HomeMy WebLinkAbout2012-006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2012-006
being a By-law to adopt Amendment No. 77 to the Clarington Official Plan
WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, amended, authorizes the
Municipality of Clarington to pass By-laws for the adoption or repeal of Official Plans and
Amendments thereto;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend the Clarington Official Plan to incorporate the requirements and
permissions afforded to the Municipality of Clarington as a result of Bill 51, the Planning
Conservation Land Statute Law Amendment Act, 2006, revisions to the Ontario Heritage Act,
2005 and the Provincial Policy Statement, 2005;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 77 to the Clarington Official Plan being the attached Explanatory
Text and Maps are hereby adopted; and
2. This By-law shall come into force and take effect on the date of the passing hereof.
BY-LAW passed in open session this 26th day of March, 20
Adri'a1 j §tei:�Mayor
Municipal Clerk
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AMENDMENT NO. 77
TO THE CLARINGTON OFFICIAL PLAN
A. PURPOSE OF THIS AMENDMENT
The purpose of this Amendment is to update the policies of the Clarington Official
Plan to incorporate the requirements and permissions afforded to the Municipality
of Clarington as a result of Bill 51, the Planning Conservation Land Statute Law
Amendment Act, 2006, revisions to the Ontario Heritage Act, 2005 and the
Provincial Policy Statement, 2005 coming into effect.
B. LOCATION OF THIS AMENDMENT
This amendment is to be applied to all lands within the Municipality of Clarington.
C. BASIS OF THE AMENDMENT
The Planning and Conservation Land Statute Law Amendment Act, 2006 came
into effect on January 1, 2007 and supplied Ontario municipalities with a number
of additional powers that deal with the land use planning process as well as
Ontario Municipal Board (OMB) appeals. The majority of the changes.to the
Planning Act modify aspects of the land use planning process, provide additional
tools for implementation of provincial policies and give further support to
sustainable development, intensification and redevelopment.
The Ontario Heritage Act, 2005 was amended to strengthen and improve
heritage conservation in Ontario. The changes to the Act affect the Municipality's
ability to prevent demolition and manage heritage conservation resources within
the Planning Process, but have not changed the direction of the policy
framework. The proposed amendments include minor terminology changes
including some revised definitions.
The Durham Region Official Plan, 2009 has been amended to incorporate the
many provisions from the Planning and Conservation Land Statute Law
Amendment Act, 2006 as well as the Provincial Policy Statement (PPS).
D. THE AMENDMENT
Unless otherwise indicated, in the Amendment, newly added text is shown with
underlining, and deleted text is shown with a strike-through.
a) Existing Section 1.1 Introduction, paragraph 4 is hereby amended as follows:
Over the centuries, the pressure of growth has put stress on the natural support
systems - air, soil and water. The loss of the salmon fishery in the 1800's and
the degradation of the fragile soils of the Oak Ridges Moraine early in the 1900's
this ry are examples of both environmental destruction and human
restoration efforts. These events serve as useful signposts of the need for
sustainable settlement patterns.
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b) Existing Section 1.1 Introduction, paragraph 6 is hereby amended as follows:
At the beginning ePA of the 2'Dth 21St century, Clarington is preparing for change
and urbanization. This Official Plan is prepared in the context of our history, our
current needs and the challenges of the future.
c) Existing Section 1.3 Plan Preparation Process is hereby amended by adding the
following paragraphs at the end of the section:
"The Official Plan was adopted in 1996. Since that time, Clarington has
experienced rapid growth. In addition the Provincial government has introduced
major legislation affecting the land use planning process, and the Durham
Regional Official Plan has been amended. The Municipality is required to
conform to the hew Provincial and Regional planning policies.
Clarington's approach to the Official Plan Review was designed to have
continuous implementation throughout the process with several major
amendments to the Official Plan. The Review consisted of the preparation of a
number of Discussion Papers on major topics that highlighted key issues and
suggested direction for the community. Following extensive public consultation,
amendments were incorporated into the Official Plan."
d) Existing Section 2. Basis of the Plan, paragraph 2 is hereby amended as follows:
The Clarington Official Plan is prepared in accordance with The Planning Act, the
Provincial Policy Statement as amended and other relevant Provincial legislation
and Plans and the G- preh°^�get f�incial PEAGY Statern This
Plan and amendments thereto, once approved by Regional Council, will conform
to and implements the provisions of the Durham Regional Official Plan.
e) Existing subsection 4.4.4 is hereby amended as follows:
4.4.4 Within the Oak Ridges Moraine, an application for development or site
alteration within the minimum area of influence that relates to a natural
heritage feature or a hydrologically sensitive feature, but outside the
feature itself and the related minimum vegetation protection zone as
identified in Table 4-1, shall be accompanied by a Natural Heritage
Evaluation and/or a Hydrological Evaluation_. R aGGE) danGe with Con+innc
A /1 3Q it it ^n and it d A 1 of this Plan
Where site specific studies or updated information from the Province
results in refinements to the boundary or extent of a key natural heritage
feature identified on Map D, or its related vegetation protection zone, such
refinement shall not require an amendment to this Plan. However, where
such refinement of the boundary or extent of the feature is proposed for a
wetland, area of natural and scientific interest and/or significant portions of
the habitat of endangered, rare and threatened species, or their related
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minimum vegetation protection zones, then formal confirmation of said
refinement is required from the Province, prior to any development or site
alteration. If an evaluation determines a greater minimum vegetation
protection zone is required than that which is identified in Table 4-1, then
the greater shall be provided.
f) Existing Table 4-1 is hereby amended by deleting the cross references to Sections
4.4.40 h); 4.4.41 c) and d) and 4.4.43.
g) Existing subsection 4.4.9 is hereby amended as follows:
4.4.9 The policies of this Plan shall also apply to any natural heritage feature
which has been identified by the Municipality, the Region, a Conservation
Authority or the Province, but which is not presently shown on Map C or
Map D. Where a natural heritage feature is not identified on Map C or
Map D, it does not necessarily mean that the feature or part thereof may
be developed or altered in any way. Should a natural heritage feature be
identified through the review of a development application and written
notice given to the applicant, the preparation of an Environmental Impact
Study pursuaRt te SeGtiOR 4.4 or a Natural Heritage Evaluation or
Hydrological Evaluation pursuant try Se^ti^ns 4 ,I 40 and 4. shall be
required.
h) Existing subsection 4.4.10 is hereby amended as follows:
4.4.10 Development will not be approved where an Environmental Impact Study,
Natural Heritage Evaluation or a Hydrological Evaluation r+^mnleted in
ann^rr aRGe with Se^ti^ns i( it 39 or it it 4 0 ^r 4 i1 A 1 identifies
unacceptable negative impacts on the natural heritage system.
i) Existing subsection 4.4.22 is hereby amended as follows:
4.4.22 Within the Oak Ridges Moraine, an application for major development with
respect to land in a Landform Conservation Area Category 1 or 2 as
identified on Map E, shall be accompanied by a Landform Conservation
Plan. i,R accerdance with-SeotiGR 4 -42
j) Existing subsection 4.4.35 is hereby amended as follows:
4.4.35 An Environmental Impact Study shall be undertaken for development
applications located on lands within or adjacent to the Lake
BeaGh; any natural heritage feature including the Lake Iroquois Beach
identified on Map C and any natural heritage feature which may exist but
which is not presently identified on Map C but of which notice is given in
accordance with Section 4.4.9. The M ini^inarty in ^ns iltati^n with the
Region of Durham, the Gensenrotien 4utherity anrd Ether agen^iec i Will
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relent and retain qualified pmfe signal expertise to prepare the
F.n�„meRtal irnpaGt Study. The Terms of Reference for the preparation
of the EIS shall be approved by the Municipality in consultation with the
Conservation Authority prior to the preparation of the Environmental
Impact Study. Im agt Stir!„
ImnaGt Studies by qualified eSSi�s_T be-��nTs e of the ct�irJ i shall
be berne by the PfOPOReRt. The Study shall-
a) examine the fUrnntinns of the natural heritage features;
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b) identify the Ignation anrd extent gf natural heritage feats free•
0
ideR ngteRtia rttS not � nrnngced development cm the
t�y-the� �cu-aca crvpnTCrTr-vrrcrr�..
natural heritage features anrd their enninginal fi inntigns•
rd\ identify any lands to he presewerd in their natural state;
irJentify mitigating measures to address the ad-1yerse affents Of
dev nmencnt OR t tlntir;;l heritage features and-their eGGI giGal
fi inntiens e rd t,innit irding sethaGks far eyelepmen ,
idea . , t neten�l far res�^a and/gr greatign gf�.A.9; Jlife
crr ! cc-n- 'rrvrrc� u -rca'crorrcru uTrarrrc
habitat; aRGI
g) examine the numudative imnant of the existing, rd nrepese anrd
k) Existing Section 4.4 Natural Heritage System is hereby amended by deleting
existing subsections 4.4.36 through 4.4.38, by adding a new subsection 4.4.36
as follows and renumbering subsequent sub sections accordingly:
"4.4.36 Where the proponent of an application for development on lands within or
adjacent to any natural heritage feature has submitted an Environmental
Impact Study, a Natural Heritage Evaluation, a Hydrological Evaluation or
any other type of Environmental Study to the Province, the Region or the
Municipality, the Municipality may select and retain qualified consultants to
undertake a peer review of the study to ensure that the Study
requirements are satisfactorily addressed. The expense of the peer
review shall be borne by the proponent. Where appropriate, the
undertaking of the peer review shall be coordinated with the Region."
1) Existing Subsection 4.4.39 is amended as follows
4.4.39 Within the Oak Ridges Moraine, 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
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heritage feature or hydrological sensitive feature but outside the feature
itself and the related minimum vegetation protection zone as identified in
Sections 4.4.2 of this Plan. The minimum area of influence is identified in
Table 4-1 of this Plan. The study shall demGnstFate-how the speGifiG
development would maintain or enhanne the enoloninal integrity of the
professional expertise te prepare the study er peer Feview a study with the
expense h°inn borne by the proponent
Where development or site alteration may be permitted in accordance with
Section 4.5.18 and Section 23.9.2 of this Plan within a natural heritage
feature or hydrological sensitive feature or within the respective minimum
vegetation protection zone, a Natural Heritage Evaluation and/or
Hydrological Evaluation shall be undertaken. in AE nG8 with the
above
m) Existing Subsection 4.4.40 is deleted in its entirety.
4.4.49 lR ac-seFdaRGe with SeEti .39r a Natural Heritage-Evalatien for any
ndeeVei p1-}El t GF site-alteFa ep within the Oak Ridges Moraine shall'
nity of the proposed development site•
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b) provide a ' re s, Ney of wildlife use of prep
r-�repva°cd
eleyelnpmenf and arlianenf lands;
,
,
OR the natural heritage feat Tres•
,
d) identify Iands where ferest ooyer sheuld he preserved or enhanned•
,
e) deFnGRstFate that the de��iepment or site afteFation applied feF will
have no adverse effeots nn the natuFal heritage featuFes or on their
eonleginal frrnnfinns•
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and, whe ihlnproye nr resteethe-healthm, diversity andd size
heritage features;
featrrrem be maintained and, where pessihIe, imprnve do�stvi°
before, during Ater G RStrU"cvn,r
Z9Re as p eGifed in Tale ! 1 Gf rthis Plan smiGent, it Rot
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...,,evemeRt eF resteFatiE)R of natum!self sustaining vegetation WithiR it",
i-i)Snerify the need for and dimonoinns of a minimum vegetation
PFG)t eta} ere Tab-lre 4 1 of r this Plan roes not idenr t,fy c ho
the maintenaRG and, wheFe pessible, iMpFeVeFn6Rt r restoration of
natuFal self sustaining vegetation within it;
j) iR the Gase of a natuFal heFitage featwFe that is fish habitat, eRsuFe
U1 in the Gale a
of°i zife-dc-ie rGe ANSI identifieditt Table 4 1, the basis en
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type,seml slepe Glass and vegetation type, using Griteria established by
the GGyernment of Ontario amended as amenerd from time to time
n) Existing subsection 4.4.41 is deleted in its entirety.
