staff report pl-2014-68 re sppis draft opa and zbl documents/plan/staff report pl-201… ·...

______________________________________________________________________________ Planning and Development 1 SPPIS – Draft OPA and ZBA September 3, 2014 Report #2014-68

STAFF REPORT

DEPARTMENT: Planning and Building Services

CHAIR: Councillor J. Attwood DATE: August 27, 2014 REPORT NO.: PL-2014-68 - Source Protection Plan Implementation Study

Draft Official Plan Amendment and Draft Zoning By-law Amendment

RECOMMENDATION: 1. That the Planning and Development Committee of Council supports the scheduling

of an Open House and Public Meeting under the Planning Act, in respect of Official Plan Amendment File No. OPA-01-14 (Source Protection Plan Implementation Study) for an amendment to the Town’s Official Plan to obtain public input.

2. That Notice of the Open House and Public Meeting under the Planning Act be

provided in accordance with the regulations pursuant to the Planning Act and the Town’s requirements for Public Involvement and Consultation under Section 8 of the Town’s Official Plan.

3. That a draft Official Plan Amendment and draft Zoning By-law Amendment in

accordance with Staff Report No. PL-2014-68, to be considered at the Open House and Public Meeting under the Planning Act.

BACKGROUND: Council at their regular meeting of August 25, 2014 approved the following motion:

That the Draft Background Report dated June 27, 2014 by MHBC Planning be approved, subject to refinement during the public consultation process, for the purpose of preparing the draft Official Plan Amendment (OPA) and Zoning By-law Amendment (ZBA).

As such the Town’s consultant, MHBC Planning has prepared a Draft Official Plan Amendment (Attachment #1) and Draft Zoning By-law Amendment (Attachment #2) for Committee’s consideration. Subject to input from the Committee, staff are


recommending the Draft Background Report, Draft Official Plan Amendment and Draft Zoning By-law Amendment be approved for the purposes of scheduling an Open House and Public Meeting to obtain public comment. ANALYSIS: The Source Protection Plan (SPP) for the Southern Georgian Bay Lake Simcoe Protection Region was submitted to the Ministry of the Environment (MOE) in July of 2014. It is anticipated that approval could be granted in late 2014 or early 2015. Once the SPP has received MOE approval all of the Town’s planning decisions are required to be in conformity with the SPP regardless of whether local planning documents have been updated. The Clean Water Act also requires that the Town’s planning documents be amended to conform to the SPP. The Town of Midland, through the work of MHBC Planning, has been reviewing and examining the Town’s planning documents to prepare amendments for the implementation of the SPP. The Planning and Development Committee of Council reviewed and discussed the Draft Background Report on July 2, 2014, which was approved by Council at its August 25, 2014 regular meeting. The purpose of the Background Report was to assist in the preparation of the Draft Official Plan Amendment and Draft Zoning By-law Amendment, which have now been prepared. Included in the draft OPA is Table 1 of relevant SPP policies and possible language for the Official Plan Amendment that is particularly useful in comparing the SPP policies with the Town’s Draft OPA. The Draft OPA and ZBA were circulated to the Staff Steering Committee on August 20, 2014 for comments and were finalized for submission to PDCC on August 28, 2014. Staff are recommending that the Planning and Development Committee approve the release of the Draft OPA and Draft ZBA for public consultation. The intent is to hold a Public Open House on the draft documents on Tuesday, September 23, 2014 from 3:00 p.m. until 6:00 p.m. in the Council Chambers of the Municipal Office. Notice will be provided by direct mailing to those properties that have been identified as having significant threats (49), on the Town’s website and Notice Monitor and by posting Notice in the Midland Mirror, in compliance with the Planning Act and the Town’s Official Plan Public Involvement and Consultation under Section 8 of the Official Plan. Staff and the team from MHBC Planning will be available during that time to review the proposed policy changes with those from the public as well as having GIS mapping software available to provide the public with a close up examination of the WHPA overlays in relation to specific properties. Further, the statutory Public Meeting under the Planning Act is slated for the October 1, 2014 regular meeting of the Planning and Development Committee of Council. Notice will be provided in similar fashion as indicated above.


