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HomeMy WebLinkAboutPD-132-96oN:eisPRCSS.GPaTHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # E-(-':S, CT Date: Monday, October 7, 1996 Res. Z1 A " 41qL r Wo Report #: PD- 132 -96 File #: PLN 17.9 By -law # Subject: MUNICIPAL GUIDELINES FOR THE PREPARATION OF ENVIRONMENTAL IMPACT STUDIES FILE: PLN 17.9 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 132 -96 be received; 2. THAT the document entitled "Municipality of Clarington - Guidelines for the Preparation of Environmental Impact Studies ", attached to this Report as Attachment No. 1, be endorsed by Council; 3. THAT Staff be authorized to seek Expressions of Interest from qualified consulting firms in order to recommend a short -list of consultants to Council for consideration in the preparation of Environmental Impact Studies. atoll] 9 1.1 Map C of the Clarington Official Plan identifies the location of permanent cold and warm water streams, wetlands, tableland woodlots, Areas of Natural and Scientific Interest, and the Lake Iroquois Beach. These natural features are recognized by the Plan as major components of the natural environment to be protected, managed and enhanced. 1.2 Section 4.3.8 of the Plan is integral to the protection of the natural features identified on Map C. This section states that: "An Environmental Impact Study shall be undertaken for development applications located within or adjacent to any natural feature identified on Map C. The Municipality, in consultation with the Region of Durham, the 614 REPORT PD-132-96 PAGE 2 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." 1.3 Staff have prepared guidelines to facilitate the effective implementation of Section 4.3.8. The Guidelines are attached to this Report as Attachment No. 1. The purpose of this Report is to explain the Guidelines and to seek Council's endorsement of the Guidelines. 2. OVERVIEW OF GUIDELINES 2.1 The Guidelines address the following matters: o when an Environmental Impact Study is required o administration of the Study o study funding o selection of consultant 0 opportunities for public input. 2.2 The preparation of an Environmental Impact Study is required for any application for Official Plan amendment, rezoning, subdivision or condominium approval, site plan approval, or consent located within or adjacent to a natural feature identified on Map C. The Guidelines define the term "adjacent to" as being located within 120 metres of a wetland, 50 metres from the edge of a tableland woodlot, 50 metres from the top of bank of a stream valley, or 25 metres from the edge of the Lake Iroquois Beach. The need for an Environmental Impact Study shall be determined by Planning Department staff, in consultation with Conservation Authority staff where necessary. 2.3 A Steering Committee shall be selected to prepare the Terms of Reference for the Environmental Impact Study, and to review consultant's reports. The Committee is to be comprised of the developer, Planning staff and Conservation Authority staff and, where necessary, Public Works staff and Regional Planning staff. Where necessary, planning staff will endeavour to identify an appropriate citizen representative to also sit on the Committee. 615 WTWW 2.4 In certain situations however, the Steering Committee may decide that a preliminary review of issues is required in order to develop appropriate Terms of Reference for the Environmental Impact Study. This review will be considered Phase 1 of the Environmental Impact Study, and the balance of the study will be considered Phase 2. In these cases, a consultant will be selected by the Steering Committee in accordance with normal procedures to undertake both Phases 1 and 2 of the Study. 2.5 The process for selecting and retaining a consultant to undertake an Environmental Impact Study is discussed in Section 3 of this Report. 2.6 A Public Information Centre to present the Environmental Impact Study and to receive the public's comments on the Study will be held after the consultant submits the first draft of the Study. The final Environmental Impact Study will be presented to the General Purpose and Administration Committee for its information. Notice of the presentation will be provided to all interested parties related to the subject development application. 2.7 The applicant will be responsible for the full cost of the Environmental Impact Study. The Municipality will not retain a consultant until the necessary funding for the entire study has been secured. 3. CONSULTANT SELECTION 3.1 The Planning Department will develop a short -list of three or four qualified environmental consultants. Only those consultants on the short -list will be requested to submit proposals for individual Environmental Impact Studies. 3.2 In order to develop the short -list, Staff is requesting Council's authorization to seek Expressions of Interest from a number of qualified environmental consulting firms. The consulting firms will be asked to indicate such information as their expertise in each of the major environmental disciplines and per diem rates. .9 3.3 Staff will review the Expressions of Interest submitted in consultation with Conservation Authority staff and, on the basis of this review, develop a short -list of consulting firms. As noted earlier, only those consultants on the short -list will be requested to submit proposals for individual Environmental Impact Studies. Staff will request Council to approve the short -list of consultants and to authorize the Director of Planning and Development to enter into contracts with the consulting firms as required for the preparation of individual Environmental Impact Studies. 