Duffins Creek State of the Watershed Report Land Use and Policy Frameworks June 2002

Other topics in this series for both the Duffins Creek and the Carrthers Creek include::

• Introduction • Study Area • Human Heritage • Greenspace, Trails and Recreation • Air Quality • Climate • Surface Water Quality • Surface Water Quantity • Stormwater Management • Fluvial Geomorphology • Hydrogeology • Aquatic Habitat and Species • Terrestrial Natural Heritage

This document is intended to be shared for non-commercial use.

We are promoting the electronic use of this document, to minimize the consumption of paper resources.

Toronto and Region Conservation, 5 Shoreham Drive, Downsview, Ontario M3N 1S4 Telephone: (416) 661-6600 • Fax: (416) 661-6898 • www.trca.on.ca Table of Content Introduction to Land Use and Policy Framework ...... 2

Land Use Planning in Ontario ...... 3 Federal Government ...... 3 Provincial Government ...... 3 Oak Ridges Moraine ...... 6 Regional Municipalities ...... 6 Local or Area Municipalities ...... 6 Municipal Planning Process ...... 8 Watershed Planning ...... 8

Current Regional Planning Framework ...... 9 Regional Municipality of Durham ...... 9 Regional Municipality of York ...... 10

Current Land Ownership ...... 11 Federal Lands ...... 11 Provincial Lands ...... 12 Ontario Realty Corporation Lands ...... 12

Land Use ...... 13 Physiography and Past Land Use ...... 13 Current Land Use ...... 13

Proposed/Future Development ...... 16 Anticipated Growth ...... 16 Transportation ...... 17 Pressure on Resource Use ...... 17 Tri-Region Strategy, Provinial ORM Process ...... 17

Conclusion: A Comprehensive Watershed Strategy ...... 21

Acknowledgments ...... 22

References ...... 23 Figures and Tables Table 1: Special Municipal By-Laws ...... 7 Table 2: Municipal Population Projections ...... 16

Figure 1: Tools Involved in the Planning Process in Ontario ...... 4 Figure 2: Future Land Uses in the Duffins Creek Watershed as Designated in Municipal Offical Plans ...... 18 Figure 3: Future Land Uses on the Oak Ridges Moraine as Designated in the Province of Ontario’s Oak Ridges Moraine Plan ...... 19

1 Introduction to Land Use and Policy Framework Watershed planning has been recognized by all levels of government as an “effective means of evaluating and developing water-related resource management strategies and practices” (MOEE, 1993). The development of watershed management strategies provides context and recommendations for natural systems protection, restoration, environmental education, recreation, and cultural and heritage planning activities. Yet a large part of implementing watershed management plans and strategies depends on how well the vision and goals can be reflected in the existing land use planning process. To do this, adequate linkages must be established between the direction provided by watershed strategies and the development of land use planning policies and practices. For this reason, it is important to understand what land use patterns exist in the Duffins Creek watershed and how current land use planning policies and practices can be expected to affect the conditions in the watershed. This chapter briefly describes the land use planning process and the tools available to effect change in the watershed. It also describes the general land use conditions predominantly found in the Duffins Creek watershed and the expected changes in land use.

2 Land Use Federal Government The federal role in municipal land use planning Planning in is generally indirect, however, as the highest level of government in Canada, federal legislation supercedes all other levels of government. Ontario Additionally, the federal government is not bound In the Province of Ontario, the federal, provincial by the policies in provincial and municipal plans. and municipal governments are all involved in At the federal level, ownership of land and control land use planning. The federal government of transportation and telecommunications may generally has limited involvement with municipal have the greatest impact on municipal land use land use planning, their main role being the highest planning, for example, within the Duffins Creek level of government and having legislative watershed, the Pickering Airport Lands are authority. The Province’s direction for land use under federal jurisdiction. Furthermore, federal planning is expressed in the Planning Act and in legislation may impact land use planning the “Provincial Policy Statements.” Under the decisions, such as development proposals involving Planning Act, the Province sets out a land use fish habitat that will have to satisfy regulations planning process providing a distinct framework under the Fisheries Act. for the development of environmental, social and economic goals and objectives for municipalities. Provincial Government The key planning documents in the municipal land use planning process are the official plan, The provincial role in land use planning is zoning and special by-laws, plans of subdivision, governed indirectly through various pieces of site plans and associated studies and agreements provincial legislation, and directly through the (Figure 1). Through the planning process, Planning Act, the establishment of municipal unresolved issues can be appealed to the Ontario governments, ownership of land, and control Municipal Board (OMB) or Divisional Courts. over utility corridors and public highways. The Planning Act is the primary piece of legislation The public can become involved in many aspects governing land use planning in Ontario. The of the planning process in Ontario. When the Planning Act sets out the policies by which a Province is revising policies (such as the municipality must implement land use planning Provincial Policy Statement Review in 2001) or decisions. The Provincial Policy Statement (PPS) introducing new planning policies (such as the articulates provincial policies set out under the Oak Ridges Moraine Conservation Plan), the Planning Act which impact land use planning. public is often asked to give input, so that public The Oak Ridges Moraine Conservation Act, 2001 opinion can be taken into account. Likewise, at outlines policies for land use planning specific to the regional and local level, municipalities often the Oak Ridges Moraine Planning Area, which ask for public input on major policy initiatives, the Planning Act shall conform to. In Ontario, like official plan reviews. Public meetings may numerous other legislation address environmental also be held during the approvals process for considerations (including the Environmental planning applications; this gives the public an Assessment Act, Lakes and Rivers Improvement Act, opportunity to review planning proposals and Conservation Authorities Act, Drainage Act, Public provide comments. Lands Act, Aggregate Resources Act, and Environmental Protection Act) and may be applicable for specific land use planning situations.

The Provincial Policy Statement provides policy direction for land use planning and development 3 Official Plan The official Plan is one of a series of policies, guidelines and regulations that direct the actions of a municipality and shapes growth and development. The central activity in the land use planning is the development of an official plan to guide future development. The plan is prepared by municipal planning staff through consultation with citizens and other public agencies, and then approved by the local council, planning board or municipal planning authority. Once an official plan is in effect, it guides all of the municipality's planning decisions ranging from when and how the community will grow, to the location of new housing, industry, offices and shops, and the provision of services like roads, watermains, sewers, parks and schools. An approved official plan must be reviewed every five years to determine whether the plan needs to be changed in accordance with the provisions of the Planning Act. Official Plan amendment applications may be initiated by the municipality to accommodate recent changes in the community or at the request of a property owner. Official Plans can also include policies setting out what types of consultation is required with residents or agencies for different types of planning applications.

