Chapter 13
AREA
All lands located within the Aquifer Protection Development Permit Area, as shown on Schedule L.
DESIGNATION
Pursuant to section 488(1)(a) of the Local Government Act, these lands are hereby designated a development permit area for protection of the natural environment, its ecosystems and biodiversity. These lands are also designated under section 485 of the Local Government Act as areas in which the municipality may require applicants to provide information on the anticipated impact of development activities on the natural environment of the area affected.
JUSTIFICATION
The designation of this development permit area will ensure that applications identify the proposed land uses, the local drainage measures that can be carried out to protect the aquifer, spill protection measures, transportation of dangerous goods techniques that can be implemented to minimize risk of aquifer contamination, and spill response plans.
Pursuant to section 488(4) of the Local Government Act a development permit is not required in respect of the following:
- (a) Subdivision of land.
- (b) Activities on the lands identified on Schedule L that do not involve the use, storage, processing, manufacturing or sale of chemicals, substances or compounds, whether in solid, liquid or gaseous form, that could migrate into the ground and affect the groundwater aquifer, other than the use of a motor vehicle on the land.
- (c) Activities of all types in the following zones designated in Zoning and Parking Bylaw No. 303, 2015:
- (i) all zones within Part 11 Leisure Zones;
- (ii) all zones within Part 12 Residential Zones;
- (iii) all zones within Part 13 Multiple Residential Zones;
- (iv) all zones within Part 15 Tourist Accommodation Zones;
- (v) all zones within Part 16 Tourist Pension Zones;
- (vi) the following zones in Part 17 Lands North Zones: LA1, LA2, LA3, HA1, HA2, LNR, LNP, CNL, LNRTA1, LNRTA2 and LNRTA3;
- (vii) all zones within Part 20 Institutional Zones; and
- (viii) all zones within Part 22 Parking Zones.
The following guidelines apply within the Aquifer Protection DPA:
- (a) All improvements, buildings and structures and alterations to land must be designed, constructed, undertaken and maintained in a manner that does not result in contamination of any aquifer or groundwater.
- (b) Buildings, structures and uses involving the transportation, storage or use of materials, chemicals, compounds or substances that could contaminate an aquifer or groundwater, including materials or substances used during land alteration and construction activities, must be located, designed, constructed and maintained to minimize, to the greatest extent possible, the possibility of any such contamination.
- (c) The municipality may incorporate into any development permit, measures to preserve or protect aquifers and groundwater from contamination.