2022-58 Planning Pre-Consultation By-Law
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THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD
BY-LAW NO. 2022-58
Being a By-law to Require Consultation prior to Submission of Planning
Applications and Delegation of Authority for Completeness of Planning Applications
No amendments to date.
This by-law is printed under and by authority of the Council of the Township of Southwold.
Disclaimer: The following consolidation is an electronic reproduction made available for information only. It is not an official version of the by-law. The format may be different, and plans, pictures, other graphics, or text may be missing or altered. The Township of Southwold does not warrant the accuracy of this electronic version. This consolidation cannot be distributed or used for commercial purposes. It may be used for other purposes only if you repeat this disclaimer and the notice of copyright. Official versions of all by-laws can be obtained from the Clerk’s Department by calling 519-769-2010.
WHEREAS Sections 22(3.1), 34(10.0.1), 41(3.1) and 51(16.1) of the Planning Act R.S.O. 1990, as amended, allow municipalities to pass by-laws to require applicants to consult with the municipality prior to the submission of planning applications;
AND WHEREAS Sections 22(6.1), 34(10.4) and 51(19.1) of the Planning Act R.S.O. 1990, as amended, authorizes Council to review completeness of the planning applications;
AND WHERAS the Council of the Corporation of the Township of Southwold deems it necessary to require pre-application consultation with Owners and/or Applicants submitting planning applications;
AND WHEREAS the Council of the Corporation of the Township of Southwold has deemed it expedient to delegate certain duties of the Planning Act R.S.O. 1990, relating to completeness of Planning Applications;
THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD HEREBY ENACTS AS FOLLOWS:
Planning Pre-Application Consultation and Delegation of Authority for Completeness of Planning Applications By-law
Table of Contents
2. Pre-consultation requirements
3. Complete planning application requirements
In this By-law:
“Act” means the Planning Act, R.S.O. 1990 as amended from time to time;
“Applicant” means the Owner of the property that is the subject of Planning Act Application or the person who is authorized in writing by the Owner to make a Planning Act. Authorization is provided through declaration on the application form, which has been provided by the Township;
“Council” means the Council of the Township;
“County” means the Corporation of the County of Elgin;
“Township” means the Corporation of the Township of Southwold;
“Owner” means a person(s), corporation(s) or partnership who is the registered Owner of the relevant property, as recorded in the local registry office;
“Planner” means the Planner of the Township, that is registered in accordance with the Ontario Professional Planners Institute Act and any successors thereto;
“Planning Application” means Official Plan Amendment, Zoning By-law Amendment, Site Plan Approval, Draft Plan of Subdivision, Draft Plan of Condominium, Consent, Deeming By-law and Part-Lot Control By-law, pursuant to the Act; and any other Planning/Development matters;
“Pre-application Consultation” means Pre-consultation within this By-law;
“Pre-consultation” means the process for fulling the requirements set out in the Act and this By-law; and
“Province” means the Government of the Province of Ontario.
2. Pre-consultation Requirements
2.1. That the Owner or Applicant intending to make application to the Township of Southwold for a Planning Application be required to submit a pre-application consultation request to the Planner, prior to submitting a Planning Application.
2.2. That the Planner be authorized to identify the information and material necessary to process the Planning Application, prior to formal submission and deeming the Planning Application complete.
2.3. The Planner shall prepare a Record of Consultation and deliver it to the Applicant within the prescribed period set out in the Act of the date of the last consultation meeting.
3. Complete Planning Application Requirements
3.1. That the Owner or Applicant, with the Planning Application, shall submit the following:
3.1.1. Planning Application;
3.1.2. Required fees pursuant to the Township’s General User Fees By-law pursuant to Section 69 of the Act;
3.1.3. Record of Consultation; and
3.1.4. Reports, Studies, Drawings and any information required in the Record of Consultation.
3.2. That the Planner is authorized to deem an application complete and incomplete within the prescribed period of time set out in the Act.
3.3. That in the absence of consultation, the Planner is authorized to deem a Planning Application incomplete and refuse to accept the Planning Application until such time as the pre-application consultation is completed in accordance with Section 2 of this By-law.
4.1. Despite, Section 2.1 the Planner can waive the requirements for pre-consultation on the Planning Application, if the Planner determines that there is no need for a pre-consultation prior to the Planning Application being submitted.
5.1. Abandoned Files
5.1.1. Any pre-consultation on a Planning Application shall submit the Planning Application, within one year of the date the Record of Consultation has occurred, otherwise will be considered to be abandoned and subsequently closed by the Township.
5.1.2. The Record of Consultation shall be considered to be abandoned and subsequently closed by the Township, if:
5.1.2.1. The Province has enacted legislative changes to the Act, that established new provisions;
5.1.2.2. The Province has issued a new Provincial Policy Statement, that established new provincial policy direction;
5.1.2.3. The County has adopted a County Official Plan, that establishes new land use policy direction;
5.1.2.4. The Township has adopted an Official Plan or Official Plan Amendment, that established new land use policy directions; and
5.1.2.5. The Township has enacted a Zoning By-law or Zoning By-law Amendment, that established changes to land use regulation.
5.1.3. Upon Section 4.1.1. or Section 4.2.2. of this By-law occurring, a new pre-consultation pursuant to Section 2 of this By-law, will be required for future consideration of the Planning Application.
5.2. Fees
5.2.1. Pre-consultation may be subject to a fee as set out in the Township’s General User Fees By-law, as amended time to time.
6.1. This by-law shall come into force and take effect upon the final passing thereof.
READ A FIRST AND SECOND TIME, CONSIDERED READ A THIRD TIME AND FINALLY PASSED THIS 27th DAY OF JUNE 2022.
Mayor
Grant Jones
CAO/Clerk
Jeff Carswell
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