HomeMy WebLinkAboutPL 19/99�. - -
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� REPORT TO COUI�ICIL
FROM: Neil Cartoll
Director, Planning end Development
DATE: November 16,1999
� PLANNIN(i REPORT NUMBER:19-99
SUBJECT: Pionning Applicadon Processing
Exnnpdon of Local Official Plon Amendments from Regianel Approvel
1. TtieCTown Council receive, for infonnetion, Plenning Report No. 19-99, advising that the
Rogion of Aurham is pursuing an Order hom the Ministry of Municipal Af'fairs and Housing
to authoriu Durham to exempt certain local ofTiciel plen amendment applicstions from
Regional approval, thereby strcamlining the dcvelopment approvals process;
2. Thet Town Councii edvisc the Minister of Municipai Affairs and Housing and the Region of
Durhem that it supports the exemption ot local ofliciel pien amendments from Regional
epproval en� requests the Minister to iuuc thc Exemption Order nt the esriiest possible
opporlunity; end
3. That the Clerk focward a copy of Plunning Report No, 19-99 and Coun,il's resoludon on the
mntter to the Region of Durham and the Minister of Municipal Affeirs end Housing.
ORI(3iN:
Town Council Resolution N4�J97, Item #i, of Febn�ary 10, 1997, rcquesting the Region enter
into discuvsions respecting exemption of local officiel plan emcndments from Regional approval.
ALTfHOR1T'Y: The Plenning Act, RS.O. 1990, chepter P,13
FINANCIAL IMPL►CATIONS:
No direct costs to the Town are anticipated as a rcsult of the exemption procedure, However,
additional stafi timc will bc required to prepere new local procedures, train stafT, end carty out
lhe approvals ptocess.
EXECUITVE SUMMARY:
Amendmonts to ihe Town's Ofiicial Plan currenUy require a twastep approval process: -
ToWn Council adopts ihe amendments, end the Region of Durhem approves the amendments,
However, the Ministry of Municipal Affeirs and Hausing is now prepored to providc to ihc
Ragion ihe power to exempt certein local officiel plen emendments from the twastep process.
An 'exempf emondmenl will only require Town Councit adoption, Foliowing adopdon, the
emendment is tmmediauly subject m a 20 day appeal period (similer to the passing of a wning
by-law).
Stafi' hes been imolved with the Region end othor erea munictpalides in thc development of the
'exempt'. end 'non-exempP definidons and telated procalurcs, and recommonds Town Council
;t ' suppoR Uiia strcamlining Initiativo. Tovm Plenning end Deyelapment, and Clerk's ataf'f will
`' necd to reviso thetr rcapectivo Departmental procedures for processinE local oflicial . plen
4� emendment epplicsQons W eddtess'exempt' app8cadons.
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' PLANNMd 1tEP01tT NUMBER 19•99 '' Datc: November 16,1999
'.
SubJxt:'&xcmption of Local Official Plen Amendmenta from Itegional Approval Pegc 2 p 3
BACKpROUND: '
1.0 Two-Steo Aporoval Process for Plckedna Official Plen Amendments
Cwrently, amendmcnts to iho Pickering Ofi'iciel Plen cequirc a twastep approval process,
Town Council adop►s amendments to the Plan, and thc Regional Municipelity of Durham
approves, modifies, or denies emend�nents, subject to a 20�day appeal period,
The Plenning Act, however, allows the Rogion of Durham to exempt local officiel plens or
amendraents from Regtonal approval, provided exemption powers ere epproved by the
Minister of Municipal Affeirs and Housing.
2.0 Permitdn¢ a Ono-Steo Aanroval Proccss in Certain Ciroumstances
The Region of Durhem is now rcquesting the Minister of Munlcipal Affnirs and Housing
(MMAH) !o issue an order euthorizing the Region to exempf cerlaln local official plan
�mendments from approval, Thus, there will be two approval processes for Applications
within Pickering (end the other Durham arca municipalities). Of(icial Plans, and some
official plan amendmens will wntinue through the two-stcp epproval process. However,
other official plan emendmcnt applications detertnined to be exempt from Regional
approval, will only have e one-step approval process — Town Council ndoption, foliowcd
immediately by a 2U-day eppeal period.
A copy of Regional Plenning Commissioner's Report No, 1999•P•38, on the
Bxemption of Local Ofliciei Plan Amrndments, is provided for infortnation nnd rcferencc
(see Attuchment N1). The Region's rcvised proccdures for processing locul o�cial pinns
ond emendments, arc auached to thc Commissioner's Report, and arc enticipnted to be
approved by Regional Councii on November 17, 1999. The procedures distinguish between
official plans, area municipal-initiatcd amendments, and privatcly-initiated o�cial plen
amendments. The definitions for excmpt ond non-exempt npplicntions arc fowd on Puge 3
of ihe Procedures [sec dcfinitions k) nnd I)].
