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HomeMy WebLinkAbout2004-179 \ '" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2004- 179 being a By-Law to adopt Amendment No. 34 to the Clarington Official Plan WHEREAS Section 17(22) of the Planning Act RS.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 redesignate lands from Oak Ridges Moraine to General Agricultural Area or Prime Agricultural Area and to redefine components of the natural heritage system, consolidate environmental study requirements, add general storm water management policies and the addition of new definitions; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. That Amendment No. 34 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 make application to the Regional Municipality of Durham for approval of the aforementioned Amendment No. 34 to the Clarington Official Plan; 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 ~-~.~ .Y;;fi'. . John u~ayor ". /;/ .,' '/x .'. ..'\ -< tW I' 1 I 1 1 I 1 1 1 1 1 1 1 I I I 1 1 I Amendment No. 34 OFFICIAL PLAN AMENDMENT NO. 34 CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this amendment is to update the Official Plan, in response to the changes that have resulted from integrating the Oak Ridges Moraine Conservation Plan into the Clarington Official Plan. BASIS: 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. The amendment process whereby the legislated Oak Ridges Moraine boundary has been added to Map A results in some lands that are currently designated Oak Ridges Moraine but lie beyond the limit of the Oak Ridges Moraine as legislated by the Province. These lands must be redesignated to "Prime Agricultural Area" or "General Agricultural Area". Some policies changed in Amendment No. 33 (Oak Ridges Moraine Conformity Amendment) are general policies applicable to the entire Municipality including redefining the significant components of the natural heritage system, consolidation of environmental study requirements, the addition of general stormwater management policies and the addition of new definitions. As Amendment No. 33 and Amendment No. 34 are inextricably linked, Amendment No. 34 contains duplicate policies that will be approved in Amendment No. 33 first. These duplicate policies are identified with an asterisk (*). This amendment will not come into affect until the Oak Ridges Moraine Conservation Plan Conformity Amendment is approved by the Minister of Municipal Affairs and is deemed to be in effect. June 10, 2004 Page 1 I I I I I I I 1 1 I I I I I I 1 I I 1 Amendment No. 34 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 placement/depositing 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. 'By deleting existing Sections 4.4.2 and 4.4.3. 3. '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 following words "and hydrologically sensitive features" after the word "Features"; and by adding the following words "or Map D" after the words "Map C". 4. '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 following words "and Map D" after the words "Map C". 5. '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". 6. '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 "4.4.41,4.4.42 or 4.4.43". 7. 'By renumbering existing Section 4.4.8 as new Section 4.4.13. 8. 'By adding new Sections 4.4.2, and 4.4.4 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: June 10, 2004 Page 2 I' I I I I I I I I I I I I I I 1 I 1 I Amendment No. 34 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 4.4.4 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" 9. '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,". 10. '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 June 10, 2004 Page 3 I' 1 I I I I 1 I 1 I 1 I I I I I I I I Amendment No. 34 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." 11. '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". 12. *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." 13. *By renumbering existing Section 4.4.16 as new Section 4.4.19. 14. *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 Se.ction 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 15. *By adding new Section 4.4.26 as follows: "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 practical." 16. *By adding a new title "Studies" before new Section 4.4.37. 17. *By renumbering existing Section 4.4.24 as new Section 4.4.37 and by replacing the numbers "4.4.6" with "4.4.11, and by deleting the word "significant". 18. *In new Section 4.4.37 a) by deleting the words "their sensitivity and their significance". 19. *In new Section 4.4.37 b) by deleting the words "sensitive or significant". 20. *In new Section 4.4.37 e) by deleting the words "negative effects" and replace with the words "adverse affects". 21. 