Natural Heritage areas are characterized by one or more of the following values:

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1 SECTION 6: LAND USE POLICIES - NATURAL HERITAGE The Natural Heritage policies reference features and areas that provide ecological functions critical to the survival of all species - including humans. These ecological functions include the provision of habitat, hydrological functions, nutrient and energy cycling and storage, succession and disturbance functions, reproduction and dispersal, landscape linkages and others. These features include significant wetland, woodlands habitat of endangered and threatened species, significant wildlife habitat, fish habitat and significant areas of natural and scientific interest. Natural Heritage areas are characterized by one or more of the following values: a high level of natural community or species diversity; representative examples of large, high-quality vegetative communities; provincially rare vegetative communities; endangered and threatened species; significant habitat for seasonal wildlife concentrations and fish habitat; important hydrological features. This Plan recognizes that most changes to the environment occur through small steps, each one having some negative impact on the environment. Over time, these small steps can have significant cumulative impacts that are undesirable. This Plan contains policies which attempt to protect water resources, natural heritage features and other natural resources that may be impacted through site-specific development proposals. It also contains policies which recognize that we need to be proactive and better understand our ecosystems, so that we can more effectively assess cumulative impacts and overall ecological health. The Natural Heritage features and other natural resources to be protected include water resources, wetlands, areas of natural and scientific interest (ANSI), wildlife habitat, habitats of endangered and threatened species, woodlands, fish habitat, air quality, and the night sky. The Natural Heritage policies establish the requirements for the refinement and protection of the Natural Heritage features through public ownership/acquisition, stewardship, management and rehabilitation, ecological buffers, and the preparation of environmental impact studies or environmental assessments. The following goals, objectives and policies apply to both rural and urban lands located within the various environmental land use designations (wetlands) and overlays (ANSI, Woodlands, habitat). 51

2 6.1 Goal and Objectives It is a goal of this Plan to: Protect and enhance the quality of the environment and the long-term health of the ecosystem for the benefit of present and future generations. All other goals of this Plan shall attempt to satisfy the environmental goal. The following objectives are designed to implement the goal: a) Support development which is environmentally sustainable, energy efficient and which conserves the natural features and characteristics of the land, lakes and rivers; b) Establish an inventory of environmentally sensitive/significant areas to be protected (wetlands, ANSIs, water bodies, significant woodlands, significant wildlife habitat, fish habitat and endangered and threatened species habitat); c) Require an environmental impact assessment for development proposed on lands within or adjacent to areas that have been identified as Natural Heritage; d) Offer locally and provincially significant wetlands the same high level of protection; e) Establish an inventory of surface and groundwater resources to be protected, such as watercourses, wetlands, recharge and discharge areas, aquifers, headwaters and wellheads; f) Establish setbacks from the high water mark of water resources which conserve the riparian zone in shoreline areas; g) Require that identified sources of water, land and air pollution meet accepted treatment and/or emission standards; h) Regulate the use of pesticides and herbicides for cosmetic purposes; i) Establish North Grenville as a dark skies community through the promotion of responsible lighting standards (reduce light pollution); and j) Establish clear policies for the alteration, replacement or expansion of existing uses which do not meet the environmental goals and actions of the Plan. 6.2 Components of the Environmental and Natural Heritage System This Plan identifies certain environmental and natural heritage features by means of land use designations (i.e., provincial and locally significant wetlands and waterways). Other features and areas are identified by means of symbols or overlays, specifically ANSIs and significant wildlife habitat (including deer yards and winter deer habitat). Others, such as significant woodlands, and fish habitat are addressed through policy and 52

