Appendices-TextAPPENDIX I - DEFINITIONS
“Accessory Apartments” - Self-contained apartments created through converting part of or
adding on to existing single detached homes.
“Adjacent Lands” - when used in reference to natural heritage features or designations
means those lands contiguous to a specif ic 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 extent of the adjacent lands are shown on Appendix III-B and III-D.
“Adverse Impacts” - where a proposed use or development may:
-impair the quality of the natural environment for any use that can be made
of it;
-result in injury or damage to property or plant or animal life;
-cause harm or material discomfort to any person;
-negatively affect the health or safety or any person;
-render any property/plan/animal life unfit for human use;
-result in loss of enjoyment of normal use of the property; or
-interfere with the normal conduct of business.
“Active Transportation” means any form of self-propelled (non-motorized) transportation
that relies on the use of human energy such as walking, cycling, inline skating or jogging.
“Affordable Housing” means:
a)in the case of ownership housing, the least expensive of:
I)housing for which the purchase price results in annual
accommodation costs which do not exceed 30 percent of gross
annual household income for low and moderate income households
(as defined in the Provincial Policy Statement); or
ii)housing for which the purchase price is at least 10 percent below the
average purchase price of a resale unit in the regional market area
(as defined in the Provincial Policy Statement);
b)in the case of rental housing, the least expensive of:
I)a unit for which the rent does not exceed 30 percent of gross annual
household income for low and moderate income households (as
defined in the Provincial Policy Statement); or
ii)a unit for which the rent is at or below the average market rent of a
unit in the regional market area (as defined in the Provincial Policy
Statement).
“Agricultural Value Retention Uses” means the activities required on site to make the farm
product market ready including, but not limited to washing, drying, sorting, packing and
packaging.
“Areas of Natural and Scientific Interest” - Land and water areas containing natural
landscapes or features that have values related to protection, natural heritage appreciation,
scientific study and/or education as classified by the Ministry of Natural Resources.
“Brownfield Sites” - Undeveloped or previously developed properties that may be
contaminated. They are usually, but not exclusively, former industrial or commercial
properties that may be underutilized, derelict or vacant. (Provincial Policy Statement, 2005)
“Buffer” - a naturally vegetated protective zone adjacent to a natural heritage feature or
area serving to cushion and protect it from the impacts of human activities.
“Built Heritage Resource” - one or more significant buildings, structures, monuments,
installations or remains associated with architectural, cultural, social, political, economic
or military history that are of value for the important contribution they make to our
understanding of the history of a place, an event, or a people.
“Community Planning District” - A relatively large area of the City into which the City has
been divided very generally containing the same predominant municipal land uses or
functions, the major purpose being to serve as a statistical tool for recording and analysing
information about the City.
“Complete Communities” - Complete communities meet people’s needs for daily living
throughout an entire lifetime by providing convenient access to an appropriate mix of jobs,
local services, a full range of housing, and community infrastructure including affordable
housing, schools, recreation and open space for their residents. Convenient access to
public transportation and options for safe, non-motorized travel is also provided.
“Comprehensive Review” -
a)an official plan review or amendment which is initiated or adopted by a
planning authority for the purposes employment land conversions within a
regeneration area or Downtown, or
b) for the purposes of urban boundary expansions and conversions of
employment lands, not within regeneration areas or Downtown, means an
official plan review, or an official plan amendment, initiated by a
municipality that comprehensively applies the policies of the Growth Plan
for the Greater Golden Horseshoe; which:
1.is based on a review of population and growth projections and which
reflect projections and allocations by upper-tier municipalities and
provincial plans, where applicable; considers alternative directions for
growth; and determines how best to accommodate this growth while
protecting provincial interests;
2.utilizes opportunities to accommodate projected growth through
intensification and redevelopment;
3.confirms that the lands to be developed do not comprise specialty
crop areas in accordance with policy 2.3.2 (of the Provincial Policy
Statement, 2005);
4.is integrated with planning for infrastructure and public service
facilities; and
5.considers cross-jurisdictional issues.
“Condominium Conversion Policy” - Council adopted guidelines contained in the Policy and
Procedural Manual which stipulate conditions to be satisfied in order for Council to approve
the conversion of existing rental accommodation to condominium ownership.
“Conservation” - in reference to properties of cultural heritage value or interest, is the
retention of the significance of a place by ensuring that significant elements are not
destroyed or removed.
“Conservation Plan” - a document prepared by a qualified person(s) that details how the
heritage values, attributes and integrity of a cultural heritage resource can be retained
through descriptions of repairs, stabilization and preservation activities as well as long term
conservation, monitoring and maintenance measures.
