Module 7: Rural Development Flashcards
Define the roles of MoTI in the development approval of unorganized territory
Theyre the Ministry Approving Officers
Ensure that the subdivisions follow provincial acts and regulations, as well as bylaws
They rule on all subdivision proposals outside municipal boundaries
Must be approved by them
This means that they ensure that the subdivision follows
Provincial acts
Regulations
Bylaws
Best interests of the community are protected
under MoTI, what must the subdivision follow?
Provincial acts
Regulations
Bylaws
Best interests of the community are protected
Discuss the steps in obtaining development approval for a rural developable property
Apply and submit preliminary plans, application and required info to District
Highways Manager
MoTI reviews layout proposal
Input of other agencies sought
Field inspection
PLA is approved/approved with conditions/rejected
Conditions and servicing completed by applicant
Final plans submitted
Approving Officer signs plans
Plan is registered by applicant
Discuss the role of other agencies, including Regional Districts, as they relate to the approval process for rural lands
Source of information, context, expert advice
Regional Districts
Acts like a municipality, but with a Regional Board in place of a city council
Plays part in rezoning/passing of new bylaw
Island Trust
They have special protective legislation
To preserve and protect trust area, amenities, environment for locals
Autonomous local government similar to a Regional District
Governs through
Establishes a Islands Trust Fund
Receives money for mandate
A Board administers the fund
Trust Council
Policies, objectives
Financial management of Trust (NOT FUND)
Appoints staff
Adopts budgets
Adopts Trust Policy Statement for Trust Area
Framework for planning
Guides local level policies and planning
Ministry Approving Officers who rule on all subdivision proposals outside municipal boundaries? Meaning, as in what are some of the proposals included? What if it straddles the border of a municipality and a major provincial highway designated a controlled access highway?
MoTI
Every development proposal, including subdivision, land use, zoning, access to a highway, setback variance, utility permits requires approval of MoTI
Both approving officers must approve the development
Factors MoTI includes in their approval process?
Size and shape of lots
Adequacy of building area
Adequacy of roads, lanes and emergency access
Natural hazards, like flooding, erosion, landslides, or avalanches
Adequacy of open spaces and walkways
Preservation of natural features
Compatibility of overall development pattern with the neighbourhood
Adequacy of sewer, water and other services
Opportunity for future subdivisions
What does a Preliminary Layout Approval do?
Gives the applicant a high level of assurance that the final subdivision plan will be approved
NOT a guarantee of final approval
What is applicant required to complete in the PLA? (5)
Secure all necessary permits and approvals from appropriate agencies
Construct roads and services
Arranges for a BC Land Surveyor to prepare the final survey plans for the subdivision
Arranges for other documentation required by the PLA
(Restrictive covenants, easements or ROWs)
Get a Tax Clearance Certificate confirming that current taxes are paid
Information in Application Form for Rural Approval Process
Full legal description of property
Civil or street address
Name of owner
Address
Postal code
Telephone number
Signature
Approximate location
Type of subdivision
Number of proposed lots
If property located in the ALR?
Proposed source of water
Proposed method of sewage disposal
Other agencies that may be interested in the proposal?
Ministry of Environment (wildlife impact)
Regional Public Health Engineer (water system ok?)
Medical Health Officer (sewage discharge into ground/water?)
Director of Planning (abutting municipality?)
Regional District Planner (specific area?)
Waste Management Branch
Ministry of Tourism (heritage site?)
terms of preliminary approval?
Submission of Final Plans to be accompanied by
a current Tax Certificate together with a
basic plan examination plus
a fee per lot created by the plan and made payable in the form of a cheque to the Minister of Finance
Its only for the general layout of the subdivision and is valid for 180 days
overcoming objections does not automatically bring approval
Once PLA is complete and accepted, applicant must do what
Meet approval requirement within 180 days or apply for an extension
All surveys, engineering works design and construction must be completed to the satisfaction of the approving officer
Duration determined by Size and type of development
also includes the terms of preliminary approval
what happens when final approval is obtained?
Approving Officer will sign the subdivision plans
(Survey plans, Original, Minimum of five paper prints)
Current Tax Clearance Certificate showing all taxes have been paid
Originals of all legal documents requiring approval
Copies of permits, certificates, licenses, orders and so on
Plan examination fee
District Highways Manager
Checks that all field aspects are satisfactory and that all conditions of the PLA have been met and are acceptable
Prepares a report and forwards it with the application to the Approving Officer
Approving Officer then checks that all plans and documentation is in order, grants final approval
The survey plan is the final subdivision plan prepared by a registered BC Land Surveyor
Must contain all signatures of parties with registered interest in the land before being deposited in the LTO
Submitted within 3 months from date the survey was completed
If subdivision plans are not deposited in LTO after 2 months of approval, applicant will have to produce another Tax Clearance Certificate and pay another plan examination fee
Define a Regional District in this context
Organized territory that has not yet incorporated as a city or municipality
Function much like a municipality with a Regional Board in place of a Municipal or City Council
What does the Regional Board do?
