HomeMy WebLinkAboutPD-103-94Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD- 103 -94 be received;
2. THAT Report PD- 103 -94 be adopted as the comments of the
Municipality of Clarington on the Draft Strategy for the Oak Ridges
Moraine;
3. THAT Council provide direction as to whether aggregate extraction
should be permitted within Natural Core and Corridor Areas, not
including the Ganaraska Forest (see Section 4.8 of Report);
4. THAT the Municipality of Clarington support a Policy Statement
under Section 3 of the Planning Act as the appropriate
implementation mechanism for the Oak Ridges Moraine Strategy (see
Section 4.12 of Report);
5. THAT the Durham Region Planning Department, the Ministry of Natural
Resources, Ms. Niva Rowan, the Technical Advisory Committee and the
Citizens' Advisory Committee for the Oak Ridges Moraine, all
interested parties listed yin this report and any delegation be
forwarded a copy of this report and be advised of Council's
decision in this matter.
1, BACKGROUND
1.1 On May 16, 1994, the Planning Department received from the Oak
Ridges Moraine Technical Working Committee (TWC), a copy of
the Draft Oak Ridges Moraine Area Strategy for the Greater
Toronto Area. Comments on the draft Strategy were requested
to be forwarded to the Ministry of Natural Resources by July
15, 1994. The deadline for the submission of comments was
subsequently extended to August 15, 1994.
6
APiER
PAPER RECYCLE
TIiS �5 PRItJIED W RECYCLED PAPER
REPORT PD- 103 -94
PAGE 2
1.2 Staff Report PD -78 -94 was presented to Committee at its
meeting of July 4, 1994 as the Municipality's comments on the
Draft Strategy. Ms. Niva Rowan, representing both STORM and
SAGA, made a submission to Committee with respect to Report
PD -78 -94 (see Attachment No. 1) . Committee resolved to refer
the report back to Staff to allow for discussion with Ms.
Rowan and the preparation of a further report. Staff have met
with Ms. Rowan to discuss her comments. These comments and
Staff's response are outlined in Section 3 of this Report.
1.1 This.report has been prepared to present the Municipality's
comments on the Draft Strategy for the Oak Ridges Moraine, and
to respond to the comments submitted by STORM and SAGA on
Report PD- 78 -94.
2. OVERVIEW OF THE DRAFT STRATEGY
2.1 The Draft Strategy is the result of a planning study for the
Oak Ridges Moraine initiated by the provincial government in
1991 to develop a long -term strategy for the protection and
management of the Moraine within the Greater Toronto Area.
The TWC was created to undertake the Planning Study, which has
proceeded in four phases:
• Phase I - The Vision
• Phase II - 15 Background Studies (see Attachment No.
2 for list and status of studies)
• Phase III - Evaluation of Options and Public
Consultation on the Draft Strategy
• Phase IV - Preferred Recommended Option.
2.2 The main focus of the Strategy is given as the "protection
planning and management of the Oak Ridges Moraine to maintain,
and where possible to enhance the ecological integrity of the
Oak Ridges Moraine Ecosystem." The definition, protection and
management of three interconnected and interdependent natural
systems are intended to provide the ecological framework for
the protection of the Moraine: the Natural Heritage System,
? 0
REPORT NO.: PD- 103 -94
PAGE 3
the Water Resources System, and the Landform Conservation
System.
2.3 The Strategy also highlights points on which the members of
the TWC were unable to agree. Public input on these points is
specifically requested.
2.4 Natural Heritage System
2.4.1 The Natural Heritage System is designed as "a system to
maintain and where possible to enhance the diversity and
health of plants and animals and their associated habitats
with special emphasis on native species." The Natural
Heritage System defines three essential element: Natural Core
Areas, Natural Corridor Areas, and Potential Corridor or
Enhancement Areas.
2.4.2 Natural Core Areas are those identified as being most critical
to ecological processes, attributes and functions needed to
maintain native plant and animals species. Core Areas would
include Environmentally Sensitive Areas as identified by
Conservation Authorities, wetlands, cold and warm water
streams together with a 30 metre (approx. 100 feet) buffer,
and woodlands and forested areas of a defined age, size or
type. Of particular note is the identification of all
forested areas equal to or greater than 1000 ha (approx. 2,500
ha) as Core Areas, which would include the Ganaraska Forest.
The TWC was unable to reach a consensus on using 30 ha
(approx. 75 acres) as the minimum size at which non - planted
forest areas would be defined as Core Areas. Some members of
the Committee advocated using 10 ha (approx. 25 acres) or 20
ha ( approx. 50 acres) as the minimum size criteria. The 30 ha
criteria was recommended by the consultant which prepared
Background Paper 4 (Natural Heritage System) as the size which
would ensure enough habitat is set aside to protect the
habitat needs of vulnerable species.rC
U r V�_
REPORT NO.: PD- 103 -94
PAGE 4
2.4.3 Natural Corridor Areas are those identified as possessing
ecological processes, attributes and functions which serve to
connect Core Areas and enhance opportunities for the movement
of native plant and animal species between Core Areas.
Corridor Areas would include stream corridors and woodlands
which serve to connect Core Areas. Natural Core and Corridors
Areas together would comprise between 26.2% and 28.8% of the
Moraine area within the GTA, depending on the minimum size
criteria established for non - planted forest areas.
2.4.4 The proposed policies for Core and Corridor Areas would
require that they be maintained in a natural vegetative self -
sustaining state, with certain exceptions such as buildings or
structures related to agricultural or forestry use. The TWC
could not agree on whether aggregate extraction should be
permitted within Core and Corridor Areas as a special
exception subject to certain conditions, such as site
rehabilitation that would restore or improve the ecological
integrity of the affected site.
2.4.5 Potential Corridor or Enhancement Areas are identified as
areas located within 120 metres (approx. 400 feet) of a
Natural Core and Corridor Areas. Their primary function would
be to provide protection for and linkages to Core and Corridor
Areas. Development would be permitted within Potential
Corridor or Enhancement Areas provided that the proposal would
maintain or enhance the form, function or features of the
adjacent Core or Corridor Area.
2.5 Water Resource System
2.5.1 The Water Resource System is designed to ensure clean,
abundant water is available to maintain baseflow in headwater
streams, to maintain storage in kettle lakes and wetlands, and
to provide for the sustainable use of water resources by
residents on and adjacent to the Moraine. The System has
identified three essential elements:
REPORT NO.: PD- 103 -94
PAGE 5
® Sensitive Hydrological Features such as wetlands and
headwater streams;
• Regional Recharge Areas where precipitation is collected
for storage in groundwater reservoirs to form the aquifer
systems of the Moraine;
• Regional Discharge Areas where groundwater is released to
the surface.
2.5.2 Regional Municipalities are encouraged to develop
Comprehensive Aquifer Management Plans that protect and manage
the water resources on their portion of the Moraine. The
Strategy also recommends that proposed land use changes be
evaluated on a subwatershed basis to determine the cumulative
effect of all proposed and approved land use changes on water
quality and quantity. At least 30% of a Regional Recharge
Area would be required to be maintained in a self- sustaining
vegetative cover. However, the TWC did not reach a consensus
on using a subwatershed approach to evaluating the effects of
development.
2.6 Landform Conservation System
2.6.1 The Landform Conservation System is intended to retain the
scenic attributes of the Moraine and to minimize disruption to
ecological processes through the maintenance of the form,
character and variety of landscapes within the Moraine. The
System is comprised of five essential elements:
• Significant Landform Areas are areas with a combination
of topographic, vegetative and drainage attributes
characteristic of the Moraine;
• Significant Landform Features include distinctive
landscape features such as hummocky terrain and Areas of
Natural and Scientific Interest;
• Visually Attractive Areas, Vistas and Panoramas are all
areas deemed to possess significant visual character.
