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Home My WebLink AboutHK - 2012-10-02 - Regional Draft of the Implementation Guideline for Cultural HerÐÔßÒÒ×ÒÙô ØÑËÍ×ÒÙ ßÒÜ ÝÑÓÓËÒ×ÌÇ ÍÛÎÊ×ÝÛÍ Ý±³³«²·¬§ Í»®ª·½» Ü¿¬»æ ß«¹«¬ íðô îðïî MEMORANDUM To: Community Stakeholders From: Kate Hagerman, Cultural Heritage Specialist Lucille Bish, Director of Community Services Re: Regional Implementation Guideline for Cultural Heritage Landscape Conservation - Public Consultation on First Draft ____________________________________________________________________________ AnImplementation Guideline for Cultural Heritage Landscape Conservation is being developed by the Region of Waterloo to provide guidance to development applicants, the Regional Heritage Planning Advisory Committee (HPAC), Municipal Heritage Advisory Committees (MHAC), and Regional and Area Municipal staff, in the conservation of significant Cultural Heritage Landscapes (CHLs) in the Region of Waterloo through identifying, documenting, designating and incorporating the CHL into the existing heritage review process. A CHL is defined in the Provincial Policy Statement (2005) as a geographical area of heritage significance which has been modified by human activities and is valued by a community. It involves a grouping of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together form a significant type of heritage form, distinctive from that of its constituent elements or parts.Examples may include, but are not limited to Heritage Conservation Districts, villages, parks, gardens, battlefields, main streets and neighbourhoods, cemeteries, trailways and industrial complexes of cultural heritage value. Through the Provincial Policy Statement (PPS), the Province of Ontario requires that significant CHLs be conserved. The Regional Official Plan (ROP) adopted by Council in 2009 includes policies to ensure that CHLs will be conserved within the Region. The Implementation Guidelinefor CHL Conservation provides detailed guidance on the application of the CHL policies in the Regional Official Plan and a common framework that all municipalities in the Region will use to conserve CHLs. CHL conservation will result in several refinements to the existing heritage review process which is undertaken during the development review and Environmental Assessment processes. The refinements will support future development by ensuring that CHLs are proactively identified, effectively documented and able to be efficiently assessed. Designating a CHL does not change the permitted uses for a property, but will require that the impacts of proposed development be assessed and if necessary mitigated. Background Information Implementation guidelines are policy tools that provide detailed guidancein the application of Regional Official Plan policies. This Implementation Guideline outlines the existing policy context and 1228266 1 ì ó ï a proposed CHL conservation process for the Region of Waterloo, and provides guidance for the implementation of Regional Official Plan policies 3.G.5, 3.G.6 and 3.G.7 through the following sections which comprise the Implementation Guideline: - Guideline for the Identification and Evaluation of CHLs - Guideline for the Preparation of a CHL Technical Study - Guideline for the Designating CHLs in an Official Plan - Guideline for the Conservation of a CHL through a Cultural Heritage Impact Assessment Implementing the ROP CHL policies as outlined in the Implementation Guideline will refine the current heritage review process to include CHL conservation during both the Environmental Assessment and development review processes as outlined below. Implications of CHL Conservation Designating a CHL does not change the permitted uses for a property, but will require that the impacts of proposed development be assessed through the existing heritage review process, and if necessary mitigated. Heritage review currently takes place within both the development review and Environmental Assessment (EA) processes. Identified cultural heritage resources in areas proposed for development or public works projects are flagged during the pre-consultation process or in the Preliminary Design Report (PDR). If the proposed development or public works project has a potential negative impact on the identified cultural heritage resources, a Cultural Heritage Impact Assessment (CHIA) may be required to support the development application or to meet EA requirements. CHIAs assess the impacts of the proposed development on identified cultural heritage resources and recommend measures for their conservation. The assessments are required and reviewed by Area Municipal and where appropriate Regional staff. Where a Municipal Heritage Advisory Committee (MHAC) exists, the MHAC may also be asked to review and provide comments on CHIAs. HPAC is circulated and comments on CHIAs for projects and proposed development that may impact heritage resources of Regional interest. The CHIA, with accompanying comments, is used by municipal staff in reviewing the proposed development application or public works project. Currently, the conservation of CHLs is being addressed in the heritage review process in an informal n the attached Implementation Guideline will refine the existing heritage review process to include a landscape perspective. The refinements will support, not inhibit, future development by making the process both more efficient and effective. Through the Implementation Guideline: Area Municipalities are directed to proactively identify and document CHLs, and to formally recognize CHLs through designating CHLs in their Official Plan. These requirements ensure that CHLs are recognized early and included during the heritage review process. Guidance is provided for effectively documenting each CHL to ensure that landscape based information is available during the heritage review process, and on how to undertake a CHIA for aCHL.As a result, required CHIAs will bemore focused, comprehensive and constructive. The majority of CHLs are expected to be identified in areas where heritage review is already required due to the presence of individual heritage resources; the number of CHIAs required is not expected to significantly increase. Conservation of CHLs, as with the conservation of any cultural heritage resources in Waterloo Region, provides for: a higher quality of life; a stronger and more defined regional identity; a wealth of social, environmental and economic opportunities; and a broader foundational understanding of the people and places of our past. 1228266 2 ì ó î Development of the First Draft Implementation Guideline for CHL Conservation The development of the First Draft of the Implementation Guideline for CHL Conservation is the culmination of many years of work. Beginning in 2004, the Region initiated discussions on cultural heritage landscapes as one form of heritage resource within the Region to be conserved. The Region hosted a workshop for heritage planners in conjunction with the Heritage Resources Centre at the University of Waterloo and circulated a CHL Discussion Document in 2005 (P-05-034). In 2006, a consultant was hired to undertake an initial inventory of Candidate CHLs of Regional significance and to suggest a policy framework for conserving CHLs through identification, assessment, protectionCultural Heritage Landscapes in Waterloo Region: A Framework for Inventory, Assessment and Policy was circulated to Area Municipalities for information and provided a foundation on which to discuss a preferred Regional approach to CHL conservation. The subsequent consultations resulted in a strong consensus that identification and protection of CHLs should be accomplished using a Regional framework, implemented at the Area Municipal level. In the following years, ongoing consultation with Area Municipalities and HPAC lead to the CHL conservation policies included in the Regional Official Plan adopted by Council in 2009. Area Municipal Official Plans are currently at various stages of development and approval, and will all include CHL conservation policies in order ensure conformity with the ROP. Current Consultation Process Attached to this memo is the First Draft of the Implementation Guideline for CHL Conservation. This document was prepared by Cultural Heritage staff in consultation with Regional Community Planning, Legal Services and Transportation and Environmental Services Divisions, and with substantial input from Heritage and Planning Staff at the Cities of Cambridge, Kitchener and Waterloo. This First Draft is now being circulated for wider review and comment by Area Municipalities, MHACs, HPAC, Grand River Conservation Authority and Ministry of Tourism, Culture and Sport, as well as heritage and planning consulting firms, Waterloo Region Homebuilders Association and the general public. As part of the consultation process, the Region is scheduling presentations to various stakeholder groups and organizing a Public Consultation Centre (PCC) for early October. More information on the PCC will be forwarded to you once the time and location have been confirmed. Comments and suggestions received during this round of consultation will be used to refine a Second Draft, which will be circulated in preparation for a formal Public Meeting planned to be held in late fall. Following the Pubic Meeting a final draft will be sub Comments or concerns relating to the First