Regional Service Delivery in New Brunswick NB Planning Commission Directors A Working Solution A Position Paper submitted by Directors of the Province s Twelve District Planning Commissions Tuesday, June 07, 2011 The Directors of the twelve District Planning Commissions in New Brunswick are pleased to submit this position paper to the Honorable Bruce Fitch, Minister of Local Government, in response to his invitation for stakeholder input on the delivery of certain services on a regional basis. The paper demonstrates how the existing District Planning Commissions are already delivering services at a regional level. Background on the Planning Commission Structure Currently, the Planning Commissions cover 70,060km 2 (98%) approximately of the land area of the Province and serves 502,450 citizens (69% of the total provincial population). All of the LSD s are within a Commission, along with 67 of the 101 municipalities. The Commissions major responsibility is to manage, administrate and plan for land in the present and into the future, in a manner that is efficient and sustainable and improves the quality of life and protects the health and safety of its citizens. This includes approving and administrating all construction within their jurisdictions which amounts to millions of dollars annually. One of the major objectives of forming Planning Commissions is to provide access to professional resources to all communities within its planning area regardless of population. Commission staff is highly trained, experienced and accredited: Directors (Masters or related Undergraduate Degree), MCIP Planners, Canadian Institute of Planners ( Full or Provisional Members,) Building Inspectors- Engineers, CET, NBBOA Geographic Information Systems Technicians Degree or Diploma Development Officer- Planning Tech, CET The majority of directors are Registered Professional Planners under New Brunswick legislation. The Role of Commission s in Regional and Community Planning The sharing of community planning services offers many benefits to participating partners, municipalities, rural communities and Local Service Districts and the region as a whole. 1 Page
Community ownership The organizational structure of district planning commissions reflects the needs and priorities of the communities they serve. The governance of district planning commissions by appointees from municipalities, rural communities and unincorporated areas facilitates utilization of local knowledge and sensitivity to community concerns in planning policy and decisions. Regional partnerships Effective planning solutions are more achievable through the application of regional perspectives to land use, economic development and environmental issues. The composition of planning commission boards reflects the geographical make-up of the municipalities, rural communities and unincorporated areas within the planning district. Planning Commissions represent a decentralized yet coordinated planning delivery vehicle. Integration of urban and rural planning Neighboring urban and rural areas are economically, socially, and environmentally interdependent. The health of urban communities and landscapes is affected by how land and natural resources are managed in adjacent rural areas. Correspondingly, the well-being of rural communities is affected by the health and vitality of adjacent urban centers. Land use plans that integrate urban and rural issues are more effective than plans that are developed in isolation from each other. Financial viability The planning commission model allows for the effective delivery of planning services. Planning Commissions provide access to planning services at a reasonable cost for large and small municipalities and unincorporated areas. The economies of scale allow services to be provided to member partners in a cost effective manner. Planning Commissions achieve quality and transparency through the application of universal guidelines developed in cooperation with the Department of Environment. Planning Commissions are public bodies that share information related to finances and operational considerations with their funding partners. Combined planning and building inspection responsibilities Most district planning commissions facilitate the combined delivery of planning and building inspection services. This is more efficient than separate delivery of these functions as it permits an integrated approach to development approvals. As well it provides more efficient delivery of the service to the client. Regional planning Regional planning delivery should be the responsibility of district planning commissions, and include all municipal and unincorporated areas within the coverage of each regional plan. Planning Commissions are best suited to implement proposed provincial planning policies and encourage and deliver regional planning in terms of professional and staffing capabilities. 2 Page
