Department of Environment and Energy. Site Assessment Handbook for Subdivisions

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2 Department of Environment and Energy Site Assessment Handbook for Subdivisions June 2004

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4 Contents 1 Introduction Regulatory Framework Planning Act Subdivision and Development Regulations Province-wide Minimum Development Standards Regulations Environmental Protection Act Sewage Disposal Regulations Water Well Regulations Central Water Supply Systems and Sewer Approval Requirements Watercourse and Wetland Alteration Approval Requirements Environmental Impact Assessment Process Buffer Zones and Forested Riparian Zones Sand Dunes Roads Act Subdivision Street Construction Highway Access Regulations Water and Sewerage Act Approval to Construct, Alter or Extend Water and/or Sanitary Sewerage System Allocation of Water and/or Sewer Project Costs Water and/or Sewer Rates to be Determined by IRAC Application and Review Process Approving Authority Subdivision Review Process Site Evaluation On-Site Sewage Disposal Initial Evaluation Soil Survey Field Evaluation Visual Survey Test Pits Water Supplies Surface Water Drainage Other Environmental Concerns Subdivision Design Servicing and Lot Size Categories On-Site Water Supplies/On-Site Sewage Disposal On-Site Water Supplies/Central Wastewater System Central Water Supplies/On-Site Sewage Disposal Central Water Supplies/Central Wastewater System Environmental Buffer Zones and Setbacks Watercourse Buffer Zones (Environmental Protection Act) Watercourse/Wetland Buffer Zones and Setbacks (Planning Act) Forested Riparian Zones Sand Dunes/Beach Buffer Zones and Setbacks (Planning Act)...22

5 5.2.5 Sand Dune/Beach Disturbances (Environmental Protection Act) Shoreline Erosion Rates Surface Water Management Drainage and Erosion Control Roles and Responsibilities Developer Community and Cultural Affairs - Property Development Officer Municipality Department of Environment and Energy Environmental Assessment Section Drinking Water Management Section Watercourse Alteration Section Consultant...27 Appendix A - Geotechnical Report Checklist...28 Appendix B - Stormwater Management Plans...30 Appendix C - Contacts...32

6 1 Introduction This manual is designed to inform prospective developers, municipalities and the public about the subdivision environmental review process which is necessary to ensure that subdivisions are designed in an environmentally friendly manner. Major areas of concern include drinking water, wastewater (sewage), stormwater management, sensitive natural areas and other environmental factors which are unique to specific developments. Adequately sized lots are a prerequisite if on-site services (water and sewer) are to function properly. The sizing of lots is dependent, for the most part, on soil conditions and the size of the development. This manual outlines the lot sizes required under varying types of soil conditions and servicing options (Section 5). It is noted that in certain circumstances, on-site sewer servicing may not be a viable option. Good quality drinking water is also a major concern for subdivision developments. Depending on the area, certain conditions may be required. For example, in an area that is known to have nitrate contamination problems, extra casing may be required for new wells. Conditions such as this may be stipulated in the environmental approval for the subdivision. Along with the health issues of sewage and water, there are many environmentally sensitive areas which subdivision developers must be aware of. This manual will help explain what areas are of concern and what the environmental requirements are. Proper use of this manual will help ensure that: lots are properly sized and properly serviced; the required environmental buffer zones and setbacks are maintained for the protection of our environment; and the development is sustainable. It is important to note that this manual discusses the environmental approval of a subdivision. Developers should be aware that there are various requirements from other departments/agencies that must be met before a subdivision is approved (i.e road site distances, 911 numbering, subdivision road design, etc.). Site Assessment Handbook for Subdivisions Page 1

7 2 Regulatory Framework The following section outlines the provincial acts and regulations that deal with the environmental issues that developers must be aware of when planning for a subdivision. 2.1 Planning Act The Planning Act enables Executive Council to make regulations which pertain to the subdivision of land and building construction. It also enables municipalities to make bylaws for the same purpose, within their jurisdictions. With the exception of single-lot subdivisions, the Department of Community and Cultural Affairs and municipalities usually consult with the Department of Environment and Energy in matters related to subdivision of land and some building permit approvals Subdivision and Development Regulations It is illegal to subdivide land or to construct a building without first obtaining approval. The Subdivision and Development Regulations outline procedures for obtaining subdivision approvals and building permits, in addition to identifying standards for subdivision design. High priority is given to environmental standards, such as minimum lot sizes, method of servicing lots for sewer and water, suitability of the subdivided site for the intended use, and location of structures Province-wide Minimum Development Standards Regulations Incorporated municipalities with official plans and bylaws are given the power to create their own subdivision and development standards. If these local regulations have been approved by the Minister of Community and Cultural Affairs and adopted by the municipality, they replace the Subdivision and Development Regulations of the Planning Act. These municipalities are, however, required to adhere to the Province-Wide Minimum Development Standards Regulations. These regulations deal mostly with minimum lot sizes related to the servicing of lots for sewer and water. 2.2 Environmental Protection Act The Environmental Protection Act was implemented to manage, protect and enhance the environment of Prince Edward Island. The act deals with various environmental aspects applicable to subdivision approval such as sewage disposal requirements, water well regulations, watercourse and buffer zone setback requirements, and the environmental impact assessment process. Site Assessment Handbook for Subdivisions Page 3

