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HomeMy WebLinkAboutPSD-035-03 ~ . ~>.~ .- ___ -tI Cl~#]glon REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 24, 2003 ~ j))S File #: ROPA 2002-007; ROPA 2002-008 (;lfJ-139-o3 By-law #: Report #: PSD-035-03 Subject: PROPOSED AMENDMENTS TO THE DURHAM REGION OFFICIAL PLAN - OAK RIDGES MORAINE CONSERVATION PLAN CONFORMITY AMENDMENTS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-035-03 be received; 2. THAT Report PSD-035-03 be forwarded to the Region of Durham Planning Department as the comments of the Municipality of clarington on the Region's proposed amendments to the Durham Region Official Plan to bring the Plan into conformity with the Oak Ridges Moraine Conservation Plan FORTHWITH; and 3. THAT the Durham Region Planning Department and all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: --~~ hi ranklin Wu -"'"b . Chief Administrative Officer D vi . Crome, M.C.I.P.,R.P.P. Director. Planning Services JAS*DC*df 18 March 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 684 t. ( REPORT NO.: PSD-035-03 PAGE 2 1.0 THE OAK RIDGES MORAINE CONSERVATION ACT AND PLAN 1.1 On December 14, 2001, the Oak Ridges Moraine Conservation Act, 2001 (the Act) received Royal Assent and was deemed to have come into force on November 16, 2001. The Act provides for the Oak Ridges Moraine Conservation Plan (ORMCP) to be established by regulation. On April 22, 2002, Ontario Regulation 140/02 - the Ridges Moraine Conservation Plan (ORMcP) - was released and was deemed to have come into effect on November 16, 2001. 1.2 The Act and the ORMCP provide land use and resource management direction for the Oak Ridges Moraine in order to protect its ecological and hydrological integrity. The ORMcP takes precedence over municipal official plans and zoning by-laws and municipal planning decisions are required to conform with the ORMcP. Municipalities are permitted to adopt official plan policies and zoning by-law provisions that are more restrictive than the ORMcP, except where prohibited by the Plan (mineral aggregate operations, wayside pits and agricultural uses). 1.3 Under the Act, upper tier municipalities such as Durham Region must adopt amendments to their Official Plans to bring them into conformity with and to implement the ORMcP by April 22, 2003. The deadline for area municipalities, including Clarington, to adopt conformity amendments to both their Official Plans and zoning by-laws is October 22, 2003. 2.0 REGION OF DURHAM CONFORMITY EXERCISE 2.1 The Region of Durham is proposing to adopt two concurrent amendments in order to bring their Official Plan into conformity with the ORMcP. Amendment A (ROPA 2002-007) is intended to incorporate the major provisions of the ORMcP into the Regional Official Plan (see Attachment No.1). Amendment B (ROPA 2002-008) redesignates lands that are currently designated as 'Oak Ridges Moraine' in the Regional Official Plan but that lie outside of the new provincial boundary (see Attachment No.2). 685 , -. REPORT NO.: PSD-035-03 PAGE 3 2.2 In order to meet the deadline established by the Act, the Region is currently proposing to have the revised amendments approved by Regional Planning Committee on April 1, 2003 with Regional Council approval on April 16, 2003. Amendment A will ultimately be approved by the Province under the process defined in the Oak Ridges Moraine Conservation Act. However, since the lands subject to Amendment B are not covered by the Act, the approval of this Amendment will follow the normal process set out under the Planning Act. This Amendment will come into effect upon provincial approval of Amendment A. Proposed Amendments A and B will be adopted as Amendment Nos. 89 and 90 respectively to the Regional Official Plan. 2.3 The Region circulated both an initial draft and a revised draft of the proposed amendments to the area municipalities. The Clarington Planning Services Department provided comments on the draft amendments by letter dated January 13, 2003. Comments on the revised amendments were also provided by letter dated March 11, 2003. This staff report incorporates the comments on the revised amendments provided in these letters (shown in Italics), in particular to what extent the Municipality's comments on the initial draft amendments have been addressed. These comments are focused on Amendment A since it is this amendment that is intended to incorporate the major provisions of the ORMCP into the Regional Official Plan. 3.0 OVERVIEW OF DRAFT AMENDMENTS AND COMMENTS 3.1 Amendment A has four major components, as follows: . changes to the text of the Plan to incorporate the major policies of the ORMCP; . changes to 'Map A - Regional Structure' to recognize the province's legislated Moraine boundary and to ensure that all lands within this boundary are designated as 'Oak Ridges Moraine; . the addition of a new 'Map 0 - Oak Ridges Moraine Land Use'. This map designates all lands on the Moraine within one of the land use designations 686 ~ REPORT NO.: PSD-035-03 PAGE 4 identified by the ORMcP - Natural Core Area, Natural Linkage Area, Countryside Area including Hamlets, and Settlement Areas. Prime agricultural areas on the Moraine, which generally correspond to lands currently designated in the Regional Plan as 'Permanent Agricultural Reserve', are also identified as an overlay designation; . the addition of a new 'Map F - Oak Ridges Moraine Aquifer Vulnerability', on which highly vulnerable aquifers on the Moraine are identified. Amendment B only proposes changes to Schedule 'A' - Regional Structure'; no changes to the text of the Official Plan are proposed. 