Peter Robert Schwarz - Approval for a consent (subject to conditions) in an area where there is no official plan in place

Decision on instrument

57-C-197066 was approved on October 10, 2019 with conditions that must be fulfilled prior to final approval being granted. If final approval is granted, the lands are to be sold and the existing seasonal dwelling on the subject lands will be renovated.

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 30, 2019.

The proponents have one (1) year to satisfy conditions, otherwise approval will lapse.

Non-standard conditions include:

• That prior to final approval, the Ministry must be advised by Algoma Public Health that the existing pit privies on the retained and the severed lands are appropriate for these lots and that formal inspections indicate that the pit privies meet their requirements for Class I septic systems.
• That prior to final approval, the Ministry must be advised by Algoma Public Health that the retained and the severed lands have been inspected and are each suitable for the installation of a Class IV subsurface septic system. New development, including the creation of a lot, requires the option for new/future owners to install a Class IV septic system.
• That prior to final approval:
  • a. The Ministry receive written confirmation from the Ministry of Environment, Conservation and Parks (MECP) that site conditions for the severed and retained lots are appropriate for the proposed lot sizes, upon review of a site-specific hydrogeological study and water quality impact assessment prepared and submitted by the proponent in accordance with MECP Guideline D-5-4 and D-5-5; and
  • The proponent undertakes to complete any recommendations of those assessments.
• That prior to final approval the Ministry must be provided with confirmation that no habitat of endangered species or threatened species is present, based on submission of a completed screening and checklist from the Client’s Guide to Preliminary Screening for Species at Risk. Please copy SAROntario@ontario.ca upon submission to MMAH.
• This Ministry is to be advised in writing by the transferor that the Offer of Purchase and Sale agreement, as a signed acknowledgement by both transferor and transferee, contains the following clauses:
  • a. With respect to sewer servicing, small private sewage disposal facilities which have a daily sewage flow of 10,000 litres or less per day must be certified by Algoma Public Health. Large private sewage disposal facilities which have a daily sewage flow of >10,000 litres, or communal systems, must be approved by the MECP. Algoma Public Health should be contacted for information on the proper installation and operation of Class IV septic systems.
  • b. With respect to water servicing, the current owners or any prospective buyers should be advised that lake water 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 used as the drinking water source in the future (e.g. by prospective buyers of either lot), it must be constructed in accordance with Ontario Regulation 903 – Wells under the Water Resources Act and in accordance with the Ontario Building Code with a setback of 30 metres from the shoreline.
  • c. Sewage systems should be located as far as possible from the shoreline (at least 300 metres for lakes at capacity, 30 metres for lakes not 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. Lake capacity information can be accessed by contacting local Ministry of Natural Resources and Forestry or Ministry of Environment Conservation and Parks District offices.
  • d. All domestic waste produced on the retained and new lot must be appropriately handled and disposed of at an approved waste disposal facility.
  • e. Residents can minimize soil erosion by retaining a 30-metre vigorously growing filter zone (or buffer) of native grasses, trees and shrubs beside the lake and along any streams that empty into the lake. Residents can also reduce erosion by maintaining native vegetation throughout their properties to minimize areas of exposed soil. The use of native vegetation as a ground cover instead of a lawn is especially beneficial as it does not require the application of pesticides and phosphorus-rich fertilizers that can add to water quality problems. Minimizing the amount of impermeable surface such as concrete or asphalt will reduce stormwater runoff and its erosive effects. Consider infiltration practices to reduce surface runoff such as rain gardens, infiltration trenches instead of rain gutters, grassed swales and vegetated filter strips.
  • f. Protect local water quality by minimizing stormwater volumes and contaminant loads. Best management practices include avoiding buildings and structures next to the shoreline for a minimum of 30 metres, maintaining or adding vegetation along the shore and around the property, locating sewage systems as far as possible from the shoreline where native soils are deepest (any drinking water wells to be up gradient), avoiding septic starters, pumping the tank out every three to five years, reducing water use, and not using soap in the lake.
  • g. Owners are encouraged to participate in the Ministry of Environment Conservation and Parks Lake Partner Program to help gather further information about phosphorus concentrations on Devil’s Lake. Information regarding the program can be found at: http://desc.ca/programs/lpp.
  • h. If site alteration is proposed in the future, please contact the Sault Ste. Marie District Office for the Ministry of Natural Resources and Forestry at 705-949-1231: adjacent lands for fish habitat include 120 metres back from the shoreline, so a permit may be required for the site alteration. If, during site alteration, any archaeological remains or other cultural heritage resources are discovered onsite at any time, work must be stopped, the site secured from further alteration / public access and the Ministry of Tourism Culture and Sport should be immediately contacted at 416-314-7620 to determine further actions.