SUSTAINABILITY: This recommendation is consistent with the following sustainability plan goals:

Protect surface and ground water from contaminants through the watershed’s Source Water Protection Plan.

Minimize contaminants to surface and ground water from storm water collection and discharge systems.

CONCLUSIONS: The Draft OPA and ZBA have been prepared as approved and directed by Council. The purpose of this report is to seek Committee’s endorsement of the draft documents for release to the public for comment. The preparation of the draft OPA and ZBA are in keeping with the work plan set by MHBC Planning. FINANCIAL IMPACT: The Draft Official Plan Amendment and Draft Zoning By-law Amendment as prepared by MHBC Planning was required in the Terms of Reference for the Source Protection Plan Implementation Study and costs associated with it are covered through funding obtained from the Province to implement the Source Protection Plan. Prepared by: Andrea Betty, Planner Reviewed by: Wes Crown, Director of Planning and Building Services Reviewed by: Carolyn Tripp, CAO Attachment #1 Draft Official Plan Amendment #2 Draft Zoning By-law Amendment File: P:\D09 Official Plan Amendment Applications\2014\OPA-01-14 SPP OPA\Staff Reports & Memos\Staff Report PL-2014-68 RE SPPIS Draft OPA and ZBL

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AMENDMENT NO. 01-14

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TOWN OF MIDLAND

The attached explanatory text and Schedule “A” constituting Amendment No. 01-14 to the Official Plan for the Town of Midland, was prepared and adopted by the Council for the Corporation of the Town of Midland by By-law 2014-__ in accordance with the provisions of Sections 17 and 21 of the Planning Act, R.S.O. 1990, Chapter P.13, on the __th day of _____, 2014. Mayor

CORPORATE SEAL OF MUNICIPALITY

Clerk

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AMENDMENT NO. 01-14 TO THE OFFICIAL PLAN

FOR THE TOWN OF MIDLAND

TABLE OF CONTENTS THE CONSTITUTIONAL STATEMENT ............................................................... 4 PART A – THE PREAMBLE ............................................................................... 5

TITLE ................................................................................................................. 5 PURPOSE ......................................................................................................... 5 LOCATION ........................................................................................................ 5 BASIS ................................................................................................................ 5

PART B – THE AMENDMENT ............................................................................. 6 INTRODUCTION ............................................................................................... 6 DETAILS OF THE AMENDMENT ...................................................................... 6 IMPLEMENTATION AND INTERPRETATION .................................................. 6 SCHEDULE 'A' TO THE AMENDMENT ............................................................ 7 TABLE 1 TO THIS AMENDMENT ..................................................................... 8

PART C – THE APPENDICES ........................................................................... 10

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THE CONSTITUTIONAL STATEMENT The following Amendment to the Official Plan for the Town of Midland consists of three parts.

PART A – THE PREAMBLE consists of the purpose, location and basis for the Amendment and does not constitute part of the actual Amendment.

PART B – THE AMENDMENT sets out the actual Amendment along with the specific policies to be added to the Town of Midland Official Plan.

PART C – THE APPENDICES consist of information pertinent to this Amendment in the form of background information. This section does not constitute part of the actual Amendment.

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PART A – THE PREAMBLE

TITLE

The title of this Amendment is “Amendment No. 01-14 to the Official Plan for the Town of Midland – Source Protection Plan Implementation, herein referred to as Amendment No. 01-14.

PURPOSE

The purpose of this amendment is to create a policy to implement the Source Protection Plan (SPP) for the Town of Midland. In accordance with Section 40 of the Clean Water Act, the Town of Midland is required to amend its Official Plan to conform with the SPP and specifically with the significant threats set out in the SPP.

