jswizzle3737/ontario_laws_and_regs huggingface dataset:
Development permit system
1. The council of a local municipality listed in Schedule 1 may by by-law establish a development permit system within the municipality, (a) for any area set out in Schedule 1; or (b) if no area is set out in Schedule 1, for any area or areas set out in the by-law. O. Reg. 246/01, s. 1.
Conditions
2. The council of a local municipality shall not pass a development permit by-law for any area in the municipality unless, prior to the passing of the by-law, the official plan in effect in the municipality, (a) designates the area as a proposed development permit area; (b) sets out the scope of the authority that may be delegated and any limitations on the delegation, if the council intends to delegate any authority under the development permit by-law; (c) contains a statement of the municipality’s objectives in proposing a development permit system for each area; (d) sets out the types of conditions that may be included in the development permit by-law that council may impose prior to the issuance of a development permit; and (e) for each proposed development permit area, sets out the types of criteria that may be included in the development permit by-law for determining whether any class or classes of development or use of land may be permitted by development permit. O. Reg. 246/01, s. 2.
Development permit by-law
3. (1) Section 34 of the Act and regulations made under that section apply, with necessary modifications, to the making of a development permit by-law and the by-law shall be deemed to be a by-law passed under section 34 of the Act except as set out in this Regulation. O. Reg. 246/01, s. 3 (1). (2) A development permit by-law shall, (a) contain a description of the area to which the by-law applies, which must be within the boundaries of a proposed development permit area designation in the official plan; (b) set out any internal review procedures regarding decisions to issue or refuse to issue development permits; (c) set out a list of permitted uses; and (d) set out the manner in which notice of decisions to issue or refuse to issue development permits shall be given. O. Reg. 246/01, s. 3 (2). (3) A development permit by-law may, in addition to the matters set out in subsection 34 (1) of the Act, (a) prohibit any development or change of use of land unless a development permit is obtained; (b) define uses and classes of development; (c) exempt any defined class or classes of development or use of land from the requirement for a development permit; (d) include criteria that council will use in determining whether to issue or refuse to issue a development permit or to impose conditions on the issuance of a development permit; (e) set out a list of uses or classes of development that may be permitted if the criteria set out in the official plan and development permit by-law have been met; (f) set out conditions permitted by sections 40, 41 and 42 of the Act which may be applied to defined classes of development; (g) set out minimum and maximum standards for matters set out in paragraphs 4 and 5 of subsection 34 (1) of the Act, or a range of possible variation from the standards which may be authorized through the issuance of a development permit. O. Reg. 246/01, s. 3 (3). (4) Despite clause (3) (f), with respect to land described in paragraphs 3, 3.1 and 3.2 of subsection 34 (1) of the Act, the development permit by-law may set out conditions that may be applied to defined uses or classes of development that are, (a) related to the matters which would otherwise be prohibited under those paragraphs; and (b) reasonable for the appropriate use of the land. O. Reg. 246/01, s. 3 (4).
Notice
4. In addition to the requirements set out in subsection 4 (7) of Ontario Regulation 199/96, written notice of a proposed development permit by-law shall contain,  (a) a description of the purpose and effect of the development permit system in the municipality; (b) a description of the proposed development permit area; (c) a statement that an appeal to the Municipal Board against a decision to issue or refuse to issue a development permit may only be made by the owner of the land to which an application relates; and (d) a description of any internal review procedures contained in the by-law. O. Reg. 246/01, s. 4.
Non-application
5. (1) Subsections 34 (21), (30), (31), (32), (33) and (34) and section 45 of the Act do not apply to a development permit by-law. O. Reg. 246/01, s. 5 (1). (2) Section 37 and subsections 41 (2), (3) and (13) of the Act do not apply to land subject to a development permit by-law. O. Reg. 246/01, s. 5 (2).
Commencement
6. A development permit by-law comes into force on,  (a) the day after the last day for appeals, if there are no appeals; or (b) the day after all of the appeals are disposed of by the Municipal Board, or such later date as may otherwise be ordered by the Board. O. Reg. 246/01, s. 6.
Deemed repeal
7. On the day a development permit by-law comes into force, all by-laws passed under section 34 of the Act are deemed to be repealed with respect to the area covered by the development permit by-law. O. Reg. 246/01, s. 7.
