THE CORPORATION OF THE TOWN OF MONO BYLAW NO BEING A BYLAW TO AMEND COMPREHENSIVE ZONING BYLAW 78-1, AS AMENDED

Transcription

1 THE CORPORATION OF THE TOWN OF MONO BYLAW NO BEING A BYLAW TO AMEND COMPREHENSIVE ZONING BYLAW 78-1, AS AMENDED WHEREAS the Town of Mono Official Plan is being amended to address existing and future land uses known to pose risks or which may pose risks to municipal water supplies or vulnerable aquifers or other surface and ground water resources; AND WHEREAS Council of the Corporation of the Town of Mono deems it expedient to amend Zoning Bylaw 78-1, as amended, to conform to the Town of Mono Official Plan, as amended. NOW THERFORE COUNCIL OF THE CORPORATION OF THE TOWN OF MONO ENACTS AS FOLLOWS: THAT Bylaw No. 78-1, as amended, be further amended as follows: 1. THAT Schedule B Source Water Protection, be added, as shown on the attached Schedule A ; 2. THAT Section 3, Schedules to Bylaw 78-1, as amended, be further amended by adding before SCHEDULES 1, 2 and 3 the following: SCHEDULE B Source Water Protection (SWP) Schedule B - SWP illustrates the Source Water Protection area in the Town. 3. That Section 4 Definitions of Bylaw 78-1, as amended, be further amended by adding the following definitions in the appropriate alphabetical order and renumber subsection as necessary: (1) ABATTOIR AND RENDERING FACILITY means a building, structure or lot or part thereof used to accommodate the penning and slaughtering of live animals, the preliminary processing or rendering of the animal carcasses, and may include the packing, treating, storing and sale of the product on the premises. (2) AGRICULTURAL SOURCE MATERIAL means any of the following treated or untreated materials, other than compost that meets the Compost Guidelines in the Nutrient Management Act, or a commercial fertilizer, if they are capable of being applied to land as nutrients: (c) (d) Manure produced by farm animals, including associated bedding materials; Run-off from farm-animal yards and manure storages; Wash waters from agricultural operations that have not been mixed with human body waste; Organic materials produced by intermediate operations that process materials described in, or (c) above; or, Page 1

2 (e) Anaerobic digestion output if: (i) (ii) (iii) The anaerobic digestion materials were treated in a mixed anaerobic digestion facility; At least 50%, by volume, of the total amount of anaerobic digestion material were on-farm anaerobic digestion materials; and, The anaerobic digestion materials did not contain sewage bio-solids or human body waste. (3) AIRPORT means the use of land, or building or structure for facilitating the arrival, departure, movement or servicing of aircraft and their passengers and freight and without limiting the generality of the foregoing, accessory uses may include ticket sales offices, general offices, aircraft hangar, maintenance and repair of aircraft, flying school, dormitory accessory to a flying school, restaurants, convenience retail, luggage checking facilities, and parcel and freight shipping facilities. (4) ASPHALT BATCHING PLANT, PERMANENT means a facility where: Equipment is used to heat and dry mineral aggregate and to mix it with bituminous asphalt to produce asphalt paving material; and, Bulk materials used in the process described in clause above are kept. (5) ASPHALT PLANT, PORTABLE means a temporary facility, to be dismantled at the completion of a construction project, where: Equipment is used to heat and dry mineral aggregate and to mix it with bituminous asphalt to produce asphalt paving material; and, Bulk materials used in the process described in clause above are kept. (6) DENSE NON-AQUEOUS PHASE LIQUID (DNAPL) means chemicals that are both denser than water and do not dissolve readily in water. Because of these traits, DNAPLs tend to sink below the water table and only stop when they reach impenetrable bedrock. This makes them difficult to locate and cleanup. DNAPLS of concern include: (c) (d) (e) 4-Dioxane; Tetrachloroethylene/Perchloroethylene (PCE); Trichloroethylene (TCE); Vinyl Chloride (VC); and, Polycyclic Aromatic Hydrocarbons (PAHs). (7) DRINKING WATER THREAT shall mean, an existing activity, possible future activity or existing condition that results from a past activity that: adversely affects or has the potential to adversely affect the quality or quantity of any water that is or may be used as a source of drinking water, or Page 2

