Ontario East Municipal Conference
“Highway Corridor Management 101”
Corridor Management and Property Section
Ministry of Transportation
Friday September 14, 2012
Welcome
Tony Di Fabio
Senior Planner and Policy Advisor
Corridor Management and Property
Section
Corridor Management & Property Section 2
Contents
Highway Corridor Management Introduction
Relevant Legislation
Corridor Management Organization
Land Development/Municipal Land Use Planning
MTO Corridor Management Permits
Corridor Management Public Service Commitments
Current Issues
Contact Information
Corridor Management & Property Section 3
Corridor Management
Corridor Management is about the ministry
“managing the Highway corridor”
Corridor Management & Property Section 4
Why does the ministry manage the highway corridor ?
Ensure the safety of the travelling public
Ensure the operating efficiency of public
highways
Protect the highway corridor for future
expansion
Corridor Management & Property Section 5
How does the ministry manage the highway corridor ?
Issue corridor management permits
Review land development applications
Review utility relocations and standalone
utility requests on highway ROW
Corridor Management & Property Section 6
Relevant Legislation
Public Transportation Highway Improvement Act (PTHIA)
Legislation that gives MTO permit control authority – Section 34
(King’s Highway), Section 38 (Controlled Access Highways)
Planning Act
Controls land use planning in Ontario and is administered by the
Ministry of Municipal Affairs and Housing (MMAH is the “approval
authority”). Under this act, MTO is a commenting agency only on land
development applications, we only make recommendations to the
approval authority
Public Service Works on Highway Act
Legislation that gives MTO relocation authority for certain utilities and
may be used for cost sharing
Corridor Management & Property Section 7
Corridor Management Organization
Head Office
Northeast Northwest
Central Region West Region East Region
Region Region
Port Hope Area North Bay Area Thunder Bay Area
Bancroft Area Office Sudbury Area Office Kenora Area Office
Office Office Office
New Liskeard Area Cochrane Area
Kingston Ottawa Area Office
Office Office
Sault Ste. Marie Huntsville Area
Area Office Office
Corridor Management & Property Section 8
Corridor Management – Head Office
Provides overall guidance, leadership, support and direction to regional corridor
management offices across the province, as well, external stakeholders and the
public
Responsibilities include:
Policy development and support
Custodian of electronic permitting system
Annual highway ROW lease agreements
Land use planning
Stakeholder consultation
Training
Committees and task groups
Corridor Management & Property Section 9
Corridor Management – Regional Offices
Manage respective highway corridors
Responsibilities include:
Issue permits – Includes the administration of permits such as
permit fee collection
Review development applications – Developers,
municipalities, utility companies and the general public.
Examples of applications are subdivisions, site plans, zoning
amendments and severances
Enforcement – Address violations of policies (e.g. sign
infractions)
Corridor Management & Property Section 10
External Stakeholders
MUNICIPALITIES
GENERAL PUBLIC REGIONS
INDIVIDUAL BUSINESS CITIES
Corridor
Management
DEVELOPERS
GOVERNMENT AGENCIES
CONSULTANTS CONTRACTORS
Corridor Management & Property Section 12
Welcome
Heather Doyle
Senior Planner and Policy Advisor
Corridor Management and Property
Section
Corridor Management & Property Section 13
Ministry’s Interest in the Municipal Planning
Why is MTO Involved?
To accommodate development
adjacent to the provincial highway
system while minimizing the impact
on highway operations and
expansion
Provincial transportation facilities and
municipal land use planning are
inextricably linked; transportation
facilities affect municipal planning
and vice versa.
Corridor Management & Property Section 15
Ministry’s Interest in the Municipal Planning
To protect land in the corridor for
future highway expansion
To minimize relocation and
reconstruction costs of utilities,
entrances, municipal roads,
buildings
Corridor Management & Property Section 16
Provincial Policy Statement (PPS) –
Corridor Protection Policies
All planning authorities shall be consistent
with the PPS:
1.6.6.1 Planning authorities shall plan and
protect corridors and rights-of-ways
for transportation, transit and infrastructure
facilities to meet current and projected needs
1.6.6.2 Planning authorities shall not permit
development in planned corridors that
could preclude or negatively affect the use of
the corridor for the purpose(s) for which it was
identified.
Corridor Management & Property Section 17
Two Sets of Legislation
MTO reviews proposed land use developments and municipal
planning documents under two sets of legislation:
The Planning Act
The Public Transportation & Highway Improvement Act (PTHIA)
Corridor Management & Property Section 18
The Planning Act – MTO Interest
Under the Planning Act:
MTO reviews site specific development applications adjacent to
our highways submitted to us from municipalities or MMAH.