In the Duffins Creek watershed (as with most of southern Ontario), official plans are developed by both the upper tier municipalities (county or regional Municipality) and lower tier (or local) municipalities. The upper tier official plan establishes a regional framework for growth and development. The regional plan allows for the coordination and management of resources on a broader scale while outlining provincial interests and allocating resources among member municipalities. Lower tier official plans must conform to the broad strategic framework of the regional plan, these local plans are able to address community needs at a more detailed level.

Official Plan policies can specify when specific studies are required in the case where there may be potential for harm to the natural environment. These studies are often circulated to relevant public and provate agencies for review and comment.

Zoning By-law A zoning by-law implements the objectives and policies of an official plan by specifying land use zones and standards that are legally enforceable. Within each zone, the by-law states the permitted uses (e.g. residential or commercial) and the required performance standards (e.g. building heights, coverage and setbacks). A development proposal must comply with the zoning by-law and other regulatory requirements before it can obtain a municipal building permit.

Special By-law A number of specialized by-laws may be used to control land use under unique and often temporary circumstances (e.g. holding by-laws, interim control by-laws, temporary use by-laws and increased height and density by-laws). There are also regulatory by-laws that deal with the protection and management of specific natural heritage features and resources in the community (e.g. tree by-laws, ravine by-laws, topsoil preservation by-laws, sediment and erosion control by- laws, fill and grading by-laws, etc.).

Figure 1 Tools Involved in the Planning Process in Ontario. Continues on page 5. 4 Land Severance and Plan of Subdivision A subdivision refers to a piece of land divided (land severance) into two or more parcels for the purpose of selling each distinct parcel as an individual lot. To subdivide land, approval of a plan of subdivision is required from the Minister of Municipal Affairs and Housing or a municipality that has been delegated approval powers. The plan of subdivision is a legal document that shows the surveyed boundaries and dimensions of lots to be developed, the location and dimensions of streets, and sites for future schools, parks, and other amenities. A proposed subdivision must conform to the official plan and local zoning by-laws of the regional and local municipalities, as well as applicable federal and provincial legislation. Municipalities can also set conditions on development to ensure significant environmental features are protected.

Site Plan If a property is covered by a local site plan control by-law, a site plan must be submitted to the municipality for review and approval before any building permits can be issued. A municipality will establish areas where site plan control will be applied to complement and refine local zoning. Site plan control enables planners to ensure adequate provision on the property (e.g. access, drainage, landscaping, etc.) and to ensure the quality and appearance of new developments.

Note: Any of the above mentioned planning tools can be appealed by landowners and concerned agencies to the Ontario Municipal Board where technical evidence and policies are reviewed by the Board members. The Ontario Municipal Board is the final authority on planning matters in Ontario.

Figure 1: Continued from Page 4 Tools Involved in the Planning Process in Ontario. on matters of provincial interest. Section 3 of the Key provincial interests under natural heritage Planning Act requires that land use planning policies included designated Areas of Natural decisions “shall have regard to” policy statements and Scientific Interest (ANSI) and Provincially issued under the Act. The Provincial Policy Significant Wetlands (PSW). ANSIs are areas Statement also recognizes the need for planning identified by the Ontario Ministry of Natural decisions to integrate environmental, social and Resources that have significant natural heritage, economic factors. A healthy economy and scientific study or educational values requiring managed growth of communities, wise use and protection. There are two types of ANSIs, Life protection of resources, and the long term health Science (for the protection of provincially or and safety of Ontario’s population are the key regionally significant ecological features) and components of the Provincial Policy Statement. Earth Science (for the protection of significant Three main policy areas cover these key geological features). Provincially Significant components: 1) Efficient, Cost-effective Wetlands are wetlands that have been evaluated Development and Land Use Patterns (including by the Ontario Ministry of Natural Resources developing strong communities, housing, and and protected for their biological, hydrological, infrastructure); 2) Resources (including social and/or special features. agriculture, mineral resources, natural heritage, water quality and quantity, and cultural heritage and archaeological resources); and 3) Public Health and Safety (including natural hazards, and human-made hazards). 5 Oak Ridges Moraine uses. The land use designations are Natural Core Area, Natural Linkage Area, Countryside Area, The Oak Ridges Moraine (ORM) is an ecologically and Settlement Area. The Natural Core Area and hydrologically sensitive landform that stretches (covers 38 per cent of the ORM), and the as a ridge of hilly terrain for 160 kilometres north Natural Linkage Area (covers 24 per cent of the of the Greater Toronto Area. In 1991, the Province ORM) permit little new land uses, allowing uses recognized the importance of the Moraine such as conservation, agriculture, and low- through an expression of provincial interest and intensity recreation. The Countryside designation the release of a set of Interim Implementation (30 per cent of the Moraine) allows for all uses Guidelines. Although these guidelines were permitted in the Natural Core and Linkage Areas, reflected in local Official Plans and applied to as well as allowing for more intensive agricultural development applications, the provincial position uses. The remaining 8 per cent of the Oak on the ORM was never clarified nor mentioned Ridges Moraine is designated as Settlement in the 1997 Provincial Policy Statement. Given Areas, restricting urban uses to within existing the ongoing pressure for development on the settlement boundaries. Moraine, a Tri-Regional Initiative (consisting of Peel, York and Durham) published a paper in Regional Municipalities 1999 recommending that the regions discuss with the province the establishment of a long The provincial government established regional term strategy for the ORM. municipalities as upper-tier municipal corporations. Regional municipalities generally set out a In response to the regional initiative, local interest regional level of strategic land use policies to groups (e.g., Save The Oak Ridges Moraine, Save guide economic, environmental and community- the Rouge), and growing public concern, on building decisions of a larger context. This allows May 17, 2001 the provincial government announced for the implementation of planning and servicing a six-month moratorium on development on the initiatives on a regional scale, based on directions Oak Ridges Moraine to establish a strategy for given in the Provincial Policy Statement. Regional the protection of the moraine. The province formed municipalities are the approval authority for an advisory panel of selected stakeholders to some types of planning approvals for lower tier recommend to the Minister of Municipal Affairs municipalities. Accordingly, local municipal official and Housing a plan for protecting the ORM. The plans must conform to regional official plans. panel produced their recommendations in a booklet Regional official plans set the stage for the more titled Share Your Vision for the Oak Ridges Moraine. detailed land use policies found in local In November 2001, the province introduced the municipal official plans. Regional municipal Oak Ridges Moraine Conservation Act along with the Official Plans referenced in this chapter are the (draft) Oak Ridges Moraine Conservation Plan to Regional Municipality of Durham (1993, Office ensure the strongest possible protection for the Consolidation 2001), and the Regional Oak Ridges Moraine. Municipalities in the Oak Municipality of York (1999). Ridges Moraine planning area will now be updating official plans to conform to the Oak Ridges Moraine Local or Area Municipalities Conservation Act, which will guide land use planning on the moraine. The ORM Conservation Local municipal official plans contain policies for Plan provides a clear vision, goals and objectives the specified area relating to land use planning and for the ORM, ensuring consistent land use planning development control. The Official Plan examines and decision-making on a bio-regional scale. growth management within the municipality while having regard for the larger context. Many The ORM Conservation Plan provides for four municipal Official Plans include Secondary Plans land use designations with identified permitted or Neighbourhood Plans, which are detailed policy 6 Table 1: Special Municipal By-Laws

