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Staff Report
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Report To: Planning and Development Committee
Date of Meeting: September 30, 2019 Report Number: PSD-040-19
Submitted By: Faye Langmaid, Acting Director of Planning Services
Reviewed By: Andrew C. Allison, CAO By-law Number: PD-130-19
File Number: PLN 40 Resolution#:
Report Subject: Next Steps on Zone Clarington
Recommendations:
1. That Report PSD-040-19 be received;
2. That Planning notify all property owners and residents regarding the zoning by-law
review project (ZONE Clarington) by Canada Post through non -addressed direct mail
services (by postal code) for those living in Clarington and addressed notification to
owners outside the Municipality;
3. That in accordance with the Budget Policy, Staff are authorized to reallocate budget
allocations to fund the communication with residents;
4. That all interested parties listed in Report PSD-040-19 and any delegations be advised
of Council's decision; and
5. That Council's decision and a copy of Report PSD-040-19 be forwarded to the Region
of Durham, the Central Lake Ontario Conservation Authority, the Ganaraska Region
Conservation Authority and the Ministry of Municipal Affairs and Housing.
Page 7
Municipality of Clarington Page 2
Report PSD-040-19
Report Overview
Planning Services staff have prepared this report to respond to several issues identified by
Council members regarding Clarington's comprehensive Zoning By-law review. Council
wishes to improve communications with residents regarding the review, specifically, to
address concerns generated over new mapping and Environmental Protection (EP)
provisions outlined in the first draft of the new consolidated by-law. This first draft is one of
three versions that will be presented to the public and is by no means complete.
To ensure adequate public notification, staff are recommending that Council allocate
$13,327 to cover the cost of notices to all residents and property owners affected by the
review. Staff will send unaddressed mail using postal codes to all property owners, tenants
and taxpayers within Clarington. A separate addressed mail notice will be sent to people
who own property in Clarington but do not live within the Municipal boundaries.
In addition, this report provides Council with more information and context on several
resolutions that deal specifically with the re-evaluation of proposed Environmental Protection
Zoning as well as clarification on the Environmental Protection designation. Staff continue to
work with residents, Central Lake Ontario Conservation authority and Ganaraska Region
Conservation Authority on site -specific reviews to verify any Environmental Protection
Features. This report outlines that process. It also explains the natural heritage system
setbacks found within EP zones such as the 30-metre Minimum Vegetation Protection Zone
and the 90-metre Environmental Review Area. The report also provides an update on the
three-month deferral of rural area zoning as mandated by Council and what that means to
the overall project. The report also answers questions brought up by residents regarding
Municipal zoning and whether it needs to conform with Provincial policy as well as the
ramifications if it doesn't.
1. Introduction
1.1. The ZONE Clarington project, a comprehensive review of the Municipality's zoning by-
laws, was launched in September 2017. The Planning Act, sets out the ground rules for
land use planning in Ontario. It requires municipalities review and update their
municipal zoning by-law(s) to conform to their Official Plan no later than three years
after the Official Plan comes into effect. Amendment 107 to the Clarington Official Plan
was adopted by Council on November 1, 2016 and was approved by the Region of
Durham on June 19, 2017.
1.2. On November 14, 2018, a proposed first draft zoning by-law was released for public
comment. The first draft zoning by-law contains general regulations and definitions that
apply to all of Clarington. It also includes the zone categories and mapping for
Clarington's rural areas. This is the first of three draft versions planned to be released
for public comment prior to the recommendation of a new, consolidated zoning by-law
for Council to approve.
Municipality of Clarington Page 3
Report PSD-040-19
1.3. Since its release, Council has heard concerns from Clarington landowners who feel they
were not properly notified of the review and the release of the first draft. Some
landowners have also expressed opposition to the implementation of Official Plan
policies that protect Clarington's natural heritage system. Requests have been made to
revisit the Clarington Official Plan and repeal the natural heritage system policies that
implement the Provincial Policy Statement (PPS), Greenbelt Plan and Oak Ridges
Moraine Conservation Plan. In addition, in light of the initiation of Provincial reviews of
the PPS and the Conservation Authorities Act, some landowners have requested that
Clarington's zoning by-law review be put on hold. Council passed Resolution #117-19
placing the review on "pause" for 3 months.
1.4. On July 2 and September 16, 2019, a series of resolutions regarding ZONE Clarington
were passed by Council. They relate to the following:
• Public notice;
• Re-evaluation of proposed environmental protection zoning and refinement of
Official Plan designation;
• Natural heritage system setbacks (buffers);
• Deferral of rural area zoning review;
• Conformity with Provincial policy; and
• Legal ramifications of not conforming to the Official Plan.
1.5. Full copies of these resolutions are set out in Attachment 1. Council's directions from
these resolutions, tabulated by the topics, are provided in Attachment 2.
2. Public Notice
2.1. Resolution #PD-104-19 directed staff to provide notice in writing to landowners who,
based on the first draft zoning by-law, are proposed to have more of their property
zoned Environmental Protection (EP) than is currently zoned, and to invite input on the
proposed zoning change. With the approval of Resolution #JC-117-19, the scope of the
notice changed to also include landowners that had a change in Environmental
Protection Area designation on their property resulting from the approval of Official Plan
Amendment 107.
Official Plan Review Notice
2.2. On June 19, 2017, the Region of Durham approved Official Plan Amendment No. 107,
which updates the Clarington Official Plan to make sure it is relevant and complies with
provincial and regional planning documents, and overarching community goals for
growth and development. As part of the conformity requirements, the natural heritage
system in the 1996 Clarington Official Plan (mapping and policies in the text) was
updated. While many features that comprise Clarington's natural heritage system were
already protected through the policies in the 1996 Clarington Official Plan, these were
not fully reflected in the Environmental Protection Area land use designation (i.e. they
were not mapped).
Municipality of Clarington Page 4
Report PSD-040-19
2.3. The concern regarding lack of notice about the zoning by-law review has extended to
include the opinion that there was insufficient notice provided during the Official Plan
Review. The Municipality invested significantly in undertaking a comprehensive review
of the Official Plan, including an extensive public participation process. The public
participation process carried out for the Clarington Official Plan Review is fully described
in Report PSD-060-16. In brief, the review included:
• 20 Council reports;
• 9 discussion papers;
• Numerous workshops, public engagement sessions and meetings with
landowners, interest groups and Committees of Council; and
• Website, social media, newspaper and newsletter advertising and information
sharing.
2.4. Landowners have recently questioned why notice of the Official Plan Review was not
mailed to every property owner in the Municipality. Notice of the release of proposed
changes to the Official Plan and advertising a series of public information sessions, was
included in the Municipal tax mail out in May 2015 (Figure 1).
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Figure 1: Official Plan Review Municipal Tax Bill Notice — May 2015
2.5. Report PSD-060-16, followed the series of public open houses advertised in Figure 1. It
outlined concerns heard during the Official Plan Review regarding Environmental
Protection Area designation limits and provided additional information on how the
natural heritage system was defined. The report outlined how the actual development
limits are determined, and the purpose and determination of the minimum vegetation
protection zone from an environmental feature. In addition, the report included final
refinements to policies relating to the minimum vegetation protection zone for inclusion
in the recommendation of Official Plan Amendment No. 107.
Municipality of Clarington Page 5
Report PSD-040-19
ZONE Clarington Notice of Project Commencement and Release of First Draft
Zoning By-law
2.6. An overview of the communication and engagement strategy planned for ZONE
Clarington was provided in PSD-060-17, which announced the commencement of the
comprehensive zoning by-law review project. Communication and engagement is
planned to occur throughout the review process.
2.7. Announcement of the launch of ZONE Clarington was provided through advertising in
Clarington This Week and Orono Times, the Municipality's website, notice in the
Clarington Planning eUpdate newsletter. Letters were sent to development review
agencies and the following advisory committees and rural stakeholders:
• Association of Ontario Land Surveyors;
• Durham Region Federation of Agriculture;
• Durham Region Association of Realtors;
• Greenbelt Foundation;
• Oak Ridges Moraine Foundation;
• Ontario Stone, Sand and Gravel Association;
• Durham Farm Fresh;
• Niblett Environmental Associates;
• Oakridge Environmental Ltd.;
• Ontario Ministry of Agriculture, Food and Rural Affairs;
• Building Industry and Land Development Association;
• Durham Region Home Builders Association;
• Agricultural Advisory Committee of Clarington; and
• Committee of Adjustment.
A copy of the notice letter is provided as Attachment 3.
2.8. Notification of the release of the first draft zoning by-law in November 2018 was
provided via a memo to Council, notice letters to interested parties, notice letters to the
above listed groups and other interested parties. Advertising in Clarington This Week
and Orono Times, and in the Clarington Planning eUpdate newsletter, corporate news
release, and through the project website and the Municipality's social media pages. A
copy of the key Rural Phase stakeholders mail out is provided as Attachment 4.
2.9. Notification of the first round of public open houses, held in January and February of this
year, was provided via Report PSD-082-18, notice to interested parties, advertising in
Clarington This Week and Orono Times, advertising in the Clarington Planning eUpdate
newsletter and on information screens in Municipal recreation facilities, through the
project website and the Municipality's social media pages. Copies of the newspaper
advertising for the first draft zoning by-law open houses is provided as Attachment 5.
Municipality of Clarington
Report PSD-040-19
Page 6
2.10. In addition to the notification described above, staff have formally met directly with
numerous stakeholders and landowners to answer questions and discuss the project,
as follows:
• Agricultural Advisory Committee of Clarington (x5)
• Committee of Adjustment (x1)
• Region of Durham Planning Staff (x5)
• Conservation Authority Staff (x5)
• Building Industry and Land Development Association — Durham Chapter (x1)
• Local residents group respecting Special Event Venues (x1)
• Durham Landowners Association (x1)
• Rezoning Clarington Citizens Group (x1)
2.11. Staff have a previously scheduled presentation to Durham Region Association of
Realtors Board on September 26, 2019 which will address the overall ZONE Clarington
Project.