4.4.41 lR aGGeFdaRGe with SeGtiGn 4.4.39, a ,HYdFE)lGgiGaI Fivaluatk)R shall alse be
MeraiRe This evaluation Shall.•
a) deMeRStFate that the development E)r site akeFatiep will have Re
ai-hierse effenfs On the hydroloninally sensitive Feature or en the
anRwhp�gpssihle improve or restore the health diversity and size of
the hyrdrolegi alheenssitive feature•
G determine whether the minisman vegeetatir'TVR pmteGtien Lnnee whose
rdim ore speoifierd in Table 4 1 is s„ffinient anrd if it is net
arr-rref�S�B-FlS arc�pern'rca-rn-ras�TC-r 'r-r.�-vvn'rarcn',�a'r'ra-rr-rrr�-rrc�'c
PFE)teEt;en zone and previde fer the rmaaintenanGe and, There pf)ssrbic_
irrmpFE)yement er restoration of natuFal self_sustaining ,i getafion within
it; a d
d) in the Gase of permanent and intermittent streams, and seepage areas
and springs as identified in Table 4 1, the basis cR rvv 'Gh + �
determination anrd speoifiGOtien mentioned in subsection G) abode is
dene shall inGlude, witheut limitatien, an analysis ef land use, seil type
and slope Glass, Griteria established by the Government of
,
Qntarin as amended from time to time
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o) Existing subsection 4.4.42 is deleted-in its entirety.
4.4.42 Li ndform Goser.,atfon PlaR shall
a) one eF mere maps shewingL
GhaFaGter-ef the site, vVifhm an interval RGt mere than tcvv-e-rMetFes
aRal sib- site by clone type (for example medeFato nr stoop\
sigpifioanf landform featuFes sUnh as ravines and ridges
all water be dies inolUrding intermittent streams and nonrls
iRG g
• retention of significant lanrdform features in an open, i Rdisti rrherd
fGF4 P
• road alignment and b uilydiRg nlaGement to minimize rrrarding
Fern iirements
• GenGentratien of 61evCf en Of the cite that ere not
use of iRReyative building decigR to minimize gFadinn rervi iiremento
•• use of selective grading tenhnigi des
p) Existing 4.4.43 shall be amended as follows:
4.4.43 Within the Oak Ridges Moraine, 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_ +
s;q that will ensure
protection of the geological or geomornhological attributes for which
the area Of Ratural and scientific interest was identified; anrd
on necifie the rdimensinns of that -gone an'rl pFeyirdes for the
maiRteRanGe and, mere pessihle improvement nr restoration of
natural elf sustaining vegetation within it
q) Existing Section 5.3 Policies are hereby amended by adding a new sub-title
"Municipal Finances" after Policy 5.3.7
r) Existing subsection 5.3.8 is hereby amended as follows:
5.3.8 A Financial Impact Analysis may be required to evaluate the impact of the
proposed development on the operating and capital budget of the
Municipality. The Financial Impact Analysis shall also consider the impact
on the development charge project sequencing and priorities, and on the
multi-year budget and long term financial plans of the Municipality. T-tie
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. The Municipality shall select and retain
qualified professional expertise to undertake a Financial Impact Analysis
such a study but with the expense of the study shall to be borne by the
proponent. Where such an analysis demonstrates that the development
will have an adverse effect on the Municipality's financial situation, then
the development will be considered to be premature and contrary to the
intent of this Plan.
s) Existing Section 5 Growth Management is amended by adding a new Subsection
5A Urban Design as follows:
"5A. URBAN DESIGN
The Municipality of Clarington is committed to excellence in the design of
public spaces and in the design of public and private buildings. Urban
design provides the context for the way in which people interact with the
built environment— streets, blocks, buildings and open spaces. Good
urban design creates a comfortable environment for residents and
establishes a positive image for our community.
5A.1 GOAL
To create a built environment that celebrates the history and character of
Clarington, fosters a sense of place for neighbourhoods and communities,
promotes a positive image of the Municipality, and enhances the well-
being of residents.
5A.2 OBJECTIVES
5A.2.1 To create a high quality public realm and image for the Municipality in all
land uses.
5A.2.3 To create neighbourhoods that give priority to sustainable design,
including environment-first principles, walkability, land efficiency, compact
and connected communities and resource and energy efficiency.
5A.2.4 To create attractive safe communities with a sense of place and a diversity
of built form that supports future intensification and redevelopment.
5A.2.5 To create a built environment that gives priorit V to walkable design and
facilitates an active transportation system including walking, biking and
public transit.
5A.2.6 To utilize the principle of universal design to create a built environment that
is accessible for all residents.
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5A.2.7 To design buildings and space that do not negatively impact adjacent
buildings or detract from the specific identity or character of an area.
5A.3 THE PUBLIC REALM
The public realm is the most highly visible portion of our community. It
comprises public streets, sidewalks, parks and publicly accessible open
spaces, trails and paths, rights-of-way, public buildings and civic facilities.
5A.3.1 Public streets and rights-of-way are considered significant public places.
Their design should reflect the multiple roles and functions by ensuring
that:
a) they accommodate a variety of transportation functions, including
walking, transit, driving, and cycling;
b) street trees and landscaping provide protection for pedestrians and
enhance the attractiveness of the street;
c) utilities and services will be located below grade to the greatest extent
possible. Where this is not possible, transformers and similar
equipment will be screened or located within buildings;
d). in Town and Village Centres, the streets' function as a gathering place
is recognized by providing pedestrian amenities such as wide planted
boulevards, attractive street furniture and-"character of place" street
lighting; and
e) they accommodate street furniture appropriate to the character of the
area.
5A.3.2 Public streets will be designed to provide an interconnected grid-like
pattern of streets and blocks that are walkable and flexible by:
a) having consideration for natural features and terrain;
b) limiting the length of streets and blocks to assist with pedestrian and
bicycle circulation;
c) maximizing the number of street connections to arterial roads;
d) designing streets that are safe for cyclists;
e) having a convenient system of sidewalks;
f) limiting window streets and avoiding cul-de-sacs and street-to-street
walkways; and
g) not incorporating measures to restrict access and circulation through
neighbourhoods.
5A.3.3 Public art is a distinguishing part of our public history and our evolving
culture. It reflects and adds meaning to our communities. The Municipality
will support:
a) the incorporation of public art as part of public facilities;
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b) the integration of public art in new development, particularly Town and
Village Centres; and
c) public art that reflects on the community character and cultural
heritage.
5A.3.4 Public buildings, facilities and spaces are an important part of a
community. They accommodate and facilitate the delivery of public
services and enhance the quality of the urban structure and its public
spaces. Generally public buildings shall;
a) be located on prominent sites such as terminal vistas or areas with
high visibility view corridors;
b) be located centrally to the area they service, such as a neighbourhood;
c) have significant street frontage and high quality landscaping;
d) be oriented to the street incorporating massing, detailing and entrance
features that support its importance to the community
e) set an example in architectural and sustainable design.
5A.3.5 Gateways are key locations that are to be designed to serve as landmarks
highlighting the arrival off Highway 401, entrance into a Town or Village
Centre, or a transition from the rural to urban or hamlet area. They may
also be prominent intersections as defined in Section 5A.4.6. Gateways
shall:
a) include design features such as specialized landscaping, low walls,
lighting signage and architectural elements, and upgraded pavement
treatment; and
b) Recognize that the primary focus of a gateway is oriented to vehicles
with the exception of entrances to Town or Village Centres, where
pedestrian features are desirable.
5A.4 BUILT FORM
5A.4.1 Existing Neighbourhoods
New development and redevelopment in established neighbourhoods will
be designed to:
a) respect and reinforce the physical character of the established
neighbourhood having regard to the pattern of lots, streets and blocks,
the size and configuration of lots, building types of nearby properties,
the height and scale of buildings and the setback of buildings from the
street, rear and side yards;
b) in neighbourhoods of historical character, be consistent with the built
form pattern of the area;
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5A.4.2 New Neighbourhoods
New development and emerging neighbourhoods will be designed to:
a) create a distinct neighbourhood identity;
b) have an appropriate built form and design as determined through a
comprehensive Secondary Planning processes having regard for the
overall community character. Where a previous Neighbourhood
Design Process was undertaken, guidance will be provided through
Community.Theme and Design Plans;
c) address the Municipality's General Architectural Design Guidelines or
any neighbourhood specific Architectural Design Guidelines; and
d) provide for a variety of housing type and supportive land uses,
including commercial and community facilities.
5A.4.3 Centres Corridors and Intensification Areas
Development in Centres, Corridors and Intensification Areas will be
designed to:
a) have buildings sited near the street line to contribute to a sense of
enclosure and a strong street edge;
b) recognize the historic context;
c) locate main.building entrances that are visible and directly accessible
from the public sidewalk of the main street;
d) provide active ground floor uses and avoid blank fagades;
e) enhance the built environment with attention to massing, building
articulation, architectural detail, the use of local materials and styles;
f) enhance the pedestrian environment with awnings, pedestrian scale
lighting, landscaping, benches and other street amenities;
g) provide transitions in scale to areas of lower density;
h) provide for adequate light and privacy for the occupants of new
development and the occupants of adjacent properties;
i) minimize adverse shadow and wind impacts on neighbouring
properties or the public realms areas; and
j) enclose or screen roof top mechanicals, including the incorporation
telecommunications equipment within the building.
5AAA Employment Areas
Employment Areas will be designed to:
a) provide for the highest quality and larger-sized building along Highway
401 with no outdoor storage permitted;
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b) maximize the placement of buildings along the frontage of lots facing
public streets while minimizing surface parking at the front of any
buildin
c) buffer and screen any surface parking area visible from the street; and
d) buffer and screen any outdoor storage areas, where permitted,
through the use of setbacks, berms, landscaping and fencing.
5A.4.5 Drive Throughs
The following policies shall apply to the development of drive-through
facilities where they are permitted:
a any drive-through facility must be located on a lot sufficiently sized to
accommodate all activities associated with the drive-through facility;
b) all buildings containing drive-through facilities shall be oriented to the
Primary street frontage. No portion of the stacking lane and no parking
spaces or drive aisle shall be located within the setback area;
c) drive-through facilities shall be sufficiently separated from residential
uses to avoid issues of land use compatibility;
d) a drive-through facility will have sufficient dedicated stacking lane to
prevent vehicles from interfering with on-site and off-site vehicular
circulation; and
e) any additional policies as may be contained in Secondary Plans.
Subsection b) does not apply to lands designated Highway Commercial.
5A.4.6 Prominent Intersections
Prominent intersections in the Municipality are identified on Table 5A-1.
Additional prominent intersections may be identified through Secondary
Plans. Prominent intersections may also be gateways. At prominent
intersections, buildings shall be designed to provide a community focal
point by having:
a) massing and height sufficient to emphasize the significance of the
intersection;
b) high quality building materials and building articulation on both street
frontages;
c) significant areas of transparent glass ;
d) special architectural elements such as the corner design, massing and
height, awnings, and entrance door features;
e) the main public entrance located at the corner; and
f) landscaping, street furniture and where appropriate, public art -
elements to complement the intersection and the building design.
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Table 5A-1
Prominent Intersections
Courtice Newcastle
Durham Hwy. 2 and Townline Road King Ave. West and Baldwin Street/North Street
Durham Hwy. 2 and Trulls Road Kinq Ave. East/King Ave. West and Mill Street
Bloor Street and Townline Road Durham Hwy. 2 and Brookhouse Drive/Arthur Street
Bloor Street and Trulls Road Durham Hw . 2 /Kin Ave. West and Rudell Road
Bloor Street and Courtice Road
Bowmanville
Durham Hwy. 2 and Boswell Drive Libertv Street and Baseline Road
Durham Hwy. 2 and Martin Road/Durham Baseline Road and Durham Regional Road 57
Regional Road 57
King Street West and Scugog Street Longworth Avenue and Liberty Street
King Street East/King Street West and Longworth Avenue and Scugog Street
Temperance Street
King Street East and Libert Street Durham Hwy. 2 and Bennett Road
Durham Hwy. 2 and Lambs Road
5A.4.7 Signage
Signage is recognized as an integral component of good community
design and image. Signage shall:
a) be designed and scaled to complement the built urban form and
character and will not dominate the streetscape;
b) be incorporated into the building wherever possible;
c) not unduly detract from the overall visual attractiveness of the built
environment; and
d) contribute to promote the image of special character areas such as
historic downtowns.
