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HomeMy WebLinkAboutPSD-019-01 . . .t \ Cl~mgron REPORT PLANNING SERVICES DEPARTMENT Meeting: Date: Report #: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Recommendation #6!!L-'/h7-O / MONDAY, SEPTEMBER YO~01 PSD-019-01 File# PLN'17.8.10 By-law # Subject: THE OAK RIDGES MORAINE - PROVINCIAL ADVISORY PANEL REPORT Recommendations: It is respectfully recommended that Council approve the following: 1. THAT Report PSD-019-01 be received; 2. THAT Report PSD-019-01 be endorsed as the consolidated comments of the Municipality of Clarington on the document entitled "Share Your Vision for the Oak Ridges Moraine", dated August - September 2001; 3. THAT the Advisory Panel on the Oak Ridges Moraine and the Honourable Chris Hodgson, Minister of Municipal Affairs and Housing, be requested to ensure ttat, in any plan for the Oak Ridges Moraine and any legislative action of the Government of Ontario in response to the report of the Advisory Panel, provision is made to protect the settlement between the Municipality of Clarington and the Aggregate Producers' Association of Ontario which resulted in policies incorporated into the Clarington Official Plan through Amendment 19 and Modification 173; 4. THAT a copy of the revised Official Plan policies negotiated with the Aggregate Producers' of Ontario and all residents' submissions be forwarded to the Ministry of Municipal Affairs and Housing; and 5. THAT the Ministry of Municipal Affairs and Housing (Oak Ridges Moraine Consultations Group), the Durham Region Planning Department, interested parties and all delegations be forwarded a copy of this report and be advised of Council's decision on this matter FORTHWITH. Submitted by: Reviewed bQ - Franklin Wu Chief Administrative Officer , JAS'BN'DC'df September 13, 2001 , , " , , REPORT: PSD.Q19.Q1 PAGE 2 1.0 PURPOSE OF REPORT On August 14, 2001, the Minister of Municipal Affairs and Housing released a document entitled "Share Your Vision for the Oak Ridges Moraine". The document, which was prepared by an advisory panel appointed by the Minister, sets out a proposed strategy for the long term protection and management of the Oak Ridges Moraine (ORM). Comments on the proposed strategy are required to be submitted to the Ministry by September 14, 2001. Committee and Council have previously considered two reports on the Province's proposed Oak Ridges Moraine strategy - Report PSD-006-01 and Addendum to PSD- 006-01. Council, at its meeting of September 10, 2001, referred these reports back to Staff for the preparation of a further report that also addressed comments submitted by the public on the draft Provincial Strategy. This report represents the consolidated comments of the Municipality of Clarington on the proposed strategy for the ORM prepared by the Province's advisory panel. 2.0 BACKGROUND The Provincial initiative on the Oak Ridges Moraine began on May 17, 2001 with the passing of the Oak Ridges Moraine Protection Act, 2001. This legislation established a six month moratorium on new development on the ORM and suspended the processing of all planning applications located on or affecting the Moraine. This includes Modification 173 to the Clarington Official Plan which is currently before the Ontario Municipal Board and which forms part of the Municipality's settlement with the Aggregate Producers of Ontario (APAO) on Referral NO.5 to the Clarington Official Plan. The advisory panel appointed by the Minister of Municipal Affairs and Housing in June 2001 was composed of representatives from environmental and conservation groups, the development and resource industries, municipal govemments, and academic circles. The advisory panel drew on the work that others had undertaken on the ORM, including , " , , REPORT: PSD-019-01 PAGE 3 the Regions of Durham, Peel and York (see Report PSD-005-01) in the preparation of the proposed strategy set out in the "Share Your Vision" report. The Province is also holding four Public Open Houses and consultation sessions from late August to mid- September 2001 as part of its consultation process for the Moraine. Staff attended a consultation session held in Uxbridge on August 28. Detailed background maps used by the advisory panel in the preparation of the proposed strategy were also available for public review at various provincial government offices. Copies of these maps were not made available to municipalities or the public. 3.0 OVERVIEW OF THE PROPOSED STRATEGY The report prepared by the advisory panel outlines a broad strategy for the ORM, and proposes a number of policy initiatives and implementation measures to give effect to the strategy. A summary of the key elements of the proposed strategy is provided below. 3.1 Land Use Plan The advisory panel encourages the provincial government to link planning on the Moraine to the Province's 'Smart Growth' initiative. Key to this is the conceptual land use plan for the ORM proposed by the strategy, which would classify all land on the Moraine according to the four broad land use designations noted below. A map included with the proposed strategy conceptually illustrates proposed land use designations across the entire Moraine and on adjacent lands. . Natural Core Areas (37% of the ORM) - These would include large concentrations of key natural features, significant hydrological areas and complex landforms. Within Clarington, only the Ganaraska Forest and the Long Sault Forest are proposed as core areas. Passive recreation, conservation and agricultural uses would be permitted. . Natural Linkage Areas (16% of the ORM) - These would include woodlots, wetlands, river and rural lands that serve to connect natural core areas and natural corridors such as rivers. A linkage area connecting the Ganaraska and Long Sault Forests is shown in a location that roughly corresponds to the Oak Ridges Moraine Natural Corridor shown in the Clarington Official Plan. A second linkage is shown connecting the Long Sault Forest with other forested lands to the west in Durham Region. '- REPORT: PSO.