The Planning and Development Act, 2007

Transcription

1 The Planning and Development Act, 2007 SUMMARY OF KEY NEW PROVISIONS Part I - Short Title, Interpretation and Purposes 2 adds new definitions for clarity o e.g. discretionary use and permitted use; intensity of use; nonconforming site; pecuniary interest 3 establishes a purpose of the Act that is consistent with the goals of the Act review Part II General Provision respecting Powers 6 the powers of the Minister are clarified 10 establishes that the Minister may appoint a provincial Director of Community Planning (under the previous Act this appointment was done by the Lieutenant Governor in Council). Part III - Establishment and Functions of Municipal Approving Authorities 13 & 14 establishes procedures where municipal approving authority lapses 15 permits additional authorities to be delegated to staff (by councils of municipal approving authorities) o decisions regarding site plan control, discretionary use and direct control districts 16 clarifies how municipal approving authorities subdivision bylaws can vary from The Subdivision Regulations 17 permits municipal approving authorities subdivision fees to be set out in a separate bylaw; Ministerial approval is not required for the fee bylaw 19 provides for site plan control, a new tool that municipal approving authorities can use to address traffic and pedestrian safety on commercial and industrial sites 20 gives municipal approving authorities more flexibility in dealing with minor variances to their zoning bylaws (e.g. scope of minor variances, and procedures for notifying neighbours) o part of this is a 2005 amendment that was not proclaimed 23 exempts approving authorities from obtaining Ministerial approval (interim development control still requires public notice) 24 allows municipal approving authorities to set their own public notice requirements for discretionary use applications o otherwise, section 55, which adds new minimum notice requirements for discretionary uses, applies Part IV - Statutory Plans creates a new type of policy plan, the official community plan (OCP), which replaces the development plan and the basic planning statement

2 o section 248 deems existing development plans and basic planning statements as OCPs (to the extent they are consistent with the new Act and provincial interests) 29 requires OCPs to be prepared under the direction of a professional community planner 30 permits the Minister to require a new OCP, or an OCP amendment, only to achieve consistency with provincial interests 32 expands the mandatory minimum content for an OCP o previously the only mandatory content was the need for implementation policies in a development plan 36 maintains Ministerial approval of OCPs and amendments o in 2005, an amendment that would have replaced Ministerial approval with Ministerial referral (before second reading of the bylaw) was not proclaimed o based on stakeholder concerns about the process, ministerial approval was maintained 38, 39(2) no longer requires municipal consent for the Minister to extend the review timeline for an OCP or amendments o this provides the Minister with the flexibility to ensure that Duty to Consult requirements are met 44 provides for concept plans, a new type of plan that creates a framework for future subdivision and development of an area Part V - Implementation of Plans (Zoning bylaws and other measures) 47 permits the Minister to require a zoning bylaw (ZB) amendment only to achieve consistency with provincial interests (this is a 2005 amendment that was not proclaimed) 49, 50 creates mandatory minimum content for ZBs o based on current optional content 51 permits ZB-related fees to be set out in a separate fee bylaw o Ministerial approval is not required for fee bylaws o public notice is required (as for ZBs) 52(3)(q) permits municipalities to require financial assurance (e.g. letter of credit) to ensure compliance with permit conditions 52 permits ZB to distinguish land uses based on intensity of use (e.g. ZB can specify that a new approval is required if intensity changes) clarifies discretionary use provisions o ZB must contain evaluation criteria - section 54 o ZB must set out public notice procedures section 55 (municipal approving authorities are exempt if their public notice bylaw covers this - section 24) o applicant must be given written notice of council s decision section 57 o for municipal approving authorities, council may delegate decision-making to the development officer; if dissatisfied, the Page 2

3 applicant may appeal to council section 59 60(1) a minor variance cannot be inconsistent with a provincial interest or connected to contract zoning agreement o part of this is a 2005 amendment that was not proclaimed o the 2005 amendment also would have precluded a minor variance connected to a discretionary use; a minor variance can now relate to a discretionary use. 65(1) permits architectural control (of building exterior only, in general) to be addressed in a direct control district 71 exempts rural holding symbol removals from Ministerial approval (urban and northern municipalities were exempt) subsection (2) requires bylaws removing the holding symbol to be filed with the province subsection (3) provides the first right of appeal to the local board if a holding symbol is not removed (under the previous Act, this applied only to municipal approving authorities) subsection (5) 76 maintains Ministerial approval of ZBs and rural ZB amendments o in 2005, an amendment that would have replaced Ministerial approval with Ministerial referral (before second reading of the bylaw) was not proclaimed o based on stakeholder concerns about the process, the unproclaimed amendment is not included in the new Act no longer requires municipal consent for the Minister to extend the review timeline for a ZB or amendments subsection (2) o this provides the Minister with the flexibility to ensure that Duty to Consult requirements are met 81 requires all interim development control bylaws to have Ministerial approval (approving authorities are exempted by 23) clarifies non-conforming buildings, sites and uses o precludes a non-conforming use from resuming if it has been discontinued for 12 months (the previous Act provided only 6 months) section 89 o prevents a non-conforming use from expanding throughout a building, but permits the remainder of the building to be altered section 90 o permits appeals involving non-conforming buildings subsection 91(2) o clarifies 75% of the value of a non-conforming building, defining it as reconstruction cost (if a building is damaged beyond this, it cannot be replaced unless it conforms) section 92 Part VI - Planning Commissions combines provisions for municipal, district and northern planning commissions in one Part Page 3

