HomeMy WebLinkAboutPD-075-00
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REPORT 1/4
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
Council
File # y<::::>g .0~.
Res. # <2--4:::<.\. CO
Date:
Monday, July 10, 2000
Report #:
PD-075-00 File #: PLN 32.12.5
By-law #
Subject:
REFERRAL #5 TO THE CLARINGTON OFFICIAL PLAN
RELEASE OF PROPOSED CHANGES TO THE OFFICIAL PLAN AND
PROPOSED OFFICIAL PLAN AMENDMENT FOR PUBLIC
INFORMATION
FILE NO.: PLN 32.12.5
Recommendations:
It is respectfully recommended to Council the following:
I. THAT Report PD-075-00 be received;
2. THAT the settlement of the Aggregate Producers Association of Ontario (APAO)
objections to a number of the proposed policies contained in the Municipality of
Claring10n Official Plan and Official Plan Amendment #3 that have been referred or
appealed to the Ontario Municipal Board be received;
3. THAT Council authorize staff to initiate the public consultation process for the proposed
modified policies and proposed Amendment #19 to the Clarington Official Plan which
will include the placing of public notices in the local newspapers and holding a public
meeting in September 2000 in accordance with the Planning Act R.S.O. 1990;
4. THAT the APAO, the Ministry of Municipal Affairs, the Ministry of Natural Resources,
the Region of Durham Planning Department, Central Lake Ontario Conservation,
Ganaraska Conservation Authority, Save the Ganaraska Again (SAGA) and Save the Oak
Ridges Moraine (STORM) receive copies of this report including the attachments and a
copy of Council's decision;
5 . THAT all interested parties listed in this report and any delegations be advised of
Council's decision
1. BACKGROUND
1.1 The Claring10n Official Plan was approved by the Region of Durham on September 25,
1996. The Aggregate Producers' Association of Ontario (APAO) objected to a number
of policies within the Official Plan and subsequently submitted a referral to the Ontario
Municipal Board (Referral No.5) received on October 30, 1996. Policies that were
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REPORT PD-075-00
PAGE 2
referred included various aggregate resources and environmental policies and a few rural
residential policies, certain designations on Map A and all of Map C. The Region, the
AP AO and the Municipality agreed that those policies and mapping identified in the
APAO's referral shall only be referred insofar as the policy or map relates to aggregate
resource extraction.
1.2 Since that date, there has been an extensive and exhaustive review and discussion
involving municipal staff, the municipality's solicitor, the APAO, the various
stakeholders including the Region of Durham, the Conservation Authorities, the Ministry
of Natural Resources, the Ministry of Municipal Affairs and Housing, SAGA and
STORM. There have been environmental consultants brought to the table by both the
municipality and the APAO. Studies have been commissioned, reports written,
conference calls have taken place and many pIeces of correspondence have been
exchanged between the Municipality and the APAO.
1.3 In addition, the Municipality of Clarington appealed Sections 15.3.4 and 15.3.7 (Appeal
#2) and the Upper Ganaraska River Watershed on Map D (Appeal #3) to the Ontario
Municipal Board (OMB). The Region of Durham had deferred making a decision on
these matters. The Municipality appealed these sections and map in order to ensure that
all matters could be considered together.
1.4 The Municipality has also adopted Official Plan Amendment #3 dealing with aggregate
resources. Amendment #3 contained policies bringing the Official Plan into compliance
with the mineral aggregate resources policies contained within the Provincial Policy
Statement approved under Bill 20. These policies also clarifY the role of the Municipality
in the management of mineral aggregate resources. This amendment was appealed to the
Ontario Municipal Board by the AP AO.
1.5 In total there are 30 policies and 6 maps either referred or appealed to the Ontario
Municipal Board. As stated previously, it was agreed that it was in the best interest of all
to work towards a settlement.
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REPORT PD-075-00
PAGE 3
1.6 In addition, there is Deferral #30 comprising the land use designation of some lands
owned by Dufferin Aggregate. Dufferin Aggregate made application to add these lands
to their existing adjacent land holdings for the purposes of aggregate extraction. The
Region of Durham adopted Amendment No. 19. (ROPA 95-015) on September 25, 1996
to permit aggregate extraction. This deferral is awaiting resolution of Referral #5 before
the deferral can be lifted.
