march 20, 2003 staff report interpretation of prominent escarpment slopes in the escarpment recreation area of the niagara escarpment

March 20, 2003 STAFF REPORT
INTERPRETATION OF PROMINENT ESCARPMENT SLOPES IN THE
ESCARPMENT RECREATION AREA OF THE
NIAGARA ESCARPMENT PLAN
BACKGROUND:
===========
The Escarpment Recreation Area designation of the Niagara Escarpment
Plan contains the following Development Objective:
1.
Except for plans of subdivision which have been draft or final
approved, or for development which is permitted in existing
secondary plans on the day this plan was approved, development on
prominent Escarpment slopes shall be limited to those recreational
facilities such as ski runs, ski lifts or slides which require the
slopes for the proper functioning of the operation.
A review of the background and preparation of the Niagara Escarpment
Plan does not reveal any rational for or intent behind the inclusion
of this word in reference to the Escarpment slopes of the Escarpment
Recreation Area. The word was inserted, without explanation or
definition, in the Proposed Plan for the Niagara Escarpment in 1978.
The term prominent Escarpment slope is not defined in the Niagara
Escarpment Plan. However, Escarpment brow, toe and slope are defined
and have been used as the meaning of prominent Escarpment slope when
considering development proposals that encroach on the Escarpment
slope in the Escarpment Recreation Areas.
The definitions in the Plan are as follows:
Escarpment Brow (Edge)
“the uppermost point of the Escarpment slope or face. It may be the
top of a rock cliff, or where the bedrock is buried, the most obvious
break in slope associated with the underlying bedrock”.
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Escarpment Slope (Face)
“the area between the brow and toe of the Escarpment and usually
characterized by a steep gradient. Where the rise occurs in the form
of a series of steps, the slope also includes the terraces between the
steps”.
Escarpment Toe (Base)
“the lowest point on the Escarpment slope or face determined by the
most obvious break in slope associated with the bedrock or landforms
overlying the bedrock.
Since approval of the Plan in June 1985 a policy interpretation of the
intent of the meaning of "prominent Escarpment slope" has been
required in various development proposals at ski centres in the
Niagara Escarpment Plan area. To assist in this interpretation, in May
1994, the Commission received, but made no motion on the attached
Policy Paper - "Escarpment Recreation Area Interpretation of "
Prominent " Escarpment Slopes" (see APPENDIX A).
In further support of this position and while commenting on the
Municipality of Grey Highland’s Draft Official Plan (2001), staff
provided an outline of the procedure used to determine the extent of
the prominent Escarpment slope (see APPENDIX B).
However, in keeping with the purpose and objectives of the Act and the
Plan, staff has used the 1994 interpretation as a working policy
guideline in numerous site-specific interpretations on the location of
the prominent slope. The Commission has endorsed the vast majority of
these interpretations (see APPENDIX C).
While there has been general consistency in these interpretations, the
fact remains that without a definition, or precise mapping of the
prominent Escarpment slopes in the Escarpment Recreation Areas each
development proposal on or adjacent to the Escarpment slope has been
evaluated on a site by site basis.
However, with the development of new Official Plans for recently
amalgamated municipalities, Commission staff have been providing a
comprehensive interpretation of the location of the prominent
Escarpment slopes to be incorporated into the Official Plans (e.g.,
Town of the Blue Mountains Official Plan, Grey Highlands Official
Plan).
The Town of the Blue Mountains has incorporated the majority of the
Commission’s recommendations on the toe and brow of the prominent
Escarpment slope (with the exception of the ‘Collins’ property).
However, due to
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the small scale of the official plan and the pressures for
development, staff is in
the process of defining the toe of the Escarpment very precisely for
inclusion in the Official plan, e.g., the Barton and Shiff properties
in the Camperdown Area. The Staff report on OPA #2 Camperdown
addresses the location of the Escarpment toe very precisely through
the use of a GPS unit and site visits. Similarly the Commission has
objected to the Town's proposed interpretation of the Escarpment toe
on the Collins property (Commission Resolutions of Sept, 2002 and Dec,
2002).
