Section 5 Why Plan?

Section 5

Why Plan?

Introduction to Municipal Planning 5.1 What it is and why it is important 5.1.1

Benefits of Municipal Planning 5.1.2

Considerations 5.1.3

Challenges to anticipate 5.1.4

Municipal Planning in PEI 5.2

The Pieces 5.2.1

Legislation 5.2.2

Who does what? 5.2.3

Ministerial Approval 5.2.4

Establishing a Municipal Plan 5.3

Contents of an Official Plan 5.3.1

Steps 5.3.2

Glossary 5.4

Helpful Resources & References 5.5

Appendices 5.6

Introduction to Municipal Planning 5.1

Land use planning is becoming a familiar phrase in the cities, towns and even the predominatelyrural communities of Prince Edward Island. Although used extensively, the concept of land useplanning may at times generate confusion for the general public.. This section of the handbook isspecifically aimed at increasing the basic understanding of the principles of strategically addressingland use through zoning controls, in hopes that more of Prince Edward Island’s communities willdiscover the benefits of proper planning.

What it is and why it is important 5.1.1

Land use planning is a process that involves land users, community leaders, professionalplanners, and decision makers for the purpose of organizing a community, ensuring healthand safety as well as rejuvenating the economy. Various levels of government includingnational, provincial, regional, and municipal have over the past century, seen the benefits ofplanning. Throughout the planning process, social, physical, and economic factors are takeninto account as measures are put in place to determine what uses the land is best suited for.This process of matching human activities to the land and thus mitigating the negativeeffects of these activities on the land, aids in the maintenance of natural resources for futuregenerations.

Land, like most of our natural resources, is non-renewable. Once disturbed, land cannoteasily be returned to its natural state. For this reason, land use planning is essential toensuring that land and the resources upon it are preserved for future generations. This isechoed in The Report of the Brundtland Commission ‘Our Common Future’ in1987; “ The Earthis one but the world is not. We all depend on one biosphere for sustaining our lives. Yet each community, eachcountry, strives for survival and prosperity with little regard for its impact on others. Some consume the Earth’sresources at a rate that would leave little for future generations. Others, many more in number, consume far toolittle and live with the prospect of hunger, squalor, disease, and early death.”

As well as preserving natural resources, land use planning is beneficial to communities innumerous ways. Most importantly, planning gives residents a sense of security about whatcould possibly occur on the land around them.

There are those who believe that land use planning is the greatest power of a municipalcouncil as it impacts the use and control of land within the municipal boundaries. Moreoverthere is little doubt that the exercise of control over the use of land and buildings is one ofthe most important functions of a municipal council. A decision by council of whether ornot to permit a certain type of development in the face of considerable opposition, is one ofthe most difficult decisions any council has to make.

During the land use planning process, questions such as the following are addressed:

• Is this use appropriate for the site? If not, where is it most suited? (For example, is puttingresidential housing on prime agricultural land a good decision for future generations?)

• Are the adjacent land uses compatible? (For example, residential houses next to anindustrial development can cause hardship for the residents of the dwellings.)

• What kind of development is best for the municipality and what kind is least desired? (Forexample, large-scale industrial development would not be well suited in a serene ocean-front community.)

• What is the desired pattern of development based on ease of travel throughout thecommunity? (For example, is development causing increased numbers of disconnectedroads, creating a lack of connectivity through the community?)

• Is the community accessible to alternative modes of transportation? (For example, doresidents take their lives in their hands walking down the street or are there properlyaccessible sidewalks? Are there walking or biking trails in the community?)

• Is the economic focus of the community identified? (For example, is it a primarilycommercial, big box store, shopping, or industrial center? Is it competing withneighboring communities or does it have a unique economic focus?)

Benefits of Municipal Planning 5.1.2

Although not a requirement, the adoption of a municipal plan holds a number of advantages for acouncil. Without a municipal plan a council is relatively powerless to prevent undesirable orunaesthetic development. For example, without a municipal plan, council is relatively powerless toprevent multiple family housing being constructed in a predominantly single family housing area, orto prevent subdivisions from being developed on land which may be better suited to agriculturalpurposes. Further, without a municipal plan with zoning and subdivision regulations, councils maybe unable to direct development to areas which have already been serviced or which can easily beserviced. One potent result of not having a municipal plan is that development will occur in ahaphazard fashion which can result in increased costs of servicing in the future.

Community Vision

• Municipal Planning encourages and facilitates resident involvement in the community.This involvement can occur on various levels from the early stages of establishing theofficial plan, all the way through to the enforcement and community consultationstages. With this resident involvement, a number of positive results occur includingbut not limited to:

• Sense of Pride – By getting involved in the community, residents instill a sense of pride into it. This sense of pride has a domino effect as residents hold an increased desire to ensure the safety and cleanliness of their surroundings and the health of the community as a whole

• Focus on a single goal – Naturally, community members hold varying opinions on whatshould happen within their community. By introducing the planning process, properorganization is used when making decisions that will impact the residents of acommunity. This process introduces an organized manner of dealing with differingopinions, and can effectively emphasize the brainstorming process, helping theresidents funnel their efforts towards a common goal.

