HomeMy WebLinkAboutPD-79-83 60 . r . FY'a�`�
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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1,10 TEL.(416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF JUNE 6, 1983
REPORT NO. : PD-79-83
SUBJECT: BILL 159: AN ACT TO REVISE THE PLANNING ACT,
AND BILL 194: AN ACT TO AMEND CERTAIN ACTS IN
RESPECT OF PLANNING AND RELATED MATTERS
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RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following:
1 . That Report PD-79-83 be received; and
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2. That the attached by-laws, Attachments 1
through 2, be approved; and
* 3. That the attached revised Work Program for the
Planning Department, Attachment 3, be
approved.
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Report No: PD-79-83 .. ./2
BACKGROUND:
On January 27th, 1983, Bill 159, being an Act to revise the
Planning Act, and Bill 194, being an Act to amend certain
Acts in respect of planning and related matters, both
received Royal Assent. These Acts, however, will not be
proclaimed by the Lieutenant Governor until August 1st of
this year. The passage of these Bills represents the
culmination of an extensive review of the existing Planning
Act, which was commenced in 1975, and which has been the
subject of previous staff reports.
The purpose of this Report is to familiarize Council with
the changes to Provincial Planning legislation , and to
initiate those actions necessary to implementing these
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changes within the Municipality. Copies of the subject
* Bills are attached for the Committee's information, as is a
copy of a Provincial brochure outlining the legislative
changes. However, for the benefit of the Committee, the
following represents a brief summary of the major changes
contained in the revised Planning Act.
Provincial Administration
One of the most significant changes to the Planning Act is
the identification, under Section 2, of matters of
Provincial interest, which include among other things, the
protection of the natural environment, including the
agricultural resource base and the management of natural
resources, the protection of significant natural
architectural , historical or archeological features, the
supply, efficient use and conservation of energy, provision
of major communication, servicing and transportation
facilities, and the equitable distribution of educational ,
health and other social facilities.
Report No: PD-79-83 .. ./3
Under the terms of the new Act, provision is made for the
issuance by the Minister, together with any other Provincial
Minister, of policy statements approved by the Lieutenant
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Governor in Council in respect of matters of Provincial
interest (Section 3 of the new Act) .
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Another significant change related to Provincial
Administration is in respect of the delegation of Provincial
powers to a Municipality, subject to certain conditions. In
that regard, in order for a Municipality to receive such a
delegation, they must have permanent professional planning
staff, satisfactory administrative procedures, an official
plan and adequate financial resources to carry out the
responsibilities. The importance of this revision to the
Town of Newcastle would be the possible delegation of
official plan approval authority to the Regional
Municipality of Durham which, in itself, has the potential
for shortening the process involved in the preparation and
approval of official plans.
A further significant revision is provided by Section 6,
subsection 2, which requires any Ministry to consult with
and have regard for established local planning policies
prior to carrying out or authorizing any undertaking that
will directly affect a municipality.
Local Planning Administration
As a result of the revisions , the council of any given
municipality is directly responsible for planning
responsibilities. Planning boards will no longer exist,
however council may appoint a planning advisory committee
composed of such persons as the council may determine.
Report No: PD-79-83 . . ./4
In this regard, it will be necessary for Council to pass a
by-law deeming the General Purpose and Administration
Committee as the Town 's Planning Advisory Committee,
pursuant to the provisions of -the Planning Act, 1983 (see
attachment number 1 ) .
The new legislation would also provide for agreements
between local and regional municipalities for the assumption
of certain planning responsibilities and the provision of
advice and assistance in respect of planning matters
generally.
Official Plans
Under the provisions of the new Planning Act, a municipal
council may prepare an official plan, although this is not a
mandatory requirement. However, as a result of further
changes to the Planning Act, an official plan is required to
give effect to many existing municipal policies such as site
plan control and road widenings. Official plans are
intended to guide the physical development of a
municipality, but may also contain a description of the
measure and procedures proposed to implement the objectives
of the plan and the measures and procedures for informing
and securing the views of the public in respect of
amendments or revisions to official plans or proposed zoning
by-laws. In that regard, prior to adopting an official
plan, or an amendment thereto, Council must ensure that
adequate information is made available to the public and
shall hold at least one public meeting, the notice of which
shall be given in a manner and to persons prescribed. Such
public meeting cannot be held sooner than thirty (30) days
after the giving of notice, and must be open to the public
and provide any person who attends an opportunity to make
representation in respect of the plan or amendment thereto.
