AMENDMENT NO. 41 TO THE OFFICIAL PLAN FOR THE TOWN OF MONO

Transcription

1 AMENDMENT NO. 41 TO THE OFFICIAL PLAN FOR THE TOWN OF MONO This Amendment to the Official Plan for the Town of Mono, which has been adopted by the Corporation of the Town of Mono, is hereby approved in accordance with Sections 17 and 21 of the Planning Act, R.S.O. 1990, as Amendment No. 41 to the Official Plan for the Town of Mono. DATE CLERK Draft August 3, 2017 Page 1

2 OFFICIAL PLAN AMENDMENT NO. 41 TO THE OFFICIAL PLAN OF THE TOWN OF MONO PART A THE PREAMBLE TITLE This document is entitled Natural Heritage System Amendment and will be referred to as NHS OPA 41 in this preamble. Part A does not form part of the actual Amendment. LOCATION NHS OPA 41 applies throughout the geographical area of the Town of Mono. BASIS Town of Mono Official Plan (TMOP) was approved by consolidation January Council Resolution # gave direction to the Town s Planning Department to proceed with preparation of a Natural Heritage Strategy (NHS), the sole purpose of which was to provide a science based study as the basis for the preparation of OPA 41. NHS policy related matters were prepared in the context conformity with the following: 1. Provincial Policy Statement (PPS 2014) 2. Growth Plan for the Greater Golden Horseshoe (2017) 3. Niagara Escarpment Plan (2017) 4. Oak Ridges Moraine Conservation Plan (2017) 5. Greenbelt Plan (2017). To assist with this comprehensive policy project, Council created an advisory panel comprised of citizens of Mono and two Council Members, referred to as the Natural Heritage Steering Committee (NHSC). PURPOSE A key purpose of this Amendment is to update current existing TMOP policy sections and schedules including the following: 1. Section 1 Introduction 2. Section 2 - Purpose & Scope 3. Section 3 - Interpretation 4. Section 4 - Basis of Plan 5. Section 5 - General Goals & Policies 6. Section 6 - Suburban Areas 7. Section 7 - Hamlet Areas 8. Section 10 - Commercial Areas 9. Section 11 - Industrial Areas 10. Section 12 - Extractive Areas 11.Section 13 - Major Open Space Areas 12. Section 14 - Environmental Protection Areas 13.Section 15 - Rural Areas 14. Section 23 - Prime Agricultural Areas 15. Section 24 - General Development Policies Draft August 3, 2017 Page 2

3 16. Section 25 Implementation Sections 16 to 22 inclusive were not amended by OPA 41 given that these sections relate to Provincial Plans that already include associated policy and which prevail despite OPA 41. OPA 41 would also separate Section 14 in two new subsections: Section 14A Natural Heritage Section 14B Environmental Hazard A new set of Schedules (Schedule H1 to H8 inclusive) would also be added to the Official Plan to illustrate all natural heritage and related features and functions. 1. Schedule H1 - Natural Heritage System 2. Schedule H2 - Natural Heritage EP-1 & EP-2 Designations 3. Schedule H3 - Surface Water & Other Wetlands 4. Schedule H4 - Wetland 5. Schedule H5 - Significant Woodlands 6. Schedule H6 - Areas of Scientific & Natural Interest (ANSI) 7. Schedule H7 - Significant Valleylands 8. Schedule H8 - Natural Heritage Areas (Public Lands). More specifically OPA 41 is intended to: (a) (b) (c) Replace and/or enhance existing Natural Heritage Features policies and Greenlands System policies with Natural Heritage System policies developed from the Natural Heritage Strategy that provided the necessary and comprehensive background science based report; Augment existing Official Plan Schedule A (Land Use Plan) to reflect new Natural Heritage System mapping and to correct existing Natural Heritage Features as illustrated on Schedules H1 to H8; Modify or replace various terms and related policies throughout the Official Plan to provide better clarity and continuity in support of OPA 41. FORMAT Part B of OPA 41 sets out new Goals, Objectives and Policies to the existing Official Plan Sections and to existing Schedules and with new Schedules in the Official Plan. (a) Summary of Natural Heritage System Policies The primary focus of OPA 41 is to amend existing Section 14 - Environmental Protection Areas by dividing it into two new sub-sections: 14A - Natural Heritage System and 14B Environmental Hazard. This revised Section includes Natural Heritage Strategy features and functions as the primary basis for a Core and Non-Core Natural Heritage System policy framework as illustrated on new Schedules H1 to H8. This framework also identifies significant natural areas for long term permanent protection including Provincially Significant: 1. Areas of Natural and Scientific Interest (ANSI) 2. Habitat for Endangered & Threatened & SARO 3. Wetlands (PSW) 4. Surface Water and Fish Habitat 5. Woodlands (PSWD) 6. Valleylands & Landforms 7. Wildlife & Non-Wildlife Habitat Draft August 3, 2017 Page 3

