HomeMy WebLinkAbout2004-178
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2004- 178
being a By-Law to adopt Amendment No. 33 to the Clarington Official Plan
WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as 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
provisions of the Oak Ridges Moraine Conservation Plan;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That Amendment No. 33 to the Clarington Official Plan being the attached
Explanatory Text and Maps is hereby adopted;
2. That the Clerk of the Municipality of Clarington is hereby authorized and
directed to forward Amendment No. 33 to the Clarington Official Plan to the
Minister of Municipal Affairs and Housing for approval; and
3. This By-law shall come into force and take effect on the date of the passing
hereof.
By-Law read a first time this 28th
day of
June
2004
By-Law read a second time this 28th
day of
June
2004
By-Law read a third time and finally passed this 28th day of June 2004
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Amendment No. 33
OFFICIAL PLAN AMENDMENT NO. 33
CLARINGTON OFFICIAL PLAN
PURPOSE: The purpose of this amendment is to incorporate the provisions of the Oak
Ridges Moraine Conservation Plan (Ontario Regulation 140/02) into the
Clarington Official Plan, bringing the Clarington Official Plan into
conformity with the Oak Ridges Moraine Conservation Plan and with the
Durham Region Official Plan.
BASIS: The Oak Ridges Moraine is a dominant landscape feature supporting a
diverse range of species, habitat and important groundwater functions.
The Oak Ridges Moraine Conservation Plan is an ecologically based plan
the objectives of which are to protect the Moraine's ecological and
hydrological integrity, maintaining the Oak Ridges Moraine as a
continuous natural landform and to ensure that only those uses which
maintain, improve or restore the Moraine's integrity are permitted.
The boundary of the Oak Ridges Moraine has been established by the
Province of Ontario in Regulation 01/02, "Plan of the Boundary of the Oak
Ridges Moraine Area" as being the 245 metre contour line. The
Municipality of Clarington is required to undertake an Official Plan
Amendment to integrate the policies of the Oak Ridges Moraine
Conservation Plan into the Clarington Official Plan.
This amendment incorporates the policies of the Oak Ridges Moraine
Conservation Plan into the Clarington Official Plan. The policies of this
amendment will now govern development and land use in the Oak Ridges
Moraine. Lands currently designated Oak Ridges Moraine in the Official
Plan, but outside of the new Oak Ridges Moraine boundary, are
redesignated in Amendment No. 34 to the Clarington Official Plan.
This amendment includes:
· Adding the legislated Oak Ridges Moraine boundary to
Official Plan Maps
· Redesignation of all lands located above the new Oak
Ridges Moraine boundary
· The addition of 4 new maps to the Official Plan being Map
D1 and D2 - Natural Heritage System and Map E1 and E2 _.
Oak Ridges Moraine Landforms and Aquifer Vulnerability.
· Map G - Potential Aggregate Resources Areas has been
amended to reflect the provisions of the Oak Ridges Moraine
Conservation Plan
· Incorporating the environmental strategic policies in Chapter
4 of the Official Plan, including new study requirements, and
new subsections on Landform Conservation, Watersheds,
and Oak Ridges Moraine Trails.
June 10, 2004
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Amendment No. 33
· Deleting the existing Oak Ridges Moraine land use
designation and policies in the Official Plan and replacing it
in part with 2 new designations being "Natural Core Area"
and "Natural Linkage Area" designations and policies.
· Amending the severance policies to conform with the Oak
Ridges Moraine Conservation Plan.
. Adding new or revised definitions.
ACTUAL AMENDMENT: The Clarington Official Plan is hereby amended as follows:
1. By adding new section 4.3.5 as follows:
"4.3.5 The Municipality will endeavour to adopt a site alteration by-law to
regulate alteration to grade and/or the placemenUdepositing of fill in
environmentally protected areas, agricultural areas, and the Oak
Ridges Moraine. Regulation of fill coming into Clarington from
other municipalities may also be considered."
2. I n existing Section 4.4.1, by adding the words "and Map D" after each of the two
references to "Map C".
3. By deleting existing Sections 4.4.2 and 4.4.3.
4. By renumbering existing Section 4.4.4 as new Section 4.4.9 and in new Section
4.4.9 by deleting the word "significant" after the word "regarding"; by adding the
words "and hydrologically sensitive features" after the word "Features"; and by
adding the following words "or Map D" after the words "Map C".
5. By renumbering existing Section 4.4.5 as new Section 4.4.10 and in new Section
4.4.10 by deleting the word "significant" after the word "any"; and by adding the
words "and Map D" after the words "Map C".
6. By renumbering existing Section 4.4.6 as new Section 4.4.11 and in new Section
4.4.11 by deleting the word "significant" before the word "natural" for each of the
three occurrences of this word. and by adding the words "or Map D" after the
words "May C" for each of the two occurrences of these words; by replacing the
numbers "4.4.24" with the numbers "4.4.37," and by adding the words "or a
Natural Heritage Evaluation or Hydrological Evaluation pursuant to Sections
4.4.42 and 4.4.43" before the words "shall be required".
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Amendment No. 33
7. By renumbering existing Section 4.4.7 as new Section 4.4.12 and in new Section
4.4.12 by adding the following words "Natural Heritage Evaluation or a
Hydrological Evaluation" after the words "Impact Study," and by adding an "s" to
the word "Section" and by replacing the numbers "4.4.24" with the numbers
"4.4.41 or 4.4.42 or 4.4.43".
8. By renumbering existing Section 4.4.8 as new Section 4.4.13.
9. By adding new Sections 4.4.2, 4.4.3, 4.4.4, 4.4.5, 4.4.6, Table 4.1,4.4.7, and
4.4.8 as follows:
"4.4.2
The following natural heritage features and hydrologically sensitive
features form the significant components of the natural heritage
system. These are:
Natural Heritaqe Features
a) all evaluated wetlands
b) all Areas of Natural and Scientific Interest (ANSI), except for
the Bowmanville Quarry
c) all significant woodlands
d) all significant valleylands
e) fish habitat associated with wetlands and permanent
streams
f) significant portions of habitat of rare, threatened and
endangered species
g) rare vegetation communities, including sand barrens and
tallgrass prairie on the Oak Ridges Moraine
h) significant wildlife habitat
Hvdroloqicallv Sensitive Features
i) all evaluated wetlands
j) permanent streams
k) seepage areas and springs
4.4.3 The significant components of the natural heritage system in the
Oak Ridges Moraine includes the following natural heritage
features and hydrologically sensitive features in addition to those
identified in Section 4.4.2:
a) all unevaluated wetlands
b) fish habitat associated with intermittent streams or fish
habitat not associated with any other natural heritage
featu re
Hvdroloqicallv Sensitive Features
c) all unevaluated wetlands
d) intermittent streams
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4.4.4
4.4.5
4.4.6
Amendment No. 33
Other natural heritage features and hydrologically sensitive features
provide support to the significant components and are important to
maintaining the health and diversity of the natural heritage system.
These include:
Natural Heritaqe Features
a) all unevaluated wetlands (below the limit of the Oak Ridges
Moraine)
b) small woodlots and hedgerows
c) transitional woodlands
Hvdroloqicallv Sensitive Features
d) all unevaluated wetlands (below the limit of the Oak Ridges
Moraine)
e) intermittent streams (below the limit of the Oak Ridges
Moraine)
f) groundwater recharge areas
Within the Oak Ridges Moraine, all development and site alteration
with respect to land within a natural heritage feature and/or a
hydrologically sensitive feature identified in Sections 4.4.2, 4.4.3 or
4.4.4 or the related minimum vegetation protection zone as
identified in Table 4.1 is prohibited, except the following:
a) Forest, fish and wildlife management;
b) Conservation and flood or erosion control projects, but only if
they have been demonstrated to be necessary in the public
interest after all altematives have been considered;
c) Transportation, infrastructure, and utilities, but only if the
need for the project has been demonstrated and there is no
reasonable alternative;
d) Low intensity recreation.
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 in
accordance with Section 4.4.41 of this Plan. .
June 10, 2004
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Amendment No. 33
TABLE 4-1
Natural Heritage Features, Hydrologically Sensitive Features on the Oak Ridges
Moraine: Minimum Areas Of Influence and Minimum Vegetation Protection
Zones
Feature Minimum Area of Influence Minimum Vegetation Protection Zone
Wetlands All land within 120 metres of All land within 30 metres of any part of
any part of feature feature, subject to Section 4.4.42h)
Significant portions of All land within 120 metres of As determined by a Natural Heritage
habitat of endangered, any part of feature Evaluation carried out under Section
rare and threatened 4.4.42
species .
