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HomeMy WebLinkAboutP-47-80 CAM 'M?ffiv, 97N CORPORA -ION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director HAMPTON,ONTARIO LOB IJO TEL. (416)263.2231 REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF MARCH 17, 1980. REPORT NO. : P-47-80 SUBJECT: Draft Planning Act for Ontario BACKGROUND: Following upon the Comay review of the Planning Act and the report of the Planning Act Review Committee issued in June, 1977, the Provincial Government's proposals to amend the province's local planning sysiem were set down in the White Paper on Ontario's Planning Act. The recommendations contained therein formed the basis for the draft of a new Planning Act, which translates into legislative terms those recommendations and conclusions. The draft Planning Act, which was released in December, 1979 represents the proposed form for this new legislation and, as a draft, concerned agencies, individuals or municipalities may review the docu- ment and fo nvard their questions, concerns or submissions to the Ministry of Housing no later than March 31st-. 1980. COMMENTS: The draft of the new Planning Act re-enacts many of the provis- ions of the present Planning Act, as well as, incorporating revisions. In addition, the Act proposes new provisions based upon the conclusions - 2 - on the White Paper on the Planning Act. The new Act has also been reorganized into seven main parts, which group the related sections for ease of understanding. The following is a summary of these seven parts with brief- explanations and staff comment on areas which may be of con- cern to the Town. Section I "Definitions" - Sets out the definitions required for the interpretation of the revised Planning Act. - Provides two definitions for municipalities in order to in- corporate regional type municipalities and describe types of planning functions assigned to each. -- Provides a new definition of Official Plan which deletes ref- erences to health, safety, convenience or welfare of inhabitants based on conclusion 30 of the White Paper. These matters are now referred to under Section 16(2) of the new act. Part I -- Provincial Administration Section 2 Nature of Provincial Interest - Phis section is based on conclusion 1 of the White Paper and identifies a range of matters of provincial interest which must be taken into account by the Minister in carrying out his responsibilities. - Staff suggest that a more specific definition of these matters would be beneficial. in order to eliminate the need for inter- pretation in the absence of policy statements to be issued under Scction 3. - Staff further suggest that Section 2(b) should be amended to specifically include the protection of prime agricultural lands and that Section 2(e) be reworded to read "efficient supply and efficient use of energy". Section 3 Policy Statements This Section is based on conclusion 3 of the White Paper and would permit more specific definition of matters of provincial interest by the Minister. This section givesa great deal of discretionary power to the Minister in determining policy statements but does not allow for municipal input. - 3 - - Staff suggest that the Town encourage the minister to adopt, at an early stage, policy statements on provincial i.utcrc!sts .111d to provide 1'or. nuul:Lcipal participation in formulation of these statements. - Staff further suggest that the Town request the province to elaborate on its position in respect of supporting policy statements before the Ontario Municipal Board and other administrative tribunals such as the Environmental Assessment Board and Expropriation Hearings . Section 4 Delegation of Minister's Authorit - This section repeats Section 44(b) of the present Act but has been broadened to include delegation to various other upper tier municipalities. Section 5 — Further Delegation by Municipalities - This section repeats Section 44(c) of the present Act. - Staff note that the delegation of Council powers to an individual has a potential for abuse and that the province be requested to further examine the legal implications and responsibilities to the individual. One possible solution k•iould be provincial registration of the planning profession tlncl a legis.lar_ed statute of :Limitations. Section 6 Consultation on Public Works -- This section is based on conclusion 9 of the White Paper and requires that provincial ministries and public agencies consult with municipalities and consider local planning policies before undertaking a public work. Staff note that this requirement would not bind such agencies to local plan- ning policies. Section 7 Power to Make Grants - This is a new provision which gives authority to the Minister to make grants for Planning purposes and recognizes existing programs. Part II - Local Planning Administration Sections 8 through 15 -- I'liQ.se sections deal primarily with joint planning and the