1.0 INTRODUCTION
The Town of Markham comprises four watersheds and contains lands identified as Oak Ridges Moraine through the Oak Ridges Moraine Conservation Plan and lands identified Greenbelt through the Provincial Greenbelt Plan. The Town has implemented natural features protection and enhancement policies for the urban area and has adopted an amendment to implement the Rouge Park in Markham using the boundary delineation criteria set out in the Rouge North Management Plan Implementation Manual to delineate the Rouge Park boundary along the tributaries of the Rouge River. The Town has also undertaken a Small Streams Study aimed at classifying small drainage features and defining appropriate management protocols for these features and has adopted an amendment to adjust the Special Policy Area lands to reflect updated mapping.

The Town of Markham wishes to retain an environmental planning consultation team to complete and enhance the Environmental Policy Review and Consolidations Study commenced in 2004, for the purpose of identifying and consolidating appropriate policies for the protection and enhancement of a natural heritage system within the Town of Markham. The study will focus on generating a natural heritage system strategy map and accompanying polices (new and consolidated), encompassing the Rouge Park boundary, Oak Ridges Moraine, Greenbelt lands, Federal Greenspace Reserve Lands, valleylands, sensitive groundwater discharge and recharge areas, woodlots, wetlands, locally significant features and small streams features (in accordance with future Council direction). The study product will also provide the following:

Ø Greenbelt conformity policies including an analysis of agricultural lands designations for the purpose of evaluating agricultural, rural and countryside lands within the Greenbelt Plan area;

Ø recommendations of appropriate watershed policies; and,

Ø a habitat monitoring protocol to evaluate the success of the Town’s Natural Heritage System enhancement policies.

In addition, to the delineation of the preliminary Rouge Park boundary, the study team may delineate a detailed Rouge Park boundary on selected parcels of land in the non-urban area of Markham. This work shall be subject to landowner funding and granting of access to the lands, shall be budgeted as a separate component of the study.

The Environmental Policy Review and Consolidation Strategy should be completed within approximately 10 months of the execution of the study contract. The award of this contract is subject to Markham Council’s approval. The Town reserves the right not to award this contract.

2.0 BACKGROUND
In 2004 the Town commenced the Environmental Policy Review and Consolidation Study. The study was suspended due to the policy and mapping implications of the pending Provincial Greenbelt initiative. The revised Environmental Policy Review and Consolidation study generally combines the study objectives of the Environmental Policy Review and Consolidation Study, delineation of the Rouge Park boundary, small stream features mapping, Region of York Official Plan and Greenbelt Plan conformity requirements. The Study is intended to meet the requirements for natural heritage identification and protection as set out in the Provincial Policy Statement (2005), Growth Plan for the Golden Horseshoe Area (2006), Greenbelt Plan (2005) and the Town’s existing environmental protection policies. The Town of Markham Small Streams Study is expected to be finalized in early 2007. The direction of Council relative to this study shall be incorporated into the Environmental Policy Review and Consolidation Study.

The following studies and initiatives will inform the Natural Heritage System Strategy.

2.1 Natural Features Study

In 1993, the Town of Markham Natural Features Study (NFS) was completed and subsequently implemented in the urban area through Official Plan Amendment No. 52. The NFS provided a Town-wide strategy for the protection, enhancement and restoration of natural features based on target objectives to increase natural vegetated areas and upland woodlots based on a connected system of nodes and corridors. Since the NFS was completed, a number of significant policy objectives have been adopted and supported by Council, which modify the natural features footprint by increasing potential forest along the Rouge River tributaries, a protected Oak Ridges Moraine, Federal Green Space Master Plan and Greenbelt Plan area. It is necessary to review the objectives in the Town’s Natural Features Study and recommend an updated natural features strategy which addresses the nodes and corridors approach, but which also recognizes the significant environmental policy contributions provided through OPA No. 140 (Rouge North Management Area), OPA No. 117 (Oak Ridges Moraine), Eastern Markham Strategic Review (2003), Provincial Greenbelt Plan (2005) and the Federal Green Space Initiative (2003). The Natural Features Study provided the Town with a town-wide natural features data base.

