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HomeMy WebLinkAboutWD-57-844 CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT HAMPTON, ONTARIO LOB 1J0 R. DUPUIS, P. ENG., DIRECTOR TEL. (416) 263.2231 987.5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JUNE 4, 19840 REPORT NO ®: WD -57 -84 SUBJECT: REPORT OF THE FLOOD PLAIN REVIEW COMMITTEE ON FLOOD PLAIN MANAGEMENT IN ONTARIO. RECOMMENDATION: It is respectfully recommended: 1. That this report be received; and, 2e That the Minister of Natural Resources be advised that, while the current administration of flood plains through the Conservation Authorities is creating hardship for municipalities, the recommendations of the Flood Plain Review Committee may merely create a new set of problems and, therefore, that further review be undertaken by his Ministry towards modifying the Conservation Authorities Act to make it more sensitive and responsive to local planning and engineering needs; and, 3. That a copy of this report be forwarded to the Honourable Alan W. Pope, Minister of Natural Resources, as the Town of Newcastle's position with respect to the recommendations of the Flood Plain Review Committee. ....2 Page 2_ REPORT NO. WD -57 -84 REPORT: 6( -) In September 1982, the Province released a policy pertaining to floodplain lands in Ontario. There was immediate reaction, and many concerned individuals and municipalities requested an opportunity for further input. Thus, in August 1983, the Flood Plain Review Committee was formed and conducted meetings throughout Ontario to solicit input. Some three - hundred briefs were submitted to the Committee, the Town of Newcastle making one such presentation. The Committee considered the input, documented their findings in a report called "Report of the Flood Plain Review Committee on Flood Plain Management in Ontario ", and presented the thirteen recommendations contained in Attachment 1 to this report. The Minister of Natural Resources, having considered this information, has requested comment from individuals and agencies likely to be affected by such recommendations. The Town of Newcastle is certainly interested in the recommendations and their potential impact to the municipality and has some very serious concerns. Accordingly, reconsideration by the Minister is being suggested by the Town of Newcastle. However, comments as set out in the following are considered valid and should be submitted for the Minister's consideration. ...3 Page 3 REPORT NO. WD -57 -84 Flood Plain Definition Recommendation No.l The Committee recommends that the Regulatory Flood used to designate Flood Plains in Ontario be the 100- Year Flood and will be defined by the water elevation having a return period of 100 years. The Town of Newcastle can support such a recommendation, as any deviation from the current Regional Storm (Hazel) requirements will present a relief and free -up lands currently in the flood plain. However, two issues should be raised. Firstly, having considered -the recommendation in light of the text of the report there is some question as to the definition of the 100- Year Flood. Is it meant to be defined as the water elevation resulting from a storm with a return period of 100 years or is it meant to be the flood event with a return period of 100 years which could result from a storm with a more or less frequent return period? Secondly, this recommendation's underlying implication is new flood plain mapping. The Province must address who will be financially responsible for preparation of such mapping. The Town of Newcastle is adament that such costs not be a municipal responsibility. ...4 Page 4 REPORT NO. WD -57 -84 Recommendation No.2 The Committee recommends that consideration be given to permitting the maintenance of a higher criteria, where already adopted, subject to a full public review and referral of this criteria to an appropriate hearing Tribunal. The Town can support this recommendation as there are many areas which are more prone to flooding and where excessive damages would occur as a result of flooding outside the limits of the 100 year flood. However, based upon subsequent recommendations that municipalities assume the major role in administering management of the floodplains, the Minister should clarify whether the public review and representation at the hearings would be a municipal responsibility, or would be conducted in advance of turn -over to municipalities. Most local municipalities are in no position to assume such a time - consuming and costly burden. Recommendation No.3 The Committee recommends that all development within the flood plain be permitted anywhere within the flood plain subject to development being controlled both from structural integrity during a flood as well as for the potential to decrease channel capacity or channel storage. The flood plain shall include all land below the water elevations of the regulatory flood. ....5 Page 5 REPORT NO. WD -57 -84 60 The Town of Newcastle cannot support such a