HomeMy WebLinkAboutPD-105-00
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
General Purpose and Administration Committee
Date:
Monday, October 2, 2000
Res. #
Report #:
PD-105-00 File #: COPA 2000-005
Subject:
OFFICIAL PLAN AMENDMENT NO. 19 AND MODIFICATION NO. 173 TO
THE CLARINGTON OFFICIAL PLAN
REVISED NATURAL HERITAGE & MINERAL AGGREGATE POLICIES
FILE NO.: COPA 2000-005
Reconunendations:
It is respectfully recommended that the General Purpose and Administration Committee recommend
to Council the following:
1. THAT Report PD-I 05-00 be received;
2. THAT Official Plan Amendment No. 19 to the Clarington Official Plan be APPROVED;
3. That Modification No. 173 to the Clarington Official Plan, as modified, be APPROVED;
4. That the changes to proposed Official Plan Amendment No. 19 and proposed Modification
No. 173 be deemed to be minor and that a new Public Meeting is not required;
5. THAT the necessary by-law to adopt Amendment No. 19 be passed and that Amendment
No. 19 to the Clarington Official Plan be forwarded to the Regional Municipality of Durham
for approval;
6. THAT Modification No. 173 to the Clarington Official Plan be forwarded to the Ontario
Municipal Board in respect of Referral No. 5 and related appeals to the Clarington Official
Plan;
7. THAT a copy of Report PD-I05-2000 and Council's resolution be forwarded to the Region
of Durham; and
8. THAT all interested parties listed in this report and any delegations be advised of Council's
decision.
1. BACKGROUND
1.1 Staff Report PD-079-00 forwarded proposed Official Plan Amendment No. 19 and proposed
Modification No. 173 to the Committee meeting of September 5, 2000. The Public Meeting
for Amendment No. 19 was also held at this meeting. The Amendment, together with
699020
REPORT PD-l0S-00
PAGE 2
Modification No. 173, will incorporate revised policies and maps into the Official Plan to
reflect the settlement of Referral No.5 and related Appeals negotiated with the Aggregate
Producers' Association of Ontario and other parties, including SAGA and STORM.
Committee resolved to refer OP A 19 and Modification 173 back to staff for the preparation
of a subsequent report on all outstanding issues.
1.2 Copies of the proposed Amendment and Modification, as well as the consolidated Official
Plan policies, were circulated to relevant agencies and a number of citizen groups for
comment. A complete set of the revised policies and mapping was placed in all Clarington
public libraries for public review. A Public Information Session was held on August 29,
2000. Staff also met with representatives of a number of citizens groups to discuss the
proposed policies.
2. AGENCY AND PUBLIC COMMENTS
2.1 A number of comments on the revised official plan policies as proposed by OP A 19 and
Modification No. 173 were received from residents, agencies and various groups including
the Aggregate Producers' Association. The comments received generally focused on the
following issues:
· Which natural heritage features should be recognized as core and supporting components
of the natural heritage system;
· The Official Plan should avoid the use of terms such as "may consider" in favour of
stronger terms such as "shall investigate;
· The use of clear and consistent defmitions;
· Public acquisition of the Long Sault Forest and the Ganaraska Forest should be
encouraged;
· The identification of features which would trigger an Environmental Impact Study;
. Clarification of study requirements;
· The identification of natural heritage features on Map C, including woodlands and the
Black Farewell Wetland Complex; and
· Clarification ofthe lands within the Potential Aggregate Resource Areas on Map G.
699021
REPORT PD.l0S-00
PAGE 3
2.2 A table sununarizing all of the comments received from the public and agencies on the
revised official plan policies forms Attachment 1 to this report. The table also includes a
proposed response and a recommended action on each of the comments.
3. RECOMMENDED CHANGES TO PROPOSED POLICIES
3.1 As a result of the review of the comments received, a number of revisions are being
recommended to the Official Plan Amendment No. 19 and Modification No. 173.
3.2 Recommended Changes to Official Plan Amendment No. 19
a) add 'transitional woodlands' to Section 4.4.3;
b) modify the second last sentence of Section 4.4.11 to encourage the appropriate
public acquisition lands in the Long Sault and Ganaraska Forest as follows:
"It is Council's policy that the Ganaraska and Long Sault Forests are to be protected
and managed through appropriate public acquisition and public and private land
stewardship initiatives in accordance with Section 4.3.3 to enhance their natural
heritage value";
c) ModifY the last sentence of Section 4.4.11 by replacing the works "may consider"
with "will investigate" as follows:
"Council IRa:,' s\lREillllf will investigate applying the Municipality's tree preservation
by-law to the two Forests";
d) ModifY the last sentence of Section 4.4.13 by replacing the works "may consider"
with "will investigate" as follows:
"Council IRa;' s\lRuillllr will investigate applying the Municipality's tree preservation
by-law to the Oak Ridges Moraine Natural Corridor";
e) In Section 24.13, add the following definition of 'Fish Habitat':
"Fish Habitat
The spawning ground and nursery, rearing, food supply and migration areas on
which fish depend directly or indirectly in order to carry out their life processes."
t) In Section 24.13, modifY the definition of Natural Heritage System as follows:
"Natural Heritage System
A connected group of natural areas, and the native flora, fauna and related geological
features and landforms that contribute to the health and biodiversity of the natural
environment.
699022
REPORT PD-l0S-00
PAGE 4
The natural heritage ~~'~tIlHlG may iRo1'llill~ system includes natural core areas, ~
a~ 3.Pi':U: gf :Aa.t11F:lI aRQ G~i~itig i:Atwi~t "H~huul~, ~r nrild.life gaJ;.itat), natural
corridors (ln~R ail riF~FI;1, I3t~~riUR19, lakj~Rgr~liJ, 9r FW'in~IiJ), and ~gtDli~tiRg links
linkages ([~lgR. ~u: R~ggiwn7f1, tr4i liR~[, gr r~~tgriQ f'i?ad gr Fail allgn'aRg~G)
including naturalized road or rail allowances that connect natural core and corridor
areas. ";
g) Modify Map C1 to indicate the woodlands in Hancock Neighbourhood and Highland
Neighborhood as shown on the existing Map C1 in the Official Plan.
h) Modify the northern boundary of the Long Sault Forest on Map C2 so that it
corresponds to that shown on Map G.
3.3 Recommended Changes to Modification No. 173
a) Modify the first sentence of Section 4.4.24 to require that an Environmental Impact
Study be prepared for all development applications on the Lake Iroquois Beach, and
to delete the word 'significant', as follows:
"An Environmental Impact Study shall be undertaken for development applications
located on lands within or adjacent to the Lake Iroquois Beach, any ~i!jlYtiGaat
natural heritage feature identified on Map C, and any significant natural heritage
feature which may exist but which is not presently identified on Map C but of which
notice is given in accordance with Section 4.4.6.";
b) Modify the last point in Section 4.5.11 to read:
· trailer parks, commercial and tourism uses existing on l!:Ill liatll Ilf C'1l'IR01il
ilflpl'Q"al IlftmG Viall October 16,2000;
c) Modify the last sentence of Section 15.3.7 to add a reference to Section 4.4.29, as
follows:
"Applicants who submit a study that satisfactorily addresses the requirements of
Section15.3.9 shall not be subject to the requirements of Section 4.4.24, 4.4.25,
4.4.26, ;mQ 4.4.28, and except as provided for in Section 15.3.9 g), 4.4.29 of this
Plan.";
d) Modify Section 15.3.9 g), as follows:
"g) The rll"'lirimllRt~ criteria of Section 4.4.29 a) to 1) of this Plan for applications
located within the Oak Ridges Moraine Natural Corridor as identified on Map C;"
699023
REPORT PD-105-00
PAGE 5
e) Modify Section 23.2.5 (d) to read:
lid) the impact on the natural environment i~IQQi.as, m!:li{\1 ll!?prgflRatll,
~;rg~lRg~uatw :m.Q t;n~fa~i n~atw, aRQ tRi Watural H~agi ~~'i;;t~ litRQ liDld.
('!:IilCaGtIlRGtiGE iQIIRtifillQ gR Hll!? (' ;mil Hll!? Q in accordance with Section 4.4.24
of this Plan, and having regard for the natural and other hazards identified on
MapD;"
1) Modify Map G to add four areas currently identified as constraints to the Potential
Aggregate Extraction Area.
Representatives of the APAO and SAGA have reviewed the proposed revisions and have
indicated their concurrence.
4. CONCLUSIONS
4.1 The approval of Amendment No. 19 and Modification No. 173 represents the culmination of
a long process initiated by the AP AO's referral of the mineral aggregate and natural
environment policies in the 1996 Clarington Official Plan. The revised policies which
will be incorporated into the Official Plan provide a greater level of protection for the
Municipality's natural heritage system and a clearer regulatory framework for the aggregate
industry.
Reviewed by,
David J. ome, M.C.I.P., RP.P.
Director of Planning & Development
o~~
Franklin Wu, M.C.I.P., RP.P.,
Chief Administrative Officer
JAS*BN*DJC*cc
September 8, 2000
Attachment 1 -
Attachment 2 -
Attachment 3 -
Attachment 4 -
Sunrrnary of Comments and Recommended Actions
By-law to Adopt Amendment No. 19 to the Clarington Official Plan
Modification No. 173 to the Clarington Official Plan
Consolidated Official Plan Policies
699024
REPORT PD-10S-00
PAGE 6
Interested parties to be notified of Council and Committee's decision:
Mr. Victor Doyle
Ministry of Municipal Affairs
14th Floor, 777 Bay Street
TORONTO, Ontario
M5G 2E5
Ms. Katherine Guselle
SAGA
45 Connaught Street
OSHA W A, Ontario
Ll G 2Hl
Mr. Peter White
Ministry of Natural Resources
300 Water Street
4th Floor South Tower
P.O. Box 7000
PETERBOROUGH, Ontario
K9J 8M5
Mr. Brain Buckles
STORM
R.R # 4
2300 Concession Road 7
UXBRIDGE, Ontario
L9P 1R4
Mr. Don Wright
Central Lake Ontario Conservation
100 Whiting Avenue
OSHA W A, Ontario
LlH 3T3
Ms. Libby Racansky
3200 Hancock Road
COURTICE, Ontario
LIE 2M1 .
Mr. Rob Franklin
Ganaraska Region Conservation Authority
P.O. Box 328
PORT HOPE, Ontario
LlA 3W4
Ms. Linda Gasser
7421 Best Road
Box 399
ORONO; Ontario
LOB IMO
Ms. Jackie Fraser
Aggregate Producers' Association of Ontario
365 Brunei Road, Ul)it 2
MISSISSAUGA, Ontario
L4Z 1Z5
Ms. Lisa Craig
2612 Concession Road 4
RR # 5
BOWMANVILLE, Ontario
LlC 3A6
Mr. Wayne Fairbrother
Templeman Menninga
Barristers and Solicitors
205 Dundas Street East
Suite 200
P.O. Box 234
BELLEVILLE, Ontario
K8N 5A2
Mavis and John Carlton
119 Cove Road, West Beach
RR # 2
BOWMANVILLE, Ontario
LlC 3K3
Mr. Rayfield Pye
22 LaSalle Court
Apartment 28
OSHA WA, Ontario
LlH 5YI
Mr. James Parkin
MHBC Planning
171 Victoria Street North
KITCHENER, Ontario
N2H 5C5
Mr. Bill Manson
W.D.M. Consultants
20 Clematis Road
Willowdale, Ontario
M2J 4X2
699025
tT
�O
O
N
ON
SUMMARY OF COMMENTS AND RECOMMENDED ACTIONS
OFFICIAL PLAN AMENDMENT NO. 19 AND MODIFICATION NO. 173
CLARINGTON OFFICIAL PLAN
SECTION
COMMENT
MADE BY
RESPONSE
RECOMMENDED ACTION
General
I and other residents of the Lake
Libby
The APAO, SAGA and STORM are the only
No change
Iroquois Beach were on the list of
Racansky
non-agency parties to the OMB hearing.
interested parties for the OMB Hearing,
but not one of us was invited to
participate in the process.
4.2.8
The Black Farewell Wetland Complex,
Libby
All evaluated wetlands are recognized as core
No change
Stephen's Gulch, Clarke Summit
Racansky
components of the Municipality's natural
Swamp, and Newtonville Bog should
heritage system. The revised boundaries of
also be mentioned.
the Black Farewell Wetland Complex are
being updated by separate amendment to the
Official Plan.
4.3.1
OPA 19 is full of terms such as Council
Linda
This policy recognizes Council's willingness to
No change
supports the need to undertake multi-
Gasser
work with lead agencies such as conservation
stakeholder watershed planning studies.
authorities (eg. Wilmot Creek Watershed
If you really intend to do something, you
Study). The Conservation Authorities have
need to use stronger language such as
identified priorities for Regional funding for
"shall investigate".
the preparation of watershed studies. The
How and on what basis will the
Municipality has been involved with more
municipality identify watershed study
detailed subwatershed studies such as the
priorities and will funds regularly be set
Foster Creek subwatershed study.
aside in annual budgets to ensure that
OPA 19 only proposes to change the number
such commitments are kept?
of the section, not the text.
4.3.3
OPA 19 is full of terms such as
Linda
OPA 19 only proposes to change the number
No change
"landowners are encouraged to respect
Gasser
of the section, not the text.
the integrity of the natural environment.
If you really intend to do something, you
need to use stronger language.
a
n
m
Z
Z
O�
O
fV
v
SECTION
COMMENT
MADE BY
RESPONSE
RECOMMENDED ACTION
4.4.2
If all evaluated wetlands and all ANSIs
SAGA
Not all evaluated wetlands and ANSIs are
No change
are provincially significant,the language
provincially significant. The Provincial
in this section and Section 4.5.10 should
Policy Statement identifies mineral
be consistent,
aggregates as being provincially
significant, but does not identify all
wetlands as being provincially significant.
Wetlands which are not provincially
significant are not identified as a pre-
emptive constraint to aggregate extraction.
Why are groundwater recharge areas
Linda
The core components of the natural heritage
No change
identified in Section 4.4.3,and not in
Gasser
system are intended to be distinct areas with
Section 4.4.2 along with groundwater
well-defined boundaries. To date, significant
discharge areas? What is the rationale
recharge areas have not been identified with
for the different levels of protection?
precision. This can be re-evaluated and when
new and more detailed information becomes
available.
Add wildlife corridors and linkages
Jessica
The definition of"significant wildlife habitat'
No change
Markland
includes "wildlife corridors". As well,many
important corridors are protected through their
association with other significant natural
heritage features such as significant
valleylands.
Linkages such as small woodlots and
hedgerows are intended to provide support to
the core components of the natural heritage
system and are identified in Section 4.4.3.
�D
0
N
CID
SECTION
COMMENT
MADE BY
RESPONSE
RECOMMENDED ACTION
4.4.3
Transitional woodlands should be added
SAGA
Transitional woodlands are discussed in
Revise Section 4.4.3 by adding
to the list of those features that provide
Sections 4.5.11 and 15.3.10 of the revised
the following new bullet:
support to the core components of the
policies. However,there is merit in identifying
. "transitional woodlands".
natural heritage system. If this is not
transitional woodlands in Section 4.4.3.
the appropriate place for transitional
woodlands to be identified, then the
purpose for identifying such woodlands
should be clarified.
Natural heritage features listed are
Linda
The natural heritage features listed in Section
No change
somewhat arbitrary and may receive less
Gasser
4.4.3 were identified in consultation with the
attention than the core components
Conservation Authorities and the Ministry of
simply because they may not be well
Natural Resources. It is an approach similar
understood. Not all wetlands in
to that used by other municipalities.
Clarington have been evaluated by
Unevaluated wetlands are identified as
MNR.
secondary natural ritage features.
Intermittent streams can be critically
Linda
If an intermittent stream is identified as
No change
important components of fish habitat,
Gasser
important fish habitat,then it is identified as a
and deserve the highest level of
core component of the natural heritage system
protection if we are serious about
under the provisions of Section 4.4.2.
protecting our fishery resources. Such
issues can best be understood in the
context of watershed and sub-watershed
studies.
If you don't protect"uncommon"
Linda
A list of rare and uncommon vegetation
No change
vegetation communities, in short order
Gasser
communities has been developed for Durham
these may soon become rare vegetation
Region and is used by the Conservation
communities. What is uncommon
Authorities and the Ministry of Natural
today may become rare tomorrow -
Resources.
these are relative terms which are
difficult to define and keep track of in
The level of protection accorded to natural
what is a currently very imperfect
heritage features in the Official Plan is related
system of natural heritage data base
to their significance, with the highest level of
compilation and updating.
protection accorded to the most significant
features.
01%
-1D
O
N
SECTION
COMMENT
MADE BY
RESPONSE
RECOMMENDED ACTION
4.4.8
Add Wilmot Creek and other watersheds
Jessica
The three areas listed in Section 4.4.8 (Oak
No change
Markland
Ridges Moraine, Lake Iroquois Beach, and the
Lake Ontario Waterfront) are significant
landscape features in the Municipality. This
section serves as an introduction to more
detailed policies for each of these areas.
4.4.11
This policy should also encourage the
CLOC
Acquisition of the lands in the two Forests
Revise the second last sentence
public acquisition of the two Forests.
would facilitate their protection and
of Section 4.4.11 to read:
enhancement.