REPORT NO.: PD- 103 -94
PAGE 6
2.6.2 The Strategy recommends that a landscape conservation plan be
required for any proposed development that could affect a
portion of the identified Landform Conservation System. The
plan would indicate how the natural character of the site
would be maintained or enhanced through such means as
minimizing modifications to natural contours and protecting or
restoring woodlots.
2.7 Land and Resource Use Policies
2.7.1 Any land or resource proposal in the Moraine is intended to be
evaluated for its potential impact on these three natural
systems. As well, any proposal will be required to
demonstrate how its specific planning, siting, design or
construction practices would maintain or enhance the
ecological integrity of the Moraine.
2.7.2 In this regard, an Environmental Impact Study would be
required for Official Plan amendments, plans of subdivision,
Full or Class Environmental Assessments, and /or new or
expanded aggregate extraction licensing. A less detailed
Environmental Impact Statement would be required for
rezonings, severances, wayside pit licensing, and /or major
site plan amendments for aggregate extraction licenses.
2.7.3 Hamlets anticipating growth beyond minor infilling will
require a comprehensive servicing strategy to address long
term water supply and sewage disposal needs to the
satisfaction of the Ministry of Environment and Energy and the
Ministry of Municipal Affairs. Country Residential
development or severances are discouraged and would require a
comprehensive municipal -wide assessment to address cumulative
social, economic and environmental effects.
2.7.4 The ORM Strategy would be paramount over other provincial
y respect to aggregate resource
Policy Statements. With r
REPORT NO.: PD- 103 -94
PAGE 7
extraction, any restrictions or limitations required to
maintain the ecological integrity of the Moraine would take
priority over the provisions of the Mineral Aggregate Resource
Policy Statement. Other resource uses such as peat extraction
would be prohibited, while top -soil removal would be
discouraged.
2.7.5 The expansion or establishment of major recreation uses on the
Moraine such as golf courses, ski hills, major campground
facilities, and recreational theme parks, would require an
Official Plan Amendment and appropriate zoning. Minor
recreation uses such as hiking trails and picnicking would be
permitted in Natural Core and Corridor Areas and Significant
Hydrogeological Features provided the potential impacts on
form and function are minimized.
2.7.6 No new public utilities or extensions to facilities such as
roads, pipelines, railways, hydro transmission lines, and
municipal services would be permitted in Core Areas except
when essential to public well- being, no reasonable
alternatives exist, and proposed planning, siting, design and
construction practices mitigate negative impacts.
2.8 Boundaries of the Moraine
2.8.1 The Strategy notes that the 'Oak Ridges Moraine Area' was
defined by the TWC based on a combination of geological,
hydrogeological and topographical features and attributes (see
Attachment No. 2). The 'Oak Ridges Moraine Planning Area' was
used to define the Moraine on an administrative basis in order
to deal with land and resource management issues at the edge
or periphery of the Moraine Area. The Planning Area is not
indicated on Attachment No. 2, but can be described as a
'squared -off' boundary running just outside and parallel to
the boundary of the Moraine Area.
5 9 .. `
PAGE 8
2.8.2 The provisions of the Strategy are intended to apply to lands
within the Oak Ridges Moraine Area. For lands within the
Planning Area, the implementation body may require the
proponents of development proposals to assess the impact of
their proposal on the Moraine.
2.8.3 A detailed explanation of how the boundaries for the Moraine
Area were developed is contained in a report prepared by the
Committee entitled 'Definition and Boundaries of the Oak
Ridges Moraine Area - A Discussion', released in April 1994.
2.8.4 The report also presents possible additions and deletions to
the Moraine Area. The possible additions proposed within
Clarington are the headwaters of the Bowmanville Creek west of
Enniskillen and a portion of the headwaters of the Ganaraska
River north of Kendal, also as shown on Attachment No. 2. No
areas within Clarington are proposed to be deleted from the
Moraine. Comments are requested on the possible additions and
deletions to the Moraine, as well as the boundaries identified
by the Committee.
2.9 IMPLEMENTATION
2.9.1 The Strategy recommends that the provincial government
formally endorse the Strategy and direct the Ministries of
Natural Resources, Environment and Energy, and Municipal
Affairs to establish a coordinated provincial approach in the
review of planning and development applications processed
under the Planning Act and the Environmental Assessment Act.
2.9.2 It is also recommended that the Province identify an
appropriate option for the implementation of the Strategy
based on an evaluation prepared by the TWC. Three potential
options have been identified:
• A Policy Statement under Section 3 of the Planning Act,
• A Provincial Plan under the Ontario Planning and
Development Act,
.�. .� 11 nofflow
® A Provincial Plan under new legislation.
2.9.3 The Strategy also recommends that the TWC be directed to
prepare a proposed five year action plan for the
implementation of the Strategy, and to make a recommendation
on the establishment of an appropriate implementation body.
2.9.4 Roles and Responsibilities of the Implementation Body
2.9.4.1 It is the Strategy's intention that the implementation body
would be responsible for overseeing and coordinating the
implementation of the Strategy, including the specific tasks
discussed below.
2.9.4.2 The policies of the Strategy are to be integrated into
established planning and regulatory systems, through a number
of methods, including:
• approval of appropriate amendments to official plans, to
be completed within 18 months of the Province's endorsement of
the Strategy;
• review of approaches to dealing with aggregate
extraction;
• investigation of means to reduce road salt and sand
pollution;
• development of comprehensive land and resource use
planning approaches;
• identification of a range of communal water supply and
sewage treatment facilities;
• identification of pilot projects to demonstrate the use
of new design techniques such as cluster developments,
communal servicing, and /or innovative private disposal
systems.
2.9.4.3 The Strategy also recommends that additional steps be
considered to enhance the assessment of the cumulative effects
of land or resource use proposals. . This would include
encouraging Conservation Authorities and municipalities to
REPORT NO.: PD- 103 -94
PAGE 10
develop planning approaches that assess proposed changes in
land or resource use on a municipal wide basis or on the basis
of appropriate ecological units such as subwatersheds and
landscape units.
2.9.4.4 The Strategy recommends that the implementation body establish
both a framework for the collection and sharing of biophysical
information about the Moraine, and a system to monitor the
environmental health of the Moraine and to evaluate whether
the intent of the Strategy has been integrated into relevant
planning and regulatory systems.
2.9.4.5 The implementation body would also act as the coordinating
body for the long term development, management and maintenance
of an Oak Ridges Moraine Trail System. The Strategy adopts
the existing Pine Ridge Trail System as the interim trail,
with a preferred trail to be developed in consultation with
the public, municipalities and other trail associations.
3. SUBMISSION MADE BY STORM AND SAGA
3.1 The letter submitted by Ms. Niva Rowan on behalf of STORM and
SAGA (Attachment No. 1) outlined a number of concerns with
respect to Staff Report PD- 78 -94. These concerns are
discussed in this section, with the STORM /SAGA comments
presented in bold. Where Staff considers it appropriate, the
STORM /SAGA position has been reflected in the recommended
comments on the Draft Strategy as presented in Section 4.
3.2 No reference has been made in the Staff Report as to the poor
coverage that agriculture was given in the Strategy (one
page). The agricultural lands on the Moraine must be
protected.
3.2.1 Staff note that the Strategy (Section 6.4.4 a) states that the
basic principles and requirements of the Foodland Guidelines
or any successor thereto shall continue to apply to farmland
REPORT NO.: PD- 103 -94
PAGE 11
within the Oak Ridges Moraine Area. The Guidelines and their
intended replacement, the 'Agricultural Land Policies'
recently released as part of the Province's Comprehensive Set
of Policy Statements, protect agricultural land.and uses. In
this regard, there is no need to specifically repeat these
policies in the Strategy.
3.3 The boundary of the Oak Ridges Moraine presented in the draft
Clarington Official Plan does not conform to the boundary
presented in the Durham Region Official Plan. The draft
Clarington Official Plan deletes a portion of the Wilmot Creek
headwaters north of Leskard from the Moraine in order to
access the gravel deposit owned by the Municipality.
