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HomeMy WebLinkAboutADMIN 50-83(ro0 a7' CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO LI C 3A6 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING HELD NOVEMBER 7 1983 ADMIN. 50 - 83 SUBJECT: SUBMISSION TO THE FLOOD PLAIN REVIEW COMMITTEE ON THE 20TH OF OCTOBER 1983 RECOMMENDATION: 1. That this report and the attached material be received for information. BACKGROUND AND COMMENT: TELEPHONE 623-3379 In accordance with Council wishes, a presentation was made to the Flood Plain Review Committee on October 20th at the Red Carpet Inn in Lindsay. I have attached a copy of the submission for Council's information. I have also attached the six policies that were enunciated in the Flood Plain Criteria Policy Statement Guideline that was issued by the Province of Ontario in September of 1982. For Council's information, it should be noted that the meeting in Lindsay was well attended with lengthy briefs being submitted by a number of Conservation Authorities. The seven -man panel chaired by Mr. J. Taylor, M.P.P., Prince Edward County was comprised of representatives from both the municipal and private sector. While the approach in terms of presentation varied from organization to organization, I believe our brief was quite compatible with the views that were expressed in the Region of Durham presentation. It is, of course, very difficult to determine the nature and scope of the recommendations that the Committee will make back to the Minister of Natural Resources. Given the comments made by the Chairman and other members of the Committee, it is most likely that they will be recommending a relaxation of some of the policies with respect to Flood Plain matters. .2 WA ADMIN. 50 - 83 If the Minister, upon receiving the report from the Committee, decides to alter the policies and provides a further opportunity for comment, it is my recommendation that the Town of Newcastle take advantage of such an opportunity. Respectfully submitted, DSJ:nof David 4ohnston, Chief Administrative Officer att. FLOOD PLAIN CRITERIA: A POLICY STATEMENT OF THE GOVERNMENT OF ONTARIO POLICY NO. 1: THE REGULATORY FLOOD FOR DESIGNATION OF FLOOD PLAINS IN ONTARIO IS DEFINED AS THE REGIONAL FLOOD OR THE 100-YEAR FLOOD, WHICHEVER IS GREATER. POLICY NO. 2: CONSERVATION AUTHORITIES IN ONTARIO, OR WHERE NO AUTHORITY EXISTS, THE MINISTRY OF NATURAL RESOURCES IN CO-OPERATION WITH THE WATERSHED MUNICIPALITIES, HAVE THE OPTION OF SELECTIVE APPLICATION OF THE TWO -ZONE FLOODWAY-FLOOD FRINGE CONCEPT; THE FLOODWAY IS TO BE BASED ON THE MINIMUM OF THE 100-YEAR FLOOD FOR THOSE AREAS WHERE THE TWO -ZONE CONCEPT IS ADOPTED; DEVELOPMENT OF THE FLOOD FRINGE IS TO BE PROTECTED TO THE LEVEL OF THE REGULATORY FLOOD BY SUITABLE FLOOD DAMAGE REDUCTION MEASURES. POLICY NO. 3: WHERE STRICT APPLICATION OF POLICIES 1 AND/OR 2 IS NOT FEASIBLE, THE CONCEPT OF SPECIAL POLICY AREAS WITHIN FLOOD PLAINS IS RECOGNIZED AND