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HomeMy WebLinkAboutPD-079-00 . ;.,. T~ po1\..obo THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON REPORT PUBLIC MEETING Date: Tuesday, September 5, 2000 File # fl() r Res. #0'fjJ-3'c.: "1-00 Meeting: General Purpose and Administration Committee Report #: PD-079-00 FILE #: COPA 97-012 By-law # Subject: SETTLEMENT OF REFERRAL 5 AND ASSOCIATED APPEALS AGGREATE PRODUCERS ASSOCIATION OF ONTARIO NATURAL HERITAGE AND AGGREGATE POLICIES FILE: COPA 97-012 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-079-00 be received; 2. THAT Proposed Official Plan Amendment #19 and Modification #173, be referred back to staff for preparation of a subsequent report on all outstanding issues; and 3. THAT all interested parties, including the Region of Durham, be provided notice of Council's decision. 1. BACKGROUND 1.1 The Municipality of Clarington has been in negotiations with the Aggregate Producers Association of Ontario (APAO) in an attempt to resolve their concerns which precipitated in the referral of portions of the Clarington Official Plan to the Ontario Municipal Board. Also participating in the discussions were the Province (represented by the Ministry of Natural Resources and the Ministry of Municipal Affairs and Housing), the Region of Durham, Central Lake Ontario Conservation Authority, Ganaraska Region Conservation Authority, and two public interest groups being; Save the Oak Ridges Moraine (STORM) and Save the Ganaraska Again (SAGA). 61j . ti. =.:-' ~.. "~. REPORT NO.: PD-079-00 PAGE 2 1.2 The referred policies included the majority of the aggregate resources section, some environmental policies, two implementation policies and 6 official plan maps. It was agreed by the Region, the AP AO and the Municipality that the policies and maps be referred only as they relate to aggregate issues, allowing the environmental policies to stand as they relate to all other issues with the exception of aggregates. 1.3 The policies proposed through Modification #173 and Official Plan Amendment #19 are the result of settlement negotiations around the pending OMB hearing. The Municipality's solicitor and several consultants were retained for assistance during the negotiations and development of revised policies. The consultants included Dr. Mark Taylor (Geomatics International and Beak), Rob Delorme (Geomatics International), Gary Stanun (Stanun Economic Research), and Bill Blackport (Blackport & Associates). 2. SUMMARY OF REFERRAL NO.5 TO THE CLARlNGTON OFFICIAL PLAN 2.1 The AP AO referred a total of 30 policies and 6 maps. A brief description of the referral follows: . Chapter 4 - Natural Environment and Resource Mana~ement Thirteen policies have been referred, including the policies which address Map C and the natural features identified thereon, the policies requiring the preparation of Environmental Impact Studies, and the policies regarding the Oak Ridges Moraine (ORM) and the Lake Iroquois Beach (LIB). . Chapter 14 - Open Space System Five policies relating to the Environmental Protection Areas and the Oak Ridges Moraine have been referred. . Section 15 - A~~re~ate Resources Ten policies in this section have been referred. 616 'l ~ , of REPORT NO.: PD-079-00 PAGE 3 . Section 23 - Implementation Two policies which address the criteria for the creation of lots by severance and the requirements for Official Plan Amendments have been referred. . Map Ai - Land Use - Darlinf!;ton and Clarke All lands designated Environmental Protection Area, Green Space, Oak Ridges Moraine have been referred. The Aggregate Extraction designation on the Darlington and Clarke Land Use schedule have also been referred. . Maps Ci to C4 - Natural Features and Land Characteristics These four maps have been referred in their entirety as they relate to aggregate resources and aggregate extraction. 2.2 The Major issues identified in the referral include: i) Lack of recognition of the importance of aggregate resources in the ORM and LIB - The Official Plan recognizes the significant geological resources within the ORM, however, the APAO felt that the Official Plan should place more emphasis on the importance of aggregate resources, particularly in these areas where valuable aggregate deposits are found. ii) The Official Plan lacked an adequate balance between the protection of natural features and the identification and protection of aggregate resource deposits - The APAO were concerned that the environmental policies would result in the protection of a locally significant natural feature at the expense of the potential development of a provincially significant aggregate resource. iii) Incorporation of matters regulated by the Aggregate Resources Act in the Official Plan -It was the APAO position that the requirements of the Aggregate Resources Act are satisfactory and additional standards or requirements such as bll ~ f ~ REPORT NO.: PD-079-00 PAGE 4 the preparation of further environmental studies would result III unneeded duplication. iv) Identification and categorization of primary and accessory aggregate related uses - The AP AO felt that the identification of permitted aggregate related uses is too limited and should be expanded to include those uses which they consider to be primary uses in an aggregate extraction operation. v) Prohibiting the establishment of permanent concrete batching and asphalt plants in a licensed pit - The APAO's position was that these uses should be permitted as a permanent use by amendment to the Zoning By-law subject to environmental and compatibility criteria. 