Draft of the Implementation Guideline for CHL Friday November 9, 2012 Conservation should be submitted in writing by . If you require further information, or have any questions, contact Kate Hagerman at (519) 575-4094 orKHagerman@regionofwaterloo.ca . ATTACHMENT: First Draft Implementation Guideline for Cultural Heritage Conservation - Version (August 2012) 1228266 3 ì ó í FIRSTDRAFT Regional Implementation Guideline Cultural Heritage Landscape Conservation August 2012 1228266 - FIRST DRAFT Regional Implementation Guideline for Cultural Heritage Landscape Conservation ì ó ì Ý±²¬»²¬ ï ßò ×ÒÌÎÑÜËÝÌ×ÑÒ ßòï É¸¿¬ ¿®» Ý«´¬«®¿´ Ø»®·¬¿¹» Ô¿²¼½¿°»á î ßòî Î¿¬·±²¿´» º±® ÝØÔ Ý±²»®ª¿¬·±² î ßòí ×³°¿½¬ ±º Ë²¼»®¬¿µ·²¹ ¿ ÝØÔ Ý±²»®ª¿¬·±² Ð®±½» í ßòì Ð±´·½§ Ý±²¬»¨¬ Ð®±ª·²½·¿´ Ô»¹·´¿¬·±² í Þò ÎÛÙ×ÑÒßÔ ßÐÐÎÑßÝØ ë Ýò ÝÑÒÍÛÎÊßÌ×ÑÒ ÐÎÑÝÛÍÍ è Üò ÙË×ÜÛÔ×ÒÛÍ ×ò Ù«·¼»´·²» º±® ¬¸» ×¼»²¬·º·½¿¬·±² ¿²¼ Ûª¿´«¿¬·±² ±º ÝØÔ ïï ××ò Ù«·¼»´·²» º±® ¬¸» Ð®»°¿®¿¬·±² ±º ¿ ÝØÔ Ì»½¸²·½¿´ Í¬«¼§ ïë ×××ò Ù«·¼»´·²» º±® Ü»·¹²¿¬·²¹ ÝØÔ ·² ¿² Ñºº·½·¿´ Ð´¿² ïè ×Êò Ù«·¼»´·²» º±® ¬¸» Ý±²»®ª¿¬·±² ±º ¿ ÝØÔ ¬¸®±«¹¸ ¿ Ý«´¬«®¿´ îð Ø»®·¬¿¹» ×³°¿½¬ ß»³»²¬ Ûò ÙÔÑÍÍßÎÇ ÑÚ ÜÛÚ×Ò×Ì×ÑÒÍ îî Úò ÎÛÚÛÎÛÒÝÛ Ô×ÍÌ îì ß°°»²¼·¨ ß Î»±«®½» ¬± ß·¬ ©·¬¸ ÝØÔ ×¼»²¬·º·½¿¬·±² îë ß°°»²¼·¨ Þ Ý®·¬»®·¿ º±® Ý«´¬«®¿´ Ø»®·¬¿¹» Ê¿´«» ±® ×²¬»®»¬ îê ß°°»²¼·¨ Ý ×²¼·½¿¬±® ±º Ø·¬±®·½¿´ ×²¬»¹®·¬§ îé ß°°»²¼·¨ Ü ×²¼·½¿¬±® ±º Ý±³³«²·¬§ Ê¿´«» îè ß°°»²¼·¨ Û Ý®·¬»®·¿ º±® Î»¹·±²¿´ Í·¹²·º·½¿²½» îç ß°°»²¼·¨ Ú ÝØÔ Ý±²»®ª¿¬·±² Ì±±´ Ý±³°¿®·±² íð 1228266 - FIRST DRAFT Regional Implementation Guideline for Cultural Heritage Landscape Conservation ì ó ë ßò ×ÒÌÎÑÜËÝÌ×ÑÒ The purpose of the Region of Waterloo Implementation Guideline for Cultural Heritage Landscape Conservation is to provide guidance to applicants, municipal heritage advisory committees (MHACs) and municipal staff on the implementation of the cultural heritage landscape policies of the 2009 Regional Official Plan (ROP), for the preparation and review of development applications, and for the undertaking of heritage review during the Environmental Assessment (EA) process. This document outlines the existing policy context and Cultural Heritage Landscape (CHL) conservation process for the Region of Waterloo, and provides further detail for the implementation of Regional Official Plan policies 3.G.5, 3.G.6 and 3.G.7 through the following guidelines: - Guideline for the Identification and Evaluation of CHLs - Guideline for the Preparation of a CHL Technical Study - Guideline for the Designating CHLs in an Official Plan - Guideline for the Conservation of a CHL through a Cultural Heritage Impact Assessment The Regional Official Plan relies on implementation guidelines in a number of subject areas to provide additional technical guidance in the application of certain policies. Implementation policy provisions that could be the basis for denying development applicationsor for interfering The content and scope of Regional Implementation Guidelines is determined through a full, open, and transparent consultation process with Area Municipalities, other agencies, interested organizations and citizens. As relevant policies are updated, added, or deleted, the implementation guidelines must also be revised to ensure conformity to the provisions of the Plan. Italicized terms within this document are defined in the glossary. Terms that are within the glossary but have not been italicized should be understood using their common definition. Bolded text has been used for emphasis. As stated in the ROP, througcultural heritage resources including CHLs, Waterloo Region will realize the benefits of: a higher quality of life; a stronger and more defined regional identity; a wealth of social, environmental and economic opportunities; and a broader foundational understanding of the people and places of our past. 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 1 ì ó ê ACultural Heritage Landscape A.1 What are Cultural Heritage Landscapes? (CHL) is defined in the Provincial Policy Statement (2005) asa A Cultural Heritage Landscape (CHL) is a location geographical area of heritage where the influence of humans on the natural significance which has been modified landscape has resulted in a place with distinctive by human activities and is valued by a character and cultural importance. These historically community. It involves a grouping(s) significant landscapes are valued for the important of individual heritage features such as contribution they make to our understanding of the structures, spaces, archaeological history of a place, an event, an individual and/or a sites and natural elements, which community. together form a significant type of heritage form, distinctive from that of CHLs are usually characterized by: its constituent elements or parts. a concentration of cultural heritage resources, such as buildings, structures and landforms; Examples may include, but are not a concentration of supporting structural elements limited to Heritage Conservation such as vegetation, fences or roads; Districts, villages, parks, gardens, a sense of visual coherence; and battlefields, main streets and a distinctiveness which enables the area to be neighbourhoods, cemeteries, trailways recognized from neighbouring areas. and industrial complexes of cultural heritage value. A.2 Rationale for CHL Conservation Conserving a CHL means identifying, protecting, using and/or managing a CHL in such a way that the heritage value, attributes and integrity of the CHL are retained. CHL conservation provides a means to conserve groupings of cultural heritage resources that together have greater heritage significance than their constituent elements or parts. A CHL has both property-based cultural heritage resources andattributes that may not be linked to real property (i.e. views, circulation networks, land use patterns, architectural details, natural features, vegetation). The attributes of a CHL help to contextualize, cluster and connect the individual cultural heritage recourses. As a result, the conserved CHL is more valuable than the sum of its parts. Conservation of CHLs, like other cultural heritage resources, provides the following benefits: Sense of Place - cultural heritage resources, combined with stories of the past, provide a physical and psychological foundation for our Regional identity. CHLs provide important information about, and opportunities for, understanding the events, processes and activities that have shaped, and are continuing to shape our region. Authenticity - CHLs often support ongoing traditions and reflect particular ways of life. from the multilayered past; enjoying the vibrancy of the present; and creating meaningful linkages for the future. Quality of Life - CHLs provide economic, environmental, social and cultural benefits through aesthetic, ecological, recreational and educational opportunities.Conserving CHLs will make our region a better place to live, work, play and visit. 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 2 ì ó é A.3 Impacts of Undertaking a CHL Conservation Process Undertaking a CHL conservation process ensures that cultural heritage resources are proactively identified and that the necessary information is available to effectively consider cultural heritage conservation at a landscape scale during the land use planning process. Priority-based Planning The CHL conservation process is a tool to manage change. The process will be used to better inform land use decisions and is not meant to negatively impact permitted land uses. Conservation of cultural heritage resources is very often one of many land use development priorities (i.e. increasing land-use density, economic development, encouraging tourism or recreation, environmental conservation, increasing transportation choice, providing affordable housing). Full consideration of all priorities, including CHL conservation, during the land use and infrastructure planning process will result in the best possible development or construction/rehabilitation solution that meets as many of the priorities as possible. Note: Normal farming practices are protected under the Farming and Food Protection Act and would not be impacted by CHL conservation. Increased Transparency - The CHL conservation process requires Area Municipalities to proactively identify and document CHLs. Designating CHLs within an Official Plan, is a means to making municipal staff, developers, property owners and the public aware of the historically significant landscapes within the community that are to be conserved. Informed Decision Making Individually designated CHLs are supported by documentation in the form of a Technical Study which provides a Statement of Significance for the CHL, and inventories and maps the cultural heritage resourcesandattributes associated with the CHL. This research provides the foundation of information on which proposed development,site alteration and public works projects will be reviewed. Effective Heritage Protection - Identifying and designating an area as a CHL does not provide automatic protection to the individual cultural heritage resources and attributes associated with the CHL. The CHL conservation process helps to identify the cultural heritage resources and attributes that must be protected in order to conserve the CHL and ensures that proposed development and site alteration undergoes heritage review. Individual cultural heritage resourcesandattributes continue to be protected through existing and new Ontario Heritage Act designations, conservation easements, municipal register listings, and through the implementation of recommendations made within Cultural Heritage Impact Assessments. A.4 Policy Context Provincial Legislation The Province requires municipalities to conservesignificant CHLs and provides a variety of legislative planning and financing tools primarily under the Ontario Heritage Act, Provincial Policy Statement and Planning Act to municipalities for use in the conservation of cultural heritage resources, including CHLs. A.4.1 The Ontario Heritage Act The Ontario Heritage Act (OHA) provides three key tools for CHL conservation. 