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HomeMy WebLinkAboutPD-9-89 DN: 5. 5(1) TOWN OF NEWCASTLE J REPORT File # Res. By-Law # MEETING: General Purpose and Administration Committee DATE: Monday, January 9, 1989 REPORT #: PD-9-89 _ FILE kn 1.1 SUBJECT: PROVINCIAL POLICY STATEMENT ON FLOOD PLAIN PLANNING UNDER THE PLANNING ACT, 1983 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-9-89 be received for information. 1. BACKGROUND: 1.1 On December 12, 1988 the Planning Department received a Provincial Policy Statement on Flood Plain Planning from the Ministry of Natural Resources. This is a statement of Ontario Government policy issued under the authority of Section 3 of the Planning Act 1983. 1.2 Section 3 of the Planning Act allows the Minister of Municipal Affairs together with any other Minister of the Crown, to issue policy statements that have been approved by the Lieutenant Governor in Council on matters relating to municipal planning that in the opinion of the Minister are of provincial interest. The Policy Statement, "Flood Plain Planning", was approved the the Lieutenant Governor in Council, August 11, 1988. . . .2 511 ) REPORT NO. : PD-9-89 PAGE 2 2. FLOOD PLAIN PLANNING: 2.1 PURPOSE AND OBJECTIVES: 2.1.1 "Flood Plain Planning" replaces the "Flood Plain Criteria - A Policy Statement of the Government of Ontario on Planning for Flood Plain Lands" which was issued in September of 1982. The purpose of this document is to state the policy of the Province of Ontario on planning for flood plain lands. The planning and management of flood plain lands consists of the following three components: i) prevention through land use planning and regulation of development; ii) protection, through structural/acquisition measures; and iii) emergency response through flood warning and disaster relief. 2.1.2 The provincial policies contained in this document have been developed based on the following objectives: i) to prevent loss of life; ii) to minimize property damage and social disruption; and iii) to encourage a co-ordinated approach to the use of land and the management of water. 2.2 POLICIES: 2.2.1 It is the policy of the Province of Ontario that municipalities recognize flood susceptibility at the various stages of the land use planning process for which they have jurisdiction. Municipalities are to show and describe flood plain lands in their official plans and incorporate policies to address new development. Flood standards used to define flood plain limits for regulatory purposes are to be determined by the Hurricane Hazel Storm or the 100 Year Flood, whichever is greater. The option exists however, for municipalities to apply to the Minister of Natural Resources to change the standard for those watersheds with a regulatory flood standard greater than the minimum acceptable. . . .3 REPORT NO. : PD-9-89 PAGE 3 2.3 ONE, TWO ZONE AND SPECIAL AREA CONCEPTS: 2.3.1 The Ministry of Natural Resources has outlined three concepts for identifying and regulating flood plain lands. The One Zone Concept defines the flood plain as one zone in which new development is prohibited or restricted. The Two Zone Concept may be selectively applied to portions of flood plains that could potentially be safely developed with no adverse impacts. The two zones are referred to as the flood fringe and floodway. The Special Policy Area concept may be recognized as a possible option where it is not feasible to introduce the One or Two Zone Concept policies. 2.4 IMPLEMENTATION: 2.4.1 Municipalities, with input from Conservation Authorities, will put in place planning controls necessary to implement flood plain provisions in official plans (such as zoning and site plan control) . Furthermore, Conservation Authorities are responsible for plan input and review related to flood plain matters and will consult with municipalities on matters pertaining to flood plain management. 2.5 EXISTING REGIONAL AND TOWN POLICIES: 2.5.1 Within the Durham Region Official Plan and Town of Newcastle Official Plan, flood plains are designated "Hazard Land". Section 1.2.4 of the Durham Region Official Plan states that "the extent and exact location of such "Hazard Lands" shall be determined in the respective zoning by-laws in accordance with detailed floodline, soil and contour mapping in consultation with the respective conservation authority". Within the Town of Newcastle Comprehensive Zoning By-law 84-63, these "Hazard Land" designations are reflected as the "Environmental Protection (EP)" zones. . . .4 REPORT NO. : pD-9-89 PAGE 4 2.6 CONCLUSIONS: 2.6.1 The policies in place in both the Region and the Town conform to the Provincial Policy Statement on Flood Plain Planning. The Town of Newcastle Official Plan and Comprehensive Zoning By-law 84-63 are consistent with the policies for the One Zone Concept. 2.6.2 .A copy of the Policy Statement on Flood Plain Planning is attached herein. Respectfully submitted, Recommended for presentation to the Committee Franklin Wu, M.C.I.P. L otseff Director of Planning and Development Chief Ad ii.trative Officer JB*FW*bb *Attach. December 15, 1988 Ministry or ministry o� Natural Municipal _. { j i ® Resources Affairs Ontario LDEIC 12 1988 October?