What Do the NEC Policies and Conditions Say?

What do the Niagara Escarpment Commission (NEC) policies and development permit say about tree and wildlife preservation regarding construction at 959 Governors Road?

What follows are direct quotes from the NEC’s policies and the main conditions contained in the development permit.  Pertinent excerpts include:

 NEC Policies

Section 2.7 - New Development Within Wooded Areas

The objective is to ensure that the new development should preserve as much as possible of wooded areas

1.      Disturbance of treed areas should be minimized, and proposed developments in heavily treed areas shall have site plan agreements containing specific management details regarding the protection of existing trees.

2.      Trees to be retained should be protected by means of snow fencing, wrapping, or other acceptable means during construction (e.g. tree wells).

Section 2.8 – Wildlife Habitat

The objective is to minimize the impact of new development on wildlife habitat

        2.   Development shall be designed so as to:

            b)  Maintain wildlife corridors and linkages within adjacent areas; and

            c)  Enhance wildlife habitat wherever possible

Section 2.9 – Forest Management

The objective is to maintain and enhance the forests and associated animal and plant habitats.

         2.   Approval to cut is conditional upon:

b) Minimizing disruption of habitats for plants and animal species occurring in the area.

          c)  Retaining the diversity of tree species.

d)  Aiming over the long term to retain or enhance the quality, appearance and      productivity of the forest site.

5.   Any tree cutting program should include natural regeneration or rehabilitation through reforestation where necessary.

 

The Conditions of the Development Permit include the following:

(Again, these are direct quotes from the ruling.)

1.  Non-fulfillment or breach of any one of the conditions shall render the Development Permit void.

5.  Development shall take place only in accordance with the site plan and development permit application submitted.

7.  No trees other than dead or diseased trees shall be cut or removed from the lot in the area of the development except those absolutely necessary for the construction of the new dwelling.

9.  …The applicants are advised that a Tree Protection Plan (TPP) prepared according to the City of Hamilton’s Tree Protection Guidelines and a Landscape Plan will be required for submission with the Site Plan Control application.  The TPP is to show how many trees will be preserved or removed for the development and the Landscape Plan will show the compensation trees to be planted on site.  Compensation is required on a 1:1 basis

Further notes stress that “the applicant’s swimming pool and/or deck be designed to prevent wildlife (mammals, amphibians, reptiles) from entering the pool.  The incorporation of appropriate wildlife fencing around the pool is supported by the City of Hamilton Environmentally Significant Areas Impact Evaluation Group (ESAIEG) and the Niagara Escarpment Commission.” 

Further, “the applicants are advised by ESAIEG of its recommendation and support for the removal of debris and garbage from the most easterly pond to facilitate its use by local wildlife… The Niagara Escarpment Commission recommends that site disturbance associated with any litter or garbage removal be minimal and any disturbance be rehabilitated immediately following the activity.”