Applications currentiy in process wili remnin in the twastep epprovel process. Thc
Micisterial Order, anticipaled ir� early Jnnuary, 2000, end/or Regional exemption by-Inw,
wi;l specify the effective date aRer which exemptions may be possible.
The Region proposes to chenge its fas with the inclusion af e second epproval process. The
Region proposes to srop collecting a 5500 fee foilowing Council adopUon, and replace it
with a 5500 mviaw fee for all privetely-initiated applications. The fee is to collected by the
area munlcipality, and will be payable by the applicnnt at the time of application.
3.0 Discussion
On Februery ]0, 1997, Town Councit passed Resoludon iW2/97, Item Nl, requesting that the
Reglon cnter into discussions with ths Town resptcdng thc possible exempdon of local
o!'Ficinl plen amendmenis from Regionel epprovai. iJn May 3, 1999, Town Council passed
Resoludon #99/99, Item MI, endorsing ihe Durham Plenning gystems Review
Phese 1 Report, duted Febnrery 11, 1999, One of the key recommendadons in that Report,
for atreamlining approval processes, wes the exempUon of ccrtain local official pten
' emendments from Regionol approvaL
To this end, area munlcipal end Regional planning statT formed a working group earlier this
year to develop procedures for exempting otiiciel plen amendments. Only ttiosc
eppilcadons that mat the definidon outlined !n the procedures, will be allowed ro follow ihe
one-step epproval process, However, a checi; of ald oflicinl plan emendments agatnst tho
definldon auggested that, on eYerege, somewhere between SO% end 60% of the amendmrnt
applications would heve been exempt from Regional approval,
' ` PLANNMl3 REPORT IQUMBER 19,99 � �� ' Date: November 16,1999
i�, , Q Q Subject:. Exempdon of I.ocal Officiel Plan Amer,dmenta fram Regional Approval Page 3
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Staff suppohs iho procedures aa set out in thc Commiasioner's Report and reconunends
Council also aupport them. Local offidal plens, end those applicadons not meeting the
cxempt dcfinidon, will still follow,the lwo-akp proctss, Exempt official plen amend�nent
applications will follow a moro streatnlined process. By way of comparison, the procedives
for excmpt Pickering Plen amendments will bc very similer to the procedures the Town uus
when paasing zoning by-laws. The procedurcs will perallel those for Regional Official Plan
amendments, ell of which are exempt from Ministcrial approval, and follow a one•sA�p
epprovat process — Regional adopdon, followed immediately by a 20-dey appeal period.
The Region's procedures indicate they will edvise the Town whether en epplicntion is
excmpt from Regionel approvel within 30 duys of receiving lhe circulntion notice. Thc
intent is to ensure the erca municipality knows at the Public Information MceGng whether an
sppllcadon holds exempt stetus. Town staft' hes an obligadon to provide i�f'ormadon about
appoal rights both in the notice of, and at, the public meedng. Town staf'f will monitor the
timeliness of the status letter frcm the Region, with respect to the Uming and wntent of our
nudfications and public meetings.
Town Planning and Devdopment, and Clerk's staff must revise their respective
De},ertmental procedures for processing official plan amendment epplications to eddress ihe
one-step approval process. Adjustments to the procedures will bc required now in
preparation for tl�e exemption order, and may need fwlher adjustment after a period of
monlroring. Staff Uaining on the ncw procedures will nlso bc required. Under u two process
system, lhere is bound to be an iniiial 'leaming curve'. It will be the obligetion of Town
staff to be able to cortecQy advise epplicents and process npplications properly as set out by
the Plenning Act.
Ona: proadurea are in placc and stet'f training complete, it is anticipated thet the on-going
effect on Town stafFworkload will be generelly neutral, Prcsently, To�ni statf must prepare
end forward to ihe Region a lengthy 'Rewrd' Jocument with each adopted amendment. If
exempt, no Record will be required. However, under the new system, either a notice that no
eppeals were received, or an eppeal package (similar to the `Record'), viould now be the
obligadon of the Town. For u non-exempt amendment, thc Record is still rcquired es purt of
the twastep approvel process.
ATTACEffvtENTS:
1. Regional Planning Commissioner's Report No.1999•P-88, dated November 9,1999.
Prepnred By: Approved / E dorsed b:
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Catherine L. Rose Nei Certo
Manager, Policy Section Director, Pl end Development
CLR/ab
• Attschments
c.c.: Jene Burton, Town Solicitor
Bruce Taylor,l'own Clerk
Recommended for the wnsideralion of :
Pickedng Town Co cil �, -
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Chlef Adminiatrative Ofiicer
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ATfACHMENTM�T�99
. .. { � � . ` PLANNINa REPORT r
Planning Deparlment
Commiss(oner's Report to Planning Comm(ttee
Report No.1999-P•BS
C�te: November 9,1999
SUBJECT
Exemptfon of Local O�icial Plen Amendments, File; 2.11.4 •
RECOMMENDATIONS
L THAT Coundl implement the exemption of Local O�cial Plan Amendments
from Regionai approval by;
• a) requestfng an Exemption Order from the Ministry of Mun(clpal Affa(rs
and Housing;
b) aulhor(zing the Regional Solicitor to bring forvvard a Reg(onal
Exemption By-law upon receipt of the Exemption Order from lhe
Minlstry;
c) endorsing the revised procedures in Attachment 1 which Ucorporates
exemption oi Local Officlal Plan Amendments from Regiunal approval;
and
d) authorizing the Regional Solicitor to bring forward an amended By-law
prescribing a teriff of fees.