3 available mapping from the MNR. Significant habitat of endangered or threatened species is dealt with through policy only. A number of other natural environment and heritage features, such as groundwater aquifers, air quality and wildlife habitat have yet to be assessed. The Municipality shall work together with other agencies and groups to identify the features and areas. As information becomes available, Council shall undertake the appropriate Amendments to this Plan to address these matters. Council may, with the co-operation of appropriate agencies and/or committee carry out public education on the environmental land use policies of this Plan. Notwithstanding, development and site alteration shall not be permitted in natural heritage areas except: a) Existing development and uses, and expansions to existing uses provided that it can be demonstrated to the satisfaction of the Municipality that there will be no negative impacts on the natural heritage features or their ecological functions and that only a building permit is required (i.e. no other Planning Act approvals are necessary); b) Recreational uses associated with the passive enjoyment of natural features, including pathways and trails, provided that such trail uses are designed, constructed and managed to minimize their impact on the natural heritage area; c) Creation or maintenance of infrastructure subject to policy 6.3; d) The harvesting of trees in accordance with responsible forestry management practices; and e) Conservation, mitigation and rehabilitation works Provincially and Locally Significant Wetlands Wetlands are lands where the presence of water has caused the formation of hydric soils and hydrophytic or water-tolerant plants to predominate. The four major types of wetlands are swamps, marshes, bogs and fens. Wetlands provide important habitat for plants, fish and other wildlife that are fully dependent on the presence of a wetland, and for wildlife that need wetlands to complete some lifecycle requirements. Wetlands provide important staging and breeding areas for waterfowl. They also influence the quality, temperature and flow of water and provide storage capacity to offset peak flows associated with storm events. They are important source water protection areas and have groundwater recharge and discharge functions. Some types of wetland have deep organic soils. Wetlands are also important for their social values, including such activities as hunting, recreation, education and research, and cultural heritage. Wetlands are evaluated by the Ministry of Natural Resources and, based on wetland functions and features, classified according to their significance. The Provincial Policy Statement sets out minimum policies which municipalities are required to adopt for 53

4 wetland protection. This Plan goes beyond the minimum provincial standard by having provincially significant wetlands and locally significant wetlands governed by many of the same policies General Policies The policies governing development in and around lands designated as provincially significant wetlands or locally significant wetlands are as follows: a) The boundaries of provincially significant and locally significant wetlands shall be derived from mapping provided by the Ministry of Natural Resources (MNR). Where the actual location of the boundary line on the ground is uncertain, the Municipality shall consult the MNR in making such a determination. b) No development or site alteration shall be permitted within provincially significant or locally significant wetlands, with the exception of sustainable forestry, conservation, wildlife management, passive outdoor recreation and educational activities, excluding buildings and structures. This Plan encourages the owners of identified wetlands to retain these lands in their natural state. c) Notwithstanding policy , ii), activities that create or maintain infrastructure in accordance with section 6.3, or works subject to the Drainage Act may be permitted. d) Development within 120 m of provincially significant wetlands or 60 m of a locally significant wetland may take place in accordance with the land use designation shown on land use Schedules to this Plan only when it has been demonstrated through an Environmental Impact Study (EIS) as detailed in Section 6.8 of the Plan and prepared by a qualified professional, that there shall be no negative effects on the natural features, hydrologic or ecological functions of these wetlands. This is not a setback requirement, but rather a requirement for a review of development proposals within the relevant adjacent lands. The review of EIS shall be carried out by a qualified professional retained by the Municipality, which in most cases shall be the Conversation Authority. Assessment of the development proposal will be carried out by the Committee of Adjustment where the determination of minor would be assessed based on the effects of the development on the natural features, hydrologic or ecological function of the wetland. e) Notwithstanding policy , iv), development shall not be permitted within a 30 metre setback from the high water mark associated with a water resource. Decreases to the 30 metre setback from the high water mark shall only take place through an amendment to the Zoning By-law and shall require an Environmental Impact Study. Decreases shall only be considered for existing lots of record when there is no other practical alternative for development of the land. f) Notwithstanding policy , iv), the Zoning By-law may contain performance criteria which allow for minor expansions or alterations to existing buildings or structures or the construction of accessory buildings or structures within the adjacent lands without an Environmental Impact Study. The performance criteria 54

5 in the Zoning By-law would relate to maintaining a minimum 30 m setback from the wetland, identification of a building envelope, sedimentation control, storm water management, maintaining an adequate natural vegetative buffer, and tree retention between the development and the wetland. g) All development within 120 m of provincially significant wetlands or 60 m of a locally significant wetland shall be subject to site plan control. h) If a proposal for development is made in an area where a wetland has not been evaluated as provincially or locally significant, Council may require the evaluation of the wetland and/or an Environmental Impact Study to demonstrate that there shall be no negative impacts on the natural features or ecological functions of these wetlands. i) Notwithstanding the above policies, established agricultural uses, existing at the date of the adoption of this Plan, are permitted to continue within and adjacent to provincially and locally significant wetlands. New or expanded agricultural structures or the clearing or draining of lands within the limits of wetlands are prohibited. j) This Plan discourages the destruction of beaver dams where such destruction would significantly alter established local water levels of a wetland. k) As additional wetlands are evaluated by the Ministry of Natural Resources (MNR), the Council shall incorporate the new wetlands into this Plan through an Official Plan Amendment. l) The Municipality endorses and encourages the principles of sustainable land stewardship of wetlands. Tax incentives are available through the province when it is demonstrated that proper land stewardship is being carried out on lands that are identified as provincially significant wetlands. Any change or interference within or adjacent to a Significant Wetland may require a permit from the Conservation Authority, under Ontario Regulation 174/06 Development Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation Areas of Natural and Scientific Interest Areas of Natural and Scientific Interest (ANSIs) represent high quality and unique life science and earth science features across a variety of landscapes throughout the Province. Life Science Areas of Natural and Scientific Interest are significant representative segments of Ontario's biodiversity and natural landscapes including specific types of forests, valleys, prairies and wetlands, their native plants and animals, and their supporting environments. Earth Science Areas of Natural and Scientific Interest include the best representatives of bedrock, fossils and glacial landforms. An Area of Natural and Scientific Interest (ANSI) is a natural heritage feature which has been identified and evaluated by the Ministry of Natural Resources based on specific natural functions and features which exist. There are two Provincial Life Science Areas of Natural and Scientific Interest in North Grenville: Groveton Bog and the 55