3.2 The Region's approach to implementing the ORMCP is largely premised on the fact that the Conservation Plan, as a provincial regulation, has the full force of law. Rather than incorporating many of the detailed provisions of the ORMCP, Amendment A seeks to establish a framework that, together with the ORMcP, would guide users in making land use planning decisions on the Moraine. As a result, many of the proposed new policies require the ORMCP to be consulted in order to determine the detailed policies that apply. For example, new Section 14.4.4 states that "major recreational uses within the Countryside Areas of the Oak Ridges Moraine shall be considered by amendment to this Official Plan and must conform with the Oak Ridges Moraine Conservation Plan". The Staff's comments on the initial draft amendments expressed a concern with the lack of detail in the proposed amendments and the extensive reliance on referring the reader to the ORMCP. As the upper tier municipality, the Region should assume a leading role in both improving the public's use and understanding of the Plan. Such an approach would decrease public frustration with the Conservation Plan, thus benefiting both the public and municipal staff. In our opinion, the public is not well-served by being required to refer to and interpret the many inter-connected and overlapping policies in the Conservation Plan. 687 .. REPORT NO.: PSD-035-03 PAGE 5 The revised amendments have made the Regional Plan somewhat more "user- friendly" for the public by incorporating more detailed policies on permitted land uses and outlining the study requirements for natural heritage and hydrological evaluations. However, of the approximately 60 policies in the revised amendments, about one-third still refer the reader back to the ORMCP. Of particular note is proposed Section 14.4.14 which would require the reader to travel to Ministry of Natural Resources offices in order to view maps showing the location of landform conservation areas. We strongly urge the Region to include Landform Conservation mapping in their Official Plan and to include more detailed policies in the Official Plan to minimize the public's need to refer to the ORMCP. 3.3 The Region's proposed amendments would appear to require much of the detailed implementation of the ORMCP to be accomplished through area municipal official plans and zoning by-laws. For example, the amendments would require aquifer vulnerability and landform conservation mapping to be incorporated into both area municipal official plans and zoning by-laws (Sections 14.4.13 and 14.4.14). As well, area municipalities would be required to adopt "innovative" approaches in implementing the ORMCP through amendments to their official plans and zoning by-laws. Staff indicated in comments on the draft amendments that they did not offer sufficient guidance to area municipalities in the preparation of conformity amendments to their official plans and zoning by-laws. We had suggested that the Region's amendment should address the actual mechanics of implementation at the local level by providing a policy structure that municipalities could follow and by including policies in Section 20 (Implementation). This would not only facilitate the implementation exercises for area municipalities, but would provide for greater consistency in approach to the Moraine across Durham Region. 688 " REPORT NO.: PSD-035-03 PAGE 6 The revised amendments incorporate more "instructions" as to what information should be included in loca/ planning documents - for example, permitted uses in the Countryside designation. However, the revised amendments still do not provide any overall guidance as to Regional specific issues or implementation approaches that the municipalities could use. In this regard, the requirement that area municipalities adopt innovative approaches to implementing the ORMCP is perplexing. No examples of such innovative approaches are given, nor is it indicated who will determine what is considered to be innovative. It is a/so unclear why this requirement is mandatory. Similarly, the requirements to incorporate aquifer vulnerability areas and landform conservation areas into zoning by-laws may be problematic. Area municipalities will have difficulty in formulating a zoning framework for the ORMCP and until it is demonstrated that zoning can adequately address these issues the policies should be deleted or revised to remove this requirement. 3.4 Most of the new policies proposed by the amendments to the Regional Plan are located in Part B of the Plan - Structural Policies, including Section 12 (Agricultural Areas), Section 13 (Rural Settlements), and Section 14 (Major Open Space System). A complete new sub-section entitled "Oak Ridges Moraine" has been included in Section 14. The new policies focus largely on what land uses are permitted on the Oak Ridges Moraine. In Staff's comments on the draft amendments, we noted that that the amendments focused on structural policies and did not incorporate the basic principles underlying the ORMCP. We suggested that policies to reflect the vision of the Conservation Plan should be included in Part A - Basic Directions, in particular Section 1 (Basis, Goals and Direction) and Section 2 (Environment). We also suggested that, for similar reasons, policies should be included in Section 7 (Regional Structure) that recognizes the importance of the Moraine to the structure of the Region. However, the revised amendments do not include 689 ~ REPORT NO.: PSD-035-03 PAGE 7 any new policies that reflect that the vision of the ORMCP has been embraced and incorporated into the basic directions of the Regional Plan. 3.5 The revised amendments include a new section in Section 20.4.4 that would permit area municipalities to zone to permit the continuation, expansion or enlargement of legally existing uses on the Moraine, provided that the requirements of Parts III and IV of the ORMcP have been addressed. These parts of the ORMCP describe specific planning, design and development restrictions that need to be met in order to protect the ecological and hydrological integrity of the Moraine. The inclusion of this policy addresses a concern expressed by Municipal Staff that the draft amendments would not permit existing uses that do not conform to the ORMCP to be recognized in either official plans or zoning by-laws. We had stated that the Conservation Plan does not prohibit the recognition, or indeed the expansion, of legally existing non-conforming uses, provided that the requirements set out in the Conservation Plan are met and that the amendments should be revised to reflect this. However, the revised policy does not define what would constitute an "existing use" as defined by the ORMCP (ie. lawfully in existence on November 15, 2001) versus an "existing use" in other contexts within the Durham Regional Official Plan. The amendment should be further revised to clarify this. 3.6 The revised amendments propose to include a new section (14.4.3) that will permit area municipalities to further refine the exact internal boundaries of land use designations on the Moraine in their official plans and zoning by-laws. The draft amendments would have only permitted hamlet boundaries to be further refined in local planning documents. We pointed out in our comments on the draft amendments that the ORMCP would permit all internal land use 690 , REPORT NO.: PSD-035-03 PAGE 8 boundaries to be revised. The new wording in the revised amendment addresses the Municipality's concern in this regard. 