" It is Council's policy that the
Ganaraska and Long Sault
Forests are to be protected and
managed through beth
appropriate public acquisition
and public and private land
stewardship initiatives in
accordance with Section 4.3.3 to
enhance their natural heritage
value."
OPA 19 is full of terms such as "Council
Linda
This suggestion has merit.
Revise the last sentence of
may consider applying the
Gasser
Section 4.4.11 as follows:
Municipality's tree preservation by-law".
"Council may-eensider will
Stronger language such as "shall
investigate applying the
investigate" should be used.
Municipality's tree preservation
by-law to the two Forests".
4.4 13
OPA 19 is full of terms such as
Linda
This suggestion has merit.
Revise the third sentence of
"Council may consider applying the
Gassser
Section 4.4.13 as follows:
Municipality's tree preservation by-law".
"Council may-eensider will
Stronger language such as "shall
investigate applying the
investigate" should be used.
Municipality's tree preservation
by-law to the Oak Ridges
Moraine Natural Corridor."
�D
O
C r!
C
SECTION
COMMENT
MADE BY
RESPONSE
RECOMMENDED ACTION
4.4.24
Should make all development proposals
Terry
This revision would be consistent with the
Revise the first sentence of
on the Lake Iroquois Beach, not just
Caswell
existing Official Plan which requires the
Section 4.4.24 to read:
subdivision proposals, subject to an EIS
preparation of an EIS for all development
"An Environmental Impact
applications on the Lake Iroquois Beach.
Study shall be undertaken for
development applications
located on lands within or
adjacent to the Lake Iroquois
The revised policy now states that an
Linda
It is the intent of Section 4.4.24 that any
Beach, any signifieant natural
EIS will be undertaken for development
Gasser
natural heritage feature identified on Map C is
heritage feature identified on
applications located on lands within or
significant and would trigger the preparation of
Map C,and any significant
adjacent to any significant natural
an EIS.
natural heritage feature which
feature identified on Map C. The term
may exist but which is not
"significant" is subjective and open to
presently identified on Map C
interpretation. Many features remain
but of which notice is given in
unidentified and/or unevaluated and
accordance with Section 4.4.6."
therefore their significance is not
necessarily absent, it is not yet
understood.
4.5.9
The Municipality should require core
Libby
The information on Map G is based on the
No change
testing to find out whether or not certain
Racansky
"Mineral Aggregate Resource Inventory
areas mapped on Map G on the Lake
Paper"produced by the Ministry of Natural
Iroquois Beach have good commercial
Resources. This Paper defines which potential
quality aggregate.
mineral aggregate deposits are of primary,
secondary or tertiary significance. All of the
aggregate deposits on the Lake Iroquois
Shoreline are defined as being of primary
significance.
01\
�D
O
W
SECTION
COMMENT
MADE BY
RESPONSE
RECOMMENDED ACTION
4.5.10
Should mention Lake Iroquois Beach in
Terry
It is important to balance competing objectives
Section 4.5.10
Caswell
when determining where aggregate extraction
No change
can and cannot occur. Those portions of the
Lake Iroquois Beach which have significant
natural heritage or socio-cultural features are
identified as not being available for aggregate
extraction operations.
4.5.11
Given that the Official Plan when finally
APAO
This suggestion has merit.
Revise the last point in Section
approved will be a compilation of
4.5.11 to read:
numerous amendments and OMB
• "trailer parks,commercial
modifications, it may be preferable to
and tourism uses existing on
replace this language with the actual
the date of Council approval
date of Council adoption of this portion
of this Plaet October 16,
of this Plan.
2000.."
4.5.24
What is the source for the public
Linda
The Highway 407 Act, 1998 identifies the
No change
exemption for Highway 407 in Sections
Gasser
Highway 407 as a private toll road. However,
4.5.22 and 4.5.23?
in all other aspects (eg. the Highway Traffic
Act and the Environmental Assessment Act),
Hi hwa 407 is considered a public road.
14.4.3
What is the setback for aggregate
Libby
The setback for mineral aggregate extraction
No change
extraction from lands designated
Racansky
operations is regulated by the Aggregate
'Environmental Protection Area'?
Resources Act. The regulations to the Act
specify that no extraction shall occur within 30
metres of an identified natural feature.
15.3.4
Need more detail on uses permitted in
Deb Vice
The storage and processing of paper sludge are
No change
Aggregate Extraction Areas.
Save the
clearly not an aggregate-related use and are
Concerned with storage and processing
Ridges
therefore not permitted by the Official Plan.
of gaper sludge in pits.
Q�
�O
CD
W
N
SECTION
COMMENT
MADE BY
RESPONSE
RECOMMENDED ACTION
15.3.5
Need more detail on uses permitted in
Deb Vice
The establishment of any aggregate-related
No change
Aggregate Extraction Areas.
Save the
industrial use in an Aggregate Extraction Area
Concerned with storage and processing
Ridges
is only permitted by site-specific amendment
of paper sludge in pits.
to the Official Plan, subject to the criteria set
out in Section 15.3.5.
15.3.7
Revise the Official Plan to indicate that
APAO
This suggestion has merit.
Revise the last sentence of
15.3.9
the consultant retained by an applicant
Section 15.3.7 to as follows:
for an Aggregate Extraction Area would
address the requirements of Section
"Applicants who submit a study
4.4.29 through the Aggregate Extraction
that satisfactorily addresses the
Area Study required by Section 15.3.9.
requirements of Section 15.3.9
shall not be subject to the
requirements of Seetiea
Sections 4.4.24,4.4.25,4.4.26,
and-4.4.28 and, except as
provided for in Section 15.3.9
g), 4.4.29 of this Plan."
Revise Section 15.3.9 g)as
follows:
"g)the regnirernents-criteria of
Section 4.4.29 a)to f) of this
Plan for applications located
within the Oak Ridges
Moraine Natural Corridor as
identified on Ma C;"
19.4.4
Landscape features mentioned in
Clarington
The landscape features to be protected and
No change
Section 19.4.4 should be identified.
Public
other elements of the visual environment of the
This would assist in planning for the
Works
highway corridor are most appropriately
future Highway 407 corridor.
addressed in a detailed study.
23
The Implementation section should
CLOC
The exact nature of such a mechanism requires
No change
provide a mechanism to trigger the
further discussions with appropriate agencies,
implementation of watershed planning
including the Ministry of Environment,the
and the monitoring of development
Ministry of Natural Resources and the
�O
w
O
W
w
SECTION
COMMENT
MADE BY
RESPONSE
RECOMMENDED ACTION
impacts on the natural environment.
Conservation Authorities.
23.2.5
It should be clear that the
APAO
Section 23.2.5 only applies to official plan
No change
"discouragement" found in the first
amendments that are not contemplated by the
sentence of Section 23.2.5 did not apply
Official Plan. Aggregate Extraction Areas
to applications for new aggregate
proposed within the Potential Aggregate
extraction areas or expansions to
Resource Areas identified on Map D can only
aggregate expansion areas.
proceed by amendment and are therefore not
subject to this section.
Is the text of Section 15.3.2 sufficient
indication of a "contrary intention"to
satisfy the opening phrase of Section
23.2.5?
The phrase " and the proponent of an
CLOC
This suggestion has merit.
Revise Section 23.2.5 (d)to
amendment may be required to submit
read:
reports from qualified professionals" is
" d) the impact on the natural
misleading and contradicts the
environment4ne-ludin&,-wheee
requirements of Section 4.4.24 which
states that the Municipality will select
suFf ee water, and the Nato a
and retain a consultant to prepare an EIS
Heritage System and L
at the expense of the proponent.
Charaetensties identified on
Map C and Map D in
accordance with Section 4.4.24
of this Plan, and having regard
for the natural and other
hazard identi :ed on Ma
p D;"
24.13
Fish habitat has very broad definition
Linda
It would be appropriate to include the
Revise Section 24.13 to include
under MNR guidelines.
Gasser
definition of 'Fish Habitat'provided in the
a definition of'Fish Habitat'as
All the terms and definitions in OPA 19
Provincial Policy Statement.
follows:
need to be clear and based upon existing
"The spawning grounds and
accepted definitions; otherwise
nursery, rearing, food supply,
interpretations will vary.
and migration areas on which
fish depend directly or indirectly
in order to carry out their life
rocesses."
O�
O
W
SECTION
COMMENT
MADE BY
RESPONSE
RECOMMENDED ACTION
24.13
Does not like the existing definition of
Jessica
The existing definition was not reviewed at the
Revise Section 24.13 by
Natural Heritage System.
Markland
time the new policies were developed. The
amending the definition of
Does not reflect the new policies
definition of Natural Heritage System should
"Natural Heritage System to
be revised to be more consistent with the
read as follows:
revised policies.
"A connected group of natural
areas,and the native flora,
fauna,and related geological
features and landforms that
contribute to the health and
biodiversity of the natural
environment.
The natural heritage systems
may-ineludes system includes
natural core areas,(such as areas
ef natural and seientifie interest,
wetlands, or wildlife habitat)
natural corridors '°° s,
streams,
and,, .�>s linkages
or resteFed read eF Fail
allewaneesj including
naturalized road or rail
allowances that connect natural
core and corridor areas."
Map A
It is not appropriate to designate the
Libby
No change to the designation of the Highway
No change
Highway 407 Corridor as 'Green Space'.
Racansky
407 corridor on Map A is proposed. The
These lands should be designated as
designation of the Highway 407 corridor on
"Open Major System".
Map A corresponds to the designation in the
Regional Official Plan.
Maps A,
Why do Maps A, C and G not reflect the
Libby
Maps A, C and G will be amended to reflect
No change
C and G
new boundaries of the Black Farewell
Racansky
the revised boundaries of the Wetland
Wetland Complex?
Linda
Complex through a separate amendment to the
Gasser
Official Plan.
O�
O
C�
SECTION
COMMENT
MADE BY
RESPONSE
RECOMMENDED ACTION
Maps C 1
New Map C 1 shows woodlands that are
Bill
The woodlot mapping in the 1996 Official Plan
Revise new Map C 1 to indicate
and C2
not shown on existing Map C I in the
Manson
was updated to reflect changes that occurred in
woodlots in Hancock and
Hancock Neighbourhood, the Highland
the Courtice Urban Area. in the early 1990s.
Highland Neighbourhoods and
Neighbourhood, and Special Study Area
This was overlooked in drafting the
Special Study Area 6 as shown
6. Change to reflect woodlands shown
amendment document.
on existing Map C 1.
in existing Map C1.
A tributary identified as a warm water
City of
CLOC Staff have advised that the tributaries
No change.
stream on Map C is identified by the
Oshawa
are 'cool water streams', and therefore cannot
Harmony Creek Watershed Study as a
be categorized as either warm or cold water
cold water stream.
streams. Any required revision to Map C can
A tributary identified as a cold water
be accommodated through a modification at a
stream on Map C is identified by the
later date.
Harmony Creek Watershed Study as a
warm water stream,
Check the northern edge of the Long
APAO
The northern boundary of the Long Sault
Revise Map C2 so that the
Sault Forest to determine if a minor
Forest is shown correctly on Map G,but is not
northern boundary of the Long
boundary adjustment is necessary.
correct on Map C2.
Sault Forest corresponds to that
shown on Map G.
Map G
Are not special features on the Lake
Libby
Aggregate extraction is excluded from
No change
Iroquois Beach, such as the Provincially
Racansky
provincially significant wetlands.
Significant Black Farewell Wetland
Revised mapping for the Black Farewell
Complex, Stephen's Gulch, Clarke
Wetland Complex is proceeding by separate
Summit Swamp and the Newtonville
amendment to the Official Plan.
Bog of the same importance? That
portion of the Black Farewell Wetland
Complex that is remaining should be
protected from a re ate extraction.
Why do only the Ganaraska Forest and
Linda
The two Forests are being given the same level
No change
the Long Sault Forest get special
Gasser
of protection as other features and areas
protection?
identified in Section 4.5.10.
SECTION
COMMENT
MADE BY
RESPONSE
RECOMMENDED ACTION
Twenty areas have identified for
APAO
There is merit in including the following four
Revise Map G to include the
possible inclusion in the Potential
areas in the Potential Aggregate Resource
subject areas in the Potential
Aggregate Resource Areas identified on
Areas shown on Map G:
Aggregate Resource Areas
Map G.
. 16 ha woodlot located immediately east of
Hwy 115 (Lot 20, Cone. 9, Clarke). It is
adjacent to small plantations and block of
transitional woodland to the north;
• western portion of the woodland in Lot 27,
Cone. 9, Clarke which is planted;
• small triangle of land south of Regional
Road 20 and north-west of Mosport;
• isolated 7 ha hardwood east of Highway
35/115 (Lot 23, Conc. 8, Clazke .
O\
O
w
ATTACHMENT NO.2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2000- _
being a By-law to adopt Amendment No. 19 to the Clarington Official Plan
WHEREAS Section 17(22) of the Planning Act R.S.O. 1990, as amended, authorized the Municipality
of Clarington to pass by-laws for the adoption orrepeal of Official Plan Amendments thereto;
M'D WHEREAS the Council of the Corporation of the Municipality ofClarington deems it advisable
to amend the Clarington Official Plan:
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. That Amendment No. 19 to the Clarington official Plan, being the attached 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. 19 ofthe Clarington Official Plan; and
3. This By-law shall come into effect on the date of the passing hereof.
BY-LAW read a first time this day of
2000.
BY-LAW read a second time this day of
2000.
BY-LAW read a third time and finally passed this day of
2000.
MAYOR
CLERK
699037
OFFICIAL PLAN AMENDMENT NO. 19
CLARlNGTON OFFICIAL PLAN
PURPOSE:
The purpose of this Amendment is to incorporate new policies related to the
protection of the natural environment into the Clarington Official Plan.
BASIS:
As the result of concerns identified by the Aggregate Producers' Association of
Ontario (APAO), a number of the natural environment policies and mineral
aggregate policies in the Clarington Official Plan were either referred or appealed to
the Ontario Municipal Board. Negotiations between the Municipality ofClarington
and the AP AO, with representation from the Province, the Region of Durham, the
Conservation Authorities and public interest groups, have produced both new and
modified Official Plan policies that provide improved protection and stewardship of
both the Municipality's natural heritage system and mineral aggregate resources.
The new policies are proposed to be incorporated into the Clarington Official Plan
through Amendment No. 19, while the modified policies are proposed to be
incorporated through Modification No. 173.
ACTUAL
AMENDMENT:
1.
The Clarington Official Plan is hereby amended as follows:
By renumbering the following existing sections:
a) Existing Section 4.2.3 as new Section 4.2.7;
b) Existing Section 4.3.1 as new Section 4.3.3;
c) Existing Section 4.3.3 as new Section 4.5.3;
d) Existing Section 4.3.4 as new Section 4.5.6;
e) Existing Section 4.3.5 as new Section 4.3.1;
f) Existing Section 4.3.6 as new Section 4.3.2;
g) Existing Section 4.4.2 as new Section 4.4.15;
h) Existing Section 46.1 as new Section 4.4.19;
i) Existing Section 4.6.3 as new Section 4.4.21;
j) Existing Section 4.6.4 as new Section 4.4.22;
k) Existing Section 4.6.5 as new Section 4.4.23;
I) Existing Section 4.7.6 as new Section 4.5.8;
m) Existing Section 4.7.7 as new Section 4.5.7;
699038
n) Existing Sections 4.8.2 to 4.8.15 inclusive, including the titles "Hazard
Lands", "Regulatory Shoreline Area", "Waste Disposal Assessment Areas",
and "Contaminated Sites", as new Sections 4.6.2 to 4.6.15 inclusive;
0) Existing Section 4.9 as new Section 4.7;
p) Existing Sections 4.9.1 to 4.9.4 inclusive as new Sections 4.7.1 to 4.7.4
inclusive.
q) Existing Section 145.1 as new Section 14.5.2;
r) Existing Section 14.7.1 as new Section 14.7.2.
s) Existing Section 14.7.2 as new Section 14.7.1.
2. In existing Section 14.7.3, by deleting the words "Map C" and replacing them with
the words "Map D ", and by deleting the numbers "4.8.7" and "4.8.8" and
replacing them with the numbers "4.6.7" and "4.6.8" respectively.
3. By deleting existing Sections 4.1.1 and Section 4.1.2 and by adding new Sections
4.1.1 and 4.1.2 as follows:
"4.1.1 To enhance the natural heritage system and its ecological integrity.
4.1.2 To promote responsible stewardship of the natural heritage system and
wise use of natural resources in order to provide long term and
sustainable environmental, economic and social benefits."
4. By adding new Section 4.2.8 as follows:
"4.2.8 To protect and enhance the Ganaraska Forest and the Long Sault Forest
and to provide for an appropriate natural corridor between them. "
5. By deleting existing Section 4.3.2 and by adding new Section 4.5.4 as follows:
"4.5.4 Groundwater resources are a vital component of the ecosystem and a
source of drinking water. The Municipality does not support the removal
for commercial sale of groundwater, and the uses associated with this
activity shall not be permitted."
6. By deleting existing Section 4.3.9 and by adding new Section 4.4.7 as follows:
"4.4.7 Development will not be approved where an Environmental Impact Study
completed in accordance with Section 4.4.24 identifies unacceptable
negative impacts on the natural heritage system."