4 Natural Heritage System policies also identify lands and features and functions where development is prohibited or where it may be permitted provided Environmental Impact Studies (EIS) demonstrate no negative impacts to natural heritage features or their ecological functions such as regionally significant: 1. Wetlands 2. Woodlands 3. Potential Habitat for Significant Species including wildlife crossings and environmental stewardship and monitoring programs are outlined to address such issues as invasive species, deer, and pollinator habitat. (b) Agriculture Policies This OPA clarifies existing Official Plan policy to minimize permitted rural to agricultural activities and operations with natural heritage systems conflicts and to provide certainty for the agricultural industry. (c) Aggregate Policies This OPA clarifies existing Official Plan policy to minimize aggregate to rural settlement and natural heritage land use and activity conflicts. A key goal is to strengthen natural heritage preservation and system linkages in view of future aggregate extraction and related activities. (d) Environmental Impact Studies (EIS) & Environmental Implementation Reports (EIR) Environmental Impact Studies (EIS) examine scoped or broad based actual and potential adverse impacts or threats that development proposals may have on natural heritage features or other land uses or activities. An (EIS) also provides short term and long term monitoring strategies, the type and extent of which depend on the features affected by the proposed development and the mitigation measures proposed. (e) Glossary Subsection 14A - Glossary has been added to include terms that are consistent with PPS (2014) and the four Provincial Plans (2017) to assist with clarity in support of implementing the Natural Heritage System policy framework. IMPLEMENTATION AND MAP CHANGES The implementation of this Amendment shall be in accordance with the provisions of the Planning Act. The further implementation and associated interpretation of this Amendment shall be in accordance with the relevant text and mapping schedules of the existing Official Plan for the Town of Mono. Schedule A will be amended and a new Schedule H will be incorporated to include current information or make corrections based on new data including GIS data through administrative amendments as deemed necessary by the Town. Amendment 41 shall be read in conjunction with the current and consolidated Official Plan. INTERPRETATION In the event of a conflict between other policies in the TMOP and the policies of this Amendment the policies of this Amendment shall prevail and in the context and conformity with any other governing Provincial policy or Provincial plans or Draft August 3, 2017 Page 4

5 the DCOP such that in both cases the prevailing policy shall be interpreted to the extent necessary to resolve the conflict. PART B THE AMENDMENT The Official Plan for the Mono Planning Area is amended as follows: 1 INTRODUCTION TO THE AMENDMENT All of this part of the document entitled Part B The Amendment, consisting of the following and the attached map designated as Schedule A, constitutes Amendment No. 41 to the Official Plan of the Mono Planning Area. 2 MAP CHANGES OF THE AMENDMENT NHS OPA 41 applies throughout the geographical area of the Town of Mono. Schedule A to the TMOP is amended by removing the entire Environmental Protection designation and replacing with the lands designated Natural Heritage System as shown on Schedule A to this amendment; and, Schedule H is hereby inserted into the TMOP as shown in the attached Schedule B to this amendment. 3 TEXT CHANGES OF THE AMENDMENT The following text changes shall be inserted into the Official Plan: 3.1 Section 1(7) is amended by adding and H after G in the second line and by adding the word entire after the word this in the second line. 3.2 Section 1(8)(c) is amended by adding the following sentence at the end of the second paragraph: All references to Niagara Escarpment Plan or (NEP) as originally approved in 1985, revised in 1994, shall also apply to its amended successor Plan approved June 01, 2017, as well as any subsequent version as applicable and/or required by the Province. 3.3 Section 1(9)(b) is amended by adding the following sentence: All references to Oak Ridges Moraine Conservation Plan or (ORMCP) as originally approved in 2002 shall also apply to its amended successor Plan approved July 01, 2017, as well as any subsequent version as applicable and/or required by the Province. 3.4 Section 1(10)(b) is amended by adding the following sentence: All references to Greenbelt Plan as approved in 2005, or otherwise identified by any commonly accepted acronym reference, shall also apply to its amended successor Plan approved July 01, 2017, as well as any subsequent version as applicable and/or required by the Province. 3.5 Section 1(11)(b) is amended by adding the following sentence: All references to Greater Golden Horseshoe Growth Plan or (GGHGP) as approved in 2006, shall also apply to its amended successor Plan approved July 01, 2017, as well as any subsequent version as applicable and/or required by the Province. 3.6 Section 2(1)(b)(i) is amended by deleting the words and the natural environment in the first line and adding the following sentence at the end of this Section: and the natural environment will be unaffected where policy in this Official Plan requires no adverse impacts whatsoever or alternatively to ensure minimal adverse impacts but only with conformity to all necessary mitigation measures as identified in this Plan; Draft August 3, 2017 Page 5