8 2.2.1 Sewage Disposal Regulations The Sewage Disposal Regulations were implemented to ensure minimum standards for system design to protect public health and prevent environmental degradation. The regulations describe minimum septic tank and disposal field sizes for residential homes, based on the number of bedrooms. Systems for commercial or institutional use are sized based on anticipated sewage flows. As well, the regulations specify minimum standards for construction and installation, construction materials and system location. It is illegal to install a septic tank and disposal field without first obtaining a permit from the Department of Community and Cultural Affairs. The authority to implement the Sewage Disposal Regulations is vested with the Minister of Environment, however the Department of Community and Cultural Affairs administers the regulations on a day-to-day basis Water Well Regulations The Water Well Regulations stipulate the manner in which groundwater supplies are developed and used. For most domestic wells, no permit is required and the minimum construction standards and separation distances between wells and potential sources of contamination are outlined in the regulations. For wells which are to be located in "restricted areas"(as defined in the regulations), or constructed in a manner which varies from the provisions of the regulations, a Water Well Permit must be obtained from the Department of Environment and Energy. For higher capacity wells, such as those which may supply a central water system or a major industrial user, a Groundwater Exploration Permit is required from the Department of Environment and Energy. This permit will specify pump testing and sampling requirements which must be met before a Groundwater Extraction Permit is issued Central Water Supply Systems and Sewer Approval Requirements The Environmental Protection Act, Sections 13 and 16, stipulates that the development of all central water supply and wastewater treatment systems must be approved by the Minister of Environment. As part of the approval process, the developer is required to submit plans, specifications, cost estimates and a design brief of the project. Prior to any new construction, or modifications to existing wastewater treatment or water supply systems, a Certificate of Approval must be obtained from the Department of Environment and Energy. Note: Central water supply systems are defined under the Environmental Protection Act as systems that supply five or more households. If a central water supply system is planned, the developer should first obtain a Groundwater Exploration Permit from the Department of Environment and Energy. This permit will specify the water quality and pump testing requirements that must be met before the wells will be approved. Generally, a backup well is recommended or required to supply water systems of 20 units or more. The wells should be located in such a manner that they are protected from potential sources of contamination. In areas that municipal servicing is likely to occur in the near future, the second well requirement may be waived. Page 4 Site Assessment Handbook for Subdivisions

9 2.2.4 Watercourse and Wetland Alteration Approval Requirements Watercourses and wetlands are protected under the Environmental Protection Act, and certain activities within 10 metres of a watercourse or wetland boundary must be approved pursuant to Section 10 of the act. Application for approval of work in or within 10 metres of a watercourse or wetland must be made to the Conservation and Management Division, Department of Environment and Energy (See Section for more information) Environmental Impact Assessment Process The Environmental Impact Assessment (E.I.A.) Section coordinates subdivision environmental assessments by circulating information to the Subdivision Technical Review Committee. Concerns identified by the committee are incorporated into an environmental approval for the subdivision proposal pursuant to Section 9(1) of the Environmental Protection Act. There are often certain terms and conditions attached to the approval which must be met by the developer. The Department of Community and Cultural Affairs refers subdivision proposals consisting of two or more lots to the Department of Environment and Energy for review. The review process is intended to ensure that significant environmental concerns associated with subdivision developments are addressed Buffer Zones and Forested Riparian Zones Buffer zones and forested riparian zones must be maintained along watercourses and designated wetlands under Sections 11.1 to 11.4 of the Environmental Protection Act. Watercourses that have a defined bed and bank, or flow for 72 hours between July 1 and October 31, require these zones. Four types of wetlands indicated on the Prince Edward Island Wetland Inventory (open water, deep marsh, shallow marsh and salt marsh) also require these zones. Landlocked ponds and the perimeter coastline of the Island do not require either buffer zones or forested riparian zones. See Section for a more detailed explanation Sand Dunes Section 22 of the Environmental Protection Act limits what activities are permissible in the area of a sand dune: No person shall, without written permission of the Minister, a) operate a motor vehicle on a beach or a sand dune; b) carry out any activity that will or may (i) interfere with the natural supply or movement of sand to or within a beach or a sand dune, (ii) alter, remove, or destroy natural stabilizing features, including vegetation, of a beach or a sand dune. Site Assessment Handbook for Subdivisions Page 5