MTO also reviews municipal planning documents such as
Official Plans and zoning by-laws to ensure that
policies/regulations are compatible with MTO interests.
Corridor Management & Property Section 19
The Public Transportation and Highway Improvement
Act (PTHIA) - MTO Interest
The Act
Establishes an area of permit control (Sections 34 and 38
of the (PTHIA); an area where there is a need for
municipalities to consult on proposed developments
adjacent to and within the area of permit control of a
provincial highway.
Provides for the designation of a highway (by Order-in-
Council)
Controls development adjacent to a designated highway
corridor
Corridor Management & Property Section 20
The Public Transportation and Highway Improvement
Act
What does designating
a highway by OIC allow the Ministry
to do?
Notifies the public of ministry’s
plans for a new highway
Protects highway corridor by
establishing an area of permit
control which comes into effect
with the designation
Allows MTO to protect land for
future options and future highway
purposes
Corridor Management & Property Section 21
The Public Transportation and Highway Improvement
Act (PTHIA)
Almost all site specific development applications
circulated to MTO from a municipality would be
reviewed under the PTHIA.
MTO will identify our requirements under PTHIA and
identify the required MTO permits.
Corridor Management & Property Section 22
Two Review Processes
MTO reviews development proposals and municipal
planning documents under two review process:
One Window (OW) Provincial Planning
Service; and
Municipal Plan Review (MPR)
Corridor Management & Property Section 23
One-Window Planning Provincial Service (OW)
Where MMAH is the Approval Authority
Under the Planning Act, Council adopted Official Plans must be
circulated by MMAH to interested partner Ministries for their review
and comment
All partner ministries including MTO review these applications under
the One Window Planning Service
Most of MTO planning review is coordinated through the One
Window Provincial Planning Service
Corridor Management & Property Section 24
One-Window Provincial Planning Service (OW)
MTO reviews municipal official plans to ensure
local policies in the plans do not conflict with MTO
mandate, highway planning studies and policy
direction as it relates to land use planning
Corridor Management & Property Section 25
Municipal Plan Review (MPR)
Where Municipal Council is the
Approval Authority
Applies to Municipal Official Plans and local development
proposals where there is an upper tier approval (i.e. County,
Region); MMAH is not involved
No official legislative process for municipalities to consult with
MTO however municipalities do need to consult with MTO under
the PTHIA for developments located within our area of permit
control
Corridor Management & Property Section 26
Municipal Plan Review (MPR)
Most municipalities are aware of MTO need to be
involved in all developments located adjacent to a
provincial highway and within our area of permit
control
In most cases, MTO and municipalities have long
standing working relationships to ensure MTO is
involved within our area of permit control
Corridor Management & Property Section 27
Challenges for MTO
How to ensure municipalities engage MTO in all development
proposals located within our area permit control early in the
process
How to ensure that MTO has an opportunity to review MPR
official plans in the early stages to ensure that MTO concerns are
incorporated in these documents
How to ensure municipalities have effective planning tools to
understanding MTO mandate in municipal planning
Corridor Management & Property Section 28
How MTO Addresses Challenges
MTO seeks opportunities for early intervention and involvement in
the municipal planning process to address any issues including:
Involved in an Official Plan process before Council adopts the
Plan
Involving MTO when developing any plans along Provincial
highways and/or within our area permit control
(i.e. Secondary Plans or site specific developments )
Creating opportunities to speak to municipal staff and
proponents about our OP Guideline and how policies can be
incorporated into local Official Plans
Corridor Management & Property Section 29
How MTO Addresses Challenges
Municipalities and MTO can jointly:
Plan for current and projected needs
Utilize mechanisms to protect the
inter-regional function of existing
corridors from direct and adjacent
points of access to the highway
Protect existing and planned
provincial corridors from new points of
access to ensure the long term
sustainability of provincial corridors
Corridor Management & Property Section 30
#1. High volume commercial
entrances are too close to
interchange ramps.
#2. Low volume commercial
entrances are too close to
interchange ramps.
Impacts of # 1, 2, & 3:
• Traffic backs up along
highway exit ramps.
• Difficult for traffic exiting
highway to make left turns
onto municipal roads.
• Conflict between highway
traffic entering municipal
road and municipal road
traffic exiting to commercial
development.
• Through traffic delayed
#3. At-grade intersections of by turning vehicles.
municipal roads are too close • Left turns increase
to interchange ramp collision potential.
