Lecture 3 - Ontario Municipal Class EA - Jawad Butt PDF

Lecture 3 Jawad Butt M.Eng. Civil (UOT), PMP [email protected] 1  LECTURE OBJECTIVES Class Environmental Assessments For Municipal Projects. Approvals & Permits Required For Projects Executed By Government Agencies (Municipalities, MTO, Metro...

Lecture 3 Jawad Butt M.Eng. Civil (UOT), PMP [email protected] 1  LECTURE OBJECTIVES Class Environmental Assessments For Municipal Projects. Approvals & Permits Required For Projects Executed By Government Agencies (Municipalities, MTO, Metrolinx, Infrastructure Ontario, etc.) Approvals & Permits Required For Private Building Projects. The Expropriations Process 2 Class Environmental Assessments For Municipal Projects 3  Class Environmental Assessments The Ontario Environmental Assessment Act requires Ontario municipalities to complete an EA when undertaking capital works projects. Over the long term, environmental assessment provides decision makers with the kind of information they need to approve projects that are suitable with a healthy, sustainable environment for both present and future generations. 4  Class Environmental Assessments A Class EA is a set of requirements put in place to standardize the planning process for specific types of projects that are carried out routinely and have predictable environmental effects that can be readily managed. Projects defined within a Class EA category require no further project specific environmental approval and may proceed conditional upon being planned and executed in compliance with the procedures set out in the Class EA requirements provided by the Ministry of Environment, Conservation and Parks (MECP) 5  Categories of Class EAs 1. Environmental assessment requirements for forest management on Crown Lands in Ontario 2. GO Transit 3. Activities of the Ministry of Northern Development and Mines under the Mining Act 4. Minor transmission facilities 5. Municipal infrastructure projects 6. Provincial parks and conservation reserves 7. Provincial transportation facilities 8. Public work 9. Remedial flood and erosion control projects 10. Resource stewardship and facility development projects 11. Waterpower projects 6  Municipal Projects All Municipalities divided their projects into three schedules: – Schedule A: projects are limited in scale, have minimal adverse environmental effects and include a number of normal or emergency municipal maintenance and operational activities. These projects are preapproved and may proceed to implementation without following the full Class EA planning process. 7  Municipal Projects – Schedule B: projects have the potential for some adverse environmental effects and generally include improvements and minor expansions to existing facilities The proponent (municipality) is required to undertake a screening process, involving mandatory contact with directly affected public and relevant review agencies, to ensure that they are aware of the project and that their concerns are addressed. If there are no outstanding concerns, then the proponent may proceed to implementation. 8  Municipal Projects – Schedule C: projects have the potential for significant environmental effects and generally include the construction of new facilities and major expansions to existing facilities. These projects must proceed under the full planning and documentation procedures specified in the Class EA document. These projects require that an Environmental Study Report (ESR) be prepared and filed for review by the public and review agencies. 9  Municipal Class EA There are five phases/steps in the Municipal Class EA process: – Phase1: Identify the problem (deficiency) or opportunity. – Phase 2: Identify alternative solutions to find a preferred solution. – Phase 3: Examine alternative design concepts for the preferred solution. – Phase 4: Preparation of Environmental Study Report (ESR). – Phase 5: Implementation (contract drawings and documents, construction and operation). Schedule A Projects only require completion of Phase 1 & 5. Schedule B Projects must complete Phase 1, 2 & 5. Schedule C Projects must complete all Phases 1-5. Public consultation is mandatory for Phases 2,3 & 4. Public consultation for Phases 1 and 5 is optional but recommended for all of projects. 10 11  Environmental Study Report (ESR) The Environmental Study Report (ESR) provides recommendations on: – The need and justification for the proposed project. – The best route for the project which causes the least environmental damage. – Mitigation measures for the various impacts caused by the execution of the project, such as: Provision of sound barriers , where required, for adjacent population, etc.  PUBLIC CONSULTATION Public consultation early in and throughout the Class EA process is a key component of environmental assessment planning. Public consultation plans include: Notice of Study Commencement: that indicates that a study has been initiated and that there will be an open house to identify the problem/opportunity and review the process. Notice of Public Consultation Centre / Public Information Center (PIC) : for Schedule C projects only, is held to review the alternative designs and the possible impacts of the designs on the environment to assist in the selection of the preferred design for the chosen solution. 