10 2.3 Roads Act 1 The Roads Act stipulates the right-of-way width of a highway, the conditions under which a highway may be opened to the public, and the design and construction standards to be followed in constructing the highway Subdivision Street Construction All residential subdivisions which require new streets to be built must have the design and stormwater management plans prepared by a consulting engineer and submitted to the Department of Transportation and Public Works for approval prior to construction. The highway must be built to the approved design according to the department s specifications at the developer s cost, and deeded to the Province prior to building permits being issued for the lots. The Department of Transportation and Public Works requires a Subdivision Road Agreement to be signed between the developer, the department and the municipality (where applicable). Section does not apply in some situations, i.e. privately owned subdivisions Highway Access Regulations All highways are classified as to the purpose of the highway. Access to all highways is restricted by the need for safe sight distance at the driveway location. Additional restrictions apply to all arterial highways and seasonal highways, and entrance way permits are required for any access to them. No access is permitted to non-essential highways or limited access arterial highways. 2.4 Water and Sewerage Act 2 The Island Regulatory and Appeals Commission (IRAC) provides general supervision over most water and/or sewer utilities operating in the province Approval to Construct, Alter or Extend Water and/or Sanitary Sewerage System Under the Water and Sewerage Act, IRAC must provide written authorization before any public utility under its jurisdiction can begin to construct, alter, or extend any water or sanitary sewerage system. Approval is given in the form of a permit. A permit application must include a copy of all plans, engineer s reports and estimates of costs. Forms are available through the commission. 1 The requirements of the Roads Act are not usually part of the environmental approval process, but are listed here for the developer's convenience. 2 The requirements of the Water and Sewerage Act are not usually part of the environmental approval process, but are listed here for the developer's convenience. Page 6 Site Assessment Handbook for Subdivisions

11 Note: For the purposes of this act, public utility means any person engaged in constructing, altering, extending, managing or controlling, any system for providing the service of water or sewerage or water and sewerage for the public in any area within Prince Edward Island Allocation of Water and/or Sewer Project Costs Capital costs related to the development of water and/or sanitary sewer systems are generally the responsibility of the developer. Where a developer undertakes a sewer and/or water project, capital costs are usually recovered through the sale of the lots. In accordance with the Prince Edward Island Municipal Water and Sewerage Utilities General Rules and Regulations, and depending upon the conditions of a project, costs can be shared. More information and options on cost allocations can be obtained from IRAC Water and/or Sewer Rates to be Determined by IRAC All rates and charges for the supplying of water and/or sewerage disposal are fixed and determined by the Island Regulatory and Appeals Commission. Typically, an interim rate is established based on projected operating and maintenance costs at the onset of a project. Following a three- to five-year period of collecting financial data, the rate is reviewed and set according to actual expenses. Site Assessment Handbook for Subdivisions Page 7

12 3 Application and Review Process 3.1 Approving Authority Depending on the location, applications to subdivide land are made to either a municipality (those with official plans and bylaws), or the Department of Community and Cultural Affairs. When the approving authority refers a subdivision application to the Department of Environment and Energy s Environmental Impact Assessment Section for review, an environmental assessment of the proposal is initiated. The process provides a valuable planning tool, both for the developer and the approving authority, by means of a comprehensive review of environmental issues such as: surface water drainage, erosion control, sensitive natural areas, groundwater quantity and quality, and suitability of the soil for sewage treatment and disposal. 3.2 Subdivision Review Process The Environmental Impact Assessment Section is responsible for incorporating the comments and recommendations of the Subdivision Technical Review Committee in a decision which is forwarded to the approving authority. The subdivision review process is as follows: Step 1 - Consultation Before submitting an application, developers should consult with the local subdivision approving authority (municipality or Department of Community and Cultural Affairs) for the information required to properly complete the application. Step 2 - Submission of Application The applicant submits the completed application form (and any related fees) with a preliminary subdivision plan to the proper approving authority. Step 3 - Review of Application The approving authority reviews the application and preliminary plan to ensure the submission includes all the required information as outlined in the provincial regulations and, where applicable, municipal regulations/bylaws. Step 4 - Circulation of Application The application is referred by the approving authority to the Environmental Impact Assessment Section, Department of Environment and Energy, (and possibly other provincial departments) for compilation of the preliminary information. Step 5 - Assessment of Application The subdivision proposal is then assessed by the Subdivision Technical Review Committee. The committee may forward the application to other departments/agencies for review if required. Site Assessment Handbook for Subdivisions Page 9

