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Home My WebLink AboutPD-66-85 REPORT #2 CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB UO TEL.(416)263-2231 REPORT TO THE COUNCIL MEETING OF APRIL 22, 1985 REPORT NO. : PD-66-85 SUBJECT: GANARASKA REGION CONSERVATION AUTHORITY PROPOSED POLICY AND PROCEDURE MANUAL - FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS REGULATION RECOMMENDATION: It is respectfully recommended to Council the following: 1 . That Report PD-66-85 be received; and 2. That the Ganar-aska Region Conservation Authority be advised that the Town of Newcastle has no objection to their- proposed Policy and Pr•ocedur-e Manual for- the Implementation of their- Fill , Construction and Alteration to Waterways Regulation; and 3. That the Ganar-aska Region Conser-vation Author-i ty be requested to adopt the pr-ocedur-e as outlined on * Attachment No. 1 to Staff Report PD-66-85 as the pr-ocedur-e for- the handling of applications under- the new Regulation for- lands within the Town of Newcastle; and 4. That the Ganar-aska Region Conser-vation Author-i ty be requested to consider- the concerns expressed by the * Town of Newcastle as outlined on Attachment No. 2 to Staff Report PD-66-85; and 5. That a copy of Staff Report PD-66-85 and Council 's decision be for-war-ded to the Ganar-aska Region Conser-vation Author-ity. . . .2 L` REPORT NO. : PD-66-85 Page 2 BACKGROUND: On April 9, 1985, the Town of Newcastle received from the Ganar-aska Region Conservation Authority a copy of a draft Policy and Pr-ocedur-e Manual for- the implementation of their- Fill , Construction and Alteration to Waterways Regulation. The Authority has requested the Town 's comments on the draft Manual by Apr-i1 30, 1985. The Ganar-aska Region Conser-vation Author-i ty applied to the Ministry of Natural Resources in September-, 1980 for- regulations under- the Conser-vation Author-i ti es Act r-el ati ng to fill , construction and alteration to waterways. The Regulation was approved by the Provincial Government on September- 6, 1984 and the Authority is now in the process of finalizing a Policy and Pr-ocedur•e Manual for- the implementation of the Regulation. COMMENT: Under- the new Regulation, the Ganar-aska Region Conservation Author-ity can pr•oh i bi t, r-egul ate or- r•equi r-e an applicant to obtain the Authority's permission to undertake the following works: - the str•ai ghteni ng, changing, di ver•ti ng or- i nter•fer•i ng in any way with the existing channel of a river-, creek, stream or- water•cour-se; - the construction of any building or- sty-uctur•e in or- on a pond or- swamp or- in any area susceptible to flooding during a Regional storm; - the placing or- dumping of fill of any kind either- permanently or tempor-ar-ily, in any part of the area over- which the Author-i ty has jur•i sdi cti on. These powers are consistent with those enjoyed by other- Conser-vation Author-i ti es with Fill , Constr-uction and Al ter-ati on to Waterways Regulations. . . .3 i REPORT NO. : PD-66-85 Page 3 Staff have nevi ewed the draft Policy and Pt•ocedur-es Manual and note that the Author-i ty has had r-egar-d for- Official Plan policies and the Town's Comprehensive Zoning by-law in the formulation of its draft policies and pr•ocedur•es. Of par-ti cul ar- i nter-est, the Author-ity 's proposed policy r-egar-di ng works within r-egul ated areas states that pr-i or-i ty will be given to works consistent with the environmental policies of the respective municipality's Official Plan. As well , the Authority 's definition of a "swamp" indicates that it must be located within a Regional Storm floodplain or- an area designated as an Environmental Protection zone in the applicable municipality 's Official Plan or- zoning by-law. The wording of this definition is necessary inasmuch as the Conser-vation Author-i ti es Act per-mits an Author-i ty to r-egulate or- prohibit construction on swamps located outside the Regional Storm floodplain. By specifically limiting the application of the new Regulation to swamps located within an "Environmental Protection" zone, the Authority is avoiding possible conflicts between the new Regulation and the Town's Zoning By-law with respect to the permitted uses of such areas. Staff