Proposed Septic Permits Administration in North Kawartha
(Click here) for NOTICE OF PUBLIC MEETING April 1 2014
Septic Permits, for a long time, have been issued by the Peterbrough County Health Unit and for some time North Kawartha Council has been considering having this service provided through Township Staff. In the March 13 issue of Bnacroft Times I notice a PUBLIC NOTICE for a PUBLIC HEARING on April 1 2014 to consider the adoption of a bylaw-- which if passed --which apears likley- as there is a subsequent Public Information Session schedule for April 16 to brief contractors on the new application process.
(Click here) for copy of the proposed North Kawartha Sewage Disposal Systems Bylaw Bylaw
Submission to North Kawartha Council April 1 2014 (click here)
Septic Setbacks Ontario Building Code or Township Zoning Bylaw??
In 2009 both North Kawartha and HBM were in process of developing new setback zoning bylaws to regulate location of septic systems. Of interest to me was that the Ontario Buiding Code regulated septic systems and has a requiremen that septics be set back from waterbodies a minimum of 15 metres(50 ft) . Now the townships were proposing to pass a zoning bylaw under the Planning Act to set back septic systems a minimum of 30 meters( 100ft)
So the interesting issue here is " do the townships have authority to pass a zoning bylaw under the Planning Act to change the requirements in the Ontario Building Code. The Code was developed to bring some order into chaos where at one time each municipality had its own ideal of how to build a house so the construction industry pushed for and got a standardized Ontario Building code which has a provision 22.214.171.124.B requiring septics to be set back 50- ft from lakes. So I wrote the then Minster of Muncipal Affairs on May 28 2009 ( letter to Minister ) to get a decison on whether Townships in fact could pass a zoning bylaw to regulate that septics be back 100 ft form a lake when OBC stated 50 ft. It took over six weeks to get this reply( reply from Minister) which states ..while municipalities may impose greater setbacks for planning purposes than those found in the Building Code, they may not establish setbacks that conflict with those in the code since-as you note--the Code supercedes municipal bylaws concerning the construction of buildings
The day I received the Ministers letter, both North Kawartha and Havelock Belmont Methuen passed zoning bylaws under the Planning Act to set back septic systems 100 ft from the lake.
I fully agree with having septic systems back further from lakes where possible but have a serious concern about the apparent conflict between the two Provincial Acts both under the same Ministry being the Planning Act and Ontario Building Code Act regulating the same subject with conflicting standards.
As time permits, I will share my thoughts on the difference between the HBM and NK zoning bylaws related to the septic set back issue.
Septic Setback Submission to HBM Council April 14 2009
This is my submission to Council ( click here) which resulted in revisions to definition of what part of the septic system is required to be back 100 ft from the lake. Despite the revision, in my opinion the township consulatant still did not get it right.
Cottage Septic Reinspections
this is a paper I wrote in 1995 -(click here)