'By renumbering existing Section 4.4.25 as new Section 4.4.38 and by adding the words "south of the Oak Ridges Moraine," after the word June 10, 2004 Page 4 .' . . I 1 I I I . I I I I 1 I I I . I Amendment No. 34 "proposals", and by deleting the words "Section 4.4.24" and replacing them with the words "Section 4.4.37. 22. *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". 23. *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". 24. *By deleting existing Section 4.4.28. 25. *By adding new Section 4.4.41 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 bome by the proponent. 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." 26. *By deleting existing Section 4.4.29. 27. *By renumbering the following 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 June 10, 2004 Page 5 I' I I I I I I 1 I I I I I I I I I I I Amendment No. 34 28. '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. 29. '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", by adding the word "rare", before the word "threatened" and by adding the following phrases as new bullets "significant wildlife habitat", "sandbarrens and tallgrass prairies", "Natural Core Areas as identified on Map A". 30. 'By renumbering existing Section 4.5.11 as new Section 4.5.16. 31. '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. 32 'By deleting existing Section 4.5.13. 33. '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 June 10, 2004 Page 6 I' I I I I I 1 I I I I I I I I I I I I Amendment No. 34 natural self-sustaining vegetation of equal or greater ecological value; and e) all other requirements and policies of this Official Plan are complied with. 34. *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 35. *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". 36. *By renumbering the following existing sections: 1. Existing Section 4.5.17 as new Section 4.5.22; 2. Existing Section 4.5.18 as new Section 4.5.23; 3. Existing Section 4.5.19 as new Section 4.5.24; 4. Existing Section 4.5.20 as new Section 4.5.25; 5. Existing Section 4.5.21 as new Section 4.5.26; 37. *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". 38. *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 39. *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". 40. *In existing Section 4.6.1., by deleting the words "Map D" and replacing them with the words "Map F". 41. *In existing Section 4.7.2, by deleting "4.4.24" and replacing with "4.4.37". 42. *In existing Section 9.3.1 by deleting the words "Map E" and replacing them with the words "Map H". 43. *In existing Section 9.4.3 by deleting the words "Map E" and replacing them with the words "Map H". June 10, 2004 Page 7 I' 1 1 1 I I I I 1 I 1 I I I I 1 I I 1 Amendment No. 34 44. *In existing Section 9.4.5 by deleting the words "Map E" and replacing them with the words "Map H". 45. *In existing Section 10.3.1 by deleting the words "Map E" and replacing them with the words "Map H". 46. In existing Section 12.4.1 by adding the words "in accordance with Section 9.3.6 of this Plan" after the words "home-based occupations. 47. In existing Section 13.3.2 by adding the words "in accordance with Section 9.3.6 of this Plan" after the words "Home-based occupations. 48. In existing Section 13.3.3 by adding the words "in accordance with Section 9.3.6 of this Plan" after the words "home-based occupations. 49. *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,". 50. *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". 51. *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". 52. In existing Section 14.5.2, by adding the words "in accordance with Section 9.3.6 of this Plan" after the words "home-based occupations". 53. *By deleting existing Section title "14.6 Oak Ridges Moraine" and by adding new Section title "14.6 Natural Core Area". 54. *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". 55. *By renumbering existing section title "14.7 WATERFRONT GREENWAY" as new section "14.8 WATERFRONT GREENWAY". 56. *By renumbering the following existing sections" a. Existing Section 14.7.1 as new Section 14.8.1; June 10, 2004 Page 8 I' I I I I I I I I I I I I I I I I I I Amendment No. 34 b. Existing Section 14.7.2 as new Section 14.8.2. 57. '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". 58. 'In existing Section 15.3.5, by deleting the words "Section 4.5.23" and replacing them with the words "Section 4.5.28". 59. 'In existing Section 15.3.7, by deleting the words "Section 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". 60. '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. 61. In existing Section 15.3.10 by adding the words "located on lands below the limits of the Oak Ridges Moraine", after the words "Extraction Area". 62. 'By renumbering existing Section 15.3.11 as new Section 15.3.15. 63. '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". 64. 'In new Section 15.3.15(e), by deleting the words "Section 15.3.13" and replacing them with words "Section 15.3.17". 65. 