2. THAT a copy of lhis report be forwarded to the Ministry of Municipal Affairs
and Housing, the area munlcipalfties, approp�iete public bodfes and the
Urban Development Institute, ,
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Commissioner's Report No. 1999•P-88 Page 2
REPORT
1. Bac round
1.1 In 1P96, the Min(stry of Munlcipal Affairs and Housing released a Proposed
Exemption Implementatfon Strategy which, among other things, provided the
exemptfon of Local Official Plan Amendments (LOPAs) from Regional
1; approvaL In January 1997, Counci� adopteu the recommendaUons containad
in Cummissioners R�port No. 97-P•13 to implement prccedures and criteria
for exempting area municipal offic(al plan amendments.
1.2 Thls Initietive has res+�lted in the exemption of LOPAs as one of lhe direcAons
for Improving the piann(ng approval process as concurred with, In 1he Phase
1 Pianning System Review Repo�t (Commissioners Report No. 1999•P-4�'),
which was adopted by Councfl on June ^.1999,
1.3 A working group, consisUng of representaqon irom lhe Regia� and area
munlcipalities, was fortned by the Plannfng System Review Team in April,
1999, to implement the exemption of LOPAs. The work(ng group formulated
the aitached reviseo procedures forArea Municipality Official Plane and
Amendments which incorporetes LOPA exemption, as they affect Regianal
aad area municipal roles in the process (Attachment 1).
' 1.4 The Minlstry of M�micipal Affairs and Housing, Urban Development institute,
Conservation Authorities wilhfn lhe Region, Regional Works Department and
Regfonal flealth Department were consulted in the preparation of the revfsed
procedures. Approp�fate changas have been made to incorporate lhe
comments recefved.
2. Steos to Imalement Exemation of LOPAs •
2.1 The steps needed to implement exempt(on of LOPAs include:
�. a request to the Miniatry of Municipel Affalrs and Housing for an
Exemption OMer, '
� e Regional by-lew toprovide fo(the exempUon of local oHicla) plan
"� f emendmenta from Reglonal approval; end, .
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ATTACHMENT i.J�TO ► Q _ G)(�
PLANNINO REPOIiT • � � ^ � /
Comm(ssioners Report No. 1999-P-88 Page 3
- ihe revised procedures which incorporate procedures for exemption of
LOPAs 9or use by both ihe area munlcipalfties and the Regian,
2.2 Minister's Exemption Order
The Planning Act allows the Minister of Municipal Affairs and Housing, by
order, to authorize the Region, to pass a bylaw to exempl local official plari
amendments from Regional approval. A request to the Ministry for the
appropdale Exemption Order is required. Provincial staff do not anticipate
any problem (ssuing the Minister's Order, In keeping with the intended
January 1, 2000 date for implementation, since consultations with the Ministry
staff occurred throughout the preparation af the pracedures for exempllon.
2.3 Regionai Exemption By-law
Upon receipt and aulhorization of the Minlster's Exemption Order, the
Regional Solicitor will bdng forward a By-law for adoption. The By-law will
address condilions imposed by Council for exempting certain Local O�icial
Plan Amendments from Regional approval including guidelines for
doterm�ning which appifcations are exempt, an adm(nistraUve procedure
regarding existing files and, colleclion of fees by the area mun(cfpalities on
behalf of lhe Region.
2.4 Revised Procedure for Local Of�Gal Plan Amendments
The revised procedures, whfch incorpo�ate exemption of local officfai plan
amendments, descdbe the Regional and area municipal roles (n spproval of
LOPAs. It replaces the current Regional procedures far LOPA approval.
There aro essenNally three functions lhe Regfon performs during this
process:
, a) upon recelpt of LOPAs from the ar;,a municipalitles, the Region
reviewa, consults with fntemal depertments and other publ(c bodies,
and comments to the area municipalities on applicapona wilhln 30
deys of recelpt. LOPA applicatlons which fneet the c�iteria ln the
`� - ' exempUon bydaw wll� be exompt from Reglonal approval;
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AITACHMENTM— lI —TO
PWININO PEPORT I�9
Comm(ssioner's Repart No. 1999•1'-88 Page 4
b) the Regfon will monitor exempt LOPAs adopted by the area
municipality to determine if changes have been made that may
impact Regionai (nlerests and therefore waRant appeais by the
Regfon; and
c) the Region will continue to process those adopted amendrnents
which have been detertnined to be not exempt . The current
approval process for an adopted amendment will be followed.