Plays a major role in approval process OF LAND USE CHANGE APPLICATION
Especially if application involves a change of land use
Steps of Rezoning through Regional District Board
application to Regional District
Planning Division Review/Preparation of Bylaw
Circulation to Electoral Area and Municipal Director
Decision by Standing Planning Committee
Decision Ratified by Regional Board: if Denial, its closed
1st and/or 2nd reading of Bylaw
Referral to Government Agencies
PLanning Committee and Regional Board consider it; if Denial, its closed
2nd Reading
Notification of Adjacent Property Owners and Newspaper
Public Hearing
Further Planning and Regional Board Consideration
3rd Reading
Can be No, Adoption with Prerequisites
Highways Approval, Municipal Affairs Approval,
Adoption by Regional Board
What is the Islands Trust Act?
autonomous local government, with land use planning and regulatory authority similar to those of a Regional District
Islands Trust is to preserve and protect the trust area and its unique amenities and environment for the benefit of the residents of the trust area and of the Province generally
Establishes Islands Trust Fund and Board to administer the Fund
Can receive land and money to carry out mandate of preserving for future generations some of the special features of the Trust Area
Island Trust Council. Functions?
Composed of local and municipal trustees
2 trustees for each local trust area, elected for three-year terms
Any municipal council within the Trustee Area must annually appoint two of its members as municipal trustees for the Islands Trust
Functions
Establishes general policies for carrying out the objectives of the Trust
Financial management of Trust, except Trust Fund!!!
Appoints staff and auditors
Adopts annual budgets
Adopt Trust Policy Statement
Applicable to whole Trust Area
Island Trust Policy Statement functions?
Outlines general Trust Council policies that are designed to support the objectives of the Trust
Its a framework for land use planning in the Trust Area, guaranteeing compatibility between plans for the various local areas
Guides more specific plans and policies developed at the local level
Ensures plans contribute to the implementation of the broader policies for the overall Trust Area
May establish different policies for different parts of the Trust Area
What is the Executive COmmittee? How does it fit in? functions?
Composed of the Chairperson of the Islands Trust and two Vice Chairpersons
Elected for a three year term by Council from among its members
So, each local trust area elects two representatives that sit on the Islands Trust Council. Council then elects from its 26 elected members a Chair and vice chairs (Executive Committee)
Functions
Carries out daily business of the Islands Trust
Reviews all bylaws of the local Trust Committees
Reviews Official Community Plan bylaws prepared by municipalities before adoption, for compliance with the Trust objectives and Policy Statement
Acts as a local Trust Committee for parts of the Trust Area that are not currently in a local trust area or a municipality
All bylaws of the local Trust COmmittees must be submitted to the Executive Committee for approval
OR if its refused, they submit it to the Trust Council for approval
What are Local Trust Committees? Responsibilities?
There is a local Trust Committee for each island or group of islands designated in a local trust area by regulation under the Islands Trust Act.
There are probably 13 or more local Trust Committees in the Trust Area
3 members in each committee (two orally elected trustees for local trust area and member of Executive appointed by the Chair person
Responsibilities
Preparation and adoption of Official Community Plans, rural land use, zoning and subdivision bylaws
Regulation of soil removal and deposit
Authorization of permits (under Section 29 of the Local Government Act)
Role of Municipalities in Trust Area. Differences in Trust Area?
Same responsibilities for (as outside Trust Areas)
Land use planning
Regulation
Provision of municipal services
Differences
Must submit all Official Community Plan bylaws to Executive Committee for approval before adoption
If not approved, submit to Trust Council
If not approved here, forward to Minister of Municipal Affairs, Recreation and Housing for approval
Trust Fund Board. Responsibilities? Who makes up the Islands Trust Fund?
Responsibilities
Accepts, acquires and manages land, easements, covenants and money in order to preserve places of special beauty and natural value in Trust Area
Every 5 years, it prepares and submits to the Minister of Municipal Affairs, Recreation and Housing a Trust Fund Plan that establishes policies regarding the property and money of the fund
Islands Trust Fund members
Three members of the Executive Committee and three people appointed by the Minister of Municipal Affairs, Recreation and Housing
Sub Agencies
Advisory Planning Commission
They are from local community
Local election
Advises the local Trust Committee on matters referred to it
Interprets and addresses local concerns by offering local knowledge on local land use issues
Board of Variance
3 people
For each local trust area
Authorized to approve minor variations in the application of certain provisions of zoning bylaws to specific properties
Procedures taken from Local Government Act
Other instances where Ministry Approving Offerices are involved in rural development applications
Pipelines crossings relative to subdivisions
Railway crossings relative to subdivisions
Use of ALR lands
Access to controlled access highways
If considering an application for a 15-lot rural subdivision, to whom might you apply for approval for a water supply system? Assume your parcel of land is on a large stream from which you wish to remove water?
Community Water Supply Section Technician of local Water Management Branch, Ministry of Environment, Lands and Parks,
Regional Public Health Engineer,
Ministry of Health
Regional Manager,
Water Management Branch,
Ministry of Environment, Lands and Parks
All rural applications are assessed for Natural Hazards. What are they?
Erosion
Flooding
Landslides
Fires
Why is it important to register your approved subdivision plan as soon as possible?
Within the 180 of PLA approval (?)
Must submit survey plan 3 months from when it was completed
Pins may have been disturbed
Lapsed approvals require reapproval
Reapproval is viewed as a new application and any changes in legislation, requirements, increased fees etc would be applicable