6 Merrickville Bog; and one locally significant Area of Natural and Scientific Interest (ANSI) at Flint Hill Groveton Bog The area constitutes the least disturbed core portion of a huge (1990 ha) domed peatland on a larger Sand Plain outwash deposit. The majority of forest cover consists of submature to mature mixed swamp (treed swamp forest) of White Cedar, Black Ash and White Birch, with Red Maple and Balsam Fir being locally significant. Deciduous Thicket Swamp constitutes a substantial portion of the area (especially north of the power transmission corridor), with small area of deciduous swamp forest (Silver Maple - Black Ash) and low shrub fen in the southern and north central areas. A large virtually pure Black Ash swamp occurs along the western side of the wetland south of the power transmission corridor. The sand ridges appear to be marine deposits upon which mature upland forest is present. It appears to be dominated by mature Red Maple and Eastern Hemlock with an abundance of large White Ash and White Pine. Younger upland forest dominated by White Birch is common along the eastern margin of the wetland Merrickville Bog This site is a large and diverse wetland with extensive open and treed domed bog communities. These are the most extensive bog areas seen in the site district and are the most important feature of the site. In addition to the bog communities, there is a range of most other wetland types present in the candidate, including considerable mixed and coniferous swamp. The open bog habitat varies from a rather dry phase dominated by such low shrubs and Ledum groenlandicum (Labrador Tea) and Chamaedaphne calyculata (Leatherleaf) to a wetter phase that approaches graminoid bog classification dominated by Eriophorum virginicum (Virginia Cotton-grass) and Eriophorum spissum (Dense Cotton-grass). A smaller area of domed bog occurs in the south portion of the site and is associated with Lissons Lake and hence is lacustrine bog. There also exists a Regional Life Science ANSI known as the South Gower Swamp, as well as Life Science Sites known as the Kemptville Creek Wetland, the Oxford Mills Bog and the Oxford Station Outcrop General Policies The policies governing development in and around lands identified as ANSIs on Appendix A1 Natural Heritage and Constraints, are as follows: a) Within the area identified as ANSI, existing development shall be permitted. The establishment of single dwellings on existing lots of record shall be permitted, subject to all of the relevant policies of this Plan. b) Development (subdivisions, site plan, zoning amendments, minor variances, consents) may take place in accordance with the underlying land use designation shown on the Schedule to this Plan only when it has been demonstrated through an Environmental Impact Study carried out in accordance with the policies of 56