5A.5 SUSTAINABLE DESIGN
Clarington will seek to become a more sustainable community that
minimizes the consumption of energy and resources and lessons the
impacts of residents on the natural environment. To this end, the
Municipality will:
a) promote energy efficiency and conservation corporately and in new
development;
b) promote mixed land uses at higher densities to efficiently utilize existing
infrastructure;
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c) promote the integration of transit into the early stages of new
development; and
d) implement green development standards incorporating energy
efficiency, water conservation, enhanced indoor air guality, use of non-
toxic and recycled content building products, renewable enerq_y
sources, green roofs, landscaping and tree planting programs and low
energy appliances.
5A.6 IMPLEMENTATION
5A.6.1 Urban design policies will be further elaborated through:
a) urban design policies in other sections of the Official Plan;
b) urban design policies in Secondary Plans;
c) urban design guidelines adopted in relation to Secondary Plans;
d) urban design briefs and guidelines on specific topics/sites (i.e.
landscape, lighting);
e) the zoning by-law (site and building performance standards); and
f) the sign by-law, as.amended.
5A.6.2 Urban Design policies have equal value to land use policies and any other
Policy in this plan. Both land use and urban design policies must be
considered in the interpretation of the context of the site and building.
5A.6.3 The policies contained in this chapter are intended to provide guidance for
all types of development. For specific design requirements for residential,
commercial and industrial developments refer to:
a) Chapter 9 Residential Neighbourhoods;
b) Chapter 10 Town and Village Centres; and
c) Chapter 11 Employment Areas.
t) Existing subsection 8.1.1 Goal is hereby amended as follows:
8.1.1 To promote a culture of conservation that will support cultural
achievements, foster civic pride, strengthen the local economy and
enhance the quality of life for Clarington residents .in the conservation
proseNation, restoration and utilization of the Municipality's cultural
heritage resources.
u) Existing subsection 8.2.1 is hereby amended as follows:
8.2.1 To encourage the conservation, protection and maintenance of^^tee
and enhan^° cultural heritage resources including:
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• structures, sites and streetscapes of cultural, historic and/or
architectural significance
• significant archaeological and historic resources
• significant landscapes, vistas and ridge-lines
v) Existing subsection 8.3.1 is hereby amended by as follows:
8.3.1 The Municipality, with the advice and assistance of the Clarington
Heritage Committee (CHC) will shall:
a) prepare and maintain a list an in„on+on, of cultural heritage resources;
b) add properties of cultural heritage value or interest to the Municipal
Register as appropriate s upport the oonsewati„n of heritage Fese irnoc
listed in girl invon�nnr
c) designate any such cultural heritage resource pursuant to the Ontario
Heritage Act;
d) identify and consider designation of cultural heritage landscapes or
portions thereof identified in Section 8.3.6; identify o designate-a
gFe p or groups of heritage properties as a Heritage Genseryatien
District-9he�it^ge zeno QEGGrdaRGe with QoCfinn 8.3.6, -'-i i� rnr 9
e) assist property owners in obtaining funding for cultural heritage
resource conservation projects; and
rover the �+inn of rese pees n—e aT�ueG!c) i�yuiac
p r i aRt to the Ontario Heritage Ant; and "" "�
ff) undertake the periodic review of the Clarington Heritage Committee's
structure and mandate.
w) Existing subsection 8.3.2 is hereby amended as follows:
8.3.2 Where a cultural heritage resource c+r„Gf„ro or distFiGtl is designated under
the Ontario Heritage Act or a St y is recognized on the cultural
heritage resources list, the Municipality wH4 shall:
a) allow alterations, renovations, additions or repairs provided the
proposed changes are compatible and consistent with the building and
the surrounding area in terms of building materials, colour, height,
scale and design.including windows, doors and roof lines;
b) discourage the demolition or the inappropriate alteration of a cultural
heritage resource;
c) require infill buildings to be compatible and consistent with the
surrounding buildings and streetscape in terms of building materials,
height, width, scale, colour, setback and design including windows,
doors and roof lines;
16
d) prepare urban design guidelines governing the alteration, development
or redevelopment of districts or neighbourhoods; aid
e) consider the conservation of cultural heritage resources soh
ctrl into gyres and Ianrlonapec in the placement or modification to
infrastructure.
x) Existing subsection 8.3.3 is hereby amended as follows:
8.3.3 Wherever possible, built heritage resources stru es should be retained
for the original use and in their original location. Where the original uses
cannot be maintained, the adaptive reuse of built heritage resources
°try,des will be supported. If no other alternative exists for maintaining
structures in their original location, consideration may be given fer to the
relocation of the structure.
Y) Existing subsection 8.3.4 is hereby deleted and replaced with a new subsection
8.3.4, as follows:
"8.3.4 Development and site alteration may be permitted on lands adjacent to a
protected heritage resource where the proposed development and site
alteration has been evaluated through a Cultural Heritage Resource
Impact Assessment and it has been demonstrated that the heritage
attributes of the protected heritage property will be conserved. Mitigative
measures and/or alternative-development approaches may be required in
order to conserve the heritage attributes of the protected heritage property
affected by the adjacent development or site alteration."
Z) Existing subsection 8.3.5 is hereby amended as follows:
8.3.5 In achieving its cultural heritage objectives, the Municipality W&shall:
a) promote public awareness and appreciation of cultural heritage
resources;
b) encourage the private sector to support the conservation of cultural
heritage resources;
c) support and promote the Clarington Museums and Archives
d) restore, rehabilitate, enhance and maintain Municipally-owned cultural
heritage resources pFOPertieS;
e) among the Demolition Cc)ntrnl By law to implement the PeIiG26S of this
PaR witheGt te heritage stFu^tue encourage the salvage of
architectural features and the documentation of the cultural heritage
resource in the event that demolition is inevitable; and
f) consider, in co-operation with the development industry, the
development of a heritage subdivision to accommodate the relocation
17
of heritage structures which cannot be incorporated into new
developments.
aa) Existing subsection 8.3.6 is deleted in its entirety and replaced with the following:
"8.3.6 The Municipality has identified the following cultural heritage landscapes
of importance which have been or may be considered for heritage
conservation districts:
a) Beech Avenue Heritage Conservation District, Bowmanville;
b) Heritage downtowns of Bowmanville, Newcastle and Orono;
c) Old Bowmanville (North Ward);
d) Old Bowmanville(South Ward);
e) Old Newcastle Village (Highway 401 to downtown);
f) Old Newcastle Village (downtown to CPR
g) Camp 30 - Boys Training School, Bowmanville; and
h) Hamlets of Enniskillen, Hampton, Newtonville and Tyrone"
bb) . Existing subsection 8.3.7 is hereby deleted and the subsequent subsections are
renumbered accordingly.
8.3.7 The MUROG'Pality Will undertake a study te ideRtify s�gpifiGant ,
identify si soh areas affented by an annlioa+inn
cc) Existing subsection 8.3.8 is hereby amended as follows:
8.3.8 Where development will cause an impact to archaeological resources or
areas of archaeological potential, an archaeological assessment will take
place in accordance with provincial guidelines. Development and site
alteration shall only be permitted on lands containing archaeological
resources or areas of archaeological potential if the significant
archaeological resources have been conserved by SignifiGaR
arGhaeQl�+Cal rrreseUF�-that are IGGat°ed-'�'Onr the Site of aRy propno°
development will he nonsenied through eith e r preservation on-site or by
removal and documentation., er nresewati„n nn_of+°. Where significant
archaeological resources must be preserved on site, only development
and site alteration ,which maintains the heritage integrity of the site may be
the
permitted. , to satsfaG n of the MunTninolity and the PFeyiinGe. The
nrnnnnent is required to oonsult with First Nations peoples when hl lman
remains are disGevered that are believed to be of native origin
dd) Existing subsections 9.3.4 and 9.3.5 are hereby amended as follows:
Q
18
9.3.4 The predominant use of lands designated Urban Residential within each
neighboWheed shall be for housing purposes. Other uses may be
permitted which by the nature of their activity, scale and design are
supportive of, compatible with and serve residential uses. These include
Gv;-er convenience stores, home-based occupation uses, parks, schools,
and community facilities. Parks, schools, and community facilities shall be
permitted in accordance with Section 18 of this Plan.
9.3.5 fir-Convenience stores may be permitted in Residential areas
including the establishment of such uses on the ground floor of a multiple
unit residential building. A rezoning application shall be evaluated based
on the following criteria:
a) the store contains no more than 500 250 square metres of gross
leasable retail floor area;
b) the store provides a limited variety of items of daily necessity, or
services that serve the surrounding residents;
c) the store does not have direct access to a Type A or Type B arterial
road; and
d) parking shall be located at the side or rear of the building.
ee) Existing subsection 10.3.5 is hereby deleted in its entirety and the subsequent
subsections are renumbered accordingly.
•image. It is mi rnioinal noliGy that
a) the design and GGale e""gnage hall oomnlement rather than
dominate the lanrdsGane•
wherever pessihle•
G) it will not unduly detraGt from he eyerall visual attraotiVeness cf the
; and
d) it will he designed and Innated se as not to he hazaFdG is for either
pedestrians or motorists
Mere speGifiG guidaRGe regarding signage shall be provided through urban
n nolioias and M iniGinality's Sinn By layer Speoial sig ary
de&If�n-P°'T-T`�uncr- crFsccrrc�.r`�T'9r'-vy-
areas of the M unioinality
ff) Existing subsections 10.4.5 and 10.4.6 are deleted in their entirety.
10.4.5 Town and Village G8RtFes shall be developed in aGGE)FdaRGe with the
19
a) a gpi.d system E)f streets and walkways- shall be iRGerpeFated te fulfil
vehio111ar and pedestrian reel firements and to funotion as planes of
vvo Gial i7cec'rr-G'^cciorn-r,
h\ an integrated and diverse mix of uses shall be planned and developed•
•u and u�v v1vNv
G) aGCT"Ge J1i"ee life 08 I.+-TI'^nG�'QTQged TGI-Ileugh the PTVPTSTOTi-`ol FRWRiGipal
patios,
1
(Ventres and will ho enhan^odl thrgugh development Whi^h is human in
v�r,-c,-��,-ra--vv-rrrp,� �.,..,.may.. development ......,.. ,�, .....�...,..
saGale h1fildings of high-aFGh cc^c-cainl quality, grade evell doem and
WiRdews and the provision of street hon^hoo aWmiRgS pedestFiaR
Gale lighting and sfroetsc-ape amenities•
1 1
e) buildings wall be sited tG provide a GE)RtORLIGIAS faGade te defiRe the
the street and to provide a sense of enolosllre;
�P.�'�C.-r.. street and -- provide -- oc%1�c o1 c%lci ci�crrc
deveiepment within histori^ deWRtGWR areas chef ld r_omplomon�
��'crsr ting buildings, have GGnsisteRt height, se Gk, fIo—r oor-and i
r -oei ii `g
level arrangement and height of WindOWS and h1 filding materials;
g\ deftelo ngenf of a transit supportive environment inGlUd_i_nn
consideration of the reel firementc of Ce^tien 1 Q Q• and
v�ri��crctcrvrrvrmv—t•-c�a�rrcmc�-nvvro c�..�....1 1 .......,, �.,...,
h) publiG safety will be enhaRGed in the design and Siting of buildiRgs and
nl lblic even spaces to provide visibility, easy access multiple rot rtes,
and 1 rnobstrl lasted views from treets and buildings.