'By renumbering the following existing Section: a. Existing section 15.3.12 as new Section 15.3.16; b. Existing section 15.3.13 as new Section 15.3.17. 66. 'By adding new Sections 19.3.12, 19.3.13, 19.3.14 and 19.3.15 as follows: "19.3.12 An application for a transportation use with respect to lands designated Environmental Protection Area or 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 freeway 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. June 10, 2004 Page 9 .' . I . I I I I I I I I I I I I I I . 19.3.13 19.3.14 19.3.15 Amendment No. 34 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 4.4.26; 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. 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." 67. 'By renumbering existing Section 19.4.4 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". June 10, 2004 Page 10 . I I I I I I I I 1 I I I I I I 1 I I 1 Amendment No. 34 68. *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 su pport for the establishment of future Highway 407." 69. *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." 70. *In existing Section 21.2.2 by deleting the words "and" after words "Central Area"; by adding the word "and" after the words "provincial approval" 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." 71. *In existing Section 22.3.1 by replacing the words "Map F" with the words "Map I". 72. *In existing Section 23.1.4 by adding the words "provincial policy and" after the words "continues to embody". 73. *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". 74. *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; June 10, 2004 Page 11 I I I I I I I 1 I I I I I I I I I I I Amendment No. 34 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." 75. *By adding new Section 23.5.5 as follows" "23.5.5 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." 76. In existing Section 23.7.1 j) by deleting the word "and" after "13.3.9" and by adding the words "and 13.3.13 after 13.3.11 ". 77. *1 n existing Section 23.7.1 k) by deleting the words "Section 4.5.15" and replacing them with the words "Section 4.5.21 ". 78. *By adding new Sections 23.7.2 as follows: "23.7.2 Severances to facilitate conveyances to public bodies or non-profit entities for natural heritage conservation are permitted." 79. *By adding new Section 23.7.5 as follows: "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 101." 80. *By renumbering the following existing sections a. Existing Section 24.8 as new Section 24.9 June 10, 2004 Page 12 I I I I I I I I 1 I I I I 1 I I I 1 I Amendment No. 34 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 81. *1 n new Section 24.14 by adding the following new definition: "Accessory Use The use of any land, building or structure which is subordinate or incidental to the principal use located on the same lot." 82. *In new Section 24.14 in the definition of "Adjacent", by adding the words "and Map D" after the words "Map C", and by adding the words "or adverse effect" after the words "negative impact". 83. *1 n new Section 24.14 by adding the following new definitions: "Adverse Effect Means any impairment, disruption, destruction or harmful alteration. Adversely Affect Means to have an adverse effect on. 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." 84. In new Section 24.14 by adding the following new definition: "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." 85. *In new Section 24.14 by adding the words "(below the limits of the Oak Ridges Moraine)" after the definition title "Development". June 10, 2004 Page 13 I I I I I I 1 1 I I I I I I I 1 I I I Amendment No. 34 86. 'In new Section 24.14 by adding the following new definitions: "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) the structure, composition and function of the ecosystems are unimpaired by stresses from human activity, b) natural ecological processes are intact and self- sustaining, and c) the ecosystems evolve naturally. 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." 87. 'In new Section 24.14 in 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". 88. 'In new Section 24.14 by adding 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, June 10, 2004 Page 14 I I I I I I I I 1 I I I I I I I I I I Amendment No. 34 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 Endangered, Rare and Threatened Species Means land that, 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." 89. *In new Section 24.14 in the definition of "Home Industry", by adding the words "auto repair, furniture stripping or" after the words "not include" 90. *In new Section 24.14 in 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 "bed and breakfast, trades business excluding manufacturing and retail". 91. *In new Section 24.14, by adding the following new 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. June 10, 2004 Page 15 I- I I I I I I I I I I I I I I 1 I I I Amendment No. 34 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. 