13 Step 6 - Additional Information If more information is required from the developer, the Environmental Impact Assessment Section will often request additional information directly from the applicant. The approving authority is kept fully informed of this process. Depending on the number of lots proposed, information regarding the on-site suitability of the subdivision will be obtained by one of the following processes: 1) For subdivisions of two to five lots, it is the responsibility of the applicant to contact the Department of Community and Cultural Affairs for assistance in obtaining the necessary site specific information. Costs of obtaining the necessary information are the responsibility of the applicant. 2) For subdivisions of more than five lots 3, it is the responsibility of the applicant to contract the services of a qualified consultant to provide the necessary site specific information and sewage disposal servicing recommendations as described in Appendix A. The consultant must also provide recommendations regarding the water servicing for the subdivision. Note: The Department of Environment and Energy does not review single-lot subdivision applications unless referred by the Department of Community and Cultural Affairs for a specific reason. Step 7 - Recommendations The Environmental Impact Assessment Section incorporates the comments and recommendations of the Subdivision Technical Review Committee into its written comments to be sent to the Department of Community and Cultural Affairs. 3 Where a parcel has been subdivided incrementally so as to bring the number of lots to more than five lots created since June 12, 1993, the testing requirements for a proposed subdivision of greater than five lots will apply. Page 10 Site Assessment Handbook for Subdivisions

14 Department of Environment and Energy Subdivision Review Process Site Assessment Handbook for Subdivisions Page 11

15 4 Site Evaluation The preliminary step in evaluating a site is an examination of general features such as current land use on the site and adjacent properties, and current and expected future development plans for the area. Particular emphasis should be placed on the identification of any conflicts between current or expected land use, the availability of a central water supply and central wastewater services now and in the future, and the present or anticipated density of development in the area. Where central water and wastewater services are available, connection to these services is generally preferred (if not required), typically at the cost of the developer. Where official plans exist, the municipality should be consulted to ensure that the proposed development conforms to zoning bylaws and future development plans. 4.1 On-Site Sewage Disposal The soil to which wastewater is discharged is an important consideration for performance of an on-site sewage disposal system. Soil as an absorption medium, if utilized properly, can provide excellent treatment at a reasonable cost. However, if stressed beyond its capacity, the system may fail. Therefore, careful site evaluation is a vital part of on-site sewage disposal system design. Some of the characteristics evaluated to determine the suitability of a given area for on-site sewage disposal are topography, soil texture, soil density, soil structure, soil colour, hydraulic conductivity, depth to bedrock and depth to water table 4. There are some circumstances where, due to poor site conditions, on-site systems will not be approved Initial Evaluation Before performing on-site testing, it is important to gather information about the site that will be useful in evaluating its potential for treating and disposing of wastewater. The location of the property and the intended development must be indicated. The volume and character of the wastewater should also be identified. The next step is to gather any available resource information about the site including soil class, geology, topography, etc., that may be published on maps or in reports. Records of soil tests, system designs and reported problems with on-site systems installed in the surrounding area should be reviewed Soil Survey The Prince Edward Island Soil Survey 1988 provides detailed soils maps covering the Island printed at a scale of 1:10,000. These maps are useful to give a preliminary idea whether certain areas may be suitable for on-site sewage disposal systems. The Prince Edward Island Soil Survey 1988 manual has a section on soil limitations for sewage disposal systems. However, it should be noted that any interpretations made from these maps do not eliminate the need for on-site evaluations. The level of survey detail, limits of the soil map, and accuracy of map unit components should be considered in assessing information about any area. 4 For more information on soils assessments, please refer to the publication Soils Assessment Handbook - Field Guide to Assessing PEI Soils for On-Site Sewage Disposal Systems (PEI Department of Environment and Energy, 2002). Site Assessment Handbook for Subdivisions Page 13

16 4.1.3 Field Evaluation The physical characteristics of a parcel of land must be fully evaluated in order to design a safe and effective disposal system. Each site has its own unique characteristics and limitations which must be observed and considered in the design. Observations of the surrounding land and development are just as important as viewing the particular parcel of land under consideration Visual Survey A visual survey is made to observe and record all physical characteristics of the site which are pertinent to the design of a system, and to locate potential sites for subsurface waste disposal. Locations and distances from permanent benchmarks to lot lines, wells, surface waters, buildings and other features or structures are required on the plot plan. The landscape position and topographic features for each site, including the location of any sand dunes, watercourses, wetlands, depressions, gullies, steep slopes, rock outcrops, vegetation types or other obvious land or surface water features, should also be noted and delineated on the plot plan. It is the responsibility of the applicant to provide a plot plan that shows the features noted above. This information is useful in estimating surface and subsurface drainage patterns (e.g. hilltops and side slopes can be expected to have good surface and subsurface drainage, while depressions and foot slopes are more likely to be poorly drained). Surface drainage characteristics must be considered in the design of a system. Surface drainage ditches in a pasture or cultivated field may suggest that the seasonal high groundwater table may be near the surface during wet periods of the year. Evidence of ponding should be used as an indication of soil drainage conditions Test Pits Observation and evaluation of soil characteristics are most appropriately determined from a pit dug by a backhoe or other excavating equipment. Test pits should be a minimum of 1.8 metres (six feet) in depth and a sufficient number of pits should be inspected to gain an adequate description of the soils in the area. Test pits are performed to determine the following measurements: 1) depth to bedrock; 2) depth to water table; and 3) depth of natural unsaturated permeable soil. Variable soil conditions may require many test pits. Therefore, the Department of Environment and Energy has set the following minimum criteria for test pits: Proposed subdivisions of five lots or less will require one test pit per lot, to be located in the area of the proposed disposal field. The testing is performed by Property Development Officers from the Department of Community and Cultural Affairs (fee applies). Proposed subdivisions of more than five lots, will require at minimum one test pit for every two lots. There must be at least one test pit on each soil type identified on the soils map. In certain circumstances more test pits may be required to determine the suitability of the site. The testing is performed by a qualified consultant hired by the proponent. Page 14 Site Assessment Handbook for Subdivisions