6 3.7 Section 2(1)(b)(v) is amended by adding the following sentence at the end of this Section: and thereby ensure protection of all such sensitive lands and features on which these important watersheds rely ; 3.8 Section 2(1)(b)(vi) is amended by deleting the word and in the second sentence and replacing it with the word as ; 3.9 Section 2(1)(b)(vii) is amended by adding the word managed in the first sentence after the word for and deleting the word management in the first sentence; 3.10 Section 2(1)(b)(viii) is amended by deleting the word areas of in the first sentence, and adding and their associated supportive areas and functions after the word lands in the first sentence; 3.11 Adding new Section 2(1)(b)(ix) as follows: Promote watershed management planning as a basis for protecting water resource systems in a manner that integrates preservation of the Natural Heritage System (NHS) in conjunction with public health and safety measures Adding new Section 2(1)(c) as follows: To establish natural heritage policies for the Town in alignment with Provincial policy and Plan requirements that establish the protection and enhancement for a broader Provincial based Natural Heritage System at a regional level for southern Ontario. The PPS (2014) and Pr ovincial Plans establish a coordinated outline to identify what constitutes a Natural Heritage System and primary policies to protect it Adding new Section 2(2)(e) as follows: Notwithstanding subsection (b) above, Schedule H and Schedule A mapping of natural heritages features and areas applies to all of the Plan Section 3(1)(a) is amended by adding the following third paragraph: It is recognized that boundaries of Natural Heritage System features may periodically change. The Town can determine the extent of its environmentally sensitive lands and features on a site by site basis in review of development or site alteration changes and with consultation with pertinent authorities and through an EIS. Minor refinement to the Natural Heritage System shall not require amendment to this Plan unless required by Provincial Plan policy Section 4(2) is amended by adding the words and watersheds in the first line of the fourth paragraph after the word areas Section (4)(3) is a mended by deleting all wording after Section 3(b) and adding the following: The Town is committed to protecting, maintaining, enhancing and restoring the diversity, function, linkages and connectivity among natural heritage features and functions over the long term in alignment with the PPS (2014) and in this regard this Plan conforms to the Niagara Escarpment Plan (NEP), Oak Ridges Moraine Conservation Plan (ORMCP) and the Greenbelt Plan (GP) to ensure that the Town: (a ) Natural Heritage System is maintained, restored and wherever possible enhanced, recognizing the linkages between NHS features and functions, and to associated surface water and groundwater features and systems. (b) May prohibit development within certain features and areas in accordance with the PPS, Provincial Plans, Dufferin County Official Plans (DCOP) and this Plan. Draft August 3, 2017 Page 6

7 (c) Will collaborate with its Conservation Authorities and other agencies and organizations or other relevant parties to encourage, or where deemed necessary, require a system of accessible parkland, open spaces and trails Section 4(5) is amended by adding the following sentence: All references to Provincial Policy Statement 2014 or PPS shall also apply to any approved successor Policy as applicable and/or required by the Province Section 5(1)(c) is amended by deleting all of (i) and renumbering this section as required; 3.19 Section 5(1)(l) is amended by adding the words and wherever possible enhance after the word maintain in the first sentence; 3.20 Section 5(1)(q) is deleted in its entirety and replaced with the following: It is recognized that the Town has natural heritage features and areas as identified in the NHS, and in support of its strategic basis the Town shall: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) Recognize the critical role of natural heritage features and open spaces in establishing the character and health of the community, and as an enduring legacy for future generations. Ensure that land use decisions are guided by an understanding of the natural environment, including its values, opportunities, limits and constraints. Identify, protect and enhance natural heritage features and areas, and associated ecological functions, and prohibit development or site alteration that would result in negative impacts to such features and areas, or to their ecological functions. Provide a clear and reasonable mechanism for assessing the potential impacts of development applications on existing land uses and on natural heritage features and areas. Consult with Conservation Authorities, Niagara Escarpment Commission, Provincial agencies, Dufferin County and neighbouring municipalities as appropriate, when making land use decisions that relate to shared natural heritage features and areas. Maintain and enhance surface water and groundwater resources in sufficient quality and quantity to meet existing and future needs on a sustainable basis. Establish an open space network that links environmental and recreational spaces and resources. Encourage the protection and restoration of lands and waters, and mechanisms for achieving the same, including, where appropriate, securement. Encourage, where possible, that trees and shrubs planted to replace those removed by development or site alteration, are native to Ontario. Encourage the regeneration of natural habitats, conservation of natural landforms, enhancement of groundwater and surface water resources, and environmental education and interpretation. Draft August 3, 2017 Page 7

8 (xi) Encourage the conservation of species at risk and species recovery strategies Section 5(2)(a) is amended by deleting Section 14: Environmental Protection Areas and inserting: Section 14A: Natural Heritage Areas Section 14B: Environmental Hazard Areas 3.22 Section 5(2)(c) is amended by adding at the end of this section the following paragraph: Secondary plans must provide opportunity for the dedication of natural heritage features and functions to better ensure their long term preservation and/or to integrate these portions with their associated NHS features and functions wherever available Section 5(2) is amended by adding the following subsection (h) as follows: (h) Schedule H Natural Heritage System identifies the Natural Heritage System for the Town and includes the following Schedules H1 to H8 inclusive: 1. Schedule H1 - Natural Heritage System 2. Schedule H2 - Natural Heritage EP-1 & EP-2 Designations 3. Schedule H3 - Surface Water & Other Wetlands 4. Schedule H4 - Wetland 5. Schedule H5 - Significant Woodlands 6. Schedule H6 - Areas of Scientific & Natural Interest (ANSI) 7. Schedule H7 - Significant Valleylands 8. Schedule H8 Natural Heritage Areas (Public Lands) Section 6(1) is amended by adding the following subsection: (d) Identify and protect any natural heritage features on site by integrating such features into a site development or redevelopment plan and/or to adequately buffer natural heritage features. This includes all natural heritage features and functions where they may exist on lands with a Suburban designation Section 7(1) is amended by adding the following subsection: (e) Identify and protect any natural heritage features on site by integrating such features into a site development or redevelopment plan and/or to adequately buffer natural heritage features. This includes all natural heritage features and functions where they may exist on lands with a Hamlet designation Section 10(1) is amended by adding the following subsection: (d) Identify and protect any natural heritage features on site by integrating such features into a site development or redevelopment plan and/or to adequately buffer natural heritage features. This includes all natural heritage features and functions where they may exist on lands with a Commercial designation Section 11(1) is amended by adding subsection (d) as follows: (d) Identify and protect any natural heritage features on site by integrating such features into a site development or redevelopment plan and/or to adequately buffer natural heritage features. This includes all natural heritage features and functions where they may exist on lands with a Industrial designation Section 12(1) is amended by adding the following subsections after subsection (e): Draft August 3, 2017 Page 8

