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HomeMy WebLinkAboutPD-127-89DU " • TOWN OF NEWCASTLE REPORT File # . ' Res. #LP.�1._s� /c By -Law # MEETING: General Purpose and Administration Committee DATE: Monday, May 15, 1989 REPORT #: PD- 127 -89 FILE #: PLN 17.1 SUBJECT: PROPOSED PROVINCIAL POLICY STATEMENT WETLANDS FILE: PLN 17.1 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD- 127 -89 be received; 2. THAT the Minister of Municipal Affairs and the Minister of Natural Resources be advised that the Town of Newcastle has no objection in principle to the Wetlands Policy Statement; and 3. THAT a copy of Staff Report PD-127-89 and Council's resolution in this matter be forwarded to the Minister of Municipal Affairs, the Minister of Natural Resources, the Region of Durham and the Association of Municipalities of Ontario. ...2 D J REPORT NO.: PD-127-89 R-10000��•� The Minister of Municipal Affairs and the Minister of Natural Resources have issued a proposed Policy Statement on Wetlands for public review and comment. Under Section 3 of the Planning Act, the Minister of Municipal Affairs can issue policy statements on matters relating to municipal planning that, in the opinion of the Minister, are of Provincial interest. Thereafter, in exercising their authority in planning matters, municipalities, local boards, every ministry, board, commission or agency of the government shall have regard to such policy statements. The Wetlands Policy Statement has equal weight and must be considered in conjunction with other Policy Statements issued under the Planning Act, such as Housing and Foodland Preservation, which may also have an impact on the management and use of wetlands. 1.2 Implementation Guidelines for the proposed Policy Statement have been released concurrently by the Ministries. Although not part of the Policy Statement, the Guidelines are designed to assist in the implementation of its policies. 1.3 Comments on the draft Wetlands Policy Statement are required to be submitted to the Ministry of Municipal Affairs and the Ministry of Natural Resources by June 1, 1989. 2. SUMMARY OF THE WETLANDS POLICY STATEMENT 2.1 Basic Principles 2.1.1 The Policy Statement defines wetlands as being lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the surface. Their importance to the maintenance and improvement of water quality, flood control, the provision of fish and wildlife habitat, and outdoor recreation and tourism is noted. Many wetlands have disappeared through urban encroachment, land clearance, drainage and filling. 3 system for identifying and classifying wetlands in order to measure wetland values. This Evaluation System identifies seven different classes of wetlands. As of October, 1988, almost all Class I through III wetlands in that area of Ontario south of the Canadian Shield had been evaluated. 2.1.3 The Wetlands Policy Statement replaces the Guidelines previously issued as the Province's expression of policy on wetlands management. The Evaluation System continues to be used as the basis for classifying wetlands, with Class I and II wetlands defined by the Policy Statement as being Provincially Significant, Class III wetlands as Regionally Significant and Class IV to VII wetlands as locally significant. 2.2 Policies 2.2.1 The Wetlands Policy Statement states that all municipalities, planning boards and resource management agencies shall identify and protect provincially significant (Class I and II) wetlands within their jurisdictions in the context of local, regional and provincial land use planning objectives. In this regard, municipal Official Plans are required to identify and protect provincially significant wetlands. The Implementation Guidelines issued with the Policy Statement suggest that such wetlands may be identified on a land use schedule in the Official Plan, on a separate schedule which forms part of the Official Plan, or described in the text of the Plan. 2.2.2 The Implementation Guidelines also suggest two options which may be used in a municipal Official Plan to protect Class I and II wetlands. The "No Development Approach" would be the most restrictive in that no ...4 J1: 7 -) REPORT NO.: PD-127-89 PAGE 4 ----------------------------------------------------------------- _ -------------- new development would be permitted on or adjacent to the wetland. Existing buildings or structures would be recognized as legal non-conforming uses, but no expansions, alterations or additions would be permitted without an amendment to the official Plan. It is also suggested that the Official Plan contain a policy which requires the wetland and adjacent lands to be included in a restrictive zoning category. The second suggested option for protecting wetlands in Official Plans is the "Compatible Development Approach". This would permit certain types of development compatible with the wetland on adjacent lands, but no development could occur within the wetland boundary. Alternatively, certain types of compatible development would be permitted both within the wetland boundary and on adjacent lands. In either case, a policy should also be included in the Official Plan which requires the wetland and adjacent lands to be placed in a restrictive zoning category. 