HomeMy WebLinkAboutHK - 2018-01-09 - Item 1b - Implementation Guideline for CHL ConservationDRAFT
Regional Implementation Guideline
Cultural Heritage
Landscape
Conservation
Endorsed by Regional Council
October 2013
(November 2017 Review)
1b - 1
Contents
A. INTRODUCTION 1
1.0What are Cultural Heritage Landscapes?2
2.0Rationale for Cultural Heritage LandscapeConservation2
3.0 Impacts of Undertaking a Cultural Heritage LandscapeConservation 3
Process
4.0Policy Context Provincial Legislation4
B. REGIONAL APPROACH
1.0 Cultural Heritage Landscape Conservation Under the Ontario 7
Heritage Act
2.0 Cultural Heritage Landscape Conservation Under the Planning Act7
3.0 Regional Policy8
4.0 Area Municipal Policy9
C. CONSERVATION PROCESS11
D.GUIDELINES
I.Identification and Evaluation of Cultural Heritage Landscapes13
II.Preparation of a Cultural Heritage LandscapeTechnical Study18
III.Designating Cultural Heritage Landscapes in an Official Plan22
IV.Conservation of a Cultural Heritage Landscapethrough a
25
Cultural Heritage Impact Assessment
E.GLOSSARY OF DEFINITIONS 31
F.REFERENCE LIST33
Appendix A Resource to Assist with Cultural Heritage Landscape34
Identification
Appendix B Criteria for Cultural Heritage Value or Interest36
Appendix C Indicators of Historical Integrity38
Appendix D Indicators of Community Value40
Appendix E Criteria for Regional Significance42
AppendixFCultural Heritage LandscapeConservation Tools Comparison43
Appendix G Region of Waterloo Official Plan Amendment Review Process46
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A.INTRODUCTION
The purpose of the Region of Waterloo Implementation Guideline for Cultural Heritage
Landscape Conservation is to provide guidance to applicants, Area Municipal Heritage
Advisory Committees (MHACs) and Regional and Area Municipal staff on the
implementation of the cultural heritage landscape policies of the Regional Official Plan
(ROP), for the identification of cultural heritage resources, 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 ROP policies 3.G.5, 3.G.6 and 3.G.7 through the following
sections:
Identification and Evaluation of CHLs
Preparation of a CHL Technical Study
Designating CHLs in an Official Plan
Conservation of a CHL through a Cultural Heritage Impact Assessment
The ROP relies on implementation guidelines in a number of subject areas to provide
additional technical guidance in the application of certain policies. Implementation
guidelines elaborate upon ROP policy, but may not be used as a means of introducing
development applications or
for interfering with the natural j
10.B.10).
The content and scope of Regional Implementation Guidelines is determined through a
full, open, and transparent consultation and engagement process with Area
Municipalities, other agencies, interested organizations and citizens. Implementation
guidelines represent statements adopted by Regional Council that detail the manner in
which ROP Policy should be implemented. As relevant ROP policies are updated,
added, or deleted, the Implementation guidelines must also be revised to ensure
conformity with the provisions of the ROP.
As stated in the ROP, through the planned conservationcultural
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.
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1.0 What are Cultural Heritage Landscapes?
ACultural Heritage Landscapeis
ACultural Heritage Landscape (CHL) is a defined in the Provincial Policy Statement
(2014) as a defined geographical area that
location where the influence and/or activity of
may have been modified by human activity
humans on the natural landscape has resulted in
and is identifiedas having cultural heritage
a place with distinctive character and cultural
value or interest by a community, including
importance. These historically significant
an Aboriginal community. The area may
landscapes are valued for the important involve features such as structures,
spaces, archaeological sites or natural
contribution they make to our understanding of
elements that are valued together for their
the history of a place, an event, an individual
interrelationship, meaning or association.
and/or a community.
Examples may include, but are not limited
CHLs are typically characterized by: to, heritage conservation districts
designated under the Ontario Heritage
A concentration of cultural heritage
Act;villages, parks, gardens, battlefields,
resources, such as buildings, structures
mainstreets and neighbourhoods,
and landforms;
cemeteries, trailways, viewsheds, natural
A concentration of supporting structural
areas and industrial complexes of heritage
significance; and areas recognized by
elements such as vegetation, fences or
federal or international designation
roads;
authorities (e.g. a National Historic Site or
Asense of visual coherence; and,
District designation, or a UNESCO World
A distinctiveness which enables the area
Heritage Site).
to be recognized from neighbouring areas.
There are three types of CHLs:
Designed landscapes, which have been intentionally designed;
Organically evolved landscapes, which have evolved through human use, and
are now either relics of the past or are continuing to evolve; and,
Associative landscapes, which have powerful religious, artistic or cultural
associations, some of which may have primarily natural elements and limited
material cultural evidence.
2.0 Rationale for Cultural Heritage Landscape Conservation
Conserving a CHL means identifying, protecting, managing and using a CHL in such a
way that the heritage value, attributes and integrity of the CHL are retained.
CHLconservation provides a means to conserve groupings of cultural heritage
resources that together have greater heritage significance than their constituent
elements or parts. ACHL has both property-based cultural heritage resources and
attributes 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
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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 - CHLsoften support ongoing traditions and reflect particular ways
of life. CHLsage
continuum: learning from the multilayered past; enjoying the vibrancy of the
present; and creating meaningful linkages for the future; and,
Quality of Life - CHLsprovide 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.
3.0 Impacts of Undertaking a Cultural Heritage Landscape Conservation Process
Undertaking a CHLconservation 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 and
infrastructure planning process.
Priority-based Planning The CHLconservation process is a tool to manage
change. The process will be used to better inform land use and infrastructure planning
decisions and is not meant to negatively impact permitted land uses. Conservation of
cultural heritage resources is very often one of many planning 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 CHLconservation, during the
land use and infrastructure planning process will result in the best possible
development or construction/rehabilitation solution that meets as many priorities as
possible. Note: Normal farming practices are protected under the Farming and Food
Protection Act and will not be impacted by CHLconservation.