I Irh n design nrincinles will he further elaberated through the Urban
de inn Policy fGF Specific TGWR and Village (Ventres as set eut in Seetlen
10.4.6 of the Gial Plan and Qe^ondary Pans (lef,elnnmenf shall
r+emnlY with area specific 1lrban design guidelines
i 0.4.6 IR TOWR E)F Village GeRtF86 where detailed urban de-",'. 'shave
net been prepared the urban design principles of 10.4.5 and the following
appreval of
for pede mans wherever nessible•
wherever possible;
G) land use GGmpatibility between GE)MMeFG;al residential buildiRgS and
GOMMunity use shall be aGhieved through appropriate building siting-,
design and landscape treatment;
d) hagh quality landsGape treatment shall be provided with paFtiGUla
regard toGreeR g narking areas visible oottrhTe street nroViding shade
for pedestrians and mitigating heat island effort
20
e) buildiRg form and SitiRg shrill minimize he ef noise, Ann a
shadows and shall enhaRGe views E)f landmark e parks and
fl lightiRg imnar+ts will be minimize d•
n\ eRergy effiniont design and oriontatien whinh maximizes the uco of
,
h) refuse GelleGtieR areas will be 'Rternal to buildings whepever pe-s-sible-
the PFiRGipal building Gn the 0
i\ 'Gadinn areas anrd refuse nnllontion areas shall be i nohtrusiv
aRtiGipated RGiSe impaGtS will be mitigated, the areas will be SGFeeRed
�n
wheFe neG8saF ^I'
• 's' � geReFally'-be lGGated-at the-'side-e the ea-r
of the b iilydlnr .
e
i\ nn noon sterage is permi#ed
0
possible.
gg) Existing subsection 10.4.7 is hereby amended as follows:
10.4.7 Drive-through facilities are not desirable in Town and Village Centres.
Drive-through facilities will be prohibited in certain areas and appropriately
regulated in other areas to minimize impacts on roads and the pedestrian
environment, to ensure compatibility with adjacent uses and to achieve the
built-form objectives of this Plan and the Secondary Plans. The fellewip'g
�i�-s shall apply to t�ev nmenfcrt of dFive ti li ugh fun'l ::there
they aFe permi#ed
a) aRy drive through faGility must be IGGated en a let suffiGiently sized te
I . iar stFeelt f o NG'PGFtiGR of the staGkiRg lane and nn parkirR
,spanos er drive aisle shall be-leGated withiR the setbaGk .,
\moo through shall be sl #iniontly separated from
rosidentir+l us os to aVGird issues es of laR d use GOMpatihility;
rc.�a cr-rcrcli-- r .T��--crvvrci-r�sJac�--v�--rCtr rct-a-.c- N�.�.......�y,
prevent vehFnss fFOrn RtepfeFiRg with en site and e# site � eham'GulaT
e
\ aRy additional r.nlinies as may be nnntoine d in SeGendapy Plans."
hh) Existing subsection 10.4 Town and Village Centres is hereby amended by adding
the following subsections:
21
10.4.9 Urban Design
10.4.9.1 Town and Village Centres shall be developed in accordance with the
following urban design goals:
a) to provide an integrated and diverse mix of uses;
b) to encourage an active street life through the provision of municipal
squares, pocket parkettes, street-related buildings, outdoor patios,
possible outdoor display and selling areas, and other amenities;
c) to develop a transit supportive environment; and
d) to establish a grid system of streets and walkways to fulfil vehicular
and pedestrian requirements and to function as places of social
interaction;
10.4.9.2 In Town or Village Centres the following urban design policies shall be
implemented through the review and approval of development
applications:
a) buildings shall be street-front oriented and provide direct street access
for pedestrians;
b) buildings shall be designed to create a pedestrian-scale environment,
and promote active and comfortable streetscapes and edges through
the inclusion of entrance elements windows articulated wall areas and
roofs;
c) building form and location shall minimize the impacts of noise, wind
and shadows and shall enhance views of landmark buildings, parks
and open space;
d) the mass and height of buildings shall be mitigated through the
stepping back of upper floors to allow for sunlight penetration on
adiacent streets and properties, and to create more pedestrian
oriented streetscapes;
e) the development of street facades with identical-building height and
blank, uninterrupted wall surfaces shall be prohibited;
f) high quality landscape treatment shall be provided with particular
regard to screening parking areas visible to the street, providing shade
for pedestrians and mitigating heat island effects;
g) common vehicular access and internal circulation including service
lanes connecting abutting properties shall be provided wherever
possible; and
h) for sites with frontages on more than one street, the public entrance
shall be oriented toward the street with the greatest pedestrian activity,
or in the case of a corner site the entrance shall face the intersection."
ii)- Existing subsection 10.6 Neighbourhood Centres is hereby amended as follows:
22
10.6.4 In the review of development applications, the following site development
aR-d urban design sri#eF+a olp icies will be implemented:
a) a floor space index for retail uses on any site not exceeding 0.30;
b) a maximum combined floor space index of 0.50 where there are
second storey office or residential uses;
c) with the exception of a grocery store/supermarket, a maximum of 500
square metres of gross leasable floor area for any individual store;
d) street-related building forms are preferred but as a minimum direct
pedestrian access will be provided from the street to some stores
within 4 m of the streetline;
e) compliance with Semi°n 10.4.6 b) t„ i) applicable provisions contained
in Chapter 5A Urban Design and subsection 10.4.9.2; and
f) provision of a public square in accordance with subsections 10.6.5 and
10.6.6.
jj) Existing subsection 10.8.2 Highway Commercial Districts shall amended as
follows:
10.8.2 Highway Commercial Districts shall be developed in accordance with the
following urban design goals grin :
a) to promote a variety of urban forms including plazas, free-
standing stores, and mixed use buildings;
b) to create a consistent_Gy4 building setbacks from the road and a
harmonious architectural style should he ar.hie„ed;
c) to support an automobile-oriented environment is antiGinat requiring
efficient and safe traffic circulation through:
• road improvements such as turning lanes;
• consolidation of vehicular access points;
• provision of common internal traffic circulation between parcels;
and
d) to provide safe, well-defined pedestrian walkways sheuld be provided
from the street to the store entrance, and between buildings.
kk) Existing subsection 10.8.3 is hereby amended as follows:
10.8.3
Highway Commercial Districts shall be developed in accordance with the
following urban design policies: in Semi°n 10.8.2 and the fr,IIGWiRg site
development nriteria shall he implemented:
a) a floor space index for any development not exceeding 0.30;
23
b) sufficient and convenient parking with surface parking lots partially
screened through the use of effective buffer planting;
c) safe, efficient road access to the site and/or integration of traffic access
with other sites;
d) the planting of trees throughout the parking areas to reduce the urban
heat island effect;
e) the location and design of outdoor,storage and display areas to be
visually acceptable and generally screened from the road and freeway
frontage; and -
f). GeFnpliaRGe with the provisions of 10.9.4.2 10.4.6 G) t9 i�
II) Existing subsection 10.9.4 is hereby amended as follows:
10.9.4 Service stations will be designed in accordance with the following urban
design policies: G9%idepatien°:
a) a high quality architectural design, landscape treatment and fencing
with particular attention to corner treatment;
b) lots should be sufficiently large to accommodate the proposed uses
and provide appropriate buffers to adjacent uses;
c) access points to each site shall be limited in number and shall not
impede traffic flows. Internal access to adjacent commercial properties
shall be provided wherever possible;
d) convenience retail uses shall be sensitively designed to the context,
have high quality finishes facing the street, generally have less than
250 square metres of floor area, be sited on the street corner; and in
urban areas provide direct pedestrian access from the sidewalk;
e) ancillary drive-through facilities are prohibited in Town and Village
Centres and in all other areas will be sufficiently separated from
residential uses;
garbage will be onGOMFne aced internally er within a separate and fully
0
f g)fencing, landscaping and architectural treatments, and other
appropriate measures will be used to mitigate any noise impacts
identified by a noise study; and
g h) signage shall be minimized; a44d
mm) Existing subsection 11.3.1 is hereby amended as follows:
-11.3.1 Employment Areas consist of Prestige Employment Areas, Light Industrial
Areas,a-nd General Industrial Areas and Business Parks as designated on
Map A.
24
nn) Existing subsection 11.3.2 is hereby amended by adding a new section h) which
shall read as follows:
h) no auto-auction facility, auto wreckers, asphalt/ready mix facilities shall
be permitted unless they are located on a parcel of land less than 2 ha
in size.
oo) Existing subsection 11.3 is hereby amended by adding the following subsections:
11.3.3 The conversion of lands within an employment area to a non-employment
use shall only be permitted during the five-year Official Plan review, or at
any time the Municipality undertakes a comprehensive review of
employment areas.
11.3.4 Council may permit the conversion of lands within employment areas to a
non-employment use only where it has been demonstrated, to the
satisfaction of Council, that:
a) the land is not required for employment purposes over the long term;
b) there is need for the conversion;
c) there is existing or planned infrastructure to accommodate the
proposed conversion;
d) the conversion will not adversely affect the overall viability of the area
of employment; and
e) the potential impacts of the conversion have been considered on a
municipality wide scale."
pp) Subsection 11.4.1, shall be amended as follows:
11.4.1 The Business Parks designated on Map A comprise lands having prime
exposure tG fFeeways- along Highway 401 and major arterial roads.
Development within Business Parks is intended for employment uses
exhibiting the highest standard of building design and landscaping.in order
to provide an attractive appearance that reflects or takes advantage of
such high visibility.
qq) Subsection 11.5.1 is hereby amended as follows:
11.5.1 The Prestige Employment Areas designated on Map A comprise lands
having prime exposure to frays along Highway 401 or major arterial
roads. Development within this designation is'intended for employment
intensive uses exhibiting a high standard of building design and
landscaping in order to provide an attractive appearance that reflects or
takes advantage of such high visibility.
25
rr) Subsection 11.5.4, is hereby amended as follows:
11.5.4 Development within Prestige Employment Areas shall be subject to a high
level of architecture, landscaping and signage control. Outside storage or
display of goods shall be strictly prohibited. The Municipality may develop
design guidelines to assist in the review of development applications
adjacent to Highway 401.
ss) Add new subsections 11.5.5 and 11.5.6 which shall read as follows:
11.5.5 Adequate parking and loading facilities shall be provided on the site.
These facilities, except for a limited amount of adjacent visitor parking,
generally shall not be located between the building(s) and arterial roads or
Highway 401 to promote a prestige appearance. Shared access and
parking among various properties is encouraged.
11.5.6 Development of the interchange lands is to be characterized by
pedestrian-friendly, high-quality, landmark built form that conveys a
Prestige employment image and definitive urban presence."
tt) Subsection 11.6.2 is hereby amended as follows:
11.6.2 The predominant use of land in the Light Industrial Areas shall be
manufacturing, assembling, processing of raw materials, fabricating,
repairing, research and development and warehousing. Certain
commercial, community and recreational uses, including banks,
restaurants, athletic clubs, banquet facilities and fraternal organizations,
are permitted provided they are limited in scale and provide services to
employees of the Employment Area. In addition, accessory office uses will
be permitted provided they are on the same lot and are related to and
ancillary to the main industrial use to a maximum of 25% of the total gross
building floor area.
uu) Subsections 11.7.2, 11.7.3 and 11.7.4 are hereby amended as follows:
11.7.2 The predominant use of land in General Industrial Areas shall be
manufacturing, assembling, processing of raw materials, fabricating,
FefiRing, warehousing, StGFage and repair and servicing operations. In,
addition, accessory office uses will be permitted provided they are on the
same lot and are related to and ancillary to the main industrial use to a
maximum of 25% of the total gross building floor area.
11.7.3 Outside storage shall generally not exceed 50% of the total gross floor
area of the building will be permitted provided that it is pFeperly snreened
fFE)m ni ihIin view d shall geReFally RG-e.ceeed--50% of the site arm and to
a maximum height of 5 metres. Outside storage shall generally be located
at the rear of the property.
26
11.7.4 TFUGk terminals, inGluding the repair, storage and sale Of GGMmeFGial
+roncnnrF yehinles, Transport depots shall be located within the General
Industrial Areas having direct access or close connection to an arterial
road but not occupying high visibility sites adjacent to freeways or major
entranceways to urban areas. Parking, loading and storage facilities shall
generally be located at the rear of the lot, adequately screened from
adjacent land uses, have a durable, dust-free, hard surface and suitable
stormwater management facilities.
vv) Existing Subsection 12.4.5 is hereby deleted in its entirety.