7 Section 6.8 and prepared by a qualified professional that there shall be no negative effects on the natural features or ecological functions of the ANSI. c) Development (subdivisions, site plan, zoning amendments, minor variances, consents) within 50 m of an ANSI area, may take place in accordance with the land use designation shown on the Schedule to this Plan only when it has been demonstrated through an Environmental Impact Study carried out in accordance with the policies of Section 6.8 and prepared by a qualified professional, that there shall be no negative effects on the natural features or ecological functions of the ANSI. This is not a setback requirement, but rather a requirement for a review of development proposals within the 50 metre adjacent lands. d) Notwithstanding the above, existing agricultural uses are permitted to continue within and adjacent to ANSIs. New or expanded agricultural structures or the clearing or draining of lands within and adjacent to an ANSI shall be permitted only when it has been demonstrated through an Environmental Impact Study that there shall be no negative effects on the natural features or ecological functions of the ANSI. e) As additional ANSIs are evaluated by the Ministry of Natural Resources, Council shall incorporate the new ANSIs into this Plan through an Official Plan Amendment. f) The Municipality endorses and encourages the principles of sustainable land stewardship of ANSI resources. Tax incentives are available through the province when it is demonstrated that proper land stewardship is being carried out on lands which are identified as ANSIs Species at Risk The Ontario Ministry of Natural Resources designates species at risk in categories of Endangered-Regulated, Endangered-Not Regulated, Threatened, and Special Concern (formerly vulnerable). The Ministry administers the Endangered Species Act to protect and conserve the species listed by regulation as well as their habitat. The Ministry of Natural Resources approves the delineation of significant habitat for species identified on the Species at Risk in Ontario list. Several areas of significant habitat of threatened and endangered species exist in the Municipality. The habitat of these species is identified and protected by the MNR. Council shall contact Ministry of Natural Resources to develop a mutually acceptable protocol for sharing of information regarding threatened and endangered species. The policies which govern threatened and endangered species protection are as follows: a) Development or site alteration is prohibited in significant habitat of threatened and endangered species as identified by the MNR. b) In order to provide the greatest possible protection to this natural heritage feature, Council shall not identify on the Schedule to this Plan any significant 57

8 habitat of threatened or endangered species which are especially vulnerable to disturbance. c) Development applications which affect lands within 50 m of such habitat must demonstrate, by means of an Environmental Impact Study carried out in accordance with the policies of Section 6.8 and prepared by a qualified professional, that ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impact on the natural features or on their ecological function Significant Woodlands and Vegetation Cover Woodlands are complex ecosystems of different tree species, shrubs, ground vegetation and soil complexes that provide habitat for many plants and animals and economic benefit to both the private landowner and the general public. Woodlands is a general term which collectively refers to areas occupied by trees, treed areas, woodlots, forested areas and naturalizing woodland edges. The Municipality has used the GIS approach developed by the Kemptville District of the Ministry of Natural Resources to identify significant woodlands. This approach utilizes digital woodlands data and takes into consideration the important characteristics of the woodlands. The boundaries of the significant woodlands identified on Appendix A1 were produced using digital data which has not been ground checked. Accordingly, there may be areas identified as significant woodlands that may not actually be so, as well as areas which may be significant woodlands that have not been mapped. In this regard, site assessments will be an important part of environmental impact studies to verify site conditions. The criteria used to determine the significance of woodlands was developed by the Kemptville District of the Ministry of Natural Resources and include woodland size, woodland interior (core habitat that is 100 m from woodland edge), proximity to other significant habitats, linkages, uncommon characteristics and old woodlands. In terms of vegetative cover, this Plan recognizes that preserving vegetation along waterways, on sites subject to development and along roadways contributes to the overall health of the area and helps lessen the environmental impact of development and improve the visual appeal of newly developed areas. Development proposals shall be required to preserve vegetative cover or replace vegetative cover when removal cannot be avoided. This Plan supports the retention or restoration of the natural vegetative buffer adjacent to all watercourses as the means of protecting water resources and its related ecological function from the negative impacts of development. The Plan also recognizes that woodlands and forests have great ecological significance. Property owners may benefit from the Managed Forest Tax Incentive Program which is a voluntary program that provides lower property taxes to participating landowners who agree to conserve and actively manage their forests. 58

9 Forests are a renewable resource if harvested in a sustainable manner. Forestry management is sustainable when it maintains and enhances the long-term health of forest ecosystems to the benefit of all living things, while providing environmental, economic, social and cultural opportunities for the benefit of present and future generations. Sustainable forest management refers to management regimes applied to forest lands which maintain the productive and renewal capacities as well as the genetic, species and ecological diversity of forest ecosystems. Property owners have the right to harvest forest resources on their lands. This Plan encourages forestry management in accordance with the Eastern Ontario Model Forest Code of Forestry Practice. To mitigate potential impacts due to site alteration and tree cutting in lands identified as containing significant woodland, Council may adopt appropriate by-laws to prohibit or regulate the placing, dumping, removal or regrading of topsoil or fill, and the destruction or injuring of trees Significant Woodland General Policies The policies governing development and significant woodlands are as follows: a) Within significant woodland existing development shall be permitted. The establishment of single dwellings on existing lots of record shall be permitted, subject to all of the relevant policies of this Plan. b) Development (subdivisions, site plan, zoning amendments, minor variances, consents) within significant woodlands may take place in accordance with the underlying land use designation shown on the Schedule to this Plan only when it has been demonstrated through an Environmental Impact Study carried out in accordance with the policies of Section 6.8 and prepared by a qualified professional that there shall be no negative effects on the natural features or ecological functions of the woodland. c) Development (subdivisions, site plan, zoning amendments, minor variances, consents) within 50 m of a significant woodland, may take place in accordance with the land use designation shown on the Schedule to this Plan only when it has been demonstrated through an Environmental Impact Study carried out in accordance with the policies of Section 6.8 and prepared by a qualified professional, that there shall be no negative effects on the natural features or ecological functions of the woodland. This is not a setback requirement, but rather a requirement for a review of development proposals within the 50 metre adjacent lands Vegetative Cover General Policies a) This Plan shall require the retention and/or establishment of mature tree cover and native shrubs and vegetative cover on lands within 15 metres (49 feet) of a high water mark of a water resource in order to protect the riparian and littoral zones and associated habitat, prevent erosion, siltation and nutrient migration, 59