c.st-ablishment of planning boards for the purposes of joint planning. - 4 - - Staff question the intent of the Ministry in respect of conformity of Regional Acts to the new Planning Act and the relationship between the responsibilities and duties of a Planning Board in planning matters and those of a Council or its Planning Committee. The new Act is riot clear on whether those duties of a Board would apply equally to a local Council or its delegated Committee . - Staff further suggest that Section 15 be amended to specify that an upper-tier mLui.cipality may only assume the authority or responsibilities of a lower-tier municipality at the request of such lower-tier municipality. Part III - Official Plans Section 16 Matters to be Addressed in Official Plan This Section provides a general indication of the nature and scope of Official Plans and indicates regard shall be had to social, economic, and environmental matters in imple- menting the policies of an Official Plan and is based on con- clusions 30 and 31 of the White Paper. Section 17 Procedures for Preparation, Adoption, Approval of Plans - This Section provides for direct preparation of official plans by Council, and procedures in respect of public notice, public meetings, plan adoption, plan approval, plan referral and disposition by the Ontario Municipal Board. Basicially as follows: Prior to adopting a plan, Council shall (a) give notice of time and place when Council will hold a meeting to consider the plan adoption (no sooner than thirty days from the notice) (b) give notice to affected agencies (r.) hold a public meeting and afford any person present an opportunity to be heard. (d) receive comments or submissions within the 30 days of date of notice or any further time limit as may be granted by Council. - Public or agencies who were present at the public meeting and who have submitted a written request and agencies who have submitted comments and a written request must be notified within seven days of local adoption. - Only those persons or agencies to whom notice is given, as above, are entitled to request the Minister to refer the plan or part thereof. Such a request must be made within twenty-eight days of adoption. - 5 - SLci [l' note that this places a heavy onus on individuals to be aware of and participate in the process in order to ensure their rights. Staff would suggest that Section 1.7 subsection 7 should be reworded to read: ". . .adoption of the plan to every person who appeared or was represented at: the meeting and/or who filed with the clerk a written brief- or submission and who also filed with the clerk. . . " This would permit persons the right to referral if unable Lo ;itLund or be represented at the meeting, provided that they submitted a written brief in lieu of attendance and also requested notification of the adoption of the plan. -- Where a request for referral is made within the prescribed L.tmc .Limit, the Minister must refer the matter to the Ontario Hunicipal Board. - The Ontario Municipal Board may add parties to the hearing and establish the issues that are in dispute and restrict evidence to those issues. - The Board may make any decision that the Minister could have made, however, where the plan or part thereof as referred contains matters of provincial interest or is likely to affect these interests, the Minister shall so advise the Board which shall bold the hearing and make a recommendation to the Minister who shall make a final disposition. - Staff note that appeals to Cabinet have not been dealt with ;.rnd although the White Paper suggests that the decision of the Ontario Municipal Board or the Minister will be final. This rnnttc �' "hou].d be clearly rrpecff.ied by the new Act. ;it;rl l fUl'Lller note Lhat there i.t3 no cons it;tency to time periods C()r notice rind appeal. and suggest that the Rinistry consider a un.11-orm period of either 28 or 30 days but avoid using both . Section 18 Preparation of Plan by Planning Board -- This Section provides for the preparation of plans or joint plans by an established Planning Board. Section 19 Preparation of Plan. in Unorganized Territory -- This Section deals with the preparation of plans by a Plan- ning Board for wholly unorganized territories. Section 20 Lodging of Plan - This Section is similar to the existing Section 16 of the Planning Act. - 5a -- Section 21 Amendments and Waiving of Approval - This Section is based upon conclusion 5 of the White Paper and permits waiving of Ministerial approval of official plan amendments where no provincial interest is involved and pro- vided the procedures of Section 17 have been followed. Section 22 _ Referral Where Amendment is Required - This Section basically re-enacts Section 17(3) of the present Act and provides a new time limit .of sixty days for consider- ing amendments . Section 23 Minister May Request Amendment to Official Plan - This Section is based on conclusion $ of