O. Reg. 246/01: DEVELOPMENT PERMITS, Planning Act, R.S.O. 1990, c. P.13

Planning Act
Loi sur l’aménagement du territoire

ONTARIO REGULATION 246/01

Amended to O. Reg. 608/06

DEVELOPMENT PERMITS

Historical version for the period December 27, 2006 to December 31, 2006.

Note: This Regulation is revoked on January 1, 2007. See: O. Reg. 608/06, ss. 18, 19.

This Regulation is made in English only.

Development permit system

1. The council of a local municipality listed in Schedule 1 may by by-law establish a development permit system within the municipality,

(a) for any area set out in Schedule 1; or

(b) if no area is set out in Schedule 1, for any area or areas set out in the by-law. O. Reg. 246/01, s. 1.

Conditions

2. The council of a local municipality shall not pass a development permit by-law for any area in the municipality unless, prior to the passing of the by-law, the official plan in effect in the municipality,

(a) designates the area as a proposed development permit area;

(b) sets out the scope of the authority that may be delegated and any limitations on the delegation, if the council intends to delegate any authority under the development permit by-law;

(c) contains a statement of the municipality’s objectives in proposing a development permit system for each area;

(d) sets out the types of conditions that may be included in the development permit by-law that council may impose prior to the issuance of a development permit; and

(e) for each proposed development permit area, sets out the types of criteria that may be included in the development permit by-law for determining whether any class or classes of development or use of land may be permitted by development permit. O. Reg. 246/01, s. 2.

Development permit by-law

3. (1) Section 34 of the Act and regulations made under that section apply, with necessary modifications, to the making of a development permit by-law and the by-law shall be deemed to be a by-law passed under section 34 of the Act except as set out in this Regulation. O. Reg. 246/01, s. 3 (1).

(2) A development permit by-law shall,

(a) contain a description of the area to which the by-law applies, which must be within the boundaries of a proposed development permit area designation in the official plan;

(b) set out any internal review procedures regarding decisions to issue or refuse to issue development permits;

(c) set out a list of permitted uses; and

(d) set out the manner in which notice of decisions to issue or refuse to issue development permits shall be given. O. Reg. 246/01, s. 3 (2).

(3) A development permit by-law may, in addition to the matters set out in subsection 34 (1) of the Act,

(a) prohibit any development or change of use of land unless a development permit is obtained;

(b) define uses and classes of development;

(c) exempt any defined class or classes of development or use of land from the requirement for a development permit;

(d) include criteria that council will use in determining whether to issue or refuse to issue a development permit or to impose conditions on the issuance of a development permit;

(e) set out a list of uses or classes of development that may be permitted if the criteria set out in the official plan and development permit by-law have been met;

(f) set out conditions permitted by sections 40, 41 and 42 of the Act which may be applied to defined classes of development;

(g) set out minimum and maximum standards for matters set out in paragraphs 4 and 5 of subsection 34 (1) of the Act, or a range of possible variation from the standards which may be authorized through the issuance of a development permit. O. Reg. 246/01, s. 3 (3).

(4) Despite clause (3) (f), with respect to land described in paragraphs 3, 3.1 and 3.2 of subsection 34 (1) of the Act, the development permit by-law may set out conditions that may be applied to defined uses or classes of development that are,

(a) related to the matters which would otherwise be prohibited under those paragraphs; and

(b) reasonable for the appropriate use of the land. O. Reg. 246/01, s. 3 (4).

Notice

4. In addition to the requirements set out in subsection 4 (7) of Ontario Regulation 199/96, written notice of a proposed development permit by-law shall contain,

(a) a description of the purpose and effect of the development permit system in the municipality;

(b) a description of the proposed development permit area;

(c) a statement that an appeal to the Municipal Board against a decision to issue or refuse to issue a development permit may only be made by the owner of the land to which an application relates; and

(d) a description of any internal review procedures contained in the by-law. O. Reg. 246/01, s. 4.

Non-application

5. (1) Subsections 34 (21), (30), (31), (32), (33) and (34) and section 45 of the Act do not apply to a development permit by-law. O. Reg. 246/01, s. 5 (1).

(2) Section 37 and subsections 41 (2), (3) and (13) of the Act do not apply to land subject to a development permit by-law. O. Reg. 246/01, s. 5 (2).

