The Town of Caledon s Review Process of Niagara Escarpment Development Permit Applications

Transcription

1 The Town of Caledon s Review Process of Niagara Escarpment Development Permit Applications March 2015

2 Table of Contents Introduction 1 What Approvals Are Required? NEC Decision and Clearing Contact List 9 Note: This document is a guide developed by the Town of Caledon on how the Niagara Escarpment Commission s Development Permit system generally works and is not intended to replace any site-specific advice that the Niagara Escarpment Commission may have on the development permit process for a development proposal within the Niagara Escarpment Plan area.

3 Introduction Page 1 The purpose of this Information Package is to outline the Town of Caledon s procedures for processing Niagara Escarpment Development Applications. A portion of the lands within the Town of Caledon lie within a geographic feature known as the Niagara Escarpment, which includes a variety of topographic features and land uses that extend hundreds of kilometres and is a world biosphere. The Niagara Escarpment Planning and Development Act established a planning and regulatory process to ensure that the area would be protected. From this emerged the Niagara Escarpment Plan (NEP) which sets out land use policies for the Escarpment. The NEP is administered by the Niagara Escarpment Commission (NEC) (an agency of the Ministry of Natural Resources (MNR)) through the issuance of Niagara Escarpment Development Permits and the processing of Niagara Escarpment Plan Amendments. The purpose of a Niagara Escarpment Development Permit application review is to ensure that the proposed development is not in conflict with the Niagara Escarpment Plan or the Niagara Escarpment Planning and Development Act. Certain minor developments may not require a Development Permit. Please contact the Niagara Escarpment Commission to determine if your proposal requires a Development Permit. Niagara Escarpment Commission (NEC) 323 Guelph Street, 3 rd Floor Georgetown, ON L7G 4B1 Telephone: (905) Fax: (905) Fees The Town of Caledon is a commenting agency on most Niagara Escarpment Development Permit Applications within the Town. Please refer to the Town s Fee By-law and submit the payment in a timely manner. This payment is required prior to the Town of Caledon completing its review.

4 What Approvals Are Required? Page 2 What approvals are required? In order to determine what approvals are required for your proposed project, begin by contacting the following departments and agencies for additional information: 1. Contact the Town s Development Approval & Planning Policy, General Planning Line at ext regarding: Determining if the property lies within the limits of the Niagara Escarpment Control Area; If applicable, obtaining a Town of Caledon Information Package; Determining if the property and proposal are in a regulated area of the applicable Conservation Authority. 2. Contact the Niagara Escarpment Commission (NEC) at (905) or visit their website at to determine if your proposal requires a Development Permit and the process required in order to obtain approvals. 3. Contact the Town s Building Section at ext regarding Building Permit applications, requirements and timelines. 4. If required, contact the appropriate Conservation Authority regarding permit requirements: Toronto and Region Conservation Authority (TRCA) at Credit Valley Conservation (CVC) at Nottawasaga Valley Conservation Authority (NVCA) at

5 Page 3 (optional) Although Development Permits are submitted directly to the Niagara Escarpment Commission, the Town of Caledon s Development Approval and Planning Policy Department provides the opportunity for applicants to meet with Planning staff to discuss their proposal prior to or after submitting a Niagara Escarpment Development Permit. To request a meeting: 1. Complete the Request Form (visit our website under Planning ); 2. Attach a concept plan illustrating the proposal; 3. Submit the form and the plan to the Development Approval and Planning Policy Department. When the applicant has submitted the form and supporting material, the meeting will be arranged within 5 business days. At the meeting, Planning staff will provide the applicant with feedback regarding the proposal. Please note that all comments and direction offered by staff is preliminary and based solely on the information available at the time of the meeting. Through a review of the proposal, additional information may be identified or discussed. In addition to meeting with Town staff, applicants must also contact the Niagara Escarpment Commission (NEC) at (905) or visit their website at to discuss their proposal and satisfy NEC requirements prior to submitting a Niagara Escarpment Development Permit.

6 Page 4 If a Development Permit is required, an application form must be completed and submitted to the Niagara Escarpment Commission (NEC). The application form is available from the NEC. Please contact the NEC if you require assistance completing the form. The Town of Caledon s Role The Town of Caledon is a commenting agency on most Development Permit applications. The NEC normally circulates the application to the Town for review and comment within a prescribed period of time. Required Building Permits can be applied for at the same time and may be reviewed concurrently. However, a Building Permit will not be issued without both NEC approval and a Permit from the Conservation Authority (if applicable).