The Commission has also objected to a proposed Official Plan amendment
filed by Castle Glen Development Corp. on the basis that the proposed
amendment conflicts with the Niagara Escarpment Plan provision of
prohibiting development below the brow of the Escarpment, west of Lake
of the Clouds, on the basis that development in this area would be in
conflict with the above cited provisions of the Niagara Escarpment
Plan and the provisions of OPA # 7 (Castle Glen Secondary Plan).
The Town of the Blue Mountains Official Plan is currently being
reviewed by the County of Grey for approval.
The Municipality of Grey Highlands did not adopt the Escarpment toe as
defined by the Commission in their new Official Plan. The County of
Grey similarly did not adopt the Commission’s interpretation of the
Escarpment toe in approving the Grey Highlands Official Plan. The
Commission has appealed this part of the Official Plan to the OMB
In advance of the OMB hearing on the Grey Highlands Official Plan and
the Commission's evidence in support of the Commission's appeal, staff
is seeking the Commission’s confirmation that staff should continue to
interpret the prominent Escarpment slopes in accordance with the
intent as set out in the attached 1994 report and as refined in the
attached policy interpretation report (Policy Paper) dated March 20
2003.
RECOMMENDATION:
That the Niagara Escarpment Commission adopt the interpretation and
approach to defining prominent Escarpment slopes in the Escarpment
Recreation Area as set out in the attached Policy Paper:
Interpretation of Prominent Escarpment Slopes in the Escarpment
Recreation Area (March 20, 2003), attached as Appendix D.
Prepared By _________________ ___________________
Marion Plaunt Lynne Richardson
Senior Strategic Advisor Senior Planner
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ATTACHMENTS
Appendix A Escarpment Recreation Area Interpretation of "Prominent"
Escarpment Slopes
Appendix B Prominent Escarpment Slopes Interpretation Criteria
Appendix C Prominent Escarpment Slope Interpretations
Appendix D Policy Paper - Interpretation of "Prominent" Escarpment
Slopes in the Escarpment Recreation Area
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APPENDIX A
May 13, 1994
RE: ESCARPMENT RECREATION AREA INTERPRETATION OF “PROMINENT”
ESCARPMENT SLOPES
ISSUE: The Plan states that:
“development on prominent Escarpment slopes shall be limited to those
recreational facilities such as ski, runs, ski lifts or slides which
require the slope for the proper functioning of the operation.”
In the context of this policy the issue is the interpretation of
prominent Escarpment slopes.
DISCUSSION
Escarpment slopes are defined in the Plan as:
“the area between the brow and the toe of the Escarpment and usually
characterized by a steep gradient. Where the rise occurs in the form
of a series of steps, the slope also includes the terraces between the
steps.”
The Escarpment Brow is defined as follows”:
“the upper most point of the Escarpment slope or face. It may be the
top of a rock cliff, or where the bedrock is buried, the most obvious
break in slope associated with the underlying bedrock”.
The intent of the Plan needs to be interpreted in terms of what was
meant by “prominent” Escarpment slopes. There are two possible
interpretations.
Option 1. The intent is to prohibit residential development, etc., on
all the Escarpment slopes between the brow and the toe. Prominent in
this case would mean that it was “readily noticeable” or
“conspicuously”1 part of the Escarpment slope as defined by the Plan.
If this were the interpretation then development below the brow of the
Escarpment would not be permitted.
Option 2. The intent is to prohibit development only on the parts of
the slope that “stand out as to strike the attention” or distinguished
above others”2 then more analysis of the slope would be required to
determine which parts of the slope would qualify under these
circumstances.
The provisions of the Niagara Escarpment Planning and Development Act
and the treatment of the Escarpment slopes in the other designations
and through the Development Criteria of the Plan have to be considered
before determining the intent of the use of the word “predominant”.