2.12. Staff routinely receive and respond to inquiries made in person, via email and over the
phone to Planning Services or through the direct methods of contact for ZONE
Clarington. Some residents maybe confused as to where to obtain accurate
information. The official ZONE Clarington website is
www.Clarington.net/ZoneClarington. The site can be accessed directly or from the
municipal website.
2.13. At the September 16, 2019 Council meeting, a delegate indicated that rural area
residents are not being responded to by Staff. Staff aim to respond to all inquiries
received within 24 — 48 hours, currently because of volume, it is taking longer. Staff
have no record of any inquiry that has not been responded to. Detailed responses to
submissions will be addressed in the second draft, anticipated for Fall 2020. Staff
acknowledge receipt of all submissions.
2.14. Written comments submitted on the first draft zoning by-law are catalogued in a
summary table. Written comments inform the preparation of the next draft of the
proposed zoning by-law. Individual responses to each written submission received
during zoning by-law review are typically not provided, rather they form part of the public
comment record. The comment summary table will include details as to how comments
were addressed.
Direct Notice to Landowners with Proposed Environmental Protection Zoning
2.15. In response to Council's direction respecting the provision of written notice to
landowners, staff have assessed and determined cost estimates for a range of
notification options. These options are detailed in Attachment 6 and show a cost range
of $2,864 to $31,233, depending on the printing option and scope of distribution. Staff
are recommending the option that notifies landowners in a cost efficient manner.
Municipality of Clarington
Report PSD-040-19
Page 7
2.16. The direction from Council was to focus distribution to landowners who, based on the
first draft zoning by-law, are proposed to have more of their property zoned
Environmental Protection (EP) than is currently zoned. Staff recommend that the notice
be broadened. EP zoning proposed in the first draft zoning by-law is an important issue
for a number of rural landowners. Proposed changes related to the other topics in the
zoning by-law may be of particular interest to other landowners. There is a risk that a
notice specific to a single topic and distributed to a limited number of landowners may
create further misunderstanding. As shown in Attachment 6, a limited circulation that
includes only the landowners who may be affected by the proposed changes to the EP
zone would capture only 9.48% of the total number of landowners in Clarington.
2.17. Staff recommend that the direct notice requested by Council consist of a letter sent via
Canada Posts non -addressed direct mail service (by postal code) to all property owners
or taxpayers within Clarington, and as an addressed mail out to owners outside of
Clarington. This approach provides a cost effective option for reaching all property
owners and tenants in Clarington, and those who may own property in Clarington but
are not located here. With respect to the expansion of Council's direction to notify
landowners of the environmental protection changes that took place in Official Plan
Amendment No. 107, this represents 2,936 rural area landowners, all of whom would be
captured by the recommendation of staff.
2.18. The letter will provide general notice that a comprehensive zoning by-law review is
underway, including the relationship to the Clarington Official Plan and Provincial policy.
In addition, the letter will inform landowners about the site -specific environmental
protection zoning review process, as addressed in Section 3.5 to 3.9.
2.19. The estimated cost to complete the provision of notice as described in Section 2.16 is
$13,327. Staff recommend that the surplus in the Planning Services Department
budget for 2019 (because of gapping in staff positions) be used to fund the mail out.
This expenditure is required as the approved budget for the project does not include
communications and public engagement funds for ZONE Clarington.
2.20. The option to include the letter in the May 2020 Final Tax Bill mail -out, would eliminate
the costs associated with direct mail and postage. This approach is not recommended
due to the delayed timing of notification.
3. Re -Evaluation of Proposed Environmental Protection Zoning
and Refinement of Environmental Protection Designation
3.1. There are numerous provincially, regionally and locally mandated environmental
protection policies that need to be implemented in a new zoning by-law for Clarington.
The first draft zoning by-law proposes to protect significant environmental features and
natural hazards (e.g. floodplain) with an Environmental Protection (EP) zone. A listing
of significant environmental features that comprise Clarington's natural heritage system
and are protected from development by the policies of the Provincial Greenbelt Plan
Municipality of Clarington
Report PSD-040-19
Page 8
and Oak Ridges Moraine Conservation Plan, the Region of Durham Official Plan and
Clarington's Official Plan is provided as Attachment 7.
3.2. Since the release of the first draft zoning by-law, staff have documented requests from
landowners for site -specific EP zoning reviews. On July 2, Council directed staff to
provide owners of a property with proposed EP zoning the opportunity to have their
properties inspected "to verify any Environmental Protection features". This is
addressed in Sections 3.5 to 3.9 of this report.
3.3. At the time of the writing of this report, 36 landowners are included on ZONE
Clarington's listing of property inspection requests. In some cases, landowners own
multiple properties. Some landowners who have contacted Planning Services to
request a site visit have subsequently determined a visit is not necessary after
discussing their property and its proposed zoning with staff and gaining a better
understanding of the zoning by-law review project. In some cases, these landowners
believed that the zoning of their property was proposed to be either entirely
Environmental Protection or close to it, which was inaccurate. Misleading and incorrect
information circulating throughout the rural community, on social media, and repeated
by some media outlets, is contributing to misunderstanding and confusion amongst
Clarington landowners.
3.4. Prior to initiating any site visits, the development of a clear, standard process is
underway in order to ensure transparency and consistency in approach and obtain
concurrence of the Conservation Authority staff necessary to conduct the site visit, and
Ministry of Natural Resources and Forestry (MNRF) staff if required.
Site Specific Review Process
3.5. Staff have been working in collaboration with the Central Lake Ontario Conservation
Authority (CLOCA) and Ganaraska Region Conservation Authority (GRCA) to identify a
process for site -specific reviews, including site visits. The Environmental Protection
Area designation in the Clarington Official Plan was created using the Conservation
Authorities' base map data for the ecological land classification system, watercourses,
valleylands and natural hazards. In addition, information from the MNRF for Provincially
Significant Wetlands and Areas of Natural and Scientific Interest was used. The
Municipality relies on Conservation Authority staff to provide advice and expertise on
environmental features.
3.6. Municipal and Conservation Authority staff agree that all site inspection requests should
begin with a site -specific review of any available data and documentation to determine if
adjustments can be made to proposed EP zone boundaries. This approach may
provide the ability to address concerns without the need for a site visit. Where
concerns cannot be addressed based on an initial desktop review, the opportunity for an
inspection will be available as warranted.
Municipality of Clarington Page 9
Report PSD-040-19
3.7. Table 1 outlines the site -specific EP zoning review process developed by staff, and in
consultation with the Conservation Authority staff. Prior to initiating this process for the
requests received to date, staff will seek final concurrence and confirmation of capacity
to assist from CLOCA and GRCA. The timeline for completion of any site -specific
review requests will be dependent upon the number of requests that are received and
the capacity of both Municipal and Conservation Authority staff. Further discussion of
the Conservation Authorities capacity is addressed in Section 5.5 through 5.9.
3.8. Site -specific reviews may identify locations where adjustments to the proposed EP zone
boundary on a property will be made. Where identified, these changes will be reflected
in the schedules (i.e. mapping) of the second draft zoning by-law, once released. An
update to the ZONE Clarington interactive eMap tool will also be issued concurrently
with the release of the second draft zoning by-law. In the interim, no changes will be
made to the first draft zoning by-law schedules or the current version of the ZONE
Clarington interactive eMap tool.
3.9. Where a landowner disagrees with the results of a site -specific review, they will
continue to have the opportunity to submit comments outlining their concerns with the
draft zoning by-law, and can participate in the formal zoning by-law amendment and
public consultation process, once initiated. Staff will not be able to make changes to
address concerns that would conflict with provincial policies or policies within the
Region of Durham Official Plan or Clarington Official Plan. Once a new zoning by-law
has been approved by Council, all persons or public bodies will have appeal rights to
the Local Planning Appeal Tribunal.
Municipality of Clarington
Report PSD-040-19
Table 1: ZONE Clarington Site -Specific Environmental Protection Zone Review Process
Page 10
Step
Agencies
Description
Involved
1. Data Review
Municipality
Review all data sets that identify environmental features to determine if
CLOCA /
refinements to the feature boundary information could be made at a desktop level
GRCA
and if there is an ability to update the data sets based on new or updated
MNRF
information.
2. Issue
Municipality
Requests for evaluations will be reviewed to identify specific concerns with the
Confirmation
proposed Environmental Protection zone. In some cases residents may be
contacted to obtain further details.
3. Issue
Municipality
The Municipality will create an issues map to identify properties where residents
Mapping
pp g
have requested an evaluation. The map will be linked to a data set that includes
relevant details provided by the resident to aid in the review. In some cases
residents have provided detailed descriptions of environmental features and areas
where they feel adjustments should be made. Some residents have also provided
additional information such as environmental impact studies and letters from staff
at the Ministry of Natural Resources and Forestry.
4. Document
Municipality
Planning staff and staff at the Conservation Authorities will conduct a file review
Review
CLOCA /
related to properties on the issues map to determine if there is any relevant
GRCA
documentation or previous approvals that may assist us in our review.
Documentation provided in step 3 will also be reviewed.
5. Identify
Municipality
Based on the review of information gathered from steps 1 through 4, Planning
Edits
CLOCA /
staff will meet with Conservation Authority staff to review the findings and identify
GRCA
whether there is adequate rationale to propose changes to the draft zoning maps.
6. Confirmation
Municipality
a) Letters will be sent to residents to identify whether there is adequate rationale
of Issues
CLOCA /
to make changes to the proposed zoning maps for their properties based on the
and
GRCA
outcome of step 5. Residents will then be asked if the proposal addresses their
Scheduling
previous concern and if not confirmation that they still wish to pursue a site visit.
of Site Visits
b) Responses to the letters identified in a) will be recorded. Conservation
Authority staff will be contacted to identify potential scheduling of site visits. It is
anticipated that some visits may need to occur during a specific season of the
Municipality of Clarington
Report PSD-040-19
Page 11
year dependant on the identified feature. For example, a watercourse that runs
intermittently may need to be visited during the spring thaw.