17 4 5 In the nGjieF'++i�onn��f aR amenrdmeRt �+�finial Plan fnr t
-rte .crrT-crr�—c
expaRSien te-the limits ef a hamlet, a settlerReRt GapaGity study shall be
el o Durham in nnnc t+o+inn With n+h +n prnyirle +he
#fig:
a) an analysis of the hydFegeelegiGal regime 'R the area to deter',,,n;e
basis;the availability and quality of groundwater on a !E)Rg term
b) an assessmen f o nh as mi ins rd
.�.r.:,-Rte,-r�-6T-.zeflff tefNatN/e&��„-�-�,��,,,�El�al-afla
noRrlen+inn existing rdeVe/nnmenf+n SUGh GyStGmc;
the 8ffeGtive eperatien of private—se�n�ocavagve disposal systems, where
optimal seniiniRg el+ematiye•
) aR asses'sMeRt of surfana drainage,
;
aR iRVeRteFY of ArtarallTher4 a recooamec+ and an oscsessmeerlt E)
hOW new gFev+h will he nmmplemeRtary to and nnncicten+ With, the
hic+nrin nharan+er of the area;
gFeyAh 9R the o T
h) an assessment GfSe^VG;Rg-alter;atiyeSUGh as G "�'-�lmrmi-raTrai
.a�.r..m-rcrr
syste-m ;
) an asse.smreeRt ef-the imnoe egriG61Tt61 el Tondo oRd t
ideRtif+c-atieR rref diFeGtiORS fGF gFOYAh WhiGh Will MiRimize S61Grhi
impattc anrd a statemeRt of nnnfnrmity +n the Minimum niofonne
i
j)gther in�ferma+inn as may he rde°ermrreed-necGessary by the Muni y
ww) Existing subsection 14.43 is hereby amended as follows:
14.4.3 With the exception of lands designated Environmental Protection Area
within the Oak Ridges Moraine, all other lands designated Environmental
Protection Area shall include a setback for development to be determined
in consultation with the Conservation Authority and the Province. In the
case of a stream valley, the setback shall be determined from the top-of-
27
bank and shall be based on a stable slope and the sensitivity of the
stream valley. The setback for all other natural heritage features
designated as Environmental Protection Area shall be determined based
on the sensitivity of the specific natural heritage feature. In no case would
the setback be less than 5 metres in width. In the case of new plans of
subdivision or consents, lot lines shall not extend beyond the established
setback. The limits of the Environmental Protection Area within the Oak
Ridges Moraine area may be verified through the preparation of a Natural
Heritage Evaluation or Hydrological Evaluation_. in oonorrdonoe with
SeGtV'1n it it A0 and A Ail'1 of this Dlon
xx) Existing subsection 15.3.6 is hereby amended as follows:
15.3.6 An application to amend this Plan to permit a new Aggregate Extraction
Area or to expand an existing Aggregate Extraction Area shall be
supported by an Aggregate Extraction Area Study prepared by the
applicant. The Terms of Reference for the study shall address the matters
set out in SeGtiE)R 15. ° Appendix "A" unless, as a result of consultation
by the applicant with the Municipality, the matters which are required to be
addressed in this particular study are scoped by the Municipality.
Wherever reasonably practicable, the Study required by this Plan will be
Ee-er-GiRated coordinated with the study requirements of other agencies,
including the Province and the Region.
yy) Existing subsection 15.3.7 is hereby amended as follows:
15.3.7 The Municipality shall prepare guidelines for the assistance of applicants
in the preparation of the Aggregate Extraction Area Study. Among other
matters, the guidelines shall elaborate the requirements of for Se t�iens
15.3.8, 15.3.9 and 15.3.1 n respeGtieg the preparation of terms of
reference for the content of an Aggregate Extraction Area Study.
Applicants who submit a study that satisfactorily addresses the
requirements of an Aggregate Extraction Area Study of Seotinn 1 F 23,9
shall not be subject to the requirements of an Environmental Impact
Study,, a^Hydrological Evaluation, or a Natural Heritage Evaluation Se^tt;eR
4
4.4.35, .4.3 ' and 4.4.39 and ovnont as pmyide-d fnr in SeGtinn 15.3.9 rr1
4A.40 of this Dlon
zz) Existing subsection 15.3.8 is deleted in its entirety and the subsequent
subsections are renumbered accordingly:
i 5.3.8 The MuniGipality may GORSider it ReGessaFy te have a Peer Review ef aR
The puFpese of the Peep Review will be tG eRSUFe that the Study satisfies
the nolioieo of this Plan and non be relied i inon by the M UniGinolity in the
28
GGStS of the Peer-Review,�YYhiGhT^i'GcStG shall be eas�E)Rable.
aaa) Existing subsection 15.3.9 is deleted in its entirety and the subsequent
subsections are renumbered accordingly.
- 3.9 An°-g9;e-gate E—xtFaEtien-AFea Study shall address the llE)Wi
a) a description of the oontevt of the proposed applioa+inn ipoli Odin
evicting lanilform featt4res all natuFal her itage feat gyres on and
i
PS,
the development sife apd alonrr proposed haul Fe, rtes and evisfing
linen ed pits apd evtraGtion limits apd ahapdoned pits;
� e
h\ a description of the proient inclUdino activities which may prods is
e xt r�d-
G) an evtraction plan•
d\ an identifination and assessment of the impacts associated with the
adjanent lands and-their ecolorinal fnnnfions;
,
0
the ohiectiVes of any area wide rehahilitatier plan-
,
n\ the criteria of Sentinn it it 40 of this Plan fnr applications lonated Within
the Natural I iRkage Area as identified OR Map-A-,
h) the matters et out in Sentinn 15.3.10, apd 1 F 2 1 1 to 1 F `2 1 it
inali�,� i�c
i\ the ma#ors set of it in Sentinn 1 Q /1 4 and
iT—rrn.—r-rtcrcr��Tacc-va-rm-vcccrvrr-rr.-r.-rte crrrcr
to address the applicable policies of this Plan
bbb) Existing subsection 16.8.4 is hereby amended as follows:
SPECIAL POLICY AREA F
16.8.4 The applicable urban design goals of Section 10..4.9.2 and urban design
policies of Section 10.4.9.3 PFORc--iPles Of SeEti3.2 and Site
develOPMeRt eriteri�T,a Of SeEtiGR 10.3.7 apply to Special Policy Area F.
29
ccc) Existing subsections 16.8.4 and 16.12.2 are hereby amended as follows:
16.8.4 The applicable urban design principles.goals of Section 10.3.2 10.4.9.1,
the urban design policies of Section 10.4.9.2 and the site development
criteria of Section 10.3.7 apply to Special Policy Area F.
16.12.2 The implementing Zoning By-law shall allow as permitted uses,
reforestation, conservation and a single 2500 square metre fur garment
manufacturing facility, in a single building, to be used for the design,
production and sale of fur garments. Accessory buildings and structures
shall be permitted in accordance with the Comprehensive Zoning By-law,
provided that no single accessory building or structure shall be larger than
100 square metres in size.
A change in use from fur garment manufacturing to another single prestige
employment use may be permitted, but shall require an amendment to this
Official Plan and an amendment to the Comprehensive Zoning By-law,
and may require at the request of the relevant authorities, the submission
of one or more of the following to the authorities for approval:
a) an analysis of the hydrogeological impacts
b) an assessment of the impact on surface drainage
c) a traffic impact analysis
n cot out in Section /I it 35 of this Plan
d-} an-environmental impact study; cr�'����Q���ro,-T—r--,.o o�-�r�-�Q,-r
e) a stormwater management plan
f) a servicing study
g) studies with respect to impacts of noise, dust or odour, and
h) other information as maybe deemed necessary by the Municipality of
Clarington and/or.the Regional Municipality of Durham
ddd) Existing subsection 17.2.2 is hereby amended as follows:
17.2.2 Notwithstanding the above, the 6.4 hectare parcel of land at the south-
east corner of King Street and Trulls Road (identified under Assessment
Roll # 18-17-010-050-22700-0000) may be permitted to develop up to a
maximum of 13,900 square metres of gross leasable floor space for retail
uses prior to the completion and approval of a secondary plan provided:
a) the proposal conforms to the urban design goals prinGipleS of Section
10.4.9.1 10.3.2 and urban design policies site development rrito of
Sections 19,3.7 10.4.9.2; and
b) the Municipality has completed and adopted an urban design plan for
the Courtice Town Centre which addresses the distribution and
integration of land uses, the siting and massing of buildings, the
pedestrian environment, traffic circulation including the location of
public or private streets, public transit and parking.
30
eee) Existing subsection 22.3.1 is hereby amended as follows:
22.3.1 Community Improvement Project Areas and Subareas are shown on Map
I of this Plan. It is the intent of the Municipality to prepare community
improvement PFGjeG plans for each of the Community Improvement
Project Areas, or parts thereof. These plans shall serve as the basis for
community improvement works.
fff) Existing subsection 22.3.2 is deleted in its entirety and replaced with the
following:
22.3.2 The GE)MM Rity IMPrO /emen4 Areas ;and S baFeas are nrinritized w
First Dribrity Second Priority Third Priority
BuFketOR
TleWG Vill Subarea N2
Bewmanv'lle Subarea B6 Hampton EnRiskil
Ne.WG Vill S6baFea N I Leskard
OFOR Hayes
C!aFinntnn Cner:gy iNeYAGRVille
Mitchell ('nrnerc
Ri icineco Dorn
"22.3.2 The Community Improvement Project Areas and Subareas are prioritized
as follows:
Completed First Priority
Bowmanville B2 Bowmanville B6
Newcastle N1 Bowmanville B7
Orono Courtice C1
Courtice C2
Second Priority Third Priority
Bowmanville B3 Bowmanville B1
Bowmanville B4 Newcastle N2
Bowmanville B5 Hampton
Mitchell Corner's
Newtonville"
31
ggg) Existing subsection 22.3.3 is hereby amended as follows:
22.3.3 Section 22.3.2 is to be used only as a guide in the preparation of
community improvement project plans. Program choices, financial.
constraints, on-site project necessities, and funding criteria may change
the priorities. The Municipality may revise its priorities without the
necessity of an amendment to this Plan.
hhh) Existing subsection 22.3.4 is hereby amended as follows:
22.3.4 The community improvement prejec-t plans will be implemented by means
of powers conferred upon Council under the Planning Act, the Municipal
Act, and other applicable statutes including:
a) municipal and private sector participation in available Federal,
Provincial and Regional programs;
b) the acquisition, improvement and disposal of land and buildings;
c) agreements with any government authority or agency for the
preparation of studies, plans and programs;
d) the integration of community improvement projects with the ongoing
maintenance and improvements of municipal infrastructure and
programs;
\ using the nrnVioinnc of the I GGaI Impmyemont Art to upgrade
mi iniGipal c oniinoc Ieihoro _Annrr)nriato-
ef encouraging public participation in the preparation of community
improvement project plans;
fg) encouraging infilling, redevelopment and other land use intensification
activities;
g#)supporting the preservation of historic or architecturally significant
buildings and the use of funding programs under the Ontario Heritage
Act; and
h+) supporting local service clubs and other organizations in the
development of recreational and other facilities and services."
iii) Existing subsection 22.3.5 is hereby amended as follows:
22.3.5 The Municipality will consult with the Region of Durham when community
improvement PFojeG plans are being prepared to ensure the co-ordination
of improvements to sewer, water and other Regional services with
municipal improvements. The Municipality will ebtain the nnnnUrrronno of
consult with the Region prior to the approval of any community
improvement pFejec plan.
jjj) Existing subsection 23.1.2 is hereby deleted in its entirety and the subsequent
subsections renumbered accordingly.
32
23,1 2 Ar
Thof� cmi deep with the Healthry
('n tiocres gernm-rittee, a-se ♦es " " iRdiGato c
kkk) Existing subsection 23.1.4 is hereby amended as follows:
23.1.4 The Official Plan shall be reviewed every five years as required by the
Planning Act may he amended from time to time to ensure that it conforms
with Provincial Plans has regard to matters of Provincial interest, is
consistent with the Provincial Policy Statement, and continues to embody
the policies of Council, enhancing the achievement of
the principles, goals and objectives of this Plan.
III) Existing subsection 23.1.5 is hereby amended as follows:
23.1.5 Prior to revising the Official Plan under section 23.1.3, Council shall hold a
special meeting of Council open to the public to discuss the revisions that
may required in accordance with the provisions of the Planning Act.
n„hlio mooting at least onne every 5 years to y+onsider the need for a
ommplete review of the Offigial Plan or slgnlfloant ngmpeneRtS eff_it
mmm) Existing subsection 23.2.2 is hereby amended as follows: .
23.2.2 In order to provide ample opportunity for the public to review and discuss
the proposed Plans, By-laws or amendments, notification of any statutory
public meeting as required under Section 23.2.1 shall be given at least 18
consecutive days prior to the date of the public meeting and will be given
ether in accordance with the Planning Act.
bsyu-
a) publiGation in a newspaper that is in the Glerlr's epininn rnf SLAGiently
g,.,e,.,R,,�e/,.,,�� ,
tl R d/di-
mail,b) personal sePAGe er pre paid fiFSt Glass ,
the pFE)pc)sal would apply at the address as shGWR on the last revis
assessment roll-ef the MURiGip ality. Where the Gle k h�TeGei a
, REAGe
shall he given to the new E)WRer or 000„nant as the nose may he at�h�
addreSS _s6tatin_the written notige•, and/or,
G) persoRal serviGe 9F prepaid fiFSt Glas-s mail te every person and ageRG�4
that has giveR the Clerk a Written request fer SLIGh RGtiGe ;R respeGt of
33
nnn) Existing Subsection 23.2.4 is amended as follows:
23.2.4 Council may initiate amendments to this Plan in response to significant
changes to the planning and development environment in the Municipality
and, in particular:
a) as a result of the 5 year review set out in Section 23. x.5 23.1.4;
b) to implement the strategic policies set out in Part 11 of this Plan;
c) in response to new Provincial Legislation, Provincial Policy Statements
or Guidelines; and
d) due to changes to the Durham Regional Official Plan.