LOCATION

Amendment No. 01-14 is both a textual amendment and schedule amendment and applies only to all lands located within the Town of Midland.

BASIS

The Clean Water Act introduced a new level of protection for Ontario’s drinking water resources that establishes requirements for protecting drinking water resources at-source. The Act established roles and responsibilities for the Province, municipalities, and landowners in protecting drinking water resources for current and future generations. Municipalities are a key partner in the Source Protection process and are represented on Source Protection Committees. Source Protection Committees lead the process of implementing the Clean Water Act through the preparation of Risk Assessment Reports and Source Protection Plans for the areas they represent. This Official Plan Amendment will ensure that the Official Plan is brought into conformity with the Source Protection Plan, as required by Section 40 of the Clean Water Act.

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PART B – THE AMENDMENT

INTRODUCTION

All of this part of the Amendment, entitled Part B – The Amendment, consisting of the following text and schedule constitutes Amendment No. 01-14 to the Official Plan for the Town of Midland.

DETAILS OF THE AMENDMENT

The Official Plan of the Corporation of the Town of Midland is amended as outlined in Table 1 – Amendment Details as attached to this Amendment,:

IMPLEMENTATION AND INTERPRETATION

The provisions of the Official Plan for the Town of Midland, as amended from time to time, regarding the implementation and interpretation of the Plan shall apply in regard to this Amendment.

SSchedule “A

7

A” to OPA N

No. 01-14

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TABLE 1 – AMENDMENT DETAILS


1

Official Plan Section

Official Plan Section Changes

Action to be Taken

Existing Official Plan Policy Modified/New Official Plan Policy

1. 1.3.1 Existing policy to be revised

The Environment

Midland will become a recognized leader in town design that compliments and enhances the environment. Design elements include the preservation and quality of the Georgian Bay waterfront and Little Lake, appropriate air quality and pollution controls, environmental awareness initiatives and the protection of natural heritage features from inappropriate urbanization.

The Environment

Midland will become a recognized leader in town design that compliments and enhances the environment. Design elements include the preservation and quality of the Georgian Bay waterfront and Little Lake, appropriate air quality and pollution controls, environmental awareness initiatives, and the protection of natural heritage features from inappropriate urbanization and protection of source water from contamination and depletion caused by incompatible development.

2. 1.4 New policy to be added

This Plan supports the protection of both drinking water quality and drinking water quantity for current and future residents. Existing land uses will be required to develop Risk Management Plans where they are a significant threat to drinking water. Changes in land use will be required to demonstrate conformity with the local Source Protection Plan and this Plan.

3. 2.2.5 New policy to be added

During the consideration of any change in the Lands Not for Urban Uses to Lands for Urban Uses within the Town of Midland settlement area, the Town will ensure that significant ground water recharge areas are protected from incompatible development.


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4. 2.4.4.3 New policy to be added

Encourage parking area design that minimizes the amount of impervious surface area and minimizes the need for road salt.


Encourage grading, maintenance activities and drainage designs that reduce ponding and direct any run‐off outside of source water areas wherever possible, or into storm sewers.

6. Existing Sections 2.4.4.3 to 2.4.4.8 changed to Sections 2.4.4.5 to 2.4.4.10


Encourage parking area designs that minimize the extent of impervious surfaces and minimize the amount of salt that is required to be applied.


Encourage site grading, maintenance activities and drainage design that reduces ponding and directs run‐off outside of source water areas, where applicable, or to storm sewers.


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Facilities where road salt or snow is stored will be managed to avoid a significant drinking water threat. The development of new road salt, or snow storage facility/areas are not permitted where they will pose a significant threat to drinking water. Within any WHPA, where a salt or snow storage facility/areas are proposed in a WHPA and are not considered a significant threat to drinking water, a risk management plan will be required.


A risk management plan shall be completed for all existing snow storage facilities when the area they are located in is a significant drinking water threat.