3.3.1 Staff note that this Staff Report is intended to address
issues related to the draft Strategy for the Oak Ridges
Moraine. The Moraine boundary as presented in the draft
Official Plan is more appropriately considered as part of the
Official Plan Review process. It is worth noting that the
approval of a substantial portion of the Moraine boundary in
the Regional Official Plan has been deferred by the Ministry
of Municipal Affairs. Staff also note that the Municipality
does not own any existing or potential aggregate extraction
sites north of Leskard in the Wilmot Creek headwaters.
3.4 The headwaters of Bowmanville Creek, Wilmot Creek, and the
Ganaraska River should be added to the Moraine.
3.4.1 Staff have recommended that Council support the inclusion of
the Bowmanville Creek headwaters and the Ganaraska River
headwaters in the Oak Ridges Moraine (Section 4.4). As noted
above, the issue of including the Wilmot Creek headwaters will
be addressed through the Official Plan Review.
3.5 Ten hectare woodlots should be used as the minimum size for
defining non - planted rest areas as Natural Core Areas.
REPORT NO.: PD- 103 -94
PAGE 12
3.5.1 Staff have no technical basis on which to contradict the
position presented in the Background Paper on the Natural
Heritage System that 30 ha should be used. Staff's
recommended position (Section 4.7) is that the Strategy should
not preclude municipalities from protecting woodlots smaller
than 30 ha.
3.6 The Staff Report erroneously states that "some members" of the
Technical Working Committee propose to permit extraction in
Natural Core and Corridor Areas. The Aggregate Producers of
Ontario representative is the only member which requested this
exception.
3.6.1 The wording used in the Staff Report was taken directly from
the draft Strategy (p. 59).
3.7 Aggregate extraction should not be permitted in the Ganaraska
Forest.
3.7.1 Staff have recommended (Section 4.8) that aggregate extraction
not be permitted in the Ganaraska Forest.
3.8 The Municipality should not condone aggregate extraction in
all Natural Core and Corridor Areas in order to facilitate the
licensing of a municipal aggregate extraction operation.
3.8.1 Planning Department Staff cannot recommend a position on this
matter to Council and specifically request that Council
provide appropriate direction, as indicated by Section 4.8 and
Recommendation No. 3.
3.9 The statement in the Staff Report that the required studies to
implement the Oak Ridges Moraine strategy "must be reasonable
and required only if necessary" should be clarified.
3.9.1 The various studies necessary to fully implement the Strategy
9 UV X17
REPORT NO.: PD- 103 -94
PAGE 13
could place an enormous financial burden on the Municipality.
The growth pressures on the Moraine are limited in comparison
to other areas of Clarington and Council must establish
priorities in its expenditure of municipal funds.
3.10 The proponents of development should be required to pay for
any Environmental Impact Studies required by the draft
Strategy under the supervision of the Planning Department.
3.10.1 Staff concurs with this position which is reflected in Section
4.11 of this Report.
3.11 SAGA /STORM supports the option of a Provincial Plan for the
Moraine under the Planning and Development Act in order to
implement the Oak Ridges Moraine Strategy. This option could
provide permanent protection for the Moraine and would ensure
that the overall vision for the Moraine is not lost. A Policy
Statement is too flexible and would leave the implementation
of the Strategy in the hands of municipalities. This option
would also impose additional administrative and staffing costs
on municipalities.
3.11.1 Staff appreciate STORM's /SAGA's concerns regarding the
consistency of the implementation of the Oak Ridges Strategy:
However, Staff's recommended position remains that a Policy
Statement under Section 3 of the Planning Act is the most
appropriate mechanism for the Oak Ridges Moraine Strategy
(Section 4.12). This recommended position is also
specifically stated in Recommendation No. 4 to this Report.
With regard to the comment regarding increased costs, Staff
note that significant involvement by municipal staff would be
required under any of the implementation mechanisms to ensure
local concerns are addressed.
4. COMMENTS
4.1 The draft Strategy for the Oak Ridges Moraine is very detailed
G ... '.� ....
ID
REPORT NO.: PD- 103 -94
PAGE 14
and proposes a number of policies and programs which will
substantially affect the manner in which the Municipality
deals with land use on the Moraine. However, the main focus
of the Strategy - the protection, planning and management of
the Oak Ridges Moraine to maintain and enhance its ecological
integrity - is substantially reflected in the draft Clarington
Official Plan.
4.2 Staff's comments on issues of specific relevance to the
Municipality are presented below. As well, comments are
provided on some of the issues identified by the Technical
Working Committee as requiring further input.
4.3 The boundaries of the Oak Ridges Moraine should be based on
easily definable features, and should correspond to property
lines wherever possible.
4.3.1 The draft Strategy proposes to define the boundary of the
Moraine on the basis of physical features and functions.
However, the boundary of the Moraine as proposed in the draft
Clarington Official Plan is based on definable physical
features such as road allowances and property lines. A
similar approach is used by the Regional Official Plan.
4.3.2 The use of regular boundaries to define the Moraine would be
easier to administer for planning agencies and the Province's
implementation body, and thus would facilitate the
implementation of the Strategy. Regular boundaries would also
enable property owners to clearly define whether their lands
lie within the Moraine. The use of property lines to define
the Moraine in this regard is particularly important.
4.4 The Municipality of Clarington supports the inclusion of the
headwaters of Bowmanville Creek and the Ganaraska River in the
Oak Ridges Moraine.
9-9- ,, i 19
REPORT NO.: PD- 103 -94
PAGE 15
4.4.1 The Bowmanville Creek and the Ganaraska River and their
valleys provide significant habitat for fish and wildlife and
significant recreational opportunities for residents of
Clarington and beyond. As such, the protection of their
headwaters is fundamental to the maintenance of these
important biophysical features. The draft Clarington Official
Plan includes both of these headwater areas within the Oak
Ridges Moraine (see Attachment No. 2).
4.5 The definition of a Natural Heritage System, a Water Resource
System, and a Landform Conservation System is appropriate for
the protection of the ecological integrity of the Oak Ridges
Moraine.
4.5.1 These three systems would appear to capture those attributes
of the Oak Ridges Moraine which define its significance within
the Greater Toronto Bioregion. The draft Official Plan
(Section 4.2.2) recognizes these features and functions of the
Moraine as worthy of protection.
4.6 The Municipality is concerned that some of the recommendations
in the Strategy may be based on incomplete information.
4.6.1 Given the significance of the Strategy to governing future
land use and resource extraction in the Oak Ridges Moraine, it
is imperative that the Strategy's recommendations be based on
information that is as current and as complete as possible.
4.6.2 Staff note the available data base used to identify the
Natural Heritage, Water Resource and Landform Systems is not
consistent across the Moraine. One example of the
inconsistency in the data base is the information on
groundwater available from well records. This information was
used to help define the extent of the Water Resource System.
However, there is much less information from well drilling
REPORT NO.: PD- 103 -94
PAGE 16
available in Durham Region than in other regions where there
is more extensive development on the Oak Ridges Moraine.
4.6.3 As well, the information base used to identify environmentally
sensitive areas is not complete or up -to -date. The Central
Lake Ontario Conservation Authority Environmental Sensitivity
Mapping Study was undertaken in 1979, while the Ganaraska
Region Conservation Authority inventory of environmentally
sensitive sites is incomplete.
4.7 The Municipality does not object to the 30 ha minimum size
criteria being used to define non - planted forest areas as
Natural Core Areas, provided there is sufficient flexibility
within the Strategy to permit municipalities to protect
smaller woodlots.
4.7.1 The TWC specifically requested comments on whether 10 ha, 20
ha or 30 ha should be used as the minimum size criteria in
defining non - planted forest areas as Core Areas.
4.7.2 The draft Clarington Official Plan defines woodlots as forming
part of the designated Green Space System, and states that
significant woodlots on both publicly and privately owned land
are to be protected and managed. Significant woodlots within
the Municipality are identified on Schedule C to the Plan on
the basis of a number of criteria, including age, continuity
of edge, and function.