TYPE OF SPECIAL MUNICIPAL BY-LAW MUNICIPALITIES THAT HAVE ENACTED THE BY-LAW

Tree By-laws - To protect or conserve trees and/or woodlots in a municipality Regional Municipality of York by restricting and regulating the injuring or destruction of Regional Municipality of Durham trees by cutting, burning or other means. Town of Ajax

Topsoil Preservation By-laws - To protect and conserve topsoil by regulating the removal Township of Uxbridge of topsoil and provide for the rehabilitation of lands where City of Pickering * topsoil removal is permissible.

Erosion & Sediment Control By-law - Similar to the above, though emphasis is placed on controlling Town of Ajax detrimental effects by employing suitable methods of erosion City of Pickering * and sediment control.

Peat Removal By-law - To ensure that the removal or disturbance of peat is done in Township of Uxbridge accordance with proper engineering or environmental practice and that it will not result in detrimental effects concerning erosion, safety, noise, dust and the environment.

Fill By-law - To discourage the dumping of unwanted substances, to avoid Town of Whitchurch-Stouffville interference with drainage patterns, and/or to provide an City of Pickering * additional tool to protect the environment and natural topography by prohibiting or regulating the placing or dumping of fill.

* The City of Pickering will be enacting Special Municipal By-laws early in 2002. documents governing specific areas within a management for a number of reasons: 1) they municipality. Municipal official plans also identify prohibit and regulate activities that might have in detail, natural areas, such as valley and stream a detrimental effect on natural resources; 2) they corridors, and set policies for the protection of increase public awareness and education; 3) they significant natural features from development. impose legally enforceable standards by which to Zoning by-laws implement official plan policies manage natural resources; and 4) they provide a and are used to establish land use permissions localized base from which to address specific and restrictions and development standards. Local environmental and/or risk management issues. and regional municipalities may also implement Local municipal Official Plans referenced in this special municipal by-laws, such as interim control chapter include the Town of Ajax (2000), City of by-laws or tree by-laws to address land use under Pickering (2000), Town of Uxbridge (1995), unique conditions or local environmental concerns Town of Markham (1999), and the Town of (Table 1). Such by-laws are important to watershed Whitchurch-Stouffville (2001 - under appeal). 7 Municipal Planning Process recently completed or are currently undergoing a review of their Official Plans. Every five years, Municipalities are able to direct land use municipal governments in Ontario are required planning to minimize the impact of development to hold a public meeting to consider whether a and improve the natural heritage system through review of Official Plan policies is needed; a policies in their official plans. As a commenting review is intended to guide future growth over agency under the Planning Act, the Toronto and time. During this process, amendments made Region Conservation Authority (TRCA) provides since the last approval of the Official Plan are technical comments on official plans as they pertain incorporated and opportunities for the public to to the TRCA’s Valley and Stream Corridor identify issues and suggest changes are provided. Management Program. The goal of this program Some area municipalities also develop Secondary is to identify valley and stream corridors, and Plans help to guide growth on a more localized then protect these corridors under appropriate basis. Secondary Plans enable a municipality to designations, such as open space. The TRCA will plan and coordinate land use, transportation and also comment on the types of land uses that will servicing for specific communities within their be allowed in valley and stream corridors. jurisdiction. The more detailed Secondary Plans are implemented through Official Plan Applications for development are generally amendments and are also included in Official submitted to either the regional or area Plans. Since most Official Plans and Secondary municipalities for approval. Official plan policies Plans now address environmental concerns, these often detail what types of environmental and other two processes provide an ideal opportunity for studies may be required to support an application, watershed strategy recommendations to be such as an Environmental Impact Statement, incorporated into municipal policies and stormwater management or hydrogeological studies, regulations. Municipalities currently undergoing etc., and what agencies should be circulated with an Official Plan review include the Regions of the studies and application. Conservation York and Durham. The City of Pickering, Town Authorities, including the TRCA, review the of Ajax, and Town of Markham have all various applications and their associated studies completed recent revisions to their Official Plans. to ensure that certain interests are adequately The Town of Whitchurch-Stouffville, which had addressed and then provide their comments and already prepared a Community of Stouffville conditions to the approval authority. Some of Secondary Plan, is now undertaking a rural area these concerns include hazard issues such as slope Official Plan review that will cover rural policies, stability, erosion of valley systems and flooding greenlands and open space issues. and environmental protection issues such as fish and fish habitat, environmentally sensitive areas Watershed Planning and wetlands. Development proposals may be subject to conditions of approval or agreements Watershed planning applies the ecosystem suggested by the various commenting agencies in approach to land use planning within the order for the municipality to approve a boundaries of a watershed. This approach to development proposal. These conditions may planning for land use and resources is appropriate require further studies, continued monitoring or for many reasons: water continuously moves changes to the proposed development to ensure through watersheds and influences biotic and that any environmental impacts are mitigated, abiotic features; change in one section of the and in some cases, that a net environmental watershed may impact other areas of the benefit is realized. watershed; and the movement of water does not stop at political boundaries. Watershed planning Several regional and area municipalities with involves the identification of natural features and lands in the Duffins Creek watershed have functions, the assessment of interactions of 8 natural processes within broader boundaries, and Although present land use within the Duffins the interactions between those natural processes Creek watershed is mainly rural, the Durham and man-made social and economic demands. A Region Official Plan designates approximately watershed plan usually contains targets, goals and 27 per cent of the land as urban areas. Urban objectives for the protection of natural system areas have been designated as the primary areas core areas, linkages and functions, water resource for future growth, and are generally comprised management, enhancement or rehabilitation of of residential, commercial/office and industrial natural features, determination of areas suitable for uses. The Seaton Community, provincially owned development, establishment of Best Management lands set aside for future urban development, is Practices (BMP) for subdivision design, and recognized in the Durham Region Official Plan management practices for open space areas and as part of the larger Pickering/Ajax urban area. green space corridors. Watershed plans may also outline directions for stormwater management Rural settlement areas consist of hamlets, plans (or other detailed plans) for specific areas country residential subdivisions, residential clusters within a watershed. Additionally, watershed and rural employment areas. The Plan provides plans can promote the environmental benefits of policies for this type of development. A number limiting urban sprawl by focusing development of hamlets (e.g., Glasgow, Claremont and in specific areas of the watershed. Planning Greenwood) and country residential subdivisions recommendations contained in watershed plans are located within the Duffins Creek watershed. should be incorporated into municipal official plans through an official plan amendment. In the Durham Region Official Plan, large areas within the Duffins Creek watershed are designated Permanent Agricultural Reserve. Agriculture and farm-related uses dominate Current Regional these areas. This designation protects large Planning tracks of land for food production. A major Open Space System in Durham Region Framework has been established to provide a continuous system of open space throughout the region, protecting Regional Municipality of environmental areas such as watercourses. In Durham Durham Region, the main natural features located in the Duffins Creek watershed are the The Durham Region Official Plan (DROP, 1993) Oak Ridges Moraine, environmentally sensitive provides a framework for growth and development areas (ESA), valley systems, and the Lake Ontario within Durham Region. Land use structure within waterfront. Permitted uses in the major open the Regional Official Plan consist of the following space designation include agriculture and main areas: Urban Areas, Rural Settlement recreation. Golf courses are permitted through Areas, Agricultural Areas, and an Open Space an Official Plan Amendment subject to certain System. Also included in the Regional structure criteria. The open space system provides north- are Regional Nodes, a Transportation System south linkages from the ORM to Lake Ontario, and Resource Extraction Areas. Durham Region as well as east-west linkages. is currently undergoing its first comprehensive Official Plan review since 1991. This review is Significant forests and woodlots are identified as focusing on six policy areas: population and part of Durham Region’s environment and open employment growth, urban land requirements, space system and are present throughout the commercial structure, environment/open space, Duffins Creek watershed, mainly in the headwaters rural/agriculture, and transportation. and the middle reaches of the watershed. It is the 9 intent of the regional official plan to direct new that smaller, individual applications are consistent settlement areas or intensive land use changes with the region/town/city’s overall servicing away from these features and to work with area strategies. For example, long-term improvements, municipalities, Conservation Authorities and expansions and additions to water supply and other agencies to manage the forests and sanitary sewage systems must meet the area’s woodlots. For the most part, woodlands in the population and employment targets. In turn, Duffins Creek watershed are managed for multi- councils may limit the type and intensity of use purposes. This means that various activities, proposed development if the provision of such as conservation, passive recreation, and municipal services and utilities would result in reasonable levels of wood production, may occur undue financial and/or environmental hardship. in the same woodlot. Regional Nodes have been designated in Durham Region to accommodate Durham Region supports a servicing plan which major activities which attract people to the region. gives priority to the provision of municipal Regional Nodes within the Duffins Creek services within urban areas and for developments watershed include the Metro East Trade Centre that support a compact form of development; and a future Durham College Campus in Seaton. the design and construction of municipal services will be provided in a cost- efficient manner; and Few aggregate extraction sites exist within this negative impacts on the natural, built and watershed. However, a large area within the Oak cultural environments will be minimized. Ridges Moraine is shown as having high potential for aggregate resources and is protected for long Regional Municipality of York term possible use. However, the Durham Region Official Plan will have to conform to the aggregate The York Region Official Plan (1999) outlines the extraction policies in the Oak Ridges Moraine regional structure and growth management for Conservation Act. The Conservation Plan states the area, to help guide economic, environmental that no new aggregate extraction or expansion to and community-building decisions. The plan existing operations may occur in Natural Core identifies and protects greenlands; establishes Areas, and extraction operations in Natural urban boundaries within which most of the Linkage Areas must maintain a 1.25 kilometre projected population and employment growth corridor width. Additionally, aggregate extraction will occur; establishes a system of centres and may be permitted in portions of Significant corridors that provides focus for residential and Natural Heritage Features containing young commercial development; ensures protection of plantations and early successional habitat in agriculture, rural and resource areas; and Natural Linkage Areas and Countryside Areas. proposes a network of transportation and public works to service anticipated development. The Durham Region Official Plan supports a transportation network that promotes efficient Except for the Town of Whitchurch-Stouffville, movement of people, goods and services, while the lands in York Region that are located in the balancing the need between the private automobile Duffins Creek watershed are designated as and alternative modes of transportation (e.g., Agriculture Policy Areas. These areas are public transit, cycling, walking, etc.). The comprised primarily of lands designated Class 1 Transportation System consists mainly of public to 4 under the Canada Land Inventory Soil transit, a road system and the proposed airport Classification. Agriculture is the primary land in Pickering. use on these lands.

