Fact sheet - questions and answers from LSPP 2009 municipal training sessions

2009·0.05 MB·English

by  Ontario Ministry of the Environment

Questions and Answers from LSPP 2009 Municipal Training Sessions

Question Answer

How are replacement septics dealt with, Subject to other policies of the Lake Simcoe Protection Plan (LSPP),
within 100m of the shoreline? policy 4.15-DP: a new on-site sewage system or subsurface works shall
not be permitted within 100 metres of the Lake Simcoe shoreline, other
lakes, or any permanent stream except in the following circumstances:
(b) a proposal for an on-site sewage system or subsurface works that
would replace or expand the capacity of an existing on-site sewage
system or subsurface sewage works that will serve a use that would
have been permitted by the applicable zoning by-law, as of the effective
1 date of the Plan.
How does the LSPP apply to a boundary Yes. The new settlement area would have to conform if it was
expansion (practically)? Would the entire completed through an Official Plan Amendment before or after June 2,
2 area (settlement) now have to conform? 2009 as per Ontario Regulation 219/09 8 (4)1 and 9(1).
Why are the definitions of key natural The list of key natural heritage and key hydrologic features are part of
heritage features and key hydrologic the policies, rather than listing them as definitions in the back of the
features (6.21-DP and 6.22-DP) LSPP, in order to keep them up front and make it clear when someone
designated policies when they are is reading the policies, what the features of concern include. By making
definitions? these policies DP policies there is no doubt that the list of features must
3 be conformed with, and there is no flexibility in the list.
1
Disclaimer
Municipalities are responsible for making local decisions, including compliance with any applicable statutes or regulations. As the questions and
answers deal in a summarized fashion with complex matters and reflect legislation, policies and practices that are subject to change, the questions
and answers should not be relied upon as a substitute for specialized legal or professional advice in connection with any particular matter. The
questions and answers should not be construed as legal advice and the user is solely responsible for any use or application of the Lake Simcoe
Protection Plan. The Ministry does not accept any legal responsibility for the contents or for any consequences, including direct or indirect liability,
arising from its use.
What is the intent behind the selected Section 8(5) of Ontario Regulation 219/09 requires certain proposals
exception 8(5) in Ontario Regulation that were commenced before the Plan came into effect to be subject to
219/09 (not required to conform with 4.8- the Plan. Policy 4.8-DP requires a storm water management plan to be
DP of the LSPP) submitted with a proposal for a major development. Because a
commenced proposal would be submitted, to include 4.8-DP would
mean that a proponent would have to resubmit after developing a storm
water management plan, and some of the requirements of the policy
may require some redesign of a proposal. Given that most
municipalities are already concerned with stormwater management and
there are minimum standards applied to facilities, the risk associated
with a proposal that has not included a stormwater management plan in
4 accordance with this Plan was thought to be small.
Why are Barrie, Orillia, New Tecumseh, These are the municipalities in the watershed that are outside of the
Bradford West Gwillimbury, Innisfil, Oro- Greenbelt Plan area. Municipalities within the Greenbelt Plan area are
Medonte and Ramara specifically targeted subject to similar requirements through the Greenbelt Plan.
to prepare and implement water
conservation and efficiency plans under
5 5.3-SA in the LSPP?
Will there be any exceptions from policy No.
6.35-DP (i.e. Development and site
alteration within settlement area
expansions after June 2, 2009 required to
conform to all other policies other than
6 6.32-DP to 6.34-DP)?
6.45-DP b.) Speaks to an existing lot of Yes. 6.45-DP is meant to include the zoning by-law and all of its
record that was “zoned” on the date the provisions.
plan came into effect. Does this mean
that all of the provisions of that zoning
must also be met? Should it meet all
7 provisions of the zoning by-law?
