TERRESTRIAL NATURAL HERITAGE SYSTEM STRATEGY APPENDIX F: MODEL POLICIES FOR THE IMPLEMENTATION OF THE TARGET TERRESTRIAL NATURAL HERITAGE SYSTEM

Transcription

1 TERRESTRIAL NATURAL HERITAGE SYSTEM STRATEGY APPENDIX F: MODEL POLICIES FOR THE IMPLEMENTATION OF THE TARGET TERRESTRIAL NATURAL HERITAGE SYSTEM

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3 C H A P T E R 1 M O D E L P O L I C I E S F O R I M P L E M E N T A T I O N O F T H E T A R G E T T E R R E S T R I A L N A T U R A L H E R I T A G E S Y S T E M The following model policies are provided to assist planning authorities in developing appropriate policies to acquire, restore and/or compensate for changes to the target system, either as depicted here or as adopted through official plans or other planning documents. TRCA believes that the target system and model policies will provide a framework for municipalities to use as is or modify as needed, for achieving their regional targets for forest cover. Additionally, the model policies provide guidance for implementation of the 2005 Provincial Policy Statement definition of natural heritage system, which can include lands with the potential to be restored to a natural state. How TRCA Will Seek to Implement the Strategy In 1994, TRCA adopted its principal existing planning policy, the Valley and Stream Corridor Management Program (VSCMP). This policy identifies and defines the valley and stream corridors in the Toronto region and sets out requirements for their protection and rehabilitation. The VSCMP is implemented through policies in official plans, as well as TRCA s own regulations. As official plans are reviewed and amended, TRCA seeks to ensure that those policies have been updated to incorporate the VSCMP policies. The TNHS Strategy has been adopted by TRCA as a key planning tool. The VSCMP is being updated and the TNHSS will be incorporated. TRCA will advocate to the Regional Municipalities of Durham, York, and Peel that the following be incorporated in their official plans: A schedule representing a target system map within each Region. Policy text requiring each lower tier municipality within TRCA s area of jurisdiction to develop in partnership with TRCA and incorporate in its official plan, a schedule and text that will implement TRCA s Terrestrial Natural Heritage System Strategy. 239

4 TRCA will advocate to the 14 lower tier municipalities in its jurisdiction and the City of Toronto that the following be incorporated in their official plans: A schedule representing a target system map within each municipality. Policy text consistent with Policies 1 through 9 in Section 6.1, developed in partnership with TRCA. Policy text indicating that the boundaries of the Terrestrial Natural Heritage System may be changed from time to time in accordance with Policies 1 through 9, and that these will be considered as changes to the target system map even if the official plan has not yet been amended to incorporate them. TRCA believes that the target system map and model policies (Figure 1) can be smoothly integrated into official plans, especially those that have been recently adopted or reviewed and fully conform to the Provincial Policy Statement and Oak Ridges Moraine Conservation Plan. In many municipalities, most of the lands identified as existing cover within the terrestrial natural heritage system are already subject to one or more official plan designations that protect natural heritage features, greenland systems, and other lands identified as environmentally sensitive. Figure 1: Proposed Model Land Use Policies to achieve the target Terrestrial Natural Heritage System Policy 1: Defines and Maps the Target TNH System for protection and restoration Policy 2: Prohibits new Development and Site Alteration in Existing Cover Policy 3: Conditions and Restrictions On Development and Site Alteration in Potential Natural Cover Policy 4: Permitted Land Use and Development in Existing and Potential Natural Cover Policy 5: Development setbacks from Existing Natural Cover Policy 6: Refining or Changing System Boundaries Policy 7: Significant Features which can t be removed from the TNH System Policy 8: Removals from or Additions to the TNH System - Net Gains Policy 9: Modification for Transportation, Infrastructure and Utilities These policies apply only to the target system land base and areas where the definition of adjacent lands would apply. They integrate TRCA s existing Environmentally Significant Areas (ESAs) program, as well as the natural features and areas prescribed in the Provincial Policy Statement. If the policies of the Provincial Policy Statement or a municipal plan are more restrictive, those policies take precedence. The nine policies should be read together and all relevant policies should apply to each situation. 240