Fish habitat All land within 120 metres of All land within 30 metres of any part of
any part of feature feature, subject to Section 4.4.42 h)
Areas of natural and All land within 120 metres of As determined by a Natural Heritage
scientific interest (life any part of feature Evaluation carried out under Section
science) 4.4.42
Areas of natural and All land within 50 metres of As determined by an Earth Science
scientific interest (earth any part of feature Heritage Evaluation carried out under
science) Section 4.4.45
Significant valleylands All land within 120 metres of All land within 30 metres of stable top
stable top of bank of bank, subject to Section 4.4.42 h)
Significant woodlands All land within 120 metres of All land within 30 metres of the base of
any part of feature outermost tree trunks within the wood-
land, subject to Section 4.4.42 h)
Significant wildlife All land within 120 metres of As determined by a Natural Heritage
habitat any part of feature Evaluation carried out under Section
4.4.42
Sand barrens and All land within 120 metres of As determined by a Natural Heritage
tallgrass prairies any part of feature Evaluation carried out under Section
4.4.42 h)
Permanent and All land within 120 metres of All land within 30 metres of meander
intermittent streams meander belt . belt, subject to Section 4.4.43 c) and d)
Seepage areas and All land within 120 metres of All land within 30 metres of any part of
springs any part of feature feature, subject to Section 4.4. 43 c)
and d)
If more than one feature is identified on the subject lands, the provisions that are more
restrictive apply.
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Amendment No. 33
4.4.7 Approval of any development application within the Oak Ridges
Moraine shall ensure that natural self-sustaining vegetation will be
maintained or restored in order to protect anyon-site or adjacent
natural heritage feature or hydrologically sensitive feature.
4.4.8 In order to ensure corridor functions are maintained and where
possible improved or restored, every application for development or
site alteration shall identify planning, design and construction
practices that ensure that no buildings or other site alterations
impede the movement of plants and animals among natural
heritage features, hydrologically sensitive features and adjacent
land."
10. By renumbering existing Section 4.4.9 as new Section 4.4.14 and in new Section
4.4.14 by adding the following words "landform character," after the words
"scenic qualities,"
11. By deleting existing Section 4.4.10.
12. By adding new Sections 4.4.15, and 4.4.16 as follows:
"4.4.15
The geographic area of the Oak Ridges Moraine is identified on
Maps A,C,D,E and G. The boundary of the Oak Ridges Moraine
coincides with the "Plan of the Boundary of the Oak Ridges
Moraine Area" (O.Reg. 01/02). The limit of the boundary of the
Moraine applies to lands above the 245 ASL CGD contour line. In
the event of a question regarding the limit of the boundary, a
topographic survey by an Ontario Land Surveyor and based on filed
surveys tied to Ontario Geodetic Datum shall be required.
4.4.16
The ecological integrity of the Oak Ridges Moraine shall be
maintained and where possible improved or restored by;
a)
maintaining, and where possible improving or restoring, the
health, diversity, size, and connectivity of natural heritage
features, hydrologically sensitive features and the related
ecological functions;
maintaining the quantity and quality of groundwater and
surface water,
maintaining groundwater recharge,
maintaining natural stream form and flow characteristics,
protecting landform features,
maintaining or restoring natural self-sustaining vegetation
and wildlife habitat within the Natural Core Area,
maintaining, and where possible improving or restoring
natural self-sustaining vegetation over large parts of the area
to facilitate movement of plants and animals within the
Natural Linkage Areas, and
b)
c)
d)
e)
f)
g)
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Amendment No. 33
h) maintaining a natural continuous east-west connection and
additional connections to stream and river valleys north and
south of the Oak Ridges Moraine within the Natural Linkage
Areas."
13. By renumbering existing Section 4.4.11 as new Section 4.4.17 and in new
Section 4.4.17 by adding the following words "partially within" after the words "are
located"; by deleting the word "on" before the words "the Oak Ridges Moraine,";
by adding the words "and Map D." after the words "Map C"; and by deleting the
sentence "Council will investigate applying the Municipality's tree preservation by
law to the two Forests."
14. By adding new Section 4.4.18 as follows:
"4.4.18
The Municipality will partner with conservation authorities, the
provincial government and other appropriate stakeholders, to
develop and maintain a data management system to collect, store,
update and share natural heritage, water resources and
geotechnical information needed to interpret, apply and monitor the
policies within the Oak Ridges Moraine."
15. By deleting existing Sections 4.4.12 and 4.4;13.
16. By renumbering existing Section 4.4.14 as new Section 19.4.6 and by deleting
the words "Oak Ridges Moraine Natural Corridor and replacing them with the
words "Natural Linkage Area".
17. By renumbering existing Section 4.4.15 as new Section 4.4.27 and by adding the
following words at the end of the section "Wherever possible, the trail system
should be accessible to all, including persons with disabilities."
18. By renumbering existing Section 4.4.16 as new Section 4.4.19.
19. By adding a new title 'Watershed Plans and the Oak Ridges Moraine" before
Section 4.4.20.
20. By adding new Section 4.4.20 and 4.4.21 as follows:
"4.4.20 Within the Oak Ridges Moraine, major development for which a
development application is received on or after April 23, 2007, is
prohibited unless;
a) the watershed plan for .the relevant watershed has been
completed;
b) the major development conforms with the watershed plan;
c) a water budget and conservation plan prepared to the
satisfaction of the Region of Durham demonstrates that the
water supply required for the major development is sustainable.
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Amendment No. 33
4.4.21
Within the Oak Ridges Moraine, if an application for major
development commences prior to April 23, 2007, the application
shall not be approved unless;
a) a water budget and conservation plan prepared to the
satisfaction of the Region of Durham demonstrates that the'
water supply required for the major development is
sustainable or;
b) the applicant;
i) identifies any hydrologically sensitive features and
related hydrological functions on the site and how they
will be protected;
ii) demonstrates that an adequate water supply is available
for the development without compromising the ecological
integrity of the Oak Ridges Moraine; and
iii) provides, with respect to the site and such other land as
the approval authority considers necessary, a water
budget and water conservation plan that; characterizes
groundwater and surface water flow systems by means
of modeling, identifies the availability, quantity and quality
of water sources, and identifies water conservation
measures."
21. By adding a new title "Landform Conservation within the Oak Ridges Moraine"
before new Section 4.4.22.
22. By adding new Section 4.4.22, 4.4.23, Table 4-2, 4.4.24, 4.4.25 and 4.4.26 as
follows:
"4.4.22
The Oak Ridges Moraine possesses many landform features
including steep slopes, ravines and ridges that makes the Oak
Ridges Moraine a distinctive. landscape within the Municipality.
Council shall endeavor to maintain the form, character and variety
of landscapes within the Moraine by encouraging only minimal
modifications to the natural contours of the land and the retention of
natural landscape features such as woodlands. Within the Oak
Ridges Moraine, 2 categories of Landform Conservation Areas are
identified on Map E.
Except for proposed mineral aggregate extraction areas, an
application for development or site alteration within a Landform
Conservation Area 1 or 2 shall identify planning, design and
construction practices that will keep disturbance to landform
character to a minimum; maintain significant landform features such
as steep slopes, ravines and ridges in their natural undisturbed
form and ensure the following in accordance with Table 4-2:
4.4.23
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Amendment No. 33
TABLE 4-2 Landform Conservation Area - Maximum Disturbed Net Developable
Area
Landform Conservation Landform Conservation
Area 1 Area 2
Maximum net developable 25% of total area of site 50% of total area of site
area that may be disturbed
Maximum net developable 15% of total area of site 20% of total area of site
area that may have
impervious surfaces
4.4.24 Within the Oak Ridges Moraine, an application for major
development with respect to land in a landform conservation area
of category 1 or 2 as identified on Map E, shall be accompanied by
a Landform Conservation Plan in accordance with Section 4.4.44.
4.4.25 An application for development or site alteration, except with
respect to mineral aggregate extraction, that does not constitute
major development, with respect to land in a landform conservation
area of either category, shall be accompanied by a plan that;
a) identifies the areas within which all building, grading, and
related construction will occur;
b) minimizes the amount of site alteration required; and
c) provides for the protection of areas of natural and scientific
interest (earth science) in accordance with Section 4.4.45.
4.4.26 An application for an Aggregate Extraction Area, shall identify
means in the extraction and rehabilitation plans to create
compatible landforms and provide continuous forest cover where
reasonably practicable."
23. By renumbering the following existing sections:
a. Existing Section 4.4.17 as new Section 4.4.30
b. Existing Section 4.4.18 as new Section 4.4.31
c. Existing Section 4.4.19 as new Section 4.4.32
d. Existing Section 4.4.20 as new Section 4.4.33
e. Existing Section 4.4.21 as new Section 4.4.34
f. Existing Section 4.4.22 as new Section 4.4.35
g. Existing Section 4.4.23 as new Section 4.4.36.
24. By deleting existing Sections 4.4.28 and 4.4.29.
25. By adding a new title "Oak Ridges Moraine Trail System" before new Section
4.4.27.
26. By adding new Sections 4.4.28 and 4.4.29 as follows:
"4.4.28
The Oak Ridges Moraine Trail System shall be designed to
maintain and, where possible, improve or restore the ecological
integrity of the Oak Ridges Moraine. The trail system shall be
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Amendment No. 33
located in the Natural Core Area and Natural Linkage Area as much
as possible.
