The Corporation of the Town of Deep River

STATEMENT OF POLICY

(Schedule 'A' to By-law No. 6-88)

Title:	Development Proposals Procedure

Number:	D00-1

Effective Date:	October 19, 1994	Enacted as Schedule 'A'

to By-law Number 41-94

Application:	This policy applies to all physical development proposals in the Town of Deep River.

1.	Introduction

1.1	Purpose

This Guideline sets out standard procedures for the review of planning and development proposals. It is designed to assist the Municipal Clerk and Council in dealing with development applications, and to inform developers about the steps in the review process.

By following the procedures set out in this Guideline, Council should be able to acquire all of the information that it will need to make an informed decision.

1.2	Scope

The Guideline focuses on the early stages in the planning processes that govern development. Generally, this means before any public involvement as required under the Planning Act, 1983.

1.3	Contents

This document is divided into two parts: the Guideline and the Appendices. The Guideline first sets out general procedures that apply to all planning matters. This includes amendments to the Official Plan and zoning by-law, plans of sub-division, consents, site plan control and minor variance applications.

The Appendices contain supporting information. These include the Municipality's Tariff of Fees By-law, details of procedures, provincial guidelines, and samples of typical development agreements.

1.4	Effect

This Guideline is an approved policy of Council. It authorizes the Clerk to receive and begin processing applications, and to obtain the assistance or advice of the appropriate professionals and agencies.

The procedures in this Guideline are designed to deal with a normal type and scale of development, and therefore represents the minimum in terms of the level of professional involvement and the number of reviews by Council and staff.

This Guideline is subject to change as Council deems necessary, to reflect revised administrative procedures or new legislative requirements.

1.5	Principle

A basic principle for assessing any development proposal is that the submissions by the developer and his advisors shall be subject to review by municipal staff and their advisors.

1.6	Definitions

1.6.1	Clerk shall mean the Clerk-Treasurer Co-ordinator for the Town of Deep River.

1.6.2	Planning Committee shall mean the Planning Advisory Committee of the Town of Deep River.

1.6.3	County Planner shall mean the Planning department of the County of Renfrew.

1.6.4	Superintendent shall mean the Town Superintendent for the Town of Deep River.

1.6.5	Solicitor shall mean the solicitor retained by the Town of Deep River.

1.7	Interpretation

1.7.1	The terms "Land Division Committee" and "Committee of Adjustment" refer to the same group of individuals. Which term is appropriate depends on the function they are performing at the time -- considering applications to either subdivide land or allow minor variances from the zoning by-law. This policy statement uses both terms, but the group is most commonly called the Committee of Adjustment.

2.	Initial Review of all Proposals

2.1	Consultation with Clerk

Development proponents will have an initial consultation with the Clerk to determine which planning process(es) a development proposal will be required to follow.

The proponent should explain to the Clerk the general nature of the proposed development. As well, the proponent should give some details about the proposal including the location, future structures and servicing needs, and phasing or timing.

The Clerk must be satisfied that the proponent has provided sufficient information to allow a determination of the types of applications required.

The Clerk will advise the proponent that other agencies may have an interest in the matter. It is often advantageous for the proponent to contact these agencies before submitting an application.

2.2	County Planner Involvement

At this stage, the Clerk may request the County Planner to:

2.2.1	determine whether the proposal conforms to the land use planning documents;

2.2.2	outline the amendments that would be required to these documents;

2.2.3	outline other development options available based on good planning principles; or,

2.2.4	recommend the appropriate method of land division (i.e., plan of subdivision or consent) where applicable.

The cost of the County Planner's services in this regard may be added to the application fee in accordance with the Town's tariff of fees. (refer to Appendix A)

2.3	Further Action Authorized

When the necessary planning approvals have been determined, the Clerk is authorized to accept the application(s) from the proponent, and to begin the review procedure. This will involve circulation to the County Planner, Planning Committee, Superintendent, Solicitor, Chief Building Official, Police Chief, Fire Chief, or a combination of these as may be determined by the Clerk.

Council shall not give "approval in principle" or pass a "resolution of acceptance" in response to a proposal at this preliminary stage. Council will require that an application be subject to the review procedures further described herein, in order to make a proper assessment of the proposal.

3.	Changes to Official Plan and/or Zoning By-law

3.1	Application Received and Examined

An application for amendment to the Official Plan and/or Zoning By-law is filed with the Clerk. Prior to acceptance of the application, the Clerk will ensure that it is complete. The Clerk will deem an application to be complete when it includes at least the following:

3.1.1	Sufficient information to identify the property such as street name and civic addresses, or lot and registered plan number;

3.1.2	A description of the proposed land use, preferably stated in the precise terms that are defined in the Zoning By-law;

3.1.3	A description of the development in terms of residential units or number and size of commercial and industrial buildings, and the proposed number of parking spaces;

3.1.4	An explanation of how the proposal deviates from the Official Plan or Zoning By-law, making the amendment necessary.