000) Existing subsection 23.5.4 is hereby amended as follows:
23.5.4 Notwithstanding 23.5.3 within the Oak Ridges Moraine, the expansion of
an existing building or structure on the same lot or expansion of an
existing institutional use or the conversion of an existing use to a similar
use that legally existed on November 15, 2001, may only be considered if:
a) the applicant demonstrates that the criteria of Section 23.5.3 can be
satisfied;
b) there will be no change in use; and
c) the applicant demonstrates in aGGC)FdanGe With SeGtiGR 4 4 39 of this
Ptw:iT that the expansion will not adversely affect the ecological
integrity of the Oak Ridges Moraine.
ppp) Existing section 23.6 Subdivision and Condominium Approval is hereby amended
by amending subsection 23.6.2 and by adding new subsections 23.6.5.through
23.6.7 as follows:
23.6.2 Where a plan of subdivision has been granted approval prior to the
approval of this Plan by the Region, it is not the intention of the
Municipality to apply the policies-of this Plan retroactively. However, in the
event of.major revisions, or if the approval of a draft plan of subdivision
lapses, the entire plan of subdivision will be subject to review and the
growth management objectives of this Plan and the Region of Durham
Official Plan previsions of this Plan shall apply. shall be considered as a
key component of the development review process.
"23.6.5 If a plan of subdivision or part thereof has been registered for eight years
or more and building permits have not been issued, Council may use
its authority under Section 50(4) of the Planninq Act to deem it not be
a registered plan of subdivision.
23.6:6 Council shall require that approvals of draft plans of subdivisions include a
lapsing date in accordance with Section 51(32) of the Planninq Act.
34
23.6.7 Common element condominiums and vacant land condominiums shall not
be permitted if the Municipality requires public ownership of the lands for
pedestrian or vehicular access to create local road connections to existing
developed or undeveloped land."
qqq) Existing subsection 23.8.1 is hereby amended as follows
23.8.1 All development shall be subject to site plan control, with the following
exceptions:
a) any building or structure within a public park; any hi iildinn OF ctri into ire
GWRed nr operated by the M Uninipality e the Reg'GR r)f D Urham e a
Gensepia+inn Authority,ithority, the gE)VernmeRt of Ontario or the GeveMment
of GaRada,
b) any structure erected for the purpose of flood or erosion control;
c) any permitted agricultural building or structure;
d) any temporary structure as defined by the Ontario Building Code;
e) a residential building containing,less than 3 dwelling units;
f) alterations to buildings or structures which do not alter the nature of the
existing use;
g) aggregate extraction activities which do not.include permanent
buildings or structures; and
h) any expansion or enlargement of a building or structure that is less
than 20 square metres or less than 10% of the total floor area of the
building, whichever is less; and
i) the placement of a portable classroom on a school site of a district
school board if the school site was in existence on January 1, 2007.
rrr) Existing Subsection 23.8.2 is hereby amended as follows:
"23.8.2 As part of a submission for site plan approval, the Municipality requires
that the proponent demonstrate how the proposed design and the
organization of the site and buildings will:
a) implements the urban design policies of the Official Plan and any
relevant Secondary Plans;
b) in Town and Village Centres and in Residential Neighbourhoods,
contributes to compact, urban and pedestrian-oriented form and
function that enhances pedestrian and transit accessibility;
c) safely addresses vehicular traffic impacts;
d) implements sustainable development objectives including protection
of the natural heritage system, energy efficiency, minimizing light
35
pollution and water consumption, stormwater management controls,
tree planting and other enhancements to the natural environment;
e) protects, enhances or restores the Municipality's blEt cultural
heritage resources;
f) demonstrates the relationship of the proposed building to adjacent
buildings, streets and exterior areas to which members of the public
have access, with surrounding ultimate la Rd uses and
addresses imp"a e tVo nnifJo > > WiRd
e#e Gts;
g) provides landscaped areas and urban amenities consistent with the
context of the planned land uses and the Municipality's landscaping,
urban design and amenity requirements;
h) makes appropriate provision for sequential staging of services
including the construction of infrastructure to service the site; aid
i) provide facilities designed for accessibility for persons with
disabilities; and
j i) implements any other relevant policies of this Plan.
sss Existing Subsection 23.8.3 is deleted in its entirety.
Under site plan oontrol to enter into one er mere agreements pursuant to
the'Dlanning Aot to addFess all matters oontained therein inolirling
ttt) Existing Section 23.8 Site Plan Control is amended by adding the following
subsections:
"23.8.3 To achieve the intent of 23.8.2, the Municipality, shall as part of the site
plan approval:
a) Consider matters related to exterior design, including without
limitation the character, scale, materials, colours and design
features of all building exteriors, exterior signage and lighting; and
b) Require the inclusion of sustainable design elements on any
adjoining right of way under the Municipality's jurisdiction, including
without limitation trees, shrubs, hedges, plantings or other ground
cover, permeable paving materials, street furniture, curb ramps,
waste and recycling containers and bicycle parking facilities.
23.8.4 As a condition of the approval of the plans and/or drawings required in this
Section, the Municipality may require the owner of the land to:
36
a) Provide and maintain, to the satisfaction of and at no expense or risk to
the Municipality, the facilities, works or matters set out in Section 41(7)
(a and b) of the Planning Act;
b) Enter into one or more agreement(s) to ensure that development
proceeds in accordance with the approved plans and drawings as
required as set out in Section 41 (7)."
uuu) Existing Section 23.11.3 is hereby deleted in its entirety.
23 1 1 3 The Community Park site shGWR on Map 2 seu h of Bloor Street on the
east side.. of DreStRiele Read shallond ire for a neried of 15 dears from
the date of annreyal of this PGliGY fthe QffiGiol Plan If the site� haas ne
shall he deemed to he rdeoirvnaterd "1 Irhan Residential" anrd may he
developed in annorrdanne with the nolinies for that rdesigRatinn
vvv) Existing Section 23.14 Exceptions is hereby amended by renumbering it to
Section 23.16, and by renumbering the subsections of the new Section 23.16
accordingly.
www) Existing Section 23 Implementation is hereby amended by adding a new
subsection 23.14 Community Benefits,'as follows:
"23.14 COMMUNITY BENEFITS
23.14.1 In accordance with the Planning Act, within designated Village or.Town
Centres, Council may in a Zoning By-law authorize increases in the height
and/or density of development for a site specific development proposal
beyond that permitted in the Zoning By-law, in return for the provision of
such facilities, services, or matters that include a significant public benefit
in accordance with the Community Benefits section of the implementing
Zoning By-law.
23.14.2 Increases in height and/or density may be considered in order to obtain
the following community benefits:
a) the preservation of cultural heritage resources;
b) the provision of major cultural or arts facilities;
c) the provision of public squares, arcades and walkways within the
development otherwise not required by the policies of this Plan that
have functional benefits;
d) the provision of assisted or special needs housing;
e) the provision of daycare facilities;
f) the provision of community facilities; and
g) any other public benefit deemed suitable by Council.
37
23.14.3 Council may also consider a Community Benefits by-law outside of Village
or Town Centres for the protection of cultural heritage resources and/or
natural features beyond the parklands dedication requirements of the
Planning Act, in accordance with the Community Benefits section of the
implementing Zoning By-law.
23.14.4 The use of Community Benefits zoning shall be carefully controlled, and
shall only be undertaken after a thorough site-specific Community Benefits
stud
23.14.5 The site-specific Community Benefits study referred to in subsection
23,14.4 shall assess the extent of the permitted height and/or density
bonuses that shall be established based on:
a) the proposed development's compatibility with existing adjacent
development;
b) the extent to which the proposed development is consistent with the
stated goals and objectives of the Municipality
c) conformity to the general intent of the relevant land use designation of
this Plan; and
d) the adequacy and impact of infrastructure and community services.
23.14.6 When considering Community Benefits, and allowing the provisions of
benefits off-site, the positive impacts of the exchange should benefit the
surrounding areas experiencing the increased height and/or density.
23.14.7 The Community Benefits Zoning By-law shall set out areas where the
height and/or density of development would be permitted to increase, as
well as the extent of the height and/or density bonus.
23,14.8 As a condition of the Community Benefits Zoning By-law, the Municipality
will require the proponent to enter into one or more agreements registered
against the lands to which it applies, and dealing with the provision and
timing of facilities, services or matters that are to be provided, and the
height and/or density bonus to be given,"
xxx) Section 23 is hereby amended by adding a new section 23.15 Preconsultation
and Complete Applications as follows:
"23.15 PRECONSULTATION AND COMPLETE APPLICATIONS
2115.1 The Planninq Act permits Council to require an applicant to pre-consult
with the Municipality prior to submitting an application and to require an
applicant to provide, at the time of the application submission, any
information determined as necessary to properly assess the application.
The purpose of the following Pre-Consultation and Complete Application
38
policies is to outline what is required for a particular application and to
ensure that applications are comprehensive and can be processed
expeditiousIV:
a. Prior to the submission of a complete application for an Official Plan
Amendment, Zoning By-Law Amendment, Draft Plan of Subdivision,
Draft Plan of Condominium, or Site Plan the applicant shall consult
with the Municipality in accordance with this Plan and the Municipality's
Pre-consultation By-Law.
b. Pre-consultation meetings shall be held with the Municipality and any
other external agency as deemed appropriate by the Municipality.
c. Studies, reports and information outlined as necessary for the proper
evaluation of a complete application will be determined by the
Municipalitv in consultation with external agencies as deemed
necessary by the Municipality.
d. In addition to the studies, reports and information specified during the
Pre-consultation process, the applicant shall be required to submit any
other studies and reports relevant and necessary-to the evaluation of
the particular applications as deemed appropriate by the Municipalitv in
consultation with the applicant, and any other external agency during
the application review process or peer review process.
e. All studies, reports and.information specified shall be prepared in
accordance with any standards or specifications applicable within the
Municipality or the Region, and may, at the Municipality's discretion,
require a peer review by a qualified consultant retained by the
Municipality at the applicant's expense. General descriptions of
studies, reports and information that may be required are outlined in
Appendix A which may be modified without amendment to this Plan.
23.15.6 In addition to the prescribed information required by the Planning Act, and
the other information outlined in Section 23 of this Plan, the Municipality
ma V, through the Pre-consultation Meeting, identify other planning
applications that are required to be submitted concurrently, to ensure that
Council and its delegated approval authorities can properly evaluate the
applications and make consistent and appropriate decisions:"
yyy) In the existing sections listed below, the references to sections of the Official
Plan shall be amended as follows:
In existing Sections 4.4.9 and 4.4,37 the reference to Section 4.4.40 shall be
changed to Section 4.4.41;
In existing Sections 4.4.9, the reference to Section 4.4.41 shall be changed to
Section 4.4.42; and
39
In existing subsection 23.2.4 a), the reference to Section 23.1.5 shall be changed
to Section 23.1.4.
zzz) Existing Section 24.14 Interpretation is hereby amended as follows (only revised
or new definitions are indicated:
24.14 The definitions of terms contained in this Plan are as follows:
Archaeological Resource: means the remains of any building, structure,
activity, place, cultural feature or object which, because of the passage of
time, is on or below the surface of land or water, and is of significance to
the understanding of the history of a people or place. The identification
and evaluation of such resources are based upon archaeological fieldwork
undertaken in accordance with the Ontario Heritage Act.
"Areas of Archaeological Potential: means areas with the likelihood to
contain archaeological resources. Archaeological potential is confirmed
through archaeological fieldwork undertaken in accordance with the
Ontario Heritage Act.
Auto Auction Facility: means a building, structure or lands used for the
storage of used vehicles which are to be sold on the premises by public
auction, and for the sale of the said vehicles by public auction on an
occasional basis.
Auto Wrecker/Auto Dismantler/Recycler: means a building, structure or
lands uses for the storage of used vehicles which are to be dismantled on
the premises and for the sale of parts of the said vehicles on site.