�t, 1988 OF i�l:'wriisni i �i�T PROVINCIAL POLICY STATEMENT ON FLOOD PLAIN PLANNING UNDER THE PLANNING ACT, 1983 We are pleased to provide the attached copy of the new Provincial Flood Plain Planning Policy Statement recently approved by Cabinet. The approved policy statement represents an increase in flexibility,a greater recognition of local conditions,and a greater opportunity for public input into local decision-making processes. Notwithstanding the increased flexibility of the new policy statement,the basic concept of flood plain management remains the same--new development should not be permitted within areas which would be susceptible to flood damage or would cause damage to existing development. The new policy, a joint statement of the Ministries of Natural Resources and Municipal Affairs, formally recognizes flooding, as it relates to public health and safety, as being a matter of provincial interest under section 3 of the Planning Act. As such, all ministries,boards, commissions, municipalities and planning agencies must have regard for the policy statement and address the issue of new development in flood plains in land use planning documents such as official plans and zoning by-laws. The policy statement does not, however, supersede other recognized provincial policies or matters of provincial interest. All matters deemed to be of provincial interest are to be given equal consideration when developing land use plans. Two supporting documents, designed to assist in the detailed implementation of the policy statement and to provide technical information on engineering aspects of applying the policy statement, have also been prepared. It should{e noted that the guidelines support the policy statement but are not part of it. It is the policy statement that outlines approved provincial direction for flood plain management in Ontario. Development of the approved policy statement was greatly aided by the comments offered by the public. For this,we wish to thank the municipalities, planning agencies, interests groups and members of the public for their time and effort. Yours sincerely, i Vincent G. Kerrio Jo akins Minister Minister Natural Resources Municipal Affairs THE 1a, PLANNING ACT t f 1 POLICY STATEMENT Onwto Flood Plamin Plannuing A statement of Ontario Government policy issued under the authority of Section 3 of the Planning Act 1983 Approved by the Lieutenant Governor in Council Order in Council No. 1946/88 August 11 , 1988 Vincent G. Kerrio John Eakins Minister of Minister of Natural Resources Municipal Affairs I I j �" PI ` ■ is t ■ � C ¢ $ •�-�s>s. { _ he anning lAct 1983 see 3>� rh¢ xr � a 'Y S x9i� 1 iR':�, y z l r�x. 4S �is'�* jry c+1C .3f,�.`,} L Fa-, r t #TP. � f 1r v _. . - •��: ' �. pouey w� �3--{,ls) The IVlmister, or the n ether.with t�I og any other minister of statemen s s{t11e,CTUWII nla rOm Meny�olic Statenientsjthau avenh � _ :3 ' Y >, 'i� ti y ee t o er o n ,ouncil'on atters relater g toy¢ st:Wu �. =upicipal�Tlann ing. t n the . pin on the Min�st arse Hof prov 6r W r ''mss s-7a.�.. .� ..-et`� ��sa • ' � -�,s'` � ,>' '.'.'` Yi b�h���?4's � ,k E`�y.y.[t. al wz ,� `Y> c x .�F�r 'e +`r`''-%ez�fS f jy ixb etor'eil smog a o�cy tae e t e viinister� all onfer with such ��� yt}pctpal; provncial eras o o he cials and bodies or persons as the ':yy. 4)..y. `4LfRJ:4 timste�onsiders ha e ante sin e roposed statements Nottce:a �( ) Wheret.anollcV Statementlssued under subsection (1), the Minister � F"� ..�f�.'v �, 35`` Y SOr shall causeito ber�ub shed an e i�n ato?Cazet to and heshall give or cause k MIU%, e gi�eris�chf r tic or o m;sueh mannera� e,considersi ,> Mahert6,a�l`menes ofd It sse�ly to aII mucipalei and to;such her agencies,organizations or>;persops as he considers have an interest n #s T the'statelllent:. �IVW laem .` 4 Each rriumci alit 'that receives r notice of a olic statement under � p Y ubsection (3) shall n�nrn.give notice ofthe statement to each local board of interest in the�st atement. the municipaXity than considershasn io °(5) In exer�ismg.any authority fhAvaffects any planning matter,the council Pou�yof"every munic�palrt3; every local board,`every mimster of the Crown and statemefits every ministry, board, commission or 'agency of the government, including ; x {rf the 'Municipal r'Board}arid Ontario"'Iydro, shall have regard to policy statements issued under subsection,(1) Y983, c. 1, s. 3. I 5"(�) Purpose This document is prepared under the authority of section 3 of the Planning Act, 1983, and is the Province of Ontario's policy statement on planning for flood plain lands. Interpretation This provincial policy statement: • is issued jointly by the Minister of Natural Resources and the Minister of Municipal Affairs under the Planning Act, 1983; • does not supersede or take priority over other policy statements issued under section 3 of the Planning Act, 1983, or any other policy approved by.the Lieutenant Gover- nor in Council; and • replaces the "Flood Plain Criteria—A Policy Statement of the Government of On- tario on Planning for Flood Plain Lands" issued in September 1982. r Background. s The need to manage flood plain lands was emphasized in 1954 when Hurricane Hazel struck the Metropolitan Toronto area resulting in the loss of 81 lives and approximately l $75 million in property and other damages. `s Since that time, many flood prone areas have been protected throughout Ontario by .4 remedial measures and