Approving Officer/Provincial Approving Officer Relationship

Transcription

1 Approving Officer/Provincial Approving Officer Relationship

2 Discussion Topics Overview Province is a BIG Place Highway Designations Controlled Access Highways Controlled Area Access Permits Other Municipal Applications relative to the PAO Municipal Road closures within 800m of an arterial highway Relief for Access to Water Delegated signing Authority Subdivision approvals Role of Municipality and Ministry of Transportation AO / PAO Areas of Responsibilities

3 The Province of British Columbia is a really BIG place approving jurisdiction boundaries cross or overlap Ministry of Transportation interface within municipalities occurs near highways, controlled areas or arterial highways

4 Municipal and Ministry of Transportation Interface 162 Municipalities/Regional Districts/Improvement Districts in BC Ministry of Transportation has 3 Regional Offices and 11 District offices Approximately 47,000 km of highway plenty of opportunity for overlap between approving jurisdictions

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6 Highway Designations Arterial highway: designated by the Transportation Act or Community Charter, the Lieutenant Governor in Council, by order highways within a municipality/incorporated community municipality support included in the process Ministry has the same rights as the municipality to improve or otherwise alter the arterial highway including approving permits

7 Controlled Access Highway: designated by the Transportation Act usually numbered routes intended to manage higher volumes of traffic access locations strategically placed to align with municipal road network AO needs to be aware of where these highways are located so that development objectives and restrictions can be clear and defined for the developer, especially in regards to who has the ability to apply a limiter

8 Overall Intent Controlled Access Highways: promote a balanced hierarchy of road facilities in all areas Highways routes are to be considered in traffic management strategies, for use of routes, and internal connecting road networks limit points of access to trunk high-speed highways regulate land use within the controlled area, impact to the highway not meant to provide private access for private developments

9 Example

10 Controlled Area: Section 52 of the Transportation Act Defined as development within 800m of the intersection of a controlled access highway Pursuant to Section 924, 930 and 966 of the Local Government Act, Ministry approval is required for: Zoning bylaws Commercial/Industrial buildings over 4500 sq. m. Amendments to land use contracts Heritage Conservation Agreements

11 Controlled Area

12 If the highway is neither controlled access or arterial and the opportunity has been provided to review proposed development; Ministry may provide comments however cannot require as a condition of approval, support municipality in requiring if rezoning & subdivision complete the Ministry can require further reporting through access permits applications, however confusing to applicant or rezoning approval received in the past and further development has occurred Ministry may have requirements at time of access permit application

13 Access permits: Required for commercial or industrial on all roads within Ministry jurisdiction Non transferrable; new owners = new permit May be cancelled or have additional requirements if use changes Not required for single family residential with one access location

14 Other Municipal Applications Subdivisions adjacent to a controlled access highway pursuant to Section 80 of the Land Title Act require Ministry approval. PAO signing as a Ministry representative not as the Approving Officer, reviewing impact to the highway: parcels created are not land locked to highway as only access, pursuant to BC Reg 8/89 parallel municipal road network PAO consideration should occur prior to the local AO applying signature to the plan * drainage

15 Municipal Road Closures pursuant to Section 41 (3) of the Community Charter closure of a municipal road within 800m of an Arterial Highway Ministry approval is required on the bylaw for closure review adjacent local road network and impact to the highway, existing parcels not land locked to the highway

16 Relief for access to water where an applicant is requesting relief for access to water pursuant to Section 75 of Land Title Act approval is required from Ministry of Transportation pursuant Section 76 Land Title Act, relief may be granted for applications within municipality a referral is sent to the Ministry, PAO is signing as designated highway official within a municipality relief must first be supported by the local government

17 These are some of the development areas that interface between the municipal jurisdiction and the Ministry of Transportation PAO delegated signing authority as DHO: LTA Section 80 Subdivision LTA Section 76 Relief for access to water Other Approvals: PAO may be involved for comment or discussion however PAO is responding only as a representative of the Ministry of Transportation

18 Development Approvals staff or District Highways Manager delegated signing authority: Rezoning/OCP Amendment Bylaws Development/commercial permit Land Use restriction discharge Municipal Road closure bylaws Permits - Works within the highway right of way

19 SUBDIVISION APPROVALS

20 Role Ministry of Transportation Approving jurisdiction for rural subdivisions, outside of municipality Pursuant to Section 88 of LTA PAO signing authority For subdivisions adjacent to a Controlled Access Highway ministry approval is required, pursuant to Section 80 LTA May provide comment within 800m of a highway May impose requirements for the coordinate approval, relative to the interaction with a highway route, drainage course, emergency access and road improvements Must approve access locations

21 Rural Subdivision History When subdivision approval process was initiated in the late 1800 s only requirement was legal access MoTI (and predecessors) was the most appropriate agency for review and acceptance Infrastructure (ie: road and drainage) created through the subdivision become the long term responsibility of the Ministry Since then a wide range of interests have been included in the approval process, highways being only one many Approval based on legislated responsibility, safe for the intended use List is extensive and complex

22 Provincial Approving Officer (PAO) Appointed Independent from MoTI, 9 PAO s for the province Speaking for myself Municipal Approving Officer (AO) Appointed Independent from Council 1 or 2 per municipality May have deputy AO s as appointed by Council

23 Subdivision Application to Municipality AO, Municipal Engineers & Technologists Municipality has a coordinating role to MoT as appropriate, and issuing role to the developer. Municipal persons (AO, City Engineer or as appointed) may elect to meet with Dev. Tech where possible to discuss application, understand constraints, and define rolls and relations in approval. Often a combined / Team effort for developed areas, so this needs to be enabled by both parties if willing. Needs for municipal staff to clearly understand roles can be confusing. Need to consider; Who does what? What role in inspections does each party play Communication

24 Subdivision Application to Ministry receive subdivision application Development Technicians/Senior DA responsible for completing review process compile referral responses, documentation from site inspections and research information prepare a report and provide to PAO for review recommendations

25 Provincial Approving Officer PAO reviews the report and supporting information depending on complexity of the application may require further research or site investigation conditions for approval are determined and sent to development technician development technician sends decision letter to applicant, signed by PAO PAO is a statutory decision maker, independent from the Ministry (MoTI, MoE etc) decision cannot be fettered by political, government or personal objectives made in the publics interest

26 Municipal Approving Officer AO considers application and requests supporting reports as necessary depending on complexity of the application may require further research or site investigation conditions for approval are determined and sent to staff (where available), or drafted by the AO Communication to applicant as defined by Municipality AO may elect to speak directly to PAO to review items and conditions, or may be directed to speak directly with Dev. Tech depending on relation and working relation.

27 Construction or Improvement interface This may not be the roll of the AO, however both the AO and Dev. Tech need to understand each others goals so that they can be positive in working towards the necessary joint approval. Regular check-in s with each other are a good practice

28 Summary of PAO/AO Areas of Responsibility approving jurisdiction for agencies overlap however roles are separate only one approving officer for the subdivision application where PAO signature is required for subdivisions within a municipality, signing as a Ministry of Transportation representative Where PAO signature is required, the PAO should sign first, then the AO.

29 QUESTIONS????