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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