The Niagara Escarpment Planning and Development Act
The purpose of the Niagara Escarpment Planning and Development 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 development occurs as is compatible with that natural
environment.”
Objective 8 (d) states that the objective to be sought in the Plan
Area is:
“to maintain and enhance the open landscape character of the Niagara
Escarpment so far as possible, by such means as compatible farming or
forestry and by preserving the natural scenery”.
The purpose and objectives of the Act which aim to protect, maintain
or enhance the Niagara Escarpment, have been translated into policies
of the Plan and addresses how development of the Escarpment slopes is
treated in other designations in the Plan.
Escarpment Recreation Areas
In the Escarpment Recreation Area associated with lakeshore
development new development is not allowed to encroach on the
Escarpment Natural Area e.g., the forested Escarpment slopes.
The principle of protecting the forested Escarpment slopes from
residential/commercial development is clearly established.
Escarpment Natural Area
The Escarpment Natural Area includes the forested Escarpment slopes
and forested land that extend 300 m (1000 ft.) above the brow. The
Escarpment Natural Area does not permit plans of subdivisions or in
fact new lots. The intent of this policy is to maintain the most
natural Escarpment features.
Escarpment Protection Area
Escarpment Protection Areas include the disturbed (cleared) Escarpment
slopes. Plans of subdivision and commercial development are not
permitted in the Escarpment Protection Area due to the physical and
visual disruption on the open landscape character.
To permit development on the Escarpment slopes in the Escarpment
Recreation Area would be inconsistent with the application of the
purpose and objectives of the Act as applied in the Plan.
Urban Area
Forested Escarpment slopes within Urban Areas of the Niagara
Escarpment Plan have been designated Escarpment Natural area. The
Urban Area Policies of the Plan prevent further encroachment of urban
development into the forested Escarpment slopes, even where those
slopes are within approved Urban Area boundaries, e.g., City of
Hamilton, the City of St. Catharines.
If the intent of the Plan were to protect the Escarpment slope within
approved Urban Areas it would be inconsistent to not protect a similar
feature in the Escarpment Recreation Area.
Minor Urban Centres
The Minor Urban Centres similarly intend to prevent growth and
development from extending into Escarpment Natural Areas and
Escarpment Protection Areas.
Part 2 Development Criteria
12.
Recreation
The objective of this criteria is to minimize any adverse impact of
recreation development on the Escarpment environment. One of the
objectives of the criteria is to ensure that all recreational
activities are designed and located ….to be compatible with the
natural and cultural character of the Area. Although intensive
recreational uses are intended to be concentrated in Escarpment
Recreation Areas, the criteria requires that such uses not “exceed the
carrying capacity of the site”.
Carrying capacity is defined in the Plan as the capacity of the site
to support uses without substantial negative impact on environmental
features such as water quality, natural vegetation, soil, wildlife
population and visual attractiveness.
These criteria establish that there are further tests to be applied to
recreational development that considers the environmental and visual
characteristics of the site.
Past Decisions
Since approval of the Niagara Escarpment Plan, the Commission has
generally interpreted the Plan to prohibit residential and commercial
development on the Escarpment slopes within the Escarpment Recreation
designation e.g., Talisman, Blue Mountain. There was one exception.
This was the approval of a town house complex on a terrace on the
Escarpment slopes in the Devil’s Glen Escarpment Recreation Area. Due
to the physical and visual impact on the Escarpment slope, this
development serves as a good illustration of the potential negative
impacts on the Escarpment landscape. It clearly shows that such
development does not reflect the above cited purpose and objective of
the Act.
It is staff’s opinion that development should not be permitted on the
Escarpment slopes which are defined in the Plan. To attempt to define
prominent Escarpment slopes and allow development on the remainder of
the Escarpment slopes in the Escarpment Recreation Area would be
inconsistent with the way in which the purpose and objectives of the
Act have been applied throughout the Plan Area as well as the past
interpretation of the provisions of the Escarpment Recreation
objectives.