4.4.29
Notwithstanding the provIsions of this Plan, the following are
permitted on the trail system:
a) Non-motorized trail uses except the use of motorized
wheelchairs by persons who need them;
b) Parking, signage, washrooms and interpretive facilities to
support access to the trail system;
c) Fencing to define and protect the trails;
d) Works to improve access to the trail system and remove
barriers to its use, for the benefit of all including persons with
disabilities;
e) Works to protect ecologically sensitive portions of the trail
system;
f) Conservation and erosion control to protect or restore
natural heritage features and hydrologically sensitive
features and related ecological functions along the trail
system."
27. By adding a new title "Studies" before new Section 4.4.37.
28. By renumbering existing Section 4.4.24 as new Section 4.4.37, by deleting the
word "significant and by replacing the numbers "4.4.6" with "4.4.11 ".
29 In new Section 4.4.37 a) by deleting the words "their sensitivity and their
significance".
30. In new Section 4.4.37 b) by deleting the words "sensitive or significant".
31. In new Section 4.4.37 e) by deleting the words "negative effects" and replace
with the words "adverse affects".
32. By renumbering existing Section 4.4.25 as new Section 4.4.38 and by adding the
words "below the limits of the Oak Ridges Moraine," after the word "proposals",
and by deleting the words "Section 4.4.24" and replacing them with the words
"Section 4.4.37".
33. By renumbering existing Section 4.4.26 as new Section 4.4.39 and by adding the
words "or Map D" after the words "Map C", by deleting the word "significance"
before the word "woodland", and by deleting the words "Section 4.4.24" and
replacing them with the words "Section 4.4.37 or Section 4.4.42"; and by adding
the words "Conservation Authorities," after the word "Municipality".
34. By renumbering existing Section 4.4.27 as new Section 4.4.40 and by deleting
the words "Section 4.4.24" and replacing them with the words "Section 4.4.37".
35. By deleting existing Section 4.4.28.
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Amendment No. 33
36. By adding new Section 4.4.41, 4.4.42, 4.4.43, 4.4.44 and 4.4.45 as follows:
"4.4.41 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 heritage feature or hydrological sensitive
feature as identified in Sections 4.4.2, 4.4.3 or 4.4.4. of this Plan.
The minimum area of influence is identified in Table 4-1 of this
Plan. The study shall demonstrate how the specific planning,
siting, design or construction practices for the proposed
development would maintain or enhance the ecological integrity of
the Moraine, including the natural heritage, water resources and
landform conservation systems. The Municipality may select and
retain qualified professional expertise to prepare the study or peer
review a study with the expense being borne by the proponent.
4.4.42
Where development or site alteration may be permitted in
accordance with Section 4.5.15 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 accordance with the above provisions.
In accordance with Section 4.4.41, a Natural Heritage Evaluation
for any development or site alteration within the Oak Ridges
Moraine shall:
. a) provide an inventory of vegetation and wildlife habitat on and
within the vicinity of the proposed development site;
a) provide a comprehensive survey of wildlife use of the
proposed development site and adjacent lands;
b) 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
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4.4.43
4.4.44
Amendment No. 33
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;
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 Govemment of Ontario,
as amended from time to time.
In accordance with Section 4.4.41, a Hydrological Evaluation shall
also be conducted for any development or site alteration within the
Oak Ridges Moraine. This evaluation shall:
a) demonstrate that the development or site alteration will have
no adverse effects on the hydrologically 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) 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 Conservation Plan shall include
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;
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. analysis of the site by slope type (for example, moderate or
steep );
. significant landform features such as ravines and ridges;
and
. 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 grading techniques.
4.4.45
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 that,
a) identifies 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) determines 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."
37. By renumbering the following existing Sections:
a. Existing Section 4.5.7 as new Section 4.5.11
b. Existing Section 4.5.8 as new Section 4.5.12.
38. By adding new Sections 4.5.7, 4.5.8, 4.5.9 and 4.5.10 as follows:
"4.5.7
The headwaters of many of the rivers, creeks and streams in
Clarington originate within the Oak Ridges Moraine. In addition to
protecting drinking water sources, protection of the quality and
quantity of groundwater is key in ensuring the ecological integrity of
natural features and functions, including hydrological features.
4.5.8
Maintaining, improving and restoring the water resources within the
Oak Ridges Moraine is important in ensuring that the overall
ecological integrity of the Oak Ridges Moraine is achieved. Areas
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of high aquifer vulnerability within the Oak Ridges Moraine are
identified on Map E. Additional information may become available
through detailed evaluation or further study. Map E may be revised
to incorporate such additional information without the need for an
amendment to this Plan.
4.5.9
The following uses are prohibited in areas of high aquifer
vulnerability :
a) Generation and storage of hazardous waste or liquid
industrial waste;
b) Waste disposal sites and facilities, organic soil conditioning
sites, and snow storage and disposal facilities;
c) Underground and above-ground storage tanks that are not
equipped with an approved secondary containment device.
d) Storage of a contaminant listed in Schedule 3 (Severely
Toxic Contaminants) to Regulation 347 of the Revised
Regulations of Ontario, 1990.
4.5.10
Wells providing municipal water services are not presently located
on the Oak Ridges Moraine within the Municipality of Clarington.
The establishment of new wells for municipal water services will
require the identification of wellhead protections areas around the
new well. Should a municipal well become established within the
Oak Ridges Moraine, a wellhead protection area as detailed within
the Oak Ridges Moraine Conservation Plan and the Region of
Durham Official Plan shall be incorporated into this Plan by
amendment"
39. By adding new Section 4.5.13 as follows:
"4.5.13
Notwithstanding Section 4.5.12 the clearing of woodlots on the Oak
Ridges Moraine is not permitted within natural heritage features,
hydrologically sensitive features or the related minimum vegetation
protection zone as identified in Table 4-1 unless the land was being
used for agricultural uses priorto and on November 15, 2001."
40. By renumbering existing Section 4.5.9 as new Section 4.5.14 and in new Section
4.5.14 by deleting the words "Section 4.5.10" and "Section 4.5.11" and replacing
them with the words "Section 4.5.15" and "Section 4.5.16" respectively.
41. By renumbering existing Section 4.5.10 as new Section 4.5.15 and in new
Section 4.5.15 by deleting the words "provincially significant" before the word
"wetlands", by deleting the words "provincially significant" before the word
"ANSls", by deleting the word "transitional" and replacing it with the words "early
successional" before the word "woodlands", by adding the words "intermittent
streams, fish habitat and seepage areas and springs" after the words "permanent
streams,", by adding the word "rare" before the word "threatened" and by adding
the following phrases as new bullets "significant wildlife habitat", "sand barrens
and tallgrass prairies", "Natural Core Areas as identified on Map A".
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42. By renumbering existing Section 4.5.11 as new Section 4.5.16.
43. By renumbering existing Section 4.5.12 as new Section 4.5.17 and in new
Section 4.5.17 by deleting the words "Section 4.5.10" and "Section 4.5.11"
replacing these words with the words "Section 4.5.15" and "Section 4.5.16"
respectively.
44. By deleting existing Section 4.5.13.
45. By adding new Section 4.5.18 as follows:
"4.5.18
Notwithstanding Sections 4.4.5, 4.5.15 and 15.3.11 c) of this Plan,
an application for amendment to this Plan for a proposed
Aggregate Extraction Area or expansion to an existing Aggregate
Extraction Area with respect to land in a natural heritage feature
shall not be approved unless the applicant demonstrates that:
a) the natural heritage feature is occupied by young plantations
or early successional habitat;
b) in accordance with Section 4.4.41 of this Plan, the long-term
ecological integrity of the Oak Ridges Moraine will be
maintained, or where possible improved or restored;
c) the extraction of mineral aggregates from the area within the
natural heritage feature will be completed, and the area will
be rehabilitated, as early as possible in the life of the
operation;
d) the area from which mineral aggregates are extracted will be
rehabilitated by establishing or restoring natural self-
sustaining vegetation of equal or greater ecological value;
and
e) all other requirements and policies of this Official Plan are
complied with."
46. By renumbering the following existing Sections
a. Existing Section 4.5.14 as new Section 4.5.19
b. Existing Section 4.5.15 as new Section 4.5.20
47. By renumbering existing Section 4.5.16 as new Section 4.5.21 and in new
Section 4.5.21 by deleting the words "as identified on Map A" before the words
"Such plans".
48. By renumbering the following existing sections:
a. Existing Section 4.5.17 as new Section 4.5.22;
b. Existing Section 4.5.18 as new Section 4.5.23;
c. Existing Section 4.5.19 as new Section 4.5.24;
d. Existing Section 4.5.20 as new Section 4.5.25;
e. Existing Section 4.5.21 as new Section 4.5.26;
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49. By renumbering existing Section 4.5.22 as new Section 4.5.27 and in new
Section 4.5.27 by adding the words "Natural Core Area" after the words "Rural
Settlement Area" and by deleting the words "Section 4.5.10" and replacing them
with the following words "Section 4.5.15, except in accordance with Section
4.5.18".