3.7 The new 'Map 0 - Oak Ridges Moraine Land Use', which designates all land on the Moraine within one of the four land use designations identified by the ORMCP, also identifies prime agricultural areas on the Moraine as an overlay designation. Policies prohibiting such uses as small scale commercial, industrial and institutional uses, and major recreational uses on these lands are included in Section 14 of the Regional Official Plan. The lands identified by the amendments as prime agricultural areas generally correspond to lands currently designated "Permanent Agricultural Reserve'. The identification of prime agricultural lands on the Moraine and the inclusion of restrictive land use policies addresses a concern identified by the Municipality with the draft amendments. Municipal staff had suggested that the Official Plan should continue to specifically identify and protect Permanent Agricultural Reserve land in recognition of the its higher value for agriculture. We also noted that the ORMCP also differentiates between ''prime agricultural areas" and "areas designated primarily for agricultural uses in the applicable official plan. n 3.8 The proposed amendments to the Regional Plan propose to italicise terms that are used in the ORMCP as a means to advise the reader to refer to the Conservation Plan for the definition. A large number of terms are proposed to be italicised and include: ecological and hydrological features and functions; natural heritage features; home businesses and home industries; mineral aggregate operations, and small-scale commercial, industrial and institutional uses. Staff indicated in its comments on the draft amendments that, although we agree with this general approach, it places the burden on the reader to find the definition in the ORMCP. We had suggested that all of the definitions found in 69 J . REPORT NO.: PSD-035-03 PAGE 9 the ORMCP and used in the Regional Plan be included in a technical appendix to the Regional Plan. In particular, including the ORMCP definition of "existing uses" in the Regional Plan would assist in the interpretation of Section 20.4.4 e). 3.9 The revised amendments (Section 14.4.5) indicate that an official plan amendment would be required for major recreational uses within the Countryside designation. The draft amendments would have required an official plan amendment for all recreational uses on the Moraine. Municipal Staff noted in its initial comments on the draft amendments that the ORMCP permits low intensity recreational uses across the Moraine. The revised policy addresses the Municipality's concern. 3.10 Both the draft and revised amendments contain a number of policies (Section 14.4.15 - 14.4.19) that state that the Region shall participate with other agencies in the development of data management systems and long term health indicators for the Moraine, and the development of implementation guidelines for the ORMCP. Staff's comments on the draft amendments that the Region should assume the lead role in coordinating and implementing data management and monitoring for the Oak Ridges Moraine. As the upper tier municipality, the Region is the only agency that can ensure a consistent approach to the management of data and the monitoring of the Moraine across the entire Region. However, the proposed amendments would not appear to envision such a role for the Region. 4.0 CONCLUSION 4,1 The amendments to the Regional Plan to implement the ORMcP will set the policy framework that the area municipalities, including Clarington, must adhere to when undertaking their conformity exercises. We continue to urge the Region 692 r REPORT NO.: PSD-035-03 PAGE 10 to provide more of a leadership role in the implementation of the Conservation Plan. Attachments Attachment 1 - ROPA 2002-007 (Amendment A) Attachment 2 - ROPA 2002-008 (Amendment B) Interested parties to be notified of Council and Committee's decision: Alex Georgieff Regional Municipality of Durham 1615 Dundas Street East 4th Floor, Lang Tower P.O. Box 623 Whitby, ON L1N6A3 693 ,. Attachment 1 Proposed Regional Official Plan Amendment A: Oak Ridges Moraine Conservation Plan Purpose: The purpose of this amendment is to integrate the main principles of the Oak Ridges Moraine Conservation Plan (Ontario Regulation 140/02) into the Durham Regional Official Plan (ROP) in order to bring the ROP into conformity with the Oak Ridges Moraine Conservation Plan as required by the Province. Location: Any and all lands located in the Region of Durham which are subject to the Oak Ridges Moraine Conservation Plan as indicated on Exhibit A to this Amendment, as defined by Ontario Regulation 01/02. Basis: On December 14,2001 the Oak Ridges Moraine Conservation Act, 2001 received Royal Assent and was deemed to have come into force on November 16, 2001. The legislation provides for the establishment of the Oak Ridges Moraine Conservation Plan by regulation. On April 22, 2002, Ontario Regulation 140/02 - Oak Ridges Moraine Conservation Plan, was released and deemed to come into effect on November 16, 2001. The Oak Ridges Moraine is one of Ontario's most significant landforms. It has a unique concentration of environmental, geological and hydrological features including: . Clean and abundant water resources; . Healthy and diverse plant and animal habitat; . An attractive and distinct landscape; . Prime agricultural areas; and . Sand and gravel resources close to market. The Oak Ridges Moraine Conservation Plan builds on years of effort by provincial ministries, the Regions of Durham, Peel and York (Tri-Regional Oak Ridges Moraine Strategy), the Conservation Coalition, Moraine-area municipalities and key stakeholders, to provide clarity and certainty about the long-term protection and management of this vital natural resource. Through the Oak Ridges Moraine Conservation Act, 2001 and the accompanying Conservation Plan, the Province of Ontario has