Services Delivered by Planning Commissions Planning Commissions offer a wide range of services essential to ensure development occurs in a way that is orderly, efficient, safe for people, and safe for the environment. A complete list of these services is set out in Appendix 1 and Appendix 2. Many of these services are in addition to the statutory functions defined for planning commissions in the Community Planning Act, but contribute significantly to achieving more orderly and sustainable development at the regional level. District planning commissions deliver these services professionally, consistently, transparently, and at reasonable cost. There are a number of changes to the current local government structure that could improve regional service delivery, local governance and land use planning in New Brunswick. These include: Promote the establishment of more Rural Communities by enticing more Local Service Districts to come together and allowing smaller villages to consider this alternative local government structure or elect members to the planning commission as part of the local/municipal elections. Develop and implement Provincial Land Use Policies as recommended by the CLURE Report and endorsed in the Finn Report Comprehensive review of the Community Planning Act, which is the oldest provincial planning legislation in Canada. Implement regional planning with the participation of all municipalities, including those that are currently not members of planning commissions. This is critical to ensuring all Municipalities have access to professional resources. Strengthen planning capabilities within Government by increasing planning branch staff resources and shifting the responsibility for community planning to the Department of Local Government given the fact that the Community Planning Act springs from the Municipalities Act. Ensure that the Provincial Planning Director is a Professional Planner (i.e., a full member of the Canadian Institute of Planners and a Registered Professional Planner as per the New Brunswick Registered Professional Planners Act) Potential Barriers to a Regional Approach There are a number of potential barriers to more and better sharing of services amongst communities including planning services at a regional level. Again the Finn and Clure reports have identified various tools and activities for successfully addressing these barriers. Appendix 3 identifies these barriers. 3 Page
Need for a Provincial Planning Vision and Framework in New Brunswick There is an opportunity under the Local Government reform process to create a Provincial Planning system and framework that will work for all communities. The Government of New Brunswick will need to provide leadership that builds the capacity to achieve this. An important part of this is to ensure that there are leaders in government that have the knowledge, background and capacity to facilitate a Sustainable Provincial Planning Framework in New Brunswick. Role of Local Government Better linkage between planning, local governance and municipalities is required to achieve Sustainable Communities (e.g., single Ministry responsible for municipalities and land use planning, Local Government Act that incorporates both the Municipalities Act and Community Planning Act). Please see attached Appendix 4 that provides a Comparative Analysis of Provincial Ministries across Canada involved with Local Government and Land Use Planning. Sustainable Integrated and Coordinated Planning Framework A Provincial Land Use Policy Framework (e.g. Inter-Departmental Planning Board) is required to support a Regional, Municipal and Rural Planning System. It needs to create a sustainable integrated policy framework that is focused on: o Urban Settlement Centres o Sustainable Rural Development o Sustainable Municipal & Regional Infrastructure o Effective Transportation Systems o Agriculture & Food Security o Protection of Water Resources, Air Quality and Overall Environment o Appropriate Regulations for Floodplains, Wetlands,Coastal Areas, Shorelines and Hazard Lands o Forestry o Aggregate and Mineral, Crown Land and other Rural Resources, o Protection of Heritage Resources o Parks and Recreation Areas, Natural Areas, and Wildlife Habitat o Regional Planning Policy Framework o Regional Service Delivery o Municipal Plans & Rural Plans 4 Page