Commencement

6. A development permit by-law comes into force on,

(a) the day after the last day for appeals, if there are no appeals; or

(b) the day after all of the appeals are disposed of by the Municipal Board, or such later date as may otherwise be ordered by the Board. O. Reg. 246/01, s. 6.

Deemed repeal

7. On the day a development permit by-law comes into force, all by-laws passed under section 34 of the Act are deemed to be repealed with respect to the area covered by the development permit by-law. O. Reg. 246/01, s. 7.

Delegation

8. The council of a local municipality may delegate to an employee of the municipality, identified by name or position, the authority to approve or refuse applications for development permits, issue development permits, attach conditions to the approval of development permits or enter into agreements with respect to development permits, subject to such limitations as may be set out in the delegation. O. Reg. 246/01, s. 8.

Application for development permit

9. (1) An owner of land or the owner’s authorized agent may apply to the council of the municipality for a development permit with respect to land subject to a development permit by-law. O. Reg. 246/01, s. 9 (1).

(2) The application for a development permit shall contain the information and material set out in Schedule 2. O. Reg. 246/01, s. 9 (2).

(3) The council of the municipality may require such other information to be included in an application as it considers necessary. O. Reg. 246/01, s. 9 (3).

(4) Until council has received the information referred to in subsection (2) and any fee established under section 69 of the Act, it may refuse to accept or further consider an application and the time period referred to in subsection 10 (5) does not begin to run. O. Reg. 246/01, s. 9 (4); O. Reg. 78/04, s. 1 (1).

(5) The council, in determining whether a development permit is to be issued, may confer with the persons or public bodies that the council considers may have an interest in the application. O. Reg. 246/01, s. 9 (5).

(6) Section 41 of the Act and regulations made under that section apply, with necessary modifications, to an application for a development permit, except as otherwise provided in this Regulation. O. Reg. 246/01, s. 9 (6).

(7) In addition to the powers set out in clause 41 (7) (c) of the Act, as a condition to the approval of a development permit, a municipality may require the owner of land to enter into one or more agreements respecting,

(a) site alteration, including but not limited to the alteration of the grade of land and the placing or dumping of fill; and

(b) the removal of vegetation. O. Reg. 246/01, s. 9 (7).

(8) Despite subsection 41 (1) of the Act, for the purposes of this Regulation,

“development” means,

(a) the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing its size or usability,

(b) the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in subsection 168 (5) of the Municipal Act, 2001 or of sites for the location of three or more mobile homes as defined in subsection 46 (1) of the Act or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46 (1) of the Act,

(c) site alteration, including but not limited to the alteration of the grade of land and the placing or dumping of fill, or

(d) the removal of vegetation. O. Reg. 246/01, s. 9 (8); O. Reg. 78/04, s. 1 (2).

(9) Subsections 41 (6), (12) and (12.1) of the Act do not apply to an application for a development permit. O. Reg. 246/01, s. 9 (9); O. Reg. 78/04, s. 1 (3).

Conditions, appeal

10.  (1) A council may give an approval subject to such conditions as are authorized in the development permit by-law. O. Reg. 246/01, s. 10 (1).

(2) If conditions are imposed prior to the issuance of a development permit, an applicant may appeal the conditions to the Municipal Board no later than 20 days after the date notice is given of the conditions. O. Reg. 246/01, s. 10 (2).

(3) Despite subsection (2), if a development permit has not been issued, an applicant may appeal the conditions to the Municipal Board at any time prior to the issuance of a permit. O. Reg. 246/01, s. 10 (3).

(4) If council refuses to issue a development permit, the applicant may appeal the refusal to the Municipal Board no later than 20 days from the day that notice is given of the refusal. O. Reg. 246/01, s. 10 (4).

(5) If council fails to make a decision regarding an application for a development permit within 45 days of receiving the application, the applicant may appeal to the Municipal Board against the failure to make a decision. O. Reg. 246/01, s. 10 (5).

(6) An appeal to the Municipal Board may be made by filing a notice with the clerk of the municipality accompanied by the fee prescribed under the Ontario Municipal Board Act. O. Reg. 246/01, s. 10 (6).

Duties of clerk

11. If an appeal is filed under section 10, the clerk of the municipality shall forward the application and any decision of the council to the secretary of the Municipal Board within 15 days of receiving the notice of appeal. O. Reg. 246/01, s. 11.