The regional and local municipalities require In the Duffins Creek watershed, the York Region servicing plans to be prepared and approved for Greenlands System consists of stream and valley all major developments. These plans help ensure corridors. One wetland, surrounded by an 10 environmental policy area, and small areas of significant forests are also located in this portion Current Land of the Duffins Creek watershed. Environmental Policy Areas (EPA) may include Environmentally Ownership Significant Areas (ESA), Life Science Areas of Natural and Scientific Interest (ANSI, as defined Federal Lands in a previous section), and habitats of vulnerable, threatened or endangered species. ESAs are The federal government controls approximately defined as land or water areas that contain 7,500 hectares of land in the Duffins Creek distinctive or unusual features, perform a key watershed, which is approximately 24 per cent of ecological function and/or provide habitat for the entire watershed. These lands are located in significant plant and/or animal species. In York the City of Pickering and the Towns of Markham Region, the portion of the Duffins Creek and Uxbridge, north of Highway 7 in the Duffins watershed north of Elgin Mills Road is located on Creek watershed. These lands were expropriated the Oak Ridges Moraine. New settlement areas by the federal government in the early 1970s with or intensive land use changes are to be directed the intention of building a new international airport away from these natural features. within the Greater Toronto Area. A potential airport site in Pickering was chosen, though studies The York Region Official Plan recognizes the indicated that demand for another international links between the transportation system and the airport would not be required until at least 2012 urban environment. The Region supports a to 2025 and that it may be more feasible in the transportation system that will help reduce future to establish this site as a regional airport. overall trip length required for work, shopping, In 1975, construction of the new airport was school, etc., while encouraging public transit, discontinued in response to a withdrawal of off- walking and cycling. The transportation system site essential services, such as roads, water and consists mainly of a network of roads, public sewer services to the site. While such plans have transit, and regional airports. been put on hold, federal ownership of these lands has been maintained ever since. Lands adjacent Within York Region, urban areas are serviced by to the Pickering Airport Lands have been under lake water, while water supply in rural areas a provincial Minister’s Order since 1972. This order comes from municipal wells or private wells. The (Regulation 104/72) takes precedence over other area of York Region that falls in the Duffins provincial and municipal acts and regulations, and Creek watershed is rural and therefore uses prevents subdivision of land or changes in land groundwater for water supply. Most wastewater use from the current rural and agricultural uses. in the Region of York is collected in a large trunk sewer system that is part of the York-Durham At the request of the Greater Toronto Airports Sewage System, and is then treated at the Authority, and the Regions of York and Durham, Duffins Creek Water Pollution Control Plant in the Federal Minister of Transport established a Pickering, before being discharged to Lake number of initiatives to protect these lands for Ontario. A long term water supply and sewage use as a possible future airport. For instance, treatment strategy will be prepared by York current land uses are limited to agricultural and Region to assess the future needs of servicing in supporting services, as well as conservation, relation to expanding urban areas. This plan will restoration and passive recreational uses. The examine such areas as the existing infrastructure, Regional and Area Municipal Official Plans a needs analysis based on 40-50 years, alternative support these land use restrictions. However, the plans, and a feasibility and cost analysis. regional and local policies also state that their councils either do not support the establishment of a full international airport (as is the case in 11 Pickering) or that the federal government is and Durham Region began to proceed with a encouraged to consult further with the detailed community planning exercise for the municipalities should a decision to construct an Seaton lands. Pickering Council supported airport be made in the future. It should be noted policies for population and employment targets that in the land use planning process, federal over a 25-year planning horizon. The targets policies will always take precedence over provincial include planning for a community with a policies, which in turn take precedence over population of 45,000 residents and employment municipal policies. An announcement by the uses for 22,500 also by 2021. These targets have federal government on March 23, 2001 indicated been reflected in both the Durham Region that any future airport on the Pickering Lands Official Plan and the Pickering Official Plan. Site will be a regional reliever airport and not the Pickering also has favoured limiting development full-sized international airport envisioned 30 within the boundary of the Study Area. To do years ago. This announcement indicated that the this, it has been suggested the development of federal government will set aside 2,251 hectares neighbourhood plans, phasing strategies and of the Pickering Airport Lands for environmental implementing incentives and controls may be protection of the Oak Ridges Moraine and 800 necessary to achieve a number of desired effects hectares will be preserved for Rouge Park. The (e.g., protecting the natural system, enhancing federal government intends to set up a local employment, utilizing existing infrastructure consultative group to determine how the transfer and facilities, etc.). and management of these lands as a perpetual greenspace will be addressed. Ontario Realty Corporation Lands Provincial Lands The Ontario Realty Corporation (ORC) is the The Seaton Community lands (11 per cent of the provincial agency responsible for managing the watershed), along with lands in the Town of province’s surplus lands which were initially Markham, were purchased or expropriated by acquired for the North Pickering (Seaton) the provincial government in the early 1970s. Project. A large portion of those lands are located The intention was to build a new city of 250,000 within the Duffins-Rouge Agricultural Preserve, residents adjacent to the proposed international which is bounded by the Little Rouge River in airport. When plans for the airport were put on the west, and the western branch of Duffins Creek hold, the province decided that only the lands including the Whitevale Corridor Environmentally east of the West Duffins Creek would be considered Significant Area to the east. Also within the for urban development for a community of up to Preserve are tributaries of the West Duffins 90,000 people. Creek and the upper end of Petticoat Creek. The ORC’s marketing plan was to divide the In the 1980s, concerned citizens in Pickering and disposition of the Agricultural Preserve into two surrounding areas prepared a report, The Seaton phases. Phase I involves the lands south of 14th Planning Guide, urging the government to build Avenue in Markham and south of Whitevale an “innovative, compact urban community.” Road in Pickering. Phase II lands to the north are Shortly after, the province conducted a public subject to the alignment of Highway 407. In consultation process and released a report in 1991 1996, the TRCA, City of Pickering, Regional entitled, Seaton: A Strategy for Environmentally Municipality of Durham, and the ORC began Responsible Planning. In 1993, the Seaton discussions to protect the greenspace system Advisory Committee concluded that the suggested within the agricultural preserve and an agreement concepts in the previous reports would be feasible was reached on how to protect environmental on the Seaton site and that there was broad public resources and functions. As part of this support. In 1996, the province, City of Pickering agreement, the TRCA will acquire approximately 12 500 hectares of the valley corridor lands of the and Lake Simcoe to the North. Terrain on the West Duffins Creek and Petticoat Creek. This Oak Ridges Moraine is hilly, composed mainly of land acquisition will include the valley systems of sand and gravel, with small hills and ponds the West Duffins Creek south of Whitevale covering the landscape (Chapman and Putnam, Road. Although the remainder of the lands are 1984). The south slope is the southern slope of expected to remain as agricultural lands, it was the Oak Ridges Moraine. Many drumlins (oval felt that these greenspace lands needed to be or elongated hill/mound formed from glacial protected under the current use. Conservation debris) are found on the south slope, in the easements were attached to the land titles and central portion of Durham Region. These the appropriate zoning categories were assigned drumlins are long and thin, and point upslope to the stream corridors, contiguous forested areas (Chapman and Putnam, 1984). Fast flowing and wetlands connected with Petticoat Creek streams in this area have carved sharp valleys and the West Duffins Creek. These conservation through the glacial till (the accumulation of easements are in favour of the TRCA (i.e. unsorted, unstratified mixtures of clay, silt, sand, permitting authority access for inspections or gravel and boulders). Many