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HomeMy WebLinkAboutPD-273-86 TOWN OF NEWCASTLE ' t�C REPORT File # 22• 14 Res. By-Law # DING: General Purpose and Administration Committee DATE: Monday, November 17, 1986 REPORT #: PD-273-86 FILE #: PLN. 16.6.1 SUBJECT: PROVINCIAL POLICY STATEMENT - FLOOD PLAIN PLANNING RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-273-86 be received; and 2. THAT the Ministry of Natural Resources be advised that the Town of Newcastle has no objection to the proposed Policy Statement on Flood Plain Planning; and 3. THAT a copy of Staff Report PD-273-86 and Council 's decision on this matter be forwarded to the Region of Durham, the Central Lake Ontario Conservation Authority, the Ganaraska Region Conservation Authority, and the Kawartha Region Conservation Authority. BACKGROUND: On September 16, 1986, the Town received a letter jointly issued by the Minister of Natural Resources and the Minister of Municipal Affairs forwarding a copy of the Province's draft Policy Statement on Flood Plain Planning. A copy of the Policy Statement is available for review in the Planning Department. This Policy Statement has been issued under the authority of Section 3 of the Planning Act, 1983 and replaces the "Flood Plain .. .2 REPORT NO.: PD-273-86 Page 2 Criteria Policy Statement" which was issued by the Provincial Government in September, 1982. Section 3 of the Planning Act provides for the Minister of Municipal Affairs, together with any other Minister of the Crown , to issue policy statements on matters related to municipal planning that, in the opinion of the Minister, are of provincial interest. Various bodies, including municipal Council , are required to have regard to Policy Statements issued pursuant to Section 3 in exercising any authority that affects any planning matters. Staff have reviewed the proposed Policy Statement and note that, in many respects, it is more flexible in its requirements than the Flood Plain Criteria. Specifically, Staff note that the Flood Plain Criteria define the Regulatory Flood for southern Ontario, including Newcastle, as being the greater of the Regional Flood or the 1:100 year flood. The Regional Flood, and therefore the current Regulatory Flood, within both the Central Lake Ontario and Ganaraska watersheds is the flood resulting from Hurricane Hazel . As such, in many areas of the watersheds, the Regulatory Flood is significantly more restrictive than the 1: 100 year flood. The proposed Policy Statement allows municipalities with a Regulatory Flood Standard greater than the minimum acceptable, being the 1:100 year flood, to apply to the Ministry of Natural Resources to change the standard subject to such a change being supported by a significant majority of municipalities within the watershed. both the Flood Plain Criteria and the proposed Policy Statement permit a Two Zone Concept, whereby no development would be permitted within the floodway but conditional development would be permitted within the flood fringe. In general terms, the floodway is defined as the inner portion of the flood plain required for the safe passage of flood flows where flood depths and velocities are considered to be such that they pose a potential threat to life and property. The flood fringe is defined as the outer portion of the flood plain where flood depths and velocities are generally less severe than those experienced in the floodway. Whereas the Flood Plain Criteria . . .3 REPORT NO. : PD-273-86 Page 3 specifies that the floodway is to be based on the minimum of a 1:100 year flood, the Policy Statement provides for the extent of the floodway to be based on local conditions. Both documents require the level of protection in the flood fringe be to the level of the regulatory flood, with the crucial difference being the defined level of that regulatory flood which can now be reduced to the 1:100 year occurrence. Both documents also provide for a municipality to apply to have certain areas designated as Special Policy Areas where the other policies would impose undue hardship. The Flood Plain Criteria intended that such designations be restricted primarily to existing exceptional situations. However, the Policy Statement is not as restrictive in its application of -the Special Policy Area designation, and requires that municipalities delineate such 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. The proposed Policy Statement further provides, however, that, notwithstanding the policies relating to development within floodplains, new development associated with institutional uses (eg. hospitals and schools), with essential services or with substances of a chemical , hazardous or toxic nature, would not be permitted to locate within flood plains. Staff' s review of the proposed Policy Statement indicates no further significant differences from the flood plain criteria. COMMENT: In general terms, Staff have no objection to the proposed Policy Statement, inasmuch as it is more flexible in its provisions than the Flood Plain Criteria. Staff note that Council has already adopted a resolution indicating support for a 1: 100 year Regulatory Flood for the watersheds within the Town. As indicated earlier in this report, the proposed Policy Statement provides for the reduction of the Regulatory Flood. In addition, a number of areas have been suggested as Special Policy Areas pending adoption of the 1: 100 year Regulatory Flood for the Town 's watersheds. . . .4 REPORT NO.: PD-273-86 Page 4 The Policy Statement states that municipalities shall have regard for flood susceptibility at the various stages of the land use planning process. To that end, the Policy Statement requires municipalities to incorporate appropriate policies within their Official Plan with respect to permissible development within flood plains. As well , for areas where the two zone concept has been applied, appropriate provisions with respect to land uses in the floodway and the flood fringe are to be included in the municipality's Zoning By-law. At such time as the Policy Statement has been approved by the Provincial Government, -it would be appropriate for Staff to prepare policies for inclusion in the Town' s Official Plan to permit the Town to take advantage of the more flexible policies dealing with flood plain development. It is respectfully recommended that the Ministry of Natural Resources be advised that the Town of Newcastle has no objection to the proposed Policy Statement on Flood Plain Planning. It is further recommended that a copy of Staff Report PD-273-86 and Council ' s decision on this matter be forwarded to the Region of Durham, the Central Lake Ontario Conservation Authority, the Ganaraska Region Conservation Authority, and the Kawartha Region Conservation Authority. Respectfull sub itted, 1 T.T. Edwards, M.C.I .P. arry of ,e , Director of Planning Chief Ad in'' trative Officer t JAS*TTE*j i p *Attach. October 31, 1986