efforts have been made to minimise the intrusion of new develop- 4 ment into the more hazardous portions of flood plains. Although flood plains have been actively managed for more than 30 years, problem areas still exist. Since the mid-1970s, major floods resulting in millions of dollars of damages have occurred in Cambridge(1974), Dover Township(1979), Field Township (1979), Nipissing River/French River area(1979), Port Hope(1980), Windsor(1981), Chatham, Dover, Dresden, Huntsville, and Fort Albany (1985), and Winisk (1986). In 1985, Ontario experienced a record number of floods for a given year. Province wide, approximately 2,000 homes were flooded or made inaccessible by high water levels and 11,000 hectares of agricultural land were flooded. In addition to the loss of life, an immeasurable cost, and direct costs from damages to buildings and structures, indirect costs and social disruption have also been exten- sive in certain areas. For example, after the 1979 flood in the Township of Field, many of the local residents had to be relocated because of the severe damage and destruction to their homes. The mental anguish of being flooded and the resulting social disruption of relocation are real but often overlooked aspects of flood susceptibility. Therefore, in the planning and management of flood plain lands, there is a government - role which can be summarized as follows: • to provide order and equity in the use/non-use of flood plain lands; and • to protect society, including all levels of government, from being forced to bear unreasonable social and economic burdens of unwise individual choices. i In Ontario, flood plain management consists of a combination of 3 components: • prevention • land use planning and regulation of development I ' • protection • structural/acquisition measures • emergency response • flood warning and combat/disaster relief f a) Prevention The orderly planning of land use and the regulation of development represent the r . preventative approach to flood plain management and provide the focus for this policy statement. This approach is the most cost effective in helping to ensure new buildings t and structures are not flood susceptible and that upstream and downstream problems Vii:, do not occur as a result of new development. The Ministry of Municipal Affairs, and the municipalities of Ontario, through the Planning Act, 1983, are responsible for land use planning in the Province. The Wi Ministry of Natural Resources and the Conservation Authorities of Ontario act in an advisory capacity to the Ministry of Municipal Affairs and the municipalities on land use matters related to flooding. The Ministry of Natural Resources, through the administration of the Conservation Authorities Act, R.S.O. 1980,together with the Conservation Authorities,have tradi- tionally played the foremost role in the overall management of flood plains and will continue in this regard.Through regulations,Conservation Authorities review develop- ment proposals from the technical viewpoint of flood susceptibility and upstream/downstream implications. Where Conservation Authorities do not exist, the Ministry of Natural Resources is responsible for the implementation of flood plain management policies and practices. The preventative approach may include the acquisition of undeveloped flood plain lands in certain situations. Such acquisition is usually only considered, however, if other resource management objectives are to be achieved. I b) Protection j The protection approach involves the construction of dams, dykes, channels, diver- sions and other flood control works.These works are designed to provide protection to existing development located in the flood plain. In some instances though, a cost-benefit analysis may indicate that acquisition and the removal of buildings from the flood plain is more appropriate than the construc- tion of protective works. c) Emergency Responses The Ministry of Natural Resources, in co-operation with the Conservation Authorities s of Ontario, maintains a streamflow forecast centre which is linked to a network of weather stations, stream gauges, and rain gauges throughout the Province: Advance warning of an impending flood enables municipalities and other government agen- t cies to put into operation their emergency action plans for evacuating people and moveable property from flood susceptible areas. Various levels of goverment have historically provided disaster relief and assistance to flood victims after major flood events. However, government subsidies do not cover all losses. They specifically exclude such items as secondary residences, land- scaping, recreational vehicles, and non-essential furniture/appliances. Also, flood insurance on private properties in flood risk areas is not readily available at economical rates. Although this approach assists in reducing the threat of life and some property losses, . it does not prevent flooding and the bulk of related damages from recurring. Each of the three components is designed to address different aspects of flood plain management. Over the long term, however, the preventative approach is the preferred approach to flood plain management. By effective land use planning and regulation of development, problems relating to flooding can be prevented or minimized before