recommendation due to the fact that it is arbitrary. Experience has proven that legislation with arbitrary considerations and provisions is a nightmare to administer. Thus, the recommendation should not even be considered by the Minister. Recommendation No.4 Structures below the high water elevation will be designed to be structurally stable and to provide a safe refuge from water flows at -the control elevation. As this recommendation is an elaboration on Recommendation 3, the Town would recommend that the Minister delete if from any further consideration. Recommendation No.5 The Committee recommends that the analyses of the flood plain include the definition of the floodway required for the passage of flood waters associated with the 100 year flood. This recommendation would seem to support the requirement for updated flood plain mapping. Assuming that the floodway would be coincident with the limits of the flood plain required for passage of the 100 year flood, the Town can support this recommendation. The required flood plain mapping should, however, be the responsibility of the Province. ...6 Page 6 REPORT NO. WD -57 -84 Recommendation No.6 The Committee recommends that a freeboard be established in the definition of the Regulatory Flood level subject to further research being carried out. Assuming that the 100 year flood would reflect peak storm conditions, a freeboard is not required. Again, introduction of an arbitrary factor could create administrative problems. As an example, existing flood plain mapping in some areas is performed only to the accuracy of the contour mapping available. Thus, mapping with contour intervals of 2.5 feet would seem to provide flexibility to plus or minus 2.5 feet, yet, in considering the merits of works constructed in the floodplain, the Conservation Authority has adhered rigidly to the mapped elevations. Part of the problem in the past was related to improperly defined parameters and any updating should establish accurate limits. Two Zone Concept Recommendation No.7 The Committee recommends that the Two -Zone concept be abandonded in favour of an approach whereby all areas within the flood plain as defined by the Regulatory Flood would be considered as a conditional development area. ....7 Page 7 REPORT NO. WD -57 -84 ;,1pC� This recommendation puts forward two concepts for consideration. Firstly, elimination of a two -zone concept is recommended and the Town supports this idea. Secondly, the Committee recommends substitution of a concept of conditional development in the flood plain as prescribed in Recommendation 3 presented by the Committee. Since the Town could not lend support to Recommendation 3, a similar position of non - support should be taken with respect to this second concept. ( Special Policy Areas Recommendation No.8 The Committee recommends the further use of Special Policy Area designation be deferred until the implications of the new Regulatory Flood and the recommendations on conditional development can be assessed. The Town can support the position with respect to deferring special policy consideration, however, we do not feel that conditional development has a bearing as the concept of conditional development in flood plains is not supported by this municipality. Responsibility for Implementation Recommendation No.9 The Committee recommends that the primary responsibility for the implementation of flood plain management policies will be through the local municipalities under the new Planning Act. ....8 Page 8 REPORT NO. WD -57 -84 The Town of Newcastle can support such a proposal, however, there are certain matters which must be satisfactorily and definitely resolved prior to putting such a proposal in force. i) Costs to municipalities must be assessed since such a proposal will undoubtedly require additional staff, redefining of flood plains, modification to existing planning documents, etc. ii) Since watersheds cross municipal boundaries, the matter of consistent application of regulations for flood plains must be considered. As an example, in any one watershed, an upstream municipality may have very casual requirements for flood control which may adversely impact the flood plain in a downstream municipality. iii) Based upon the above, prior to implementing such a proposal, a detailed set of guidelines dealing with all aspects of flood plain management must be developed for use by municipalities to ensure consistent requirements throughout the Province. iv) The question of another legislative body, to replace the existing Conservation Authority body, at the municipal level must be addressed. v) The question of what municipal level of government, i.e., Local, Regional or County, will administer flood plain management policies must be decided. ....9 Page 9 REPORT NO. WD -57 -84 Modification to the Conservation Authorities Act Recommendation No.10 —V-( -1,V) r The Committee recommends that the necessary modifications be made to the Conservation Authorities act and other relevant