7. Site Visits
Municipality
Site visits will be conducted and staff will discuss whether the findings of those
CLOCA /
visits can result in potential revisions to the proposed zoning maps.
G RCA
8. Confirmation
Municipality
Letters will be sent to residents to identify what was found as a result of the site
of Site Visit
evaluation and whether changes can be made to the proposed zoning maps.
Edits
Where changes cannot be made, an explanation will be provided.
Municipality of Clarington Page 12
Report PSD-040-19
Official Plan Amendments
3.10. In the suite of land use planning tools, Official Plans and Zoning By-laws have different
roles and functions. Official Plans are policy documents that must conform/be
consistent with, and not be in conflict with applicable provincial policies. Accordingly,
the Region of Durham's Official Plan and the Municipality of Clarington's Official Plan
must be consistent/not conflict with the natural heritage policies of the Provincial Policy
Statement, Greenbelt Plan, and Oak Ridges Moraine Conservation Plan. As such,
according to Durham's Official Plan, development or site alteration is not permitted
within key natural heritage features and/or functions, including any vegetative protection
zone, with few exceptions. The Municipality of Clarington Official Plan reflects these
policies with more individual features and specific policies that are described in more
detail. Zoning By-laws implement and support Official Plans by determining in more
detail the types of uses permitted by location, as well as performance standards such as
setbacks, height and parking.
3.11. If it could be demonstrated there were mistakes with Clarington Official Plan's
environmental mapping, then in theory an Official Plan Amendment could be initiated to
correct any such mistakes. However, there are two issues to bear in mind. First the
Region was the approval authority for Clarington's comprehensive Official Plan
Amendment No. 107 in 2017. The purpose of Clarington's ongoing zoning by-law
update exercise is to bring the Zoning By-law into conformity with the new Official
Plan. Regional planning staff, in cooperation with Conservation Authority staff reviewed
Amendment No. 107 carefully to ensure it was in conformity with the Region's Official
Plan and provincial policies prior to issuing approval in 2017. Second, if there are
mistakes in Clarington's maps, then we need to determine if there are mistakes in the
Region's Official Plan maps, as Clarington's Official Plan must be in conformity with the
Region's Official Plan. In turn, the Region's environmental mapping must be in
conformity with Provincial documents. The Region's Official Plan was approved by
MMAH.
3.12. Section 14.4.7 of the Clarington Official Plan states that the extent of the Environmental
Protection Areas designation is approximate. The precise limits must be detailed
through the appropriate studies as part of the review of development applications and/or
in consultation with the Conservation Authority. Based on this policy, were limits are
refined based on evaluations in consultation with the Conservation Authority an
amendment would not be required. The limits can be refined in the mapping of the
proposed zoning by-law.
3.13. In instances where it is determined a feature does not exist, staff will initiate an
amendment to the Official Plan that will be brought forward at the same time as the final
draft zoning by-law for Council's decision. Since the Official Plan Amendment will be
staff initiated, residents will not be required to submit an application fee. It will be at no
cost to the landowner.
Municipality of Clarington
Report PSD-040-19
4. Natural Heritage System Setbacks
Page 13
4.1. Resolution #JC-104-19 directed staff to report back to Council to explain and provide
justification for development setbacks (e.g. buffers) from significant environmental
features that are included in the first draft zoning by-law.
Draft Zoning By-law Environmental Protection Setback and Review Area
4.2. In rural areas (outside of rural settlement areas, e.g. hamlets), the EP zone proposed in
the first draft zoning by-law includes a "Minimum Vegetation Protection Zone (MVPZ)"
overlay that extends 30 metres from a significant environmental feature. This is
illustrated in Figure 2. The MVPZ is intended to buffer the environmental feature,
providing a transition area between the environmental feature and development. In
rural settlement areas, the extent of the proposed MVPZ varies depending on the type
of feature.
I
1
I �
I
Minimum
Vegetation
Protection Environmental Review Area
Zone (ERA)
(MVPZ)
i
I
I
• I
Environmental Protection Zone (EP) Agricultural Zone (A)
Figure 2: Illustration of EP Zone, MVPZ and ERA Boundary Limits
Relative to a Significant Environmental Feature
4.3. As illustrated in Figure 2, the first draft zoning by-law included an Environmental Review
Area (ERA) overlay that extends 90 metres from the MVPZ. The uses permitted in the
ERA are based on the underlying zone (for example Agriculture in Figure 2). Any new
development proposed within the ERA overlay would have required an evaluation to
demonstrate that there will be no adverse effects on the feature. Staff are
recommending that new agricultural, agricultural -related and secondary on -farm uses
proposed within the ERA be exempt from this requirement.
Municipality of Clarington Page 14
Report PSD-040-19
Deletion of the Environmental Protection Setback and Review Area
4.4. On September 16, 2019, Council directed staff to "delete the Environmental Review
Area (90 metres) and Minimum Vegetation Protection Zone (30 metres) from the draft
zoning by-law amendment." The intent of showing the environmental protection setback
(i.e. MVPZ) and environmental review area limits (i.e. ERA) for new development in the
schedules of the first draft zoning by-law was to ensure transparency. This approach
has raised questions and concern from landowners over the amount of land zoned EP.
It is apparent that many perceive the ERA to be an extension of the EP zone rather than
an overlay to an underlying zone that sets out the permitted uses and regulations (e.g.
"Agricultural (A)").
4.5. The deletion of the MVPZ and ERA will be reflected in the second draft zoning by-law
mapping, once released. During preparation of the second draft zoning by-law, staff will
recommend what regulations are required in the text of the zoning by-law to ensure
conformity with provincial policy, the Region of Durham Official Plan and the Clarington
Official Plan as it relates to setback and environmental review requirements for new
development. In addition, staff will consider the use of other planning tools to add clarity
to when an evaluation would be required if development is within a MVPZ and/or ERA.
Provincial Policy for MVPZ and ERA
4.6. Environmental protection policy direction comes from the Provincial Policy Statement
(PPS), the Greenbelt Plan, and the Oak Ridges Moraine Conservation Plan. Official
Plans at both the Regional and Municipal level must be consistent with those policies.
A consolidation of all related Provincial, Regional and local policies was provided to
Council in a memo from the Acting Director of Planning Services, dated August 9, 2019
(Attachment 8). Notably, 92% of Clarington's rural land area is within the area covered
by the Greenbelt Plan and Oak Ridges Moraine Conservation Plan.
4.7. The PPS does not permit development within significant environmental features. For
development to occur adjacent to an environmental feature, the PPS requires the
proponent demonstrate there will be no negative impacts on the environmental feature.
4.8. The Greenbelt Plan and the Oak Ridges Moraine Conservation Plan do not permit
development within environmental features, including any associated vegetation
protection zone, with some exceptions including for conservation management,
infrastructure and aggregate. Both Plans require that the vegetation protection zone be
a minimum of 30 metres measured from the outside boundary of the key natural
heritage feature or key hydrologic feature. Both Plans continue to allow existing uses
and buildings within an environmental feature and any associated minimum vegetation
protection zone. There is also consideration for expansions of existing buildings and
uses providing the expansion is evaluated. Single detached dwellings are permitted to
be constructed on existing lots, provided the lot was zoned for such use prior to the
Municipality of Clarington
Report PSD-040-19
Page 15
respective date the Greenbelt Plan or Oak Ridges Moraine Conservation Plan came
into effect.
4.9. The Greenbelt Plan and the Oak Ridges Moraine Conservation Plan provide direction
for requiring an environmental study for development that is proposed within proximity
to a significant environmental feature. Both Plans require a proposal for new
development within 120 metres of a significant environmental feature undertake an
evaluation prior to development to demonstrate there will be no adverse effects on the
feature or its related function and to confirm the appropriate setback distance from the
environmental feature.
5. Deferral of Rural Area Zoning Review
5.1. Council directed that work on the rural phase of the zoning by-law review be paused for
a period of three months (as part of Resolutions #JC-115-19 and JC-117-19). The
factors influencing this direction include the following:
• The review of the 2014 Provincial Policy Statement (PPS);
The announcement of provincial direction for Conservation Authorities to focus
on their "core mandate" and the potential effect on CLOCA / GRCA capacity; and
The recent passing of a new comprehensive zoning by-law in East Gwillimbury
and subsequent appeal by the Lake Simcoe Region Conservation Authority.
2014 Provincial Policy Statement Review
5.2. The PPS provides policy direction on matters of provincial interest related to land use
planning and development. Under Section 3 of the Planning Act, where a municipality
is exercising its authority affecting a planning matter, such decisions "shall be consistent
with" all policy statements issued under the Act.
5.3. On May 2, 2019 the Province announced a review of the PPS through Bill 108 "More
Homes, More Choice Act, 2019". Proposed changes to the PPS were released on July
22, 2019 and the Conservation Authorities Act. Key principles of the proposed changes
include protecting the environment and public safety. Based on the proposed draft, this
is achieved through enhanced direction relating to climate change matters and soil
reuse. Policies to protect the local natural heritage system and the Greenbelt have
been maintained.
5.4. The deadline for submitting comments on the PPS Review is October 21, 2019. Under
the proposed changes to the PPS, the Province reaffirms that Official Plans are the
most important vehicle for implementation and achieving comprehensive long range
planning. The PPS directs planning authorities to keep their zoning by-law up-to-date
with their Official Plans. Furthermore, the PPS directs that all planning decisions "shall
Municipality of Clarington Page 16
Report PSD-040-19
be consistent" with the Provincial Policy Statement. The Draft Provincial Policy
Statement leaves untouched the natural heritage protection policies of the current
PPS. The PPS policies require the long term protection of the ecological and
biodiversity function of natural heritage systems, recognizing the linkages among
natural heritage features and surface and ground water.