3. ADDITIONAL MATTERS BEFORE THE BOARD 3.1 In addition to the matters referred to the OMB by the APAO, there were additional matters appealed that have been consolidated to the pending hearing. These are: Appeals 2 and 3 to the Official Plan The Municipality appealed the Region's deferral of the policies and maps related to the aggregate extraction in the Ganaraska Forest (Appeal #2 and Appeal #3). Appeal #2 also included Section 15.3.7, the policy identifying those study requirements to be completed prior to the evaluation of an application for an Official Plan Amendment to permit aggregate extraction. Appeal of Amendment No.3 At the commencement of negotiations with the AP AO, staff initiated some studies from consultants retained for the hearing. Amendment No.3 was prepared to implement the iuterim results; it was adopted by Council on October 27, 1997. The APAO appealed Amendment No.3 to the OMB. blo I < REPORT NO.: PD-079-00 PAGE 5 4. PROVINCIAL POLICY 4.1 The Clarington Official Plan was prepared and adopted having regard for the Comprehensive Set of Policy Statements (CSPS) issued under the authority of the Planning Act as amended by Bill 163. These policies were subsequently replaced by the Provincial Policy Statement (PPS) which came into effect on May 22, 1996 when the Planning Act was amended by Bill 20. The Official Plan, in accordance with Bill 20, is required "to have regard for" the revised provincial policies. While in many ways, the PPS carried forward many of the same policy thrusts from the CSPS tl1ey are less prescriptive and detailed, and recognize that there are complex inter-relationships among environmental, economic and social factors in land use planning. The policies also provide for the identification of significant features by local authorities as opposed to identification of significant features by the Province. Certain revisions are required to the Official Plan Policies to bring the policies into conformity with the Provincial Policy Statement with respect to aggregate resources and natural heritage. For example, the basis of the PPS is to provide for economically and environmentally sound growth that is wisely managed, meeting the full range of needs for both current and future residents. The Province's resources are identified as follows: agricultural land base, mineral resources, natural heritage resources, water supply and cultural heritage. The Municipality has the opportunity to identifY other significant resources and the new policies identifY Natural Heritage features deemed to be significant within Clarington. In addition, the PPS states that: "as much of the mineral aggregate resources as is realistically possible will be made available to supply mineral resource needs, as close to markets as possible". The use and availability of aggregate resources must be balanced with the use and availability and/or the protection of the Province's other natural resources. It is also recognized that the PPS represents only the minimum standard for planning policy. Municipalities have the ability to establish a "standard" that exceeds the provincial requirements. 61~ .' , REPORT NO.: PD-079-00 PAGE 6 S. HIGHLIGHTS OF THE PROPOSED REVISIONS TO THE NATURAL HERITAGE POLICIES 5.1 A number of changes have been made to Chapters 4 and 14 of the Official Plan incuding format changes. In keeping with the PPS, Chapter 4, the "Natural Environment and Resource Management" section has been expanded to recognize that an appropriate balance of the protection of the natural heritage system and the management of our natural resources is essential in order to ensure that our natural heritage and natural resources are available for the enjoyment and benefit of future generations. The chapter has been divided into 4 subsections being "Natural Heritage System", "Natural Resources", "Hazardous Conditions" and "Waste Disposal Sites". The Natural Heritage Section is comprised of subsections dealing with the Oak Ridges Moraine, Lake Iroquois Beach, Lake Ontario Waterfront, and Studies. The Natural Resources Section includes subsections entitled Soil, Water, Woodlands, and Mineral Aggregate Resources. With the exception of the introductory statement in the Hazardous Conditions Section (4.6.1), the policies have not changed with the exception of the appropriate numbering revisions. Only numbering changes were made to the Waste Disposal Sites Section. 5.2 Natural Heritaf!.e System 5.2.1 In addition to the natural heritage features currently identified on Map "C", the following features have also been included on Map "C" where possible: all significant valleylands; the Ganaraska Forest, the Long Sault Forest; all fisheries habitat including permanent streams; habitat for threatened and endangered species; rare vegetation communities; significant wildlife habitat; and ground water discharge areas. The policies now identify these features as significant core components of the natural heritage system. Other natural features which support these core components include unevaluated wetlands, intermittent streams, uncommon vegetation communities, small woodlots, hedgerows, and groundwater recharge areas. These areas have not been identified on Map "C", but it is recognized that these elements are important in maintaining the health and biodiversity of the natural heritage system. Map "C" in the current Official Plan also identifies all 62u , , , , , REPORT NO.: PD-079-00 PAGE 7 tableland woodlands. The environmental consultant's work referred to in Section 5.5 also concluded that in Clarington, significant forests would be all forests greater that 30 ha on the Oak Ridges Moraine, all forests greater than 4 ha off the moraine, except urban areas and hamlets. The current Official Plan identifies a 1 ha woodland within an Urban Area or Hamlet as significant. 5.2.2 This section also recognizes that the Oak Ridges Moraine, Lake Iroquois Beach and the Lake Ontario Waterfront are important elements of the natural heritage system. The proposed policies provide greater emphasis for the importance of the ORM and LIB recognizing that these are important landforms valued for their extensive forests, groundwater recharge and discharge functions, landscape features and aggregate resources. The content of the Lake Ontario Waterfront policies have not been revised with the exception of some reordering and renumbering ofthe policies. 5.3 Natural Resources 5.3.1 This is a new section to reflect Clarington's natural resources such as soil, woodlands and mineral aggregate resources. The inclusion of mineral aggregate resources into this section recognizes that mineral aggregate resources are an important resource which needs to be appropriately balanced with the ecological integrity of the natural heritage system, rural landscapes and the quality of life of our residents. 