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 3 ì ó è 1. If a CHL is contained on a single property (i.e. farmstead, park, garden, estate, cemetery), a municipality can designate the CHL as an individual property under Part IV of the OHA 2. If the CHL includes a grouping of properties, a municipality can designate the area as a Heritage Conservation District (HCD) under Part V of the OHA. An OHA designation provides the strongest heritage protection available for conserving a CHL. It allows the municipality to deny demolition permits, to guide change through development review on and adjacent to the protected property(ies) and to control property alterations through a heritage permit system. Within the Region, there are currently eight CHLs designated as HCDs under Part V, and several other single property CHLs designated under Part IV of the OHA. 3. A municipality may list a CHL as an individual or grouping of non-designated property(ies) of heritage value or interest on their Municipal Heritage Register. Under the OHA municipalities are required to maintain a Municipal Heritage Register that lists all designated and non-designated cultural heritage resources of heritage value or interest. The list is meant to provide easily accessible information about cultural heritage value for land- use planners, property owners, developers, the tourism industry, educators and the general public. Owners of listed properties must provide 60 days notice prior to demolition or removal of a building or structure, and the property may be subject to a Cultural Heritage Impact Assessment or Conservation Plan during the development review process. A.4.2 The Planning Act and the Provincial Policy Statement The Province has identified the conservation of cultural heritage resources including CHLs, as an area of Provincial Interest to be consideredunder the Planning Act and through the Provincial Policy Statement (PPS). Under the guidance of the Planning Act, municipalities make local planning decisions and prepare planning documents including Official Plans. A municipal Official Plan sets out the municipality's general planning goals and policies that will guide future land use, including the conservation of cultural heritage resources. These planning decisions and planning documents determine the future of their community and must be consistent with the Provincial Policy Statement and applicable provincial legislation. Significantbuilt heritage resources and significantcultural heritage landscapes shall be conserved protection, use and/or management of cultural heritage and archaeological resources in such a way that their heritage values, attributes and integrity are retained. This may be addressed through a conservation plan or heritage impact assessment (HIA)". The initial step in conserving cultural heritage resources - identification, can take place under the OHA, as noted in the previous section, and/or in Official Plans, or other planning documents prescribed under the Planning Act, such as Council adopted inventories, plans or studies. Identifiedcultural heritage resources are conserved through the requirement of Cultural 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 4 ì ó ç Heritage Impact Assessments and/or Conservation Plans to support proposed development that has the potential to directly or indirectly impact the identified cultural heritage resource. A.4.3 Provincial Resource Documents The Ministry of Tourism, Culture and Sport (MOC) provides additional non-legislative resources to assist communities in the conservation of cultural heritage resources, such as toolkits and guides. The MOC outlines in the Ontario Heritage Toolkit, that cultural heritage resources should be identified, listed, researched, evaluated and protected. It is up to municipalities to use the most effective and appropriate tools available at each step of this process in order to ensure the ongoing conservation of the CHLs within their jurisdiction. Þò ÎÛÙ×ÑÒßÔ ßÐÐÎÑßÝØ As stated in the previous section, the Province of Ontario requires that significant CHLs be conserved through the land use planning process using complementary policy provisions at the Provincial, Regional and Area Municipal level. The Province has provided a variety of CHL conservation tools, but a uniform province-wide approach to CHL conservation has not been established. The Region has therefore, in discussions with the Provincial and Area Municipal staff, developed the following Regional approach to CHL conservation. The Regional CHL conservation approach incorporates the full spectrum of provincially legislated tools for CHL conservation and allows municipalities to choose the most appropriate conservation tool for each CHL. The chosen CHL conservation tool will be a reflection of the combined level of heritage conservation and change management desired by the municipality, public and property owners. B.1 CHL Conservation under the Ontario Heritage Act Currently, municipalities have three tools to conserve CHLs under the OHA: - Part IV designation of an individual property; - Part V designation of an Heritage Conservation District; and - Listing of a CHL on the Municipal Heritage Register as an individual or grouping of non- designated property(ies) of heritage value or interest. In order for a Municipal Heritage Register listing to conserve a CHL, the listing process must include: a full evaluation and documentation of the CHL; public consultation and Council approval; and provide the municipality the authority to conserve the CHL during the development review process. The three CHL conservation tools under the OHA will continue to be used by Area Municipalities in the Region. As it is a well entrenched practice, the complete process for designating or listing a CHL under the OHA is not addressed as part of this Implementation Guideline. However, this Implementation Guideline may prove useful in the preliminary identification, evaluation and documentation of CHLs being conserved under the OHA. 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 5 ì ó ïð B.2 CHL Conservation under the Planning Act Although CHL conservation tools under the OHA have been available for many years, a large number of CHLs within the region remain unidentified with no landscape level conservation measures in place. In order to assist with the conservation of the full range of CHLs within the region, the Region has developed policies in the Regional Official Plan which enable and require municipalities to conserve previously unidentified CHLs under the Planning Act by designating CHLs in their Official Plans. Conserving CHLs under the Planning Act, the CHL conservation process outlined in this Regional Implementation Guideline, should be used as an alternative to CHL conservation under the OHA, when: There are multiple CHLs that a community needs to officially identify and conserve within a short time frame, using limited resources; OHA designation cannot currently be achieved and interim conservation is required; OHA Part IV and/or V designations are in place to protect individual property-based cultural heritage resources within a CHL, but do not conserve the larger context of the resources (e.g. the attributes of the CHL); Future impacts to the CHL can be addressed through requirements for CHIA on new development (i.e consents, zone change applications, Official Plan Amendments, and site plans), Conservation Plans, and/or through implementing planning and financial tools that support the conservation of the CHL (i.e. design guidelines, site specific zoning, financial incentives); There are opportunities for new development to enhance the existing character of the area and/or conserve the grouping of cultural heritage resources. A comparison of the above mentioned CHL conservation tools can be found in Appendix F. B.3 Regional Policy The Regional Official Plan (ROP) contains the following policies specifically related to the conservation of CHLs. Cultural Heritage Landscapes 3.G.5 The Region will prepare and update a Regional Implementation Guideline for Cultural Heritage Landscape Conservation. This guideline will outline the framework for identifying Cultural Heritage Landscapes, including Cultural Heritage Landscapes of Regional interest, and for documenting each individual landscape through a Cultural Heritage Landscape Conservation Plan (an amendment may be made to change this to CHL Technical Study) that includes: (a) a statement of significance; (b) a listing of the cultural heritage resources and attributes being conserved within the Cultural Heritage Landscape through the use of existing planning tools, such as Heritage Act designations, listings on the Municipal Register, official plan policies, secondary plans and zoning bylaws; and (c) recommendations for additional conservation measures. 