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THE NIAGARA ESCARPMENT PLAN STRIKING a BALANCE BETWEEN PROTECTION and DEVELOPMENT 1 PRESENTATION OUTLINE  Highlights of the Niagara Escarpment

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THE NIAGARA ESCARPMENT PLAN STRIKING a BALANCE BETWEEN PROTECTION and DEVELOPMENT 1 PRESENTATION OUTLINE  Highlights of the Niagara Escarpment Photo: Nigel Finney THE NIAGARA ESCARPMENT PLAN STRIKING A BALANCE BETWEEN PROTECTION AND DEVELOPMENT 1 PRESENTATION OUTLINE Highlights of the Niagara Escarpment Quick context of land use planning in Ontario 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 Blue 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 Queenston Heights along the Niagara River extending over 725 kilometers to include the slopes of the Blue Mountains and the spectacular eastern coastline of the Bruce Peninsula and Fathom Five National 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 Ordovician 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 North America – 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 southern Ontario Planning is implemented Planning associated with these three Provincial plans through the Niagara is implemented through the lower & upper tier Escarpment Commission municipalities 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 provinces Niagara in the Constitution Greenbelt 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 Government of Ontario 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 area, 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 Rainbow 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 Open 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 Mineral Aggregate Resources Cultural heritage Recreation Infrastructure Scenic Resources Landform conservation The Bruce Trail 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 Canada, Ontario MNRF, Ontario Parks, 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 may 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
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