10 maintain shoreline character and appearance, and minimize the visual impact of development. Notwithstanding the 15 metre vegetative buffer, a water access area of a maximum of 9 metres width may be permitted provided the natural shoreline is disturbed as little as possible and the balance of the water front outside of the access area is maintained in a natural state. Within the natural vegetative buffer, the pruning of trees for viewing purposes or the removal of trees for safety reasons may be permitted provided the intent of the policy is maintained. All other policies and approvals for work near water resources shall apply and shall be subject to site plan approval. b) In rural areas, retaining existing natural vegetation along public roads shall be encouraged. Developers shall be encouraged to remove as little vegetation as possible when establishing roads, building sites and servicing facilities. Specific provisions relating to protection of vegetation may be incorporated into site plan agreements. The retention of natural vegetation is not meant to include noxious weeds or invasive species. c) In urban areas, selective protection of significant trees or shrubs shall be promoted. Provisions relating to protection of vegetation may be incorporated into subdivision or site plan agreements. d) The Municipality shall ensure that trees along municipal road allowances and on other municipal property are preserved while allowing appropriate maintenance and the removal of trees which may constitute a safety hazard. Any private removal of trees on municipal property shall require the approval of Council. e) Applications for subdivisions, Official Plan and Zoning By-law amendments, minor variances or site plan control shall be supported by a Landscaping Plan. Such a plan shall: i. retain as much natural vegetation as possible, especially along watercourses, on steep slopes, in valued woodlots, in areas linking green spaces and along roadways; ii. determine which stands of trees or individual trees warrant retention based on a preliminary assessment; iii. outline measures for the protection of those trees or stands of trees being retained during construction; ii. describe the area and nature of tree loss and compensation measures proposed. Such compensation measures may include off-site plantings; iii. indicate tree planting or vegetative cover required to provide protection for stream courses or steep slopes; iv. investigate the use of native species in tree planting strategies and shall discourage monoculture; v. provide guidelines for property owners on the importance and care of trees on their property; vi. consider the impact on the environment during and after construction, and propose mitigation measures where there is substantial alteration of the existing tree cover on the site. vii. Natural features/functions may be protected and enhanced by incorporating them into public open spaces and recreational pathways. 60

11 6.2.5 Significant Wildlife Habitat Wildlife habitat are areas where plants, animals and other organisms live, and find adequate amounts of food, water, shelter and space needed to sustain their populations. Specific wildlife habitats of concern may include areas where species concentrate at a vulnerable point in their annual or life cycle and areas which are important to migratory or non migratory species Some specific wildlife habitats are particularly important, and should be considered significant. These are habitats that support important wildlife species or that are particularly susceptible to impacts Fish Habitat a) Development in areas of significant wildlife habitat or within 50 metres of significant wildlife habitat shall be permitted only where an Environmental Impact Study carried out in accordance with Section 6.8 of this Plan and prepared by a qualified professional, has demonstrated that there shall be no negative impact on the habitat or its ecological function and in the case of adjacent lands, the ecological function of the adjacent lands must be evaluated. b) In determining the significance of Wildlife Habitat, the Environmental Impact Study will be based on an evaluation of the following considerations that have had regard for and having regard for the Significant Wildlife Habitat Technical Guide prepared by the Ministry of Natural Resources, which provides information on the identification, description and prioritization of significant wildlife habitats: i. It is an area of habitat where particularly important wildlife species are concentrated or are particularly susceptible to impacts for a specific period of their lifecycle. These areas include, but are not limited to: seasonal concentration areas; rare vegetation communities or specialized habitat for wildlife; habitats for species of conservation concern; and animal movement corridors. ii. The amount of the specific type of habitat that exists within the context of the ecological region and its representation within other components of the Natural Heritage System. iii. It is an area of habitat having a high diversity of species that are of value for research, conservation, education and passive recreation opportunities. "Fish habitat" is defined as spawning grounds and nursery, rearing, food supply, migration and any other areas on which fish depend directly or indirectly in order to carry out their life process. Healthy aquatic communities are generally a good indicator of environmental health. The Rideau River, South Branch and North Grenville s creeks and streams support a variety of cold water and warm water fisheries; however, these fish habitats are vulnerable to degradation from factors such as channelization, loss of stream bank vegetation, untreated urban runoff, and increased storm water flows and sedimentation and changes in the timing and amount of storm water entering the watercourse. The harmful alteration, disruption or destruction of fish habitat is prohibited under the Fisheries Act. It is the Municipality's intention to encourage improvement of productive capacity of this habitat. The extent and significance of fish habitat shall be determined in consultation with the Conservation Authority under their agreement with 61