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 6 ì ó ïï 3.G.6 Area Municipalities will designate Cultural Heritage Landscapes in their official plans and establish associated policies to conserve these areas. The purpose of this designation is to conserve groupings of cultural heritage resources that together have greater heritage significance than their constituent elements or parts. Designating a CHL in an Area Municipal Official Plan means identifying an individual CHL on a list and map or schedule contained in or appended to the Official Plan. Depending on the Area Municipal approach, the CHL can be designated as a legal part of the Official Plan or as a for information attachment with no legal policy status. 3.G.7 The Region will assist Area Municipalities with the preparation of Cultural Heritage Landscape Conservation Plan (an amendment may be made to change this to CHL Technical Study) for Cultural Heritage Landscapes of Regional interest. 3.G.13 Area Municipalities will establish policies in their official plans to require the submission of a Cultural Heritage Impact Assessment in support of a proposed development that includes or is adjacent to a designated property, or includes a non- designated resource of cultural heritage value or interest listed on the Municipal Heritage Register. (an amendment may be made in order to allow for the consideration of CHIAs within or adjacent to a Cultural Heritage Landscape) Adjacent is defined as lands that are situated in sufficiently close proximity such that development or site alteration could reasonably be expected to produce a negative impact on an identified cultural heritage resource. A CHL evaluated and identified as a cultural heritage resource of Regional interest is also subject to ROP policies 3.G2, 3.G.14, 3.G.15, 3.G.17, 3.G.18, 3.G.19 and 3.G.20. B.4 Area Municipal Policy General policies for the conservation of CHLs must be included in an Area Municipal Official Plan (OP) in order for the plan to be consistent with the ROP and the PPS. The Region recommends that the general CHL conservation policies include, but not be limited to a commitment by the Area Municipality to: Cultural Heritage Landscape 1) Identify and document individual CHLs through a Technical Study as outlined in ROP 3.G.5; 2) Designate individual CHLs in the Area Municipal Official Plan; 3) Review development and site alteration within or adjacent to designated Cultural Heritage Landscapes to ensure that the cultural heritage resources and attributes of the CHL will be conserved. A Cultural Heritage Impact Assessment may be required to assist the municipality in making this determination. Associated CHL conservation policies may include a commitment by the municipality to: list and/or designate under the Ontario Heritage Act individual cultural heritage resources and attributes inventoried within a CHL; consider the impact of lot creation and/or reconstruction within the CHL; 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 7 ì ó ïî further investigate CHLs to identify additional and/or evolving cultural heritage resourcesand attributes; and promote the awareness, appreciation and enjoyment of CHLs. B.5 Expectations and Outcomes of ROP Policies and Implementation Guideline Implementation of the ROP CHL conservation policies using this Implementation Guideline will result in: 1. Comprehensive Region-wide identification and evaluation of CHLs; 2. Documentation of individual CHLs in CHL Technical Studies, to include but not be limited to: an official name; a statement of significance; and an inventory and map of cultural heritage resourcesandattributes, with references to existing and recommended conservation measures; 3. Individually designated CHLs in Area Municipal Official Plans; and 4. Municipal authority to require a Cultural Heritage Impact Assessment to support proposed development and site alteration within or adjacent to an identified CHL. Ýò ÝÑÒÍÛÎÊßÌ×ÑÒ ÐÎÑÝÛÍÍ The following process for conserving CHLs under the Planning Act has been developed to ensure that CHLs are recognized early in the land use planning process, and that comprehensive information on the cultural heritage resourcesandattributes of the CHL are available when making land use decisions. The CHL conservation process includes: identifying and documenting individual CHLs in a Technical Study that evaluates, inventories and maps the cultural heritage resourcesandattributes associated with the CHL and documents current and proposed conservation measures; designating of CHLs in Area Municipal Official Plans, excluding CHLs currently conserved under the Ontario Heritage Act; and reviewing proposeddevelopment,site alteration, and public works projects within or adjacent to designated CHLs to determine whether the cultural heritage resources and attributes associated with the CHL will be conserved. Area Municipalities will incorporate general policies for the conservation of CHLs in their Official Plan to allow for the designating of any individual CHLs using the process outlined below. Information on general policies for CHL conservation at the Area Municipal level can be found in section A.5.4. The CHL conservation process has seven key steps to be undertaken through the implementation of the guidelines in this document. The following chart outlines the connection of each key step to the associated guideline. A process chart is included on the following page. 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 8 ì ó ïí Key StepsAssociated Guidelines 1IdentifyCandidate CHLs Guideline for the Identification 2Inventory and Mapindividual Candidate CHLs and Evaluation of CHLs 3EvaluatSignificance 4Determine Regional interest in the Candidate CHL 5Document the Candidate CHL in a Technical StudyGuideline for the Preparation of a CHL Technical Study 6Designate the CHLin the Official Planusing the Official Guideline for the DesignatingCHLs in an Plan Amendment process under the Planning ActOfficial Plan 7Conservethe CHL through the development review andGuideline for the Conservation of a CHL Environmental Assessment processesthrough a Cultural Heritage Impact Assessment 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 9 ì ó ïì CHL Conservation Process Chart Í¬»° ï ×¼»²¬·º·½¿¬·±² ±º Ý¿²¼·¼¿¬» ÝØÔ Ý¿²¼·¼¿¬» Ý¿²¼·¼¿¬» Ý¿²¼·¼¿¬» Ý¿²¼·¼¿¬» Ý¿²¼·¼¿¬» ÝØÔ ýî ÝØÔ ýí ÝØÔ ýì ÝØÔ ýë ÝØÔ ýï Í¬»° î øÛ¿½¸ ÝØÔ ©·´´ «²¼»®¹± ¬¸» ¿³» °®±½» ¿ ×²ª»²¬±®§ ÝØÔ ýï º®±³ ¬¸· °±·²¬ º±®©¿®¼÷ ú Ó¿°°·²¹ Î»¹·±²¿´ Ûª¿´«¿¬·±² ±º ×¼»²¬·º·½¿¬·±² ±º Ý±²«´¬¿¬·±² Í¬»° í Í·¹²·º·½¿²½» óó ú Í¬»° ì ÝØÔ ÝØÔ ±º Î»¹·±²¿´ ×²¬»®»¬ Í¬»° ë Ü±½«³»²¬¿¬·±² ÒÑÌ ¿ ±º ÝØÔ ·² ¿ Ì»½¸²·½¿´ ÝØÔ Í¬«¼§ Ò± º«®¬¸»® ¿½¬·±² Ð®»°¿®¿¬·±² ±º Í¬»° ê ø³±®» ¬¸¿² ±²» ÝØÔ Î»°±®¬ Î»½±³³»²¼·²¹ ³¿§ ¾» ®»¿¼§ ¬± ÝØÔ Ü»·¹²¿¬·±² Ü»·¹²¿¬» ÝØÔ ·² ¼»·¹²¿¬» ¿¬ ±²» ¬·³»÷ ß®»¿ Ó«²·½·°¿´ ¬¸®±«¹¸ ¿² ß®»¿ Ó«²·½·°¿´ ÑÐ Ñºº·½·¿´ Ð´¿² ß³»²¼³»²¬ Í¬»° é Ý±²»®ª¿¬·±² ±º ¬¸» ÝØÔ ·² ¬¸» ¼»ª»´±°³»²¬ ®»ª·»© ¿²¼ Ûß °®±½»» ¬¸®±«¹¸ ¬¸» ®»¯«·®»³»²¬ ±º ÝØ×ß 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 10 ì ó ïë Üò ÙË×ÜÛÔ×ÒÛÍ I.Guideline for the Identification and Evaluation of CHLs Regional Official Plan 3.G.5 The Region will prepare and update a Regional Implementation Guideline for Cultural Heritage Landscape Conservation. This guideline will outline the framework for identifying Cultural Heritage Landscapes, including Cultural Heritage Landscapes of Regional interest, and for documenting each individual landscape through a Cultural Heritage Landscape Conservation Plan (an amendment may be made to change this to CHL Technical Study) that includes: a)a statement of significance; b)a listing of the cultural heritage resources and attributes being conserved within the Cultural Heritage Landscape through the use of existing planning tools, such as Heritage Act designations, listings on the Municipal Register, official plan policies, secondary plans and zoning bylaws; and c)recommendations for additional conservation measures. Application In accordance with policy 3.G.5 of the Regional Official Plan, this guideline will apply when Area Municipal staff and Municipal Heritage Committees are identifying and evaluating the significance of the Candidate CHLs. A CHL that is determined to be a cultural heritage resource of Regional interest is also subject to policies 3.G.2, 3.G.14 and 3.G.15. Purpose The purpose of this guideline is to ensure an efficient, consistent, comprehensive and defensible process is used to identify CHLs worthy of conservation within the Region. Guideline for the Identification and Evaluation of CHLs Cultural Heritage Landscape Ais a defined geographical area of heritage significance which has been modified by human activities and is valued by a community. It involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together form a significant type of heritage form, distinctive from that of its constituent elements or parts (Provincial Policy Statement, 2005). Significant CHLs are to be conserved as required by the PPS section 2.6.1. All CHLs that are evaluated as significant using the process below, which is based on Ontario Heritage Act Regulation 9/06, shall be conserved. Conservation means the identification, protection, use and/or management of cultural heritage and archaeological resources in such a way that their heritage values, attributes and integrity are retained. This may be addressed through a conservation plan or heritage impact 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 11 ì ó ïê assessment (PPS 2005). Candidate CHLs that are evaluated as significant will be referred to throughout the remainder of the conservation process as CHLs; those evaluated and found to not be significant will not be taken any further through the process and will no longer be referred to as CHLs. develop a list of 1. Area Municipal staff and Municipal Heritage Committees (MHC) will Candidate CHLs for their municipality. 