“Cultural Heritage Landscape” - a defined geographical area, often modified by human
activities, that are valued for their important contribution to our understanding of the history
of a place, an event, or a people. The geographical area may have been specifically
designed or may have evolved over time and may be continuing to evolve. It involves a
grouping(s) of individual heritage features such as structures, spaces, archaeological sites
and natural elements, which together for a significant type of heritage form, distinctive from
that of its constituent elements or part such as gardens, main streets, neighbourhoods or
trails.
“Cultural Heritage Value or Interest” - includes built heritage resources, cultural landscapes
and sites of archaeological importance.
“Dwelling Unit” - see “Residential Unit”.
“Earth Science area of natural and scientific interest” - areas identified by the Ministry of
Natural Resources containing some of the most significant representative examples of the
bedrock, fossil and landform features in Ontario and includes examples of ongoing
geological processes.
“Ecological Function” - the natural process, product or service that environments provide
or perform within or between species, ecosystems and landscapes.
“Employment Lands” - an area of land designated for clusters of business and economic
uses being: manufacturing, warehousing, office uses and retail uses associated with or
facilities ancillary to them; and areas supporting opportunities for cross-border trade,
movement of goods and tourism.
“Endangered species” - a species that is listed or categorized as an ‘endangered species’
on the Ontario Ministry of Natural Resources official species at risk list or that is designated
as Endangered by the Committee on the Status of Endangered W ildlife in Canada
(COSEWIC), as updated and amended from time to time.
“Environmental Impact Study (EIS” - a report to address the potential impacts of
development on natural heritage features and areas. A “Scoped Environmental Impact
Study” is an area-specific study that addresses issues of particular concern not previously
addressed in sufficient detail in a comprehensive study.
“Final Rehabilitation” - Rehabilitation in accordance with the aggregate Resources Act,
consequent regulations, the site plan and the conditions of the licence or permit performed
after the excavation of aggregate and the progressive rehabilitation, if any, have been
completed.
“Fish habitat” - the spawning grounds and nursery, rearing, food supply and migration
areas on which fish depend directly or indirectly in order to carry out their life processes
and is as identified by the Ministry of Natural Resources.
“Fisheries Resource Areas” - High quality fish habitat that provides significant benefits to
the community in the form of valuable recreational opportunities, tourism generated income
and indicators of environmental health.
“Flood line” - an engineered line delineating the potential extent of flooding, by elevation,
as a result of a specific flood event.
“Flood plain” - the land adjacent to a waterbody which will be inundated in the event of a
flood.
“Floodway” - the channel of watercourse, and those portions of the floodplain adjoining the
channel which are required to discharge flood water from a flood.
“Forest Resource Areas” - W oodlots two hectares or greater in size, capable of providing
significant economic, social and environmental benefits to the community in the form of
income from forest products, recreation, education and research opportunities, recharge
of water supplies, soil and water conservation, wildlife habitat, buffers between land uses
and aesthetic amenities.
“Greening” - A program which focuses on the protection of existing natural or green
attributes of the City, the development of open spaces, landscapes and streetscapes
incorporating nature in the Urban Area, changing municipal infrastructure to ensure
greening projects are maintained and the perception that mankind is responsible for
preserving the ecosystem.
“Greyfields” - Previously developed properties that are not contaminated. They are usually,
but not exclusively, former commercial properties that may be underutilized, derelict or
vacant.
“Ground water” - any water that exists beneath the land surface, but more commonly water
existing in fully saturated soils and geologic formations.
“Ground water features” -water-related features in the earth's subsurface, including
recharge/discharge areas, water tables, aquifers and unsaturated zones that can be
defined by surface and subsurface hydrogeologic investigations.
“Ground water recharge” - the replenishment of subsurface water resulting from: (a) natural
processes such as the infiltration of rainfall and snowmelt and the seepage of surface
water from lakes, streams, and wetlands; and (b) human intervention such as the use of
stormwater management systems.
“Ground water recharge area” - the area from which there is significant addition of water
to the ground water system from natural processes or human intervention.
“Group Home” - A building or part of a building used for the accommodation of a limited
number of persons (exclusive of staff or persons receiving the residents) living together
under responsible supervision for reasons of physical, mental, emotional, social or legal
status and is licensed or approved under Provincial statute.
“Habitat of endangered and threatened species” - an area where individuals of an
endangered species or a threatened species live or have the potential to live and find
adequate amounts of food, water, shelter and space needed to sustain their population,
including an area where a species concentrates at a vulnerable point in its annual or life
cycle and an area that is important to a migratory or non-migratory species.
“Hazard lands” - means property or lands that could be unsafe for development due to
naturally occurring processes such as erosion or unstable soils.
“Heritage Impact Assessment” - a study prepared by a qualified person(s) to determine if
a specific development proposal will impact on any heritage resource or areas of
archaeological potential. The study shall demonstrate how the cultural heritage resource
will be conserved in context of the development and make recommendations on mitigative
or avoidance measures, including alternative development approaches.
