Policy 4.1.15 Delegation of Land Use Permits
· Islands Trust Area · Policies · 2022
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Topics: Bylaw enforcement · Governance & budget — our classification, not the Trust's.
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POLICY – 4.1.15 Delegation of Land Use Permits Page 1 Policy: 4.1.15 Approved By: Trust Council Approval Date: June 22, 2022 Amendment Date(s): Policy Holder: Director of Planning DELEGATION OF LAND USE PERMITS Purpose To provide policy for local trust committee consideration of the delegation of the power to issue certain land use permits to staff. Principles 1. Local trust committee delegation of the issuance of development permits to staff is intended to improve overall efficiency, reduce the number of items on local trust committee agendas and streamline processing of permits. 2. Delegation may be warranted as the scope of determining the approval or refusal of permits is determined by consistency with guidelines adopted by local trust committees. 3. Delegation of the power to issue development permits to staff has been recommended by external reviews, and amendments to the Islands Trust Regulation now provide local trust committees with the authority to delegate the issuance of development permits to staff. 4. The delegation of the issuance of development permits to staff by local trust committees should only be implemented where development permit area provisions are consistent with the criteria outlined in this policy. 5. The delegation of the power to issue minor development variance permits to staff may be considered by future amendment of this policy and amendment of delegation bylaws. A. Definitions B. Policy 1. Delegation by Bylaw 1.1 Delegation of the power to issue development permits may only be implemented by the adoption of a delegation bylaw by a local trust committee. 1.2 Delegation bylaws adopted by local trust committees should be substantially consistent with the bylaw template attached to this policy. 1.3 A delegation bylaw should only delegate to staff the power to issue permits for development permit areas (DPA) that meet the criteria outlined in this policy. POLICY – 4.1.15 Delegation of Land Use Permits Page 2 1.4 A delegation bylaw should only delegate the authority to issue permits to the Director and in their absence to Regional Planning Managers. 1.5 The staff person reviewing the application shall not also approve or refuse the permit. 1.6 A delegation bylaw should not delegate authority to issue form and character development permits except where a local trust committee considers the guidelines to be sufficiently objective. 1.7 A delegation bylaw should not delegate permits requiring variances unless the local trust committee has also delegated the issuance of minor development variance permits to staff. 1.8 The bylaw must include the opportunity for the owner of the land subject to the decision to have the local trust committee reconsider the decision. 2. Local trust committees should only consider delegation of issuance of permits to staff for development permit areas that meet the following criteria: 2.1 The development permit area provisions are rela
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