Control over changes

• By getting involved in the community planning process, those who know the area best (ie:the residents) make the decisions about the future of the community. The municipal planningprocess gives a community a sense of security about the future, as they know where they willbe in five, ten or even fifteen years (through the official plan), and the steps are in place to getthere (in the land use bylaw).

Protect Natural Resources

• Natural Resources such as agricultural land, forestry land, and natural areas are protectedthrough proper zoning in order to ensure that these precious assets are available for futuregenerations. On Prince Edward Island, our most precious resources, prime agricultural landand water, must be carefully protected and maintained since they are fixed to our mainindustries; agriculture and fishing.

Protect and Enhance Natural Beauty

• Known for its quilts of brightly colored fields of crops, the natural beauty of Prince EdwardIsland has lead to the provinces’ global popularity as a tourist destination. Unfortunately,these magnificent viewscapes are threatened by sporadic development that is occurring as aresult of un-managed land use practices. Therefore, without the protection of the Island’snatural beauty and landscape, not only are natural resources threatened, but our valuabletourist industry is vulnerable to decline.

Control over community’s economics

• By investing time and resources into a municipal plan, municipalities have the power to dealwith economic opportunities and losses in an organized manner. When a process is in place,‘on the spot’ decisions are avoided and thus decisions are made in an organized, structuredmanner. This organization is possible because the municipal planning process provides acontext for decision making, with previously identified goals and priorities as the leadingfactors, enabling an efficient and goal oriented system of resource allocation.

Residents are ‘Invested’

When residents become involved in the development and planning of their community, they notonly become more emotionally invested in their community, but economically as well as they

begin to consciously invest in local goods and services.

“Community Contract”

The municipal planning process can be thought of as a ‘community contract’, as residents identifypriorities and accept certain limitations on what they can do with their land, in exchange for

predictability, and a commitment to shared values and protection from randomness in decision making.

Desirable place to live

• Municipal planning provides the residents of a community with an opportunity to have theirfeelings and opinions addressed. Throughout the preparation process, as well as during theenforcement stage, residents are consulted and can participate in the process in various ways,with varying levels of commitment ranging from single community meetings, to sitting oncommunity councils. This public involvement demonstrates just how important localopinions and values are throughout the entire municipal planning process.

• When a community introduces planning, it puts measures in place that protect residents andprovide them with a sense of security as they possess the knowledge of what can possiblyoccur on the land around them. This knowledge of future land use practices is only providedby the security of a municipal planning process.

• Communities involved in municipal planning are attractive to potential residents for manyreasons. Not only do the public consultations throughout the planning process demonstratethat the opinions of the residents are valued, but future residents see that land use iscontrolled and predictable, and thus their best interests will be protected by the municipalplan and bylaws.

• Potential residents see a community with a municipal plan in place has pride as well as astrong sense of community, and thus it must be a desirable place to live.

Considerations 5.1.3

Consultant

• Although the purpose of this document is to provide Prince Edward Islandmunicipalities with an understanding of the importance of, and the process ofmunicipal planning, it is by no means a complete guide to the entire process. For thisreason, it is highly recommended that municipalities seek the assistance of aprofessional in the field upon entering the municipal planning process. There arevarious examples of why the experience of a professional is beneficial to municipalitiesembarking on the planning process. For example, a professional trained in the field isaware of what aspects are commonly overlooked when preparing an Official Plan andLand Use Bylaw. If a municipality is to leave a key aspect of land use out of their plan,than it sets extreme limitations on what the residents of the community can do withtheir land. (Example, if provisions for subdividing land are not included in the LandUse Bylaw, then landowners in the community are not permitted to subdivide theirland until the process of reviewing and amending the land use bylaw is completed,which can be an extensive process.)

Importance of the Official Plan over the Bylaws

• A common mistake when embarking upon a municipal planning process is focusingon the land use bylaw and overlooking the importance of the Official Plan.Alternatively, a strong Official Plan is key to a successful municipal planning processand it is crucial to ensure that its contents reflect the goals and objectives of thespecific community. Ultimately, without an Official Plan, the land use bylaw isineffective since its purpose is to implement the goals and objectives of the OfficialPlan.

Long term implementation

• Municipal planning revolves around the long term. For this reason, a municipal plan isonly successful for as long as it is enforced. Municipalities must determine if it isfeasible to devote a full time staff to take responsibility of the planning process, or if acommittee of volunteers may be a more appropriate option. If the later is the case,reliable and knowledgeable resources must be identified that can be accessedthroughout the process. Whichever method is chosen, to achieve success a thoroughprocess of implementation must be in place from the early stages.