2.2.3 The Policy Statement also requires official Plans to incorporate policies, prepared in consultation with appropriate provincial agencies, which specify the information required and the matters to be considered by a municipality or planning board when evaluating development proposals on or adjacent to provincially significant wetlands. In the evaluation of any such development proposals, the protection of the wetland is to be given primary consideration. New land uses permitted on, or adjacent to, the wetland should be compatible with the wetland so that wetland values, as defined by the Evaluation System, are maintained or improved. 2.2.4 The Wetlands Policy Statement requires provincially significant wetlands to be placed in a restricted zoning category which permits only wetlands and compatible land uses. Where the Official Plan recognizes a "No Development Approach", the zoning by-law would not ...5 534 structures would be permitted. Where the Official Plan recognizes that certain compatible development may occur, the wetland and lands adjacent to the wetland must also be placed within a Restricted Zoning category, but the zone provisions would indicate that new development may be permitted, provided that the new development was compatible with the wetland. The Implementation Guidelines also encourage municipalities to include a definition of "wetlands" in their Comprehensive Zoning By-laws. 2.2.5 The Wetlands Policy Statement states that priority is to be given to the protection of provincially significant wetlands when public facilities are being considered under the provisions of the Environmental Assessment Act, the Ontario Energy Board Act and other applicable legislation. 2.2.6 Although the policies outlined in the Policy Statement only apply to provincially significant wetlands, the Policy Statement permits local and regional municipalities to identify Class III to VII wetlands in planning documents and to protect such wetlands in a manner deemed appropriate by the municipal authorities. 2.2.7 Notwithstanding the policies of the Wetlands Policy Statement outlined above, the Policy Statement does not apply to lands which are previously committed to other uses ® that is, existing lots of record, and lands previously designated in an approved Official Plan or previously zoned in an approved Zoning By-law. REPORT NO.: PD-127-89 PAGE 6 ------------------------------------------------------------------------------- UIMMMM�� 3.1 Implications of Policy Statement 3.1.1 As noted earlier, the Wetlands Policy Statement requires municipalities to identify and protect provincially significant wetlands within their official Plans and Zoning By-laws. To some extent the policy framework to accomplish this objective is currently in place within the Regional and Town official Plans and the Town's Comprehensive Zoning By-law. Both the Durham Regional official Plan and the Town of Newcastle Official Plan currently contain policies and designations designed to identify and protect lands with environmentally sensitive characteristics, including Hazard Lands. Environmentally Sensitive areas have not been identified for the Ganaraska Region Conservation Authority watershed. By-law 84-63, the Town of Newcastle Comprehensive Zoning By-law incorporates the 'Environmental Protection (EP}' zone. The limits of this zone generally correspond to the Regional Storm flood line as identified by the respective Conservation Authority, although in some areas the 'EP' zone also includes wetlands. Only land uses which provide for the preservation of the natural environment are permitted in the 'EP' zone. 3.1.2 Notwithstanding that some elements of the Wetlands Policy Statement are incorporated into current planning documents, specific amendments will be required to, among other things, implement the following: - identify the wetland areas specifically; - determine whether regionally or locally significant wetlands also receive protection; 5 � 6 ...7 REPORT NO.: PD- 127 -89 FAGS 7 ----------------------- ------------------------------------------------- - - ---- + I I ! R • IZEM - provide criteria for evaluating development proposals on or adjacent to wetlands. 3.2 Wetlands in the Town of Newcastle 3.2.1 A number of wetlands in the Town of Newcastle have been identified by the Ministry of Natural Resources. Provincially Significant - West Side Beach Marsh Regionally Significant Locally Significant - McLaughlin Bay - Black /Farewell Creek Complex - five in Darlington Township - four in Clarke Township West side Beach Marsh is located in Part Lots 12 and 13, Broken Front Concession, Darlington. McLaughlin Bay is located in Darlington Provincial Park and the Black Creek /Farewell Creek Complex is immediately north of the Courtice Urban Area. The approximate locations of these three wetlands are indicated on Attachment No. 1. Detailed information on the location of locally significant wetlands was not available from the Ministry of Natural Resources at the time of writing. 