50. By renumbering existing Section 4.5.23 as new Section 4.5.28 and in new
Section 4.5.28 by adding the words "Natural Core Area or Natural Linkage Area"
after the words "Environmental Protection Area" and by deleting the words
"Section 4.5.10" and replacing them with the words "Section 4.5.15.
51. By renumbering existing Section 4.5.24 as new Section 4.5.29 and in new
Section 4.5.29 by deleting the words "Section 4.5.22 and 4.5.23" replacing them
with the words "Section 4.5.27 and 4.5.28".
52. In existing Section 4.6.1, by deleting the words "Map D" for each occurrence of
these words and replacing them with the words "Map F".
53. In existing Section 4.6.1 0, by deleting the words "Map D" and replacing them with
the words "Map F".
54. In existing Section 4.7.2, by deleting the words "Section 4.4.24" and replacing
them with the words "Section 4.4.37".
55. In existing Section 9.3.1 by deleting the words "Map E" and replacing them with
the words "Map H".
56. In existing Section 9.4.3 by deleting the words "Map E" and replacing them with
the words "Map H".
57. In existing Section 9.4.5 by deleting the words "Map E" and replacing them with
the words "Map H".
58. In existing Section 10.3.1 by deleting the words "Map E" and replacing them with
the words "Map H".
59. In existing Section 12.4.3, by adding the following sentence as a new paragraph
at the end of the section "In addition to satisfying the above, applications for plan
of subdivision within a Hamlet located in the Oak Ridges Moraine shall also
satisfy the requirements of Chapter 4 of this Plan."
60. In existing Section 13.3.1, by adding the following sentence after the sentence
ending in the words "are designated on Map A", "Unless otherwise stated, the
policies within Chapter 4 are applicable on lands designated Prime Agricultural
Area and General Agricultural Area located within the limits of the Oak Ridges
Moraine as shown on Map A"
61. In existing Section 13.3.4, by deleting the word "Golf' and by replacing it with the
words "Except within the Oak Ridges Moraine, golf' at the beginning of the
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existing sentence which starts as "Golf courses may be permitted in Agricultural
Areas".
62. In existing Section 13.3.7, add the following words after the sentence ending in
the words "lot area of 20 hectares", "Within the limits of the Oak Ridges Moraine
it shall be demonstrated that the second dwelling will not adversely affect the
ecological integrity of the Oak Ridges Moraine in accordance with Chapter 4 of
this Plan.
63. In existing Section 14.2.2, by adding the words "and throughout the Oak Ridges
Moraine" at the end of this section.
64. In existing Section 14.2.4, by adding the word "area" after the words "Oak Ridges
Moraine".
65. In existing Section 14.3.1, by deleting the words "the Oak Ridges Moraine
Greenway" and replacing them with the words "Natural Core Areas, Natural
Linkage Areas,".
66. In existing Section 14.4.2, by replacing the word "in" with the words "on lands
designated", and by replacing the word "passive" with the words "low-intensity"
before the word "recreation", and by adding the words "forest, fish and wildlife
management or" after the words "uses related to".
67. In existing Section 14.4.3, by adding the words "With the exception of lands
designated Environmental Protection Area. within the Oak Ridges Moraine, all
other lands designated" to the beginning of the section, and by deleting the word
"The" before the words "Environmental Protection Area" and by deleting the word
"designation" after the words "Environmental Protection Area", and by adding to
the end of the section the following words ''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
accordance with Section 4.4.42 and 4.4.43 of this Plan."
68. In existing Section 14.4.4, by adding the words "With the exception of designated
Environmental Protection Areas in the Oak Ridges Moraine," by deleting the
word ''The'' before the word "extent" and by adding to the end of the section the
words "Within the Oak Ridges Moraine, the areas designated Environmental
Protection shall include those features identified in Sections 4.4.2 and 4.4.3 of
this Plan and the established minimum vegetative buffer zone as described in
Table 4-1 of this Plan."
69. In existing Section 14.5.1, by deleting the words "Oak Ridges Moraine
Greenway" and replacing them with the words "Natural Core Area, Natural
Linkage Area".
70. By deleting existing Section title "14.6 Oak Ridges Moraine" and by adding new
Section title "14.6 Natural Core Area".
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71. By deleting existing Section 14.6.1 and replacing it with the following new Section
14.6.1:
"14.6.1
The Natural Core Area as designated on Map A possesses a high
concentration of natural heritage features, hydrologically sensitive
features or landform conservation areas. The maintenance,
restoration or improvement to the health, size, diversity and
connectivity of these features and areas is critical in ensuring the
ecological integrity of the moraine."
72. By deleting existing Section 14.6.2.
73. By adding new Sections 14.6.2, 14.6.3 and 14.6.4 as follows:
"14.6.2
The Natural Core Areas shall be used only for agricultural uses,
low-intensity recreation, unserviced parks and uses related to fish,
wildlife and forest management, conservation projects, and flood
and erosion control projects having regard for the provisions of
Chapter 4 .
14.6.3
Where lands have a dual designation of Natural Core Area and
Environmental Protection Area on Map A the permitted uses and
associated policies of the Environmental Protection Area shall
prevail.
14.6.4
Small-scale structures accessory to low-intensity recreational uses,
such as trails boardwalks, foot bridges, fences, docks and picnic
facilities, are permitted only if the applicant demonstrates that the
adverse effects on the ecological integrity of the Plan Area will be
kept to a minimum by,
a) keeping disturbed areas to a minimum; and
b) avoiding the most sensitive portions of the site, such as
steep slopes, organic soils and significant portions of the
habitat of endangered, rare or threatened species."
74. By renumbering existing Section 14.6.3 as new Section 14.6.5 and by deleting
the words "Oak Ridges Moraine Greenway" and replacing them with the words
"Natural Core Area" and by deleting the words "Section 4.4.9 through to 4.4.16,
and Section 4.4.28" and replacing them with the words "Chapters 4, 12, 13 and
23".
75. By adding a new section title "14.7 Natural Linkage Area".
76. By adding new Sections 14.7.1, 14.7.2, 14.7.3, 14.7.4 and 14.7.5 as follows:
"14.7.1
The Natural Linkage Area as designated on Map A forms part of a
corridor system that supports, or have the potential to support, the
movement of plants and animals between the Natural Core Areas,
Natural Linkage Areas and stream corridors. Protection of these
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Amendment No. 33
critical natural and open space linkages is essential in ensuring the
movement of plants and animals between core areas and stream
corridors.
14.7.2
The Natural Linkage Areas shall be used only for agricultural uses,
home-based occupations, home industries, bed and breakfast
establishments, farm vacation homes, low-intensity recreational
uses, unserviced parks, and uses related to fish, wildlife and forest
management, conservation projects, and flood and erosion control
projects.
14.7.3
The permitted uses and associated policies of the Environmental
Protection Area shall prevail.
14.7.4
Small-scale structures accessory to low-intensity recreational uses
may be permitted in accordance with Section 14.6.4.
14.7.5
In addition to the other policies of the Plan, the Natural Linkage
Area is subject to the policies set out in Chapters 4, 12, 13, 15 and
23 of this Plan."
77. By renumbering existing section title "14.7 WATERFRONT GREENWAY" as new
section "14.8 WATERFRONT GREENWAY".
78. By renumbering the following existing sections:
a. Existing Section 14.7.1 as new Section 14.8.1;
b. Existing Section 14.7.2 as new Section 14.8.2.
79. By renumbering existing Section 14.7.3 as new Section 14.8.3 and by deleting
the words "Map D" and replacing them with the words "Map F".
80. In existing Section 15.3.2, by adding the following sentence after the sentence
ending in the words "an amendment to this Plan", "An existing mineral aggregate
operation within a Natural Core Area may not be expanded beyond the boundary
of the area under licence or permit."
81. In existing Section 15.3.5, by deleting the words "Sections 4.5.23" and replacing
them with the words "Sections 4.5.28".
82. In existing Section 15.3.7, by deleting the words "Sections 4.4.24,4.4.25,4.4.26,
4.4.28" and replacing them with the words "Section 4.4.37, 4.4.38, and 4.4.41"
and by deleting the numbers "4.4.29" and replacing them with the numbers
"4.4.42".
83. In existing Section 15.3.9(g), by deleting the words "Section 4.4.29 a) to f)" and
replacing them with the words "Section 4.4.42", by deleting the words "Oak
Ridges Moraine Natural Corridor" and replacing them with the words "Natural
Linkage Area", and by deleting the words "Map C" and replacing them with the
words "Map A".
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84. In existing Section 15.3.9(h), by adding the words "15.3.11, to 15.3.14 inclusive"
at the end of the sentence.