set a policy framework for protecting the Oak Ridges Moraine. Municipal planning decisions are required to conform with the Oak Ridges Moraine Conservation Plan. which takes precedence over municipal official plans. However, the Region of Durham and its area municipalities may, where the Plan N:\Strategic PB\PolicylEnvironmentallOak Ridges MorainelamendmentA - rev Jan 29.doc 1 694 " .' DRAFT - January 29, 2003 permits, adopt official plan policies and zoning by-law provisions that are more restrictive than the Oak Ridges Moraine Conservation Pian. The boundary of the Oak Ridges Moraine has been identified by the Province and is based on a number of topographical, geomorphological and geological attributes. This Regional Official Plan Amendment incorporates this boundary into Map 'A' - Regional Structure, and designates all lands within the boundary as Oak Ridges Moraine (refer to Exhibits B1 to 84 of the actual amendment). Together with existing ROP policies, the policies of the Oak Ridges Moraine Conservation Plan shall govern development in the Oak Ridges Moraine. Land currently designated as Oak Ridges Moraine in the ROP, but which lie outside of the new boundary, are redesignated in a separate accompanying amendment. This amendment also adds three new maps to the ROP. Map '0' - Oak Ridges Moraine Land Use (refer to Exhibit C of the actual amendment) which designates the land use categories for the Oak Ridges Moraine and is based on the land use categories established by the Province for the Oak Ridges Moraine Conservation Plan. Map 'E' - Natural Heritage System (refer to Exhibit D of the actual amendment) identifies the location of Key Natural Heritage Features and Hydrologically Sensitive Features on the Oak Ridges Moraine, This map is based on information provided by the Province. Map 'F' - Oak Ridges Moraine Aquifer Vulnerability (refer to Exhibit E of the actual amendment), which illustrates the areas of high aquifer vulnerability. This map is also based on information provided by the Province. This amendment changes existing ROP policies by including references to the Oak Ridges Moraine Conservation Act and Plan, as these policies take precedence over the ROP policies, except where the ROP policies are more restrictive. In addition, this amendment adds a new subsection to the Major Open Space Section of the ROP to specifically address the provisions of the Oak Ridges Moraine Conservation Plan. The Oak Ridges Moraine Conservation Plan provides definitions for terminology used throughout the Conservation Plan. For consistency in the interpretation of terminology that applies to the Oak Ridges Moraine area and distinguish from terms used elsewhere in the ROP these terms have been italicized and readers are directed to the Oak Ridges Moraine Conservation Plan for the definition. Actual Amendment: The Durham Regional Official Plan is hereby amended by: 1) Deleting the word "and" after the words "adversely affected" in Section 2.3.4 c) and adding a new subsection e) as follows: "e) and; ensure that, for lands located on the Oak Ridges Moraine, storm water management and subwatershed plans meet the requirements of the Oak Ridges Moraine Conservation Plan." 695 2 " " DRAFT - January 29, 2003 2) Adding to the end of Section 4.3.11 f) the following sentence: "However, granny flats/gardens suites are not permitted in the Oak Ridges Moraine."; 3) Adding to Section 5.2,1 the following sentence: "In addition, within the Oak Ridges Moraine, such uses may only be permitted in the Countryside and Settlement Areas, subject to the provisions of the Oak Ridges Moraine Conservation Plan.", after the words "General Agricultural Area"; 4) Adding to the end of Section 5.3.5 the following sentence: "In addition, within the Oak Ridges Moraine, the establishment of cemeteries may only be permitted in the Countryside and Settlement Areas, subject to the provisions of the Oak Ridges Moraine Conservation Plan."; 5) Adding to the end of Section 5.3.24 the following sentence: 'The construction or expansion of partial services is prohibited in the Oak Ridges Moraine unless it is deemed necessary to address a serious health or environmental concern."; 6) Adding to the end of Section 5.3.25 the following sentence: "In addition, within the Oak Ridges Moraine, such uses may only be permitted in the Countryside or Settlement Areas, subject to fulfilling the specific requirements of the Oak Ridges Moraine Conservation Plan."; 7) Adding to Section 7.2.1 d) the following: "which also addresses the applicability of the Oak Ridges Moraine Conservation Plan." after the words "Section 14"; 8) Adding to the end of Section 12.3.3 the following sentence: "In accordance with the policies of the Oak Ridges Moraine Conservation Plan, fur farms, agro-forestry and aquaculture shall be permitted in the Oak Ridges Moraine."; 9) Deleting the word "and" after the words "Regional Standards" in Section 12.3.8 (v) and adding a new subsection (vii) as follows: "and; (vii) where applicable, meet the requirements of the Oak Ridges Moraine Conservation Plan."; 10) Adding to Section 12.3.9 the following sentence: "In the Oak Ridges Moraine, the secondary dwelling may only be a temporary, mobile or portable unit." after the words "may be permitted."; 11) Adding to the end of Section 12.3.10 the following sentence: "In the Oak Ridges Moraine, severances of 40 hectare parcels or greater may be permitted only if the subject properties have previously merged in title and the severance follows the original lot lines or original half lot lines and the retained portion is at least 40 hectares. "; 12) Adding to Section 13.3.14 the following sentence: "However, clusters are not permitted in the Oak Ridges Moraine." after the words "zoning by-law"; 696 3 .' DRAFT - January 29, 2003 13) Adding to Section 13.3.15 the following sentence: "However, such development is not permitted in the Oak Ridges Moraine." after the words "is minimal"; 14) Adding to the end of Section 13.3.19 the following sentence: "No new country residential subdivisions shall be permitted in the Oak Ridges Moraine.; 15) Adding to the end of Section 13,3,29 the following: "or in the Oak Ridges Moraine. The area municipalities shall ensure that the establishment of new uses on vacant lots of record in existing Rural Employment Areas on the Oak Ridges Moraine are consistent with the policies of the Oak Ridges Moraine Conservation Plan." after the words "Permanent Agricultural Preserve"; 16) Deleting section 14.1.4 and replacing with the following: "14.1.4 To protect the ecological and hydrological features and functions of the Oak Ridges Moraine in perpetuity as a vital component of the Region's natural, built and cultural environment and in support of the Province's vision of a continuous band of open space providing form and structure to south-central Ontario."; 17) Deleting Section 14.3.4 and renumbering subsequent Sections accordingly; 18) Deleting Section 14.3.5 and renumbering subsequent Sections accordingly; 19) Deleting Section 14.3.6 and renumbering subsequent Sections accordingly; 20) Deleting in Section 14.3.23, formerly Section 14.3.26, the word "and" after the word "valleylands" and adding the following: "and Oak Ridges Moraine Naturai Core and Natural Linkage Areas" after the word "waterfront". 