Conservation Authority Capacity to Support ZONE Clarington
5.5. Conservation authorities in Durham Region have an integrated role in the land use
planning system as "public bodies" under the Planning Act and its implementing
regulations. Conservation authorities provide commentary and advice within their
regulatory and policy mandate on land use planning matters, including ZONE
Clarington.
5.6. The role of conservation authorities in the land use planning system is further defined
through two Memoranda of Understanding (MOUs). The first MOU is between
conservation authorities and the Ministry of Municipal Affairs and Housing and the
Ministry of Natural Resources and Forestry. It outlines the delegated roles and
responsibilities of conservation authorities to represent the provincial interests in
planning matters that relate to natural hazards (flooding and erosion hazards) under the
Provincial Policy Statement. The second MOU is between the Region of Durham and
the conservation authorities within the Region. It outlines the roles and responsibilities
with respect to land use planning services related to natural hazards and natural
heritage, watershed management and other related matters.
5.7. Amendments to the Conservation Authorities Act were enacted earlier this year through
the passage of Bill 108. The amendments included new requirements for conservation
authorities to deliver `mandatory programs and services,' which include `programs and
services related to the risk of natural hazards.' The details of such programs are
forthcoming in provincial regulations, however, it is clear that the existing conservation
authority roles in the planning system relate directly to programs and services related to
the risk of natural hazards (i.e. providing technical information and planning
commentary and advise for flooding and erosion hazards).
5.8. On August 1, 2019, Planning Services Department staff met with staff from CLOCA and
GRCA as part of setting out a protocol for site -specific EP zoning reviews and site visits,
including confirming the involvement of the Conservation Authorities. The Conservation
Authorities confirmed their willingness to support the process with their technical
knowledge, advice and site -specific knowledge to collaborate with Municipal staff to
address the site -specific review requests in a timely manner.
5.9. Municipal staff are able to utilize the technical advisory role of the conservation
authorities to further refine the draft zoning by-law and mapping to address landowner
concerns wherever possible and to further understand issues that may exist if
Municipality of Clarington
Report PSD-040-19
Page 17
refinements are not warranted. While decisions are required to be consistent with, or
conform to, provincial legislation and policy, the Municipality is the decision maker with
respect to the Zone Clarington project, .which the Conservation Authorities play an
advisory role. Municipal staff have an ongoing and productive working relationship with
conservation authority staff in their integrated role in the planning system. As part of
seeking final concurrence on the review process outlined in Table 1, Page 10, staff will
formally confirm the capacity of CLOCA and GRCA to assist.
East Gwillimbury Zoning By-law Appeal
5.10. On May 1, 2018, the Town of East Gwillimbury approved an updated zoning by-law for
the municipality. In response to similar concerns raised by area landowners respecting
zoning for environmental protection, the updated zoning by-law passed by the East
Gwillimbury council maintained the private property environmental protection
boundaries from their 1997 zoning by-law. This ensured that any permissions allowed
under the existing East Gwillimbury by-law were maintained and no restrictions were
added to private property.
5.11. On June 12, 2018, the Lake Simcoe Region Conservation Authority (LSRCA) filed an
appeal to the Local Planning Appeal Tribunal (LPAT) (LPAT Case No. PL180594) and
provided the following three grounds of appeal:
• The ZBL Schedule A maps are inconsistent with the Provincial Policy Statement;
• The ZBL Schedule A maps fail to conform to and conflict with provincial plans;
• The ZBL Schedule A maps fail to conform to the Region and Town Official Plans.
5.12. Subsequently, the Town of East Gwillimbury and LSRCA have agreed to the use of
mediation toward a possible settlement. While agreements in principle have been
reached between the Town of East Gwillimbury and LSRCA, which include maintaining
the mapping as approved by the Town of East Gwillimbury Council in June 2018 and
the addition of regulatory text in the zoning by-law stating the need for a planning
approval process including environmental evaluation of features for new development
with or adjacent to a significant environmental feature, a formal LPAT settlement
hearing has not yet occurred.
Deferral of Rural Area Zoning By-law Review
5.13. In accordance with #JC-117-19, staff will pause work on the rural portion of ZONE
Clarington for a period of three months and within this period will report back to Council
to provide updates on the status of the three matters outlined in Section 5.1. An
exception to this is that staff will continue to address site inspection requests for the
purposes of verifying environmental features, as directed in Resolution #JC-117-19.
The process that staff will undertake for receiving, tracking, evaluating and responding
to site inspection requests is outlined in Table 1, Page 10.
Municipality of Clarington
Report PSD-040-19
Page 18
5.14. For clarity, effective September 16, 2019, work on the zoning by-law review will include
the following:
• Continuing to receive requests for, and will be undertaking, the site -specific
environmental protection zoning review process (see Table 1) (subject to final
concurrence by the of Conservation Authority staff);
• Receiving and logging written comments submitted in response to the first draft
zoning by-law;
• Preparation and distribution of written public notice of the zoning by-law review
(subject to Council's decision on this report); and
• Research and the preparation of proposed zoning regulations and mapping for
Clarington's urban areas.
5.15. During the `pause' period, staff will continue to answer questions and direct landowners
to ZONE Clarington information and resources that are currently available. The
preparation and publication of any new information and resources will be limited to
urban -specific zoning topics. In addition, staff will not coordinate or participate in any
public information sessions or presentations relating to the proposed first draft zoning
by-law (the rural portion).
5.16. Project related communications will continue as outlined in Report PSD-060-17 which
indicated that communication and engagement will occur throughout the review process
and will be customized for each of the phases. Strategies will seek to share information
about the process and subject matters being reviewed and will engage Council, the
public and stakeholders to obtain feedback and comments. Communication and
engagement to make the community aware of the overall ZONE Clarington project and
work on the Urban phase will continue.
6. Conformity with Provincial Policy
6.1. Resolution #PD-104-19 requested staff report back on "whether the proposed zoning
by-law is ultra vires to the Oak Ridges Moraine Act and the Oak Ridges Moraine
Conservation Plan, as it pertains to "agricultural uses" within the Natural Core and
Natural Linkage Areas of the Oak Ridges Moraine."
Municipality of Clarington Page 19
Report PSD-040-19
Policy Conformity
6.2. The statement `ultra vires' suggest that one has acted beyond one's legal power or
authority. The final draft zoning by-law that will be presented to Council for a decision
must conform to Provincial policy, including the Oak Ridges Moraine Conservation Plan
and Act. Staff has, and will continue to review the draft zoning by-law in accordance
with Provincial policy documents, the Region of Durham Official Plan and Clarington
Official Plan.
6.3. Although Council has approval authority over zoning by-laws, the Region of Durham
has review responsibility for conformity with provincial policy documents and legislation.
Regional staff were circulated on the first draft zoning by-law and will continue to be
circulated on subsequent drafts for comments. No indication has been provided by
Regional Staff to suggest the first draft zoning by-law is "ultra vires".
6.4. If the Region of Durham identifies conformity issues, staff will provide corrections in the
subsequent draft zoning by-law. Planning staff at both the Municipality and the Region
of Durham will work to ensure the proposal is not "ultra vires" with any Provincial
policies or legislation. It should be noted that Clarington's Zoning By-law 2005-109
(Oak Ridges Moraine) was approved by the Minister of Municipal Affairs and Housing
on March 24, 2010.
6.5. The Municipal Solicitor will be providing a report regarding whether the proposed zoning
by-law is "ultra vires" when the Zoning By-law comes forward for approval.
Implementation of Provincial Policies
6.6. Since review of proposed zoning by-laws in relation to Provincial policy has been
downloaded to the Region of Durham, planners at the Ministry of Municipal Affairs and
Housing (MMAH) would not have direct involvement in this process to see how the
policies they formulate are being implemented. It is apparent from Resolution #JC-117-
19 that there are significant concerns within the Clarington community with provincial
policy implementation relating to the MVPZ and ERA. It would be appropriate for staff
at the Ministry of Municipal Affairs and Housing to follow the progress of the ZONE
Clarington project to be informed on the policy implementation issues. Clarington staff
have been in conversation with staff at MMAH and requested that they pass on
information and resources that could assist with our review.
6.7. Historically, many farm houses and buildings were located in proximity to watercourses
for ease of access to water. Due to this pattern of development, many rural houses and
agricultural buildings are within the EP zone and MVPZ and would be subject to
additional approvals in order to expand. Staff at the Ministry of Municipal Affairs and
Housing could provide advice on how best to implement policies related to agriculture
and the environment that strike a balance to protect both policy priorities without being
overly bureaucratic or requiring undue additional processes.
Municipality of Clarington Page 20
Report PSD-040-19
7. Concurrence
Not Applicable.
8. Conclusion
8.1. The first draft Zoning By-law released in November 2018 was the first of three draft
versions planned for release for public and agency comment prior to the
recommendation of a new, consolidated zoning by-law to Council for approval. There
will be ample opportunity for the public to engage with Staff throughout the next phases
of the ZONE Clarington project. Staff receive inquiries on the project daily, and
continue to discuss the project with residents to help them understand the project and
ensure they have accurate information in order to provide meaningful feedback.
8.2. No changes to the first draft zoning by-law, including mapping will be made in the
interim. Changes to address submissions and comments from agencies will occur
during the creation of the second draft which is not expected to be released for at least
a year. This includes changes to the current version of the ZONE Clarington interactive
eMap tool.
8.3. Staff will continue to log submissions and site visit requests. Site visits will be
determined based on the recommended process outlined in Sections 3.5 to 3.9 and
more specifically in Table 1, Page 10. Those who have requested site visits will be
contacted as part of that process.
8.4. It would be appropriate for staff at the Ministry of Municipal Affairs and Housing to be
advised of this report. MMAH staff should follow the progress of ZONE Clarington to
understand how implementing provincial policies at the municipal level is challenging.
