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HomeMy WebLinkAboutPSD-031-07 CJ€UilJglon REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 5, 2007 Report #: PSD-031-07 File#: PLN 17.9.4 By-law #: GPA -Ib~ --07. Subject: MUNICIPAL ROSTER OF CONSULTANTS FOR THE PREPARATION OF ENVIRONMENTAL IMPACT STUDIES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-031-07 be received; 2. THAT the termination date for the Roster of Consultants for the Preparation of Environmental Impact Studies, as indicated in the Attachment 3 to Report PSD-067 -04, be extended to June 30, 2008; 3. THAT the modifications to the EIS Guidelines (Attachment 2) be APPROVED; 4. THAT the Purchasing By-Law 2006-127 be WAIVED; and 5. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Reviewed by:d ~::..,~_ Franklin Wu, Chief Administrative Officer arle Marano, H.B.S.C., C.M.O. Director of Corporate Services FL *DJC*df*sh 22 February 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-031-07 PAGE 2 1.0 BACKGROUND 1.1 The purpose of this report is to extend the existing roster of consultants for Environmental Impact Studies (EIS) by one year, to June 30, 2008 and modify the EIS Guidelines in keeping with the requirement of Bill 51 regarding the definition of a "complete application". 1.2 The Clarington Official Plan requires that an Environmental Impact Study be prepared for any development application location on or adjacent to a Natural Feature identified on Map C of the Plan. The Municipality is to retain qualified professional expertise to undertake the Study, with the cost of the study to be borne by the proponent. 1.3 On October 15, 1996, Council approved the EIS Guidelines to implement the policies of the Official Plan. The Guidelines indicate that the Planning Services Department will develop and maintain a roster of consulting firms qualified to prepare Environmental Impact Studies, and that Staff will seek Council's authorization to renew the roster every three (3) years. 1.4 On June 7, 2004, Council considered Staff Report PSD-067-04 and approved the Rosters for the Preparation of Environmental Impact Studies as set out in Attachment 3 to Report PSD-067-04. The effective period for this Roster, as approved by Council, is July 1, 2004 to July 1, 2007. Council also amended the EIS Guidelines to improve the process. The existing Roster of Consultants is due to expire shortly. 1.5 The EIS Guidelines (Attachment 2) have been modified to meet the requirements of the definition of "complete application" as set out in Bill 51 and now incorporated into the Planning Act and its regulations. 2.0 REQUEST TO EXTEND THE PERIOD OF ROSTER 2.1 For reasons outlined below, Committee is being requested to extend the period of the Roster by an additional one (1) year. (i) The process to renew the Consultant Roster is fairly time consuming, requiring staff time to review Expressions of Interest from several consulting firms and to conduct interviews with a number of firms. Because of the commitment of Planning Services resources to other higher priority projects, insufficient time is available to properly undertake the process to renew the Roster of Consultants. Staff from the Ganaraska Region Conservation Authority and the Central Lake Ontario Conservation Authority are also involved in the consultant selection process. (ii) The consultants on the existing Roster have provided good service. To date, a total of nine Environmental Impact Studies have been undertaken since this Roster came into effect. In addition, 2 peer reviews were carried out. In every case, Planning Services has been pleased with the product provided. REPORT NO.: PSD-031-07 PAGE 3 (iii) The pre-qualification process is time consuming and costly for the consultants to participate. The existing contract in place with the different consultants allows for an extension. 2.2 Establishment of the roster process through the pre-qualification of consultants, is a substitution for the typical process set-out in the Purchasing By-law for the engagement of consultants. Essentially, the pre-qualification process sets aside the typical purchasing process in favour of the roster. To extend the roster for one year, the Purchasing By-law 2006-127 will have to be WAIVED. 3.0 CONCLUSIONS 3.1 A one year extension for the current Roster of Consultants for the Preparation of Environmental Impact Studies will provide more time for Planning Services Staff to complete several high priority projects. This extension would bring the termination date for the current Roster to June 30, 2008. Attachments: Attachment 1 - PSD-067 -04 Attachment 2 - EIS Guidelines Interested Parties to be notified of Council and Committee's decision ~)Central Lake Ontario Conservation Ganaraska Region Conservation Authority Will McCrae, Totten Sims Hubicki Associates Jeff Warren, Marshall Macklin Monaghan Limited David Maunder, Aquafor Beech Limited Phil Niblett, Niblett Environmental Associates Inc. LGL Limited Robert Nisbet, Environmental Research Associates David Sawicki, Morrison Environmental Limited, David Stephenson, Natural Resources Solutions Inc. Attachment 1 To Report PSD-031-07 Cl!J!..n REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 7, 2004 Report #: PSD-067-04 File #: PLN 17.9.4 By-law #: Subject: MUNICIPAL ROSTER OF CONSULTANTS FOR THE PREPARATION OF ENVIRONMENTAL IMPACT STUDIES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT report PSD-067 -04 be received; 2. THAT Council endorse the document entitled "Municipality of Clarington - Guidelines for the Preparation for the Preparation of Environmental Impact