RECOMMENDATION
That the Commission continue to interpret the Escarpment Recreation
Development Objective 1 such that the term “prominent” Escarpment
slope includes the Escarpment slope from the brow to the toe. This
would be consistent with the dictionary definition of “prominent” as
“readily noticeable or conspicuously”. (Option 1). To do otherwise
would be inconsistent with the purpose and objectives of the Act as
implemented throughout the other designations in the Plan.
(It should be noted that the application of the development criteria
contained in Part 2 of the Plan applied on a site by site basis may
further constrain areas that may be eligible for residential or
commercial development.)
APPENDIX B
Prominent Escarpment Slopes
Interpretation Criteria
The need for the identification of the prominent Escarpment slope
stems from Development Objective 1. of the Escarpment Recreation Area
designation of the Niagara Escarpment Plan, which states:
Except for plans of subdivision which have been draft or final
approved or for development which is permitted in existing secondary
plans on the day this plan was approved, development on prominent
Escarpment slopes shall be limited to those recreational facilities
such as ski runs, ski lifts, or slides which require the slopes for
the proper functioning of the operation.
There is no definition for prominent Escarpment slopes in the Niagara
Escarpment Plan. The identification of such slopes is generally
undertaken through the Official Plan/Secondary Plan conformity
exercise, or through site-specific interpretations. Either way the
following procedure is followed:
The following features and conditions are identified:
*
Geological brow, slope and toe of the Escarpment.
Definitions:
Escarpment Brow (edge) – the uppermost point of the Escarpment slope
or face. It may be the top of a rock cliff, or where the bedrock is
buried, the most obvious break in slope associated with the underlying
bedrock.
Escarpment Toe (base) – the lowest point on the Escarpment slope or
face determined by the most obvious break in slope associated with the
bedrock or landforms overlying the bedrock.
Escarpment Slope (face) – the area between the brow and toe of the
Escarpment and usually characterized by a steep gradient. Where the
rise occurs in the form of a series of steps, the slope also includes
the terraces between the steps.
*
Geomorphological influences.
*
Physical characteristics such as steps / terraces, breaks in
slope, degree of slopes.
*
Human factors such as existing residential land use, recreational
land use (ski trails).
*
Visual resource factors such as landscape evaluation, viewshed
analysis, scenic qualities.
*
Natural resource factors such as how lands contribute to the
purpose of the Niagara Escarpment Planning & Development Act:
To provide for the maintenance of the Niagara Escarpment substantially
as a continuous natural environment and to ensure that only such
development occurs as is compatible with that natural environment.
APPENDIX C
PROMINENT ESCARPMENT SLOPE INTERPRETATIONS
1.
North of Talisman Hotel / Amik / Old Smokey Area:
The toe of the prominent Escarpment slope in this area is the 250
metre contour.
The top of the prominent Escarpment slope is the 405 and 410 metre
contour.
References:
*
Interpretation regarding a proposed plan of Condominium
(G/R/95-96/75)
*
Interpretation for Euphrasia Township Official Plan Amendment # 1
*
Interpretation for Talisman regarding possible golf course
expansion
*
Interpretation for development of Old Smokey property
2.
Talisman Resort / Tubing Park Area:
The toe of the prominent Escarpment slope in this area is the 260
metre contour.
The top of the prominent Escarpment slope is the 405 and 410 metre
contour.
References:
*
Existing locations of hotel, day lodge, kids club
*
Interpretation for horse barn (G/C,L/93-94/125, G/L/96-97/43)
Talisman Hotel is located between the 250 & 255 metre contour
Day Lodge (G/L/86-87/89) is located between the 250 & 255 metre
contour
===============================================================
Kids Klub building & parking area (G/L/90-91/407) are located between
the 251 & 257 metre contour
Talisman’s horse barn and paddock were refused on the slope of the
Escarpment at the 268 metre contour. This was considered prominent
slope and the horse barn was not a use that required the prominent
slope for it’s functioning. The Horse Barn was eventually approved
(but never built) at a location south of the main property below the
250 meter contour.