2
Disclaimer
Municipalities are responsible for making local decisions, including compliance with any applicable statutes or regulations. As the questions and
answers deal in a summarized fashion with complex matters and reflect legislation, policies and practices that are subject to change, the questions
and answers should not be relied upon as a substitute for specialized legal or professional advice in connection with any particular matter. The
questions and answers should not be construed as legal advice and the user is solely responsible for any use or application of the Lake Simcoe
Protection Plan. The Ministry does not accept any legal responsibility for the contents or for any consequences, including direct or indirect liability,
arising from its use.
With respect to phosphorous loading, is Chapter 8 of the LSPP includes several policies regarding the
the Province encouraging the agricultural continuation, development and implementation of broad based agri-
industry to implement integrated pest environmental stewardship programs to promote the adoption of best
management, as well as reducing management practices to support the LSPP priorities, including
fertilizing etc.? phosphorous load reduction, and riparian, soil and water management.
The Province encourages the use of several tools, other than
pesticides, to control pests and the appropriate use of pesticides and
fertilizers for more information please see:
8 http://www.omafra.gov.on.ca/english/environment/bmp_books.htm
What is the Province doing to reduce The Province is currently undertaking a study on atmospheric
airborne pollutants and lobbying the deposition through 4.16-SA and the sources that contribute
United States (e.g. Ohio Valley) for other phosphorous loading to the watershed.
9 point sources?
Shoreline Regulation 6.16 – who will This will be determined in the forthcoming Shoreline Regulation.
10 enforce this regulation?
Who is developing a terms of reference A collaborative working group is currently working on the deliverables of
for stormwater management master plans this policy. Both upper and lower tier municipalities will be involved in
(i.e. 4.5-SA)? Are both upper and lower the development and guidance regarding the Stormwater Master Plan
tier municipalities required to completed approach.
11 one?
When does MNR expect to have the The LSPP requires that the mapping be completed by June 2, 2010.
mapping of natural areas abutting Lake
12 Simcoe completed (i.e. 6.31-SA)?
Sod farms are a major contributor to The Phosphorous Reduction Strategy will work to reduce phosphorous
phosphates. If it is not a necessary use, contributions through stewardship in the watershed. Policy 8.9-SA also
should this use by phased out over X addresses this through work with Ontario Ministry of Agriculture Food
number of years as a significant means to and Rural Affairs (OMAFRA) and its stewardship partners to reassess
decrease the phosphates without major stewardship programming, and modify as necessary, to address priority
public dollar outputs? needs in the watershed by June 2012 regarding agri-environmental
13 stewardship initiatives and scientific work.
3
Disclaimer
Municipalities are responsible for making local decisions, including compliance with any applicable statutes or regulations. As the questions and
answers deal in a summarized fashion with complex matters and reflect legislation, policies and practices that are subject to change, the questions
and answers should not be relied upon as a substitute for specialized legal or professional advice in connection with any particular matter. The
questions and answers should not be construed as legal advice and the user is solely responsible for any use or application of the Lake Simcoe
Protection Plan. The Ministry does not accept any legal responsibility for the contents or for any consequences, including direct or indirect liability,
arising from its use.
How will expansions to private sewage Policy 4.1-DP of the LSPP permits an increase in the existing rated
treatment plants be dealt with? Are capacity of a sewage treatment plant or the establishment of a new
sewage treatment plant expansions sewage treatment plant for a proposed settlement area expansion, the
permitted in settlement areas? establishment of a new settlement area or a development proposal
outside a settlement area given that an environmental assessment of
the undertaking be completed or approved prior to any approvals for the
14 proposal under the Planning Act or the Condominium Act, 1998.
Who monitors and enforces 4.20-SP Municipalities.
15 during construction?
Will training sessions be offered to private Yes. The Ministry of the Environment is planning one additional training
sector planners (e.g. through OPPI)? session in early spring 2010 to be geared towards private sector
planners and all other interested planners that could not make the fall
16 2009 training sessions.
