Policy Manual Review Report

Policy Manual Review

RECOMMENDATION:

THAT the Committee recommends to Council that the following policies be removed from the Policy Manual:

• Policy No. P-900.13 Land Use Contracts, Support for Legislation
• Policy No. P-900.20 Approving Officer's Guidelines, Land Title Act Section 75
• Policy No. 6400-002 Development Permit Plans Guidelines
• Policy No. 6400-005 Tot Lots, Number of
• Policy No. 6400-006 Road Dedication on Rezoning
• Policy No. 6400-014 Developer's Contribution in Lieu of Development Cost Charges for Sewer Purposes within the Sewer Specified Area
• Policy No. 6400-016 Road Widening as a Condition of Subdivision and/or Development
• Policy No. 6400-017 Inventory of Trees Prior to Development
• Policy No. 6400-021 Infringement on Privacy Areas upon Development (Development Permit Requirement)
• Policy No. 6400-022 Temporary Commercial and Industrial Permits (Guidelines for processing applications under Section 975 of the Municipal Act)

DIRECTOR OF CORPORATE ADMINISTRATION'S COMMENTS:

I concur with the recommendation.

CHIEF ADMINISTRATIVE OFFICER'S COMMENTS:

I concur with the recommendation.

PURPOSE OF REPORT:

To provide a list of policies recommended for removal from the Policy Manual.

BACKGROUND:

As part of a periodic review of the Town's policies a number of deletions have been identified.

DISCUSSION:

As part of an on-going update to the Town's Policy Manual, some policies have been flagged by staff for amendments, repeal or removal from the Policy Manual. These policies have been identified as such given that they may be obsolete or unnecessary as they are covered already by Town bylaws or Provincial legislation (which would supersede municipal bylaws anyhow); are outdated with respect to current practice; or are Council resolutions that deal with an ephemeral matter and are not truly operational policies.

Schedule "A" (see attached) lists the policies for proposed repeal and the rationale for removal from the Policy Manual. As well, copies of these policies are provided for reference.

RECOMMENDATION:

THAT the Committee recommends to Council that the following policies be removed from the policy manual:

• Policy No. P-900.13 Land Use Contracts, Support for Legislation
• Policy No. P-900.20 Approving Officer's Guidelines, Land Title Act Section 75
• Policy No. 6400-002 Development Permit Plans Guidelines
• Policy No. 6400-005 Tot Lots, Number of
• Policy No. 6400-006 Road Dedication on Rezoning
• Policy No. 6400-014 Developer's Contribution in Lieu of Development Cost Charges for Sewer Purposes within the Sewer Specified Area
• Policy No. 6400-016 Road Widening as a Condition of Subdivision and/or Development
• Policy No. 6400-017 Inventory of Trees Prior to Development
• Policy No. 6400-021 Infringement on Privacy Areas upon Development (Development Permit Requirement)
• Policy No. 6400-022 Temporary Commercial and Industrial Permits (Guidelines for processing applications under Section 975 of the Municipal Act)

SUBMITTED BY: J. Crockett, Corporate Services Clerk

REVIEWED BY: S. Jones, Director of Corporate Administration

POLICIES PROPOSED FOR REPEAL FROM POLICY MANUAL

1. Policy No. P – 900.13 Land Use Contracts, Support for Legislation

This policy appears to have been a resolution of Council at a meeting and is not a true operational policy. Phased development agreements described in Part 26 of the Local Government Act have been recently permitted to address the type of need described in this 1990 policy. This policy is no longer required.

2. Policy No. P - 900.20 Approving Officer's Guidelines, Land Title Act Section 75

Requirements for waterfront access are addressed in Provincial legislation. This policy is no longer required.

3. Policy No. 6400-002 Development Permit Plans Guidelines

Submission requirements are covered in the application process outlined in Development Procedures Bylaw No. 730, 2009. This policy is no longer required.

4. Policy No. 6400-005 Tot Lots, Number of

This ephemeral policy is outdated and unclear. Park land dedication is covered in the Local Government Act – how a municipality utilizes and develops land acquired through subdivision is the decision of Council and is subject to resource availability at the time. This policy is no longer required.

5. Policy No. 6400-006 Road Dedication on Rezoning

This policy appears to have been a resolution of Council at a meeting and is not a true operational policy. Local governments are entitled to take road dedications without cost to the municipality at the time of subdivision or rezoning. This policy is no longer required.

6. Policy No. 6400-014 Developer's Contribution in Lieu of Development Cost Charges for Sewer Purposes within the Sewer Specified Area

This policy describes a type of contribution that is not permitted by legislation. This policy is no longer required.

7. Policy No. 6400-016 Road Widening as a Condition of Subdivision and/or Development

Road widening is done – the land dedicated and the road works undertaken – by the developer at the time a project is constructed. There is no legislation that allows for a cash in lieu option. This policy is no longer required.

8. Policy No. 6400-017 Inventory of Trees Prior to Development

The issue of waterfront development – including vegetation in the waterfront area – has been addressed by the Town for a number of years with the establishment of the Natural Watercourse and Shoreline Areas Development Permit system. As well, site plan requirements are covered in the application process outlined in Development Procedures Bylaw No. 730, 2009. This policy is no longer required.

9. Policy No. 6400-021 Infringement on Privacy Areas upon Development (Development Permit Requirement)

Issues of impact on adjacent properties are typically reviewed during the development permit review process (dependent upon type of development permit). If deemed necessary, a site specific variance can be considered to modify the Land Use Bylaw’s fence height requirements. The policy’s reliance on an applicant to deal with site issues well into the future (after vegetation has grown to a specific height) is neither practical nor readily enforceable. This policy is no longer required.

10. Policy No. 6400-022 Temporary Commercial and Industrial Permits (Guidelines for processing applications under Section 975 of the Municipal Act)

Submission requirements for temporary use permits are covered in the application process outlined in Development Procedures Bylaw No. 730, 2009. This policy is no longer required.