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.
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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.
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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
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REPORT NO.: PD-127-89 PAGE 4
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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
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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
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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;
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REPORT NO.: PD- 127 -89 FAGS 7
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- 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.
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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.
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REPORT N0.: PD-137-89 PAGE 9
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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.
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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
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Provincially • • Regionally • • _ Lands
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