4.7.3 Staff agree that forested areas smaller than 30 ha may not be
regionally significant within the context of the entire Oak
Ridges Moraine, and therefore may not merit designation as
Core Areas. However, such woodlots may be locally significant
for such functions as wildlife habitat or maintenance of
groundwater recharge areas. Therefore, the Strategy should
not preclude municipalities from protecting smaller woodlots
REPORT NO.: PD- 103 -94
PAGE 17
on the basis of criteria which may be more sensitive to local
conditions.
4.8 Staff cannot recommend a position to Council on whether
aggregate extraction should be permitted in Natural and Core
and Corridor Areas, and request that appropriate direction be
provided in this regard (Recommendation No. 3). Staff do
recommend however, that no aggregate extraction be permitted
within the Ganaraska Forest.
4.8.1 Some members of the TWC propose to permit aggregate extraction
in those portions of Natural Core and Corridor Areas that
contain early successional woodlands (ie. less than 60 years)
and conifer plantations. It is their position that such sites
could be rehabilitated to a condition equal or better than
that which existed prior to extraction. Other members argue
that there is no proof that rehabilitation could achieve this,
and that aggregate extraction would constitute an unacceptable
interruption of natural successional processes.
4.8.2 The draft Official Plan generally allows aggregate extraction
in the Moraine with the exception of the Ganaraska headwaters.
As a very large forested area largely within public ownership,
the headwaters is a valuable and unique resource and should be
protected.
4.8.3 The Municipality owns 143 acres of land in Darlington Township
on a former plantation forest in the Moraine which has been
identified by the Strategy as a Core Area (see Attachment No.
4). In March 1991, Council considered Report WD -28 -91 which
noted that the subject property is located in an area which
has several operating gravel pits, and that the Town's pit on
Morgan's Road was almost depleted. The Town cancelled its
Forest Management Agreement for these lands, and initiated
investigations as to the feasibility of establishing an
aggregate extraction operation on this site. These
,�, ••
Hamm
PAGE 18
investigations which, to date, have cost approximately
$65,000.00, have indicated that workable aggregate deposits
are present on the site. Public Works Staff have indicated it
is their intention to obtain an extraction license for the
site from the Ministry of Natural Resources to obtain
aggregate for municipal use. It should be noted that should
Council opt for the recommendation contained in Section 4.8.5,
the Municipality will effectively eliminate this site for
municipal aggregate extraction.
4.8.4 Staff request that Council provide appropriate direction with
respect to the issue of permitting aggregate extraction in
Natural Core and Corridor Areas, through Recommendation No. 3.
Should Council SUPPORT extraction, appropriate wording for
Recommendation No. 3 would be as follows:
so THAT the Municipality of Clarington does not object to
permitting aggregate extraction in those portions of
Natural Core and Corridor Areas that contain early
successional woodlands or conifer plantations, provided
that no aggregate extraction is permitted within the
Ganaraska Forest; ".
4.8.5 Appropriate wording for Recommendation No. 3 should Council
NOT SUPPORT extraction would be as follows:
of THAT the Municipality of Clarington does not support
allowing aggregate extraction within any Natural Core and
Corridor Area, including the Ganaraska Forest; ".
4.9 The Municipality is concerned with the additional
responsibilities for studies and monitoring which the draft
Strategy proposes to impose on municipalities.
4.9.1 The draft Strategy proposes to require area municipalities to
undertake studies related to the Oak Ridges Moraine,
including:
f._ 1223
. e, * U §= ,
• the investigation and monitoring of groundwater areas
with existing water quality problems, and the
identification of possible solutions;
• the undertaking of a comprehensive servicing strategy for
the expansion of unserviced settlement areas;
• the development of planning approaches to assess proposed
changes in land or resource use on a municipal wide basis or
on the basis of appropriate ecological units.
4.9.2 Staff agree that the implementation of the Oak Ridges Moraine
Strategy will require further study and action. However, the
regulatory environment and the required studies must be
reasonable and required only if necessary. The ability of the
municipality to undertake such studies is constrained and will
be pursued only at the discretion of the Municipality.
4.10 The Municipality of Clarington supports the development of an
Oak Ridges Moraine Trail System.
4.10.1 The draft Strategy proposes the establishment of an Oak Ridges
Moraine Trail Association (ORMTA) to coordinate the long term
development, management and maintenance of the Oak Ridges
Moraine Trail. It is proposed that the ORMTA would initially
be funded by the province but over the long term, would be
expected to be self - financing through sources such as
community support.
4.10.2 The Municipality would support the Strategy's proposal for a
self - financing trial association provided the Municipality is
not expected to assume the financial, operational or
maintenance responsibility for the Trail.
4.11 The concept of an impact assessment as outlined in Section
4.2.4 e) of the draft Strategy is an appropriate mechanism for
the portions of the Oak Ridges Moraine in Clarington for the
purpose of achieving a subwater I approach to assessing the
5, 9,
REPORT NO.: PD- 1 03 -94
cumulative effects of development on water resources. Any
study to assess the effects of development proposals should be
supervised by the appropriate municipality and funded by the
proponent.
4.11.1 Maintaining the integrity of the Water Resource System of the
Oak Ridges Moraine is central to the healthy functioning of
the Moraine and numerous watersheds within the GTA. The draft
Official Plan recognizes the Moraine as a significant
groundwater discharge and recharge area and indicates Council
shall endeavour to maintain the environmental integrity of the
Moraine.
4.11.2 The Strategy proposes to require development proposals to be
assessed through a subwatershed approach in order to
effectively assess the cumulative effects of development on
ground and surface water resources. Two options are advanced
for achieving this, as discussed below:
• An Impact Statements to be prepared by the proponent to
demonstrate that the combined impact of all land and
resource use proposals located within the affected
subwatershed will not substantially affect water
resources (Section 4.2.4 e));
• A Subwatershed Strategy to be prepared by the proponent
in conjunction with a Regional and /or area municipality
that would provide a broad overview approach as to how an
area would be planned, including the identification of
Best Management Practices for all land use or resource
use proposals (Section 4.2.4 f)).
4.11.3 The use of
appropriate
development
Clarington.
more useful
an impact statement would appear to be more
for those areas of the Moraine on which limited
is anticipated, such as in the Municipality of
The development of a subwatershed strategy may be
for those areas of the Moraine which experience
..�
12 2 5
PD-103-94
REPORT NO.:
more intensive development pressure and land use. However,
the Strategy should also indicate that, in order to ensure
the objectivity of any study, the study should be supervised
by the appropriate municipality but be funded by the
proponent.
4.12 Staff recommend that the Municipality of Clarington support a
Policy Statement under Section 3 of the Planning Act as the
appropriate implementation mechanism for the Oak Ridges
Moraine Strategy.
4.12.1 As noted earlier, three possible mechanisms have been proposed
for the implementation of the Oak Ridges Moraine Strategy.
The benefits and disadvantages from the perspective of the
Municipality of Clarington are discussed below.
4.12.2 A Provincial Plan under the Ontario Planning and Development
Act would provide the Province with direct control on the
implementation of the Strategy, and would ensure adherence by
municipalities to the provisions of the Strategy. A
Provincial Plan under New Legislation would provide even
stronger control to the province in the implementation of the
Strategy, and would permit the legislation to be specifically
crafted to fit the needs of the Moraine.
4.12.3 The biggest disadvantage associated with both of these
mechanisms is that they would usurp local authority in the
planning and development approval process. A separate
planning and review agency would also appear to contradict the
general intent of other provincial initiatives to streamline
the process. There would be also be increased costs for the
provincial government associated with establishing a new
provincial agency to rl" { /
a(d'°jyminister the Strategy.
REPORT NO.: PD-103-94
4.12.4 These planning mechanisms may be appropriate for other areas
such as York Region where urban growth areas are substantially
located on the Moraine, but may be unnecessary for Durham
Region where growth is primarily focused on Lake Ontario.