CONTROLLED DEVELOPMENT MAY BE PERMITTED, ONCE SUCH AREAS ARE DESIGNATED AND APPROVED BY THE CONSERVATION AUTHORITY AND THE MINISTRIES OF NATURAL RESOURCES AND MUNICIPAL AFFAIRS AND HOUSING. THE MINISTRIES OF THE ENVIRONMENT AND NORTHERN AFFAIRS, WHEN APPROPRIATE, ARE TO BE CONSULTED ABOUT THE SPECIAL POLICY STATUS FOR SUCH AREAS. POLICY NO. 4: CONSERVATION AUTHORITIES ARE TO CONTINUE TO ADMINISTER FILL AND CONSTRUCTION REGULATIONS IN ACCORDANCE WITH THE CONSERVATION AUTHORITIES ACT; CONSTRUCTION REGULATIONS MADE UNDER THE CONSERVATION AUTHORITIES ACT MAY BE RESCINDED FOR THOSE AREAS WHERE A MUNICIPALITY HAS ADOPTED OFFICIAL PLAN POLICIES AND ZONING BY-LAWS WHICH COMPLY WITH THE OBJECTIVES OF FLOOD PLAIN MANAGEMENT, AND ACCORD WITH THE PROCEDURAL POLICIES ESTABLISHED -2- BY THE CONSERVATION AUTHORITY AND THE MINISTRIES OF NATURAL RESOURCES AND MUNICIPAL AFFAIRS AND HOUSING. POLICY NO. 5: THE MINISTRY OF NATURAL RESOURCES WILL PROVIDE DETAILED POLICIES AND TECHNICAL GUIDELINES FOR THE CALCULATION AND MAPPING OF FLOODWAY AND FLOOD PLAIN LANDS; THE MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING, IN CO-OPERATION WITH THE MINISTRY OF NATURAL RESOURCES, WILL DEVELOP POLICIES AND PROCEDURES FOR THE ADMINISTRATION OF THE PLANNING ACT, AS IT RELATES TO FLOOD PLAIN LANDS, TO COMPLY WITH THE OBJECTIVES OF FLOOD PLAIN MANAGEMENT; THE MINISTRIES OF NATURAL RESOURCES AND MUNICIPAL AFFAIRS AND HOUSING, IN CO-OPERATION WITH CONSERVATION AUTHORITIES, WILL DEVELOP TECHNICAL CRITERIA AND PROCEDURES FOR THE SELECTIVE APPLICATION OF THE TWO -ZONE FLOODWAY-FLOOD FRINGE CONCEPT AND FOR THE DESIGNATION OF "SPECIAL POLICY AREAS". POLICY NO. 6: LOCAL MUNICIPALITIES HAVE JURISDICTION FOR URBAN STORMWATER MANAGEMENT IN DRAINAGE AREAS OF LESS THAN 125 HA, AND THESE DRAINAGE AREAS ARE EXEMPT FROM CONSTRUCTION REGULATIONS MADE UNDER THE CONSERVATION AUTHORITIES ACT; CONSERVATION AUTHORITIES WILL DELEGATE JURISDICTION FOR URBAN STORMWATER MANAGEMENT OVER LARGER WATERSHEDS, REGARDLESS OF SIZE, TO LOCAL MUNICIPALITIES ONCE THE MUNICIPALITIES ADOPT STORMWATER MANAGEMENT PLANS, WHICH COMPLY WITH THE OBJECTIVES OF FLOOD PLAIN MANAGEMENT, AND ACCORD WITH THE PROCEDURAL POLICIES ESTABLISHED BY CONSERVATION AUTHORITIES AND THE MINISTRIES OF NATURAL RESOURCES, MUNICIPAL AFFAIRS AND HOUSING AND THE ENVIRONMENT; THE MINISTRIES OF NATURAL RESOURCES, MUNICIPAL AFFAIRS AND HOUSING, AND THE ENVIRONMENT, IN CO-OPERATION WITH CONSERVATION AUTHORITIES, WILL DEVELOP POLICIES, TECHNICAL GUIDELINES AND PROCEDURES FOR THE PREPARATION AND APPROVAL OF STORMWATER MANAGEMENT PLANS. I, 46a1 TOWN OF NEWCASTLE SUBMISSION TO THE FLOOD PLAIN REVIEW COMMITTEE SUBMITTED OCTOBER 20TH 1983 RED CARPET INN LINDSAY ON BEHALF OF THE TOWN OF NEWCASTLE, IT IS MY PLEASURE TO MAKE REPRESENTATION TO THIS COMMITTEE. THE TOWN WELCOMES THE OPPORTUNITY TO MAKE A SUBMISSION WITH RESPECT TO A PROVINCIAL POLICY ON FLOOD PLAIN CRITERIA. THE TOWN OF NEWCASTLE IS THE EASTERNMOST