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 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 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. June 10, 2004 Page 16 I I I I I I I 1 I I 1 I I 1 I I I 1 1 Amendment No. 34 92. *In new Section 24.14 in the definition of "Natural Heritage System", by deleting the words "that connect natural core and corridor areas". 93. *In new Section 24.14 by adding the following new definitions: "Natural Self-Sustaining Vegetation Means self-sustaining vegetation dominated by native plant species. 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. 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. 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. June 10, 2004 Page 17 1 1 I 1 I 1 I 1 1 1 I 1 I I I I I 1 I Amendment No. 34 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." 94. *1 n new Section 24.14 in 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 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" 95. *In new Section 24.14 in 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" 96. *In new Section 24.14, by adding the following new definitions: "Site Means the land subject to an application. Stormwater Management Pond Means a detention basin that temporarily stores or treats collected stormwater runoff and releases it at a controlled rate. June 10, 2004 Page 18 . Amendment No. 34 1 1 I I I I I 1 I I I 1 I 1 1 1 1 I I 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. 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. June 10, 2004 Page 19 1 I 1 I 1 1 I 1 I I I 1 1 1 I 1 1 I I Amendment No. 34 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." 97. *In new Section 24.14 in 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" 98. *In new Section 24.14, by adding the following new 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." 99. 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 existing land use designations referred to as "Prime Agricultural Area Subject to Section 14.6" and "Oak Ridges Moraine" below the new "Oak Ridges Moraine Limit", and replacing them with either "Prime Agricultural Area" or "General Agricultural Area". 100. 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". 101. 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. 102. By renaming existing Maps E1, E2 and E3 entitled "Neighbourhood Planning Units" as new Map H1, H2 and H3 entitled "Neighbourhood Planning Units". 1 03. By renaming existing Map F entitled "Community Improvement Areas" as new Map I entitled "Community Improvement Areas" . June 10, 2004 Page 20 CONCESSION 5 CONCESSIONS < <ill>-' ... CONCESSIONS CONCESSION 9 CONC.1Q I Wj -i(") -i(") )>00(") )>00(") O::r O::r "'c:::r "'c:::r Gl"' '1l"' ~.sz. ~ ~.sz.~ CD " ~ " c:CD", c:CD", ,,'" -.'" CD CD 3 CD ;::;;:5l.co ;::;;:5l.(J) QJJ;1 CD " ~-I." ~-I" ~a "' 0 ~ !!!,Oa -0 );000 ~3 ::1.3 ~ CD 3 ~~3 ::1.0 " 0 CD"'1l CDSl-u c: " "' '*"' tu g: ::I. m cr::l- !:.,.. c:,.. " 3 " 3 C';o ~^' ~CD ~CD 035: )>25..: ~~ ~;g -'" ~'" "'~ "'~ )>CD CD CD CD en "' en -10' -10. o c: o c: "';;:: ;;:: Qe= -ue= 0 0 Ql Ql ~~ 3'!?l 5' 5' ~)> CD ~ CD CD ~@ ,"' !" I I I o "' ,.. ;0 c: '" CD en ;;:: o Ql 5' CD r [ .t:::..OIffiI;l]Ill.0iJll o')>GlGl'1lzzmCI(") c:;~m~::I3.~~~~tllg :::I..... CD (I) CD ~ !:i :;.-<" ~:::I wCD:::I.... mtuO (1)- 3 ~ en ~ )> - - :::I --< ~ro~~~.~b>~ ~~ ~ c. m~ :::I.g @@ a. 5:~. j (I) ~ g::+{O)> ~ (I) c. 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'" ~D ::; ...... l1i l1i mzm ::; e ~ 2!!"Z ::E:>::;::j'TlC/) ::<,; ~ oGl ~ "0 z ........ ~~~f;~ c[Jl Oe 0 " fi -IOZ(l) 0.... m Cz . '" Z !;z~(") 0.... m Qo:: Zo ~~ r- ::U;OZ~> " ~ 0 mowffi om Ol OlO 0 0)> m :!l :I: s: (1)"11....0 ~~~~6 ....-< -< ll($! .... ~31 ;HE -.." m ~ -<::!!-Ic:: ?;:~ Ol fi :<fi .... -< ~z :I: ;:tJ cnno,... "'~m .... m )>- -< ~m "tI nl~~~ m 0000 00 ()z ~~ 0> 0 ~ >:s:;.....;:;oz OlOl '" Im S; m~ ..".... ~ (') ~"'Cm'1 0:: - Gl .... ~ ()'U "" z>'" ?;: ~ !!:: m ~ ....> ::; In :l;z oz~ ~ e " m ". - . ...."'0 - .... Z m en :r:)oii .... 'fI Gl -< 0..)> .." ~~ "'+-,. .... ~o!: 0 0 en .!O=< '" z -I m 8m " Ol .. m m .... s: ) DECISION WITH RESPECT TO AN AREA MUNICIPAL PLAN AMENDMENT Amendment No. 34 to the Municipalitv of Clarinqton Official Plan Amendment No. 34 to the Municipality of Clarington Official Plan, as adopted by By-law No. 2004-179, is hereby approved as modified, under Sections 17 and 21 of the Planning Act, R.S.O.1990, c.P.13, as amended. MODIFICATIONS Amendment No. 34 has been modified as follows: 1 . the addition of a "Rural Residential Cluster" east of the hamlet of Kendal, has been deleted; and 2. all duplicate policies identified in Amendment No. 34 that were approved, and approved as modified by the Minister of Municipal Affairs and Housing, are deleted from this amendment. A.L. Geor', .I.P., R.P.P. Commissioner of Planning Regional Municipality of Durham Dated at Whitby, Ontario on A/Jy 15-' ;{oo6 ,