2.2 OPA No. 52 (Natural Features Policies for the Urban Area)

In 1998, the Region of York approved Official Plan Amendment No. 52 (Policies to Protect, Restore and Enhance Natural Features in the Urban Development Area) which implemented the Town’s Natural Features Study (1993) for the Urban Development Area. OPA No. 52 generally applies to lands in the Town of Markham with an urban land use designation, located generally south of Major Mackenzie Drive and west of the Little Rouge Creek and CNR Rail line. It was the intent of Council in 1998 to revisit the natural features policies in the rural area once the Rouge North Management Plan process was completed. Official Plan Amendment No. 52 has been consolidated into the Town’s Official Plan.

2.3 OPA No. 140 (Rouge North Management Area)

In 2001, the Town of Markham endorsed, in principle, the Rouge North Management Plan prepared on behalf of the Rouge Park Alliance. The Rouge North Management Plan provides a framework for the creation of the Rouge Park from Steeles Avenue, along the tributaries of the Rouge River, to the Oak Ridges Moraine. In 2003, the Town of Markham adopted Official Plan Amendment No. 116 (Rouge North Management Area) which implements the Rouge North Management Area. OPA No. 116 requires the delineation of the Rouge Park along the tributaries of the Rouge River based on the application of the boundary delineation criteria set out in the RNMP Implementation Manual. The OPA applies to lands within the Rouge watershed and includes lands in the urban and rural areas. The Official Plan Amendment includes a policy to adopt a monitoring program to assess the long-term success of the policies with respect to establishing the Rouge Park in Markham. In 2005, Council rescinded OPA No. 116 and adopted OPA No. 140 (Rouge North Management Area/Greenbelt) which includes all the policies contained in OPA No. 116 plus references to the Provincial Greenbelt Plan. A preliminary Rouge Park boundary will be delineated as part of Natural Heritage System Strategy recognizing that site specific boundary refinements will be necessary to establish the final boundary line.

2.4 OPA No. 117 (Oak Ridges Moraine)

In 2003, the Town of Markham also adopted Official Plan Amendment 117 (Oak Ridges Moraine) which implements the Oak Ridges Moraine Conservation Plan (Ontario Regulation 140/01). The southern toe of the Oak Ridges Moraine extends into Markham in four locations, predominantly in the eastern portion of the Town. The majority of the Oak Ridges Moraine lands in Markham are owned by the Federal Government – Transport Canada.

2.5 TRCA Flood Plain Mapping

The Toronto and Region Conservation Authority has updated flood plain mapping for Markham. The mapping is based on current modeling and results in some adjustment to the flood lines as currently identified in the Official Plan as Hazard Lands and the Special Policy Area boundary. The Town adopted OPA No. 153 in 2006 to adjust the Special Policy Area boundary in the Town to reflect the current flood plain mapping. This study will incorporate Town-wide mapping of Hazard Lands and Special Policy Areas, consistent with the new TRCA mapping.

2.6 TRCA Terrestrial Natural Heritage System Strategy (TNHSS)
The TRCA has prepared a strategy designed to enhance biodiversity of terrestrial habitats by increasing the amount of forest and wetland habitats to an overall target within their jurisdiction of 30%. At the time of preparation of this Terms of Reference the strategy had not been forwarded to the Town for formal comments and/or endorsation. The TRCA strategy requires municipal partnership and authority to implement the strategy. The Town of Markham Environmental Policy Review and Consolidation Study should have regard for the TNHSS strategy and provide a response to the TNHSS relative to other Provincial, Regional and local objectives and obligations.