Talisman’s tubing park: A Development Permit was issued for tubing
runs on the prominent Escarpment slope (G/L/96-97/57) in conformity
with Development Objective 1 for the Escarpment Recreation Area.
A base lodge (trailer) and parking lot for the Tubing Park was
approved for a location below the 260 metre contour (G/L/96-97/61).
This interpretation was based on the Commission’s decision on the
Desjardin property (see below).
3.
Desjardin Property
------------------
The toe of the prominent Escarpment slope runs through the Desjardin
property at the 260 metre contour.
Reference:
*
Prominent slope interpretation for Development Permit application
G/C/96-97/96.
The Commission approved the construction of a one storey, 8 unit new
building for guest rooms at a location at or below the 260 metre
contour (G/C/96-97/96).
4.
Iesalniek Property
The toe of the prominent Escarpment slope is at the 265 metre contour.
Reference:
*
Development Permit Application (G/R/99-00/197).
Development of this property was approved by the Commission, below the
265 metre contour, consistent with the interpretation of the toe of
the prominent slope for the Beaver Valley Official Plan, and the
location of the base lodge at the Beaver Valley Ski Club.
5.
Beaver Valley Ski Club
The toe of the prominent Escarpment slope varies across the base of
the Beaver Valley Ski Club (BVSC) area. The toe is the 265 metre
contour at the north end of BVSC lands and is maintained south to the
base lodge. South of the base lodge, the slope has been interpreted,
for mapping purposes, up and around the rear of the existing
residential lots to the Euphrasia/Artemesia Townline to acknowledge
the existing development on the prominent slope.
References:
*
Existing locations of the base lodge, and residential road
*
1994-5 interpretation for the Beaver Valley Official Plan.
*
Staff interpretation in response to proposed townhouse development
(deferred by BVSC)
The existing base lodge is at the 265 metre contour.
The staff recommendation for the toe of the prominent slope for the
proposed townhouse location was the 265 metre contour. (Note: The
Staff Report refers to the 270 metre contour, based on maps submitted
by the proponent. However, these maps are wrong - the OBM maps
(attached) show the interpreted toe, and the existing base lodge, at
the 265 m contour).
The top of the Escarpment slope at the north end of this area is
interpreted to follow the rear of the existing residential lots along
Windy Lane Drive in Lot 2, Concession 6 at the approximate 405 metre
contour. From the most southerly of these residential lots, the top of
the prominent Escarpment slope follows the approximate 410 metre
contour through the new “ski lift mound” recently constructed to the
northerly intersection of Brooke Glade Drive above “Avalanche” ski
trail.
From this point, the top of the prominent Escarpment slope is
interpreted to follow the rear of the existing, residential lots along
Bowles Bluff south to County Road 30. The rear (east) property
boundaries of these lots appear to generally follow the significant
break in slope of the Escarpment. The contour elevations varies from
approximately 400 metre contour at ‘Avalanche’ south to the 390
contour at County Road 30.
6.
Subdivision (Plan 838)
This subdivision (Plan 838) was dealt with by the NEC in 1983-84,
prior to the approval of the Niagara Escarpment Plan. The lots are
located on the prominent Escarpment slope. To recognize and identify
the existing development, for mapping purposes, the toe of the
prominent Escarpment slope was taken to the westerly limit of the
subdivision, excluding the ravine/hazard lands.
Reference:
*
Subdivision 42T-83001 (pre 1985 - date of NEP approval)
7.
South of Subdivision (Plan 838), Lot 24, Concessions 13 & 14,
Artemesia
The toe of the prominent Escarpment slope is the 270 metre contour
south to County Road 30 and south of the road into Concession 13.
8.
‘Vandeleur’ Property
The toe of the prominent Escarpment slope is the 290 metre contour.
The top of the prominent Escarpment slope is the 415 metre contour.