9 (f) (g) Identify, protect and enhance natural heritage features principally through the EP-1 or EP-2 designations as part of a development agreement under this Section. Include adequate buffer zones to encompass all natural heritage features and functions such that no negative impacts shall occur over the long term to all such natural heritage features and functions including their approved buffer zones Section 12(2)(a) is amended by adding the following second paragraph at the end: In keeping with its environmental-first values, this Official Plan requires that where any approved aggregate extraction may adversely influence the Natural Heritage System, such application(s) shall require a net environmental gain through a combination of compensation and/or enhancements that are initiated prior to any site alterations and/or during extractions and the progressive and final rehabilitation of the site to uses that benefit the Town Section 12(2) is amended by adding the following subsections after subsection (c): (d) REHABILITATION It is the policy of this Plan to encourage progressive rehabilitation of all pits and quarries within the Town. Council will work with pit and quarry operators and Ministry of Natural Resources & Forestry (OMNRF) to ensure that all new licenses have appropriate progressive rehabilitation plans and adaptive management plans. If the site to be rehabilitated is in the area of the Niagara Escarpment Plan Area, rehabilitation shall take place in accordance with the objectives of the applicable re-designation of the Niagara Escarpment Plan. The rehabilitation measures taken will be compatible with, and shall demonstrate the ability to achieve minimal impacts upon, the surrounding natural and visual environment and existing uses, all of which shall be to the satisfaction of the Town. If a site is to be rehabilitated to a natural state, it is the policy of this Plan that natural self-sustaining vegetation and, where possible, hydrologic features shall be established, restored and enhanced to achieve a net gain acceptable to the Town. Rehabilitation will be implemented so that the connectivity of the Key Natural Heritage Features and the Key Hydrologic Features on the site and on adjacent lands will be maintained, restored and enhanced wherever possible as determined by the Town. (e) FINAL REHABILITATION Final rehabilitation in the Natural Heritage System will meet these additional provisions: (i) Where there is no approved underwater extraction, an amount of land equal to that under natural vegetated cover prior to extraction and no less than 35% of each license, is to be rehabilitated to forest cover, which shall be representative of the natural ecosystem in that particular Draft August 3, 2017 Page 9

10 area or district and may include additional native species specified by the Town; (ii) Where there is approved underwater extraction, no less than 35% of the nonaquatic lands of each license is to be rehabilitated to forest cover, which shall be representative of the natural ecosystem in that particular area or district and may include additional native species specified by the Town Section 12(3)(b) is amended by adding a new subsection (ii) as set out below and renumbering all sections thereafter: (ii) Greenbelt Plan Area Greenbelt Plan (2004) non -renewable resources policies prohibit new aggregate extraction activities or wayside pits or any ancillary or accessory uses in the following key natural heritage and hydrologic features: 1. Significant Wetlands, 2. Significant Woodlands, 3. Habitats of Endangered and Threatened Species New proposed aggregate operations shall demonstrate to the sole satisfaction of the Town the following: 1. Preservation of key natural heritage and hydrologic features connectivity; 2. Enhanced replacement of key natural heritage and hydrologic features needed to be removed, altered or otherwise impacted to accommodate proposed aggregate operations or similar operations all to the sole satisfaction of the Town; 3. Enhanced protection of the Water Resources Systems; and, 4. Enhanced protection of key natural heritage and hydrologic features not classified as Provincially Significant. Approved licenses for proposed expansions or change of a prerehabilitation operation into key natural heritage and hydrologic features and their protection buffers shall only be permitted if it is demonstrated that: 1. No adverse impacts shall occur and providing enhanced replacement of key natural heritage and hydrologic features needed to be removed, altered or otherwise impacted to accommodate proposed aggregate operations or similar operations all to the sole satisfaction of the Town, and/or, 2. Compliance with the PPS (2014) is exceeded, and/or, 3. Approved new or expanding aggregate resource operations or other pre-rehabilitation operation or wayside pits or any ancillary or accessory uses that, in the sole opinion of the Town, may result in adverse impact to the NHS located elsewhere in the Town but not in the Greenbelt Plan (2004) or Niagara Escarpment Plan (1994) or Oak Ridges Moraine Conservation Plan (2001) shall be consistent with all o f the above noted policies as if they were Provincially Significant within the Greenbelt Plan (2004). Draft August 3, 2017 Page 10

