sign in sign up
<<
Home , Bruce Peninsula, Niagara Escarpment, Ontario

Photo: Nigel Finney

THE NIAGARA PLAN STRIKING A BALANCE BETWEEN PROTECTION AND DEVELOPMENT 1 PRESENTATION OUTLINE  Highlights of the

 Quick context of land use planning in

 The Niagara Escarpment Planning & Development Act and the Niagara Escarpment Plan (NEP)

 History of Landscape Architects and the NEP

 Questions

 Application of the Plan Policies when evaluating proposed development

 Summary

 Questions and Discussion

 Closing remarks

OALA AGM 2019 Mountains Niagara Escarpment Commission 2 THE NIAGARA ESCARPMENT PLAN

Ontario’s first environmental land use plan

Designated by UNESCO as a World Biosphere Reserve in 1990.

Recognized for it’s geological, environmental and scenic resources.

A protected landscape from Heights along the extending over 725 kilometers to include the slopes of the Blue Mountains and the spectacular eastern coastline of the and Fathom Five Marine Park.

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 3 ESCARPMENT GEOLOGY Sedimentary bedrock formed approximately 450 million years ago by the deposition of organic matter from life in a warm shallow sea. Shaped by erosional processes and glaciation to form the Niagara Escarpment: a dolostone ridge (or spine) with a long gradual slope on one side and a relatively steep scarp or cliff on the other.

Erosional forces continue to shape the Niagara Escarpment.

The NEP has 100+ sites of geological significance including exposures of rocks and fossils of the Silurian and Periods (405 to 500 million years old).

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 4 Cobble & shingle beach ESCARPMENT ECOLOGY

Home to the oldest trees in eastern – some cliff faces of the Escarpment contain Eastern White Cedar that are more than 1000 years old.

 40% of Ontario’s rare flora  325 bird species  37 species of Orchids  55 mammal species  36 reptiles and amphibians species like the endangered Jefferson Salamander  Most of the world’s population of the North American sub species of Hart’s Tongue Fern

Hart’s Tongue Fern Jefferson Salamander 5 The four provincial land use plans that work together to manage growth and protect the environment in

Planning is implemented Planning associated with these three Provincial plans through the Niagara is implemented through the lower & upper tier Escarpment Commission OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 6 Land Use Planning Provincial Policy Hierarchy in Ontario Planning Act Oak Ridges  Responsibility for Moraine Plan Provincial Policy municipal planning Statement delegated to Niagara in the Constitution Plan Escarpment Plan Growth Plan  Municipal planning is subject to provincial policies

 Regional official plans require provincial Municipal Planning approval Regional Official Plan  Municipal plans must be consistent with Local Official Plan provincial policy and provincial plans Zoning By-Law

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 7 THE NIAGARA ESCARPMENT PLANNING AND DEVELOPMENT ACT (NEPDA)

The NEPDA received Royal Assent by the in 1973; the Act states: The purpose of this Act is to provide for the maintenance of the Niagara Escarpment and land in its vicinity substantially as a continuous natural environment, and to ensure only such development occurs as is compatible with that natural environment. R.S.O. 1990, c. N.2, s. 2.

The Act includes the following provisions:  Objectives of the Niagara Escarpment Plan.  Appointment of Commission members and staff.  Regulations include the geographical , procedures, Development Control (R. 826/90), etc.  That no other municipal or provincial approval can be issued unless Niagara Escarpment Plan approval is first given. OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 8 Photo: Mairi MacRae at Old Baldy THE NIAGARA ESCARPMENT PLAN The Plan Purpose is the same as the Act. Plan policies focus on the continuous landform of the Escarpment and provides for a series of connected and protected areas. This ensures a landscape level approach to protecting the natural environment.

Major functions of the Plan:  Establishes environmentally based Land Use Designations & permitted uses  Sets Development Criteria for those designations  Niagara Escarpment Parks and Space System; NEPOSS

OALA OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 9 NIAGARA ESCARPMENT PLAN PART 1: LAND USE DESIGNATIONS

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 10 PART 1 OF THE NEP : PERMITTED USES

 Each land use designation has ‘permitted uses’ associated with it.