4.12.5 A Policy Statement under the Planning Act would require that
relevant elements of the Strategy be incorporated into the
Official Plan and Zoning By -law. The Policy Statement would
be limited by the range of issues that can be dealt with
through the Planning Act. However, this approach would
provide the greatest autonomy and flexibility to area
municipalities. Staff note that proposed amendments to the
Planning Act would strengthen Policy Statements, by requiring
municipal planning documents to "be consistent with" Policy
Statements, rather than to "have regard to ", which is the
current wording.
4.12.6 None of the three options presented would appear to perfectly
fit the needs of the Oak Ridges Moraine Strategy. However,
Staff support the Policy Statement option for the reasons
discussed above. An implementation body would still be
required to continue to research, to provide support for the
trail association, and to monitor the implementation of the
Policy Statement. This could be accomplished by extending the
mandate of the Technical Working Committee through a special
division within the Ministry of Natural Resources or through
the Office of the Greater Toronto Area.
5.0 CONCLUSIONS
5.1 Staff support the general intent of the Oak Ridges Moraine
Strategy and note that it is substantially reflected in the
draft Clarington Official Plan. However, there will be need
to be further refinements to the draft Official Plan to
incorporate the specific policy directions of the final Oak
Ridges Moraine Strategy.
REPORT NO ®: PD- 103 -94 PAGE 23
5.2 Staff note that, is some cases, the draft Official Plan is
more restrictive than the draft Strategy, specifically by
prohibiting Country Residential development anywhere in the
Moraine and aggregate extraction in the Ganaraska headwaters.
In this regard, municipal Official Plans should be permitted
to be more restrictive than the Oak Ridges Moraine Strategy,
provided the general intent of the Strategy is maintained.
Respectfully submitted,
Reviewed by,
W.H. Stockwell
Chief Administrative
Officer
JAS *DC *FW *df
Attachment 1 - Letter Submitted by STORM /SAGA
Attachment 2 - Listing of Studies
Attachment 3 - Oak Ridges Moraine Map
24 August 1994
Interested parties to be notified of Council and Committee's decision:
Mr. Fred Johnson
ORM Executive Secretary
c/o Ministry of Natural Resources
Trillium Building
10401 Dufferin Street
Maple, Ontario
L6A 1S9
S.A.G.A. (Save the Ganaraska
Again)
c/o Ms. Katherine Guselle
R.R. # 1
Newtonville, Ontario
LOA 1J0
S.T.O.R.M. (Save The Oak Ridges
Moraine)
c/o Mrs. Niva Rowan
R.R. # 1
Newtonville, Ontario
LOA 1J0
Aggregate Producers Association
of Ontario
c/o Mr. Denis Schmiegelow
Highland Creek Sand and Gravel
Co. Limited
Box 338
Pickering, Ontario L1V 2R6
50", 1 I
3�
JUL G U i9�t
Attachment No.. 1
MUNICIPALITY OF GL11,R;I4lGTON
PLANNING DLPPRTi�ENT
fip{ � Wi's `omments to the GP &A Comm., Municipality of Clarington, on
response to the ORM Draft Strategy for the Greater Toronto Area.
July 4, 1994
Thank -you for this opportunity to respond to Report PD- 78 -94. My name is Niva
Rowan and I am here speaking for STORM Coalition, which represents 15 citizen
groups from across the Moraine, and for SAGA, one of those member groups which
has been actively seeking protection for the Ganaraska Headwaters at the table for ding
in 1989. 1 am the delegate at the TWC for STORM, and have
nearly 1112 years in that capacity, and before that alternate Executive member of
Planning Study was initiated in July, 1991. 1 have also be an
both STORM and SAGA since their inceptions in 1989.
In general, 1 think the Background summary of the Strategy is very good, although we
note that no reference has been made to the poor coverage h that agriculture of the s given
in the Strategy - exactly 1 page in the text (pg. 63). Given
Moraine is currently in agriculture ( and I would think it is more in Clarington), and that
this is what gives the Moraine its rural character and is our cultural heritage, we would
like to see some commentary made in your Report regarding this very serious
deficiency in the Strategy. These lands must be protected if we are to sustain our
ability to feed ourselves.
To get to the Report's Comments:
On the Boundary issue. 3.2, we note that Staff agrees with the planning boundary on
the basis of its being more easily defined for out of ORM) issues
we question the
(Cite Kirby Heights at OMB - half in and h a
boundary as advocated in the Cl. O.P. Why wasn't t Durh m O.P.
n requested by already
approved by MMA, adopted? This is the boundary that has
Durham at the TWC, and will most likely be adopted. As well, Durham has requested
that the headwaters of Bowmanville and Wilmot Creeks be added to the Moraine, as
well as the Ganaraska. We note also with some dismay, that there is a large tract
going right up into the Moraine north-of Leskard, which is in the headwaters of Wilmot
Creek, that has been deleted from the Moraine, in order to access the c-avel deposit
which is awned by Glarington. (Map A1, an O P rbitrCompare i efine the boupndary f a
D.O.P. We suggest that a municipality c Y
Landform like the Moraine in order to access its own gravel pit. Anyone who has
traversed the 8th concession and gone up the Leskard Rd. knows they are on the
Moraine, pure and simple.
59 9 1229
2.-
In 3.6.2, we applaud your comments re: the inadequacies in the 3 major studies. As
you know, these studies were done based on current information, with no new
mapping, ground - proofing, or research being conducted. As a consequence, the
Ganaraska area was short- changed in all 3 studies. Of particular concern to SAGA
was the inadequate mapping of ESA's in the al within Clasngton was not e
Landform Conservation Study, the Ganaraska area
addressed properly either.
In 3.7.3, we have one additional comment -.adding the 10 ha woodlots to the Core
areas only amounts to another 2.6 /o in overall land e Moraine, up Moraine. Given tr -hat the
Hydrog. Study advocates more forested areas o
enhancement of the recharge function, another 2.6 % brings the Core and Corridor
areas up to 28.77 % from 26.19 %, as it now stands.
In 3.8, we appreciate the exclusion of the Ganaraska Headwaters for aggregate
extraction, but would like to recommend that you consider excluding all the Core an
Corridor areas for extraction for the following reasons:
In 3.8.1, you erroneously state that " some members', of the TWC propose to
is permit
only
aggregate extraction in Core and Corridor areas....... TfPr
e member has asked for this exception... The Aggregate oducers of Ontario.
Members who were not in agreement with this addition to the Strategy were
numerous: the GRCA, Durham Region, (who have gone on record e he as being totally
opposed to extraction in C and C areas), Peel Region, of
Ontario Naturalists, and in their draft response to the strategy, the Conservation
Council of Ontario. As well, at every Open House ahedldo ac in ross
the Strategy. Moraine durintgithe
past month, citizens have spoken out against this d
true that sites that are extracted could be (cosmetically) rehabilitated,
but can you
imagine this happening in the Ganaraska Forest, ecentl which
celebra celebrated s 50th anniversary?
Conservation Authority in Ontario, having I Y gravel it with all its
For anyone who has walked that Forest, the thought of a working P
attendant noise, dust, smells and size, is an abomination. And we have not even
mentioned the disturbance to the wildlife habitat 60 which would t dith to
progressive rehabilitation, a site can take from 80 Y ears to be extrac
be replanted to a new mixed forest. This is happ that naturally going back to a mixed
plantation forests are gradually becoming successional,
forest naturally. And it would never be rehabilitated to its former landform. Trees can .
be replanted, even a mixed forest can replace a plantation, but the landform would be
changed forever, because the highest parts of the Ganaraska Forest have the
deposits, where extraction could go on for upwards forthe sake of before
a very the site is
depleted. So we level up great expanses o
percentage of aggregate on the whole Moraine. Why does the industry want access, to
the C and C Areas in Clarington? Because inaCllnri� gt H some
Study, and Aggregate
resources are in the Ganaraska area ( see map Y
Study, showing Primary and Secondary Sources). Also, there has been much ate on
concern from citizens about the effect of extracting millions of Tonnes of agg g
5 -9� 1250
3�.
the infiltration of groundwater. This could certainly impact on the complex
discharge /recharge function of the Moraine, and all the headwaters emerging from the
south slope across the Moraine. The industry tells us that it enhances the infiltration,
and would not aff ect this complex process. STORM has asked repeatedly to see the
studies that verify this conclusion, but so far no studies have been forthcoming. We
feel that much more research needs to be done in this area.