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Report No: PD-79-83 .. ./5
It is important to note however, that if an official plan
contains provisions describing the measures for informing
and securing public input, the above-mentioned requirements
would not apply, provided the measures contained in the
official plan are complied with. This would therefore allow
the municipality to establish through the official plan,
a policy in respect of public notification, which may have
more relevance to circumstances within the Town.
With respect to official plans, where the Minister of
Municipal Affairs and Housing is of the opinion that a
matter of Provincial interest as set out in policy
statements prepared pursuant to Section 3 of the Planning
Act is, or is likely to be, adversely affected by an
official plan, the Minister may request the Council to adopt
such amendment as specified and where Council refuses the
request, or fails to adopt the amendment within a prescribed
time, the Minister may make the amendment.
The revised Planning Act also prescribed a time period for
bringing local official plans and zoning by-laws into
conformity with the Regional Official Plan within one year
of the approval of the Regional Plan. This revision is
significant and therefore necessitates a revision to the
Town's Work Program to ensure that a District Plan for the
Town of Newcastle and the Comprehensive Zoning By-law are
completed and approved by Council within the next year. In
fact, on May 3rd, 1983, the Regional Planning Committee
adopted a recommendation of the Regional Planning Department
which would request each area municipal council to prepare a
local official plan and forward such plans to the Region for
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approval .
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Report No: PD-79-83 .. ./6
Land Use Controls and Related Administration
The present system of land use controls through zoning is
retained in the new Planning Act, but has been expanded to
provide municipalities with additional zoning controls by
means of different types of by-laws. This would include
density transfers, interim control by-laws, temporary use
by-laws and holding by-laws.
Another significant addition to the provisions of the Act is
in respect of agreements exempting property owners or
tenants from parking requirements to the extent specified in
the agreement, and shall provide for payments to the
municipality in consideration of such exemption, which must
be deposited into a special account, which shall be applied
for the same purposes as the reserve fund established under
paragraph 55, Section 208 of the Municipal Act.
A significant change is also provided with respect to site
plan control , which requires the inclusion in an official
plan of the delineation or description of areas subject to
site plan controls. This was previously done by means of a
by-law designating a municipality as a site plan control
area and was alluded to earlier in this report. It is
therefore important that the Town immediately initiate
preparation of a district plan in respect of those areas not
presently covered by approved official plans.
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Directly related to land use controls through zoning by-laws
is the matter of the Committee of Adjustment, which may now
be composed of such persons, not fewer than three, as
council considers advisable, and shall hold office for the
term of the council that appointed them, unless said members
are members of the municipal council , who shall then be
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Report No: PD-79-83 . . ./7
appointed annually. It is noteworthy that membership is
completely at council 's discretion and may include council
members and municipal employees, who were previously
excluded from membership. The Committee of Adjustment may
grant minor variances to zoning by-laws and interim control
by-laws, alternatively, council may also, by by-law, empower
the Committee to grant minor variances to any other by-law
that implements an official plan, or to any other specified
by-laws implementing an official plan and which Council is
of the opinion may require minor variances. This is
significant in that the Town could now, within an official
plan, establish policies in respect of signs within the
Municipality, and by by-law authorize the Committee of
Adjustment to grant variances to any by-law which implements
those policies. The value of this goes without saying,
given the history of the Town 's own Sign By-law.
With respect to the Committee of Adjustment, pursuant to
Section 43 of the new Planning Act, a certified copy of a
by-law constituting and appointing a local committee of
adjustment must be forwarded to the Minister within thirty
(30) days of its passing. Discussions with Ministry staff
indicate that it would be appropriate for Council to pass a
new by-law appointing the Committee of Adjustment, thus
clearly indicating tha the new options have been considered
and dealt with. A copy of a possible by-law is attached,
and if and when approved, should be forwarded forthwith to
the Ministry.
Subdivision of Land
Under the revised Planning Act, the authority to grant land
severances is assigned directly to the councils of regions,
counties, cities outside regions and separated towns.
However, a regional council may delegate to the council of
an area municipality this authority, subject to the approval
of the Minster of Housing, or to a committee of regional
council or to an appointed officer, or to a land division
committee.
Report No: PD-79-83 .. ./8
On May 11 , 1983, Regional Council adopted the recommendation
of the Regional Planning Department and by by-law
constituted and appointed a Land Division Committee for the
Regional Municipality of Durham.
Two other changes with respect to subdivision control relate
to the addition of energy considerations in the review of
draft plans of subdivision and a limitation of two percent
(2%) of land or cash-in-lieu for parkland purposes in
respect of industrial plans of subdivision.