21) Adding a new subsection 14.4 as follows: "14.4 OAK RIDGES MORAINE 14.4.1 The Oak Ridges Moraine Conservation Act, and the accompanying Conservation Plan provides land use and resource management planning direction for protecting the Oak Ridges Moraine's ecological and hydrological features and functions. Regional Council is committed to the implementation of the Oak Ridges Moraine Conservation Plan. The major provisions of the Oak Ridges Moraine Conservation Plan have been incorporated into this Official Plan. These policies must be read in conjunction with the detailed provisions of the Oak Ridges 691 4 14.4.2 14.4.3 DRAFT - January 29, 2003 Moraine Conservation Plan and other relevant provisions of this Official Plan, area municipal official plans and zoning by-laws. Specific terms that are defined in the Oak Ridges Moraine Conservation Plan and contained in the policies of this Official Plan are italicized. The Oak Ridges Moraine is designated on Map 'A' - Regional Structure. The boundary coincides with the boundary defined in the Oak Ridges Moraine Conservation Plan. The provisions of the Oak Ridges Moraine Conservation Plan shall apply to all of these lands. In case of discrepancy regarding the southern boundary, a Licensed Ontario Land Surveyor shall be consulted to define the 245 metre contour. Within the Oak Ridges Moraine, only applications for development and site alteration that conform with the Oak Ridges Moraine Conservation Plan will be considered. The following land use categories, shown on Map 'D' - Oak Ridges Moraine Land Use, govern the use of land within the Oak Ridges Moraine. The exact internal boundaries of the land use categories may be further refined in area municipal official plans and zoning by-laws in accordance with the provisions of the Oak Ridges Moraine Conservation Plan. a) Natural Core Areas are areas with a high concentration of key natural heritage features, hydrologically sensitive features or landform conservation areas. Their purpose is to maintain, improve and restore the ecological integrity of the Moraine as a whole. New permitted uses are very limited, relating to conservation and resource management and include home businesses, home industries, bed and breakffJst establishments, farm vacation homes, low-intensity recreation and agricultural uses provided they meet the tests for maintenance, restoration or enhancement of ecological and hydrological integrity and specific policies contained in the Oak Ridges Moraine Conservation Plan. b) Natural Linkage Areas are areas forming part of a central corridor system, the purpose of which is to maintain, improve and restore the ecological integrity of the Moraine. Natural Linkage Areas support, or have the potential to support, movement of plants and animals among the Natural Core Areas and along river valleys and stream corridors. Limited new uses include those permitted in the Natural Core Area as well as mineral aggregate operations and wayside pits subject to meeting the requirements of the Oak Ridges Moraine Conservation 6(1) I (\ 5 14.4.4 DRAFT - January 29, 2003 Plan. c) Countryside Areas are areas of existing rural land use, intended to protect prime agricultural areas, provide for the continuation of agricultural and other rural land uses and maintain the character of Rural Settlements. Permitted uses include those uses permitted in Core and Natural Linkage Areas as well as agriculture-related uses, small-scale commercial, industrial, and institutional uses and major recreational uses consistent with the policies of this Official Plan, Prime agricultural lands are shown on Map 'D' - Oak Ridges Moraine Land Use. In accordance with the policies of the Oak Ridges Moraine Conservation Plan small-scale commercial, industrial and institutional uses and major recreational uses shall not be permitted on prime agricultural lands. Notwithstanding the Oak Ridges Moraine Conservation Plan, unseNiced parks shall not be permitted on prime agricultural lands, consistent with the Agricultural policies in Section 12 of this Official Plan, The Oak Ridges Moraine Conservation Plan's identification of Rural Settlements on the Moraine includes those areas designated as Hamlets on Map 'A' - Regional Structure and are generally defined on Map 'D'. Hamlets are part of the Countryside designation and are intended to provide opportunities for minor residential infill and small-scale industrial, commercial and institutional uses. Any development or site alteration in a hamlet on the Moraine shall be in accordance with the policies in Section 13 of this Official Plan, area municipal official plans and the Oak Ridges Moraine Conservation Plan. d) Settlement Areas are intended to focus and contain urban growth while protecting the ecological and hydrological integrity of the Moraine. A portion of the Uxbridge Urban Area is within the Settlement Area category. A range of residential, commercial, industrial and institutional uses is permitted. The policies of the Township of Uxbridge Official Plan and this Official Plan shall guide development, subject to the applicable provisions of the Oak Ridges Moraine Conservation Plan. Transportation, Infrastructure and Utilities uses are only permitted within the Oak Ridges Moraine if the appropriate Environmental Assessment Study has demonstrated the need and there is no reasonable alternative to the undertaking. An undertaking for a 699 6 14.4.5 