Increased Transparency - The CHLconservation process requires Area
Municipalities to proactively identify and document CHLs.Designating CHLs within an
Official Plan or designation under the Ontario Heritage Act is (OHA) a means to
making Regional and Area 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 Identified CHLs are supported by documentation which
includes a Statement of Significance for the CHL, and inventories and maps the
cultural heritage resources and attributes associated with the CHL.This research
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provides the foundation of information on which proposed development,site alteration
andinfrastructure projects will be reviewed.
Effective Heritage Protection - Identifying an area as a CHL does not provide
automatic protection to the individualcultural heritage resources and attributes
associated with the CHL. The CHLconservation process documents the cultural
heritage resources and attributes that must be protected in order to conserve the CHL,
lists appropriate conservation measures, and ensures that proposed development,site
alteration and infrastructure projects undergo heritage review.
Individual cultural heritage resources and attributes located within a CHL continue to
be protected through existing and new OHA designations, conservation easements,
Area Municipal Heritage Register listings, secondary plans, neighbourhood design
guidelines and through the implementation of recommendations made within Cultural
Heritage Impact Assessments (CHIA).
4.0 Policy Context Provincial Legislation
The Province requires municipalities to conserve significant CHLs and provides a
variety of legislative planning and financing tools, primarily under the Ontario OHA,
Provincial Policy Statement and Planning Act, to municipalities for use in the
conservation of cultural heritage resources, including CHLs.
4.1 Ontario Heritage Act
The OHA provides three key tools for CHL conservation.
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-OHA-
designated property(ies) of heritage value or interest on their Area Municipal
Heritage Register.
Under the OHA municipalities are required to maintain anArea Municipal Heritage
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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 municipal staff, 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 CHIA or Conservation Plan during the
heritage review process.
4.2 Planning Act and Provincial Policy Statement
The Province has identified the conservation of cultural heritage resourcesincluding
CHLs, as an area of Provincial Interest to be consideredunder the Planning Act and
through the Provincial Policy Statement (2014) (PPS).
The PPS, policy 2.
cultural heritage landscapes shall be conservedConserved is defined as
identification, protection, management and use of built heritage resources, cultural
heritage landscapes andarchaeological resources in a manner that ensures their
cultural heritage value or interest is retained under the OHA. This may be achieved by
the implementation of recommendations set out in a conservation plan, archaeological
assessment, and/or heritage impact assessment. Mitigative measures and/or
alternative development
Conservation of cultural heritage resources, 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.
Cultural heritage resources are conserved through the requirement of CHIAs and/or
Conservation Plans to support proposed development,site alteration or infrastructure
projects that have the potential to directly or indirectly impact the cultural heritage
resource.
4.3 Provincial Resource Documents
The Ministry of Tourism, Culture and Sport (MTCS) provides additional non-legislative
resources to assist communities in the conservation of cultural heritage resources,
such as toolkits and guides. The MTCS 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.
4.4 Environmental Assessment Act
The EA Act requires an EAof any major public sector undertaking that has the
potential for significant environmental effects.EAsare a key part of the infrastructure
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planning process and must be completed before decisions are made to proceed on a
project. EAs determine the ecological, cultural, economic and social impact of the
infrastructure project and are informed through the undertaking of a variety of studies
including CHIAs.
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B.REGIONAL APPROACH
As stated in the previous section, the Province of Ontario requires that significantCHLs
beconserved through the land use and infrastructure planning process using
complementary policy provisions at the Provincial, Regional and Area Municipal level.
The Province has provided a variety of CHLconservation tools, but a uniform province-
wide approach to CHLconservation has not been established. The Region has
therefore, in discussions with the Provincial and Area Municipal staff, developed the
following Regional approach to CHLconservation.
The Regional CHLconservation approach incorporates the full spectrum of provincially
legislated tools for CHLconservation and allows Area Municipalities to choose the
most appropriate conservation tool for each CHL.The chosen CHLconservation tool
will be a reflection of the combined level of heritage conservation and change
management desired by the Area Municipality, public and property owners.
1.0 Cultural Heritage Landscape Conservation under the Ontario Heritage Act
Currently, Area Municipalities have three tools to conserveCHLs 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 Area Municipal Heritage Register as an individual or
grouping of non-designated property(ies) of heritage value or interest
accompanied by a map or description of the CHL.
In order for an Area Municipal Heritage Register listing to effectively conserveaCHL,
the listing process must include:
A full evaluation and documentation of theCHL;
An opportunity for public consultation and engagement;
Council approval; and,
Area Municipal authority to conserve the CHL during the land use and
infrastructure planning processes.
These three CHLconservation tools under the OHA will continue to be used by Area
Municipalities in the Region. The complete processes used for designating or listing a
CHL under the OHA are not addressed as part of this implementation guideline as they
are a well entrenched practice. However, portions of this implementation guideline
may prove useful in the preliminary identification, evaluation and documentation of
CHLs being conserved under the OHA.
2.0 Cultural Heritage Landscape Conservation under the Planning Act
CHLconservation tools under the OHA have been available for many years,and have
resulted in a small number of CHLs within the region being identified and protected
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under the OHA. In recent years, Area Municipalities have been working to identify
candidate CHLs and a variety of landscape level conservation measures are now
being proposed or are 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
Area Municipalities to conserveCHLs under the Planning Act by designating CHLs in
their Official Plans.
Note: CHLs that have already been or are planned to be conserved under the OHA as
outlined above may also be, but are not required to be, designated in Area Municipal
Official Plans.
Conserving CHLs under the Planning Act the CHLconservation process outlined in
this Regional Implementation Guideline, should be used when:
There are multiple CHLs that a community needs to conservewithin 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 the OHA designations 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 CHIAs,
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); and/or,
There are opportunities for proposed development,site alterations and
infrastructure projects to enhance the existing character of the area and/or
conserve the grouping of cultural heritage resources.
A comparison of the above mentioned CHLconservation tools can be found in
Appendix F.
3.0 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
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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 Area Municipal
Heritage Register, official plan policies, secondary plans and zoning bylaws;
and
(c) recommendations for additional conservation measures.
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 formally recognizing a
CHL on a list and map or schedule contained in or appended to the Official Plan.
3.G.7 The Region will assist Area Municipalities with the preparation of Cultural
Heritage Landscape Conservation Plans (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
Area Municipal Heritage Register. (An amendment may be made in order to
clarify that this includes the consideration of CHIAs within or adjacent to a
CHL).