types of soils are improvements and prohibiting alterations) and found along the south slope, some of which are will be acquired by the Conservation Authority good for agricultural practices. Along the as they become available over time. Agricultural shoreline of Lake Iroquois, coarser soil particles easement were required in favour of the City of like sand and gravel settled during glacial Pickering when parcels larger than five acres were retreat, leaving a band of sandy soils. To the transferred to private ownership in Pickering. south, the Iroquois lake plain is composed mainly of clay and gently slopes towards the shore of Lake Ontario. Land Use The Duffins Creek watershed has experienced The Duffins Creek watershed is located within much urban growth in recent years. Still a two Regional Municipalities (Durham and York) predominately rural landscape, farming practices and five local area municipalities (Pickering, Ajax, have declined, giving way to urban uses. The Uxbridge, Markham and Whitchurch- Stouffville). northern portion of the watershed remains rural Land use in the Duffins Creek watershed is largely and agricultural, while the southern portion is rural, with agricultural practices dominating the urbanizing. From the 1930s until 1940, general landscape. An increasing population and farming practices were common in the southern residential development in this area has led portion of the watershed. Since the 1940s, expanding residential development in to the agricultural practices in this area have decreased; rural areas of the City of Pickering and Town of fewer farms exist and those that do exist, are larger Ajax. The following is a detailed description of and more specialized. Farming practices include land use in the Duffins Creek watershed. livestock, crops and orchards. Additionally, many rural subdivisions and rural non-farm residences Physiography and Past Land are located in this area. Use Current Land Use Although the Duffins Creek watershed can be described as one geographic unit, it can be Headwaters separated into three physiographic units, the The majority of the Duffins Creek headwaters are Oak Ridges Moraine, the south slope, and the found in Uxbridge Township with the western- Iroquois lake plain. The Oak Ridges Moraine is most tributary in Whitchurch-Stouffville. This an upland area, and is the source of many entire section of the watershed is located on the streams that drain to Lake Ontario to the south, Oak Ridges Moraine. The Oak Ridges Moraine is 13 part of the major open space system, containing Middle Reaches many Environmentally Significant Areas (ESA), The middle reaches of the Duffins Creek and is recognized for many of its ecological benefits, watershed are defined as the lands between the such as groundwater resources, air purification, Uxbridge-Pickering Townline (and including the habitats for plants, fish and wildlife, flood and federally owned lands in Uxbridge) and the erosion control, and scenic and recreational Markham-Whitchurch-Stouffville border in the values. Stream and valley corridors begin at the north, to Taunton Road in the south. The current headwaters of the Duffins Creek, which serve land use on the federally owned lands (as described towards a continuous open space system from the in a previous section) north of Highway 7 in the headwaters to the waterfront at Lake Ontario. municipalities of Markham, Pickering and Uxbridge, is predominately agricultural. Much While the majority of this area is rural and open of the area is designated permanent agricultural space, other land uses are present in this section reserve, allowing for only agriculture and farm- of the watershed. A mix of aggregate resource related activities. Agricultural policies in the area extraction areas, hamlets and the Town of Stouffville municipal Official Plans further support are also located in this area. The presence of sand agricultural objectives stated in the regional and gravel deposits located on the Oak Ridges Official Plans, by generally recognizing lands Moraine contributes to the moraine’s recharge containing classes 1-4 soils (as defined by the characteristics, which provides water to urban Canada Land Inventory Soil Capability for and rural areas as well as the agricultural industry. Agriculture) for long-term protection, and/or An objective of the Whitchurch-Stouffville plan only permitting agricultural uses in accordance is to ensure that the establishment and operation with the Agricultural Code of Practice. Although of aggregate pits will not diminish the moraine’s other uses such as golf courses or community benefits and that worked-out pits be rehabilitated. facilities (e.g., day care centres) may be permitted In addition, the Durham Official Plan specifically on agricultural lands, the Official Plan policies requires rehabilitation of resource extraction generally protect agricultural operations from areas on the Moraine to provide for a regional conflicting land uses by directing residential, trail and continuous forest cover where possible. commercial and industrial growth to designated Official Plan policies will have to conform to the urban areas. Oak Ridges Moraine Conservation Plan, which outlines practices (e.g., restoration of area, depth Several rural hamlets are also located in this to watertable) for aggregate extraction in section of the watershed, including Altona, Natural Linkage Areas and Countryside Areas. Claremont and Balsam, as well as the Spring Creek Country Residential area. Areas of high Several hamlets, such as Goodwood and potential mineral aggregate resources have been Glasgow are located in this section of the identified in this area, and are to be protected watershed. Land use in these areas allow for from incompatible development under the small settlements of less than 500 persons to Durham Region Official Plan. Valley and stream exist, while maintaining the rural character of corridors along the branches of the Duffins Creek the landscape. The Town of Stouffville is also are protected under the major open space located in this section of the watershed, with designation, and contain ESAs that are to be land use ranging from urban and suburban preserved and maintained. residential, institutional, general commercial, and industrial. Also in this area is the Stouffville South of the hamlets of Green River and Sewage Treatment Plant which discharges Brougham, present land use is primarily rural, treated effluent into the Stouffville Creek, a with a substantial area designated to allow for low tributary of the Duffins Creek. density residential and some medium density residential use to accommodate projected growth 14 in population. Also located within this portion of downtown core and Ajax’s Village Central Area. the watershed is the Seaton Urban Study Area, a Low to medium residential housing and employment portion of provincially owned land north of the areas surround the urban cores. A specialty retailing South Pickering Urban Areas, east of the West node, trade centre, major retailers, supermarkets, Duffins Creek, and south of Highway 7, that has department stores, special purpose commercial been set aside for future urban development (as uses, community/cultural/recreational uses, and described previously). In urban areas of the limited office space, having both regional and watershed, water supply is from Lake Ontario, municipal significance, are located in this area. A while in the rural areas, hamlets and the Town of recent study was undertaken jointly by the City Stouffville, groundwater is the source for water. of Pickering and the Town of Ajax to review and Given the use of groundwater in rural areas, and designate appropriate land uses adjacent to that the Duffins Creek watershed drains into Duffins Creek in the Notion Road area. Prestige Lake Ontario, it is important to protect industrial uses were approved for Ajax, while groundwater resources from potential sources of heavy industrial uses continue to operate in the contamination. Development projects such as area. Regional and Municipal Official Plan Highway 407 extension, the proposed airport, policies support intensification and mixed land and the Seaton Community, are expected to lead use where opportunities are available (e.g., the to further urbanization and eventually lead to Hydro One Power Corridor lands are listed as impacts on the natural features in the watershed. potential multi-use areas). Other existing land uses, utility and transportation corridors, such as several existing and former The Duffins Creek continues to be protected waste disposal sites (e.g., the Brock West Landfill under an EPA designation, allowing for the Site, which is designated as a Potential Multi- protection of natural areas such as stream and Use area), the Trans- Canada Gas Pipeline, and valley corridors and the Rouge-Duffins Wildlife the Canadian Pacific Railway exist in this area of Corridor, which pass through the urban areas. the watershed. Pressures from existing and Portions of the developed areas in this section of future development in the watershed may the watershed are located within the regulatory impact groundwater resources. For example, the floodplain (as defined by the TRCA and have Groundwater Management Strategy Study been given the designation “Special Policy Area” (GMSS) for the Regions of York, Peel and in the Pickering Official Plan. The majority of Durham, identified stormwater infiltration from residential land use in this area is classified as low new developments as a potential source of density with a limited area designated as groundwater contamination (GMSS, 2000). medium density.