11 3.32 Section 13(1) is amended by adding the words - Major Open Space after the word objectives in the title; 3.33 Section 13(1) is further amended by adding the word primary after the word The in the first sentence; 3.34 Section 13(1) is further amended by adding new Section (2) as follows: (2) BASIC OJBECTIVES NATURAL HERITAGE AND OPEN SPACE STRATEGY Related basic objectives which led to the designation of lands as natural heritage areas within the Natural Heritage System shown on Schedule H- 8 are as follows: (a) The Town is committed to maintaining and promoting a healthy natural environment and protecting its unique and special natural heritage features for the present generation and all successive generations. On this basis, it is a policy of this Plan that the establishment of a Natural Heritage and Open Space System Strategy (NHOSS) be completed through a n Official Plan Amendment, including associated policies addressing its protection, during as part of a future the Town s required Official Plan Review. The NHOSS shall consider as part of its strategy best practices guideline. (b) The NHOSS will reinforce the protection, restoration and enhancement of identified natural heritage features and areas, and promotes the overall diversity and interconnectivity of these features and areas; (c) (d) The Town recognizes that a natural heritage and open space system would benefit from public ownership to ensure protection of the features and to provide for public access, where appropriate. The Town will consider options for the acquisition of land associated with natural heritage features and areas, functions and linkages. Notwithstanding the options for the acquisition of lands as part of a natural heritage and open space system strategy, the Town will not be obligated to acquire or purchase any land containing natural heritage features and areas; and, The natural heritage features and areas under private ownership continue to be private and their identification as such features in no way increases their accessibility to the public or their eligibility for acquisition by the municipalities, or any other conservation group or agency. The Major Open Space and Natural Heritage Areas together comprise the Town s green infrastructure, consisting of: (a) Natural heritage areas in public ownership, including lands owned by the County, Town, Province and Federal Ministries, as well as organizations recognized under the Conservation Land Act, including Ontario Heritage Foundation, Nature Conservancy of Canada, Bruce Trail Conservancy, and Escarpment Biosphere Conservancy; (b) Existing municipal rights-of-way where they support natural heritage features; Draft August 3, 2017 Page 11

12 (c) (d) (e) (f) (g) (h) Established and proposed service and utility corridors where they support natural heritage features; Existing parks and open space lands; Trails and pathways; Stormwater management facilities; Linkages provided with any Planning Act development approvals; and, Agreements with private land owners, such as access easements Section 13(2) is amended by adding the words and identified natural heritage areas after the word Space in the first line; 3.36 Section 13(3)(b) is amended by adding the following sentence at the end: In general lands identified as having natural heritage importance or significance are encouraged to be conveyed to the appropriate public authority to better ensure their long term protection and/or integration within the Town s green infrastructure Section 13(3)(c) is amended by adding the words that support permitted uses under the Major Open Space designation after the word area in the first sentence; 3.38 Section 13(3)(c) is further amended by adding the words and without detriment or adverse impacts to the NHS. at the end of the second sentence; 3.39 Section 13(3)(d) is further amended by adding the word approved before the word parking and deleting the words in number in the third sentence; 3.40 Section 13(3)(d) is further amended by adding the following sentence at the end: Development of additional parking areas, community facilities and other infrastructure are to be designed and constructed in a manner that protects or enhances any adjacent NHS features and functions in accordance with acceptable recommendations identified through an EIS Section 14 Environmental Protection areas shall be deleted in its entirety A new Section 14A Natural Heritage shall be inserted as follows: (1) BASIC OBJECTIVES (a) (b) Identify and map ongoing in the natural heritage system significant natural heritage features as defined by the PPS, NEP, ORMCP and GP, including wetlands, surface water features, woodlands, areas of natural and scientific interest, wildlife habitat, valleylands, fish habitat, habitat of endangered, threatened and rare species, and other natural heritage areas, recognizing linkages between and among natural heritage features and areas, and surface and ground water features; Implement natural heritage Provincial policy within the overall framework of the Town s Natural Heritage System and to apply them consistently across the Town; Draft August 3, 2017 Page 12

13 (c) Require that approvals or permitted activities for development or site alterations in or adjacent to natural heritage features and areas are typically prohibited, or where permissible, to demonstrate, including through environmental impact studies, that such proposed development or site alterations shall not be permitted (Environmental Protection 1) or that development or site alteration shall not be permitted unless it has been demonstrated there will be no negative impacts on the natural features or their ecological functions (Environmental Protection 2); (d) Require that applications for development and site alterations adhere to a rigorous and sound review process, including peer reviews as required by the Town, so as to protect, enhance and restore water quality and quantity, and surface and ground water, and provide optimal storm water management; (e) (f) (g) (h) (i) Recognize the important role of the Natural Heritage System in defining the character and values of a healthy community for present citizens and future generations and so to ensure that land use decisions and other programs and actions contribute to an overall cumulative net gain in the health of the community, environment and the conservation of natural heritage features and areas; Ensure that the cumulative effects of permissible development and site alterations as they impact or are likely to impact the natural environment are mitigated in any decisions on applications for development or site alterations; Ensure decisions, including land use and other Town approvals and any associated conditions of approval, prohibit practices that can or are likely to degrade natural heritage features or areas; Collaborate with the Conservation Authorities, Provincial agencies, Dufferin County and adjacent municipalities to collectively protect, enhance and restoration regionally placed natural heritage features regarding watershed planning and overall environmental stewardship principles; and, Identify lands and waters that are priorities for conservation, enhancement or restoration, and invoke mechanisms for achieving their protection and sustainability; (2) PREDOMINANT USES Schedule H sets out the entire Natural Heritage System and mapping for the Town. Specifically, Schedule H2 provides delineation between an EP1 designation and EP2 designation. The uses permitted in the designations include: (a) EP1 Designation - Development and site alteration is prohibited within the Natural Heritage System - EP1 Designation, including approved or established minimum buffers, with the exception of the following uses: Draft August 3, 2017 Page 13