MUNICIPALITY WITHIN THE REGION OF DURHAM. THE TOWN IS COMPOSED OF THE FORMER MUNICIPALITIES OF THE TOWN OF BOWMANVILLE, THE VILLAGE OF NEWCASTLE AND TOWNSHIPS OF CLARKE AND DARLINGTON. ITS BORDERS EXTEND ON THE WEST TO THE CITY OF OSHAWA, TO THE NORTH, THE TOWNSHIP OF SCUGOG AND VICTORIA COUNTY, TO THE EAST, HOPE TOWNSHIP AND TO THE SOUTH, LAKE ONTARIO. IT IS COMPOSED OF 57,590 SQUARE KILOMETERS (235 SQUARE MILES) AND HAS A POPULATION OF APPROXIMATELY 32,000 PEOPLE. GIVEN THE POPULATION DISTRIBUTION AND GEOGRAPHIC SIZE, THERE IS AN EXCELLENT CROSS-SECTION OF BOTH RURAL AND URBAN PLANNING AND FLOOD MANAGEMENT ISSUES THAT MUST BE ADDRESSED AT THE LOCAL MUNICIPAL LEVEL. WHEN THE HONOURABLE ALAN POPE AND THE HONOURABLE CLAUDE BENNETT ISSUED A JOINT PUBLICATION ON FLOOD PLAIN CRITERIA, A POLICY STATEMENT OF THE GOVERNMENT OF ONTARIO ON PLANNING FOR FLOOD PLAIN LANDS, THERE WAS, OF COURSE, A MIXED REACTION TO THE SIX POLICIES THAT WERE IDENTIFIED. I AM SURE THAT THE COMMITTEE HAS, BY NOW, A CLEAR PERCEPTION OF JUST HOW MIXED THE REACTION HAS BEEN. I CAN APPRECIATE THAT IN THE PUBLIC MEETINGS THAT YOU HAVE HELD, YOU HAVE PROBABLY HEARD A GREAT DEAL ABOUT INDIVIDUAL HARDSHIPS WITH RESPECT TO FLOOD PLAIN CRITERIA AND LOCAL POLICIES. TO SUCH INDIVIDUALS THE ANSWER SIMPLY STATED LIES IN THE AVAIL- ABILITY OF A BUILDING PERMIT AND NOT NECESSARILY IN THE MORE ABSTRACT POLICIES THAT SHOULD APPLY ON A PROVINCIAL BASIS. -2- THE TOWN OF NEWCASTLE IN MAKING ITS SUBMISSION WOULD LIKE TO FOCUS ATTENTION ON THE FLOOD PLAIN CRITERIA AND TO REVIEW EACH POLICY. IT IS THIS DOCUMENT THAT WILL BE REVIEWED IN ESTABLISHING PROVINCIAL POLICY UNDER THE NEW PLANNING ACT. POLICY #1: POLICY NUMBER ONE SUGGESTS THAT THE REGIONAL OR ONE HUNDRED YEAR FLOOD WILL BE USED TO ESTABLISH THE FLOOD PLAIN. WITH ISOLATED EXCEPTIONS, THE TOWN OF NEWCASTLE HAS HAD LITTLE DIFFICULTY WITH THE USE OF THE REGIONAL OR THE ONE HUNDRED YEAR FLOOD AS A BASIS FOR DEFINING FLOOD PLAINS WITHIN THE TOWN. THIS CRITERIA IS PRESENTLY BEING USED BY THE GANARASKA AND CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY AND IS FOR THE MOST PART GENERALLY ACCEPTED BY THE LAND OWNERS WITHIN THE MUNICIPALITY. WHETHER OR NOT THIS CRITERIA IS TOO CAUTIOUS IS A MATTER OF CONJECTURE. IT CAN BE ARGUED THAT THE REGIONAL FLOOD WHICH MAY IN MANY CASES EXCEED A ONE IN FOUR HUNDRED YEAR FLOOD IS BEING OVERLY CAUTIOUS WHERE CONTROL OVER DEVELOPMENT IS CONCERNED. IT SHOULD BE NOTED, HOWEVER, THAT THERE IS A NEED ON BEHALF OF THIS COMMITTEE TO EXAMINE THE RELATIONSHIP OF THE FLOOD CRITERIA TO PROGRAMS AND POLICIES ESTABLISHED BY OTHER GOVERNMENT MINISTRIES TO ENSURE THAT SUCH PROGRAMS AND POLICIES ARE COMPLEMENTARY AND NOT COUNTERPRODUCTIVE. FOR EXAMPLE, THE COMMITTEE SHOULD REVIEW M.T.C. SUBSIDY AND DESIGN STANDARDS TO ENSURE MUNICIPALITIES DO NOT LOOSE GRANT MONIES FOR DESIGNING AND BUILDING STORM MANAGEMENT SYSTEMS TO FLOOD PLAIN CRITERIA. IT IS MY UNDERSTANDING THAT SOME STORM WATER SYSTEMS