()19.()1 PAGE 4 Mineral aggregate operations would be permitted in addition to the uses permitted in Natural Core Areas. . Countryside Areas (38% of the ORM) - These would incorporate lands where rural and agricultural uses occur. In Clarington, the balance of the lands on the Moraine, including hamlets, are designated countryside. Permitted uses would include those permitted in the Natural Core and Linkage Areas, rural commercial, institutional and industrial uses, active recreation such as golf courses and ski hills, and rural residential uses. Residential consents may be permitted on 25 acre lots and in non- prime agricultural areas. However, it is not clear whether these uses would be permitted as-of-right, or only through official plan amendment and rezoning. . Settlement Areas (9 percent of the ORM) - These would incorporate lands already identified for urban uses in an approved official plan. Development would only be permitted based on studies of area-wide water resources and master servicing plan. Residents would be required to have full municipal services. However, it is not clear from information provided in the Advisory Panel report or from provincial staff whether hamlets would be considered as settlement areas or as part of the Countryside. The proposed strategy further recommends that, notwithstanding an area's land use designation, development would be prohibited from the following areas: . significant natural heritage features ie. wetlands, Life Science Areas of Natural and Scientific Interest (ANSls), significant woodlands, wildlife habitat and valleylands, significant portions of the habitat of threatened or endangered species and adjacent lands; . sensitive hydrological features, such as kettle lakes and depressions, streams, springs, seepage areas and associated riparian lands. The conceptual land use plan included in the proposed strategy is difficult to interpret, given its small size and the absence of municipal boundaries and other defining features. 3.2 Protection of Ground and Surface Water Resources The proposed strategy recommends that specific policies and implementation strategies for maintaining and enhancing the quality and quantity of water resources be developed for each land use designation. These would include wellhead protection, water budgeting, the maintenance of recharge functions, and a long term monitoring program. , , REPORT: PSD-019-01 PAGE 5 It is also recommended that all development be required to maintain and enhance the quality and quantity of groundwater and surface water, including groundwater recharge and discharge, baseflow to streams, water balance and the hydrogeological integrity of watersheds. 3.3 Mineral Aqqreqate Operations The proposed strategy states that the provisions of the Provincial Policy Statement would apply to mineral aggregate operations, permitting rehabilitation of mineral aggregate operations that maintain or enhance ecological integrity. It also recommends that within 12 months, the government develop a policy on aggregate extraction in conifer plantations, scrub growth and agricultural land in natural core areas, taking into account the issues of environmental impact and site rehabilitation. 3.4 Maintenance of Landscape Character The proposed strategy recommends that development projects in areas with complex or distinctive landforms be required to follow special design approaches and to protect Earth Science Areas of Natural and Scientific Interest (ANSls). One of the background maps, entitled "Landform Conservation", divides the Moraine into areas where landform conservation would or would not be required. No further information is provided, such as the criteria used in determining these areas, a definition of "complex or distinctive landforms", and the special design approaches being contemplated. In Clarington, areas identified as not requiring landform conservation include a part of the South Slope in northwest Darlington, the eastern portion of the Long Sault Forest, and the western portion of the Ganaraska Forest adjacent to the boundary with Manvers. 3.5 Roads and Public Utilities The strategy proposes that any roads, highways or other public utilities built on the Moraine be required to meet strict environmental and planning standards that are sensitive to the aRM's unique ecology. Roads and public utilities would generally be .. ,~ .. REPORT: PSD-019-01 PAGE 6 prohibited in natural areas and sensitive hydrological areas. The proposed strategy recommends that the Ministry of Transportation (MTO) develop new design standards for roads and utilities that would maintain key ecological linkages. It also recommends that MTO investigate design and construction standards for the 400 series highways that would minimize construction impacts, maintain continuous natural linkages, and allow wildlife to pass safely under roadways. 3.5 Continuous Recreational Trail The strategy proposes to develop a continuous recreational trail across the 160 km length of the aRM, to ultimately link to other natural areas such as the Niagara Escarpment and the Rouge River Valley. The trail is identified on the conceptual map included in the proposed strategy. 3.6 Publiclv and Privatelv Owned Lands The strategy proposes that the amount of publicly owned natural lands on the Moraine be doubled to 12 percent of the Moraine's area. This would translate to 23,400 hectares of land. It is also recommended that the property tax for privately held lands that contain trails, sensitive natural areas, hydrological areas, and important linkage areas be reduced. 