Significant natural features identified in this area Duffins Creek enters Lake Ontario at the Duffins include the lands within the Greenwood Marsh and moves upstream through a valley to Conservation Area, valley and stream corridors, the north. The Duffins Marsh and Lake Ontario hazard lands, Environmentally Significant Areas, shoreline form a substantial portion of publicly- wetlands, and a groundwater discharge area owned lands adjacent to the valley system. These south of Greenwood. features are recognized and protected in the Ajax and Pickering Official Plans as Environmental Lower Reaches and River Mouth Protection Areas (EPA) and Natural Areas (NA) Two major urban centres are located in the lower respectively. An EPA or NA designation will reaches (Taunton Road to Lake Ontario) of the serve to preserve areas that are environmentally Duffins Creek watershed, the City of Pickering significant or are sensitive to some forms of and the Town of Ajax. Land use in the area is development for biological and ecological reasons. primarily urban, consisting of mixed-use areas and Also this designation is used to protect human commercial corridors, which dominate Pickering’s life and reduce the potential for property damage 15 by controlling development on those lands that Official Plan states that an overall target will be are affected by natural hazards and as a result are to accommodate approximately 20 per cent of all physically unsuitable or hazardous for development. new population growth through intensification Examples are valley and stream corridors, within existing urban areas. Another significant wetlands, ESAs, cold water streams etc. Portions target set by Durham is to match population growth of these areas have also been designated as Areas with an adequate increase in employment of Natural and Scientific Interest (ANSI) and opportunities. As a result, the region is requesting Environmentally Significant Areas (ESA) by the the federal and/or provincial government to improve province and Conservation Authority, respectively. accessibility to employment areas and increase Adjacent to these natural features, land use employment opportunities by providing additional includes employment and residential areas. interchanges along freeways, widening and extending 400-series highways, expediting construction of the Pickering airport lands, supporting the expansion of transit, and locating higher education facilities Proposed/Future and government offices to Durham.