5.3.2 The existing Official Plan has policies with respect to our water resources. Wording of these policies have changed somewhat, including a stronger recognition of the importance of groundwater for the maintenance of the ecosystem and as a source of drinking water. A new policy has been added acknowledging that maintaining clean water is important to the health of residents and the ecosystem. This policy also commits the Municipality to cooperating with other levels of goverrunent, private and public agencies to promote the conservation and wise use of our surface and groundwater resources. 5.3.3 Woodland policies now III Section 4.5.7 and 4.5.8 of the proposed amendment are b21 , , REPORT NO.: PD-079-00 PAGE 8 currently existing polices but have had some minor changes made to the ordering and content of these policies. 5.3.4 With respect to soils, a policy has been proposed that will discourage those land uses that are not compatible with agricultural activities from establishing on or adjacent to lands identified as having Class 1-3 soils. 5.4 Open Space System Chapter 14 of the Official Plan identifies the Open Space System and include the following land use designations: Environmental Protection Areas; Green Space; Oak Ridges Moraine Greenway; and Waterfront Greenway. Many of the policies contained within this section are existing policies which have been slightly reworded and reordered. There are some new policies for lands within the Green Space designation and the Oak Ridges Moraine Greenway designation. 5.5 Protection of the Ganaraska and Lon[1; Sault Forests 5.5.1 Dr. Taylor (Geomatics and Beak) was responsible for providing information on woodlands within Clarington. In the his opinion, the preservation of large wooded areas is crucial in southern Ontario as few remain. Large wooded areas provide habitat for species requiring extensively forested areas such as owls and shy animals, species requiring forest interior and species which require the special climate associated with large forest blocks. In addition, large woodlands provide for greater diversity of species than smaller woodlands. For the reasons noted, the size of a woodland is the most important criteria when determining the significance of woodlands. The consultants analysis revealed that located within the Municipality of Clarington there are significant portions of two mega-woodlands. A mega-woodland is defined as greater than 400 ha in size and providing significant interior core habitat. In Clarington, the Long Sault Forest was identified as being greater than 1,150 ha in area and the Ganaraska Forest was identified as being greater than 3,600 ha in area. These forests are extremely large and are considered to be regional forests in that they are also located within adjacento 62,- ! REPORT NO.: PD-079-00 PAGE 9 municipalities. Ownership of a large portion of each of these forests IS with a Conservation Authority. 5.5.2 In addition to the protection of these forests, it is important to maintain biodiversity and to provide an opportunity for the movement of wildlife between these two forests. An Oak Ridges Moraine Natural Corridor Area has been identified to facilitate the corridor function between the two forests. Protection and enhancement of the wildlife habitat within this corridor will provide animals and plant seed stock with the opportunity to move between the forests, providing many opportunities for bio-diversification of the specIes. The extraction of aggregate from lands within this corridor has not been prohibited, however, any application to develop these lands must include a study which will provide evidence that will ensure that the function of the wildlife corridor will not be interrupted. The Oak Ridges Moraine Natural Corridor facilitates the use of the existing Highway 35/115 underpass but other opportunities to facilitate movement will have to be encouraged. 6. HIGHLIGHTS OF THE PROPOSED REVISIONS TO THE AGGREGATE RESOURCE POLICIES 6.1 Chapter 15 "Aggregate Resources" in the current Official Plan presently incorporates both strategic and land use policies into this one chapter. The reorganization of Chapter 4 in the proposed Official Plan to include a natural resources subsection allows for the incorporation of the aggregate resource strategic policies. This is an extensive section having 16 subsections comprising new and existing policies including the need to monitor aggregate extraction activity in Clarington, the preparation of an area wide rehabilitation plan for the Oak Ridges Moraine, wayside pit and quarry policies and specific policies regarding portable asphalt plants. 6.2 Identification of Potential Af(f(ref(ate Resource Areas Map "D" in the current Official Plan identifies Aggregate Resource Areas within the bLJ , , REPORT NO.: PD-079-00 PAGE 10 Municipality of Clarington. This information was taken from the Mineral Aggregate Resource Inventory mapping prepared by the Ministry of Natural Resources and identifies the location of primary and secondary aggregate deposits. The proposed Map "G" identifies Potential Aggregate Resource Areas. This mapping is based on a constraint analysis. A set of environmental and socio-cultural criteria were established and include: Environmental Criteria Provincially Signficiant Wetlands Provincially Signiciant ANSls, except the Bowmanville Quarry Significant Woodlands other than transitional woodlands Significant Valleylands Ganaraska Forest Long Sault Forest Cold and warm water permanent streams Socio-Cultural Criteria Urban Areas Hamlets Country Residential Subdivisions Rural Residential Clusters Rural Residential Concentrations Existing Trailer parks Existing Commercial uses Existing Tourism Uses These criteria were deemed to be features or land uses which would constrain the development of aggregate resources. Identification of the location of these features in relation to the primary and/or secondary aggregate resource deposits provided the basis for Map "G" - Potential Aggregate Resource Areas. The result is twofold: protection of significant natural heritage features and socio-cultural land uses from future aggregate extraction operations, and the protection of only those lands possessing unconstrained aggregate resources. 