they occur. It is in this context that this policy statement takes effect. Definitions .. i For the purpose of this policy statement, • Development means the construction, erection or placing of a building or structure of any kind or the making of an addition or alteration to a building or structure that has the effect of increasing the size or usability thereof, and includes such related activities as site grading and the placing or dumping of fill. • Fill, Construction, and Alteration to Waterways Regulation means a regulation passed pursuant to Section 28 of the Conservation Authorities Act, R.S.O. 1980, or its successors, whereby a Conservation Authority may, among other matters, regulate: • the straightening, changing, diverting or interfering in any way with the existing channel of a river, creek, stream or watercourse; • the construction of any building or structure in or on a pond or swamp or in any area susceptible to flooding; and • the placing or dumping of fill of any kind in any defined part of the area over which the Conservation Authority has jurisdiction in which, in the opinion of the Conser- vation Authority, the control of flooding or pollution or the conservation of land. may be affected. • Flood means a temporary rise in the water level resulting in the inundation of areas adjacent to a watercourse not ordinarily covered by water. • Flood Fringe means the outer portion of the flood plain between the floodway and the limit of the regulatory flood. Flood depths and velocities are generally less severe in the flood fringe than those experienced in the floodway. • Flood Plain means the area, usually low lands, adjoining a watercourse which has been, or may be covered by flood water. • Floodproofing means a combination of structural changes and/or adjustments incor- porated into the basic design and/or construction or alteration of individual buildings, structures or properties subject to flooding so as to reduce or eliminate flood damages. • Floodway means the channel of a watercourse and that inner portion of the flood plain where flood depths and velocities are generally higher than those experienced in the flood fringe. The floodway represents that area required for the safe passage of flood flow and/or that area where flood depths and/or velocities are considered to be such that they pose a potential threat to life and/or property damage. • Hazardous Substances means substances which individually, or in combination with other substances are normally considered to pose a danger to public health, safety and the environment. These substances generally include a wide range of materials that are toxic, ignitable, corrosive, reactive, radioactive or pathological. • Level of Protection means a specified level, elevation and/or flow velocity to which new development must not be susceptible to flood related damage. • Local Conditions means the physical and hydrologic characteristics of an area as they input to and may affect flood plain management. • Observed Flood Event means a flood actually experienced in a particular watershed or portion thereof. Subject to the policies contained in this document, and the availability of sufficient documentation, an observed flood event may be used for regulatory purposes as follows: —to define flood plain limits for that specific area where ice jams have historically occurred; . or —to define flood plain limits for an entire watershed by transposing or extending data derived from the observed flood event with reference to the physical and land use characteristics of the entire watershed. The transposing of data is con- sidered acceptable where the evidence suggests that the flood event could have potentially occured over other portions of the watershed. • 100 Year Flood means that flood, based on analysis of precipitation, snow melt, or a combination thereof, having a return period of 100 years on average, or having a I% chance of occurring or being exceeded in any given year. • One Zone Concept means the approach whereby the entire flood plain, as defined by the regulatory flood, is treated as one unit, and all development is prohibited or restricted. • Regulatory Flood means the approved standard(s) used in a particular watershed to define the limit of the flood plain for regulatory purposes. • Restricted means that new development is limited to: 5,G) • flood and/or erosion control structures — • facilities which by their nature must locate near water or traverse watercourses • ancillary facilities of an adjacent land use which are of a passive, non-structural . nature and do not adversely affect the ability of the flood plain to pass-flood waters. • Special Policy Area means an area within a community that has historically existed in the flood plain and where strict adherence to certain Province-wide policies con- cerning new development would result in social and economic hardships for the com- munity. As a result, site specific policies are formulated and applied within the de- fined limits of the special policy area. • Storm Centred Event means a major storm of record used for regulatory purposes. The rainfall actually experienced during a major storm event can be transposed over another watershed and when combined with the local conditions, flood plain limits Ak can be established. This