5 Defining and Protecting the Target TNH System Policy 1: The TNHS consists of Existing Natural Cover and Potential Natural Cover, as shown on the target TNH System map (Map 5). The Terrestrial Natural Heritage System will be protected and restored. Uses Prohibited / Permitted in the System Policy 2: New development and site alteration will not be permitted in Existing Natural Cover within the target Terrestrial Natural Heritage System. Policy 3: New Development will not be permitted in Potential Natural Cover within the target Terrestrial Natural Heritage System. Site alteration will not be permitted in Potential Natural Cover, except in accordance with a natural heritage restoration plan approved by TRCA. Policy 4: Despite policies 2 and 3, the following existing, approved and new uses are permitted in Existing and Potential Natural Cover within the target Terrestrial Natural Heritage System. (a) Fish and wildlife management. (b) Conservation and flood or erosion control projects only if they have been demonstrated to be necessary in the public interest after all alternatives have been considered. (c) Reconstruction, repair, or maintenance of an existing drain approved under the Drainage Act. (d) Agricultural uses as defined in the Provincial Policy Statement, on lands whose existing use is agricultural uses. (e) Restoration of natural cover in accordance with a natural heritage restoration plan approved by TRCA. (f) Forest management, only in accordance with: - a trees bylaw under the Municipal Act or the Forestry Act, or - an approved managed forest plan prepared by a registered professional forester, or - a natural heritage restoration plan approved by TRCA. (g) Low-intensity recreational uses that have minimal impact on the natural environment and require very little terrain or vegetation modification, including but not limited to nonmotorized trail uses, natural heritage appreciation, and unserviced camping on public and institutional land; and accessory small-scale structures such as trails, boardwalks, footbridges, fences, docks, and picnic facilities; all of which are permitted only in accordance with a natural heritage restoration plan approved by TRCA. 241

6 (h) The following as permitted by the local official plan: - Existing, legally approved uses, buildings, and structures. - Construction and use of a single dwelling on an existing vacant lot of record, if not enough of the lot is outside the terrestrial natural heritage system to allow the dwelling to be located outside the system in accordance with the official plan. However, if these uses require any expansion of building footprints, driveways, parking, or other impervious surfaces, any removal of natural self-sustaining vegetation, or any site alteration in previously unaltered areas, they are only permitted in accordance with a natural heritage study or a natural heritage compensation plan (Appendix H) approved by TRCA. (i) A change of use to a similar use, where the change: - is permitted by the local official plan, and - contributes to the ecological integrity of the Terrestrial Natural Heritage System, to the satisfaction of TRCA. Buffering and Refining the Boundaries of the System Policy 5: With the exception of any activity permitted in Policy 4, development and site alteration adjacent to the target Terrestrial Natural Heritage System must maintain an undeveloped separation buffer from Existing Natural Cover within the target Terrestrial Natural Heritage System, based on an Environmental Impact Study (EIS)(Appendix I), which is the greater of: 10m; the Minimum Vegetation Protection Zone, as prescribed in the ORM Conservation Plan for lands on the ORM; the buffer distance determined in accordance with the procedures outlined in the Provincial Natural Heritage Reference Manual; the buffer distance required to achieve no negative impacts to adjacent natural cover; or The Vegetation Protection Zone, as prescribed in the Greenbelt Plan for lands within the Protected Countryside and Niagara Escarpment lands. Policy 6: The boundaries of the Terrestrial Natural Heritage System shown on the target system map may be changed or refined based on new information or site-specific field studies, as follows: (a) Boundaries may be more precisely defined in a zoning bylaw or on a registered plan of subdivision or a registered site plan that TRCA and the local municipality agree to. (b) Boundaries may be precisely defined in a registered plan of survey that TRCA and the local municipality agree to. (c) Boundaries may be refined when lands are removed from or added to the Terrestrial Natural Heritage System in accordance with Policy