 Permitted uses require a Development Permit from the Niagara Escarpment Commission

 Permitted uses are limited* in the NEP area to avoid sprawl, protect the natural environment, and maintain the Escarpment’s open landscape character and scenic resources.

 Commercial, industrial and other intensive land uses are generally not permitted in the NEP.

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 11 PART 2 OF THE NEP : DEVELOPMENT CRITERIA

The impact of proposed development is assessed using Development Criteria relating to: Lot Creation Steep slopes & ravines Water resources Natural heritage Agriculture Aggregate Resources Cultural heritage Recreation Infrastructure Scenic Resources Landform conservation The

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 12 PART 3 OF THE NEP : NEPOSS Niagara Escarpment Parkes & Open Space System

Part 3 of the NEP sets out policies for establishing public land in the Escarpment Plan area.

There are 163 parks in NEPOSS. These lands are owned by Parks , Ontario MNRF, , conservation authorities, municipalities and other conservation organizations.

NEPOSS lands account for approximately 25% of the NEP area including Bruce Trail Conservancy lands and Fathom Five National Marine Park.

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 13 Tews Falls Hamilton APPENDIX 2 OF THE NEP: DEFINITIONS

The definitions provided in the NEP are the defined terms and meanings to be utilized when reading or interpreting the Plan. Below are some examples we will be referring to in this presentation:

Open landscape character: The system of rural features, both natural and human-made, that make up the rural environment, including forests, slopes, streams, valleylands, hedgerows, agricultural fields, agricultural buildings and other features of similar character and scale.

Escarpment environment: The physical and natural heritage features, cultural heritage resources, and scenic resources associated with the Escarpment landscape.

Scenic quality: A reference to the scenic rankings derived from the Niagara Escarpment Plan: A Landscape Evaluation Study and updates to the study. There are six rankings: Outstanding, Very Attractive, Attractive, Average, Low and Very Low.

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 14 APPENDIX 2 OF THE NEP: DEFINITIONS

Scenic resource: The general appearance of a place or landscape, or the features of a landscape, taking into consideration the visual condition and scenic quality, which vary by location and are dependent on features such as geology, vegetation, landforms, and human developments. The heritage attributes of protected heritage properties also include or be, in themselves, scenic resources.

Skylining: Extending above the horizon line of the Escarpment brow, slope or other prominent landform Skylining

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 15 LANDSCAPE ARCHITECTS HAVE BEEN A PART OF THE NEC STAFF FROM THE ONSET  Contributing to background studies that established scenic rankings

 Ensuring adequate public access both physical & visual to the Escarpment landscape  Part of policy development including studies in support of the Plan policies

 Creation of guidelines such as the Visual Assessment Guidelines  Review of development proposals, visual impact assessment, site planning, grading, vegetation protection plans and landscape construction (planting et al)

 Protection of resources at the site planning level is an important and necessary part of maintaining the structure and function of the natural systems and continuous natural environment at the landscape level.

 Policies associated with natural heritage and particularly open landscape character along with scenic resource and landform conservation are critical areas of responsibility for the NEC landscape architect.

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 16 QUESTIONS ?

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 17 APPLICATION OF THE PLAN POLICES WHEN EVALUATING PROPOSED DEVELOPMENT

Chief among the Plan Policies is the Plan Purpose: The purpose of this Plan is to provide for the maintenance of the Niagara Escarpment and land in its vicinity substantially as a continuous natural environment, and to ensure only such development occurs as is compatible with that natural environment.

These words place emphasis on the physical characteristics and (indirectly) the scenery associated with those characteristics.

Qualifying that development must be compatible with the natural environment is interpreted to mean it must, as part of the test, be compatible with the scenic resources.