4. CONCLUSIONS 4.1 In developing the Guidelines, Staff attempted to be sensitive to developer's concerns regarding study funding and timing while, at the same time, ensuring that the studies prepared for the Municipality address the matters set out in Section 4.3.8 of the Official Plan. 4.2 Staff also recognized, while developing the Guidelines, that both large and small -scale developments will be subject to the requirements of Section 4.3.8 and consequently, the Environmental Impact Studies prepared will range from limited site - specific reviews to comprehensive analyses. Accordingly, the Guidelines are sufficiently flexible to accommodate the expected range of studies. 4.3 It is hoped that the Steering Committee, with both developer and citizen representation, will provide a forum where concerns and issues can be discussed and resolved in a co- operative manner. If successful, this approach will produce a study which is acceptable to all parties and shorten the time required for the subsequent disposition of the development application. 110 .6 Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development JAS *DC *FW *df 26 September 1996 Reviewed by, �y W.H. Stockwell Chief Administrative Officer Attachment No.1 - Municipality of Clarington - Guidelines for the Preparation of Environmental Impact Studies In Accordance With Section 4.3.8 of the Clarington Official Plan 618 Attachment No. 1 WARMS) V D i 31 Map C of the Municipality of Clarington Official Plan identifies the location of known permanent cold and warm water streams, wetlands, tableland woodlots, Areas of Natural and Scientific Interest, and the Lake Iroquois Beach. Section 4.3.8 of the Official Plan states: "An Environmental Impact Study shall be undertaken for development applications located within or adjacent to any natural feature identified on Map C. 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 purpose of these Guidelines is to set out a process for the implementation of Section 4.3.8 of the Official Plan. 2. PREPARATION OF ENVIRONMENTAL IMPACT STUDIES 2.1 Review of Development Applications 2.1.1 The following types of development applications shall be subject to Section 4.3.8: o an application to amend the Durham Region Official Plan or the Municipality of Clarington Official Plan; o an application to amend the Municipality of Clarington Comprehensive Zoning By -law 84 -63; o an application for subdivision or condominium approval; o an application for site plan approval; 0 an application to create an additional lot by consent /severance. - Page 2- 2.1.2 An applicant should consult with the Planning and Development Department, prior to the submission of a development application, to determine if an Environmental Impact Study needs to be prepared pursuant to Section 4.3.8 of the Official Plan. 2.1.3 Planning Department Staff will determine if the lands subject of the development application are located within or adjacent to any of the natural features identified on Map C. Planning Department Staff will consult with Staff of the relevant Conservation Authority, if necessary, to determine the location of the subject lands in relation to any natural feature identified on Map C. 2.1.4 For the purposes of Section 4.3.8, the lands subject of a development application shall be considered as being adjacent to a natural feature identified on Map C if any of the following conditions are met: o the lands are located within 120 metres of the edge of a wetland or wetland complex; o the lands are located within 50 metres of the edge of a tableland woodlot; o the lands are located within 50 metres of the top of bank of the valley for a cold water or warm water stream; o the lands are located within 25 metres of the edge of the Lake Iroquois Beach. 2.1.5 If the review of the proposed development application by Planning Department Staff indicates that an Environmental Impact Study is required, the Planning Department shall send a letter to the applicant: o to advise that an Environmental Impact Study pursuant to Section 4.3.8 of the Official Plan is required; o to advise of the process for preparing an Environmental Impact Study; o to request the applicant to submit a letter to the Planning and Development Department advising of his willingness to participate in and fund the preparation of an Environmental Impact Study; - Page 3 - o to advise that if an Environmental Impact Study is not prepared for the development application, the Planning and Development Department will recommend to Clarington Council and /or the Region of Durham, as the case may be, that the development application be denied. 2.2 Steering Committee 2.2.1 A Steering Committee shall be created to administer the preparation of the Environmental Impact Study. The Steering Committee will be comprised as follows: • Clarington Planning staff; • Clarington Public Works staff (if necessary); o Durham Region Planning staff (if necessary); • Conservation Authority staff; • developer representative; o citizen representative (if possible). Planning Department 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. 2.2.2 The Steering Committee shall prepare Terms of Reference for the Environmental Impact Study. The following shall be taken into consideration in the preparation of the Terms of Reference: o the matters outlined in Section 4.3.8 of the Official Plan; • the extent and nature of the proposed development; • the need for a scoped /site- specific or comprehensive study; o the need for a four - season study. 