What is Site Plan Control?

What is Site Plan Control?

Understanding what Site Plan control is and how it affects YOU is the first step to getting involved.  We can help guide you through this process and even act on your behalf (as an agent).  Contact us:  www.inengineering.ca

Site Plan control is the TOOL that is used by your City or Municipality to ensure that land development is designed judiciously, is safe, functional and minimizes potential impacts on neighbouring properties.  It also makes sure that the City or Municipality’s standards for developing land are respected. 

The Site Plan Approval Agreement is a binding contract between the City or Municipality and the developer/owner. The Agreement consists of conditions of development, is required to be registered on title of the property and is a prerequisite to the building permit application process.  This may sound a little overwhelming which is where we can help you.  Contact us and let us know about your planning need.  www.inengineering.ca 

What is the Site Plan Review?

Site Plan Review refers to the process by which Cities or Municipalities approve development in accordance with the physical planning, built form and operational objectives identified within their Official Plan. Under Section 41 of the Ontario Planning Act, development within Municipalities is subject to Site Plan Control. 

The review is important.  It involves many individuals including planners, engineers, technical experts, and councillors.  Most importantly, the goal is to ensure that the development will:

• Be compatible with adjacent or nearby properties;
• Have safe and easy access for pedestrians and vehicles;
• Have adequate landscaping, parking and servicing;
• Meet specific standards of quality and appearance; and
• Be built and maintained in the manner by which the proposal was approved. 

What is the Site Plan Review Process?

• The developer/owner approaches Municipal staff with a proposal which is subject to Site Plan control (industrial, commercial, institutional, multi-residential, environmental, etc).
• Developer consults with Municipal planner.
• Developer submits the Site Plan application with required supporting information (this is an important step and having an agent act on your behalf may be the best solution for you – contact us at www.inengineering.ca  The 30 days countdown starts at this stage.
• Planner circulates the Site Plan and supporting information to senior staff and commenting agencies (conservation authority, heritage, health unit, etc.) for review and comment.
• Senior staff review the results of the consultation with the developer.  If the comments require significant alteration to the Site Plan, the developer is directed to carry out this work prior to presenting the Site Plan to Committee.  This is an important part of the process and the developer/owner may appeal this decision to Ontario Municipal Board (OMB).  
• The municipal planner presents a summary report to Committee outlining the nature of the Site Plan.  The results are circulated and revisions are included in Council’s approval.
• Council approves the Site Plan subject to the various revisions.  There are 30 days between this step and when the Site Plan control is submitted with required supporting information.
• If Council fails to approve the Site Plan within 30 days, or if the developer/owner is not satisfied with any requirements made by the Council, the developer/owner may appeal the Site Plan, including terms of the Site Plan Agreement to the OMB.
• Where there is no appeal, the Site Plan Agreement is registered on title of the property.  Once the developer/owner has signed the Site Plan Agreement, a building permit can be issued for the development.  

As discussed earlier in this article, this Agreement is a binding contract.  This means that the Site Plan Approval Agreement will be prepared and issued by the City, Municipality’s Legal Department.  The developer/owner will be provided a copy of the Agreement for their review and signature. Upon receipt of the signed Agreement, the City, Municipality’s Legal Department will register it on title of the subject lands.

At that time, the developer shall commence fulfillment of the conditions and provisions of the Agreement. Pre-permit conditions of the Site Plan Approval Agreement can in large be executed throughout the Site Plan Review process in a proactive manner, should the developer/owner wish to expedite the receipt of a Building Permit.

In conclusion, this process may sound very inconvenient and onerous.  Let IN Engineering + Surveying help you navigate through your Site Plan Control Agreement and contact us at www.inengineering.ca