Site Plan Control Application
What is a Site Plan Control Agreement?
What are the goals of Site Plan Control?
When is a Site Plan Agreement required?
What is "Development"?
What properties are subject to Site Plan Control?
What information may be required on the site plan drawing and supporting documents?
What happens when plans are submitted?
What requirements may be requested through this process?
How long do I have to complete all the site work that is outlined in the registered Site Plan Control Agreement?
What happens once all the site work has been completed?
At what stage will a building permit be issued?
How much will this process cost?
A Site Plan Control Agreement is an agreement registered on title, at the Registry Office, that describes the manner in which a property has to be developed.
It contains plan(s) illustrating the proposed development, terms of the agreement and usually includes financial guarantees to ensure compliance with the agreement.
The principal goals of Site Plan Control are:
• to improve the image and aesthetic appearance of the whole City through better individual developments by applying consistent standards and guidelines
• to ensure that off-street parking and loading facilities are properly located, constructed and maintained during all seasons
• to ensure the safety and convenience of automobile and pedestrian traffic to, from, and on a new development or redevelopment
• to develop an efficient transportation system by widening existing roads through land and easement dedications
• to protect environmental areas (e.g. wetlands, hilltops, wildlife habitats) through the appropriate location of buildings, roads and parking spaces
• To protect adjacent and downstream landowners and water ways from contamination and flooding as a result of increased development
• To ensure sufficient capacity exists within the municipal infrastructure to accommodate increased development
If you are applying for a building permit and your property is in an area subject to the Site Plan Control By-Law and what you are proposing is defined as 'development” in The Planning Act you may be required to enter into a Site Plan Control Agreement before a building permit can be issued. You may also require a Site Plan Control Agreement if this is imposed as a condition of any application for rezoning, a minor variance or severance.
The Ontario Planning Act describes "development" in Section 41 as follows:
'41.(1) Definition - In this section, "development" means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in clause (a) of paragraph 101 of section 210 of the Municipal Act or of sites for the location of three or more mobile homes as defined in subsection 46(1) of this Act.”
The authority to impose Site Plan Control comes from The Planning Act and the City has passed a Site Plan Control By-Law 2010-220 (as amended) which places the entire City under Site Plan Control with the exception of the following zoned areas and certain classes of development as follows:
A) Excluded Zoned Areas:
• lands zoned R1, Low Density Residential One
• lands zoned R2-1 and R2-2, Low Density Residential Two
• lands zoned P, Public Park
• lands zoned RU, Rural
• lands zoned RS, Rural Shoreline
• lands zoned A, Agricultural Reserve
• lands zoned SLS, Seasonal Limited Service, and
• lands that are located in any of the Industrial Zones located more than 152.4 metres (500 feet) from both the nearest Residential Zone and from the nearest Municipal Arterial Road or Provincial Highway are exempt except for matters under Section 41, Subsections (7)(a)1, (7)(a)2, and (7)(a)8 of the Planning Act, R.S.O. 1990, Chapter P.13.
B) Excluded classes of development, unless through the rezoning, variance or severance process it is determined that a Site Plan Control Agreement is to be entered into, the following classes of development are excluded from Site Plan Control:
• single detached dwellings
• semi-detached dwellings, linked dwellings or duplex dwellings
• multiple dwellings not exceeding four units
• seasonal dwellings;
• buildings accessory to the above four uses
• site description
• parking and access
• storm water management controls
This Application Checklist indicates the typical items required for a Site Plan Application submission.
All proposed development work must conform to the City’s Zoning By-law, Lot Grading Policy, Site Plan Control Guide and all applicable Provincial and Federal Regulations. All works proposed within the City’s road right-of-way must be designed and constructed to conform to the City’s Engineering Design Manual, Standard Drawings and Specifications. All sewer and water services must be in conformance with the City of Greater Sudbury's Sewer Use By-law.
Upon the receipt of plans acceptable for review, the Site Plan Control Officer circulates the plans for comments to the following agencies:
• Planning Services
• Development Engineering (including Water Waste Water and Drainage comments)
• Roads and Transportation
• Building Services
• Fire Services
• Greater Sudbury Development Corporation
• Source Water Protection (developments located in regulated areas)
• Housing Services (Government Funded Projects Only)
External Review Agencies:
• Conservation Sudbury - Nickel District Conservation(developments located in regulated areas)
• Greater Sudbury Hydro (developments within service area)
• Canada Post
• Hydro One (developments within service area)
• Ministry of Transportation (developments located within MTO control areas)
• Railway Companies (developments adjacent to railway lines and yards)
Once these agencies have responded, a draft agreement is prepared and the owner/agent is contacted regarding the agencies comments.
