13-27 COUNTY OF ELGIN
By-Law No. 13-27
"BEING A BY-LAW TO REQUIRE APPLICANTS TO CONSULT WITH THE
APPROVAL AUTHORITY"
WHEREAS the Council of the Corporation of the County of Elgin having an
approved Official Plan is the approval authority for Official Plan Amendments and Plans of
Subdivision/Condominium; and
WHEREAS Sections 22 (3.1) and 51 (16.1) of the Planning Act RSO 1990 as
amended provide that a Council may by by-law require applicants to consult with the
Approval Authority before submitting requests for Official Plan Amendments and Plans of
Subdivision/Condominium; and
WHEREAS, Sections 22 (5) and 51 (18) of the Planning Act RSO 1990 as
amended provide that a Council may require applicants to provide any other information
that the Council considers it may need;
NOW THEREFORE, the Council of the Corporation of the County of Elgin enacts
as follows:
1. THAT this By-Law to be referred to as the "Consultation" by-law is hereby adopted.
2. THAT prior to the submission of an application for a Plan of Subdivision/Plan of
Condominium or a County Official Plan Amendment , applicants are required to meet with
the County (Approval Authority) to determine what studies, plans and other information are
required in order to provide a "complete application" in accordance with Sections 22 and
51 of the Planning Act.
3. THAT until the approval authority has received the information as generally set out
in Section F8 of the County of Elgin Official Plan to approve a Plan of Subdivision or Plan
of Condominium or to support an application to amend the County Official Plan and any
fee under Section 69 of the Planning Act, the approval authority may refuse to accept or
further consider the application and the time period as prescribed in the Planning Act does
not begin.
4. THAT this by-law shall come into force and effect on the date of approval of the
County of Elgin Official Plan.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 12TH DAY OF
DECEMBER 2013.
M. G. McDonald, David Marr,
Chief Administrative Officer. Warden.
b) enough information to enable a person to reasonably
understand the nature of the proposal and its impacts is
available prior to any public meeting;
c) all public and agency comments have been assessed and
analyzed by staff; and,
d) their decision will appropriately balance the overall public
interest against the private interest expressed in the
application.
Proponents shall be encouraged to pre-consult with neighbouring
landowners to obtain their views before a formal application is
submitted.
The County will endeavour to consult with First Nations on
applications that will have the potential to infringe on aboriginal
treaty rights and aboriginal interests.
F8 COMPLETE APPLICATIONS
F8.1 OVERVIEW
a) This Official Plan is not a static document. Amendments to
this Plan are sometimes required, provided that the
Amendment conforms to the general intent, goals and
objectives of this Plan.
b) To ensure that Council can make an informed decision on
any Planning Act applications and in order to ensure that the
public understands the implications of the application,
technical studies are required.
c) The Planning Act, permits municipalities to set out what their
requirements are in the form of technical studies and plans
to support an application to amend the Official Plan and
approve a Plan of Subdivision or Plan of Condominium.
Once this required information has been submitted, the
application is then deemed to be "complete" in accordance
with the Planning Act, with this date being the date on which
the processing time frame in the Planning Act begins. In
addition, applicants cannot appeal a non-decision on their
application once the application is complete until the
processing time frames set out in the Planning Act have
elapsed.
County of Elgin Official Plan 93
July 20,2012
d) This section of the Official Plan is specifically intended to
implement Sections 22(5), and 51(18) of the Planning Act.
These Planning Act sections provide the basis for the
inclusion of policies on complete applications in Official
Plans. This section also implements Sections 22(3.1), and
51(16.1) of the Planning Act.
These latter sections set out the procedures to be followed when
applicants consult with the County before submitting an application
specified in this section of the Official Plan.
F8.2 MINIMUM SUBMISSIONS REQUIREMENTS
The following are the minimum submissions requirements for
Official Plan Amendment and Plan of Subdivision/Condominium
applications:
a) The minimum submission requirements for an Official Plan
Amendment in accordance with Section 22(4) of the
Planning Act are articulated in Schedule 1 of Ontario
Regulation 543/06.
b) The minimum submission requirements for a Plan of
Subdivision application as set out in Section 51(17) of the
Planning Act are articulated in Schedule 1 of Ontario
Regulation 544/06.