Studies", as attached to this Report as Attachment No.1; 3. THAT the Roster of Consultants for the Preparation of Environmental Impact Studies, as indicated in Attachment NO.3 of Report PSD-067-04 be approved, and remain in effect for the period from July 1, 2004 to July 1, 2007; 4. THAT Council authorize the Mayor and Clerk to sign the necessary by-laws to engage the consultants on the EIS roster; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. REPORT NO.: PSD-067-04 PAGE 2 Submitted by: Reviewed by: Franklin Wu, Chief Administrative Officer Marie Marano Director of Corporate Services FLlDJC/df 2 June 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 REPORT NO.: PSD-067-04 PAGE 3 1.0 BACKGROUND 1.1 Section 4.3.8 of the Clarington Official Plan requires that an Environmental Impact Study be prepared for any development application located on or adjacent to a Natural Feature identified on the Natural Features Map of the Official Plan. The Municipality is to retain qualified professional expertise to undertake the Study, with the cost of the Study to be borne by the developer. 1.2 The Guidelines for the Preparation of Environmental Impact Studies, was approved by Council in October 1996. Over the past eight years, many Environmental Impact Studies have been undertaken and completed. In addition, a number of development applications have been checked to determine whether an EIS would be required. Staff have reviewed and revised the Guidelines in light of these experiences and modified the Guidelines and prequalification process to improve their effectiveness. These modifications are based on the experience from working with the process, consultants and conservations authorities. Staff have also taken into consideration the comments and suggestions from consultants. In addition, a review of other municipalities best practices and processes were undertaken. Attachment #1 "Municipality of Clarington - Guidelines for the Preparation for the Preparation of Environmental Impact Studies" is the modified process staff is recommending. 1.3 The EIS Guidelines originally approved by Council in October 1996 have been revised to reflect the new process for selection of the EIS roster and to reflect what is occurring in actual practice. The major revisions that have been made to the Guidelines include: . Refinement to address preparation of a study for development of lands located within the Oak Ridges Moraine; . Clarification that an EIS is required for proposed development activity when it is within or adjacent to a natural feature; . Requiring a Steering Committee only for major applications or where deemed necessary by the Director of Planning Services; . Providing that the applicant can assist in preparing the Terms of Reference for an EIS study but clarifying that the Terms of Reference are to meet the requirements of the Planning Services Department and Conservation Authority staff; and . Requirement for a public meeting only when necessary and elimination of reporting on the findings of the EIS to Council unless the study was conducted in support of an application that would require a decision by Council. 2.0 CONSULTANT SELECTION 2.1 The Municipality issued Pre-qualifications Proposal on May 4, 2004 with submissions due May 25, 2004. A total of seven Expressions of Interest were received (see Attachment 2). This translates into 5 expressions of interest in each of the 3 categories. Some of the Expressions of Interest incorporate sub-consultants in order to provide the range of environmental expertise required by the Municipality. REPORT NO.: PSO-067-04 PA.GE 4 2.2 In consultation with the Manager of Purchasing and staff from Central Lake Ontario Conservation Authority and Ganaraska Region Conservation Authority, Planning staff reviewed all submissions. As a result of the review, the firms listed in Attachment 3 are recommended for inclusion on the Municipality's Roster of Consultants for the Preparation of Environmental Impact Studies in the three categories of Terrestrial Resources, Earth Sciences and Hydrogeology Resources; and Aquatics and Fishery Resources. 2.3 Based on the review committee's experience with the firms the interview process was waived. The Review Committee evaluated the consulting firms based on the evaluation criteria as set out in the proposal call. The recommended consultants are set out for each category of EIS in Attachment 3 and listed in order based on the points received for each submission. The top 3 consultants for each category are the EIS roster for that specific area of study and will be approach~d in the order listed, if the higher listed firm does not have time available to do the study or has a conflict of interest, the next firm on the list will be approached. 3.0 CONCLUSION 3.1 Subject to Council's approval, the Roster of Consultants will come into effect immediately and remain in effect until June 30,2007. 3.2 A competitive bid process was used for the selection of the firms and the Expressions of Interest included hourly rates, which are in force for the term of the Roster as set out in the proposal call and contract. This process complies with Purchasing By-law #94-129, in that a competitive bid process was part of the review and evaluation along with the qualifications of the firms previous related experience, knowledge of Clarington and OMB experience. 