Flashcards
Municipal Law - Plan 343
Flashcards do conjunto (120)
- 1What do planning initiatives affect?1. private property
2. Individuals rights to be free
3. property values - 2reasons to not support planning initiatives.1. is the issue of such importance that an initiative is necessary
2. limited role for government
3. disagree with particular initiative
4. doubt city hall can so anything right
5. some ppl negatively affected (can do or develop something)
6. impacts potential values - 3Who does the legal system limit in terms of authority?local government
- 4The legal system does not consider the merits of a particular planning initiative but rather it considers:1. whether the municipality has legal authority
2. whether the municipality has interpreted the statutory powers correctly
3. whether its a proportional intervention
4. whether appropriate processes were followed - 5what are the 4 key steps in implementing to adopting plans?1. planning theory/ best practices
2. local history & market realities
3. community values
4. legal requirements - 6What assigns responsibility over local matters and municipal institutions to the provinces?the constitution
- 7any powers that a municipality has must be provided through what?provincial legislation
- 8provinces will continue to supervise municipal authority in order to promote __________ objectivesprovincial
- 9key points about municipalities: - who are they creatures of? - who places limits on them? - what can't they regulate? - what must they protect?1. creatures of the province
2. can only do things the provinces allow them to do
3. can't regulate areas under federal jurisdiction
4. they must protect personal tights and freedoms under the charter of rights - 10what does provincial legislation define a municipal purpose as?the pursuit of local priorities
- 11in section 4 of the Cities Act, what is the purpose of cities?1. to provide good government
2. to provide services, facilities and other things that are necessary and desirable for all/part of the city
3. to develop and maintain a safe and viable community
4. to foster economic, social and environmental well-being
5. to provide wise stewardship of public assets - 12the cities act provides _______ powers to the municipalityenabling
- 13Baird v. Oak Bay- example of the scope of municipal purpose
- voters asked whether wanted to encourage fed gov't to continue to negotiate & implement reduction in nuclear weapons
- it affects the municipality and council has the power to deal with it
- affected the municipality & the whole universe - 14Shell Canada Products Ltd. v. Vancouver- example of the scope of municipal purpose
- express opposition to the racist apartheid laws in South Africa
- declare the city "shell free" until Shell's parent company divested itself of interests in S. Africa
- not within the scope of the municipality
- wouldn't benefit the citizens or city; affects matters beyond the matters of the city - 15Chaperon v. Sault Ste. Marie (City)- example if the scope of municipal authority
- city wanted to make English the official language of the municipality
- the municipality has no power to express an opinion on language of city - 16Town of Hudson- example of the scope of municipal authority
- bylaw to regulate the use of pesticides
- within the scope because it wanted to minimize use of harmful pesticides to promote health of inhabitants - 17What are cases showing the scope of municipal authority? (valid & invalid cases)Valid
- Baird v. Oak Bay
- Town of Hudson
Invalid
- Shell v. Vancouver
- Chaperon v. Sault Ste. Marie - 18A bylaw or resolution must have what to be valid? and it must relate and lie within what?- municipal purpose
- relate to problems of the community
- lie within the areas of municipal interest - 19Municipalities have no ________ status.constitutional
- 20If a municipality exceeds its delegated authority, who's responsibility is it to declare the action invalid?the Courts because they are the guardians of the rule of law
- 21What does the Saskatchewan's Urban Municipalities Act of 1984 provide to municipalities?it provides authority to municipalities through specific grants
- Example: authority to control various nuisances (like noise) - 22What act were the specific powers, stated in the Saskatchewan Urban Municipalities Act of 1984, replaced by?the Municipalities Act of 2002
- 23Municipalities Act, 2002grants broad authority to pass bylaws for city purposes in ration to nuisances that affect the amenity of a neighbourhood
- permissable penalties, licensing, setting fees, enforcement and related matters are set out for bylaws generally - 24What kind of Acts are replacing enabling legislation in most Canadian jurisdictions? Why?- reformed municipal acts
- they recognize municipalities as gov'ts and state that municipalities should be free to act in accordance with the wishes of their citizens - 25What is an important feature of new municipal statutes? what are these new powers intended to do?broadly worded grants of power/ spheres of jurisdiction
- these new powers are intended to give municipalities flexible powers to address local problems - 26What are natural person powers?confer powers that would otherwise require a specific grant like:
- acquiring, owning and mortgaging property, investing and borrowing money, entering into contracts and agreements and greater freedom in managing & organizing adminsitration - 27What do core municipal statues do?delegate powers to regulate a wide variety of matters by bylaw
- address taxation powers
