HomeMy WebLinkAboutBy-law 7907/22By-law No. 7907/22
By-law will be in effect upon the end of the appeal period process.
By-law passed on February 28, 2022
Deadline for appeals March 31, 2022
By-law in full force and effect upon issuance of the affidavit provided
no appeals have been received.
The Corporation of the City of Pickering
By-law No. 7907/22
Being a by-law to adopt Amendment 35 to the Official Plan for
the City of Pickering (OPA 19-003/P)
Whereas pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(22) and 21(1),
the Council of the Corporation of the City of Pickering may by by-law adopt amendments to
the Official Plan for the City of Pickering;
Whereas pursuant to Section 17(10) of the Planning Act, the Minister of Municipal Affairs and
Housing has by order authorized Regional Council to pass a by-law to exempt proposed area
municipal official plan amendments from its approval;
Whereas the Planning Act identifies the protection of ecological systems, including natural areas,
features and functions as a matter of Provincial interest, and the Provincial Policy Statement 2020
requires that the long term ecological function and biodiversity of natural heritage systems should
be maintained, restored or enhanced where possible;
Whereas the Region has advised that, in accordance with By-law 11-2000, Amendment 35 to
the City of Pickering Official Plan is exempt from Regional approval;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1.That Amendment 35 to the Official Plan for the City of Pickering, attached hereto as
Exhibit “A”, is hereby adopted;
2.That the City Clerk is hereby authorized and directed to forward to the Regional
Municipality of Durham the documentation required by Procedure: Area Municipal
Official Plans and Amendments;
3.This By-law shall come into force and take effect on the day of the final passing hereof.
By-law passed this 28 day of February, 2022.
________________________________
David Ryan, Mayor
________________________________
Susan Cassel, City Clerk
Original Signed By:
Original Signed By:
Exhibit “A” to By-law 7907/22
Amendment 35
to the City of Pickering Official Plan
Amendment 35 to the Pickering Official Plan
Purpose: The purpose of this Amendment is to add new policies to and change existing
policies in the Pickering Official Plan with regard to ecosystem loss and
compensation.
Location: The Amendment applies City-wide.
Basis: There is a strong policy framework in Ontario to protect and expand the natural
heritage system. The Planning Act identifies the protection of ecological
systems, including natural areas, features and functions as a matter of
Provincial interest. Similarly, the Provincial Policy Statement requires that the
long-term ecological function and biodiversity of natural heritage systems
should be maintained, restored or enhanced where possible.
The natural heritage system and features continue to be compromised or lost
through development and the effects of climate change.
Embedding the principle of ecosystem compensation (where all options for
protection have been exhausted) in the Pickering Official Plan will provide a
stronger basis for collaboration between parties and achieves a consistent and
transparent approach to compensation through the implementation of approved
development proposals.
The compensation will enable the replanting, restoration and/or enhancement
of the natural heritage system.
Actual The City of Pickering Official Plan is hereby amended by:
Amendment:
(New text is shown as underlined text, deleted text is shown as strikeout text, and retained text
is shown as unchanged text.)
1. Revising Section 10.12, Key Natural and Key Hydrologic Features, in Chapter 10 –
Resource Management, by deleting “and” at the end of subsection (d); deleting the
period “.”and adding “; and” at the end of subsection (e); and adding new subsections (f)
and (g) to read as follows:
“10.12 City Council recognizes the significance and sensitivity of key natural
heritage and key hydrologic features and their inter-related systems of
water resources, biotic habitat, natural and cultural heritage, and landform;
accordingly, Council shall:
(a) to (c) …;
(d) …; and
(e) ….; and
Amendment 35 to the Pickering Official Plan Page 2
(f) require compensation for the loss of ecosystem functions due to
development impacts, after all other options for protection,
minimization and mitigation have been exhausted, in accordance
with the relevant conservation authority’s guideline for determining
ecosystem compensation, with the exception of tree removal that
falls under the purview of the City’s Tree Removal Compensation
Fee, where applicable; and
(g) not require ecosystem compensation in accordance with
Section 10.12 (f) of this Plan in the following circumstances:
(i) within the relevant conservation authority’s regulatory
jurisdiction where removal of regulated features and/or
ecosystem functions has previously been determined as part
of a zoning by-law amendment, or draft plan of subdivision, or
draft plan of condominium, or site plan, approved under the
Planning Act, and where compensation for the loss of the
features and/or ecosystem functions has already been
determined in accordance with an approved master
environmental servicing plan, environmental assessment or
environmental report, prior to the adoption of this Amendment;
or
(ii) outside of the relevant conservation authority’s regulatory
jurisdiction where compensation for the loss of non-regulated
features and/or ecosystem functions has been determined in
accordance with an approved master environmental servicing
plan, environmental assessment or environmental report; or
(iii) where compensation for the loss of non-regulated features
and/or ecosystem functions has previously been determined
as part of Amendment 22 to the Pickering Official Plan and the
Seaton Master Environmental Servicing Plan.
Implementation: The provisions set forth in the City of Pickering Official Plan, as amended,
regarding the implementation of the Plan shall apply in regard to this
Amendment. In light of the numerous components of the Official Plan that
are being revised concurrently, the numbering of the policy sections in this
amendment is subject to change in accordance with the sequencing of
approvals.
Interpretation: The provisions set forth in the City of Pickering Official Plan as amended,
regarding the interpretation of the Plan shall apply in regard to this
Amendment, except as revised by this amendment.
Cross Reference:
OPA 19-003/P
City Initiated