Reference:
*
Mapping provided by Vandeleur Ski Club consultants in Development
Permit application G/C,L/77/61
*
Staff air photo analysis
Development Permit application G/C,L,/77/61 submitted in 1977 by
Vandeleur Ski Club, conditionally approved by NEC. Mapping submitted
with the application, prepared by Snow Systems Engineering
Corporation, showed the toe and brow of the ‘natural Escarpment
feature’. The toe was shown at the 290 metre contour.
Note:
The general rise in the elevation of the toe of the prominent slope,
from the 250 m contour at the north end of the valley, to the 290 m
contour at the south end, is due to the general rise in overall
elevation of the valley floor. It is not due to any change in the
interpretation of the toe of the prominent Escarpment slope, and it
does not rise up the Escarpment feature itself.
9.
Town of The Blue Mountains
The location of the prominent Escarpment slope has been interpreted/
established for various development proposals in the Escarpment
Recreation Area in the Town of The Blue Mountains, e.g., Todd Brooker
Lodge, Schiff property/Alta subdivision, Castle Glen. Further work
has/is being done in conjunction with the Town of the Blue Mountains
Official Plan. (See the Staff Report dated March 20, 2003 - OPA # 2
Camperdown on OMB Mediation - Town of The Blue Mountains.)
APPENDIX D
March 20, 2003 POLICY PAPER
RE: INTERPRETATION OF “PROMINENT” ESCARPMENT SLOPES IN THE ESCARPMENT
RECREATION AREA
PURPOSE: The purpose of this report is to have the Commission confirm
its approach to the identification of "prominent" Escarpment slopes in
the Escarpment Recreation Area.
NIAGARA ESCARPMENT PLAN
The Plan states that:
1. "Except for plans of subdivision which have been draft or final
approved or for development which is permitted in existing secondary
plans on the day this plan was approved, development on prominent
Escarpment slopes shall be limited to those recreational facilities
such as ski runs, ski lifts or slides which require the slopes for the
proper functioning of the operation." (Part 1.8 Development Objectives
– Escarpment Recreation Area)
ISSUE
The intent of the Niagara Escarpment Plan's use of the word
"prominent" in referring to Escarpment slopes in the Escarpment
Recreation Areas.
DISCUSSION
The word ‘prominent’ is not defined by the Plan.
Escarpment slope is defined in the Plan as:
“the area between the brow and the toe of the Escarpment and usually
characterized by a steep gradient. Where the rise occurs in the form
of a series of steps, the slope also includes the terraces between the
steps.”
The Escarpment brow is defined as:
“the upper most point of the Escarpment slope or face. It may be the
top of a rock cliff, or where the bedrock is buried, the most obvious
break in slope associated with the underlying bedrock.”
The Escarpment toe is defined as:
"the lowest point on the Escarpment slope or face determined by the
most obvious break in slope associated with the bedrock or landforms
overlying the bedrock."
Two possible interpretations of the intent of the Plan are discussed
below. Common dictionary meanings of the word prominent are included.
Option 1 The Prominent Escarpment Slope recognizes the Escarpment
slope as a prominent feature as defined by the Plan
This option would rely on the definition in the Plan for Escarpment
brow, slope and toe to interpret prominent Escarpment slopes. This
interpretation would prohibit residential/commercial development on
all Escarpment slopes between the brow and the toe, unless it is an
approved/draft approved plan of subdivision, or is permitted by
Secondary Plans. Only uses that require the slope to function would be
permitted on the Escarpment slope, e.g., ski runs. Under Option 1,
prominent slopes would be interpreted to include land that is "widely
and popularly known ", “readily noticeable” or “conspicuous”3 as the
Escarpment slope as defined by the Plan.
The Plan's definition for brow and toe inherently address whether the
lands are readily noticeable or conspicuously part of the Escarpment
slope by the requirement to determine the "most obvious break in
slope" associated with either the "uppermost" or "lowest" part of the
Escarpment slope. Furthermore, the definition of slope clearly
includes the plateaus or terraces on the slope.