Decision

12. (1) On an appeal under section 10, the Municipal Board shall hold a hearing and determine the matter in issue and may order that a development permit be issued, subject to such conditions as the Board may determine, or refuse to order that a permit be issued, and the decision of the Board is final. O. Reg. 246/01, s. 12 (1).

(2) If the Municipal Board orders that a development permit be issued, the council shall issue the permit but if conditions are imposed, the development permit shall not be issued until the council is satisfied that the conditions have been fulfilled. O. Reg. 246/01, s. 12 (2).

Agreements to continue

13. Every agreement entered into by a municipality under section 41 of the Act before the day a development permit by-law comes into force continues to be valid and binding. O. Reg. 246/01, s. 13.

SCHEDULE 1

1. Those lands in the City of Hamilton which are bounded to the north by the centre line of Wilson Street, to the east by the centre line of Catharine Street North and South, to the west by the centre line of James Street North and South, and to the south by the centre line of Jackson Street East.

2. Lands in the Town of Oakville in The Regional Municipality of Halton, being the land shaded in black on map numbered 211 identified by the stamp of the Registrar of Regulations on March 21, 2003 and filed with the Provincial Planning and Environmental Services Branch of the Ministry of Municipal Affairs in Toronto.

3. All lands within the Township of Lake of Bays within the following lakes and rivers and all lands which lie within 500 metres of the ordinary water’s edge of those lakes and rivers:

Lake of Bays; and the following lakes:

Allen; Angel; Axle; Bella; Benson; Big Hoover; Big Stephen; Black; (Black River and south Muskoka subwatersheds); Blue; Brooks; Buck; Burns; Camp; Campstool; Carcass; Chalk; Chub; Circular; Cooper; Cotter; Cream; Crotch; Dan; Dickie; Dotty; Doughnut; Dunn; Eastell; Echo; Fifteen Mile; Fitzell; Fleming; Flossie; Foote; Fowler; Goodman; Gosling; Grandview; Greenish; Grindstone; Grouse; Hardup; Heck; Heeney; Helve; Horse; Insula; Jerry; Jill; Lasseter; Lee; Little Clear; Little Hoover; Little Margaret; Little Pell; Longline; Loon; Lower Raft; Lower Schufelt; Mansell; Margaret; Marion; Martin; Martencamp; McEwen; McReynolds; Menominee; Mink; Moot; Mug; Nelson; North Dotty; Oxbow; Pairi (Twin)1; Pairo 2; Peeler; Pell; Peninsula; Porcupine; Raven; Rebecca; Red Chalk; Ridout; Ril; Roundabout; Sage; St. Mary/Paint; Samlet; Schufelt; Seventeen Mile (Big East River and Lake of Bays subwatersheds); Sixteen Mile; Shapter; Shoe; Slim; Sly; Solitaire; South Nelson; South Tasso; Spaniel; Splatter; Steeple; Surprise; Tackaberry; Tasso; Teapot; Three Island; Tom; Tooke; Upper Oxbow; Upper Raft; Upper Twin; Verner; Walker; Whitehouse; Wildcat; Wilson; Wolfkin; Woodbine.

Rivers:

Big East; Black; Muskoka; Oxtongue.

4. Those lands in the City of Toronto known as the Central Waterfront Planning Area, generally lying to the east of Triller Avenue and to the west of Coxwell Avenue and bounded to the south by Lake Ontario, being the lands lying within the area outlined in red on a map numbered 206 identified by the Registrar of Regulations Office on June 11, 2001 and filed with the Provincial Planning and Environmental Services Branch of the Ministry of Municipal Affairs and Housing at Toronto.

5. Those lands in the City of Waterloo, City of Cambridge, City of Kitchener, Township of North Dumfries, Township of Wilmot, Township of Woolwich and Township of Wellesley in The Regional Municipality of Waterloo, being the lands outlined in red on a map numbered 207 and more specifically identified in maps 207A-E inclusive identified by the Registrar of Regulations Office on June 11, 2001 and filed with the Provincial Planning and Environmental Services Branch of the Ministry of Municipal Affairs and Housing at Toronto.

O. Reg. 246/01, Sched. 1; O. Reg. 90/02, s. 1; O. Reg. 78/04, s. 2.

SCHEDULE 2
INFORMATION AND MATERIAL TO BE PROVIDED IN AN APPLICATION FOR APPROVAL OF A DEVELOPMENT PERMIT

1. The name, address and telephone number of the owner of the subject land, and of the agent if the applicant is an agent authorized by the owner.