New snow storage facilities are not permitted where they would be a significant drinking water threat. Except in emergency situations as determined by the Risk Management Official and the Director of pPublic Works, emergency snow storage shall be permitted only outside of WHPA‐A.


Where road salt is applied the Town will comply with all current standards and best practices to ensure the application of road salt ceases to be or does not become a significant drinking water threat.


The developed portion of the Town is served by water mains, which are supplied from wells. The system can be expanded to provide service to an estimated 25,000 people. However, satisfying the needs of industrial growth may present problems and therefore, it may become necessary to find an alternate supply source.

The developed portion of the Town is served by water mains, which are supplied from ground water wells. The Town’s water system has a total maximum capacity of 22,180 cubic metres a day. By 2031 is it estimated that the Town will require 9,590 cubic metres of water per day. The Town will need to manage demand to ensure that it does not outpace supply and that the wells are not drawn


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down below their safe limits. Based on the Tier 3 Report information related to water supply in the Town, this Plan will apply the Q1 and Q2 water supply requirements to the entire Town.

14. 7.3 Section title modified

Groundwater Resources Source Water Protection


Groundwater resources are critical to the long‐term economic, social and environmental well being of the Town. Properly managed and protected, groundwater provides a cost effective and safe source of drinking water. Groundwater also provides baseflow to springs, wetlands, streams and ponds, thus maintaining the ecosystem and supporting unique aesthetic and recreational areas. It is a policy to ensure a sustainable groundwater resource through the conservation, protection, and where necessary, enhancement of the quality and quantity of groundwater. Reference should be made to the GUDI (groundwater supply under direct influence) hydrogeological study prepared in regard to the Town’s wells, final report, dated 2002, or its successor.

Since the Town`s water supply comes from wells, groundwater resources are critical to the long‐term economic, social and environmental well being of the Town. Properly managed and protected, groundwater provides a cost effective and safe source of drinking water. Groundwater also provides baseflow to springs, wetlands, streams and ponds, thus maintaining the ecosystem and supporting unique aesthetic and recreational areas. It is a policy of this Plan to ensure a sustainable groundwater resource through the conservation, protection, and where necessary, enhancement of the quality and quantity of groundwater. Source Protection has been included in this Plan to implement the information and policies contained in the South Georgian Bay Lake Simcoe Source Protection Plan. Terms found in the Source Protection Plan carry the same meaning when referenced in this Official Plan.

16. 7.3.2.1 Existing policy to be revised

Water supply source protection is an important component in the process of delivering safe potable water. It is a policy to ensure that groundwater sources are protected from contamination and diminishing quantity. The Town will work towards adopting a Drinking Water Source Protection Plan through:

Water supply source protection is an important component in the process of delivering safe potable water. Groundwater sources shall be protected from a full range of potential drinking water threats in accordance with the following policies.


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a) Support of the Severn Sound Environmental Association and other relevant stakeholders in the development and administration of watershed management plans and watershed based source protection plans; b) Identification of and designation or zoning of wellhead protection areas; c) Identification and designation or zoning of major groundwater recharge and discharge areas; d) Identification of all major point and non‐point sources of contamination; e) Identification of all significant water withdrawals; f) Improving knowledge of water resources and vulnerable source areas; g) Establishing procedures for monitoring water quality and quantity before, during and after development; h) Consideration of impacts to water resources resulting from development; i) A program identifying and properly decommissioning abandoned wells excavations, quarries and other risks to the groundwater source; and


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j) Promotion of water conservation.