85. By renumbering the following existing Sections
a. Existing Section 15.3.11 as new Section 15.3.15
b. Existing Section 15.3.12 as new Section 15.3.16
c. Existing Section 15.3.13 as new Section 15.3.17;
86. By adding new Sections 15.3.11, 15.3.12, 15.3.13, and 15.3.14 as follows:
"15.3.11
Within the Oak Ridges Moraine, an application for amendment to
this Plan for a proposed Aggregate Extraction Area shall not be
approved unless the applicant demonstrates,
a) that the quantity and quality of groundwater and surface
water in the Oak Ridges Moraine will be maintained and,
where possible, improved or restored;
b) that as much of the site as possible will be rehabilitated by
establishing or restoring natural self-sustaining vegetation or
rehabilitated in accordance with Section 15.3.17 of this Plan
if applicable;
c) if there are natural heritage features on the site or on
adjacent land, that their health, diversity, size and
connectivity will be maintained and, where possible,
improved or restored in accordance with Section 4 of this
Plan; and
d) if there are areas of natural and scientific interest (earth
science) on the site or on adjacent land, that the geological
or geomorphological attributes for which they were identified
will be protected.
15.3.12
Within the Oak Ridges Moraine, an application for amendment to
this Plan for a proposed Aggregate Extraction Area with respect to
land in a Natural Linkage Area shall not be approved unless the
applicant demonstrates,
a) that there will be compliance with Section 15.3.11 of this
Plan;
b) that there will be no extraction within 1.5 metres of the water
table;
c) that the extraction of mineral aggregates from the site will be
completed as quickly as possible;
d) that the site will be rehabilitated in stages as quickly as
possible; and
e) that the entire site will be rehabilitated by establishing or
restoring natural self-sustaining vegetation or rehabilitated
in accordance with Section 15.3.17 of this Plan if applicable.
15.3.13
In order to maintain connectivity, when an Aggregate Extraction
Area is located in a Natural Linkage Area, there shall at all times be
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an excluded area (which, for greater certainty, may contain both
undisturbed land and land whose rehabilitation is complete) that,
a) is at least 1.25 kilometres wide;
b) lies outside the active or unrehabilitated portions of the area
being used; and
c) connects parts of the Natural Linkage Area outside the
aggregate extraction area.
15.3.14
Within the Oak Ridges Moraine, an application for amendment to
this Plan for a proposed Aggregate Extraction Area with respect to
land in a landform conservation area (Category 1 or 2) shall not be
approved unless the applicant demonstrates,
a) that the area from which mineral aggregates are extracted
will be rehabilitated to establish a landform character that
blends in with the landform patterns of the adjacent land;
and
b) in accordance with Section 4.4.39 of this Plan, that the long-
term ecological integrity of the Oak Ridges Moraine will be
maintained, or where possible improved or restored."
87. In new Section 15.3.15(d), by deleting the words "Section 15.3.12" and replacing
them with the words "Section 15.3.16".
88. In new Section 15.3.15(e), by deleting the words "Section 15.3.13" and replacing
them with the words "Section 15.3.17".
89. In existing Section 16.2.2, by adding the following sentence after the sentence
ending in "June 5, 1991", "Any expansion to existing uses, the establishment of
new buildings or facilities, shall be in accordance with the policies associated
with the Environmental Protection Area and Natural Linkage Area designations
and Chapler 4 of this Plan."
90. By adding new Sections 19.3.10,19.3.11,19.3.12,19.3.13,19.3.14, and 19.3.15
as follows:
"19.3.10
Within the Oak Ridges Moraine, transportation uses shall include
public highways, transit lines, railways and related facilities,
bridges, interchanges, stations and other structures above and
below ground that are required for the construction, operation of
these uses and any rights of ways required for these facilities.
19.3.11
An application for a transportation use with respect to land in a
Natural Linkage Area shall not be approved unless the need for the
project has been demonstrated and there is no reasonable
alternative and the applicant demonstrates that the following
requirements will be satisfied, to the extent that is possible while
also meeting all applicable safety standards:
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19.3.13
19.3.14
Amendment No. 33
a) The area of construction disturbance will be kept to a
minimum;
b) Right of way widths will be kept to the minimum that is
consistent with meeting other objectives such as stormwater
management and with locating as many transportation,
infrastructure, and utility uses within a single corridor as
possible;
c) The project will allow for wildlife movement;
d) Lighting will be focused downwards and away from Natural
Core Areas;
e) The planning, design and construction practices adopted will
keep any adverse effects on the ecological integrity of the
Oak Ridges Moraine to a minimum.
An application for a transportation use with respect to land in a
Natural Core Area shall not be approved unless the applicant
demonstrates that,
a) the requirements of Section 19.3.11 have been met;
b) the project does not include and will not in the future require
a highway interchange or a transit or railway station in a
Natural Core Area; and
c) the project is located as close to the edge of the Natural
Core Area as possible.
Except as permitted in Section 19.3.14, with respect to land in a
natural heritage feature or a hydrologically sensitive feature, all new
transportation uses and upgrading or extension of existing
transportation uses, including the opening of a road within an
unopened road allowance, are prohibited.
Transportation uses may be permitted to cross a natural heritage
feature or a hydrologically sensitive feature if the applicant
demonstrates that,
a) the need for the project has been demonstrated and there is
no reasonable alternative;
b) the planning, design and construction practices adopted will
keep any adverse effects on the ecological integrity of the Oak
Ridges Moraine to a minimum;
c) the design practices adopted will maintain, and where possible
improve or restore, ecological and recreational linkages,
including the trail system referred to Section 4.4.28;
d) the landscape design will be adapted to the circumstances of
the site and use native plant species as much as possible,
especially along rights of way; and
e) the long-term landscape management approaches adopted
will maintain, and where possible improve or restore, the
health, diversity, size and connectivity of the natural heritage
feature or hydrologically sensitive feature.
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19.3.15
Service and utility trenches for transportation uses shall be
planned, designed and constructed so as to keep disruption of the
natural groundwater flow to a minimum."
91. By renumbering existing Section19.4.4 as new Section 19.4.5 and by deleting the
sentence "The corridor for the future Highway 407 is designated on Map A as
Green Space.", and by deleting the word "Highway" before the words "shall
serve" and replace with the words "future Highway 407".
92. By adding new Section 19.4.4 as follows:
"19.4.4 The alignment of future Highway 407 as shown on the maps to this
Official Plan relect the technically preferred route as determined in
accordance with the technical studies prepared by the Province
during the early 1990s. The need for future Highway 407 and the
alignment through the Municipality of Clarington is currenly under
investigation. The fact that an alignment is shown on the maps to
this Official Plan does not reflect Municipal policy or Municipal
support for the establishment of future Highway 407."
93. By adding new Section 20.2.7 as follows:
"20.2.7 The objectives of a stormwater management plan are to,
a) maintain groundwater quantity and flow and stream
baseflow;
b) protect water quality;
c) protect aquatic species and their habitat;
d) prevent increases in stream channel erosion; and
e) prevent any increase in flood risk."
94. By adding new section title "20.3 Stormwater Management within the Oak Ridges
Moraine".
95. By adding new Sections 20.3.1,20.3.2,20.3.3,20.3.4,20.3.5,20.3.6,20.3.7, and
20.3.8 as follows:
"20.3.1
In addition to the policies set out below, stormwater management
facilities within the Oak Ridges Moraine shall also be subject to the
policies of Sections 19.3.11 to 19.3.15 of this Plan.
20.3.2
Within the Oak Ridges Moraine, the following objectives shall be
maintained:
a) a minimum of 30% of the area in a subwatershed has self-
sustaining vegetation; and
b) 80% of suspended solids shall be removed from stormwater
runoff as a long-term average for water quality.
20.3.3
All development and site alteration within a subwatershed in the
Oak Ridges Moraine shall be prohibited if the total percentage of
the area of the subwatershed to have impervious surfaces would
exceed;
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20.3.5
20.3.6
20.3.7
20.3.8
Amendment No. 33
a) 10% or
b) any lower percentage as specified in the applicable watershed
plan as a result of the developrnent application.
Stormwater management plans for lands within the Oak Ridges
Moraine shall be prepared in accordance with the applicable
watershed plan and shall provide for an integrated treatment train
approach that uses a planned sequence of methods of controlling
stormwater and keeping its impact to a minimum using techniques
such as:
a) devices and designs that direct roof discharge to rear yard
ponding areas;
b) conveyance controls such as grassed swales; and
c) end-of-pipe controls such as wet ponds at the final discharge
stage.
To minimiZe stonmwater volumes and contaminant loads,
applications for development or site alteration within the Oak
Ridges Moraine shall reduce impervious surfaces and limit
disruption to naturalized areas. Applicants shall seek methods to
increase the amount of area to be retained in a natural undisturbed
state.