7. By deleting existing Section 4.3.10 and by adding new Section 4.4.5 as follows:
"4.4.5 The Municipality will use all efforts to require the restoration of any
significant natural heritage feature identified on Map C which has been
damaged or removed. The removal of a natural heritage feature, in
699039
particular woodlands, shall not be considered as the basis for approving
any development application. "
8. By adding new Sections 4.4.2 and 4.4.3 as follows:
"4.4.2 The most significant natural heritage features form the core components
ofthe natural heritage system. These are:
. all evaluated wetlands
· all Areas of Natural and Scientific Interest (ANSI), except for the
Bowmanville Quarry
. all significant woodlands
. all significant valleylands
. the Ganaraska Forest and the Long Sault Forest
. all fisheries habitat, including permanent streams
. habitat for threatened and endangered species
. rare vegetation communities
. significant wildlife habitat
. groundwater discharge areas.
4.4.3 Other natural heritage features provide support to the core components
and are important to maintaining the health and biodiversity of the natural
heritage system. These include:
. unevaluated wetlands
. intermittent streams
. uncommon vegetation communities
. small woodlots and hedgerows
. transitional woodlands
· groundwater recharge areas.
These natural heritage features are not shown on Map c."
9. By adding new Section 4.4.8 as follows:
"4.4.8 The following areas in the Municipality are particularly important to the
natural heritage system of the Municipality:
699040
. the Oak Ridges Moraine
. the Lake Iroquois Beach
. the Lake Ontario Waterfront."
10. By deleting existing Section title "4.4 Oak Ridges Moraine" and by adding a new
title "Oak Ridges Moraine" after new Section 4.4.8.
11. By adding new Sections 4.4.11,4.4.12,4.4.13 and 4.4.14 as follows:
"4.4.11 The Ganaraska Forest and the Long Sault Forest, both of which are
located on the Oak Ridges Moraine, are identified on Map C. This Plan
also recognizes that the Forests extend beyond the Municipality's
boundaries. The Forests are significant because oftheir size, the
diversity of wildlife habitat they provide including large areas of interior
forest habitat, and their important watershed functions of groundwater
recharge and discharge and erosion control. It is Council's policy that
the Ganaraska and Long Sault Forests are to be protected and managed
through appropriate public acquisition and public and private land
stewardship initiatives in accordance with Section 4.3.3 to enhance their
natural heritage value. Council will investigate applying the
Municipality's tree preservation by-law to the two Forests.
4.4.12 The Oak Ridges Moraine Natural Corridor as identified on Map C
connects the Ganaraska Forest and Long Sault Forest. The Corridor
includes many heritage features which provide habitat for wildlife. The
protection and enhancement of wildlife habitat within the Corridor will
provide animals and plants with the opportunity to move between the two
Forests and throughout the natural heritage system, and will help ensure
that the natural heritage objectives of this Plan are implemented.
4.4.13 The Oak Ridges Moraine Natural Corridor is intended to function as a
major corridor within the Municipality's natural heritage system. Owners
of land within the Corridor are encouraged to practice responsible land
stewardship in order to enhance the amount and quality of wildlife habitat
in the Corridor, including the preparation and approval of Managed Forest
Plans. Council will investigate applying the Municipality's tree
preservation by-law to the Oak Ridges Moraine Natural Corridor.
Applications for Official Plan Amendment or Rezoning for new land uses
within the Corridor shall be accompanied by a study as required by
Section 4.4.29 of this Plan to demonstrate that the new development does
not negatively impact the important ecological functions of the Corridor
as intended by this Plan.
4.4.14 The provincial government is encouraged to investigate and implement
measures to facilitate the movement of wildlife across Highways 351115
and the future Highway 407 where these highways cross the Oak Ridges
Moraine Natural Corridor.
699041
12. By deleting existing Section title "4.5 Lake Iroquois Beach" and by adding a new
title "Lake Iroquois Beach" after new Section 4.4.16.
13. By adding new Section 4.4.18 as follows:
"4.4.18 Except for aggregate extraction, Council shall endeavour to maintain the
form, character and variety of landscapes within the Lake Iroquois Beach
by encouraging only minimal modification to the natural contours of the
land and the retention of natural landscape features, including woodlands
and wetlands. In the case of an Aggregate Extraction Area, the extraction
and rehabilitation plans for the pit shall seek to create compatible
landforms and provide continuous forest cover where reasonably
practicable. "
14. By deleting Sections 4.5.2 and 4.5.3 and by adding new Section 4.4.27 as follows:
"44.27 Any subdivision proposal located on the Lake Iroquois Beach shall be
accompanied by an Environmental Impact Study as required by Section
4.4.24. As a condition of draft approval, plans of subdivision located
within the Lake Iroquois Beach shall contain provisions to implement the
recommendations of any Environmental Impact Study, watershed study or
sub watershed study to maintain or enhance groundwater functions,
including but not limited to, special house and infrastructure design
requirements, storm water management or construction techniques."
15. By adding new Section 4.4.29 as follows:
"4.4.29 A study shall be undertaken for any Official Plan Amendment or rezoning
application located on the Oak Ridges Moraine Natural Corridor as
identified on Map C. The Municipality shall select and retain qualified
professional expertise to prepare the study, with the expense of the study
being borne by the proponent. The Study shall address how the lands
subject of the development application function as part of the Corridor
and how the proposed new development will not negatively impact the
important ecological functions of the corridor. Such study shall:
a) provide an inventory of vegetation and wildlife habitat on and
within the vicinity of the proposed development site;
b) provide a comprehensive survey of wildlife use ofthe proposed
development site and adj acent lands;
c) identify the anticipated impacts from the proposed development and
its associated activities, including noise, dust and vegetation
removal, on the natural heritage features within the Corridor and the
function of the Corridor;
d) identify lands where forest cover should be preserved or enhanced;
and
699042
e) demonstrate that the proposed development will not negatively
impact the important ecological functions of the Corridor; and
f) identify appropriate measures to mitigate the identified impacts of
the proposed development on the natural heritage features on and
adjacent to the proposed development site, and on the function of
the Corridor as set out in Section 4.4.13.
The study shall ensure that if development interferes with the functions of
the Corridor or removes a portion of the Corridor, that opportunities for
movement within the Corridor and around the development remain. "
16. By adding a new title "Studies" before new Section 4.4.24.
17. By deleting existing Section title "4.6 Lake Ontario Waterfront" and by adding a
new title "Lake Ontario Waterfront" after new Section 44.18.
18. By deleting existing Section 4.6.2 and by adding new Section 4.4.20 as follows:
"4.4.20
The Municipality will establish a continuous Waterfront Trail for such
purposes as walking and cycling along the Lake Ontario Waterfront.
The Waterfront Trail shall connect, wherever reasonably practicable,
to other trails, corridors and natural areas within the Municipality and
adjacent municipalities.
19. By deleting the Section title "4.7 Natural Features", and by adding new Section
title "4.4 Natural Heritage System".
20. By adding a new Section title "4.5 "Natural Resources".
21. By adding new Section 4.5.1 as follows:
"4.5.1 The Municipality will encourage the wise use and management of natural
resources. "
22. By adding a new title "Soil" after new Section 4.5.1.
23. By adding new Section 4.5.2 as follows:
"4.5.2 Soils with a Class 1-3 rating under the Canada Land Inventory of Soil
Capability for Agriculture shall generally be preserved and protected for
agriculture. Land uses that are not compatible with agriculture shall be
discouraged from locating on or adjacent to lands with Class 1-3 soils."
24. By adding a new title "Water" after new Section 4.5.3.
25. By adding new Section 4.5.5 as follows:
"4.5.5 The maintenance of an abundant supply of clean water is essential to the
health of ecosystems and the quality oflife ofresidents. The
Municipality will co-operate with other levels of government and private
699043
and public agencies to promote the conservation and wise use of surface
water and groundwater resources. "
26. By adding a new title "Woodlands" after new Section 4.5.6.
27. By deleting Section title "4.8 Land Characteristics", and by adding new Section
title "4.6 "Hazardous Conditions".
28. By deleting existing Section 4.8.1 and by adding new Section 4.6.1 as follows:
"4.6.1 Hazard Lands, the Regulatory Shoreline Area, and Waste Disposal
Assessment Areas, as identified on Map D, and Contaminated Sites, are
lands which possess characteristics which could pose a threat to public
health and safety or property. Additional information regarding hazardous
conditions may become available through the detailed evaluation of
development applications or further study. Map D may be revised to
reflect such additional information without the need for an amendment to
this Plan. "
29. In existing Section 11.6.6, by adding the words "or aggregate transfer station" after
the word "plant".
30. In existing Section 14.1.1, by deleting the words "the Oak Ridges Moraine, Green
Space and the Waterfront Greenway".
31. In existing Section 14.2.1, by deleting the words "To protect the most significant
features of the Municipality's natural environment" with the words "To protect
significant natural heritage features".
32. In existing Section 14.3.1, by adding the word "Greenway" after the words "Oak
Ridges Moraine".
33. In existing Section 14.4.3, by adding the word "heritage" after the word "natural" in
the third sentence.
34. By adding new Section 14.5.1 as follows:
"14.5.1 Green Space lands as designated on Map A are intended to link other
significant components of the Municipality's Open Space System,
including the Oak Ridges Moraine Greenway, the Lake Ontario
Greenway and stream valleys. Green Space lands are also intended to
function as urban separators. A significant portion of the Lake Iroquois
Beach is designated Green Space."
35. In existing Section 14.6, by adding the word "Greenway" after the word
"Moraine" .
36. By adding new Section 14.6.1 as follows:
"14.6.1 The Oak Ridges Moraine Greenway, as designated on Map A, is
recognized as one of the most significant landforms in the Municipality
699044
and southern Ontario. Except as otherwise provided in this Plan, Council
shall restrict the land uses permitted on the Oak Ridges Moraine
Greenway to those which maintain or enhance the landscape character
and the essential ecological functions."
37. By adding new section 14.6.3 as follows:
"14.6.3 In addition to the other policies of the Plan, the Oak Ridges Moraine
Greenway is subject to the policies set out in Sections 4.4.9 through to
4.4.16 and Section 4.4.28 of this Plan."
38. By adding new section 19.4.4 as follows:
" 19.4.4
The corridor for the future Highway 407 is designated on Map A as
Green Space. The highway shall serve as a gateway to the
municipality. In this regard, a high quality visual environment shall
be maintained for users ofthe highway This shall be achieved through
the protection of prominent landscape features and the provision of
treed and landscaped buffer strips along each side of the highway and
within interchanges. In addition, significant vistas and view corridors
visible from the highway, in particular where it crosses the Oak Ridges
Moraine, shall be protected. "
39. In existing Section 24.6, by deleting the words "C and D" and replacing them with
the words "C, D and G", and by adding the following sentence at the end of the
section:
"Minor deviations to the boundaries of the identified features may be permitted
without amendment provided such deviations do not alter the intent of this Plan. "
40. In existing Section 24.13, by deleting the definition of "Ecosystem" and replacing
it with following new definition:
"Ecosystem
A system in which living organisms, including humans, interact with each other
and their non-living physical environment in a series of complex and inter-related
relationships. Ecosystems exist at different scales, including site, local, regional,
provincial, national and global scales."
41. In Section 24.13 in the definition of "Recreation - Passive", by adding the words
"the minimal removal oftrees" after the words "land surface".
42. In Section 24.13, by adding the following new definition:
"Fish Habitat
The spawning grounds and nursery, rearing and food supply, and migration areas
on which fish depend directly or indirectly in order to carry out their life
processes. "
699045
43. In Section 24.13, by deleting the existing definition of "Natural Heritage System",
and by adding the following new definition:
"Natural Heritage System
A connected group of natural areas, and the native flora, fauna, and related
geological features and landforms that contribute to the health and biodiversity of
the natural environment.
The natural heritage system includes natural core areas, natural corridors, and
linkages including naturalized road or rail allowances that connect natural core and
corridor areas. "
44. On Map Al (Darlington) and Map Al (Clarke), in the legend, by adding the word
"Greenway" after the words "Oak Ridges Moraine".
45. By amending Map Al (Clarke) as indicated by Schedule "A" to this Amendment.
46. By deleting existing Maps Cl to C4 and replacing them with new Maps CI to C4,
entitled "Natural Heritage System", and new Map D entitled "Natural Hazards and
Land Characteristics", as indicated by Schedules "B" through to "F" to this
Amendment.
IMPLEMENTATION:
The provisions set forth in the Clarington Official Plan, as amended,
regarding the implementation of the Plan, shall apply in regard to this
Amendment
INTERPRETA nON:
The provisions set forth in the Clarington Official Plan, as amended,
regarding the interpretation of the Plan, shall apply in regard to this
Amendment.
699046
SCHEDULE "A"
AMENDMENT No. 19 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN,
MAP C1, NATURAL HERITAGE SYSTEM, SOUTH DARLINGTON
.-.t. II
.
.
u
"
<
.
&&
<~
Oz
Zo
00
o.
.~
zw
<"
..
~<
n
I'
, I
Ii
~,
,i<;;;;'; uuI'u, -
~ I'
, 1/
,
"00"111 ~ u', >
~ ..J,lc." ,
~;;'o..-=--c,t:....':::::...~_.:.....
~ .
~ 8J:
~ ~~~
U OOID
~ lLU{f.l
Q. g~g
~ ::ii:::lO
~ ~~~
. ~
w 5~~
~ U)O~
~ ~ I i
Z
~
.
w
.
o
"
"
~ ~
" ~ ::,;:
~ 8~ ~5t;~U'i
:0 ~z ...J...J~~O::
>- >-:5 ~~wt;jt;
gJ wCl <(::II- 0::
W ::l8 <(I-~ffiw
~ <(:s: :.:'~()f--!:i
Ii? ;::1- ~~~~:s:
w zz Z::,;:
J: g5ti ~U'i~9o::
;;l :5!!:;!!; ~~g8~
!S ~~~ ',j I. ':
!;t >(1)(1) : I
z ~.Im I: '
:;
UJ
I- Z 'II
~ z g ;!
Ul ~ ~ ;!Ih
UJ " ~~ 1!l11
(j " Z
.. ::;
a. I- " ~~ u i~'
.. ir <(
:;; UJ Q ii:~ 8' 01
:J: '" u.....J It'~
.... >- o~ ~ a",
=>
.. 0 u "'ia~
'" '" z 8r
:;) o o.
I- ::ii: ,;:~
..
Z
699047
SCHEDULE "8"
AMENDMENT No. 19 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN,
MAP C2, NATURAL HERITAGE SYSTEM, NORTH DARLINGTON
. ~ :;;
'~.l! ~
w UJ
~
0 I- Z 1
. " ~ ~ ,!
" z
~ . 0 " Ul ~ ~ ;! I~i
~ . . UJ z~ . !-I
W 8I ~ Z " ~;'j liil!
" < (l)t(l ~ ~ . N " Z
. . ~o:0 . ".~ u ;": ::;
> .~~ w !f~ 9
. >. u " f3U'irr " ...J LL "'~ ,~!
0 00. . 550 a. ir <( <0. 'I
.. ~:;f2 ~~~ ..
'0 0 > w~~ UJ Q ~S ~;j"!
. ~ >0 Z >-~~ :;;
Oz !::~g w ~8 ~ :I: Z
ZO W Z.w >- 0< .1'1
00 0 '00 ~ ~~ ~ 9~~ .... " ~ 'ili
o. ~ :::;1--0
.e J:~I!; ~ ~~ ~ ~s:s: .. 0
zw . ~~~ . 0:: z
.~ w w Q<l:< <( ZOO :;) o .-
.. I , ZUO z !!l6~ I- ~ ~
<< " ~05 " j!!:;l!; ;3
n ~ i1i ~ gO$: ..
" I-ZZ I 1 i z
-I 0 ~ ~*~ I
Ii e I
. I
Z z ~.I!!i I I
"~O=-~='-"r=-
II
17. ~ '
\. ,~
CS] Q
" f'l
__ \avo"lI 1:J{J
'-'~~I
==--
699048
SCHEDULE "C"
AMENDMENT No. 19 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN,
MAP C3, NATURAL HERITAGE SYSTEM, SOUTH CLARKE
.
.~. I!
.
.
u
"
.
~
~~
<~
Oz
Zo
00
o.
~o
~~
~~
( ,
, 1
Ii
.
~ 8J:
~ ~~~
<..1 OOlD
::i LLO(l)
o 0....1-
a.. !::~g
W ::i:=,O
C) :it-o
~ J:~~
~ ~
W o=:l~~
J: lI)O:S
Lli
z
~
.
w
~
o
"
"
~ g
. z
C) ~ :::i:
~ ~~ ~f5t;J~i1i
I- Zz ....I...JwuJo::
~ ~:s ~;iffig:t;:;
(I) ~8 <~~~ll::
~ ""'0 ;:;;<(-w~
~ ~5: (J)z~!;(<{
1r !Z~ ;i15f=:~~
~ ~;j<3 ~i1i~g~
~ ::)g;g: ~~g8~
a:: I-ZZ .. I'
~ ~~~ I j i
~ ~'.rm Il I
t5 iiI!
Gill
~~ lii,l
~15 w~dl
u:: ~ ge ..~I
15=i ~ h'
Q ~ Iii
5 ,"
:!; -~;
N
U
"
<
.
:!;
UJ
I-
~
Ul w
w'"
.., '" "
<'>;!: :3
~ 0: ~
~ ~ ~
.... 0
~ '"
:;)
I-
..
Z
.