14.4.6 14.4.7 14.4.8 DRAFT - January 29, 2003 transportation, infrastructure or utilities use within the Natural Core Area, Natural Linkage Area. a key natural heritage feature and/or a hydrologically sensitive feature is required to demonstrate that the requirements of the Oak Ridges Moraine Conservation Plan for protecting the ecological and hydrological integrity of the area have been fulfilled. Major recreational uses within the Countryside Areas of the Oak Ridges Moraine shall be considered by amendment to this Official Plan and must conform with the Oak Ridges Moraine Conservation Plan. Key natural heritage features refer to wetlands, significant portions of the habitat of endangered, rare and threatened species, fish habitat, Areas of Natural and Scientific Interest (life science), significant valleylands, significant woodlands, significant wildlife habitat and sand barrens, savannahs and tallgrass prairies. Hydrologically sensitive features refer to permanent and intermittent streams, wetlands, kettie lakes and seepage areas and springs. Key natural heritage features and hydrologically sensitive features are shown on Map 'E' - Natural Heritage System. However this map does not include significant portions of the habitat of endangered, rare and threatened species. significant valleylands, significant wildlife habitat, and seepage areas and springs. These features shall either be identified on a site-by-site basis or through the appropriate study such as a watershed plan, prior to undertaking any development or site alteration within the Oak Ridges Moraine. Development and site alteration shall be prohibited within key natural heritage features and hydrologically sensitive features and their related minimum vegetation protection zone as identified by the Table in Part III of the Oak Ridges Moraine Conservation Plan. Within the portion of the Uxbridge Urban Area that falls within the Oak Ridges Moraine, the required minimum vegetation protection zone identified in an Environmental Impact Study shall prevail. A natural heritage evaluation and/or a hydrological evaluation, as detailed in the Oak Ridges Moraine Conservation Plan is required where new development or site alteration is proposed within the minimum area of influence surrounding a key natural heritage feature and/or a hydrologically sensitive feature as identified by the Table in Part III of the Oak Ridges Moraine Conservation Plan. This evaluation shall: 6q901 , " 7 14.4.9 14.4.10 14.4.11 DRAFT - January 29, 2003 a) demonstrate that the development and site alteration applied for will have no adverse effects on the features and functions of the key natural heritage feature and/or the hydrologically sensitive feature; b) identify planning, design and construction practices that will maintain and, where possible, improve or restore the health, diversity and size of the key natural heritage feature and/or hydrologically sensitive feature; c) demonstrate how connectivity within and between key natural heritage features, hydrologically sensitive features, Natural Core Areas and Natural Linkage Areas will be maintained and improved during and after construction; d) determine whether the minimum vegetation protection zone is sufficient to protect the features and its functions and if not, specify whether a greater protection zone is necessary; and e) ensure compliance with the requirements of the Department of Fisheries and Oceans where fish habitat is of concern. No new agricultural uses and/or agriculture-related uses shall be permitted within a key natural heritage feature andlor a hydrologically sensitive feature and their associated minimum vegetation protection zone. Notwithstanding Section 14.4.7, an application for a mineral aggregate operation or wayside pit within a key natural heritage feature may be approved if the key natural heritage feature is occupied by young plantations or early successional habitat, and the specific requirements of the Oak Ridges Moraine Conservation Plan are fulfilled, Regional Council shall, in consultation with area municipalities and the Conservation Authorities, prepare and endorse watershed plans, including water budgets and conservation plans, to satisfy the requirements of the Oak Ridges Moraine Conservation Plan for every watershed having streams originating on the Moraine. Watershed plans shall provide knowledge of the groundwater and surface water systems and recommend how water resources are to be protected and enhanced in response to changing land uses as a guide to planning decisions, Appropriate objectives and requirements of the watershed plans shall be incorporated into this Official Plan by amendment. 69902 8 14.4.12 14.4.13 14.4.14 DRAFT - January 29, 2003 Wellhead protection areas are zones around municipal wells where land uses must be carefully planned to protect the quality of the water supply. Regional Council shall initiate amendments to this Official Plan to: a) establish the location and extent of wellhead protection areas for all existing and future municipal wells; b) identify and incorporate wellhead protection area policies; and c) restrict or prohibit the establishment of land uses such as: the generation and storage of hazardous waste or iiquid industrial waste; storage of petroleum fuels, petroleum solvents, chlorinated solvents, pesticides, herbicides, fungicides, inorganic fertilizers, road salt, construction equipment, and severely toxic chemicals identified by Provincial Regulation; and waste disposal sites and facilities, organic soil conditioning sites and snow storage and disposal facilities; in wellhead protection areas. Aquifer vulnerability refers to the susceptibility of the groundwater aquifer to contamination from both human and natural sources, Areas of high aquifer vulnerability are shown on Map 'F' - Oak Ridges Moraine Aquifer Vulnerability. This mapping shall be incorporated into the area municipal official plans and zoning by-laws. Within areas of high aquifer vulnerability the establishment of land uses such as: the generation and storage of hazardous waste or liquid industrial waste; waste disposal sites and facilities; organic soil conditioning sites and snow storage and disposal facilities; underground and above-ground storage tanks that are not equipped with an approved secondary containment device; and storage of severely toxic