624 REPORT NO.: PD-079-00 PAGE 11 6.3 AJ(weJ(ate Studies Chapter 15 also details those studies that need to be submitted prior to consideration of an aggregate extraction operation. The aggregate extraction area study is a comprehensive document which, if completed to the satisfaction of Section 15.3.9 of the proposed amendment, an EIS will not be required. This study is comprehensive and includes requirements similar to that of an EIS and it shall, among other things, identify any impacts that may result from the proposal and shall make recommendations regarding appropriate and practical mitigation methods. A progressive rehabilitation plan shall also be provided which if appropriate shall take into account the objectives of any area-wide rehabilitation plan. Where appropriate, an Oak Ridges Moraine Corridor study may be required. The Municipality retains the ability to require a peer review of the studies submitted. 6.4 AJ(weJ(ate Related Uses In keeping with the PPS, uses that may be permitted accessory to the aggregate extraction operation such as crushing, screening, blending, stockpiling and aggregate recycling have been identified in the proposed policies. In addition, the Official Plan placed certain restrictions on the use of concrete batching and asphalt plants. These restrictions included among other things, that the use must be associated with a specific construction project and that it only be permitted by amendment on a temporary basis, to the Zoning By-law for 3 years. Section 15.3.5 of the proposed policies states that any other related aggregate-related industrial uses including permanent asphalt plants and concrete- batching plants will only be permitted by amendment to the Official Plan. 6.5 Area-Wide Rehabilitation Plan The proposed policies state that Council will prepare area-wide rehabilitation plans for the aRM. The primary objective is to provide a context for individual rehabilitation plans so that collectively they contribute to the long term vision for the aRM. An area-wide rehabilitation plan will lead to the creation of appropriate landforms and continuous forest cover. The area-wide rehabilitation plans shall also provide for the protection and 6L'J , REPORT NO.: PD-079-00 PAGE 12 enhancement of the ecological integrity of the natural heritage system, including the maintenance enhancement or establishment of natural corridors. These plans shall also reflect the underlying land use designations. 7. OTHER POLICY CHANGES 7.1 Section 11 - Employment Areas - General Industrial Areas Included in this section is a new policy permitting an asphalt or concrete batching plant or an aggregate transfer station in the General Industrial designation through site specific zomng. 7.2 Section 19 - Transportation System - Freeway It is recognized that Highway 407 will be a gateway into the Municipality. It is important that the visual enviromnent be maintained and that significant vistas and view corridors be protected. Methods proposed for maintaining a pleasing visual enviromnent include the protection of prominent landscape features and landscaped buffer strips 7.3 Section 23 - Implementation - Severances This section identifies where severance applications may be considered. A new policy has been added reflecting the PPS, which states that any severance application which is located within the Potential Aggregate Resource Area as identified on Map "G" must satisfY a number of conditions including determining that the use of the aggregate resource is not feasible, and that the proposed land use serves a greater long term public interest than the future extraction ofthe aggregate resource. 7.4 Section 24 - Interpretation - Definitions and 24.6 The interpretation section provides information on applicability aspects of the plan such as the Maps. Section 24.6 has been revised now clarifying that the information shown on Maps "C", "D" and "G" identifies a general location of features and that the features identified on these maps are not land use designations. 626 .\ REPORT NO.: PD-079-00 PAGE 13 7.5 The interpretation section also provides a glossary of defined terms. Some additional defined terms were added to the glossary to ensure the clarity of the policies. New defined terms include ecosystem, negative impact, old growth woodland, plantation, portable asphalt plant, rare vegetation community, recreation-passive, rural residential cluster, rural residential concentration, significant plantation, significant wildlife habitat, significant woodland and woodland. 8. NOTICE OF PUBLIC MEETING 8.1 Notice of the required Public Meeting was placed in the August 9, 2000 edition of the Canadian Statesman. On this same date, notice for a Public Information Session which was held on Tuesday, August 29 at 6:00 p.m. to 8:00 p.m. was also provided in this publication. In addition, a complete set of the policies, mapping and copies of the public notices were placed in all Clarington public libraries for public viewing. 8.2 In addition, copies of the policies, mapping and public notice were provided to the following Citizen Groups for their comments: . Committee of Clarke Constituents . Durham Action Network . Durham Enviromnental Network . Durham Field Naturalists . Friends of the Second Marsh . North Clarington Ratepayers Association . Oak Ridges Moraine Coalition . Orono District Community Association . Port Darlington Community Association . Save The Ganaraska Again . Save The Oak Ridges Moraine These citizen groups were invited to an information session preceding the August 29th Public Information Session to discuss the policies and the procedural process being following. 6L/ '- , REPORT NO.: PD-079-00 PAGE 14 8.3 SAGA submitted written comments supportive of the proposed policy reVlSlons. However, SAGA noted that Sections 4.4.28 and 4.4.29 make reference to studies to be prepared but does not specifically state that the Municipality will select and retain a consultant to prepare an EIS at the expense of the proponent. SAGA believes that if the wording is not explicit, then the potential exists for an EIS to be conducted which does not follow the administration procedure as identified in Section 4.4.24. 