centering concept is considered acceptable where the evidence suggests that the storm event could have potentially occurred over other watersheds in the general area. In Ontario, two storm centred events are used for regulatory purposes: y • the Hurricane Hazel storm (1954); and • the Timmins storm (1961). • Two Zone Concept means the approach whereby certain areas of the flood plain are considered to be less hazardous than others such that development potentially could safely occur. The flood fringe defines that portion of the flood plain where develop- ment may be permitted, subject to appropriate floodproofing. The floodway defines that portion of the flood plain wherein development is prohibited or restricted. • Watershed means all lands drained by a river or stream and its tributaries (Conser- vation Authorities Act, R.S.O. 1980). Basis of Policy The provincial policies contained in this document have been developed based on the following objectives and principles: Objectives (1) to prevent loss of life; (2) to minimize property damage and social disruption; and (3) to encourage a co-ordinated approach to the use of the land and the management of water. 5 3. Principles I effective flood plain management can only occur on a watershed basis with due consideration given to the upstream/downstream and cumulative effects of development; (2) local conditions(physical, environmental, economic, and social characteristics)vary from watershed to watershed and, accordingly, must be taken into account for the planning and managing of flood plain lands; (3) the degree of risk (threat of life and property damage) can vary within the flood plain of a watershed and from watershed to watershed; some portions may be too hazardous for development while the potential for development to safely occur may exist for other portions; (4) new development susceptible to flood damages or which will cause or increase flood related damages to existing uses and land must not be permitted to occur;however, some communities have historically located in the flood plain and as a result, special consideration may be required to provide for their continued viability; and (5) flood plain management and land use planning are distinct yet related processes = that require overall co-ordination on the part of municipalities, Conservation s: Authorities,the Ministry of Natural Resources and the Ministry of Municipal Affairs. -y Policies (1) General It is the policy of the Province of Ontario that: 1.1 All land use planning and resource management bodies within the Province have regard to the implications of their actions respecting the creation of new or the aggravation of existing flood plain management problems. 1.2 Municipalities and planning boards' recognize flood susceptibility at the various stages of the land use planning process for which they have jurisdiction. (2) Regulatory Flood Standard It is the policy of the Province of Ontario that: 2.1 The flood standards used to define flood plain limits for regulatory purposes are: (a) the flood resulting from one of the following storm centred events: • Hurricane Hazel storm (1954) • Timmins storm (1961); ' "planning board" refers to those planning boards established by the Minister of Municipal Affairs, in accor- dance with section (9) or (10) of the Planning Act, 1983. REGULATORY FLOOD—Figure 1 ZONE 1—Flood Produced by Hurricane Hazel Storm or the 100 Year Flood, whichever is greater. ZONE 2—The 100 Year Flood ZONE 3—Flood Produced by the Timmins Storm or the 100 Year Flood, whichever is greater Approximate boundaries of the Regulatory Floods es 90° es° eo° 75° Sao �a r s n i 55° Q t d m ,�'' A/loivopif�a/ Y, r, O' A u !O ' AID ao a14it ' 000 s� 50° •'•HEIGHt ' S0 p. of 0 U E 8 E C C y� ;THUNDER =0 NNF ear E xS U SAN I { 1. ZONE 3 ..•. SAULT STE. SUDBURY 1 W 'NI o MARIE 0 i �SCOHS/N G CN' AN r �` t U. S. A. +► � "sgra s TTAWA ° 450 t� r qr' ,. ZONE 2 as ?V _ p TORONTO ONTARIO .a` c`''♦ II LAI(E MCHIGAN ZONE t SCALE I _ S. so 0 50 100 I90 U A. �aIE Irv' IL I( 90° e5° e0° 75° (b) 100 year flood; and (c) an observed flood event, subject to the approval of the Minister of Natural Resources. 2.2 The 100 year flood is the minimum acceptable regulatory flood standard. 2.3 For those watersheds with a regulatory flood standard greater than the minimum acceptable (See Figure 1), the option exists for municipalities and planning boards to apply to the Minister of Natural Resources, in accordance with pro- cedures established, to change the standard, subject to the following overriding conditions: (a) changes to the existing regulatory flood standard will only be considered with the support of a significant majority of municipalities and/or planning boards within the watershed, in consultation with the local Conservation Authority or Ministry of Natural Resources, where Conservation Authorities do not exist; and (b) the lowering of the existing regulatory flood standard where the past history of flooding reveals a higher level is more appropriate will not be considered. 2.4 Where flooding is experienced in excess of the existing regulatory flood stan- dard, the Minister of Natural Resources may require the regulatory flood stan- dard to be modified to reflect the observed flood event. (3) Official Plans It is the policy of the Province of Ontario that: 3.1 Municipalities and planning boards show and/or describe flood plain lands in their official plans and incorporate policies to address new development con- sistent with this policy statement. 