"Hobby Farm" - A small scale, part time farm operation where the owner has non-farm
income exceeding that which would be derived from farm pursuits.
“Home Industry” means a use such as a small-scale business, office, studio or shop for
professionals, artisans, craftsmen and tradesmen which is subordinate to, and accessory
to, an agricultural operation or non-farm dwelling, which may be conducted within a
dwelling or in whole or in part of an accessory building, but does not include a public
garage auto body or public garage mechanical.
“Hydrologic function” - the function of the hydrologic cycle that include the occurrence,
circulation, distribution and chemical and physical properties of water on or below the
surface of the land, in the atmosphere, and in its interaction with the environment including
its relation to living things.
“Intensification” - The development of a property, site or area at a higher density than
currently exists through:
a.Redevelopment, including the reuse of brownfield sites;
b.The development of vacant and/or underutilized lots within previously
developed areas;
c.Infill developments; or
d.The expansion or conversion of existing buildings.
“Life Science area of natural and scientific interest” - areas of land and water identified by
the Ministry of Natural Resources as containing significant representative segments of
Ontario’s biodiversity and natural landscape including specific types of forests, valleys,
prairies and wetlands, their native plants and animals and their supporting environments.
“Mineral Resource Areas” - Areas containing high potential mineral aggregates capable of
supplying the potential aggregate needs of the Niagara Region. Aggregate gravel, sand,
clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, rock and other
metallic ores or other prescribed material.
"Navigable Watercourse" - A waterway which is capable of accommodating the movement
of boats for public and commercial use.
“Natural Heritage Corridor” - natural and open space linkages between natural heritage
features.
“Natural Heritage Feature” - means a feature or area that is an integral component of the
environmental function and natural landscape of an area. A feature not only has
environmental value but social value for the community as well. Natural heritage features
include wetlands, woodlands, fish habitat, wildlife habitat, areas of natural or scientific
interest, stream corridors and valleylands, and habitats of endangered, vulnerable or
threatened species.
“Negative Impact” - degradation that threatens the health and integrity of the natural
features or ecological functions of a natural heritage feature of area due to single, multiple
or successive development or site alteration activities. In terms of Earth Science Areas of
Natural and Scientific Interest, significant means degradation due to single, multiple or
successive development or site alteration that threatens the integrity of the geological
features, landforms or processes for which the ANSI was identified and their associated
educational and interpretive functions.
“Net Density” - The number of residential units on an individual parcel or block of land,
exclusive of lands for such uses as public roadways, public parks and school sites.
“100 Year Flood” - A flood, based on an analysis of precipitation, snow melt, ice jams or
combinations thereof, having a return period of 100 years on average, or having a 1 per
cent chance of occurring or being exceeded in any given year.
“Prime Agricultural Land” - lands that include where specialty crops are grown (such as,
but not limited to, tender fruit, grapes, vegetables, greenhouse crops) and/or Canada Land
Inventory Classes 1, 2, and 3 soils in this order of priority for protection.
“Progressive Rehabilitation” - Rehabilitation done sequentially, within a reasonable time,
in accordance with the Aggregate Resources Act, consequent regulations, the site plan
and the conditions of the licence or permit during the period that aggregate is being
excavated.
“Portable Asphalt Plants” - A non-permanent facility with equipment designed to heat and
dry aggregate and to mix aggregate with bituminous asphalt to produce asphalt paving
material and includes stockpiling and storage of bulk materials used in the process. The
facility is not of permanent construction and is designed to be dismantled and moved to
another location as required.
“Property” - for the purposes of Section 3.2 means real property and includes all buildings
and structures thereon, as defined in the Ontario Heritage Act.
“Regional Flood” - That regulatory flood derived from the "Hurricane Hazel" storm of
October 1954 and applicable to watercourses and tributaries of the Welland River,
Shriner's Creek, Ten Mile Creek, Beaverdams Creek and Tributary W -6-5 in Niagara Falls
and more particularly def ined within Fill, Construction and Alteration to W aterways
Regulation, Ontario Regulation 99/91, as amended.
“Residential Intensification” - The creation of new residential units or accommodation in
existing buildings or on previously developed and serviced land.
“Residential Unit” - A residential unit consists of a self-contained set of rooms within a
building or structure used or intended for residential use that includes both kitchen and
bathroom facilities that are intended for the use of the unit only.
“Riparian” - in terms of a river or watercourse means an area of streamside vegetation,
including the stream bank and adjoining floodplain, which is distinguishable from upland
areas in terms of vegetation, soils and topography.
“Service Industry” - An enterprise which supports industries which are primary producers
by providing services and products to such industries.
