Thank you for the…

Thank you for the opportunity to provide comments on the Protect Ontario by Building Fast and Smarter Act. Town staff offer the following comments on the proposed Regulations- Complete Application:

General Comments:

Staff have great concerns regarding the potential limitations imposed on the Town’s ability to request additional studies beyond those explicitly listed in the Official Plan. Currently, the Official Plan identifies specific studies that may be required as part of an application for an Official Plan Amendment, Zoning By-law Amendment, Plan of Subdivision, Consent, or Site Plan. Importantly, the Plan also includes a provision stating that "other information or material may be required by the Town, in consultation with the Region and other applicable agencies, in response to a particular development proposal."

If the bill is passed, this flexibility would be eliminated, restricting the Town to only the listed studies and granting the Province regulation-making authority that would enable the Minister of Municipal Affairs and Housing to further regulate the reports or studies required as part of a complete application. This could limit municipalities ability to request studies outside of the Official Plan which are critical for building healthy, safe and livable communities such as urban design briefs. This would significantly hinder the Town’s ability to respond appropriately to unique or unforeseen issues associated with complex development applications.

Due to the limited timelines provided to review the proposed legislative changes, the comments provided are to be considered preliminary. Further comments may be provided once staff has an opportunity to complete their review and report to Council. In the future, providing a longer comment period would be helpful for municipalities to provide meaningful comments on ERO postings of this nature. For instance, a 60-day period would be beneficial where the ERO posting review requires coordination between multiple departments. Longer comment periods also allow for municipal staff to bring the proposals to their Councils for review and consideration before comments are due. This also gives municipal staff the opportunity to provide comments which are endorsed by Council and considered final.

Limit complete application (studies/reports) requirements:

In order for staff to properly evaluate the merits of a development proposal, particularly infill development, access to additional studies such as urban design briefs, sun/shadow impact analyses, photometric lighting plans and any other studies that may be required based on the development proposal are essential. These studies provide critical insight into how a proposed development may affect the surrounding established neighborhood and how it can be appropriately integrated into the existing built environment. The Town should continue to have the ability to request these studies, without this ability, staff will be limited in conducting a comprehensive assessment of a proposal's impacts and compatibility which could lead to risks for the developer and the municipality.

Studies that should be identified as being permitted to be required by municipalities as part of a complete application

The following studies are listed in the Town’s Official Plan as supplementary information requirements for complete applications, and should continue to be required by the Town where applicable:

Land Use Planning Report

Market Impact Study

Agricultural Impact Assessment (AIA)

Hydrogeological Assessment

Stormwater Management Report

Servicing Study

Traffic Impact Assessment

Archaeological Assessment

Cultural Heritage Impact Statement

Tree Preservation Plan/Study

Environmental Site Assessment (Phase I and II)

Land Use Compatibility Assessment

Noise Impact and Vibration Study

Green Development Standards Checklist

Subwatershed Impact Study/Environmental Implementation Report

Construction Management Plan

Zoning By-law Amendment or Minor Variance approval

These studies will ensure that development proceeds in a safe manner and that impacts to the community are minimized and mitigated. They cover a wide range of potential impacts of proposed development at different stages, from initial site alteration, to construction and operation of a new built form. Successful completion of these studies provides assurance to municipalities that the proponents of development will take the appropriate measures to mitigate the impacts of their projects on surrounding land uses.

In addition to what is listed in the Town’s Official Plan, other studies are required as needed, with the same intent. For instance, photometric plans provide lighting information for Site Plan applications helping to mitigate light impact to adjacent properties, specifically where a mix of land uses are present. The light levels from industrial, commercial or institutional properties, which may be necessary to provide safe operation of a loading and unloading of products, may significantly impact an adjacent residential property. Often impact issues can be avoided through the review of lighting information and creating a standard that requires the use of light fixture that incorporate shielding.

Urban Design Briefs, as another example, provide a direct link to urban design policies found in municipal Official Plans, and Urban Design Guidelines prepared for specific studies. These policies and guidelines help ensure redevelopment projects respect, and in many cases enhance, the character of the surrounding community. They also serve to protect and conserve existing cultural heritage, including designated and listed heritage resources. Municipalities should continue to be able to require Urban Design Briefs as part of development applications in areas where Urban Design policies are already in place.

Parking justification Study

A parking justification study is another important study, though not listed in the Town’s Official Plan, may be necessary when a development proposal seeks a reduction in parking requirements. This type of study can help support the reduction by demonstrating proximity to transit or identifying unique characteristics of the development that justify a lower demand for vehicle parking. Municipalities should continue to have the authority to require a parking justification study when a development proposes fewer parking spaces than the zoning standards prescribe. This is necessary to ensure that enough parking can be provided on-site and will not create safety concerns on the adjacent roadways.

Municipalities should be able to require environmental studies where applicable to development applications, including; Environmental Impact Studies, Subwatershed Impact Studies, Hydrogeological Studies and Environmental Site Screening Questionnaires. Such studies are critical in ensuring drinking water resources, and key components of natural heritage systems are protected.

List of Certified Professionals

Staff do not anticipate impacts to the Town's complete application process from requiring that municipalities accept studies prepared by certified professionals. The assessment of submission quality is not a factor in determining whether an application is deemed complete. As such, the Town's current approach to processing complete applications would remain unchanged.

The Town recommends that reports/studies be reviewed by certified professional members from accredited organizations such as OPPI, PEO, etc. There are a number of professionals that might not be qualified under a recognized professional organization, e.g., ecological or environmental professionals and in these cases the Town suggest specifying what criteria might be required by the Province to include them as certified professionals. Should the Province proceed with certified professionals, a list of accepted certified professionals should be carefully developed in consultation with municipalities to ensure qualifications are appropriate for the complexity of the work required to be undertaken.

Staff would like the Province to confirm that the intent of this change would not preclude a municipality’s ability to review submitted studies as part of the application review process. The review process is essential  to check for accuracy and completeness. This allows the Town to protect the public interest by ensuring that local concerns and potential adverse effects are addressed and mitigated.