WHEREAS at its Board of Directors meeting on October 23, 2020, RES.#A164/20 approved the recognition of Toronto and Region Conservation Authority’s (TRCA) role as a watershed management and regulatory agency, and stewards of lands within TRCA’s jurisdiction, the Board of Directors does not support development within wetlands;
WHEREAS TRCA staff using a science-based approach to decision making and TRCA’s Living City Policies (LCP), would not customarily support the issuance of a permit in support of development within wetlands;
WHEREAS the Minister of Municipal Affairs and Housing (MMAH) issued a Minister’s Zoning Order (MZO) for the subject property on November 6, 2020, as Ontario Regulation 644/20;
WHEREAS Section 28.0.1 of the Conservation Authorities Act requires the Authority to issue permission for a development project that has been authorized by an MZO issued under the Planning Act, and where the lands in question are not located within the Greenbelt Area as identified through Section 2 of the Greenbelt Act;
WHEREAS Section 28.0.1 of the Conservation Authorities Act requires that the Authority shall not refuse to grant permission for a development project that has been authorized by an MZO, outside of the Greenbelt Area, under subsection (3) despite, (a) anything in Section 28 or in a regulation made under Section 28, and (b) anything in subsection 3(5) of the Planning Act;
WHEREAS Section 28.0.1(6) of the Conservation Authorities Act permits the Authority to attach conditions to the permission, including conditions to mitigate any effects the development may have on the control of flooding, erosion, dynamic beaches, or unstable soil or bedrock and/or in the event of natural hazard, might jeopardize the health or safety of persons or result in the damage or destruction of property;
WHEREAS Section 28.0.1(24) of the Conservation Authorities Act provides that where a permit is to be issued pursuant to Ontario Regulation 166/06, the applicant is required to enter into an agreement with the Conservation Authority;
WHEREAS Section 28.0.1(25) of the Conservation Authorities Act provides that the agreement shall set out actions or requirements that the holder of the permission must complete or satisfy to compensate for ecological impacts and any other impacts that may result from the development project;
WHEREAS it has been confirmed that the wetlands on-site are not Provincially Significant Wetlands (PSWs), are smaller than 0.5 ha in size, and the ecological function of the wetlands can, in staff’s opinion, be replicated with appropriate compensation nearby which is consistent with TRCA policy;
AND WHEREAS TRCA staff, in the absence of an approved MZO, would normally issue Section 28 Permits to facilitate topsoil stripping, rough grading, and the construction of temporary sediment ponds in preparation of future residential subdivisions, where it has been demonstrated that there will be no impact on the control of flooding, erosion, dynamic beaches, pollution, the conservation of land, or jeopardize the health or safety of persons or result in the damage or destruction of property;
THEREFORE, LET IT BE RESOLVED THAT AMMP Holdings Incorporated be granted permission through a Permit to interfere with wetlands, and conduct topsoil stripping, rough grading, and the construction of temporary sediment ponds in preparation of future residential subdivisions on the subject property, subject to the Standard Conditions within Attachment 7 and Additional Conditions within Attachment 8 hereto;
THAT TRCA staff seek full cost recovery in accordance with TRCA’s Administrative Fee Schedule;
AND FURTHER THAT the Board of Directors authorize the entering into of an agreement related to the Permit for the site works.