Strategic Elements for

Regional Plan, Local Plan

and Urban Codes

Technical Report No.12

Code Implementation Manual
[Draft]
Contents

1. Introduction 5

2. Code Approval and Administration 9

2.1 Overall responsibility for code administration 10

2.2 Code approval and adoption  12

2.3 Code operation in the development process  14

2.3.1 General procedure for development applications 14

2.3.2 Urban code specific processes 16

2.4 Appeals 18

2.5 Enforcement and violations 20

2.6 Code amendment  20

3. Place and timing of governance, legislative and regulatory

changes23
3.1 Key regulatory changes 24

3.2 Inter-agency responsibility and relationships 26

3.3 Schedule of key activities and delegation of responsibility  28

2 Northern Borders Region Technical Report No. 12

4. Training, capacity building and certification 31
4.1 Training  32

4.2 Capacity Building  34

4.3 Certification 36

5. Quick wins 39

3
 01
Introduction
01 Introduction

As critical urban development tools, the

Regional Code and Urban Code are set to
play a vital role in guiding and regulating
land development in order to achieve
the planned vision for Northern Borders
Region. These codes provide a structured
framework that aligns with the long-
term goals and aspirations of the region,
promoting sustainable growth, economic
prosperity, and an enhanced quality of life
for its residents.

This manual for implementation of the

Northern Borders Region Regional Code
and Urban Code is intended to supplement
the overall implementation action plan
for the Northern Borders Region. It
provides instructions, steps, and timing for
responsible entities to follow in order to
introduce and operationalize the Regional
Code and Urban Code. It also provides
additional guidance on training, capacity-
building and suggests a certification
process.

The proposed instructions provided in

this manual are subject to further revision
and refinement based on input from key
stakeholders and implementers.

6 Northern Borders Region Technical Report No. 12

Pic 1 Arar, view of the
central parts of the city
(Consultant Team, 2022).

7
 02
Code
Approval and
Administration
02 Code Approval and
Administration

2.1 Overall responsibility

for code administration

Code administration will be integrated Municipal authority to approve site plans,

into existing land development building plans, and other development and
processes overseen by MoMRAH land use changes is subjected to review and
and municipalities. To ensure proper approval by a regional code review panel.
interpretation and application of the
code, a new Code Review Panel will Code Review Panel
be established to assist in review of
applications and violations. Regional code review panel to be granted
authority and mandate to interpret the
Administration responsibilities to be urban code and regional code, invcluding
allocated in the following manner: through referral of development
applications, violations, and disputes.
MoMRAH and Municipalities
• Overseen by Regional Oversight
• MoMRAH and municipalities to retain Committee, which is to be responsible
responsibility for administrating the for cooperating with MoMRAH and
development process, including local officials to ensure clear public
processing and approving site plans and understanding regarding the codes’
building permits, and enforcing land use requirements, and conducting its own
regulation. public outreach.

• Responsible for referring development • Includes independent expert staff, with

applications and code-related questions technical support from MoMRAH.
to code review panel.

• Responsible for maintaining and making

publicly accessible the Regional Code
and Urban Code and associated maps.

10 Northern Borders Region Technical Report No. 12

 EXISTING BUILDING CODE REVIEW PANEL
PERMITTING PROCESS

Arar Municipality and other

municipalities continue Review applications for code
administrating development compliance
permitting processes

Insert new requirement to refer

applications to code review panel Review violations and referred
within regulatory period for issuing matters
application

Arar Municipality and other munic-

ipalities refer violations to review Oversight by Oversight Committee
panel for internal adjudiction

11
2.2 Code approval and
adoption

The schedule for approval and adoption

Q1-Q2 - 2 2024
Phase 1:
of the Regional Code and Local Code is to
proceed along the following schedule:

Phase 1 (2024): The Ministry of Municipal municipality adopts its Urban Code
and Rural Affairs and Housing (MoMRAH) Map as part of their local plan. The
approves the Regional Code and Urban Urban Code becomes effective in
Code for Arar City via special committee. each jurisdiction upon the adoption
The Regional Code will not be approved of its corresponding Urban Code Map.
until the Regional Plan is adopted. Once This process will be repeated for all
approved, the Regional Code will not take other cities and towns in the region
effect until a Code Map is adopted. The over time.
Code Map becomes a binding part of the

Phase 2:
Regional Code. The effective date for the

Q3-Q4 2024
code’s implementation will be specified in
the code itself. Administration provisions
must be included and developed in
coordination with implementing entities.
Public notice and outreach regarding
changes to occur following approval.