Delegation
8. The council of a local municipality may delegate to an employee of the municipality, identified by name or position, the authority to approve or refuse applications for development permits, issue development permits, attach conditions to the approval of development permits or enter into agreements with respect to development permits, subject to such limitations as may be set out in the delegation. O. Reg. 246/01, s. 8.
Application for development permit
9. (1) An owner of land or the owner’s authorized agent may apply to the council of the municipality for a development permit with respect to land subject to a development permit by-law. O. Reg. 246/01, s. 9 (1). (2) The application for a development permit shall contain the information and material set out in Schedule 2. O. Reg. 246/01, s. 9 (2). (3) The council of the municipality may require such other information to be included in an application as it considers necessary. O. Reg. 246/01, s. 9 (3). (4) Until council has received the information referred to in subsection (2) and any fee established under section 69 of the Act, it may refuse to accept or further consider an application and the time period referred to in subsection 10 (5) does not begin to run. O. Reg. 246/01, s. 9 (4); O. Reg. 78/04, s. 1 (1). (5) The council, in determining whether a development permit is to be issued, may confer with the persons or public bodies that the council considers may have an interest in the application. O. Reg. 246/01, s. 9 (5). (6) Section 41 of the Act and regulations made under that section apply, with necessary modifications, to an application for a development permit, except as otherwise provided in this Regulation. O. Reg. 246/01, s. 9 (6). (7) In addition to the powers set out in clause 41 (7) (c) of the Act, as a condition to the approval of a development permit, a municipality may require the owner of land to enter into one or more agreements respecting, (a) site alteration, including but not limited to the alteration of the grade of land and the placing or dumping of fill; and (b) the removal of vegetation. O. Reg. 246/01, s. 9 (7). (8) Despite subsection 41 (1) of the Act, for the purposes of this Regulation, “development” means, (a) 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 its size or usability, (b) the laying out and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in subsection 168 (5) of the Municipal Act, 2001 or of sites for the location of three or more mobile homes as defined in subsection 46 (1) of the Act or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46 (1) of the Act, (c) site alteration, including but not limited to the alteration of the grade of land and the placing or dumping of fill, or (d) the removal of vegetation. O. Reg. 246/01, s. 9 (8); O. Reg. 78/04, s. 1 (2). (9) Subsections 41 (6), (12) and (12.1) of the Act do not apply to an application for a development permit. O. Reg. 246/01, s. 9 (9); O. Reg. 78/04, s. 1 (3).
Conditions, appeal
10.  (1) A council may give an approval subject to such conditions as are authorized in the development permit by-law. O. Reg. 246/01, s. 10 (1). (2) If conditions are imposed prior to the issuance of a development permit, an applicant may appeal the conditions to the Municipal Board no later than 20 days after the date notice is given of the conditions. O. Reg. 246/01, s. 10 (2). (3) Despite subsection (2), if a development permit has not been issued, an applicant may appeal the conditions to the Municipal Board at any time prior to the issuance of a permit. O. Reg. 246/01, s. 10 (3). (4) If council refuses to issue a development permit, the applicant may appeal the refusal to the Municipal Board no later than 20 days from the day that notice is given of the refusal. O. Reg. 246/01, s. 10 (4). (5) If council fails to make a decision regarding an application for a development permit within 45 days of receiving the application, the applicant may appeal to the Municipal Board against the failure to make a decision. O. Reg. 246/01, s. 10 (5). (6) An appeal to the Municipal Board may be made by filing a notice with the clerk of the municipality accompanied by the fee prescribed under the Ontario Municipal Board Act. O. Reg. 246/01, s. 10 (6).
Duties of clerk
11. If an appeal is filed under section 10, the clerk of the municipality shall forward the application and any decision of the council to the secretary of the Municipal Board within 15 days of receiving the notice of appeal. O. Reg. 246/01, s. 11.
Decision
12. (1) On an appeal under section 10, the Municipal Board shall hold a hearing and determine the matter in issue and may order that a development permit be issued, subject to such conditions as the Board may determine, or refuse to order that a permit be issued, and the decision of the Board is final. O. Reg. 246/01, s. 12 (1). (2) If the Municipal Board orders that a development permit be issued, the council shall issue the permit but if conditions are imposed, the development permit shall not be issued until the council is satisfied that the conditions have been fulfilled. O. Reg. 246/01, s. 12 (2).