Developing a Letter of Conditional Subdivision Approval

Transcription

1 2017 Brent Molnar / David Block (City of Colwood / City of Terrace) Developing a Letter of Conditional General Discussion Sometimes called: PLA Preliminary Layout Approval PLR Preliminary Layout Review SoC Statement of Conditions Guide for Approving Officers Section 3 Applications, Approvals, Rejections and Appeals & Section B Sample Documents 1

2 General Discussion Undertaken by Municipal Approving Officers and intended to offer preliminary comments on an application, tentative or conditional approval There is no provision in law authorizing the preliminary approval of subdivision proposals prior to the tender of final subdivision or strata plans BUT General Discussion Developers may market their properties once several criteria have been satisfied, including preliminary approval by an Approving Officer Preliminary approval process has been acknowledged by the Province 2

3 General Discussion The Land Title Act refers only to the FINAL Application Approving Officers cannot refuse to consider a final subdivision application solely because a preliminary application was not submitted General Discussion Approving Officers should be careful accepting subdivision applications where proposal does not comply with Bylaws Caution when writing statements such as Subject to a Rezoning or Subject to a Development Permit being issued especially where early marketing is a possibility 3

4 The Application Although an application can require various items (some maybe unique to your specific setting); most submissions require information to help assist you in determining the development potential The GAO has some great information (32 GAO) which includes the following suggested items; An Application form completed which provides some basic information (a statement of intention and use), intent and owner/contact information The Application The application may also require that; A drawing that be include which shows; Dimensions and areas of all proposed lots All proposed and existing road infrastructure complete with dimensions for access widths All bodies of water and drainage Topographic information Surrounding information (properties, adjacent land use, etc ) Location of Buildings Site profile information (if required) Title certificate 4

5 Now What? Once the application information is received, Approving Officers are given time to evaluate the proposal, which should begin with an internal local agency referral: Public Works/Engineering works and service requirements GIS/Mapping property records, ROWs, Covenants, services to the parcel Clerk or Finance Department LAS/LIP, charges owing against property Fire Department FUS/water systems & fire flows Leisure Services/Parks parkland contribution, trails Others Now What? Following internal review once the information is received and comments submitted by other departments, the Approving Officers may seek information from other levels of government experts and agencies such as; Ministry of Transportation & Infrastructure (MOTI) Ministry of Agriculture Environmental Health DFO impacts on navigable waters Adjacent local governments near proposed development LOCAL NEIGHBOURS? 5

6 The Approving Officer should exercise diligence in ensuring that a thorough review is carried out so that barriers to final approval are identified AND addressed Concerns of the Approving Officer should be addressed through investigation and/or a report that is relevant to the concerns, especially if that concern could result in refusal It is suggested that any items necessary for the review be required/submitted early This will help the AO in their evaluation process It is recommended that these items be received / reviewed and accepted prior to the issuance of any form of review letter 6

7 Some suggestions for preliminary review letters (s34 GAO); Valid Dates Statements about the review being offered based on the information provided Changes to plan / intent require that the AO be notified Conditions necessary to obtain final approval The document may not cover required permits or other approvals from jurisdictions and adjacencies (such as MoTI) Time limits to be aware of (s36 GAO); Final Plan Approved or rejected within 2 months after the final plan is provided for review Final Plan must be tendered to the Registrar for deposit within 2 months of approval Survey Plan If the survey preceded the final review by more than 3 m months, the AO may require the surveyor check and confirm in the field 7

8 Time limits to be aware of (s36 GAO); Phased Strata No time limit for approval of a Phased Strata Plan Declaration, however AO signatures expire after 1 year Improvement Districts If an application affects land in an improvement district, the trustees must be notified within 7 days of receiving a plan for approval Valid dates 8

9 LGMA - Approving Officer MATI Groups of People from similar municipal sizes, various skill sets All create different letters of review All excellent, but different which is best? Appendix B of the GAO; Terrace has provided a sample Preliminary Layout Review (PLR) Letter Lessons learned from Approving Officer MATI; Be clear on what the review letter is It is NOT Approval, it should be a list of conditions that when completed will enable final consideration It IS Approval (if this is your intent) Be clear on how you have reviewed and applied the supplied information, and what the applicant should do if that information (or intent) changes 9

10 Lessons learned from Approving Officer MATI; Be clear on matters that require other people s input for approval (such as where a Council process is, or consideration of other agencies who may have their own requirements and works list [like MoTI]) Be Clear on DATES Valid to Extensions if available Changes in Bylaws and how they may be brought forward and affect the application Lessons learned from Approving Officer MATI; Be clear on your expectations of the client in working through the process Do they need further applications for? HUP, Final Who do they need to speak to further? Where there are potential stops (ie this before that) When you will consider 10

11 Lessons learned from Approving Officer MATI; Be Clear on the use of consultants, and what you need to know to keep working with the client Do you wish to know and call on engaged parties (such as the Geotechnical Engineer, or Civil Consultant)? How is that contact established, and who s obligation is it? Be clear on any financial charges Be clear on Legal Requirements Lessons learned from Approving Officer MATI; This is not a complete list Each person is different Each place is different Each situation is different Templates are useful, but require overview 11

12 READ IT Read any document from start to finish; Is it logical? Does it read fluidly with clear statements? Have you mentioned the appropriate stop-gaps? Have you considered what you deem to be important? Can a lay-person understand it, and deliver SAMPLE PLR Terrace, BC 12

13 SAMPLE PLR Terrace, BC SAMPLE PLR Terrace, BC 13

14 SAMPLE PLR Terrace, BC SAMPLE PLR Terrace, BC 14

15 SAMPLE PLR Terrace, BC Thank you 15