- structure municipalities - 28What are some Saskatchewan Core Municipal Statutes?- The Cities Act
- The Municipalities Act
- The Northern Municipalities Act - 29provincial legislation defines municipalities as ________ and grants them what powers?as corporations and grants them corporate powers
- 30What are some corporate powers that municipalities have?powers to provide certain utilities or other services either directly or by contracting out
- 31What are some Ancillary Municipal Statutes in Saskatchewan?- The Local Government Election Act
- The Controverted Municipal Elections Act
- The Planning & Development Act
- the Uniform Building & Accessibility Standards Act
- The Fire & Prevention Act
- the Police Act
- the Municipal Expropriation Act
the Municipal Revenue Sharing Act
- the Local Authority Freedom of Information & protection of Privacy Act - 32Who are municipalities governed by?their elected Council
- 33What people does the council consist of ?the mayor and and an even Number of councillors
- 34decisions are made by council as a whole; therefore decisions are made by ______ votemajority
- 35What powers do mayors have in Saskatchewan?they preside over council meetings
- they have limited authority
- powers based on ability to develop consensus wit their council colleagues - 36what council committee business is not conducted in public?matters related to human resources, legal opinions, council business and real estate matters
- 37What bylaw, in Saskatoon, outlines the duties of the City Manager, city solicitor and the city clerk?the City Administration Bylaw
- 38What are the powers and duties of the City Manager?1. to ensure that the policies and programs of the city are implemented
2. to advise & inform Council on the operations & affairs of the city
3. to supervise all operations of the City
4. to restructure civic departments and create, merge, or eliminate civic departments
5. to have the authority to appoint and dismiss all civic staff - 39What are the 2 competing themes in the Canadian Planning regime?1. leave decision making to local politicians because they are the best suited to make decisions for their municipality
2. Judicialize and formalize the system & provide for appellate review because planning decisions affect property rights - 40Areas of interaction between the Federal and local governments- national parks (lands under federal jurisdiction)
- federal regulation within a municipality (leads to provincial interest)????? - 41What are 2 sources of provincial interest?1. when the municipality is building infrastructure
2. approval of OCP's and Zoning Bylaws - 42In Saskatchewan, bylaw amendments can only be appealed to the Courts on...?on a point of law; meaning that the appeals relate to procedural issues like providing proper notice, or conduct of public hearing
- 43The Saskatchewan Municipal Board doesn't have what powers that the Ontario Municipal Board does?the council review powers
- 44What is the Planning and Development Act?the Saskatchewan statute which gives municipalities the legislative basis to regulate land use and contains a # of grants with respect to how business must be conducted
- 45how does Saskatchewan classify municipalities?in terms of their planning capacity
- 46How does a municipality become an approving authority?council must employ or retain a registered professional planner and must have an official community plan
- 47What powers does council gain when they become an approving authority?-gives council access to a broader range of planning tools
- allows council to delegate various approval functions to their administrative staff - 48Statement of Provincial Interestprovide guidance to municipalities on a range of land use and development issues which are of particular interest to the province
- 49General categories for Statements of Provincial Interest (14)1. Agriculture & Value Added Agribusiness
2. Biodiversity & natural systems
3. First Nations & Metis Engagement
4. Heritage & culture
5. Inter-municipal Cooperation
6. Mineral resource exploration & development
7. Public safety
8. Public works
9. Recreation & tourism
10. residential development
11. Sand & gravel
12. Shore land & water bodies
13. Source water protection
14. transportation - 50Official Community Plans?long term objectives and policies set out in a larger plan
- reflect communities values - 51What should a municipal plan consist of?- a framework for existing and anticipated land use patterns
- account for compatibility of land uses, the communities ability t provide services and transit systems
- will allocate land for public institutions and parks
- may require preservation f valuable agricultural land or natural features - 52How do municipal plans play a dual role?they are a sort of planning constitution (legislation requires zoning bylaws to conform to the plan) and they are a policy document (principles intended to guide land use planning over time)
- 53Yorath Plan- 100 year old Plan for Saskatoon
- outlined a vision for Saskatoon which included a plan for the construction of a circle drive - 54Community Planning Scheme, 1966- major legislative plan
- plan has withstood the test of time
- forms the basis of planning in Saskatoon to this day
- no school closures in these defined neighbourhoods - 55Plan SaskatoonSaskatoon undertake a major re-evaluation of its planning policies
- caused an adoption of a new plan in 1998
- plan remains effective today
- reflects current planning issues and best practices - 56Growing Forward- looking at the city as it grows to 500, 000 people