chemicals identified by Provincial Regulation; shall be prohibited. Landform conservation areas consisting of steep slopes and representative landforms that shall be protected for their contribution to ecological integrity and hydrologic function. Maps identifying the location of landform conservation areas are filed at Ministry of Natural Resources offices. Applications for development or site alteration proposed in a landform conservation area (Category 1 and 2) shall be accompanied by the appropriate study as required by the Oak Ridges Moraine Conservation Plan. With respect to land in the Uxbridge Urban Area classified as Settlement Area, applications for development and site 9 69903 14.4.15 14.4.16 14.4.17 14.4.18 14.4.19 DRAFT - January 29, 2003 alteration shall adopt planning, design and construction practices which will minimize disturbance to landform character wherever possible. Area municipalities shall incorporate landform conservation area mapping and policies into their official plans and zoning by-laws. The Region, in cooperation with the Province and other stakeholders, shall participate in the development and administration of effective and accessible data management systems for the Oak Ridges Moraine's natural heritage and groundwater information. The Region, in cooperation with the Province and other stakeholders, shall participate in the development of a series of indicators to monitor the long-term health of the Moraine and to assist in pubiic education, Nothing in this Plan prevents an area municipality from being more restrictive in either their official plans or zoning by-laws, except as limited by the Oak Ridges Moraine Conservation Plan (mineral aggregate operations, wayside pits and agriculture uses). Area municipalities shall adopt innovative approaches in implementing the Oak Ridges Moraine Conservation Plan through amendments to their official plans and zoning by-laws. The Region shall support the Province, in consultation with the area municipalities and other stakeholders. in the preparation of guidelines that assist in implementing the Oak Ridges Moraine Conservation Plan." 22) Adding at the end of Section 15.2.1 the following: "and where applicable. conform with the Oak Ridges Moraine Conservation Plan."; 23) Deleting Section 19,2.5 and replace with the following: "19.2.5 In addition to the policies of this Official Plan, the development of mineral aggregate operations and wayside pits shall, where applicable, conform with the Oak Ridges Moraine Conservation Plan." 24) Adding at the end of Section 19A.3.7 the following sentence: "Where applicable, rehabilitation programs will conform with the Oak Ridges Moraine Conservation Plan." 10 69904 DRAFT - January 29, 2003 25) Deleting the word "or" after the word "cold water stream" in Section 19A,3,9 a) and add the following: "or located on the Oak Ridges Moraine" after the words "recharge area". 26) Adding a new Section 19A.3.1 0 as follows and renumber subsequent sections appropriately: "19A.3.10 An application to amend this Official Plan to designate an Aggregate Resource Extraction Area or aggregate-related industrial use within the Natural Linkage Area of the Oak Ridges Moraine shall not be approved unless it is demonstrated that: a) there will be no extraction within 1.5 metres of the water table; and b) there will at all times be an excluded area of at least 1,25 kilometres wide, laying outside of the active or unrehabilitated portion of the site and connecting the Natural Linkage Area outside of the site in order to maintain connectivity." 27) Add a new Section 20.2.7 as follows and renumber subsequent sections appropriately: "20.2.7 Changes as a result of new information shall be made to Maps 'E' and 'F' without amendment to this Plan,"; 28) Deleting the word "and" after the words "proposed use" in Section 20.4.4 c) and adding a new subsection e) as follows: "and; e) where applicable, conform with the existing use provisions of the Oak Ridges Moraine Conservation Plan, and provided that the use was lawfully existing on November 15,2001 and the ecological and hydrological integrity of the area will be maintained, improved or restored, "; 29) Adding at the end of Section 20,7.12 the following: "and, where applicable, conform with the Oak Ridges Moraine Conservation Plan which contains restrictive lot creation policies that are intended to maintain, improve or restore the ecological and hydrological integrity of the Moraine"; 30) Adding a new Section 20.7.14 as follows: "20.7.14 In the Oak Ridges Moraine. a severance application to adjust a property boundary may be permitted if it will facilitate the conveyance of land to public bodies or non-profit entities for natural heritage conservation, provided a new lot is not created," 31) Adding a new Section 20.7,15 as follows: 11 69905 DRAFT - January 29, 2003 "20.7.15 In the Oak Ridges Moraine, no new lots may be created within or partially within a minimum vegetation protection zone of a key natural heritage feature and/or a hydrologically sensitive feature," 32) Adding the Oak Ridges Moraine Conservation Plan boundary on Map 'A' and designating all lands within the boundary as Oak Ridges Moraine; removing the Environmentally Sensitive Areas in the Oak Ridges Moraine on Map 'A'; and removing Rural Employment Area 1 from Map 'A' and renumbering the other Rural Employment Areas. These changes are shown on Exhibits B1 to B4. 33) Renumbering Schedules 4, 5, 6 and 7 in Pari E to Schedules 6, 7, 8 and 9 respectively and adding new Schedule 4 - Map 'D' - Oak Ridges Moraine Land Use, as shown in Exhibit C, new Schedule 5 - Map 'E' - Natural Heritage System, as shown in Exhibit D, and new Schedule 6 - Map 'F' - Oak Ridges Moraine Aquifer Vulnerability as shown in Exhibit E. 34) Delete Rural Employment Area 1 from Schedule 8, formerly Schedule 6, and renumber the remaining Rural Employment Areas appropriately. Implementation: The provisions set forth in the Durham Regional Official Plan, as amended, regarding the implementation of this plan shall apply in regard to this Amendment. Interpretation: The provisions set forth in the Durham Regional Official Plan, as amended, regarding the interpretation of this plan shall apply in regard to this Amendment. 69906 12 t.4KE stAMXlE ~ ! .!