3. AdminislraUve Mafters
3.1 The area municipality curten;ly collects a$500 LOPA approval fee on behalf
oi lhe Reg(on. This revlsed procedure will change the collection of ihis fee by
the area mun(cfpality, to when the application fs received for the Regfon's
review and commenls. An amendment to the cuRent tariff fees will be
6rought forward to require lhe tee tor all privately initiated LOPA appl(cations
at the applfcatfon stage.
3.2 AI� applications currently (n process will continue wilh the curtent review and
approvai system. Operational procodures for the Region and the area
municlpalities will be prepared to correspond with the new exemplion
process. The Region will assist (n train(ng and provide advice ta the area
munfcipalities to put the new process fnto effect. Ongoing monitoring of lhe
redesfgned processes will occur.
4. Conclusion
It Is recommended that Regional Councfl proceed to (mplement the
exemptlon of LOPAs from Regfonal epproval by:
. requesting an Exemption Order from the Ministry of Munlcipal Affairs and
Housing;
. euthorizing the Regionai Sol(dtor to bring forward a Regional Exemption
By-law upon receipt of the ExempUon Order frorti the Mlnistry;
• endorsing the revised procedures in Akachment 1 wh�ch �ncorporetes
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exempAon of Local Official Plan Amendments from Regional approval;
and
• aulho�izing lhe Regional Sol(dtor to bring forward an amended By-law
prescrib(ng a tariff of fees.
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A.L. Georgief(' M ., R.P.P.
Comm(ssioner of la ning
Attachment 1. Procedures for Area Municfpal Offlcial Plans and Amendments
RECOMMENDED FOR PRESENTATION TO COMMITTEE �
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G.H. , M.S.W., C,A.O.
Ihazlwpll-2lapendasH A99H 1-09�A9Uopaexempldoc
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ATTACHMENTI. }I— TO"�p� pq
PI,ANNIN(i REPOFiT I�L_i�. � 1
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Attachment 1
PROCEDURE
AREA MUNICIPAL OFFICIAL PLANS
AND
AMENDMENTS'
TABLE OF CONTENTS
Page
INTRODUCTION AND DEFINtTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1,0 PRE-CONSULTATION AND RECEIPT OF APPUCATION . . . . . . . . . . . . . . . 4
1.1 Pre-Appiication Consultatlon . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . 4
1.2 Application Submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1,3 Appiication Circulation & Local Municipal iniqaled Amendments ....... 5
1.4 Preparation of Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2,0 EXEMPT AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . 6
.............. ...
2.1 Notice of Adoptton by Area Municipaliry . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.2 Review af Adopted Amendments by Regional Planning Commiss(oner . 7
2.3 Declarat(on by Area Munfcipality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2.4 Appeal ................................................... 8
3,0 OFFICIAL PLANS AND NON•EXEMPT AMENDMENTS . . . . . . . . . . . . . . . . . 8
3.1 Notice of Adoplion by Area Municipality . . . . . . . . . . . . . . . . . . . . . . . . . 8
3.2 Regional Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
, 3,3 Regional Consultalion . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B
' 3,4 Post-C(rculaUon hom Regional Municipality of Durham . . . . . . . . . . . . . A
3.5 NoQce of Decision by the Regional Munlcipality of Dufiam ,......... 9
A) Standard Amendments ................................. 9
� B) Officlal Plans and Complex Amendments . . . . . . . . . . . . . . . . . . 10
3.6 Declaration by Region . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
A) By Regional Planning Commissfoner . . . . . . . . . . . . . . . . . . . . . 11
I' B) By RegionalCouncil .................................. 11
3,7 Of�cial Plans and Non-Exempl Amendment Appeal . . . . . . . . . . . . . . . 11
' The procedures that pertalri to exemption oi local offic(al plan amendments
are highliphted. . `
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` PLANNINO REPOR7 M�9
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INTRODUCTION AND DEFINITIONS '
The Planning Act assigns 1he Reglonal Munlcipalfry of Durham the approval authority
for area municipal ofticial plans and area municipal official plan amendments. The
following procedure establishes how Reglonal Councfl will exercise this author(ry. It
applie:, to:
� official plans and area municipal-Initiated amendments adopted by Area Municipal
' Counciis on or after January 1, 2000; and
• appl(cant•initlated amendment applicaQons recelved by area municipalfties on or
after January 1, 2000.