ARE DESIGNED AND SUBSIDIZED ON THE BASIS OF A 5-YEAR FLOOD. ANY OVERDESIGN IS PAID FOR SOLELY BY THE LOCAL LEVEL OF GOVERNMENT. IF A REGIONAL STORM OR ONE HUNDRED YEAR STORM IS USED AS THE FLOOD LINE CRITERIA THERE IS A SIGNIFICANT INCONSISTENCY. POLICIES #2 AND #3: THE POLICY ALTERNATIVES OUTLINED IN POLICIES TWO AND THREE PROVIDE AN ESCAPE VALVE THAT CAN BE USED UNDER CERTAIN CIRCUMSTANCES. GENERALLY SPEAKING, WE DO NOT OBJECT TO THE THRUST OF POLICIES TWO AND THREE AS THEY PROVIDE FLEXIBILITY. WE ARE CONCERNED, HOWEVER, WITH THE SPECIFIC WORDING OF THE POLICIES. THE APPROVAL SEEMS TO REST MORE WITH THE CONSERVATION AUTHORITY OR THE MINISTRY OF NATURAL RESOURCES THAN WITH THE LOCAL MUNICIPALITY. THIS IS PARTICULARLY SO WITH RESPECT TO POLICY NUMBER TWO. IT IS OUR BELIEF THAT THE DECISION AS TO WHETHER A MUNICIPALITY ADOPT A REGIONAL OR HUNDRED YEAR FLOOD, A TWO -ZONE FLOODWAY-FLOOD FRINGE CONCEPT OR A SPECIAL POLICY AREA APPROACH SHOULD REST SOLELY WITH THE MUNICIPALITY. THIS IS NOT TO SAY THAT THE MINISTRY OF NATURAL RESOURCES OR THE LOCAL CONSERVATION AUTHORITY SHOULD NOT BE INVOLVED. THEIR INPUT IS VITAL TO THE PROPER MANAGEMENT OF THIS ISSUE. HOWEVER, THEIR INPUT SHOULD BE OF AN ADVISORY AND TECHNICAL NATURE, WITH THE LOCAL MUNICIPALITY HAVING THE RIGHT TO DECIDE WHICH APPROACH THEY WOULD LIKE TO USE. IF THE CONSERVATION AUTHORITY OR MINISTRY OF NATURAL RESOURCES STRONGLY OBJECT TO THE APPROACH ADOPTED BY A LOCAL MUNICIPALITY, THEN THEY HAVE RECOURSE TO THE ONTARIO MUNICIPAL BOARD. POLICY #4: POLICY NUMBER FOUR SUGGESTS THAT CONSERVATION AUTHORITIES WILL CONTINUE TO ADMINISTER FILL AND CONSTRUCTION REGULATIONS EXCEPT FOR THOSE AREAS WHERE A MUNICIPALITY HAS ADOPTED OFFICIAL PLAN POLICIES AND ZONING BY-LAW WHICH COMPLY WITH THE OBJECTIVES OF FLOOD PLAIN MANAGEMENT. IT WOULD SEEM THAT IF SUCH POLICIES AND ZONING WERE IN PLACE, THE CONSERVATION AUTHORITIES WOULD REPEAL THE FILL AND CONSTRUCTION REGULATIONS. -4- IT IS MY UNDERSTANDING OF THE PLANNING ACT AS IT IS CURRENTLY WRITTEN, THAT THE MUNICIPALITY HAS THE RIGHT TO CONTROL THE USE OF LAND AND THE ERECTION OF BUILDINGS OR STRUCTURES. IT IS NOT MY UNDERSTANDING OF THE PLANNING ACT THAT EITHER THROUGH POLICY STATEMENTS OR ZONING BY-LAWS, A MUNICIPALITY CAN CONTROL THE PLACEMENT OR REMOVAL OF FILL. IF IT IS ENVISAGED THAT A MUNICIPALITY WOULD BE ABLE TO CONTROL THE PLACING OR REMOVING OF FILL, THEN IT WILL BE NECESSARY TO AMEND THE PLANNING ACT IN SUCH A WAY AS TO GIVE EFFECT TO THE ABILITY OF THE MUNICIPALITY TO CONTROL SUCH MATTERS. GIVEN THE LEVEL OF EXPERTISE AVAILABLE IN LOCAL MUNICIPALITIES, IT IS GENERALLY CONCEDED THAT THE RESPONSIBILITY FOR FILL AND CONSTRUCTION REGULATIONS SHOULD REST WITH THE CONSERVATION AUTHORITY. THIS IS NOT TO SAY THAT THERE IS NOT CONFUSION AND SOME FRUSTRATION WITH THE CURRENT SYSTEM. GENERALLY, LOCAL ZONING CONTROL, OFFICIAL PLAN POLICIES AND PROCEDURES FOR PROCESSING AMENDMENTS ARE BETTER KNOWN BY THE GENERAL POPULATION