THE NIAGARA ESCARPMENT PLAN STRIKING A BALANCE … · Niagara Escarpment: a dolostone ridge (or...

THE NIAGARA ESCARPMENT PLAN STRIKING A BALANCE BETWEEN PROTECTION AND DEVELOPMENT

Photo: Nigel Finney

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OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 2

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


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.


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.

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).

Cobble & shingle beach

Erosional forces continue to shape the Niagara Escarpment.

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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

Jefferson SalamanderHart’s Tongue Fern


The four provincial land use plans that work together to manage growth and protect the environment in southern Ontario

Planning associated with these three Provincial plans is implemented through the lower & upper tier municipalities

Planning is implemented through the Niagara Escarpment Commission

Municipal PlanningRegional Official

Plan

Local Official Plan

Zoning By-Law

Provincial Policy

Provincial Policy Statement Niagara

Escarpment Plan

Oak Ridges Moraine Plan

Growth Plan

Greenbelt Plan

Planning Act

Land Use PlanningHierarchy in Ontario

Responsibility for municipal planning delegated to provinces in the Constitution

Municipal planning is subject to provincial policies

Regional official plans require provincial approval

Municipal plans must be consistent with provincial policy and provincial plans

7OALA AGM 2019 Blue Mountains Niagara Escarpment Commission


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.

Photo: Mairi MacRae Rainbow at Old Baldy

OALA OALA AGM 2019 Blue Mountains Niagara Escarpment Commission 9

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


NIAGARA ESCARPMENT PLAN PART 1: LAND USE DESIGNATIONS


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.


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 resourcesNatural heritage Agriculture Mineral Aggregate ResourcesCultural heritage Recreation InfrastructureScenic Resources Landform conservation The Bruce Trail


PART 3 OF THE NEP : NEPOSSNiagara 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.

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.


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


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.


QUESTIONS ?


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.



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.



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

Public Access to the Escarpmentmeans

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.



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.



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

1976 Landscape Evaluation StudyNiagara 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


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.



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:



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.



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 Beaver Valley



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.



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 Head River Valley – residence placement demonstrates appropriate siting to minimize the impact of development.



2.13.4.a) establishingappropriate 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.



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



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.



;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.



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 lighting 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.



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

downward).



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

Rugged grandeur of the Georgian Bay 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.

NIAGARA ESCARPMENT CHARACTER AND SCENERY


Cabot Head from the waters of Georgian Bay along the north eastern coastline of of the Bruce Peninsula.

Photo taken from the deck of the Gilphe II September 2007



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



Winter in Grey County – Escarpment in background with Babe the quarter horse



Snowshoeing along the Bruce Trail Inglis Falls Conservation Area Owen Sound

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Inglis Falls along the Sydenham River in Georgian Bluffs

Downstream of the Falls along the Sydenham River



The Big Head River Valley The Municipality of Grey Highlands



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



Devils Glen – steep slopes along the Mad River in Simcoe County



Open Landscape Character of Simcoe County



Apple Orchard in Dufferin County - pairs of heritage varieties collected and planted



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

Caledon Rail Trail near Inglewood in Caledon



Limehouse Conservation Area in Halton Hills

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



City of Hamilton - view to the Dundas Valley from the trail to Tews Falls



City of Hamilton – looking north east from the Escarpment Brow to the downtown core and the Escarpment in the distance across the waters of Lake Ontario

Photo: EDA Collaborative

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



Woodend Conservation Area – Niagara Peninsula Conservation Authority – note Redbud in bloom



Niagara Region – looking north along the Niagara River at Queenston Heights



The Landscape of Nations: The Six Nations and Native Allies Commemorative MemorialTom Ridout, Fleisher Ridout Partnership and Raymond Skye, a renowned Six Nations artist

Photo: Alex Heidbuechel


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.


QUESTIONS &

DISCUSSION


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 Province.

We invite you to:

Stand on the edge and imagine…

THE NIAGARA ESCARPMENT PLAN STRIKING A BALANCE … · Niagara Escarpment: a dolostone ridge (or...

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