12 the Department of Fisheries and Oceans, having regard for the Subwatershed Plans and Studies where applicable. The Ministry of Natural Resources is the Fisheries Manager for the Province of Ontario and should be consulted to determine what fish community information may be available for a specific location. The best available information has been obtain from the MNR at the time of the adoption of this Plan and is identified on Schedules A1 and B1. Development and site alteration shall not be permitted in areas of fish habitat, except in accordance with relevant provincial and federal requirements. Rivers and all other watercourses in the Municipality are either direct or indirect fish habitat. The policies governing fish habitat protection are as follows: a) No person shall carry on any work or undertaking that results in the harmful alteration, disruption or destruction of fish habitat. Development and site alteration shall not result in a net loss of fish habitat, result in harmful alteration, disruption, degradation or destruction of fish habitat or negatively impact fish passage. b) Development and site alteration shall be set back a minimum of 30 metres from fish habitat. Decreases to the 30 metre setback shall only take place where it has been demonstrated through a fish and fish habitat assessment that results in a net environmental gain of the productive capacity of the area. In this a fish habitat biologist shall be required to provide a detailed impact analysis exploring options in design and location of the undertaking for the purpose of clearly demonstrating avoidance of any predicted harmful impacts. Near-shore or inwater development, such as docks, water access points and swimming areas shall be carefully assessed through the appropriate review process. Decreases to the 30 metre setback from fish habitat shall only take place through an amendment to the Zoning By-law. Decreases shall only be considered when there is no other practical alternative for development of the land. c) Development or site alteration within 30 metres of fish habitat shall provide for a net environmental gain of the productive capacity of the area. d) Development or site alteration in or within 30 metres of fish habitat shall be assessed by the appropriate Conservation Authority in accordance with their responsibilities under the Fisheries Act. Any demonstrated harmful alteration, destruction or disturbance of fish habitat will require the prior written approval of the Minister of Fisheries and Oceans for Canada Groundwater Recharge and Discharge Areas, Headwaters, and Aquifers Groundwater recharge areas, headwaters and aquifers are key components in the functioning of the hydrologic cycle. The Municipality will require the protection of the hydrological function of these sensitive areas through its planning approval processes. In this regard, the Municipality will discourage development which could present a threat within 100 m. of the existing and proposed Municipal water supply wells. In addition, the Municipality will protect the Nepean aquifer, which is the principal water source for the municipal water systems and protect the Oxford aquifer, which the water source for most private water systems from any development or activity which could impair the functioning of the aquifer or adversely affect its water quality or quantity. 62

