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By-law No. 2020-055THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW No. 2020-065 BEING A BY-LAW TO REQUIRE APPLICANTS TO CONSULT WITH THE MUNICIPALITY OF BAYHAM PRIOR TO SUBMISSION OF A DEVELOPMENT APPLICATION ("PRE -CONSULTATION BY-LAW"). WHEREAS Sections 22(3.1), 34(10.0.1) and 41(3.1) of the Planning Act, RSO 1990, Chapter P.13, as amended, provides that Municipal Council may, by by-law, require an applicant to consult with the municipality before submitting a request to amend the Official Plan or before applying for an amendment to the Zoning By-law Z456-2003 or before submitting plans and drawings for site plan approval; AND WHEREAS the Municipality of Bayham Official Plan contains provisions, as in Section 8.5.1.1 and 8.5.1.2, as attached hereto as Appendix 1, requiring pre -application consultation for Official Plan Amendments, Zoning By-law Amendments and Site Plans; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it appropriate to require pre -application consultation with applicants submitting development applications to have an opportunity, in consultation with the applicant, to clarify the information and materials that the applicant may be required by the municipality to submit with the application; THEREFORE the Council of The Corporation of the Municipality of Bayham enacts as follows: 1) Definitions: "Act" shall mean Planning Act, as amended' "Applicant" shall mean: (i) a person or public body requesting Council to amend the Official Plan of The Corporation of the Municipality of Bayham under section 22 of the Act; a person or public body applying to Council to amend the Municipality of Bayham Zoning By-law Z456-2003, under section 34 of the Act; (iii) a person applying for Site Plan approval of plans and drawings under Section 41 of the Act; "Council" shall mean the Municipal Council of The Corporation of the Municipality of Bayham; "Planning Coordinator" shall mean the Planning Coordinator of The Corporation of the Municipality of Bayham "Record of Consultation" shall mean: (i) the date, or dates, that the Consultation Meeting is held; (ii) a copy of a written summary of the proposed application to amend the Official Plan, to amend the Zoning By-law, or to obtain Site Plan Approval, as the case may be; (iii) a copy of a written statement identifying the information and materials from Section 8.5.1 of the Municipality of Bayham Official Plan that may need to be submitted with an application. 2) THAT the Planning Coordinator and/or designate(s) are authorized to: (i) conduct pre -application consultations for Official Plan Amendments, Zoning By-law Amendments and Site Plans; By-law 2020-055 (ii) identify the information and material necessary for processing Official Plan Amendments, Zoning By-law Amendments and Site Plans; a. prior to submission and acceptance of a development application, as items necessary for the application to be deemed complete under the Act and Municipality of Bayham Official Plan; and, b. during the processing of development applications in cases where information and materials cannot reasonably be provided at the time of submission of the application. (iii) waive the requirement for a pre -application consultation when, in her/his opinion, it has been deemed to be unnecessary for a complete review of the application. 3) THAT an applicant shall: (i) Provide payment of pre -consultation fee, in the amount payable provided for in the Corporation of the Municipality of Bayham Rates and Fees By-law No. 2019-025, as amended, or any amending by-law, to the Municipality; (ii) deliver to the Planning Coordinator or designate(s), a written summary of the applicant's proposed application; and, (iii) include in the written summary, the location of the subject property, the current use of the property, and a short summary of the proposed application including servicing requirements and financing requirements. 4) THAT applicants shall pre -consult with municipal staff prior to submission of Official Plan Amendments, Zoning By-law Amendments and Site Plan applications in order to identify the information necessary to the processing of an application. 5) THAT the Planning Coordinator or designate(s) shall: (i) determine the written form or format of the Record of Consultation; (ii) determine whether the applicant's written summary shall be submitted at the date of the Consultation Meeting or prior to the Consultation Meeting; (iii) determine whether more information or material is required from the applicant other than the information contained in the written summary, for the purpose of conducting the Consultation Meeting; (iv) prepare a Record of Consultation; and, (v) deliver the Record of Consultation to the applicant within thirty (30) days of the date of the last consultation meeting. 6) THAT this By-law shall come into force and take effect on the day of the final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 4TH DAY OF JUNE 2020. �4 By-law 2020-055 3 Appendix 1 Municipality of Bayham Official Plan, as amended, excerpt: 8.5.1 Amendments 8.5.1.1 The Municipality may by by-law require a Pre -application Consultation meeting with an applicant prior to the submission of a complete land use planning application. The applications shall include any privately initiated planning application as provided for through the Planning Act. The purpose of the meeting is to identify the complete application requirements related to reports or background studies for land use planning matters to be addressed or considered through the land use planning application review process. 8.5.1.2 The Municipality may require reports and background studies needed to make timely and informed decisions on all land use planning matters in accordance with the requirements of the Planning Act. Background studies may include but are not limited to: • Land use planning and design; • Environmental and natural heritage; • Natural hazards; • Transportation; • Municipal servicing and infrastructure; • Cultural heritage; • Other land use planning matters arising through the pre application consultation that are of public health and safety; • Land use justification report; • Agricultural impact assessment; and/or, • Archaeological assessment. These studies will address how the land use planning application fulfills the requirements of the Provincial Policy Statement 2014 and its updates and revisions; the County of Elgin Official Plan; the Bayham Official Plan; the policies and regulations of any public agency or body having an interest in the application.