If changes to the drawing(s) are required, the above process is repeated.
Once all the agencies are satisfied with the plan(s), they are forwarded along with the draft agreement to our Legal Department for signing and registration.
Pursuant to Section 41 of The Planning Act
• Road widenings
• Road improvements
• Test maintenance holes
• Downstream drainage improvements
• Contributions towards sidewalks
• Noise and Vibrations Studies
• Storm water management studies
• Traffic impact studies
• Updating of street as-builts
9. How long do I have to complete all the site work that is outlined in the registered Site Plan Control Agreement?
In every agreement there is a clause noting the time frame allotted to complete all the site work. Depending on the individual circumstances, the site work may be requested to be completed either 'within two years of the issuance of any building permit” or 'two years of the execution of the agreement”.
Upon acknowledgement from the owner or his agent that all the conditions outlined in the registered Site Plan Control Agreement have been completed, including Certification of the Site Work and Off-Site Work, As-Constructed Drawings, etc..., the agencies that were originally requested to provide comments are at this time, asked to conduct inspections. When all the agencies are satisfied that the site has been developed to their satisfaction, our Treasury Department is then directed to release the deposits (with the exception of money that was collected for road improvements, etc.).
Even though the site work has been completed and deposits returned, the agreement will remain on title at the registry office in perpetuity. The owner of the property is responsible for maintaining the site in accordance with the registered agreement.
Once the Site Plan Control Agreement has been registered, deposits collected and any condition within your Site Plan Control Agreement that is noted to be fulfilled 'prior to the issuance of a building permit” has been complied with, a letter of clearance will be given to Building Services. At that time, providing all other approvals for the building permit have been obtained, a building permit may then be issued. The development of the property must proceed in compliance with the registered Site Plan Control Agreements.
In order to avoid concurrent delays in the process of the issuance of a building permit, it is possible to submit applications for both the building permit and site plan control agreement at the same time. If time is not of an essence and you want to know what is going to be asked of you in the Site Plan Control Agreement, it may be to your benefit to have the agreement in place prior to applying for a building permit.
If you are anxious to commence construction and the Site Plan Control Agreement has not been registered, the Ontario Building Code Act, Section 8.(3) does allow for commencing construction prior to completing your Site Plan Control Agreement. The "Conditional Building Permit" which allows for this is typically issued provided:
i) at least one circulation of your site plan proposal has been undertaken, with associated comments received, and
ii) All deposits and contributions are collected
iii) you enter into a legal agreement with the City which formalizes your undertaking to complete the Site Plan Control Agreement within a reasonably prescribed time frame.
Site Plan Control Application Fees:
• $1,235.00 - Up to 500m² or up to 10 residential units
• $1,835.00 - 501m² to 1,500 m² or 11 to 50 residential units
• $2,985.00 - 1,501m² to 3,000m² or 51 to 100 residential units
• $3,565.00 - Greater than 3,000m²or greater than 100 residential units
• $785.00 - Amendments to Site Plan (control agreement application fee).
• Request for Site Plan Agreement extension: 50% of above fees
• Inspection fee - No additional charge for first inspection
• $140.00 - Subsequent inspections per hour per staff person
Development Engineering Fees:
• $83.00 For Initial Submission
• $71.00 per sheet for any subsequent submissions
• N.D.C.A. $85.00 Review Fee
• $814.09 *plus cost of title search (without postponement)
• $1,233.18 *plus cost of title search (with 1 postponement)
• $1,652.27 *plus cost of title search (with 2 postponements)
• $340.00 Re-Draft
*in addition to these fees, the applicant will also pay the search fees.
In addition to any applicable fees, the applicant will also pay for any registration fees, search fees, advertising and other relevant disbursements.
Other Potential Contributions towards Municipal infrastructure:
Where existing municipal infrastructure (roads, sidewalks, sewers, watermains, etc) is insufficient to accommodate the proposed development, the developer may be required to improve the existing infrastructure. These costs may be borne solely by the Developer or may be shared with the City in accordance with the City’s Cost Sharing Policy, and approval of the application for cost sharing.