2. The current land use designation of the subject land in any applicable official plan.

3. Whether a variation is requested within the provisions set out in the development permit by-law.

4. Whether the proposed use is,

i. a permitted use, or

ii. a use that may be permitted subject to criteria as set out in the development permit by-law.

5. If the answer to paragraph 3 or subparagraph 4 ii is yes, a statement regarding how applicable criteria have been addressed.

6. The description of the subject land, such as the municipality, concession and lot numbers, registered plan and lot numbers, reference plan and part numbers and name of street and number.

7. The frontage, depth and area of the subject land.

8. Whether access to the subject land is by a provincial highway, a municipal road that is maintained all year or seasonally, another public road or a right of way or by water.

9. If access to the subject land is by water only, the parking and docking facilities used or to be used and the approximate distance of these facilities from the subject land and the nearest public road.

10. The existing uses of the subject land.

11. Whether there are any buildings or structures on the subject land.

12. If the answer to paragraph 11 is yes, for each building or structure, the type of building or structure, the setback from the front lot line, rear lot line and side lot lines, the height in metres of the building or structure and the dimensions or floor area of the building or structure.

13. The proposed uses of the subject land.

14. Whether any buildings or structures are proposed to be built on the subject land.

15. If the answer to paragraph 14 is yes, for each building or structure, the type of building or structure, the setback from the front lot line, rear lot line, and side lot lines, the height in metres of the proposed building or structure and the dimensions or floor area of the building or structure.

16. Whether the proposed building or structure is within an area described in the official plan and development permit by-law as an area within which plans and drawings under subsection 41 (4) or (5) of the Act may be required.

17. One or both, as required by the development permit by-law, of,

i. plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in connection with them and of all facilities and works required under clause 41 (7) (a) of the Act, and

ii. drawings showing plan, elevation and cross-section views for each building to be erected, as required by the by-law, which drawings are sufficient to display,

A. the massing and conceptual design of the proposed building,

B. the relationship of the proposed building to adjacent buildings, streets, and exterior areas to which members of the public have access, and

C. the provision of interior walkways, stairs, elevators and escalators to which members of the public have access from streets, open spaces and interior walkways in adjacent buildings.

18. Plans and drawings referred to in paragraph 17 shall not include the layout of interior areas, other than the interior walkways, stairs, elevators and escalators referred to in subparagraph 17 ii C, the colour, texture and type of materials, window detail, construction details, architectural detail and interior design.

19. The date the subject land was acquired by the current owner, if known.

20. The date the existing buildings or structures on the subject land were constructed, if known.

21. The length of time that the existing uses of the subject land have continued, if known.

22. Whether water is provided to the subject land by a publicly owned and operated piped water system, a privately owned and operated individual or communal well, a lake or other water body or other means.

23. Whether sewage disposal is provided to the subject land by a publicly owned and operated sanitary sewage system, a privately owned and operated individual or communal septic system, a privy or other means.

24. Whether storm drainage is provided by sewers, ditches, swales or other means.

25. If known, whether the subject land has ever been the subject of an application under the Act for approval of a plan of subdivision or a consent.

26. If the answer to paragraph 25 is yes, and if known, the file number of the application and the status of the application, if known.

27. If known, whether the subject land has ever been the subject of an application under section 34 or 45 of the Act.

28. If the answer to paragraph 27 is yes, the file number of the application and the status of the application, if known.

29. A sketch showing the following:

1. The boundaries and dimensions of the subject land.

2. The location, size and type of all existing and proposed buildings and structures on the subject land, indicating the distance of the buildings or structures from the front yard lot line, rear yard lot line and the side yard lot lines.

3. The approximate location of all natural and artificial features on the subject land and on land that is adjacent to the subject land that, in the opinion of the applicant, may affect the application. Examples include buildings, railways, roads, watercourses, drainage ditches, river or stream banks, wetlands, wooded areas, wells and septic tanks.

4. The current uses on land that is adjacent to the subject land.

5. The location, width and name of any roads within or abutting the subject land, indicating whether it is an unopened road allowance, a public travelled road, a private road or a right of way.

6. If access to the subject land is by water only, the location of the parking and docking facilities to be used.

7. The location and nature of any easement or restrictive covenant affecting the subject land.

30. An affidavit or sworn declaration by the applicant that the information required under this Schedule and provided by the applicant is true.

O. Reg. 246/01, Sched. 2.