Distance Offset from Highway Interchange to Crossing Road Intersections and Entrances
Corridor Management & Property Section 31
How MTO Addresses Challenges
Provide input to major phases/decision points in the development
of the draft official plan;
Identify and resolve MTO issues, at each stage of the process (or
identify points where MTO and Municipality “agree to disagree”)
Develop tools to assist municipalities in understanding Ministry
interests in municipal official plans and adjacent development
Corridor Management & Property Section 32
MTO Tools for Municipalities
MTO has developed three Guidelines:
Ministry of Transportation Guidelines for Municipal
Official Plan Preparation and Review; and
MTO Guideline for Plan of Subdivision Review Process;
and
Transit-Supportive Guidelines
Corridor Management & Property Section 33
Official Plan Guideline - Highlights
Transportation Planning Policies and Guidelines:
Provincial Policy Statement (PPS)
Sections 1.6.5 and 1.6.6 of the PPS relate specifically to
transportation and infrastructure policies.
Transit Supportive Guideline (Implementation Jan. 2012)
HOV networks
A Guide to Preparing a Transit Ridership Growth Plan
Ontario Bikeways Planning and Design Guideline
Specific Policies and Standards for Impacts on the Provincial
Transportation System:
Policies and Provisions to address local Growth and development
adjacent to and in vicinity of a Provincial highway
General Official Plan Mapping Provisions
MTO Permit Control Area under PTHIA
Corridor Management & Property Section 34
Official Plan Guideline- Highlights
Highway Geometrics
Proposed Access Connections onto a Provincial Highway
Access connections along Municipal Crossroads in the Vicinity of
a Provincial Highway Intersection or Interchange Ramp
Terminal
Lot Design of Proposed Subdivision abutting a Provincial
Highway
Outdoor Storage on Properties abutting Provincial Highways
Corridor Management & Property Section 35
Official Plan Guideline -Highlights
Home Occupations, Industries and Businesses Located
Adjacent to provincial Highways
Access to Properties beyond MTO’s Permit Control Area
Stormwater Management
Trail Crossings
Wayside Pits and Quarries, Portable Asphalt and Concrete
Plants
MTO Patrol Yards
Wind Farms
MTO Owned Lands
Corridor Management & Property Section 36
Official Plan should NOT include
Proposed interchange locations or proposed
highways not approved (or opposed) by the MTO
Geometric details of provincial
highways/interchanges such as #of lanes, widths of
lanes
Commitments that bind the province, such as future
highway studies/projects
Corridor Management & Property Section 37
MTO Guideline for Plan of Subdivision
Review Process
Revised Guideline implemented in
February 2012
It sets out the MTO review
process and requirements for all
subdivisions
Outlines the obligations of both
MTO and proponents of
development
Corridor Management & Property Section 38
MTO Guideline for Plan of Subdivision Review
Process
Introduction of Pre-consultation Meeting with MTO
MTO encourages proponents to attend a pre-consultation
meeting with MTO staff
MTO suggests receiving the plans two weeks before the
meeting to provide valuable feedback at meeting
Provides proponents with what can be expected from MTO
Opportunity to discuss other applicable matters such required
studies and financial responsibilities
Corridor Management & Property Section 39
MTO Guideline for Plan of Subdivision Review Process
Possible Requirements of MTO
Whether the proposed development impacts upon future
plans of the MTO – the status of the planning study would be
outlined
Whether direct access to highway will be permitted
Whether the proposed street entrances meet MTO spacing
requirements
Provide a list of conditions of draft approval (i.e. drainage
plans, traffic impact study, 0.3 m reserve, widening
requirements)
Provide building setbacks from highway property line
Contact information for MTO permits
Corridor Management & Property Section 40
In Summary
Key Messages
Engage MTO early in your planning initiatives
Encourage municipalities to consult with MTO on all
development proposals located within MTO area of permit
control
Work together to protect existing and planned provincial
corridors from new points of access to ensure the long term
sustainability of provincial corridors
Corridor Management & Property Section 41
What is Permit Control ?
The legal limit that the ministry can regulate
buildings, structures, roads, entrances and the
placement of signs
Corridor Management & Property Section 42
Why is Permit Control Important ?
Highway 401 at Keele Street – Toronto (1958)
Corridor Management & Property Section 43
Why is Permit Control Important ?
Highway 401 at Keele Street – Toronto (2012)
Corridor Management & Property Section 44
Why is Permit Control Important ?
