Realtors Association of HamiltonBurlington June 15 2018 1

Realtors Association of Hamilton/Burlington June 15, 2018 1

Presentation Objectives • Land Use Planning in Ontario: Context • Legislative Framework • Role of a Commission, NEC staff • Highlights of the NEP 2017/Implementation • NEP mapping: Area of Development Control 2

Niagara Escarpment Plan Oak Ridges Moraine Plan Growth Plan Greenbelt Plan - Responsibility for municipal planning delegated to provinces in the Constitution Planning Act Land Use Planning Hierarchy in Ontario Provincial Policy Statement Provincial Policy - Municipal planning is subject to provincial policies Zoning By-Law Local Official Plan - Municipal plans must be consistent with provincial policy and provincial plans Municipal Planning Regional Official Plan - Regional official plans require provincial approval 3

Provincial Land Use Plans Four provincial land use plans work together to manage growth and protect the environment in southern Ontario. Managing Resources and Protecting the Environment The Greenbelt, Niagara Escarpment and Oak Ridges Moraine Conservation Plans collectively protect over 1. 8 million acres of environmentally sensitive, agricultural and resource land from urban development. Growth Management The Growth Plan manages development through directing growth to existing urban areas and by making better use of land infrastructure investments. 4 4

Niagara Escarpment Plan Area Statistics • Stretches 725 km from Queenston to Tobermory • 195, 000 hectares • Cornerstone of Ontario’s Greenbelt (makes up approx. 23% land area of Greenbelt ) • 20% of land publicly owned; 80% privately • 7 upper-tier municipalities • 1 single-tier municipality (City of Hamilton) • 23 lower-tier municipalities • 7 conservation authorities 5

Purpose of the Act and Plan • The NEPDA and the NEP form the NEC’s legislative framework. Purpose is: …to provide for the maintenance of the Niagara Escarpment and land in its vicinity substantially as a continuous natural environment and to ensure only such development occurs as is compatible with that natural environment. 6

Provisions of the NEPDA • No other municipal or provincial approval can be issued unless NEP approval is first given. • Appointment of members and staff (s. 5) • Objectives of the Niagara Escarpment Plan (NEP) (s. 8) • Procedures for NEP reviews, hearings, and amendments (s. 6. 1, 7, 8, 10) • Regulations for establishing the Planning Area (235/10), Development Control Area (826/90) and Development Permit exemptions (828/90) • Procedures for development permit appeals, hearings, contraventions and enforcement (s. 24 & 25) • The NEP prevails over local Official Plans and by-laws where there is a conflict (s. 14) • Ministry, agency and municipal programs and undertakings must conform with the NEP (s. 13) 7

Niagara Escarpment Commission • An arm’s-length agency of the Province that reports to Ontario’s Minister of Natural Resources and Forestry • Composed of 17 members • Chair • 8 elected municipal officials (upper or single tier) • 8 “public-at-large” representatives • Meets monthly 8

Niagara Escarpment Plan (NEP) Core Functions of the NEP: • Establishes environmentally-based Land Use Designations and associated permitted uses (Part 1) • Sets Development Criteria for those designations for the assessment of development proposals (Part 2) • Establishes the Niagara Escarpment Parks and Open Space System (Part 3) • Provides for a monitoring program (added in 2005) • Recognizes the NEP’s role in Ontario’s Greenbelt • Outlines the relationship between the PPS and the NEP • Identifies provisions which apply to applications to amend the NEP 9

Part 1 of the NEP: Land Use Designations Escarpment Land Use Designations: • Natural (38%) • Protection (32%) • Rural (23%) • Urban/Minor Urban • Recreation • Mineral Extraction 7% Part 1 includes: • Objectives of each Designation • Designation Criteria • Permitted Uses for each Designation • Exceptions (NEP Amendments) 18

Part 2 of the NEP: Development Criteria • • Examples of Development Criteria used to environmentally assess proposals Water resources, key natural heritage features and scenic resources/landform conservation Policies respecting cultural heritage, recreational uses, agricultural lands, and infrastructure. 19

Part 3 of the NEP: Niagara Escarpment Parks & Open Space System • Part 3 of the NEP sets out policies for establishing public land on the Escarpment • Identifies Nodal Parks that reflect regional differences along the Escarpment • Classifications of parks and open spaces and zoning within parks • Policy on commercial and recreational uses in parks • Bruce Trail • Land acquisition and disposal 12

A UNESCO World Biosphere • 1990 – Niagara Escarpment was designated as a World Biosphere, which recognized it as a nationally and internationally significant landform. (2015 was 25 th anniversary) • 669 biosphere reserves in 120 countries, including 20 transboundary sites. 18 in Canada • World Network provides for information exchange, capacity building, demonstration sites. Promote sustainable development: not just nature preservation. • BRs have 3 zones: • Core Area: strictly protected ecosystem (Escarpment Natural Area) • Buffer Zone: Activities compatible with sound ecological practices (Escarpment Protection Area) • Transition Area: Activities that foster economic and human development in a sustainable manner (Escarpment Rural Area) • NEBR network: co-ordination of NE stakeholder. Convened by NEC. Conferences (Leading Edge), research and monitoring (ONE Monitoring Program) 13

Highlights of the 2015 Plan Review • Focus on agriculture and wider range of uses (e. g. on farm diversified uses, agriculturerelated uses including wineries) in Part 2. 8 • New policies to encourage green infrastructure and low impact development (Part 2. 12) but limit municipal servicing to urban areas • New policies on Scenic Resources and Landform Conservation in Part 2. 13 14

Policy Changes • Existing uses (Part 2. 3) limited to 25% expansion unless compatibility demonstrated; new definition requires continuous use in order to maintain status • Development may be allowed in habitat of endangered and threatened species if in compliance with the ESA, 2007 (Part 2. 7) • Development still prohibited in all wetlands 15

Policy Changes • Secondary dwelling units now Permitted in the Escarpment Rural Area within a single dwelling but not as a separate building • Policies on how to apply for a Plan amendment in Part 1. 2, including applications for new pits and quarries (Escarpment Rural Area only) 16

Implementation • Staff will be developing new Guidance Material to assist in the understanding and implementation of new policies • An Office Consolidation of the NEP will be available on the NEC website to incorporate certain urban and site specific amendments that were approved as part of and just prior to the Plan Review 17

Area of Development Control Regulation Plan Project • • • Area of Development Control is established by Ontario Regulation 826/90 The regulation uses metes and bounds; a word-based description to describe a geographic area Metes and bounds descriptions can be imprecise (e. g. “the forested edge” or “toe of slope”) and complicated to understand. 18

Regulation 826/90 B A 19

ADC Regulation Plan Project • Office of the Surveyor General (OSG) creating regulation plans (maps) to replace the current antiquated metes and bounds descriptions • Commenced in March 2017 • The ADC boundary will follow definable features such as the limits of roads and survey plans • No significant changes to ADC but some lands going into the ADC and some coming out (zoning to be put in place) • Posting on the Environmental Registry will be required • Target January 2019 for Regulation change • Future changes will be considered to reduce Area of Development Control in Urban, Minor Urban and Escarpment Recreation Area (zoning would take effect) 20

Nancy Mott, MCIP, RPP Senior Strategic Advisor 905 -877 -8363 nancy. mott@ontario. ca www. escarpment. org 21