Policy Text:
1. Despite the definition of existing, where development is being proposed by one or more of the following applications:
a. A site-specific amendment to a zoning by-law under Subsection 34(10) of the Planning Act;
b. A site plan under Subsection 41(4) of the Planning Act; or
c. 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:
* The application was deemed to be complete by the applicable approval authority as of the date this Source Protection Plan takes effect; and
* 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
specifically intended to be undertaken as a 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and/or, where applicable, the relevant appeal body, or have lapsed or been withdrawn.
2. Despite 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 a time as a Risk
Management Official or Inspector has conducted a property-specific
assessment and documented the significant drinking water threat
activities 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 as new or future from that point forward.
3. Despite 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.