“Significant” means:
-in terms of wetlands, fish habitat, ANSIs and threatened, vulnerable or
endangered species, those areas identified by the Ministry of Natural
Resources as having provincial significance based on evaluation procedures
established by the province.
-in terms of woodlands: treed areas identified by the City, Region or the
province, as contributing to the health of the environment based on their
provision of wildlife habitat, species diversity, hydrological value and
identified significant species. Publically owned woodland are also
considered significant since they provide an excellent opportunity for the
protection of the wooded area and its natural function.
-in terms of valleylands: those natural areas in a valley or other landform
depression that contains flowing or standing water for some period of the
year identified as significant under the Provincial Policy Statement through
an approved environmental study.
“Significant Habitat of Threatened or Endangered Species” - the habitat, as approved by
the Ministry of Natural Resources, that is necessary for the maintenance, survival, and/or
the recovery of naturally occurring or reintroduced populations of species that are listed as
a threatened or endangered species on the Ministry of Natural Resources’ official species
at-risk list. The habitat includes those areas of occurrence that are occupied or habitually
occupied by the threatened or endangered species during all or any part of its life cycle.
“Significant Heritage Properties” - sites with cultural heritage value or interest that are
designated under the Ontario Heritage Act or otherwise listed on the City’s Heritage
Inventory.
“Significant W etland” - a wetland identified as provincially significant by the Ministry of
Natural Resources.
“Subwatershed” - an area that is drained by a tributary or some defined portion of a stream.
“Surface Water Features” - water-related features on the earth’s surface, including
headwaters, rivers, stream channels, inland lakes, seepage areas, recharge/discharge
areas, springs, wetlands, and associated riparian lands that can be defined by their soil
moisture or type, vegetation or topographic characteristics.
“Sustainable” - means development, use or design that meets the needs of the present
without compromising the ability of future generations to meet its needs.
“Top of Slope” - the point of the slope where the downward inclination of the land begins
or the upward inclination of the land levels off.
“Urban Area” - The area of the City so delineated on Schedule "A" of this Plan and
contained in the Regional Official Plan wherein urban development is to take place and
further which will promote a sense of community identity, encourage urban development
to be located south of the Niagara Escarpment and reduce urban pressure on agricultural
lands.
“Valleyland” - a natural area that occurs in a valley or other landform depression that has
water flowing through or standing for some period of the year.
“Vegetative buffer area” - a permanent setback established along the shoreline or
streambank which remains or is to be returned to a self sustaining vegetated state.
“W atershed” - an area that is drained by a river and it’s tributaries.
“W ayside Pits & Quarries” - A wayside pit or wayside quarry means a temporary pit or a
quarry opened and used by a public road authority or their contractor or agent, solely for
the purpose of a particular project or contract of road construction.
“W etlands” - areas that are seasonally or permanently covered by shallow water, or where
the water table is close to or at the surface resulting in the formation of hydric soils and
contains either hydrophytic plants or water tolerant plants, swamps, marshes, bogs and
fens.
Provincially Significant W etlands are those that meet the evaluation criteria of the Province
for significance. NPCA regulated wetlands are those that meet the evaluation criteria of
the Conservation Authorities Act.
“Wildlife Habitat” - areas where plants, animals and other organisms live and find adequate
amounts of food, water, shelter and space needed to sustain their populations.
“Wildlife Resource Areas” - High quality wildlife habitat that provides significant benefits to
the community in the form of recreational opportunities, including game and non-game
activities, income generated through hunting, trapping and wildlife viewing and
environmental and aesthetic amenities.
“Woodland” - a treed area that provides environmental and economic benefits to both the
private landowner and the general public through erosion prevention, hydrologic and
nutrient cycling, provision of clean air and long term storage of carbon, provision of wildlife
habitat, outdoor recreational opportunities and the sustainable harvest of woodland
products. It does not include a cultivated fruit or nut orchard or a plantation used for the
purpose of producing Christmas trees.
APPENDIX VI - FUTURE CULTURAL HERITAGE STUDY AREAS*
Stamford
Elgin
Clifton
Drummondville
Village of Chippawa
Lundy’s Lane Battlefield (municipally owned sites plus related publicly-owned
properties)
Lundy’s Lane/Ferry Street (from Beechwood Road to Victoria Avenue)
Portage Road (from Chippawa to the Hydro Reservoir)
First W elland Canal/Welland River (both sides of the river within the current municipal
boundary)
Power Canal
W illoughby Marsh/Ussher’s Creek
Niagara Parkway: Zimmerman Estate; Niagara Glen; Victoria Park/Oak Hall; Navy Island;
Chippawa Battlefield
*from the Niagara Falls Heritage Master Plan.