General
Under the provisions of the new Act, there is no longer a
right to file a petition to Cabinet in respect of any order
or decision of the Ontario Municipal Board, and the decision
of the Board will be final unless the Minister is of the
opinion that a matter of Provincial concern is or is likely
to be adversely affected, in which case he may advise the
Board and the decision of the Board will not be final and
binding unless the Lieutenant Governor in Council has
confirmed the decision.
The new Act also speaks to planning application fees, which
must be prescribed by by-law and which may be appealed to
the Ontario Municipal Board if considered unreasonable and
are paid under protest. In that regard, staff will , prior
to August 1 , bring forward a further report in respect of
fees for such applications. In addition, penalties which
may be imposed for the violation of municipal by-laws have
been substantially increased, and are now applicable to site
plan control by-laws. In that regard, upon conviction ,
persons are liable to fines of not more than $20,000 on a
first conviction and $10,000 for each day of a subsequent
conviction. Corporations are, likewise, liable to fines not
more than $50,000 on a first conviction and $25,000 per day
on subsequent convictions.
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Report No: PD-79-83 .. ./9
This would therefore give the Municipality considerably more
"clout" in enforcing zoning by-laws and site plan control
regulations, as well as providing a greater incentive for
compliance and respect for the by-laws of the Municipality.
Based on the foregoing, staff are recommending the passing
of the attached by-laws, which would give effect to the
various provisions of the new Planning Act, as well as the
attached revised Work Program which redefines departmental
activities in view of the new legislation, as well as other
changes in priority arising since the beginning of the
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year.
Res c 1 ubmitted,
T. T. Edwards, M.C.I.P.
Director of Planning
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May 12, 19
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1983 PLANNING AND DEVELOPMENT DEPARTMENT WORK PROGRAM
LONG RANGE PLANNER JAN. FEB. MARCH APRIL MAY JUNE JULY AUG. SEPT. OCT. NOV. DEC
GENERAL PURPOSE AND ADMINISTRATION 3 17 7 21 7 21 5 18 2 16 6 20 4 18 2 15 6 19 3 17 7 21 5
COMMITTEE MEETING
3
COURTICE REVIEW (GO TRANSIT) 11111111111111 IIIIIIII 11111/18 111111111111 * z
Including Neighbourhood Plan for
Courtice Central Area
PART I DISTRICT PLAN 11111111111111111111111111111111111111111
AMLET PLANS - HAMPTON, ORONO, 11111111 111/1111/ 1111111/1 Illlllflll 111111 111111 1111111 1111111 1/11111/
MITCHELL'S CORNERS AND NEWTONVILLE
MAIN 'CENTRAL AREA DEVELOPMENT PLANS /////1// ///81//1 ///////// 81111111 1111111 111111 111111 1111111 8118111D
BOWMANVILLE
COMPREHENSIVE RESTRICTED 1111111H 11111111111111111111111111111 1111118111811 1181111111111 1111111 1111111 11111111 IIHII,
AREA BY-LAW
HAMLET PLANS - KIRBY, ENFIELD,
KENDAL AND LESKARD
ONGOING
OFFICIAL PLAN APPLICATIONS
ELDORADO MONITORING COMMISSION 1111/111 /11118811 111181111 Illlfllll 1111111 1111111 1111111 1818111 1111111111111111 1111111 111118
REVIEW OF CONSERVATION MASTER PLANS IIIIIIIII 1111118 HIHII 1111111111111111 IIIHIIII 1111111111111111111111
DATA COLLECTION 1111//11 11111181 11//1111 1/111111 1111111 1111111 111111 11111 111/111 1111/111 1118111 111111E
REVIEW OF PLANS/COMMENTS
LEGEND
Primary Activity
Secondary Activity 111111111811181
* indicates revision
1983 PLANNING AND DEVELOPMENT DEPARTMENT WORK PROGRAM
CURRENT OPERATIONS JAN. FEB. MARCH APRIL MAY JUNE JULY AUG. SEPT. OCT. NOV. DEC
GENERAL PURPOSE AND ADMINISTRATION 3 17 7 21 7 21 5 18 2 16 6 20 4 18 2 15 6 19 3 17 7 21 5
COMMITTEE MEETING
COURTICE SUBDIVISION 1!!!111 Ililtll tltjtl 11111tt1 ltttlti II1jt1
NEIGHBOURHOODS 1 , 2, 3(a) & 3(b)
SUBDIVISION PLANS -
BOWMANVILLE URBAN AREA 1111111 11111111 ltttttl111 tllltlll 1!!1111 tillll
NEWCASTLE VILLAGE URBAN AREA
HAMLET SUBDIVISION
COMPREHENSIVE ZONING BY-LAW including