APPENDIX 1 LEGISLATIVE RESPONSIBILITIES OF DISTRICT PLANNING COMMISSIONS The mandate of the District Planning Commission in New Brunswick, as set out in the Community Planning Act, is as follows: To advise councils of municipalities in the District with respect to community planning; To exercise the quasi-judicial powers given to it with respect to bylaws and regulations effective in the district; To advise the Province on various planning matters pursuant to the provisions of the Community Planning Act (Sect. 7(d)(ii); To make recommendations to Council on the laying out of public or future streets (Sect. 44(1)(g); To provide an opinion as to whether a site is unsuitable for a proposed purpose by virtue of its soil or topography (Sect. 34(3)(g); To consider permitting, for a temporary period of up to one year, developments that are otherwise prohibited by the Zoning By-law or Rural Plan (where this power is delegated to the Commission) (Sect. 34(3)(i) & (i1); To impose terms & conditions on developments identified as being subject to terms and conditions in the applicable Zoning By-law (Sect. 34(4)(C)(i); To consider allowing, subject to terms & conditions, a proposed use if otherwise prohibited by the applicable Zoning By-law, if such use is sufficiently similar to or compatible with a use permitted in the relevant zone (Sect. 35(1)(a)); To permit such reasonable variance from the requirements of the zoning by-law as is desirable for the development of a given property and is consistent with the intent of the Municipal Development Plan (Sect. 35(1)(b) & 35(2)); To consider permitting a non-conforming use to be re-established or restarted when the nonconforming use has ceased for a period of ten months (Sect. 40(2)(a); To permit a structure with non-conforming use rights to be repaired or restored when destroyed more than 50% (Sect. 40(2)(b); To consider allowing a non-conforming use to extend into a portion of a structure that was constructed after the by-law is in effect (Sect. 40(3); To consider allowing a non-conforming use to be changed to a similar non-conforming use (Sect. 40(4); To approve such access in a subdivision plan other than a public street that the Commission feels is advisable for the development of land (Sect. 42(3)(c)(ii); 5 Page
To provide an opinion as to whether land is suited for the purpose intended as shown on a subdivision plan (Sect. 42(3)(k)(i); To provide an opinion as to whether a proposed manner of subdividing prejudices the convenient subdivision of adjoining land (Sect. 42(3)(k)(ii); To approve the naming of streets if given authority in the subdivision bylaw (Sect. 42(3)(l); To permit reasonable variance from the requirements of the subdivision by-law (Sect. 46(1)(a) & 46(1.1); To give notice to owners of land in the neighbourhood of the proposed subdivision in which a variance has been requested (Sect. 46(2); To consult with Council on the approval of the names of streets in a subdivision (Sect. 52(7); To recommend the location of public streets or lands for public purposes shown in a subdivision plan (Sect. 56(2); To provide its views on any proposed by-law if not previously given (Sect. 66(1)(a); District Planning Director / Development Officer Responsibilities In accordance with the Community Planning Act, the Planning Commission shall appoint a person as the District Planning Director who becomes the Development Officer. In most instances this person is a Planner who is a member of the Canadian Institute of Planners and recognized as such by the Community Planning Act. The District Planning Director: Administers rural plan or municipal plan, zoning by-law, and subdivision bylaw (Sect. 2(h)); Delegates Development Officer powers with respect to Subdivision By-law and/or Zoning By-law to qualified Planning and Development staff; Approve variance applications as per section 35(2) & 46(1.1)(a) of the Community Planning Act; May approve a good faith encroachment - up to 60 cm from the required street set-back, and up to 30 cm on a required side yard set-back (Sect. 34(8) & (9); May refuse a subdivision, if in his/ her opinion, and in the opinion of the Planning Commission, the land is unsuitable for the purpose intended or, it may not be reasonably expected that the land will be used for the intended use within a reasonable time (Sect. 42(3)(K);Approves any subdivision that conforms with the subdivision by-law (Sect. 44(1); Approves any instrument which creates or transfers an interest in land, such as deeds, mortgages, and easements (Sect. 44(4); May exempt a proposed subdivision from the requirements of the Community Planning Act in accordance with section 48(1); Approves any development that conforms with the zoning by-law (Sect. 81)(1); 6 Page
May prepare or oversees the preparation of Municipal Development Plans, Rural Plans, and Zoning By-laws by qualified planning staff (Sect. 81(6); May enter at all reasonable times upon any property within his / her jurisdiction for the administration of a by-law (Sect. 92(1). APPENDIX 2 Other Services Delivered by Planning Commissions Development of land use plans (municipal plans, rural plans) Administration/enforcement of bylaws (subdivision, building and zoning) Processing of development and building permit applications First point of contact for land enquiries Championing of regional development issues Subdivision approvals Development approvals Development control services and long range planning Building inspections Geographic Information Services (mapping and