- effort to integrate planning and development - 57Old St. Boniface Residents Assn. Inc. v. Winnipeg- cited as a leading authority on reviewing consistency with a municipal plan because of the Supreme Courts decision
- 58In Saskatchewan, what must conform to the OCP?the zoning bylaw
- 59If a bylaw conflicts with the OCP then...it will exceed councils jurisdiction and go to the Courts where the standard of review to determine whether the council has exceeded its jurisdiction is correctness
- 60Eighth Street Business Assn. v. Saskatoon- case law that addresses the issue of developments not consistent with the plan
- development of Preston Crossing - 61Public Health movementworked to make cities better paces to live
- accomplished through public works and public regulations - 62When was Saskatoon's first zoning bylaw adopted?1930
- 63what were the 2 major purposes of early zoning bylaws?1. separate incompatible land uses
2. ensure provision of basic amenities - 64What does the PDA state that the purpose of the zoning bylaw is?to control the use of land providing for the amenity of the area within the council's jurisdiction and for the health, safety and general welfare of the citizens of the municipality
- 65what is the most important tool for implementing planning policies?zoning
- 66categories of districts in Saskatoon's Zoning bylaw1. residential districts
2. institutional districts
3. commercial districts
4. industrial districts
5. specialized districts - 67Use regulation categories1. permitted uses
2. prohibited uses
3. discretionary uses
4. accessory uses - 68Permitted uses- uses that a property owner may develop as of a right
- ex. a 1 unit dwelling is a permitted use in a residential zoning district - 69prohibited uses- uses that aren't allowed
- 70discretionary uses- uses which may be only approved at the discretion of city council
- allows flexibility when applications for uses are not obviously appropriate
- allows views of neighbours to be considered (public hearing) - 71accessory uses- accessory to the permitted buildings and uses in a district
- ex. garden shed or garage
- "customarily accessory" or Subordinate - 72Corman Park v. Berry Barn- fight over the definition of customarily accessory
- saying that the restaurant wasnt customarily accessory to the site but was customarily accost to the principle use of the site (farming) - 73Georgain Bay (township) v. Skidmore- large boats attached to large docks were slept in and they were located near a small cottage
- here the cottage is incidental to the dock; not vice versa - 74What does zoning control?- location & separation of land uses
- standards that govern development - 75what do development standards regulate?regulate the form and density of development by regulating matters like lot dimension, building height, sit coverage, floor area and so on
- 76what are development standards motivated by?1. aesthetics
2. public safety - 77what are site specific rules intended to do?to minimize land use conflicts or to ensure that certain community standards are met
- 78council may pass an interim development control (IDC) bylaw to control development of an area that may be affected by:1. a proposed OCP or zoning bylaw
2. an amendment being prepared to an existing OCP or Zoning bylaw
3. a study of a land use planning matter being undertaken by council - 79Who must approve an IDC and how long can it remain in effect for?- the Minister must approve it
- cannot remain in effect for more than 2 years - 80What are some bad things about zoning?- negative
- prohibitive
- stifles creativity
- limits power of community to stop developments
- restricts what landowners can do with their property
- doesn't provide incentive or encouragement to include positive features; hence encouraging monotony - 81contract zoning- "zoning be agreement"
- a land owner agreeing to specific matters related to the development or use of the owner's property in consideration for the municipality amending the zoning category in a manner that facilitates the owner's development proposal
- allows owner to obtain a development permit for a proposal that the exiting zoning doesnt permit - 82zoning agreements cannot govern the...color, texture, type of materials or architectural details
- 83bonusing- way to encourage positive features in developments
- municipality relax development standards that apply to a property in exchange for the developer providing facilities that will benefit the community
- ex. underground parking & encourage affordable or special needs housing - 84direct control districts- council can create these districts if it considers it desirable to exercise control over the use and development of land/buildings within an area of the municipality
- 85Architectural controls- intended to be used where council wished to preserve the character of an area or to promote a theme
- in Saskatchewan, architectural detail can be controlled in direct control districts or in architectural control districts - 86Holding zones- this freezes the uses permitted in an area until council considers the area appropriate for development
- 87How have holding zones been used in Saskatoon?- on land that is contaminated
o on that that has significant servicing limitations - 88Advanced Zoning tools (in Saskatchewan)1. contract zoning
2. bonusing
3. direct control districts
4. architectural controls
5. holding zones - 89advanced zoning tools in other jurisdictions1. discretionary direct control
2. transfer development rights
3. form based zoning - 90discretionary direct control- substitute discretionary development controls for traditional zoning if the legislated authority wished to exercise control over the use and development of land in an area of the municipality
