Report to: Development Services Committee Report Date: April 17, 2007

SUBJECT: Delegation of Council Approval

Ontario Heritage Act

PREPARED BY: Regan Hutcheson, Manager, Heritage Planning

RECOMMENDATION:

That pursuant to the provisions of the Ontario Heritage Act, the power to consent to alterations to property designated under the Ontario Heritage Act (Part IV or Part V) be delegated to the Manager of Heritage Planning as per the By-law attached as Appendix A to this report.

And that the By-law, attached as Appendix A be enacted by Council.

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable

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

5. Others (Environmental, Accessibility, Engage 21st, Affected Units) 6. Attachment(s)

PURPOSE:

To delegate council approval authority for alterations to properties designated under the Ontario Heritage Act to an identified municipal staff position. The resulting approval process in Markham would remain essentially unchanged from the current practice, but is an opportunity to take advantage of, and make reference to specific new provisions of the revised Heritage Act.

BACKGROUND:

Council approval required under the “old” Ontario Heritage Act

Prior to recent changes to the Ontario Heritage Act, all alterations affecting properties designated under Part IV (individually designated properties) or Part V (heritage conservation districts) were required to be considered by Council. The Act provided that proposed alterations could be approved, approved with conditions, or refused.

In Markham, to help streamline the approval process, a number of Council resolutions were passed to eliminate the need for Council approval. However, these resolutions were not specifically authorized by of the Ontario Heritage Act (at that time).

In July 1991, Council resolved that “where Heritage Markham has recommended approval of construction within their jurisdiction, that the requirement for Council approval be delegated to the Building Services Division for signs and minor alterations not subject to site plan control”. In cases where Heritage Markham does not recommend approval or suggested changes not supported by the applicant, a report is prepared for Council consideration.

In October 1991, Council passed a resolution indicating that where Heritage Markham and/or the Heritage Co-ordinator (now Manager, Heritage Planning) have recommended approval of Heritage Permits in a heritage conservation district, the Markham Heritage Estates subdivision or for an individual building designated pursuant to the Ontario Heritage Act, the requirement for Council approval shall be considered granted.

In November 1993, Council passed a resolution indicating that the requirement for Heritage Markham review and Council approval of “non-controversial” or compliant Building Permits and Heritage Permits for applications within the Thornhill, Unionville, Markham Village and Buttonville heritage conservation districts and study areas be delegated to the Commissioner or designate (Manager, Heritage Planning). In addition, the requirement for Heritage Markham review and Council approval of “non-controversial” or compliant sign permit applications in all Special Sign Districts (i.e. the heritage conservation districts) was also delegated to the Manager, Heritage Planning.

In 2002, Council delegated the authority to approve plans and drawings in respect to Site Plan Approval under the Planning Act to the Director of Planning and Urban Design for a number of applications, including those involving single and semi-detached dwellings in the defined heritage areas, and for additions and alterations for individually designated properties. In Markham, our Site Plan Agreements are also considered to be the Heritage Permit as required under the Ontario Heritage Act.

The above Council resolutions allowed staff to streamline the approval of numerous applications which were compliant with existing policies and guidelines. This prevented applicants from having to wait 4-8 weeks for a report to be prepared and presented for Council approval.

Delegation of Council consent or approval authority is now permitted by the Heritage Act

During the consultation process for changes to the Heritage Act from 2003-2005, Markham Heritage staff consistently advocated for an amendment to the Act to enable a municipal council to delegate, to either a committee or to an appointed officer of the municipality, any of council’s powers or authority identified in the Act.

Bill 60, An Act to Amend the Ontario Heritage Act, which received Royal Assent in April 2005, now permits a municipal council to delegate its consent or approval authority to a municipal employee or official. The delegated authority can be for permits related to Part IV (individually designated properties) or Part V (heritage conservation district properties). The delegation by-law may specify the alterations or classes of alterations that are delegated. Prior to enacting the by-law, Council must consult with its municipal heritage committee. See Appendix ‘B’ for the specific sections of the Ontario Heritage Act.

OPTIONS/ DISCUSSION:

Town should formalize the existing delegation approvals using the Heritage Act provisions

The objective of delegation of approval authority to a municipal staff member is primarily to streamline the approval of compliant and non-controversial applications for alteration, and to eliminate routine and administrative matters from Council’s agendas. Markham’s current approach has worked very well and resulted in:

• Greatly improved customer service by reducing waiting periods potentially from 60 days to a few days;
• A greater acceptance of heritage review due to the dispensing of unnecessary red tape; and
• Reduction in staff time spent on report preparation and processing.