property data base management) Consultation and coordination of development reviews and approvals with government departments and other agencies (e.g. Departments of Environment, Health, Transportation; municipal councils; Service New Brunswick, watershed groups) Public education Document approvals and exemptions (e.g. for property deed transfers) Design services subdivisions, industrial parks, recreation parks, suggestions to developers, etc., Location planning for regional facilities Assistance to developers in site selection Street naming and civic addressing assistance Networking with industry, business and other community stakeholders Facilitation of special studies e.g. redevelopments, wellfield studies, coordination of development approvals, signage, heritage Participation on EIA technical review committees Development and environmental research and studies Assisting funding partners (municipalities, rural communities and the province) in developing best practices and reviwing/developing ploicies related to development 7 Page
APPENDIX 3 Potential Barriers to a Regional Approach Lack of Provincial Land Use Policies as a result Municipal and Rural Plans are prepared in policy vacuum with little regard for regional development issues and opportunities. No elected body to consult with in the non-incorporated areas No elected body to make decisions in the non-incorporated areas Length of time to have Rural Plan adopted by the Province Once a Rural Plan is drafted it becomes provincial regulation rather than local planning tool Regional planning has not occurred; there is an obvious need for a regional focus to achieve sustainability Lack of coordination or structure to work with other regional agencies Lack of coordination between government departments Too much emphasis on regulation rather than the real benefits of planning; need to prepare Plan first, then implement regulation to achieve the desires of the community Without local representation, a regional planning structure and local decision making; it is very difficult to have a bottom-up planning process Local Governance is a key principle in proactive community planning, this is even more important at the regional level Ability to have say in the evolution of your community is essential Rural Communities is one model that encourages local participation in the rural planning process and would allow for planning on a regional basis Need for new incorporated municipal type government; with elected officials in non-incorporated areas Possible amalgamations of municipalities & rural non-incorporated areas to achieve a critical mass of population and tax base in order to establish stability and sustainability. APPENDIX 4 Comparative Analysis of Provincial Ministries across Canada involved with Local Government and Land Use Planning 8 Page
New Brunswick Department of Local Government Local Governance Focus on Local Service Districts and Municipalities New Brunswick is the only Province that does not combine land use planning with local governance functions related to municipalities and local government. New Brunswick Department of Environment Perform Provincial Planning functions and administer Community Planning Act Department focused primarily on protecting environment on matters related to air, water and land (e.g. environmental impact assessments, climate change, etc.) Nova Scotia Ministry of Service Nova Scotia and Municipal Relations Local Governance Focus of Municipalities Provincial Land Use Planning Focus (e.g. Provincial Interests Statements) Newfoundland Labrador Ministry of Municipal Affairs Local Governance Focus of Municipalities Integrated Community Sustainability Plans / Administer Urban and Rural Planning Act PEI Ministry of Finance and Municipal Affairs Municipal Affairs and Provincial Planning - Local Governance Function and Provincial Planning functions Ontario Ministry of Municipal Affairs and Housing Local Government / Land Use Planning Manitoba Ministry of Local Government Municipal Finance and Advisory Services Branch (e.g. Local Governance Functions) Land Use and Development - Provincial Planning functions and administer Provincial Land Use Policies Saskatchewan Ministry of Municipal Affairs Local Governance Focus Sustainable municipal infrastructure and services Community Planning Alberta Ministry of Municipal Affairs Local Governance Focus (e.g. Municipal Sustainability Strategy) Planning and Development Branch (e.g. Provincial Planning functions and administer Provincial Land Use Policies) 9 Page
British Columbia Ministry of Community, Sport and Cultural Development Local Governance Focus - Local Government Act (e.g. municipal & planning) Provincial Planning Focus - Regional Growth Strategies & Official Community Plans Quebec Department of Municipal Affairs, Regions and Land Organization Local Plans must comply to Provincial Planning Policy and Regional Development Schemes 10 Page