Phase 2 (2024): Initial city-specific zoning Phase 3:

map for Arar City is approved, dependent on 2025
passage of the local plan.

Phase 3 (2025): If necessary, adjustments

to codes and maps may be made within one
year of promulgation based on experience
and suer feedback.
Phase 4:
2025 - 2030

Phase 4 (2025-2030): MoMRAH oversees

the development of Urban Code Maps for
municipalities throughout the region. Each

12 Northern Borders Region Technical Report No. 12

 MoMRAH approves Regional Plan [prerequisite] MoMRAH approves Local Plan [prerequisite]

MoMRAH approves Regional Code MoMRAH approves Urban Code

• Passed as MoMRAH regulation applicable to • Passed as MoMRAH regulation applicable to

region. region.
• No impact on planning permissions until Code • No impact on planning permissions until Code
Map is adopted. Map is adopted.
• Public provided notice and opportunity to • Public provided notice and opportunity to
comment prior to Code Map adoption. comment prior to Code Map adoption.
• Engage in public outreach to ensure broad • Engage in public outreach to ensure broad
understanding of the Regional Code by understanding of the Regional Code by affected
affected parties. parties.

MoMRAH approves Regional Code

Map
• Regional Code becomes effective for rural
areas upon adoption of a
• Regional Code Map for the area.
Map publicized, public provided notice and
opportunity to comment.

MoMRAH & Northern Borders

Municipality approve Local Code Map
for Northern Borders City
• Urban Code becomes effective for rural areas
upon adoption of a Urban Code Map for the
area.
• Map publicized, public provided notice and
opportunity to comment.

MoMRAH & Northern Borders

MoMRAH revise code and map
Municipality revise code and map
• MoMRAH assesses functioning of Regional • MoMRAH & Northern Borders Municipality
Code and make revisions to Code and Map assess functioning of Urban Code and make
as necessary based on review and public revisions to Code and Map as necessary
comments based on review and public comments.

MoMRAH and local municipalities develop and

adopt local plans in other urban areas
[prerequisite]

MoMRAH and local municipalities adopt

Code Maps for other urban areas
• Urban Code becomes effective for an area
Fig 1 Process of code approval and adoption (The upon adoption of a Code Map for the area.
Consultant Team, 2023)
13
2.3 Code operation in the
development process

2.3.1 General procedure for development

applications

Code compliance review to be included The following additional instructions

in existing processes for land use change apply to administration of development
and development applications (e.g. building applications implicating either the Regional
permits, subdivision requests). Code or Urban Code (as applicable to the
location of the proposed development):

Pre-Application Application Submission

• MoMRAH to revise application guidance, • Applicants to submit site plans and

instructions and forms to provide building plans according to the existing
that applications must conform with development application process, which
the Regional Code or Urban Code, as is administrated by municipalities with
applicable. oversight by MoMRAH.
• MoMRAH to make Regional Code, Urban • Applicants to certify compliance with
Code, and maps publicly available, and submit information sufficient to
including through online GIS portal. indicate compliance with applicable
code.
• Code review panel public engagement
unit to make itself available to meet with
municipal officials and development
proponents for pre-application
conferences for clarification regarding
code requirements.

14 Northern Borders Region Technical Report No. 12

 Application Processing Application Review

• Municipalities to refer site plans and • Code review panel to review and
building plans to code review panel. issue decision approving site plans
(site review) and building plans
• Code review panel to review site plans
(design review) as conforming with
and building plans for conformance in a
applicable code, or else indicating non-
timely manner to allow for compliance
conformance.
the statutory and regulatory deadlines
provided for granting development • Code review panel non-conformance
applications. decision to include a brief explanation for
non-conformance finding.
• Code review panel to submit decision to
municipal officials, who are responsible • If code review panel issues non-
for issuing development approval. conformance decision, municipal
officials shall not approve applications,
and shall notify applicant of the decision
and reason for the decision.
• If the application implicates code
heritage provisions, code review
panel heritage subcommittee to
issue a heritage decision determining
conformance with heritage
requirements. This decision shall be
processed in the same manner as site
review and design review.

15
2.3.2 Urban code specific processes

MoMRAH and municipalities must • Municipal officials to receive and process

incorporate new processes into land Conceptual Master Plan and Plan of
development processes in order to Subdivision Review for referral and
administer the Urban Code. review by the code review panel.