13 The Municipality is currently participating in the development of a Source Water Protection Plan which is intended to protect the municipal sources of drinking water. Such plans will identify risks to local drinking water sources and develop policies to mitigate the level of risks. Once the source water protection plan policies have been approved by the provincial government, the Municipality will amend this Plan in order to bring it into compliance with the Source water protection policies Water Quality and Quantity Water quality and quantity are addressed from a number of perspectives in this Plan. The Natural Heritage policies address water quality and quantity through the protection of: natural heritage features and areas such as river, stream and waterway corridors; fish habitat; and groundwater recharge, headwaters and aquifers. Water quality and quantity are also protected through storm water management policies, water supply and sanitary sewerage policies, and water conservation policies. The Municipality will seek to protect, improve and/or restore the quantity and quality of groundwater and surface water through its planning approval processes. Sub-watershed Plans and the storm water management policies in Section 11.5 provide guidance for the measures necessary to achieve this interest. The Municipality will also promote efficient and sustainable use of water resources, including practices for water conservation and sustaining water quality. Development and site alteration will be restricted and mitigative measures or alternative development approaches may be required in or near sensitive surface water features and sensitive groundwater features in order to protect, improve and/or restore these features and their related hydrologic functions. The Municipality will participate in the preparation of a source protection plan under the provisions of the Clean Water Act and the Official Plan will be amended, as required, to conform with relevant policies set out in the approved source protection plan. The Municipality will also co-operate with the United Counties of Leeds and Grenville, the surrounding municipalities and the Conservation Authorities to ensure that water quality and quantity goals and objectives identified in Subwatershed Plans are achieved across municipal boundaries Other Natural Heritage Areas Nothing within this Section would preclude lands that have been deemed by the Provincial Government and/or the Municipality to have significant ecological functions or features that have or have not been designated on Schedule 'A' from being recognized in the implementing Zoning By-law. These lands may include significant portions of the habitat of endangered and threatened species, significant woodlands, significant wildlife habitat, fish habitat and significant areas of natural and scientific interest. Development will require the preparation of an Environmental Impact Study, in accordance with Subsection 6.8 of this Plan, if it is proposed to be located in or within 50 metres of Areas of Natural and Scientific Interest, significant wildlife habitat, and significant woodlands. Natural Heritage lands shall be placed in the appropriate zoning classification in the implementing Zoning By-law. 63

14 6.3 Infrastructure a) New or expanded infrastructure shall only be permitted within the Natural Heritage System where it is clearly demonstrated through an environmental assessment process under the Environmental Assessment Act that it is the preferred location for the infrastructure, and that the alternatives are all evaluated having regard for the relevant policies of the Official Plan. b) Where the preferred alternative is located within or adjacent to the Natural Heritage System, an Environmental Impact Study, approved by the Municipality, shall be completed to further assess potential impacts, identify mitigation requirements, and determine appropriate compensation where impacts cannot be mitigated. c) The Municipality and other relevant public authorities shall include methods for minimizing impacts when reviewing proposals to construct transportation, communication, sewerage or other infrastructure in the Natural Heritage System. d) Where there is more than one type of infrastructure, the rights-of-way shall be combined, wherever feasible, to reduce the extent of the intrusion into the area. e) As conditions of approving infrastructure projects in or adjacent to the Natural Heritage System natural heritage areas, the Municipality may well require specific mitigation and rehabilitation measures and/or compensation that are identified in the approved Environmental Impact Study and/or Environmental Assessment, to address potential impacts on the damage to natural features and functions caused by the construction or maintenance of the infrastructure. 6.4 Public Ownership / Acquisition a) It is not intended that all natural heritage areas shall be purchased or otherwise brought into public ownership, nor that all such lands shall be open and accessible for public use. It may be determined, however, that certain areas should be in public ownership or accessible for recreational uses, where appropriate. In such cases, the Municipality or other agencies shall explore options for purchasing, or otherwise acquiring, managing or providing access to these lands. b) The Municipality may develop a program for the long term acquisition of natural heritage areas. Acquisition may occur as properties become available, primarily through the following methods: purchase, dedication, and donation. c) Council may accept gifts of ecologically sensitive lands in accordance with the provisions of the Ecological Gifts Program administered by Environment Canada, or any other similar program administered by the Provincial or Federal Governments. There are also Conservation Authority Foundations and other organizations which may be requested by the Municipality to play a role in the 64

15 acquisition or management of natural heritage and hazard lands for the public good. 6.5 Stewardship a) Where natural heritage areas are privately owned, the Municipality will encourage individual property owners to provide for their protection and conservation. In this regard, the Municipality may use the following techniques: i. Stewardship agreements; ii. Conservation easements; iii. Education programs to inform landowners of maintenance and stewardship options available to protect or rehabilitate natural features and ecological functions; iv. Encouraging the establishment of land trusts and the utilization of existing land trusts, as well as other mechanisms to purchase land and to rehabilitate, create or conserve natural heritage areas; v. Modification of property tax assessment and/or facilitation of the Provincial Conservation Land Tax Incentive Program or the Managed Forest Tax Incentive Program; and vi. Any other suitable techniques. b) Where natural heritage areas are owned by the Municipality, the Municipality will encourage community groups and individuals to take an active role in their protection, rehabilitation and enhancement. The Municipality may develop programs to facilitate community involvement in the protection and rehabilitation of these areas. 6.6 Ecological Buffers a) Ecological buffers serve to protect the ecological function and integrity of the Natural Heritage System. Ecological buffers will be required around, or adjacent to components of the Natural Heritage System, based upon the recommendations of an approved Environmental Impact Study. b) The location, width, composition and use of ecological buffers necessary to protect natural heritage areas from the impacts of development on adjacent lands will be specified through an Environmental Impact Study. c) In addition to buffer lands, additional techniques may be required to assist in minimizing the impact of development on the Natural Heritage System, including but not limited to: i. The use of site planning to orient the development away from natural heritage areas; ii. The acceptance of lands immediately adjacent to natural heritage areas as part of the required parkland dedication for the proposed development; 65