3 results in or has the potential to result in the raw water supply of an existing or planned drinking-water system failing to meet any standards prescribed by the regulations respecting the quality and quantity of water, and includes an activity or condition that is prescribed by the regulations as a drinking water threat. (8) ORGANIC SOLVENT means substances, usually in liquid form and capable of dissolving another liquid. Organic solvents include carbon tetrachloride, chloroform, methylene chloride (dichloromethane) and pentachlorophenol. (9) RISK ASSESSMENT REPORTS means a technical report, completed by a qualified person, seeking to lower the vulnerability score of a site from that in the approved Assessment Report as defined under Part IV of the Clean Water Act. The Risk Management Official under Section 60 of the Clean Water Act has approval authority over this report. The Report will describe the local watershed, available water supply, identify vulnerable areas and contamination or depletion assessment threats, and provide acceptable mitigation and solutions. (10) RISK MANAGEMENT OFFICIAL (RMO) means the person responsible for preparing, negotiating and establishing Risk Management Plans and evaluating Risk Assessment Reports under Part IV of the Clean Water Act, similar to the way in which building officials make decisions on building permits. An individual cannot be appointed as a Risk Management Official unless they have the qualifications prescribed by the regulations, which state that the individual completes a ministry-approved training course. (11) RISK MANAGEMENT PLAN (RMP) means a site specific document, approved by a Risk Management Official (RMO) as defined under Part IV of the Clean Water Act, that outline actions required to address identified significant drinking water threats, and should include and account for risk management measures that are already in place. A RMP can be thought of as a means of applying regulatory controls to an activity or activities; it is a plan that regulates how significant drinking water threats are managed one which offers the opportunity for local agreement and negotiation. (12) TIME OF TRAVEL means an estimate of the time required for a particle of water to move in the saturated zone from a specific point in an aquifer into the well intake. (13) VULNERABILITY SCORE means a 10-point score for all land within a Wellhead Protection Area for every municipal well or Intake Protection Zone for every surface water intake based upon the susceptibility of it becoming contaminated and reflects the surrounding environmental conditions associated with the aquifer (horizontal and vertical time of travel through the subsurface) or water body (time it takes to reach a water intake). (14) WELLHEAD PROTECTION AREA (WHPA) means the surface and subsurface area surrounding a water well or a well field that supplies a municipal water system through which contaminations are reasonably likely to move so as to eventually reach the water well or well field. Page 3

4 (4) THAT Section 5 General Provisions be amended by adding new subsection (30) - Source Water Protection, as follows: 5(30) SOURCE WATER PROTECTION Notwithstanding any other provisions of this Bylaw, on any lot situated wholly or partially within a Source Water Protection area shown on Schedule B Source Water Protection (SWP), with the exception of lawfully existing uses permitted in Section 5(30) herein, the following uses are prohibited: (i) (ii) (iii) (iv) Abattoir and rendering facilities; Agricultural outdoor confinement or farm-animal yards that would likely be demonstrated to generate more than 299 nutrient units per hectare per year; Agricultural source material storage and/or application to all lands; Agricultural Storage Buildings used for agricultural source materials which includes, but is not restricted to, the following materials: (1) Animal manure including bedding materials, (2) Milk house wash water (3) Mushroom compost, (4) Regulated compost, and (5) Animal yard run-off and manure; (v) (vi) (vii) (viii) Agricultural uses including livestock grazing and pasturing that generates nutrient units greater than 0.5 nutrient units per acre annually; Airport or aerodrome; Asphalt Batching Plant, Permanent; Asphalt Batching Plant, Portable (ix) Automotive or other vehicular sales or rental establishment; (x) (xi) (xii) (xiii) (xiv) (xv) Automotive or other vehicular service activities and repairs; Bulk storage facility, including: tires and/or rubber type compounds; Cemetery; Chemical manufacturing plant; Commercial fertilizer handling, storage facility or application to lands; Commercial Horticultural Nursery; Page 4

5 (xvi) (xvii) Commercial water taking and/or commercial water bottling operations; Contractors storage facilities and/or repair yards; (xviii) Dense non-aqueous phase liquid (DNAPL) storage and handling for industrial, commercial, institutional and agricultural purposes, unless subject to an approved Risk Management Plan; (xix) (xx) (xxi) (xxii) Dry cleaning or laundry plant; Electroplating or metal casting, refining or fabricating operation; Food processing plant; Furniture and wood stripping and refinishing operation; (xxiii) Gas bar / station; (xxiv) Golf course (not including a driving range or a miniature golf course); (xxv) Manufacturing of materials and/or products including but not limited to: (1) fabricated metal, (2) chemical, paint, (3) pharmaceutical, (4) electronic, (5) cable or wire, (6) automotive, (7) wet electrical/battery, (8) electrical appliances, (9) equipment and motors, (10) dry batteries, (11) soaps and toiletry products, (12) lighting fixtures, (13) glass and glass products, (14) paper or newsprint, (15) boxes, and (16) plastic and foam and related or similar products. (xxvi) Non-agricultural source material storage facilities; (xxvii) Organic soil conditioning sites; (xxviii) Organic solvents storage and handling, unless subject to an approved Risk Management Plan; (xxix) Outdoor confinement or farm animal yard in WHPA; (xxx) Road salt storage facilities; Page 5