legislation to effect the transfer of responsibility for the implementation of flood plain management policies from the Conservation Authorities to the local government. Recommendation No.11 The Committee recommends that consideration be given to amending the Conservation Authorities Act, to alter the powers of Conservation Authorities so that these bodies become advisors to participating local municipalities in the administration of the watershed. The Town can support these recommendations as they are the necessary complementary action to Recommendation 9. However, such support is conditional on satisfactory resolution of the concerns and issues identified in the Town's comments on Recommendation 9. Municipal Official Plans Recommendation No. 12 The Committee recommends that municipal Official Plans include policies in accordance with the appropriate section of the new Planning act to the effect that site plan control provisions will be extended to embrace those areas defined by the elevational line of the Regulatory Flood. Amendment may also have to be made to the existing legislation. ....10 Page 11 REPORT NO. WD -57 -84 Flood Plain Management can be a very contraversial area and many of Ontario's municipalities may not be equipped to adequately handle the task. Accordingly, it is felt by the Town of Newcastle that a strategy which modifies the existing Conservation Authorities Act to make it more sensitive and responsive to local planning and engineering needs would be a more practical avenue to pursue. Town of Newcastle staff would be pleased to participate in any discussions leading to such an end. Respectfully submitted, , / e4 R.G. Dupuis, P. Eng., Director of lic Works. T.T. Edwards, M.C.I.P., Director of Planning. RGD:TTE:jco May 28, 1984. ' -6 (p% 4 -1 4.0 SUMMARY OF RECOMMENDATIONS Flood Plain Definition 1. The Committee recommends that the Regulatory Flood used to designate Flood Plains in Ontario be the 100 -Year Flood and will be defined by the water elevation having a return period of 100 years. 2. The Committee recommends that consideration be given to permitting the maintenance of a higher criteria, where already adopted, subject to a full public review and referral of this criteria to an appropriate hearing tribunal. 3. The Committee recommends that all development within the flood plain be permitted anywhere within the flood plain subject to development being controlled both from structural integrity during a flood as well as for the potential to decrease channel capacity or channel storage. The flood plain shall include all land below the water elevations of the regulatory flood. 4. Structures below the high water elevation will be designed to be structurally stable and to provide a safe refuge from water flows at the control elevation. 5. The Committee recommends that the analyses of the flood plain include the definition of the floodway required for the passage of flood waters associated with the 100 -year flood. 6. The Committee recommends that a freeboard be established in the definition of the Regulatory Flood level subject to further research being carried out. JI 4 -2 Two -Zone Concept 7. The Committee recommends that the Two-Zone concept be abandoned in favour of an approach whereby all areas within the flood plain as defined by the Regulatory Flood would be considered as a conditional development area. Special Policy Areas 8. The Committee recommends that Area designation be deferred new Regulatory Flood and the development can be assessed. Responsibility for Implementation further use of Special Policy until the implications of the recommendations on conditional 9. The Committee recommends that the primary responsibility for the implementation of flood plain management policies will be throdgh the local municipalities under the new Planning Act., Modification to the Conservation Authorities Act 10. The Committee recommends that the necessary modifications be made to the Conservation Authorities Act and other relevant legislation to effect the transfer of responsi- bility for the implementation of flood plain management policies from the Conservation Authorities to the local government. 11. The Committee recommends that consideration be given to amending the Conservation Authorities Act, to alter the powers of Conservation Authorities so that these bodies become advisors to participating local municipalities in the administration of the watershed. 4 -3 Municipal Official Plans 12. The Committee recommends that municipal official Plans include policies in accordance with the appropriate section of the new Planning Act to the effect that site plan control provisions will be extended to embrace those areas defined by the elevational line of the Regulatory Flood. Amendment may also have to be made to the existing legislation. 13. The Committee recommends that policies be incorporated in the Municipal official Plan which extend site plan control to include lands currently designated by fill and construction regulations.