review of energy conservation provisions
SIGN BY-LAW 11!11! 111!1 !0111111 Itttltlt !!1111 !11!11! tlitll tttltllt ilttjttt !1111!1! tltlttl titltl
B.I.A. MAIN STREET REVITALIZATION 1111111 0111111! !1111111! !!11!!11 1!111! 1!111!1 11111 111111 01111!! Ittt011 111!!!1 !!1111
PROGRAMS
ONGOING
PRIORITIES
1 . DEVELOPMENT APPLICATION
INDUSTRIAL/COMMERCIAL
2. DEVELOPMENT APPLICATIONS
RESIDENTIAL (by date of submission
or as shown above)
3. COMMENTS TO LAND DIVISION COMMITTEE OEM
4. COMMENTS TO COMMITTEE OF ADJUSTMENT
5. REVIEW OF SUBMISSIONS/COMMENTS
LEGEND
Primary Activity
Secondary Activity 1t1t1tt111t11�
* indicates revision I
1983 PLANNING AND DEVELOPMENT DEPARTMENT WORK PROGRAM
BUILDING/ADMINISTRATION JAN. FEB. MARCH APRIL MAY JUNE JULY AUG. SEPT. OCT. NOV. DEC
BUILDING 3 17 7 21 7 21 5 18 2 16 6 20 4 18 2 15 6 19 3 17 7 21 5
ONGOING -
1 . SIGN BY-LAW ADVERTISING/ENFORCEMENT
2. BUILDING & PLUMBING/PERMITS/
INSPECTION/PROCESSING
3. COMMENTS ON DEVELOPMENT APPLICATION
PROVISION OF TECHNICAL ASSISTANCE
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5. PROPERTY STANDARDS
ADMINISTRATION
? . REVIEW OF DEPARTMENT'S ACTIVITIES
2. VARIOUS ADMINISTRATIVE MATTERS
3. REVIEW OF DEPARTMENT PROCEDURES 111((11 1111((1( 111((1(1((( ((11()(1 111111 (111(11 111(111 1(III IHIIIIIIHIHII (11(111 ttlt(1t
AND POLICIES
4. ATTENDANCE AT COMMITTEE, COUNCIL Ilttlttl((tlt 1(t((t((11 111((1(11 111111 1111111 1((11(1 1111111 1(11(111 111111111 111111 1(11(11
O.M.B., etc.
5. REVIEW OF TOWN STANDARDS AND 11111111 111111H 1111111,
SERVICING OPTIONS
LEGEND
Primary Activity
Secondary Activity 11(11111111111111'
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*indicates revision
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 83- 82
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being a By-law to amend By-law Number 78-53, as amended,
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WHEREAS Section 8 of the Planning Act, 1983 provides that the Council
ri of the Municipality may appoint a Planning Advisory Committee
composed of such persons as the Council may determine;
AND WHEREAS By-law 78-53, as amended, is a by-law to govern the
proceedings of the Council of the Town of Newcastle, any of its
committees, the conduct of its members and the calling of meetings;
AND WHEREAS for the purposes of the Planning Act, 1983 it is deemed
appropriate to further amend By-law 78-53;
NOW THEREFORE, the Council of the Corporation of the Town of
Newcastle, pursuant to Section 8 of the Planning Act, 1983, enacts as
follows:
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1 . Schedule "A", Subsection B.13. of By-law 78-53, as amended, is
hereby further amended by adding thereto the following sentence:
"For the purposes of the Planning Act, 1983, and pursuant to
Subsection 1 of Section 8 of said Act, the General Purpose and
Administration Committee shall be deemed to be a Planning
Advisory Committee for the Corporation of the Town of Newcastle."
2. This by-law shall come into force and take effect as of August
lst, 1983.
BY-LAW read a first time this 13th day of June 1983
BY-LAW read a second time this 13th day of June 1983
BY-LAW read a third time and finally passed this 13th day of
June 1983
MAYOR
CLERK
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ATTACIIMLNI 2
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? 1.111' CORPORATION 01' 1111. TOWN 01 NIWCASTLI
BY-LAW NUMBER 83- 83 l
being a By-law to constitute a Committee of Adjustment for the Town
of Newcastle pursuant to the Planning Act, 1983.
WHEREAS Section 43 of the Planning Act, 1983, provides that the
by-laws may be passed to constitute and appoint a Committee of
Adjustment for the Municipality composed of such persons, not fewer
j than three, as the Council considers advisable; ;
NOW THEREFORE, the Council of the Corporation of the Town of
Newcastle, pursuant to Section 43 of the Planning Act, 1983, enacts
as follows:
1 . That a Committee of Adjustment within the meaning of the Planning
Act, 1983, composed of six (6) persons is hereby constituted for the
Town of Newcastle.