3.3 By-laws appointing the Mayor and Clerk to sign standard agreements with all the consultants on the Roster are attached to streamline the process over the life of the Roster. Attachments: Attachment 1 - "Municipality of Clarington - Guidelines for the Preparation for the Preparation of Environmental impact Studies", Attachment 2 - Expressions of Interest Received Attachment 3 - EIS Roster by area of expertise Attachment 4 - By-laws for the EIS roster consultants REPORT NO.: PSD-067-04 PAGE 5 Interested parties to be notified of Council and Committee's decision: Ms. Lisa Backus Central Lake Ontario Conservation 100 Whiting Avenue Oshawa, ON L 1 H 3T3 Mr. Rob Franklin, Planner Ganaraska Region Conservation Authority P.O. Box 328 Port Hope, ON L 1A 3W4 Totten Sims Hubicki Associates 513 Division Street Cobourg, ON, K9A 5G6 Attention: Will McCrae Marshall Macklin Monaghan Limited 80 Commerce Valley Dr. East Thornhill, ON L3T 7N4 Attention: Jeff Warren Aquafor Beech Limited 14 Abacus Road Brampton, ON L6T 587 Attention: David Maunder Niblett Environmental Associates Inc. 1484 Highway lA, P.O Box 160 Bethany, ON LOA 1AO Attention: Phil Niblett LGL Limited Environmental Research Associates 22 Fisher Street King City, ON L7B 1A6 Attention: Robert Nisbet :\l1orriso~1 Environmenta! Limited, 1087 Meyerside Drive, Unit 1 Mississauga, ON L5T 1M5 Attention: David Sawicki Natural Resources Solutions Inc. 50 Westmount Road, Unit 230 Waterloo, ON N2L 2R5 Attention: David Stephenson ATTACHMENT 1 MUNICIPALITY OF CLARINGTON GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL STUDIES IN ACCORDANCE WITH REQUIREMENTS OF THE CLARINGTON OFFICIAL PLAN 1.0 INTRODUCTION AND OVERVIEW The Natural Heritage System Maps of the Municipality of Clarington Official Plan identifies the location of known permanent cold and warm water streams, wetlands, significant woodlands, significant valleylands, Areas of Natural and Scientific Interest, other natural heritage features, and the Oak Ridges Moraine and Lake Iroquois Beach. rhapter 4 nf tho f"'ltfi"j<> I DI<>n r"oquir"es that envir"onmental ",h 'd'l~s h~ ~ondu^~~d ~.:~. ~~ '-' v, . 'v '-' II '-"U I , I<A' 'v " II IL i:lLU v Uv v I "'Lv ~IIUI lU consideration of development within or adjacent to features of the natural heritage system. The purpose of these Guidelines is to set out a process for the implementation of these studies. Section 23.9 of the Official Plan requires a study to be prepared prior to development of existing lots on the Oak Ridges Moraine if the lot is within 120 metres from a natural heritage feature (Official Plan Amendment #33 - when approved). 2.0 PREPARATION OF ENVIRONMENTAL STUDIES 2.1 Determination of Need for a Study 2.1. i A study shall be required when development is located within or adjacent to a natural heritage feature. The natural heritage feature may be identified on the Natural Heritage System Maps contained within of the Official Plan or it may be identified during review of an application for development. 2.1.2 When initially considering development, the landowner should consult with the Planning Services Department to determine if a study.needs to be prepared. 2.1.3 Planning Services Department Staff will determine if the area subject to the proposed for development is located within or adjacent to any of the natura! heritage features identified on the Natural Heritage System Maps contained within of the Official Plan. Planning Services Department Staff will consult with Staff of the relevant Conservation Authority, if necessary, to determine the need for a study. The following matters shall be considered in this regard: o The extent and nature of the proposed development; o The significance and sensitivity of the natural heritage feature; o If the proposed development is located on the Oak Ridges Moraine; and o Opportunity for mitigative measures to be identified and implemented through other approval processes. 2.1.4 Unless otherwise defined in Table 4-1 of the Official Plan, the lands subject to proposed for development shall be considered as being adjacent to a natural heritage feature if the area subject to development subject lands are located within: o 120 metres of the edge of a wetland or wetland complex; o 120 metres of the edge of a tableland woodlot; o 120 metres of the top of bank of the valley for a cold water or warm water stream; o 120 metres of the edge of an Area of Natural and Scientific Interest; o 25 metres of the edge of the Lake Iroquois Beach. 2.1.5 If the review of the proposed development by Planning Services Department Staff indicates that a study pursuant to Chapter 4 of the Official Plan is required, the Planning Services Department shall notify the applicant in writing: o to advise that a study pursuant to Chapter 4 of the Official Plan is required; o to advise of the process for preparing a the study; o to request the applicant to submit a letter to the Planning Services Department advising of their willingness to participate in and fund the preparation of a the study; o to advise that Planning Services Department Staff, in consultation with the relevant Conservation Authority and other agencies as appropriate, will require a Terms of Reference for the study; o to advise the applicant that to facilitate advancing the process the applicant and their consulting planner can draft a Terms of Reference for review, modification and approval by the Planning Services Department; o to advise of the matters that will be taken into consideration in the preparation of the Terms of Reference, including: · the matters outlined in Chapter 4 of the Official Plan; · the extent and nature of the proposed development; · the need for a scoped/site-specific or comprehensive study; · the need for a four-season study. o to advise that the Planning Services Department shall retain a consultant to undertake a study in accordance with Section 4.2 of these Guidelines. o to advise that if a study is not prepared for the development, the Planning Services Department will recommend to the appropriate approval authority that the development not be approved. 