Vulnerable areas are shown on Schedule ”A” to this Plan as policy overlays. Vulnerable areas within the Town of Midland are as follows: a) Well Head Protection Area A: 100 metre radius surrounding a well.

b) Well Head Protection Area B: Two (2) year travel time for water to enter the well.

c) Well Head Protection Area C1: Ten (10) year travel time for water to enter the well

d) Well Head Protection Area D: Twenty‐Five (25) year travel time for water to enter the well

e) Well Head Protection Area E: The vulnerable area for groundwater supplies which are under the direct influence of surface water. The area is calculated based on a two hour travel time of surface water to the well.

f) Well Head Protection Area Q1: is the cone of influence around a well. The cone of influence is estimated by calculating the level of drawdown in an aquifer under existing land use and future pumping rates.

g) Well Head Protection Area Q2: is the WHPA‐Q1 and any area where a future reduction in recharge would significantly impact that area.


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The following uses and activities are prohibited in accordance with Section 57 and Section 59 of the Clean Water Act, where they are or would be a significant threat to drinking water as determined by the Risk Management Official, or another professional duly qualified through the Clean Water Act: a) waste disposal sites within the meaning of Part V of the Environmental Protection Act (excluding storage of wastes described in clauses (p), (q), (r), (s), (t), or (u) of the definition of hazardous waste (O.Reg 347) and storage of hazardous or liquid industrial waste)

b) large (more than 10, 000 L) on‐site sewage systems

c) The application of agricultural source material to land.

d) The storage of agricultural source material.

e) The management of agricultural source material.

f) The application of non‐agricultural source material to land.

g) The handling and storage of non‐agricultural source material.

h) The application of commercial fertilizer to land.


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i) The handling and storage of commercial fertilizer.

j) The application of pesticide to land.

k) The handling and storage of pesticide.

l) The application of road salt.

m) The handling and storage of road salt.

n) The storage of snow.

o) The handling and storage of fuel.

p) The handling and storage of a dense non‐aqueous phase liquid (excluding incidental volumes for personal/domestic use).

q) The handling and storage of an organic solvent.

r) The management of runoff that contains chemicals used in the de‐icing of aircraft.

s) Livestock grazing and pasturing where the number of animals on the land at any time is sufficient to generate nutrients at an annual rate that is greater than 0.5 nutrient units/acre

t) Outdoor confinement areas and farm‐animal yards

If the Risk Management Officer or another person duly qualified under the Clean Water Act determines


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that there is no significant risk, then a use listed above may be permitted without the need for an amendment to this Plan where such use would otherwise be permitted. This section does not apply where the only use of the land is residential.


The following existing uses and activities are designated for the purpose of Section 58 of the Clean Water Act, and require a risk management plan where they are a significant drinking water threat, as determined by the Risk Management Official, or another professional duly qualified through the Clean Water Act: a) waste disposal sites within the meaning of Part V of the Environmental Protection Act (excluding storage of wastes described in clauses (p), (q), (r), (s), (t), or (u) of the definition of hazardous waste (O.Reg 347) and storage of hazardous or liquid industrial waste)

b) large (more than 10, 000 L) on‐site sewage systems




f) The application of non‐agricultural source


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material to land.

g) The handling and storage of non‐agricultural source material.









p) The handling and storage of a dense non‐aqueous phase liquid (excluding incidental volumes for personal/domestic use).


r) The management of runoff that contains chemicals used in the de‐icing of aircraft.

s) Livestock grazing and pasturing where the number of animals on the land at any time is sufficient to generate nutrients at an annual rate


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that is greater than 0.5 nutrient units/acre

t) Outdoor confinement areas and farm‐animal yards


Outdoor confinement areas and farm‐animal yards are prohibited within the WHPA‐A, unless approval for the use is obtained through the Nutrient Management Act.


The Town shall only permit new major development (excluding single detached residential, barns and non‐commercial structures that are accessory to an agricultural operation) where the activity would be a significant drinking water threat, where it can be demonstrated through the submission of a hydrogeological study that the existing water balance can be maintained through the use of best management practices such as low impact development and where necessary implementation and maximization of off‐site recharge enhancement within the same WHPA‐Q2 area (as identified by the Source Protection Plan) to compensate for any predicted loss of recharge from the development.