1.7 When revisiting the approved policies in light of the proposed changes, it became
increasingly apparent that policies which had not been referred required revision and new
policies needed to be added. These changes are necessary in order to update the
environmental policies to reflect the current Provincial Policy Statement. As such,
Chapter 4 "Natural Environment and Resource Management" has been substantially
rewritten and changes have been made to Chapter 14 - "Open Space System". An
amendment to the Official Plan is required as these changes propose the addition of new
policies and revision to existing policies, policies which have not been referred, appealed
or deferred.
2. PROCESSING OF PROPOSED NEW POLICIES
2.1 Although a comprehensive approach has been taken to the review of the policies, it is
proposed that policies be processed in two tracks:
. those related to the referrals and appeals to the Ontario Municipal Board would be
dealt with by the Board
. those new policies unrelated to the policies in front of the Board would be processed
by means ofa new amendment (No. 19).
It is recommended that a public meeting, in accordance with the Planning Act be held in
September 2000. Recognizing that the proposed changes to the Official Plan are lengthy
and complex, it is recommended that advertisement of the proposed amendment be
placed in local newspapers this summer. In addition, copies of the proposed amendment
will be made available to the public providing residents and businesses ample opportunity
to review the proposed amendments. There would be opportunity for people to review
the package of changes as a whole. However, the solicitor acting on behalf of the
Municipality will request that the OMB exercise its powers of modification to modify the
,
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REPORT PD-075-00
PAGE 4
referred or appealed portions of the Clarington Official Plan by approving those sections
of the proposed policies.
As for Deferral # 30, it is recommended that Council requested the Region of Durham to
lift Deferral #30 when Referral #5 is approved by the OMB.
3. OUTSTANDING ISSUE
3.1 Staff have held a meeting with representatives of an aggregate producer, being Lafarge,
their solicitor and their environmental consultant to discuss a proposal to extract mineral
aggregate in Lots 18 and 19, Concession 9, former Township of Clarke. Although the
appropriate development applications have yet to be received, it is recommended that at
this time, in order to avoid delay of the settlement with the APAO, that the western limit
of the Ganaraska Forest as shown on Attachment No.1 - Map C4, be deferred. This will
not prejudice the Municipality or Lafarge. The status of this area would be determined in
conjunction with a recommendation regarding a potential aggregate operation of this site
4. CONCLUSION
4.1 The proposed changes to the Clarington Official Plan are the result of a long study and
negotiation process. It is important to proceed to finalize these changes to the Clarington
Official Plan expeditiously. It is recommended that Council follow the procedure
referred to in this report for processing these changes and that staff be authorized to
initiate the public consultation process.
Respectfully submitted,
Reviewed by,
I
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Franklin Wu, M.C.I.P., R.P.P.,
Chief Administrative Officer
HB*BN*DJC*cc
July 3, 2000
Attachment No. 1
Attachment No.2
- Proposed new policies and mapping to the Clarington Official Plan
- Correspondence from Wayne Fairbrother, Solicitor representing APAO
(to be forwarded under separate cover)
.
REPORT PD-075-00
PAGE 5
Interested parties to be notified of Council and Committee's decision:
Victor Doyle
Minister of Municipal Mfairs
14th Floor 777 Bay Street
Toronto, Ontario
M5G 2E5
SAGA
Katherine Guselle
45 Connaught Street
Oshawa, Ontario
LlG 2Hl
STORM
Brian Buckles
R. R. #4
2300 Concession Road 7
Uxbridge, Ontario
L9P lR4
Peter White
Ministry of Natural Resources
300 Water Street
4th Floor South Tower
P.O. Box 7000
Peterborough, Ontario
K9J 8M5
Wayne Fairbrother
Templeman Meninga
Suite 200
205 Dundas Street East
Belleville, Ontario
K8N 5A2
MacNaughton Hermsen Britton Clarkson
James Parkin
171 Victoria Street North
Kitchener, Ontario
N2H 5C5
APAO
Carol Hochu
365 BruneI Road, Unit 2
Mississauga, Ontario
L4Z lZ5
Central Lake Ontario Conservation
Don Wright
100 Whiting Avenue
Oshawa, Ontario
LIH3T3
Ganaraska Region Conservation Authority
Rob Franklin
P.O. Box 328
Port Hope, Ontario LlA 3W4
ATTACHMENT NO.1
CHAPTER 4
NATURAL ENVIRONMENT AND RESOURCE MANAGEMENT
4.] GOALS
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.