4 94, 95 provides councils with more flexibility in establishing municipal planning commissions (previously only approving authorities were given flexibility) 97 permits First Nations and government agencies to be appointed to district planning commissions subclause (b)(ii) 100 clarifies that municipalities can hold joint public hearings regarding planning district bylaws 102 provides for inter-municipal disputes over a district OCP amendment to be resolved by dispute resolution or by the Minister subsection (8) permits a district OCP to address sector-specific planning (a recommendation of Action Committee on the Rural Economy, the Saskatchewan Association of Rural Municipalities and the Saskatchewan Urban Municipalities Association) subsection (10) 108, 118 permits planning districts and northern planning areas to be established as corporate bodies, subject to Ministerial approval: district planning authorities and northern planning authorities o the previous Act recognized corporate districts that were established before 1983, but did not permit new ones to be created 109, 119 permits planning authorities to exercise most of the powers the Act gives to councils subsection 109(1) permits planning authorities to deliver municipal services subsection 109(3) 110(1) allows the Minister to appoint a development officer for a northern planning area 113 permits OCPs for northern planning areas to be coordinated with other government plans (e.g. integrated forest land use plans prepared by Saskatchewan Environment) Part VII - Subdivision of Land revamps the subdivision sections (sections of the previous Act): o to clarify when a proposal is exempt from subdivision approval, and when subdivision approval is required o to provide consistency with Information Services Corporation processes 125(1)(h)-(j) permits the Minister to prescribe the water supply and sewage disposal systems required for a particular type of subdivision; this supports the Safe Drinking Water Strategy 128(4)(c)(iii) allows approving authorities to require parcels to be tied as a condition of subdivision approval (e.g. to ensure road access) 130(1) gives approving authorities flexibility to consult with appropriate agencies to determine if land is hazardous or unstable (the previous Act permitted consultation only with Saskatchewan Environment or Page 4

5 the Saskatchewan Watershed Authority) 149,156 clarifies that replotting scheme costs can include road upgrading costs - clause 149(2)(d) clarifies that the subdivision process (e.g. fees, servicing agreements) applies to replotting schemes - clause 156(1)(a) Part VIII - Development Levies and Servicing Fees combines references to development levies and servicing agreement fees in one Part (in the previous Act, sections addressed development levies and section 143 addressed servicing agreements) combines references to levies and fees, where appropriate, to eliminate duplication 169 clarifies that development levies are triggered by new development - subsection (1) clarifies the studies required to determine development levies - subsection 169(2) 172 clarifies that servicing agreement fees are triggered by subdivision 173 permits municipalities to reimburse certain servicing agreement fees (the previous Act permitted this only for development levies) clause (d) 176(2) permits an appeal board to determine whether or not a servicing agreement is needed (this is consistent with the provisions for development agreements) Part IX - Dedicated Lands 180, 199 clarifies that the process for exchanging a buffer strip (section 180) or municipal reserve (section 199) is the same as the process for selling one allows the Minister to exempt the municipality from providing public notice if the exchange is minor 185 gives approving authorities flexibility to consult with appropriate agencies to determine if land should be dedicated as environmental reserve (the previous Act permitted consultation only with Saskatchewan Environment or the Saskatchewan Watershed Authority) 187 clarifies that servicing agreement fees cannot be included when calculating cash-in-lieu of land - subsection (4) requires the agreement of the approving authority if market value is determined without an appraiser - subsection (5) 196 clarifies that municipalities can jointly use municipal reserve lands and facilities, and contribute cash-in-lieu to another municipality 202 allows the Minister to give another department the responsibility to control and maintain Crown-owned dedicated lands (e.g. Page 5

6 Saskatchewan Environment: shoreland in the Northern Saskatchewan Administration District) - subsection (3) permits the Minister to retain control of the right to sell or lease such lands - subsection (4) 203(3) requires utility easements to remain when titles are raised for dedicated lands Part X - Public Participation 207 uses plainer language to clarify the requirements for advertising a bylaw and holding a public hearing requires the public hearing to be held after first reading and before second reading of a bylaw (municipal approving authorities may still have different procedures if specified in their public notice bylaw) subsection (2) approving authorities must still give notice of a proposed interim development control bylaw. Part XI Appeals combines references to appeals in one Part, where appropriate (in the previous Act, sections addressed development appeals and sections 147, 150 and 151 addressed subdivision appeals) o appeals related to servicing agreements remain separate - section (3) permits municipalities to jointly establish District Development Appeals Boards gives municipalities more flexibility in the organization and operation of Development Appeals Boards (DABs) (previously, only municipal approving authorities have this flexibility) 219(2)(b) clarifies that discretionary uses that have not been approved by council cannot be appealed (discretionary uses that have been approved have rights of appeal) 221, 231 creates consistent requirements for DABs and the Saskatchewan Municipal Board in determining appeals: o all decisions must now comply with the OCP o all decisions must now conform to the ZB requirements for land use, intensity of use and density of use, but other ZB standards may be varied 222(3) permits additional notice requirements to be set out in the municipality s ZB clause (e) Part XII Miscellaneous 233 creates a voluntary dispute resolution process for planning- or subdivision-related disputes between municipalities 243 aligns fines with The Municipalities Act Page 6