9. AGENCY COMMENTS 9.1 The proposed policies were circulated to the various agencies for their comment. 9.2 The City of Oshawa have offered verbal comments asking for a reVIew of the classification of the two Harmony Creek tributaries as they enter Clarington as either a cold or warm water tributary. City of Oshawa notes that the tributaries in the City of Oshawa are a cold water tributary and the second tributary being a warm water tributary. Map "C" shows the classification of the tributaries as a warm water tributary and a cold water tributary respectively. 9.3 Central Lake Ontario Conservation Authority recommend that the implementation section of the Official Plan should provide a mechanism to trigger the implementation of the watershed planning and the monitoring of development impacts on the natural enviromnent. CLOC also notes that Map "C" does not incorporate the recent boundary changes to the provincially significant Black Farewell Creek Wetland Complex. CLOC notes that Section 4.4.11 promotes the protection of the Long Sault and Ganaraska Forest. They suggest that this policy should include the encouragement of the public acquisition of these forests. CLOC requested clarification as to what constitutes "adjacent lands" to agriculture in Section 4.5.2. In Section 23.2.5, CLOC believes that the following wording "the proponent of an amendment may be required to submit bib , REPORT NO.: PD-079-00 PAGE 15 reports from qualified professionals" is misleading and contradicts the requirements of Section 4.4.24 which states that the Municipality will select and retain a consultant to prepare an EIS at the expense of the proponent. 10. PROCEDURAL REQUIREMENTS 10.1 The procedural requirements are complex and are explained briefly. a) Referral #5 is a referral of the Clarington Official Plan by the Aggregate Producers Association of Ontario Under Bill 163. Appeals 2 and 3 to the Clarington Official Plan were also made under Bill 163. Policies which will be approved in response to Referral #5 and Appeals 2 and 3will be dealt with through Modification #173 and will be presented to the Ontario Municipal Board for approval. b) The Municipality forwarded Official Plan Amendment #3 for adoption in October 1997 under Bill 20. The AP AO's appeal of Amendment #3 is consolidated with Referral #5. Revisions to the policies in Amendment #3 are incorporated in Modification #173. c) Official Plan Amendment #19 is receiving its statutory public meeting on this date. Notice has been provided in accordance with the statutory requirements of the Planning Act. This amendment, will be subject to all procedural requirements including appeals. Of note is the fact that if Amendment #19 is appealed the Municipality's solicitor will request that OMB member presiding over Referral #5 to take jurisdiction over this matter. 11. STAFF COMMENTS 11.1 While the Municipality does not achieve all of its objectives, it is staff's view that the proposed policies are a significant achievement in improving enviromnent protection and the wise stewardship of the aggregate resources. 6L1 , REPORT NO.: PD-079-00 PAGE 16 11.2 The proposed policies make the Official Plan a better and stronger document with respect to protection of the enviromnent. The natural heritage policies apply across the Municipality for all land use activities, not just aggregate extraction. 11.3 The Official Plan, as adopted by Council in 1996, prohibited aggregate extraction within the Ganaraska watershed. The proposed revisions prohibits aggregate extraction from areas identified as The Ganaraska Forest and Long Sault Forest in the Official Plan. It also prohibits aggregate extraction from significant woodlands and other more significant natural heritage areas. This results in a more balanced approach to protect the entire Oak Ridges Moraine natural heritage system. 11.4 The boundaries of The Long Sault Forest and the Ganaraska Forest areas were subject to a great deal of discussion in the negotiation process. In the end, there was one outstanding issue; the designation of lands owned by Lafarge and identification of the boundary of the Ganaraska Forest in proximity to the Lafarge lands. The subject lands are located in Lots 18 and 19, Concession 9, former Township of Clarke. Development applications for these lands have yet to be received, however, the staff suggest that the designation of the lands be deferred and the status of this area will be determined in conjunction with a future recommendation regarding a potential aggregate operation on this site. 11.5 The policies promote the wise stewardship of the aggregate resource. The Potential Aggregate Resource Area is protected from development which would sterilize the resource unless it is shown that aggregate extraction is not feasible or the proposed land use serve a greater long term public interest. On the other hand, the Municipality would take the initiative to prepare area-wide rehabilitation plans to ensure that a comprehensive framework for individual pits is in place. b5U REPORT NO.: PD-079-00 PAGE 17 11.6 The proposed changes do not incorporate revisions to the boundaries of the Black/Farewell provincially significant wetland. It will be undertaken in a separate but parallel process to be initiated shortly. 12. CONCLUSION The purpose of this report is to satisfY the requirements for the Public Meeting under the Planning Act. It is respectfully requested that this report be referred back to Staff for consideration of the comments made at the Public meeting and preparation of a subsequent report. Respectfully submitted, Reviewed by, lin Wu, M.C.I.P., R.P.P. Chief Administrative Officer. D i J. rome, M.C.I.P., R.P.P. Direc of Planning & Development HB*BN*DC*df 29 August 2000 Attachment 1 - Proposed Amendment #19 Attachment 2 - Consolidation of Modification #173 and OPA #19 List of interested parties to be notified of Council and Committee's decision: 65j '. REPORT NO.: PD-079-00 PAGE 18 Victor Doyle Minister of Municipal Affairs 14th Floor, 777 Bay Street TORONTO, Ontario M5G 2E5 James Parkin MacNaughton Hermsen Britton Clarkson 171 Victoria Street North KITCHENER, Ontario N2H 5C5 Brian Buckles S.T.O.R.M. R.R.