• Code review panel to determine

The following instructions to apply to
conformance with Urban Code prior to
applications under the Urban Code:
moving forward with application.
After approval of the above, individual
Individual Plots
site applications and park and street
• Applicants for plot-based zoned areas
designs to be subject to additional
to apply the steps indicated for general
independent review.
application (section 2.3.1 above).
Development applicants to be provided
Special Zones opportunity to seek relief from
applicable code requirements in two
• Applicants in Special Zones to submit ways:
Contextual Plan as initial submission for
conformance review. Request for Variance
• Relief from Code requirements to be
• Municipal officials to receive and process
permitted on the basis that hardship
Contextual Plan for referral and review
or practical difficulties may result from
by the code review panel.
strict compliance with the applicable
• Code review panel to determine Code.
conformance with Urban Code prior to
• Variance to be requested by application
submission of site plans and building
prior or with development application.
plans.
Municipality to process variance
application for referral to code review
Future Development Areas
panel.

• Applicants in master planned Future • Variances not to be granted

Development Areas to submit contradicting the intent and purpose of
Conceptual Master Plan and Plan of the Code, Regional Plan or Local Plan, as
Subdivision Review as initial submission applicable.
for conformance review.

16 Northern Borders Region Technical Report No. 12

Request for Rezoning Heritage Amendments

Requests to change zoning of a site to Any party to be permitted to apply to

be permitted on the basis that the public designate additional sites or properties as
necessity, general welfare, or purpose of the heritage landmarks.
Code requires it.
• Applicants to request heritage
• Applicants to request rezoning designation requested by application to
requested by application prior or with Municipality.
development application.
• Municipality to process application for
• Applicants to bear burden of adequately referral to code review panel.
describing and justifying change Panel to refer application to heritage
Municipality to process variance subcommittee.
application for referral to code review
panel. Pre-existing non-conformities

• Rezoning not to be granted contradicting

Lawfully existing non-conformities to be
the intent and purpose of the Code,
permitted to continue in operation on the
Regional Plan or Local Plan, as
same land and in the same nature of use.
applicable.

• Any rehabilitation or maintenance must

Changes or departures from the original
comply with Urban Code or Regional
Regional or Urban Code Map to also be
Code, as applicable.
permitted through the following means:
• Substantial changes, improvements,
Rezoning by Authority expansions, or new construction must
conform with Urban Code or Regional
Municipality and Code Review Panel to be Code, as applicable.
permitted to initiate rezoning process on
their own initiative.

• Process must be initiated with public

notice and specific notice to directly
affected parties.

• Directly affected parties to be provided

opportunity to comment and appeal.

17
2.4 Appeals

The following instructions to apply to Key

appeals of code review denial decisions Applicant actions Decisions

(e.g. development applications and Governmental actions Approved
rezoning requests) under the Regional Process action
Code and Urban Code: START

• Applicants to be provided denial decision

Applicant
and the reasons for denial within a
File Application
reasonable time.

• Applicants to be afforded right to appeal

decision.

Municipality
• Applicants to direct appeals within
a prescribed time (e.g. 30 days) to
Process
Oversight Committee. application

• Oversight Committee to refer appeal to

special committee for grievances and
Code Review

appeals (Special Appeals Committee).

Panel

• Special committee for grievances and Review

Application
appeals to review and affirm or overturn
denial within 60 days of filing.

• Special Appeals Committee decisions

to be appealable to the Board of
Committee
Appeals
Special

Grievances in accordance with the

Law of Procedure before the Board of
Grievances.
grievances
Board of

Fig 2 Submission and appeals process (The Consultant

Team, 2023)

18 Northern Borders Region Technical Report No. 12

 FINISH

File appeal of denial / Receive denial

Receive decision
conditional approval File appeal
decision

Conditionally
approved / Denied

Approved

Conditionally
approved / Denied
Review
Application

Approved

Review Final appeal

Application decision

19
2.5 Enforcement and 2.6 Code amendment
violations Review of the Regional Code and Urban
Code to take place starting five years
Municipal officials to be responsible for after initial approval. By this time
enforcement of the Regional Code and (2030) it is expected that a Region
Urban Code. Development Authority (RDA) will have
been authorized to assume control over
• Municipal officials to be responsible for region-wide planning in The Northern
including review for Code conformance Borders Region.
during site and building inspections.
Regional Code
• Municipalities to accept public
complaints regarding code violations,
Amendment of the Regional Code to
and to establish procedures for receipt
be undertaken by the RDA. Review and
and processing.
opportunity to amend to take place every
• Municipalities to refer potential violations ten years with or directly after Regional Plan
and complaints to code review panel for review.
a determination regarding violation.
Urban Code
• Violation decisions subject to regular
appeals process.
Amendment of the Urban Code to be
• Municipalities to work with the Ministry undertaken by the RDA in consultation with
of Interior and Regional Government MoMRAH and municipalities. Review and
through normal avenues with respect to opportunity to amend to take place every
prosecution of violations. ten years with or directly after Local Plan
review.