Why does a substantially complete Ontario Regulation 219/09 8(4)2 requires OPAs, ZBAs, site plans, plans
application trump near a key natural of subdivisions and plans of condominiums commenced before the
heritage feature? Which part of regulation LSPP came into effect (June 2, 2009) to conform to the LSPP if the
219/09 sets this out? subject lands are outside a settlement area and located within 120
metres of i. a Lake other than Lake Simcoe, ii. a permanent or
intermittent tributary of Lake Simcoe, or iii. a key natural heritage
feature as set out in the LSPP. This was to capture applications in
process that would have the most negative impact to the ecological
health of the watershed. However, section 10 of the regulation exempts
proposals that have received draft plan of subdivision, draft
condominium, or a provisional consent to proceed unaffected by the
Plan. This was considered a matter of fairness and practicality given
that financing could be secured, on the ground work may have
commenced and the general proposal has been approved
17 (conditionally).
4
Disclaimer
Municipalities are responsible for making local decisions, including compliance with any applicable statutes or regulations. As the questions and
answers deal in a summarized fashion with complex matters and reflect legislation, policies and practices that are subject to change, the questions
and answers should not be relied upon as a substitute for specialized legal or professional advice in connection with any particular matter. The
questions and answers should not be construed as legal advice and the user is solely responsible for any use or application of the Lake Simcoe
Protection Plan. The Ministry does not accept any legal responsibility for the contents or for any consequences, including direct or indirect liability,
arising from its use.
18 Who will approve the water conservation The Ministry of the Environment encourages and supports the
and efficiency plans? completion of water conservation and efficiency plans as stated in policy
5.3-SA of the LSPP. It is expected that a municipal water conservation
and efficiency plan would be approved by a municipal council.
19 How is the “built up area” defined The LSPP defines a shoreline built up area to mean shoreline areas
(assuming this is referring to Shoreline outside of settlement areas that are a.) built-up areas where
Built Up Areas)? development is concentrated; or b.) lands which have been designated
in municipal official plans and zoned in municipal zoning by-laws for
concentrated development, as of the date the LSPP came into effect.
20 Is MOE going to provide technical criteria MNR will develop the criteria for key hydrologic features in collaboration
for key hydrologic features? with MOE.
21 Has any consideration been given to We will be working on a plan to encourage residents to use low-
lobbying manufacturers of dish detergent, phosphate, and phosphate-free products through stewardship, outreach
soap, laundry detergent etc. to ban and education efforts within the watershed, as per Policy 4.26-SA of the
phosphorous in consumer products? Plan: Within one year of the date of the Plan comes into effect, the
MOE, in consultation with municipalities will develop and implement a
plan to promote the use of low-phosphate or phosphate-free products
within the Lake Simcoe watershed.
22 Is the Trent Severn Canal a watercourse This matter will be addressed through the definitions referred to in policy
and therefore requires the 30m minimum 6.30-SA of the LSPP: Within one year of the Plan coming into effect the
vegetation protection zone? MNR, in collaboration with the LSRCA, MOE and other ministries will
further define the key natural heritage and key hydrologic features as
described in policies 6.21-DP and 6.22-DP.
23 Is an old quarry now filled with water This matter will be addressed through the definitions referred to in policy
considered a lake as defined by the Lake 6.30-SA of the LSPP: Within one year of the Plan coming into effect the
Simcoe Protection Plan and therefore MNR, in collaboration with the LSRCA, MOE and other ministries will
afforded the 30 m mvp zone? further define the key natural heritage and key hydrologic features as
described in policies 6.21-DP and 6.22-DP.
5
Disclaimer
Municipalities are responsible for making local decisions, including compliance with any applicable statutes or regulations. As the questions and
answers deal in a summarized fashion with complex matters and reflect legislation, policies and practices that are subject to change, the questions
and answers should not be relied upon as a substitute for specialized legal or professional advice in connection with any particular matter. The
questions and answers should not be construed as legal advice and the user is solely responsible for any use or application of the Lake Simcoe
Protection Plan. The Ministry does not accept any legal responsibility for the contents or for any consequences, including direct or indirect liability,
arising from its use.
