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TSYH 4530 > Module 7: Rural Development > Flashcards

Module 7: Rural Development Flashcards

1
Q

Define the roles of MoTI in the development approval of unorganized territory

A

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

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2
Q

under MoTI, what must the subdivision follow?

A

Provincial acts
Regulations
Bylaws
Best interests of the community are protected

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3
Q

Discuss the steps in obtaining development approval for a rural developable property

A

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

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4
Q

Discuss the role of other agencies, including Regional Districts, as they relate to the approval process for rural lands

A

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

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5
Q

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?

A

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

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6
Q

Factors MoTI includes in their approval process?

A

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

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7
Q

What does a Preliminary Layout Approval do?

A

Gives the applicant a high level of assurance that the final subdivision plan will be approved
NOT a guarantee of final approval

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8
Q

What is applicant required to complete in the PLA? (5)

A

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

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9
Q

Information in Application Form for Rural Approval Process

A

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

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10
Q

Other agencies that may be interested in the proposal?

A

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?)

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11
Q

terms of preliminary approval?

A

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

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12
Q

Once PLA is complete and accepted, applicant must do what

A

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

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13
Q

what happens when final approval is obtained?

A

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

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14
Q

Define a Regional District in this context

A

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

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15
Q

What does the Regional Board do?

A

Plays a major role in approval process OF LAND USE CHANGE APPLICATION
Especially if application involves a change of land use

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16
Q

Steps of Rezoning through Regional District Board

A

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

17
Q

What is the Islands Trust Act?

A

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

18
Q

Island Trust Council. Functions?

A

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

19
Q

Island Trust Policy Statement functions?

A

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

20
Q

What is the Executive COmmittee? How does it fit in? functions?

A

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

21
Q

What are Local Trust Committees? Responsibilities?

A

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)

22
Q

Role of Municipalities in Trust Area. Differences in Trust Area?

A

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

23
Q

Trust Fund Board. Responsibilities? Who makes up the Islands Trust Fund?

A

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

24
Q

Sub Agencies

A

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

25
Q

Other instances where Ministry Approving Offerices are involved in rural development applications

A

Pipelines crossings relative to subdivisions
Railway crossings relative to subdivisions
Use of ALR lands
Access to controlled access highways

26
Q

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?

A

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

27
Q

All rural applications are assessed for Natural Hazards. What are they?

A

Erosion
Flooding
Landslides
Fires

28
Q

Why is it important to register your approved subdivision plan as soon as possible?

A

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

TSYH 4530 (9 decks)

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