Basic local government tools for managing subdivision

Transcription

1 Basic local government tools for managing subdivision Bill Buholzer Local Government Management Association May 16, 2017 Basic subdivision toolkit Approving officer appointment Application fees and procedures DPs and HAPs authorizing subdivision Site profiles and opt-out contaminated sites Zoning bylaw, LUC or LSA parcel standards OCP park land dedication policies OCP highway and trail network plans Works and services standards/standard form agreements Standard forms for SRWs and covenants 1

2 Approving officer appointment Municipal officers bylaw Council resolution Use of consultant No action for damages against municipal officer LGA s. 738(1)(m) Application fees and procedures Application fees municipal bylaw LGA s. 462(1)(f) $50 + $100 per parcel in rural areas Application procedures Municipal bylaws Approving officer s procedures Applications for preliminary layout approval Referral of applications Internal External First nations Improvement district trustees 2

3 Application fees and procedures Ad hoc examinations and reports and peer reviews Riparian Areas Protection Act and RAR Third party approvals ALC, provincial approving officer Application documents as records subject to FOI Permit regimes affecting subdivision LGA s. 489(a): no subdivision in development permit area without DP, unless exemption applies LGA s. 615(1)(a): no subdivision in heritage conservation area without heritage alteration permit, unless exemption applies Timing: permit before subdivision layout approval 3

4 Site profiles contaminated sites A person is exempt from the duty to provide a site profile to a municipality or approving officer under section 40 (1) of the Act with respect to any site within a municipality if the municipality or approving officer has filed written notice with the minister that the municipality or approving officer does not wish to receive site profiles under section 40 (1) of the Act. Contaminated Sites Regulation, s. 4(4) Applications for demolition, soil removal and subdivision will no longer be triggers. This is because these activities are often not related to site redevelopment. Intentions Paper, BC Ministry of Environment, June 2016 Zoning bylaw, LUC or LSA parcel standards Zoning bylaw Shape, dimensions and area of parcels Minimum and maximum size of parcels Minimum size for parent parcel in relative residence subdivision outside ALR Minimum highway frontage LGA s. 512 (10% rule) Zoning bylaw amendments in process: timing issues Land use contract parcel standards Parcel standards under Local Services Act Subdivision Regulations (no services 1670 m 2 ) Variance of parcel standards 4

5 OCP park land dedication policies 5% rule Amount and location acceptable to the local government municipal council referral Applicant s choice of land or $$ in lieu Local government s choice if OCP has policies and designations respecting parks Reserve fund for $$ paid in lieu of park land OCP highway and trail network plans Highway access to new parcels Highway access through the subdivision to lands beyond Continuation of existing highways and highways on approved subdivision plans Highway access to water bodies highway includes a path, walkway, trail An official community plan must include statements and map designations for the area covered by the plan respecting the approximate location and phasing of any major road systems: LGA s. 473(1)(e) OCP as factual basis for A/O highway requirements 5

6 Works and services standards/standard form agreements Build off-site works before subdivision approval or enter into agreement: LGA s. 509 Standard form agreements LGMA Guide for Approving Officers, CLEBC Collected Real Estate Precedents SRWs and covenants Common s. 219 covenants hazard lands, environmentally sensitive lands, design control, no-build pending completion of services Common SRWs municipal utilities, trails Standard form agreements LGMA Guide for Approving Officers, CLEBC Collected Real Estate Precedents Execution by approving officer? 6

7 Questions? 7