13  PUBLIC CONSULTATION Notice of Completion: occurs at the end of Phase 2 for Schedule B projects and the end of Phase 4 for Schedule C projects. – This notice shall clearly state the review period of the ESR (minimum 30 calendar days) on public records and the date by which submissions or requests for an order are to be received. 14 15 16 17  Class Example – Municipal Class EA – King Street Realignment – Evaluation of Various Alternatives/ Solutions To Find A Preferred Alternative / Solution 18 19 20 21 22 23 24 25 26 27 28 29  Approvals & Permits Required For Projects Executed By Government Agencies (Municipalities, MTO, Metrolinx, Infrastructure Ontario, etc.) 30  Other Approvals & Permits Required For Projects Executed By Government Agencies 1. The Transit Project Assessment Process (TPAP) 2. Environmental Compliance Approval (ECA) 3. Permit To Take Water (PTTW) 4. Highway Corridor Management Permits - Ministry of Transportation (MTO) 31 1-The Transit Project Assessment Process (TPAP) The TPAP is an expedited Environmental Assessment (EA) process applicable to the transit projects and involves a pre-consultation phase followed by a regulated 120-day TPAP phase whereby the environmental effects of the project are analyzed. 32 1-The Transit Project Assessment Process (TPAP) Environmental studies are carried out as part of the TPAP phase to examine the effects of the project on the environment. The results of these studies will be presented in the mandatory public meetings and will be available for public review within the Environmental Project Report. 33 34  2-Environmental Compliance Approval (ECA) An Environmental Compliance Approval (ECA), formerly known as a Certificate of Approval is a permit issued by the Ministry of Environment, Conservation and Parks (“MECP”) and is required by: – All facilities that emit air or noise or any other contaminant in the environment. – Sewage projects or wastewater treatment plants – Unique types of operations, such as landfill sites – Etc. 35  3-Permit To Take Water (PTTW) By law, you must have a permit from the Ministry of Environment, Conservation and Parks (“MECP”) if you plan to dewater 50,000+ litres of water in a day from the environment. This includes taking water from: Groundwater Any water body such as river, lake, stream, pond Permit to Take Water (PTTW) is issued under Section 34 of the Ontario Water Resources Act (OWRA) and its purpose is to ensure the conservation, protection, wise use and management of the waters of the province. 36  Permit To Take Water (PTTW) Section 34 also contains other important provisions, such as: – Protecting Watersheds - All tertiary watersheds in Ontario have been classified as high-use, medium-use or low-use, based on average annual conditions and summer low flow conditions. Taking water in a high-use watershed, for example, could be temporarily suspended during summer low flow conditions. – Documentation of Water Conservation Measures During Dewatering - Anyone applying for a permit required by the Ministry must document in their application all water conservation measures and practices that have already been undertaken or will be undertaken for the duration of the permit. 37  Permit To Take Water (PTTW) – Report Water Takings - Permit holders will be required to keep track, with the help of a flow meter, of the volume of water they take each day. – Notifying others - The Ministry notifies all affected municipalities and conservation authorities of permit applications posted on the Environmental Bill of Rights Registry. 38  Permit To Take Water (PTTW) Permits will not be issued for activities that would: negatively affect existing users negatively affect the environment remove water from a watershed that already has a high level of use 39  4-Highway Corridor Management Permits - Ministry of Transportation (MTO) The Ministry of Transportation of Ontario (MTO) is responsible for managing the provincial highway corridor (entrance and exit ramps as well as the right of ways) network. Through the application of legislation, policies, and guidelines, the ministry supports economic growth while ensuring the safe and efficient movement of people and goods across the province, which is instrumental in connecting communities and improving quality of life for all Ontario residents. Responsible growth is supported by the two primary functions of Highway Corridor Management: – Land Development Review (municipal land use planning matters, development applications to municipality) – Highway Corridor Management Permits (application review and administration) 40  Highway Corridor Management Permits - Ministry of Transportation (MTO) If developers, municipalities, utility companies or the general public are planning a construction project on or near a provincial highway then a permit is required from the Ontario Ministry of Transportation. There are four types of Highway Corridor Management permits: – Sign: If you are planning to erect or alter a sign or advertising device on a property within 400m (¼ mile) of any provincial highway right-of-way, you may require a permit. There are certain restrictions as to setback, size and location, that are considered when issuing sign permits. – Building and Land Use: Building and land use permits are available for either commercial developments or residential developments. If you are considering commercial or residential constructing or renovating a house / barn / shed, drilling a well, installing a swimming pool or underground storage tanks, etc. close to or adjacent to a provincial highway, you may require a residential building and land use permit. 