ACHL evaluated and identified as a cultural heritage resource of Regional interest is
also subject to ROP policies 3.G.2, 3.G.14, 3.G.15, 3.G.17, 3.G.18, 3.G.19 and 3.G.20.
4.0 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 CHLconservation policies include, but not
be limited to, a commitment by the Area Municipality to:
1. Identify and document individual CHLs through a Cultural Heritage Landscape
Technical Study as outlined in ROP 3.G.5;
2. Designate individual CHLs in the Area Municipal Official Plan; and,
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3. Review development,site alteration and infrastructure projects within or
adjacent to designated CHLs to ensure that the cultural heritage resources and
attributes of the CHL will be conserved. A CHIA may be required to assist the
Area Municipality in making this determination.
Associated CHLconservation policies may include a commitment by the Area
Municipality to:
List and/or designate under the OHA individual cultural heritage resources and
attributes inventoried within a CHL;
Consider the impact of lot creation and/or reconstruction within the CHL;
Further investigate CHLs to identify additional and/or evolving cultural heritage
resources and attributes; and,
Promote the awareness, appreciation and enjoyment of CHLs.
5.0 Expectations and Outcomes of ROP Policies and the Implementation
Guideline
Implementation of the ROP CHLconservation policies using this Implementation
Guideline will result in:
1. Comprehensive region-wide identification and evaluation of CHLs;
2. Documentation of individual CHLs in Technical Studies, 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;
3. Individually designated CHLs in Area Municipal Official Plans; and
4. Area Municipal authority to require a CHIA to support proposed development,
site alteration and infrastructure projects within or adjacent to an identified CHL.
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C.CONSERVATION PROCESS
The following process for conserving CHLs under the Planning Act has been
developed to ensure that CHLs are recognized early in the land use and infrastructure
planning process, and that comprehensive information on the cultural heritage
resources and attributes of the CHL are available when making planning decisions.
The CHLconservation process includes:
Identifying and documenting individual CHLs in a Technical Study that
evaluates, inventories and maps the cultural heritage resourcesand attributes
associated with the CHL and documents current and proposed conservation
measures for the CHL;
Designating of CHLs in Area Municipal Official Plans, excluding CHLs currently
conserved under the OHA; and,
Reviewing proposeddevelopment,site alteration and infrastructure 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 Plans to allow for the designating of any individual CHLs using the
process outlined below. Information on general policies for CHLconservation at the
Area Municipal level can be found in Section B (4.0).
The CHLconservation process has seven key steps to be undertaken through this
Implementation Guidelines.The following chart outlines the connection of each key
step to the associated section. A process chart is included on the following page.
Key StepsAssociated Section of the Guideline
1Identify Candidate CHLs
Identification and Evaluation of CHLs
2Inventory and Map individual Candidate CHLs
3Evaluate the Candidate CHL
4Determine Regional interest in the Candidate CHL
5Document the Candidate CHLin a Technical StudyPreparation of a CHLTechnical Study
6Designate the CHLin the Official Plan using the Official Designating CHLs in an Official Plan
Plan Amendment process under the Planning Act
7Conservethe CHLthrough the land use and infrastructure Conservation of a CHLthrough a
planning processesCultural Heritage Impact Assessment
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CHL Conservation Process Chart
Step 1
Identification of Candidate CHLs
Candidate Candidate Candidate Candidate
Candidate
CHL #2 CHL #3 CHL #4 CHL #5
CHL #1
Step 2
(Each CHL will undergo the same process as
Inventory
CHL #1 from this point forward)
& Mapping
Regional Consultation
Evaluation of
Evaluated as a
and Engagement
Step 3
Significance
Significant
for CHLs of
& Step 4
CHL
Regional Interest
Step 5
Documentation
NOT a
of CHL in a
Significan
Technical
CHL
Study
No further
action
Preparation of
Formally Recognized
Step 6
(more than one CHL
Report Recommending
as a CHL through
may be ready to
CHL Designation
designate at one time)
designation in Area
through an Area
Municipal Official Plan
Municipal OP
Amendment
Conservation of the CHL in
Step 7
the land use and
infrastructure planning
processes through the
Please note that Property Owner and public engagement and
requirement of CHIAs
consultation is included at each Step in the Conservation Process
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D.GUIDELINES
I.Identification and Evaluation of Cultural Heritage Landscapes
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
HeritageLandscapes 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 CHLTechnical Study)
that includes:
a)a statement of significance;
b)a listing of the cultural heritage resourcesand attributes being
conservedwithin 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 conservationmeasures.
Application
In accordance with policy 3.G.5 of the Regional Official Plan (ROP), this section of
the guideline will apply when Area Municipal staff and Municipal Heritage Adviory
Committees are identifying and evaluating the significance of the candidate Cultural
Heritage Landscapes (CHL).ACHL 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 section of the guideline is to ensure an efficient, consistent,
comprehensive and defensible process is used to identify CHLsworthy of
conservation within the region.
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Identification and Evaluation of Cultural Heritage Landscapes
ACHL is a defined geographical area that may have been modified by human activity
and is identified as having cultural heritage value or interest by a community,
including an Aboriginal community. The area may involve features such as
structures, spaces, archaeological sites or natural elements that are valued together
for their interrelationship, meaning or association. Examples may include, but are not
limited to, heritage conservation districts designated under the Ontario Heritage Act
(OHA); villages, parks, gardens, battlefields, mainstreets and neighbourhoods,
cemeteries, trailways, viewsheds, natural areas and industrial complexes of heritage
significance; and areas recognized by federal or international designation authorities
(e.g. a National Historic Site or District designation, or a UNESCO World Heritage
Site). (Provincial Policy Statement, 2014).
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 (OHA) Regulation 9/06, shall be conserved. Candidate CHLs
that are evaluated and found to be 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 should no longer be
referred to as CHLs.
1.0 Area Municipal staff and Municipal Heritage Advisory Committees will develop
a list of candidate CHLs for their municipality.
1.1 The list of candidate CHLs will include, but not be limited to:
a) areas that correspond to the historic themes and associations
important to the development of the municipality;
b) areas that contain a grouping of cultural heritage resources
identified through a visual survey; and,
c) landscapes valued by a community suggested by the public
through engagement and consultation or in written documents such
as local histories, planning documents, listings of important
landscapes, etc.