3.7 Creatinq the Oak Ridqes Moraine Leqacv Trust The creation of a new body - the Oak Ridges Moraine Legacy Trust - is recommended to implement the non-regulatory aspects of the ORM plan and promote and support private land stewardship. The purpose of the Trust would not be to duplicate the efforts of government and non-government organizations that already provide stewardship support on the Moraine. Rather, the Trust is intended to enhance the efforts of such groups by facilitating greater cooperation and providing additional resources. , , REPORT: PSO-o19-o1 PAGE 7 The strategy proposes the following functions for the Trust:: . fundraising; . providing funds for research, monitoring, data acquisition, public education, land securement, conservation easements, protecting high priority areas, and maintaining and operating acquired lands; . providing stewardship incentives to private landowners; . supporting the creation of a continuous aRM trail by funding the purchase of access points, by building facilities, bridges and interpretative centres. The Trust would have no policy or regulatory function. It is proposed to be a financial partnership among the three levels of government (provincial, regional and local), conservation authorities, the private sector, and other interested organizations, although it is intended to operate at arms-length from any of these groups. The Province would provide the initial start-up funding but other longer term funding sources would need to be found. The proposed strategy also suggests that the federal government could contribute to funding the Trust. 3.8 Roles and Responsibilities The strategy suggests various roles and responsibilities for the different levels of government involved with the aRM, as well non-governmental organizations. The provincial government would provide leadership on the Moraine by creating the Legacy Trust, and by providing clear direction to municipalities and other decision-makers by passing specific legislation and by adopting a long term plan to govern the future of the Moraine. The Province would also provide ''warehouse services" for natural heritage and water resources data. Municipalities would have the primary responsibility for implementing the proposed Oak Ridges Moraine plan. All official plans and zoning by-laws would be required to be brought into compliance with the provincial plan. Municipalities would also be required to " " REPORT: PSD-019-01 PAGE 8 support the plan's implementation by developing appropriate policies and programs to achieve its goals, including the provision of funding and technical support for these policies and programs, and by contributing funding to the Legacy Trust. Conservation authorities would also be required to support the implementation of the provincial plan through developing appropriate policies and programs, securing and managing key lands, administering incentive and educational programs, providing stewardship support, and collecting, monitoring and interpreting data. 3.9 Issues Pendinq Further Discussion The proposed strategy identifies a number of difficult and complex issues that require further discussion and analysis, including: . developing setbacks to protect hydrologically sensitive features and natural areas; . developing a wellhead protection strategy; . assessing the recharge capacity required to maintain hydrological functions; . creating an approach to water-taking that allows for sustaining groundwater levels; . developing a groundwater conservation policy; . dealing with lands adjacent to the Moraine and lakes and rivers downstream; . establishing certainty in the planning process and a stream-lined approvals process in settlement areas; . creating implementation guidelines; . developing performance measures to assess the effectiveness of the plan and monitor its implementation. 4.0 SETTLEMENT OF APAO'S OBJECTIONS TO CLARINGTON OFFICIAL PLAN POLICIES 4.1 The Aggregate Producers' of Ontario referred a significant portion of the Clarington Official Plan at the time of its approval in 1996 (Referral No.5). In 1997, the APAO appealed Amendment NO.3 to the Plan. The Municipality also appealed the Region of REPORT: PSO-019-01 PAGE 9 Durham's failure to approve certain portions of the Plan (Appeals 2 and 3). Lengthy negotiations between the Municipality and the APAO, with the participation of the Ministry of Municipal Affairs, the Ministry of Natural Resources, the Conservation Authorities, and SAGA and STORM, resulted in a settlement and the incorporation of revised policies in the Clarington Official Plan through Amendment 19 and Modification 173. Amendment 19 has been approved by the Region of Durham. Modification 173 has not been dealt with by the Ontario Municipal Soard because of the Oak Ridges Moraine Protection Act, 2001. It removed the OMS's jurisdiction to deal with the matter for 6 months. 4.2 The revised policies resulted in extensive changes to the Clarington Official Plan. The most significant changes are summarized below: Chapter 4 - Natural Environment and Resource Management . Greater balance between protection of the natural environment and management of natural resources; . Identification of the core components of the natural heritage system, including significant woodlands and the Ganaraska and Long Sault Forests; . New strategic policies on the Oak Ridges Moraine, including the Oak Ridges Moraine Natural Corridor to connect the Ganaraska and Long Sault Forests; . New strategic policies on mineral aggregate resources; . Identification of environmental and social constraints to aggregate extraction, including the Ganaraska and Long Sault Forests. Chapter 15 - Aggregate Resources . Aggregate Extraction Areas to be shown on Map A as overlay designation; . Policies for establishment or expansion of aggregate extraction operations, including study requirements. 4.3 Some of the significant differences between the Clarington Official Plan policies and the report entitled Share Your Vision for the Oak Ridges Moraine are as follows: . core areas in the Clarington Official Plan include among other features, woodlands greater that 30 ha; Natural Core Areas in the Provincial Plan appear to be greater than 400 ha (only the Ganaraska and Long Sault forests identified); . Ganaraska and Long Sault Forest boundaries appear to be smaller in the Provincial Plan; . Aggregate extraction is prohibited in core areas identified in Clarington Official Plan; Aggregate extraction is permitted in Natural Linkage Area Lands (much of which is ,. REPORT: PSD-019-01 PAGE 10 identified as core areas in the Clarington Official Plan) subject to ecological constraints. . the Clarington Official Plan prohibits aggregate extraction in the entire Ganaraska and Long Sault Forests; under the draft Provincial Plan, aggregate extraction of the conifer plantation and scrub growth areas within the Ganaraska and Long Sault Forests under new government policy to be developed over next 12 months; and . the Clarington Official Plan provides for area wide rehabilitation plans. 