Highway 401 at Toronto Pearson International (2006)
Corridor Management & Property Section 45
Types of Corridor Management Permits
Building and Land Use
Encroachment
Entrance
Sign
Corridor Management & Property Section 46
Building and Land Use Permit
Building and land use is defined as a building,
structure or fence adjacent to a provincial highway
within permit control
Corridor Management & Property Section 47
Building and Land Use Permit - Controlled Area
Controlled-Access Highway
Corridor Management & Property Section 48
Building and Land Use Permit - Controlled Area
King’s Highway
Corridor Management & Property Section 49
Building and Land Use Permit - Objective
To maintain the highest flow of highway traffic with
the highest degree of safety
To reduce the likelihood that future changes in the
highway right-of-way will make it necessary to
relocate buildings (e.g. proper setbacks, mitigate
drainage/traffic impacts, etc.)
Reduce expense and inconvenience to the property
owner and the public
Corridor Management & Property Section 50
Building and Land Use Permit - Residential
Corridor Management & Property Section 51
Building and Land Use Permit - Commercial
Corridor Management & Property Section 52
Building and Land Use Permit – Large Generator
Yorkdale
4
0
1
Corridor Management & Property Section 53
Encroachment Permit
An encroachment is defined as works or other
installations that are placed upon, under, or over
which in any way interferes with, or infringes upon the
right-of-way of a highway
Corridor Management & Property Section 54
Encroachment Permit - Objective
Reduce liability on highway right-of-way
Ensure safety of travelling public
Reduce the likelihood that works may interfere with a
highway or create a maintenance problem
Ensure all works are satisfactory to MTO and all
costs are borne by the encroaching party
Corridor Management & Property Section 56
Entrance Permit
An entrance is defined as a private road,
entranceway, gate or other structure or facility used
as a means of access to, or exit from, a highway; and
shall include any curbs, gutters or other works
relative thereto
Corridor Management & Property Section 60
Entrance Permit - Controlled Area
Entrances on a King’s Highway right-of-way are
permitted, providing MTO requirements are met
Entrances on controlled-access highways are not
permitted
Corridor Management & Property Section 61
Entrance Permit - Objective
Reduce liability on the highway right-of-way
Maintain operating integrity of the highway system
Control development impact
Reduce future problems and costs including the
potential restriction of future expansion opportunities
Ensure environmental protection
Corridor Management & Property Section 62
Sign Permit
Sign shall include any sign, notice, advertising
device, or any part thereof whether it contains words
or not and shall include any device that is used solely
to attract attention
Corridor Management & Property Section 65
Sign Permit - Controlled Area
Any “visible” sign within 400 m of ministry property limits
Corridor Management & Property Section 66
Sign Permit - Objective
To balance the needs between highway safety,
environmental considerations, sign owners and
individual businesses
Corridor Management & Property Section 67
Corridor Management Public Service Commitments
Implemented April 1, 2011
MTO committed to:
Providing prompt and clear information and guidance to help
process your building, entrance, sign and encroachment
applications
Streamlining the review processes for residential subdivision
proposals
Target = 100%
2011 Performance measurement = 90% – 100%
Corridor Management Public Service Commitments and Performance
Reports are available on MTO Website:
http://www.mto.gov.on.ca/english/service-commitment/corridor-mgmnt-permit-appln.shtml
Corridor Management & Property Section 71
Current Issues
Corridor Management Permit System
Permit Fee Increase – October 1, 2012
Sign Enforcement
Corridor Management & Property Section 72
Corridor Management Public Website
General Information
Policies and Guidelines
Applications
Fee Schedule
Contact Information
http://www.mto.gov.on.ca/english/engineering/management/corridor/index.shtml
Corridor Management & Property Section 73
Contact Information
Head Office:
Tony Di Fabio Heather Doyle
Senior Planner & Policy Advisor Senior Planner & Policy Advisor
Corridor Management and Property Office Corridor Management and Property Office
Ministry of Transportation Ministry of Transportation
Tel: 905-704-2656 Tel: 905-704-2913
Fax: 905-704-2777 Fax: 905-704-2777
Email: tony.difabio@ontario.ca Email: heather.doyle@ontario.ca
Ted Lagakos Kris Kernaghan
Senior Planner & Policy Advisor Head
Corridor Management and Property Office Corridor Management and Property Office
Ministry of Transportation Ministry of Transportation
Tel: 905-704-3257 Tel: 905-704-2230
Fax: 905-704-2777 Fax: 905-704-2777
Email: ted.lagakos@ontario.ca Email: kris.kernaghan@ontario.ca
Corridor Management & Property Section 74