4.2 OBJECTIVES
4.2,] 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,
4.2.2 To protect natural heritage features and functions from incompatible development.
4.2.3 To enhance ecological processes, biodiversity and connections within the natural heritage
system.
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 ground water recharge and discharge, its significant natural
heritage features and their ecological functions, and its significant aggregate resources
4.2.6 To recognize and protect the Lake Iroquois Beach for its significant function of ground
water recharge and discharge, its significant natural heritage features and their ecological
functions, and its aggregate resources.
4.2,7 To recognize the Lake Ontario Waterfront as a dynamic and distinctive element of the
Municipality's natural environment.
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.
43 GENERAL POLICIES
4,3,] 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.
June 28, 2000 Draft - Without Prejudice
Page 1 of 24
4.32 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.
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,
4.3.4 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.
4.4 NATURAL HERITAGE SYSTEM
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 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,
4.4.2 The most significant natural heritage features form the core components of the natural
heritage system. These are:
o all evaluated wetlands
o all Areas of Natural and Scientific Interest (ANSI), except for the Bowmanville Quarry
o all significant woodlands
o all significant valley lands
o the Ganaraska Forest and the Long Sault Forest
o all fisheries habitat, including permanent streams
o habitat for threatened and endangered species
o rare vegetation communities
o significant wildlife habitat
o groundwater discharge areas,
June 28, 2000 Draft - Without Prejudice
Page 2 of 24
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:
o unevaluated wetlands
o intermittent streams
o uncommon vegetation communities
o small woodlots and hedgerows
o groundwater recharge areas.
These natural heritage features are not shown on Map C.
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,
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.
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.
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.
4.4.8 The following areas in the Municipality are particularly important to the natural heritage
system of the Municipality:
o the Oak Ridges Moraine
o the Lake Iroquois Beach
o the Lake Ontario Waterfront.
June 28, 2000 Draft - Without Prejudice
Page 3 of 24
4.4.9
4.4. 10
4.4,11
4.4.12
4.4.13
4.4.14
Oak Ridges Moraine
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 ground water.
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,
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 both public and private land stewardship initiatives in
accordance with Section 4.3.3 to enhance their natural heritage value. Council may
consider applying the Municipality's tree preservation by-law to the two Forests.
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.
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 may consider 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.
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.
June 28, 2000 Draft - Without Prejudice
Page 4 of 24
4.4.15
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.
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,
Lake Iroquois Beach
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 ground water recharge and discharge functions, its landscape features and its
aggregate resources,
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,
Lake Ontario Waterfront
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,
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.
The Municipality recognizes that the completion of a Waterfront Trail may exceed the 20
year time horiwn 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,
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
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.
June 28, 2000 Drall - Without Prejudice
Page 5 of 24
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4.4.24
4.4.25
4.4.26
Studies
An Environmental Impact Study shall be undertaken for development applications located
on lands within or adjacent to any significant 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.
Development proposals located within 120 metres of the boundary of a wetland or wetland
complex shall require the preparation of an Enviromnental 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.
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,
June 28, 2000 Draft - Wrthout Prejudice
Page 6 of 24
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4.4.27
4.4.28
44.29
Any subdivision proposal located on the Lake Iroquois Beach shall be accompanied by an
Environmental Impact Study as required by Section 44.24, 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 ground water functions,
including but not limited to, special house and infrastructure design requirements, storm
water management or construction techniques,
In addition to the other applicable requirements of this Plan, any application for official
plan amendment or rezoning located on the Oak Ridges Moraine shall be evaluated for its
potential impact on significant natural heritage features and their functions, in accordance
with the Provincial Guidelines for the Oak Ridges Moraine Area, A study shall be
prepared at the expense of the proponent to 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.
For any application for an official plan amendment or rezoning located within the Oak
Ridges Moraine Natural Corridor as identified on Map C, a study shall be submitted to the
Municipality which addresses 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 conidor. 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) identity 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) identity 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 Conidor as set out in Section 44.12.