4.4 The settlement with the APAO was reached after a lengthy period of negotiations that involved provincial ministries, local Conservation Authorities and citizens groups. These policies were prepared under the existinq Provincial Policv Statement and achieve the balance between the protection of the natural environment and the management of natural resources contemplated by the Policy Statement. 5.0 PUBLIC COMMENTS Residents made a number of submissions to both Committee and Council on the draft Provincial strategy for the Oak Ridges Moraine. A summary of their comments, and the suggested Municipal response, fonms Attachment NO.1 to this Report. A number of the comments have been incorporated into the Municipality's comments on the draft Strategy as set out in Section 6 of this report. 6.0 MUNICIPALITY'S COMMENTS 6.1 General Comments The Municipality supports the Province's efforts to provide clear and consistent direction on the future of the Oak Ridges Moraine. The development of a comprehensive strategy recognizes that the Moraine is a single ecological unit that needs to be dealt with in a consistent manner. REPORT: PSD-019-01 PAGE 11 The Municipality is concerned that the provincial government is moving too quickly on developing a strategy for the Oak Ridges Moraine. The public consultation period is too short and insufficient detail has been provided to allow for the effective review and the preparation of comments on the proposed ORM strategy. The Province's Oak Ridges Moraine Strategy should be consistent with a number of parallel processes that are currently underway, and should incorporate any relevant conclusions resulting from these other processes. These parallel processes include the Province's Smart Growth Initiative, the five year review of the Provincial Policy Statement, and the report from the Walkerton inquiry. The finalization of a plan for the Oak Ridges Moraine prior to knowing the results of these other processes could result in the creation of a plan that is fundamentally flawed. Furthermore, efforts to curb sprawl on the Oak Ridges Moraine must be linked to an overall growth management strategy. The Province's Oak Ridges Moraine strategy should not diminish municipal planning standards but provide additional protection of the environment and control on sprawl. The proposed land use policies for the Moraine appear, for the most part, to be weaker than those already incorporated in to the Clarington Official Plan. These policies, if approved, may represent the minimum provincial standards and that, as with the Provincial Policy Statement, municipalities would be penmitted to approve more restrictive policies. Further, many development interests, including the aggregate industry, resist additional restrictions imposed by municipalities and, as a result, development standards tend to gravitate down to minimum provincial standards. The Oak Ridges Moraine legislation should make provIsions to protect the settlement between the Municipality of Clarington and the Aggregate Producers' Association of Ontario. This settlement was negotiated over a lengthy period of time under the existing Provincial Policy Statement. Given that the goal of the legislation is to protect the Moraine as a continuous natural environment for future generations, the protections that Clarington negotiated should be enhanced and not diminished in any way. .' REPORT: PSD-019-01 PAGE 12 The provincial government should commit to a further period of public consultation prior to finalizing the proposed strategy and passing new legislation. The proposed strategy could significantly change as the result of comments currently being submitted. As well, public input on the draft legislation is crucial given that it will establish how the Oak Ridges Moraine plan will be implemented. 6.2 Natural Core Areas The proposed strategy does not identify the criteria that were used to define Natural Core Areas. No definitions are provided as to what would constitute "large concentrations of key natural features, significant hydrological areas and complex landforms". It is therefore difficult to comment on whether the boundaries ofthe proposed Natural Core Areas are appropriate and whether additional areas should be so designated. Additional significant natural heritage areas should be designated as Natural Core Areas and identified as being off-limits to development. Most of these features are identified in the Clarington Official Plan as the core components of the natural heritage system. There is a concern that the Province is setting the standard too low. The inclusion of agriculture as a permitted use in Natural Core Areas is not appropriate. Agricultural activities may involve the clearing of trees that form part of significant wildlife habitat, and manure storage and the use of pesticides and herbicides that may adversely affect sensitive groundwater recharge areas. The strategy should specify that only existing agricultural operations should be permitted, as currently provided for in the Provincial Policy Statement. 6.3 Natural Linkaae Areas Agricultural activities should be limited in Natural Linkage Areas. Much of these areas comprise ecologically significant areas. Furthermore, the goal is to extend natural REPORT: PSO-019-01 PAGE 13 habitat areas over time to perform this linkage function. Accordingly, as in Natural Core Areas, only existing agriculture operations should be permitted. The uses permitted in Natural Linkage Areas should be limited to those that will not adversely affect the function of these areas as wildlife corridors. Linkages are crucial to maintaining the biological health and diversity of the Moraine ecosystem. Aggregate extraction operations are disruptive and the Strategy should recommend that they not be permitted. However, if extraction operations are not to be excluded from linkage areas, provisions should be established to limit their life span and to expedite their rehabilitation. 