2.7 Watershed Plan for the Duffins Creek

In 2003, the Town of Markham endorsed the Watershed Plan for Duffins Creek and Carruthers Creek. The watershed extends into Markham along its eastern boundary. The study will be required to review policy matters relative to the implementation of the Watershed Strategy for the portion of land within the Duffins Watershed in Markham.

2.8 Rouge Watershed Plan (draft)
The TRCA and Rouge Park Alliance have prepared a draft Watershed Plan for the Rouge. At the time of preparation of this Terms of Reference the Watershed Plan was still in draft form. The Town of Markham has yet to provide formal comments on the Watershed Plan. The Environmental Policy Review and Consolidation Study should have regard for the draft Rouge Watershed Plan and shall incorporate applicable policy as may be endorsed by Council throughout the course of the study.

2.9 Small Streams Study
The Town is undertaking a Small Steam Study to provide protection and management guidelines for the small streams and drainage features. The study includes a policy review component. The Environmental Policy Review and Consolidation Study shall have regard for the Small Streams Study and will incorporate applicable policy direction as identified and endorsed through the Small Streams Study during the course of the Study. The Natural Heritage System Strategy shall include a mapping component identifying small streams features in the non-urban areas of Markham.

2.10 Eastern Markham Strategic Review

In 2003, the Town of Markham undertook an Eastern Markham Strategic Review to review and consolidate Municipal, Provincial and Federal transportation, land use, heritage and environmental priorities and initiatives for eastern Markham. The study recommended a number of actions relating to the long-term protection of natural features and green space lands in eastern Markham.

2.11 Groundwater Protection

The Region of York, in partnership with the TRCA has undertaken significant research related to the groundwater system. Sensitive groundwater discharge and recharge areas have been identified through the Rouge Watershed Study. A recommended approach to groundwater protection issues and requirements is required as part of the Environmental Policy Review and Consolidation Study.

2.12 Secondary Use Program for Hydro Corridors

In 2003, the Province of Ontario, Ontario Reality Corporation, introduced the Secondary Use Program for Hydro Corridors and has provided municipalities with the opportunity to contribute provide input to guide appropriate secondary uses, which may include greening and naturalization efforts that do not conflict with the primary transmission use. The Environmental Policy Review and Consolidation Study should review opportunities for enhanced naturalization of these corridors.

2.13 Greenbelt Plan
The Province approved the Greenbelt Plan in 2005 requiring municipalities to amend their Official Plan to address Greenbelt Plan conformity within five years. The Environmental Policy Review and Consolidation Study will recognize the Greenbelt boundary and establish a policy framework to implement the requirements of the Greenbelt Plan in Markham. The Greenbelt Plan provides municipalities with five years (2010) to bring their Official Plan into conformity with the legislation.

2.14 Growth Plan for the Greater Golden Horseshoe Area
The Province approved the Growth Plan for the Greater Golden Horseshoe Area in 2006 requiring municipalities to develop a growth management strategy to address Provincial growth requirements regarding urban intensification and Greenfield development. The Growth Plan provides municipalities with a three year planning timeframe (to 2009) to implement the Growth Plan requirements. The Region of York Growth Management Study – Planning for Tomorrow is currently underway.

2.15 Federal Green Space Lands
The Natural Heritage System Strategy will have regard for the Federal Government announcement in 2001 to protect a Green Space corridor along the western edge of Transport Canada’s Pickering Airport land holdings.

2.16 Region of York Greenlands Plan

The Natural Heritage System Strategy will have regard for and complement the Region of York Greenlands System.

2.17 Other Senior Government Initiatives
The Natural Heritage System Strategy shall review and have regard for senior government initiatives and responsibilities which delineate areas for natural heritage protection including Provincially Significant Wetlands, Areas of Natural and Scientific Interest and Environmentally Significant Areas.

3.0 STUDY AREA

The study area applies to the Town of Markham with a focus on policy review within the non-urban area for the purpose of the providing a natural heritage system policy framework.

