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HomeMy WebLinkAboutPLN 25-20Report to Planning & Development Committee Report Number: PLN 25-20 Date: December 7, 2020 From: Kyle Bentley Director, City Development & CBO Subject: Memorandum of Understanding between the City of Pickering and the Toronto and Region Conservation Authority regarding the administration and collection of fees and technical guidance in relation to the TRCA’s Guideline for Determining Ecosystem Compensation, June 2018 File: D-8000-046 Recommendation: 1.That Council approve the draft Memorandum of Understanding, contained in Appendix I to Report PLN 25-20, between the City of Pickering and the Toronto and Region Conservation Authority (TRCA) for the administration and collection of fees and technical guidance regarding the interpretation and calculation of compensation in terms of the TRCA’s Guideline for Determining Ecosystem Compensation, dated June 2018; 2.That the draft Memorandum of Understanding be forwarded to the TRCA’s Board of Directors for endorsement, prior to its execution; 3.That the Mayor and the City Clerk be authorized to execute the Memorandum of Understanding; and 4.That the appropriate City officials be authorized to take the n ecessary actions as indicated in this report. Executive Summary: This report relates to item #3 of Council Resolution #68/19 dated April 23, 2019, that directed staff to develop a Memorandum of Understanding (MOU) in consultation with the Toronto and Region Conservation Authority (TRCA) for the administration and collection of fees and technical guidance regarding the interpretation and calculation of compensation in accordance with the TRCA’s Guideline for Determining Ecosystem Compensation, dated June 2018. Staff is requesting that the Memorandum of Understanding, contained in Appendix I to Report PLN 25-20, be approved and executed. Background: On April 23, 2019, Council passed the following Resolution #68/19 in relation to Report PLN 07-19 (see Attachment #1): 1.That Council support the use of the TRCA’s Guideline for Determining Ecosystem Compensation, dated June 2018, as a technical guideline to determine compensation for ecosystem loss due to development impacts, where all options for protection have been exhausted, when required through conditions of draft plans of subdivision, zoning, land divisions, and site plans, with the exception of tree removal that falls under the purview of the City’s Tree Removal Compensation Fee; Report PLN 25-20 December 7, 2020 Subject: Draft Memorandum of Understanding Page 2 TRCA’s Guidelines for Determining Ecosystem Compensation 2.That the City collect compensation for ecosystem loss due to development impacts, where all options for protection have been exhausted , when required through conditions of draft plans of subdivision, zoning, land divisions, and site plans, under the circumstances set out in Table 1 in Report PLN 07-19; 3.That staff be authorized to develop a Memorandum of Understanding in consultation with TRCA regarding the administration and collection of the fees and technical guidance regarding the interpretation and calculation of compe nsation in terms of the Guideline; and 4.That staff be authorized to initiate an amendment to the Pickering Official Plan to introduce policies that address ecosystem loss and compensation due to development impacts, where all options for protection have been exhausted, on a city-wide basis. The purpose of this report is to seek Council’s approval of the draft Memorandum of Understanding, contained in Appendix I, between the City of Pickering and the Toronto and Region Conservation Authority (TRCA) for the administration and collection of fees and technical guidance regarding the interpretation and calculation of compensation in terms of the TRCA’s Guideline for Determining Ecosystem Compensation, dated June 2018. Subject to the subsequent approval by TRCA Board of Directors, the Memorandum of Understanding will be executed by the parties involved. Discussion: The background and basis for the development of the draft Memorandum of Understanding (MOU) are contained in Report PLN 07-19 dated April 1, 2019 (see Attachment #1). In response to item #3 of Council Resolution #68/19, City Development staff, with the assistance of the Senior Coordinator, Landscape & Parks Development and Legal Services, developed a draft MOU in consultation with TRCA staff. The review of the draft MOU went through various iterations. City and TRCA staff are in agreement with the contents of the draft MOU. A copy of the draft MOU is contained in Appendix I to Report PLN 25-20. The draft MOU follows a standard format addressing: Parties Involved; Purpose; Basis; Applicability; Duration; Management Guidance and Interpretation; Collection and Administration of Fees; and Monitoring and Reporting. The next steps is to execute and implement the MOU, subject to the approval of Pickering Council and the TRCA Board of Directors. In response to item #4 of Council Resolution #68/19 (see Background above), a recommendation to adopt City Initiated Official Plan Amendment 35 (OPA 35), is contained in Report PLN 24-20. The adoption of OPA 35 will provide a stronger planning policy basis to implement ecosystem compensation through the review of development applications, in accordance with the MOU. It is important to clarify that although TRCA is in the process of developing a memorandum of understanding in accordance with the Conservation Authority Act for the provision of programs and services on behalf of municipalities, the Act also allows for other agreement to be entered into with the municipality in respect of the programs and services, such as this MOU. Report PLN 25-20 December 7, 2020 Subject: Draft Memorandum of Understanding Page 3 