1.2 Undertaking public engagement and consultation is strongly
encouraged during the development of the list of candidate CHLs.
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 complementary conservation processes for cross jurisdictional CHLs
such as those related to rivers, valleylands or agricultural practices.
1.5 Municipalities may use the additional information and resources for
identifying candidate CHLs included in Appendix A.
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2.0 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 Cultural Heritage Resources based on the Criteria for
Regionally Significant Cultural Heritage Resources (RSCHR) adopted
by Regional Council in 2002 (P-02-083) (see Appendix E).
3.0 Aninventory of cultural heritage resources and attributes will be developed for
each candidate CHL.
3.1 The inventory of cultural heritage resources and attributes will include
but not be limited to:
Built features (buildings, structures, monuments, installations or
remains associated with architectural, social, political, economic or
military history),
Ecological features (ecosystems within the landscape),
Vegetation (natural or introduced),
Landforms (natural or human made),
Water features (natural or designed),
Archaeological resources,
Evidence of traditional practices,
Views and visual relationships,
Spatial organization and landmarks,
Land-use patterns,
Circulation networks,
Boundary/linear features,
Public access, and,
Open space.
3.2 The inventory should include as detailed information as possible on
each individual cultural heritage resource and attribute i.e. architectural
or engineering details, historical associations, etc.,
3.3 The inventory of cultural heritage resources and attributes will be used
during the evaluation of significance for the candidate CHL.
3.4 For CHLs found to be significant, the inventory of cultural heritage
resources and attributes will be documented in the CHL Technical
Study.
4.0 Each candidate CHL will be geographically defined through detailed mapping
of the cultural heritage resources and attributes listed in the inventory.
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4.1 The detailed mapping of the cultural heritage resources and attributes
(as listed above) will be used during the evaluation of significance for
the candidate CHL.
4.2 Mapped boundaries and/or buffer zone(s) should be included if they aid
in the conservation of the CHL. Demarcating a firm boundary for an
evolved landscape that continues to evolve is not required.
a) Defining the boundaries of a CHL can involve a range of
considerations including, but not limited to the use of: roadways;
rights-of-way; river corridors; fences; edges of tree lines and hedge
rows; property lines; landforms; and lakeshores (MOTCS InfoSheet
#2).
4.3 For CHLs found to be significant, the detailed mapping of the cultural
heritage resources and attributes identified in the inventory will be
documented in the CHL Technical Study.
5.0 The significance 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.
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 a
and/or physically
community.
reflect the past.
5.1 Criteria for determiningcultural heritage value or interest 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 of Ontario in Regulation 09/06. Area Municipalities will
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andidate CHL,
evaluate the cultural heritage value or interest of each c
using the chart in Appendix B, and will summarize their findings in a
CHL Statement of Cultural Heritage Value or Interest.
5.2 Historical integrity 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. Area
Municipalities will evaluate the historic integrity of each candidate CHL,
using the chart in Appendix C to gather information, and will summarize
their findings in a CHL Statement of Historical Integrity.
5.3. Community value can be evaluated by determining the presence of
indicators of community value. Area Municipalities will evaluate the
community value of each candidate CHL, using the chart in appendix D
to gather information and will summarize their findings in a CHL
Statement of Community Value.
5.4 An overall Statement of Significance which combines the cultural
heritage value or interest, historical integrity and community value of the
candidate CHL will be developed.
6.0 For evolved landscapes, the inventory, mapping and measures of significance
must illustrate and evaluate the evolution of the landscape over time.
7.0 Acandidate CHL that has been evaluated and found to have cultural heritage
value or interest, historical integrity and community value is significant.
8.0 Each significantCHL will be documented in a CHL Technical Study and
recommended for being designated in the Area Municipal Official Plan.
Candidate CHLs that are evaluated and found not to be significant will not be
taken any further through the process and should no longer be referred to as
CHLs.
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II.Preparation of a Cultural Heritage Landscape 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, and for 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 resourcesand attributes
being conservedwithin 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 conservationmeasures.
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 CHLTechnical Studies) for Cultural Heritage Landscapes of
Regional Interest.
Application
In accordance with policies 3.G.5 and 3.G.7 of the Regional Official Plan (ROP), this
section of the guideline will apply when a Cultural Heritage Landscape Technical
Study is being developed for a candidate Cultural Heritage Landscape (CHL) being
recommended for conservation.
Purpose
The purpose of this section of the guideline is to ensure appropriate and consistent
methods and report formats are applied in the preparation of CHL Technical Studies.
Compliance with this section of the guideline will:
Enable the documentation of the 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.
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Preparation of a Cultural Heritage Landscape Technical Study
The CHL Technical Study is an important source document developed and
maintained by the Area Municipality, in engagement and consultation with Municipal
Heritage Advisory Committees and/or community stakeholders. A CHL Technical
Study is prepared for each CHL found to be significant and worthy of conservation.
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.
1.0 The CHL Technical Study will be completed by Area Municipalities and will
include, but is not limited to:
Existing Information from the Identification and Evaluation of the Candidate
CHL
The Statement of Significance (a summary of the Cultural Heritage
Value or Interest, Historical Integrity and Community Value) (see Section
2.0 below); and
An inventory and map of the cultural heritage resources and attributes of
the landscape (see Section 3.0 below);
Additional Information
An analytical listing of current and recommended conservation measures
for the cultural heritage resources and attributes of the CHL (see Section
4.0 below);
Additional Recommended Information (Optional)
A shared vision for the CHL (see Section 5.0 below); and,
A management strategy for the CHL (see section 6 below).
1.1 The Region will assist Area Municipalities in the preparation of CHL
Technical Studies for CHLs of Regional interest.
1.2 The Technical Study will be made available to consultants preparing
CHIAs for proposed development,site alteration and infrastructure
projects within and adjacent to the CHL.
1.3 CHL Technical Studies are evolving documents which will require
updating as land use and policy changes are made.
2.0 The statement of significance 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. The Statement of
Significance is an important tool as it provides justification for conserving the
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CHL.