16 iii. The use of a setback from the boundary of natural heritage areas for construction purposes; iv. Restriction of public access by providing a limited number of access points to natural heritage areas; and v. Other measures, such as fencing. 6.7 Management and Rehabilitation Priorities The Municipality will encourage rehabilitation and enhancement measures that protect the ecological function and integrity of the Natural Heritage areas. Watershed and Sub-watershed Plans can provide guidance for the types of measures that may be identified through Environmental Impact Studies, the Environmental Assessment process, or other environmental studies or programs. Rehabilitation and enhancement measures may be implemented through conservation master plans or woodland management plans on publicly-owned land and through stewardship and conservation programs for privately-owned lands. a) The Municipality's highest priority for rehabilitating and enhancing the Natural Heritage System shall be those areas linking or adjacent to natural heritage areas that are subject to flood or erosion hazard constraints. b) With respect to specific components of the Natural Heritage areas, the Municipality's management and rehabilitation priorities are: i. Wetlands - to protect the natural features and ecological functions of all Provincially and Locally Significant wetlands. ii. Significant Woodlands and Woodlands - to protect existing ecosystem features and functions, to increase the amount of interior forest habitat, and to retain or restore linkages between isolated natural areas. iii. River, Stream and Ravine Corridors - to protect existing ecosystem features and functions, maintain water resource functions, and to rehabilitate eroded banks and channels. iv. Upland Corridors - to retain or create linkages between isolated natural areas. v. Wildlife Habitat - to protect wildlife habitat. vi. Fish, Riparian Habitat - to protect, rehabilitate and/or create fish and riparian habitat, and to encourage a net gain of productive capacity of fish habitat, where possible. vii. Potential Naturalization Areas - to restore or replace connections between and within vegetation patches, riparian corridors and wildlife habitat. viii. Groundwater Recharge Areas, Headwaters and Aquifers to protect hydrological functions and source water. 6.8 Environmental Impact Study An Environmental Impact Study will evaluate the ecological function of the Natural Heritage area and adjacent lands and demonstrate that a proposed development will not have a negative impact on significant features and functions of the Natural Heritage 66

17 areas or adjacent lands. The Algonquins of Ontario may be consulted on any Environmental Impact Studies, where proposed development may impact a Natural Heritage Area. The terms of reference and guideline for an Environmental Impact Study will be determined by the Municipality in consultation with the Conservation Authorities. The Conservation Authorities will assist the Municipality in the review of Environmental Impact Studies. Generally, Environmental Impact Studies, when required, will be considered as required information for a complete planning application Scoped EIS The Municipality may consider reducing an Environmental Impact Study to a scoped study if the proposal is: a) minor in nature (construction of small accessory buildings or a minor addition to an existing building); b) located in an area where previous studies are sufficient to provide the necessary technical information to assess a proposal. A scoped statement will involve a checklist that can be completed by the applicant in consultation with the Municipality or other appropriate approval authority. If the scoped study indicates that there may be some potential impacts that warrant a more complete review, a full site Environmental Impact Study shall be prepared Full EIS Where a full site Environmental Impact Study is required, the study must be prepared by a qualified professional with expertise in environmental science. Terms of reference will be prepared to guide the development of an EIS, however, generally the statement will: a) define the nature and the boundaries of any significant features and ecological functions on or adjacent to the site; b) describe the location, extent, and nature of development; c) describe the relationship of adjacent lands to any significant features or ecological functions; d) describe the relationship of these features and functions to the proposed development and adjacent lands; e) demonstrate how and where development can proceed without negative impact on the natural values which make the area significant; 67

18 f) describe any mitigation or compensation proposals designed to alleviate or eliminate impacts. Where land identified as Natural Heritage is under private ownership, there is no implication that the land is open to the general public or that it will be acquired by any public agency. 68