Resources

• Although Municipal planning is mainly based upon non-tangible ideas and visions,there are a number of tangible resources which must be accounted for when preparingfor the municipal planning process. Examples of costs are: enforcement (a town staffand/or council), the consultant, meetings, advertisements, mapping, information

collection, and printing. These costs are all relevant and are basic resources which willcreate an expense to the municipality in order to provide a future benefit.

Time

• During the initial stages of the municipal planning process, time is often overlooked.Most people new to the planning process are unaware that various stages of publicconsultation can take upwards of a year if done correctly. When working with thepublic, sufficient notification is essential, and there are regulations to ensure thisnotification is given in advance. (See section 6.2.4 for provincial regulations)

Challenges to anticipate 5.1.4

Conflicting Values:

• It is common for members of a community to hold conflicting ideas and valuessurrounding various aspects of their community. These conflicts may becomediscouraging throughout the municipal planning process but in fact, conflict showsthat residents are emotionally and economically invested in the community, and thusinterested in what occurs around them. The planning process ensures a reliable andstructured method of addressing these concerns in a fair and organized manner.

Distrust:

• It is not uncommon for the general public to initially question the planning process.Often, it is not until an individual personally benefits from the regulations of planningthat one sees the advantages of having a municipal planning process in place. For thisreason, along with a history of strong connections between people and their land, theland use planning process may be met with skepticism in rural Prince Edward Islandcommunities. Residents are simply uninformed on the benefits of planning and thusinitially view it as restricting what they can do with their land. Until residents gain adeep understanding of the process, the initial sentiment towards planning is commonlydistrust.

Lack of participation:

• The typical North American lifestyle is one of great demands, with the demand onone’s time being the largest. Engaging in the municipal planning process places timedemands of varying extremes onto community members who already have full timeschedules. This can cause problems for communities initially getting involved in themunicipal planning process. To ensure high participation rates, the key is to start, andcontinue to keep the community informed throughout every step of the processespecially at the very beginning. Naturally, members of the public are less likely to getinvolved with something that they know very little about. Also, ensuring the public

The Official Plan and Bylaw – working together

• The official plan sets out the Municipality’s objectives and policies for future land use.• The bylaw is one tool used to put into effect, in a legal framework, the OP’s objectives and policies.• The bylaw manages the day to day needs of development in order to satisfy the objectives of the

official plan.• The two must be compatible documents.• The Official Plan takes precedence over the Bylaw if there is a conflict.• The bylaw may only address situations and types of development for which there is a policy in the

Official Plan.

that there are varying levels of participation and educating them on what the variousparticipation levels are and what they entail is important.

Municipal Planning in PEI 5.2

The Pieces 5.2.1

Official Plan

• An Official Plan documents the desires, goals and objectives of a municipality in the form of policies, goals and measurable objectives. The Official Plan of amunicipality is prepared with extensive resident input and is officially adopted bycouncil and approved by the minister.

Land Use Bylaw

• The Land Use Bylaw is the document that implements the goals, objectives andpolicies of the accompanying Official Plan and contains requirements that are legallyenforceable. The land use bylaw sets standards such as the use of land and the size,type and placement of buildings upon any given parcel.

.

Planning Board

• The council of a municipality may appoint a Planning Board for the purposes ofpreparing the Official Plan as well as advising council on planning issues that arise.The planning board’s powers and duties are provided by, and can be found in section9.(3)-(8) of the Planning Act.

Municipal lot size standards:

The Planning Act regulates minimum lot sizes based on various standards for the province.Minimum lot sizes are designed to ensure proper drainage, onsite sewage disposal as well as

optimal water quality.

Section 8 (1) of the Planning Act exempts municipalities with Official Plans from the majorityof the Regulations. However, all Official Plans and Bylaws must incorporate the Planning Act

Minimum Province-Wide Lot Size Standards. By exempting municipalities from provincialregulations, the municipalities have authority over lot sizes which are fully serviced.

Legislation 5.2.2

Municipalities are granted the right to control land use at the local level by the Planning Actof Prince Edward Island. Along with the Planning Act, there are various pieces of legislationand policy that set forth requirements that municipalities must meet throughout the planningprocess.

• Planning Act Minimum Requirements for Municipal Official Plans EC640/97 is theacting legislation granting municipalities power. This document must be referredto for full explanation of the content requirements of official plans.

Documents to guide general municipal operations:

• Charlottetown and Area Municipalities Act - Governs the municipalities ofCharlottetown, Stratford, and Cornwall.

• Summerside Act - Governs the municipality of Summerside.

• Municipalities Act - Governs all other municipalities.