,
d _n ~,\o--7 --- --o-",,~- ~I'---=-=--'-'--- 0.....''''''
~V' '..'
" ')
I: iil
.'lJ -- ,~
';]1 --
tit! {
,
,I
,-'_7-
~'/
_ ___JL ___
--- ---,I/<ii'i5""""","",
Ii /,
699049
SCHEDULE "D"
AMENDMENT No. 19 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN,
MAP C4, NATURAL HERITAGE SYSTEM, NORTH CLARKE
.~. I!
.
N
U
"
<
.
u
"
<
~
~6:
~ti
~~
og
."
zw
<"
..
~~
"
, 1
Ii
~ .
~ 8x
< ~1i:0
t; ~i5~
::i u.O(/)
It g~~
W :5:=:10
~ ::il-Q
l- :c~~
Ii: I-~w
~ g~5
Lli
z
~
.
w
~
o
"
"
~ ~
o $. ::i:
~ ~8 i5(5~~i1i
>- ~z ....I....IWuJc::
~ ::5 o~D::r:ti
. 0 ~~~.~
UJ --'8 <{<_c::w
~ ~~ t:j:z~~~
it: 1-1- ~~~S:?;
~ o::i~ .$~mg~
zou <n:oo<
~ ~~~ <i~{J)o, ~
~~~~I~ I
~ ~.1!iJ I i I
:;;
~
Ul
>-
Ul w
UJ '"
...""
u .. :3
D..!:: t)
.. " '"
:E ~ b:
.... 0
ill Z
:;)
I-
..
Z
z '~I
~ ii!1
o II'
z~ ~ ;!
~u II 'I.'
....Iu... ..~ II
~~I'iil
~~ ! '.
" ",.
zllJ
~ ,111
::;: '..
699050
SCHEDULE "E"
AMENDMENT No. 19 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN,
MAP D, NATURAL HAZARDS AND LAND CHARACTERISTICS
I,ll I
'.::::. '
:,:.:"
z
~!3 ~ z il
ce- CI 0 I!
(I)~~ ~ ~
Oll::l z" '!
c ~ ~ ~ ~d ~ ~ ~
a. ~c( 0 -'~ "'.... g
~ :J: II: ~ ~> ~ ' 'I
...J c( t:: ES g ~ "
<(:J:...I 0.0: "' ~
a::U ~ f:J '" I'
:::Ie - z r!
~z~ ~ ~
z:5 ~ ~~
~ < ~ ~~
o <'i rr:: ~...;
5 z ii:-< ~ a-'z
g g ~'Z! :5 !5~
z 9 ~~ ~ I!!~
~ ~ ~~ ~ ~~
- ,.,... ./ ~ :::;t\ 'UC' ~ \ 1
..,..,.,.1" ) a....... -'I-
I ......... II .,.,., '....
r '"]j 1,1 ,-..... li- h 7'" ...
~ l!I:f \ \ "- . ,\~..y-> '" ;
/ ~~ ~ '" ~ 0II8tI1 "JI
..r - '"'- --/ \'~ ~'_~ ;r
f\. ~ ~ - ~ I I)
~ ~ j -:----.; ~ 'If- - -
r-. L'.I. J, .....-l ~ --! '"
'- ",'J.. ! ~ ~ "" ~~1'-' ""'~~ \. ~
l?"~ - '\ \' ~ z ~
" D-,
r ~ \ ~u<~ :,! l ~
I\... \.1;;~ ~ --, j~ I. v -~ V ~
.~ ~ 'v!,""V I ,"l -' J:.~
-- ~ J
.- ~ " " j ~\<:;/
It /r-;J,____ ~_-~_ ,.L"'3' ~F ~;),'
L.I.V" W~ f-;Ilff-, ILi \ [,.J \ \1
\- I ~~ .. ---.....: .r.J I' ) if
/~ \i'J~ '-- ,~_, :wl,; '- : 1,1 ~r
\---... y. '-.1 !L':I\I... I\....."'j; II/~
.J ~j;:t"'_ I - ai . I;
n T~.__ 'Ii If!
~ J~ ' .. ':.li-~ ~ ~11; q -~: i
,
699051
ATTACHMENT 3
PROPOSED MODIFICA nON NO. 173 TO THE
CLARINGTON OFFICIAL PLAN
The Ontario Municipal Board will be requested to modify the following provisions of the existing
Clarington Official Plan as amended by Official Plan Amendment No.3, and to approve the policies as
set out below as modified.
The Clarington Official Plan and Official Plan Amendment NO.3 are hereby modified as follows:
I. By deleting existing Sections 4.2.1,4.2.5 and 4.2.6, and by adding new Sections 42.IA, 4.2.2A
and 4.2.3A as follows:
"4.2.1A
4.2.2A
4.2.3A
To achieve in the public interest, an appropriate balance between the protection of
the Municipality's natural heritage system and the management of its natural
resources. "
To protect natural heritage features and functions from incompatible development.
To enhance ecological processes, biodiversity and connections within the natural
heritage system."
2. By deleting existing Section 4.2.2 and by adding new Sections 4.2.5A and 4.2.6A as follows
"4.2.5A
4.2.6A
To recognize and protect the Oak Ridges Moraine for its unique landform
characteristics, its significant function of groundwater recharge and discharge, its
significant natural heritage features and their ecological functions, and its
significant aggregate resources.
To recognize and protect the Lake Iroquois Beach for its significant function of
groundwater recharge and discharge, its significant natural heritage features and
their ecological functions, and its aggregate resources."
3. By deleting existing Section 4.3.7 and by adding new Sections 4.4.IA and 4.4.4A as follows:
"4.4.1A
4.4.4A
The many and diverse natural heritage features found in Clarington, together with
their ecological functions, collectively comprise the Municipality's natural heritage
system. The approximate location of those natural heritage features which can be
mapped is shown on Map C. In addition, there are a number of natural heritage
features which cannot be shown on Map C, due to either inadequate information or
the nature of the feature. These features are also important to the integrity of the
natural heritage system.
Additional information regarding significant natural heritage features may become
available through the detailed evaluation of development applications or further
study. Map C may be revised to incorporate such additional information without
the need for an amendment to this Plan. "
699052
4. By deleting existing Section 4.3.8 and by adding a new Section 4.4.24A as follows:
"4.4.24A
An Environmental Impact Study shall be undertaken for development applications
located on lands within or adjacent to the Lake Iroquois Beach, any natural
heritage feature identified on Map C, and any significant natural heritage feature
which may exist but which is not presently identified on Map C but of which
notice is given in accordance with Section 4.4.6. The Municipality, in consultation
with the Region of Durham, the Conservation Authority and other agencies, will
select and retain qualified professional expertise to prepare the Environmental
Impact Study. The expense of the study shall be borne by the proponent. The
Study shall:
a) examine the functions of the natural heritage features, their sensitivity and
their significance;
b) identify the location and extent of sensitive or significant natural heritage
features;
c) identify the potential impacts of the proposed development on the natural
heritage features and their ecological functions;
d) identify any lands to be preserved in their natural state;
e) identify mitigating measures to address the negative effects of development
on the natural heritage features, and their ecological functions, including
setbacks for development;
f) identify the potential for restoration and/or creation of wildlife habitat; and
g) examine the cumulative impact of the existing, proposed and potential
development, including the impact on groundwater function and quality."
5. By deleting existing Section 4.4.1 and by adding new Section 4.4.9A as follows:
"4.4.9A
The Oak Ridges Moraine is a unique landform, valued for its combination of
scenic qualities, natural heritage features particularly its forests, its groundwater
resources and its aggregate resources. This Plan seeks to achieve an appropriate
balance between the use of the Moraine's resources and the maintenance and
enhancement of its scenic values and essential ecological functions, including the
provision of wildlife habitat, and the recharge and discharge of groundwater. "
6. By deleting existing Section 4.4.3 and by adding new Section 4.4.l6A as follows:
In addition to the other provisions of this Plan, the use ofland on the Oak Ridges
Moraine shall be subject to the policies set out in Chapters 12, 13, 14 and 15"
7. By deleting existing Section 4.5.1 and by adding new Section 4.4.17A as follows::
"4.4.16A
"4.4.l7A
The Lake Iroquois Beach, as identified on Map C, is an important landform within
the Municipality's landscape. The extensive forested areas and wildlife habitat of
the Beach provide an east-west natural corridor across the Municipality. This
landform is also valued for its groundwater recharge and discharge functions, its
landscape features and its aggregate resources."
699053
8. By deleting existing Section 4.7.1 in its entirety.
9. By deleting existing Section 4.7.2 and by adding new Section 4.4.6A as follows:
"4.4.6A
The policies of this Plan shall also apply to any significant natural heritage feature
which has been identified by the Municipality, the Region, a Conservation
Authority or the Province, but which is not presently shown on Map C. Where a
significant natural heritage feature is not identified on Map C, it does not
necessarily mean that the feature or part thereof may be developed or altered in
any way. Should a significant natural heritage feature be identified through the
review of a development application and written notice given to the applicant, the
preparation of an Environmental Impact Study pursuant to Section 44.24 shall be
required. "
10. By renumbering existing Section 4.7.3 as new Section 4.4.25A, and by deleting the numbers
"4.3.8" and replacing them with the numbers "4.4.24".
II. By deleting existing Section 4.7.4 and by adding new Section 4.4.26A as follows:
"4.4.26A
Prior to the approval of any development proposal that includes the removal of
part or all of a woodland located within an existing or proposed settlement area but
not identified on Map C, the significance ofthe woodland shall be assessed in
accordance with Section 4.4.24 ofthis Plan and, if appropriate, a woodland
preservation and management plan shall be prepared and submitted to the
satisfaction of the Municipality and other review agencies"
12. By deleting existing Section 4.7.5 and by adding new Section 4.3.4A as follows:
"4.3.4A
The Municipality will pursue a variety of mechanisms to achieve the preservation
of woodlands, such as the preparation offorest management plans, municipal
purchase, parkland dedication, gratuitous dedication, density transfers, and the
enactment of a tree preservation by-law under the Municipal Act."
13. By deleting existing Section 4.7.8 in its entirety.
14. By deleting existing Sections 4.10.1,4.10.2,4.10.3 and 4.10.5 and by adding new Sections
4.4.10A, and 4.5.9A to 4.5.24A inclusive as follows:
"4.4. lOA
4.5.9A
Except for aggregate extraction, Council shall endeavour to maintain the form,
character and variety of landscapes within the Moraine by encouraging only
minimal modifications to the natural contours of the land and the retention of
natural landscape features such as woodlands. In the case of an Aggregate
Extraction Area, the extraction and rehabilitation plans shall seek to create
compatible landforms and provide continuous forest cover where reasonably
practicable.
Council will exercise its available powers to balance the wise use and protection of
the Municipality's mineral aggregate resources with its responsibility to protect
the ecological integrity of the natural heritage system, rural landscapes and the
699054
4.5.l0A
quality oflife of its residents. Council shall pursue the following policies in order
to achieve this balance:
a) Ensure that aggregate extraction occurs in an orderly and efficient manner
with a minimum of environmental, social and financial impacts. In this
regard, Council will be guided by applicable provincial standards;
b) Prevent the establishment of land uses which could hinder future aggregate
extraction in and adjacent to areas with an unconstrained potential for
aggregate extraction;
c) Plan and zone for mineral aggregate extraction and its associated activities
as an interim land use;
d) Preclude aggregate extraction in areas with significant natural heritage
features identified in Section 4.5.10 or social-cultural constraints identified
in Section 4.5.11;
e) Undertake appropriate studies of aggregate extraction activities,
rehabilitation and implementation within the Municipality's natural
environment; and
f) Seek to ensure the rehabilitation of pits and quarries occurs in a
comprehensive manner which is sensitive to surrounding land uses and
landscapes and reflects the underlying land use designation on Map A.
The establishment of a new Aggregate Extraction Area or the expansion of an
existing Aggregate Extraction Area shall not be permitted in the following
portions of the natural heritage system:
. provincially significant wetlands
· provincially significant ANSIs, except for the Bowmanville Quarry
. significant woodlands, other than transitional woodlands
. significant valley lands
. the Ganaraska Forest and the Long Sault Forest
. cold and warm water permanent streams
· significant portions of the habitat of threatened and endangered species
. rare vegetation communities.
699055
45.llA
4.5.l2A
4.5.13A
4.5.14A
4.5.l5A
The establishment of a new Aggregate Extraction Area or the expansion of an
existing Aggregate Extraction Area shall also not be permitted in:
. Urban Areas as identified on Map A
. Hamlets as identified on Map A
. Country Residential Subdivisions as identified on Map A
. Rural Residential Clusters
. Rural Residential Concentrations
. trailer parks, commercial and tourism uses existing on October 16, 1996.
Potential Aggregate Resource Areas are identified on Map G. These areas
comprise potential mineral aggregate reserves as identified by the Province which
are not constrained by either significant natural heritage features identified in
Section 4.5.10 or by significant social-cultural constraints identified in Section
4.5.11. Lands identified as Potential Aggregate Resource Areas shall generally be
used for land uses that would not preclude or hinder existing and future mineral
aggregate operations. It is recognized that Map G may be amended from time to
time to reflect updated geological and constraint information. Any change to Map
G shall require an amendment to this Plan.
The criteria used to determine whether a plantation is significant are set out in the
definition of 'significant plantation' provided in Chapter 24. Any application to
amend this Plan to permit or expand aggregate extraction within a plantation
greater than 30 ha in size located on the Oak Ridges Moraine, or a plantation
greater than 4 ha in size in the rest of the Municipality, shall be accompanied by a
study to determine whether the plantation(s) is significant. If the plantation(s) is
determined to be significant, aggregate extraction shall not be permitted in
accordance with Section 4.5.10 of this Plan. Ifthe plantation is determined not to
be significant, aggregate extraction may be permitted in accordance with the other
applicable policies of this Plan.
The information presented on Map G is not a land use designation and does not
entitle a landowner to use lands identified as a Potential Aggregate Resource Area
for extraction purposes, nor does it express the Municipality's intention to adopt an
amendment to this Plan to permit aggregate extraction otherwise than in
compliance with the other provisions of this Plan.
Within the Potential Aggregate Resource Areas identified on Map G, the creation
of a new lot, a change in land use or the construction of buildings or structures
requiring approval under the Planning Act shall not be permitted unless either:
. aggregate resource use is not feasible; or
699056
4.5.l6A
4.5.17A
4.5.l8A
4.5.l9A
· the proposed land use or development would serve a greater long term public
interest than aggregate extraction.
In every case, issues of public health, public safety and environmental impact must
be satisfactorily addressed, taking into account applicable provincial standards.
Council, in consultation with the Region of Durham, the Province and the
aggregate industry, may prepare area-wide rehabilitation plans for the Oak Ridges
Moraine as identified on Map C. Such plans may address the following
objectives:
a) the rehabilitation of pits and quarries shall be encouraged to provide for the
creation of appropriate landforms and continuous forest cover where
reasonably practicable, shall be sensitive to scenic views and vistas and
surrounding land uses, and shall be consistent with the underlying land use
designation on Map A;
b) the integration of approved rehabilitation plans for existing licensed
aggregate extraction operations;
c) the rehabilitation of abandoned pits;
d) the protection and enhancement of the ecological integrity of the natural
heritage system, including the maintenance, enhancement or establishment
of natural corridors;
e) the identification of any lands which could be incorporated into a
Conservation Area or improve the alignment of the Oak Ridges Moraine
Trail and/or be dedicated to a public authority.
In conducting these studies, Council may seek the financial assistance of the
aggregate industry.
Area-wide rehabilitation plans will be reviewed periodically by the Municipality,
in consultation with the Region, the Province, and aggregate producers to monitor
progress in achieving the objectives ofthe area-wide rehabilitation plans and to
determine if amendments to the plans are required.
Council may encourage the grouping of Aggregate Extraction Areas where
appropriate in order to achieve a reduction in the number of haul routes, minimize
the impact on the natural heritage system, the surrounding lands, and where
appropriate, to implement an area-wide rehabilitation plan.
Subject to compliance with the Municipal Act, Council may consider the
incorporation of any road allowance connecting adjacent pits into an Aggregate
Extraction Area provided that an area-wide rehabilitation plan has been prepared
and approved by Council.
699057
4.5.20A
4.5.2IA
4.5.22A
45.23A
4.5.24A
The Municipality shall encourage the Ontario Aggregate Resources Corporation to
rehabilitate all abandoned pits and quarries as defined in the Aggregate Resources
Act, RS.O. 1990 c.A. 8, as amended.
The Municipality, in consultation with the aggregate producers, shall monitor
aggregate extraction activity in the Municipality to determine, among other things:
a) the status of licensed pits and quarries;
b) the progress of rehabilitation;
c) any other matters as deemed necessary.
An annual monitoring report shall be prepared and submitted to Council.
Wayside pits or quarries used for the purpose of supplying aggregate materials to
any government project may be permitted in accordance with the Aggregate
Resources Act on a temporary basis in any land use designation except for those
lands within an Urban Area, Rural Settlement Area or Environmental Protection
Area on Map A, or on portions of the Natural Heritage System as identified in
Section 4.5.10. Notwithstanding the above, wayside pits may be permitted within
an Urban Area or a Rural Settlement Area subject to a wning by-law amendment
for a temporary use.