in thfs document:
a) "Amendment Appilcation" means a request by any person or public body, other
than an area municipal council, to in!!late an amendment to an areo munlcipal
offlclal plan; '
b) "Area Municipal•Initlated AmendmenP means an amendment to an area
municlpal officinl plan Initfated by an area municipalily;
c) "Area MuNcipal Cierk" means the Clerk for lhe Area MuNcipality;
d) "Reglonal Clerk" means the Clerk for the Regional Munlcipality of Durham;
e) "Replonai Planning Committee" means the Planning Cammittee for the Ragional
Municlpalfty ot Durham;
�"Compiex" means all area municfpal official plans and any of�cial plan amendment
that is not considered standard In accordance with lhese proccdures;
g) "Standard" means a non-exempt area munfcipal of�cial plan amendment which, fn
lhe opinion of the Regional Planning Commissloner.
i) has r9gard for the Provindal Pol(cy Statement;
ii) conforms wilh the Durham Regional Official Plan;
ili) the recommendation of the Commissioner is In accordance with the
rocommendation of the Council of the area munfcipaiity; and
� iv) the Commissioner determ(nes a review by Council ia not warranted.
h) "Reginnal Co�mcil" means the Council of the Regional Municipality of Durhem;
I) 'Area Municlpal Councll" means the Council ot the Area Municipaiity;
J) "Delegated Provinciai Plan Review RasponalblUtles" means the Provindel
. intereata In Plan Revlew delegate� to the Reglonel Munlcipality of Du�ham by the
�. ;_. Memorandum of Underatanding between the Provirce ot Ontario and the Reglonal
Municipality of Dufiam, deted April 17,1998; `'
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PLANNINO HEPORT N��.a�.9 •
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k) "Exempt Amendment Applicatlons" means all Amendment Applications which
are localiy signfflcant and do not fall Into thg categories ident(8ed in I) below,
which are categories exhiblting matters of Reglonal andlor Provincial intorest.
I) 'NomExempt Amendment Apptications" means loca� Amendment Applications
which oxhibit one or more Regionai andlor Provincial Interests as outlined below,
s',
� - are notconformity wilh the Regionat Official Pian or have a concurrent
, Regional Official Plan Amendment;
- impact substanqally an Regional servicing and road infrastructure;
- change substantially Regianal capital forecasts;
- Impact substantially Regionai traffic Oows;
- involve maJor secondary plans;
- propose large retall facilfUes with a Reglonal draw;
- Involve signiflcant environmental issues;
- are located in or impacl on the Oak Ridges Moraine;
- are in proximity to major mfneral aggregate resources;
- are in proximity to or including contaminated sites;
- are in proximiry to sewage treatment plants and Iandfill sites;
- have maJor cross boundary impacts; and
- propose non-fartn development U lhe rural area.
m) "OHicial Plan" means an ofliclal plan prepared ;or an area mun(cipaiity fn
accordance with the Plannfng Act;
n) ."Regional Planning Department" means the Plannfng Department for the
Regional Munic(paiity oi Durham;
o) "Area Municipal Planning Department" means the Planning Department for the
Area Municipalily; and
p) "Record" means a R�scord as doflned in lhe Planning AFt
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1.0 PRE-CONSULTATION AND RECEIPT OF APPUCATION
1.1 Pre-Applicatlon ConsultaUon
1.1.1 The applicanUowner or their author(zed agent are encouraged to discuss the
proposed Ofticfal P�an Amendment with the Area Municipalfty and the
Regional Mun(cipality of Durham prfor to subm(ssfon. The �lanning process
can be explained to the applfcant at th(s time,
1.1,2 The applicant submits prescribed fn(ormaGon and malerial as requlred by the
Planning Act, as well as, olher supplemontal background or supporting
InformaAon or material, as detertnined by the Area Munlclpaiity to understand
and evaluate the applfcat(on, In situetions where the Area Munic(palily has
not recelved the presafbed informatlon, the Councii may refuse to consider
the OPA and the Ume period for conslderallon of the appifcatfon referred to
In the Planning Act, does not begin.
In the event other applications are needed (eg, Durham Regional Official
Plan Amendment, Zoning ByLaw Amendment, Plan of Subdivision, efc.) tha .,
appllcant may be required to submit other add(lional information wilh those
ap{�Iicetions,
1.2 Appitca�lon Submisslon
1,2,1 A compiete application generally InGudes the following information:
I) one origtnal copy of tha applicatlon form, with originai signatures;
il) a sufficlent number of photocoples of the orfginal application form,
in accordance with the area muntcipality's requirements;
iii) one photocopy of any related Regional Offic(al Plan Amendment
Applicatfon Form, if applicable;
Iv) one copy of the proposed oHicial plan amendment;
v) a sufffcient number of copiee uf any background andlor technical
documentat�on required as part of this application;
� vi) a sufficient number oi copies of a survey or plan for the sub)ect lands,
tolded to a size suiteble for mailing, showing ` the locetion of lhe
' ,; property, existing site features, edjacent lend uses and site features,
deteils of the proposed land use(s) and ihe extent of the appiicanYs
lend holdings;
vil) one photateduced copy ot the survey or plan (B'�" x 11" or 8K" x 14");
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viii) the survey or plan (dig(tal format is optional) in accordance with lhe
Area Municipal(ty's standards;
ix) the applicable appiicatlon and processfng fees, by cheque, cash
or money order.