All municipal planning documents must also comply with other provincial legislation such asbut not limited to:

• Highways Act (ie: road access. )

• Environmental Protection Act (ie: Watercourse buffers, environmentalassessments. )

• Municipal Subdivision regulations

General Future Land Use Map (GFLUM)

vs.Zoning Map

The GFLUM and zoning map are commonly mistaken for each other. To clarify, theGFLUM is a community’s desired (future) uses, demonstrated graphically, and part of

the Official Plan. It is on a large scale and thus the land use designations are quitegeneral. On the other hand, a zoning map is the actual present zoning, associated with

the Bylaw. It occurs on a parcel by parcel, specific basis.

Who does what? 5.2.3

Municipalities w ith O ff ic ial Plan/By law s are responsible for:

• All aspects of developing the Official Plan and Bylaw.

• Implementing and enforcing the Official Plan and Bylaw.

• Receiving and reviewing all subdivision and development permit applications.

• Administrative duties such as recording info, inspecting etc.

• Consultations as required (ie. Department of Environment, Highway Safety).

• Amending, updating and reviewing the official plan and bylaw on a regular basis,including:

• Text amendments

• In the form of policies in the Official Plan

• In the form of standards in the Bylaw

• Map amendments (Re-zoning)

• To the General Future Land Use Map in the Official Plan

• To the Zoning Map in the Bylaw

Municipalities w ith o u t O ff ic ial Plan/By law s and unincorporated areas:

• The Province is responsible for all approvals (ie. building permits, subdivisionpermits etc.)

• There is very little role for municipalities in the development process, asProvincial regulations do not involve a role for consultation.

• There is no zoning system in place. Approvals are completed by the province,and strictly based upon lot size, sight distance etc.

Importance of thepublic’s role...

The public’s role in themunicipal planning

process is significant.Although council makesfinal decisions when itcomes to approval anddenial of applications,council faces politicalchallenge if the public

does not support council’sdecision.

The Public’s role in the Planning Process:

Official Plan and Bylaw development

• The public is consulted throughout the early stages, often to share their vision for thecommunity. Although council is the ultimate decision maker regarding the adoption ofan Official Plan and Bylaw, this public consultation is crucial because the members ofcouncil face political challenge if the public does not support their decision.

Amendments

• Legislation ensures that the public is engaged throughoutthe Official Plan and Bylaw amendment stages, through apublic meeting prior to an amendment being made.

• Additional public input is sometimes required forvariances, changes to existing lots, re-zonings etc. throughthe method of written notification to affected residents.These regulations are set forth in the individualmunicipalities’ bylaws.

• Section 61 of the Municipalities Act also identifies that the public is to be informed by newspaper notification,

of any bylaw amendment which could influence theenjoyment of their land. This notice is to state theproposed change, as well as provide information on thecouncil meeting when the change will be considered.

General Applications

• The public has a right to know about general applications that are occurring in theircommunity. This information is normally posted on a website, or in another formwhich is accessible to the general public.

• Although public input is important, an application cannot be turned down if itmeets the provisions of the bylaw as it exists on the date of application.

Appeals

• In various circumstances, residents have the right to appeal a decision made by councilif they have sufficient evidence that the decision has affected them in a negative way orthat decisions were made that were not in compliance with the Plan or Bylaw.

Review of the Official Plan and/or Bylaw

• Every 5 years, the Official Plan and Bylaw are reviewed to ensure that the documentcontinues to reflect the community vision. When changes are made to an Official Planand/or Bylaw during the 5 year review, at minimum, a public hearing must be held in

Planning Board Facts...

The planning board is made upof a council member (sitting as

chair) and at least two othercouncil or non-council

members.

It is essential thatmunicipalities submit alist of Planning Board

members to the Provinceon a regular basis to fulfill

section 9(6) of thePlanning Act legislation.

Looking out for everyone...

Even the smallest changes can have an impact on neighboring properties. Forexample, the rezoning of a parcel of land can have negative implications on

neighboring parcels in both physical, and non-physical ways. For this reason, there areprocedures in place in the planning process that ensure no-one is negatively impacted

by a neighboring property.

order to get the public’s input. When the changes are more extensive, a larger publicconsultation is recommended.

The Planning Board and Councils’ role in the planning process:

Planning Board

• The planning board’s powers and duties are provided by, and can be found in section9.(3)-(8) of the Planning Act. In summary, these powers and duties are:

• To investigate and survey the physical, social, and economic conditions in relation tothe development of the municipality.

• To recommend to the council, for its adoption/alteration of, any policy concerningland use.

• To preform such other duties of a planningnature as may be requested by the council.

Council

• Makes decisions based upon the publicconsensus, planning board recommendations,and staff planner recommendations.