17 4.2 Water Supplies Developers are required to conduct a site suitability evaluation to determine availability and quality of groundwater. This evaluation usually requires well construction and water quality information from existing wells in the immediate area or test wells drilled on the proposed site. Typical water quality considerations include the potential for problems such as elevated nitrates, salt water intrusion or road salt, iron and manganese problems, and in some cases susceptibility to bacterial contamination. Under most circumstances, information on water quality may be obtained by sampling existing wells located within 150 metres (500 feet) of the proposed development. The Department of Environment and Energy has well reports that may provide much of the necessary information. If the developer is required to construct test wells on the site, the developer, consultant or driller must contact the Water Management Division of the Department of Environment and Energy for specific information requirements prior to conducting this assessment. This information, together with the proposed type of sewage disposal, size of the development, and proximity to existing water services, will determine whether it is advisable to service a development with on-site water supplies, or if a central water supply system will be required. Generally, subdivisions within urban municipalities will be required to install central water systems or connect to existing systems. Where central services are provided, lots may be more compact, and should be clustered or grouped for economy of servicing. As mentioned earlier in this document, if a central water supply system is planned, the developer must first obtain a Groundwater Exploration Permit from the Department of Environment and Energy. Note: For proposed subdivisions of two to five lots, the Department of Environment and Energy will provide water servicing recommendations for the proposed subdivision. For proposed subdivisions of more than five lots, water servicing recommendations will be provided by the qualified consultant that is hired by the proponent. 4.3 Surface Water Drainage Site evaluation for surface water drainage considerations should include information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed development on surface water resources, and the effectiveness of measures proposed to minimize soil erosion and off-site sedimentation. Some of the information required will be collected as part of the evaluation for the preceding sections. In addition, following are minimum requirements for a site evaluation: The proposed grading and earth disturbance including: - the surface area involved - excess of spoil material - use of borrow material - specific limits of disturbance. Site Assessment Handbook for Subdivisions Page 15

18 Land use and size of the area which may affect the surface drainage of the development. Note: The evaluation of the property is best completed when weather permits (i.e. the property cannot be properly evaluated when it is snow-covered, and/or when the features of the lot cannot be seen). In some cases it may be requested that a subdivision proposal include a surface water management plan prepared by a qualified consultant (hired by the proponent). 4.4 Other Environmental Concerns Environmentally sensitive areas such as wetlands, watercourses, sand dunes, and forested riparian zones must be taken into account when designing a subdivision. There are various buffer zones and setback requirements for each of these which may impact the size and location of lots within the proposed subdivision. These sensitive areas are discussed in more detail in Section 5.2 (Environmental Buffer Zones and Setbacks). Page 16 Site Assessment Handbook for Subdivisions

19 5 Subdivision Design The goal of subdivision designers should be to ensure the long-term viability of the site. Sewer and water servicing options must reflect the physical capabilities of the site and a key factor is lot sizing. This section outlines the minimum lot sizes required for various physical site characteristics and servicing options. 5.1 Servicing and Lot Size Categories Current regulations are intended to provide approved lots with enough room to place a second waste disposal system on-site if the primary system was to fail. The major factors that influence lot size are the physical layout of the property, soil quality, soil properties, and the ability of the soil to assimilate the wastewater effluent from the disposal field (permeability). Permeable soil, for the purpose of on-site sewage disposal, should have a hydraulic conductivity in the range of 8.0 x 10-3 cm/s to 8.0 x 10-5 cm/s. Other factors considered are depth of the soil over bedrock, slope, water table elevation, and the depth of impervious layers. These physical parameters are used to categorize all proposed lots in Prince Edward Island into Category I, II, or III. a) Lot Category Descriptions (as determined by test pit evaluation) Category I Category I lots have a depth of 0.6 metres (two feet) or greater of permeable natural soil. The depth to bedrock and the depth to the maximum water table elevation must be 1.2 metres (four feet) or greater. Category II Category II lots have a depth of permeable natural soil greater than 0.3 metres (one foot) but less than 0.6 metres (two feet). The depth to bedrock and the depth to the maximum water table elevation must be 1.2 metres (four feet) or greater. Category III Category III lots have a depth of permeable natural soil of 0.3 metres (one foot) or greater. The depth to bedrock or the depth to the maximum water table elevation is 0.6 metres (two feet) or greater but less than 1.2 metres (four feet). Note: Lots that do not meet one of the above categories cannot be developed under the current regulations. b) Disposal System Selection The type and size of subsurface disposal system can be selected once test pit information has determined the Category (I, II, or III) of the lot to be developed. When selecting an on-site sewage disposal system with a projected flow of less than 1,500 imperial gallons per day, the licensed contractor will provide options for systems. For developments with flows exceeding 1,500 imperial gallons per day the selection will be completed by a qualified consultant. Information on system sizing and selection can be found in the Sewage Disposal Regulations. Site Assessment Handbook for Subdivisions Page 17