1.1 The list of Candidate CHLs will include, but not be limited to: historic themes and associations a) areas that correspond to the important to the community; a grouping of cultural heritage resources b) areas that contain identified through a visual survey; and valued by the community c) landscapes suggested by the public through consultations or in written documentssuch as local histories, planning documents, listings of important landscapes, etc. 1.2 Municipalities may use the additional information and resources for identifying Candidate CHLs included in appendix A. 1.3 Upon request, the Region will assist with the preliminary identification of Candidate CHLs. 1.4 Area Municipalities and the Region will work together to develop shared or cross jurisdictional CHLs complementary conservation processes for such as those related to rivers, valleylands or agricultural practices. 2 The Region will review the list of Candidate CHLs and indicate if any of the Candidate CHLs are of Regional interest, and/or provide a list of CHLs of Regional interest to the Area Municipality to be considered for conservation 2.1 Identification of CHLs of Regional interest will take place in accordance with the Regional Implementation Guideline for Conserving Regionally Significant Heritage Resources based on the Criteria for Regionally Significant Heritage Resources (RSHR) adopted by Regional Council in 2002 (P-02-083) (see appendix E). inventory of and 3. For each Candidate CHL, ancultural heritage resources attributeswill be created to include but not be limited to: - Buildings and structures, - Architectural details, - Landmarks, - Views, - Natural features (water, topography), - Vegetation, - Archaeological resources, -Land-use patterns, - Circulation networks, - Boundary/linear features, - Public access, and - Open space. 3.1 The Inventory of cultural heritage resources and attributes will be included in 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 12 ì ó ïé the CHL Technical Study. detailed mapping 4. A Candidate CHL will be geographically defined through of the cultural heritage resourcesandattributes. 4.1 For the purpose of designating in an Official Plan, the CHL may be mapped with a simple location marker in the Official Plan such as an unbounded shape or asterisk, with detailed mapping included in the CHL Technical Study. boundaries and/or buffer zone(s) 4.2 Mapped may be included if they aid in the conservation of the CHL. Demarcating a firm boundary for a landscape that is organic and continues to evolve is not required. 4.3 Development review and Environmental Assessment will take place on lands that are within or adjacent to the CHL. significance 5. The of each Candidate CHL will be evaluated based on a three pronged approach, related to the PPS definition of a CHL, to include the: cultural heritage value or interest; historical integrity; and community value of the landscape. 5.1 A Candidate CHL that has cultural heritage value or interest, historical integrity and community value is significant and should be recommended for being designated in the Area Municipal Official Plan. Cultural Heritage Value or Interest Landscapes that are associated with the history of the area, have design value and/or have contextual value. Significant CHL Historical Integrity Community Value Landscapes that have Landscapes that are functional continuity valued by the and/or physically community. reflect the past. cultural heritage value or interest 6. Criteria for determining of a CHL is based on the criteria used to evaluate the cultural heritage value or interest of other forms of cultural heritage resources provided by the Province in Ontario Regulation 09/06. Municipalities may use the chart in appendix B to evaluate the cultural heritage value or interest of each CHL. 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 13 ì ó ïè 6.1 The findings of the cultural heritage value or interest evaluation are Statement of Cultural Heritage Value or Interest summarized in a CHL . Historical integrity 7. is a measure of: how well the existing landscape physically reflects the landscape of the past; and the functional continuity of the landscape over time. In order to measure integrity, the historic context of the landscape in terms of use, relationships, views, circulation networks, boundaries, etc. must be understood. Municipalities may use the chart in appendix C to gather information to evaluate the historic integrity of each CHL. 7.1 The findings of the Historic Integrity evaluation of a CHL are summarized in a Statement of Historical Integrity CHL . valued by the community 8. The PPS states that a CHL must be . Community value can be evaluated by determining the presence of indicators of community value. Municipalities may use the chart in appendix D to gather information to evaluate the community value of each CHL. 8.1 The findings of the Community Value evaluation of a CHL are summarized in Statement of Community Value a CHL . Statement of Significance 9. An overall which combines the cultural heritage value or interest, historical integrity and community value of the Candidate CHL will be developed. 9.1 The Statement of Significance provides the justification for conserving the CHL. 9.2 Research completed to support the evaluation of significance will be included in the CHL Technical Study. 10. For organic and/or evolving landscapes, the inventory, mapping and measures of significance must illustrate and evaluate the evolution of the landscape over time. 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 14 ì ó ïç II.Guideline for the Preparation of a CHL Technical Study Regional Official Plan 3.G.5 The Region will prepare and update a Regional Implementation Guideline for Cultural Heritage Landscape Conservation. This guideline will outline the framework for identifying Cultural Heritage Landscapes, including Cultural Heritage Landscapes of Regional interest, andfor documenting each individual landscape through a Cultural Heritage Landscape Conservation Plan (an amendment will be made to change this to CHL Technical Study) that includes: a)a statement of significance; b)a listing of the cultural heritage resources and attributes being conserved within the Cultural Heritage Landscape through the use of existing planning tools, such as Heritage Act designations, listings on the Municipal Register, official plan policies, secondary plans and zoning bylaws; and c)recommendations for additional conservation measures. 3.G.7The Region will assist Area Municipalities with the preparation of Cultural Heritage Landscape Conservation Plans (an amendment will be made to change this to CHL Technical Studies) for Cultural Heritage Landscapes of Regional Interest. Application Regional Official Plan In accordance with policies 3.G.5 and 3.G.7 of the , this guideline will Cultural Heritage Landscape Technical Study apply when a is being developed for a Candidate CHL being recommended for conservation. Purpose The purpose of this guideline is to ensure appropriate and consistent methods and report formats are applied in the preparation of CHL Technical Studies. Compliance with these guidelines will: cultural heritage resources and attributes, with references to existing and recommended conservation measures; provide the base research needed by consultants to undertake an effective Cultural Heritage Impact Assessment (CHIA); and help to minimize the time required to prepare a CHL Technical Study. Guideline for the Preparation of a CHL Technical Study The CHL Technical Study is an important resource document developed and maintained by the municipality, in consultation with Municipal Heritage Committees and/or community stakeholders. 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 15 ì ó îð The CHL Technical Study builds on the information gathered during the CHL identification and evaluation process. The document includes all of the information gathered during the identification and evaluation of the Candidate CHL as well as information on the current and future heritage conservation measures associated with the CHL. CHL Technical Study 1. The will include, but is not limited to: Existing Information from the Identification and Evaluation of the Candidate CHL Statement of Significance the (Cultural Heritage Value, Historical Integrity and Community Value) (see section 2 below); Inventory and Map an of the Cultural Heritage ResourcesandAttributes of the landscape (see section 3 below); Additional Information current and recommended conservation measures an analytical listing of for the Cultural Heritage ResourcesandAttributes of the CHL (see section 4 below); Recommended but Optional Information shared vision a for the CHL (see section 5 below); and management strategy a for the CHL (see section 6 below). 