Community Planning FAQ’s
An Overview
Planning in Ontario is governed by the provincial Planning Act. The Act sets out the steps that the County must follow in planning, and requires County staff to make recommendations that will fit with provincial policies for environmental protection, the preservation of farmland, and the use of natural resources. The County is required to notify the public about planning proposals and hold public meetings to discuss these proposals.
If a member of the public considers that a planning decision needs to be re-examined, he or she can appeal the decision to the Ontario Municipal Board (OMB). If you wish to appeal to the Ontario Municipal Board, a copy of the Appellant Form is available from the Ontario Municipal Board website at www.omb.gov.on.ca or from the Clerk of the Corporation of Norfolk County.
The Appellant Form must be accompanied by the fee of $125.00 required by the Ontario Municipal Board (established by Regulation 888, R.R.O. 1990). Fees are payable by certified cheque or money order and should be made payable to the “Minister of Finance”.
How long does it take to process a planning application?
Each type of planning application has its own processing time. For example, although a complex plan of subdivision could take several months to process, minor applications take less time. The processing time for each type of application may depend on its complexity and individual issues. Requirements such as public notification; public meetings; the submission and approval of required studies supporting the proposal, all play a role in determining the processing time.
What is an offical plan amendment?
The Official Plan is the County’s blueprint for the future. It contains maps that show where residential, commercial, recreational, and industrial development can go and what areas must be protected from development. An Official Plan Amendment is a formal document that changes the County’s Official Plan. Changes may be needed because of new circumstances in the County or because of a request made by property owners.
What is the official plan amendment process?
- Council or the public initiates an amendment to the official plan.
- The proposed amendment by-law is prepared.
- Agencies are consulted.
- A public meeting is held.
- Council passes or refuses to pass by-law amendment.
- The County sends Notice of Decision.
- Any person or public body may appeal to the Ontario Municipal Board.
- If appealed, the Ontario Municipal Board holds hearing and makes final decisions.
What is a zoning By-Law?
The Zoning By-law is a regulatory document which implements the policy direction outlined in the County’s Official Plan. A Zoning By-law generally spells out how land and building may be used, where buildings and other structures may be located, and what constraints may be applicable to the development of a particular property. Significant changes to the Zoning By-law may require a Zoning By-law Amendment. Zoning by-laws are legally enforceable decisions of Council.
What is the zoning By-Law Amendment Process?
- Council or the public initiates an amendment to the zoning by-law.
- The proposed amendment by-law is prepared.
- Agencies are consulted.
- A public meeting is held.
- Council passes or refuses to pass by-law amendment.
- The County sends Notice of Decision.
- Any person or public body may appeal to the Ontario Municipal Board.
- If appealed, the Ontario Municipal Board holds hearing and makes final decisions.
What is a plan of Subdivision?
When undeveloped land is divided into lots for development, the developer must prepare a plan of subdivision, showing the position and width of roads, the size and shape of the lots, the location of schools and parks, and the availability of watermains and sewers. The County examines the plan to ensure that it will not create problems for the surrounding area. In considering approval of a Plan of Subdivision, Council must have regard to Provincial policy, the County Official Plan, the Zoning By-Law and other planning, environmental and engineering issues. Usually accompanying a plan of subdivision is a binding agreement between the subdivider and the municipality concerning the development of land. This agreement, which is registered against the land, sets out details on various matters such as servicing, road construction, and easements.
What is a plan of Subdivision Process?
- Submission of application.
- Preliminary review for compliance with County Official Plan and Provincial policies.
- Agencies consulted.
- Public Meeting is held.
- Draft approval or refusal (decision) by County Council (usually with attached conditions).
- County sends Notice of Decision.
- Any person or public body may appeal to the Ontario Municipal Board.
- Subdivision Agreement and clearing of conditions by developer.
- Final approval and Registration of Final Plan of Subdivision.
- Construction.
- Maintenance Period (Assumption).
What is a Consent?
The process required to divide a property is known as a Consent for land severance. Unlike other Planning Applications, approval of a Consent is considered by the County’s Committee of Adjustment. The Committee has the same powers as Council in considering and approving consents.
What is the Consent Process?
- Application is submitted
- Agencies are consulted
- A public meeting is held
- Application approved or refused
- The notice of decision is sent to applicant and those requesting notice
- Any person or public body may appeal to the Ontario Municipal Board
- If appealed, the Ontario Municipal Board holds hearing and makes final decision.
What is a Minor Variance?
A Minor Variance is a small, technical adjustment to the Zoning By-law. Examples of such adjustments include regulations in setbacks for buildings, decks, lot dimensions, and other similar By-law regulations. Significant adjustments to a Zoning By-law require an amendment.
What is the Minor Variance Process?
- Application is submitted
- Agencies are consulted
- A public meeting is held
- Application approved or refused
- The notice of decision is sent to applicant and those requesting notification
- Any person or public body may appeal to the Ontario Municipal Board
- If appealed, the Ontario Municipal Board holds hearing and makes final decision.
What is Site Plan Control?
Site Plan Control is a tool utilized by the County to ensure that specific development proposals meet the Official Plan and Zoning By-law objectives. Essentially, site plans approved under this process are very detailed and outline precisely how a particular property will be developed. Site Plan Approval is typically the last planning approval necessary before a Building Permit is issued. Site Plan Approval is not usually required for single unit residential development. A Site Plan Agreement is sometimes required for more complicated developments.
Summary of the Planning Process
- Pre-consultation Meeting
The owner, or representative of the owner, of a property must meet with staff from the Planning Department to discuss a possible development application. Staff will tell the owner what will be required for the proposal and whether special studies, such as environmental impact or traffic studies, will be needed. - Planning application is submitted
The owner, or a representative of the owner, submits an application to Norfolk County’s Planning Department, along with the required fees and background studies (if applicable). The owner will be given a sign which must be put up on the property. The information on the sign describes the proposed development and lists the phone number of the Planning Department, so members of the public can call for information. - Circulation of application to Agencies
The Planner sends information about the application to agencies or County Departments that may have an interest in the proposal asking for comments and any conditions that must be imposed on the development. - Preparation of Staff Report
The Planner analyzes the proposal in light of the County’s planning policies, reviews any technical studies, and considers comments submitted by agencies or the public. The Planner writes a report that incorporates all this information and recommends that Council approve, modify, or refuse the application. Letters from the public may be attached to the report to Council. - Notice of Public Meeting
The neighbouring property owners are sent a notice of public meeting inviting them to attend a Public Meeting which is held during regular County Council. - Public Meeting
At the Public Meeting, Planning Staff describe the proposal and the issues raised in the planning report. Members of the public who have registered to speak, make presentations about their concerns or support for the application. Council discusses the proposal and votes on it. - Notice of Council decision and appeal period
Anyone who has sent in comments, spoken at the Public Meeting, or have asked to be kept informed about a proposal, receives a notice of the Council’s decision. The notice includes information on how to appeal the decision to the Ontario Municipal Board, if necessary.