• Council may decide to delegate various tasks tomunicipal staff, and they can do so in the bylaw.Some tasks which are commonly delegated tostaff include: 1-lot subdivisions, residential andcommercial building permits under 10,000 sq ft.,minor variances, etc.

What is a developmentofficer?

The development officer of amunicipality may be the townadministrator, other staff, or

even a consultant. Thedevelopment officer is

employed by the municipalityto look after tasks such as

those listed to the right. Thedevelopment officer is

recognized by council andmust be able to keep a clear

line of communicationbetween themselves and

council. It is recommendedthat the development officernot be an elected official due

to conflict of interest resultingin the inability of the

individual to participate in thedecision making process.

The staff have a role in the following stages of the municipal planning process:

Development officer

• Take, review and charge fees for applications

• Explains the application process to residents needinginformation on developing etc.

• Provides advice to Planning Board on various planningmatters.

• Issues permits where allowed by bylaw.

• Keeps records of development and planning in themunicipality.

Municipal Affairs

• Review municipalities’ applications for minister’s approvalincluding:

• Process - Ensuring that the proper process wasfollowed (see checklists in section 6.6.1).

• Content

• Minimum Provincial Standards (ie: lot size etc. ).

• Keeping with provincial policies (see section 6.2.2).

• Providing ‘Process based’ guidance for the individualmunicipalities.

Ministerial Approval 5.2.4

Although municipalities are responsible for the process of drafting and approving anOfficial Plan and Land Use Bylaw, ministerial approval is required before the documentsbecome official. (Section 1.1 Planning Act)

After the steps outlined in Section 6.3.2 of this document are completed, the Official Planmust be approved by the minister before becoming effective. The following is an overviewof the process which is to be followed for ministerial approval of an Official Plan and Landuse bylaw.

Procedure for ministerial approval of the adoption or amendment of an OfficialPlan: (for more information see ‘Checklist for adopting planning documents that require ministerialapproval - Official Plan’ - Appendix section 6.6.1)

1. Set the date for a public meeting.

2. Place two (2) ads in a local newspaper concerning the public meeting

• first ad must be placed at least 7 ‘clear days’ before the publicmeeting

3. Hold the public meeting to allow the public to voice their concerns and have their questions answered about the proposed adoption/changes.

4. Read and adopt the Official Plan based upon a majority vote of council.

5. Submit to the minister:

• A copy of the newspaper ad notifying the public about the publicmeeting.

• A copy of the minutes showing the motion was passed by a majorityof Council.

• A copy of Council’s resolution adopting the Official Plan.

• A copy of the minutes of the public hearing.

‘Clear’ days...

When calculating the number of days between public meeting notices and the actual publicmeeting, remember that there must be serven (7) ‘clear’ days, not counting the day of the notice,

nor the day of the meeting.

Mistakes made when calculating the number of ‘clear’ days is the leading cause of municipalitiescompleting the entire amendment process over again. For this reason, carefully calculate the

number of ‘clear’ days before setting a public meeting dates and/or advertising for it.

Procedure for ministerial approval of the adoption of a zoning bylaw, or zoningbylaw and Official Plan amendments: (for more information see ‘Checklist for adoptingplanning documents that require ministerial approval - Zoning bylaw, zoning bylaw amendments andOfficial Plan amendments’ - Appendix section 6.6.1)

1. Set the date for a public meeting.

2. Place one (1) ad in a local newspaper concerning the public meeting

• ad must be placed at least 7 ‘clear days’ before the public meeting

3. Hold the public meeting to allow the public to voice their concerns and have their questions answered about the proposed adoption/changes.

4. Read and adopt the Official Plan based upon a majority vote of council on two separate occasions.

5. Submit to the minister:

• A copy of the newspaper ad notifying the public about the publicmeeting

• A copy of the minutes showing the motion was passed by amajority of Council.

• A copy of Council’s resolution adopting the bylaw

• A copy of the minutes of the public hearing.

Official Plans

As demonstrated by the mentionedpoints, Official Plans are very

extensive and address most, if notall aspects of community life.

Sample Steps...

These steps are meant todemonstrate how the process ofmunicipal planning can occur. Itis necessary that municipalities

enlist the aid of professionals inthe field to help determine a

tailored course of action for themunicipality.

Establishing a municipal plan 5.3

Contents of an Official Plan 5.3.1

Section 4.0 of Planning Act Minimum Requirements for Municipal Official PlansEC640/97 lists a summary of the technical content of an Official Plan. When preparing anofficial plan, it is in the community’s best interest to ensure the plan is based on soundtechnical data including, but not limited to:

• Regional and provincial context

• Population and other reliable demographic data

• Land use and settlement patterns

• Building activity, by type

• Municipal services, their type, level and cost

• Financial matters

• Economic, social, physical

• Environmental management problems and opportunities

• Community facilities

• Transportation

Steps 5.3.2

The process of creating and implementing a municipal plan can be simplified into threebasic steps, imagining a vision of the future, analyzing how toreach the vision, and making action plans based on theanalysis (Mount Allison University). The steps to establishinga municipal plan are flexible and thus different for everycommunity because each council meets with a professionalplanner to establish a tailored roadmap for the specificcommunities approach to the municipal planning process.Here, the municipal planning process has been broken downto demonstrate the various steps that are involved.