Portable asphalt plants used for the purpose of supplying materials to any
government project may be permitted on a temporary basis in any land use
designation except for those lands within an Urban Area, Rural Settlement Area or
those lands designated Environmental Protection Area on Map A, or on portions of
the Natural Heritage System as identified in Section 4.5.10 provided that:
a) there is no adverse impact on groundwater and the natural heritage system;
b) there is no adverse noise, odour or dust impacts on nearby sensitive lands
use activities; and
c) appropriate screening is provided.
For the purposes of Section 4.5.22 and 4.5.23, the construction of Highway 407
and the north-south connecting expressway, whether by the provincial government
or on behalf of the provincial government, shall be deemed to be a government
project"
15. By deleting existing Section tile "4.10 Mineral Aggregate Resources" and by adding a new title
"Mineral Aggregate Resources" prior to new Section 4.5.9A.
16. By deleting existing Section 4.10.4 and by adding new Section 15.2.4 as follows:
" 152.4
To encourage the implementation of area-wide rehabilitation strategies."
699058
17. By renumbering existing Section 14.6.1 as new Section l4.6.2A, by deleting the first sentence,
and by deleting the word "Moraine" and replacing it with the words "Oak Ridges Moraine
Greenway".
18. By deleting Section 14.6.2 and by adding new Section 4.4.28A as follows:
"4.4.28A
A study shall be undertaken for any Official Plan Amendment or rezoning
application located on the Oak Ridges Moraine as identified on Map C. The
Municipality shall select and retain qualified professional expertise to prepare the
study, with the expense of the study being borne by the proponent. The study
shall demonstrate how the specific planning, siting, design or construction
practices for the proposed development would maintain or enhance the ecological
integrity ofthe Moraine, including the significant natural heritage, water resources
and landform conservation systems. "
19. By adding new Section 15.1.2 as follows:
"15.1.2
To seek to have the extraction, rehabilitation, and closure oflicensed aggregate
extraction operations undertaken expeditiously."
20. In existing Section 15.2.1, by adding the words "the availability of and" after the word "ensure".
21. By deleting the text of existing Section 15.2.2 and by adding the following new text:
"To provide for aggregate-related industrial uses on an interim basis which are appropriate and
compatible with surrounding land uses."
22. In existing Section 15.2.3, by adding the words "To seek" at the beginning of the sentence, and
by adding the word "that" after the word "ensure".
23. By deleting existing Sections 15.3.1 to existing Section 15.3.10 inclusive, and by adding new
Sections l5.3.1A to l5.3.13A inclusive as follows:
"15.3.lA
15.3.2A
Aggregate Extraction Areas are shown as an overlay designation on Map A. At
such time as the aggregate extraction licence applicable to an Aggregate
Extraction Area is revoked or surrendered, the overlay designation will be deleted
without the necessity of further amendment to this Plan leaving the land subject to
only the permanent designation shown on Map A. When the overlay designation
is deleted, it is the policy of the Municipality to amend the zoning by-law to delete
aggregate extraction and associated uses as permitted uses on the subject lands,
and further to incorporate appropriate designations in the zoning of the subject
lands to implement this Plan.
Aggregate Extraction Areas shall only be permitted within the Potential Aggregate
Resource Areas identified on Map G. New Aggregate Extraction Areas and any
expansion to existing Aggregate Extraction Areas shall only be permitted within
the Potential Aggregate Resource Areas by an amendment to this Plan and in
accordance with the following:
699059
l53.3A
15.3.4A
l5.3.5A
a) the study requirements of Section 15.3.6 to 15.3.10 of this Plan have been
complied with;
b) any proposed amendment is generally consistent with the intent of this Plan,
save and except for Section 23.2.5(e); and
c) the proposal takes into account the objectives of any area-wide
rehabilitation plan.
Notwithstanding the policies of Section 23.5, the expansion to an existing
Aggregate Extraction Area shall require an amendment to this Plan.
For the avoidance of doubt, aggregate extraction uses existing on the date of
approval of this Plan which are permitted by a licence issued under the Aggregate
Resources Act and by the zoning applicable to the particular Aggregate Extraction
Area may continue without amendment to this Plan or to the Zoning By-law
provided that all applicable laws are complied with.
In addition to the uses permitted by the permanent underlying designation shown
on Map A, lands designated Aggregate Extraction Area may be used for the
extraction of aggregates and the rehabilitation of the designated land. Crushing,
screening, blending, washing, stockpiling and aggregate recycling shall be
permitted as accessory to a licensed aggregate extraction operation.
Portable concrete batching and portable asphalt plants may be permitted on lands
licensed for aggregate extraction on a temporary basis not exceeding 3 years by
amendment to the zoning by-law provided:
a) there is no adverse impact on groundwater and surface water quality and
quantity;
b) there is no adverse noise, odour, or dust impacts on nearby sensitive land
uses; and
c) the operation of such a plant is addressed on a site plan approved by the
Province.
Except as provided for in Sections 4.5.23 and 15.3.4, other aggregate-related
industrial uses such as asphalt plants and concrete-batching plants shall be
permitted only by amendment to this Plan, provided:
a) there is no adverse impact on groundwater and surface water quality and
quantity;
b) there is no adverse noise, odour, or dust impacts on nearby sensitive land
uses and natural heritage features;
c) the operation of such a plant is addressed on a site plan approved by the
Province.
699060
l5.3.6A
15.3.7A
l5.3.8A
15.3.9A
An application to amend this Plan to permit a new Aggregate Extraction Area or to
expand an existing Aggregate Extraction Area shall be supported by an Aggregate
Extraction Area Study prepared by the applicant. The Terms of Reference for the
study shall address the matters set out in Section 15.3.9 unless, as a result of
consultation by the applicant with the Municipality, the matters which are required
to be addressed in this particular study are scoped by the Municipality. Wherever
reasonably practicable, the Study required by this Plan will be co-ordinated with
the study requirements of other agencies, including the Province and the Region.
The Municipality shall prepare guidelines for the assistance of applicants in the
preparation of the Aggregate Extraction Area Study. Among other matters, the
guidelines shall elaborate the requirements of Sections 15.3.8, 15.3.9 and 15.3.10
respecting the preparation of terms of reference for the content of an Aggregate
Extraction Area Study. Applicants who submit a study that satisfactorily
addresses the requirements of Section 15.3.9 shall not be subject to the
requirements of Sections 4.4.24,4.4.25,4.4.26,4.4.28, and, except as provided
for in Section 15.3.9 g), 4.4.29 of this Plan.
The Municipality may consider it necessary to have a Peer Review of an
Aggregate Extraction Area Study undertaken by a qualified consultant. The
purpose ofthe Peer Review will be to ensure that the Study satisfies the policies of
this Plan and can be relied upon by the Municipality in the evaluation of an
application for an Aggregate Extraction Area After first consulting with the
applicant concerning the proposed scope and cost of the Peer Review, the
Municipality will encourage the applicant to pay the costs of the Peer Review,
which costs shall be reasonable.
An Aggregate Extraction Area Study shall address the following:
a) a description of the context of the proposed application including existing
landform features, all natural heritage features on and adjacent to the site and
their ecological functions, cultural heritage and archaeological resources,
existing and planned land uses adjacent to the development site and along
proposed haul routes, and existing licensed pits and extraction limits, and
abandoned pits;
b) a description of the project, including activities which may produce impacts,
and the anticipated quality and quantity of aggregate to be extracted;
c) an extraction plan;
d) an identification and assessment of the impacts associated with the project
taking into account applicable provincial standards;
e) a description of proposed measures to mitigate the identified impacts,
including any measures to protect core natural heritage features on adjacent
lands and their ecological functions;
f) a progressive rehabilitation plan which, if applicable, takes into account the
objectives of any area-wide rehabilitation plan;
699061
l5.3.l0A
l5.3.llA
g) the criteria of Section 4.4.29 a) to f) of this Plan for applications located
within the Oak Ridges Moraine Natural Corridor as identified on Map C;
h) the matters set out in Section 15.3.10;
i) the matters set out in Section 19.4.4; and
j) any other matters deemed necessary by the Municipality or the Region to
address the applicable policies of this Plan.
In assessing an application for a proposed Aggregate Extraction Area, the
following shall apply:
a) for non-provincially significant evaluated wetlands, unevaluated wetlands,
regional ANSIs, transitional woodlands, small woodlands and hedgerows,
their important ecological functions should be considered and maintained
where reasonably practicable, or compensated for as part of a rehabilitation
plan approved pursuant to the Aggregate Resources Act;
b) for significant wildlife habitat, the ecological function will be maintained;
c) for groundwater recharge and discharge areas, the quality and quantity of
groundwater and surface water shall be protected or enhanced;
d) for intermittent streams, there shall be no negative impacts on the quality of
fish habitat unless acceptable compensation measures, appropriate to the
habitat removed, are considered and addressed for the damage or loss of the
habitat;
e) the important ecological functions of corridors and connections between
core components of the Natural Heritage System should be considered and
maintained where reasonably practicable, or compensated for as part of a
rehabilitation plan approved pursuant to the Aggregate Resources Act.
Without altering the Municipality's authority under the Planning Act, Council
shall request the Province to impose appropriate conditions to implement the
objectives of this Plan on new extraction licenses or on proposed modifications to
existing site plans or licenses subject to the Aggregate Resources Act. Where a
modification is proposed to an existing site plan or extraction license, the
Municipality will limit any request for conditions to the subject of the proposed
modification. The conditions requested by the Municipality may include:
a) the designation of haul routes;
b) limitations on noise and hours of operation;
c) measures to provide screening of aggregate extractive operations and their
associated activities from adjacent land uses and public roads;
699062
d) a rehabilitation plan which provides for the creation of appropriate
landforms and restores ecological functions, which conforms to the
permanent land use designation ofthis Plan, and which takes into account
the objectives of any applicable area-wide rehabilitation plan approved by
Council, and which includes interim and/or progressive rehabilitation as
described in Section 15.3.2; and
e) the rehabilitation of agricultural land in accordance with Section 15.3.13 of
this Plan.
l5.3.l2A
Rehabilitation of licensed pits and quarries shall be carried out on a progressive
basis as the excavation proceeds, with final rehabilitation completed upon
termination of the pit or quarry license. Slope stabilization shall be encouraged
where inactive exposed pit faces are open to public view. In the event that a
licensee is not performing rehabilitation as required by the license issued pursuant
to the Aggregate Resources Act, the Municipality may request the Province to
issue an order requiring the owner to perform such rehabilitation work as is
necessary.
l5.3.13A
In areas where an Aggregate Extraction Area is located on Class I to 3 agricultural
land as defined by the Canada Land Inventory of Soil Capability for Agriculture
and within the agricultural designations of this Plan, the lands will be rehabilitated
whereby substantially the same areas and same average soil quality for agriculture
are restored. However, complete agricultural rehabilitation is not required if:
a) there is a substantial quantity of mineral aggregates below the water table
warranting extraction; or
b) the depth of planned extraction in a quarry makes restoration of pre-
extraction agricultural capability not feasible; and
c) the other alternatives have been satisfactorily considered and found
unsuitable, and agricultural rehabilitation in remaining areas will be
maximized. "
24. In existing Section 23.2.5, by deleting existing subsection d) and by adding a new subsection d)
as follows:
"d) the impact on the natural environment in accordance with Section 4.4.24 of this Plan, and
having regard for the natural and other hazards identified on Map D;"
25. In existing Section 23.7.1, by adding the following new sub-section:
"k) in the Potential Aggregate Resource Area as identified on Map G, any severance shall
comply with Section 4.5.15 ofthis Plan."
699063
26. In Section 24.13, by adding the following new definitions:
"Negative Impact
As it relates to natural heritage features, the feature or the ecological functions for which the
feature is identified are either lost or significantly impaired.
Old Growth Woodland
Means any woodland or stand, whether natural or planted, within which trees 100 years or older
predominate.
Plantation
Shall mean a woodland or portion of a woodland in which the majority of trees have been
planted
Portable Asphalt Plant
Means a facility:
a) with equipment designed to heat and dry aggregate and to mix aggregate with bituminous
asphalt to produce asphalt paving material, and includes stockpiling and storage of bulk
materials used in the process; and
b) which is not of permanent construction but which is to be dismantled at the completion of
the construction project.
Rare Vegetation Community
Means either a provincially rare community or a vegetation community that is poorly represented
in the Region of Durham as identified by the Natural Heritage Information Centre (NHIC), or
local conservation authority having jurisdiction.
Rural Residential Cluster
Shall mean a definable node of non-farm residential lots located in the rural area. A Cluster shall
consist of a minimum of five dwellings with frontage on an open public road and located either
on both sides of a road or within the quadrant of an intersection. Rural Residential Clusters are
recognized by the Official Plan as rural settlement areas and are designated on Map A.
Rural Residential Concentration
Shall mean a group of at least five lots which may be located either on the same side or both sides
of an open public road in the rural area. The lots in a Rural Residential Concentration may have
a dwelling constructed on them or be undeveloped, provided that each undeveloped lot must have
zoning in force which permits the construction of a single detached dwelling on it. The
maximum distance between any two adjacent residential buildings in a Rural Residential
Concentration shall be 150 metres, and the maximum linear extent ofa Rural Residential
Concentration along a road frontage shall be 600 metres. Where a lot is larger than the minimum
required lot area, the lot area for the purposes of describing the limits of the Rural Residential
699064
Concentration shall be 0.6 ha which shall incorporate the primary residential structure when the
lot is occupied for residential purposes. Rural Residential Concentrations are not recognized by
the Official Plan as rural settlement areas and are not designated on Map A. They have been
identified only for the purposes of Section 4.5.11 and Map G of the Plan.
Significant Plantation
Shall mean a plantation greater than 30 ha located on the Oak Ridges Moraine or greater than 4
ha located in the rest of the Municipality, which is structurally diverse and in good health, and
which provides important ecological functions.
Significant Wildlife Habitat
May consist of areas which are seasonally important to wildlife; rare vegetation communities or
specialized habitats for wildlife; habitats of species of conservation concern; and wildlife
movement corridors.
Significant Woodland
Shall mean an old growth woodland, or a woodland greater than 30 ha in area located on the Oak
Ridges Moraine, greater than 4 ha located in the rest of the rural areas of the Municipality, or
greater than I ha in urban areas and Hamlets. "Significant woodland" shall not include a
plantation that does not qualify as a "significant plantation".
Transitional Woodland
Transitional woodlands are successional areas that are characterized by trees and/or shrub species
typical of early pioneer plant communities (e.g. trees - poplar, birch, and shrubs - hawthorn,
buckthorn). These areas are generally characterized by younger, predominantly open canopy
cover.
Woodland
Shall mean a treed area that provides environmental and economic benefits such as erosion
prevention, water retention, and the provision of habitat.
27. By modifying Map Al (Darlington) and Map Al (Clarke) to show "Aggregate Extraction Areas"
as indicated on Schedules" A" and "B" to this Modification.
28. By deleting existing Map D and by adding a new Map G as indicated on Schedule "C" to this
Modification.
699065
SCHEDULE" A "
MODIFICATION No, 173 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN,
MAP A1, LAND USE, DARLINGTON RURAL AREA
i
,
!
~,I'lQ 2'l1~ 21126 Ul24 ulu 2,12Cl IGIlO 17116 1~11. 'JI'2 ul,o GiS 116 ~I. JI2 uJT ,I
,
!
t
,
,
!
,
,
~
.
~
\
I
I
,
,
!
I
LAKE ONJAR/O
---UREWI~OUNDAAY
DIJRBANRESIOEm1AL
L~COUNTRYRESIOENT\I\L
mHAl.llETRESID€:NT!.\L
@ :~~Nrw.CWSTEIl
.""=
D~ft:~:'6ENNT:ilEA
_GREEN SPACE
_ ~R~~~~U:NWAY
I>; I WATERFRONT
GR(EtlWA"
--.-~ISPfcw.PO<..lC:YAIlp,B
~~~~
D::-tULTUFW.AREA
_zg:'~~Uw..LAREA
OO~ ~ff~~ AREA
PUBUC
EL.EIolENTARYSCHOOl
SEPAAATE
ELLWENfARYSCflOOL
..
~
MAP A 1 (DARUNGTON)
LAND USE
DARLINGTON RURAL AREA
OFFICIAL PlAN
MUNICIPAlITY OF CLARINGTON
-----HAMLETOOUNOARY
. COIol"'UNITYPARK
OCfOllER.2000
500 10001_",
. HAMUo' PA/lK ----__ Sf'(Co\l.POUCYARfJ,
~ :;~ :fl~~~T~~ * T~ISM NODE:
SECTlON H.6
_OOLFCOlJRSE
r-n<<'SCtQUL[--...--......'"
--
699066
SCHEDULE" 8 "
MODIFICATION No, 173 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN,
MAP A 1, LAND USE, CLARKE RURAL AREA
---LJR8NjOOLJ~DARY
I
~
I
I
,
~
8
,
.
!
8
I~OEFaiRED6Y
~T~EREGIONorDURrw.I
C:=JURElANRESIDENnoJ.
DCOUNTIffRESIDE~
V;~:&j1 HAl,Ol.[T RESIDOITW.
o ~~~NT"LCLUSTER
11~"!:<.':,fll UTIUTY
o ~~ii?Ji~~T~[A
_GREENSP.o.cE
.. ~RAlR~FJEENWI\Y
DWATtRFRONTGREENWAY
fj DISTRICT PARK
. fW.lLETPARK
W'1J :~E ~~~~~T~~
SECTION 14.6
D=~UlT1JRJ.LAAE.O.