The use of best management practices such as low impact development to maintain pre‐development recharge rates for non‐major developments or site alterations in a WHPA‐Q2 (as identified in the Source Protection Plan) assigned a moderate risk level will be implemented where the activity would be a significant drinking water threat as determined by the Risk Management Official.


The Town will develop a By‐law requiring the removal of fuel tanks from abandoned properties within one (1) year of known abandonment, and


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unused tanks from occupied properties within one (1) year in vulnerable areas where the handling and storage of fuel is or would be a significant drinking water threat.

24. 7.3.3 Remove policy

Wellhead Protection Areas

25. 7.3.3.1 Remove policy

No development may take place in Wellhead Protection Areas or such areas as may be identified (CM#14) until a comprehensive analysis and groundwater protection strategy has been undertaken to ensure that groundwater quality and quantity is maintained or enhanced. The comprehensive study to be undertaken shall include, but not be limited to: a) A description of the type of development and identification of the potential contaminant sources and contaminants associated with the development. b) An assessment on the potential long and short‐term impacts to groundwater quality and quantity within and adjacent to the wellhead protection area resulting from the development. c) An assessment of the impact of development on groundwater quality and quantity, existing groundwater users and the environment. d) A strategy whereby the planning,


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design and construction of the development will maintain or enhance groundwater quality and quantity.

26. 7.3.4 Remove Section Heading

Aquifer Recharge Areas


No development may take place in Aquifer Recharge Areas or such areas as may be identified in future studies until a comprehensive analysis and groundwater protection strategy has been undertaken to ensure that groundwater quality and quantity is maintained or enhanced. The comprehensive study to be undertaken shall include, but not be limited to: a) A description of the type of development and identification of the potential contaminant sources and contaminants associated with the development. b) An assessment on the potential long and short‐term impacts to groundwater quality and quantity within and adjacent to the designated recharge area, resulting from the development. c) An assessment on the potential impacts to the natural environment including wetlands and other surface water features. d) An assessment of the cumulative impact of development on groundwater quality


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and quantity, existing groundwater users and the environment. e) A strategy whereby the planning, design and construction of the development will maintain or enhance groundwater quality and quantity.

28. 7.3.5 Remove Section Heading

Groundwater Discharge Areas


No development may take place in Groundwater Discharge Areas or such areas as may be identified in future studies until a comprehensive analysis and protection strategy has been undertaken to ensure that water quality and quantity is maintained or enhanced. The comprehensive study to be undertaken shall include, but not be limited to: a) A description of the type of development and identification of the potential contaminant sources and contaminants associated with the development. b) An assessment on the potential long and short‐term impacts to water quality and quantity within and adjacent to the discharge area. c) An assessment on the potential impacts to the natural environment, including wetlands and other surface water features. d) An assessment of the cumulative


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impact of development on groundwater quality and quantity, existing groundwater users and the environment. e) A strategy whereby the planning, design and construction of the development will protect water quality and quantity, while overcoming site engineering constraints created by the discharge conditions.


Where an application for an Official Plan Amendment is submitted to permit a land use that requires the removal of water from an aquifer without returning the water to the same aquifer that is either at a significant or moderate threat, the following, at a minimum, must be demonstrated: a) The taking of water would not cause draw down impacts beyond a safe level and preclude the Town of Midland from maintaining their well(s) above a safe level of drawdown under the scenarios tested in the Tier 3 Risk Assessment as part of the Source Protection Plan. b) A management plan has been prepared to the satisfaction of the Risk Management Officer.


Where the future taking of water from an aquifer without returning it to the same aquifer would be a significant drinking water threat, the Town of Midland shall only permit new development or site alteration where it has been demonstrated that any increase in water demand beyond the allocated demand is sustainable, as determined by the MOE in accordance with the Source Protection Plan and Ontario Water Resources Act.


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The Town of Midland shall develop a Water Conservation Plan in accordance with the Clean Water Act to ensure that water use in the Town remains sustainable.