3.0 The comprehensive inventory and map of cultural heritage resources and
attributes includes, but is not 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.
4.0 The analytical listing of Conservation Measures for the cultural heritage
resources andattributes of the CHL includes, but is not limited to:
A comprehensive listing of existing conservation measures;
A thorough evaluation of the ability of the existing conservation
measures to conserve the inventoried heritage features and their
context; and,
Recommendations for additional conservation measures where
needed.
4.1 CHLconservation measures may include, but are not limited to the
following planning and financial tools:
Protection of individual properties under the Ontario Heritage Act
(OHA) through designation or conservation easements;
Protection of a specific areas within the CHL as Heritage
Conservation Districts (HCD) under the OHA and through related
HCD policies, guidelines, studies and plans;
Listing of individual or groupings of non-designated property(ies)
on the Area Municipal Heritage Register;
Official Plan policies (i.e. settlement boundaries, land
designations
and specific policies attributed to them);
Secondary or Community Plans;
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;
Condominium Declarations;
Stewardship activities;
Financial incentives for OHA designated properties or within
Community Improvement Plan areas; and,
Public education and heritage resource interpretation, etc.
4.2 The analytical listing of conservation measures process will assist in
highlighting vulnerable cultural heritage resources and attributes and
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will result in recommendations for improved conservation measures.
5.0 Ashared vision for the CHL may be created by community stakeholders based
on the collective understanding of the significance of the CHL; its cultural
heritage value or interest, historical integrity and community value.
6.0 Amanagement strategy 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 CHLconservation
7.0 A CHL Technical Study that includes all of the following may be referred to as
a CHL Conservation Plan:
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, treatments and
interventions, short or long term maintenance programs,
implementation, including guidelines on martials and implementing
methods;
The qualifications required for anyone responsible for the conservation
work;
Schedule for conservation work, inspection, maintenance, costing, and
phases of the rehabilitation or restoration work;
Monitoring of the cultural heritage resource and the development of a
long term reporting structure; and,
A Time period for the review and updating of the Conservation Plan
itself.
8.0 A scoped Conservation Plan may be required by the approval authority for a
proposed development, site alteration or infrastructure project in order to
conserve a specific cultural heritage resource or attribute that is within a larger
CHL and is impacted by the proposed development, site alteration or
infrastructure project (see Section IV of the Implementation Guideline).
9.0 When a CHL is identified during the land use or infrastructure planning
process, rather than proactively identified using the process outlined in this
implementation guideline, the information usually contained in the CHL
Technical Study must be gathered and included in the inventory phase of a
required CHIA see Section IV of the Implementation Guideline) undertaken by
the proponent of the project.
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III.Designating Cultural Heritage Landscapes 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 CHLin an Area Municipal Official Plan means to identify each
individual CHLon a list and map or schedule contained in or appended to the
Area Municipal Official Plan.
Application
In accordance with policy 3.G.6 of the Regional Official Plan (ROP), this section of
the guideline will apply when Area Municipalities designate a Cultural Heritage
Landscape (CHL) in their Official Plan.
Purpose
The purpose of this section of the 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;
provides an opportunity for public engagement and consultation and Council
approval;
results in an accessible public record of identified CHLs; and
allows Area Municipalities to require Cultural Heritage Impact Assessments
(CHIAs) to ensure that proposed development,site alteration and
infrastructure projects conserve the cultural heritage resources and attributes
of the CHL.
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Designating CHLs in an Official Plan
1.0 Area Municipal Official Plans will include general policies for the conservation
of significant CHLs.
1.1 These policies will include a commitment by the Area Municipality to:
identify and document individual CHLs through a Cultural Heritage
Landscape Technical Study; designate individual CHLs in the Area
Municipal Official Plan; and review development,site alteration and
infrastructure projects within or adjacent to designated CHLs to ensure
that the cultural heritage resources and attributes of the CHL will be
conserved.
2.0 Area Municipal Official Plans will designate CHLs.
2.1 The Official Plan will identify the designated CHL using an official name,
a statement of significance and a general location map of the CHL
using a simple location marker such as an unbounded shape or
asterisk, and will reference to the detailed documentation within the
CHL Technical Study.
2.2 Additional CHLconservation policies and/or a detailed map may be
included.
3.0 Areport that recommends designating aCHL through an amendment to the
Official Plan will be prepared to include:
Official CHL Name;
Reason for Designating - Statement of Significance; and,
Impacts of Designating, including but not limited to the potential
requirement of a CHIA for proposed development,site alteration and
infrastructure projectswithin and adjacent to the CHL.
3.1 The CHL Technical Study shall be provided to support the
recommendation.
4.0 Standard procedures for Official Plan Amendments under the Planning Act will
befollowed with respect to giving notice, providing information and public
engagement and consultation. See Appendix G for a flow chart illustrating the
Region ROP Amendment process.
5.0 Area Municipalities may have additional processes and methods for identifying
and conserving CHLs so long as they result in:
Comprehensive identification and evaluation of CHLs;
Documentation of each CHL, that includes but is not 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,
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Area Municipal authority to require a CHIA to support proposed
development,site alteration and infrastructure projectswithin and
adjacent to identified CHLs.
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IV.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 addressed through a
conservationplan 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 adjacentto 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 clarify that this includes the consideration of CHIAs
within or adjacentto a Cultural Heritage Landscape).
Adjacentwill be defined aslands that are situated in sufficiently close proximity
such that development,site alterationor aninfrastructureproject 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 (ROP), this
section of the Guideline will apply when development,site alteration or an
infrastructure project is proposed within or adjacent to a designated Cultural Heritage
Landscape (CHL).
Purpose
The purpose of this section of the 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 and infrastructure planning process. The
majority of CHLs are expected to be identified in areas where heritage review is
already required due to the presence of individual cultural heritage resources. The
number of CHIAs required is not expected to significantly increase. Where CHLs are
identified, additional landscape scale assessment will be required. This section of
the guideline outlines how heritage review at a landscape scale will be incorporated
into the existing heritage review process.
