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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
General Purpose and Administration Committee
File # Tb D.() E-
Res. #618-)0 ~ -0 0
Date:
Monday, March 20, 2000
Report #:
PD-025-00 File #: PLN 2.3.2
By-law #
Subject:
AREA MUNICIPAL OFFICIAL PLAN AMENDMENT
EXEMPTION APPROVAL AND PROCESS
FILE: PLN 2.3.2
Reconnnendations,
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-025-00 be received for information.
1. BACKGROUND:
1.1 On April 12, 1999, Council endorsed the Phase 1 recommendation of the Durham
Planning System Review. One of the recommendations was that local official plan
amendments be exempted from Regional approval if there is no Regional interest
identified. Other planning approval functions considered and recommended for
delegation to local municipalities were Subdivision/Condominium Approvals, and Part-
Lot Control Approvals.
1.2 The revised Official Plan Amendment procedure is the first to be completed. In
November 1999, Regional Council adopted the document entitiled "Procedure for
Municipal Area Plans and Amendments", formulated by a working group comprised of
representatives from the Region and area municipalities. Following adoption of the
procedure by Regional Council, a request for an Exemption Order was forwarded to the
Acting Minister of Municipal affairs and Housing requesting authorization to pass a by-
law to exempt local Official Plan Amendments from Regional approval.
1.3 In February 2000, the Region received the Exemption Order from the. Minister and
forwarded the implementing by-law to Regional Council on February 23, 2000. This by-
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REPORT PD-025-00
PAGE 2
1.3 In February 2000, the Region received the Exemption Order from the Minister and
forwarded the implementing by-law to Regional Council on February 23, 2000. This by-
law identified March I, 2000 as the effective date of exemption for qualifying Area
Municipal Official Plan Amendments from Regional approval. This report provides a
brief overview of the Official Plan Amendment process for exempt applications. The
procedure for those applications identified as requiring Regional approval has not been
revised.
2. PROCESS
2.1 As of March 1, 2000, any new application for an amendment to the Clarington Official
Plan will be reviewed by the Region to determine if it qualifies for exemption from
Regional approval. Any municipally-initiated amendment to the Clarington Official Plan
adopted by Clarington Council after March I, 2000 may also qualify for exemption
status.
2.2 Attachment No. 1 outlines the process that is followed for an amendment application
which has been identified by the Region as being exempt from Regional approval. The
Region of Durham has 30 days to review the amendment application to determine
whether it is exempt from Regional approval. An application would not be considered
exempt if, it exhibited one or more Regional and/or Provincial interests as outlined
below:
i) is not in conformity with the Regional Official Plan or has a concurrent Regional
Official Plan amendment;
ii) substantially impact on Regional servicing and road infrastructure;
iii) substantially changes Regional capital forecasts;
iv) substantially impacts Regional traffic flows;
v) involves major secondary plans
vi) proposes large retail facilities with a Regional draw;
vii) involves significant environmental issues;
viii) is located in, or impacts on, the Oak Ridges Moraine;
ix) is in proximity to major mineral aggregate resources;
x) is in proximity to, or includes, contaminated sites;
xi) is in proximity to sewage treatment plants and/or landfill sites;
xii) has major cross boundary impacts; and/or
xiii) proposes non-farm development in the rural area.
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REPORT PD-02S-OO
PAGE 3
2.3 The revised procedures have now been implemented by staff including revisions to form
letters, public notices and application forms. The application form has been changed to
reflect the revised fee structure. The Regional fee of $500.00 was formerly collected by
the area municipality upon approval of an application and forwarded to the Region along
with the Official Plan Amendment Document Package. The fee will now be collected
upon receipt of an Official Plan Amendment application and forwarded along with the
circulation of the application to the Region to be used by the Region to supplement the
costs of reviewing the application to determine exemption status. There will be no
additional fee required if an application is deemed non-exempt.
2.4 It is not possible to accurately determine the exact number of applications that will be
considered exempt from Regional approval. If the exemption process was in effect
during 1998 and 1999, it is anticipated that 5 of the 9 official plan amendment
applications might have been considered to be exempt from Regional approval.
3. CONCLUSION
3.1 The exemption of an Official Plan Amendment application from Regional approval will
reduce the amount of time required to process an application. This new process is a
positive step in streamlining the approval of development applications. However, in the
event of an Ontario Municipal Board appeal, there is an additional workload of area
municipal staff which was formerly handed by the Region.
Reviewed by,
o va-L9.. -4. ~
toranklm Wu, M.C.l.I'., R.l'.l'.,
Chief Administrative Officer
HB*BN*DJC*cc
March 10, 2000
Attachment No. 1
OP A Process-Flowchart
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ATTACHMENT NO.1
OFFICIAL PLAN AMENDMENT PROCESS
EXEMPT APPLICATIONS
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New Step for
Region
Preconsultation with Municipality and Region
New Step for
Municipality
Proposed amendment application received and
deemed complete
Application circulated for agency comments
Region advises application is exempt from regional
approval (30 days), conformity with Regional O.P., P.P.S.,
and other Regional and Provincial policies
90 davs
Issue notice for Public Meeting
Public Meeting
Appeal
Re: 90 days
Municipal Council Decision
Notice of Appeal NOT Received
Appeal
of Decision
15 days
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OMB Hearing
OMB Decision
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