New (private or municipal) sewage system infrastructure should be located outside of vulnerable areas where it would be a significant drinking water threat, as determined by the Risk Management Official. Where a development proposal includes new (private or municipal) sewage system infrastructure a Master Environmental Servicing Plan shall be required as part of a complete application.

34. 7.6 New Section to be added

Stormwater Management On‐site Sewage Systems


The Town will enact a by‐law that mandates connecting to the municipal waste water system in source protection vulnerable areas where an on‐site sewage system is a significant drinking water threat.


The Town will establish an inspection program for small on‐site sewage systems that are located in vulnerable areas where they are a significant drinking water threat in accordance with the Ontario Building Code.


In the area where a future small on‐site sewage system would be a significant drinking water threat, new development may be permitted only where the lot size for any proposed development that would include a small on‐site sewage treatment system is based on the most current version of MOE’s guidelines for individual on‐site servicing. Lots of record that exist on the effective date of the Source Protection Plan are exempted.


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38. Existing Section 7.6 changed to Section 7.7


The design of new stormwater management facilities shall minimize the risk of contaminating drinking water, and direct the discharge of stormwater to lands outside of vulnerable areas, if possible. Where a development proposal includes stormwater management facilities a Master Environmental Servicing Plan shall be required as part of a complete application.

40. 8.8.5 The areas and uses where Council may require a site plan agreement are generally limited to commercial, industrial, institutional, open space and multiple residential uses. Reference should be made to each section of this Plan to determine whether an agreement is required.

The areas and uses where Council may require a site plan agreement are generally limited to commercial, industrial, institutional, open space and multiple residential uses and areas where a use or activity may result in a significant drinking water threat. Reference should be made to each section of this Plan to determine whether an agreement is required.

41. 8.18.4 ‐ Table 1

Existing policy to be revised

At the end of Subsection 3. Add Master Environmental Servicing Plan At the end of Subsection 4. Add Master Environmental Servicing Plan At the end of Subsection 6. Add Written Notice from Risk Management Official under Section 59(2) of the Clean Water Act


By February 1st of each year, the Town will report to the Source Protection Authority on steps taken in the previous calendar year to implement the Source Water Protection Plan.


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43. 8.24 Add new Section after Section 8.23.4

No Planning Act or Change of Use Application Possible


No Planning Act Application may be made and no Building Permit or Change of Use Permit under the Ontario Building Code may be issued to establish the following uses: Application of agricultural source material to land Handling and storage of agricultural source material Application of non‐agricultural source material Handling and storage of non‐agricultural source material Application of commercial fertilizer to land Handling and storage of commercial fertilizer Application of pesticide to land Handling and storage of pesticide Application of road salt Handling and storage of road salt Storage of snow Handling and storage of fuel Handling and storage of DNAPLs Handling and storage of organic solvents Use of land for livestock grazing, pasturing land, an outdoor confinement, or farm animal yard, unless a Risk Management Official has issued written notice under Subsection 59(2) of the Clean Water Act and the planning approval authority or building


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official is satisfied that:

a) The application complied with circumstances specified in the written notice from 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.

45. 8.25 Add new Section Heading

8.25 Education and Outreach


The Town will assist the Source Protection Authority and the Ministry of Environment in their endeavour to educate those engaged in applying, handling or storing of: agricultural source material non‐agricultural source material commercial fertilizer pesticides; or those using the land for livestock grazing, pasturing, outdoor confinement or farm‐animal yard within vulnerable areas where the activity would be a significant drinking water threat.


The Town will assist the Source Protection Authority and the Ministry of Environment in their endeavour to educate those engaged in handling or storing : fuel dense non‐aqueous phase liquids (DNAPLs); and organic solvents within vulnerable areas


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where the activity would be a significant drinking water threat.


The Town will assist the Source Protection Authority in their endeavour to educate those engaged in handling, storage or application of road salt and snow storage.