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Conservation of a Cultural Heritage Landscape through a
Cultural Heritage Impact Assessment
1.0 During development application or site plan review, infrastructure planning and
Environmental Assessment processes, an Area Municipality may require the
submission of a CHIA if the proposed development,infrastructure or site
alteration results in any of the following list of negative impacts to a CHL:
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;
Creation of shadows or obstructions that alter the appearance of a
cultural heritage resource or attribute, or change the viability of an
attribute within the CHL (e.g. blocking sunlight to natural features or
plantings that have been identified as heritage attributes);
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 cultural
heritage value of the CHL (for example, the change introduces new
development or site alteration into a previously open space that was
identified as a heritage attribute such as infill on a battlefield, parkland
or similar);
Land disturbance such as change in grade that alter soils and drainage
patterns, or vibrations that occur from construction activity that may
adversely affect a cultural heritage resource or attribute;and/or,
Increase in other disturbances such as noise and/or traffic in or near the
CHL.
2.0 Where it is determined that a CHIA is required, it will be prepared by an
accredited qualified professional, with individual expertise, recent experience
and knowledge relevant to the type of cultural heritage resource within their
professional discipline as well as the nature of the development or
infrastructure improvement being proposed. This qualified professional may be
an architectural or landscape consultant with knowledge of accepted
standards of historical research, identification, evaluation and methods of
conservation and mitigation. The expertise of more than one qualified
professional may be required. For example, a complex property with more
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than one type of cultural heritage resource may require an historian, a
professional engineer an architect, a consultant archaeologist, a landscape
architect, and/or heritage planner, etc. Consideration for combining technical
assessments should be given so that duplication is minimized and information
may be shared readily.
2.1 The CHIA
Credentials, qualifications and experience gained through having
worked directly on the type of RSCHR being addressed by the
CHIA;
Demonstrated expertise with CHLsandtype of cultural heritage
resources within the CHL as well as the nature of the
development or infrastructure improvement being considered ;
Recent and relevant professional experience in conservation (i.e.
within the last three to five years);
Experience giving expert testimony on cultural heritage before a
provincial tribunal (e.g. the Conservation Review Board, Ontario
Municipal Board or Environmental Review Tribunal) ; and,
Ability to ensure Indigenous Communities will be engaged.
3.0 The CHIA may contain, but not be limited to, the following items in accordance
with any approved Area Municipal guidelines andthe draft guidance recently
released (Oct. 2017) by the Ministry of Tourism, Culture and Sport, A Guide
to Cultural Heritage Resources in the Land Use Planning Processes
3.1 Introduction
A legal description of the property;
A site plan of existing conditions, to include buildings, structures,
roadways, driveways, drainage features, trees and tree canopy,
fencing, and topographical features;
Legislation or process under which the development is being
undertaken;
Name of the proponent; and
A detailed description of the proposed development and any site
alteration.
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3.2 Historic background of the Resource
Historical research, site analysis and evaluation of the
associatedCHL, if not previously undertaken by the Area
Municipality (see Section II of the Implementation Guideline);
A written and visual inventory (photographs) of all elements of
the property(ies) that contribute to the cultural heritage value of
the associated CHL, to include: overall site views, views to
adjacent properties and views of the site from within the CHL;
and internal photographs and floor plans for onsite cultural
heritage resources; and,
Identification and description of the significance and cultural
heritage resources and attributes of the associated CHL.
Include a recommendation as to whether any cultural heritage
resources on the subject property are worthy of heritage
designation in accordance with Regulation 9/06, Ontario
Heritage Act (OHA);
3.3 An assessment of the impacts of the proposed development or
site alteration on the CHL and attributes
There may be negative impacts on the CHL and cultural heritage
resources and attributes before, during or after work has been
completed. These impacts may be direct or indirect, temporary
or permanent. Negative impacts should be described in terms of
their effect on specific heritage attributes, as well as their effect
on the entire property, even if the proposed development or site
alteration only affects a portion of it.
3.4 Identification and evaluation of development alternatives,
mitigation and conservation measures that may reduce the
adverse impacts of the proposed development, site alteration
or infrastructure project on the Resource
Evaluation must be completed on the basis of established
principals, standards and guidelines for heritage conservation,
and alternatives must describe how these standards and
guidelines have been applied;
Evaluation must address all applicable heritage conservation
policies in the Area Municipal, Secondary Plans and other
planning documents;
Evaluation must also consider the findings of any archaeological
assessment(s) and other relevant technical studies that have
been separately undertaken; and,
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Avoidance or not proceeding with the development should
always be a considered alternative.
NOTE: Commemoration and/or interpretation signage are not mitigation strategies
3.5Summaries of Community and Indigenous engagement
A description of who was engaged and how. The CHIA should
take into account the opinions of interested persons,
communities and organizations; and,
A description of how comments were incorporated into the
recommended approach.
3.6Recommendations
A summary statement of the preferred conservation
recommendations;
If there is going to be an impact on the CHL, there should be a
detailed explanation as to why the impact can not be avoided;
If other site alteration or development approaches were
evaluated an explanation as to why they were not appropriate,
should be included; and,
A schedule and reporting structure for implementing the
recommended conservation or mitigative or avoidance measures
and for monitoring the CHL as the proposed development
progresses.
3.7Appendices
undertaking the CHIA as described in section 3 above;
Bibliography; and
Other relevant documents, maps or photographs.
4.0 CHIAs may be scoped or waived based on the potential negative impacts of
the proposed work.
5.0 An approval authority may also require a Conservation Plan for a proposed
development, site alteration or infrastructure project in order to conservea
cultural heritage resource or attribute that contributes to the significance of the
associated CHL and is impacted by the proposed development, site alteration
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infrastructure project.
or
6.0 Proposed development,site alteration and infrastructure projects that have the
potential to impact a cultural heritage resource of Regional interest will require
aCHIA that will be submitted to the satisfaction of the Region as part of the
heritage review process.
7.0 Development proponents and Area 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.
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E.GLOSSARY OF DEFINITIONS
Adjacent means lands that are situated in sufficiently close proximity such that
development,site alteration or an infrastructure project could reasonably be expected
to produce a negative impact on an identified cultural heritage resource.
Attribute - A quality or characteristic inherent in or ascribed to a cultural heritage
landscape that contribute to their cultural heritage value or interest.Attributes of a
CHL 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.