note that the meetings at which the Authority will be considering applications ar-e open to the public and both the applicant and concerned thi r-d par-ties may make r-epr-esentati on to the Authority with respect to an application. Under, both the Conservation Author-ities Act and the Authority's proposed Policy and Pr•ocedur-e Manual , an applicant who has been refused may appeal the decision of the Author-ity to the Minister- of Natural Resources. However, neither, the Act nor- the Authority's draft pr-ocedur-e pr-ovide for public notice or- the appeal of the issuance of a per-mi t. Given that one of the policy statements in the draft Manual states that the Authority will consider the effect of a proposed alteration to a water-cour-se on adjacent pr•oper-ty owners, Staff feel that it is important for- such pr-oper-ty owners to be advised of an application. It is they•efor-e recommended that . . .4 REPORT NO. : PD-66-85 Page 4 the Conservation Authority be requested to investigate the possibility of i ntr-oduci ng a public notification pr-ocedur•e for- some or- all applications made under- the new Regulation. Staff recognize however- that it is not within the mandate of the Conser,vati on Author-ity to initiate a pr•ocedur•e for- the appeal of the issuance of a per-mi t. With respect to the notification of municipalities within their- water-shed of the receipt of an application, Conservation Author-ity Staff have indicated that they would pr-efer- to make individual ay-r-angements with each municipality rather- than i ncor-por•ati ng pr•ocedur•es within the Manual . Author-i ty and Town Staff have discussed this matter- and have agreed to the pr•ocedur-e as outlined * on Attachment No. 1 to this r-epor-t. It is recommended that Council request the Conser-vation Author-ity to adopt this pr-ocedur-e for- the handling of applications r-ecei ved by the Author-i ty for- lands within the Town. The draft Policy and Pr-ocedur•e Manual states that if the Author-i ty is considering the refusal of an application, a full Hearing of the Author-i ty is to be held. A number- of agencies, including the respective area municipality, is given notice of the Hearing. However-, if the application is refused by the Authority, the draft Manual only provides for- the applicant to be advised of the Authority 's decision. It is they-efor•e recommended that the appr•opr-iate section of the draft Manual be amended to provide for- all par-ties who r-eceive notice of a hear-i ng to also r-ecei ve notice of the Author-i ty 's decision. It is recommended that the Ganar•aska Region Conservation Authority be advised that the Town of Newcastle has no objection to its draft Policy and Pr-ocedur•e Manual for- the Implementation of their- Fill , Construction and Alteration to Waterways Regulation. . . . .5 REPORT NO. : PD-66-85 Page 5 However, it is further recommended that the Conservation Authority be requested to give due consideration to the concerns identified * in this Staff Report and outlined on Attachment No. 2 to this Report. Respectfully submitted, T.T. Edwards, M.C.I .P. Director of Planning JAS*TTE*jip *Attach. April 12, 1985 ATTACHMENT NO.2 TO STAFF REPORT PD-66-85 Additional Considerations 1 . The Ganar-aska Region Conser-vation Author-ity is requested to investigate the possibility of introducing a public notification pr-ocedur-e for- some or- all applications made under, the new Regulation. 2. The Ganar•aska Region Conservation Authority is requested to amend its draft Policy and Pr-ocedur-e Manual to pr-ovide for- all pay-ties who r-eceive notice of a Hear-i ng of the Author-i ty under- the new Regulation, to also r-eceive notice of the Author-i ty's decision. i ATTACHMENT NO.1 TO STAFF REPORT PD-66-85 Recommended Pr-ocedur-e for- Notification of Applications 1 . Copies of all applications received by the Conservation Author-i ty for- lands within the. Town of Newcastle will be circulated to the Town for- review and/or- comment. 2. Copies of all per-mits issued by the Conser-vation Author-i ty under- the Regulation for- lands within the Town of Newcastle will be for•way-ded to the Town. 3. In the event of a Hearing being called, the Town will receive notice as provided for- in Section 5(9) of the Manual . i