#4 2300 Concession Road 7 UXBRIDGE, Ontario L9P 1R4 Don Wright Central Lake Ontario Conservation 100 Whiting Avenue OSHA W A, Ontario LlH 3T3 Wayne Fairbrother Templeman, Menninga Barristers and Solicitors 205 Dundas Street East Suite 200 Post Office Box 234 BELLEVILLE, Ontario K8N 5A2 Rob Franklin Ganaraska Region Conservation Authority P.O. Box 328 PORT HOPE, Ontario LlA 3W4 Carol Hochu APAO 365 Brunei Road, Unit 2 MISSISSAUGA, Ontario L4Z 1Z5 Katherine Guselle SAGA 45 Connaught Street OSHA W A, Ontario Ll G 2H1 Peter White Ministry of Natural Resources 300 Water Street 4th Floor South Tower, P.O. Box 7000 PETERBOROUGH, Ontario K9J 8M5 65c ATTACHMENT 1 OFFICIAL PLAN AMENDMENT NO. 19 CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this Amendment is to incorporate new policies related to the protection ofthe 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 4.31; 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 4.6.1 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; -1- b5) 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 14.5.1 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 -2 - b54 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 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 . 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 . 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: . the Oak Ridges Moraine - 3 - b5J . 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 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. 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 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. 4.4.14 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. 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. -4 - bJO 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 oflandscapes 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: "4.4.27 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 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." 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 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 - 5- b5/ 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 4.4.18. 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 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. " -6- 650 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 4.61 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 ItMoraine" . 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 and southern Ontario. Except as otherwise provided in this Plan, Council shall restrict the land uses permitted on the Oak Ridges Moraine -7 - b5'j 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 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. " 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 of trees" after the words "land surface". 42. On Map A1 (Darlington) and Map Al (Clarke), in the legend, by adding the word "Greenway" after the words "Oak Ridges Moraine". 43. By deleting existing Maps C1 to C4 and replacing them with new Maps C1 to C4, entitled "Natural Heritage System", and new Map D entitled "Natural Hazards and Land Characteristics", as indicated by Schedules "A" through "E" to this amendment. . - 8- b4u IMPLEMENTATION: INTERPRETATION: The provisions set forth in the Clarington Official Plan, as amended, regarding the implementation of the Plan, shall apply in regard to this Amendment The provisions set forth in the Clarington Official Plan, as amended, regarding the interpretation of the Plan, shall apply in regard to this Amendment. - 9- b41 8 ~ 151 \4 13111 111\0 ~ Ie ,', 312 LOT Ii , o ~ 8 t o ~ , o i o , ~ o ~ 8 ~ ~ , c ~ ~ ~~/' o ~ 8 r .r I COURtiCE URBAN I AREA (SEEI M4P A2) I, ') c o ~ 8 1\ (,) I ~) \, ern I j'~ ~ I 't '- '-c~~~___ 'I ?",~ . "y" Ic~, ~.':;, u~----J, -.~ /I~';I ENVlRONMENTAL ~ /-';- .. PROTECllON AREA L-J " , \. I .. GREEN SPACE 11II \.....J OAK RIDGES ~ URBAN RESIDENTIAl .. MORAINE GREENWAY ~ _WATERFRONT COUNTRY RESIDENTIAL IiII!I:Dl GREENWAY . COMMUNITY PARK . ~ TOURISM NOOE LAKE ONTARIO _ _ _ URBAN BOUNDARY D - " 05 PRIME AGRICULTURAL AREA GENERAL AGRICULTURAL AREA AGGREGATE EXTRACTlONAREA PUBLIC ELEt.iENTARY SCHOOL SEPARATE ELEr.lENTAf!YSCHOOL MAP Al (DARLINGTON) LAND USE DARLINGTON RURAL AREA -----HAMLETBOUNDARY HAMLET RESIDENTIAL OFFICIAL PLAN MUNICIPALITY OF CLARINGTON "UNE29,2000 lI!IS CONS(lJ(lI,TlOH IS f>Il(M)fO fa~ CONVErt,NeE LKY _'Ef'R[SE""'~IlIUOOIf1CA.1'IONS...o""'~, o - RURAL RESIDENTIAL CLUSTER SPECIAL POLICY AREA HAMLET PARK PRtMEAGRICUlTIJRAL AREA,SU8JECTTO SECTION 14.6 * - UTILITY SOO 1000.500", 500 m GOLF COURSE ," ,H~ z o ~ . z o ~ 8 z o I z o ~ o 1i ~ o ~ z o o ~ ~ ~ DEFERREOoY THE RWON OF OURHA~ 0 ENVlRON~ENTAL PROTECTION AREA --- Ul'lBANBOUNDARY - GREEN SPACE ---.-.. HAMLET BOUNDARY - OAK RIDGES MORAINE GREENWAY 0 URBAN RESIDENTIAL - WATERFRONT GREENWAY ~ COUNTRY RESIDENTIAL . DISTRICT PARK HAt.lLETRESIDENTIAL . HAMLET PARK @ RURAL W!iI PRII.4EAGRICULTURAL ARE/\, SUBJECT TO RESIDENT1AL C~USTER SECTION 14_6 - UTILITY 0 PRIME 960.l9 AGRICULTURAL AREA o 8i , 8 - m~'m'l :. :~.: a " GENERAL AGRICULTURALARfA AGGREGATE EXTRACTlONAREA PUBLIC SECONDARY SCHOOL PUBliC ELEMENTARY SCHOOL '" ~ SPECIAL POLICY ARE/>. t MAP Al (CLARKE) LAND USE CLARKE RURAL AREA ~ * TOURISM NODE 500 1000 1500 m OFFICIAL PLAN MUNICIPALITY OF CLARINGTON JUNE28,2000 1.1~~REC;:S~rr:'rn'kr~~~~~"~1 SPECIAL STUDY AREA. 500 m 04) ~t--=~ ,/ F j 1/ I h',1 ~D,f/~, h'" '-~~/ - ,,' '\l//' _~IC~D_Rcm/j__ ':'\1 //i:; Ilk' '.'~.. I ~\-C-------,';"", II---\.~' ',' _,<;o>:J~t'/ Ilr-~0,\l:;'-<:j:; I'il \~~y;'{! .__1_ ~~!:;?::S2;:\ ~ ~RA<;l(; ~L /)~ /Z ~~~_~ ~ r- - '~ -':'LLARD z )> ,~~ ;: .... c C ~g z Ul AI "" ~ " 0 )> '0 ~O c: " , r- ~~ ~ <- .... ~" :I: :t: ;;: ~ '0 ~B m ~!' ~ffi 0 )> ~~ ~_:;l 0> > AI ." ,,~ ;U :::; " o~ "" ,... )> () ~~; i'ii ,>'> Z Gl ~ I~!l ~ "z Gl m z .... 