1.1 The Region will assist area municipalities in the preparation of CHL Technical CHLs ofRegional interest. Studies for made available to consultants 1.2 The Technical Study will be preparing CHIAs for proposed development,site alteration and public works projects within and adjacent to the CHL. evolving documents 1.3 CHL Technical Studies are which will require updating as land use and policy changes are made. Statement of Significance 2. The is a brief summary of the cultural heritage value or interest, historical integrity and community value of the CHL as developed during the evaluation of significance of the Candidate CHL. Inventory and Map 3. The comprehensive of Cultural Heritage Resources and Attributes includes, but not be limited to: buildings and structures; architectural details; landmarks; views; natural features; vegetation; archaeological resources; land-use patterns; circulation networks; boundary/linear features; public access; and/or open space as developed for the Candidate CHL. Analytical Listing of Conservation Measures 4. The for the cultural heritage resources and attributes of the CHL includes, but not be limited to: comprehensive listing a of existing conservation measures; thorough evaluation aof the ability of the existing conservation measures to conserve the inventoried heritage features and their context; and recommendations for additional conservation measures where needed. conservation measures 4.1 CHL may include, but are not limited to the following planning and financial tools: Protection of individual properties under the Ontario Heritage Act through designation or conservation easements; 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 16 ì ó îï Protection of a specific areas within the CHL as Heritage Conservation Districts (HCD) under the Ontario Heritage Act and through related HCD policies, guidelines, studies and plans; Listing of individual or groupings of non-designated property(ies) on the Municipal Heritage Register; Official Plan policies (i.e settlement boundaries, land designations); Secondary or Community Plan policies; Community Improvement Plans; Area design guidelines; Corridor management plans or scenic corridor designations; Park management plans; Height, massing and setback restrictions that maintain the character of an area, implemented through zoning and/or site plan control; Demolition control; Subdivision development agreements; Stewardship activities; Financial incentives for OHA designated properties or within Community Improvement Plan areas Public education and heritage resource interpretation, etc. 4.2 The analytical listing of conservation measures process will assist in vulnerableand highlighting cultural heritage resourcesattributesand will recommendations for improved conservation measures result in . Shared Vision 5.A for the CHL may be created by community stakeholders based on the collective understanding of the significance of the CHL; its cultural heritage value, historical integrity and community value. Management Strategy 6.A may be developed that records what role the community will play in maintaining and enhancing the significance of the CHL. The Management Strategy could include: a list of actions and a schedule for their implementation; and a plan to monitor the impact of CHL conservation CHL 7. A CHL Technical Study that includes all of the following may be referred to as a Conservation Plan (based on Ministry of Culture, Tourism and Sport Info Sheet #5): Identification of the conservation principles appropriate for the type of cultural heritage resource being conserved; Analysis of the cultural heritage resource, including documentation of the resource, descriptions of cultural heritage value or interest, assessment of the resource conditions and deficiencies, discussion of historical, current and proposed use; Recommendations for conservation measures and interventions, short or long term maintenance programs, implementation, and the qualifications for anyone responsible for the conservation work; Schedule for conservation work, inspection, maintenance, costing , and phases of the rehabilitation or restoration work; and Monitoring of the cultural heritage resource and the development of a long term reporting structure. 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 17 ì ó îî III.Guideline for the Designating CHLs in an Official Plan Regional Official Plan 3.G.6 Area Municipalities will designate Cultural Heritage Landscapesin their official plans and establish associated policies to conservethese areas. The purpose of this designation is to conserve groupings of cultural heritage resources that together have greater heritage significance than their constituent elements or parts. Designation of a CHL in an Area Municipal Official Plan means to identify each individual CHL on a list and map or schedule contained in or appended to the Area Municipal Official Plan. Depending on the Area Municipal approach, the designated CHL can form a legal part of the Official Plan, or be provided solely as information with no legal policy status. Application Regional Official Plan In accordance with policy 3.G.6 of the , this guideline will apply when Area Municipalities designate a CHL in their Official Plan. Purpose The purpose of this guideline is to ensure appropriate and consistent methods and approaches are applied when designating CHLs in Area Municipal Official Plans. Designating a CHL within an Official Plan: enables a community to proactively identify a valued cultural heritage resource; is a means to making property owners and applicants aware of the presence of CHLs; and allows municipalities to require a Cultural Heritage Impact Assessment (CHIA) to ensure that proposed development,site alteration and/or public works projects conserve the cultural heritage resourcesandattributes of the CHL. Guideline for the Designating CHLs in an Official Plan 1. Area Municipal Official Plans will include general policies for the conservation of significant CHLs. 1.1 These policies will include a commitment by the municipality to: identify and Cultural Heritage Landscape document individual CHLs through a Technical Study as outlined in ROP 3.G.5; designate individual CHLs in the Area Municipal Official Plan; and review development,site alteration an public works projects within or adjacent to designated CHLs to ensure that the cultural heritage resourcesandattributes of the CHL will be conserved. Area Municipal Official Plans 2. will designate CHLs. an official name, a 2.1 The Official Plan will identify the designated CHL using statement of significance and a general location map of the CHL, and may 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 18 ì ó îí include additional CHL conservation policies and/or a detailed map. report that recommends designating 2.2 Aa CHL through an amendment to the Official Plan will be prepared to include: Official CHL Name Reason for Designating - Statement of Significance Impacts of Designating, including but not limited to the documentation of the CHL in a CHL Technical Study and the potential requirement of a Cultural Heritage Impact Assessment for proposed development and site alteration within and adjacent to the CHL 2.3 The CHL Technical Study shall be provided to support the recommendation. 2.4 Standard procedures for Official Plan Amendments under the Planning Act will be followed with respect to giving notice, providing information and public consultation. 4. Area Municipalities may have additional processes and methods for identifying and conserving CHLs so long as they result in: a) Comprehensive identification and evaluation of CHLs; b) Documentation of each CHL, to include but not be limited to: an official name; a statement of significance; and an inventory and map of cultural heritage resources and attributes, with references to existing and recommended conservation measures; and c) The municipal authority to require a Cultural Heritage Impact Assessment to support proposed developmentandsite alteration within and adjacent to identified CHLs. 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 19 ì ó îì IV.Guideline for the Conservation of a Cultural Heritage Landscape through a Cultural Heritage Impact Assessment Regional Official Plan 3.G.6 Area Municipalities will designate Cultural Heritage Landscapesin their official plans and establish associated policies to conservethese areas. The purpose of this designation is to conserve groupings of cultural heritage resources that together have greater heritage significance than their constituent elements or parts. Conserve: the identification, protection, use and/or management of cultural heritage and archaeological resources in such a way that their heritage values, attributes and integrity are retained. This may be address through a conservation plan or heritage impact assessment. 