20 c) Lot Sizing and the Circle Requirement Minimum subdivision lot sizes depend on the lot category (I, II, or III) and whether the lot is serviced by central water and wastewater systems or on-site systems (water and sewage). In addition to the minimum lot area requirements, each lot must be able to contain a minimum circle diameter within the boundaries of the lot, as designated in the tables listed below. The circle requirement is intended to allow for enough area to install an additional sewage disposal system if the primary system was to fail On-Site Water Supplies/On-Site Sewage Disposal The minimum lot sizes required for individual lots, with on-site water and on-site sewer servicing, are as follows: Minimum Lot Size - On-Site Water Supplies/On-Site Sewage Disposal (one dwelling) Lot Category Minimum Lot Area Minimum Circle Diameter Category I 2,320 m 2 (25,000 ft 2 ) 46 m (150 ft) Category II 3,250 m 2 (35,000 ft 2 ) 53 m (175 ft) Category III 4,738 m 2 (51,000 ft 2 ) 68.6 m (225 ft) On-Site Water Supplies/Central Wastewater System It is not generally recommended that new developments be serviced by a central wastewater system and on-site water supplies. It is preferable that new developments be serviced either by on-site sewage disposal systems and on-site water wells, or a central wastewater system and a central water supply. While the provision of a central wastewater system reduces the risk of bacterial contamination from septic tank effluent, it does not provide a guarantee of good water quality. In a developed area, there are many potential sources of groundwater contamination, including broken sewer lines and accidental spills. In addition, wells provide pathways for the migration of contaminants throughout the local groundwater system. However, there may be circumstances where it is impractical to service a development with a central water supply, but a central wastewater system is available. In that case, the minimum lot sizes required for individual lots are as follows: Page 18 Site Assessment Handbook for Subdivisions

21 Minimum Lot Size - On-Site Water Supplies/Central Sewage Disposal (one dwelling) Lot Category Minimum Lot Area Minimum Circle Diameter Category I 1,390 m 2 (15,000 ft 2 ) 30.5 m (100 ft) Category II 1,390 m 2 (15,000 ft 2 ) 30.5 m (100 ft) Category III 1,858 m 2 (20,000 ft 2 ) 38.1 m (125 ft) Central Water Supplies/On-Site Sewage Disposal In areas where a central water supply and on-site sewage disposal are proposed, the on-site sewage disposal requirements will determine minimum lot sizes. In addition, central water supply wells must be located in such a manner that the water supply can be protected from potential sources of contamination. Minimum Lot Size - Central Water Supplies/On-Site Sewage Disposal (one dwelling) Lot Category Minimum Lot Area Minimum Circle Diameter Category I 1,860 m 2 (20,000 ft 2 ) 38 m (125 ft) Category II 2,320 m 2 (25,000 ft 2 ) 46 m (150 ft) Category III 3,717 m 2 (40,000 ft 2) 61 m (200 ft) Central Water Supplies/Central Wastewater System Generally, subdivisions within urban municipalities that have central water and wastewater systems will be required to hook up to these systems. The minimum lot size under this type of servicing is directly related to municipal and community planning. Therefore, existing municipal bylaws and provincial planning regulations will determine the minimum lot size in this case. Note: The Environmental Protection Act's definition of a central water system is a system servicing five or more households. Therefore, any application for subdivision involving less than five lots will be assessed using the lot sizing criteria for on-site water supplies. Site Assessment Handbook for Subdivisions Page 19