Seven steps to SUCCESS:

S ee… the community for what it is

Sp e c ial Co n s id e ratio n s ...

Ensure that the community is well informed, understands, and has theoption to participate in the municipal planning process which is aboutto be undertaken by the community. Without the public’s support, the

process could be quite detrimental to the cohesiveness of the plan.

U ncover… the invisible aspects of the community

C reate… short and long term goals

C onsult… previous steps to establish an action plan

E stablish… rules and regulations

S et… the wheels in motion

S tick… with it and monitor the progress

1) See the community for what it is:

What this step is all about:

The main focus in this first step is to gain a complete understanding of the community,the parts that it is comprised of, how it functions, and how it got to where it is now.Areas that are to be explored include, but are not limited to: people, land, settlementand economics.

What kinds of resources will be useful?

Maps, statistics, community profiles, photographs, interviews with community elders,public meetings, open houses or any form of information collection.

What questions are you trying to answer?

• What makes the community unique or special?

• How has the community changed with time and what events influenced thischange?

• How does the community fit into the larger context, both regional and beyond?What role does it play in these contexts?

Why this step is important…

Without a clear understanding of the community, the municipal planning process willnot function as intended, for each plan must be tailored to the individual communityfor the best results.

Sp e c ial Co n s id e ratio n s ...

This step involves working with both tangible and intangible assets,which could be based in the past, present or even perhaps the future. It

is essential to ensure that all of the varying factors are considered inorder for the municipal planning process to address the community as a

whole.

2) Uncover the intangible aspects of the community:

What is this step all about?

In addition to the tangible facts about the community that were explored in step one,the intangible aspects of the community are crucial to the municipal planning process.This step should include an inventory of the existing strengths, weaknesses, and valuesin the community. For example, a healthy environment would be a strength to thecommunity, but unemployment would be an weakness. As well, a historically significantpiece of land valued by the residents may be considered important to the community.


Residents, newspapers, previous community meetings, and discussions.


• What are the best and worst aspects of the community?

• What things should be protected or changed?

• What are the resources and constraints in the community?

• What issues and potentials need to be addressed?


This step brings forth the values of residents, which will be essential later on in theformation of a practical municipal plan. It also identifies areas within the communitywhich are lacking and therefore demonstrates the necessity of addressing them in theOfficial Plan.

Examples of short term goals:

• Establish regulations against dead-end streets.

• Increased enforcement of existingregulations.

• Establish committee on particularaspect of community life.

Examples of long term goals:

• Increase road connectivitythroughout community.

• Ensuring there are adequate parksand pedestrian trails throughout

the community.

3) Create short and long term goals


This step is about establishing a vision forthe community, and determining how itwishes to see itself in the future. It gives acontext for the development of policylater in the process by setting priorities forspending etc. By establishing short andlong term goals, everyone is clear on whatthey are aiming for which avoidsconflicting or unproductive decisionmaking.


Public input is the most important resource at this stage. A vision has to betailored to the community and without the ideas and brainstorming of theresidents, it would be a cookie cutter approach to municipal planning whichwould result in less than optimum results.


• How does the community want to evolve andwhere does it want to see itself in the future?

• What are the values and traditions that areimportant to the community?

• What kind of identity does the community want?What does it want to be remembered for?


At the end of this stage, the community will have a long-term vision that will motivateand inspire them to continue, as well as provide a necessary foundation for thefollowing steps. The vision of the community is crucial to the entire municipal planningprocess.

Ro ad m ap fo r th e c o m m un ity ...

The Official Plan is sometimes referred to as the ‘roadmap’ for acommunity. The Official Plan document thus has a significant impacton the community and should be prepared with care and backed by

reliable resources.

4) Consult previous steps to establish an Official Plan


This fourth step is about creating a framework for future decisions, ensuring thatthey are made in a focused, constructive and enduring manner. The result of this stepis an adaptable document that explains how the community intends to deal withvarious land use issues, as well as addresses both immediate and long term goals andobjectives of the community.


Professional planner and results of the previous steps.


• What accomplishments does the community want to see in 5, 10, even 15 years?

• How does the vision affect the goals, objectives, policies and actions of thecommunity?

• What items are among priorities for the community?

• How do these goals, objectives, policies and actions work together?