3.2 Municipalities and planning boards, in consultation with the local Conserva- tion Authority or Ministry of Natural Resources, where no Conservation Authority exists, include in their official plans: (a) policies whereby uses permitted in flood plains are cognizant of flood suscep- tibility and flood risk; (b) policies whereby no new buildings or structures are permitted which are susceptible to flood related damages or will cause adverse impacts to ex- isting upstream or downstream development or lands; (c) policies addressing additions or alterations to existing buildings or struc- tures and replacement of buildings or structures located in flood plains; and (d) policies addressing such public and private works that must locate in flood plains by nature of their use. 3.3 Municipalities and planning boards identify in their official plans, the planning controls required to give effect to the policies identified in section 3.2. 3.4 Where no official plan exists, the zoning document affecting the area contain provisions to reflect this policy statement. (4) One Zone Concept ( ! It is the policy of the Province of Ontario that subject to policies (5) and (6): 4.1 The flood plain will consist of one zone, defined by the regulatory flood stan- dard (see Figure 2). 4.2 New development in the flood plain is to be prohibited or restricted. 4.3 Where the one zone concept is applied, municipalities and planning boards in- clude policies in their official plans that explain the intent of the one zone concept. 4.4 Where the one zone concept is applied, the flood plain be appropriately zoned in conformity with the official plan designation, to reflect its prohibitive or restrictive use. (5) Two Zone Concept It is the policy of the Province of Ontario that: 5.1 For portions of flood plains that could potentially be safely developed with no adverse impacts, the Conservation Authorities in Ontario, or where no Con- servation Authorities exist,the Ministry of Natural Resources, in co-operation with the watershed municipalities have the option of selective application of the two zone (floodway—flood fringe) concept (see Figure 3). 5.2 New development in the floodway is to be prohibited or restricted. 5.3 The extent of the floodway is to be determined based on local watershed con- ditions, such as critical flood depth and velocity,existing and proposed develop- ment, and the potential for upstream and downstream impacts. 5.4 New development that may be permitted in the flood fringe be protected to the level of the regulatory flood. 5.5 Where the two zone concept is proposed to be applied or is considered to be a plausible option, municipalities include policies in their official plans that explain the intent of the two zone concept and development potential of the flood fringe versus the floodway. 5.6 Where the two zone concept is applied, the flood fringe be zoned in conform- ity with the official plan designation, and the flood hazard and requirements for floodproofing be recognized in the zoning document. 5.7 Where the two zone concept is applied; the floodway be appropriately zoned to reflect its prohibitive or restrictive use. (6) Special Policy Area Concept It is the policy of the Province of Ontario that: 6.1 Where strict adherence to policies (4) and/or (5) is not feasible, the concept of special policy area status is recognized as a possible option for flood prone communities or portions thereof. Municipalities may apply for special policy area status, in accordance with established procedures, and controlled develop- ment may be permitted once such status is obtained. 9 ONE-ZONE CONCEPT FLOOD PLAIN DEVELOPMENT PROHIBITED OR RESTRICTED • f I REGULATORY FLOOD LEVEL ----------------------------------------------- i I NORMAL WATER LEVEL Figure 2 TWO-ZONE FLOODWAY-FLOOD FRINGE CONCEPT FLOOD PLAIN FLOODWAY'. ROOD FRINGE DEVELOPMENT PROHIBITED OR RESTRICTED FLOOD FRINGE CONDITIONAL CONDITIONAL DEVELOPMENT DEVELOPMENT REGULATORY FLOOD LEVEL NORMAL WATER LEVEL Figure 3 6.2 Municipalities delineate special policy areas in their official plans and include policies indicating the circumstances under which new development may be permitted and identifying the minimum acceptable level of protection required for new development. (7) F000dproofing It is the policy of the Province of Ontario that: 7.1 Any new development permitted in the flood plain, in accordance with this policy statement, be protected by acceptable floodproofing actions or measures. 7.2 Ingress/egress for new buildings be such that vehicular and pedestrian move- ment is not prevented during times of flooding. (8) Public Safety It is the policy of the Province of Ontario that, notwithstanding Policies (3) to (7) inclusive: 8.1 New development not be permitted to locate in the flood plain where the use is: (a) associated with the manufacture, storage, disposal and/or consumption of hazardous substances or the treatment, collection and disposal of sewage, which would pose an unacceptable threat to public safety if they were to escape their normal containment/use as a result of flooding or failure of floodproofing measures; (b) associated with institutional services, such as hospitals, nursing homes and schools, which would pose a significant threat to the safety of the inhabitants (e.g. the sick, the elderly, the disabled or the young), if involved in an emergency evacuation situation as a result of flooding or failure of flood- proofing measures; and (c) associated with services such as those provided by fire,police and ambulance stations and electrical substations, which would be impaired during a flood emergency as a result of flooding or failure of floodproofing measures. 