F8.3 SUPPLEMENTAL SUBMISSION REQUIREMENTS
a) This section lists the studies, plans or items required to
support an application for Official Plan Amendment and Plan
of Subdivision/Condominium. The determination of which
studies, plans or items are required shall be made at the pre-
consultation phase, as set out in Section F8.4. Regard
should also be had to Section F8.5, which provides some
flexibility to the County in the consideration of the types of
studies, plans or items required to support an application.
b) The following may be required to support an application for
Official Plan Amendment:
i) Land Use Planning Report;
ii) Market Impact Study;
iii) Urban Design Report;
County of Elgin Official Plan 94
July 20,2012
iv) Agricultural Impact Assessment;
v) Environmental Impact Study;
vi) Environmental Site Assessment;
vii) Master Servicing Plan;
viii) Stormwater Management Report;
ix) Servicing Study;
x) Traffic Impact Assessment;
xi) Archaeological Assessment;
xii) Cultural Heritage Impact Statement;
xiii) Land Use Compatibility Assessment;
xiv) Sub Watershed Study;
xv) Financial Impact Assessment;
xvi) Water Resource Management Report; and,
xvii) Any other studies required by the County which are
not reflected in the above list.
c) The following may be required to support an application for
Plan of Subdivision/Condominium:
i) Land Use Planning Report;
ii) Urban Design Plan;
iii) Agricultural Impact Assessment;
iv) Environmental Impact Study;
v) Stormwater Management Report;
vi) Servicing Study;
vii) Traffic Impact Assessment;
viii) Archaeological Assessment;
ix) Cultural Heritage Impact Statement;
County of Elgin Official Plan 95
July 20,2012
x) Environmental Site Assessment;
xi) Land Use Compatibility Assessment;
xii) Tree Preservation Study;
xiii) Water Resource Management Report; and,
xiv) Any of the studies required by the County which are
not reflected in the above list.
F8.4 PRE-CONSULTATION
a) Prior to the submission of an application for Official Plan
Amendment, or Plan of Subdivision/Condominium,
applicants are required to meet with the County, the local
municipality and relevant agencies to determine what
studies, plans and items are required to support an
application in accordance with this Section of the Official
Plan.
b) The details of the pre-consultation process are spelled out in
a by-law passed pursuant to Sections 22(3.1), and 51(16.1)
of the Planning Act. The intent of the pre-consultation
process is to determine the scale and scope of any required
study, plan or item with this scale and scope being
dependent on the size of the proposal, its relationship to
adjacent land uses and the type(s) of planning approval(s)
required.
F8.5 FLEXIBILITY
a) While it is the intent of the County to require the studies,
plans and items listed above in support of the applications
listed above, this section should not be interpreted as being
all-inclusive.
b) On this basis, the specific requirements for a particular
application may be modified depending on the scale of the
proposal, its location, its location in relation to other land
uses and whether the proposal implements other planning
approvals that may have been obtained prior to the
consideration of the specific application.
F8.6 QUALITY OF SUPPORTING STUDIES, PLAN OR ITEMS
All studies required by the County shall be carried out by qualified
professionals retained by and at the expense of the proponent.
County of Elgin Official Plan 96
July 20,2012
The County may require peer reviews of the studies by an
appropriate public agency or by a professional consultant retained
by the County at the proponent's expense. Alternatively, studies
may be carried out by a qualified professional retained by the
County at the expense of the proponent.
The purpose of monitoring is to evaluate the effectiveness and
relevance of the Plan in meeting the County's goals, objectives and
vision. Monitoring involves recording and appraising the
significance of events, trends and decisions in relation to the
policies of the Official Plan. Specific monitoring policies are
included throughout this Plan However, the County will also
develop indicators to assist with regular monitoring of this Plan.
As required, the County may also prepare quarterly and annual
briefings or status reports. To assist with monitoring and plan
review, the County in cooperation with local municipalities will
maintain an information system to allow for appropriate analysis of
the changes in the social, economic, environmental and
technological conditions in the County.
The number of draft approved and registered vacant lots in the
Municipality will be monitored through the development approvals
process.
F10 INTERPRETATION
F10.1 GENERAL
This Plan is a statement of policy. It is intended as a guide to
Council, however, some flexibility in interpretation may be permitted
provided that the general intent is maintained.
In accordance with the Planning Act, in the event of a conflict
between the County Official Plan and the Official Plan of a local
municipality, the County Plan prevails to the extent of the conflict.
F1 0.2 INTERPRETATION OF LAND USE DESIGNATION
BOUNDARIES
The boundaries between land uses designated on the Schedules to
this Plan are approximate except where they meet with roads,
railway lines, rivers, transmission lines, lot lines or other clearly
County of Elgin Official Plan 97
July 20, 2012