2.1.6 If the review of the proposed development by Planning Services Department Staff indicates that a study is required pursuant to Section 23.9 of the Official Plan, the Planning Services Department shall notify the appiicant in writing of the need for the study and address the same matters as set out in Section 2.15 above, with the exception that the applicant will be required to select and retain the consultant to undertake the study. 2.1.7 The Planning Services Department shall retain a consultant to undertake a study in accordance with Section 4.2 of these Guidelines with the following exceptions: o Existing lots of record on the ORM where an individual house is being proposed, or o an addition to an existing house within the ORM. I n these cases the landowner may select a suitable qualified consultant. 2.2 Steering Committee 2.2.1 For major development applications or where otherwise deemed appropriate by the Director of Planning Services, a Steering Committee shall be created to administer the preparation of the study identified in Section 2.1.65 of these Guidelines. The Steering Committee will be comprised as follows: o Clarington Planning Services staff; . o Clarington Public Works staff (if necessary/appropriate); o Durham Region Planning staff (if necessary/appropriate); o Conservation Authority staff; o developer representative; o citizen representative (if necessary/appropriate). Planning Services staff will contact a citizens' group, the residents in the area of the development application, and/or any other groups in order to identify an appropriate citizen representative to sit on the Steering Committee. Appointment to the Steering Committee is at the discretion of the Director of Planning Services. 2.2.2 The Steering Committee shall review the consultant's reports and provide constructive comments and input to assist the consultant in finalizing the study. 2.2.3 Every effort will be made to help the members of the Steering Committee reach a consensus regarding the consultant's reports. However, in the event of a disagreement between or among the members of the Steering Committee regarding the consultant's report, the final decision shall rest with Clari~gton Planning Services Staff. 2.2.4 Section 2.2 of these guidelines is not applicable for studies undertaken in accordance with Section 23.9 of the Official Plan. 2.3 Public Participation 2.3.1 For major development applications or where otherwise deemed appropriate by the Director of Planning Services, a Public Information Centre will be held after the submission of the first draft of the study. The purpose of the Information Centre will be to present and explain the study to the public, and to receive the public's comments on the study. 2.3.2 The Public Information Centre will be attended by the consultant and appropriate staff from the Municipality of Clarington. 2.3.3 Notice of the Public Information Centre will be advertised in appropriate newspapers and mailed to all persons on the Notification List for the subject development applications, a minimum of two weeks prior to the Public Information Centre. 2.3.4 The Public Information Centre will be held on a weekday evening at a location within or as close to the affected community the lands subject of the development application as possible. 2.3.5 Section 2.3 of these guidelines is not applicable for studies undertaken in accordance with Section 23.9 of the Official Plan. 2.4. Study Findings and ReportinQ to Council 2.4.1 The consultant's final report shall address the requirements of Chapter 4 of the Official Plan, assess whether the development proposed would have an unacceptable impact on the natural heritage feature or its ecological functions, and make recommendations regarding measures to implement the findings of the study. Recommended measures may include: . o modifications to the proposed development, including the identification of areas to be preserved in their natural state; o engineering techniques; o conditions of draft approval for a proposed plan of subdivision; o conditions of site plan approval; o specific policies and/or designations in the Official Plan; o specific provisions in the implementing zoning by-law; o monitoring programs; o construction techniques and management. 2.4.2 If a study is prepared in association with an application for Official Plan Amendment, Rezoning, Plan of Subdivision or Plan of Condominium, then the findings of the study shall be documented within a recommendation report for the subject application to be presented at a regular meeting of the General Purpose and Administration Committee. 2.4.3 If needed, the consultant may be required to make a presentation on the findings of the study at a regular meeting of the General Purpose and Administration Committee. 