The opportunity now exists to formalize the delegation of approval authority using the specific and new provisions of the Ontario Heritage Act. It is recommended that the Manager, Heritage Planning, or designate, be delegated all power respecting the granting of consents and approvals for alterations to designated properties, including the authority to attach terms and conditions (see Appendix ‘A’ for by-law). If the Manager, Heritage Planning has any concerns regarding an application, it will be forwarded to Heritage Markham for review and Council for resolution.

Similar to the Council resolution of November 1993, the by-law also removes the requirement for consultation and review with the municipal heritage committee (Heritage Markham) for alterations of Part IV designated properties and properties located within heritage conservation districts and study areas that are compliant with accepted policies and guidelines. This role is delegated to the Manager, Heritage Planning. Alteration requests may be forwarded to the municipal heritage committee for review at the discretion of the Manager, Heritage Planning.

The delegation of Council’s “heritage” approval does not relieve the applicant of the requirement to obtain other necessary approvals such as building permits or site plan approval.

Process for approval to remain basically unchanged

In Markham, we do not have a separate heritage review process. Instead, the heritage review is captured within one of three existing approval processes: Heritage Permit, Building Permit (Heritage) and Site Plan Approval (Heritage). Essentially, the application and approval process varies in relation to the magnitude of the project. Minor projects require a Heritage Permit whereas a new dwelling in a heritage conservation district requires Site Plan Approval (Heritage).

The proposed administrative process utilizing delegated approval to staff is summarized below:

1. Receipt of application for alteration to property

· Building Permit (eg. Construction of a porch)

· Heritage Permit (eg. Change to siding, painting)

· Signage Permit (eg. Commercial storefront sign)

· Site Plan Application (eg. Addition to a dwelling)

2. Circulation and Review of application by Heritage Staff

· Consultation with applicant if necessary

· Confirm compliance with policies/guidelines

3. Three Options

a) Manager, Heritage Planning consents to alteration of property (with or without terms and conditions)

· Forwards notice of consent to processor of application (i.e. for a building permit, the heritage consent would be sent to the Building Department to allow the permit to be issued once it meets any other Town requirements)

· Provides a summary of all decisions to Heritage Markham for information

b) Application is forwarded to Heritage Markham for review

(i.e. situations were there is no policy to address to situation; situations where there may be some local sensitivity; where Heritage Markham has specifically asked to see the permit, etc.)

· If supported by the Committee, Manager, Heritage Planning consents to alteration of property (with or without terms and conditions)

· If not supported by the Committee, application is forwarded to Development Services Committee and Council

c) Application is not supported by Manager, Heritage Planning

· Manager, Heritage Planning does not have the power to refuse

· Application is forwarded to Heritage Markham for review

· Application is forwarded to Development Services Committee and Council

Refusal of proposed alterations and demolition requests to be sent to Council.

Any refusals of applications to alter designated properties would still continue to follow our current practice of review and recommendation by Heritage Markham, and a staff report and recommendation to Development Services Committee and Council. The delegation of “alterations” to the Manager, Heritage Planning would not include the authority to consider applications for demolition or removals which are addressed under Parts IV and V of the Ontario Heritage Act, and where no delegation provisions apply in these circumstances.

Delegation should also include approval for grants under the Commercial Signage Replacement Program.

Staff also suggests that Council delegate authority to staff for the approval of grants for commercial signage replacement in heritage districts to help streamline the approval process. The maximum amount of grant assistance available is $1,000. At present, a staff report and Council approval is required which can take 6-8 weeks. It is recommended that upon being satisfied that the eligibility criteria and other requirements have been met and budget allocation is available for the program, the Manager, Heritage Planning be authorized to approve the grant application on behalf of Council.

The allocation of grants pursuant to the Commercial Façade Improvement Program will still require Council approval given that these projects are usually of a greater magnitude and often will require a choice between competing projects for limited funds.

Heritage Markham supports the delegation by-law

This matter was reviewed with Heritage Markham at its meeting on April 11, 2007 and the committee supports the proposed delegation by-law. Heritage Markham was assured that the committee would be informed of any staff approvals for information purposes on the next available Heritage Markham agenda.

ENGAGE 21^ST CONSIDERATIONS:

Delegation of approval authority contributes to achieving excellence in managing and delivering quality services in an efficient and expeditious manner.

BUSINESS UNITS CONSULTED AND AFFECTED:

Legal Department and Heritage Markham have been consulted.

RECOMMENDED BY:

_ _____________________________ _____________________________

Valerie Shuttleworth, MCIP, RPP Jim Baird, MCIP, RPP

Director of Planning and Urban Design Commissioner of Development Services

ATTACHMENTS:

Appendix ‘A’ Delegation By-law

Appendix ‘B’ Extracts from the Ontario Heritage Act

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