The Town will assist the Source Protection Authority in their endeavour to educate those engaged in the establishment, operation or maintenance of: A system that collects, stores or transmits, treats or disposes of sewage; or, a waste disposal site within the meaning of Part V of the Environmental Protection Act.


The Town will, in collaboration with the Ministry of Transportation, Ministry of Environment and Source Protection Authorities purchase, install and maintain signs that identify source water vulnerable areas. These signs should be placed at a minimum where arterial roads are located within a wellhead protection area with a vulnerability score of 10 and/or within a WHPA‐E with a minimum vulnerability score of 8.

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PART C – THE APPENDICES

a) Minutes of the Public Meeting b) Staff Planning Reports

THE CORPORATION OF THE TOWN OF MIDLAND

BY-LAW 2014-xx

A By-law to Implement the Source Protection Policies of the Source Protection Plan and the Town of Midland Official Plan

WHEREAS the Council of the Corporation of the Town of Midland passed Zoning By-law 2004-90, known as the Zoning By-law, on the 22nd day of November, 2004, to regulate the development and use of lands within the Town of Midland; and, WHEREAS the Council of the Corporation of the Town of Midland has received an application to Amend Zoning By-law 2004-90 and has approved the Application; and, WHEREAS the Council of The Corporation of the Town of Midland now deems it expedient to amend Zoning By-law 2004-90, pursuant to the authority given to it under Section 34 of the Planning Act, R.S.O. 1990; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MIDLAND HEREBY ENACTS AS FOLLOWS: 1. That Section 3.40 Source Protection – Prohibited Uses be added following Section

3.39 Secondary Suites as follows: “3.40 SOURCE PROTECTION – PROHIBITED USES 3.40.1 This Section applies to lands within the Well Head Protection Area (WHPA)

Overlay Zone. Any non-residential use that is proposed and listed in this Section or any non-

residential use that is proposed has the potential to use or store any of the items listed in this Section, shall be prohibited until it is demonstrated to the satisfaction of the Risk Management Official, or other duly qualified professional, that the use does not represent a significant threat to drinking water.

a) Waste disposal sites within the meaning of Part V of the Environmental Protection Act (excluding storage of wastes described in clauses (p), (q), (r), (s), (t), or (u) of the definition of hazardous waste (O.Reg 347) and storage of hazardous or liquid industrial waste)

b) Large (more than 10, 000 L) on-site sewage systems




f) The application of non-agricultural source material to land.

to By-law 2014-xx

g) The handling and storage of non-agricultural source material.









p) The handling and storage of a dense non-aqueous phase liquid (excluding incidental volumes for personal/domestic use).


r) The management of runoff that contains chemicals used in the de-icing of aircraft.

s) Livestock grazing and pasturing where the number of animals on the land at any time is sufficient to generate nutrients at an annual rate that is greater than 0.5 nutrient units/acre

t) Outdoor confinement areas and farm-animal yards

3.40.2 This Section applies to lands within the Well Head Protection Area Quantity

(WHPA-Q) Overlay Zone.

Any non-residential use that has the potential to impact the supply of water by removing water from an aquifer without returning it to the same aquifer shall not be permitted unless it has been demonstrated to the satisfaction of the Risk Management Official, or other duly qualified professional, that the use would not be a significant drinking water threat.”

2. That the lands as shown on Schedule “A”, attached hereto and forming part of this By-law, are hereby rezoned to include, as an overlay, the Well Head Protection Area – A, B, C1, D and E.

3. That the By-law shall come into force and effect in accordance with the

provisions of Section 34 of the Planning Act, R.S.O. 1990 and the regulations thereto.

to By-law 2014-xx

BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS __th DAY OF MONTH, 2014.

THE CORPORATION OF THE TOWN OF MIDLAND __________________________________ MAYOR __________________________________ CLERK

to By-law 2014-xx

Schedule “A” to By-law 2014-xx

staff report pl-2014-68 re sppis draft opa and zbl documents/plan/staff report pl-201… ·...

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