In 3.8.2, Staff states that the Town has an aggregate resource on the Moraine which
they would like to licence. We cannot condone such licencing if it will put all of the
Core and Corridor Areas in jeopardy in the rest of Clarington, particularly the
Ganaraska Forest. It is all very well to say no extraction in the Ganaraska Headwaters,
but the primary sources for aggregate are in the Ganaraska Forest, not the
Headwaters (which however will inevitably be impacted as stated). Therefore we are
asking this Committee not to endorse this position in Clarington's response to the
- Strategy.
In 3.9.2, we would like clarification on the statement "...and the required studies must
be reasonable and required only if necessary." What does "reasonable" and "only if
necessary" mean? Surely, a development proposal anywhere on the Moraine merits
these studies, given the fragility of this landscape.
In 3.11.2 and 3, staff are proposing an Impact Statement be prepared by the proponent
rather than a subwatershed plan. Whichever way the final Strategy goes, STORM and
SAGA are suggesting that the proponents pay for such studies, but it must be under
supervision from the Planning Dept. We have had the benefit of talking to many
people across the Moraine in many Municipalities where the pressure from developers
is excessive, We know that Studies done by some consultants give the proponent
what they want to hear. The hiring and supervision of consultants by the municipality
and paid for by the proponent, would eliminate this possible tainting. This has been
done successfully in other municipalities where subwatershed planning is mandatory.
We are after all looking at a strategy which will protect and if possible enhance the
ecological integrity of the Moraine, not make it easier for developers.
In 3.12, the Report states that Clarington supports a Policy Statement as the
appropriate implementation mechanism for the ORM Strategy. STORM and SAGA do
not support a Policy Statement for the very reasons, among others, you give for
supporting it, that is, it would put the implementation of the Strategy into the local
hands of the Municipalities. That means its politicians. Unfortunately, ladies and
gentlemen, Councils come and go. We have a very good Council in place here in
Clarington right now, but we have seen in the recent past, both locally and at the
regional level, very pro - development Councils in office all across the Moraine. The
whole face of this Council could change with the next election. A Provincial Plan
under new legislation like the Niagara Escarpment Plan could permanently protect the
Moraine, which is what we all want. The NEP has just had its 5 yr. review approved
because it is working... it is protecting the ecological sensitivity of the Niagara
Escarpment, The only people who do not like the NEP are developers and large
5 99 z 2.fl 131
landowners on the Escarpment because they cannot develop willy -nilly as they could
in pre; NEP days. Incidently, approvals today on the Escarpment take from 6 to 8
weeks if there are no environmental impacts: (MOEE). There would also be many
hidden costs in a Policy Statement for each municipality, 15 in all across the Moraine
within the GTA, like having to hire your own experts (a hydrogeologist,
biologist/ecologist, etc.) to administer some of the mandatory studies. As well, all
applications will require extra staff to track, monitor, and review those applications, a
wasteful duplication of effort which could be done by one provincial agency for the
whole Moraine. But perhaps the major reason for not going that route is that the
overall vision for the Moraine would be totally lost in the inter- municipal squabbles that
would ensue when 15 jurisdictions and 3.Regions, each with its own O.P., are
attempting to protect their own portion of the Moraine with their own much smaller
visions, The boundary issue is a case in point. And last but not least, we hear much
about the flexibility of a Policy Statement. But we know that a Land Use Plan, either
under the OPDA or its own legislation, can have much flexilbility written into it by the
final Implementation Committee, and like the NEP, have a 5 year review for necessary
changes. At the same time, an ORM Plan would give the entire Moraine within the
GTA the permanent legislated protection we all want for it.
We appreciate the opportunity to respond to this Report and we thank you for including
us in the process.
I would be pleased to answer any questions you might have.
/ �ZL A6,
1232
Attachment No. 2
OAK RIDGES MORAINE PLANNING STUDY
STATUS OF BACKGROUND STUDIES
(as of June 20, 1994)
No.
1
Existing Land Use and Background Study
Draft Completed
No.
2
Biophysical Inventory
Completed
No.
3
Hydrogeological Study
Draft Completed
No.
4
Natural Heritage System Study
Completed
No.
5
Landform Conservation Study
Completed
No.
6
Options for Development
Completed
(Alternate Development)
No.
7
Cultural Heritage Resources
Completed
No.
8
Government Policy
Completed
No.
9
Oak Ridges Moraine Trail System
Draft Completed
Final Draft
No.
10
Aggregate Resources
No.
11
Land Use Impacts
D i s c u s s i o n
Draft Completed
No. 12 Water Supply and Sewage Treatment Completed
Systems (Alternate Servicing) P
No. 13 Cumulative Effects Assessment Completed
No. 14 Long Term Monitoring Completed
No. 15 Implementation Tools Draft Completed
q -0 a_v 1 33
Attachment No- L.
SUB dEC Tmon
LOT 2
CON /0
LOT
0
PROPERTY
poll am amp a iq
71. �41`lmml
<
0
0
•57-9 HECTARES
�
(143 ACRES)
U)
z
z
0
LOT 2 LOT.
CON - -9
REGIONAL
o _
J S UMtC T
C. FO..
PROPER T Y L
20
DRAWN J DATE FEB. 1991
14
ATTACH "E,, i-1- N0.1
10 1 its 7 6 5 ::4
-- MAP
-23
5- 9 123
1
TOWN OF NEWCASTLE
REPORT
File #
Res. #
By -Law #
SPECIAL MEETING OF THE
MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: MARCH 8, 1991
REPORT #: WD -28 -91 FILE #: M.75
SLEJECT: CANCELLATION OF•AGREEMENT WITH THE MINISTRY OF LANDS AND
FORESTS FOR THE MANAGEMENT OF TOWN FOREST,
NORTH HALF OF LOT 1, CONCESSION I%, DARLINGTON
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:.
1. THAT Report WD -28 -91 be received;
2. THAT the Minister of Natural Resources be advised that, in
accordance with Clause 9(1) of the agreement dated June 28, 1971,
between the.. Minister and the Township of Darlington, the Town
chooses Option 1, that is, that the agreement not be renewed;
3. THAT subject to approval of the 1991 Budget, the Treasurer be
directed to forward a cheque, payable to the Treasurer of Ontario,
for $6,378.75 to the Ministry of Natural Resources; and
4. THAT a copy of Report WD -28 -91 be forwarded to Paul Strassburger
and. Joan Brown, Ministry of Natural' Resources, and that they be
advised of Council's decision.
...2
�6
REPORT NO.: WD -28 -91 PAGE 2
REPORT
1.0 ATTACHMENTS
No.l: Key Map
No.2: Agreement dated June 28, 1971, between the Minister
of Lands and Forests and the Corporation of the
Township of Darlington
2.0 INTRODUCTION
2.1 On June 28, 1971, the Minister of Lands and Forests and the
Corporation of the Township of Darlington entered into an agreement
for the management, by the Ministry, of the forest on a 143 acre
parcel of land owned by the Township.
2.2 The agreement expires on April 1, 1991.
3.0 REVIEW AND COMMENT
3..1 Clause 9(1) of the agreement states:
"The Corporation -agrees, during the last twelve
months of the term of this agreement, to select one
of the three options hereinbelow set forth to take
effect upon the expiry of this term of this
agreement."
OPTION 1•
"The Corporation shall pay to the Minister the amount without
interest of the costs incurred by the Minister in connection
with the management of the Forest Area after deducting
therefrom the amount without interest of the revenues received
by the Minister in connection with the management of the
Forest Area provided that in the event the said revenues
exceed the said costs the excess will be paid to the
Corporation.
