APPENDIX F: EXTERNAL APPROVALS

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1 1.0 RESPONSIBILITIES When the City is constructing the Park or Open Space Development lands (OPTION I), after the subdivision construction process is completed by the Developer, Open Space Development and Park Planning staff in Public Works shall undertake the necessary steps to obtain external approvals and/or permits for the proposed works from the required agencies. When the Developer chooses to construct the Park or Open Space Development lands (OPTION II), it shall be the responsibility of the Developer to determine which agency (agencies) have jurisdiction over the lands in question. The Developer is responsible for following any permit or approval application procedures outlined by the appropriate involved agency. This process may vary, depending on the agencies involved. The City of Hamilton land area falls under the jurisdiction of five Conservation Authorities. These are: The Hamilton Conservation Authority, the Halton Region Conservation Authority, the Grand River Conservation Authority, the Credit Valley Conservation Authority, and the Niagara Peninsula Conservation Authority. 2.1 Conservation Authority Act History and Impacts to Development Process In 1995, the Red Tape Reduction Act established the Red Tape Commission. This Commission created a process to implement changes to the Conservation Authority Act of 1946, to bring the Conservation Authority Act in conformity with the Provincial Policy Statement. The Conservation Authorities to this point had developed individual regulations to implement the 1946 Conservation Authority Act. The new Generic Regulations were intended to bring consistency across Ontario for the regulation of development around wetlands and watercourses. The new Ontario Regulation 97/04 was officially titled Development, Interference with Wetlands and Alteration to Shorelines and Watercourses, and features that are subject to the regulation include: watercourses, hazardous lands, river or stream valleys, shoreline of the Great Lakes, and wetlands (CVC, 2006). Each of the Conservation Authorities in Ontario was responsible for developing location regulations to implement the Ontario Regulation. - F1 -

2 2.1 Conservation Authority Act History & Impacts to Development Process(cont d.) Conservation Authorities are involved in the Planning Act through the Provincial Policy Statement. They are the commenting authorities on natural hazards that are affected by development. Municipalities circulate Development applications to the Conservation Authorities when Development impacts the regulated area (defined by the Generic Regulation). The Conservation Authorities impose restrictions on the Development according to the projected impacts of the development on the regulated area. Conservation Authorities also have authority to impose restrictions on Developments where there is no Development application required. The Conservation Authority Act makes the Conservation Authorities the permit issuing authority for any works involving the regulated areas that would affect control of flooding, erosion, dynamic beaches, conservation of land, or pollution (CVC, 2006). 2.2 Trail Development at Top of Valley Slope The Generic Regulation includes a 15 metre buffer from the stable top of slope, or from the 100 year stream bank erosion allowance plus 15 metres, as part of the regulated area. This buffer is meant to reduce the impacts of Development on the stream and valley, as well as to buffer the Development from the natural river processes and subsequent toe erosion (GRCA, 2006). Consultation with the five Conservation Authorities that have lands within the Municipality of Hamilton (Hamilton Conservation Authority, Halton Region Conservation Authority, Grand River Conservation Authority, Credit Valley Conservation Authority, and Niagara Peninsula Conservation Authority) revealed that Trail Development in this 15 metre top of bank buffer zone would generally be permitted, if the trail had minimized negative impacts to the fisheries, slope stability, vegetation, and wildlife. Permits would have to be obtained from the appropriate Conservation Authority on a site-by-site basis for any proposal of Trail Development along this buffer area. - F2 -

3 2.2 Trail Development at Top of Valley Slope (cont d.) Generally, City maintenance vehicles would be permitted on these trails for trail upkeep purposes, and the trail should be designed to accommodate these vehicles. Each Conservation Authority may have their own drawing submission criteria, and information regarding such criteria must be sought from the appropriate Conservation Authority. 2.3 Storm Water Management Facilities Consultation with the five Conservation Authorities with regulated areas in the City of Hamilton boundaries revealed that their requirements for the design of Storm Water Management Facilities follow the Ministry of the Environment (MOE) guidelines, as well as the City of Hamilton Storm Water Infrastructure Design Guidelines document. Generally, trails in Storm Water Management Facilities are encouraged, and should attempt to connect to other naturalized areas or amenity systems where possible. Many of the Conservation Authorities have published planting guidelines complete with plant lists for various planting environments, including those found in Storm Water Management Facilities. These lists, if available, should be consulted to ensure that the planting design is in compliance with whichever Conservation Authority has jurisdiction over the property in question. 2.4 References: Credit Valley Conservation (CVC): Conservation Authority Flooding, Shoreline and Wetlands Regulation. January 26, Grand River Conservation Authority (GRCA): Planning and regulations Permits and regulations Stream Valleys from September 21, F3 -

4 3.0 NIAGARA ESCARPMENT COMMISSION The City of Hamilton contains part of the Niagara Escarpment, a landscape feature that crosses Ontario, from Niagara in the south, to Georgian Bay in the north. The Niagara Escarpment Commission (NEC) is an agency that controls Development on the Niagara Escarpment, a World Biosphere Reserve. A "Biosphere Reserve" is an international designation of recognition from UNESCO (the United Nations Educational, Scientific, and Cultural Organization) for an area in the world which is deemed to demonstrate a "balanced relationship between humans and the biosphere. By this is meant that collaborative efforts among people in the designated area serve to promote the sustainability of local economies and communities, as well as the conservation of the terrestrial/or coastal ecosystems they are in. (NEC website, accessed on October 28, 2006). For more information on the Niagara Escarpment Commission, refer to The NEC website outlines the regulated area, the policies guiding the commission, and the process to apply for development approval along the escarpment. 4.0 ARCHAEOLOGICAL ASSESSMENT (MINISTRIES OF CULTURE AND ENVIRONMENT) The requirements for archaeological assessments are defined by the Ontario Ministry of Culture, in the Ontario Heritage Act, and by the Ministry of the Environment, through the Environmental Assessment Act. Historical buildings and landscapes are present in the City of Hamilton, including native burial grounds and battlefields. If work is being proposed on one of these areas, approval for the works must be obtained by the approval body related to the specific type of heritage feature or landscape. - F4 -

5 5.0 UTILITY COMPANIES Park or Open Space Development in the City of Hamilton may impact the existing structures or easements of utility companies. For normal Park development or redevelopment, the local hydro utility company may be the only approval necessary to complete the Park construction. Existing utility poles and supports may require moving for certain circumstances, or access across an easement may be required to complete the Park works. The individual companies must be contacted prior to works being finalized. In the case of trail development along a utility corridor, a license agreement shall be required for the development and maintenance of the trail along that corridor. There may be more than one utility company involved in such an approval, as corridors are sometimes shared. Plans must be sent for approval by the appropriate companies prior to the finalization of the design. 6.0 SUMMARY When the City is constructing the Park or Open Space Development lands (OPTION I), Open Space Development and Park Planning staff in Public Works shall undertake the necessary steps to obtain External Approvals for the proposed works. When the Developer chooses to undertake the completed Park or Open Space construction (OPTION I), it shall be up to the Developer to obtain External Approvals. - F5 -