:.~;:;~~
f~iili!I~~MID. ~
.. ~gg;OARYSCHOOl
.. ~~MYSCHOOL
.
;
"
------. HMlLD !lO\JNQ.'J<Y
,
....----. SPECJAJ.. POlICY AREA
t
MAP A 1 (CLARKE)
LAND USE
CLARKE RURAL AREA
OFFICiAl PLAN
MUNICIPALITY OF CL.A.RINGTON
OCTOllfR,2llOO
I lMSO<>QIW...-.c;_1IDN1ll
!
,
3
..........SPECIAlSTUDI'AAEA
.. TOORISIoINOO(
&lO IOOO'''''''m
~.
699067
SCHEDULE "C"
MODIFICATION No. 173 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN,
MAP G, POTENTIAL AGGREGATE RESOURCE AREAS
!
0
. ~ w ~ iJ1
w I-
w ~ 0 .~ "'Ul
g w" Ow lil~
~ '" Q~ >Zu..i ~~!j III
~ . f=a::ffi
~ C . w ~c ,~~~ .""
> ~ < u ,,"'"
~ . w g ~~
~ ~ '" a;;!;z::c a. "UJ
. . 0 ~ z. w::!;w>
0 0 w . 0 ~~~~ '" "'u 50 ~.II
z ~ < w Qo
z 0 " "
0 w >-> :;; -"" -~ "'gill
0 0 , . '" ~~ ~~~~ "'" ~P[I
. ~
m " 0 ~ ~ .. i ~~ ~!::~8 ;::0
z w ~ " f2~ ZUl
~ , 3; ~ '. ....I3:=>w UJUJ
0 ~ ~~ Z. ....IZ01ll
. ~ 0 ~ . 1-1>:
0 w & ~ ~o :i':oroz 0 ~ Ij
" ~o !Hi (J)~ll:!g
1 " .0 a.
w E . E 8 a.. 1-....1 <(
i '" . ".
~ ~ ...l d:~ 90 ~58i~
i ~ .m in Ow [(I~~O
~ Z W w~ ;;8:i~
w " 0>-
~ 0 ~ "
z
r--~~ H /
I . '\ IJ
llf--J~~
~rt, ~ rJ...t
~
/-
^
:r I
~
'"
."
m
~
'il
Q
,
/:
~;~
) :
~
I
I
"'~
~
;~
v I..
~\~
Ii )\',1-" ~
I~,,------.. .
\ ~~~
~
:
"-'"
r::..
_. s
.~.
.
699068
ATTACHMENT 4
CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
CHAPTER 4
NATURAL ENVIRONMENT AND RESOURCE
MANAGEMENT
4.1 GOALS
4.1.1 To enhance the natural heritage system and its ecological integrity. (OPA 19)
4.1.2 To promote responsible stewardship of the natural heritage system and wise use of natural
resources in order to provide long term and sustainable environmental, economic and social
benefits. (OPA 19)
4.2 OBJECTIVES
4.2.1 To achieve in the public interest, an appropriate balance between the protection of the
Municipality's natural heritage system and the management of its natural resources.
(Modification No. 173, Modification to OP A 3)
4.2.2 To protect natural heritage features and functions from incompatible development.
(Modification No. 173, Modification to OPA 3)
4.2.3 To enhance ecological processes, biodiversity and connections within the natural heritage
system. (Modification No. 173, Modification to OPA 3)
4.2.4 To protect residents from natural and man-made hazards.
4.2.5 To recognize and protect the Oak Ridges Moraine for its unique landform characteristics,
its significant function of groundwater recharge and discharge, its significant natural
heritage features and their ecological functions, and its significant aggregate resources.
(Modification No. 173)
4.2.6 To recognize and protect the Lake Iroquois Beach for its significant function of
groundwater recharge and discharge, its significant natural heritage features and their
ecological functions, and its aggregate resources. (Modification No. 173)
4.2.7 To recognize the Lake Ontario Waterfront as a dynamic and distinctive element of the
Municipality's natural environment. (OPA 19 - Numbering only)
4.2.8 To protect and enhance the Ganaraska Forest and the Long Sault Forest and to provide for
an appropriate natural corridor between them. (OPA 19)
699069
CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
43 GENERAL POLICIES
43.1 The Municipality supports the need to undertake multi-stakeholder watershed planning
studies in order to protect the integrity of ecological and hydrological functions, and shall
establish priorities for the preparation of watershed plans. In this regard, the Municipality
will work in partnership with the Ministry of Natural Resources, Conservation Authorities
and other agencies in the preparation of watershed plans. (OPA 19 - Numbering only)
4.3.2 The Municipality will consult with the Region, the Conservation Authorities, provincial
ministries and other interested parties, to develop and implement a system to monitor the
cumulative impacts of urban development on the natural environment.
(OPA 19 -Numbering only)
4.3.3 Land owners are encouraged to respect the integrity of the natural environment and the
needs of future generations in the management and use of the Municipality's natural
resources. Responsible stewardship may include participation in forest management
programs, and soil and water conservation programs. (OP A 19 - Numbering only)
43.4 The Municipality will pursue a variety of mechanisms to achieve the preservation of
woodlands, such as the preparation of forest management plans, municipal purchase,
parkland dedication, gratuitous dedication, density transfers, and the enactment of a tree
preservation by-law under the Municipal Act. (Modification No. 173)
4.4 NATURAL HERITAGE SYSTEM (OPA 19)
4.4.1 The many and diverse natural heritage features found in Clarington, together with their
ecological functions, collectively comprise the Municipality's natural heritage system.
The approximate location of those natural heritage features which can be mapped is shown
on Map C In addition, there are a number of natural heritage features which carmot be
shown on Map C, due to either inadequate information or the nature of the feature. These
features are also important to the integrity of the natural heritage system.
(Modification No. 173)
4.4.2 The most significant natural heritage features form the core components of the natural
heritage system. These are:
. all evaluated wetlands
. all Areas of Natural and Scientific Interest (ANSI), except for the Bowmanville Quarry
. all significant woodlands
. all significant valleylands
. the Ganaraska Forest and the Long Sault Forest
. all fisheries habitat, including permanent streams
. habitat for threatened and endangered species
. rare vegetation communities
. significant wildlife habitat
699070
CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
. groundwater discharge areas. (OP A 19)
4.4.3 Other natural heritage features provide support to the core components and are important to
maintaining the health and biodiversity of the natural heritage system. These include:
. unevaluated wetlands
. intermittent streams
. uncommon vegetation communities
. small woodlots and hedgerows
. transitional woodlands
. groundwater recharge areas.
These natural heritage features are not shown on Map C. (OPA 19)
4.4.4 Additional information regarding significant natural heritage features may become
available through the detailed evaluation of development applications or further study.
Map C may be revised to incorporate such additional information without the need for an
amendment to this Plan. (Modification No. 173)
4.4.5 The Municipality will use all efforts to require the restoration of any significant natural
heritage feature identified on Map C which has been damaged or removed. The removal of
a natural heritage feature, in particular woodlands, shall not be considered as the basis for
approving any development application. (OPA 19)
4.4.6 The policies of this Plan shall also apply to any significant natural heritage feature which
has been identified by the Municipality, the Region, a Conservation Authority or the
Province, but which is not presently shown on Map C. Where a significant natural heritage
feature is not identified on Map C, it does not necessarily mean that the feature or part
thereof may be developed or altered in any way. Should a significant natural heritage
feature be identified through the review of a development application and written notice
given to the applicant, the preparation of an Environmental Impact Study pursuant to
Section 4.4.24 shall be required. (Modification No. 173)
4.4.7 Development will not be approved where an Environmental Impact Study completed in
accordance with Section 4.4.24 identifies unacceptable negative impacts on the natural
heritage system. (OPA 19)
4.4.8 The following areas in the Municipality are particularly important to the natural heritage
system of the Municipality:
. the Oak Ridges Moraine
. the Lake Iroquois Beach
. the Lake Ontario Waterfront. (OPA 19)
699071
CONSOLIDATION OF EXISTING CLARlNGTON OFFICIAL PLAN POLICIES WITH PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
4.4.9
4.4.10
4.4.11
4.4.12
4.4.13
4.4.14
Oak Ridges Moraine (OPA 19)
The Oak Ridges Moraine is a unique landform, valued for its combination of scenic
qualities, natural heritage features particularly its forests, its groundwater resources and its
aggregate resources. This Plan seeks to achieve an appropriate balance between the use of
the Moraine's resources and the maintenance and enhancement of its scenic values and
essential ecological functions, including the provision of wildlife habitat, and the recharge
and discharge of groundwater. (Modification No. 173)
Except for aggregate extraction, Council shall endeavour to maintain the form, character
and variety of landscapes within the Moraine by encouraging only minimal modifications
to the natural contours of the land and the retention of natural landscape features such as
woodlands. In the case of an Aggregate Extraction Area, the extraction and rehabilitation
plans shall seek to create compatible landforms and provide continuous forest cover where
reasonably practicable (Modification to OPA 3)
The Ganaraska Forest and the Long Sault Forest, both of which are located on the Oak
Ridges Moraine, are identified on Map C. This Plan also recognizes that the Forests
extend beyond the Municipality's boundaries. The Forests are significant because of their
size, the diversity of wildlife habitat they provide including large areas of interior forest
habitat, and their important watershed functions of groundwater recharge and discharge and
erosion control. It is Council's policy that the Ganaraska and Long Sault Forests are to be
protected and managed through appropriate public acquisition and public and private land
stewardship initiatives in accordance with Section 4.3.3 to enhance their natural heritage
value. Council will investigate applying the Municipality's tree preservation by-law to the
two Forests. (OPA 19)
The Oak Ridges Moraine Natural Corridor as identified on Map C connects the Ganaraska
Forest and Long Sault Forest. The Corridor includes many heritage features which provide
habitat for wildlife. The protection and enhancement of wildlife habitat within the Corridor
will provide animals and plants with the opportunity to move between the two Forests and
throughout the natural heritage system, and will help ensure that the natural heritage
objectives of this Plan are implemented. (OPA 19)
The Oak Ridges Moraine Natural Corridor is intended to function as a major corridor
within the Municipality's natural heritage system. Owners ofland within the Corridor are
encouraged to practice responsible land stewardship in order to enhance the amount and
quality of wildlife habitat in the Corridor, including the preparation and approval of
Managed Forest Plans. Council will investigate applying the Municipality's tree
preservation by-law to the Oak Ridges Moraine Natural Corridor. Applications for Official
Plan Amendment or Rezoning for new land uses within the Corridor shall be accompanied
by a study as required by Section 4.4.29 of this Plan to demonstrate that the new
development does not negatively impact the important ecological functions of the Corridor
as intended by this Plan. (OPA 19)
The provincial government is encouraged to investigate and implement measures to
facilitate the movement of wildlife across Highways 35/115 and the future Highway 407
where these highways cross the Oak Ridges Moraine Natural Corridor. (OP A 19)
699072
4.4.15
CONSOLIDATION OF EXISTING CLARlNGTON OFFICIAL PLAN POLICIES WITH PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
4.4.16
4.4.17
4.4.18
4.4.19
4.4.20
4.4.21
4.4.22
4.4.23
The Municipality supports the establishment of an Oak Ridges Moraine Trail System as
part of the Municipality's integrated trail network. The Municipality will consult with
provincial agencies, the Conservation Authorities and the public with respect to such
matters as trail location, design and funding. (OP A 19 - Numbering only)
In addition to the other provisions of this Plan, the use ofland on the Oak Ridges Moraine
shall be subject to the policies set out in Chapters 12, 13, 14 and 15. (Modification 173)
Lake Iroquois Beach (OPA 19)
The Lake Iroquois Beach, as identified on Map C, is an important landform within the
Municipality's landscape. The extensive forested areas and wildlife habitat of the Beach
provide an east-west natural corridor across the Municipality. This landform is also valued
for its groundwater recharge and discharge functions, its landscape features and its
aggregate resources. (Modification No. 173)
Except for aggregate extraction, Council shall endeavour to maintain the form, character
and variety of landscapes within the Lake Iroquois Beach by encouraging only minimal
modification to the natural contours of the land and the retention of natural landscape
features, including woodlands and wetlands. In the case of an Aggregate Extraction Area,
the extraction and rehabilitation plans for the pit shall seek to create compatible landforms
and provide continuous forest cover where reasonably practicable. (OPA 19)
Lake Ontario Waterfront (OPA 19)
The Lake Ontario Waterfront is a unique and dynamic feature and a vital public resource.
The Municipality shall promote greater awareness, understanding, access and recreational
use of the waterfront and encourage community pride and participation in its regeneration.
(OPA 19 -Numbering only)
The Municipality will establish a continuous Waterfront Trail for such purposes as walking
and cycling along the Lake Ontario Waterfront. The Waterfront Trail shall connect,
wherever reasonably practicable, to other trails, corridors and natural areas within the
Municipality and adjacent municipalities. (OPA 19)
The Municipality recognizes that the completion of a Waterfront Trail may exceed the 20
year time horizon of this Plan. However, the Municipality will endeavour to implement the
trail in phases having regard to the need and the financial capability of the Municipality.
(OPA 19-Numberingonly)
There is an Area of Natural and Scientific Interest and a provincially significant wetland at
the mouth of the Wilmot Creek. The Municipality will explore the possibility of
establishing a nature reserve in this location. (OPA 19 - Numbering only)
The creation or reclamation of additional waterfront land through lakefilling is prohibited.
However, limited erosion control work to protect existing development may be permitted
subject to the approval of the relevant Conservation Authority, and Federal and Provincial
agencies. (OPA 19-Numberingonly)
699073
CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
4.4.24
4.4.25
4.4.26
4.4.27
Studies (OPA 19)
An Environmental Impact Study shall be undertaken for development applications located
on lands within or adjacent to the Lake Iroquois Beach, any natural heritage feature
identified on Map C, and any significant natural heritage feature which may exist but which
is not presently identified on Map C but of which notice is given in accordance with
Section 4.4.6. The Municipality, in consultation with the Region of Durham, the
Conservation Authority and other agencies, will select and retain qualified professional
expertise to prepare the Environmental Impact Study. The expense of the study shall be
borne by the proponent. The Study shall:
a) examine the functions of the natural heritage features, their sensitivity and their
significance;
b) identify the location and extent of sensitive or significant natural heritage features;
c) identify the potential impacts of the proposed development on the natural heritage
features and their ecological functions;
d) identify any lands to be preserved in their natural state;
e) identify mitigating measures to address the negative effects of development on the
natural heritage features, and their ecological functions, including setbacks for
development;
f) identify the potential for restoration and/or creation of wildlife habitat; and
g) examine the cumulative impact of the existing, proposed and potential development,
including the impact on groundwater function and quality. (Modification No. 173)
Development proposals located within 120 metres of the boundary of a wetland or wetland
complex shall require the preparation of an Environmental Impact Study in accordance
with Section 4.4.24 of this Plan. This Study shall also demonstrate that the proposed
development will not result in the loss of wetland functions or wetland area, will not
conflict with existing site-specific wetland management practices, and will not create
subsequent demand for future development which will negatively impact on existing
wetland functions. (Modification No. 173 - Numbering only)
Prior to the approval of any development proposal that includes the removal of part or all of
a woodland located within an existing or proposed settlement area but not identified on
Map C, the significance of the woodland shall be assessed in accordance with Section
4.4.24 of this Plan and, if appropriate, a woodland preservation and management plan shall
be prepared and submitted to the satisfaction of the Municipality and other review agencies.
(Modification No. 173)
Any subdivision proposal located on the Lake Iroquois Beach shall be accompanied by an
Environmental Impact Study as required by Section 4.4.24. As a condition of draft
approval, plans of subdivision located within the Lake Iroquois Beach shall contain
provisions to implement the recommendations of any Environmental Impact Study,
watershed study or subwatershed study to maintain or enhance groundwater functions,
including but not limited to, special house and infrastructure design requirements, storm
water management or construction techniques. (OPA 19)
699074
CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
4.4.28
4.4.29
4.5
4.5.1
A study shall be undertaken for any Official Plan Amendment or rezoning application
located on the Oak Ridges Moraine as identified on Map C. The Municipality shall select
and retain qualified professional expertise to prepare the study, with the expense of the
study being borne by the proponent. 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 significant
natural heritage, water resources and landform conservation systems.
(Modification No. 173)
A study shall be undertaken for any Official Plan Amendment or rezoning application
located on the Oak Ridges Moraine Natural Corridor as identified on Map C. The
Municipality shall select and retain qualified professional expertise to prepare the study,
with the expense of the study being borne by the proponent. The Study shall address how
the lands subject of the development application function as part of the Corridor and how
the proposed new development will not negatively impact the important ecological
functions of the corridor. Such study shall:
a) provide an inventory of vegetation and wildlife habitat on and within the vicinity of the
proposed development site;
b) provide a comprehensive survey of wildlife use of the proposed development site and
adjacent lands;
c) identify the anticipated impacts from the proposed development and its associated
activities, including noise, dust and vegetation removal, on the natural heritage features
within the Corridor and the function of the Corridor;
d) identify lands where forest cover should be preserved or enhanced; and
e) demonstrate that the proposed development will not negatively impact the important
ecological functions of the Corridor; and
f) identify appropriate measures to mitigate the identified impacts of the proposed
development on the natural heritage features on and adjacent to the proposed
development site, and on the function of the Corridor as set out in Section 4.4.13.