APPENDIX Vll-C DENSITY CALCULATION
Density Calculation
Number of UnitsDensityRange(uph)Area Employment Density 30 jobs/ha 58.34 ha 1 ,750 jobs on employment lands
Low 16 71 .24*1,140
2,137
Population-based employment 302 jobs
30 Total employment in Plan Area 2,052 jobsiMedium5031.57*1,579
2,36875
/High 75 1.31 98
164125 Total number of units
1.Using minimum densities =2,817
2.Using maximum densities =4,669*areas subject to change;to be based on adopted Schedule A-3
Target:53 people and jobs per hectare
Total Greenfield Gross Developable
Area =169.07 haAssumedemploymentdensity:30 jobs per hectare Housing Split assuming a low density target of 16 uph
Low density GDA =71.24 haTotalEmploymentGDA=58.34 ha1.Employment Calculation 16 uph x 71.24 ha =1 ,1 40 units
Total Residential GDA =104.12 ha Scenario 'A':medium and Scenario 'S':medium andEmploymentGrossDevelopableArea=58.34 ha _
30 jobs per hectare x 58.34 ha =1 ,750 jobs
Total employment =1,750 employment jobs +302 population-based jobs =2,052 jobs
high density lands
develop at their minimum
target densities _
high density lands
develop at their maximum
target densities _
2,817 units -1 ,140 units =
1 ,677 medium and high
density units
4,669 units-1,140 units =
3.529 medium and high
density units2.Residential calculation
1 ,677 units/32.9 ha =51.0
uph -minimum overall
density for medium/high
density housing.
3,529 units/32.9 ha =107.3
uph -maximum overall
density for medium/high
density housing.
Housing split =24%low
density;76%
medium/high density
53 people and jobs per hectare x 169.07 ha
=8,961 people and jobs
8,961 people and jobs -2,052 jobs =6,909 people
Assume an average household size of 2.57 people per unit.(Average of the household size
from Regional Policy Plan Amendment 2-2009 over the timeframe for the build-out of the
secondary plan.)
6,909 people/2.57 people per unit =2,688 units
2,688 units/1041 2 ha =25.8 uph -minimum overall target residential density._
Housing split =41%low
density;59%
medium/high density
APPENDIX VIII - Statistics/Demographics for Niagara Falls
Population – 82,997
Ages 0-14 – 12,920 (15.6%)
15-64 – 55,200 (66.5%)
65 and over – 14,875 (17.9%)
Median age – 43.3 years
Land Area – 209.71 sq km (20,958 ha)
Built-up Area – 6,039 ha
Greenfield Area – 2,003 ha
Good General Agriculture Area - 9,260 ha
Private Dwellings – 33,382
Single detached – 22,680 (67.9%)
Semi-detached – 1,900 (5.7%)
Row house – 1,825 (5.5%)
Duplex – 1,135 (3.4%)
Apartment (< 5 storeys) 4,415 (13.2%)
Apartment (> 5 storeys) 1,330 (4.0%)
Source: Statistics Canada. 2012. Focus On Geography Series, 2011 Census. Statistics Canada
Catalogue no. 98-310-XWE2011004. Ottawa, Ontario. Analytical products, 2011 Census. Last updated
October 24, 2012.
S:\OFFICIAL.PLN\APPENDIX VIII.docx
APPENDIX IX
PART 2 - LAND USE POLICIES
S ECTI O N 1 1 - E NVIRONMENTAL PROTECTI O N ARE AS
PREAMBLE
This Plan endeavours to protect and preserve important ecological and environmental
features within the City. Areas designated Environmental Protection are shown on
Schedule "A". The policies of this Section shall serve to protect environmentally-sensitive
areas and to prohibit development from occurring in areas susceptible to environmental
hazards.
Environmental Protection Areas are characterized by distinctive topography, high quality
plant and animal communities and unique fish, plant and wildlife habitats. Such areas
provide opportunities for scientific research, conservation and education. The diversity and
connectivity of these natural features contribute to the overall function and health of natural
areas and should be maintained, restored, or where possible, improved.
Other Environmental Protection Areas may exhibit environmentally-hazardous conditions
such as flood and erosion susceptibility, instability or any other physical condition which
may pose a risk to occupants, loss of life, property damage and social disruption.