The study shall ensure that if development interferes with the functions of the Conidor or
removes a portion of the Corridor , that opportunities for movement within the Conidor
and around the development remain.
June 28, 2000 Draft - Without Prejudice
Page 7 of 24
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4.5 NATURAL RESOURCES
4.5.1 The Municipality will encourage the wise use and management of natural resources. (New)
Soil
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,
4.5.3 The removal of topsoil is prohibited except for those exemptions pursuant to the Top Soil
Preservation Act,
Water
4,5.4 Ground water 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 ground
water, and the uses associated with this activity shall not be permitted.
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,
4.5.6 The Municipality will promote public education and awareness of the pollution of surface
water and ground water resources, including the effects of pesticides, herbicides, manure,
road salt, industrial pollutants, private waste disposal systems, and urban storm water run-
off,
Woodlands
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.
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.
June 28, 2000 Draft - Without Prejudice
Page 8 of 24
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Mineral Aggregate Resources
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;
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;
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:
Q provincially significant wetlands
Q provincially significant ANSIs, except for the Bowmanville Quarry
Q significant woodlands, other than transitional woodlands
Q significant valley lands
Q the Ganaraska Forest and the Long Sault Forest
Q cold and warm water permanent streams
Q significant portions of the habitat of threatened and endangered species
Q rare vegetation communities.
June 28, 2000 Draft - Without Prejudice
Page g of 24
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4.5,11
4,5,12
4.5.13
4.5.14
4.5.15
The establishment of a new Aggregate Extraction Area or the expansion of an existing
Aggregate Resource Area shall also not be permitted in:
o Urban Areas as identified on Map A
o Hamlets as identified on Map A
o Country Residential Subdivisions as identified on Map A
o Rural Residential Clusters
o Rural Residential Concentrations
o trailer parks, commercial and tourism uses existing on the date of Council approval of
this Plan,
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 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 unduly
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, If the 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:
o aggregate resource use is not feasible; or
o the proposed land use or development would serve a greater long term public interest
than aggregate extraction.
June 28, 2000 Draft - Without Prejudice
Page 10 of 24
\
4,5,16
4517
4,5,18
4.5.19
4.5.20
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 of the 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 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.
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.
June 28, 2000 Draft - Without Prejudice
Page 11 of24
,
4.5.21
4.5.22
4523
4.5.24
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.
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.
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 ofthe 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.
4,6 HAZARDOUS CONDITIONS
4,6,1 Hazard Lands, the Regulatory Shoreline Area, and Waste Disposal Assessment Areas, as
identified on Maps Dl and D2, 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. Maps Dl and D2 may be revised to
reflect such additional information without the need for an amendment to this Plan.
June 28, 2000 Draft - Without Prejudice
Page 12 of 24
.
Hazard Lands
4.6.2
4.6.3
4,6.4
4.6.5
Regulatory Shoreline Area
4.6.6
4,6.7
4,6,8
Waste Disposal Assessment Areas
4.6.9
4.6.10
4,6,11
4,6,12
Contaminated Sites
4.6.13
4.6.14
4,615
4,7 Waste Disposal Sites
4,7.1
4,7.2
4,73
June 28, 2000 Draft - Without Prejudice
Page 13 of 24
CHAPTER 11
EMPLOYMENT AREAS
11.6
11,6,6
GENERAL INDUSTRIAL AREAS
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. "
CHAPTER 14 OPEN SPACE SYSTEM
14,1
14,11
14.1.2
14.2
14.21
14.2.2
14.2.3
14.2.4
14.2.5
GOALS
To protect, manage and enhance the Municipality's significant natural heritage features.
To create an integrated and continuous system of natural areas.
OBJECTIVE
To protect significant natural heritage features from the effects of human activity.
To maintain, restore and create continuous green corridors along stream valleys.
To ensure active and passive recreational activities are compatible with the natural
environment.
To protect the Oak Ridges Moraine and its special ecological functions.
To provide a Waterfront which is clean, green, connected, open, accessible, useable,
diverse, affordable and attractive.
June 28, 2000 Draft - Wrthout Prejudice
Page 14 of 24
,
143
143.1
14.3.2
1433
14.4.
14.4.1
14.4.2
14.43
14.4.4
14.5
14.5.1
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.