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I j C"'Z ::i Q ~ ~~ en tn ~ 2 ,,:i OD: iE ~ ~~ a: w c:( zO:" ... ~ C ...... d 5d 80 6 !l Q. NO u.. a. '" F eti ~ :;! ~ 0 ~~" ~ I~ ..J" i= ~~ w ~ I ca::E:::; ~~ ~ ~ .. CC (J <C a.. w I' ::::)C e: u '" , ~Z2 ~ Ii z:3 !5 ::ii 3~' :i ~i I~/'.\ ~ ~V- ft' .-- ,\.~} ~ , ' " ~ _ 0.. ,. I ~ } "11 ... -- <'~ ~~ ....1- /~_ , T 4 ,,-- V ~ .' ,," ... '" " -J J"!---- ,,'" ' ' , '\II l' --1 Y 1 lIlIIlIIIIIjr .v \ .... ....r~ \ J --1 ~ 1"1 l~' r,-j ~ I ~ L~ _ ~ I I, IE - ,~ )>--/ '/ ~l V . '\ , I\:;\. ~ - ' -J -,,' } 'ill ~ !~ ~ ~~ r ~TiL " , 0:>"' , - "-::::z'L!'" ' '" I '1 ;. / \:r ~" r? \'~ "Y ~w I ' I _ ---, l_ \ -, ", ' . ' ! .... ,J-" _, ~I ^ ... ~ 7Y. j ~J (i c' ~'-..---, ~ _....,. -_ . . I. /1., ~I ~'Ir' "'...... "->>II T , "_ 7-"" ~ '-" I' 1,-" -- v, -'I' ,U I A71";'(;;3'> ... ~?". ,~/ '. '" J " ""'~ I~ .t /"._~-- ~/ ~ ~101;' ,. ;;;....... u'" ~ ",-, ,~~ - ,r ,~+ ;1 ~j ~ '." . . ,...J L"" I _ ,_, A . I ~k ,if I \ c, ~" " "I I ') \ I ..... I ,j J- "" " L I ,"'- ' ~r 1\ ,) '''If'l !! _ " I i JI .' 'i' -I" I - r:::;:::;: · ~ ~ ~- ~I-'''-~ I 7J .JL~ !;< ~ ~ " !;! ::s , &. g, ~ '~o, g ! b4b '. ATTACHMENT 2 CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES Willi 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 ofthe 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 OPA 3) 4.2.2 To protect natural heritage features and functions from incompatible development. (Modification No. 173, Modification to OP A 3) 4.2.3 To enhance ecological processes, biodiversity and connections within the natural heritage system. (Modification No. 173, Modification to OP A 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) -1- b4'J " CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19 4.3 GENERAL POLICIES 4.3.1 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-Numberingonly) 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) 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. (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 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. (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 -2- b)U CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19 . significant wildlife habitat . groundwater discharge areas. (OPA 19) 4.4.3 Other natural heritage features provide support to the core components and are important to maintaining the health and biodiversity ofthe natural heritage system. These include: . unevaluated wetlands . intermittent streams . uncommon vegetation communities . small woodlots and hedgerows . 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 amendmentto this Plan. (Modification No. 173) 44.5 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 4.424 shall be required. (Modification No. 173) 4.47 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) -3 - bJI .. 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 OP A 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 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. (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 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 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. (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. (OPA 19) -4- bJL CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19 4.4.15 4.416 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 - Numbering only) 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. (OP A 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 - Numbering only) -5- b~)) CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19 4.4.24 44.25 44.26 4.4.27 Studies (OPA 19) 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 44.6. 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 ofthe 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, -6- 6J4 CONSOLIDATION OF EXISTING CLARlNGTON 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 including but not limited to, special house and infrastructure design requirements, storm water management or construction techniques. (OPA 19) 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 -7- bJ) CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19 not compatible with agriculture shall be discouraged from locating on or adjacent to lands with Class 1-3 soils. (OPA 19) 4.5.3 The removal of topsoil is prohibited except for those exemptions pursuant to the Top Soil Preservation Act (OPA 19 - Numbering only) 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. (OPA 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) 4.58 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 1 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; - 8- b~b c, CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19 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 (Modification to OP A 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: 4.5.11 . 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. (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: 4512 . 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 the date of Council approval of this Plan. (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 -9- b'Jl '. CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19 4.5. 13 4.5.14 4.5.15 4.5.16 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 OPA 3) 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 ofthis 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: 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. 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 naturalcorridors; -10 - b)O , CONSOLIDATION OF EXISTING CLARlNGTON OFFICIAL PLAN POLICIES WITH PROPOSED MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19 4.5.17 4.5.18 4.519 4.5.20 4.5.21 4.5.22 4.5.23 e) the identification of any lands which could be incorporated into a Conservation Area or improve the alignment ofthe 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) 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 OP A 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 OP A 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, R.S.