POLICIES
a.The predominant uses of land designated Environmental Protection Area will
be for conservation, forestry, wildlife management and flood and erosion
control. These lands include Environmentally Significant Areas, Class 1, 2
and 3 W etlands excluding the Ramsay W oodlot and Areas of Natural and
Scientific Interest. Environmental Protection Areas also include Hazard
Lands, such as those lands susceptible to Regional Floods or 100 Year
Floods, lands containing organic soils and areas of steep slopes.
b.Ancillary uses which will not adversely affect Environmental Protection Areas
and which will not conflict with the policies of this Plan may also be
permitted. Such uses may include parking areas, interpretive centres,
conservation area shelters, essential utility structures and other related uses
which are compatible with Environmental Protection Areas.
c.In addition to those lands designated as Environmental Protection Areas, the
City shall encourage the preservation and protection of smaller watercourses
and wetland areas. Particular regard shall be given to the Ministry of Natural
Resources' guidelines requiring a minimum 15 metre setback from the edge
of watercourses or adjacent wetlands.
d.Development and site alteration within or adjacent to significant wetlands or
significant habitats of threatened or endangered species will not be
permitted. Development and site alteration within or adjacent to other natural
resources designated Environmental Protection Area will not normally be
permitted. However, where such development is proposed, an amendment
to the Official Plan and Zoning By-law will be considered as per the policies
of 3.3.4, Part 3. For the purposes of this policy “adjacent lands” shall be
defined as lands contiguous to the identified natural heritage feature to the
extent recommended by the Province or Region of Niagara, whichever is
greater. Nothing in this policy is intended to limit the ability of existing
agricultural uses to continue.
e.In considering development proposals Council will require the proponent to
prepare and circulate to relevant public agencies for review and comment,
certain studies if required to ascertain the effects which any development
may have on any Environmental Protection Area or any natural features and
their function and connectivity.
f.Any required studies shall be undertaken by a person or firm acceptable to
the City and with special knowledge of the environmental field. Any reports
documenting such studies, shall contain, but not be limited to, the following.
i.A statement as to the environmental quality, uniqueness and
character and potential habitat for fish and other wildlife of the
Environmental Protection Area in which the proposal is to
occur.
ii.A description of alternative methods of carrying out the
proposal.
iii.An evaluation of the advantages and disadvantages to the
environment of the proposal.
iv.The potential effects of the proposal on the Environmental
Protection Area and adjacent lands.
v.The proposed method by which any negative effect may be
mitigated including appropriate engineering techniques or
resource management practices.
g.Council will support and encourage the acquisition of Environmental
Protection Areas, such as unique wetlands, lands along major watercourses
such as the W elland River, Environmentally Significant Areas and natural
areas, by Federal, Provincial and other public agencies, as well as private
agencies.
h.The identification of lands designated Environmental Protection Areas in this
Plan does not imply a commitment to purchase such areas, nor is it implied
that such areas under private ownership are free and open to the public.
i.W hen new development or redevelopment is proposed on a site, of which a
part lies within Environmental Protection Areas, those lands will not be
acceptable as conveyance of park land as may be required by the City.
j.The City shall encourage the preservation of existing vegetation within the
defined floodways, as well as along watercourses for which there is no flood
plain mapping at a minimum distance of 15 metres from the water's edge or
as agreed to by the Ministry of Natural Resources.
k.Buildings or structures shall be prohibited within defined Regional Floodlines
or 100-Year Floodlines, except such buildings or structures as may be
approved by the Niagara Peninsula Conservation Authority under the Fill,
Construction and Alteration to W aterways Regulations.
l.The City supports 100-Year Floodline mapping for the watercourse of Bayers
Creek. The Regional Floodline has been generated for this watercourse and
until 100-Year Floodline mapping is completed and approved by the Niagara
Peninsula Conservation Authority, a landowner may generate the 100-Year
Floodline for regulatory purposes without an amendment to this Plan
provided the mapping meets with the approval of the Conservation Authority.
W here such changes occur, the appropriate abutting land use designation
shall apply and the Zoning By-law shall be amended accordingly. The
Regional Floodline shall apply to Beaverdams Creek, Shriner’s Creek, Ten
Mile Creek and Tributary W -6-5. The W elland River, which passes through
the City, is currently regulated under the 100-Year Floodline.
m.Lands abutting Environmental Protection Areas are to be developed in
accordance with the requirements of that particular land use designation.
However, development on such lands are not to create adverse effects on
any abutting Environmental Protection Areas. For development of lands
within 120 metres of a provincially significant wetland, an Environmental
Impact Study, as defined in the W etlands Provincial Policy Statement, will be
prepared by a proponent which demonstrates that a development will not
negatively impact the area or function(s) of the wetland.
n.The Niagara Peninsula Conservation Area regulates certain areas under
their Regulation of Development, Interference with Wetlands and Alterations
to Shorelines and W atercourses (Ontario Regulation 155/06). Any works
proposed within a Regulated Area should be reviewed by the Niagara
Peninsula Conservation Authority and are subject to the provisions of this
regulation. The Niagara Peninsula Conservation Authority particularly will
apply its review during the review of planning applications. Large
construction projects may be required to submit a “Fill Disposal Plan” to the
satisfaction of the Director of Municipal W orks where development will
require the disposal of excavation spoils or fill from construction sites.
o.W orks along, or adjacent to, the Niagara River for such things as shoreline
docks, shorewells, require approval from the Niagara Parks Commission
Activities and are monitored in conjunction with the Niagara Peninsula
Conservation Authority and/or the Ministry of Natural Resources.
p.A natural area known as the ‘Treed Moraine’ forms a backdrop to the
Horseshoe Falls and Queen Victoria Park between Clifton Hill and Burning
Springs Hill. It is a complex landscape which needs to be protected, properly
maintained and stabilized and is recognized as an important local, regional
and international landscape. This forested slope separates the urban,
commercial development at the top of the moraine and the natural area of
the Niagara Parks. Development in close proximity to the moraine should
have regard to the Moraine Management Plan (January 21, 2000) prepared
by the Niagara Parks Commission.