Municipality of Clarington
Report PSD-040-19
Page 21
Staff Contact: Tracey Webster, Senior Planner, 905-523-3379 ext 2415 or
twebster(@.clarington.net; Amy Burke, Acting Manager of Special Projects, 905-623-3379 ext
2423 or aburke@clarington.net.
Glossary of Terms
Attachments:
Attachment 1
— Council Resolution #PD-103-19, #PD-104-19, #JC-115-19 and #JC-117-19
Attachment 2
— Resolution Consolidation, by Topic
Attachment 3
— Notice Letter — Announcement of Zone Clarington, dated September 25, 2017
Attachment 4
— Notice Letter — New Draft Zoning By -Law Notice of Release for Public
Comment, dated November 14, 2018
Attachment 5
— First Draft Zoning By -Law Public Open House Newspaper Advertisement
Attachment 6
— Notification Cost Estimate Details
Attachment 7 — Listing of Significant Environmental Features
Attachment 8 — Memo, August 9, 2019: ZONE Clarington — Policies requiring buffers to
environmental features
Interested Parties:
List of Interested Parties available from Department.
Municipality of Clarington
Report PSD-040-19
Glossary of Terms
CA Act
Conservation Authorities Act
CLOCA
Central Lake Ontario Conservation Authority
EP
Environmental Protection
ERA
Environmental Review Area
GRCA
Ganaraska Region Conservation Authority
LPAT
Local Planning Appeal Tribunal
LSRCA
Lake Simcoe Region Conservation Authority
MMAH
Ministry of Municipal Affairs and Housing
MNRF
Ministry of Natural Resources and Forestry
MVPZ
Minimum Vegetation Protection Zone
ORMCP
Oak Ridges Moraine Conservation Plan
PPS
Provincial Policy Statement (2014)
Clarington
Attachment 1 to
Report PSD-040-19
If this information is required in an alternate accessible format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
July 11, 2019
Dear Interested Parties:
Re: Agricultural Land Uses and Environmental Protection
Clerk's File Number: PG.25.06
At a meeting held on July 2, 2019, the Council of the Municipality of Clarington
approved the following Resolution #PD-103-19:
That, as part of the Zone Clarington exercise, Staff be directed to report back on
a process whereby Official Plan amendments made to correct errors in
Environmental Protection designations in Clarington's Official Plan be made at no
cost to the property owner.
Later in the meeting, the Council of the Municipality of Clarington approved the following
Resolution #PD-104-19:
That the Staff Presentation on Agricultural Land Uses and Environmental
Protection be received;
That Clarington Staff report back on whether the proposed zoning by-law is ultra
vires the Oak Ridges Moraine Act and the Oak Ridges Moraine Conservation
Plan, as it pertains to "agricultural uses" within Natural Core and Natural Link
Areas of the Oak Ridges Moraine;
That Clarington Staff report back, in general, on whether setbacks were added to
properties proposed to be re -zoned to Environmental Protection and if so, what
justification Staff have for such expansion of the setbacks;
That Clarington Staff afford any owners of a property affected by the proposed
zoning changes the opportunity to have their properties inspected to verify any
Environmental Protection features;
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 905-623-3379 www.clarington.net
N
July 11, 2019
That every landowner materially affected by the Zoning By -Law Amendment be
notified of the proposed change in zoning in writing where there is an expansion
of EP lands, and be invited to provide input, either through a representative or
personally, regarding the proposed re -designation;
That the Municipal Solicitor report to Council with a report outlining legal
ramifications of not conforming to the Official Plan; and
All interested parties and any delegations be advised of Council's decision.
Yours truly,
C. Anne Greentree, B.A., CMO
Municipal Clerk
AG/sg
C. Bell Canada
Clarington Board of Trade
Canadian Pacific Railway
Canadian National Railway
Central Lake Ontario Conservation Authority
Conseil Scolaire Viamonde
Conseil Scolaire Catholique Mon Avenir
Elexicon Energy Inc.
Enbridge Gas
Ganaraska Region Conservation Authority
Hydro One
Kawartha Pine Ridge District School Board
Ministry of Transportation
Ministry of Natural Resources and Forestry
Peterborough Victoria Northumberland and Clarington Catholic School Board
Regional Municipality of Durham — Planning Division
Rogers Cable
���WOn Memo
If this information is required in an alternate format, please contact the Accessibility
Co-ordinator at 905-623-3379 ext. 2131
To: Faye Langmaid, Director of Planning Services
From: June Gallagher, Deputy Clerk
Date: September 17, 2019
Subject: Zone Clarington — Environmental Review Area & Minimum Vegetation
Protections Zone and Environmental Protection Areas
File: PG.25.06
At a meeting held on September 16, 2019 the Council of the Municipality of Clarington
approved the following Resolutions:
#JC-115-19:
That staff be directed to delete the Environmental Review Area (90 metres) and
Minimum Vegetation Protections Zone (30 metres) from the draft zoning by-law
amendment.
#JC-117-19:
Whereas a draft zoning by-law for the rural portions of the Municipality of
Clarington was released in November 2018 for comment; and
Whereas there has been much concern with respect to the zoning of
Environmental Protection (EP) Areas in the draft zoning by-law; and
Whereas the Provincial Policy Statement (PPS) has been issued for review and
comment; and
Whereas the proposed East Gwillimbury Zoning By-law has been appealed to
the Local Planning Appeal Tribunal (LPAT); and
Whereas Bill 108 proposes to amend the Conservation Authorities Act and
regulations, and the Conservation Authorities (CAs) have been advised to restrict
their services to core functions; and
Whereas MPP Piccini, at a recent public meeting regarding Zone Clarington,
advised members of the public and municipal Councillors present, that as a
Provincial Policy Statement is being reviewed by the Minister of Municipal Affairs,
and movement to move forward on EP zoning would be irresponsible;
The Corporation of the Municipality of Clarington
40 Temperance Street, Bowmanville ON L1 C 3A6 1 905-623-3379
Faye Langmaid - 2 - September 17, 2019
Now therefore be it resolved that:
1. Planning Services Staff be instructed to pause their work on the rural portion
of Zone Clarington for a period of three months, until (a) a decision has been
rendered for the East Gwillimbury LPAT case; (b) there is greater clarity on
the PPS revisions; and (c) it is confirmed that the CAs will have capacity to
assist with review of natural heritage features;
2. Staff report back within 3 months on any changes that have taken place with
respect to paragraph (1);
3. Staff report back on September 30, 2019 on the process for municipal led
Official Plan amendments to the Clarington Official Plan, for correcting errors
in EP designations at no cost to the landowners;
4. Staff report back to the September 30, 2019 on notifying landowners of the
EP changes which took place in the recent Official Plan amendments, as well
as EP changes for Zone Clarington; and
5. The inspection of properties by municipal staff continue where requested by
landowners.
Deputy Clerk
JG/lp
Attachment 2 to
Report PSD-040-19
Resolution Consolidation - By Topic
Resolution Date Resolution Direction
Number:
Notice
PD-104-19
Jul. 2,
That every landowner materially affected by the Zoning By-
2019
law Amendment be notified of the proposed change in
zoning in writing where there is an expansion of EP lands,
and be invited to provide input, either through a
representative or personally, regarding the proposed re -
designation.
JC-117-19
Sep. 16,
That Staff report back to the September 30, 2019 on
2019
notifying landowners of the EP changes which took place in
the recent Official Plan amendments, as well as EP changes
for ZONE Clarington.
Re -Evaluation of Proposed Environmental Protection Zoning & Correction of Official
Plan Designation Errors
PD-104-19
Jul. 2,
That Clarington Staff afford any owners of a property
2019
affected by the proposed zoning changes the opportunity to
have their properties inspected to verify any Environmental
Protection features.
JC-117-19
Sep. 16,
That the inspection of properties by municipal staff continue
2019
where requested by landowners.
PD-103-19
Jul. 2,
That, as part of the Zone Clarington exercise, Staff be
2019
directed to report back on a process whereby Official Plan
amendments made to correct errors in Environmental
Protection designations in Clarington's Official Plan be made
at no cost to the property owner.
JC-117-19
Sep. 16,
That Staff report back on September 30, 2019 on the
2019
process for municipal led Official Plan amendments to the
Clarington Official Plan, for correcting errors in EP
designations at no cost to the landowners.
Natural Heritage System Setbacks
PD-104-19
Jul. 2,
That Clarington Staff report back, in general, on whether
2019
setbacks were added to properties proposed to be re -zoned
to Environmental Protection and if so, what justification Staff
have for such expansion of the setbacks.
JC-115-19
Sep. 16,
That staff be directed to delete the Environmental Review
2019
Area (90 metres) and Minimum Vegetation Protection Zone
(30 metres) from the draft zoning by-law amendment.
Deferral of Rural Area Zoning Review
JC-117-19
Sep. 16,
That Planning Services Staff be instructed to pause their
2019
work on the rural portion of Zone Clarington for a period of
three months, until
Attachment 2 to
Report PSD-040-19
Resolution
Consolidation
- By Topic
Resolution
Date
Resolution Direction
Number:
A decision has been rendered for the East
Gwillimbury LPAT case;
(b) There is greater clarity on the PPS revisions; and
(c) It is confirmed that the CAs will have capacity to
assist with review of natural heritage features.
JC-117-19
Sep. 16,
That Staff report back within 3 months on any changes that
2019
have taken place with respect to [East Gwillimbury / PPS
review / CA capacity for NHS review requests].
Conformitywith Provincial Policy
PD-104-19
Jul. 2,
That Clarington Staff report back on whether the proposed
2019
zoning by-law is ultra vires the Oak Ridges Moraine Act and
the Oak Ridges Moraine Conservation Plan, as it pertains to
"agricultural uses" within Natural Core and Natural Link
Areas of the Oak Ridges Moraine.