6.4 CountfYside Desianation Rural commercial, institutional or industrial uses should be permitted only in accordance with the local official plan and should be limited in scale, and related to agriculture or the rural environment. Small cottage industries (eg. woodworking, farm produce storage), small institutional uses serving rural residents and certain commercial uses (antique dealers, country inns, farm implement dealerships) may be appropriate subject to local official plan policies and detailed review. The best locations for these types of uses should remain settlement areas. The creation of new residential lots in subdivisions or by consent, should generally not be permitted in the Countryside area. The Clarington Official Plan prohibits such uses on the Moraine and the Municipality has not received any indication from the Province that we would be forced to adopt less restrictive policies. However, the establishment of such uses in other areas of the Moraine and, in particular the proposal to permit the creation of 25 acre (10 ha) residential lots, would only serve to erode the rural fabric and the ecological functions of the Moraine. There may be some situations of infilling or "rounding out" of hamlets that are appropriate. REPORT: PSD-019-01 PAGE 14 The Municipality objects to the proposal to review the prohibition on estate residential subdivisions in the Countryside area every five years. The maintenance of the rural character of the Moraine should be one of the basic tenets of any Provincial strategy, and subjecting it to a review every five years would only serve to undermine the Strategy. At the very least, it should only be considered after the 10 year review. 6.5 Settlement Areas Hamlets should be recognized as a "rural" settlement area. As such, the draft strategy should provide specific servicing policies for hamlets that are distinct from the policies for urban areas. Requiring full urban services for hamlets is not practical. The ability of each hamlet to accommodate new growth, in particular the availability of suitable water resources, needs to be established Hamlets should be promoted as the preferred location for any residential, commercial, industrial and institutional uses on the Oak Ridges Moraine. New development on the Moraine should be limited. However, hamlets function as the traditional focus of activity in rural areas and, as such, play an important role in the land use structure of the Moraine. Directing new development activity on the Moraine to established settlement areas would help preserve the rural character of the Moraine. 6.6 Aaareaate Extraction The Municipality strongly objects to the recommendation that the government develop a policy on aggregate extraction in conifer plantations, scrub land and agricultural land in Natural Core Areas. The Municipality objects to the development of any provincial policy that would pennit aggregate extraction to occur, even on a restricted basis, within the Ganaraska Forest and the Long Sault Forest. Natural core areas, such as the Ganaraska Forest and the Long Sault Forest, provide large undisturbed blocks of interior habitat that are crucial for the survival of sensitive animal and bird species. A diversity of ecological communities within core areas such as that provided by plantations, scrub land and agricultural land, are important to the ecological functions of core areas. Disruptive and noisy activities such as REPORT: PSD-019-01 PAGE 15 aggregate extraction would be detrimental to the ecological functions of core areas and should not be permitted. The Strategy should recommend that the Province encourage the closure of existing aggregate operations in Natural Core Areas, rather than encouraging new extraction, even on a limited basis. The proposed strategy should recommend that the Province review options for minimizing the impact of aggregate extraction operations on the Moraine, in particular by restricting the lifespan of extraction activities and ensuring progressive rehabilitation. Currently, under the Aggregate Resources Act, extraction operations are permitted to remain open indefinitely. Expediting extraction by imposing a finite lifespan and other measures, such as requiring the least sensitive areas to be extracted first, would help to minimize the impact of aggregate extraction on the physical, biological and visual values of the Moraine. The rehabilitation of all aggregate extraction operations on the Moraine should be undertaken in the context of area-wide rehabilitation plans. Such plans could ensure that the rehabilitation provides for the creation of appropriate landforms, wildlife habitat and corridors, and protects scenic views and vistas. 6.7 Water Resources Comments on the issue of protecting water resources will be provided once further detail is provided. The Municipality supports the principle of maintaining and enhancing groundwater and surface water resources. However, the proposed strategy does not provide any detail regarding study requirements and possible measures to achieve this goal. In this regard, it is not possible to provide substantive comments at this time. The Regions of Peel, York and Durham have studies to develop a comprehensive groundwater management strategy for the Oak Ridges Moraine. REPORT: PSD-019-01 PAGE 16 6.8 Landscape Conservation The Municipality supports the principle of requiring special design approaches to protect the distinctive landscape character of the Moraine, but will reserve specific comments on this issue until more detailed information is provided. Special design approaches, including area-wide rehabilitation plans, should however be mandatory for all aggregate extraction operations located on the Moraine, regardless of whether or not they are located in an area identified as requiring landform conservation. 