3.1.5	A detailed sketch showing:

3.1.5.1	the parcel of land that is the subject of the application, its boundaries and dimensions;

3.1.5.2	the boundaries and dimensions of any abutting land owned by the same person;

3.1.5.3	the location of all natural and artificial features on the subject land (e.g. buildings, highways, watercourses, drainage ditches, banks, slopes, swamps, wooded areas, wells and septic tanks) and the location of any of these features on adjacent lands which may affect the application;

3.1.5.4	the use of adjoining land (residential, community facility, commercial, etc.)

3.1.5.5	the location, width and names of all easements, road allowances, rights-of-way, streets or highways within or abutting the property, indicating whether they are public travelled roads, private roads, rights-of-way or unopened road allowances.

3.2	Application Accepted

An application shall be deemed to have been made when the Clerk is satisfied that the application is complete and the appropriate fees have been paid. These fees are established under the Municipal Tariff of Fees By-law (refer to Appendix "A").

3.3	Application Forwarded to Planner

The Clerk will forward the complete application and accompanying information to both the Planning Committee and the County Planner. The County Planner will be requested either to provide comments and suggest draft amendments, or to comment on draft amendments prepared by the Clerk.

3.4	Planner Responds

The County Planner will respond within approximately 10 working days from the receipt of the request.

3.5	Planning Committee Reviews Planner's Submissions

The Planning Committee and the Clerk will review the County Planner's response. The Planning Committee may require further investigation and professional opinions from the Superintendent, Solicitor, or other agencies.

3.6	Proponent Requested to Attend Planning Committee

The Planning Committee may require the proponent to attend a meeting of the Planning Committee to explain the details of the proposal. The proponent should be prepared to explain how and why the development is in the public interest and how it is in keeping with the general land use goals and objectives of the municipality as described in the Official Plan.

3.7	Council Decides To Proceed or Refuse

The Planning Committee will recommend, and Council will determine, whether the application should proceed to a public meeting or be refused. The Clerk will notify the applicant in writing of Council's decision.

4.	Plans of Subdivision

4.1	Municipality Receives Subdivision Application

Anyone planning a subdivision development should contact the municipality prior to submitting an application to the Ministry of Municipal Affairs. This will allow the developer and the municipality to "rough out" the basic scale and pattern of development and ensure that the developer is aware of the relevant standards, such as minimum lot sizes, before committing to the expense of surveyors laying out the plan. In addition, the developer and the municipality can begin discussions on the terms of the subdivision agreement which will be required, including such matters as servicing standards and parkland dedication.

These preliminary discussions are in the best interests of both the municipality and the developer because they will avoid the extra cost and delay for the developer having to begin the design process from scratch to deal with municipal concerns.

The Ministry of Municipal Affairs has produced a guide to the subdivision process for developers called "Guide to Provincial Planning Applications." Portions of this guide are reproduced here as Appendix "B". Developers should obtain a complete copy of this guide for their own reference.

4.2	The following stages of subdivision planning exist:

4.2.1	Concept Plan - this is drawn to scale but not necessarily surveyed and shows the location of the property, basic features, and lot and street layout;

4.2.2	Preliminary Draft Plans - this is a plan which has the property boundaries surveyed and which contains all of the information required under the Planning Act for application to the Ministry of Municipal Affairs.

4.2.3	Draft Plan - this is the draft plan of subdivision circulated by the Ministry of Municipal Affairs with the "T" number applied.

The Ministry of Municipal Affairs administers the subdivision process.

4.3	Examination of the Plan

Upon receipt of a subdivision proposal, the Clerk will ensure that all information necessary for planning analysis has been included.

4.4	Request for Comments

No matter which form of subdivision plan is received, the Clerk is authorized to request comments from the Planning Committee, the County Planner, the Superintendent, Deep River Hydro, and any other appropriate authorities. These comments will deal with the appropriateness of the development, conformity with planning documents and suitability of the design.

4.5	Planning Committee Reviews Submissions

The Planning Committee and Clerk review the reports from the Superintendent and Planner.

4.6	Proponent Requested to Attend Planning Committee

Planning Committee should request the developer or developer's agent to attend a meeting of the Planning Committee. The comments received can be discussed with the proponent. The Planning Committee should involve the County Planner and /or Superintendent in the meeting if significant concerns have been identified.

The proponent may be asked to justify the timing or scale of the development and to provide some market analysis.

4.7	Council Decides on Modifications or Conditions

Once the Planning Committee is satisfied with the advice and information provided, it will make recommendations to Council on required modifications to the plan and/or conditions of draft approval. Council will make the final determination on these matters.