THAN FILL AND CONSTRUCTION REGULATIONS AND PROCEDURES. THE ANSWER LIES PERHAPS IN MAKING MUNICIPAL DOCUMENTS COMPLEMENTARY TO SUCH REGULATIONS AND HEIGHTENED PUBLIC AWARENESS OF THE EXISTENCE OF SUCH REGULATIONS. IF THE PROVINCE WERE TO PROVIDE FOR THE CONTROL OF FILL AND CONSTRUCTION REGULATIONS UNDER THE PLANNING ACT, IT IS OUR SUGGESTION THAT CONSIDERATION BE GIVEN TO AMENDING THE SITE PLAN CONTROL SECTION OF THE ACT. GENERALLY SPEAKING, IT IS THE LARGER MUNICIPALITIES WITH SUFFICIENT STAFF TO ADMINISTER SITE PLAN CONTROL THAT UTILIZE SUCH PROVISIONS OF THE PLANNING ACT IN AN EXTENSIVE MANNER. SIMILARLY, IT IS OUR UNDERSTANDING THAT SOME OF THE LARGER MUNICIPALITIES HAVE BEEN INTERESTED IN GAINING CONTROL OVER FILL W.il AND CONSTRUCTION REGULATIONS. IT WOULD SEEM, THEREFORE, MOST APPROPRIATE THAT IF THE PROVISIONS OF THE PLANNING ACT ARE TO BE EXPANDED TO COVER THE PLACING OR REMOVAL OF FILL, THAT IT IS DONE SO UNDER THIS SECTION OF THE ACT. IT SHOULD BE ACKNOWLEDGED IN CONSIDERING THIS OPTION THAT SOME ARRANGEMENTS HAVE TO BE BUILT INTO THE ACT TO ENSURE ACCOUNTABILITY OF THE ADMINISTRATION OF ANY FILL OR CONSTRUCTION REGULATIONS. POLICY #5: WHILE IT IS ACKNOWLEDGED THAT IT SHOULD BE A PROVINCIAL RESPONSIBILITY TO DEVELOP POLICIES AND PROCEDURES TO ADMINISTER THE PLANNING ACT AS IT RELATES TO FLOOD PLAIN LANDS, THIS SHOULD BE DONE THROUGH CONSULTATION WITH CONCERNED MUNICIPALITIES. THE SECOND PART OF POLICY #5 SUGGESTS THE DEVELOP- MENT OF CRITERIA BY THE PROVINCE AND CONSERVATION AUTHORITY AS TO WHEN THE TWO ZONE OR SPECIAL POLICIES AREA CAN BE USED. AGAIN IT IS FELT THAT IT IS A MUNICIPAL DECISION WHICH APPROACH IS UTILIZED WITHIN A GIVEN MUNICIPALITY. POLICY #6: WHILE THE TOWN OF NEWCASTLE IS CONCERNED ABOUT SEVERAL ASPECTS OF STORM WATER MANAGEMENT, WE DO NOT OBJECT TO THE PRINCIPLE OF STORM WATER MANAGEMENT. IT IS FELT THAT ON A PROVINCE -WIDE BASIS, STORM WATER MANAGEMENT WOULD BE RATHER ONEROUS FOR SOME OF THE SMALLER MUNICIPALITIES WITH NO MUNICIPAL STAFF WHO ARE TRAINED TO DEAL WITH SUCH MATTERS. AT THIS TIME, THE TOWN OF NEWCASTLE IS NOT ANXIOUS TO ASSUME ADDED RESPONSIBILITIES WITH RESPECT TO STORM WATER MANAGEMENT. THE WHOLE QUESTION OF THE LIABILITY OF CONSTRUCTION AND MAINTENANCE OF SUCH WORKS WILL HAVE TO BE EXAMINED CLOSELY. IN ADDITION, THE IMPACT ON THE POSSIBLE COST IMPLICATIONS TO LOCAL MUNICIPALITIES MUST BE ADDRESSED. UNTIL WE HAVE AVAILABLE TO US THE TECHNICAL GUIDELINES AND PROCEDURES FOR THE PREPARATION AND APPROVAL OF STORM WATER MANAGEMENT PLANS, IT IS DIFFICULT TO ANTICIPATE WHAT COSTS MIGHT BE INVOLVED ON THE PART OF A LOCAL MUNICIPALITY. I TRUST THAT MEMBERS OF THE COMMITTEE WILL FIND OUR BRIEF INFORMATIVE. IF YOU HAVE ANY QUESTIONS CONCERNING THE CONTENTS OF THE BRIEF, OR ON A PARTICULAR ASPECT OF THE FLOOD PLAIN CRITERIA, I WOULD BE MOST PLEASED TO ATTEMPT TO ANSWER SUCH QUERIES. AGAIN, THANK YOU FOR THE OPPORTUNITY OF MAKING A SUBMISSION ON BEHALF OF THE TOWN OF NEWCASTLE.