the White Paper and permits the Minister to re uest a municipality to amend its plan where matters of provincial interest are involved. in these instances, the Minister may request the Board to hold a hearing and report upon the proposed amendment which he shall consider in making his decision. It should be noted that if the municipality does not agree to amend the plan the Minister may order the amendment of the plan. - 6 - Section 24 Conformity of By-laws and Public Works - This Section re-enacts Section 19 of the present Act but now only requires general conformity of by-laws and public works . Staff can foresee problems with interpretation of the words "generally conform". Section 25 Acquisition of Lands in Accordance with Plan - This Section is similar to Section 21 of the present Act. Section 26 Review of Plan - This Section is based upon conclusion 33 of the White Paper and requires review of an Official Plan every five years . The Minister has the power under this section to request such a review. Section 27 Effect of Upper Tier Plans - This Section is based on conclusions 20 and 21 of the White Paper and requires the amendment of local official plans and zoning by-laws to conform to upper tier plans within one year of that plan's approval. The Council of the upper- tier municipality would have the power to effect such amend- ments if the lower-tier municipality failed to do so. - Staff note that this Section is not consistent in terminology with the proposed Section 24(1) in that by-laws must be amen- ded "to conform" rather than "to generally conform". Staff are also concerned that a municipality with a limited staff and budget may be unable to accomplish required amend- ments within the one year period and would suggest that the Ministry re-examine this requirement. Part IV - Community Improvement Section 28 General Provisions - This Section re-enacts Section 22 of the present Act and :incorporates conclusion 55 of the White Paper. The word "redevelopment" has been replaced by the words "community improvement". Section 29 Agreements on Community Improvements - This Section broadens the provisions of Section 23 of the present Act and implements the last part of conclusion 55 of the White Paper. - 7 - Section 30 Agreements on Grants and Studies - This Section re-enacts Section 24 of the present Act. Section 31 Property Standards By-laws Section 32 Grants and Loans: Property Standards - These Sections re-enact Sections 36 and 37 of the present Act. Section 33 Demolition Control - This Section re-enacts Section 37(a) of the present Act. Part V - Land Use Controls Section 34 Zoning; By-laws - Subsections 1 to 11 are essentially the same as the provis- .-ons of Section 35 of the present Act and implement conclusion 45 of the White Paper. Subsections 3 and 4 are new and will allow the zoning for a class of persons, initially this would apply to seniors and students. Staff note that this could be useful in zoning such projects as the Windsweep Farms and Rice Bros. retirement communities . - Subsections 12 to 15 are based upon conclusion 49 of the White P,�-ipeir and will permit temporary zoning for a maximum of three ,years , subject to renewal thereafter, but would not give such uses a legal non-conforming status . - Subsection 16 re-enacts Section 35(22) of the present Act and extends the time period for considering rezonings from thirty to sixty days. - Subsections 17 to 36 provide for the notification and approvals process for zoning by-laws and are basically as follows: - Decision to consider passing of by-law or a by-law amend- ment -- Notification to public or affected agencies 30 days prior to meeting at which by-law to be considered for adoption •-- Hold public meeting and afford any person present an oppor- tunity to be heard Receive continents or submissions within 30 days of notice or any further time limit as may be established by Council Where Council adopts the by-law or amendment, the Clerk must notify within seven days all persons present at the public meeting and who have submitted a written request for such notice and all agencies which have submitted comments on the by-law; and have submitted a written request for such notice - 8 - - Only those persons or agencies to whom notice is given, as above, are entitled to appeal the by-law or amendment to the Ontario Municipal Board. Such an appeal must be filed with the Clerk within 28 days of the date of the passing of the by-law. Staff note that as for the Official Plan approval procedures this places a heavy onus on individuals to be aware of and partici- pr:3te in the process in order to ensure their rights. Staff would suggest that Section 34 subsection 21 should be reworded to read: ". . .passing of the by-law to every person who appeared or was represented at the meeting and/or who filed a written brief or submission and who also filed with the clerk. . . " This would permit persons the