3.G.13 Area Municipalities will establish policies in their official plans to require the submission of a Cultural Heritage Impact Assessment in support of a proposed development that includes or is adjacent to a designated property, or includes a non-designated resource of cultural heritage value or interest listed on the Municipal Heritage Register (an amendment will be made in order to allow for the consideration of CHIAs withinoradjacentto a Cultural Heritage Landscape). Adjacent will be defined aslands that are situated in sufficiently close proximity such that development,site alterationor public works could reasonably be expected to produce a negative impact on an identified cultural heritage resource. Application In accordance with policies 3.G.6 and 3.G.13 of the Regional Official Plan, this guideline will apply when development,site alteration or public work is proposed within or adjacent to a designated CHL. Purpose The purpose of this guideline is to ensure that Cultural Heritage Impact Assessments (CHIA) are required when appropriate and completed effectively, in order to facilitate the conservation of the cultural heritage resources and attributes associated with a CHL during the land use planning and development process and when public works projects are undertaken. Guideline for the Conservation of a CHL through a Cultural Heritage Impact Assessment 1. Proposed development,site alteration and public works projects within and adjacent to a designated cultural heritage landscape will be reviewed by area municipal staff to determine whether the cultural heritage resourcesandattributes of the CHL will be conserved. To assist in the determination a CHIA may be required. 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 20 ì ó îë 1.1 ACultural Heritage Impact Assessment(CHIA) should be required if the proposed development,site alteration or public work project may result in any of the following list of potential negative impacts (source: Ministry of Culture, Tourism and Sport - InfoSheet #5): Destruction of any, or part of any, cultural heritage resource or attribute of the CHL Alteration that is not sympathetic to, or is incompatible with, the historic fabric and appearance of the CHL shadows Creation of that alter the appearance of cultural heritage resource or attributes, or change the viability of associated vegetation Isolation of a cultural heritage resource or attribute from its surrounding environments, context or significant relationship Direct or indirect obstruction of a significant view or vista within, from or of built and natural features Change in land use where the change in land use negates the Land disturbance such as change in grade that alter soils, and drainage patterns that adversely affect a cultural heritage resource or attribute other disturbances Increase in such as noise and/or traffic in or near 2. Public works projects within and adjacent to a designated cultural heritage landscape may be subject to a CHIA as part of the Environmental Assessment process. CHIAs may be scoped or waived based on the potential negative impacts of the proposed work. 3. Proposed development,site alteration and public works projects that have the potential to impact a heritage resource of Regional interest will require a Cultural Heritage Impact Assessment (CHIA) that will be provided to the Region for comment as part of the heritage review process. 4. Where it is determined that a CHIA is required, the CHIA will be prepared by a qualified professional with expertise in cultural heritage landscapes. 5. The CHIA will contain, but not be limited to, the following (based on the Ministry of Culture, Tourism and Sports - Info Sheet #5): Historical research, site analysis and evaluation of the CHL, if not previously undertaken by the municipality; Identification of the significance and cultural heritage resourcesandattributes of the CHL; A description of the proposed development or site alteration; An assessment of the impacts of the proposed development or site alteration on the CHL; Consideration of alternatives, mitigation and conservation measures that may reduce the adverse effects of the proposed development or site alteration; A schedule and reporting structure for implementing the recommended conservation or mitigative or avoidance measures and for monitoring the CHL as the proposed development or site alteration progresses; and A summary statement and conservation recommendations. 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 21 ì ó îê 6. Development proponents and municipal staff are encouraged to consult with Area Municipal planning staff and cultural heritage professionals early in the planning process. Early consultation will provide access to any available background information, ensure that cultural heritage resources are appropriately identified, and enable opportunities for project design to maximize enhancement of and minimize negative impacts to the CHL. Ûò ÙÔÑÍÍßÎÇ ÑÚ ÜÛÚ×Ò×Ì×ÑÒÍ Attribute - A quality or characteristic inherent in or ascribed to a cultural heritage landscape. These include, but are not limited to: architectural details; land-use patterns; circulation networks; relationships between built and natural heritage resources; public access; and/or open space. Heritage attributes - M eans the principal features, characteristics, context and appearance that contribute to the cultural heritage significance of a protected heritage property (PPS). Built heritage resources one or more significant buildings, structures, monuments, installations or remains associated with architectural, cultural, social, political, economic or military history and identified as being important to the community. These resources may be identified through designation orheritage conservation easement under the Ontario Heritage Act, or listed by local, regional, provincial or federal jurisdictions (PPS/ROP). Conserve/conserved (for the purposes of ROP Chapter 3) the identification, protection, use and/or management of cultural heritage and archaeological resources in such a way that their heritage values, attributes and integrity are retained. This may be addressed through a conservation plan or heritage impact assessment (PPS/ROP). Adjacent means lands that are situated in sufficiently close proximity such that development,site alteration or a public works project could reasonably be expected to produce a negative impact on an identified cultural heritage resource (revised ROP Contiguous) Cultural Heritage Impact Assessment a study to determine if cultural heritage resources will be negatively impacted by a proposed development,site alteration or public works project. It can also demonstrate how the cultural heritage resource will be conserved in the context of redevelopment, site alteration or public works improvement. Mitigative or avoidance measures or alternative development approaches may also be recommended (revised ROP). Cultural heritage landscape a defined geographical area of heritage significance which has been modified by human activities and is valued by a community. It involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together form a significant type of heritage form, distinctive from that of its constituent elements or parts (PPS/ROP). Cultural heritage resources the physical remains and the intangible cultural traditions of past human activities. These include, but are not limited to: 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 22 ì ó îé buildings (residential, commercial, institutional, industrial and agricultural); cultural heritage landscapes (designed, organic/evolved); structures (water tower; bridge, fence and dam); monuments (cenotaph, statue and cairn); archaeological resources; cemeteries; scenic roads; vistas/viewsheds; culturally significant natural features (tree and landform); movable objects (archival records and artifacts); and cultural traditions (language, stories, music, dance, food, celebrations, art and crafts) (ROP). Development the creation of a new lot, a change in land use, or the construction of buildings and structures, requiring approval under the Planning Act (ROP). Development application an application for approval under the Planning Act. Development applications may include applications for approval of the following: Plans of Subdivision; Plans of Condominium; Consent; Part Lot Control Exemption Bylaws; Official Plan Amendments; and Zone Change Applications. Development applications do not include site plans (ROP). Protected heritage property - means real property designated under Parts IV, V or VI of the Ontario Heritage Act; heritage conservation easement property under Parts II or IV of the Ontario Heritage Act; and property that is the subject of a covenant or agreement between the owner of a property and a conservation body or level of government, registered on title and executed with the primary purpose of preserving, conserving and maintaining a cultural heritage feature or resource, or preventing its destruction, demolition or loss (PPS). Significant means (g) in regard to cultural heritage and archaeology, resources that are valued for the important contribution they make to our understanding of the history of a place, an event, or a people. Criteria for determining significance for the resources identified in sections (c)-(g) are recommended by the Province, but municipal approaches that achieve or exceed the same objective may also be used (PPS/ROP). Site alteration activities, such as grading, excavation and the placement of fill that would change the landform and natural vegetative characteristics of a site (PPS/ROP). Site plan a plan prepared under Section 41 of the Planning Act which details building location and design as well as other site specific considerations such as walkways, landscaping, lighting and storage areas (PPS/ROP). 