HomeMy WebLinkAbout2004-179
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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
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John u~ayor ".
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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.
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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:
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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
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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
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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
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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
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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".
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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;
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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.
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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".
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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;
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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
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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
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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,
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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
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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
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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
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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
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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
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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
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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
,