right to appeal if unable to attend or be represented at the meeting provided that they submitted a written brief in lieu of such attendance and also requested notification of the passing of the by-law. Section 35 Holding Provisions - This new Section is based on conclusion 46 of the White Paper and would permit a municipality to phase development by placing a holding designation on certain zone areas subject to inclu- sion of appropriate provisions within an approved Official Plan. Staff note that this could be useful in staging subdivisions and hamlet development. Section 36 Bonus By-laws This new Section is based on conclusion 47 of the White Paper rand would permit a municipality to grant densit=y increases In return for the provision of facilities, services or matters ostablislied by by-law and subject to the inclusion of appropriate provisions within an approved Official Plan. Staff note that this could encompass density transfers in recognizing develop- ment rights for designated lands which for various reasons may li.ave to be developed at lower than permitted densities, such as environmentally sensitive areas. Section 37 lnterim Control By-laws - This new Section is based upon conclusion 48 of the White Paper and allows municipalities to pass by-laws to control development on an interim basis not to exceed two years. No notice is re- quired prior to passing, however, affected persons or agencies must be notified within thirty days of passing and have the r;i.ght- to appeal within sixty days. Staff note that this new control will be particularly useful for controlling development In areas which are under study, such as hamlets, where existing zoning may be expected to change or where new development may affect the outcome of the study. - 9 - Section 383_ Sign By-laws 7'lli_s Section Lratisfers sign control legislation from the Municipal Act to the Planning Act in accordance with con- clusion 57 of the White Paper. Section 39 Site Plan Control By-laws - This Section re-enacts Section 35a of the present Act as contained in the Planning Act Amendment, 1979. Section 40 Parkland Dedication -- This Section basically re-enacts section 35b of the present Act. It also establishes the date for determination of the amount of cash-in-lieu of parkland, being the day of issuance of the first building permit except that Section 52 subsection 9 would apply in the case of subdivisions which shall be valued as of the day before draft approval. Section 41 _ Land Reserved for Public Purposes - This new Section is based on conclusion 75 of the White Paper rind would permit municipalities to zone land for public purposes for a period up to three years at which time the use would revert to an alternate, predetermined, non-public use. Such a by-law would be subject to payment by the municipality of an amount equal to 10% of the value of the property on the day before draft approval or passing of the by-law, as the case may be, within sixty days thereof. Staff note that this requirement would also apply to all potential school sites. In that regard, it is our opinion that the Ministry should examine the possi- bility of incorporating a mechanism which would permit the ac- quisition of new school sites at little or not cost to the local school boards or the municipality contributing to those boards . Section 42 Amortization By-laws - This new Section implements conclusion 52 of the White Paper and would permit municipalities to require the cessation of non- conforming uses within a period of time not less than five years . Staff note that the intent of this Section is to eliminate non- conforming uses or buildings of a minor nature incidental to such uses as wrecking yards or industrial storage. We would, therefore, suggest that this intent be clearly specified within this new section. Staff note that this may affect property values to a f,reat degree. Section 43 Metric Conversion - 17his Section re-enacts Section 45a of the present Act relating W metric conversion of zoning by-laws - 10 - Section 44._ Appointment of Committee of Adjustment -- This Section re-enacts Section 41 of the present Act but opens membership to Councillors and municipal employees, if Council so desires. Section 45 Powers of Committee of Adjustment - This Section basically re-enacts Section 42 of the present Act and clarifies the number of enlargements or extensions which may be granted. This Section also permits the Ontario Municipal Board to dismiss an appeal of a Committee decision when it considers the grounds for appeal as insufficient. Section 46 Mobile Home Provisions - This Section re-enacts Section 35(e) of the present Act. Section 47 _ Power of Minister: Zoning, Subdivision Control - This Section re-enacts Section 32 of the present Act. Section 48 Restrictions, Mobile Homes, Minister's Orders - This new Section was not dealt with by the White Paper ,and permits the issuance of licences, permits or