7 Policy 7: Despite policies 6 and 8, if lands in the Terrestrial Natural Heritage System also fall within one or more of the following, they may not be removed from the system. (a) Lands that have been designated as natural heritage features and areas in the regional or local official plan in accordance with the Provincial Policy Statement. (b) Lands that have not been so designated, but have been identified as natural heritage features and areas in accordance with the Provincial Policy Statement by a study recognized or accepted by the regional or local municipality or by an EIS. (c) Lands adjacent to natural heritage features and areas, if the regional or local municipality or an EIS has determined that development or site alteration of those adjacent lands would cause negative impacts as described in the Provincial Policy Statement. (d) Key natural heritage features and minimum vegetation protection zones as described in the Oak Ridges Moraine Conservation Plan, for lands on the ORM. (e) Any area that would merit evaluation as a wetland or wetland complex in accordance with the criteria in the Southern Ontario Wetland Evaluation System (Ministry of Natural Resources). (f) Regionally significant life science Areas of Natural and Scientific Interest (ANSIs) identified by the Ministry of Natural Resources. (g) Environmentally Significant Areas currently identified by TRCA. (h) Existing Natural Cover not covered in (a) through (g) within the target Terrestrial Natural Heritage System in the Built-up Area, except as noted in policy 4(h). Consideration for amendment to the boundary of Existing Natural Cover within the target Terrestrial Natural Heritage System will be considered under the following scenario, except as noted in policy 4(h) - Minor changes (less than 0.25 ha) to a patch that improve the shape of a patch. The removal must be compensated for in accordance with policy 8 (a and b). (i) Potential Natural Cover that could support a rare vegetation community or wetland, as defined in an EIS (See comment under Policy 5) Negotiating Net Gains Policy 8: Subject to a satisfactory EIS and Natural Heritage Restoration Plan resulting in a net increase to local landscape values, lands may be added to or removed from the Terrestrial Natural Heritage System only if one of the conditions (a) through (d) is met and the hierarchy of conditions (a) through (d) is respected. Lands may not be removed if they meet the criteria listed in Policy 7. The applicant, the regional and local municipalities and TRCA agree to the removal of lands from the Terrestrial Natural Heritage System, and the addition to the system of lands: (a) on the same site that are at least equal in area, so that the lands added abut other portions of the system. (b) not on the same site but are in the same TNHSS planning area and the same watershed as the site and are at least 1.5 times the size of the area removed, so that the lands added abut other portions of the system. 243

8 (c) not on the same site but are in the same TNHSS planning area as the site and are at least twice the size of the area removed, so that the lands added abut other portions of the system. (d) not on the same site and are not in the same TNHSS planning area as the site but are at least three times the size of the area removed, so that the lands added abut other portions of the system. If conditions (a) through (d) cannot be met, cash-in-lieu contributions to for compensation or the purchase of ecosystem credits may be considered. Conditions for Exemptions for Transportation, Infrastructure, and Utilities Policy 9: Policies 1 through 8 apply to the development of transportation, infrastructure, and utilities, with the following modifications. (a) Before lands are removed from the target Terrestrial Natural Heritage System in accordance with Policies 6 and 8, removal must first be justified through an approved environmental assessment process under the Environmental Assessment Act, that has had due regard to the policies of this Strategy and to the following principles: - where in the opinion of TRCA the undertaking could have a substantial impact on the ecological integrity of the target Terrestrial Natural Heritage System, seriously considering alternatives to the undertaking including a do-nothing option, - minimizing the aggregate number of crossings of a valley or other feature, - minimizing the width of crossings, - minimizing the total area of lands removed from the system, - minimizing the impact of the removal of those lands on the ecological integrity of the system, - minimizing any remaining impacts of project construction and operation, after mitigating measures have been taken, on adjacent system lands, - maintaining natural connections between adjacent system lands, including viable opportunities for wildlife movement. If as part of the environmental assessment the proponent undertakes an EIS, no further work will be required as part of Policy 8, to the extent that the environmental assessment work meets the EIS and natural heritage restoration plan requirements of Policy 8. (b) Where the removal of lands has been justified through Policy 9 (a), Policy 7does not apply to the removal. (c) Where the removal of lands has been justified through Policy 9 (a) and carried out under Policies 6 and 8, Policy 5 does not apply to the development of transportation, infrastructure, and utilities in the removed lands. 244

9 (d) Where a private sector applicant is proposing local road, water, and sewer crossings not subject to Municipal Class Environmental Assessment requirements within lands to be removed, TRCA s agreement will also be subject to best efforts to adhere to the following principles: - minimizing the aggregate number of crossings of a valley or other feature, - minimizing the width of crossings, - minimizing the total area of lands removed from the system, - minimizing the impact of the removal of those lands on the ecological integrity of the system, - minimizing any remaining impacts of project construction and operation, after mitigating measures have been taken, on adjacent system lands, - maintaining natural connections between adjacent system lands, including viable opportunities for wildlife movement. (e) Stormwater management facilities and green infrastructure may be considered in Potential Natural Cover in accordance with a natural heritage restoration plan approved by TRCA and subject to other normally required approvals. 245

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