22 5.2 Environmental Buffer Zones and Setbacks Many environmentally sensitive areas located within a proposed subdivision require buffer zones to protect the environmental integrity of these areas. There are various restrictions within these buffer zones. For example, building structures, sewage disposal systems, or water systems are generally not permitted within the buffer zones. In addition to buffer zones, there can also be setback requirements for environmentally sensitive areas where buildings or structures cannot be constructed within certain distances. All applications for proposed subdivisions must show the required buffer zones on any preliminary plans submitted with the application. Readers should be aware that the following buffers/setbacks may or may not apply depending on whether the proposed subdivision is located within a municipality with official plans and bylaws. Each section will discuss where the buffers/setbacks apply. Although some of the Planning Act buffer zones and setback requirements listed below do not apply to municipalities with official plans and bylaws, the Department of Environment and Energy recommends that any proposed subdivision should, at minimum, meet these standards. Municipalities may have more stringent bylaws than are listed below Watercourse Buffer Zones (Environmental Protection Act) This section applies to all subdivisions in Prince Edward Island. Every person shall establish and maintain buffer zones on all non-forested land adjacent to: a) watercourses, including intermittent streams and springs that i) have a defined sediment bed and flow-defining banks that connect with a larger watercourse, or ii) exhibit continuous flow during any 72-hour period from July 1 to October 31 of any year; and b) wetlands identified as open water, deep marsh, shallow marsh or salt marsh as defined in the Prince Edward Island Wetland Inventory. These buffer zones do not apply to landlocked ponds or the perimeter coastline. The buffer zone must be 10 metres (33 feet) in width measured from the edge of the wetland or watercourse. In the case of a watercourse, a 10-metre buffer zone would be required on both sides of the watercourse. Within the buffer zone, grass may be planted and mowed, and trees and shrubs may be planted and managed, through natural or artificial means. However, soil or cover vegetation must not be disturbed, except as permitted under Section 10 of the Environmental Protection Act. Note: If the land is forested, the forested riparian zone provisions apply (Section 5.2.3). Page 20 Site Assessment Handbook for Subdivisions

23 5.2.2 Watercourse/Wetland Buffer Zones and Setbacks (Planning Act) These buffer zone and setback requirements do not apply to subdivisions within municipalities that have official plans and bylaws (the municipality may have its own requirements within its plans and bylaws). Any proposed subdivision that is located within the coastal area 5 and is adjacent to a watercourse or wetland must include a minimum buffer zone width of 18 metres (60 feet) or 60 times the annual erosion rate 6 in the area (whichever is greater). The buffer zone is measured from the mean high water mark of the watercourse or from the edge of the wetland. Where a subdivision is located outside the coastal area, the buffer zone width adjacent to a watercourse or wetland must be a minimum of 10 metres (33 feet), measured from the mean high water mark of the watercourse or from the edge of the wetland. Note: If the land is forested, the forested riparian zone provisions apply. In addition to the buffer requirements, no building, structure, or sewage disposal system may be located within 23 metres (75 feet) of the inland boundary of a wetland or watercourse Forested Riparian Zones The forested riparian zone requirements apply to all subdivisions in Prince Edward Island. Forested riparian zones must be established and maintained on forest land adjacent to: a) watercourses, including intermittent streams and springs that i) have a defined sediment bed and flow-defining banks that connect with a larger watercourse, or ii) exhibit continuous flow during any 72-hour period from July 1 to October 31 of any year; and b) wetlands identified as open water, deep marsh, shallow marsh or salt marsh as defined in the Prince Edward Island Wetland Inventory. The forested riparian zone requirements do not apply to landlocked ponds or perimeter coastline. 5 Coastal area means all the lands, including surface water bodies, streams, rivers, and offshore islands in the province, lying within 500 metres (1,640 feet) inland and seaward of the mean high water mark of all coastal and tidal waters. 6 The annual rate of erosion is determined by the Department of Environment and Energy based on historical data. An applicant can contact the department at to determine the annual rate of erosion for a specific property. Site Assessment Handbook for Subdivisions Page 21

24 The forested riparian zones can be either 20 or 30 metres 66 or 98 feet) in width: a) 20 metres (66 feet) in width where the slope within 20 metres (66 feet) of the watercourse or wetland boundary is nine per cent or less; b) 30 metres (98 feet) in width where the slope within 30 metres (98 feet) of the watercourse or wetland boundary is greater than nine per cent. There are certain restrictions within the forested riparian zones. For example, no person shall: a) convert forested riparian zones to any other use other than forest production (including buildings, parking lots, etc.); b) apply a pesticide for non-silvicultural purposes; c) apply pesticides using the broadcast method; d) construct road ditches or road ditch run outs within 15 metres (49 feet) of a watercourse or wetland boundary; e) expose barren soil except for the purpose of tree planting; f) operate heavy equipment within 10 metres (33 feet) of the watercourse or wetland; and g) cut more than one-third of the live trees, in each of two size classes in a 10-year period. The two size classes are: i) a diameter of 10 to 30 centimetres (four to 12 inches), and ii) greater than 30 centimetres (12 inches) diameter, measured at or less than 20 centimetres (eight inches) from the ground. Note: The forested riparian zone restrictions apply to that portion of the 20 (or 30) metres (66 or 98 feet) of land adjacent to a wetland or watercourse that is forested. For example, if there are only 15 metres (49 feet) of forested land adjacent to a wetland or watercourse and the rest of the property is non-forested, then the forested riparian zone would be 15 metres in width Sand Dunes/Beach Buffer Zones and Setbacks (Planning Act) The sand dunes/beach buffer zone and setback requirements do not apply to subdivisions within municipalities that have official plans and bylaws (the municipality may have its own requirements within its plans and bylaws). Sand Dunes A minimum buffer zone of 18 metres (60 feet ) is required from the inland boundary of a primary or secondary sand dune. Page 22 Site Assessment Handbook for Subdivisions