Option 2 The Prominent Escarpment Slope is only that part of the Slope
that can be seen (e.g., residential, commercial etc.)
This interpretation would permit residential and/or commercial
development on all parts of the Escarpment slope that are hidden from
view. Those parts of the Escarpment slope that “stand out as to strike
the attention” or "are distinguished above others”4 would not be
permitted residential development. This interpretation would suggest
that only those parts of the slope that are visually prominent need be
protected, maintained or enhanced.
The following provides an analysis of which option best reflects the
purpose and objectives of the Niagara Escarpment Planning and
Development Act and the objectives and policies of the Niagara
Escarpment Plan (Plan).
ANALYSIS
The following addresses the applicable provisions of the Niagara
Escarpment Planning and Development Act and the Plan.
1. The Niagara Escarpment Planning and Development Act (NEPDA)
The purpose of the Niagara Escarpment Planning and Development 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.”
The focus of the purpose of the Act is to ensure the continuity of the
natural environment of the Niagara Escarpment and to provide for
compatible forms of development. The purpose is not visually based.
An interpretation that prominent Escarpment slopes include only those
parts of the slope that can be seen would conflict with the above
cited purpose of the NEPDA.
2.
The Niagara Escarpment Plan
The purpose and objectives of the Act have been translated into the
designations and policies of the Plan. In order to apply a consistent
interpretation, it is important to consider how the Plan treats the
Escarpment slopes in other designations.
Escarpment Recreation Areas
The Objective related to ski hills was cited above and only permits
development that requires the slope to function on the prominent
Escarpment slopes. This recognizes the unique opportunity the
Escarpment slopes provide for ski slopes, and the maintenance of this
opportunity.
In comparison, in the Escarpment Recreation Area associated with
lakeshore cottage areas, new development is not allowed to encroach on
the Escarpment Natural Area or Escarpment Protection Areas, a
principle supported by the Hearing Officers in the review of the NE
Plan (1993).
The Escarpment Natural Area includes the forested Escarpment slope and
the Escarpment Protection Area includes the Escarpment slopes that
have been cleared of trees, usually for agriculture. Cottage and
commercial development are clearly prohibited from encroaching on the
designated Escarpment slopes. The distinction for ski areas is
intended to acknowledge the unique opportunity provided by the
Escarpment for skiing by allowing such uses to occur on the Escarpment
face. The same opportunity is not intended to be extended to the
associated residential and commercial uses. These uses are directed to
the lands above and below the Escarpment slope. Further, it is not the
intent of the Plan to create conflicting policy within the same
designation e.g., ski areas and cottage areas.
Escarpment Natural Area
The Escarpment Natural Area includes the forested Escarpment slopes
and forested land that extend 300 m (1000 ft) back from the brow. The
Escarpment Natural Area does not permit plans of subdivisions or in
fact new lots. The intent of this policy is to maintain the natural
environment on the Escarpment slope and land in its vicinity.
Escarpment Protection Area
Escarpment Protection Areas includes disturbed (cleared) Escarpment
slopes. Residential plans of subdivision and non-rural commercial
development (e.g., golf courses) are not permitted in the Escarpment
Protection Area.
Escarpment Rural Area
Escarpment Rural Areas include land in the vicinity of the Escarpment
and minor Escarpment slopes. Similarly, plans of subdivisions are not
permitted.
Urban Area
Escarpment slopes within Urban Areas of the Niagara Escarpment Plan
have been designated Escarpment Natural Area. The Urban Area policies
of the Plan prevent further encroachment of urban development onto the
Escarpment slopes. The policy states:
2.
New development shall not encroach into the Escarpment Natural or
Escarpment Protection Areas.
3.
New lots shall not be created to include the Escarpment Natural or
Escarpment Protection Area.
4.
Lots shall not be enlarged to extend into the Escarpment Natural
or Protection Area in order to provide more area for development.
(Section 1.7 Development Objectives)
It would be inconsistent if the Plan were interpreted to treat
Escarpment slopes in a different manner within the Escarpment
Recreation Area.