- 91Vancouver Charter- allows city council authority to designate zones without uniform regulations
- 92transferable development rights- way of controlling land use to complement zoning and strategic planning for more effective urban growth management and land conservation
- offers financial incentives for landowners who conserve and maintain the enviro., heritage or agricultural values of their land - 93New York Church - transfer development rightssold air rights for more than $30 million
- 94form based zoning-means of implementing smart growth principles and places emphasis on building type, dimensions, parking location and facade features; less emphasis on use
- 95How do zoning amendments com about?- as a result of municipal incentives
- as a result of applications from private interests - 96the planning process must be ____, _______, _________ and _______.1. clear
2. fair
3. transparent
4. democratic - 97clear process- steps of the process are laid out at the beginning and recognize that adjustments may be made
- 98fair process- recognize that there is a variety of stakeholder and they they all must be able to participate
- access to relevant information - 99transparent process- decisions & reports are made public
- in camera meetings aren't allowed - 100democratic processcouncils decision making process must be followed & its powers cannot be fettered
- 101the purpose of consultations1. to inform ( info to understand situation)
2. to consult (obtain public feedback)
3. to involve (work directly with public) - 102What are the 2 types of concerns?1. process concerns
2. issue based concerns - 103process concerns- related to fairness and tranparency
- 104issue based concerns- impacts of the proposed development (traffic, property values)
- focus should be on consultation - 105public notice- done through advertisements, posters, letters to neighbours
- 106what do you want all stakeholders to know with respect to a particular planning issue?the 5 W's ( who, what, where, when and why)
- 107public hearing- formal process where Council hears representations from stakeholders and makes a decision
- 108Explain the steps of a public hearing1. council gets agenda days before meeting
2. mayor opens meeting & calls admin to introduce matter
3. MPC called to present recommendation
4. applicant called forward
5. Floor opened; anyone can come speak
6. applicant given another chance to speak
7. councillors ask questions
8. council receives written correspondence
9. public hearing closed & councillors debate & vote upon the issue - 109True or False: Zoning bylaws are discriminatory in their natureTrue
- 110What is an example of how zoning is discriminatory ?it would be inappropriate for a zoning by law to permit churches but not synagogues, temples or mosques
- 111R v. Bell- example of the people zoning
- North York's definition of family: 2 or more related persons; their non paying guest servants, foster children or property owner living with a max. of 2 unrelated persons
- zoning bylaw prevented 2 unrelated persons from sharing an apartment - 112Smith v. Tiny- restricted a dwelling unit to occupancy by one family
- definition of family included common law spouses and groups of up to 3 unrelated people living in a single unit
- Court deemed this as a broad enough definition
- this definition was to regulate density & not people zoning - 113Aurora v. Anglican Houses- reasoning that the group home was a residential use and not an institutional use
- - 114Why was the Manitoba bylaw that imposed restrictions on the location of group care homes quashed?the Court said that it violated the prohibition against discrimination in the Charter
- 115There were studies on how group homes affected the neighbourhoods they were located in. What are the results?- there is no impact on property values
- those who live in near an exiting care home have very few concerns
- once established, there were very few complaints from neighbouring residents
- there is no higher crime rates in these areas (other than internal disputes) - 116how do you reconcile the concerns expressed by neighbouring residents?- public information meetings
- good neighbourhood agreements
- annual open houses & neighbours are invited to volunteer
- care homes are clearly required to operate in a professional and appropriate manner - 117What are indicators of bad faith?1. use of land control powers for other than a land use planning purpose
2. the lack of frankness & impartiality - 118R. v. Vanguard Hutterite Brethren Inc.- bylaw that intended to discriminate against Hutterites by keeping them out of the municipality was quashed for bad faith
- there was no evidence that a colony would adversely affect the surrounding residents - 119Parks West Mall v. Hinton- the municipality was authorized to zone for "the greater public interest"
- but the purpose of the bylaw was to protect community funds by limiting competition with a community bingo hall
- this was operating in bad faith - 120Chernipeski v. Lacombe-the court quashed the amendments to the town's land use bylaw that added "funeral home" & "vet clinic" to the categories of permitted uses
- Court found that the purpose of this amendment was to facilitate the sale of town-owned land intended to establish these types of businesses
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- FlashCards sobre Municipal Law - Plan 343, criado por kjohannesson94 em 10-02-2015.
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