NATURAL RESOURCES
11.17 The City shall encourage and support the efforts of the Ministry of Natural
Resources, the Niagara Peninsula Conservation Authority and the Region of
Niagara to protect, maintain, rehabilitate or improve the quality of the natural
resources within the municipality in accordance with environmental and natural
resource management legislation. Natural resources include the categories of
Forest Resources, Fisheries Resources, W ildlife Resources, W ater Resources,
Mineral Resources and Areas of Natural and Scientific Interest.
11.18 Land owners shall be encouraged to consult with the Ministry of Natural Resources,
Niagara Peninsula Conservation Authority and the Region of Niagara prior to
commencing work of any kind on or adjacent to an area containing natural
resources in order to determine the means by which to minimize potential adverse
impacts.
11.19 Council will support and encourage the use of conservation agreements to maintain,
enhance or restore land or wildlife; to protect and manage water quality and
quantity, including drinking water sources; and the protection and management of
watersheds.
11.20 Prior to undertaking major public work projects on or adjacent to an area containing
natural resources, the City shall consult the Ministry of Natural Resources in order
to determine what design requirements or modifications may be necessary to
eliminate or minimize any potential adverse impacts.
11.21 Development within areas containing significant habitat of endangered or
threatened species and significant wetlands shall be prohibited. Development
within areas containing other natural resources shall generally be prohibited.
However, in considering development applications on or adjacent to such natural
resources, or on lands adjacent to significant habitat of endangered or threatened
species and significant wetlands, the City shall consult with the Ministry of Natural
Resources, the Niagara Peninsula Conservation Authority and the Region of
Niagara. These agencies shall be consulted in regard to the following matters.
11.21.1 The potential impact of the development proposal on the natural
resources of the area.
11.21.2 Proposed methods by which to eliminate, minimize and/or reduce
possible adverse impacts.
11.21.3 The feasibility of maximizing the benefits of the natural resource to the
community, such as by providing or maintaining public access.
11.21.4 Determining alternative locations for the proposal.
11.21.5 The need for additional studies, including environmental special
engineering designs and development controls, to ensure that the
proposed development does not have a negative impact on the
natural resources of the area or their ecological function. These
studies shall be prepared by a qualified environmental specialist and
should identify and assess all possible environmental impacts, detail
proposed measures to protect the natural resources, and discuss the
advantages and disadvantages of the development and its need in
the natural resource location.
11.21.6 Compliance with all other policies in this Plan.
11.22 The City supports the natural heritage system approach which recognizes the
importance of individual areas and features as well as the ties between them to the
overall health of the natural environment. Linkages and natural corridors that
connect the individual features can include valleylands, creeks, hedgerows, and
service corridors. New development should not interfere with the function of these
linkages and corridors and all efforts should be made through design for the
enhancement or rehabilitation of natural resource connections.
11.23 The values and benefits of forest resources should be incorporated positively into
the design of any development proposal occurring within the urban boundary. In
such resource areas, development is to be designed in a sensitive manner and
having regard to the following.
11.23.1 The retention and protection, to the greatest extent possible, of the
existing tree cover, recognizing its environmental and aesthetic
importance. A tree study may be required as a condition of
development approval.
11.23.2 Ensuring efficient harvesting and use of trees that must be removed
to accommodate the placement of buildings, structures and roads.
11.23.3 The incorporation of land with existing tree cover into the urban area
park system, if appropriate.
11.23.4 The maintenance and possible enhancement of tree cover along
watercourses and on steep slopes, in order to reduce soil erosion and
improve water quality.
11.23.5 Permitting the continued management and selective harvesting of
forest resources, where appropriate.
11.24 The stewardship of urban woodlots and forested areas shall be promoted. W here
such lands are under private ownership and are contemplated for development, the
preservation and maintenance of natural environment conditions will be encouraged
to the fullest extent possible. W here deemed appropriate, the City will consider
such measures as bonusing, land purchase, transfer of development rights or land
exchanges to safeguard important natural areas.
11.25 The City supports the protection of woodlands greater than 0.2 hectares in size and
individual trees or small stands of trees on private lands that are deemed by Council
to be of significance to the City because of species, quality, age or cultural
association from injury and destruction through such means as the Region’s Tree
and Forest Conservation By-law or any similar municipal by-law.
