Preparation and content of development scheme
102(1)For greater certainty and without limiting section 101, a development scheme
(i)
consist of written statements, maps, drawings and other descriptive matter, all under seal, signed by the clerk and indicating that they are a part of the scheme, as may be necessary to illustrate the scheme,
(ii)
delineate the land affected by the scheme,
(iii)
set out details of the development or redevelopment to be carried out in the scheme area,
(iv)
describe the manner in which the scheme is intended to be implemented,
(v)
indicate the amount of any land to be reserved in the scheme area, or if feasible the particular land to be reserved, and the manner in which the reservation is to be effected, and
(vi)
prescribe the manner in which land in the scheme area is to be subdivided; and
(b)
may, in relation to the scheme area,
(A)
the manner in which existing buildings and structures may be altered or repaired where the developments would not otherwise be permitted by the scheme, and
(B)
developments for which no building permit is required under the
Building Code Administration Act,
(ii)
provide for the acquisition, assembly, consolidation, sale or lease by the local government of the land, buildings or structures necessary to carry out the scheme,
(iii)
indicate land to be acquired as the site or location of streets, public buildings, schools, parks or recreation areas or other public services such as light, water or sewerage,
(iv)
provide for agreements with the owners of land referred to in subparagraph (iii) in order to permit the acquisition of the land for those purposes,
(v)
allocate areas of land available for residential, commercial, industrial, agricultural or other purpose at any particular time, and
(vi)
specify the order and timing for subdivision or development of a particular part of the area.
102(2) A development scheme shall make provision for any general matters the Minister may require.
102(3)The provisions of sections 25 and 27 with respect to a municipal plan apply with the necessary modifications to a development scheme.
102(4)Despite a development scheme by-law, a council may authorize the constructing, altering or repairing of any land, building or structure if
(a)
in its opinion, the land, building or structure will conform to the scheme, or
(b)
the owner of the land, building or structure enters into an agreement with the council containing the terms and conditions that the council considers fit.
102(5)A council may enter into an agreement referred to in subparagraph (1)(b)(iv) or paragraph (4)(b), as the case may be, with an owner and the agreement
(a)
shall not become effective until certified copies of the agreement are filed in the land registration office, and
(b)
when registered in the land registration office, is binding on a subsequent owner of the land in respect of which the agreement is made until discharged by the local government.
102(6)An expense incurred by a council in acquiring land or taking any other action for the purposes of a development scheme is considered part of the cost of the scheme and the proceeds of a sale or other disposition of land acquired for the purposes is applied against the cost of the scheme.
2020, c.8, s.28; 2021, c.44, s.1