2. That the members of the Committee of Adjustment shall hold office
for the term of the Council that appointed them.
3. That the members of the Committee of Adjustment shall hold office
until their successors are appointed, and shall be eligible for
re-appointment.
4. Where a member of the Committee ceases to be a member before the
expiration of his term, the Council of the Town of Newcastle shall
appoint another eligible person for the unexpired portion of the
term.
5. Three (3) members of the Committee of Adjustment shall constitute
a quorum.
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6. The members of the Committee of Adjustment shall elect one of
themselves as Chairperson, and when the Chairperson is absent through
illness or otherwise, the Committee may appoint another member to act
as Chairperson pro tempora.
7. The Committee shall appoint a Secretary-Treasurer who may be a
member of the Committee, and may engage such employees and consultants
as is considered expedient within the limits of the monies
appropriated for the purpose.
;I 8. The members of the Committee shall be paid such compensation as
the Council may provide from time to time.
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ii, 9. The Secretary-Treasurer shall keep on file minutes and records of
all applications and the decisions thereon, and of all other official
business of the Committee, and Section 78 of the Municipal Act
applies with the necessary modifications to such documents.
10. In addition to complying with the requirements of the Planning
Act, 1980, the Committee shall comply with such Rules of Procedure as
4 i are prescribed.
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11. The following persons are hereby appointed members of the
Committee of Adjustment of the Town of Newcaste:
Mr. T. F. Rehder, 5 Beech Avenue, Bowmanville, Ontario
Mr. H. C. Muir, R.R. # 6, Bowmanville, Ontario
Mrs. Jean Payne, R.R. # 3, Newcastle, Ontario
Mr. Arnold Reicheld, P.O. Box 433, Newcastle, Ontario
Mr. J. P. Murdoch, 243 Liberty Street North, Bowmanville, Ontario
Mr. Wesley J. Yellowlees, R.R. # 1 , Hampton, Ontario
12. The Committee of Adjustment, upon the application of the owner of
any land, building or structure affected by any by-law as passed
pursuant to Section 34 or 37 of the Planning Act, 1983, or a
predecessor of such Sections, or any person authorized in writing by
the owner, may, despite any other act, authorize such minor variance
from the provisions of the by-law in respect of the land, building or
structure or the use thereof as, in its opinion, is desirable for the
appropriate development or use of the land, building or structure,
provided that in the opinion of the Committee, the general intent and
purpose of the by-law and of the official plan, are maintained.
13. In addition to its powers under paragraph 12, the Committee, upon
any such application, where any land, building or structure on the
day the by-law was passed was lawfully used for a purpose prohibited
by the by-law, may permit:
a) the enlargement or extension of the building or structure,
provided that the use that was made of the building or structure
on the day the by-law was passed, or a use permitted under
sub-clause b) hereof continued until the date of the application
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to the Committee, but no permission may be given to enlarge or
extend the building or structure beyond the limits of the land
owned and used in connection therewith on the date the by-law was
passed; or
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b) the use of such land, building or structure for a purpose that, s
in the in the opinion of the Committee, is similar to the purpose
for which it was used on the date the by-law was passed, or is
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more compatible with the uses permitted by the by-law than the
purpose for which it was used on the date the by-law was passed,
or is more compatible with the uses permitted by the by-law than
the purpose for which it was used on the date the by-law was
passed, provided that the use for a purpose prohibited by the
by-law or another for a purpose previously permitted by the
.,, Committee continued until the date of the application to the
Committee, or
c) where the use of lands, buildings or structures permitted in the
by-law are defined in general terms, may permit the use of any
land, building or structure for any purpose that in the opinion
of the Conunittee conforms with the uses permitted in the by-law.
14. In addition to its powers under paragraph 12 and 13, a Committee
of Adjustment, upon approval of a district plan for the Town of
Newcastle incorporating policies in respect of the regulation of
signs and other advertising devices, shall also be empowered to grant
minor variances from the provisions of by-law 76-25, as amended, of
the Corporation of the Town of Newcastle, being a comprehensive Sign
� ? By-law.
15. That all by-laws of the Corporation of the Town of Newcastle
constituting a Committee of Adjustment or appointing members thereto
are hereby repealed.
BY-LAW read a first time this 13th day of June 1983
BY-LAW read a second time this 13th day of June 1983
BY-LAW read a third time and finally passed this 13th day of
June 1983
AUYOR
CLERK
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