2.4.4 Notice of the presentation will be mailed to all persons on the Notification List a minimum of two weeks prior to the meeting. This provision is not applicable for studies undertaken in accordance with Section 23.9 of the Official Plan. 3.0 3.1 3.2 3.3 3.4 4.0 4.1 4.1.1 STUDY FUNDING The developer shall be responsible for the full cost of the study, including consultant's costs, the advertising of notices, rental of meeting rooms, but excluding Municipal Staff costs. At such time as a consulting firm has been selected to undertake the study and a cost for the entire study has been determined, the applicant shall provide funding for an amount equal to the full cost of the study. A contract between the Municipality and the consulting firm to undertake the study shall not be finalized until such time as the necessary funding for the entire study has been secu red. Items 3.2 and 3.3 of these Guidelines are not applicable for studies undertaken in accordance with Section 23.9 of the Official Plan. CONSULTANT SELECTION Developing a List of Consultants The Planning Services Department will develop and maintain a roster of qualified firms or consulting teams to prepare the studies. Only those consultants on the roster will be contacted by the Municipality to submit proposals for the preparation of individual studies. 4.1.2 The Municipality, in consultation with the Central Lake Ontario Conservation Authority and the Ganaraska Region Conservation Authority, will request a number of qualified consulting firms to submit Expressions of Interest or Prequalifications. The consulting firms will be requested to indicate the following: o qualified personnel within each of the major environmental disciplines (Earth Science and Hydrogeology; Terrestrial Resources; and Aquatic and Fishery Resources ); o sub-consultants; o ratio of time/rates per hour anticipated to be spent on a study for each member of the consulting team; o capability to assist the Municipality in developing and maintaining environmental information in a GIS environment; o capability to communicate the results of their studies. 4.1.3 The Planning Services Department will review the Expressions of Interest or Prequalifications in consultation with the Conservation Authorities and the Municipality of Clarington Manager of Purchasing. On the basis of this review, Staff will recommend to Council the selection of three consulting firms for each area of discipline. These firms will comprise the Municipality's roster. The Municipality will renew the list every three years or as required (eg. key personnelleav!ng one of the consulting firms). 4.1.4 Upon approval by Council of the EIS roster, by-laws will be passed authorizing the Mayor and Clerk to execute contracts with the firms listed on the roster. 4.2 Selecting a Consultant for Individual Studies 4.2.1 When Staff determines that a study is required, the Planning Services Department in consultation with the Conservation Authority, will determine the key area of environmental discipline to be studied, and then from the roster determine which firm or consulting team will be invited to submit a proposal. 4.2.2 Planning Services Department Staff and staff from the appropriate Conservation Authority will review the proposal submitted by the consultant and, on the basis of this review, will recommend that the study proceed. If the selected consultant declines, or the proposal i.s not acceptable, the Planning Services Department will offer the next team on the roster the opportunity to undertake the study. 4.2.3 The Director of Planning Services is authorized to approve a specific study proposal by a consultant on the roster provided that funding to cover the full costs of the study has been provided by the applicant. ATTACHMENT 2 EIS Pre-Qualifications Proposal - Firms Submitting and Categories o Totten Sims Hubicki Associates, 513 Division Street, Cobourg, ON, K9A 5G6 With Morrison Environmental Limited Earlh Sciences and Hydrogeology Resources o Marshall Macklin Monaghan Limited, 80 Commerce Valley Dr. East, Thornhill, ON, L3T 7N4 Earlh Sciences and Hydrogeology Resources, Aquatic and Fishery Resources, Terrestrial Resources o Aquafor Beech Limited, 14 Abacus Road, Brampton, ON, L6T 5B7 Earth Sciences and Hydrogeology Resources, Aquatic and Fishery Resources, Terrestrial Resources o Niblett Environmental Associates Inc., 1484 Highway 7A, P.O Box 160, Bethany, ON, LOA 1AO with Geo-Logic Inc. Earth Sciences and Hydrogeology Resources, Aquatic and Fishery Resources, Terrestrial Resources o LGL Limited, Environmental Research Associates, 22 Fisher Street, King City, ON, L 78 1 A6 Aquatic and Fishery Resources, Terrestrial Resources o Morrison Environmental Limited,1087 Meyerside Drive, Unit 1, Mississauga, ON, L5T 1 M5 Earth Sciences and Hydrogeology Resources o Natural Resources Solutions Inc., 50 Westmount Road, Unit 230, Waterloo, ON, N2L 2R5 Aquatic and Fishery Resources, Terrestrial Resources ATTACHMENT 3 Municipality's Roster of Consultants for EIS (Environment Impact Studies) based on the categories of specialty set out in the proposal call. Earth Science and Hydrogeology Resources* 1. Aquafor Beech Limited 2. Totten Sims Hubicki (TSH) with Morrison 3. Marshall Macklin Monaghan Limited (MMM) Terrestrial Resources* 1. Aquafor Beech Limited 2. Niblett Environmental Associates 3. Marshall Macklin Monahan Aquatic and Fishery Resources* 1. Niblett Environmental Associates 2. Aquafor Beech Limited 3. LGL Limited, Environmental Research Associates * Wetlands may fall into any of the three categories (the areas of specialty) and will be determined during the preparation of the terms of reference. !