Nancy Meribeth Riley, Hugh Sandford Riley & George Patrick Riley - Approval for a consent (subject to conditions) in an area where there is no official plan in place

Decision on instrument

Application 60-C-190125 was approved on October 9, 2019 subject to the following conditions:

1. That prior to final approval, and pursuant to subsections 53(12) and 51(25) and 51(26) or (27) of the Planning Act, the applicant shall enter into a Consent Agreement for each new lot with the Ministry of Municipal Affairs and Housing (MMAH), to its satisfaction, addressing the use and potential development of the new lot, including:>

• No shoreline development along sections A-B, C-D, D-E, S-T, T-U and U-A as shown in Schedule 1 of this decision shall be permitted.
• No development activities or removal of vegetation in the riparian area within 20 metres of the high-water mark along section A-B, D-E, S-T and U-A as shown in Schedule 1 of this decision.
• No construction activities are permitted between June 1 to September 30 within 20 metres of the high-water mark of sections G-H and K-L as shown in Schedule 1 of this decision.
• Provisions to obtain undertakings from the applicant and/or the applicants lawyer to implement conditions and requirements, including that the Consent Agreement be registered on title in priority to other documents; and
• Provisions relating to the enforcement of the Consent Agreement.

2. That prior to final approval, written confirmation is received which states that there is adequate capacity to dispose of hauled sewage generated by the severed and retained lands. This written confirmation should take the form of a letter from the holder of an Environmental Compliance Approval (ECA) for an approved septage disposal facility, referencing the disposal facility and the related MOECC approval, and confirming that the disposal facility has sufficient reserve capacity to accept hauled sewage from the proposed lots.

3. The Ministry is to be advised in writing by the transferor that the Offer of Purchase and Sale agreement, or alternatively an acknowledgement by the transferor and transferees if the transaction is between family members, contains the following clause:

• With respect to sewer servicing, the Northwestern Health Unit has not yet evaluated the severed or retained lots for their capability to support any type of septic system. Small private sewage disposal facilities which have a daily sewage flow of 10,000 litres or less per day must be certified by the Northwestern Health Unit. Large private sewage disposal facilities which have a daily sewage flow of >10,000 litres, or communal systems, must be approved by the MOECC. The Northwestern Health Unit should be contacted for information on the proper installation and operation of Class IV septic systems and Class 1 (pit privy) sewage systems.
• With respect to water servicing, the current owners or any prospective buyers of these lots should be advised that the water of Lake of the Woods should not be used as a source of potable water unless it is disinfected and/or treated to meet the Ontario Drinking Water Quality Standards, as stipulated in O. Reg. 169/03 of the Safe Drinking Water Act. Should a well be considered as the drinking water source in the future or by prospective buyers of either lot, it must be constructed in accordance with Ontario Regulation 903 – Wells of the Ontario Water Resources Act, however no assessment has been undertaken for groundwater quality or quantity, and therefore, it may not be adequate to support the use of individual private wells.
• It is also recommended that sewage systems be located as far as possible from the shoreline (at least 300 metres for lakes at capacity) where native soils are deepest, with any drinking water wells remaining up gradient. The further a sewage tile field is placed from a water body, the more the soils help control phosphorous, reducing potential for algae and weeds along the shoreline. Moreover, phosphorus loadings from septic systems can be reduced by avoiding the use of septic starters, pumping the tank out every three to five years and reducing water use.
• All domestic waste produced on the retained and new lot must be appropriately handled and disposed of at an approved waste disposal facility.
• Avoid developing next to the shoreline for a minimum of 30 metres (note development has already occurred on both lots well within the 30 m requirement).
• Maintain or add vegetation along the shore and around the property
• Locate sewage systems as far as possible from the shoreline where native soils are deepest, with any drinking water wells remaining up gradient.
• Avoid septic starters, pump the tank out every three to five years and reduce water use.

4. That prior to final approval by this Ministry, a flowage easement to elevation 324.6 metres CGVD 1928 (Canadian Geodetic Survey Datum of 1928) is required on the severed and retained lands provided a flowage easement or hazard land zone to the level does not already exist.

Other information

The approval can be appealed using the procedure outlined below. Notice to appeal the decision to the Local Planning Appeal Tribunal must be filed with the Minister of Municipal Affairs and Housing on or before October 29, 2019.