TRCA’s Guidelines for Determining Ecosystem Compensation This report was prepared in consultation with the City’s Corporate Services and Engineering Services Departments. In order to effectuate the implementation of the MOU, staff request that the draft MOU contained in Appendix I be approved by Council, and that the Mayor and the City Clerk be authorized to execute the MOU once TRCA’s Board of Directors has endorsed it. Appendix Appendix I Draft Memorandum of Understanding Attachment 1.Report PLN 07-19 Prepared By: Approved/Endorsed By: Déan Jacobs, MCIP, RPP Catherine Rose, MCIP, RPP Manager, Policy & Geomatics Chief Planner Kyle Bentley, P. Eng. Director, City Development & CBO DJ:ld Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Interim Chief Administrative Officer Appendix I to Report PLN 25-20 Draft Memorandum of Understanding Memorandum of Understanding Ecosystem Compensation Implementation 1.Parties involved: The Corporation of the City of Pickering (the “City”) Toronto and Region Conservation Authority (“TRCA”) 2.Purpose: The purpose of this Memorandum of Understanding (“MOU”) is to clarify the roles and responsibilities of the City and TRCA in the City’s implementation of TRCA’s Guideline for Determining Ecosystem Compensation (the “Guideline”), dated June 2018, within the boundaries of the City of Pickering. These roles and responsibilities address: a)the collection and administration of ecosystem compensation fees; b)the mechanisms with which agreements and conditions may be made for ecosystem compensation; c)the types of natural features that may be the subject of ecosystem compensation; d)the location of natural features, whether inside or outside of TRCA regulated areas; e)the overlap with the City’s Tree Removal Compensation Fee; and f)the provision of technical guidance regarding the interpretation and calculation of ecosystem compensation in accordance with the Guideline. 3.Basis On April 23, 2019 the Council of the City, in accordance with Resolution #68/19 resolved: to support the use of TRCA’s Guideline for Determining Ecosystem Compensation, dated June 2018, as a technical guideline to determine compensation for ecosystem loss due to development impacts, where all options for protection have been exhausted, in accordance with conditions of draft plans of subdivision, zoning, land divisions, and site plans, with the exception of tree removal that falls under the purview of the City’s Tree Removal Compensation Fee; that the City collect compensation for ecosystem loss due to development impacts, where all options for protection have been exhausted, in accordance with conditions of draft plans of subdivision, zoning, land divisions, and site plans, under the circumstances set out in Table 1 in Report PLN 07-19; that City staff be authorized to develop a memorandum of understanding in consultation with TRCA regarding the administration of the fees collected and technical guidance regarding the interpretation and calculation of compensation in terms of the Guideline. Page 2 On xxx (insert date) through Resolution # xxx (insert date) the Council of the City adopted Amendment 35 to the Pickering Official Plan which added new policies and changed existing policies within the Pickering Official Plan with regard to ecosystem loss and compensation. 4.Applicability: a.Table 1 in Appendix I to this MOU clarifies the application of the Guideline in relation to the City’s Tree Removal Compensation Fee, and outlines which agency collects and administers the Ecosystem Compensation Fee by type and location of features to be removed. b.Ecosystem Compensation in accordance with the Guideline does not apply to buffer zones or vegetation protection zones associated with natural features identified on the Schedules of the Pickering Official Plan or through an environmental impact study. c.Where the Ecosystem Compensation Fee collected is to be used for planting or ecosystem improvement, the land base for planting or ecosystem improvement shall, as a first priority, be located on the same site where the removal is taking place, as a second priority, be located within the same watershed within the City of Pickering, or as a third priority, be located within the same watershed or another watershed that is within or partly within the City of Pickering. d.The Guideline shall not apply where removal of features and/or ecosystem functions without compensation has been determined as part of a previous approval under the Planning Act, or where compensation for the loss of the features and/or ecosystem functions has already been determined in accordance with an approved Master Environmental Servicing Plan or Environmental Assessment. Notwithstanding, the Guideline shall apply to any new or revised approvals under the Conservation Authorities Act permitting process. 5.Duration: a.This MOU takes effect on the date the parties sign this MOU. b.This MOU can be terminated in writing by either party, at any time and for any reason, provided that: i.in the event the City resolves to terminate this MOU, such authorization shall be obtained from the Council of the City, and in the event TRCA resolves to terminate this MOU, such authorization shall be obtained from the TRCA Board of Directors. If either party terminate this MOU in accordance with this Section, neither party shall be subject to penalties or liabilities arising from such termination; Page 3 ii.where any compensation in accordance with the Guideline has been collected prior to or at the time of termination of this MOU, such compensation amount shall continue to be administered in accordance with the applicable conditions of draft plans of subdivision, zoning, land divisions, or site plan approval, or as agreed upon through the Environmental Assessment or Conservation Authorities Act permitting process or other agreement as further described in Section 8(b) of this MOU. 6.Management: The following persons are appointed to manage/administer the compensation process: The City of Pickering: The Director, City Development & CBO or designate; TRCA: TRCA Development Planning and Permits or Infrastructure Planning and Permits staff. 