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 18 APPLICATION OF THE PLAN POLICES WHEN EVALUATING PROPOSED DEVELOPMENT There are seven Plan Objectives – the focus of todays presentation are objectives 4 and 6: 1. To protect unique ecologic and historic areas; 2. To maintain and enhance the quality and character of natural streams and water supplies; 3. To provide adequate opportunities for outdoor recreation;

4. To maintain and enhance the open landscape character of the Niagara Escarpment in so far as possible, by such means as compatible farming or forestry and by preserving the natural scenery; 5. To ensure that all new development is compatible with the purpose of the Plan;

6. To provide for adequate public access to the Niagara Escarpment; and 7. To support municipalities within the Niagara Escarpment Plan Area in their exercise of the planning functions conferred upon them by the Planning Act. OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 19 APPLICATION OF THE PLAN POLICES WHEN EVALUATING PROPOSED DEVELOPMENT

Objective 6 : To provide for adequate public access to the Niagara Escarpment;

Public Access to the Escarpment means Physical and Visual Access

Visual access to the Escarpment landscape is important as approximately 70% of the NEP is privately held and not accessible physically to the public.

The ability for the public to visually access the Escarpment scenic resources is therefore largely only from roads, trails and lands in the public domain.

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 20 APPLICATION OF THE PLAN POLICES WHEN EVALUATING PROPOSED DEVELOPMENT

The following statement, excerpted from the 1976 Landscape Evaluation Study, brings focus to the importance of visual access as a factor considered when the first Plan (1985) was under development:

For many persons the trip through the Escarpment landscape to the point where they engage in an activity may be an integral part of the outing, while for others landscape viewing during travel may be an end in itself.

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 21 APPLICATION OF THE PLAN POLICES WHEN EVALUATING PROPOSED DEVELOPMENT

In concert with the NEPDA & NEP Policies the following resources are utilized to evaluate proposed development.

1976 Landscape Evaluation Study Niagara Escarpment Planning Area A study undertaken to evaluate and rank scenic quality for the Planning Area (60% larger than the current NEP area). In 1999 & 2003 updates to the study were undertaken

The study established 6 categories for scenic ranking:

Outstanding, Very Attractive, Attractive, Average, Low and Very Low. Nine (9) Viewshed Analysis Studies of landscape units ranked Outstanding and Very Attractive

2008 Visual Assessment Guidelines & Supplemental guidelines

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 22 NEP SCENIC RANKINGS – LANDSCAPE EVALUATION STUDY

Scenic ranking is based on scoring of landscape components in 5 categories; Landform, Vegetative Cover, Land Use, Special Features

and Views. OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 23 APPLICATION OF THE PLAN POLICES WHEN EVALUATING PROPOSED DEVELOPMENT

The impact of proposed development is assessed using the Development Criteria supported by technical criteria in the form of guidelines. The technical criteria are under review and formal consultation is anticipated in the latter part of 2019.

Three guidelines that are most often utilized by landscape architects:

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 24 APPLICATION OF THE PLAN POLICES WHEN EVALUATING PROPOSED DEVELOPMENT

The Development Criteria directly associated with the guidelines include:

2.2.1 The Escarpment environment shall be protected, restored and where possible enhanced for the long term having regard to single, multiple or successive development that have occurred or are likely to occur.

An example would be a proposal for a high rise building in an Urban Area that would alter both the scenery and visual access to the scenery for the public.

The potential for other similar types of development arising must be considered as part of the evaluation of impact.

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 25 APPLICATION OF THE PLAN POLICES WHEN EVALUATING PROPOSED DEVELOPMENT

2.13 Scenic Resources and Landform Conservation The objective is to ensure that development preserves the natural scenery, and maintains Escarpment Related Landforms and the open landscape character of the Escarpment.

Looking west from Grey Road 2 towards the

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 26 APPLICATION OF THE PLAN POLICES WHEN EVALUATING PROPOSED DEVELOPMENT

2.13.1 Development shall ensure the protection of the scenic resources of the Escarpment. 2.13.2 Where a visual impact on the scenic resources is identified as a concern by the implementing authority, a visual impact assessment shall be required.