11.26 Land owners in Good General Agricultural areas as well as Niagara Escarpment
Area shall be encouraged to recognize the forest resource as both a source of
income from various forest products and as an important element in providing
essential soil and water conservation benefits. In this respect, land owners shall be
encouraged to carry out the following.
11.26.1 Employ proper forest management practices in consultation with the
Ministry of Natural Resources and within the Niagara Escarpment
Plan Area in accordance with Ontario Regulation 685/80 as amended.
11.26.2 Retain existing tree cover wherever possible.
11.26.3 Discourage the grazing of livestock within woodlots.
11.26.4 Provide for the reforestation of non-productive or abandoned
farmland.
11.26.5 Apply for tax reduction programs and other benefits associated with
the protection and management of woodlots.
11.26.6 Maintain or establish tree and shrub cover on low agriculture
capability soils and in hazardous areas such as steep slopes and
flood prone areas, in order to reduce water runoff and minimize soil
erosion.
11.27 The City recognizes the importance of ensuring the availability of an adequate
supply of mineral aggregate for future use. Potential mineral resources, as
identified in the Regional Niagara Policy Plan and the Ministry of Natural Resources
Niagara District Land Use Guidelines, shall be protected by restricting land uses in
these areas to those which do not preclude the option of future aggregate
extraction.
11.28 The management of fisheries and wildlife resources shall be promoted in a manner
that protects habitat and sustains species populations. In this regard, such
resources shall be protected, maintained and improved by the appropriate agencies,
groups and/or individuals and potential negative impacts from development and
surrounding land uses shall be minimized. Any development affecting fisheries
resources or site alteration affecting fisheries resource will not be permitted except
in accordance with the Federal Fisheries Act as regulated by the Department of
Fisheries and Oceans.
11.29 The City shall work with various provincial agencies and other groups in the
protection of identified areas of natural and scientific interest. The educational,
interpretive and recreational values of these resources shall be preserved by
limiting development and surrounding land uses to those of a compatible nature.
11.30 The City shall prohibit the removal of topsoil as regulated by the City's Fill, Topsoil
Removal or Site Alteration By-law and consider the approval of additional regulatory
measures, as specified under the Topsoil Preservation Act.
11.31 The City shall promote the utilization of water conservation measures in an effort to
reduce water consumption. The City will further investigate the use of water meters
as a method of encouraging reduced water usage.
11.32 Any works adjacent to or within a waterway will require prior written authorization
from the Niagara Peninsula Conservation Authority or the Ministry of Natural
Resources.
11.33 A permit from the Niagara Peninsula Conservation Authority may be required for
any works within areas regulated by the Conservation Authority’s Regulation of
Development, Interference with W etlands and Alterations to Shorelines and
W atercourses (Ontario Regulation 155/06).
11.34 The City shall consult with the Ministry of Natural Resources, the Niagara Peninsula
Conservation Authority, the Niagara Region and the Niagara Parks Commission for
any development proposal along the Niagara River that may have an adverse
impact on the watercourse.
11.35 The City shall promote the function of valleylands or stream corridors as natural
resource linkages and encourages the protection, naturalization and, wherever
possible, the rehabilitation of valleylands or stream corridors in accordance with the
Niagara Peninsula Conservation Authority’s Regulation of Development,
Interference with W etlands and Alterations to Shorelines and Watercourses
(Ontario Regulation 155/06).
11.36 Development along all valleylands and stream corridors, regardless of their
designation in this plan, will be subject to a minimum setback of 7.5 metres from the
top of slope or up to 30 metres for Type 1 fish habitat, whichever is greater, for all
buildings or structures in accordance with the Niagara Peninsula Conservation
Authority’s Regulation of Development, Interference with Wetlands and Alterations
to Shorelines and W atercourses (Ontario Regulation 155/06).
11.37 W here, as a result of a planning application, new Floodline, valleyland, or stream
corridor mapping has been generated to the approval of the Niagara Peninsula
Conservation Authority, amendments to this Plan may not be required. However,
where the planning application involves a site specific Zoning By-law amendment,
the City’s Zoning By-law will be amended accordingly.
11.38 Any development adjacent to natural valleys as identified on the Niagara Peninsula
Conservation Authority’s regulation mapping must obtain approval from the Niagara
Peninsula Conservation Authority. This should occur during the review of planning
applications. The City’s Zoning By-law may recognize all valleylands and stream
corridors through an appropriate zoning which incorporates minimum structural
setbacks in accordance with the Niagara Peninsula Conservation Authority’s
Regulation of Development, Interference with W etlands and Alterations to
Shorelines and W atercourses (Ontario Regulation 155/06).