14 (i) Legally existing non-agricultural uses, buildings or structures, including existing agriculture; (ii) Fish and wildlife management either conducted or pre-approved by an authorized agency; (iii) Forest management conducted or pre-approved by an authorized agency or as provided by a Council pre-approved forest management plan; (iv) Habitat conservation; (v) Natural heritage or habitat restoration; (vi) Passive recreational activities, including outdoor recreation facilities either conducted or pre-approved by an authorized agency; and, (vii) Any other use permitted with prior approval by an authorized agency. (b) EP2 Designation - Development and site alteration is prohibited within the Natural Heritage System - EP2 Designation, including approved or established minimum buffers, with the exception of the following uses: (i) Legally existing non-agricultural uses, buildings or structures, including agriculture; (ii) Fish and wildlife management; (iii) Forest management as provided by a Council preapproved forest management plan; (iv) Habitat conservation; (v) Natural heritage or habitat restoration; (vi) Passive recreational activities; (vii) Limited aggregate extractive operations with a Council pre-approved rehabilitation plan; and, (viii) Any other use permitted with pre-approval by an authorized agency. (3) PLANNING POLICIES The Town requires the protection of natural heritage features and areas and their associated ecological functions and encourages their enhancement where possible. The Town supports and encourages their protection and enhancement where they extend into adjacent Municipalities. (a) The natural heritage system includes natural heritage features and areas as they are defined by the PPS, NEP, ORMCP and GB, including wetlands, surface water features, woodlands, areas of natural and scientific interest, wildlife habitat, valleylands, fish habitat, habitat of endangered, threatened and rare species, and other natural heritage areas, recognizing linkages between these features and areas and surface and ground water features and functions. (b) Natural heritage features and areas can occur individually or at the same site, such as a wetland occurring within a woodland. The mapping of specific features and areas permits planning authorities and applicants for development or site alteration to identify features and areas at or near a site, their location within the natural heritage system, and the known environmental concerns at a site. This reflects the best available information, but there will be additional features, and refined boundaries of features, that result from site-specific environmental impact studies and from other sources. Draft August 3, 2017 Page 14

15 (c) (d) (e) The PPS, NEP, ORMCP and GP require land-use policies that protect natural heritage systems and their natural heritage features and areas, and their adjacent lands, and the policies of this Plan achieve or exceed the policies of those plans, while integrating Provincial Plan policy requirements in a manner that is consistent throughout the Town of Mono. The PPS, ORMCP and GP require applications for development and site alteration to demonstrate there will be no negative impacts on the natural features or their ecological functions, and an environmental impact study (EIS) may be required before consideration of a development application, which demonstrates there are no negative impacts on the natural heritage features and their ecological functions. Other permitting authorities, such as the Niagara Escarpment Commission, Conservation Authorities, and Provincial agencies, may be expected to achieve the same by acting on the direction of the Town to require an environmental impact study. The Provincial Plans distinguish two policy approaches as they apply to specific natural heritage features and areas, and their adjacent lands. (i) Environmental Protection 1 (EP1): Development and site alterations shall not be permitted, in all the Town of Mono on: (1) wetlands (provincially significant wetlands, and other wetlands), and their adjacent 30-m vegetation protection zone; (2) significant portions of the habitat of endangered species and threatened species; (3) surface water features (natural lakes, streams and rivers, other wetlands), and their adjacent 30-m vegetation protection zone; and, (4) in NEP, ORMCP and GP portions of Mono, all of the above, and life science areas of natural and scientific interest, fish habitat, significant portions of the habitat of rare species, significant wildlife habitat, and significant woodlands, and their adjacent 30-m vegetation protection zones. An EIS may be required before consideration of an application for proposed development or site alteration within a distance of 120-m from a specific EP1 natural heritage feature. (ii) Environmental Protection 2 (EP2): Development and site alteration shall not be permitted in the following natural heritage features and areas, unless it has been demonstrated by an EIS that there will be no negative impacts on the natural features and their ecological functions in: (1) that part of the Town of Mono not subject to the NEP, ORMP and GP: Draft August 3, 2017 Page 15

16 (b) (c) (d) significant woodlands, significant areas of natural and scientific interest (Provincial and regional life science ANSIs and Provincial earth science ANSIs), and, significant wildlife habitats; (2) the entire Town of Mono, in all natural heritage areas that are not otherwise EP1 features: (a) (b) (c) (d) (e) Provincial parks and associated lands; Dufferin County Forests; Town of Mono Forests and other open space lands; Conservation Authority lands; and, Conservation lands of the Ontario Heritage Foundation, Bruce Trail Conservancy, Nature Conservancy of Canada, Escarpment Biosphere Conservancy, or other organizations recognized by Conservation Lands Act. An EIS may be required before consideration of an application for proposed development or site alterations within a specific EP2 natural heritage feature or area, or within a distance of 120 metres from a specific EP2 feature or area. It is strongly recommended that no development or site alterations occur within the adjacent 30 metre vegetation protection zone contiguous to an EP2 feature or area. A full EIS or a scoped EIS may be required, based on the specific feature(s) of concern and the distance between a feature or area and a proposed development or site alteration. (iii) Additional Provincial and federal legal protections are extended to, and permits and conditions of approval are required for development or site alterations, as it may relate to: (1) Fish habitat (Fisheries Act); (2) Wetlands (Conservation Authorities Act); (3) Hydrologic features (Conservation Authorities Act, and Fisheries Act); (4) Endangered and threatened species (Endangered Species Act); and, (5) Any applicable policy within an approved Provincial Plan. (f) Adjacent lands are defined by the Provincial Plans as the width of land contiguous to a specific natural heritage feature or area, in which development and site alteration shall not be permitted unless its ecological functions have been evaluated and it has been established there are no negative impact on the features or their ecological functions, as demonstrated through an environmental impact study. Two widths of adjacent lands are identified: Draft August 3, 2017 Page 16

