Report to: Development Services Committee                   Date
of Meeting: September 19, 2006

SUBJECT:                          CONDITIONAL BUILDING PERMITS

PREPARED BY:               Valerie
Shuttleworth, Director of Planning & Urban Design

RECOMMENDATION:

That Council enact the By-law
attached as Appendix “A” to amend By-law 128-93 to allow the Chief
Building Official to execute conditional permit agreements on behalf of the
Town, where Site Plan Approval is required and Site Plan
“endorsement” has been obtained.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable

1.
Purpose                2. Background         3. Discussion             4.
Financial         5. Environmental

6. Accessibility       7. Engage 21st             8. Affected Units       9. Attachment(s)

PURPOSE:

To amend Council’s delegated
authority for execution of conditional permit agreements, to align with the
recently revised site plan approval process.

BACKGROUND:

In 1993 Council enacted By-law
128-93 (see Appendix “B”) which delegated authority to execute
conditional building permit agreements on behalf of the Town to:

a)
The Town Administrator where site plan approval is
required and has not been obtained; or,

b)
The Chief Building Official where site plan approval is
not required or has been obtained.

The report presented at that time,
which explains the purpose of and terms for conditional permits, is attached as
Appendix “C”.

OPTIONS/ DISCUSSION:

Site Plan Approval Process recently changed

Committee will recall a Part A
presentation staff made regarding changes to the site plan approval process as
a result of the implications of the new Building Code legislation.  Under the new provisions site plan
approval is “applicable law” to be considered prior to issuance of
a building permit, however, site plan agreements are not “applicable
law”.  To ensure that the
Chief Building Official can not be compelled to issue a building permit prior
to execution of  a site plan
agreement (and payment of all fees and securities etc.) Committee agreed to
amend the site plan approval process so that Development Services Committee (or
the Director of Planning and Urban Design, where authority is delegated) would
“endorse” a site plan application and “site plan approval”
would not be issued until after an agreement is executed.

Authority to enter into Conditional
Building Permit
Agreements should be amended to reflect the new process

The original intent of By-Law
128-93 was to enable the earliest possible construction start while securing
the community’s interests.  To
avoid unnecessary approval delays, the by-law now needs to be amended to refer
to “endorsed” site plans, as follows:

“That authority to execute
conditional permit agreements on behalf of the Town be delegated to:

a)
The Chief Administrative Officer where site plan
approval is required and site plan endorsement has not yet
been obtained; or,

b)
The Chief Building Official where

·
site plan approval is not required; or

·
site plan approval is required and site plan
endorsement has been obtained; or

·
site plan approval has been obtained.

The current reference to the
“Town Administrator” is updated to “Chief Administrative Officer”.

FINANCIAL TEMPLATE (Separate Attachment):

Not applicable

ENVIRONMENTAL CONSIDERATIONS:

Not applicable

ACCESSIBILITY CONSIDERATIONS:

Not applicable

ENGAGE 21ST CONSIDERATIONS:

Not applicable

BUSINESS UNITS CONSULTED AND AFFECTED:

The Chief Building
official has been consulted regarding this report.

RECOMMENDED BY:

Valerie Shuttleworth, M.C.I.P., R.P.P.

Director of Planning
& Urban Design

Jim
Baird, M.C.I.P., R.P.P.

Commissioner of Development Services

ATTACHMENTS:

Appendix “A”                           Draft
By-law

Appendix “B”                           By-law
128-93

Appendix “C”                           Staff
Report, dated June, 7, 1993

Q:/development/planning/val’s
stuff/Conditional
Building Permits Report