4.8	Municipality Advises Proponent or Ministry of Municipal Affairs

The municipal response to the submitted plan will be provided to either the proponent, in the case of a concept plan or preliminary draft, or to the Ministry of Municipal Affairs in the case of a draft plan.

4.8.1	If a concept plan is being reviewed, Council should request that the applicant follow-up by presenting a preliminary draft plan to show how the municipal interests have been addressed.

4.8.2	If a preliminary draft plan is being reviewed, Council may request to see a revised preliminary draft or may suggest that the proponent proceed to apply to the Ministry of Municipal Affairs.

4.8.3	If a draft plan of subdivision with a "T" number is being reviewed, Council should use the planning and engineering reports to respond to the draft circulation.

4.9	Subdivision Agreement

There are a number of conditions that a developer must satisfy in order to obtain draft, and ultimately final, approval of the plan of subdivision. A major condition is that the developer enter into a subdivision agreement with the municipality.

A sample agreement is attached as Appendix C to this policy statement. It will be given to the developer at the earliest possible stage in the development process in order to ensure an understanding of the kinds of issues with which the municipality is concerned. At the same time it should be made clear that this is a sample only, and the municipality reserves the right to modify, delete or add such terms as it feels are appropriate in particular cases.

The Solicitor should be involved in drafting or reviewing the agreement for a particular development. The Committee should also consider the advisability of using the Solicitor or another professional to handle the negotiations.

The Committee should also consider the need to consult the County Planner, the Superintendent, or other professionals on planning matters to be addressed in the agreement. The Superintendent's advice should also be sought on physical development matters such as drainage, servicing, construction specifications, etc.

4.10	Conditions Met

Council should be satisfied that all conditions of draft approval within the mandate of the Municipality such as road dedications, parkland dedications, zoning changes and development agreements are satisfactory, in effect, and/or registered. To achieve this, the Clerk should prepare a report for Council on the status of these matters, and obtain authorization by resolution from Council to advise the Ministry of Municipal Affairs that the conditions have been met.

4.11	Advise Plan Registered

If and when a plan of subdivision is registered, the Clerk should advise the County Planning Department of the registered plan number and the location of the plan or the draft plan ("T") number that applied to the original proposal.

5.	Consents (Severances)

5.1	Anyone planning to subdivide relatively small amounts of land by way of severance should contact the Municipality prior to submitting an application to the Land Division Committee. Applicants should review proposed severances for conformity with the Official Plan and Zoning By-Law.

5.2	Secretary Examines the Application

Upon receipt of a consent application, the Secretary of the Committee should review the information provided by the applicant for accuracy and completeness, and ensure the required fee has been paid.

5.3	Application Circulated

The Secretary sends out copies of applications for comment to the Planning Committee, the County Planner and others, as required by legislation, within approximately two weeks of receipt. The Land Division Committee may also require notice to be given to persons other than those specified in the legislation. The County Planner will respond with a planning report.

5.4	Secretary Reviews Planning Report

The Secretary should verify the factual information provided by the County Planning Department and should ensure that the planning comments and recommendations are clear. If in doubt, the Secretary should discuss the comments with the County Planner.

5.5	Council Reviews Planning Report and Secretary's Report

Council, through the Planning Advisory Committee, should be advised of any serious planning concerns regarding the application. In such case, the Planning Advisory Committee will prepare a proposed response to the application and obtain Council's endorsement or direction.

In particular, if approval is not recommended, the response should state whether Council wishes the application to be held in abeyance pending the completion of certain studies, analyses, amendments or discussions; or whether Council recommends consent be granted subject to specific conditions. Conditions must be fulfilled by the applicant within one year, after which time the application is deemed to have been refused.

5.6	Attendance at Meeting

If Council has indicated concerns about the application, a member of the Planning Committee, usually the Chairman, will attend the meeting of the Land Division Committee and present Council's response.

6.	Site Plan Control

6.1	Purpose

The purpose of site plan control is to give the municipality some control over the design, layout and features of a specific proposed development beyond the matters regulated under a zoning by-law. This control cannot be used to prevent a use that is permitted by the zoning by-law. However, a building permit cannot be issued until plans and drawings are approved by Council.

6.2	Determine Whether Proposed Use Subject to Site Plan Control

The Clerk, and/or Chief Building Official will review a development proposal or building permit application to determine whether a site plan agreement is required under the by-law which implements site plan control. This includes all development or redevelopment in the municipality except single or semi-detached residences, or development in the Undeveloped Zone.

Under the Planning Act, site plan agreements may deal with the following matters, so the proposed building should be considered with these items in mind.