Within the Oak Ridges Moraine, every application for development
or site alteration excepting Aggregate Extraction Areas, shall
demonstrate that planning, design and construction practices that
protect water resources will be used, including,
a) keeping the removal of vegetation, grading and soil
compaction to a minimum;
b) keeping all sediment that is eroded during construction
within the site;
c) seeding or sodding exposed soils as soon as possible after
construction; and
d) keeping chemical applications to suppress dust and control
pests and vegetation to a minimum.
Within the Oak Ridges Moraine, municipal development standards
shall incorporate planning, design and construction practices that
will,
a) reduce the portions oflots and sites that have impervious
surfaces; and
b) provide the flexibility to use alternative stonmwater management
techniques such as directing roof discharge to rear yard
ponding areas and using grassed swales.
Despite anything else in this Plan, within the Oak Ridges Moraine,
new stormwater management ponds are prohibited with respect to
land in natural heritage features and hydrologically sensitive
features, and shall be subject to Section 4.4.6 of this Plan. Also,
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new rapid infiltration basins and new rapid infiltration columns are
prohibited within the Oak Ridges Moraine."
96. By amending existing Section 21.2.2 by deleting the word "and" after the words
"Central Area"; by adding the word "and" after the words "provincial approvals"
and by adding the following:
"e) it complies with the policies of Section 19.3.11 to 19.3.15
inclusive as appropriate and relevant for the proposed utility,
facility or corridor."
97. In existing Section 23.1.4 by adding the words "provincial policy and" after the
words "continues to embody".
98. In existing Section 23.2.3(c), by adding the words "with the exception of the
South limit of the Oak Ridges Moraine which has been established by the
Province as Ontario Regulation 140102" after the words "base information on any
Map".
99. In existing Section 23.2.5(d), by deleting the words "Section 4.4.24" and
replacing them with the words "Section 4.4.37".
100. By deleting existing Section 23.5.4 and by amalgamating Section 23.5.4 into the
end of existing Section 23.5.3 as follows:
"23.5.3
This Official Plan shall not limit the authority of Council to pass a
by-law permitting the extension or enlargement of legal non-
conforming uses, buildings or structures. Prior to passing a by-law
to recognize the continuation, expansion or enlargement of non-
conforming use, or the variations to similar uses, Council shall be
satisfied that
a) it is not feasible to relocate the existing use;
b) it does not aggravate the situation created by the existence
of the use, especially in regard to the policies of this Plan
and the requirements of the implementing Zoning By-law;
c) the size is appropriate in relation to the existing legal non-
conforming use;
d). it does not generate noise, vibrations, fumes, smoke, dust,
odours, or lighting so as to create a public nuisance or health
hazard;
e) the neighbouring conforming uses are protected, where
necessary, by the provision of landscaping, buffering,
screening and other measures; and
f) it shall not adversely affect traffic, access or parking
conditions in the vicinity. "
101. By adding new Sections 23.5.4, 23.5.5, and 23.5.6, 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
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23.5.6
Amendment No. 33
expansion of an institutional l,Ise or the conversion of an existing
use to a similar use, 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 accordance with Section 4.4.41 of
this Plan, that the expansion will not adversely affect the
ecological integrity of the Oak Ridges Moraine.
Nothing in this Plan shall prevent the reconstruction within a
reasonable time frame, within the same location and dimensions, of
an existing building or structure that is damaged or destroyed by
causes beyond the owner's control, and the reconstructed building
or structure shall be deemed to be an existing building or structure
if there is no change in use and no intensification of the use.
If an existing use has adverse effects on the ecological integrity of
the Oak Ridges Moraine or a natural heritage feature, any
application to expand the building, structure or use or to convert the
existing use to a similar use shall be considered with the objective
of bringing the use into closer conformity with this Plan."
102. In existing Section 23.7.1 k) by deleting the words "Section 4.5.15" and replacing
them with the words "Section 4.5.21".
103. By adding new Sections 23.7.2, 23.7.3, 23.7.4, and 23.7.5 as follows:
"23.7.2
23.7.3
Severances to facilitate conveyances to public bodies or non-profit
entities for natural heritage conservation are permitted."
Creation of individual parcels of land by severance in the Oak
Ridges Moraine are subject to Sections 23.7.1,4.4.41 and Table
4.1 of this Plan and the following where applicable:
a) For a severance from a rural lot, of a farm retirement lot or a lot
for a residence surplus to a farming operation only, a cumulative
total of one such severance for each rural lot may be permitted.
All consents granted on or after January 1, 1994 are included in
the calculation of the cumulative total.
b) Severance from each other of two or more rural lots that have
merged in title, the severance shall follow the original lot lines or
original half lot lines.
c) Severance facilitating land acquisition for transportation,
infrastructure, and utilities, but only if the need for the project
has been demonstrated and there is no reasonable alternative.
d) Severance facilitating the addition of adjacent land to an existing
lot, but only if the adjustment does not result in the creation of a
lot that is undersized for the purpose for which it is being or may
be used.
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e) Severance from each other of parts of a lot that are devoted to
different uses, but only if the uses are legally established at the
time of the application for severance."
23.7.4
Notwithstanding Section 23.7.2 a lot may be created in the Oak
Ridges Moraine only if there is enough net developable area on
both the severed lot and the retained lot to accommodate proposed
uses, buildings and structures and accessory uses without
encroachment on any natural heritage features or hydrologically
sensitive features.
23.7.5
When a lot is created in accordance with Sections 23.7.2 and
23.7.3 the Municipality shall enter into a site plan agreement or
other agreement with the applicant to establish conditions requiring
that natural self-sustaining vegetation be maintained or restored in
order to ensure the long-term protection of any natural heritage
features and hydrologically sensitive features on the lot"
104. By adding new Section 23.9.2 as follows:
"23.9.2 Within the Oak Ridges Moraine, the use, erection or location of a
single detached dwelling may be considered if:
a) the use, erection and location would have been permitted by
the Zoning By-law on November 15, 2001 ;
b) the location has frontage on an open and maintained public
road;
c) authorization from the Conservation Authority is provided;
and
d) the applicant demonstrates, in accordance with Section
4.4.41 of this Plan, to the extent possible, that the use,
erection and location will not adversely affect the ecological
integrity of the Oak Ridges Moraine ."
1 05. By adding new Section 24.8 as follows:
"24.8 Where the policies of this Plan contradict the policies of the Oak
Ridges Moraine Conservation Plan, the policies of the Oak Ridges
Moraine Conservation Plan shall prevail. In those cases where the
provisions of this Official Plan are more restrictive, such restrictive
provisions shall apply with the exception of policies related to
agriculture and aggregate extraction areas."
106. By renumbering the following existing sections
a. Existing Section 24.8 as new Section 24.9
b. Existing Section 24.9 as new Section 24.10
c. Existing Section 24.10 as new Section 24.11
d. Existing Section 24.11 as new Section 24.12
e. Existing Section 24.12 as new Section 24.13
f. Existing Section 24.13 as new Section 24.14
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107. In new Section 24.14 amend the definition of "Adjacent", by adding the words
"and Map D" after the words "Map C", ;:md by deleting the words "negative
impact" and replacing them with the words "adverse effect".
108. In new Section 24.14 add the following new definitions:
"Adverse Effect
Means any impairment, disruption, destruction or harmful alteration.
Adversely Affect
Means to have an adverse effect on.
Agricultural Uses - (Oak Ridges Moraine)
Means
(a) growing crops, including nursery and horticultural crops,
(b) raising livestock and other animals, including poultry and
fish, for food and fur,
(c) aquaculture, and
(d) agro-forestry and maple syrup production.
Agriculture-Related Uses- (Oak Ridges Moraine)
Means commercial and industrial uses that are,
(a) small-scale,
(b) directly related to a farm operation, and
(c) required in close proximity to the farm operation.
Animal Agriculture - (Oak Ridges Moraine)
Means growing, producing and raising farm animals including, without
limitation,
(a) livestock, including equines, poultry and ratites,
(b) fur-bearing animals,
(c) bees,
(d) cultured fish,
(e) deer and elk, and
(f) game animals and birds.
Aquifer Vulnerability
Means an aquifer's intrinsic susceptibility, as a function of the
thickness and permeability of overlying layers, to contamination from
both human and natural impact on water quality."
Bed and Breakfast
Means an establishment that provides sleeping accommodation
(including breakfast and other meals, services, facilities and amenities
for the exclusive use of guests) for the travelling or vacationing public
in up to three guest rooms within a single detached dwelling that is the
principal residence of the proprietor of the establishment."
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109. In new Section 24.14 add the following new definitions:
"Connectivity
Means the degree to which natural heritage features are connected to one
another by links such as plant and animal movement corridors,
hydrological and nutrient cycling, genetic transfer, and energy flows
through food webs.