8.2 Where new development identified in 8.1 is not considered to pose an unac- ceptable risk to public safety, a higher level of flood protection and/or addi- tional floodproofing precautions above the regulatory flood level, may still be required due to the sensitive nature of the development. Implementation • In exercising any authority that affects any planning matter, the council of every municipality, every local board, every Minister of the Crown and every ministry, board, commission or agency of the government, including the Ontario Municipal Board and Ontario Hydro, shall have regard to this policy statement as required under section 3 of the Planning Act, 1983. 11 • The Ministry of Natural Resources and the Ministry of Municipal Affairs will develop guidelines for the implementation of this policy statement, including the administra- tion of the Planning Act, 1983, as it relates to flood plain lands. • The Ministry of Natural Resources will develop technical guidelines for the calcula- tion of flood lines and the mapping of flood plains. • The Ministry of Natural Resources, in co-operation with the Ministry of Municipal Affairs, will develop procedures to be followed for applying to change the regulatory flood standard for a watershed. • The Ministry of Natural Resources and the Ministry of Municipal Affairs will develop procedures to be followed in applying for special policy area status. • The Ministry of Natural Resources, in co-operation with the Ministry of Municipal Affairs and the Ministry of Housing and other appropriate agencies, will identify ac- ceptable types of floodproofing and their application to different types of land use. } •,The Conservation Authorities, where they exist, are responsible for plan input and � review related to flood plain matters.and in this regard will: • make available any existing mapping, flood data or studies and provide technical assistance to any government body or planning authority, in particular municipalities ' and planning boards, and assist municipalities and planning boards to incorporate the intent of the provincial policy statement for flood plain management into the land use planning process and appropriate planning documents; • provide comments to review and approval agencies on proposed planning actions that may have implications on flood plain management; • make representation or provide technical expertise to the Ontario Municipal Board or other appeal bodies, where a matter related to this policy statement may be an issue; consult with ministries`;public agencies; boart3s,authorities`, and municipalities on matters pertaining to flood plain management, as may be appropriate; and • inform and educate the general public on the principles and practices of flood plain management and provide information on the characteristics and consequences of a flood. Where Conservation Authorities do not exist, the Ministry of Natural Resources is responsible for plan input and review related to flood plain matters. • The Conservation Authorities will administer the provisions of the Conservation Authorities Act, R.S.O., 1980, and Fill, Construction2 and Alteration to Waterways Regulations passed pursuant to Section 28 of the Act, or successors thereto, to assist in the implementation of this policy statement. 2 the"construction"component of Conservation Authority regulations is applied to areas draining 125 hectares or greater. Areas less than 125 hectares are considered "local drainage"and thus are the responsibility of the local municipalities. • The Ministry of Natural Resources, in conjunction with the Federal government will 1 continue to administer the Canada-Ontario Flood Damage Reduction Program through the Conservation Authorities and the municipalities. This includes the carry- ing out of flood plain mapping and flood studies, and the preparation of information maps geared to the general public depicting flood susceptible areas. The Ministry of Municipal Affairs and municipalities with delegated approval authority from the Minister will ensure that all municipal planning documents to be reviewed or approved, have had regard to this policy statement. • When an existing official plan or zoning by-law/order comes up for review, regard will be had for this policy statement. • Municipalities, with input from Conservation Authorities, or the Ministry of Natural Resources where Conservation Authorities do not exist, will.put'in place planning controls necessary to implement flood plain provisions in official plans(such as zon- ing, site plan control). ; k • The Ministry of Natural Resources and the Ministry of Municipal Affairs will under- take periodic research programs to investigate and update planning implementation and