Built Heritage Resources: means one or more significant buildings,
structures monuments installations or remains associated with
architectural, cultural, social, political, economic or military history and
identified as being important to a community. These resources may be
identified through designation or heritage conservation easement under
the Ontario Heritage Act, or listed by local, provincial or federal
jurisdictions.
Community Infrastructure: refers to lands, buildings, and structures that
support the quality of life for people and communities by providing public
services for health, education, recreation, socio-cultural activities, security
and safety, and affordable housing.
Comprehensive Review: means
a) an official plan review which is initiated by Council, or an official
plan amendment which is initiated or adopted by.Council, which:
i. is based on a review of population and growth projections
and which reflect projections and allocations by Durham
Region and provincial plans, where applicable; considers
40
alternative directions for growth; and determines how
best to accommodate this growth while protecting
provincial interests;
ii. utilizes opportunities to accommodate projected growth
through intensification and redevelopment;
Iii. is integrated with planning for infrastructure and public
service facilities; and
iv, considers cross-jurisdictional issues; or
b) a review undertaken by Council or comparable body which:
i. addresses long-term population projections,
infrastructure requirements and related matters; and
ii. considers cross-iurisdictional issues.
Conserved: means the identification, protection, use and/or management
of cultural heritage and archaeological resources in such a way that their
heritage values, attributes and integrity are retained. This may be
addressed through a conservation plan or heritage impact assessment.
Conversion of Employment Lands: means redesignation from
employment area to another urban designation, or the introduction of a
use that is otherwise not permitted in the employment areas designation.
Cultural Heritage Landscape: means a defined geographical area of
heritage significance which has been modified by human activities and is
valued by a community. It involves a grouping(s) of individual heritage
features such as structures, spaces, archaeological sites and natural
elements, which together form a significant type of heritage form,
distinctive from that of its constituent elements or parts. Examples may
include, but are not limited to, heritage conservation districts designated
under the Ontario Heritage Act and villages, parks, gardens, battlefields,
mainstreets and neighbourhoods, cemeteries, trailways and industrial
complexes of cultural heritage value.
Cultural Heritage Resource: means man-made or natural features,
including structures, objects, neighbourhoods, landscapes and
archaeological sites that have been identified as significant by the local
municipality or the province for being meaningful components of a
community's cultural heritage or identity.
Employment Area: means those areas designated for clusters of
business and economic activities including, but not limited to,
manufacturing, warehousing, offices, and associated retail and ancillary
facilities.
Heritage Attributes: means the principal features, characteristics,
context and appearance that contribute to the cultural heritage
significance of a protected heritage property.
41
Protected Heritage Property: means real property designated under
Parts IV, V or VI of the Ontario Heritage Act, heritage conservation
easement property under Parts 11 or IV of the Ontario Heritage Act, and
property that is the subject of a covenant or agreement between the owner
of a property and a conservation body or level of government, registered
on title and executed with the primary purpose of preserving, conserving
and maintaining a cultural heritage feature or resource, or preventing its
destruction, demolition or loss.
Provincial Plan: means a plan approved by the Lieutenant Governor in
Council or the Minister of Municipal Affairs and Housing, but does not
include municipal official plans.
Detail IGt Study: a detailed study c;anndUG ed by a qualified marrrkc°e
(�er�r�l A repo
aaaa) Existing subsection 6.5.4 of the Brookhill Secondary Plan is hereby amended as
follows:
6.5.4 An Environmental Impact Study shall be undertaken for development
proposals in QE nGe with E' i^ial °I°n, including
any necessary infrastructure and roads proposed within the Lake Iroquois
Beach, or within 120 metres of the boundary of a wetland or wetland
complex or 30 metres of the Environmental Protection Area designation.
-Any resulting changes to the boundaries'of the Environmental Protection
Area designation resulting from the recommendations of an Environmental
Impact Study shall not require an amendment to the Official Plan or
Secondary Plan.
bbbb) Existing subsection 3.7.3 of the Clarington Technology Business Park is hereby
amended as follows:
3.7.3 An Environmental Impact Study shall be required for development
applications on lots adjacent to the significant woodlands identified on
Map C. The ERVirenMeRtal noG Study shall be prepared in onr+nrr ante
with SeGtien 4.4.35 of the MURIGipality of Clar'RgtE)R Qffi.Gial Plan-.
cccc) Existing subsection 11.3.2 of the Brookhill Neighbourhood Secondary Plan is
hereby amended as follows:
11.3.2 Community Theme and Urban Design Implementation Plan
Prior to the approval of a development in the Brookhill Neighbourhood a
Community Theme and Urban Design Implementation Plan
bief shall be prepared to confirm and control the intended pattern of
42
development within the Neighbourhood." In addition to other matters, Tthe
Community Theme and Urban Design Implementation Plan shall include:
of land i ises•
Mutes;
"n\ aReadsGape_Plan,r that aFtiG61iutes SPeGifin urban design issues te-
mho addressed in imnlemonfiRg Z9RiRg by laws nlan/c\ of s bdivici—
d) the iE)GatiGR of speGifiG e
Neighbor irheed sUnh as nOrner lots and T interoentigns that require
nenifin let and building nlanement erientation and arrhitenti iral
features;.
•
s
ms .
ae) design concepts for community theming including gateway
treatment, landscape treatment including the "green corridor"
treatment for Regional Road 57, light fixture standards, fencing
details, sidewalk details and related design issues that provide for
overall community theme.;
f\ a Parks and Qpen Sparse Alaster Plan that identifies the IGGa+inn and
nonfiguratiGR of i uses sUnh as wheel sites, parks, open snaoe
> >
b #ers environmental and oUIti oral heritage features;
g) where 0
subdivisibn; ,
site, prepesed ,
i�R the eevet that site is Rat required fer cnheel use.
dddd) Existing Subsection 1.5.2.5 of the Bowmanville West Town Centre Secondary
Plan is hereby amended as follows:
15.2.5 In the consideration of a development application within the West Town
Centre, the Municipality may require that the proponent prepare a traffic
impact study to the satisfaction of the Region of Durham and the
Municipality. The traffin imnant study shall he prepared and stamped by-a.
registered nrefe ional engineer and address the fellowing•
GE)Rditinns renngRizing the rdeVelgnmenf pGtential of other lands;
newa
entra n ys
v ,
d) en site vehiGLilar &GUl°ativTr
e) pedestrian and binynle nirni elation• and
f\ transit anness and amenity req iirements
eeee) Map A3 Land Use Bowmanville Urban Area is amended by changing the
designation of 2375 Baseline Road from Prestige Employment Area to
Community Park as shown on Exhibit "A" to this Amendment.
43
ffff) Map I Community Improvement Areas is hereby amended as follows:
a. by deleting the Enniskillen CIA,
b. by deleting the Leskard CIA,
C. by deleting the Burketon CIA,
d. by deleting the Kendal CIA,
e. by deleting the Haydon CIA
f. by deleting the B2 CIA,
g1 by renumbering existing B3 CIA to B2 CIA
h. by renumbering existing B4 CIA to B3 CIA
L by renumbering existing B5 CIA to B4 CIA
j. by renumbering existing B6 CIA to B5 CIA
k. by defining a new B6 CIPA,
I. by defining a 137 CIPA,
M. by adding the C1 CIPA,
n. by changing the title of.the Schedule from `Community Improvement Area'
to `Community Improvement Project Areas',
o. by adding `Completed Community Improvement Plan' to the legend and
p. by changing the legend from `Community Improvement Area' to
`Community Improvement Project Area' as shown on Exhibit "B" to this
Amendment. as °heWR nn Exhibit 10800 to this rnendffK-
gggg) By introducing Appendix A— General Description of Studies.
Proposed Appendix A — General Description of Studies
As outlined in section 23.15 of this plan, the Planning Act permits Council to require an
application to pre-consult with the Municipality prior to submitting an application, and to
request from the applicant, at the .time of the application submission, any information
determined as necessary to properly assess the application.
General descriptions for reports that may be required of an applicant are outlined below.
The final scope of the reports shall be determined by the Municipality, in consultation
with any other government body, public authority and/or external agency, and is
dependent on the nature of the proposal. Additional information may be required from
these reports through the planning analysis, council deliberation, and/or public
participation processes. The reports need to be signed and stamped by the respective
registered professional.
The following list describes the most common reports that are required for an
application to be.deemed complete. This is not considered an exhaustive list. Other
specialized reports may be required based on the nature of the application
a2 port General Description
PLANNING AND GROWTH MANAGEMENT
Planning The purpose of a Planning Rationale Report is to provide an overall
44
Report General Description
Rationale Report planning framework, and a clear understanding of the different
components of the proposal.
The Planning Rationale Report also brings together the analysis
and conclusions of the other reports supporting the application.
The minimum objectives of the study are to:
• provide a description and clear understanding of the proposed
amendment;
• provide all statistics (i.e. height, density), site and contextual
considerations;
• explain the conformity of the proposed amendment with the
Municipality's Official Plan, the Municipality's Zoning By-law, and
any other of the Municipality's planning documents, including
process steps and approvals required (i.e. zoning, site plan
control, land division):
• explain the consistency with provincial policy statements,
conformity with applicable provincial plans, and conformity with
the Region of Durham Official Plan;
• explain the contribution of the proposed amendment to the overall
urban structure of the Municipality and, if applicable, the planning
vision developed for the particular context (e.g. conformity with
Urban-Design Guidelines);
• explain the compatibility of the proposed amendment with
adiacent land uses;
• demonstrate the availability of adequate infrastructure to service
the development resulting from the proposed amendment;
• provide the site's planning q istory, including previous approvals;
• provide an analysis of all the studies submitted as part of the
application;
• demonstrate how the development contributes to the sustainability
principles of the Official Plan; and
• provide an analysis and opinion as to why the proposal is good
planning, an evaluation of potential impacts including economic
development benefits.
Retail Market A Retail Market Study will analyze current and future market
Impact Study potential fora specific type of retail. The study will also analyze the
impact of the proposed retail development on the existing and
planned structure of the Municipality, in particular the impact on
historic downtowns and on town/regional and neighborhood centers.
The basis for the study will be the Commercial Policy Review Study
as updated from time to time.
45 .
Report General Description
Financial Impact The purpose of a Financial Impact Analysis is to determine the
Analysis proposed development's financial impact on the Municipality's
operating and long term capital budgets. The study will consider the
costs of the development in all Municipal services and infrastructure
at both the Municipal, and if required, Regional levels. The report
may include demographic projections, impacts on both hard and soft
infrastructure like roads and libraries or fire protection respectively.
In addition to the capital cost, the analysis should also include the
additional operating/maintenance costs to be incurred by the
Municipality. The analysis should also include the impact on the
Development Charges schedule and financing.
SUSTAINABILITY
Environmental The purpose of an Environmental Impact Study (EIS) is to
Impact Study determine the potential for development to adversely impact
environmentally significant and sensitive areas, and natural heritage
features.
The Study shall:
a) examine the functions of the natural heritage features;
b) identify the location and extent of natural heritage features;
c) identify the potential impacts of the proposed development on
the natural heritage features and-their ecological functions;
d) identify any lands to be preserved in their natural state;
e) identify mitigating measures to address the adverse affects of
development on the natural heritage features and their
ecological functions, including setbacks for development;
f) identify the potential for restoration and/or creation of wildlife
habitat; and
g) examine the cumulative impact of the existing, proposed and
potential development, including the impact on groundwater
function and quality.
An EIS for lands within the Protected Countryside designation of the
Greenbelt Plan shall also be undertaken in accordance with the
policies of that provincial plan.
Energy The Clarington Official Plan recognizes three key principles which
Management provide direction for the policies in the Plan; sustainable
Plan development healthy communities and the management of growth.
The Municipality is encouraging the development industry to
promote high quality design practices centered on resource (e.g.
water, energy) conservation, efficiency and environmental
sustainability. The Energy Conservation and Sustainability Plan
must demonstrate how the development will achieve these three
key principles. The Plan needs to consider the following:
46
F 20rt General Description
a) energy efficiency
b) air quality;
c) water quality and quantity
d) solid waste;
e) natural environment; and
homeowner education.
Hydrogeoloqical The purpose of a H drogeological Report is to evaluate the impacts
Report and of a proposed development on ground water and surface water
Servicing quality or quantity and the associated connections and impacts to
Options Report natural heritage and water resource features and functions The
Hydrogeoloqical Report may make recommendations regarding the
design of the proposal.