41 Highway Corridor Management Permits - Ministry of Transportation (MTO) – Entrance: The ministry controls all residential and commercial entrances to provincial highways and all entrances must be constructed to ministry standards.  You may not construct an entrance to a provincial highway without a ministry entrance permit. You also require an entrance permit if you have purchased a property that has an existing access to a provincial highway, as entrance permits do not change ownership with title.  If you are planning to construct an entrance to a highway from a commercial development, upgrade an existing residential entrance to a commercial entrance, or modifying an existing commercial entrance, etc., an entrance permit is required. 42 Highway Corridor Management Permits - Ministry of Transportation (MTO) – Encroachment: Typically, an encroachment is any installation or works, upon, under or within the limits of a provincial highway right-of-way placed by someone other than MTO.  Encroachments may include signs, survey work, banners, acceleration and deceleration lanes, curbs, gutters, sidewalks, safety islands, sewers, pipelines, coaxial or fibre optic cable, or other works or structures that may during the construction, installation, or maintenance thereof, obstruct, cause material to be deposited upon, enter upon, take up, bridge over, tunnel under or in any way interfere with the land within the limits of a highway or the roadway or any structure forming a part of the highway. 43 Approvals & Permits Required For Private Building Projects. 44  Sequence of Permits For Building Projects Site Plan Approval / Site Plan Approval + Plan of Condominium Approval / Site Plan Approval + Plan of Sub-Division Approval Site Entrance Permit (if applicable) Tree Cutting Permit (if applicable) Grading & Site Servicing Permit (if applicable) Building Permit 45 Site Entrance Permit 46  Site Entrance Permit Once the project owner wishes to mobilize on the site, an entrance permit has to be obtained from the Municipality. An Entrance Permit is required to: – Build a new entrance to your property from a Regional or Municipal Road. – Change the location of an existing entrance to your property from a Regional or Municipal Road. 47 48 Site Plan Drawing 49  Site Entrance Permit The procedure for getting an entrance permit includes: – Submitting a Entrance Permit Application. – Staking out the proposed entrance on the site with stakes painted with a bright fluorescent color. 50  Site Entrance Permit – The application is reviewed by the Municipality/Regional Transportation Department and once the Municipality inspector has visited the site and approved the entrance stakeout, the applicant is called to pay the required fees and get the Entrance Permit. – The Permit that will be issued is normally valid for one (1) year from the date of issuance and the entrance has to be constructed within this time period. 51  Site Entrance Permit – The Applicant is responsible to perform work as per the approved permit which normally involves: a curb cut sidewalk adjustment removal of trees and shrubs from the entrance (if applicable). 52 53 Curb Cut Being Carried Out 54  Tree Cutting Permit You need a permit to remove trees on your private property if you’re removing one or more trees 15 cm (6 inches) or greater in diameter, including dead or dying trees. When reviewing a tree permit application, the City takes into consideration many factors. Some of the most common criteria include but aren’t limited to:  Reason for removing the tree  Condition, species and location of the tree  Does the tree(s) conflict with a development application?  Is the tree causing damage to a property that can’t be mitigated through proper arboricultural practices?  The existing canopy cover on the subject lot 55 56 57 Grading & Site Servicing Permit 58  Grading & Site Servicing Permits Prior to getting the building permit for the site, the following permits are normally obtained separately: – Grading & Civil Site Servicing Permit Once this permit has been obtained the Grading & Civil Site Servicing work may be started on the site. – Electrical Site Servicing permit Obtained from the local Hydro Department & Electrical Safety Authority. Once this Grading & Civil Site Servicing work may be started on the site. 59 60 Building Permit 61  Building Permit A Building Permit is a formal permission from the City Building Department to begin construction and is required prior to all types of construction activity such as new construction, demolition, addition or renovation. In order to apply for the Building Permit, the Project Owner has to submit the following drawings to the Building Department of the Municipality: – Detailed Architectural drawings – Structural drawings – Mechanical drawings – Electrical drawings 62  Building Permit The above mentioned review is carried out to ensure that the design complies with: – Ontario Building Code – Fire Code – Applicable safety and other regulations Other Departments such as Hydro Department, Electrical Safety Authority and Fire Department are also involved in the review of the related drawings during the Building Permit application process. 