Development York Region’s population increased dramatically from 169,000 persons in 1971 to 364,000 in Anticipated Growth 1986 to 713,000 by the end of 1999. By the year 2026, the population is anticipated to reach 1.28 It is expected that municipalities within the million. Employment forecasts are also expected Duffins Creek watershed will experience increasing to double from the 1999 estimate of 350,000 to pressure to urbanize within the designated urban 696,000 by the year 2026, and average annual area boundary in coming years (Table 2). housing production targets are set to grow Population growth is expected to continue for between 8,000 to 9,000 every five years until the next 25 years as indicated by population 2026. Consequently, York Region’s Official Plan projections in the regions. notes that the current defined urban areas are not extensive enough to accommodate the 2026 Durham Region’s population increased by more forecasts. In order to meet projected demand, than 40 per cent between 1986 and 1996 to the urban area boundaries will likely be nearly 460,000 people and is anticipated to reach expanded and/or intensification of existing 1 million by the year 2021. The Durham Region developed areas will have to take place.

Table 2: Municipal Population Projections

1996 2006 2011 2016 2021 2026

Markham 179,100 253,000 281,000 304,000 326,000 348,000 Whitchurch- Stouffville 20,500 27,000 31,000 35,000 38,000 41,000 Pickering 81,400 145,000 * Ajax 66,500 120,000 * Uxbridge 16,300 12,500 * * refers to targets for urban areas only. 16 Figure 2 illustrates the approved land uses in the urban areas, and/or changes to groundwater Duffins Creek watershed as it is outlined in the recharge and discharge capabilities. Potential sites Durham and York Region Official Plans. In for aggregate extraction are located on the Oak comparison, Figure 3 identifies the Province of Ridges Moraine and in the middle reaches of the Ontario’s approved future land uses specifically Duffins Creek watershed. These areas, currently on the Oak Ridges Moraine. used for agriculture, may be considered for future aggregate extraction to provide the necessary Transportation materials for urban development. Additionally, many of the lands zoned for future urban development Both the Region of York and Region of Durham (e.g., Seaton) are currently being used for are preparing Transportation Master Plans to agricultural purposes. The development of these guide the future transportation programs and lands not only means a loss of agricultural investments in the region. Results of the plan production, but a potential loss of environmental will include the identification of new and improved functions that these lands serve. For example, there facilities needed to serve future growth, strategies may be a decrease in stormwater infiltration and to encourage the use of non-auto modes of travel and an increase in runoff, leading to less recharge of ways to make the best use of existing transportation groundwater aquifers and increased erosion and services. Several future transportation projects sedimentation of streams. that affect the Duffins Creek Watershed are contained within the regional official plans, It is also important to note that some major including highway improvements (Highway 401 developments will be proposed outside of urban widening and new interchanges at Carruthers area boundaries as defined in Official Plans. In Creek Drive and Lakeside Road, and the some cases these proposals will be dealt with at expansion of Highway 407 eastward); arterial road the Ontario Municipal Board, such as the improvements (Morningside Avenue/Markham proposed subdivision at Deer Creek Golf Course By-pass; 5th Concession/ 14th Avenue connection, in Ajax. In this case, official plan urban Taunton Road expansion, Clements Road boundaries were upheld, and this subdivision did extension and other arterial road improvements); not go forward. Proposals that do not conform to and transit improvements (existing GO-rail Official Plan policies are a constant challenge to service along the Lakeshore East line and future municipal planners, and must be approached in services along the CP Belleville line, the CP a consistent manner. Havelock line and the extension of the Stouffville line to Uxbridge, public transit right-of-ways on Tri-Region Strategy, major arterial roads and freeways including Provincial ORM process Highway 407, and improved inter-municipal and inter-regional transit services). To provide an understanding of the groundwater regime, the TRCA and the three Regions are Pressure on Resource Use currently working on a Groundwater Management Study that will provide valuable information and The landscape of the Duffins Creek watershed is direction for developing watershed management changing from predominantly rural and agricultural programs and land use planning policies affecting to a more urbanized area, thus increasing residential, the Moraine. In addition to this study, a coalition commercial and industrial land uses. Pressures of nine Conservation Authorities in the ORM has on the watershed are expected to increase with been established to develop a consistent approach increasing for urban development and growth. to protection and management of the Moraine. As more urban areas are established, groundwater These activities are consistent with the mandate resources may be affected. These effects may be set out in the Oak Ridges Moraine Conservation related to providing adequate water supply to Act and Conservation Plan. 17 Figure 2: Future Land Uses in the Duffins Creek Watershed as Designated in Municipal Official Plans.