Development - (Oak Ridges Moraine)
Means the creation of a new lot, a change in land use, or the construction
of buildings and structures, any of which require approval under the
Planning Act, the Environmental Assessment Act, or the Drainage Act, but
does not include,
a) the construction of facilities for transportation, infrastructure
and utilities uses, by a public body, or
b) for greater certainty,
(i) the reconstruction, repair or maintenance of a drain
approved under the Drainage Act and in existence on
November 15, 2001, or
(ii) the carrying out of agricultural practices on land that was
being used for agricultural uses on November 15, 2001.
Dwelling Unit
Means one or more habitable rooms, occupied or capable of being
occupied as an independent and separate housekeeping establishment, in
which separate kitchen and sanitary facilities are provided for the
exclusive use of the occupants.
Earth Science Values
Means values that relate to the geological, soil and landform features of
the environment.
Ecological Features
Means naturally occurring land, water and biotic features that contribute to
ecological integrity.
Ecological Integrity
Which includes hydrological integrity, means the condition of ecosystems
in which,
a)
b)
c)
the structure, composition and function of the ecosystems
are unimpaired by stresses from human activity,
natural ecological processes are intact and self-sustaining,
and
the ecosystems evolve naturally.
Ecological Value - (Oak Ridges Moraine)
Means the value of vegetation in maintaining the health of the natural
heritage feature and the related ecological features and ecological
functions, as measured by factors such as the diversity of species, the
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diversity of habitats, and the suitability and amount of habitats that are
available for rare, threatened and endangered species.
Endangered Species
Means any native species, as listed in the regulations under the
Endangered Species Act, that is at risk of extinction throughout all or part
of its Ontario range if the limiting factors are not reversed.
Existing. (Oak Ridges Moraine)
Means lawfully in existence on November 15, 2001, and for greater
certainty does not include a use, building or structure that is in existence
on that date without being lawful
Farm Retirement Lot - (Oak Ridges Moraine)
Means a lot that is severed from land that is being used in a farming
operation, on the application of a person who,
a) owned and operated the farm operation, as a full-time
farmer, for a substantial number of years,
b) was engaged in farming on January 1, 1994 or on an earlier
date set out in the applicable official plan, and
c) has reached retirement age and is retiring from active
working life."
110. In new Section 24.14 amend the definition of "Fish Habitat", by adding the
words "as further identified by the Department of Fisheries and Oceans
(Canada)", after the words "life processes" .
111. In new Section 24.14 add the following new definitions:
"Forest Access Road
Means a one or two -lane unpaved road that is designed to provide
access to and within a woodland for wildlife, fish and forest management
purposes.
Forest Management
Means the management of woodlands in a sustainable manner which may
include accessory uses such as the construction and maintenance of
forest access roads and maple syrup production facilities,
a) for the production of wood and wood products, including
maple syrup,
b) to provide outdoor recreation opportunities,
c) to maintain, and where possible improve or restore,
conditions for wildlife, and
d) to protect water supplies.
Habitat of Rare, Endangered, and Threatened Species
Means land that,
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a) is an area where individuals of an endangered species, a
rare species or a threatened species live or have the
potential to live and find adequate amounts of food, water,
shelter, and space needed to sustain their population,
including an area where a species concentrates at a
vulnerable point in its annual or life cycle and an area that is
important to a migratory or non-migratory species; and
b) has been further identified, by the Ministry of Natural
Resources or by any other person, according to evaluation
procedures established by the Ministry of Natural
Resources, as amended from time to time.
Hazardous Waste
Has the same meaning as in Regulation 347 of the Revised Regulations
of Ontario, 1990."
112. In new Section 24.14 amend the definition of "Home Industry", by adding the
words "auto repair, furniture stripping or" after the words "not include"
113. In new Section 24.14 amend the definition of "Home-based Occupation", by
deleting the words "property or farm" and replacing them with the word "dwelling",
and by deleting the words "trades business excluding manufacturing and retail".
114. In new Section 24.14, add the following definitions:
"Hydrological Cycle
Means the circulation of water from the atmosphere to the earth and back
through precipitation, runoff, infiltration, groundwater flow and
evapotranspiration, including the occurrence, circulation, distribution, and
chemical and physical properties of water on the surface of the land, in the
soil and underlying rocks, and in the atmosphere, and water's interaction
with the environment including its relation to living things.
Hydrological Functions
Means the functions of the hydrological cycle that include the occurrence,
circulation, distribution, and chemical and physical properties of water on
the surface of the land, in the soil and underlying rocks, and in the
atmosphere, and water's interaction with the environment including its
relation to living things.
Hydrological Integrity
Means the condition of ecosystems in which hydrological features and
hydrological functions are unimpaired by stresses from human activity.
Impervious Surface
Means a surface that does not permit the infiltration of water, such as a
rooftop, sidewalk, paved roadway, driveway or parking lot.
Institutional Use - (Oak Ridges Moraine)
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Includes, without limitation, a long"term care facility, hospital, school,
university or college.
Kame
Means a mound, hummock or conical hill of glacial origin.
Kettle Lake
Means a depression formed by glacial action and permanently filled with
water.
Landform Conservation Area - (Oak Ridges Moraine)
Is an area possessing significant landform features such as step slopes,
kames, kettles, ravines and ridges.
Landform Feature
Means distinctive physical attributes of land such as slope, shape,
elevation and relief.
Life Science Values
Means values that relate to the living component of the environment.
Liquid Industrial Waste
Has the same meaning as in Regulation 347 of the Revised Regulations
of Ontario, 1990.
Lot
Means a parcel of land that is,
a) described in a deed or other document legally capable of
conveying an interest in the land, or
b) shown as a lot or block on a registered plan of
subdivision.
Major Development - (Oak Ridges Moraine)
Means development consisting of,
a) the creation of four or more lots, or
the construction of a building or buildings with a ground floor
area of 500 m2 or more.
b) the construction of a building or buildings with a ground floor
area of 500 m2 or more, or
c) the establishment of a major recreational use such as a ski
hill, golf course or serviced campground.
Meander Belt
Means the area within which a stable river channel can be expected to
move laterally back and forth over a given stream reach during the next
100 years.
Natural Heritage Features - (Oak Ridges Moraine)
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Include those key natural heritage features and/or hydrologic features as
defined by the Province.
Net Developable Area - (Oak Ridges Moraine)
Means the area of a lot or site, less any area that is within a natural
heritage feature or a hydrologically sensitive feature."
115. In new Section 24.14 amend the definition of "Natural Heritage System" by
deleting the words "that connect natural core and corridor areas." At the end of
the sentence.
116. In new Section 24.14 add the following new definitions:
"Natural Self-Sustaining Vegetation
Means self-sustaining vegetation dominated by native plant species.
Original Half Lot - (Oak Ridges Moraine)
Means half of an original lot that contained 80.9 hectares (200 acres),
more or less.
Original Lot - (Oak Ridges Moraine)
Means a township lot shown on a plan certified by the Surveyor General of
Ontario as being the original plan of an original survey.
Partial Service - (Oak Ridges Moraine)
Means connections linking a building to,
a) a communal sewage or water service or a full municipal
sewage or water service, and
b) an individual on-site sewage or water system.
Prime Agricultural Land - (Oak Ridges Moraine)
Means,
a)
b)
c)
land where fruit and vegetable crops and greenhouse crops
are grown,
agriculturally developed organic soil land, or
land with Class 1, 2 or 3 soils according to the Canada Land
Inventory.
Rapid Infiltration Basin - (Oak Ridges Moraine)
Means a basin or system of basins at or below surface grade that is
constructed in porous soil and punctures through a relatively impermeable
layer to gain access to a more permeable sand or gravel layer, so as to
rapidly infiltrate into the ground, at a single point or area of concentration,
surface runoff collected from impervious surfaces.
Rapid Infiltration Column - (Oak Ridges Moraine)
Means a column or system of columns at or below surface grade that is
constructed in porous soil and punctures through a relatively impermeable
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layer to gain access to a more permeable sand or gravel layer, so as to
rapidly infiltrate into the ground, at a single point or area of concentration,
surface runoff collected from impervious surfaces.
Rare Species
Means a native species that is not currently at risk of becoming threatened
but, because of its limited distribution, small population or specialized
habitat needs, could be put at risk of becoming threatened through all or
part of its Ontario range by changes in land use or increases in certain
types of human activity."
117. In new Section 24.14 delete the definition "Recreation, Passive" and replacing it
as follows:
"Recreation- Low Intensity
Uses that have minimal impact on the natural environment, and require
very little terrain or vegetation modification and few, if any, buildings or
structures, including but not limited to the following uses: non-motorized
trail uses; natural heritage appreciation, unserviced camping on public and
institutional land."
118. I n new Section 24.14, add the following definitions:
"Residence Surplus to a Farming Operation - (Oak Ridges Moraine)
Means,
a)
b)
if there are two or more farm residences, both built before
1978, on a lot that is being used in a farming operation, one
of those residences that is surplus to the farming operation,
or
if the owner and operator of a farming operation acquires an
additional lot and uses it in the consolidated farming
operation, any existing farm residence that is surplus to the
consolidated farming operation.
