Policy Edit

Policy Id:

SPR/SPA:

Risk:

Implementing Body

Legal Effect

Policy Tool

Threat Type

Status

Comment

Policy Text:

All land uses identified within the Official Plan and/or Zoning By-Laws where significant drinking water threat activities have been designated for the purpose of Sections 57 or 58 of the Clean Water Act, are hereby designated as Restricted Land Uses, with the exception of residential uses. Within these designated land uses and areas, a written notice from the Risk Management Official in accordance with Section 59(2) of the Clean Water Act 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 circumstances under which a Planning Act Approval Authority or building official may be permitted to make the determination 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, Condominium Act, or for a permit under the Building Code Act is not designated for the purposes of Section 59, provided that the Planning Act Approval Authority or building official, as the case may be, is satisfied that:

The application complies with the circumstances specified in the written direction from the Risk Management Official; and
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

The date of compliance is when Source Protection Plan takes effect.

Monitoring Text:

W1W2A1L1-allactivities-2 (Monitoring Policy): The Municipalities will each prepare and submit a report to the Source Protection Authority which summarizes the actions taken to comply with this policy.
The above applies to the existing and future significant threats related to the Section 59 restricted land use policies in the following areas:
Windsor IPZ-1
Windsor IPZ-2
Amherstburg IPZ-1
Lakeshore (Belle River) IPZ-1.

The date of compliance is by February 1 of each year.