18 Figure 3: Future Land Uses on the Oak Ridges Moraine as Designated in the Province of Ontario’s Oak Ridges Moraine Plan. 19 The 2000 Groundwater Management Strategy Once enacted, the Oak Ridges Moraine Study for York, Peel and Durham Regions Conservation Act will require that Official Plans recognized groundwater as a significant resource and zoning by-laws be amended within either in the Duffins Creek watershed. Groundwater one year (Regions of Peel, York and Durham) or resources, including recharge and discharge 18 months (counties and local municipalities), functions, are intricately connected to fisheries, and those amendments shall conform to the Oak wetlands and terrestrial features in the Duffins Ridges Moraine Conservation Plan. From previous Creek watershed. Both the York and Durham and on-going activities at the regions, this type Official Plans have policies related to groundwater of conformity will further shape the efforts already protection and specifically to the Oak Ridges in place. However, there are some challenges ahead Moraine. Each region committed to working for municipalities in the Oak Ridges Moraine with adjacent regions and the province to Planning Area, like implementing watershed prepare a study of the Oak Ridges Moraine, its plans, water conservation plans and calculating ecological features and functions, potential water budgets, which are requirements under impacts from development and possible programs the Conservation Plan. It will be important for the for management. regions and local municipalities to work closely together and with Conservation Authorities, who Current municipal polices will be updated to may be able to supply expertise and technical reflect the Oak Ridges Moraine Conservation knowledge in many aspects of watershed planning. Plan, which has the general requirement that no development and site alteration shall be It is also important to note that the Conservation permitted within the Moraine (in Natural Core, Plan is to be reviewed every 10 years, and Natural Linkage and Countryside Areas) unless additionally, that both the Conservation Plan it can be demonstrated that the ecological and and the legislation contain clauses which prohibit hydrological integrity of the Moraine shall be the reduction of the Natural Core and Natural maintained, or where possible, improved or Linkage Areas through any future plan review. restored. Different studies, such as a hydrological evaluation, landform conservation plans and natural heritage evaluations, must accompany applications for development or site alteration in order to be considered.

20 Conclusion: A Comprehensive Watershed Strategy

Land use in the Duffins Creek watershed is changing rapidly in many areas, from a predominantly rural landscape to suburban or country residential communities with pockets of commercial and employment nodes. Based on current development activity and population and employment projections, effects on the environment, infrastructure/servicing, and resources are expected to continue with the increasing pressure for growth and development. These pressures brought together the two regional and five municipal governments with the TRCA in the Duffins Creek watershed in support of developing a watershed strategy. Various levels of government, with interests in the Duffins Creek watershed, must work together to ensure that their land use planning policies and practices are consistent with one another and that they are working towards the same goals.

As outlined in this chapter, there are tools available in the land use planning process which can be used to improve and/or maintain present conditions in the watershed. The key point will be to recognize where these growth pressures will be, what natural features and functions should be protected, and to develop a consistent and balanced approach to controlling future development and its impacts. A healthy, functioning natural system contributes so much to the quality of life in neighbourhoods and communities. Developing a feasible watershed management strategy that can be implemented through the land use planning process will provide further opportunity for governments, agencies, and citizens of the Duffins Creek watershed to protect and rehabilitate their environmental heritage for generations to come.

21 Acknowledgments Many thanks to the Councillors and planning staff at the Durham Region, York Region, Town of Ajax, City of Pickering, Township of Uxbridge, Town of Markham, Town of Whitchurch- Stouffville whose input and guidance contributed to the completion of this chapter.

22 References AMEC Earth and Environmental Limited and Totten Sims Hubicki Associates (GMSS), 2000. Groundwater Management Strategy Study: York, Peel and Durham Regions Phase 1 Draft Report #2.

Chapman, L.J. and Putnum, D.F., 1984. The Physiography of Southern Ontario. Third Edition. Ontario Geological Survey, Special Volume 2. Ministry of Natural Resources. Toronto, Canada.

City of Pickering, 2000. Official Plan. Office Consolidation. www.city.pickering.on.ca

Ontario Ministry of Environment and Energy (MOEE),1993. Subwatershed Planning. Queen’s Printer for Ontario. Ontario, Canada.

Regional Municipality of Durham (DROP), 2001. Official Plan. Office Consolidation. www.region.durham.on.ca

Regional Municipality of York, 1999. Official Plan. Office Consolidation. www.region.york.on.ca

Town of Ajax, 2000. Official Plan. Office Consolidation. www.town.ajax.on.ca

Town of Markham, 1999. Official Plan. Office Consolidation. www.town.markham.on.ca

Town of Uxbridge, 1995. Official Plan. Office Consolidation. www.town.uxbridge.on.ca

Town of Whitchurch-Stouffville, 2000. Official Plan. www.town.whitchurch-stouffville.on.ca

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