17 (i) (ii) Vegetation protection zone (VPZ), the 30 metre adjacent to a specific feature or area, within which no development or site alterations is permitted in the NEP, ORMCP and GP portions of the Town of Mono, and within which development and site alteration is strongly discouraged in the PPS portions of the Town of Mono; and, Minimum area of influence (MAI), the 120 metre adjacent to the specific feature or area, within which development or site alteration is prohibited unless its ecological functions have been evaluated and it has been established there would be no negative impact on the features or their ecological functions, as demonstrated through an environmental impact study. (g) An Environmental Impact Study (or EIS, or natural heritage or hydrologic evaluation) shall: (i) (ii) Demonstrate that any proposed development or site alteration will have no adverse effects on the natural heritage feature or the related ecological functions; and, Identify planning, design and construction practices that will maintain and, where possible or required, improve or restore the health, diversity and size of the natural heritage feature or area and its connectivity with other similar features or areas. (h) In addition to implementing the policies of this Plan, the Town may consider the following alternative means to protect natural heritage features: (i) (ii) (iii) (iv) Secure lands as public conservation lands; Request a Conservation Authority to secure lands associated with a surface water feature, as public conservation lands; Use tree cutting or fill-regulation by-laws to achieve natural heritage objectives with regard to woodland management and landform conservation; Establish by-laws or policies to control or manage invasive species threatening natural heritage features and areas; (v) Encourage the use of agreements such as conservation easements, to secure the protection of lands; (vi) (vii) Encourage and promote landowners to make use of programs, guidelines and materials and techniques that maintain, enhance and restore the natural heritage features on their properties, and, where appropriate, to enter into agreements to convey such lands to a public agency or land trust; and, Enact municipal by-laws or policies to conserve particular lands or waters. Draft August 3, 2017 Page 17

18 (i) (j) (k) Where lands or waters are identified as natural heritage features or areas of the natural heritage system, and the land is under private ownership, this Plan does not intend that such lands be considered in any manner accessible to the general public (or not subject to the Trespass to Property Act), or that the Town of Mono or other agency intends to purchase such lands. The Town shall undertake public infrastructure works and actions that are consistent with the protection of natural heritage features and areas, and their ecological functions. Where infrastructure works impinge upon such feature or areas, the Town will review any impacts of its proposed actions, consider alternatives and implement measures to minimize such impacts, in conformity with its policies and guidelines on environmental impact studies. Nothing in the natural heritage policies is intended to limit the ability of existing agricultural uses to continue. (4) ENVIRONMENTAL IMPACT STUDIES (EIS) An environmental impact assessment (EIS) shall provide an objective technical assessment of proposals for development or site alteration, to ascertain if, and to what extent, a proposal might reasonably be expected to have negative impacts on the biological, hydrologic or physical features or ecological functions of a feature or area. The EIS identifies potential negative impacts and recommends ways to avoid or minimize impacts and, where possible, result in a net gain for the natural heritage feature or function. (a) Objectives (i) (ii) (iii) Use the EIS process to assess potential environmental impacts of proposed developments whether regulated under the Planning Act, Municipal Act or other legislation; Use the EIS process to determine whether a particular development can proceed, and if so, the actions required to avoid negative impacts and result in net gains for the natural features; and, Use the EIS process as a means to plan for the provision of municipal infrastructure servicing. (b) General Policies (i) (ii) Where this Plan s Natural Heritage policies require, in relation to specific natural heritage features and areas, and their adjacent lands, a proponent may be required to prepare an environmental impact study (EIS) in accordance with the following policy or as otherwise directed by the Town or its designated authority; An EIS shall generally be carried out by a professional qualified in the field of environmental sciences, acceptable to the Town or its designated authority. Through discussions with Town staff, the Conservation Authority, NEC or other planning authority, the scope and terms of reference of an EIS will be prescribed. It Draft August 3, 2017 Page 18