The study shall ensure that if development interferes with the functions of the Corridor or
removes a portion of the Corridor, that opportunities for movement within the Corridor
and around the development remain (OPA 19)
NATURAL RESOURCES (OPA 19)
The Municipality will encourage the wise use and management of natural resources.
(OPA 19)
Soil (OPA 19)
4.5.2 Soils with a Class 1-3 rating under the Canada Land Inventory of Soil Capability for
Agriculture shall generally be preserved and protected for agriculture. Land uses that are
not compatible with agriculture shall be discouraged from locating on or adjacent to lands
with Class 1-3 soils. (OPA 19)
699075
CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
4.5.3 The removal of topsoil is prohibited except for those exemptions pursuant to the Top Soil
Preservation Act. (OPA 19 -Numberingonly)
Water (OPA 19)
4.5.4 Groundwater resources are a vital component of the ecosystem and a source of drinking
water. The Municipality does not support the removal for commercial sale of groundwater,
and the uses associated with this activity shall not be permitted. (OPA 19)
4.5.5 The maintenance of an abundant supply of clean water is essential to the health of
ecosystems and the quality of life of residents. The Municipality will co-operate with other
levels of government and private and public agencies to promote the conservation and wise
use of surface water and groundwater resources. (OP A 19)
4.5.6 The Municipality will promote public education and awareness of the pollution of surface
water and groundwater resources, including the effects of pesticides, herbicides, manure,
road salt, industrial pollutants, private waste disposal systems, and urban storm water run-
off (OPA 19 -Numbering only)
Woodlands (OPA 19)
4.5.7 Commercial logging shall only be permitted in accordance with good forestry practices and
the applicable Tree Preservation By-laws or on lands that are under a forest management
plan approved by the Ministry of Natural Resources or the Conservation Authority.
(OPA 19 -Numbering only)
4.5.8 Except in designated settlement areas and lands designated Environmental Protection Area,
the clearing of woodlots for agriculture may be permitted provided:
a) the land is Class I to 3 soils as defined by the Canada Land Inventory of Soil
Capability for Agriculture;
b) the land is part of a farming operation;
c) agricultural yield or productivity would be increased; and
d) the removal of trees is carried out in accordance with applicable Tree Preservation By-
laws. (OPA 19-Numberingonly)
Mineral Aggregate Resources (Modification to OP A 3)
4.5.9 Council will exercise its available powers to balance the wise use and protection of the
Municipality's mineral aggregate resources with its responsibility to protect the ecological
integrity of the natural heritage system, rural landscapes and the quality of life of its
residents. Council shall pursue the following policies in order to achieve this balance:
a) Ensure that aggregate extraction occurs in an orderly and efficient manner with a
minimum of environmental, social and financial impacts. In this regard, Council will
be guided by applicable provincial standards;
b) Prevent the establishment of land uses which could hinder future aggregate extraction
in and adjacent to areas with an unconstrained potential for aggregate extraction;
699076
CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WI1H PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
c) Plan and zone for mineral aggregate extraction and its associated activities as an
interim land use;
d) Preclude aggregate extraction in areas with significant natural heritage features
identified in Section 4.5.10 or social-cultural constraints identified in Section 4.5.11;
e) Undertake appropriate studies of aggregate extraction activities, rehabilitation and
implementation within the Municipality's natural environment; and
t) Seek to ensure the rehabilitation of pits and quarries occurs in a comprehensive
manner which is sensitive to surrounding land uses and landscapes and reflects the
underlying land use designation on Map A. (Modification to OPA 3)
4.5.10 The establishment of a new Aggregate Extraction Area or the expansion of an existing
Aggregate Extraction Area shall not be permitted in the following portions of the natural
heritage system:
45.11
. provincially significant wetlands
. provincially significant ANSls, except for the Bowmanville Quarry
. significant woodlands, other than transitional woodlands
. significant valleylands
. the Ganaraska Forest and the Long Sault Forest
. cold and warm water permanent streams
. significant portions of the habitat of threatened and endangered species
. rare vegetation communities. (Modification to OPA 3)
The establishment of a new Aggregate Extraction Area or the expansion of an existing
Aggregate Extraction Area shall also not be permitted in:
4.5.12
. Urban Areas as identified on Map A
. Hamlets as identified on Map A
. Country Residential Subdivisions as identified on Map A
. Rural Residential Clusters
. Rural Residential Concentrations
. trailer parks, commercial and tourism uses existing on October 16, 2000. (Modification
to OPA 3)
Potential Aggregate Resource Areas are identified on Map G. These areas comprise
potential mineral aggregate reserves as identified by the Province which are not constrained
by either significant natural heritage features identified in Section 4.5.10 or by significant
social-cultural constraints identified in Section 4.5.11. Lands identified as Potential
Aggregate Resource Areas shall generally be used for land uses that would not preclude or
hinder existing and future mineral aggregate operations. It is recognized that Map G may
be amended from time to time to reflect updated geological and constraint information.
Any change to Map G shall require an amendment to this Plan. (Modification to OP A 3)
699077
CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WIlli PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
4.5.13
4.5.14
4.5.15
4516
The criteria used to determine whether a plantation is significant are set out in the definition
of 'significant plantation' provided in Chapter 24. Any application to amend this Plan to
permit or expand aggregate extraction within a plantation greater than 30 ha in size located
on the Oak Ridges Moraine, or a plantation greater than 4 ha in size in the rest of the
Municipality, shall be accompanied by a study to determine whether the plantation(s) is
significant. If the plantation(s) is determined to be significant, aggregate extraction shall
not be permitted in accordance with Section 4.5.10 of this Plan. If the plantation is
determined not to be significant, aggregate extraction may be permitted in accordance with
the other applicable policies of this Plan. (Modification to OPA 3)
The information presented on Map G is not a land use designation and does not entitle a
landowner to use lands identified as a Potential Aggregate Resource Area for extraction
purposes, nor does it express the Municipality's intention to adopt an amendment to this
Plan to permit aggregate extraction otherwise than in compliance with the other provisions
of this Plan. (Modification to OPA 3)
Within the Potential Aggregate Resource Areas identified on Map G, the creation of a new
lot, a change in land use or the construction of buildings or structures requiring approval
under the Planning Act shall not be permitted unless either:
. aggregate resource use is not feasible; or
. the proposed land use or development would serve a greater long term public interest
than aggregate extraction.
In every case, issues of public health, public safety and environmental impact must be
satisfactorily addressed, taking into account applicable provincial standards.
(Modification to OPA 3)
Council, in consultation with the Region of Durham, the Province and the aggregate
industry, may prepare area-wide rehabilitation plans for the Oak Ridges Moraine as
identified on Map C. Such plans may address the following objectives:
a) the rehabilitation of pits and quarries shall be encouraged to provide for the creation of
appropriate landforms and continuous forest cover where reasonably practicable, shall
be sensitive to scenic views and vistas and surrounding land uses, and shall be
consistent with the underlying land use designation on Map A;
b) the integration of approved rehabilitation plans for existing licensed aggregate
extraction operations;
c) the rehabilitation of abandoned pits;
d) the protection and enhancement of the ecological integrity of the natural heritage
system, including the maintenance, enhancement or establishment of natural corridors;
e) the identification of any lands which could be incorporated into a Conservation Area
or improve the alignment of the Oak Ridges Moraine Trail and/or be dedicated to a
public authority.
In conducting these studies, Council may seek the financial assistance of the aggregate
industry. (Modification to OPA 3)
69907f)
4.5.17
CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
4.5.18
4.5.19
4.5.20
4.5.21
4.5.22
45.23
Area-wide rehabilitation plans will be reviewed periodically by the Municipality, in
consultation with the Region, the Province, and aggregate producers to monitor progress in
achieving the objectives of the area-wide rehabilitation plans and to determine if
amendments to the plans are required. (Modification to OPA 3)
Council may encourage the grouping of Aggregate Extraction Areas where appropriate in
order to achieve a reduction in the number of haul routes, minimize the impact on the
natural heritage system, the surrounding lands, and where appropriate, to implement an
area-wide rehabilitation plan. (Modification to OPA 3)
Subject to compliance with the Municipal Act, Council may consider the incorporation of
any road allowance connecting adjacent pits into an Aggregate Extraction Area provided
that an area-wide rehabilitation plan has been prepared and approved by Council.
(Modification OPA 3)
The Municipality shall encourage the Ontario Aggregate Resources Corporation to
rehabilitate all abandoned pits and quarries as defined in the Aggregate Resources Act,
RS.O. 1990 c.A. 8, as amended. (Modification to OPA 3)
The Municipality, in consultation with the aggregate producers, shall monitor aggregate
extraction activity in the Municipality to determine, among other things:
a) the status oflicensed pits and quarries;
b) the progress of rehabilitation;
c) any other matters as deemed necessary.
An annual monitoring report shall be prepared and submitted to Council.
(Modification to OPA 3)
Wayside pits or quarries used for the purpose of supplying aggregate materials to any
government project may be permitted in accordance with the Aggregate Resources Act on
a temporary basis in any land use designation except for those lands within an Urban Area,
Rural Settlement Area or Environmental Protection Area on Map A, or on portions of the
Natural Heritage System as identified in Section 4.5.10. Notwithstanding the above,
wayside pits may be permitted within an Urban Area or a Rural Settlement Area subject to
a zoning by-law amendment for a temporary use. (Modification to OPA 3)
Portable asphalt plants used for the purpose of supplying materials to any government
project may be permitted on a temporary basis in any land use designation except for those
lands within an Urban Area, Rural Settlement Area or those lands designated
Environmental Protection Area on Map A, or on portions of the Natural Heritage System as
identified in Section 4.5.10 provided that:
a) there is no adverse impact on groundwater and the natural heritage system;
b) there is no adverse noise, odour or dust impacts on nearby sensitive lands use
activities; and
c) appropriate screening is provided (Modification to OPA 3)
699079
4.5.24
CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
4.6
4.6.1
4.6.2
4.6.3
4.6.4
4.6.5
4.6.6
4.67
4.6.8
4.6.9
4.6.10
4.6.11
4.6.12
4.6.13
4.6.14
4.6.15
For the purposes of Section 4.5.22 and 4.5.23, the construction of Highway 407
and the north-south connecting expressway, whether by the provincial
government or on behalf of the provincial government, shall be deemed to be a
government project. (Modification to OPA 3)
HAZARDOUS CONDITIONS (OPA 19)
Hazard Lands, the Regulatory Shoreline Area, and Waste Disposal Assessment Areas, as
identified on Map D, and Contaminated Sites, are lands which possess characteristics
which could pose a threat to public health and safety or property. Additional information
regarding hazardous conditions may become available through the detailed evaluation of
development applications or further study. Map D may be revised to reflect such
additional information without the need for an amendment to this Plan. (OPA 19)
Hazard Lands
(OP A 19 - Numbering only)
(OPA 19 -Numbering only)
(OPA 19 -Numbering only)
(OPA 19-Numberingonly)
Regulatory Shoreline Area
(OPA 19-Numberingonly)
(OPA 19-Numberingonly)
(OPA 19-Numberingonly)
Waste Disposal Assessment Areas
(OPA 19 - Numbering only)
(OPA 19 -Numbering only)
(OPA 19-Numberingonly)
(OPA 19-Numberingonly)
Contaminated Sites
(OPA 19-Numberingonly)
(OPA 19-Numberingonly)
(OP A 19 - Numbering only)
699080
CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
4.7 WASTE DISPOSAL SITES (OPA 19-Numberingonly)
4.7.1 (OPA 19-Numberingonly)
4.7.2 (OPA 19-Numberingonly)
4.73 (OPA 19-Numberingonly)
4.7.4 (OPA 19-Numberingonly)
CHAPTER 11
EMPLOYMENT AREAS
11.6 GENERAL INDUSTRIAL AREAS
11.6.6 An asphalt or concrete batching plant or aggregate transfer station may be permitted in the
General Industrial designation by site specific zoning. In the evaluation of such a rezoning,
consideration shall be given to the following:
a) minimizing visual impacts of the site from major arterial roads and freeways;
b) minimizing impact on abutting uses including noise and odour; and
c) address other issues as may be required by the Municipality. (OPA 19)
CHAPTER 14 OPEN SPACE SYSTEM
14.1 GOALS
14.1.1 To protect, manage and enhance the Municipality's significant natural heritage features.
(OPA 19)
14.1.2 To create an integrated and continuous system of natural areas.
14.2 OBJECTIVES
14.2.1 To protect significant natural heritage features from the effects of human activity. (OP A 19)
14.2.2 To maintain, restore and create continuous green corridors along stream valleys.
(Approved)
14.2.3 To ensure active and passive recreational activities are compatible with the natural
environment. (Approved)
14.2.4 To protect the Oak Ridges Moraine and its special ecological functions (Request OMB to
approve)
699081
CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
14.2.5
14.3
14.3.1
14.3.2
14.3.3
14.4.
14.4.1
14.4.2
14.4.3
14.4.4
14.4.5
To provide a Waterfront which is clean, green, connected, open, accessible, useable,
diverse, affordable and attractive.
GENERAL POLICIES
The Open Space System consists of Environmental Protection Areas, the Oak Ridges
Moraine Greenway, the Waterfront Greenway and Green Space, as designated on Map A.
Unless otherwise provided for in the detailed policies of this Plan, development within the
designated Open Space System is generally discouraged. (OPA 19)
Nothing in this Plan requires that private land in the Open Space System be made available
for public use, nor that the Municipality will purchase these lands.
New land uses, including the creation of lots, and new or expanding livestock facilities,
shall comply with the Minimum Separation Distance Separation Formulae.
ENVIRONMENTAL PROTECTION AREAS
Environmental Protection Areas are recognized as the most significant components of the
Municipality's natural environment. As such, these areas and their ecological functions are
to be preserved and protected from the effects of human activity.
(Request OMB to approve)
No development shall be permitted in Environmental Protection Areas, expect passive
recreation and uses related to erosion control and storm water management.
(Request OMB to approve)
The Environmental Protection Area designation shall include a setback for development to
be determined in consultation with the Conservation Authority and the Province. In the
case of a stream valley, the setback shall be determined from the top-of-bank and shall be
based on a stable slope and the sensitivity of the stream valley. The setback for all other
natural heritage features designated as Environmental Protection Area shall be determined
based on the sensitivity of the specific natural heritage feature. In no case would the
setback be less than 5 metres in width. In the case of new plans of subdivision or consents,
lot lines shall not extend beyond the established setback.. (OP A 19)
The extent of the Environmental Protection Areas designated on Map A is approximate
only. The precise limits of these areas shall be detailed through the review of development
applications and/or in consultation with the Conservation Authority.
Notwithstanding Section 14.4.3, a development setback for the woodlots designated
Environmental Protection Area shall not be required for Plans of Subdivision 18T -92014
and 18T-94027. Appropriate measures to protect Environmental Protection Areas on
adjacent lands shall be implemented through the conditions of draft approval for
subdivision.
699082
CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
14.5
GREEN SPACE
14.5.1
14.5.2
14.6
14.6.1
14.6.2
14.6.3
14.7
14.7.1
14.7.2
Green Space lands as designated on Map A are intended to link other significant
components of the Municipality's Open Space System, including the Oak Ridges Moraine
Greenway, the Lake Ontario Greenway and stream valleys. Green Space lands are also
intended to function as urban separators. A significant portion of the Lake Iroquois Beach
is designated Green Space. (OPA 19)
Lands designated Green Space on Map A shall be used primarily for conservation and
active or passive recreational uses. Agriculture, farm-related uses, home-based occupations
and limited home industry uses are also permitted. Golf courses may be permitted by
amendment to Section 18.6 ofthis Plan in accordance with Section 13.3.4 (c) to (g). Farm-
related commerciaVindustrial uses are permitted in accordance with Section 13.3.6.
(OPA 19-Numberingonly)
OAK RIDGES MORAINE GREENWAY (OP A 19)
The Oak Ridges Moraine Greenway, as designated on Map A, is recognized as one of the
most significant landforms in the Municipality and southern Ontario. Except as otherwise
provided in this Plan, Council shall restrict the land uses permitted on the Oak Ridges
Moraine Greenway to those which maintain or enhance the landscape character and the
essential ecological functions. (OP A 19)
Uses permitted in the Oak Ridges Moraine Greenway shall be conservation, reforestation,
agriculture, and passive recreational uses such as pedestrian trails and horseback riding.
New golf courses, Rural Residential Clusters, and Country Residential Subdivisions shall
not be permitted. (Modification No. 173)
In addition to the other policies of the Plan, the Oak Ridges Moraine Greenway is subject
to the policies set out in Sections 4.4.9 through to 4.4.16, and Section 4.4.28 of this Plan.
(OPA 19)
WATERFRONT GREENWAY
The Municipality shall seek to protect and regenerate the unique physical, natural and
cultural attributes associated with the Waterfront Greenway. Any new development in the
Waterfront Greenway must ensure public access to the Waterfront, protect natural and
cultural heritage features, and ensure land use compatibility. (OPA 19 - Numbering only)
The predominant use of land within the Waterfront Greenway shall be passive and active
recreational uses, compatible tourism uses, conservation, and agriculture. Marinas may be
permitted by amendment to this Plan. Golf courses may be permitted by amendment to
Section 18.6 of this Plan and in accordance with Section 13.3.4 (c) to (g).