Other — Addressed by Confidential Report LGL-010-19
PD-104-19
Jul. 2,
That the Municipal Solicitor report to Council with a report
2019
outlining legal ramifications of not conforming to the Official
Plan; and
Attachment 3 to
Clarington
September 25, 2017
Dear Sir / Madam,
Report PSD-040-19
ZONE Clarington
Re: ZONE Clarington —Comprehensive Zoning By-law Review Project
(Rural Area Phase)
The Planning Services Department has initiated a comprehensive review of Clarington's zoning
by-laws. ZONE Clarington will update our current zoning regulations to implement the policies
and goals of the revised Clarington Official Plan, address emerging trends, reflect current
planning standards and best practices, and make the document easier to use and understand.
With the Project Initiation Phase nearly complete, ZONE Clarington is now examining zoning in
Clarington's rural areas, including lands within the Oak Ridges Moraine. Your organization has
been identified as a potential key stakeholder for the Rural Area Phase of ZONE Clarington. As
such, we want to ensure that you are aware of how to stay informed and up-to-date on project
progress, and encourage you to subscribe to receive future project updates and information.
On September 18, 2017, Council of the Municipality of Clarington received Staff Report PSD-
060-17 outlining the need for the zoning by-law review and providing an overview of the review
approach, including public consultation and engagement. The report is available at
www.clarington.net/ZoneClarington.
To assist the Municipality with its review of the zoning by-laws, we will be engaging Council, the
community, and key stakeholders to obtain feedback and comments on zoning matters of
interest. Project information and consultation event notices will be posted on the ZONE
Clarington webpage (www.clarington.net/ZoneClarington).
To receive project updates and be notified of upcoming open houses, public meetings, or other
events, subscribe on the ZONE Clarington website, or contact us by email
(zoneclarington(@clarington.net) or phone (905-623-3379 ext. 2415).
Yours truly,
Tracey Webster, Senior Planner
ZONE Clarington Project Co -Lead
Development Review Branch
Amy5/41
urke:, Senior Planner
ZONE Clarington Project Co -Lead
Special Projects Branch
ACB/av
NDepartment\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 40 2016-2018 Zoning By -Law Review\Communication and Engagement\NoticeM2017'09'25 LTR_Zone
Clarington_Rural Ph Notice.docx
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 905-623-3379 www.clarington.net
Attachment 4 to
Clarington
November 14, 2018
Dear Sir / Madam,
Re: New Draft Zoning By-law
Notice of Release for Public Comment
Re ort PSD-040-1
IOHECIarington
We are excited to announce the release of a new Draft Zoning By-law for public review
and comment. The proposed draft zoning by-law includes updated general provisions
that apply to all of Clarington and rural zoning regulations. An online mapping tool is
also available that shows the current zoning and proposed future zoning for land parcels
within the municipality. These can be viewed on the ZONE Clarington webpage
(www.clarington.net/ZoneClarington), where you can submit feedback on the draft
zoning by-law and comments on zoning matters of interest. Copies of the draft zoning
by-law are also available at the Planning Services Department and at the Clarington
Public Libraries.
We encourage you to subscribe on the ZONE Clarington website to receive project
updates and be notified directly of the upcoming open houses, public meetings, or other
events. The first Open House Session to share information and gather input on the Draft
Zoning By-law (November 2018) will be announced soon, in local newspapers and on
the webpage.
Alternatively, you can contact us by email(zoneclarington(a)-clarington.net) or phone
(905-623-3379 ext. 2415).
Yours truly,
Tracey Webster, Senior Planner
ZONE Clarington Project Co -Lead
Development Review Branch
ACB/av
Amy Burke, Senior Planner
ZONE Clarington Project Co -Lead
Special Projects Branch
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 905-623-3379 www.clarington.net
Ir RM- .- List of First Draft Zoning By-law
IONEClarington Newspaper Advertising
Notice of Release of First Draft Zoning By-law
Attachment 5 to
Report PSD-040-19
The following ad was published in the Orono Weekly Times and Clarington This Week
on Wednesday, November 14, 21, 28, and December 5, 2018:
L.Lnr waringionJ�
Draft Comprehensive Zoning By-law Available for Public Comment
The first draft of Clarington's proposed new zoning by-law is now available for public comment. NNE Clarington
is an initiative put in place to review the Clarington's existing zoning by-laws and replace them with a
comprehensive zoning by-law that would implement the policies and goals of the revised Official Plan.
What is in the first draft? ZONE Clarington
The first draft contains updated general provisions that apply to all of Clarington and rural zoning regulations. An online mapping tool is
also available that shows the current zoning and proposed future zoning for land parcels within the municipality.
Have your say and stay informed
Visit www.clarington.net/ZoneClarington to read the first draft zoning by-law, submit feedback, and subscribe to receive project updates
and notice of upcoming events. Copies of the draft zoning by-law are also available at the Planning Services Department and at the
Clarington Public Libraries. Open House Sessions to share information and gather input on the draft zoning by-law will be held in early
2019- Dates to be announced soon.
Notice of First Draft Zoning By-law Open House Sessions:
The following ad was published in the Orono Weekly Times and Clarington This Week
on January 9, 16 and 23 and 30, 2019:
OPEN HOUSE 1.
First Draft Comprehensive Zoning By-law ZONECIarington
COME AND TELL US WHAT YOU
Z 0 N E Clarington is a project to review and replace the municipality's existing zoning by-laws. The first
draft contains updated general provisions that apply to all of Clarington and rural zoning regulations.
'rime
Date /
Location
Tuesday, January 29 Tyrone Community Centre
4:30 to 8:30 p.m. 2716 Concession Road 7, Tyrone
Wednesday, January 30
Kendal Community Centre
4:30 to 8:30 p.m.
6742 Newtonville Road, Kendal
Tuesday, February 5
Solina Community Hall
4:30 to 8:30 p.m.
1964 Concession Road 6, Solina
Wednesday, February 6
Garnet B. Rickard Recreation Complex
4:30 to 8:30 p.m.
2440 Highway 2, BowmanviIIe
If you plan to attend a meeting and have accessibility needs, contact the Accessibility Coordinator one
week prior to the open house date at 905-623-3379 ext. 2131, or email accessibilityCclarington.net.
For more information and to view the first draft of the Zoning By-law, visit
www.claringion.net/ZoneClarington or contact ZoneClaringtonCclarington.net,
905-623-3379 ext. 2415.
Ir RM-. List of First Draft Zoning By-law
IONEClarington Newspaper Advertising
Due to inclement weather, the open house session scheduled for February 6, 2019 was
cancelled. The following ad was published in the Orono Weekly Times and Clarington
This Week on February 20 and 27, 2019 to advertise the rescheduled meeting date:
OPEN HOUSE
We are looking for your input on the First
Draft of the Comprehensive Zoning By-law
NEW DATE: Monday, March 4, 4:30 to 8 p.m.
Garnet B. Rickard Recreation Complex
2440 Highway 2, Bowmanville
www.clarington.net/ZoneClarington
ZoneClarington@clarington.net
Please inform us if you have
• :: accessibility needs in order to
$R�I■ attend the meeting.
ZQNEClarington
Attachment 6 to
Report PSD-040-19
Notification Cost Estimate Details
Addressed
Direct Mail
Addressed
Addressed
Letter
Mail to all
Letter (by
Mail Letter to
Mail Letter to
included
Clarington
postal code)
Property
Property
in Final
Property
to all
Owners with
Owners with
Tax Bill
Owners
Clarington
a change in
an increase
Addresses &
EP Land Use
in proposed
Addressed
(Rural only)
EP Zoning
Mail to
(Rural only)
Property
Owners
outside
Clarington
Printing
$3,362
$4,205
$309
$319
$3,362
Cost
Postage
$27,871
$9,122
$2,555
$2,644
N/A
Cost
Total
$31,233
$13,327
$2,864
$2,963
$3,362
Cost
Number of Landowners in Clarington
Area
Number of
Landowners
All rural landowners
5,540
Rural lands affected by proposed reduction to EP zoning
1,012
Rural lands affected by proposed expansion to EP zoning
3,039
Urban landowners
26,704
Total number of Clarington landowners
32,035
Attachment 7 to
Report PSD-040-19
Significant Environmental Features that Comprise
Clarington's Natural Heritage System
In accordance with the Clarington Official Plan (policy 3.4.2), the following natural
heritage features and hydrologically sensitive features comprise the natural heritage
system:
• Natural Heritage Features
• Wetlands;
• Areas of Natural and Scientific Interest;
• Significant Woodlands;
• All significant Valleylands;
• Fish habitat and riparian corridors;
• Habitat of endangered species and threatened species;
• Rare vegetation communities, including sand barrens, savannahs and tallgrass
prairie; and
• Wildlife habitat.
Hydrologically Sensitive Features
• Wetlands;
• Watercourses;
• Seepage areas and springs;
• Groundwater features; and
• Lake Ontario and its littoral zones.
Clarftwn
Attachment 8 to
Report PSD-040-19
Memo
Planning Services Department
If this information is required in an alternate format, please contact the Accessibility
Co-ordinator at 905-623-3379 ext. 2131
To: Mayor and Members of Council
From: Faye Langmaid, Acting Director of Planning Services
Date: August 9, 2019
Subject: ZONE Clarington — Policies requiring buffers to environmental features
File: PLN 40
At a meeting on July 24, 2019 Councillor Neal and Councillor Jones requested a memo
outlining the policies that require buffers for environmental features. In the context of
the draft Zoning By-law, buffers would be the Minimum Vegetation Protection Zone
Overlay and the Environmental Review Area Overlay. The draft Zoning By-law can be
found on our website at www.clarington.net/zoneclarington.
The chart attached outlines all Provincial, Regional and local polices that relate to the
buffers. Links to the documents are provided. The policy term for the Environmental
Review Area is minimum area of influence. Staff will provide discussion on these
policies in the report responding to #PD-104-19 scheduled for the September 30, 2019
Planning and Development Committee meeting.
Should you have any questions, Amy Burke, Tracey Webster, Carlo Pellarin or I would
be happy to respond.
