Transcription of The Planning and Development Act, 2007 - …
1 1 c Planning AND Development , 2007 The Planning and Development Act, 2007beingChapter * of the Statutes of Saskatchewan, 2007 (effective March 21, 2007 ) as amended by the Statutes of Saskatchewan, 2010, , and ; 2012, ; 2013, , , and ; 2014, ; 2015, ; 2016, ; and 2018, :This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.
2 *NOTE: Pursuant to subsection 33(1) of The Interpretation Act, 1995, the Consequential Amendment sections, schedules and/or tables within this Act have been removed. Upon coming into force, the consequential amendments contained in those sections became part of the enactment(s) that they amend, and have thereby been incorporated into the corresponding Acts. Please refer to the Separate Chapter to obtain consequential amendment details and Planning AND Development , 2007 Table of ContentsPART IShort title, Interpretation and Purposes 1 Short title 2 Interpretation 3 Purposes of the ActPART IIGeneral Provisions respecting Powers 4 Act prevails 5 Crown bound 6 Powers of minister 7 Adoption of land use policies and statements of provincial interest 8 Consistency with land use policies and statements of provincial interest 9 Designation 10 Director of Community Planning 11 Additional powers of ministerPART IIIE stablishment and Functions of Municipal Approving AuthoritiesDIVISION 1 Authorities 12 Interpretation
3 Of Part 13 Approving authority 14 Publication in the Gazette 15 Delegation of authorityDIVISION 2 Planning , Subdivision and Other Bylaws 16 Subdivision bylaws 17 Fees for review of subdivision applications 18 Ministerial approval of subdivision bylaw required 19 Site plan control 20 Zoning bylaw - minor variances 21 Phasing of municipal reserve dedication 22 Use of municipal reserve 23 Exemptions relating to other bylaws and plansDIVISION 3 Public Notice 24 Public notice policy 25 Alteration of bylawDIVISION 4 Appeals 26 Development Appeals Board 27 Appeals or referrals 28 Variation of certain appeal periodsPART IVStatutory PlansDIVISION 1 Official
4 Community Plan 29 Power of council 30 Minister may require official community plan Minister may require district plan Infrastructure plan required 31 Purpose of plan 32 Contents of plan Intermunicipal Development agreements 33 Severability of provisions of plan 34 Zoning bylaw required 35 Plan adoption process 36 Submission to minister for approval 37 Powers of minister 38 Decision of minister 39 Amendment or repeal of plan 40 Municipality bound by plan 41 Acquisition of land 42 Expropriation 43 Power to subdivide and sell landDIVISION 2 Concept Plans 44 Concept plansPART VImplementation of PlansDIVISION 1 Zoning 45 Purposes of zoning bylaw 46 Adoption of zoning bylaw 47 Amendment to zoning bylaw at request of minister 48 Obsolete zoning bylaws 49 Contents of zoning bylaw 50 Bylaw maps3 c Planning AND Development .
5 2007 51 Fees 52 Development standards and optional zoning bylaw content 53 Effect of passing a bylaw 54 Application for discretionary use 55 Public notice of discretionary use applications 56 Council s decision 57 Notice of decision 58 Applicant s right of appeal 59 Discretionary use responsibilities delegated to a Development officer 60 Minor variances 61 Payments in lieu of parking facilities 62 Development permit required 63 Designation of direct control district 64 Control of Development in direct control district 65 Approval of Development in direct control district 66 Direct control responsibilities delegated to a Development officer 67 Right of appeal 68 Exempt classes of Development 69 Contract zoning 70 Exception to Development standards 71 Holding provision 72 Demolition control 73 Architectural controls 74 Delegation of authority 75 Procedure for adoption of zoning bylaw 76 Approval of zoning bylaw 77 Exercise of powers by minister 78 Waiver of ministerial approval 79 Zoning bylaw binds municipalityDIVISION 2 Interim Development Control 80 Interim Development
6 Control bylaw 81 Requirements for approval 82 Time in effect 83 Notice of bylaw 84 Permission for Development 85 Delegation of authority 86 Appeal from interim Development control bylaw 87 Limitation on interim Development control bylawsDIVISION 3 Non-conforming Uses, Buildings and Sites 88 Existing non-conforming uses, buildings and sites 89 Continuation of non-conforming use or intensity of use 90 Changes to a non-conforming use 91 Non-conformity of building or site 92 Damage to buildings 93 Change of occupancyPART VIPlanning CommissionsDIVISION 1 Municipal Planning Commissions 94 Interpretation of Part 95 Establishment 96 Conflict of interestDIVISION 2 Planning Districts 97 Agreement for establishment of Planning district 98 Approval of agreement required 99 Order establishing Planning district100 Powers of district Planning commission101 Conflict of
7 Interest102 District plan103 Zoning bylaw104 Other duties of commission105 Addition to Planning district106 Termination of affiliation of District dispute resolution107 Dissolution of Planning district108 District Planning authorities109 Powers of district Planning authoritiesDIVISION 3 Planning Areas in the Northern Saskatchewan Administration District110 Northern Planning area111 Northern Planning commission112 Conflict of interest113 Official community plan, Development control114 Public participation115 Appeals116 Terms and conditions117 Additional powers118 Northern Planning authority119 Powers of northern Planning authorities4c Planning AND Development .
8 2007 DIVISION 4 Regional Planning Power to establish a regional Planning Power to direct Power to direct a regional Planning Composition of a regional Planning Duties of a regional Planning Other duties of a regional Planning Conflict of Regional Approval of a regional Official community plan and zoning bylaw to be consistent with a regional Zoning Dispute resolutionPART VIIS ubdivision of LandDIVISION 1 Control over Subdivisions120 Purpose and interpretation121 Subdivision approval required122 Exemptions from approval123 Notice to municipality required124 Existing oil and gas facilities exemptDIVISION 2 Subdivision Regulations125 Regulations controlling subdivisions126 Bylaws by councilDIVISION 3 Requirements for Subdivision Approval127 Application for subdivision approval128 Criteria for approval129 Certificate of approval130 Development standards on hazardous lands131 Decision of approving authority132 Revocation of approval133 Relief from compliance134 Deemed refusal of approving authority135 Reapplication of same proposalDIVISION 4 Required Subdivisions136 Power to require
9 Registration137 Interpretation138 Power to pass bylaw requiring subdivision139 Registration of prohibition based on required subdivision bylaw140 Approval of plan of subdivision141 Conformity with The Land Surveys Act, 2000142 Recovery of costs143 Direction to councilDIVISION 5 REPLOTTING SCHEMES144 Power to prepare replotting scheme145 Notice of preparation of replotting scheme146 Registration of replotting scheme147 Replotting scheme binding on heirs148 Contents of a replotting scheme149 Cost of replotting scheme150 Acquisition of certain land151 Principles of replotting152 Copies of scheme to certain persons153 Notice of replotting scheme154 Public hearing155 Adoption of replotting scheme156 Subdivision approval of replotting scheme157 Completion or discontinuance of
10 Replotting scheme158 Transfer of rights and obligations159 Notification of approval of a replotting scheme160 Setting down hearing for compensation161 Notice of hearing162 Factors in assessing compensation163 Determination of land values164 Appeals165 Time for payment of compensation166 Compensation subject to limitations and charges167 Removal of buildingsPART VIIID evelopment Levies and Servicing Fees168 Interpretation of Part169 Development levy bylaw170 Bylaw requires ministerial approval171 Development levy agreement172 Servicing Municipal utility parcels173 Terms and c