3.2.2 The West Side Beach Marsh is located within the area currently held under quarry licence by St. Mary's Cement Company. Staff of the Ministry of Natural Resources have indicated that the St. Mary's quarry licence issued in 1970, would permit aggregate extraction operations to proceed into the Marsh. The company has not yet submitted site plans for the Ministry for quarrying operations east of Waverly Road where the Marsh is located. However, Ministry Staff anticipate that extraction would proceed a significant depth below the current water level of the Marsh, thereby destroying the Marsh and the possibility of any future restoration as a wetland. ...8 J 2 1 1 0 0 3.2.3 In December 1988, the Town advised the Ministry of Natural Resources that it has no objection to an application by St. Mary's Cement to increase the annual production limit on their quarry licence from 1,814,000 tonnes to 3,000,000 tones annually. The increase is related to the proposed expansion to the St. Mary's Cement plant. 3.2.4 As noted earlier, the Wetlands Policy Statement does not supersede or take priority over other policy statements issued under the Planning Act. In this regard, reference must be made to the Mineral Aggregate Resource Policy Statement which was jointly issued and approved under Section 3 of the Planning Act. It establishes mineral aggregate resources as a matter of provincial interest and concern, and requires municipalities to identify and protect as much of its mineral aggregate resource as is practicable in the context of other land use planning objectives. The Mineral Aggregate Resource Policy Statement also permits municipalities to establish policies to permit non-aggregate land uses or developments in areas of mineral aggregate resources, which are protected in the Official Plan, where the proposed development or land use serves a greater long term interest of the general public than does aggregate extraction. 3.2.5 Town Staff discussed with Staff of the Ministry of Natural Resources the possibility of protecting the West Side Beach Marsh. Ministry Staff have indicated that, inasmuch as the approval of the St. Mary's quarry licence predated both Policy Statements, the Ministry is obligated to honour the licence. As well, they also emphasized that the Wetlands Policy Statement is not intended to apply retroactively to lands previously committed to other uses. 3.2.6 Ministry Staff noted that, upon the cessation of quarrying operations within and adjacent to the Marsh, the excavated area may potentially be redeveloped, perhaps as a harbour given the significant depth of water which will exist directly adjacent to the shore. 9 J V REPORT N0.: PD-137-89 PAGE 9 _________________________________________________________________________ 3.2.7 Ministry Staff also suggested that, through the improvement of the wetland values of Regionally and locally significant wetlands in the Town, some of these wetlands could potentially achieve Provincially significant status. The iumIoeioo of appropriate policies in the official Plan and Zoning By-law for the protection of Class III to \/ZI wetlands could be an important contributing factor towards the enhancement nfwetland values. For example, McLaughlin Bay, currently or Regionally significant wetland, may potentially achieve improved 4. CONCLUSIONS AND RECOMMENDATIONS 4.1 The Wetlands Policy Statement establishes the preservation of Provincially Significant wetlands as a matter of Provincial interest and requires municipalities to include appropriate protection policies in their planning documents. The Policy Statement also encourages municipalities to extend protection to Regionally and locally significant wetlands. Amendments to the Durham Regional official Plan and the Town of Newcastle Official Plan will be required with the adoption of this policy statement. 4.3 The West Side 8emob Marsh, currently held under licence by the 8t. Mary's Cement Company, is the only Provincially significant wetland iu the Town. The Ministry of Natural Resources has indicated that they are obligated to honour the terms of the licence. However, the potential exists for redeveloping the excavated area to the benefit of the Town. As well, other wetlands in the Town may potentially achieve Provincially significant status through the enhancement of their wetland values. �� O J1.0/ ...IO REPORT NO.: PD-127-89 PAGE 10 Respectfully submitted, Franklin Wu' M°C^I.P. Director of Planning 6 Development J&8*FW*'lo *Attach. May 5, 1989 J�u Recommended for presentation to the Committee -cr---___ Lawreu toeff • t� ,. SEE SCHEDULE WIN. Black/ Farewell Creek Complex (Class ' ii„�i . .� ' • SEE SEE SCHEDULE '18' (MAPLE GROVE) BY—LAW 88-132 V ♦ tie �' `,C t : � � .�`�, � , 00 ��;� t�� -s?l� • QI ♦/ r F � E McLaughlin Bay Class Side Beach Marsh Class Provincially • • Regionally • • _ Lands 541