2.13.3. A visual impact assessment shall: a) establish a baseline for the existing conditions; b) identify the proposed physical changes; and c) assess the impact of the proposed change on the scenic resources of the Escarpment; and d) propose measures to minimize any visual Impacts.

When required visual impact assessment studies are scoped to address matters specific to the Escarpment environment, the type of proposal and the methodologies. Applicants are usually requested to provide a terms of reference.

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 27 APPLICATION OF THE PLAN POLICES WHEN EVALUATING PROPOSED DEVELOPMENT

2.13.4 Appropriate siting and design measures shall be used to minimize the impact of development on the scenic resources of the Escarpment, including:

The Big Valley – residence placement demonstrates appropriate siting to minimize the impact of development.

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 28 APPLICATION OF THE PLAN POLICES WHEN EVALUATING PROPOSED DEVELOPMENT

2.13.4.a) establishing appropriate setbacks and maximum building heights;

2.13.4.b) changing the orientation and height of built form to reduce visibility and skylining;

Often applicants have a desire to place their buildings on the highest part of the land to maximize their view.

This usually maximizes visibility of the built form and NEC staff work with the applicants to find a balance that allows for views to the landscape for the residents and protection of the scenic resources.

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 29 APPLICATION OF THE PLAN POLICES WHEN EVALUATING PROPOSED DEVELOPMENT

2.13.4 c) clustering buildings where appropriate;

2.13.4.d) minimizing the development footprint and changes to the existing topography and vegetation;

New development clustered, with original lane, wooded area, agricultural field retained and old barn refurbished

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 30 APPLICATION OF THE PLAN POLICES WHEN EVALUATING PROPOSED DEVELOPMENT

2.13.4.e) using natural topography and vegetation as screening for visual mitigation;

Vineyard vegetation along with existing wooded areas screen the service area of this vineyard in the Niagara Region.

Retention of existing hedgerows in Mono. OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 31 APPLICATION OF THE PLAN POLICES WHEN EVALUATING PROPOSED DEVELOPMENT

; 2.13.4.f) where there is minimal existing screening or vegetation that cannot be retained, providing new planting of native species to screen development

Planting new hedgerows is often an excellent method to screen built form, provide linkages & habitat for wildlife while enhancing the characteristics of open landscape character.

Consider where the public has a view to the landscape when placing screen planting.

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 32 APPLICATION OF THE PLAN POLICES WHEN EVALUATING PROPOSED DEVELOPMENT

2.13.4.g) using non-reflective materials on roofs and walls along with measures to reduce reflectivity associated with windows;

This residence is near the eastern brow of the Escarpment in the Beaver Valley; the building design incorporates materials and colours that blend with the landscape, minimal and window glass and roof materials that were not reflective.

The groomed landscape was minimal and confined to a small area near the residence. The oldfield and wooded area predominate on this 4 hectare property.

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 33 APPLICATION OF THE PLAN POLICES WHEN EVALUATING PROPOSED DEVELOPMENT

2.13.4.h) minimizing the effect from exterior lighting (e.g., lighting directed downward).

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 34 APPLICATION OF THE PLAN POLICES WHEN EVALUATING PROPOSED DEVELOPMENT

The character of the landscape varies greatly throughout the Plan from the:

 Rugged grandeur of the coastline in the Bruce  The expansive countryside of Grey, Simcoe, Dufferin, Peel and Halton &  The urban neighbourhoods that hug the edges of the Escarpment in Hamilton and Niagara.

In all of these landscapes the scenic resources of the Niagara Escarpment are valued for their beauty.

The policies of the Plan seek to protect this scenery and provide access to the scenery for the public.

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 35 NIAGARA ESCARPMENT CHARACTER AND SCENERY

Photo taken from the deck of the Gilphe II September 2007 from the waters of Georgian Bay along the north eastern coastline of of the Bruce Peninsula.