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,
No development shall be permitted in Environmental Protection Areas, expect passive
recreation and uses related to erosion control and storm water management.
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 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.
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.
GREEN SPACE
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.
June 28, 2000 Draft - Without Prejudice
Page 15 of 24
14,5.2
14.6
14.6.1
14.6.2
14.6.3
14,7
14,7.1
14,7.2
14,73
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 Secton 18,6 of this Plan in accordance with Section 13.3.4 (c) to (g). Farm-
related commercial/industrial uses are permitted in accordance with Section 13.3.6.
OAK RIDGES MORAINE GREENWAY
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
Uses permitted in the Moraine 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.
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 of this Plan,
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.
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).
Existing residential uses within the Regulatory Shoreline Area as defined on Maps D I and
D2 are permitted to continue subject to Sections 4,6.7 and 4.6,8 of this Plan,
CHAPTER 15
AGGREGATE EXTRACTION AREAS
l5.!
GOAL
15.11
15.1.2
To provide opportunities for the extraction of aggregate resources with minimal impact on
the natural environment, landscape, local residents, and the Municipality.
To seek to have the extraction, rehabilitation, and closure of licensed aggregate extraction
operations undertaken expeditiously.
June 28, 2000 Draft - Without Prejudice
Page 16 of 24
15.2
15.2.1
15.2.2
15.23
15.2.4
15.3
153.1
153.2
1533
OBJECTIVES
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.
To provide for aggregate-related industrial uses on an interim basis which are appropriate
and compatible with surrounding land uses,
To seek to ensure that Aggregate Extraction Areas are appropriately and progressively
rehabilitated.
To encourage the implementation of area-wide rehabilitation strategies.
POLICIES
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 Area 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 Area by an amendment to this Plan and in accordance with the
following:
a) the study requirements of Section 153.6 to 153,10 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.
June 28, 2000 Draft - Wrthout Prejudice
Page 17 of 24
153.4
153.5
153,6
153.7
153.8
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 153.4, 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.
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 153,9 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 153,8, 153.9 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 153.9 shall not
be subject to the requirements of Section 4.4.24, 4.425, 4.4.26, and 4.4.28 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 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,
June 28, 2000 Draft - Without Prejudice
Page 18 of 24
153,9
15.3.10
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 requirements of Section 4.4.29 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
ANSls, 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;
June 28, 2000 Draft - Without Prejudice
Page 19 of 24
15.3.11
15.3,12
15.3.13
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;
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.
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.
In areas where an Aggregate Extraction Area is located on Class 1 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
June 28, 2000 Draft - Without Prejudice
Page 20 of 24
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.
CHAPTER 19 TRANSPORTATION SYSTEM
19.4
FREEWAY
19.4.4
The corridor for the future Highway 407 is designated on Map A as Green Space. As
well, 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.
CHAPTER 23 IMPLEMENTATION
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:
i) where a property has more than one land use designation, a land severance along the
boundary of two different designations is permissible provided the severance does
not contravene any applicable policies of this Plan;
j) in the Agricultural Areas and Green Space, any severance applications for
agricultural, farm-related uses, and farm-related industrial/commercial uses shall be
permitted in accordance with Sections 13.3.6, 13.3,9, and 13.3,10; and
k) in the Potential Aggregate Resource Area as identified on Map G, any severance
shall comply with Section 4.5,15 ofthis Plan.
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.
June 28, 2000 Draft - Without Prejudice
Page 21 of 24
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,
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.
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,
June 28, 2000 Draft - Without Prejudice
Page 22 of 24
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.
Recreation - Passive
Uses of relatively low intensity requiring minimal modification of the land surface and minimal
removal of trees, and relatively few if any buildings or structures.
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 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 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 reasonably important to wildlife; rare vegetation commumtIes 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, or greater than 4 ha located in the rest of the Municipality, "Significant woodland"
shall not include a plantation that does not qualify as a "significant plantation".
June 28, 2000 Draft - Without Prejudice
Page 23 of 24
Woodland
Shall mean a treed area that provides environmental and economic benefits such as erosion prevention,
water retention, and the provision of habitat.
June 28, 2000 Draft - Without Prejudice
Page 24 of 24
EXHIBIT" A "
MODIFICATION No. 173 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN,
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