/ ^ - ~1 ~ Exhibit A ~~ J ."VERTa", , Dl7t... A',<. rJl' p \ I I -' I I LEGEND: Oak Ridges Moraine CANNINGTON " I' I I, 1 f- TOWNSHIP OF ro~'f-- r / f'\ I J _ r. I SUNDERLAND 71 .l - Ti ,j 1 d, \ TOWNSHIR OF , UXBRIlX{E - ~;;: I T Cl'r'l' O~ 'pIC~R1NG I 1-1 II 1 - - 1-, I t ~ f/i -"'" ..... '" --::;,.,."~~ - -} /T ;V " I ~ iff?( I 00~ 1/ V~ SCUGOO .J: 17 PORT- ~LL-ls~:JAf -, PER"' ~ << dT t I ~JT -/-r< '~ "I U II TOWNSHIp, OF SCUGOO IN 024 6 8 W . , kiJometres "'.., h. " ~ TO~IN J<P~ WJ:IJTB~ , ~ u h " I rr11~~; C~NGTO,N 1 l-'"" ~~r.O\ CIlj" OE OSHAWA [,I ,. TOWN OF ~jv lr I .'- .1Itr ~\ f- I NEMf" I ....."" '", }:I'?iIoI ,..,- , ~ r - ... ~ \ I I I LAKEONTARlO ..J,.~ ., ,n. " Prepared by The Regional Municipality of Durnam Planning Departmenl2002 69907 t =mf3 ~ OFFICIAL PLAN OF THE REGIONAL MUNICIPALITY OF DURHAM Exhibit B: Amendments to Map 'A' - Re9ional Structure (NOTE: KEY MAP FOR REFERENCE PURPOSES ONLY, AND IS NOT INTENDED TO BE INCORPORATED INTOTHEOFFIClALPlANj LEGEND _SU8JECTLANOS OAK RIDGES MORAINE BOUNDARY -- OakRidgoo_:!l<u><lo'Y, _1oItyri/AloW<lpoIM...5~,2002 10100,000 B4 F_...,., O..n--, '" Ru..-l to ORII ~- ,1~!..~ I ~ FroIIlI2to1 ~ I '--, 0<:>10 "r*" .,u",w,A" , o =:.l~~"",,~u BM'. ~ ~<e> ~~ ~ ~~ I <iY1 I ~ . SANDFORD \ F<<im 11= ....~. .toClRM i I d j ~. , .'4 4" d ,~ ~. . ~ l ~ ~ m ~ o o o o ~ 0 o 0 o o ~Rur" Emptovmenl Ahl,1blORM o .pf;;;P'> ,,w \ f ~: i ~ "'m_ IludyAra. 69909 L"____~ o CD ~ ~.. o ~ ;:t ;j " F~ ~-,..........- -... -.... ....... to he*"' 104.3 t~\>'~.1cl ORM t-~,':,~::,-~:~~j ~~ Sou_ _:_<'1, :::....~~M_&liouolr>g.2002 l:IOO.DOO .m.t!m . .EENBANK )N~ II' ~I ~ I I I 91<%> 1'<\< EPSOM ,'. From PennBlMnt Allrleultural RSS81V8 wORM @ > ~ <€> ~ I €vf 7A , }' .m "wr,,*,,~: _/ ": ~AA~_ '\ _>. BLACKSTOCK k. :~,~~~:" . \\('",/ . NESTL From Parmananl Agricultural R...lrve '.ORM 7A 99 " /1 ,~" I! 1/ II II I; // F~m P."m~ ....- Re~~ 10100 ~ :... 84 69912 " ~ OFFICIAL PLAN OF THE REGIONAL MUNICIPALITY OF DURHAM Exhibit C: Oak Ridges Moraine Map '0' - Land Use LEGEND _ NATURALCOREAREA _NATURALLIN~EAREA COUNTRYSIDE AREA --. SETTLEMENT AREA c:::J m OAK RIDGES MORAINE CONSERVATIONPlANAAEA PRIME AGRICULTURAL ~oo ----@-- REGIONAL ROAD -:li>- PROVINCIAl HIGHWAY ~'j~ .~-svr .. I, 14;" ~ KEY MAP &""-1 ,':.vIJ",:- . ._ 1- tEt'"'~' _ " " . " ~ " - l)=~~~~~"':;.~.~' ,,~ ::""=:=~-':=:~~""~200;1 j-t"",""" " . Exhibit E ( .. ~ OFFICIAL PLAN OF THE REGIONAL MUNICIPALITY OF DURHAM ~ ' D ". ."" ~ ~I OAK RIDGES MORAINE AQUIFER VULNERABILITY " MAP ~ LEGEND - c::::J HlGH....auIFER VULNERABIUTY OAK RIDGES MORI\ItIE CONSERVATION PLAN AREA ---1!9-- REGlONAlROAO -:IP-- PROVINCIAL HIGHWAY " NOTES 1)T1-IlSIdAPFOR"'SPART OFTHE OFF!ClAI.Pl,ANOFTHE REGKlNAL 1oIlJIIIIC~ITVOFDIJRHAM ANDNUSTBEREADIN CotlJUNCTfOtlWITHT>leT~T 2)TH'SMAPSHAl.I..BEUPOiITEO'N CONSL!..T,o,TIOOlWITHTl<E NINISTRY OF THE ENVRDNI.ENT WHEOlEVERNEWINFORMATlON BECONESAVAl.ABI.E J)ROADSAREFORReFEReNCE PURPOSESONLV ~)SO(JRCES' 01\1\ Ro:>GeSMOOAnEBOUNC"""" N.-ISTRYOF MUNlCIP......AFFAIRS &HOUS'NG.2000,1:HIO,QOO AOIJ'FERVlJI.NE.......'ur"'M'..srnv OFTi-EENVlRONNENT,1;:lO.ooo " ~, LAKE ONTARIO 69914 Attachment 2 Proposed Regional Official Plan Amendment B: Adjustments to Map 'A' - Regional Structure for lands Outside of the Oak Ridges Moraine Defined by the Province Purpose: The purpose of this amendment is to update the land use designations on Map 'A' - Regional Structure in response to the changes that have resulted from integrating the Oak Ridges Moraine Conservation Plan into the Regional Official Plan. Location: All lands within the Region of Durham, excluding those that are included in the legislated boundary for the Oak Ridges Moraine, as defined by Ontario Regulation 01/02 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. The boundary is based on a number of topographical, geomorphological and geological attributes, including the 245 metre contour line along the southern boundary of the moraine. The Oak Ridges Moraine Conservation Plan only applies to those lands within the boundary. The Region of Durham is required to undertake an Official Plan Amendment to integrate the policies of the Oak Ridges Moraine Conservation Plan in the Regional Official Plan (ROP). Through the amendment process, the legislated Oak Ridges Moraine boundary has been added to Map 'A' - Regional Structure. As a result of this new boundary, land currently designated as Oak Ridges Moraine in the ROP, but lie outside of the legislated boundary must be redesignated. Based on air photo analysis and examination of surrounding land uses these areas are being redesignated as either Agricultural Area or Major Open Space System. The policies of the Oak Ridges Moraine Conservation Plan do not allow the Regional Official Plan to recognize Rural Employment Area No.1, situated on the Oak Ridges Moraine. As a result, this Rural Employment Area has been deleted from Map 'A' - Regional Structure through Amendment A. Subsequently, this amendment serves to renumber the other Rural Employment Areas on Map 'A' - Regional Structure, 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. 69915 , Actual Amendment: The Durham Regional Official Plan is herby amended by: 1) Amending Map 'A' - Regional Structure as indicated in Exhibit "A" and Exhibit "8" attached to this Amendment. Implementation: The provisions set forth in the Durham Regional Officiai Plan, as amended, regarding the implementation of this Plan shall apply in regard to this Amendment. Interpretation: The provisions set forth in the Durham Regional Official Plan, as amended, regarding the interpretation of this Plan shall apply in regard to this Amendment. 69116 "" , ~ OFFICIAL PLAN OF THE REGIONAL MUNICIPALITY OF DURHAM Exhibit A: Amendments to Map 'N - Regional Structure (NOTE: KEY MAP FOR REFERENCE PURPOSES ONLY,AND IS NOTINTE"'DED TO BE INCORPORATED INTO THE OfFICIA.LPlAN) LEGEND _SUBJECTLANOS OAKRlOGES MORAINE BOUNDARY A4 0000 <$<Ii> .' 4.l> . SANDFORD i ,1' ! j ~ "1 :j i U h !'" #, !~ ill ~ ~ , o <:> 4.l> o ~ <$> o ~0 I 0~f..!~ .,.- 1 4 ~- ~ 'V' ,q'B~~.~0'- 1Y ~ <9> ~ftllr. - Aiut..ORM <&> ~,.i"mplo)lmtl .... 2_ -f :0-" ~ ""~< ,- o 0~ ,~ J ~\\ ~::, ,--- I I t L1 j --Ir,J.- - , :"1 ,1) I \ ?; , 1._\ I L__ L", ____J____""; - I -, 1 I I j ~ I } H ~ 1 I I r , ,'--.., \1_. 1 Vi I G;J J. ~ ~ i 01 ~ <$> 9918 ~ .' $ , ---~ . ,____w <S . ".", ~ul1ll ' ". '!to," i14.3. ~or ii: -, , I' , ~ CON ft f - r'''~'"~ 1. .' . mm.mm NeSTL .c;. <' ---j , , , , , , , , , , " , , , , , , A4 ;.. 69921