Note: The bolded areas are prescribed informatfon as required by the
Planning Act andfor regulaUons.
1.2,2 The Area Munic(paliry receives the appifcation and reviews it for
"completeness',
For applications deemed "incomplete', the Area Municfpality advises the
applicant a(ter receipt of the mate�lal,
For applications deemed 'complete', the applicant is advised of the
appiicatton file number, and receipl of payment.
1.3 Application Circulation & Local Manicipal initlated Amendments
1.3.1 The Area Municipality circulates the amendment appiication and related
documents to those Intemal departments and entemal agenctes whlch
the Area Municipaiity deems approprtate. The Area Municipality
forwards to the Regional Planning Department the Amendrnent
Appllcation and all related material as may be required by the Regional
Municipality of Durham.
1.3.2 The Area Municipality shail coliect and submit to the Region, wlth each
amendment appllcatton, Regional Processing Fee(s) established under
Section 69 of the Planning Act and In accordance with the Regional Fee
by-law.
1.3.3 The Reglonal Planning Dopartment opens a flle for each proposed
amendment applicatlan using the area municipal flle number tor
Identiflcation.
1.3.4 The Reglonal Planning Department clrculatea each proposed
amendment applicatlon to the approprlate Reglonal Depa�lmants for
revlew and comments and to other publlc bailea as deemed necessary.
1.3.5 The Replonal Planninp Department edvieee the Area Municfpality in
- w�iting within 30 dmys of receipt of the circulaUon ot the application
whether the appllcation Is or la not exempt, ueing the crlterla outllned
In tha de8nidon. The Raglon wlll make the decis�on on the exemptlon
of a LOPA applicatlon and will comu►t wilh the Area Municlpality and
; •,; . . the aapilc�nt.
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1.3,8 In addition, ihe Regional Planning Department advises the Area Municipality
in writing, following receipt of notice of OPA applicaUon of the poslQon oF the
Regional Municipality of Durham regarding:
a) Durham Reg(onal Oftidal Plan Coniormiry;
b) The Provindal Policy Statemen; and Policies in accordance with
Durham's Memorandum of Understandfng wlth ihe Province; and
c) Any required changes and/or modifications to bring the OPA into
compllance with Regional Municipality of Durham requirements.
� 1.3.7 The Area Munfcipality conducts a pub�ic meeting for the applical(on fn
accordance with the provisions of the Planning Act and regulations, The
optfon for joint public meetings may be a possibiHty in some cases.
However, as also set out in the Planning Ac:l, the requ(rement to hold a public
meeting Is waived if the Ar9a Munlcipal Council refuses to adopt an OPA
requested by a person or other public body.
�. 1.3,8 Once in recelpt of all comments from the cfrculaUon, lhe Area Municipalfty
preo�res a planning report for the Area Municipal Council lo consider the
OPA.
1.4 Preparation of Amendment
1.4.1 PAor to the adnption of an amendment with substantive revlsfons to the
original amendment document revlewed by the Reglonal Municipality
of Durham under 1.3.4, the Area Munlcipality discusses the revised
amendment wilh the Regtonal Planning Department to conflrm
exemptlon status. The Reglonal Planning Department caii request
circulation of the revised amendment to the Regionai Municlpality of
Durham to review exemptlon status.
2A EXEMPTAMENDMENTS
2.1 Notico of Adoptlon by Area Municipality
2.1.1 , The Area Municipa� Council may make one of the follow�ng declslons
regarding an Exempt amendment, ,
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2.1.2 The Area Municipaiity gives written Notice of Adoptton of the
amendment, as ruqulred by the Planning Act. The 20-day time period
!or submisslon of notices of appeal to the OMB by any person or public
body commences on the day that Notice of Adoption Is completed.
2.2 Revlew of Adopted Amendments by Regional Planning Commissioner
2.2.1 The Reglonal Plannirg Commissloner �n deciding whether to appeal,
wlii calso consult with Intemal departments, if necessary, and check to
ensure:
a) the adopted Amendment was processed in accordance with the
Planning Act and the regulations;
b) that the Notice of Adoption contalns a statement advising that the
adopted Amendment Is exemp!;
c) that the adopted Amendment was dlscussed with the Regional
Planning Commissloner p�ior to adoptlon, it the Amendment was
substantially changed after the Public Meeting;
- d) that the adopted Amendment is consistent with the proposed
amendment upon which the exemption was based. If the adopted
Amendment is not consistentwith the proposed amendment upon
which the exemption was based, the Regional Planning
Commissioner may lodge an appeal of the Amendment;
2.3 Deciaration by Area Munictpality
2.3.1 If the Area Munlcipality does not receive a nodce of appeal of the Notice
of Adoption withln the 20-day time period, the Area Municipal Council's
decision bocomes flnal and comes Into torce on the day after the last
day for submitting notices of appeal as specifled In the notice.