24 What is the objective of 4.4-DP? To establish the conditions under which a new non-municipal sewage
treatment plant may be approved and constructed (i.e. as a minimum,
no increase in Phosphorous loading to the lake).
25 What is “major development”? "Major Development" is defined in the Lake Simcoe Protection Plan as:
development consisting of (a) the creation of four or more lots; (b) the
construction of a building or buildings within a ground floor area of 500
m2 or more; or (c) the establishment of a major recreational use. This
definition is consistent with other Provincial Plans.
26 Does 4.15-DP create a conflict with the There is no conflict between these provisions. The 15m setback is
Ontario Building Code (e.g. 15m intended to mitigate against pathogens harmful to humans while the
protection vs. 100m protection), is this 100m setback is intended to guard against phosphorous migration. In
policy applicable law? building and development there can be different setbacks for different
reasons. A common example: under planning restrictions a municipal
zoning by-law may require a building to be set back from a lot line by
10m to avoid nuisance-type things such as noise, shade, lack of
privacy, etc. However, the same building could be as close as 3m from
a fire safety perspective under the Building Code. In this case there is
no conflict, simply different setbacks to achieve different goals. This
would not be considered applicable law.
27 Will there be a terms of reference MNR is to develop guidelines for the completion of natural heritage
provided to develop natural heritage evaluations as noted in Policy 6.26-DP.
evaluations (re. 6.26-DP)
28 When will the tree cutting by-law be The LSPP, through policy 6.46-SA, states that a template for a
completed? municipal tree cutting bylaw will be prepared within two years of the
date of the Plan coming into effect.
29 Is minor rounding out of settlement areas Yes. For example, 6.6-DP states that a shoreline built up area may only
to be treated the same as other Provincial be expanded to provide for minor rounding out of the area, and only in
Plans (e.g. Growth Plan for the Greater accordance with other Provincial Plans and the PPS.
Golden Horseshoe and PPS)
6
Disclaimer
Municipalities are responsible for making local decisions, including compliance with any applicable statutes or regulations. As the questions and
answers deal in a summarized fashion with complex matters and reflect legislation, policies and practices that are subject to change, the questions
and answers should not be relied upon as a substitute for specialized legal or professional advice in connection with any particular matter. The
questions and answers should not be construed as legal advice and the user is solely responsible for any use or application of the Lake Simcoe
Protection Plan. The Ministry does not accept any legal responsibility for the contents or for any consequences, including direct or indirect liability,
arising from its use.
30 Will the Town of Caledon need to prepare Yes, Palgrave Estates is located within the Lake Simcoe Watershed.
a stormwater management plan for The Lake Simcoe Protection Plan applies to the Lake Simcoe
Palgrave Estates? Very little of Palgrave watershed which is defined by the Lake Simcoe Protection Act, 2008 as
Estates is located within the Lake Simcoe Lake Simcoe and the parts of Ontario, the water of which drains into
watershed, most of the area is a natural Lake Simcoe. Ontario Regulation 219/09 further defines the boundaries
linkage in the Oak Ridges Moraine of the watershed in a data file entitled “Lake Simcoe watershed” dated
Conservation Plan. May 29, 2009 of which Palgrave Estates is a part. The data file can be
found at: http://www.ene.gov.on.ca/en/water/lakesimcoe/index.php
31 Is the Palgrave Estates Residential Policy 4.5-SA requires that municipalities will prepare and implement
Community (not the Palgrave Village comprehensive stormwater management master plans for each
Rural Settlement Area) considered a settlement area in the Lake Simcoe watershed. A settlement area is
settlement area for the purpose of policy defined in the Lake Simcoe Protection Plan. In determining the
4.5-SA? applicability of policy 4.5-SA, municipalities are required to determine
which lands within their jurisdiction within the Lake Simcoe watershed
constitute a settlement area, in keeping with the definition.