Retirement Home - (Oak Ridges Moraine)
Means a building in which,
a) accommodation is provided, mainly for retired persons,
b) common kitchen and dining facilities are provided for the
residents, and
c) common lounges, recreation rooms and health care facilities
may also be provided for the residents.
Rural Lot - (Oak Ridges Moraine)
Means a lot that is at least 97.5 per cent of the land that is left in an
original lot or an original half lot after the deduction of any land that is,
a) conveyed at any time for transportation, utilities and
infrastructure facilities, whether before, on, or after
November 16, 2001, or
b) validly conveyed before June 27, 1970."
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119. In new Section 24.14 amend the definition of "Rural Residential Concentration",
by deleting the words "Section 4.5.11" and replacing them with the words
"Section 4.5.16".
120. In new Section 24.14 add the following definitions:
"Sand Barrens
Means land (not including land that is being used for agricultural purposes
and no longer exhibits sand barrens characteristics) that,
a) has sparse or patchy vegetation that is dominated by plants
that are,
(i) adapted to severe drought and low nutrient levels, and
(ii) maintained by severe environmental limitations such as
drought, low nutrient levels and periodic disturbances such
as fire,
b) has less than 25 per cent tree cover,
c) has sandy soils (other than shorelines) exposed by natural
erosion, depositional process or both, and
d) has been further identified, by the Ministry of Natural
Resources or by any other person, according to evaluation
procedures established by the Ministry of Natural
Resources, as amended from time to time;
Saturated Zone
Means the zone below the water table where the spaces between soil
grains are filled with water.
Savannah
Means land (not including land that is being used for agricultural purposes
and no longer exhibits savannah characteristics) that,
a) has vegetation with a significant component of non-woody
plants, including tallgrass prairie species that are maintained
by seasonal drought, periodic disturbances such as fire, or
both,
b) has from 25 per cent to 60 per cent tree cover,
c) has mineral soils, and
d) has been further identified, by the Ministry of Natural
Resources or by any other person, according to evaluation
procedures established by the Ministry of Natural
Resources, as amended from time to time;
Self-Sustaining Vegetation
Means vegetation dominated by plants that can grow and persist without
direct human management, protection, or tending."
121. In new Section 24.14 amend the definition of "Significant Plantation", by deleting
the words "greater than 30 ha located on the Oak Ridges Moraine or", and by
deleting the words "located in the rest of the Municipality", and by adding the
words "Significance of a plantation within the Oak Ridges Moraine is determined
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by the Ministry of Natural Resources using evaluation procedures established by
that Ministry, or by a study conducted in accordance with this Plan" after the
sentence ending in the words "important ecological functions"
122. In new Section 24.14 amend the definition of "Significant Woodland", by deleting
the words "greater than 30 ha located on the Oak Ridges Moraine", and by
deleting the words "rest of the", and by adding the words "Significance of
woodlands within the Oak Ridges Moraine is determined by the Ministry of
Natural Resources using evaluation procedures established by that Ministry, or
by a study conducted in accordance with this Plan" after the sentence ending in
the words "in urban areas and Hamlets"
123. In new Section 24.14, add the following definitions:
"Single Detached Dwelling - (Oak Ridges Moraine)
Means a building containing only one dwelling unit
Site
Means the land subject to an application.
Site Alteration - (Oak Ridges Moraine)
Means activities such as filling, grading and excavation that would change
the landform and natural vegetative characteristics of land, but does not
include,
a)
b)
(i)
the construction of facilities for transportation, infrastructure
and utilities uses, by a public body, or
for greater certainty,
the reconstruction, repair or maintenance of a drain
approved under the Drainage Act and in existence on
November 15, 2001, or
the carrying out of agricultural practices on land that was
being used for agricultural uses on November 15, 2001;
(ii)
Stormwater Management Pond
Means a detention basin that temporarily stores or treats collected
stormwater runoff and releases it at a controlled rate.
Subwatershed
Means an area that is drained by a tributary or some defined portion of a
stream.
Surface Catchment Area
Means the area including and surrounding a kettle lake or wetland, from
which surface runoff drains directly into the kettle lake or wetland.
Sustainable
When used with respect to a natural resource, means that the natural
resource is able to support a particular use or activity without being
adversely affected.
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Tallgrass Prairie
Means land (not including land that is being used for agricultural purposes
and no longer exhibits tallgrass prairie characteristics) that,
a) has vegetation dominated by non-woody plants, including
tallgrass prairie species that are maintained by seasonal
drought, periodic disturbances such as fire, or both,
b) has less than 25 per cent tree cover,
c) has mineral soils, and
d) has been further identified, by the Ministry of Natural
Resources or by any other person, according to evaluation
procedures established by the Ministry of Natural
Resources, as amended from time to time;
Threatened Species
Means any native species that is at risk of becoming endangered
throughout all or part of its Ontario' range if the limiting factors are not
reversed.
Time of Travel
Means the time that is needed for groundwater to travel a specified
horizontal distance in the saturated zone.
Unserviced Park
Means a park that provides recreational opportunities and facilities,
including playing fields, but without outdoor lighting, accessory commercial
facilities, paved parking lots or permanent water or sewer facilities.
Watershed
Means an area that is drained by a river and its tributaries.
Wellhead Protection Area
Means the surface and subsurface area surrounding a water well or well
field that supplies a public water system and through which contaminants
are reasonably likely to move so as eventually to reach the water well or
well field."
124. In new Section 24.14 amend the definition of "Woodland", by adding the words
"but shall not include a cultivated fruit or nut orchard or a plantation established
for the production of Christmas trees." after the words "provision of habitat".
125. In new Section 24.14 add the following definition:
"Zone of Contribution
When used in reference to a period of time, means the area within which
the water pumped from a well originates during that time."
126. By amending Map A1 (Darlington and Clarke) as indicated in Schedule "A1" and
"A2" to this Amendment, adding the "Oak Ridges Moraine Limit", deleting all
June 10, 2004
37
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Amendment No. 33
existing land use designation above the limit of the "Oak Ridges Moraine Limit"
and replace with new land use designations as shown above the limit of the "Oak
Ridges Moraine Limit"
127. By amending Map C2 as indicated in Schedule "B" to this Amendment by
deleting the "south limit of Oak Ridges Moraine" by adding new "Oak Ridges
Moraine Limit", by deleting the "Natural Heritage System" above the "Oak Ridges
Moraine Limit", by deleting the limits of. the "Oak Ridges Moraine Natural
Corridor", and by deleting the limits of the "Long Sault Forest" and replace them
with new limits of the Natural Core Area above the "Oak Ridges Moraine Limit".
128. By amending Map C4 as indicated in Schedule "C" to this Amendment by
deleting the "south limit of the Oak Ridges Moraine" by adding new "Oak Ridges
Moraine Limit", by deleting the "Natural Heritage System" above the Oak Ridges
Moraine Limit", and by deleting the limits of the "Ganaraska Forest" above of the
"Oak Ridges Moraine Limit" and replace with new limits of the "Ganaraska
Forest" reflecting the limits of the Natural Core Area above the "Oak Ridges
Moraine Limit"
129. By renaming existing Map D entitled "Natural Hazards and Land Characteristics"
as new Map F entitled "Natural Hazards and Land Characteristics"; by adding the
"Oak Ridges Moraine Limit"; and by deleting all "Hazard Land" located above the
"Oak Ridges Moraine Limit" and replace with new "Hazard Land" as indicated in
Schedule "D" to this Amendment.
130. By renaming existing Maps E1,' E2 and E3 entitled "Neighbourhood Planning
Units" as new Map H1, H2 and H3 entitled "Neighbourhood Planning Units" .
131. By renaming existing Map F entitled "Community Improvement Areas" as new
Map I entitled "Community Improvement Areas".
132. By adding new Map D1 entitled "Oak Ridges Moraine Natural Heritage System -
North Darlington" as indicated in Schedule "E" to this Amendment.
133. By adding new Map D2 entitled "Oak Ridges Moraine Natural Heritage System-
North Clarke" as indicated in Schedule "F" to this Amendment.
134. By adding new Map E1 entitled "Oak Ridges Moraine Landforms and Aquifer
Vulnerability - North Darlington" as indicated in Schedule "G" to this Amendment.
135. By adding new Map E2 entitled "Oak Ridges Moraine Landforms and Aquifer
Vulnerability - North Clarke" as indicated in Schedule "H" to this Amendment.
136. On existing Map G entitled "Potential Aggregate Resource Areas" by deleting
"South Limit of Oak Ridges Moraine" and replace with new "Oak Ridges Moraine
Limit"; by deleting the "Plantations Greater than 30 ha"; by deleting the "Deferred
Area"; by deleting "Primary Resource Areas"; and by deleting "Secondary
Resource Area" in Schedule "I" to this Amendment.
June 10, 2004
38
CONCESSIONS
CONCESSIONS
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