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 23 ì ó îè Úò ÎÛÚÛÎÛÒÝÛ Ô×ÍÌ Ministry of Culture. (2006). Heritage Resources in the Land Use Planning Process. Ministry of Culture (2006), InfoSheetss Printer for Ontario. Ministry of Culture (2005). Ontario Heritage Act. Queens Printer for Ontario. Ministry of Culture (2006). Ontario Heritage Toolkit Ministry of Municipal Affairs and Housing. (2005). Provincial Policy Statement Printer for Ontario. Region of Waterloo (2009). Regional Official Plan. 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 24 ì ó îç Appendix A Resource to Assist with CHL Identification 1) Develop a list of historic themes and associations important to your community and list the corresponding landscapes within the community. The historical context of your community provides a solid foundation for identifying significant Cultural Heritage Landscapes in cultural heritage resources including Candidate CHLs. Waterloo Region (2004) lists Regional 1972. A similar listing may already exist or could be developed for your Area Municipality. The ort above contains a short history of each municipality that could be used as a starting point. The list of historic themes and associations will aide in both the identification and evaluation of Candidate CHLs. 2) Undertake a visual survey of your community and list areas that contain grouping of cultural heritage resources. In addition to visually surveying the landscape, you can consult land records, maps, photographs, works of art, tourism information and undertake site visits to aide in the identification of areas within the community that may have the physical qualities of a candidate CHL. Landscapes may be agricultural, historic settlements, industrial, institutional, natural, residential, etc. 3) Ask the public to make suggestions of landscapes value. In addition, consult the listings of important landscapes that have been developed for various reasons in the past. Sample Questions to Ask Your Community p to tell the history of your community? Potential Source Documents -local histories - planning documents - listings of important landscapes 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 25 ì ó íð Appendix B Criteria for Heritage Value or Interest The following chart can be used as a framework to record information about the cultural heritage value or interest of a landscape. These criteria are based on the criteria provided by the Ministry of Tourism and Culture in Regulation 9/06 under the Ontario Heritage Act. The cultural heritage value and interest of the individual cultural heritage resources within the landscape will add to the overall value and interest of the landscape as a whole. Cultural Heritage Value or Interest CriteriaDescription The landscapehasis rare, unique, representative or design value or an early example of a landscape physical value (style, trend, movement, school of because it,theory, type, expression, material use or construction method, settlement pattern, time period or lifeway) displays a high degree of design or aesthetic appeal demonstrates a high degree of technical or scientific achievement The landscape has has direct associations with a historical value theme, event, belief, person, or associative activity, organization or institution value because it, that is significant to a community yields, or has the potential to yield, information that contributes to an understanding of a community or culture demonstrates or reflects the work or ideas of an architect, artist, builder, designer or theorist who is significant to a community The landscape has is important in defining, contextual value maintaining or supporting the because it, character of an area is physically, functionally, visually or historically linked to its surroundings is a landmark 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 26 ì ó íï Appendix C Indicators of Historical Integrity The following chart can be used as a framework to record information that would indicate that a landscape has historical integrity. These examples are not exclusive and may not be appropriate for all CHLs. Historical Integrity CriteriaDescription Land use Thelandscapehas had continuityin use and or in acompatible use (agricultural, commercial, residential or institutional). Ownership There has been a continuity of ownership or occupation of the site, dating to an historic period. Built Elements Thebuildings and other built elements (fences, walls, paths, bridges, corrals, pens, garden features, lighting, sidewalks, fountains, piers, etc.) have survived in their historicform and in relatively sound condition. VegetativeElements (hedgerows, windrows, gardens, shade trees, etc.) are still evidentand their traditional relationship to buildings, lanes, roadways, walks and fields are still discernible. Cultural Relationships The relationships between historic buildings and other built and designedelements (yards, fields, paths, parks, gardens, etc.) are intact. Natural Features Prominent natural features (cliff, stream, etc.) remain intact. Natural Relationships The historical relationshipsto prominent natural features still exist both for the site as a whole and within the site. Views The existing viewsofand withinthe site can be closely comparedto the same view captured in a historic photo. Ruins Ruins and overgrown elements still convey a clear about Designed Landscapes Changes to a designed landscape can be corrected so that the property retains integrity versus being irrevocable. 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 27 ì ó íî Appendix D Indicators of Community Value The following chart can be used as a starting point to record information that may indicate that a landscape is valued by the community. These examples are not exclusive and/or may not be appropriate for all CHLs. Indicatorsthata CHL Description is valued by the community Community Identity Thelandscape contributes to identity and is usedto tell the story of the community Landmark The area is widely recognized as a landmark Pride and Stewardship The community demonstrates a high degree of pride and stewardship in the area(heritage designations, plaques, voluntary upkeep) Commemoration The areaor elements within the area arenamed to celebrate or commemorate someone or something Public Space The areais a site of frequent or longstanding public gatherings or events Cultural Traditions People use the area to express their cultural traditions Quality of Life Aspects of the landscape are valued for their impact on day to day living Local History The place is written about in local histories or spoken about through local stories or lore Visual Depiction The location is widely photographed or depicted in works of art (visual, literary, etc.) Genius loci People refer to the area as having a distinctive atmosphere or pervading Community Image The area is identified with the community image (e.g. appearing in promotions or marketing material) Tourism The area is promoted as a tourist destination Planning The area has been identified through another planning process as being unique 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 28 ì ó íí Appendix E Criteria for Regional Significance CRITERIA FOR IDENTIFYING AREGIONALLY SIGNIFICANTHERITAGE RESOURCE The Region will identify cultural heritage resourcesof Regional interest. To be identified as being of Regional interest a cultural heritage resource must meet four (4) or more of the following criteria: Recognized/ 1.It is, or it contains element(s) that are, recognized on a municipal, Protected regional, provincial or national heritage list; Old/Rare 2.It dates from a prehistoric or early historical period in the development of the region, province or nation; Outstanding Design 3.It is, or contains element(s) that are, a representative example of the work of an outstanding regional, national or international architect, engineer, builder, designer, landscape architect, interior designer or sculptor; Associated with a 4.It is associated with a person(s) who is recognized as having made a Key Person significant contribution to the social, cultural, political, economic, technological or physical development or as having materially influenced the course of regional, provincial, national or international events; Associated with a 5.It is directly associated with an historic event which is recognized as Key Event having regional, provincial, national or international importance; Illustrates 6.It is a significant example and illustration of the Community historic social, cultural, political, economic or technological Development development; Provides Context 7.It contributes to the effectiveness of the urban and rural composition, streetscape, viewshed, or landscape of which it may form a part; Economic Resource 8.It has the potential for contributing to commercial tourist or other development that is based on heritage and/or culture; Regional Character 9.It is, or contains elements that are, a good example of vernacular architecture or part of a group of similar bridges/ structures/ landscapes which contribute to the particular "look" of the area or region; Part of a Collection 10. It is part of a group of historically associated structures which may be totally within the region or which may be part of a larger area within the context of the Grand River (a nationally designated Heritage River). 1228266 -FIRST DRAFT Implementation Guideline for Cultural Heritage Landscape Conservation 29 ì ó íì ì ó íë ì ó íê