4.0 STUDY PURPOSE
The purpose of the study is to provide the Town with mapping and related information for a Natural Heritage System reflecting local, regional and Provincial requirements and provide an organizational and policy framework to reflect existing and appropriate new policies within the Official Plan.

5.0 STUDY STRUCTURE
The study is presently seen as proceeding in four phases.

Phase I

Mapping and data base of existing natural heritage features and preliminary natural heritage system.

Activities:

Ø Confirm and map the existing natural features in the Natural Features Study data, Region of York woodlot coverage, Provincial wetlands and woodlands coverage, Toronto and Region Conservation Authority’s Terrestrial Natural Heritage System Strategy (existing).

Ø Confirm and ground truth existing natural features where appropriate.

Ø Identify land area attributed to existing natural heritage features and policy areas and confirm baseline conditions and local natural heritage system targets in a format comparable to Region of York and TRCA data including acreages.

Ø Assess relationship to Natural Features Study (1993) baseline conditions.

Ø Confirm/revise Town goal, objectives and targets for Natural Heritage System relative to Natural Features Study (1993), Region of York and TRCA’s TNHSS natural heritage targets.

Ø Identify and map upper-tier environmental policy areas including Greenbelt Plan Area boundary, Oak Ridges Moraine boundary, Federal Green Space boundary and Rouge Park lands owned and managed by the TRCA.

Ø Identify and map the preliminary Rouge North boundary in accordance with the boundary delineation criteria identified in OPA No. 140 and using the Rouge North Implementation Manual for guidance for the Middles Reaches and Little Rouge Creek policy areas with supporting cursory survey from adjacent roads.

Ø Identify and map preliminary small stream features in the Town through a desk top mapping exercise and cursory survey from adjacent roads (subject to Council endorsement of Study).

Ø Identify and map natural heritage features enhancement requirements and bufffers, established in Provincial or Municipal policy including valleyland and woodlot buffers, Oak Ridges Moraine features Vegetation Protection Zones and Greenbelt Countryside and Natural Heritage System requirements outside of the Rouge watershed.

Ø Review and consider additional mapping and policy opportunities, where appropriate, for enhancing the Town’s Natural Heritage System, identified in the Provincial Natural Heritage System (if available) and TRCA’s Terrestrial Natural Heritage System Strategy. Where enhancement lands within these policy areas are identified on lands outside of the Greenbelt Plan area, evaluation criteria shall be prepared to assess additional enhancement lands and securement and protection options.

Ø Identify sensitive groundwater features and systems relative to groundwater seepage areas, aquifer vulnerability areas or discharge areas using existing data in accordance with Growth Plan for the Greater Golden Horseshoe area, Provincial Policy Statement, Source Water Protection Planning, applicable watershed plans and Environmental Protection Act and advise on policy implications.

Ø Review and assess agricultural classification and existing Provincial LEAR assessment (subject to availability) to determine long-term agricultural classifications and approach for agricultural, rural and countryside designations within Greenbelt Plan area.

Phase 2 a)

Detailed Rouge North boundary on selected sites
(This is an optional phase subject to landowner funding and property access.)

Activities:

Ø Consultants, Town staff and landowners to determine appropriate sites for further detailed boundary delineation based on landowner participation and funding.

Ø Delineate the detailed Rouge North boundary for selected sites of a sufficient size (concession blocks) using the boundary delineation criteria in the RNMP Implementation Manual.

Ø A representative number of site locations shall be selected within the watershed and shall include both Greenbelt and non-greenbelt lands, but shall not exceed 3 demonstration sites.

Ø The detailed boundary delineation shall be confirmed by a Review Committee comprising study consultants, Town staff, TRCA staff, landowners and Rouge Park staff.

Phase 2 b)

Preparation of draft policies and approaches for new natural heritage system policies.

Activities:

Ø Prepare draft Greenbelt Plan conformity strategy and policy framework.

Ø Review and identify appropriate policy approach for groundwater resources.

Ø Review and assess appropriate Small Streams Study implementation policies subject to Council direction on the Small Streams Study guidelines.