-\ I I AL.,HIVICN I 4 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Totten Sims Hubicki Associates, 513 Division Street, Cobourg, ON, K9A 5G6 to enter into an agreement for consulting services for the Environmental Impact Studies Roster in the area of Earth Sciences and Hydrogeology Resources as per their proposal of May 25, 2004 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1 . THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Totten Sims Hubicki Associates, Cobourg, Ontario, and said Corporation. By-law read a first and second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 John Mutton, Mayor Patti L. Barrie, Municipai Cierk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- being a By-law to authorize a contract betvlieen the Corporation of the Municipality of Clarington and Marshall Macklin Monaghan Limited, 80 Commerce Valley Dr. East, Thornhill ON, l3T 7N4 to enter into an agreement for consulting services for the Environmental Impact Studies Roster in the area of Earth Sciences and Hydrogeology Resources, and Terrestrial Resources as per their proposal of May 25, 2004 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Marshall Macklin Monaghan Limited, Thornhill, Ontario, and said Corporation. By-law read a first and second time this day of 2004 BY -lAW read a third time and finally passed this day of 2004 John Mutton, Mayor Patti L. Barrie, Municipal Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Aquafor Beech Limited, 14 Abacus Road, Brampton, ON, L6T 5B7 to enter into an agreement for consulting services for the Environmental Impact Studies Roster I the area of Earth Sciences and Hydrogeology Resources, Terrestrial Resources, and Aquatic and Fishery Resources as per their proposal of May 25, 2004 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY' ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Aquafor Beech Limited, Brampton, Ontario, and said Corporation. By-law read a first and second time this day of 2004 BY -LAW read a third time and finally passed this day of 2004 John Mutton, Mayor Patti L. Barrie, Municipal Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- being a By-law to authorize a contract ber,veen the Corporation of the Municipality of Clarington and Niblett Environmental Associates Inc., 1484 Highway 7A, P.O Box 160, Bethany, ON, LOA 1AO to enter into an agreement for consulting services for the Environmental Impact Studies Roster in the area of Terrestrial Resources Aquatic and Fishery Resources as per their proposal of May 20,2004 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Niblett Environmental Associates Inc., Bethany, Ontario, and said Corporation. By-law read a first and second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 John Mutton, Mayor Patti L. Barrie, Municipal Clerk THE CORPORATION OF THE MUNICIPALITY OF GlARINGTON BY-lAW 2004- being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and LGL Limited, Environmental Research Associates, 22 Fisher Street, King City, ON, L7B 1A6 to enter into an agr~ement for consulting services for the Environmental Impact Studies Roster in the area of Aquatic and Fishery Resources as pertheir proposal of May 25,2004 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, LGL Limited, Environmental Research Associates, King City, Ontario, and said Corporation. By-law read a first and second time this day of 2004 BY -LAW read a third time and finally passed this day of 2004 John Mutton, Mayor Patti L. Barrie, Municipal Clerk Attachment 2 To Report PSD-031-07 MUNICIPALITY OF CLARINGTON GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL STUDIES IN ACCORDANCE WITH REQUIREMENTS OF THE CLARINGTON OFFICIAL PLAN 1.0 INTRODUCTION AND OVERVIEW The Natural Heritage System Maps of the Municipality of Clarington Official Plan identify the location of known permanent cold and warm water streams, wetlands, significant woodlands, significant valleylands, Areas of Natural and Scientific Interest, other natural heritage features, and the Oak Ridges Moraine and Lake Iroquois Beach. Chapter 4 of the Official Plan requires that environmental impact studies be conducted prior to consideration of any proposed development within or adjacent to features of the natural heritage system. The purpose of these Guidelines is to set out a process for the implementation of these studies. Section 23.9 of the Official Plan requires a study (Natural Heritage Evaluation of Hydrological Evaluation) to be prepared prior to development of existing lots on the Oak Ridges Moraine if the lot is within the minimum area of influence from a natural heritage feature). The policies regarding these studies are contained in the Official Plan sections 4.4.42 and 4.4.43 respectively. 2.0 PREPARATION OF ENVIRONMENTAL IMPACT STUDIES 2.1 Determination of Need for a Study 2.1.1 A study shall be required when a proposed development is located within or adjacent to a natural heritage feature. The natural heritage feature may be identified on the Natural Heritage System Maps contained within the Official Plan or it may be identified during pre-consultation with a proponent for a proposed development. 2.1.2 When initially considering a proposed development, the landowner should consult with the Planning Services Department to determine if a study needs to be prepared. The definition of a "complete application" will be as per the most recent version of the Planning Act or regulations. 2.1.3 Planning Services Department Staff will determine if the area subject to the proposed development is located within or adjacent to any of the natural heritage features identified on the Natural Heritage System Maps (Maps C and D) contained within the Official Plan. Planning Services Department Staff will consult with Staff of the relevant Conservation Authority, if necessary, to determine the need for a study. The following matters shall be considered in this regard: o The extent and nature of the proposed development; o The significance and sensitivity of the natural heritage feature; o If the proposed development is located on the Oak Ridges Moraine; and o Opportunity for mitigative measures to be identified and implemented through other approval processes. 