Built heritage resource one or more significant buildings, structures, monuments,
installations or remains assocated with architectural, cultural, social, political,
economic or military history and identified as being important to the community. Thes
resources may be identified through designation or heritage conservation easement
under the Ontario Heritage Act, or listed by local, regional, provincial or federal
jurisdictions
Conserve/conserved 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.
Cultural Heritage Impact Assessment (CHIA) a study to determine if cultural
heritage resources will be negatively impacted by a proposed development,site
alteration or infrastructure project. It can also demonstrate how the cultural heritage
resource will be conserved in the context of redevelopment, site alteration or
infrastructure improvement. Mitigative or avoidance measures or alternative
development approaches may also be recommended
Cultural heritage landscape (CHL)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 strutures,
spaces, archaeological sites and natural eelemtns, which together form a significant
type of heritage form, distinctive from that of its constituent elements or parts
Cultural heritage resources the physical remains and the intangible cultural
traditions of past human activities. These include, but are not limited to:
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;
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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).
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.
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.
Environmental Assessment (EA) a process for the authorization of an
undertaking under legislation such as the Environmental Assessment Act, and the
Ontario Energy Board Act.
Infrastructure - physical structures (facilities and corridors) that form the foundation
for development.Infrastructure includes: municipal drinking-water supply systems,
municipal wastewatersystems, septage treatment systems, storm water
management systems, waste management systems, electric power generation and
transmission, communications/telecommunications, transit systems and corridors, the
Regional Road system, Provincial Highways, railways, oil and gas pipelines and
associated facilities.
Normal farm practices a practice, as defined in the Farming and Food Production
Protection Act, that is conducted in a manner consistent with proper and acceptable
customs and standards as established and followed by similar agricultural operations
under similar circumstances; or makes use of innovative technology in a manner
consistent with proper advanced farm management practices. Normal farm practices
shall be consistent with the Nutrient Management Act, and regulations made under
that Act.
Significant/Significance means 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.
Site alteration activities, such as grading, excavation and the placement of fill that
would change the landform and natural vegetative characteristics of a site.
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 .
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F.REFERENCE LIST
Department of Canadian Heritage (2001). A Cultural Framework for Canadian
Heritage Rivers. Ministe
for Canada.
Envision and Andre Scheinman Preservation Consultant (2006). Cultural Heritage
Landscapes in Waterloo Region: A Framework for Inventory, Assessment and Policy
Development.A background document prepared for the Region of Waterloo.
Grand River Conservation Authority (1994). The Grand Strategy for Managing the
Grand River as a Canadian Heritage River. Coordinated by the GRCA on behalf of
the Province of Ontario.
Ministry of Culture. (2006). Heritage Resources in the Land Use Planning Process.
Ministry of Culture (2006), InfoSheets
Ministry of Culture (2005). Ontario Heritage Act
Ministry of Culture (2006). Ontario Heritage Toolkit
Ministry of Municipal Affairs and Housing. (2005). Provincial Policy Statement.
Ministry of Tourism, Culture and Sport. (2017) A Guide to Cultural Heritage Resources in the
Land Use Planning Process, REVIEW DRAFT. Environmental Registry (EBR) Posting.
Parks Canada (2010). Standards and Guidelines for the Conservation of Historic
nd
Places in Canada: A Federal, Provincial and Territorial Collaboration, 2 edition.
Region of Waterloo (2009). Regional Official Plan.
United Nations Educational Scientific and Cultural Organization (UNESCO) (1992).
The Operational Guidelines for the Implementation of the World Heritage Convention.
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dix A Resource to Assist with Cultural Heritage
Appen
Landscape Identification
1) Defining Community
Cultural Heritage Landscapes (CHL)s
good first step in CHL identification is to broadly define the community(ies) that are
part of your municipality e.g. those who reside in or regularly visit an area; historians
or heritage advocates; tourists; artists; researchers; cultural groups; etc.
2) Develop a list of historic themes and associations important to the
development of your municipality and list the corresponding landscapes
within your municipality.
The historical context of your municipality provides a solid foundation for identifying
significantcultural heritage resources including candidate CHLs. Cultural Heritage
Landscapes in Waterloo Region (2004) lists regional Themes and Associations
Ministry of Natural Resources in 1972. The Grand Strategy (1994) collaborative
management plan for the Grand River, a nationally designated Canadian Heritage
River, contains information on watershed-wide cultural heritage resources and river-
based cultural landscapes.
Similar listings may already exist or could be developed for your municipality. The
used as a starting point. The list of historic themes and associations will aid in both
the identification and evaluation of candidate CHLs.
3) Undertake a visual survey of your municipality 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 municipality that may have the physical qualities of a
candidate CHL. Landscapes may be agricultural areas, historic settlements,
industrial sites, institutional districts, natural areas, residential neighbourhoods, etc.
4)
they value. Be sure to engage and consult the public in a way that would
seek input from the variety of communities present in the municipality. In
addition, consult the listings of important landscapes that have been
developed for various reasons in the past.
Sample Questions to Ask Your Community
e due to their design or physical form?
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Potential Source Documents
-local histories
- planning documents
- listings of important landscapes
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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, Culture and Sport 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 landscape is rare, unique, representative
hasdesign or an early example of a
value or landscape (style, trend,
physical value movement, school of theory,
because it,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 direct associations with a
has historical theme, event, belief, person,
value or activity, organization or
institution that is significantto a
associative
valuebecause it, 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 significantto a
community
The landscape is important in defining,
has contextual maintaining or supporting the
value because it, character of an area
is physically, functionally,
visually or historically linked to
2379367 DRAFT36
1b - 38
its surroundings
is a landmark
2379367 DRAFT37
1b - 39
Appendix C Attributes and 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 Cultural Heritage Landscapes (CHL).
Historical Integrity CriteriaDescription
Land use
The landscape has had continuity in use
and/or a compatible use (agricultural,
commercial, residential or institutional).
Ownership
There has been a continuity of ownership or
occupation of the site, dating to a historic
period.
Built Elements
The buildings and other built elements
(fences, walls, paths, bridges, corrals, pens,
garden features, lighting, sidewalks, fountains,
piers, etc.) have survived in their historic form
and in relatively sound condition.
Vegetative Elements
Plantings (hedgerows, windrows, gardens,
shade trees, etc.) are still evident and their
traditional relationship to buildings, lanes,
roadways, walks and fields are still
discernible.