...3
,1.; 1237
REPORT NO.: WD -28 -91 PAGE 3
OPTION 2:
"The Corporation shall grant the lands in the Forest Area to
her Majesty the Queen in right of Ontario as represented by
the Minister of Lands and Forests, in fee simple, free from
encumbrances and shall execute a conveyance of the lands in
the Forest Area upon payment by the Minister to the
Corporation of the purchase price paid by the Corporation for
the lands in the Forest Area."
OPTION 3•
"The Corporation may extend the term of this agreement for a
period of not less than twenty and not more than fifty years. "
3.2 This property is located in an area which has several operating
gravel pits. The Town's gravel pit located on Morgans Road is
almost depleted. It is therefore desirable to determine if this
property has potential for operating as a gravel pit and if so, to
develop it.
It is therefore recommended that Option 1 be
selected and the agreement not be renewed with the
Minister.
3.3 The Ministry of Natural Resources (formerly Lands and Forests) has
advised that the amount owing by the Town to the Ministry for the
costs incurred by the Minister in connection with the management
of the Forest Area is $6,378.75.
3.4 Funds have been provided in the 1991 Budget ($20,000) to pay the
$6,378.75 to the Minister and to provide funds to carry out soil
investigations on the property and to determine the feasibility of
developing the property as a gravel pit.
3.5 The Ministry of Natural Resources has advised that even though the
Town chooses not to renew the agreement with the Ministry, they
will provide. the .Town with. - advice, free—of charge, on the
management of the forest.
.: 4
J 'i y
REPORT NO.: WD -28 -91 PAGE 4
Respectfully submitted,
- ---------------- - - - - --
Walter A. Evans, P.Eng.,
Director of Public Works
WAE *llv
February 18, 1991
Attachments
Recommended for presentation
to the Committee,
------------------ --- - - - - --
Lawrence E. Kotseff,
Chief Administrative Officer
Cheque and Ministry of Natural Resources
Report to: P. O. Box 1000
258 Queen Street East
Sault Ste. Marie, Ontario
P6A 5N5
Attention: Joan Brown
Report to: Ministry
322 Kent
Lindsay,
K9V 4T7
Attentioi
District
of Natural Resources
Street West
Ontario
z: Paul Strassburger
Manager, Lindsay District
0 `% {_y 1
0
LOT 2 LOT
CON /0
SUBdECTmoomm.,
PROPERTY
z
w�7
0
.57-9 H ECTARES-
0 °C R JES
143 ACRES)
z
. .........
Z
-i
LOT 2 LOT
CON -9
-REGIONAL ROAD 20
s UIRIIEC T
C, 0.
PROPER T Y
IX
;-& K
DRAWN J M DATE : FEB. 1991
14
0
j:E:Y�. MAP
14 ATTACH "—H N0.1
%_!Lilol E
4 0,
f
Form TM -647 -R (rev 1270)
AGREEMENT made 'this )-& day of
19� ( pursuant to The Forestry Act and Th TTree® Act.
BETWEEN:
THE MINISTER OF LANDS AND FORESTS
or the Province of Ontario, herein
called "Minister ",
AND
THE CORPORATION OF THE'
TOWNSHIP OF DARLINGTON,
herein called "Corporatioa ".
WHEREAS the parties hereto have previously entered into
an agreement whereby the Minister agreed to manage for forestry,
purposes lands acquired by the Corporation
I
AND WHEREAS The Forestry Amendment Act, 1967 re- defined
the term "fordstry purposes" to include the production of wood and
wood products, provision of proper environmental conditions for
wild life, protection against floods and erosion, recreation, and
protection and production of water supplies;
AND WHEREAS the parties hereto desire to terminate and
replace the said agreement with these presents made under section 2
of The Forestry Act as amended;
NOW THEREFORE this agreement witnesses that in
consideration of the mutual promises, covenants, agreements and
undertakings herein contAl net? the Minister and Corporation
agree each with the other as follows:
1. The C orporadon does hereby demise and lease unto
the Minister the lands, hereinafter referred to as the "Forest
1 2 4 I
ATTACKNEN A
JD -268-91
- 2 -
Area ", described in Schedule "A" for the term of 20 years
commencing with the 1st day of April 1971
2. Subject to paragraph 10 and provided that moneys are
appropriated therefor by the Legislature of Ontario, the Minister
agrees,
(a) to manage the Forest Area for the
forestry purposes agreed upon by the
Minister and Corporation
(b) to furnish such equipment, plant such
trees, erect and maintain such fences,
Structures, buildings and improvements
and do such other work that may in his
opinion be required in connection with
the management of the Forest Area; and
(c) that the costs incurred in the
management of the Forest Area will be
borne by the Minister.
3. The Corporation agrees that the Minister during
the term of this agreement or any renewal thereof may sell,
lease or otherwise dispose of the trees or products therefrom,
structures, buildings or improvements now or hereafter growing
or erected on the Forest Area, and shall be entitled to the.•
revenues derived therefrom.
4. (1) The Minister agrees to furnish a report to the
Corporation within twelve months after the termination of
each year of the term of this agreement or any renewal thereof,
setting out the expenditures made, the revenues received, the work
done in respect of the Forest Area during the year covered by the
report and the work, with estimated costs and revenues, proposed
to be done in the year following the year reported.
(2) In this paragraph the, word "year" means a period
commencing with the lst day of April and ending with the 31st day
of March next following.
(3) The Minister and Corporation agree to hold
meetings from time to time to discuss matters arising under this
agreement.
5. Where the Corporation , with the written approval
of the Minister, sets apart any additional land or acquires any
additional land for the purpose of this agreement and files with
(�`j� 2.
- 3 -
the Minister proof of ownership satisfactory to the Minister and
a lease in quintuplicate of the land substantially in accord with
Schedule "B",
(a)
(b)
Schedule "A" shall be deemed to be
amended to include the land so set
apart or acquired; and
the Minister may make a grant out of
the moneys appropriated therefor by_
the Legislature of Ontario to the
Corporation for the purpose
of assisting it in the acquisition
of the land of an amount to be determined
by the Minister but not exceeding 75% of,
( i) the purchase price paid by
the Corporation for
the land, and
(ii) the solicitor's fees and
disbursements paid by the
Corporation to secure
title to the land in its name.
6. In the event the Minister and Corporation agree tc
terminate this agreement in respect of any part of the Forest Area
the Corporation agrees to pay to the Minister the costs,
without interest, determined by the Kinister'to have been incurred
in managing such part of the Forest Area after deducting therefrom
the revenues, without interest, determined by the Minister to have
been received from the management of such part of the Forest Area -
provided that in the event the said revenues exceed the said costs.
the Minister agrees to pay the excess to the Corporation
provided that moneys are appropriated therefor by the Legislature
of Ontario.
7. The Minister agrees that the Corporation may make
payments to the Minister from time to time in respect of the costs
incurred by the Minister in the management of the Forest Area, and
that such payments will be deemed to be revenues received by the
Minister in the management of the Forest Area.
8. The Corporation
payments to the Corporation
agrees that the Minister may make
from time to time in respect of
the revenues received by the Minister in the management of the
Forest Area, and that such payments will be deemed to be costs
incurred by the Minister in the management of the Forest Area.
`)9� 1243
• (1) The Corporation agrees, during the last twelve
onths of the term of this agreement, to select one of the three
ptions hereinbelow set forth to take effect upon the expiry of
he term of this agreement.
(2) The Corporation agrees to advise the Minister in
riting of the selection made pursuant to subparagraph 1 before the
xpiry of the term of this agreement.
(3) In the event the Corporation fails to comply with
ubparagraphs 1 and 2, the Corporation shall be deemed to
ave selected Option 3 for a period of twenty years.
1:
The Corporation shall pay to the Minister the
amount without interest of the costs incurred by the Minister in
;onnection with the management of the Forest Area after deducting
herefrom the amount without interest of the revenues received by
he Minister in connection with the management of the Forest Area
rovided that in the event.the said revenues exceed the said costs
he excess will be paid to the ' Corporation .