2.1.4 Unless otherwise defined in Table 4-1 of the Official Plan, the lands subject to proposed development shall be considered as being adjacent to a natural heritage feature if the area subject to a proposed development is located within: o 120 metres of the edge of a wetland or wetland complex; o 120 metres of the edge of a tableland woodlot; o 120 metres of the top of bank of the valley for a cold water or warm water stream; o 120 metres of the edge of an Area of Natural and Scientific Interest; o 25 metres of the edge of the Lake Iroquois Beach. 2.1.5 If the review of the proposed development by Planning Services Department Staff indicates that a study pursuant to Chapter 4 of the Official Plan is required, the Planning Services Department shall notify the proponent in writing: o to advise that a study pursuant to Chapter 4 of the Official Plan is required; o to advise of the process for preparing-the study; o to request the applicant to submit a letter to the Planning Services Department advising of their willingness to participate in and fund the preparation of the study; o to advise that Planning Services Department Staff, in consultation with the relevant Conservation Authority and other agencies as appropriate, will require a Terms of Reference for the study; o to advise the proponent that, to facilitate advancing the process, the proponent and their consulting planner should draft a Terms of Reference for review, modification and approval by the Planning Services Department and the applicable Conservation Authority; o to advise of the matters to be taken into consideration in the preparation of the Terms of Reference, including: · the matters outlined in Chapter 4 of the Official Plan; · the extent and nature of the proposed development; · the need for a scoped/site-specific or comprehensive study; · the need for a four-season study. o to advise that the Planning Services Department shall retain a consultant to undertake a study in accordance with Section 4.2 of these Guidelines. o in the absence of a specific definition of a "complete application" in the Official Plan, the Planning Services Department will consider the EIS requirement portion of an application "complete" when the funding for the EIS has been accepted by the Planning Services Department for the full cost of the EIS study, to allow the application to proceed through the process. 2.1.6 Except as provided for in Section 2.1.7 of these Guidelines, the Planning Services Department shall retain a consultant to undertake a study in accordance with Section 4.2 of these Guidelines. 2.1.7 The proponent will be required to select and retain the consultant to undertake the study: o If the review of the proposed development by Planning Services Department Staff indicates that a study is required pursuant to Section 23.9 of the Official Plan (Existing Lots), o If a single house is being proposed on an existing lot of record on the aRM; or o If an addition to an existing house is proposed within the aRM; or o If accessory uses are proposed to a legally permitted existing house on the aRM. The Planning Services Department shall notify the-proponent in writing of the need for the study and that the study shall address the same matters as set out in Section 2.1.5 above. 2.2 Steering Committee 2.2.1 For major development applications or where otherwise deemed appropriate by the Director of Planning Services, a Steering Committee shall be created to administer the preparation of the study identified in Section 2.1.5 of these Guidelines. The Steering Committee will be comprised of any combination of representatives from the following agencies/departments: o Clarington Planning Services staff; o Clarington Engineering Services staff (if necessary/appropriate); o Durham Region Planning staff (if necessary/appropriate); o Conservation Authority staff; o developer representative; o citizen representative (if necessary/appropriate). Planning Services staff will contact a citizens' group, the residents in the area of the proposed development application, and/or any other groups in order to identify an appropriate citizen representative to sit on the Steering Committee. Appointment to the Steering Committee is at the discretion of the Director of Planning Services. 2.2.2 The Steering Committee shall review the consultant's reports and provide constructive comments and input to assist the consultant in finalizing the study. 2.2.3 Every effort will be made to help the members of the Steering Committee reach a consensus regarding the consultant's reports. However, in the event of a disagreement between or among the members of the Steering Committee regarding the consultant's report, the final decision shall rest with Clarington Planning Services Staff. 2.2.4 Section 2.2 of these guidelines is not applicable for studies undertaken in accordance with Section 23.9 of the Official Plan. 2.3 Public Participation 2.3.1 For major proposed development applications or where otherwise deemed appropriate by the Director of Planning Services, a Public Information Centre will be held after the submission of the first draft of the study. The purpose of the Information Centre will be to present and explain the study to the public, and to receive the public's comments on the study. 2.3.2 The Public Information Centre will be attended by the consultant and appropriate staff from the Municipality of Clarington. 