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: - 11 - 6); , CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19 4524 4.6 46.1 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) 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 4.6.2 (OPA 19-Numberingonly) 4.6.3 (OPA 19-Numberingonly) 4.6.4 (OPA 19 - Numbering only) 4.6.5 (OPA 19 - Numbering only) Regulatory Shoreline Area 4.6.6 (OPA 19-Numberingonly) 4.67 (OPA 19-Numberingonly) 4.6.8 (OPA 19-Numberingonly) 4.6.9 4.6.10 4.6.11 4.6.12 4.6.13 Waste Disposal Assessment Areas (OPA 19-Numberingonly) (OPA 19 - Numbering only) (OPA 19-Numberingonly) (OPA 19 - Numbering only) Contaminated Sites (OPA 19-Numberingonly) -12- 66U , CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WIlli PROPOSED MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19 4.6.14 (OPA 19 -Numbering only) 4.6.15 (OPA 19-Numberingonly) 4.7 4.7.1 WASTE DISPOSAL SITES (OPA 19 - Numbering only) (OPA 19 - Numbering only) (OPA 19-Numberingonly) (OPA 19-Numberingonly) 47.2 4.73 4.7.4 (OPA 19 -Numbering only) 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 rewning, 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 14.21 To protect significant natural heritage features from the effects of human activity. (OPA 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) -13 - b61 , CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19 14.2.4 14.2.5 14.3 14.3.1 14.3.2 143.3 14.4. 14.4.1 14.4.2 14.4.3 14.4.4 To protect the Oak Ridges Moraine and its special ecological functions (Request OMB to approve) 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.. (OPA 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. -14- b6L , 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 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. (OPA 19 -Numbering only) OAKRIDGESMORAINEGREENWAY (OPA 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. (OPA 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 -Numberingonly) 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) - 15- 665 ~ CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH 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 subjectto Sections 4.6.7 and 4.6.8 of this Plan. (OPA 19 - Numbering Only) CHAPTER 15 AGGREGATE EXTRACTION AREAS 15.1 15.11 15.1.2 15.2 15.2.1 15.2.2 15.2.3 GOAL 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. (Modification to OP A 3) 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. (Modification to OPA 3 To provide for aggregate-related industrial uses on an interim basis which are appropriate and compatible with surrounding land uses. (Modification to OPA 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 OPA 3) 153 15.3.1 15.3.2 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. (Modification 173) 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 -16- 664 , CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19 15.3.3 153.4 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 -17 - 66J , CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19 15.3.7 153.8 15.3.9 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 Section 4.4.24, 44.25, 4.4.26, and 4.4.28 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 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 194.4; and j) any other matters deemed necessary by the Municipality or the Region to address the applicable policies of this Plan. (Modification 173) -18- b66 ,. CONSOLIDATION OF EXISTING CLARlNGTON OFFICIAL PLAN POLICIES WITH PROPOSED MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19 15.3.10 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. (Nfodijication 173) 153.11 15.3.12 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. (Nfodification 173) Rehabilitation ofIicensed 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. (Nfodification 173) -19- bbl .. 15.3.13 CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WlTII PROPOSED MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19 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 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 TRANSPORT A nON 19.4 FREEWAY 194.4 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) CHAPTER 23 IMPLEMENTA nON 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) impact on the natural environment including, where appropriate, groundwater and surface water, and the Natural Heritage System and Land Characteristics identified on Map C and Map D; (Modification No. 173) -20- b6b . CONSOLIDATION OF EXISTING CLARINGTON 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 Area as identified on Map G, any severance shall comply with Section 4.5.15 of this Plan. (Modification No. /73) CHAPTER24 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 defmitions of terms contained in this Plan are as follows: Development Means any ofthe 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 OMS to approve) -21- bb7 . 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) 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. (Jvfodification No, 173) Old Growth Woodland Means any woodland or stand, whether natural or planted, within which trees 100 years or older predominate. (Jvfodification No. 173) Plantation Shall mean a woodland or portion of a woodland in which the majority of trees have been planted. (Jvfodification 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. (Jvfodification No. 173) 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 -22- b/lJ . . ---.. . . CONSOLIDATION OF EXISTING CLARINGTON OFFICIAL PLAN POLICIES WITH PROPOSED MODIFICATION NO. 173 AND PROPOSED OFFICIAL PLAN AMENDMENT NO. 19 designated on Map A. (ModijicationNo. 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 G of the 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. (Modijication No. 173) 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 1 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) -23 - b/i l. ~ ~ . , ,. '.. , -~'~~0--1 - ;;jt:~_/ll- ~ 3 n . ~ li3 ~ '~~-, -ccrcr:1j - ~ .-~/-~ . -' 3 . o , . I -' ;,; .~~ /----i..'---':~--:.d/ , e ~'-'- Ij;: 1;; o <: :;;! ;U i3 II \_ /;/ '''-~ /e I ,. :~W Jr '-, / ) !I~j i~- ,;.4:' -~ \ ' "1/ t-- ' I \,1i /' ~ r(-;~r ) {\fi j '", ~--l:~/'" , <' / ~ '" / I~ ~ ->{ J.wl' , ~?--/~~ __ D~- 1~ , .~ ~~ L :';:o-r r! ~):J /_F- ':- i-J _ ,>' 1--,-+' ,:>: -0' ,~- f ~,~~:~~~\,i?:' /' _I,. ~ '~ / i j . 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