Policy Text:
a. Notwithstanding the definition of existing, where development is being
proposed by one or more of the following applications:
i. A site specific amendment to a zoning by-law under subsection 34(10)
of the Planning Act;
ii. A site plan under subsection 41(4) of the Planning Act; or
iii. A building permit under the Building Code Act,
a significant drinking water threat activity that is to be established as part of
the proposed development may be considered existing for the purposes of
complying with the applicable significant drinking water threat policies,
provided that:
iv. The application was deemed to be complete by the applicable approval
authority as of the date this Source Protection Plan takes effect; and
v. The applicant has certified to the satisfaction of the implementing body
named in the applicable significant drinking water threat policy that a
particular significant drinking water threat activity is to be undertaken as part of the proposed development.
Where further development approvals are required to establish the
development and related significant drinking water threat activity proposed by
such application, that activity may also be considered as existing for the
purposes of determining whether those subsequent approvals comply with the
applicable significant drinking water threat policies.
The above noted transition provisions shall cease to apply where any of the
approvals or applications required to implement the proposed development
have been denied by the applicable approval authority and, where applicable, the relevant appeal body, or have lapsed or been withdrawn.
b. Notwithstanding the definition of existing, where a significant drinking water
threat activity is directly related to a land use permitted by existing zoning and
does not require any approvals under the Planning Act or Ontario Building
Code Act to be lawfully established on a property, such activity shall be
considered existing for the purposes of compliance with the applicable
significant drinking water threat policies. This provision shall cease to apply at
such time as a Risk Management Inspector has conducted a property specific
assessment and documented the significant drinking water threat activities
that are undertaken or established on a property as of that point in time,
following which any significant drinking water threat activity not so
documented shall be considered new or future.
c. Notwithstanding the definition of existing, where a significant drinking water
threat activity is being proposed by way of a new or amended Prescribed
Instrument, it shall be considered existing for the purposes of complying with
the applicable significant drinking water threat policies provided that the
application for the new or amended Prescribed Instrument was deemed to be
complete by the applicable approval authority as of the date this Source
Protection Plan takes effect.