63  Commitment To General Reviews & Undertakings The building permit application is accompanied by: – Commitment To General Reviews by the project consultants which informs the Municipality as to which consultants are responsible for this project and shall be signing off on it upon completion. – Additional undertakings taken by the Municipality from the Structural & Mechanical Consultants certifying that the Structural & Mechanical Drawings comply with the required codes. 64 65  Phasing Of The Building Permit Some times in order to facilitate the construction at site, the the Building Permit may be obtained in a phased manner , i.e. a foundation permit is issued in advance of the superstructure permit so that the foundation work may start while the drawings for the remaining superstructure are being reviewed for approval. The Building Permit must be displayed at a conspicuous place by the site superintendent on the site, normally at the site trailer. 66 67  Inspection List Provided With The Building Permit The Building Permit always includes a name list, along with contact information, of the various city inspectors that have to be called for inspections at different construction stages (Building, Plumbing, HVAC, Life Safety, etc.). 68  -Identify the common equipment found on road construction sites and their function. 69 The Expropriation Process  Expropriation "Expropriation" means the taking of "land (property)“, without the consent of the "owner of the land (property)“, by an "expropriating authority“(normally the Crown) in exercise of the statutory powers given to it under the Expropriations Act. However, the expropriating authority must pay compensation to the owner for the property expropriated. Property is expropriated normally for government use or economic development. The most common uses of property taken by expropriation are for public utilities, transportation corridors, and public facilities.  Expropriation Typically, the decision to expropriate a property usually follows a period of Environmental Study pursuant to the Environmental Assessment Act. The Environmental Study also defines the extent of the anticipated property requirements necessary to complete the project. Often, the first notice to a landowner that his or her property may be needed for a project comes through the public consultation process required by the Environmental Assessment Act.  Expropriation A well advised landowner will use the public consultation opportunity, before the expropriating authority’s property requirements are established, to influence the selection of the “preferred” alternative so as to minimize the impact of the eventual expropriation on his or her particular property. This can be accomplished through discussions with experts retained by the authority to conduct the investigation, or through the use of the “bump- up” or appeal process set out in the Environmental Assessment Act.  Expropriation Once the property limits are defined and the “preferred” alternative recommended in the Environmental Study Report is approved, most expropriating authorities will engage property agents who will approach the impacted property owners with a view to purchasing the required lands. Steps In The Expropriation Process 1. Notice of Application for Approval to Expropriate Land 2. Hearing Of Necessity 3. Registration of Plan of Expropriation 4. Notice of Expropriation and Election 5. Notice of Possession 6. Compensation For Expropriated Lands  Notice of Application for Approval to Expropriate Land. The first step in the formal expropriation process is for the expropriating authority to serve upon the registered owners of lands a Notice of Application for Approval to Expropriate Land. The expropriating authority is required to publish the Notice of Application for Approval to Expropriate once a week for three consecutive weeks in a newspaper having general circulation in the locality in which the lands are as situated.  Hearing Of Necessity Once an owner is served with the Notice of Application for Approval to Expropriate Land, an owner has 30 days to request what is commonly referred to as a “hearing of necessity”. The hearing of necessity indicates that, if an owner has requested a hearing in writing, the approving authority shall refer the matter to the Chief Inquiry Officer who must appoint an inquiry officer to hear the matter. At the hearing of necessity, the expropriating authority must demonstrate, to the satisfaction of the inquiry officer, that the proposed expropriation is “fair, sound and reasonably necessary in the achievement in the objectives of the expropriating authority”.  