(OPA 19-Numberingonly)
699083
CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WIlH PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
14.7.3 Existing residential uses within the Regulatory Shoreline Area as defined on Map D are
permitted to continue subject to Sections 4.6.7 and 4.6.8 ofthis Plan. (OP A 19 - Numbering
Only)
CHAPTER 15 AGGREGATE EXTRACTION AREAS
15.1 GOAL
15.1.1 To provide opportunities for the extraction of aggregate resources with minimal impact on
the natural environment, landscape, local residents, and the Municipality.
15.1.2 To seek to have the extraction, rehabilitation, and closure of licensed aggregate extraction
operations undertaken expeditiously. (Modification to OP A 3)
15.2 OBJECTIVES
15.2.1 To ensure the availability of and the orderly and efficient extraction of aggregate resources
as an interim land use, while minimizing environmental, social and financial impacts.
(Modification to OPA 3
15.2.2 To provide for aggregate-related industrial uses on an interim basis which are appropriate
and compatible with surrounding land uses. (Modification to OPA 3)
15.2.3 To seek to ensure that Aggregate Extraction Areas are appropriately and progressively
rehabilitated. (Modification to OPA 3)
15.2.4 To encourage the implementation of area-wide rehabilitation strategies.
(Modification to OP A 3)
15.3 POLICIES
15.3.1 Aggregate Extraction Areas are shown as an overlay designation on Map A. At such time
as the aggregate extraction licence applicable to an Aggregate Extraction Area is revoked
or surrendered, the overlay designation will be deleted without the necessity of further
amendment to this Plan leaving the land subject to only the permanent designation shown
on Map A. When the overlay designation is deleted, it is the policy of the Municipality to
amend the zoning by-law to delete aggregate extraction and associated uses as permitted
uses on the subject lands, and further to incorporate appropriate designations in the zoning
of the subject lands to implement this Plan. (Modification 173)
15.3.2 Aggregate Extraction Areas shall only be permitted within the Potential Aggregate
Resource Areas identified on Map G. New Aggregate Extraction Areas and any expansion
to existing Aggregate Extraction Areas shall only be permitted within the Potential
699084
CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
15.3.3
15.34
15.3.5
15.3.6
Aggregate Resource Areas by an amendment to this Plan and in accordance with the
following:
a) the study requirements of Section 15.3.6 to 15.3.10 of this Plan have been complied
with;
b) any proposed amendment is generally consistent with the intent of this Plan, save and
except for Section 23.2.5(e); and
c) the proposal takes into account the objectives of any area-wide rehabilitation plan.
Notwithstanding the policies of Section 23.5, the expansion to an existing Aggregate
Extraction Area shall require an amendment to this Plan. (Modification 173)
For the avoidance of doubt, aggregate extraction uses existing on the date of approval of
this Plan which are permitted by a licence issued under the Aggregate Resources Act and
by the zoning applicable to the particular Aggregate Extraction Area may continue without
amendment to this Plan or to the Zoning By-law provided that all applicable laws are
complied with. (Modification 173)
In addition to the uses permitted by the permanent underlying designation shown on Map
A, lands designated Aggregate Extraction Area may be used for the extraction of
aggregates and the rehabilitation of the designated land. Crushing, screening, blending,
washing, stockpiling and aggregate recycling shall be permitted as accessory to a licensed
aggregate extraction operation. (Modification 173)
Portable concrete batching and portable asphalt plants may be permitted on lands licensed
for aggregate extraction on a temporary basis not exceeding 3 years by amendment to the
zoning by-law provided:
a) there is no adverse impact on groundwater and surface water quality and quantity;
b) there is no adverse noise, odour, or dust impacts on nearby sensitive land uses; and
c) the operation of such a plant is addressed on a site plan approved by the Province.
(Modification 173)
Except as provided for in Sections 4.5.23 and 15.3.4, other aggregate-related industrial uses
such as asphalt plants and concrete-batching plants shall be permitted only by amendment
to this Plan, provided:
a) there is no adverse impact on groundwater and surface water quality and quantity;
b) there is no adverse noise, odour, or dust impacts on nearby sensitive land uses and
natural heritage features;
c) the operation of such a plant is addressed on a site plan approved by the Province.
(Modification 173)
An application to amend this Plan to permit a new Aggregate Extraction Area or to expand
an existing Aggregate Extraction Area shall be supported by an Aggregate Extraction Area
Study prepared by the applicant. The Terms of Reference for the study shall address the
matters set out in Section 15.3.9 unless, as a result of consultation by the applicant with the
Municipality, the matters which are required to be addressed in this particular study are
699085
CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES Willi PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
153.7
15.3.8
153.9
scoped by the Municipality. Wherever reasonably practicable, the Study required by this
Plan will be co-ordinated with the study requirements of other agencies, including the
Province and the Region. (Modification 173)
The Municipality shall prepare guidelines for the assistance of applicants in the preparation
of the Aggregate Extraction Area Study. Among other matters, the guidelines shall
elaborate the requirements of Sections 153.8, 15.3.9 and 15.3.10 respecting the preparation
of terms of reference for the content of an Aggregate Extraction Area Study. Applicants
who submit a study that satisfactorily addresses the requirements of Section 15.3.9 shall not
be subject to the requirements of Sections 4.4.24, 4.4.25, 4.4.26, 4.4.28, and, except as
provided for in Section 153.9 g), 4.4.29 of this Plan. (Modification 173)
The Municipality may consider it necessary to have a Peer Review of an Aggregate
Extraction Area Study undertaken by a qualified consultant. The purpose of the Peer
Review will be to ensure that the Study satisfies the policies of this Plan and can be relied
upon by the Municipality in the evaluation of an application for an Aggregate Extraction
Area. After first consulting with the applicant concerning the proposed scope and cost of
the Peer Review, the Municipality will encourage the applicant to pay the costs of the Peer
Review, which costs shall be reasonable. (Modification 173)
An Aggregate Extraction Area Study shall address the following:
a) a description of the context of the proposed application including existing landform
features, all natural heritage features on and adjacent to the site and their ecological
functions, cultural heritage and archaeological resources, existing and planned land
uses adjacent to the development site and along proposed haul routes, and existing
licensed pits and extraction limits, and abandoned pits;
b) a description of the project, including activities which may produce impacts, and the
anticipated quality and quantity of aggregate to be extracted;
c) an extraction plan;
d) an identification and assessment of the impacts associated with the project taking into
account applicable provincial standards;
e) a description of proposed measures to mitigate the identified impacts, including any
measures to protect core natural heritage features on adjacent lands and their
ecological functions;
f) a progressive rehabilitation plan which, if applicable, takes into account the objectives
of any area-wide rehabilitation plan;
g) the criteria of Section 4.4.29 a) to f) of this Plan for applications located within the Oak
Ridges Moraine Natural Corridor as identified on Map C;
h) the matters set out in Section 15.3.10;
i) the matters set out in Section 19.4.4; and
j) any other matters deemed necessary by the Municipality or the Region to address the
applicable policies of this Plan. (Modification 173)
699086
CONSOLIDATION OF EXISTING CLARlNGTON OFFICIAL PLAN POLICIES Willi PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
15.3.10
15.3.11
15.3.12
In assessing an application for a proposed Aggregate Extraction Area, the following shall
apply:
a) for non-provincially significant evaluated wetlands, unevaluated wetlands, regional
ANSIs, transitional woodlands, small woodlands and hedgerows, their important
ecological functions should be considered and maintained where reasonably
practicable, or compensated for as part of a rehabilitation plan approved pursuant to
the Aggregate Resources Act;
b) for significant wildlife habitat, the ecological function will be maintained;
c) for groundwater recharge and discharge areas, the quality and quantity of
groundwater and surface water shall be protected or enhanced;
d) for intermittent streams, there shall be no negative impacts on the quality of fish
habitat unless acceptable compensation measures, appropriate to the habitat removed,
are considered and addressed for the damage or loss of the habitat;
e) the important ecological functions of corridors and connections between core
components of the Natural Heritage System should be considered and maintained
where reasonably practicable, or compensated for as part of a rehabilitation plan
approved pursuant to the Aggregate Resources Act. (Modification 173)
Without altering the Municipality's authority under the Planning Act, Council shall request
the Province to impose appropriate conditions to implement the objectives of this Plan on
new extraction licenses or on proposed modifications to existing site plans or licenses
subject to the Aggregate Resources Act. Where a modification is proposed to an existing
site plan or extraction license, the Municipality will limit any request for conditions to the
subject of the proposed modification. The conditions requested by the Municipality may
include:
a) the designation of haul routes;
b) limitations on noise and hours of operation;
c) measures to provide screening of aggregate extractive operations and their associated
activities from adjacent land uses and public roads;
d) a rehabilitation plan which provides for the creation of appropriate landforms and
restores ecological functions, which conforms to the permanent land use designation
of this Plan, and which takes into account the objectives of any applicable area-wide
rehabilitation plan approved by Council, and which includes interim and/or
progressive rehabilitation as described in Section 15.3.2; and
e) the rehabilitation of agricultural land in accordance with Section 15.3.13 of this Plan.
(Modification 173)
Rehabilitation oflicensed pits and quarries shall be carried out on a progressive basis as the
excavation proceeds, with final rehabilitation completed upon termination of the pit or
quarry license. Slope stabilization shall be encouraged where inactive exposed pit faces
are open to public view. In the event that a licensee is not performing rehabilitation as
required by the license issued pursuant to the Aggregate Resources Act, the Municipality
may request the Province to issue an order requiring the owner to perform such
rehabilitation work as is necessary. (Modification 173)
699087
CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
15.3.13
In areas where an Aggregate Extraction Area is located on Class I to 3 agricultural land as
defined by the Canada Land Inventory of Soil Capability for Agriculture and within the
agricultural designations of this Plan, the lands will be rehabilitated whereby substantially
the same areas and same average soil quality for agriculture are restored. However,
complete agricultural rehabilitation is not required if:
a) there is a substantial quantity of mineral aggregates below the water table warranting
extraction; or
b) the depth of planned extraction in a quarry makes restoration of pre-extraction
agricultural capability not feasible; and
c) the other alternatives have been satisfactorily considered and found unsuitable; and
agricultural rehabilitation in remaining areas will be maximized. (Modification 173)
CHAPTER 19 TRANSPORTATION
19.4 FREEWAY
19.4.4 The corridor for the future Highway 407 is designated on Map A as Green Space. The
highway shall serve as a gateway to the municipality. In this regard, a high quality visual
environment shall be maintained for users of the highway This shall be achieved through
the protection of prominent landscape features and the provision of treed and landscaped
buffer strips along each side of the highway and within interchanges. In addition,
significant vistas and view corridors visible from the highway, in particular where it
crosses the Oak Ridges Moraine, shall be protected. (OPA 19)
CHAPTER23 IMPLEMENTATION
23.2
23.2.5
PUBLIC NOTICE AND AMENDMENT PROCEDURES
Unless otherwise indicated in this Plan, privately initiated amendments prior to the 5 year
review are generally discouraged. However, if a request for amendment is received,
Council may consider such a request which must include sufficient information and
justification to enable the requested amendment to be evaluated. The following general
criteria shall apply to the review of all Official Plan Amendment applications, and the
proponent of an amendment may be required to submit reports from qualified professionals
to address such matters, including but not necessarily limited to:
a) conformity to the principles, goals and policies of this Plan;
b) suitability of the location of the proposed use;
c) compatibility with existing and planned land uses in the surrounding area;
d) the impact on the natural in accordance with Section 4.4.24 of this Plan, and having
regard for the natural and other hazards identified on Map D; (Modification No. 173)
h99088
CONSOLIDATION OF EXISTING CLARlNGTON OFFICIAL PLAN POLICIES WITH PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
e) need for the proposed use;
f) availability of supporting capital works and services;
g) fiscal impact on Municipal capital works and services;
h) comments of public agencies; and
i) any other specific requirements of Council.
23.7 SEVERANCES
23.7.1 The creation of individual parcels of land by severance will only be permitted in
conformity to the policies of this Plan and the regulations of the implementing Zoning By-
law, and shall also be subject to the following criteria:
k) in the Potential Aggregate Resource Areas as identified on Map G, any severance
shall comply with Section 4.5.15 of this Plan. (Modification No. 173)
CHAPTER 24 INTERPRETATION
24.6 The information shown on Maps C, D and G are not land use designations. The Maps
show the general location of the identified features and should be read in conjunction with
the applicable policies. Minor deviations to the boundaries of the identified features may
be permitted without amendment provided such deviations do not alter the intent of this
Plan. (OPA 19)
24.13 The definitions of terms contained in this Plan are as follows:
Development
Means any of the following events:
. The construction, erection, or placing of a building or structure;
. The addition to or alteration of a building or structure;
. The creation of a new lot and/or increase in the number of permitted units on a lot;
. The change in use or the increase in intensity of use of any building, structure, or
premises; and
. Activities such as site-grading, excavation, removal of topsoil or peat, the placing or
dumping of fill, or the extraction of mineral aggregate; or drainage works, except for
the maintenance of existing municipal and agricultural drains.
(Request OMB to approve)
699089
CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
Ecosystem
A system in which living organisms, including humans, interact with each other and their
non-living physical environment in a series of complex and inter-related relationships.
Ecosystems exist at different scales, including site, local, regional, provincial, national and
global scales. (OPA 19)
Fish Habitat
The spawning grounds and nursery, rearing and food supply, and migration areas on which
fish depend directly or indirectly in order to carry out their life processes.
Natural Heritage System
A connected group of natural areas, and the native flora, fauna, and related geological
features and landforms that contribute to the health and biodiversity of the natural
environment.
The natural heritage system includes natural core areas, natural corridors, and liinkages
including naturalized road or rail allowances that connect natural core and corridor areas.
Negative Impact
As it relates to natural heritage features, the feature or the ecological functions for which
the feature is identified are either lost or significantly impaired. (Modification No, 173)
Old Growth Woodland
Means any woodland or stand, whether natural or planted, within which trees 100 years or
older predominate. (Modification No. 173)
Plantation
Shall mean a woodland or portion of a woodland in which the majority of trees have been
planted. (Modification No. 173)
Portable Asphalt Plant
Means a facility:
a) with equipment designed to heat and dry aggregate and to mix aggregate with
bituminous asphalt to produce asphalt paving material, and includes stockpiling and
storage of bulk materials used in the process; and
b) which is not of permanent construction but which is to be dismantled at the
completion of the construction project. (Modification No. 173)
6990QO
CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WlTII PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
Rare Vegetation Community
Means either a provincially rare community or a vegetation community that is poorly
represented in the Region of Durham as identified by the Natural Heritage Information
Centre (NHIC), or local conservation authority having jurisdiction. (Modification No. 173)
Recreation - Passive
Uses of relatively low intensity requiring minimal modification of the land surface, the
minimal removal of trees, and relatively few if any buildings or structures.
(Modification No. 173)
Rural Residential Cluster
Shall mean a definable node of non-farm residential lots located in the rural area. A
Cluster shall consist of a minimum of five dwellings with frontage on an open public road
and located either on both sides of a road or within the quadrant of an intersection. Rural
Residential Clusters are recognized by the Official Plan as rural settlement areas and are
designated on Map A. (Modification No, 173)
Rural Residential Concentration
Shall mean a group of at least five lots which may be located either on the same side or
both sides of an open public road in the rural area. The lots in a Rural Residential
Concentration may have a dwelling constructed on them or be undeveloped, provided that
each undeveloped lot must have zoning in force which permits the construction of a single
detached dwelling on it. The maximum distance between any two adjacent residential
buildings in a Rural Residential Concentration shall be 150 metres, and the maximum
linear extent of a Rural Residential Concentration along a road frontage shall be 600
metres. Where a lot is larger than the minimum required lot area, the lot area for the
purposes of describing the limits of the Rural Residential Concentration shall be 0.6 ha
which shall incorporate the primary residential structure when the lot is occupied for
residential purposes. Rural Residential Concentrations are not recognized by the Official
Plan as rural settlement areas and are not designated on Map A. They have been identified
only for the purposes of Section 4.5.11 and Map Gofthe Plan. (Modification No. 173)
Significant Plantation
Shall mean a plantation greater than 30 ha located on the Oak Ridges Moraine or greater
than 4 ha located in the rest of the Municipality, which is structurally diverse and in good
health, and which provides important ecological functions. (Modification No. 173)
Significant Wildlife Habitat
May consist of areas which are seasonanly important to wildlife; rare vegetation
communities or specialized habitats for wildlife; habitats of species of conservation
concern; and wildlife movement corridors. (Modification No. 173)
699091
CONSOLIDA nON OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED
MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19
Significant Woodland
Shall mean an old growth woodland, or a woodland greater than 30 ha in area located on
the Oak Ridges Moraine, greater than 4 ha located in the rest of the rural areas of the
Municipality, or greater than I ha in urban areas and Hamlets. "Significant woodland"
shall not include a plantation that does not qualify as a "significant plantation".
(Modification No. 173)
Transitional Woodland
Transitional woodlands are successional areas that are characterized by trees and/or shrub
species typical of early pioneer plant communities (e.g. trees - poplar, birch, and shrubs -
hawthorn buckthorn). These areas are generally characterized by younger, predominantly
open canopy cover. (Modification No. 173)
Woodland
Shall mean a treed area that provides environmental and economic benefits such as erosion
prevention, water retention, and the provision of habitat. (Modification No. 173)
699092