The Hydrogeoloqical Study should describe the regional and local
yd.rogeological conditions, characterize the groundwater and
surface water flow systems, and identify the availability, quantity and
quality of groundwater sources at the site. The Hydrogeoloqical
Study shall demonstrate that the proposed development will have
no adverse effect on groundwater quantity or quality, or on natural
heritage functions and hydrological features that rely on
groundwater. The results of the study may impact the design of the
development.
This may or may not include the preparation of a water budget.
Geotechnical The purpose of a Geotechnical Report is to explore subsurface soil
Report and groundwater conditions on a site.
The Geotechnical Report should summarize subsurface exploration
data, including subsurface soil profiles, exploration logs, laboratory
results, ground water information and engineering recommendations
for design. The report will develop geotechnical recommendations
regarding such actions as earthwork construction and backfilling,
dewatering, installation of services (water, sanitary and storm),
service bedding and backfill, and roadway construction. It may
include bearing capacity as required bV the development proposal.
Slope Stability The purpose of a Slope Stability Report is to protect the long-term
stability of valley slopes from development impacts.
Any proposal for development or site alteration on or in proximity to
a slope must demonstrate that the long term integrity of the slope is
not compromised by the proposed development and that if required
an appropriate access buffer has been provided in accordance with
the standards and criteria established by the Province and the
Conservation Authority. Specific situations may include the need to
undertake a stream meander belt analysis for applications adjacent
to watercourses and valleylands. .
47
Report General Description
Flood Plain The purpose of a Flood Plain Management Report is to evaluate the
Management hydraulic impacts to the flood plain, both on and off-site, flood
Report proofing requirements and access requirements associated with
development or site alteration within the Regional Storm Flood
Plain, as defined by the Conservation Authority.
Any proposal for development or site alteration within the Regional
Storm Flood Plain must demonstrate that there will be no off-site
impacts to the flood plain and must demonstrate that an appropriate
level of flood proofing and safe access may be established for the
proposal.
OAK RIDGES MORAINE SPECIFIC STUDIES
Natural Heritage A Natural Heritage Evaluation shall demonstrate how the specific
Evaluation planning, siting, design or construction practices for the proposed
development would maintain or enhance the ecological integrity
the Moraine, including the natural heritage, water resources and
landform conservation systems.
Specifically the study shall:
a) provide an inventory of vegetation and wildlife habitat on and
within the vicinity of the proposed development site;
b) provide a comprehensive survey of wildlife use of the proposed
development and adjacent lands;
c) identify the anticipated impacts from the proposed development
and its associated activities, including noise, dust and vegetation
removal, on the natural heritage features;
d) identify lands where forest cover should be preserved or
enhanced;
e) demonstrate that the development or site alteration applied for
will have no adverse effects on the natural heritage features or
on their ecological functions;
f) identify planning, design and construction practices that will
maintain and, where possible, improve or restore the health,
diversity and size of the natural heritage feature and its
connectivity with other natural heritage features;
g) demonstrate how connectivity within and between natural
heritage features will be maintained and, where possible,
improved or restored before, during and after construction;
h) determine whether the dimensions of a minimum vegetation
protection zone as specified in Table 4-1 of this Plan are
sufficient, and if it is not sufficient, specify the dimensions of the
required minimum vegetation protection zone and provide for the
48
Report General Description
maintenance and, where possible, improvement or restoration of
natural self-sustaining vegetation within it;
i) specify the need for and dimensions of a minimum vegetation
protection zone where Table 4-1 of this Plan does not identify the
dimensions of a minimum vegetation protection zone and provide
for the maintenance and, where possible, improvement or
restoration of natural self-sustaining vegetation within it;
j) in the case of a natural heritage feature that is fish habitat,
ensure compliance with the requirements of the Department of
Fisheries and Oceans Canada); and
k) in the case of a Life Science ANSI identified in Table 4-1 the
basis on which the determination and specification mentioned in
subsection i) above is done, shall include without limitation, an
analysis of land use, soil type, slope class and vegetation type,
using criteria established by the Government of Ontario, as
amended from time to time.
Earth Science An Earth Science Heritage Evaluation shall:
Heritage
Evaluation a) identify planning, design and construction practices that will
ensure protection of the geological or geomorphological
attributes for which the area of natural and scientific interest was
identified; and
b) determine whether a minimum vegetation protection zone is
required, and if so, specifies the dimensions of that zone and
provides for the maintenance and, where possible, improvement
or restoration of natural self-sustaining vegetation within it.
Hydrological A Hydrological Evaluation shall:
Evaluation
a) demonstrate that the development or site alteration will have no
adverse effects on the h\/droloq call\/ sensitive feature or on the
related hydrological functions;
b) identify planning, design and construction practices that will
maintain, and where possible improve or restore, the health,
diversity and size of the hydrologically sensitive feature;
c) determine whether the minimum vegetation protection zone
whose dimensions are specified in Table 4-1 is sufficient, and if
it is not sufficient, specify the dimensions of the required
minimum vegetation protection zone and provide for the
maintenance and, where possible, improvement or restoration
of natural self-sustaining vegetation within it; and
d) in the case of permanent and intermittent streams, and seepage
areas and springs as identified in Table 4-1, the basis on which
the determination and specification mentioned in subsection c)
49
Report General Description
above is done shall include, without limitation, an analysis of
land use, soil type and slope class, using criteria established by
the Government of Ontario as amended from time to time.
Landform A Landform Conservation Plan shall include:
Conservation
Plan a) one or more maps showing_
• elevation contours in sufficient detail to show the basic
topographic character of the site, with an interval of not more
than two metres
• analysis of the site by slope type (for example, moderate or
steep)
• significant landform features such as ravines and ridges
• all water bodies including intermittent streams and ponds
b) a development strategy that identifies appropriate planning,
design and construction practices to minimize disruption to
landform character, including:
• retention of significant landform features in an open,
undisturbed form;
• road alignment and building placement to minimize grading
requirements;
• concentration of development on portions of the site that are
not significant;
• use of innovative building design to minimize grading
requirements; and
• use of selective rg ading techniques.
TRANSPORTATION
Transportation Transportation Demand Management Plans and Implementation
Demand Strategies for new development shall identify transportation
Management demand, impact, improvements and programs for specific
Study development applications and will identify actions and directions to
achieve the Durham Region's 15% auto reduction target.
Components of Transportation Demand Management Plans and
Implementation Strategies may include:
a) carpool/vanpool match program;
b) paid parking;
c) secure bicycle storage facilities;
d) on-site shower facilities for employees who bike to work; and
e) other measures deemed appropriate by the Municipality.
50
Report General Description
Traffic Impact The Traffic Impact Study (TIS) shall provide an assessment of the
Study impact of a proposed development on the transportation system and
determine infrastructure improvements, service upgrades and
mitigation measures required to reduce any adverse impacts of a
proposed development. In this assessment the TIS shall address
not just automobile flows, but also have the pedestrian as the first
priority and his/her use of other modes of mobility.
The study should include an analysis of other modes of
transportation such as cycling, walking, and transit and how these
modes of transportation will be promoted, accommodated or
impacted by the development.
This study may also include a parking analysis that may reduce the
number of spaces required by the zoning by-law. This reduction
could be contemplated when the site is adjacent to transit routes
and/or it can be supported by a shared parking analysis of demand
times by use.
AGRICULTURE
Statement of Any proposal for development or site alteration of a non-agricultural
Conformity with use within 500 metres of a livestock facility, or the establishment of
Minimum a new livestock facility, is required to use Minimum Distance
Distance Separation (MDS) formulae to determine a recommended distance
Separation between a livestock facility and another land use. MDS will vary
Information according to a number of variables including, but not limited to, type
of livestock, size of farm operation and type of proposed
development. MDS does not account for noise and dust.
SERVICING
.Grading, The purpose of a Grading, Drainage and Stormwater Management
Drainage and Report is to evaluate the effects of a proposed development on the
Stormwater stormwater and drainage pattern, and to recommend how to
Management manage rainwater/snowmelt for the proposed development.
Repo The report shall:
a) identify the quality and quantity impacts of the change in
stormwater runoff on existing infrastructure and watercourses
due to a proposed development;
b) determine improvements to municipal servicing infrastructure
required to support the proposed level of development, where
applicable ;
c) determine mitigation measures to minimize any negative
impacts on the drainage system; and
d) identify opportunities for enhancement of stormwater
management facilities and features in redevelopment sites.
The report shall be prepared in accordance with the standards,
51
Report General Description
requirements and criteria established by the Province, Municipality
and Conservation Authority.
Functional The purpose of the Functional Servicing Report is to evaluate the
Servicing Report impacts of a proposed development on Regional and Municipal
servicing infrastructure and utilities.
A functional servicing report is used as a guide to establish the
servicing requirements associated with a development. More
specifically, the requirements include:
® water suppiy for domestic and fire fighting purposes;
® sanitary servicing;
® stormwater management;
• safe vehicular access to the site: and
® utility servicing.
AGGREGATES
Ag__cregate An Aggregate Extraction Area Study shall address the study
Extraction Area requirements identified in Section 15.3.9.
Study
An Aggregate Rehabilitation Plan is required as part of the license
process under the jurisdiction of the Ministry of Natural Resources
pursuant to the Aggregate.Resources Act.
CULTURAL HERITAGE
Archaeological The purpose of an Archaeological Assessment is to ascertain the
Assessment presence or absence of archaeological resources.
Any proposal for development or site alteration in proximity to areas
with archaeological sites or having archaeological potential (as
assessed according to Ministry of Culture criteria) would, if found,
identify archaeological resources, evaluate the significance of these
resources, and provide strategies to mitigate the impact of
development on these resources, such as on-site preservation or
systematic removal. The assessment would also include
recommendations for conservation measures.
Cultural Heritage The Cultural Heritage Resource Impact Assessment is intended to
Resource Impact provide relevant information on the nature and significance of a
Assessment heritage property and develops the policy framework in which the
heritage property can be conserved.
Any proposal for the development of a heritage property designated
under the Ontario Heritage Act or of a property abutting a
designated heritage property would need to identify and evaluate
the impact of development or site alteration on the built heritage
resource and recommend appropriate impact mitigation measures
and conservation strategies, based on conservation and urban
design principles, and provide a statement of cultural significance.
52
Report General Description
URBAN DESIGN
Park Concept Any draft plan of subdivision where parkland is being dedicated to
Plan the Municipality shall include a Park Concept showing the program
indicated by the Municipality can be accommodated within the area
of the parkland being proposed within the draft plan.
Urban Design The purpose of an Urban Design Report is to evaluate the proposal
Report to ensure that the development blends with the neighbourhood or
advances the emerging character of a new or redeveloping
neighbourhood.
The Urban Design Report may be required for any development or
site alteration and would be a combination of text, plans, illustrative
sketch diagrams and photos. The report would describe the vision
or design intent, physical form, layout and design of the proposed
development.
The Urban Design Report will also illustrate the building massing
and articulation to establish the relationship between the building
and the street, pedestrian and transit linkages, landscape and
outdoor amenity areas, and lighting_
The Report will also demonstrate how the impacts on adjacent sites
are mitigated,including protecting significant-views and vistas,
limiting shadow 'Impacts on existing sunlight sensitive uses and
maintaining the privacy of those properties. It may also involve an
appropriate conceptualization of the future development of lands in
the vicinity of the subject site, as well as show existing conditions
and/or other concurrent proposals in the broader surrounding area.
Lighting/Photome The purpose of a Lighting/Photometric Plan is to provide an anal
tric Plan of the anticipated lighting levels on a proposed development site
and potential effects on nearby properties, features and the night
sky. Such a Plan is to be premised upon providing sufficient lighting
for site access and safety purposes which also minimizes energy
consumption, light pollution and visual impacts.
Any development or site alteration where proposed lighting may
affect adjacent or nearby land uses or environmental conditions,
perhaps due to variations in topography or.visibility, would be
required to submit a Lighting/Photometric Plan. This Plan is to
demonstrate how the development has been designed to conserve
energy, prevent adverse and off-site impacts for nearby properties,
sensitive land uses and infrastructure such as residential areas
green spaces, railways and roadways and avoid negative effects on
the night skV.
"Exhibit."A",Amendment No.77 To The Municipallity of Glarington Official plan",
Map A3, Land Use, Bowmanville Urban Area.
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