2.3.3 Notice of the Public Information Centre will be advertised in appropriate newspapers and mailed to all persons on the Notification List for the subject proposed development applications, a minimum of two weeks prior to the Public Information Centre. 2.3.4 The Public Information Centre will be held on a weekday evening at a location within or as close to the lands subject of the proposed development proposal as possible. 2.3.5 Section 2.3 of these guidelines is not applicable for studies undertaken in accordance with Section 23.9 of the Official Plan. 2.4 Study Findings and Reporting to Council 2.4.1 The consultant's final report shall address the requirements of Chapter 4 of the Official Plan, assess whether the proposed development proposed would have an unacceptable impact on the natural heritage feature or its ecological functions, and make recommendations regarding measures to implement the findings of the study. Recommended measures may include: o modifications to the proposed development, including the identification of areas to be preserved in their natural state; o engineering techniques; o conditions of draft approval for a proposed plan of subdivision; o conditions of site plan approval; o specific policies and/or designations in the Official Plan; o specific provisions in the implementing Zoning By-law; o monitoring programs; and, o construction techniques and management. 2.4.2 If a study is prepared in support of an application for Official Plan Amendment, Rezoning, Plan of Subdivision or Plan of Condominium, then the findings of the study shall be documented within a recommendation report for the subject application to be presented at a regular meeting of the General Purpose and Administration Committee. 2.4.3 If needed, the consultant may be required to make a presentation on the findings of the study at a regular meeting of the General Purpose and Administration Committee. 2.4.4 Notice of the presentation will be mailed to all persons on the Notification List a minimum of two weeks prior to the meeting. This provision is not applicable for studies undertaken in accordance with Section 23.9 of the Official Plan. 3.0 STUDY FUNDING 3.1 The proponent shall be responsible for the full cost of the study, including consultant's costs, the advertising of notices, rental of meeting rooms, but excluding Municipal Staff costs. 3.2 At such time as a consulting firm has been selected to undertake the study and a cost for the entire study has been determined, the applicant shall provide funding for an amount equal to the full cost of the study. 3.3 A contract between the Municipality and the consulting firm to undertake the study shall not be finalized until such time as the necessary funding for the entire study has been secured. 3.4 Items 3.2 and 3.3 of these Guidelines are not applicable for studies undertaken In accordance with Section 23.9 of the Official Plan. 4.0 CONSULTANT SELECTION 4.1 Developing a List of Consultants 4.1.1 The Planning Services Department will develop and maintain a roster of qualified firms or consulting teams to prepare the studies. Only those consultants on the roster will be contacted by the Municipality to submit proposal for the preparation of individual studies. 4.1.2 The Municipality, in consultation with the Central Lake Ontario Conservation Authority and the Ganaraska Region Conservation Authority, will request a number of qualified consulting firms to submit Expressions of Interest or Pre-qualifications. The consulting firms will be requested to indicate the following: o qualified personnel within each of the major environmental disciplines (Earth Science and Hydrogeology; Terrestrial Resources; and Aquatic and Fishery Resources); o sub-consultants; o ratio of time/rates per hour anticipated to be spent on a study for each member of the consulting team; o capability to assist the Municipality in developing and maintaining environmental information in a GIS environment; o capability to communicate the results of their studies. 4.1.3 The Planning Services Department will review the Expressions of Interest or Pre- qualifications in consultation with the Conservation Authorities and the Municipality of Clarington Manager of Purchasing. On the basis of this review, Staff will recommend to Council the selection of three consulting firms for each area of discipline. These firms will comprise the Municipality's roster. The Municipality will renew the list every three years or as required (eg. key personnel leaving one of the consulting firms). 4.1.4 Upon approval by Council of the EIS roster, by-laws will be passed authorizing the Mayor and Clerk to execute contracts with the firms listed on the roster. 4.2 Selecting a Consultant for Individual Studies 4.2.1 When Staff determines that a study is required, the Planning Services Department in consultation with the Conservation Authority, will determine the key area of environmental discipline to be studied, and then from the roster determine which firm or consulting team will be invited to submit a proposal. 4.2.2 Planning Services Department Staff and staff from the appropriate Conservation Authority will review the proposal submitted by the consultant and, on the basis of this review, will recommend that the study proceed. If the selected consultant declines, or the proposal is not acceptable, the Planning Services Department will offer the next team on the roster the opportunity to undertake the study. 4.2.3 The Director of Planning Services is authorized to approve a specific study proposal by a consultant on the roster provided that funding to cover the full costs of the study has been provided by the applicant.