6.9 Roads and Public Utilities The Municipality is very supportive of design and construction techniques for roads and utilities that are sensitive to ecological functions and that facilitate the movement of wildlife. The Clarington Official Plan contains a policy (4.4.14) which encourages the provincial govemment to investigate and implement measures to facilitate the movement of wildlife across Highway 35/115 and the future Highway 407 where it crosses the Oak Ridges Moraine Natural Corridor. This policy should also apply to the major north-south valley systems which are important connecting linkages. The Municipality also encourages the Ministry of Transportation to re-examine the technically preferred route for Highway 407 at its eastern terminus. Highway 407 should connect with Highway 35/115 north of Kirby, rather than swinging northward. This would avoid having both highways cross the Moraine. 6.10 Continuous Recreational Trail The Municipality encourages the provincial government to provide additional financial assistance for the maintenance and improvement of the Oak Ridges Moraine Trail. The Trail is currently in place across the entire Municipality of Clarington, including through the Ganaraska Forest. The Trail is maintained by the Oak Ridges Trail Association (ORTA) which relies on funding from a variety of sources to maintain and improve the trail. REPORT: PSD-019-01 PAGE 17 6.11 Implementation The Province should consider the merits of a Provincial Commission as a body to administer the Provincial Plan and resolve disputes. There will be an ongoing need to review municipal plans, update the Provincial Plan and mediate disputes which could arise. At the present time, this would appear to reside with the Ministry of Municipal Affairs staff, but there are merits to having an arms-length body. The province's strategy should specifically permit municipalities to adopt more restrictive official plan and zoning provisions. Local planning documents will be required to be brought into compliance with the provincial Oak Ridges Moraine plan. However, the Municipality is concerned that it will be forced to use minimum provincial standards designed for fast-growing areas such as Richmond Hill, rather than "made-in- Clarington" policies such as those that are currently in effect in its Official Plan. The Province needs to ensure that the municipalities will not be subject to legal challenge and costly OMB Hearings in order to bring there planning documents into compliance with the Provincial Plan. The legislation should specifically exempt these amendments from the appeals process under the Planning Act. The Province needs to provide adequate time for municipalities to implement the Provincial Plan. After the adoption of the Provincial ORM Plan, there will be a tremendous effort required to bring Local Official Plan and Zoning into compliance. The Province needs to provide a reasonable period to do this, at least 12 months. 6.12 Fundina and Incentives The Municipality urges the provincial government to commit to providing sufficient funding to municipalities and conservation authorities to assist in the implementation of the Oak Ridges Moraine Plan. Achieving the Plan's goals will be difficult without corresponding financial support from the provincial government. As well, compelling municipalities through legislation to provide financial and staff support to the '. REPORT: PSD-019-01 PAGE 18 implementation of the ORM Plan may divert scarce financial and staff resources away from other priority areas. The Municipality has some concerns with the Panel's recommendations include property tax reductions for privately held lands that contain trails, sensitive natural areas hydrological areas and important linkage areas. From an assessment perspective, there has to be a clearly defined list of "attributes" which would warrant a reduction and the amount of reduction. The net effect will be a shift of tax burden primarily to the residential class who are already significantly affected by the capping legislation. There needs to be tax impact studies undertaken to determine what would happen to each municipality affected. The Municipality encourages the provincial government to provide funding to municipalities and conservation authorities to assist in the acquisition of lands on the Oak Ridges Moraine. The Municipality supports increasing the amount of publicly owned lands on the Moraine. However, the acquisition of such lands could drain funds away from other priority areas such as the Lake Ontario Waterfront and municipal parks. The proposal to reduce municipal property taxes on private lands containing significant natural features could further compound the financial impact on municipalities. The strategy should consider the possibility of dedicating closed and rehabilitated pits to public agencies. The Municipality supports the concept of a single organization to co-ordinate and promote stewardship activities on the Oak Ridges Moraine. An operating model similar to that of the former Waterfront Regeneration Trust may be successful. It should be very clear however, that the mandate of the Trust will be to support and not frustrate local initiatives that benefit the Oak Ridges Moraine. The Municipality urges the provincial government to demonstrate its commitment to the Legacy Trust by providing funding beyond the initial start-up stage. The effectiveness of the Trust could be severely compromised if it does not have access to secure long term funding. REPORT: PSO-019-01 PAGE 19 7.0 CONCLUSION The Province's plan for the Oak Ridges Moraine must provide a strong policy framework and an effective implementation strategy that balance the competing demands for the Moraine's resources and protect the Moraine for future generations. The Province should not proceed too hastily given the complexity of the issues involved