2.3.2 The Clerk, or designate oi the Area Municipality provldes a swom
declaration that Notice of Adoptlon was given and a noNce of appeal
was not received wlthin the 20�day time period specifled for submitting
notices of appeal. The Area Munlclpal Clerk wlll cerllty the approved
document, retain the origlnal for municipal records and dist�ibute
coples of the Adopted amendment and aworn decleration as follows:
a) one certiiled copy to the Repional Clerk; and,
b) capies .to the applicant and publlc bodlea who requested
notiilcatio�.
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2.4 Appeal
2.4.1 If the Area Municipalfty receives a noHce of appeal of the Area
Muntcipal Council's decfslon within the 20-day time perlod (the Area
Municfpal Clerk wlll conflrm that the notfce of appeal is in the form
required by the Planning Act, and will prepare the Record, as reauired
by the Ptanning Act), the Area Municipal Clerk, within 15 days after the
notice of appeal is recelved, shall forward the Record to the OR�B and
the Regional Munlclpality of Durham.
2.4.2 In the event that the OMB dismisses the appeal or the appeal is
withdrawn, the proposed amendment shall continue to be processed
or the Notice of Adoption shall be prepared, whichever the case may
be, upon recelpt of notice from the Board.
3.0 OFFICIAL PLANS AND NON•EkEMPT AMENDMENTS
3.1 Notice oi Adoptlon by Area Municipality
3.1,1 For adopted Amendments determined non-exempt, a Record Is forwarded
by the Area Municipality lo the Reglonal Planning Commissloner within 15
days of the adopUon by the Area Mun(cipal Council.
3.2 Regional Rece(pt
' 3,2.1 The Reglonal Plann(ng Department receives written notice for adopted
Officlal Plans and amendments from area municfpa�iQes, as requfred by the
Plannfng Act.
3.2.2 The Regional Planning Deparlment checks to ensure the submission
includes the complete Record required by lhe Plannfng Act and the
appropriate fee(s). The Roglonal Plann(ng Commfssianer may refuse to
accept any Record that is fncomplete.
3.3 Reglonal Consultation
3.3.1 Generally, the Regional Planning Department accepts the circuletion and in
some instances d6tennines that consultatlon with other public bodles is
necessary:
a) the adoptod Of�cial Plan or amendment wfll qe dreulated with a request
for comments wllhin 30 days; and
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b) followine lhe circulatlon pe�lod, copies oi the circuladon Iist, a summary
��� " ur copies of the commenls received and any eubmisslons trom lhe
publ!c wlll be forwarded to lhe Area Munlcipality.
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3.4 Post-Circulation from Regional Municfpalfty of Dufiam
3.4.1 The Regional Planning Commiscloner, upon recelpt of comments from the
pubiic bodies consuited, will identify any proposed modiftcatfons andlor
deferrais.
3.4.2 Where no modiEcations and/or deferrals are proposed, the Regional
Planning Commissioner may determine thal an adopted amendment is
Standard,
3.4.3 Where modi0calfons and/or deferrals are proposed, the Regional Planning
Commissioner will send a pos4circulation letter lo lhe Area Municipal Clerk
oullining lhe proposed modfflcation and ralionale for changes requesting a
response. A copy of the lefler will be sent to the applicant, if applicable, and
the aBected public bodies.
3.4.4 The Reglonal Planning Commissioner will receive the Area Municipal
Cauncil's response to the proposed modiBcations and/er deferrals conlained
in the post-clrculaGon letter. For minor technical and housekeeping changes,
a respanse irom Area Mun(cipal sta(( may be received.
3.4.5 The Regional Plannfng Commissioner, upon review of comments and the
response from the Area Municipality, wili detertnine the Amendment to be
� Standard ar Complex. All Offidal Plans are deemed to be Complex.
3.5 Notice of Decision by the Reglonai Munlclpailty of Durham
A) Standard Amendments
3.5.1 The Rsgional Plann(ng Commissioner may make one of the following
decisions:
a) approve as adopted by the Area Munlcipai CaunGl;
b) approve with modiflcations supported by the Area Munidpal Coundl; or
c) partially approve with de(errals and/or modificaGons supported by the
Area MunfGpal Council,
(Note: should the Regional Planning Commis�loner recommend denlal of a
standard amendment, proceed to Section 3,5.5.)
; 3.5.2 `. The Regional F'lanning Commfs�ioner shaU 81ve wrilten noUce oi the dedsion
1�, tor an approved amendment, ae required by the Planning Act. The 20-day
, tlme pedod for submlasion ot noGces of a�peal to the OMB by eny �?erson or
publicbody commences on the last day that noQce is given.