32 6.22-DP does not address groundwater This matter has been brought to the attention of MNR and is to be
seeps, how will is this addressed? addressed through the definitions referred to in policy 6.30-SA of the
Through future technical guidelines? LSPP: Within one year of the Plan coming into effect the MNR, in
collaboration with the LSRCA, MOE and other ministries will further
define the key natural heritage and key hydrologic features as described
in policies 6.21-DPand 6.22-DP.
33 Do natural areas abutting Lake Simcoe No. Policy 6.21-DP identifies key natural heritage features including
(i.e. 6.21-DP) apply in the Greenbelt Plan natural areas abutting Lake Simcoe. Policy 6.20-DP states that policy
area and Oak Ridges Moraine 6.21-DP applies only to those areas outside of existing settlement areas
Conservation Plan area? and outside of the Greenbelt Plan area and Oak Ridges Moraine
Conservation Plan area.
34 Will the province provide criteria for Policy 6.37-SA indicates that MOE in collaboration with MNR and
mapping significant groundwater recharge LSRCA will develop guidance associated with protecting, improving or
areas further to 6.36-DP (a) and for restoring significant groundwater recharge areas, including defining
ecologically significant groundwater ecologically-significant groundwater recharge areas.
7
Disclaimer
Municipalities are responsible for making local decisions, including compliance with any applicable statutes or regulations. As the questions and
answers deal in a summarized fashion with complex matters and reflect legislation, policies and practices that are subject to change, the questions
and answers should not be relied upon as a substitute for specialized legal or professional advice in connection with any particular matter. The
questions and answers should not be construed as legal advice and the user is solely responsible for any use or application of the Lake Simcoe
Protection Plan. The Ministry does not accept any legal responsibility for the contents or for any consequences, including direct or indirect liability,
arising from its use.
recharge areas?
35 What does “avoidance of significant Policy 6.39-DP requires urban settlement expansions outside of the
groundwater recharge areas” mean? Oak Ridges Moraine Conservation Plan area avoid significant
groundwater recharge areas. This would mean these areas should not
be included within settlement areas unless there is no other alternative.
36 How does 4.15-DP (c) relate to lot The primary intent of the policy is to address water quality issues and to
creation along the lake, other lakes and limit additional phosphorous loading to the lake. The policy's intent is
permanent streams? It appears to no new septics within 100m of the Lake Simcoe shoreline, other lakes
recognize existing lots of record but do or any permanent stream except as noted in the policy, e.g. 4.15-DP (a)
newly created lots have to ensure that the exempts agricultural and agricultural related lands and 4.15-DP (c)
septic system is 100 m back? allows for a single dwelling where the proposal to build a septic would
have been permitted by the applicable zoning by-law as of June 2,
2009. Newly created lots would be implemented through, for example,
a consent or a draft plan of subdivision which would trigger a decision
under the Planning Act therefore requiring conformity with the LSPP
and specifically with policy 4.15-DP in accordance with the Lake Simcoe
Protection Act, 2008 and Ontario Regulation 219/09.
37 How does the LSPP/Act impact the Permit Although permits to take water issued under the Ontario Water
to Take Water regulation? Resources Act are a prescribed instrument under Ontario Regulation
219/09, the current version of the Lake Simcoe Protection Plan does not
include policies applicable to them. Therefore, the Plan does not affect
decisions related to this instrument, but may do so in the future once
certain strategic actions specified in the Plan are completed (i.e. policy
5.1-SA). In the interim, decisions on permits to take water are
recommended to address the Lake Simcoe Protection Plan.
8
Disclaimer
Municipalities are responsible for making local decisions, including compliance with any applicable statutes or regulations. As the questions and
answers deal in a summarized fashion with complex matters and reflect legislation, policies and practices that are subject to change, the questions
and answers should not be relied upon as a substitute for specialized legal or professional advice in connection with any particular matter. The
questions and answers should not be construed as legal advice and the user is solely responsible for any use or application of the Lake Simcoe
Protection Plan. The Ministry does not accept any legal responsibility for the contents or for any consequences, including direct or indirect liability,
arising from its use.