flood plain management techniques. • The Ministry of Natural Resources and the Ministry of Municipal Affairs, in co- operation with the Conservation Authorities, will administer this policy statement, as well as advise and explain its content and application to municipalities, planning boards, and other agencies. �1 13 For further information contact any of the following offices: MINISTRY OF MUNICIPAL AFFAIRS: Community Planning Advisory Branch Central Region South East Region South West Region 47 Sheppard Avenue East 244 Rideau Street 495 Richmond Street 2nd Floor 3rd Floor 7th Floor Willowdale, Ontario Ottawa, Ontario London, Ontario M2N 2Z8 KIN 5Y3 N6A 5A9 Telephone: (416) 224-7635 Telephone: (613) 566-3801 Telephone: (519) 673-1611 TOLL FREE 1-800-668-0230 TOLL FREE 1-800-267-6554 TOLL FREE 1-800-265-4736 North East Region North West Region 850 Barrydowne Road 435 James Street South 3rd Floor Thunder Bay, Ontario Sudbury, Ontario P7C 5G6 P3A 3T7 Telephone: (807) 475-1651 Telephone: (705) 560-0120 TOLL FREE 1-800-465-5027 TOLL FREE 1-800-461-1193 Plans Administration Plans Administration Office of Local Branch—North and Branch—Central and Planning Policy East Southwest 777 Bay Street 777 Bay Street 777 Bay Street 13th Floor 14th Floor 14th Floor Toronto, Ontario Toronto, Ontario Toronto, Ontario M5G 2E5 M5G 2135 M5G 2E5 Telephone(416)585-6225 Telephone(416) 585-6014 Telephone(416)585-6014 MINISTRY OF NATURAL RESOURCES: Conservation Authority and Water Management Branch Whitney Block, Room 5620 99 Wellesley Street West Toronto, Ontario M7A 1W3 Telephone(416) 965-6286 Northwestern Region Southwestern Region P.O. Box 5160 P.O. Box 5463 810 Robertson Street 659 Exeter Road Kenora, Ontario London, Ontario P9N 3X9 N6A 4L6 Regional Offices Telephone (807)468-3111 Telephone (519) 661-2800 North Central Region Northeastern Region Central Region P.O. Box 5000 199 Larch Street 10670 Yonge Street Ontario Government Building Sudbury, Ontario Richmond Hill, Ontario 435 James Street.South P3E 5P9 L4C 3C9 Thunder Bay, Ontario Telephone(705) 675-4120 Telephone (416) 884-9203 P7C 5G6 Telephone(807)475-1261 Algonquin Region Eastern Region P.O. Box 9000 P.O. Box 2002 Northern Region Brendale Square Concession Road 140-4th Avenue (Manominee Street) Kemptville, Ontario Cochrane, Ontario Huntsville, Ontario KOG 1J0 POL 1CO POA 1KO Telephone(613) 258-3413 Telephone (705) 272-7014 Telephone(705) 789-9611 Conservation Authorities AUSABLE-BAYFIELD—Box 2410, MATTAGAMI REGION-133 Cedar South, 175 Thames Rd. W. Timmins P4N 2G9 Exeter NOM ISO Telephone(705) 264-5309 Telephone(519)235-2610 METROPOLITAN TORONTO & REGION CATARAQUI REGION—R.R.1, Glenburnie (M.T.R.C.A.) KOH ISO 5 Shoreham Drive, Downsview M3N 1S4 Telephone (613) 546-4228 Telephone (416) 661-6600 CATFISH CREEK—R.R. 5, Alymer N5H 2R4 MISSISSIPPI VALLEY—Box 268, Lanark KOG 1KO Telephone (519) 773-9605 Telephone(613) 259-2421 CENTRAL LAKE ONTARIO-100 Whiting Ave., MOIRA RIVER-217 North Front St., Belleville Oshawa L1H 3T3 K8P 3C3 Telephone (416) 579-0411 Telephone(613) 968-3434 CREDIT VALLEY—Meadowvale LOJ 1KO NAPANEE REGION-25 Ontario St. W., Telephone(416) 451-1615 Napanee K7R 3S6 CROWE VALLEY—Box 416, Telephone(613) 354-3312 Marmora KOK 2MO NIAGARA PENINSULA—Centre St., Allanburg Telephone(613) 472-3137 LOS lAO ESSEX REGION-360 Fairview Ave. W., Telephone (416)227-1013 Essex N8M lY6 NICKEL DISTRICT— Telephone (519) 776-5209 West Tower Civic Centre Square, GANARASKA REGION—P.O. Box 328, 200 Brady St., Sudbury P3E 5K3 Port Hope L1A 3W4 Telephone(705) 674-5249 Telephone(416) 885-8173 NORTH BAY-MATTAWA—Box 1215, 348 Fraser St., GRAND RIVER—Box 729, 400 Clyde Rd., North Bay P1B 8K4 Cambridge N1R 5W6 Telephone (705)474-5420 Telephone(519) 621-2761 NOTTAWASAGA VALLEY—R.R. 1, HALTON REGION—P.O. Box 1097, Station "B", Angus LOM 1BO Burlington L7P 3S9 Telephone(705) 424-1479 Telephone(416) 878-4131 OTONABEE REGION-727 Lansdowne St. W., HANULTON REGION—Box 7099, Peterborough K9J 1Z2 838 Mineral Springs Rd., Telephone(705) 745-5791 Ancaster L9G 3L3 PRINCE EDWARD REGION—Box 310, Telephone(416) 525-2181 Picton KOK 2TO KAWARTHA REGION—Box 819, Fenelon Falls Telephone(613) 476 7408 KOM 1NO RAISIN REGION—Box 10, Telephone(705) 887-3112 Martintown KOC ISO KETTLE CREEK—R.R. 8, Telephone(613) 528-4584 St. Thomas N5P 3T3 RIDEAU VALLEY—Box 599, Mill St., Manotick Telephone(519) 631-1270 KOA 2NO LAKE SIMCOE REGION—Box 282, Telephone(613) 692-3571 120 Bayview Ave., GREY-SAUBLE—R.R. 4, Inglis Falls Road, Newmarket L3Y 4X1 Owen Sound N4K 5N6 Telephone(416) 895-1281 Telephone (519) 376-3076 LAKEHEAD REGION—Box 3476, 1136 Oliver Rd., SAUGEEN VALLEY—R.R. 1, Thunder Bay P7B 5J9 Hanover N4N 3B8 Telephone(807) 344-5857 Telephone (519) 364-1255 LONG POINT REGION—Box 525, SAULT STE. MARIE REGION-99 Foster Dr., Simcoe N3Y 4N5 Civic Centre, Sault Ste. Marie P6A 5X6 Telephone(519) 426-4623 Telephone (705) 759-5342 LOWER THAMES VALLEY-100 Thames St., SOUTH NATION RIVER—Box 69, Chatham N7L 2Y8 Berwick KOC 1GO Telephone(519) 354-7310 Telephone (613) 984-2400 LOWER TRENT REGION-441 Front St., ST. CLAIR REGION-205 Mill Pond Crescent, Trenton K8V 6C1 Strathroy N7G 3P9 Telephone(613) 394-4829 Telephone(519) 245-3710 MAITLAND VALLEY—Box 127, UPPER THAMES RIVER—Box 6278, Station "D", Wroxeter NOG 2X0 London N5W 5S1 Telephone(519) 335-3557 Telephone(519) 451-2800