6 (xxxi) Salvage or Wrecking & Recycling Yard; (xxxii) Sewage disposal or treatment system with subsurface discharge greater than 10,000 litres per day; (xxxiii) Snow storage facilities or areas; (xxxiv) Storage of petroleum fuels, petroleum solvents and chlorinated solvents, pesticides, herbicides and fungicides, construction equipment, inorganic fertilizers, except by an individual for non-commercial occupant family use; (xxxv) Storage tank whether above or underground, other than those that permanently contain non-contaminated water, unless subject to an approved Risk Management Plan; (xxxvi) Textile and/or leather manufacturing, processing or cleaning; (xxxvii) Transportation or transit depot or terminal including parking & storage garage; (xxxviii) Warehousing, storage or refining of petroleum-related products and chemicals; (xxxix) Waste disposal, storage, handling, transfer, processing and/or recycling facilities for hazardous liquid wastes 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 (Ontario Regulation 347/1); (xl) (xli) (xlii) Waste water treatment plant and/or similar disposal facilities including: lagoons, communal and municipal sewage treatment facilities, sewage pumping station vaults but excluding approved facilities regulated under the Nutrient Management Act or other MOECC regulations; Wayside pit or quarry including those situated on a licensed pit or quarry; and, Wood preserving and treating operation. Notwithstanding Section above, any use listed therein which as of the date of passing of this Bylaw was existing and lawfully permitted and in compliance with all other provisions of this Bylaw, or was authorized by an approved minor variance pursuant to Section 45 of the Planning Act, shall continue to be permitted but only in accordance with the following: (i) The permitted use provisions of the underlying zoning; and, Page 6

7 (ii) Any expansion of a building or structure located on the lands shall not exceed 10% of the building or structure main level gross floor area that lawfully existed as of the date of passing of this Bylaw. (5) THAT Section 6 Zones be amended by adding the following text at the end of the list in Section 6(1) Zone Classification: Source Water Protection (SWP) Wherever a conflict may arise between Source Water Protection provisions in this Bylaw and any other provisions herein, the provision(s) that afford the greater protection to surface and/or ground water shall prevail to the extent necessary to resolve the conflict. (6) THAT this Bylaw shall come into force and effect in accordance with the regulations under the Planning Act. READ A FIRST AND SECOND TIME THIS DAY OF, READ A THIRD TIME AND PASSED THIS DAY OF, Mayor CAO/CLERK Page 7

8 SCHEDULE A SOURCE WATER PROTECTION SCHEDULE B - SWP TO BYLAW 78-1 Page 8

9 BLIND LINE HIGHWAY 10 1ST LINE EHS 2ND LINE EHS T o w n s h i p o f A m a r a n t h MONO - AMARANTH TOWNLINE COUNTY ROAD COUNTY ROAD T o w n o f O r a n g e v i l l e Cardinal Woods Well 1 Cardinal Woods Well 4!(!(!( Cardinal Woods Well 3 HURONTARIO STREET HURONTARIO STREET 10 SIDEROAD HOCKLEY RD (COUNTY ROA D CON 3 WHS CON 2 WHS CON 1 WHS CON 1 EHS CON 2 EHS CON 3 EHS CON 4 EH!( 5 SIDEROAD Island Lake Wells (TW1, PW1) HIGHWAY 9!( 7) Coles Well 1 & 2 3RD LINE EHS w,,, Town of Mono Zoning Schedule B Source Water Protection (SWP) Legend!( Well Type I Production Wellhead Protection Areas (WHPA) Zone A: 100m Buffer Zone (Pathogen Security/Prohibition Zone) B: Pathogen Management Zone (0-2 Year Time of Travel) C: DNAPL/Contaminant Prot. Zone (2-5 Year Time of Travel) D: Secondary Protection Zone (5-25 Year Time of Travel) E: Surface Vulnerability Zone (GUDI Well) SourceWaterProtectionPlans SWPPlan NOTES: South Georgian Bay Source Water Protection Plan (CTC) Source Water Protection Plan Well Head Protection Area (WHPA) 100m Buffer Parcels Suburban Residential Rural Estate Rural Open Space Environmental Protection Zone Local Commercial Tourist Commercial Highway Commercial Plaza Commercial Commercial Light Industrial Major Institutional Special Institutional Special Light Industrial General Industrial Extractive Industrial Town of Mono Mono Centre Road Mono, ON L9W 6S3 Phone: Fax: Niagara Escarpment Development Control Area 1. Wellhead Protection Area (WHPA) Data provided by the Credit Valley Conservation Authority. 2. Information herein is based on mapping included with the approved Credit Valley-Toronto and Region- Central Ontario Plan (CTC) Source Protection Plan. T o w n o f C a l e d o n Datum: NAD 83 Coordinate System: UTM - Zone 17 Mapping Date: 15 February, 2018 T o w n s h i p o f E a s t G a r a f r a x a ,000 1:36,563 Meters J:\GIS\!Planning\Zoning\SourceWaterProtection\ScheduleFWHPA.mxd