38 What are some of the key elements you Risk assessment and adaptation planning are critical actions for
are looking at for climate change – how do enhancing the watershed's capacity to naturally adapt to future changes
you anticipate rolling out a climate change in climate. As a first step, a climate change strategy will help identify
strategy? the impacts of a changing climate in the watershed and identify
opportunities for adaptation.
39 When do you anticipate releasing LSPP The technical guidelines to define the key natural heritage areas are to
technical guidelines for mapping areas be prepared by MNR by June 2, 2010. As guidelines must go through
abutting Lake Simcoe? the normal approvals process including public consultation before they
can be approved and released, we can not identify a specific release
date.
40 Is someone at the Province preparing an The Lake Simcoe Protection Plan (LSPP) includes a map on page 44
analysis or matrix of where the LSPP, which illustrates the boundaries of the watershed (to which the LSPP
ORMCP, GB plans etc. apply or don’t applies in its entirety) and the boundaries of the Greenbelt Plan Area
apply? and the Oak Ridges Moraine Conservation Plan. The Growth Plan for
the Greater Golden Horseshoe applies to the entire watershed
boundary.
41 How will Peel Region, the City of This matter is currently under discussion.
Kawartha Lakes etc. Be incorporated into
the Lake Simcoe Region Conservation
Authority? Levies? Members on Board of
Directors?
42 How are a hierarchy of source, lot-level Please refer to the Ministry of the Environment's 'Stormwater
etc. defined in 4.7-DP (a)? Management Planning and Design Manual (March 2003)
9
Disclaimer
Municipalities are responsible for making local decisions, including compliance with any applicable statutes or regulations. As the questions and
answers deal in a summarized fashion with complex matters and reflect legislation, policies and practices that are subject to change, the questions
and answers should not be relied upon as a substitute for specialized legal or professional advice in connection with any particular matter. The
questions and answers should not be construed as legal advice and the user is solely responsible for any use or application of the Lake Simcoe
Protection Plan. The Ministry does not accept any legal responsibility for the contents or for any consequences, including direct or indirect liability,
arising from its use.
44 Are Holding By-Laws affected by the Lake The Lake Simcoe Protection Act, 2008 requires that all Planning Act
Simcoe Protection Plan, if so, how? decisions conform to the Designated Policies of the Lake Simcoe
Protection Plan. As the passing of a holding by-law is a decision under
section 34 of the Planning Act, they are required to conform to the
Designated Policies of the LSPP. With respect to O. Reg. 219/09 which
addresses transition matters under the LSPA, a decision to pass a
holding by-law is required to conform if it is made on or after the day the
LSPP came into effect. The transition regulation does provide, however,
that decisions on applications arising from the approval of a draft plan of
subdivision, a provisional consent or draft condominium are not required
to conform to the LSPP if the approval was given before the LSPP
came into effect, and the approval has not lapsed.
45 When will the sub-watershed evaluations Policy 6.49-SA states that stressed subwatersheds are to be identified
be completed? by June 2, 2010. Policy 8.3-SA states that subwatershed evaluations
for priority subwatersheds will be completed within five years of the date
that the Plan comes into effect.

10
Disclaimer
Municipalities are responsible for making local decisions, including compliance with any applicable statutes or regulations. As the questions and
answers deal in a summarized fashion with complex matters and reflect legislation, policies and practices that are subject to change, the questions
and answers should not be relied upon as a substitute for specialized legal or professional advice in connection with any particular matter. The
questions and answers should not be construed as legal advice and the user is solely responsible for any use or application of the Lake Simcoe
Protection Plan. The Ministry does not accept any legal responsibility for the contents or for any consequences, including direct or indirect liability,
arising from its use.