Cultural Relationships
The relationships between historic buildings
and other built and designed elements (yards,
fields, paths, parks, gardens, etc.) are intact.
Natural Features
Prominent natural features (cliff, stream,
vegetation, etc.) remain intact.
Natural Relationships
The historical relationships to prominent
natural features still exist both for the site as a
whole and within the site.
Views
The existing views of and within the site can
be closely compared to the same view in the
past (certain views may have been captured
in historic photos).
Ruins
Ruins and overgrown elements still convey a
2379367 DRAFT38
1b - 40
Designed Landscapes
Changes to a designed landscape can be
corrected so that the property retains integrity
versus being irrevocable.
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1b - 41
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 a community. A community can be broadly
defined to include any grouping of people, such as: those who regularly visit or reside
in an area; historians or heritage advocates; tourists; artists; researchers; cultural
groups; etc. The listed indicators of Community Value below are examples and may
not be appropriate for all Cultural Heritage Landscapes (CHL).
Indicators that a CHL Description
is valued by a community
Community Identity
identity and is used to tell the story of the
community
Landmark
The area is widely recognized as a landmark
Pride and Stewardship
The community demonstrates a high degreeof
pride and stewardship in the area (heritage
designations, plaques, voluntary upkeep)
Commemoration
The area or elements within the area are
named to celebrate or commemorate someone
or something
Public Space
The area is 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 perva
Community Image
The area is identified with the community image
(e.g. appearing in promotions or marketing
2379367 DRAFT40
1b - 42
material)
Tourism
The area is promoted as a tourist destination
Planning
The area has been identified through another
planning process as being unique
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1b - 43
Appendix E Criteria for Regional Significance
CRITERIA FOR IDENTIFYING
A REGIONALLY SIGNIFICANT CULTURAL HERITAGE 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 Area
ProtectedMunicipal, Regional, provincial or national heritage list;
Old/Rare2. It dates from a prehistoric or early historical period in the
development of the region, province or nation
Outstanding 3. It is, or contains element(s) that are, a representative example of
Designthe 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
Key Personmade a 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
Key Eventas having regional, provincial, national or international
importance;
Illustrates 6. It is a significant
prehistoric or historic social, cultural, political, economic or
Developmenttechnological development;
Provides Context7. It contributes to the effectiveness of the urban and rural
composition, streetscape, viewshed, or landscape of which it
may form a part;
Economic 8. It has the potential for contributing to commercial tourist or other
Resourcedevelopment that is based on heritage and/or culture;
Regional Character9. 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 Collection10. 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 withinthe context of the Grand River (a nationally
designated Heritage River).
2379367 DRAFT42
1b - 44
onservation
that council
2005) and on
-
;
opment
tatement of
S
ignificance for the
A Part V Designation
objectives to be achieved through the designation; aSdistrict; an inventory of heritage attributespolicies for enhancing the district; guidelines which describe the type of work or develwould
find acceptable; anda description of external alterations that would not require a heritage permit.
Register
a)b)c)d)e)f)
OH
Yes, on title (postthe Yes, through an HCD Study and then an HCD CPlan, to include:YesYes
Register
law, including
-
OHA Part IV
Designation
Yes, on title and on the Yes, evaluation form, Statement of Significance and Designating BylocationNoYes
Yes
Area
Listing
Heritage Register
Municipal
OHA
Yes, on the RegisterYes, evaluation form and Statement of Significance including locationNoWithin
)
CHL
CHL
cultural
conserved
attributes
commendations
Official Plan
43
significance;of the heritage resources andbeing within the through the use of existing planning tools; andfor additional conservationmeasures.
Designating in an
(a) a statement of (b) a listing (and map) (c) re
Yes, in Official PlanYes, through aCultural Heritage Landscape (Technical Study, to include:NoYes
Cultural Heritage Landscapes Conservation Tools Comparison
Area
cultural
unicipality
Area M
Appendix F
he designation.
unicipal zoning and other
akes precedence in the event
Identifies the area as a heritage resourceRequires the documentation of the landscapeTof a conflict with existing Mbylaws that were in place prior to tEnables the
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1b - 45
OHA Part V Designation
YesYes.Yes
OHA Part IV
Designation
YesYesYes
Area
Listing
Register
yes if
Municipal
OHA
ith a
AdjacentNoNoAlterations and new construction associated wdevelopment applicationDemolition yes through delay of demolition andopportunity to designate under the OHANo
part of
is
CHL
ficial Plan
Of
44
Designating in an
Only for OHA protected properties or if the an approved Community Improvement Plan.NoNo
to
site
on
.
and
CHL
unicipality
adjacent
unicipality to unicipality to
Area M
Cultural Heritage
Area MArea M
development
within or
CHL
to require a Impact Assessment (CHIA)proposed alterationthe Allows the make financial grants or incentives available to heritage property owners.Provides the with the power to decide
whether alterations, new construction or demolition can take place within the Allows the
2379367 DRAFT
1b - 46
Yes
binding
-
But can be
Noobjected to, and referred to the Conservation Review Board for a nonrecommendation
No
45
Yes
le to the Ontario
develop and enforce heritage property standards.Designation process is appealabMunicipal Board
2379367 DRAFT
1b - 47
ith
received,
copies of
Area Municipality w
8. If no appeals Approval Page and Confirmation Letter are prepared and forwarded to signed amendment
20 day time limit
OPA Approval Fee Received
of the public who
7. Official Plan Amendment Report and Notice of Decision are prepared, signed and circulated to Area Municipality, applicant, agencies, and stakeholders/membersrequested a copy in writing
6. Copies of Amendment, Declarations, Record and Area Municipal Council endorsement provided to the Region
blic
180 day time limit
5. PuMeeting held
46
4. Consolidated Post Circulation Comments drafted and circulated to Area Municipality
Region of Waterloo Official Plan Amendment Review Process
nternal
3. IRegional staff provides comments to Planner
14 day time limit
Appendix G
2. Internal Regional staff circulated Official Plan Amendment
Area MunicipalityRegional StaffApplicant
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1. Region receives Official Plan Amendment (OPA) Application from AreaMunicipality
1b - 48