7.Guidance and Interpretation regarding Compensation for Ecosystem Loss: a.Technical guidance regarding the interpretation of the Guideline and determining compensation payable for ecosystem loss, shall be provided to the City, by TRCA staff authorized for such purposes. b.There will be no extra costs charged to the City or the proponent regarding the interpretation of the Guideline and determining compensation for ecosystem loss. c.In the event of a dispute or disagreement regarding the amount of compensation payable with regard to the land base component of ecosystem compensation, TRCA or the City, whichever party is responsible, may at their discretion, procure their own appraisal with the costs borne by the development proponent. 8.Collection and Administration of Fees: a.Table 1 in Appendix I to this MOU clarifies which party collects and administers the compensation fee and administration fee (where applicable). b.The party that collects a compensation fee for planting or ecosystem improvement shall be responsible for the planting or ecosystem improvement, including the land base component (if applicable), in accordance with an agreement to be entered into with the development proponent, stipulating where the planting or ecosystem improvement shall occur and the timeframe associated. Section 3.1 (Agreements) of the Guideline outlines the factors to be considered when contemplating such agreements. c.Financial record of each planting or ecosystem improvement project/program undertaken in accordance with section 3.2 of the Guideline, shall be maintained by the relevant party. Page 4 9.Monitoring and Reporting: a.Meetings between the parties shall be held at least once every 12 months, for purposes of monitoring and reporting, tracking, and evaluation to gauge success and inform program improvements. b.Monitoring shall be undertaken by the party that received the compensation funds after completion of the Guideline’s costs breakdown process, whether that is TRCA or the City, following 1, 3, and 5 years after construction and/or planting is complete in accordance with section 3.2 of the Guideline. 10.This MOU shall be made available to the public on request. Signature & Date Signature & Date The Corporation the City of Pickering Toronto and Region Conservation Authority Table 1 Appendix I Location of Feature & Implementing Mechanisms What Features and/or Ecosystem Functions? Tool Who Collects and Administers the Compensation Fee? Within the City of Pickering (outside TRCA’s regulated area1), through a City condition of site plan approval, draft plan of subdivision, zoning, or land division Individual trees2 Council’s adopted Tree Removal Compensation Fee The City of Pickering Within the City of Pickering (outside TRCA’s regulated area1), through a City condition of site plan approval, draft plan of subdivision, zoning, or land division Significant Woodlands, woodlands, areas of natural and scientific interest, and other non-regulated1 features, and their related ecosystem functions, (which could include the associated land base) TRCA’s Guideline The City of Pickering, except that any compensation collected in relation to lands or features within the Seaton Natural Heritage System, as shown on the Schedule I of the Pickering Official Plan will be collected and administered by TRCA Within the City of Pickering (inside TRCA’s regulated area1), through TRCA permit process, a condition of site plan approval, draft plan of subdivision, zoning, or land division Individual trees2 Council’s adopted Tree Removal Compensation Fee The City of Pickering Location of Feature & Implementing Mechanisms What Features and/or Ecosystem Functions? Tool Who Collects and Administers the Compensation Fee? Within the City of Pickering (inside or the majority inside TRCA’s regulated area1), through TRCA permit process, a condition of site plan approval, draft plan of subdivision, zoning, or land division Significant Woodlands, woodlands, wetlands, valley lands, shorelines, areas of natural and scientific interest, and their related ecosystem functions, (which could include the associated land base) TRCA’s Guideline TRCA Within the City of Pickering (outside or the majority outside TRCA’s regulated area1), through TRCA permit process, a condition of site plan approval, draft plan of subdivision, zoning, or land division Significant Woodlands, woodlands, wetlands, valley lands, shorelines, areas of natural and scientific interest, and their related ecosystem functions, (which could include the associated land base) TRCA’s Guideline The City of Pickering, except that any compensation collected in relation to lands or features within the Seaton Natural Heritage System, as shown on the Schedule I of the Pickering Official Plan will be collected and administered by TRCA Note 1: TRCA’s Regulated Area – the text of TRCA’s Ontario Regulation 166/06 describes the areas that are regulated , which prevails over the mapping. Features and hazards do not have to be shown on TRCA Regulated Area mapping to be regulated. Note 2: The term “Individual trees” refers to trees with a caliper of 15 centimetres or more, that do not functionally form part of significant woodlands (identified on Schedule IIIB of the Pickering Official Plan) or other woodlands that are neithe r mapped on Schedule IIB of the Pickering Official Plan nor defined as being “significant”. Attachment #1 to Report #PLN 25-20