approvals only if the use complies with the provisions of Section 46 and 47 of the new Act. Section 49 Right-of-Entry - Phis new Section is based on conclusion 56 of the White Paper and provides the right-of-entry for enforcing zoning by-laws and the provisions of Sections 46 and 47(1) of the ii(�w Act. In the case of a dwelling a search warrant is re- quired unless the consent of the occupant has been received. Part VI - Subdivision of Land Section 50 Subdivision Control - This Section essentially re-enacts Section 29 of the present Act. Section 51 Partition Act Notice - This Section re-enacts Section 33a of the present Act. - 11 - Section 52 Plans of Subdivision - 'Chis Section basically re-enacts Section 33 of the present Act and sets out procedures for the subdivision of land. Changes include the deletion of the present Section 33(12) dealinf, with ttrc Lapsing, of draft approval, specifying thr_it tlru Minister may impose conditions which are reasonable rather than advisable, establishing 2% as the limit for park- land or cash-in-lieu on commercial or industrial subdivisions, requiring approved recreation policies in the Official Plan to qualify for the higher park standards provided by the Act, establishing the date for determination of the cash-in-lieu value of land and generally providing more specifically the procedures for subdivision approval as follows: - Plan submitted to Minister and evaluated •- Plan circulated to various public agencies and affected municipalities -- Comments received and draft approval with conditions granted. Note: The Minister may refuse approval at any time prior to draft approval - If plan refused, not dealt with within 60 days, or con- ditions of approval unacceptable, applicant may refer matter to Board for hearing. Board would then hold hearing and make decision - When all conditions met final approval may be granted and the plan registered Section 53 __Land Sales Offences by Unregistered Plan - This Section re-enacts Section 34 of the present Act. Section 54 Consents - This Section details procedures for conveyance of land by con- sent and incorporates parts of Sections 29 and 42 of the present Act as well as introducing new sub-sections. Basically the new procedures are as follows: - Application submitted to approving authority Application circulated to affected agencies - Municipal meeting to consider application - Notice of decision to be given within seven days and appeals submitted within twenty-eight days If an appeal is lodged the Ontario Municipal Board determines the merits of the appeal and either dismisses the appeal or holds a hearing in order to reach a decision - Upon approval of a consent, the applicant has one year to meet all conditions imposed. If conditions not met, the consent is deemed to be denied. - 12 - Section 55 Council Delegation of Consents - 'I:his Section deals with the delegation of the authority for granting consents by by-law to a committee of Council, an appointed officer or to a land division committee. Staff note that this would enable Regional Council to eliminate the Land Division Committee if they so desire, and to delegate the consent grating authority to a committee of Regional Coun- cil or to a Regional employee such as the Planning Committee or the Commissioner of Planning. Section 56 _ Appointment and Duties of a District Land Division Committee - This Section re-enacts Section 30b of the present Act applying to territorial districts. Section 57 Appointment and Duties of Land Division Committee - This Section is based, in part, on conclusion 16 of the White Paper and provides for the establishment of land div- ision committees for granting consents in counties or regional, metropolitan and district municipalities. Section 58 Validation - This Section re-enacts Section 29a of the present Act. Part VII - Miscellaneous Provisions Sections 59, 60 and 61 - These Sections re-enact Sections 25, 26 and 27 respectively of the present Act dealing with Land Acquisition, Clearing and Grading of Land by the Municipality and the Exchange of Lands . Section 62 Statutory Powers Procedure Act Exemption - This Section is based upon conclusion 62 of the White Paper and exempts the municipal proceedings, dealt with by this Act, from the Statutory Powers Procedure Act, 1971. Section 63Ontario Hydro Exemption - This Section is based, in part, upon conclusion 9 of the White Paper and generally exempts Ontario Hydro from the provisions of the Planning Act since Hydro is subject to the- Environmental Assessment Act with full rights of appeal and hearing. - 13 - Section 64 _ Unified Hearing, Environmental Assessment & Planning Acts - Th=us Section is based on conclusion 77 of the White Paper and provides for a joint hearing where a private develop- ment is subject to both acts, with the responsibility be- coming that of the Environmental Assessment Board. Section 65 Effect of Municipal Board Approval - This Section re-enacts part of Section 44 of the present Act relating to matters referred for a final decisions. Section 66 Effect of Delegate's Approval - This new Section is similar to Section 65 as it relates to the force and effect of decisions made by a delegated authority. Section 67 Penalties - This Section is based on conclusion 56 of the White Paper and establishes a new range of penalties for contravention of by-laws or designated portions of the new Act. These new penalties range between $10,000 and $50,000 maximums per offence, depending upon the circumstances of the offence. This Section also allows the courts to issue an order pro- hibiting the continuation or repetition of an offence once convicted. Section 68 Assessment Act Disclosure -- 11d., Section re-enacts Section 7 of the present Act. Section 69 Development Standards - Tliis Section will permit the issuance of provincial regu- lations governing development standards such as those recommended by conclusion 71 of the White Paper. Municipalities would have regard for such regulations in implementing planning policies. Section 70 Lieutenant Governor May Make Regulations - Th.i.s Section implements various conclusions of the White Paper related to the issuance of regulations by the Lieutenant Governor in Council, necessary for the implementation of the P;l-anning Act. Staff note that such regulations would govern such things as procedures for public notice, application fees, defining persons or classes of persons, prescribing development standards, rules of procedure, prescribing circulation lists and for prescribing that information to be submitted to the Minister in conjunction with Committee of Adjustment decisions . - 14 - Section 71 Conflict with Other Acts - This Section re-enacts Section 46 of the present Act. CONCLUSION: Based upon our review of the draft Planning Act, there are certain areas which we feel require additional attention, as noted by our comments . Recommendations related thereto are as follows: RECOMMENDATIONS: That the Planning and Development Committee recommend to Council the following: 1. 't'hat Report P-47-80 be received; and that 2. A copy of Staff Report P-47-80 be forwarded to the Minister of Housing for his consideration; and that 3. The r'i.nister of Housing be advised that the Town of Newcastle suggests that the "Planning Act - A Draft for Public Comment" be specifically modified as follows : (1) Section 2(b) to be amended to specifically identify the protection of prime agricultural land as a matter of provincial interest; (ii) Section 2(e) to be amended by adding the word "efficient" before the word "use"; (iii) Section 15 to be amended by adding the words "at the request of and" before the words "on such terms. . ."; (j.v) Section 17(7) to be amended by the addition of the words "or was represented" after the word "appeared" and the addition of the words "and/or who filed a written brief or submission with the Clerk" after the word "meeting", with all other wording to remain as is; (v) Section 34(21) to be amended in the same manner as Section 17(7) above; - 15 - (vi) Section 42 to be amended to specifically identify the nature of non-conforming uses which could be amortized, such as, wrecking yards, industrial storage, etc. ; and that (vii) All other general concerns or comments raised by staff report P-47-80 be given due consideration during the review of this draft .legislation. Respectfully submitted, Aq,& TTE:lb D. N. Smith, M.C.I.P. March 12, 1980 Director of Planning —r� C Cc�' A T. T. Edwards, M.C.I.P. Long Range Planner Norma, J. Forres t Current Operations Planner D-Ificial Plan Approval Process t-i f—----7�-n cicst cc be des�q- I nol n12-1 asr v- if'Wv lot,. - 0 co�,S ,;J YV%P F7C 'Lo -'s ::c -;:-.z -L:t COP-,: 0 .2=en Cl'=-S LC.=ef.'tS P D I V e e:, if�crt D.M.B. dc�dcs t 90,- -3. keari --} f I �sEc.��Edcci.�rs Zoning By-law Approval Process �' �----------� � QesigKat-e ''1-o. -"-b1c. P f0 V�KC.�Gv I�ctf�St 1 lam'acct eCtS o t G G µ.51�.ZY t hoiC � to Tut liG tuPi ado cH Cf �assty g b -Jawtic ���c�� J / Ptc�iaitio� , «o axl 6Y—( Atv cf�EGTiV� per cu�,u dam. t �3odays prier t✓�- (0.w Pea( Dt*etco i� Dropoxtl Glnav J<c+. p(�I,CiG G�Jz C CS, to �e OCC.._ ...C.._.. Of Consent Approval Process 0 m OAAS j4tCy",r*nCS ► i qpp,!�, f I to a{�rctii au-tkorf e Cf (2-S aou N- 4ficacion of decision -_s= Z:ro DI SC r1 t Occur ViCh1.2 f-"Z'SC 7 Of or council , or a c23e 26 day ap�peai zer-�.2 outside these areas (2) Or se p a r t e d 2 j s z:,,j 3jzO;:7::-?d Z C-S C"f Subdivision Approval Process -5C" (CA- �J' CL M 3 ap"�Iw-'CE dc-Cis4 C>N"-to (1a0 Ccx,.kmcv: 5 DQA-LT- AF>F>P,6vA-1 'i , (;�P-A (TED 4 W''�"A GOKL ( s 6c9-AKTE:—D .Minister 's decision to refuse approval can be made anycine prior to draft appzc-va! Where the subdivision approval authority has been delegated, the Minister nay call-i,2 a subdivision Ian anytime between submission and final o o r o-,-a 1