and the importance of "getting it right". The Municipality's comments are consistent with the revised Official Plan policies negotiated between the Municipality and the APAO. These policies achieves the balance between environmental protection and the use and management of resources required by the Provincial Policy Statement and for the most part, provide a greater level of protection for the Oak Ridges Moraine than the Province's draft strategy. It is therefore important that the policies contained in the negotiated settlement of the APAO's objection to the Clarington Official Plan be included in any plan of the Government of Ontario in response to the report of the Advisory Committee and on the Oak Ridges Moraine. Attachments: Attachment #1 Summary of Public Comments .. REPORT: PSD-019-01 PAGE 20 Interested parties to be notified of Council and Committee's decision: Honourable Chris Hodgson Minister of Municipal Affairs & Housing 17th Floor, 777 Bay Street TORONTO, Ontario M5G 2E5 Jessica Markland 2377 Highway #1 Apt. 444 BOWMANVILLE, Ontario L 1C 5E2 Ministry of Municipal Affairs & Housing Advisory Panel Oak Ridges Moraine Consultation 1 th Floor, 777 Bay Street TORONOTO, Ontario M5G 2E5 Kerry Meydam 3828 Trulls Road COURTICE, Ontario L 1 E 2L3 John O'Toole Government of Ontario 75 King Street East BOWMANVILLE, Ontario L 1 C 1 N4 Libby Racansky 3200 Hancock Road COURTICE, Ontario L 1 E 2M1 Alex Georgieff Commissioner of Planning Region of Durham Planning Department 1615 Dundas Street East Lang Tower, West Bldg., 4th Floor, Whitby Mall WHITBY, Ontario L1N6A3 I rv Harrell 1414 Harmony Road North OSHAWA, Ontario L 1 H 7K5 Sandy Cook and Ted Kilpatrick 8733 Leskard Road ORONO, Ontario LOB 1 MO SAGA (Save the Ganaraska Again) c/o Ms. Katherine Guselle 45 Connaught Street OSHAWA, Ontario L 1G 2H1 Linda Gasser 7421 Best Road P.O. Box 399 ORONO, Ontario LOB 1 MO CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-6506 ATTACHMENT NO.1 PROVINCIAL OAK RIDGES MORAINE STRATEGY PUBLIC COMMENTS COMMENT MUNICIPAL RESPONSE DELEGATION Irv Harrell Linda Gasser Ted Kilpatrick Linda Gasser Sandy Cook Rural commercial, institutional and industrial uses, as well as active recreational uses should not be permitted as-of-right in the proposed Countryside designation. Need a clear definition of what uses would be permitted in the Countryside area., especially rural commercial, institutional and industrial uses. Katherine Guselle Residential subdivisions should not be permitted in (SAGA) Countryside areas. The policy on excluding country residential subdivisions from the Countryside area should be reviewed every 10 years, rather than 5 years. Katherine Guselle (SAGA) Katherine Guselle Object to permitting 25 acre residential lots to be Ted Kilpatrick created by consent in the Countryside area. Agree with qualification. See Section 6.4 Agree. See Section 6.4 Agree. Prohibited in Clarington Official Plan. Agree. See Section 6.4 Agree. Minimum size in Durham Region is 100 acres. Jessica Markland Jessica Markland Linda Gasser Development on the Moraine should be kept to a minimum.. Proposals for communal servicing should not be considered Non-agricultural commercial, institutional or industrial uses may not be appropriate in Settlement Areas, given that some have municipal services, while others do not. Agree. Partially agree. See Section 6.5. Agree. Rural settlement areas like hamlets need to be considered distinct from urban settlement areas. DELEGATION Libby Racansky Sandy Cook COMMENT Additional population growth on the Moraine should not be considered without better information on water resources. Rural commercial, industrial and institutional should only be permitted in Settlement Areas. MUNICIPAL RESPONSE Agree, Agree. See Section 6.4. Katherine Guselle (SAGA) Katherine Guselle (SAGA) Jessica Markland Sandy Cook Jessica Markland The province should not consider aggregate extraction on plantation forests, and agricultural and scrub lands in Natural Core Areas. Existing aggregate extraction in Core Areas should be A See Section 6.6 phased out, and not be allowed to expand. gree. Need a mechanism to expedite aggregate extraction and rehabilitation on the Moraine. Aggregate extraction should occur first in the least environmentally sensitive portions of the aRM. Agree. See Section 6.6 Agree. See Section 6.4 Agree. Clarington Official Plan and Proposed Provincial Plan would do this but the definition of environmentally significant lands have not been determined DELEGATION Sandy Cook Jessica Markland Linda Gasser COMMENT Aggregate operations should not be permitted in either the Natural Core or Linkage areas. Gravel pits should not be permitted in linkages. They remain open indefinitely and act as barriers to wildlife movement. Cannot craft a policy on aggregate extraction within Natural Core areas without appropriate groundwater studies and natural heritage information. MUNICIPAL RESPONSE Agree. See Section 6.6 Partially Agree. If the corridor is narrow, this is increasingly important. Disagree. Extraction in Natural Core Areas should not be considered under any circumstances. Jessica Markland Jessica Markland Sandy Cook Opposed to permitting factory farms on the Moraine. Need legislation, rather than guidelines and recommendations, to control farming practices to prevent contamination of groundwater. Agricultural uses should not be permitted in Natural Core areas or Linkage areas. Agree that the impact of intensive livestock operations on groundwater needs to be considered. See Section 6.12. This issue is being addressed by the Nutrient Management Act. Partially agree. Farm fields can help provide cover and habitat for wildlife. See Section 6.3. Jessica Markland Libby Racansky Jessica Markland , , Need more information on groundwater to prevent contamination. Uncertainty created by climate change emphasizes need to protect groundwater recharge areas. The Municipality should provide advice to assist the Province in establishing goals and guidelines on the protection of water resources. The Tri- Region