25 Developments may be permitted on sand dunes (other than primary, secondary and baymouth barrier dunes) where: a) the development is unlikely to disturb more than 10 per cent of the sand dune located on the parcel; b) the lot exceeds the minimum lot size requirements by an additional 1,395 square metres (15,000 square feet). This extra 1,395 square metres is not required if the sand dune is naturally vegetated with spruce, fir, pine, cedar or larch tree species, and the coverage of those species exceeds 75 per cent of the dune area; and c) the development is unlikely to adversely alter the sand dune. In addition to the buffer zone requirements, no building or structure may be located within 30 metres (100 feet) of a migrating primary or secondary sand dune, measured from the inland boundary of the dune. Beaches A minimum buffer zone of 18 metres (60 feet) or 60 times the annual rate of erosion (whichever is greater) is required. The buffer zone is measured from the top of the bank adjacent to a beach. In addition to the buffer requirements, no building or structure may be located within 23 metres (75 feet) or 60 times the annual rate of erosion (whichever is greater) of a beach. The setback is measured from the top of the bank Sand Dune/Beach Disturbances (Environmental Protection Act) Section 22 of the Environmental Protection Act (Sand Dunes and Beaches) applies to all subdivisions in Prince Edward Island. In addition to buffer zones and setbacks for sand dunes, the Environmental Protection Act stipulates which activities are permitted on sand dunes and beaches: No person shall, without written permission of the Minister, (a) (b) operate a motor vehicle on a beach or a sand dune; carry out any activity that will or may (i) interfere with the natural supply or movement of sand to or within a beach or a sand dune, (ii) alter, remove, or destroy natural stabilizing features, including vegetation, of a beach or a sand dune. Site Assessment Handbook for Subdivisions Page 23

26 5.2.6 Shoreline Erosion Rates The shoreline erosion rate requirements do not apply to subdivisions within municipalities that have official plans and bylaws (the municipality may have its own requirements within its plans and bylaws). Shoreline erosion rates deal with the average amount of shoreline that is expected to erode from a particular area in one year. The annual erosion rate in an area is determined by the Department of Environment and Energy based on historical data. In areas that have an annual shoreline erosion rate of greater than 30 centimetres (one foot) per year, a buffer zone equal to or greater than 60 times the annual shoreline erosion rate is required. The buffer zone is measured from the top of the bank. It is advisable to increase the minimum buffer zone width in areas that have high annual erosion rates to ensure adequate shoreline frontage in the future. Example: A proposed subdivision in the coastal area with lots adjacent to a beach must have a minimum buffer zone of 18 metres (60 feet) or 60 times the annual rate of erosion (whichever is greater). If the annual rate of erosion is determined to be.52 metres (1.7 feet) per year, the minimum buffer zone width would be calculated as:.52 metres x 60 = 31.2 metres (1.7 feet x 60 = 102 feet). 5.3 Surface Water Management The management of surface water is an integral part of a successful subdivision design. Improper design of surface water drainage can result in water travelling through homeowners' yards, entering basements, and washing out ditches or other drainage structures. Proper design can ensure the maintenance of aesthetic features of the subdivision, control flows, provide efficient movement of surface water, and ensure the acceptable quality of discharged surface water Drainage and Erosion Control In order to ensure that the subdivision does not have a significant impact on watercourses, the developer may be required to prepare a Surface Water Drainage and Erosion Control Plan that covers both the construction and post-construction phases of the subdivision. The plan must clearly identify the party responsible (i.e. developer, municipality, etc.) for construction and maintenance of the surface water drainage system. Structures included as part of the Surface Water Drainage and Erosion Control Plan must be designed to handle normal environmental conditions prevalent in Prince Edward Island. Further design criteria are included in Appendix B. Page 24 Site Assessment Handbook for Subdivisions

27 6 Roles and Responsibilities The roles and responsibilities of the various government departments involved in the environmental assessment process are listed below for the developer's information. 6.1 Developer Makes application for subdivision of land. Provides initial lot layout and sizes. Provides test well results, other information as requested. Hires a qualified consultant when requested. Provides master plan when requested. 6.2 Community and Cultural Affairs - Property Development Officer Conducts site suitability assessment of applications up to and including five lots. Reviews soil map for initial assessments. Performs test pit evaluations (on subdivision applications of five lots or less). Determines the lot size requirements. Consults with Department of the Environment and Energy staff. 6.3 Municipality Reviews application for subdivisions of land. Consult with staff in Provincial Departments of the Environment and Energy, Transportation and Public Works, and Community and Cultural Affairs. Ensures subdivision adheres to its official plan and corresponding regulatory bylaws. Site Assessment Handbook for Subdivisions Page 25