Faye Langmaid
Acting Director of Planning Services
CC' Andrew Allison, CAO
Department Heads
Carlo Pellarin, Manager, Development Review Branch
Amy Burke, Acting Manager, Special Projects Branch
Tracey Webster, Senior Planner, Development Review Branch
I:\^Department\PLN Files\PLN 40 2016-2018 Zoning By -Law Review\Council Reports\MEM_Mayor and Council_re buffers_9'08'19.docx
The Corporation of the Municipality of Clarington
40 Temperance Street, Bowmanville ON L1 C 3A6 1 905-623-3379
Page 12
Attachment 1
Section
Policy
Provincial Policy Statement http://www.mah.gov.on.ca/AssetFactory.aspx?did=10463
2.1.8
Development and site alteration shall not be permitted on
adjacent lands to the natural heritage features and areas
identified in policies 2.1.4, 2.1.5 and 2.1.6 unless the
ecological function of the adjacent land has been evaluated
and it has been demonstrated that there will be no negative
impacts on the natural features or on their ecological
functions.
Greenbelt Plan http://www.mah.gov.on.ca/Pagel3783.aspx
3.2.5.1.
Development or site alteration is not permitted in key
hydrologic features and key natural heritage features within
the Natural Heritage System, including any
associated vegetation protection zone, with the exception of:
a) Forest, fish and wildlife management;
b) Conservation and flood or erosion control projects, but
only if they have been demonstrated to be necessary in
the public interest and after all alternatives have been
considered; or
c) Infrastructure, aggregate, recreational, shoreline
and existing uses, as described by and subject to the
policies of section 4.
3.2.5.4.
In the case of wetlands, seepage areas and springs, fish
habitat, permanent and intermittent
streams, lakes and significant woodlands, the
minimum vegetation protection zone shall be a minimum of
30 metres measured from the outside boundary of the key
natural heritage feature or key hydrologic feature.
3.2.5.5.
A proposal for new development or site alteration within 120
metres of a key natural heritage feature within the Natural
Heritage System or a key hydrologic feature anywhere
within the Protected Countryside requires a natural heritage
evaluation or a hydrological evaluation which identifies
a vegetation protection zone which:
Page 13
a) Is of sufficient width to protect the key natural heritage
feature or key hydrologic feature and its functions from
the impacts of the proposed change and associated
activities that may occur before, during and after
construction and, where possible, restore or enhance the
feature and/or its function; and
b) Is established to achieve and be maintained as natural
self-sustaining vegetation.
3.2.5.7. Notwithstanding section 3.2.5.5, new buildings and
structures for agricultural, agriculture -related or on -farm
diversified uses are not required to undertake a natural
heritage or hydrologic evaluation if a minimum 30
metre vegetation protection zone is provided from a key
natural heritage feature or key hydrologic feature. In
addition, these uses are exempt from the requirement of
establishing a condition of natural self-sustaining
vegetation if the land is and will continue to be used for
agricultural purposes. However, agricultural, agriculture -
related and on -farm diversified uses shall pursue best
management practices to protect and/or restore key natural
heritage features and key hydrologic features and functions.
Oak Ridges Moraine Conservation Plan http://www.mah.gov.on.ca/Pagel3788.aspx
21 1 (1) For the purposes of this Part,
(a) the minimum area of influence that relates to a key
natural heritage feature or a key hydrologic feature
described in Column 2 of the Table to this Part is the
area referred to in the corresponding item in Column
3 of the Table; and
(b) the minimum vegetation protection zone that relates
to a key natural heritage feature or a key hydrologic
feature described in Column 2 of the Table is the
area determined in accordance with the
corresponding item in Column 4 of the Table.
(2) If land falls within more than one key natural heritage
feature or key hydrologic feature described in Column 2
of the Table, the minimum area of influence described in
Column 3 that is the largest and the vegetation protection
zone described in Column 4 that is the largest shall apply
with respect to each feature for the purposes of this Plan.
(3) With respect to land that is in a Settlement Area on April
22, 2002, any provision referred to in subsection (4)
Page 14
prevails, to the extent of any conflict, over clause (1) (b)
and subsection (2).
(4) Subsection (3) applies with respect to a provision of the
applicable official plan or zoning by-laws, as the case
may be, that is adopted on the basis of,
(a) environmental studies; or
(b) infrastructure planning including, without limitation,
environmental assessments, infrastructure servicing
studies and master environmental servicing studies.
(See Attachment 2 for the Table)
22 (2) All development and site alteration with respect to land
within a key natural heritage feature or the related minimum
vegetation protection zone is prohibited, except the
following:
1. Forest, fish, and wildlife management.
2. Conservation and flood or erosion control projects, but
only if they have been demonstrated to be necessary in
the public interest after all alternatives have been
considered.
3. Development of infrastructure in accordance with the
requirements set out in section 41.
4. Low -intensity recreational uses as described in section
37.
5. Any development and site alteration in Countryside Areas
or Settlement Areas that is within the habitat of an
endangered or threatened species, but only if,
it is not prohibited under the Endangered Species Act,
2007 and it complies with any requirements or
restrictions under that Act, and
ii. it is not within any other key natural heritage feature or
the related minimum vegetation protection zone.
6. Agricultural uses other than uses associated with on -farm
buildings and structures, but only with respect to land in
the minimum vegetation protection zone related to a key
natural heritage feature and not in the key natural
heritage feature itself.
Page 15
22 (3)
An application for development or site alteration with respect
to land within the minimum area of influence that relates to a
key natural heritage feature, but outside the key natural
heritage feature itself and the related minimum vegetation
protection zone, shall be accompanied by a natural heritage
evaluation under section 23.
22 (4)
Despite subsection (3), a natural heritage evaluation is not
required in the case of an application relating to the
construction of a new building or structure in the minimum
area of influence of a key natural heritage feature if the
proposed building or structure is for agricultural uses,
agriculture -related uses or on -farm diversified uses and is
located a minimum of 30 metres from the key natural
heritage feature.
22 (5)
Any agricultural uses, agriculture -related uses or on -farm
diversified uses that are carried out in the minimum area of
influence that relates to a key natural heritage feature shall
be carried out in accordance with best management
practices to protect or restore key natural heritage features
and related ecological functions.
26 (2)
All development and site alteration with respect to land
within a key hydrologic feature or the related minimum
vegetation protection zone is prohibited, except the
following-
1 . Forest, fish, and wildlife management.
2. Conservation and flood or erosion control projects, but
only if they are determined to be necessary in the public
interest after all alternatives have been considered.
3. Development of infrastructure in accordance with the
requirements set out in section 41.
4. Low -intensity recreational uses as described in section
37.
5. Agricultural uses other than uses associated with on -farm
buildings and structures, but only with respect to land in
the minimum vegetation protection zone related to a key
hydrologic feature and not in the key hydrologic feature
itself.
26 (3)
An application for development or site alteration with respect
to land within the minimum area of influence that relates to a
key hydrologic feature, but outside the key hydrologic
Page 16
feature itself and the related minimum vegetation protection
zone, shall be accompanied by a hydrological evaluation
under subsection (4).
Region of Durham Official Plan https://www.durham.ca/en/doing-
business/resources/Documents/PI anningandDevelop ment/Official-Plan/2017-Durham-
Regional-Official-Plan-Consolidation.pdf
2.3.14
The general location of key natural heritage and/or
hydrologic features are shown on Schedule 'B' — Map 'B1'.
The individual features and their associated vegetation
protection zones are to be identified and shown in more
detail in area municipal official plans and zoning by-laws.
The location and extent of key natural heritage and/or
hydrologic features may be further confirmed through
appropriate studies such as a watershed plan or an
environmental impact study in accordance with Policy
2.3.43.
2.3.15
Development or site alteration is not permitted in key natural
heritage and/or hydrologic features, including any
associated vegetation protection zone, with the exception of:
a) forest, fish and wildlife management;
b) conservation and flood or erosion control projects
demonstrated to be necessary in the public interest and
after all alternatives have been considered;
c) infrastructure, subject to the policies of the Greenbelt Plan
and this Plan;
d) minor recreational uses such as trails, footbridges and
picnic facilities, and existing uses;
e) agriculture, in accordance with Policies 2.3.18 and 14.5.4;
or
f) aggregate extraction, in accordance with Policies 9D.2.9
and 9D.2.10.
2.3.16
Within Urban Areas and Rural Settlements, the vegetative
protection zone shall be determined through an
environmental impact study, in accordance with Policy
2.3.43. The scope of the environmental impact study for any
development or site alteration shall be determined in
accordance with the Council approved EIS Guideline.
Page 17
2.3.17
Outside of Urban Areas and Rural Settlements, an
environmental impact study, in accordance with Policy
2.3.43, shall be required for any development or site
alteration within 120 metres of a key natural heritage or
hydrologic feature to identify a vegetation protection zone
which:
a) is of sufficient width to protect the feature and its
functions from the impacts of the proposed change and
associated activities that may occur before, during, and
after, construction;
b) where possible, will restore or enhance the feature and/or
its function; and
c) will maintain natural self-sustaining vegetation.
The vegetation protection zone for wetlands, seepage areas
and springs, fish habitat, permanent and intermittent
streams, lakes, and significant woodlands, shall be a
minimum of 30 metres wide, measured from the outside
boundary of the feature.
2.3.18
Notwithstanding any other policies of this Plan to the
contrary, new buildings and structures used for agriculture
within the Greenbelt Natural Heritage System must provide
a 30 metre vegetation protection zone from a key natural
heritage or hydrologic feature. This vegetation protection
zone may consist of natural self-sustaining vegetation or
agricultural crops if the land is, and will continue to be, used
for agricultural purposes. However, best management
practices should be pursued to protect and/or restore key
hydrologic features and functions.
