Policy Text:
In accordance with Section 59 of the CWA, all land uses, except solely residential uses, where significant drinking water threat activities have been designated for the purposes of Sections 57 and 58 of the CWA, 2006 are hereby designated as Restricted Land Uses and a written notice from the Risk Management Official shall be required prior to approval of any Building Permit, Planning Act or Condominium Act application.
Despite the above policy, a Risk Management Official may issue written direction specifying the situations under which a planning authority or Chief Building Official may be permitted to make the determination that a site specific land use is, or is not, that a site specific land use is not designated for the purposes of section 59. Where such direction has been issued, a site specific land use that is the subject of an application for approval under the Planning Act or for a permit under the Building Code Act is not designated for the purposes of Section 59, provided that the planning authority or Chief Building Official, as applicable, is satisfied that:
a. The application complies with the written direction issued by the Risk Management Official; and
b. The applicant has demonstrated that a significant drinking water threat activity designated for the purposes of section 57 or 58 will not be engaged in, or will not be affected by the application.
Where the Risk Management Official has provided written direction designating a land use for the purpose of section 59, a written Notice from the Risk Management Official shall be required prior to approval of any Building Permit under the Building Code Act, 1992 as amended, in addition to Planning Act and Condominium Act applications in accordance with Section 59 of the CWA.