2.2.3 Alternatively, the Steering Committee may choose to have the Study proceed in two phases. The first phase would involve a review of background information to define the issues related to the identified natural feature, and would culminate in the development No P-4 - Page 4- of appropriate Terms of Reference for the Environmental Impact Study. This review would be considered Phase 1 of the Environmental Impact Study. The balance of the Study would be considered Phase 2. The consultant will be selected by the Steering Committee in accordance with normal procedures to undertake both Phases 1 and 2 of the Study. 2.2.4 The Planning Department shall issue a Request for Proposals to undertake the Environmental Impact Study and retain a consultant in accordance with Section 4.2 of these Guidelines. 2.2.5 The Steering Committee shall review the consultant's reports and provide constructive comments and input to assist the consultant in finalizing the study. 2.2.6 The consultant's final report shall address the requirements of Section 4.3.8 of the Official Plan, and make recommendations regarding measures to implement the findings of the Environmental Impact Study. Recommended measures may include; • modifications to the proposed development, including the identification of areas to be preserved in their natural state; • engineering techniques; • conditions of draft approval for a proposed plan of subdivision; • conditions of site plan approval; • specific policies and /or designations in the Official Plan; • specific provisions in the implementing zoning by -law; • monitoring programs. 2.2.7 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 Department staff. - Page 5- 2.3 Public Participation 2.3.1 A Public Information Centre will be held after the submission of the first draft of the Environmental Impact Study. The purpose of the Information Centre will be to present and explain the Environmental Impact 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 within or as close to the affected community as possible. 2.4 Presentation of Final Report to Council 2.4.1 The Environmental Impact Study, when finalized, will be presented to a regular meeting of the General Purpose and Administration Committee by the consultant and Planning Department Staff. 2.4.2 Notice of the presentation will be mailed to all persons on the Notification List a minimum of two weeks prior to the meeting. 3. STUDY FUNDING 3.1 The developer shall be responsible for the full cost of the Environmental Impact Study, including consultant's costs, the advertising and mailing of notices, rental of meeting rooms, but excluding Municipal Staff costs. • - Page 6- 3.2 At such time as a consulting firm has been selected to undertake the Environmental Impact Study and a cost for the entire Study has been determined, the developer shall provide an unconditional Letter of Credit in favour of the Municipality for an amount equal to the cost of the study. 3.3 A contract between the Municipality and the consulting firm to undertake the Environmental Impact Study shall not be finalized until such time as the necessary funding for the entire study has been secured. 4. CONSULTANT SELECTION 4.1 Developing A List of Consultants 4.1.1 The Planning and Development Department will develop and maintain a short -list of consulting firms qualified to prepare Environmental Impact Studies. Only those consultants on the short -list will be invited by the Municipality to submit proposals for the preparation of individual Environmental Impact 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. The consulting firms will be requested to indicate the following in the Expressions of Interest: • qualified personnel within each of the major environmental disciplines (hydrology, hydrogeology, soils, botany, fish and wildlife, including birds); • sub- consultants • per diem rates for each of the personnel • capability to assist the Municipality in developing and maintaining environmental information in a GIS environment • capability to communicate the results of their studies. 4.1.3 The Planning and Development Department will review the Expressions of Interest in consultation with the Conservation Authorities. On the basis of this review, Staff will Im - Page 7- recommend to Council the selection of three or four consulting firms. These firms will comprise the Municipality's list of consultants who will be invited to submit proposals for the preparation of individual Environmental Impact Studies. The Municipality will renew the list every three years or as required (eg. key personnel leaving one of the consulting firms). 4.2 Selecting A Consultant For Individual Environmental Impact Studies 4.2.1 When Staff determines that an Environmental Impact Study is required, the consulting firms on the Municipality's list will be requested to submit Proposals for the preparation of the Study. 4.2.2 The Steering Committee established for a specific Environmental Impact Study will review the Proposals submitted by the consultants and, on the basis of this review, will select a consulting firm to undertake the Study. The consulting firm selected must be acceptable to a majority of the parties represented on the Steering Committee. 4.2.3 The Director of Planning and Development is authorized to execute a contract with the consulting firm selected by the Steering Committee for the preparation of the Environmental Impact Study, provided that an unconditional Letter of Credit in favour of the Municipality to cover the full costs of the study has been provided by the applicant.