Ø Review and assess appropriate watershed and subwatershed implementation policies for Petticoat and Duffins Creek, Rouge and Don Rivers watersheds and recommend a policy framework.

Ø Identify policy options and incentives for the securement of lands into public ownership.

Ø Review and recommend other environmental policy areas which should be addressed as part of a future growth management exercise (infrastructure, sustainability, transportation, air quality etc).

Phase 3

Policy/Official Plan Framework for implementation of Natural Heritage System incorporating existing, approved and adopted policies (Rouge Park, Natural Features for the Urban area, Oak Ridges Moraine) and additional policies (watershed policies, small streams policies, Greenbelt Plan conformity policies, agricultural policies and groundwater policies).

Activities:

Ø Review and prepare an organizational policy framework for Official Plan policies, designations and mapping including any recommended changes to designation terms and mapping (Hazard Lands, Environmental Protection Areas, Rouge Park, Open Space, Oak Ridges Moraine, Groundwater).

Ø Prepare draft policy framework.

Phase 4

Preparation of Habitat Monitoring Protocol

Ø Prepare a draft habitat monitoring protocol to monitor success in habitat and vegetation enhancement policies on a yearly basis to be coordinated in conjunction with restoration programs underway by Rouge Park Alliance, TRCA and other groups and organizations who participate in natural area restoration programs in the Town.

The study consultants are encouraged to identify in their proposal additional requirements to the study objectives list that they would recommend be considered and highlight them accordingly.

Each phase is to be completed to the satisfaction of the Commissioner of Development Services, and progress to the next phase or any further work will be subject to authorization by the Commissioner of Development Services

6.0 STAFF, COUNCIL AND PUBLIC INPUT

The study process shall include a Technical Advisory Committee comprised of Town staff, TRCA staff and staff from appropriate Provincial agencies to ensure the study recommendations reflect current agency and Provincial policy with respect to natural heritage identification and protection. The consultant lead and/or team will be required to participate in NHSTAC meetings.

The consultant should also advise and recommend an appropriate public and stakeholder consultation which could comprise a Stakeholder Advisory Committee and/or public consultation events.

Should landowners in the watershed opt to participate in the detailed boundary delineation process, a separate Committee shall be formed to confirm the boundary comprised of landowners, Town staff, TRCA staff and Rouge Park staff.

The study consultants will be required to present the study findings to at least three Development Services Committee/Council meetings. These should generally occur upon completion of the mapping exercise for the Town’s Natural Heritage System (Phase 1) and completion of the Natural Heritage Strategy Framework (Phase 3). The consultant will also be required to participate in the statutory public meeting.

7.0 STUDY DELIVERABLES AND BUDGET
The consultant team will confirm in their proposal the following set of deliverables:

Phase 1 Maps, schedules and data base
Preliminary Natural Heritage System mapping including existing natural heritage features and Natural Heritage System policy layers.

Phase 2a) Detailed Boundary Delineation Map and Report
Detailed Rouge Park

Mapping product for the Detailed Rouge Park boundary.

Phase 2b) - Interim Study Report
Interim Study Report including the mapping, data base and draft policy framework for new policies (greenbelt conformity, groundwater, agricultural approach, watershed plan implementation, small streams mapping and policies)

Phase 3 Final Study Report
Final study report to include mapping, data base and policy framework for consolidation of existing and new policies within the context of an Official Plan Amendment.

Phase 4 Habitat Monitoring Protocol

Guideline for an ongoing habitat monitoring protocol to assess the success of the Town’s Natural Heritage System and enhancement polices including baseline conditions. Protocol to identify responsibilities of agencies and groups who undertake natural area restoration in the Town.

The budget shall separate the following components:

1. Research and mapping work already completed as part of the Environmental Policy Review and Consolidation Study (2004).

2. Additional budget required to undertake the new scope of work identified in the Environmental Policy Review and Consolidation Study (Revised) 2007.