19 may be customized and/or peer reviewed, at the final discretion and direction of the Town, to reflect the: (1) Significance and complexity of the natural heritage and hydrologic feature(s); (2) Proximity of the proposed development and site alteration to natural heritage feature(s) and the extent of adjacent lands proposed to be protected from development and site alteration (i.e., Vegetation Protection Zone of 30-m, and/or some additional portion of the Minimum Area of Influence of 120-m); (3) Severity of the impacts; and, (4) Alternative assessments that may be also be required (Conservation Authorities Act, Fisheries Act, Endangered Species Act, Environmental Assessment Act). (c) The EIS shall, in general, include a: (i) (ii) (iii) Rationale for the development proposal and the alternative forms that the development proposal and site alteration could take, including advantages and disadvantages of each; Location map and description of existing and proposed buildings, land uses and access routes, and existing vegetation, flora and fauna, site topography, drainage, hydrology, soils, hydrogeological conditions, and other applicable matters; and, Adjacent land uses and existing regulations affecting the proposal and any adjacent lands. (d) The EIS shall, specifically, and with particular regard to the known and discovered natural heritage features, and their ecological functions: (i) Describe all natural heritage features and their ecological functions, and how they might directly or indirectly be negatively impacted; (ii) (iii) (iv) Undertake seasonal field survey appropriate to the identified and found features and functions, reflecting the particular features of concern, and, for example, reflecting the most current information on the occurrence of rare, threatened and endangered species, and the significance of natural heritage features; Describe the negative impacts that might reasonably be caused to the natural heritage feature and its associated ecological functions by the proposed development; Describe the actions needed to prevent, alter, mitigate or remedy any expected negative impacts upon natural heritage features; (v) Describe alternative methods of protecting, enhancing or restoring the ecological functions of the areas affected; Draft August 3, 2017 Page 19

20 (vi) (vii) Identify any short or long term monitoring techniques and protocols necessary to determine if negative impacts to the natural heritage features are occurring, and the remediation measures triggered by results from such monitoring; and, Other information required by the Town, Conservation Authority, Niagara Escarpment Commission, or other Provincial agency, to evaluate the development proposal. (e) (f) (g) (h) (i) The Town shall not approve a development application, or amend this Plan, or pass a by-law to permit development or site alteration upon or adjacent to lands identified as a natural heritage feature until the required environmental impact study (EIS) has been approved by the Town or delegated authority. The review and approval of an EIS may include peer reviews, at the discretion of the Town or delegated authority; An EIS may determine that particular development or site alterations should not occur, or it may be the conclusion of peer review or of the Town or delegated authority that an EIS has demonstrated that a proposed development would have a negative impact on the studied features and their associated ecological functions so as to render the features or functions lost or degraded either in the short term or over the long term, and that development or site alteration should not occur; The Town will use the Provincial Natural Heritage Reference Manual as a guideline for assessing the completeness of an EIS; and, The review of an EIS by the Town shall be conducted in accordance with this policy and in all cases any peer review shall be at the expense of the applicant. Peer reviewers shall be independently chosen by and managed solely by the Town. 5. GLOSSARY The following terms are consistent with the definitions in the PPS (2017) and Provincial Plans (2017). All terms are italicized in this Plan. Adjacent lands: means, for the purposes of natural heritage features and areas, those lands contiguous to a specific natural heritage feature or area where it is likely that development or site alteration would have a negative impact on the feature or area. The width of adjacent lands includes a vegetation protection zone (VPZ, 30-m) and a minimum area of influence ( MAI, 120-m), as recommended by Provincial Plans. Areas of natural and scientific interest (ANSI): means, areas of land and water containing natural landscapes or features that have been identified by the Province as having life science or earth science values related to protection, scientific study or education. Development and/or site alteration: means, the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act, but does not Draft August 3, 2017 Page 20

21 include activities that create or maintain infrastructure authorized under an environmental assessment process, or works subject to the Drainage Act. Ecological function: means, the natural processes, products or services that living and non-living environments provide or perform within or between species, ecosystems and landscapes. These may include biological, physical and socio-economic interactions. Endangered, threatened and rare species: means, i) a species listed as at risk in Ontario as an endangered or threatened species, for which a regulation made under clause 55(1)(a) of the Endangered Species Act, 2007 is in force; ii) other species listed on the Species at Risk in Ontario List as an endangered or threatened species; and iii) in terms of rare species, any species listed and tracked by the Ontario Natural Heritage Information Centre as Provincially rare (subnational rank S1 to S3/4). Environmental impact study (or EIS): means, a study prepared by a qualified person to assess potential direct or indirect impacts from proposed development and site alteration, adhering to the standards of the Provincial Natural Heritage Reference Manual, and to be completed before an application is considered. At a minimum an EIS will: (a) demonstrate that the proposed development or site alteration will have no adverse effects on the natural heritage feature or its adjacent lands, and their related ecological functions; and, (b) Identify planning, design and construction practices that will maintain and, where possible, improve or restore the health, diversity and size of the natural heritage feature and its connectivity with other natural heritage features. (Provincial Plans alternatively use the terms natural heritage evaluation and hydrologic evaluation and, in this policy, EIS is intended to encompass such alternate terms.) Fish habitat: as defined in the Fisheries Act, means spawning grounds and any other areas, including nursery, rearing, food supply, and migration areas on which fish depend directly or indirectly in order to carry out their life processes. Green infrastructure: means, natural and human made elements that provide ecological and hydrological functions and processes, including components such as natural heritage features and systems, parklands, complete streets and other features. Landform conservation: means, in relation to the maintenance of significant landform features, limiting the developable areas in conformity with the policies of the ORMCP, s.30. Natural heritage areas: means, conservation lands such as Provincial Parks and associated lands, County Forests, Town Forests and other open-space lands, Conservation Authority lands, and other conservation lands owned and stewarded by organizations recognized under the Conservation Land Act (Ontario Heritage Foundation, Bruce Trail Conservancy, Nature Conservancy of Canada, Escarpment Biosphere Conservancy, etc.) Draft August 3, 2017 Page 21