report on the Oak Ridges Moraine is addressing the need for a comprehensive approach to groundwater rnanagement across the Moraine. Provincial Plan should incorporate any findings or assume this work. See Section 6.7. DELEGATION Katherine Guselle Jessica Markland COMMENT The Municipality should address the requirements for a comprehensive groundwater study and a water budget prior to any development. Water-taking should be monitored on at least a quarterly basis. MUNICIPAL RESPONSE Jessica Markland Jessica Markland Jessica Markland Sandy Cook Linda Gasser Libby Racansky Ted Kilpatrick Design and construction standards for 400 series highways should be reviewed to maintain wildlife linkages. Improve rail lines and transit to reduce the need for new highways and mineral aggregate to build them Highway 407 is not required past its present termination point. Highway 407 is not required if other highway improvements, such as widening Taunton Rd, are pursued. The Municipality should not provide specific comments about the terminus of Highway 407 at this time. The entire technically preferred route for Highway 407 must be re-examined, rather than just the eastern terminus. Agree. See Section 6.9. Agree. Needs to be considered in overall Smart Growth strategy for Province. The need for the Highway 407 extension will be addressed by the Province through a Needs Assessment. The Municipality's response only addresses the eastern terminus of the technically preferred route for Highway 407 since this is the only area in Clarington where the highway is proposed to cross the Moraine. " t DELEGATION Jessica Markland Sandy Cook Linda Gasser COMMENT The Province should commit funds to undertake research and to provide information to all levels of government and the public prior to finalizing the plan for the ORM. The development freeze should be maintained until then. A dispute resolution process outside of the OMS should be developed. The draft Strategy should identify a dispute resolution mechanism, or an appeals or hearing process. MUNICIPAL RESPONSE Agree. Long term funding needs to be provided to allow for on-going research. See Section 6.12. Clear provincial policies would be the most effective means to avoid disputes. Linda Gasser The Municipality's comments on the 5 year review of the PPS should reflect and be consistent with its comrnents on the draft ORM strategy, which are due October 12,2001. Agree. Jessica Markland Linda Gasser The Province should provide adequate staffing in the Ministries of the Environment, Natural Resources and Municipal Affairs to ensure that the ORM plan is implemented. The Province should provide sufficient funds for effective public education programs. Agree. See Section 6.12. lrv Harrell '. " If the uses proposed by the Strategy to be permitted in the Countryside designation are enshrined in Provincial legislation, the Clarington Official Plan will be forced to corn ply. Agree. This legislation will override municipal planning powers. See Section 6.1. DELEGATION COMMENT MUNICIPAL RESPONSE Stronger implementation policies are required to Libby Racansky protect the features and functions of the Oak Ridges Agree. Moraine over the long term. Substantial setbacks with buffers from core areas and Libby Racansky linkages should be firmly established and reflected in Agree that buffers are important and need to be all municipal, regional and provincial lands and established on the basis of clear scientific infonmation. policies. Katherine Guselle The Province should commit to further consultation Linda Gasser when more detailed infonmation is available and when Agree. See Section 6.1. Ted Kilpatrick legislation is drafted. Restricting development on the Moraine will increase The Oak Ridges Moraine strategy needs to be Linda Gasser development pressure on adjacent lands. examined in the context of the Province's Smart Growth Initiative. See Section 6.1. Linda Gasser Any plan for the Moraine must be enacted by Disagree. The issue of balance among different pieces Sandy Cook legislation that supersedes other legislation. of legislation is very complex. Need a mechanism that allows higher standards to Partially agree. There is a also a need to maintain Linda Gasser be incorporated into the ORM plan outside of the 10 year review period. consistency between review periods. Linda Gasser If the ORM plan put in place by the Province is flawed, we would be stuck with a bad plan for at least 5 years. Agree. The short time frame being provided by the Ted Kilpatrick The Province is rushing to implement the ORM policy. Province to develop a strategy for the Oak Ridges Moraine is too short. See Section 6.1. Ted Kilpatrick Extend the development moratorium on the Moraine Jessica Markland by six months. The legislation should establish a transition period Agree. The Province has indicated there will be a Linda Gasser and a list of issues that would be dealt with during this period. transition period. . , DELEGATION COMMENT MUNICIPAL RESPONSE The provincial policy should incorporate the policies The settlement negotiated with the APAO is a "made-in- Sandy Cook from the negotiated settlement between Clarington Clarington" solution that should be protected in the and the APAO. transition. Sandy Cook Council should seek expert advice on linkage and Noted ecological buffer widths. Council should seek expert advice concerning Class 4 Sewage disposal is the responsibility of the Region of Sandy Cook septic systems and alternative waste management Durham. technologies. Linda Gasser The Provincial Plan should contain very strong Strong provincial policies are necessary to ensure a Sandy Cook polices, and not rely on municipalities to impose more consistent and comprehensive approach across the Oak restrictive standards. Ridges Moraine. However, municipalities must retain A strong provincial policy that treats the ORM as a the ability to impose greater restrictions to reflect local Ted Kilpatrick single ecosystem is preferable to a fragmented conditions. See Section 6.1. municipal approach. . . , j .