By establishing an official plan, the community pulls together all of the informationcollected in previous steps and puts it into an organized system of policies andprocedures which reflect the communities goals, and direct the way that thecommunity deals with development, on a grand scale.

Sp e c ialCo n s id e ratio n s ...

The consideration ofjurisdiction is a very

important factor throughoutthis step. In order for amunicipality to regulate

something, they must havejurisdiction over it, in otherwords, they must have the

legal right to exercise powerover the matter at hand.

Also, are the matters at handenforceable? Does the

municipality want to commititself to enforcing the bylaw?

Is the bylaw reasonablyenforceable and is theimplementation of it

feasible?

5) Establish rules and regulations - Land Use Bylaw (LUB)


Establishing a set of rules and regulations (in the form of bylaws) basedupon the goals and objectives of the previous step (in the form of anOfficial Plan). This step provides the community with a set of legallyenforceable rules when it comes to dealingwith land use.


Professional Planner, Official Plan, Legalassistance.


• What measures can be put in place toensure the goals and objectives of theOfficial Plan are met?

• How can the goals and objectives of theOfficial Plan be met while ensuringfairness to all land owners as well as thegeneral public?

• Is this rule/regulation feasible toimplement or is it something that wouldbe extremely difficult to monitor?

• Do we have jurisdiction to enforce thisaspect of community life?


This step is important because it contains the actions which are used toimplement the goals and objectives of the Official Plan. Without the LandUse Bylaw, the Official Plan would simply be a document full of relevant,yet ineffective goals.

6) Set the wheels in motion:


Sp e c ialCo n s id e ratio n s :

The closerelationship

between each ofthe steps of theprocess should

become quite clearby this time. Eachstep is reliant upon

the one before itand contributes tothe cohesivenessof the plan as a

whole.

Professional assistance...

The importance of acquiring the assistance of professionals in the field cannot be stressed enough.By establishing an Official Plan and Bylaw, a municipality is legally binding themselves to a set ofdocuments, and any errors or omissions in the document must go through a lengthy process of

amendment before they can be changed.

This step is about ensuring the proper measures are inplace to enforce the bylaws, which in effect ensure thegoals, and objectives of the Official Plan are achievedwith time.


Staff and Planning Committee.


• Is a permanent full time staff feasible?

• What will be needed to ensure enforcement of thebylaws?

• Who is responsible for what?

• How will we ensure public access?

• How will we record information and processapplications?

• Where will we store information (maps, files)?

• What are our fees?


This step is crucial, for without the proper measures in place to enforcethe provisions of the land use bylaw, the goals and objectives of theOfficial Plan cannot be achieved.

Sp e c ial Co n s id e ratio n s :

An amendment to an OfficialPlan or Bylaw is simply asmall change that will not

impact the community as awhole (such as the rezoning ofa particular parcel. A review isconducted at least every fiveyears, and it is a thorough

review of the documents toensure that they are still

reflecting the communities’latest goals and aspirations. If

the changes made areinsignificant, the municipalitymay choose to simply reconfirm

the existing OfficialPlan/Bylaw.

7) Stick with it and monitor the progress


Once a municipality establishes and effectivelyimplements a municipal planning process, theeasiest yet often overlooked part is to continue toenforce the measures put in place, as well asmonitor the effectiveness of the plan. To enforcethe plan, there must be various positions in place,such as a council, planning board, town staff etc.(See Section 6.2.3 for more detail).

To ensure that the Official Plan and Bylaw arecontinuing to help a community reach its goals,changes will have to be made to the documentsas the communities’ needs change. For minorupdates, amendments are sufficient, while reviewsare completed on a 5 year basis to ensure thevalidity of the documents.


Staff and Planning Committee.


• Is the municipality progressing according tothe goals and objectives of the Official Plan?

• Are the goals and objectives of the Official Plan still up to date?

• What aspects of the bylaw are successfully attaining the goals and objectives ofthe Official Plan?

• Can improvements be made and where?


Without periodical review, the Official Plan can become out of date, ineffectiveand even detrimental to the proper development of a community. They key is tokeep Official Plans as up to date and relevant to the community’s issues andconcerns as possible.

5 Ye ar Re v ie w s .....

Why do it?Change is inevitable. For this reason, it is easy to see why it is necessary for a municipality totake a close look at their Official Plan and Bylaw to see that it is still relevant with currenttrends, circumstances and changes. Although a municipalities goals and objectives may notchange, the best way to get there may. It is through this process of review that municipalofficials take a close look at how the documents have influenced the town in the past years,strengths and perhaps failures of the plan, and if the goals and objectives of the plan are evenstill relevant.

How to do it...The review of an Official Plan/Bylaw, much like the initial development of the documents,includes a great deal of public consultation and research. Data gathering is important, as thebest way to judge the effectiveness of the plan is to look at measurable factors, and comparethem to the same factors from five years before (or however many years since the lastreview). The public is an important resource as well, since they experience the changesimplemented by the documents at a grassroots level.