Minor Urban Centres
The Minor Urban Centres similarly prevent growth and development from
extending into Escarpment Natural Areas and Escarpment Protection
Areas. The Plan states:
2.
To generally direct the growth of villages, hamlets, and
settlement areas away from Escarpment Natural Areas and Escarpment
Protection Areas into Escarpment Rural Areas in a logical manner
with the least possible environmental and agricultural disruption.
(Part 1.6 Objectives)
And,
1. Development and growth, including the creation of new lots, shall
not extend into the Escarpment Natural Areas.
2. An exception may be made to include the Escarpment Natural Area
within the boundary of a Minor Urban Centre where it is not physically
logical to exclude an Escarpment Natural Area from a Minor Urban
Centre (e.g., river valley through a village). In this instance the
Escarpment Natural Area designation and its policies must be
incorporated into the official plan/secondary plan or development
proposal.
2.
Development and growth should generally not extend into Escarpment
Protection Areas but be directed to Escarpment Rural Areas in a
manner consistent with Escarpment Rural Area objectives.
(Section 1.6 Development and Growth Objectives)
The philosophy throughout the Plan designations is to protect the
natural environment of the Escarpment slopes in keeping with the
above-cited provisions of the NEPDA.
To permit development on the Escarpment slopes in the Escarpment
Recreation Area exclusively within ski centres would be inconsistent
with the application of the purpose and objectives of the NEPDA as
applied in the Plan and as demonstrated above.
Past Decisions
Since approval of the Niagara Escarpment Plan, the Commission has
generally interpreted the Plan to prohibit residential and commercial
development on the Escarpment slopes within the Escarpment Recreation
designation e.g., Beaver Valley and Talisman, Blue Mountain Recreation
Areas.
The Commission has recently supported the position that the proposed
Castle Glen Development Concept conflicts with the Niagara Escarpment
Plan. This decision was based, in part, on the interpretation that the
proposed residential and golf course development on the face of the
Escarpment above Lake of the Clouds and below the brow of the
Escarpment conflicted with the Niagara Escarpment Plan. (See attached
Figure 1)
The Commission has consistently interpreted the prominent Escarpment
slope on the basis of Option 1 and in accordance with the definitions
in the Plan (brow, slope, toe).
CONCLUSION
An interpretation that the "prominent" Escarpment slope in the
Escarpment Recreation Area includes only those slopes that are
visually prominent would:
*
Conflict with the Purpose of the Niagara Escarpment Planning and
Development Act.
*
Conflict with the Niagara Escarpment Plan's protection of the
natural environment of the Escarpment slope in other designations,
as well as in the Escarpment Recreation where it applies to
cottage development.
*
Conflict with the objective of the Escarpment Recreation Area
designation which is to minimize any adverse effects of
recreational activities on the Escarpment environment.
*
Would be inconsistent with the Commission's interpretation of this
provision.
RECOMMENDATION
That the Commission continue to interpret the term “prominent”
Escarpment slope in Escarpment Recreation Area to mean the Escarpment
slope from the brow to the toe as defined in the Niagara Escarpment
Plan, for the following reasons:
a.
This interpretation is consistent with purpose of the NEPDA, the
Plan, and the notion that the Niagara Escarpment is the prominent
feature intended to be protected by the legislation and Plan.
b.
This interpretation is consistent with the treatment of the
Escarpment slope in all other designations of the Plan including
the Escarpment Recreation Area where development (residential,
commercial, golf courses) is not permitted.
c.
This interpretation is consistent with the objective of the
Escarpment Recreation Area “to minimize any adverse effects of
recreational activities on the Escarpment environment”.
d.
It is consistent with the Commission's past interpretation.
Prepared By _________________ ___________________
Marion Plaunt Lynne Richardson
Senior Strategic Advisor Senior Planner
1 Webster’s New College Dictionary
2 Shorter Oxford Dictionary
3 Webster’s New College Dictionary
4 Shorter Oxford Dictionary

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