6.2.1	land for widening of streets that abut the land being developed;

6.2.2	access ramps and curbs;

6.2.3	off-street parking, loading areas, and driveways;

6.2.4	walkways and pedestrian access,

6.2.5	snow removal from access ramps, driveways, parking areas and walkways,

6.2.6	grading, elevations changes, and drainage of surface water;

6.2.7	easements for services;

6.2.8	floodlighting;

6.2.9	walls, fences, hedges, and landscaping;

6.2.10	garbage storage and collection.

6.2.11	location of buildings and structures.

6.3	Advise Proponent

If site plan control applies, the Clerk will advise the developer that site plan approval is required before a building permit can be issued, and that a cash deposit is required. The deposit is returned to the developer when the building permit is issued. The developer will be provided with the Town's information pamphlet on Site Plan Control, which is attached as Appendix E.

6.4	Site Plan Submitted and Examined

The Clerk examines the Site plan that is submitted to determine whether it is complete. The Clerk also advises the Planning Committee and Council of the general nature of the development.

6.5	Review by Professional Staff

The Clerk shall advise the following staff members of the proposed development:

6.5.1	Superintendent

6.5.2	Solicitor

6.5.3	Hydro Manager

6.5.4	Chief Building Official

6.5.5	Fire Chief

6.5.6	Economic Development Director

Unless the development is very minor and uncomplicated, the Clerk will convene a meeting of the listed staff to discuss the proposal. The staff committee may also meet with the developer to discuss concerns. Further meetings may be required depending on the complexity of the development.

The Economic Development Director is included in such meetings because some developers have made that office their prime contact with the municipality. In these cases the Director will be expected to understand and interpret the site plan control requirements to the developer.

The Clerk, and if necessary the Solicitor, will prepare the first draft of the site plan agreement, and forward it to the staff committee members and the developer. This first draft will normally follow the sample agreement attached as Appendix D.

6.6	Planning Committee Reviews Agreement

The Clerk presents the draft agreement to the Planning Committee and reports on negotiations. Planning Committee determines whether to approve the agreement, approve the agreement with conditions, or require modifications to the agreement. The Committee may seek Council's determination on significant issues and this stage.

6.7	Proponent Attends Planning Committee

Planning Committee may request the proponent to attend a meeting of Planning Committee to discuss the details of the site plan. Planning Committee may also involve the Solicitor, County Planner, Superintendent or other consultants in the meeting.

6.8	Council Approval

When all the concerns of the staff committee and Planning Committee have been resolved with the developer, Planning committee shall recommend the agreement to Council for adoption. Council may approve the agreement as submitted, approve with conditions, or reject. A typical condition is for the developer to enter into one or more agreements for the provision and maintenance of facilities and works.

6.9	Registration of Agreement

The Clerk will request the Municipal Solicitor to carry out or verify the registration of the agreement against the land to which it applies.

7.	Minor Variances

7.1	Powers

The Committee of Adjustment has the responsibility for processing applications for minor variances from zoning by-laws and for extensions or changes to non-
conforming uses.

7.2	Application Submitted and Examined

The Committee's Secretary examines the application to determine whether it is complete. This would include answers to all questions on Form 1 under Regulation 447/83, an adequate sketch map, the required number of copies of the application, and the property owner's authorization.

7.3	Application Accepted

When the application is complete, the Secretary will accept it, collect the appropriate fees, and assign a file number. At this point the Secretary will determine whether or not the variance requested is simple or complex for the purpose of establishing the appropriate fee.

7.4	Notice of Application to Persons and Agencies

The Secretary shall give notice to agencies in accordance with the applicable legislation. The notice must include a brief explanation of the nature of the application. The Committee of Adjustment may also require notice to be given to persons other than those specified in the legislation.

The County Planner and the Planning Committee must be included in this notification process. The complete application and sketch should be sent to enable proper planning analysis.

7.5	Comments of the Planning Department

Where the County Planner or the Planning Committee have planning concerns, these shall be forwarded to the Committee of Adjustment in time for the required hearing. Either or both may also appear before the Committee at the hearing.

The County Planning Department or the Planning Committee will not comment when there are no planning concerns.

7.6	Committee Approves or Refuses Applications

The Committee may grant an application for variance when it is satisfied that the proposal meets the following tests:

7.6.1	the variance is minor

7.6.2	it is desirable for the appropriate development and use of the land; and

7.6.3	the general intent and purpose of the zoning by-law and of the Official Plan are maintained.

Applications relating to non-conforming uses are less common and subject to other tests as specified in the Planning Act.

In its decision the Committee may set out such terms and conditions to the approval or permission granted as it considers advisable.

Alternatively, the Committee may determine, through its analysis of the application and comments received, that the application does not meet the tests mentioned above, in which case the application would be refused.