Hearing Of Necessity The purpose of a hearing of necessity is not to determine what compensation is payable to an owner, or whether an expropriating authority has made an adequate offer of compensation. Rather, the inquiry is directed toward the question of whether the proposed expropriation is “reasonably defensible” in the circumstances.  Registration of Plan of Expropriation Once an expropriation is approved by the approval authority, the expropriating authority has 3 months to register a Plan of Expropriation signed by an expropriating authority and by a land surveyor in the Land Registry Office. The registration of the Plan of Expropriation is significant in a number of respects. First, upon registration of the plan, legal title to those lands expropriated by the plan vests with the expropriating authority.  Notice of Expropriation Once a Plan of Expropriation is registered, then within 30 days the expropriating authority will serve Notices of Expropriation and Election upon the property owner. The Notice of Expropriation simply notifies the owner that the property has been expropriated, that the legal title of the property is now vested with the expropriating authority that the expropriating authority will be entering the expropriated property for the purposes of viewing and appraisal.  Notice of Election The Notice of Election provides the property owner with an opportunity to elect the valuation date for the purposes of the determination of compensation. If the owner’s consent to the entry is refused, the expropriating authority has the power to apply to the Ontario Municipal Board for an Order permitting access to the property for the purposes of appraisal, which may include the power to conduct environmental testing.  Notice of Possession Typically, an expropriating authority will deliver a Notice of Possession at the same time as the Notices of Expropriation and Election are served. The Notice of Possession must specify a date for possession that is: – At least 3 months after the date of the service of the Notice of Possession, and in any event is – After an offer of compensation for the expropriation has been made by the expropriating authority. Compensation For Expropriated Lands The Expropriations Act requires the expropriating authority to base its offer of compensation on an appraisal report reflecting the market value of the lands being taken and any damages for injurious affection, if applicable. The expropriating authority is required to furnish the appraisal report to the owner along with the offer. Once the offer has been served, the owner must decide whether to select one of two options: Compensation For Expropriated Lands (1) accept the offer in full and final settlement of any and all claims under the Expropriations Act; or (2) accept the offer as compensation for the market value of the lands expropriated "without prejudice", in other words, while preserving the right to claim additional compensation from the expropriating authority. It usually takes 4 weeks or more for the expropriating authority to arrange for payment of the offer.  Compensation Claims Besides the market value of the land the owner is also entitled to the following compensations: – The damages attributable to disturbance – The damages for injurious affection – Any special difficulties in relocation. – Other Items of Compensation There is also a provision in the Expropriations Act for payment of other reasonable expenses actually incurred upon final settlement, such as lawyer fees and appraisal fees. In addition, interest is payable at a rate of 6% simple interest on outstanding compensation.  Injurious Affection Where only a portion of a property has been expropriated, owners may also be entitled to compensation for "injurious affection," which is the reduction in market value caused to the owner's remaining land as a result of the taking. The market value of the owner's remaining property may be affected in many ways. For instance, the remaining land may be of an awkward size and shape, or it may be affected by the construction or use, or both, of a public work by an expropriating authority. 87  Limitation Period For Injurious Affection Perhaps one of the most important limitation periods imposed by the Expropriations Act is the requirement of an owner to notify the expropriating authority, in writing, of the particulars of a claim for injurious affection within one year after the damage was sustained or after it became known to the person.  Adjudication Of Claims & Board of Negotiation Pursuant to the Expropriations Act, the Ontario Municipal Board (OMB) is charged with the responsibility to adjudicate expropriation compensation claims. Board of Negotiation : Before the OMB can open a new expropriation compensation matter, the expropriating authority and the owner must have either gone through a proceeding before a specialized tribunal known as the Board of Negotiation, or else have waived the requirement to proceed before a Board of Negotiation. – The Board of Negotiation is intended to provide an informal opportunity to the landowners and expropriating authorities to mediate or resolve outstanding claims for compensation without having to incur the legal costs. Thank You 90