here - OSUM 2015
Transcription
here - OSUM 2015
Bill 73: Smart Growth for Our Communities Act, 2015 Leo F. Longo OSUM Conference and Trade Show “Building Better Communities” May 1, 2015 Bill 73 • Title of Legislation: Smart Growth for Our Communities Act, 2015. • First Reading: March 5, 2015. • The Bill amends the Development Charges Act, 1997 and the Planning Act. • Certain provisions proposed to take effect as of Royal Assent; others only later on a date to be proclaimed. • Bill permits transitional matters to be addressed by way of regulation. Government Backgrounder The proposed Planning Act changes, if passed, would: • Ensure residents are better consulted at the beginning of the planning process for new developments. • Encourage residents to provide feedback on the future of their communities. • Help municipalities resolve potential planning disputes earlier, reducing involvement of the Ontario Municipal Board in local disputes. • Extend the review of new municipal official plans to 10 years, instead of the current five-year cycle. Government Backgrounder Changes to the Development Charges Act, 1997 if passed, would: • Help municipalities recover costs for transit services and waste diversion. • Create clear reporting requirements for capital projects municipalities financed though development charges, as well as section 37 of the Planning Act related to density bonusing and parkland dedication. Planning Act Revisions Give residents a greater, more meaningful say in how their communities grow by: • Giving municipalities and community groups an enhanced tool, called the community planning permit system, to encourage an innovative way to plan and address local needs. The development of the community permit planning system would include residents and other stakeholders. • Making sure residents are involved at the beginning of the planning process and have a say in the future of their communities. Municipalities would need to set out in their official plans how and when the public would be consulted, and would also need to explain how public input affected their planning decisions. • Including citizen representatives in municipal planning advisory committees so council can benefit from their views. Planning Act Revisions Make the planning and appeals process more predictable by: • Requiring reviews of new, comprehensive municipal official plans every 10 years, instead of the current five-year cycle. • Providing municipalities with more control and stability over their planning documents. Once a municipality establishes a new official plan, it would be frozen and therefore not subject to new appeals for two years unless changes are initiated by the municipality. A community planning permit system once established by a municipality would not be subject to any appeals of private applications for five years. • Clearly defining what constitutes a minor variance (a small change from a zoning by-law). Planning Act Revisions Give municipalities more independence and make it easier to resolve disputes by: • Providing an option for an additional 90 days to resolve issues involving official plans and amendments. • Allowing more opportunities to resolve disputes locally to make it easier and more efficient to resolve disputes without going before the Ontario Municipal Board. For example, municipalities would be allowed time to engage in alternative dispute resolution and the ability to appeal some items would be removed. DCA, 1997 Revisions Help municipalities fund growth: • The amount of capital costs that municipalities can recover for transit services would be increased. • Municipalities would be allowed to recover capital costs for waste diversion. DCA, 1997 Revisions Make the development charges system more predictable, transparent and accountable: • Municipalities would be required to follow reporting requirements that reflect best practices and detail to the community how money from development charges is spent. • The government would create better reporting requirements for municipalities collecting money under section 37 of the Planning Act related to density bonusing, and related to parkland dedications, which details how the funds are spent. • Development charges would be payable at the time the first building permit was issued for a building so that developers could be certain of the cost. DCA, 1997 Revisions Predictability, transparency and accountability: • Municipalities would be required to better integrate how development charges fit with long-term planning, including local asset management plans. • The government will help municipalities identify and share their best practices on using development charges to address local planning and financial objectives. • There would be more stringent reporting and greater oversight of any funds or municipal charges on new developments that fall outside what is allowed in current legislation. DCA, 1997 Revisions Protecting and Promoting Greenspaces: • The proposed changes promote the development of compact communities that make the best use of resources. To encourage parkland and greenspace, more municipalities would need to put in place a parks plan to direct some of these resources. The plan would involve input from school boards and community members. • Municipalities would need to consider strategic development charges in different areas within their communities. “Gold Mine” for Municipalities 1) 10 year OP review 2) 5 year / 2 year appeal freeze 3) Mediation pause re: OMB record transmittal 4) Restricted appeals to OMB 5) Transit services added to DCA – no capital cost reduction “Bear Traps” for Municipalities 1) Mandated explanation of submissions on municipal decisions 2) Definition of minor variance – new “tests”? 3) “Parks plan” requirement re: use of alternative parkland standard 4) New s. 59.1 MMAH DCA investigation power 5) Stringent reporting of DC, s. 37 and parkland reserves Thank You. Leo F. Longo Partner T E 416.865.7778 llongo@airdberlis.com This content of this presentation is provided to you for informational purposes only and should not be construed as legal advice on any subject matter. Please consult a legal professional on the particular issues that concern you.