ON 2:
The Corporation shall grant the lands in the Forest
rea to Her Majesty the Queen in right of Ontario as represented by
he Minister of Lands and Forests, in fee simple, free from
ncumbrances and shall execute a conveyance of the lands in the
crest Area upon payment by the Minister to the Corporation
f the purchase price paid by the Corporation for the lands
n the Forest Area.
The Corporation may extend the term of this
greement for a period of not less than twenty and not more than
ifty years.
0. (1) Where the Minister agrees to manage any part of the Forest
rea for recreation, the Corporation agrees that the
rovisions of this paragraph are applicable in respect of each
I �
D9
1244
- 5 -
recreational project.
(2) where the Minister agrees to bear all costs in respect c
a recreational project, the Corporation agrees that the
Minister may retain all revenues received in respect of the
recreational project.
(3) where the Minister *and Corporation agree to
equally share all costs and revenues in respect of a recreational
Project, the Minister agrees to pay -to the Corporation
one -half of all revenues, if any, received in respect of such
project at the end of the year in which such revenues are received
and the Corporation agrees to reimburse the Minister
one -half of the capital, maintenance and operating costs in
respect of such project in the manner following;
(a) one -half of the capital costs of such
project incurred in each year at the
end of such year or on completion of `
such project, whichever first occurs
in any year.
(b) one -half of the maintenance and
operating costs in respect of such
project incurred in each year at
the end of such year.
(4) The Minister and Corporation agree that
Paragraphs
3, 7 and 8 shall not apply in respect of any recreational project
on the Forest Area and that the costs and revenues in respect of
each such recreational project shall not be reckoned for the
Purpose of OPTION 1.
11. The Minister and Corporation agree that this
agreement and any lease filed with the Minister under paragraph 5
shall be registered in the proper registry or land titles office in
accord with The Forestry Act.
12;. The Minister and Corporation agree that any disput
as to the true intent and meaning of this agreement may be referred
to arbitration under The Arbitrations Act provided that no such
reference shall be made unless 60 days, written notice is given
by the party intending to make such reference to the other party
to this agreement.
13. The parties hereto further covenant and agree that the
124D
f11
0
s
- 6 -
agreement made the 19th day of August , 1964 between the
Minister and Corporation is hereby terminated and
replaced as of the 31st day of March 1971
IN WITNESS WHEREOF the Minister has hereunto set his
hand and the seal of the Department of Lands and Forests and the
I
Corporation has hereunto set its seal, attested by its
proper officers duly authorized in that behalf.
SIGNED, SEALED and DELIVERED )
in the presence of )
as to execution by the Minister ) MINISTER OF LANDS AND FORESTS
of Lands and Forests for the )
Province of Ontario. )
THE CORPORATION OF THE
TOWNSHIP OF DARLINGTON
And:
5 � , U, i �? 6
SCHEDULE "A"
ALL and premises situ t n
e, ND
ying and being g in the Township of Darlington in the
d
County of Durham and Province of Ontario and being more particularly
described as follows:
FIRSTLY; The north half of Lot 1 in Concession IX of tho said township
containing 100 acres be the same more or lees,
SAVING AND EXCEPTING thereout and therefrom that portion
thereof that is included in the land described as follows:
COMMENCING in the front of the said Concession at the south-
east angle of the said lot;
THENCE north sixteen degrees west a distance of sixty -six
chains and ten links;
I
THENCE south seventy -four degrees west a distance of nine
Chains and forty -eight links;
THENCE south sixteen degrees east a distance of sixty -six
chains and ten links more or lees to the front of the said concession;
THENCE north seventy -four degrees east along the said
front to the place of beginning.
SUBJECT to an easement of The Hydro - Electric Power Com-
mission of Ontario described in instrument registered as number 19403.
SECONDLY: The northeast quarter of Lot 2 in Concession IX of the said
township and being all the east half of the said Lot 2 not heretofore sold
and conveyed by one William Clemens to one Andrew Brown by deed dated
June 16, 1875 and registered June 28, 1875 as number 2078.
SUBJECT to an easement of The Hydro - Electric Power
Commission of Ontario described in instrument registered as number 19403.
5 `.9 -- j �j —
1247
E
i
SCHEDULE "Bn
ITHIS
INDENTURE made
the
day of
19 pursuant
to The Forestry
Act
and The Trees Act, '
BETWEEN:
THE CORPORATION OF THE
TOWNSHIP OF DARLINGTON,
herein referred to as the Lessor,
OF THE FIRST PART;
AND
THE MINISTER OF LANDS AND FORESTS
or the Province of Ontar o ere
, in
referred to as the Lessee,
OF THE SECOND PART.
WITNESSETH that pursuant to and in consideration of
the agreement dated the day of
19 ,
between the parties hereto, registered in
as instrument number on the day of
19 , the Lessor doth demise and lease unto the Lessee
ALL AND SINGULAR that certain
parcel or tract of land and premises
situate, lying and being in the
y 1 24
from the date hereto until the 31st day of March , 1991
IT IS HEREBY DECLARED AND AGREED that the lands herein
demised shall be deemed to be included in Schedule „An and to be
subject to the terms and conditions of the aforesaid agreement.
IN WITNESS WHEREOF the Lessee has hereunto set his hand
and the seal of the Department of Lands and Forests, and the
Lessor has hereunto set its seal, attested by its proper officers
duly authorized in that behalf.
SIGNED, SEALED and DELIVERED
in the presence of
as to execution by The Honourable
Minister of Lands and Forests
for the Province of Ontario.
MINISTER OF LANDS AND FORESTS
THE CORPORATION OF THE
TOWNSHM OF DARLINGTON
By:
�I
And:
{__ i 49
G.P.& A. Minutes
- 11 - March 18, 1991
PUBLIC WORKS DEPARTMENT
Drainage Concern
Resolution #GPA- 200 -91
Mr. Fred Koning
33 Second Street
Moved by Mayor Hubbard, seconded by Councillor Deegan
Bowmanville
E09.227.DR
THAT Report WD -36 -91 be received;
eTHAT
Mr. Koning's request for a culvert be denied; and
THAT Mr. Koning be advised of Council's decision.
'
"CARRIED"
'
UNFINISHED BUSINESS
Cancellation of
Resolution #GPA - 201 -91
Agreement with the
'
Ministry of Lands and
Moved by Mayor Hubbard, seconded by Councillor Hooper
Forests
L04.1473.DA
THAT Report WD -28 -91 be received;
THAT the Minister
of Natural Resources be advised that, in accordance
with Clause 9(1) of the agreement dated June 28, 1971, between the
Minister and the Township of Darlington, the Town chooses Option 1,
Ff
that is, that the agreement not be renewed;
THAT subject to approval of the 1991 Budget, the Treasurer be
directed
to forward a cheque, payable to the Treasurer of Ontario, for
$6,378.75 to the Ministry of Natural Resources; and '
THAT a copy of Report WD -28 -91 be forwarded to Paul Strassburger and
Joan Brown, Ministry of Natural Resources, and they be advised of
Council's decision.
"CARRIED"
Proposed Installation
Resolution #GPA- 202 -91
of Road Crossing
Warning Signals at
Canadian National
Moved by Councillor Hooper, seconded by Councillor Harare
Railway Level Crossing
Toronto Street
THAT Report WD -29 -91 be received;
T07.428.GE
THAT subject to approval of the 1991 Budget, the Canadian National
Railway be advised that the Corporation of the Town of Newcastle agrees:
a) to pay 12 1/2% of the costs of the installation of Road Crossing
Warning Signals at the level crossing of Canadian National Rail and
Toronto Street in the Village of Newcastle, C.N. Mile 286.75,
Kingston Subdivision; and
b) to pay 50% of the cost of the maintenance of the Road Crossing
Warning Signals; and
_c)_ 1- L 1 1