Ministerial approval...The ministerial approval for the review of an Official Plan/Bylaw is much the same as theprocess for the adoption of such documents (See section 6.2.4).

Considerations when conducting a review...• New issues and strengths existing in the community.• How past successes and failures can be valuable learning resources.• Do the existing goals still reflect the aspiration of the community?• Current trends and circumstances which differ from those at the time of the

implementation of the document.• Does the public regard the changes implemented by the documents as fair and

reasonable?• Is there a clear path of communication throughout the process and are there ways of

Glossary 5.4

The following is a list of words that are often associated with land useplanning, and their definitions in the land-use planning context in PrinceEdward Island:

Accessory use: A use secondary, yet pertinent to the primary use of the land.(Example, a garage is an accessory use to a residential lot.)

Amend: To make a change to a document. (Example; the re-zoning of a singleproperty would be an amendment to the zoning map in the municipal bylaw).

Bylaw: A rule used by a municipality to govern its affairs. A bylaw does not takeprecedence over higher government law. The zoning and development bylaw isbroken down into smaller bylaws that act as rules for what can and can’t occuron the land within a municipality. (Example, an associated land use bylaw couldstate how large individual lots must be.)

Developer: An individual or company whom oversees the development of a piece ofland.

Easement: A portion of land which the landowner has agreed to allow for the useof a public utility. Part of the agreement is that the landowner does notinterfere with the function of the service. (Example, sewer mains under theground at the edge of a resident’s property, or telephone poles located on thelandowners property.)

General Future Land Use Map: Part of a municipalities Official Plan whichgraphically represents what types of land use the community has decidedshould occur where. The ‘GFLUM’ is the communities' desired (future)zoning, and bylaws establish the rules that help it become a reality.

Green Space: Undeveloped land in an urban area, often belonging to themunicipality. Often designated as a park for public use.

Mixed Use: Development which combines more than one type of land use. It canbe within a single structure, or it can be a portion of land within a municipality.Mixed use is an attractive alternative to residential suburbs and retailcomplexes, for it encourages pedestrian movement since residential andcommercial/retail uses are combined in the same vicinity.

Non-conforming use: A property, which use no longer complies with the zoningoutlined in the bylaw. Commonly, these uses occur when planning isintroduced to an area and when a zoning change is made. These properties arethus permitted to maintain their existing zoning under certain stipulationswhich are set forth in the bylaw.

Official Plan: An Official Plan documents the desires, goals and objectives of amunicipality in the form of policies, goals and measurable objectives. TheOfficial Plan of a municipality is prepared with extensive resident input and isofficially adopted by council and approved by the minister.

Planning Board: A committee made up of council members, residents andprofessionals (if applicable), with the purpose of exploring issues pertaining toplanning, and to advise the chief administrator and council on the implicationsof the decisions before them.

Regional Plan: Another term for Official Plan, normally referring to a larger regionthan a smaller municipality.

Right of way: A piece of land designated for public use, whether it be for utilitiessuch as water pipes or power lines, or foot paths for public transportation.

Set back: Determined in a municipalities’ bylaw, the required minimum horizontaldistance between a structure and the property line.

Smart Growth: A conceptual form of development with a primary goal to reducethe negative long term impacts on the environment and community. Amongother factors, smart growth involves encouraging mixed use development andthus less sprawl and auto-dependency.

Sprawl: Low-density development that occurs on the edges of towns and cities. Thistype of development is highly auto-dependent, consumes valuable landresources and is typically unplanned.

Sustainability: The concept of using the land’s natural resources to provide for thepresent generation, without compromising resources for the next.

Variance: An exception to the bylaw which causes the property to no longer complywith the bylaws attached to it. Typically, variances are small administrativeexceptions approved on a cse-by-case basis. (Example, a minor decrease in therequired setback between a structure and the edge of the property.)

Zoning: The designation of land for specific purposes (ie: residential, industrial,commercial, agricultural etc.), enforced by an accompanying bylaw.

Helpful Resources & References 5.5

Dalhousie University, Cities & Environment Unity. First Nations Community Planning Model. Canada: 2000.

Hodge, Gerald. Planning Canadian Communities: An introduction to the Principles, Practice, and Participants. 3 ed. Scarborough: Nelson, 1998rd

Leung, Hok-lin. Land Use Planning Made Plain. 2 ed. Toronto: University ofnd

Toronto Press, 2003.

Mount Allison University, Rural and Small Town Programme. Stepping Forward: Discovering Community Poetential, Acting on Challenges. Canada: 1994

United Nations, Brundtland Commission. Our Common Future. Oxford University Press. 1987.

Section 5 Why Plan?

Documents

Transcript of Section 5 Why Plan?