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 36 NIAGARA ESCARPMENT CHARACTER AND SCENERY

White Bluff along the eastern Coastline of the Bruce Peninsula north of Lions Head

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 37 NIAGARA ESCARPMENT CHARACTER AND SCENERY

Winter in Grey – Escarpment in background with Babe the horse

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 38 NIAGARA ESCARPMENT CHARACTER AND SCENERY

Snowshoeing along the Bruce Trail Inglis Falls Conservation Area

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 39 NIAGARA ESCARPMENT CHARACTER AND SCENERY Inglis Falls along the Sydenham River in

Downstream of the Falls along the Sydenham River

40 NIAGARA ESCARPMENT CHARACTER AND SCENERY

The Big Head River Valley The of

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 41 NIAGARA ESCARPMENT CHARACTER AND SCENERY

Eastern slopes of the Beaver Valley with Old Baldy

Looking north west from Old Baldy along the Bruce Trail & spring ephemerals can be seen along the way

Trillium Trout Lily

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 42 NIAGARA ESCARPMENT CHARACTER AND SCENERY

Devils Glen – steep slopes along the Mad River in

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 43 NIAGARA ESCARPMENT CHARACTER AND SCENERY

Open Landscape Character of Simcoe County

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 44 NIAGARA ESCARPMENT CHARACTER AND SCENERY

Apple Orchard in - pairs of heritage varieties collected and planted

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 45 NIAGARA ESCARPMENT CHARACTER AND SCENERY

Escarpment Sideroad in Caledon with view of the Devils Pulpit in the background

Caledon Rail Trail near Inglewood in Caledon

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 46 NIAGARA ESCARPMENT CHARACTER AND SCENERY

Limehouse Conservation Area in

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 47 NIAGARA ESCARPMENT CHARACTER AND SCENERY

Hilton Falls in the Hilton Falls Conservation Area Halton Region Conservation Authority

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 48 NIAGARA ESCARPMENT CHARACTER AND SCENERY

City of Hamilton - view to the Dundas Valley from the trail to Tews Falls OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 49 NIAGARA ESCARPMENT CHARACTER AND SCENERY

Photo: EDA Collaborative City of Hamilton – looking north east from the Escarpment Brow to the core and the Escarpment in the distance across the waters of Ontario

Looking south from urban Hamilton to the wooded Escarpment slopes and brow

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 50 NIAGARA ESCARPMENT CHARACTER AND SCENERY

Woodend Conservation Area – Conservation Authority – note Redbud in bloom

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 51 NIAGARA ESCARPMENT CHARACTER AND SCENERY

Niagara Region – looking north along the Niagara River at

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 52 NIAGARA ESCARPMENT CHARACTER AND SCENERY

Photo: Alex Heidbuechel The Landscape of Nations: The Six Nations and Native Allies Commemorative Memorial Tom Ridout, Fleisher Ridout Partnership and Raymond Skye, a renowned Six Nations artist 53 OALA AGM 2019 Blue Mountains Niagara Escarpment Commission THE NIAGARA ESCARPMENT PLAN STRIKING A BALANCE BETWEEN PROTECTION AND DEVELOPMENT SUMMARY The Niagara Escarpment Plan:  seeks to protect the geologic feature of the Niagara Escarpment substantially as a continuous natural environment.

 recognizes the natural heritage system and associated natural heritage features.  protects the scenic resources and public access.  allows for compatible development.

 the land use designations focus on the continuous landform of the Escarpment and provide a series of connected and protected areas.  the land use designations ensure a broader landscape approach to protecting the natural environment.  Development Criteria provide policies to determine how a proposed development should be carried out at the site level to maintain the structure and function at the landscape level.

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 54 QUESTIONS & DISCUSSION

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 55 The Niagara Escarpment is a beautiful protected UNESCO World Biosphere Reserve for us all to enjoy

The Niagara Escarpment Commission invites you to spend time walking the Bruce Trail, visiting the many parks & open spaces and to travel along the roadways to see first hand the forces of nature that created this spectacular part of our .

We invite you to:

Stand on the and imagine…

OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 56