1013.2.6
Development and site alteration shall be prohibited within
key natural heritage features and hydrologically sensitive
features and their related minimum vegetation protection
zone as identified by the Table in Part III of the Oak Ridges
Moraine Conservation Plan. In accordance with the policies
of the Oak Ridges Moraine Conservation Plan, conservation
and resource management, transportation, infrastructure
and utilities and low -intensity recreational uses may be
permitted. Within the portion of the Uxbridge Urban Area
that falls within the Oak Ridges Moraine, the required
minimum vegetation protection zone identified in an
environmental impact study shall prevail.
1013.2.7
An environmental impact study, in accordance with Policy
2.3.43, shall include a natural heritage evaluation and/or a
hydrological evaluation, as detailed in the Oak Ridges
Moraine Conservation Plan where new development or site
alteration is proposed within the minimum area of influence
surrounding a key natural heritage feature and/or a
hydrologically sensitive feature as identified by the Table in
Part III of the Oak Ridges Moraine Conservation Plan. This
evaluation shall:
a) demonstrate that the development and site alteration
applied for will have no adverse effects on the features
and functions of the key natural heritage feature and/or
the hydrologically sensitive feature;
b) identify planning, design and construction practices that
will maintain and, where possible, improve or restore the
health, diversity and size of the key natural heritage
feature and/or hydrologically sensitive feature;
c) in the case of an application relating to land in a Natural
Core Area, Natural Linkage Area or Countryside Area,
demonstrate how connectivity within and between key
natural heritage features and, hydrologically sensitive
features will be maintained and improved during and after
construction;
d) determine whether the minimum vegetation protection
zone is sufficient to protect the features and its functions
and if not, specify whether a greater protection zone is
necessary; and
e) ensure compliance with the requirements of the
Department of Fisheries and Oceans Canada where fish
habitat is of concern.
An environmental impact statement may result in a minimum
vegetation protection zone greater than that specified in the
Table in Part III of the Oak Ridges Moraine Conservation
Plan.
1013.2.9
No new agricultural uses and/or agriculture -related uses
shall be permitted within a key natural heritage feature
and/or a hydrologically sensitive feature and their associated
minimum vegetation protection zone.
10B.2.11
The general location of Areas of Natural and Scientific
Interest (earth science) are shown on Schedule 'B' — Map
'131', Greenbelt Natural Heritage System & Key Natural
Page 19
Heritage and Hydrologic Features. These features may be
identified and shown in more detail in area municipal official
plans and zoning by-laws. An application for development or
site alteration with respect to land in an Area of Natural and
Scientific Interest (earth science) or the related minimum
area of influence shall be accompanied by an earth science
heritage evaluation as outlined in the Oak Ridges Moraine
Conservation Plan.
Clarington Official Plan https://www.clarington.net/en/do-business/resources/Official-
Plan/Clarington-Official-Plan.pdf
3.4.8
Development and site alteration with respect to land within a
natural heritage feature and/or a hydrologically sensitive
feature or within its vegetation protection zone is prohibited,
except the following:
a) Forest, fish and wildlife management;
b) Conservation and flood or erosion control projects, but
only if they have been demonstrated to be necessary in
the public interest after all alternatives have been
considered;
c) Transportation, infrastructure and utilities, but only if the
need for the project has been demonstrated by an
Environmental Assessment, there is no reasonable
alternative, and it is supported by a project specific
Environmental Impact Study; and
d) Low intensity recreation.
3.4.14
Table 3-1 identifies the minimum vegetation protection zone
and the minimum area of influence of identified natural
heritage system features.
(See Attachment 3 for the Table)
3.4.15
An Environmental Impact Study, a Natural Heritage
Evaluation and/or Hydrological Evaluation shall be
undertaken for any development or site alteration proposed
within the minimum area of influence of any natural heritage
feature and/or hydrological sensitive feature identified in
Section 3.4.2, 3.4.3 or 3.4.11 but outside the feature itself
and the related minimum vegetation protection zone
identified in Table 3-1 of this Plan.
3.4.16
The Environmental Impact Study, Natural Heritage
Evaluation and/or Hydrological Evaluation required in
Section 3.4.15 shall determine the vegetation protection
zone based on the sensitivity of the features and ecological
Page 110
functions of the natural heritage system but in no case will
the vegetation protection zone be less than the minimum
vegetation protection zone identified in Table 3-1 of this
Plan.
3.4.17
Notwithstanding Section 3.4.15, and the Minimum
Vegetation Protection Zone identified in the Urban or Rural
Settlement Areas on Table 3-1, the following may apply:
e) Where a significant woodlands is not associated with
and/or adjacent to a hydrologically sensitive feature the
minimum vegetation protection zone may be reduced to
10 metres;
f) Where an in -fill lot is proposed, surrounding development
setbacks shall be considered and a reduced minimum
vegetation protection zone may be considered;
g) In Greenfield Areas, the Minimum Vegetation Protection
Zone may be modified only as a result of physical
constraints of the site; and
h) Any modification to the minimum vegetation protection
zone provided for in this Section must be supported by
the Environmental Impact Study, and provided there is
no net loss on the total area of the Vegetation Protection
Zone.
3.4.18
Notwithstanding Section 3.4.15, the preparation of an
Environmental Impact Study, Natural Heritage Evaluation
and/or Hydrological Evaluation is not required for an
agricultural use, agriculture related use, or on -farm
diversified use building or structure located within 120
metres of a natural heritage feature or hydrologically
sensitive feature, provided the features and their functions
are protected from the impacts of the proposed building or
structure and provided the building or structure is located
outside of the natural heritage system and the minimum
vegetation protection zone.
14.4.3
The extent of the Environmental Protection Area designation
includes a 30 metre vegetation protection zone from the
natural heritage system and hydrologically sensitive features
outside of Urban and Rural Settlement Areas.
(Note: This chart does not include policies from the Growth Plan for the Greater Golden
Horseshoe)
Page 111
Attachment 2 - Oak Ridges Moraine Table
TABLE
Key Natural Heritage Features, Key Hydrologic Features and Areas of Natural and
Scientific Interest (Earth Science): Minimum Areas of Influence and Minimum
Vegetation Protection Zones
Column
Column 2
Column 3
Column 4
1
Item
Feature
Minimum Area of
Minimum Vegetation Protection Zone (21,
Influence 21
23, 26(4), 30 12
1.
Wetlands
All land within 120
All land within 30 metres of any part of feature,
metres of any part of
subject to clause 23 (1) (d) if a natural heritage
feature
evaluation is required
2.
Habitat of
None
None
endangered and
threatened species
3.
Fish habitat
All land within 120
All land within 30 metres of any part of feature,
metres of any part of
subject to clause 23 (1) (d) if a natural heritage
feature
evaluation is required
4.
Areas of natural and
All land within 120
As determined by a natural heritage evaluation
scientific interest (life
metres of any part of
carried out under section 23
science)
feature
5.
Areas of natural and
All land within 50
As determined by an earth science heritage
scientific interest
metres of any part of
evaluation carried out under subsection 30 (12)
(earth science)
feature
6.
Significant
All land within 120
All land within 30 metres of stable top of bank,
valleylands
metres of stable top
subject to clause 23 (1) (d) if a natural heritage
of bank
evaluation is required
7.
Significant
All land within 120
All land within 30 metres of the tree canopy drip
woodlands
metres of any part of
line of the outermost trees within the woodland,
feature
subject to clause 23(1)(d) if a natural heritage
evaluation is required
8.
Significant wildlife
All land within 120
As determined by a natural heritage evaluation
habitat
metres of any part of
carried out under section 23
feature
9.
Sand barrens,
All land within 120
All land within 30 metres of any part of feature,
savannahs and
metres of any part of
subject to clause 23 (1) (d) if a natural heritage
tallgrass prairies
feature
evaluation is required
10.
Kettle lakes
All land within 120
All land within the surface catchment area or
metres of the
within 30 metres of any part of feature,
surface catchment
whichever is greater, subject to clause 26 (4) (c)
area
if a hydrological evaluation is required
11.
Permanent and
All land within 120
All land within 30 metres of meander belt,
intermittent streams
metres of meander
subject to clause 26 (4) (c) and subsection 26
belt
5 if a hydrological evaluation is require
12.
Seepage areas and
All land within 120
All land within 30 metres of any part of feature,
springs
metres of any part of
subject to clause 26 (4) (c) and subsection 26
feature
5 if a hydrological evaluation is re uired
Page 112
Attachment 3 - Clarington Official Plan
Table 3-1
Minimum Areas Of Influence and Minimum Vegetation Protection Zones
Within Urban and
Outside of Urban and
Rural Settlement
Rural Settlement
Natural Heritage
Areas
Areas
Minimum Area
System Features
Minimum
Minimum Vegetation
of Influence
Vegetation
Protection Zone
Protection Zone
Wetlands
30 metres
All land within 30
metres of:
Fish habitat and
riparian corridors
• the outermost
extent of the
Valleylands
natural heritage
feature
• the stable top of
Significant woodlands
Watercourses
15 metres
bank for
Seepage areas and
Valleylands
springs
. the dripline of the
All land within
outermost tree
120 metres of:
within the
woodland
• any part of
the natural
• meander belt
heritage
Habitat of endangered
feature
species and threatened
• stable top
species
of bank for
Valleylands
Areas of natural and
scientific interest (life
As determined by an Environmental Impact
• meander
science)
Study or a Natural Heritage Evaluation in
accordance with Provincial and Federal
belt
Wildlife habitat
requirements.
Rare Vegetation
Communities including;
Sand barrens,
Savannahs and
tallgrass prairies
Areas of Natural and
As determined by an Earth Science Heritage
Scientific Interest (earth
Evaluation
science)
Page 113
Table 3-1
Minimum Areas Of Influence and Minimum Vegetation Protection Zones
Within Urban and
Outside of Urban and
Rural Settlement
Rural Settlement
Natural Heritage
Areas
Areas
Minimum Area
System Features
Minimum
Minimum Vegetation
of Influence
Vegetation
Protection Zone
Protection Zone
Beach/Bluff
As determined by a Geotechnical Evaluation
and/or a Slope Stability Assessment