3. Small Stream Study mapping component.

4. Phase 2a) Detailed Boundary Delineation mapping, delineation report and Committee meetings.
The consultant shall provide a cost estimate based on a concession size parcel. All work related to Phase 2 shall be confirmed once the study has commenced and shall be paid as a separate contract. The Town retains the right to select detailed evaluation sites. Review of detailed boundary delineation sites shall be undertaken in partnership with landowners, TRCA staff and Rouge Park staff.

8.0 WORK PLAN

The consultants shall submit a revised work plan reflecting the additional scope of work and schedule for completion of work.

9.0 STUDY DATA AND INFORMATION
All study data, reports and presentation material are to be supplied to the Town in a format compatible with:
Microsoft Office Suite 2000 (Word, Excel, Access and Powerpoint)
ESRI Shape Files, coverages or geodatabases (include projected and geographic coordinate information)
Autocad Version 2000 and/or Microstation V8

The following reference materials are available for review at the Town of Markham and will be provided to the consultants chosen to undertake the study:

· Town of Markham Official Plan (Revised 1987)

· Town of Markham Natural Features Study (1993)

· Natural Features Official Plan Amendment for the Urban Development Area No. 52

· Rouge Park Official Plan Amendment No. 116 and OPA No. 140

· Oak Ridges Moraine Official Plan Amendment No. 117

· Duffins Watershed Plan, TRCA, (2003)

· Eastern Markham Strategic Review (2003)

· Markham Vision and Strategic Plan, (2001)

· Rouge North Management Plan (2001)

· Town of Markham Small Streams Study (2002)

· Federal Green Space Master Plan (2003)

· Town of Markham Bicycle Study

· Town of Markham Draft Tree By-law (ongoing)

· Town of Markham policies and staff reports dealing with Special Policy Areas

· Province of Ontario Secondary Use Program for Hydro Corridors

· Little Rouge Creek Corridor (public lands)

· Rouge Watershed Plan (draft)

· Region of York Official Plan

· Region of York Official Plan Amendment No. 41 (Oak Ridges Moraine)

· Region of York Environmental Policy Review

· Growth Plan for the Greater Golden Horseshoe Area

· Greenbelt Plan

· Draft Rouge River Fisheries Plan (2006)

· Available TRCA site specific fisheries and terrestrial data

· Other studies and documents appropriate to the study review.

The following digital files are available at the Town of Markham for analytical work and will be provided to the consultants chosen to undertake the study:

· Official Plan schedules

· Natural Features Study mapping

· Parkland dataset

· April 1999 aerial photography (spatially corrected for DCBM)/April 2001 (spatially incorrect).

In addition, mapping of natural heritage features and groundwater discharge and recharge has been undertaken by the Toronto and Region Conservation Authority and Region of York.

The study consultants will identify in their study proposal their expectations of Town staff participation in data collection and inventory work.

10.0 STUDY CONSULTANTS

Completion of the Natural Heritage Strategy requires a team of consultants experienced in environmental/landscape planning, agricultural policy, land use policy matters and public consultation. Relevant experience in analysis and the development of purposeful land use planning strategies and policies is essential. The lead consultant must demonstrate qualifications and expertise in policy planning and environmental policy development. In addition, the consultant team must be able to demonstrate a proven record in managing projects at this scale and delivering a process on schedule with successful results.

The consultants should have a proven ability to facilitate public sessions involving diverse interests. The consultants will be expected to appear, in support of, or on behalf of, the Town, at any Ontario Municipal Board hearings, meetings with public agencies, landowners or the general public. Costs associated with any OMB hearings or required meetings following completion of the study, would be determined separately from the study budget, as required.

The consultants should articulate the skills and expertise that each member of the consultant team brings to the proposal. The consultants’ proposal should provide a description of team participants’ directly relevant experience expertise and identify how resources can be utilized in the most cost efficient manner. The proposal should include statements to identify there is no conflict of interest.

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