7 Page 5 When the application has been received from the NEC, the Town will create a file using the same reference file number as the NEC. A Lead Planner will be assigned to the file and the application will be circulated internally for review. The application may be circulated to the following internal departments: Development Approval and Planning Policy Department o Engineering (all applications) o Planning Law (all applications) o Heritage (if property/structure is designated) o Urban Design (if the property is a corner lot) o Building (if building permit may be required) Public Works Department o Property Standards (if fill is proposed) o Engineering Services (if a new access is proposed) In addition to the above, the Lead Planner will also review the application against the Official Plan and any other relevant documents, guidelines and by-laws. The information gathered from the comments received from internal departments and from the Official Plan will formulate the Town s response, with recommendation, to the NEC. Site Visit During the circulation period, the NEC will conduct a site visit to the property. Town of Caledon staff and other relevant ministries/agencies may also attend a site visit to determine the scope and impact of the proposed development on the surrounding natural features.

8 NEC Decision and Clearing Page 6 NEC Decision and Clearing of The Planner at the NEC prepares a report regarding the proposed development. The report describes how the application relates to the policies and Development Criteria of the Niagara Escarpment Plan, the Town s Official Plan and the comments received from other government ministries/agencies and any other parties. Applications that comply with the Niagara Escarpment Plan, etc. and are non-complex or routine may be given an NEC Director s Approval. Applications that do not comply with the Plan, etc. and are complex must be dealt with at one of the Niagara Escarpment Commission s monthly meeting. If you wish to speak at the meeting, you must advise the Commission in advance. You may also assign an agent to speak on your behalf at the Commission meeting. Whether you receive a Director s Approval or attend the Commission meeting, a notice of the decision is sent to the applicant. It is also mailed to all assessed property owners within 120 metres of the subject property and the municipalities, agencies and stakeholders that the NEC consulted regarding the proposal. Anyone receiving a copy of the decision may appeal to the Minister of Natural Resources in writing within 14 days. Note: The NEC Decision process is under the mandate of the Niagara Escarpment Commission. Please contact the Commission for clarification and questions regarding the above. Clearing If the application is approved, the Notice of Decision will list conditions. Some of the conditions will need to be fulfilled prior to the issuance of the Development Permit. Others will remain valid for as long as the Development Permit is in effect. The applicant must work with the NEC and other commenting agencies including the Town, where applicable, in order to fulfil the conditions.

9 Page 7 A Development Permit will be issued once the required conditions have been fulfilled. There will be certain conditions attached to the permit that will remain valid for the length of time that the Development Permit is in effect. Development Permits expire three years from the date of the issuance unless a valid Building Permit from the Town of Caledon is issued within the three years of the NEC decision and the development has been completed. The Development Permit applies to the land and is transferable assuming the development and site alteration plans remain the same, and the development proceeds in accordance with the permit.

10 Page 8 The Building Permit can be issued when: A Development Permit has been granted and the appeal period has lapsed; and, The Building Permit review process has been satisfactorily completed. For more information regarding the Building Permit process, please contact the Building Section at ext Please note that payment of additional fees may be required at the time of issuance of the building permit. Development Charges and Securities - Please contact the Barb Johnson, Corporate Services Department at ext

11 Contact List Page 9 Town of Caledon Old Church Road, Caledon, ON, L7C 3J6 General Planning Inquiries ext General Zoning Inquiries ext General Building Inquiries ext Niagara Escarpment Commission Guelph Street, 3 rd Floor, Georgetown, ON, L7G 4B1 Region of Peel Peel Centre Drive, Brampton, ON, L6T 4B9 Ministry of Natural Resources Aurora Office 50 Bloomington Road, Aurora, ON, L4G 0L8 Ministry of Transportation Wilson Avenue, 7 th Floor, Building D, Downsview, ON, M3M 1J8 Toronto Region Conservation Authority Shoreham Drive, Downsview, ON, M3N 1S4 Credit Valley Conservation Old Derry Road, Mississauga, ON, L5N 6R4 Nottawasaga Valley Conservation Authority John Hix Conservation Administration Centre, th Line, Utopia, ON, L0M 1T0