Loading...
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