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3.5,3 If the Regional Planning Commissioner does not receive a notice of appeal
6f a decision wilhin the 20-day time period, the Regional PlannfnQ
Commissloners decislon becomes flnal and comes Into force on the day
afler the last day for submifling notices of appeal as specified in the notice.
3.5.4 If the Regional Planning Commissioner rece(ves a notfce of appeal of the
Reg(onal Planning Commissioner's decision within lhe 20-day time period,
the Reglonal Clerk shall forward w(thin 15 days lhe necessary Record to the
OMB.
B) Official Pians and Complex Amendments
3.5.5 The Reglonal Planning Commissioner will prepare a report to Regional
Plannfng Committee and Regfonal Council recommending a decis(on
regarding an Official Plan or a Complex Amendment.
3.5.6 The Reglonal Planning Department will gfve not(ce of the date, lime and
location of consideration of the Regional Plannfng Commissionar's report by
Regional Planning Committee and Reg(onal Counci�.
3.5.7 Regional Plannfng Committee wili consider the Regional Plann(ng
Commissioner's report and recommend a decislon to CaunGl.
, 3.5,8 Regfonal Coundl considers Regional Planning Comm(ttee's recommendaUon
and make one af the following decisians:
a) approve as adopted by the area mun(cipal council;
b) approve with modifications;
c) partially approve with deferrals and/or modfficatlons; or
d) refuse or deny, In whole or fn part Official P�ans and complex
amendments.
3.5.9 The Reglonai Clerk will give written notice of Regional Council's decis(on.
The 20-day t(me period within which a nott� of appeal may be subm(tted by
an erson o ubli d
y p r p c bo y commences on lhe last day that notice is g(ven.
3.5.10 If thri Regional Clerk does not rece(ve a notice of appeal withfn the 20-day
: time pedod, Regional CounGl's dedsfon becomes flnal and comes into force
on the day after the lasl day for submifling notices of appeal as spaGfled fn
the notice.
` 3.5.11 If the Regional Clerk recelves a noNce of appeal of Reglonal Coundl's
decision wllhin the 20•day time perlod, the Reglonel Clerk shall forwarc! the
,' � necessary Record to the OMB.
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3.6 Declaration by Region
A) By Regional Pianning Commissloner (Standard)
3,6.1 The Regional Planning Cammissioner will sign an approval page for
standard amendments that do not require review by Regfonal Coundl,
3.6.2 The Reglonal Planning Commissioner will provide a swom declaration lhat
notice of the declsion was given and an appeal was not recoived within the
20-day t(me period specified tor submitting such appeals.
3.6.3 The Regional Planninp Commissioner's approval page and the orig(nal and
two copies of the approved amendment w(II ba sent to the Area Munlclpal
Clerk wllh a request ro certify the approved document and dlstribute coples
as follows:
a) one certified copy ta the Reglonal Clerk;
b) one certified copy to MMAH; and
c) copies to the applicant, if applicabie, and any public bodies who
requested notiflcation.
B) By Regional Councll (OHicial Plans and Complex Amendments)
3.6.4 The Regional Chairwill sign an approval page to (ndicafe Council's approval
of Of�clal Plans and Complex Amendments.
3.6.5 The Regional Clerk will provide a swom declaration that notice of the
decision was given and fhat the Regional Clerk did not receive any notices
of appeal within the 20-day t(me perlod speci8ed for submitt(ng not(ces of
appeal.
3,8.6 The Regional Clerk wili forward the approval page and the original and rivo
copies of the approved Official Plan or amendment to the Area Municipal
Clerk with a request lo cerlify tha approved document and distribute coples
as follows;
a) one certifled copy to the Reglonal Clerk;
b) one certified copy to MMAH; and
c) copies to the applicant, if applicable, and any public bodles who
requested notiflcation,
3.7 Offlcial Plans and Non•Exempt Amendment Appeal
3.7.1. Where the Regional Munlcipalfly of Durham does not make a dedsion wilhin
90 days of rece�pt oi an adopted amendmenl the person or public body who
requested the adopted amendment mey appeal to the OMB by 811ng a notice
of appeal with the Regional Clerk. U eddiGon, any pereon or public body
may appeal a declslon of lhe Reglonal Plenning Commissloner or Reglonal
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Council, as the case may be, to the OMB by fiflng a not(ce of appeal with the
: Regional Clerk within 20 days of the giving o( w�itten notice of dec(sion.
3.7.2 The Regional Plannfng Department confirma lhal the notice of appeal is in
the form required by lhe Planning Act, and will prepare and forward the
Record, as required by the Planning Act, to lhe Reglanal Clerk.
3.7,3
3.7.4
The Regional Clerk forwards, within 15 days after the notice of appeal is
received, the Record to the OMB and farwards a copy to the MMAH,
In the event that lhe OMB dismisses the appeals, or the appeals are
wilhdrawn, the amendment Is finai and binding. The admin(straiive
processfng of lhe adopted amendment resumes upon receipt of notice from
the Board.
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