20 Northern Borders Region Technical Report No. 12

 Initiate Code Review Public Notice of Code Review
Public and stakeholder outreach
and comment period

Conduct review

Receive comments

Draft amendments

Complete draft of amendments Issue draft amendments

Public and stakeholder outreach
and comment period

Receive comments
Review of public comments

Revise amendments

Fig 3 Code amendment and review process (The

Consultant Team, 2023)

21
 03
Place and
timing of
governance,
legislative and
regulatory
changes
Local Plan Implementation

03 Place and timing of

governance, legislative and
regulatory changes
3.1 Key regulatory changes

Implementation of the Regional Code and MoMRAH approval and adoption of

Urban Code requires a number of legislative, Urban Code as regulation (2024)
regulatory, and administrative actions MoMRAH to approve and adopt the Urban
to create the envisioned governance Code as a regulation upon its finalization.
framework as explained in the Regional and approval and adoption of the Local Plan
Plan and Local Plan and associated (expected early 2024). Local Code not to be
Technical Reports. effective until map is finalized and published
(expected second half of 2024).
This manual provides details regarding
the specific steps and timing needed to Ministerial Resolution requiring
be taken in this respect. The following conformance to Urban Code and
regulatory changes in particular are Regional Code (2024)
important to note: Council of Ministers to issue Ministerial
Resolution providing for:
MoMRAH approval and adoption of Establishment of Oversight Committee with
Regional Code as regulation (2024) authority to oversee code review panel and
MoMRAH to approve and adopt the special appeals subcommittee.
Regional Code as a regulation upon its Compliance of all public and private
finalization and approval and adoption of development in the Region to conform
the Regional Plan (expected early 2024). with the Regional Code or Urban Code, as
Regional Code not to be effective until map applicable.
is finalized and published (expected first half
of 2024). Amendments to MoMRAH development
approval procedures (2024)
MoMRAH to amend regulatory procedures

24 Northern Borders Region Technical Report No. 12

governing processing of plans and building
permits for development approval to include
a new requirement for site plans and
building plans associated with development
applications to be referred to the regional
review panel for review within a set period
for compliance with the Urban Code or
Regional Code, as applicable. Includes
but not limited to (subject to further
verification):

• MoMRAH Controls for Approving

Governmental and Private Land
Divisions.

• Executive Regulations of the Municipal

Licensing Procedures Law.

• MoMRAH Licensing Services Procedures

Manual Structural.

A full list of legislative and other

governance-related activities are
described in the following diagram.

25
3.2 Inter-agency responsibility and relationships

MoMRAH/Municipalities
(administer development approvals)

Authorize MoMRAH/Municipal application

and enforcement of the Regional Code and Promulgates code
Urban Code as law

Ensure that code compliance is included

in existing development control regulatory Revises existing development application
procedures requirements

Ensure implementing entities are subject to Receive + process development

Codes in their activities applications

Issue permits with or without conditions or

denial

Monitor compliance

Issue notices violation

Fig 4 Diagram illustrating the delegation of responsibility Enforce requirements

and inter-agency relationships (The Consultant Team,
2023)

26 Northern Borders Region Technical Report No. 12

 Authorize new institutional structures to
Oversight Committee operationalize inter- and cross-ministerial
(oversight) compliance with the codes

Special Committee for Appeals +

Code Review Panel
Grievances
(interprets code)
(Internal appeals)

Review applications for Code compliance

Review appeals of denials based on code

Review violations of Code

Review appeals of notices of violation

27
3.3 Schedule of key activities and delegation of
responsibility

Activity Activity type

Adopt Regional Code Legislative (regulations)

Adopt Urban Code Legislative (regulations)

Amend land use regulation procedures to

Legislative (regulations)
incorporate codes

Authorize Oversight Committee, Code

Legislative (statutory)
Review Panel, Special Appeals Committee

Establish Oversight Committee, Code

Institutional
Review Panel, Special Appeals Committee

Administration of the Regional Code and

Administrative process
Urban Code

Interpretation of the Code and Code

Administrative process
Compliance

Monitoring and Evaluation of administration

Oversight
and code review

Establish and authorize RDA Legislative (statutory)

Review and amendment of Urban Code Legislative (regulations)

Review and amendment of Regional Code Legislative (regulations)

28 Northern Borders Region Technical Report No. 12

 Entity Timing

MoMRAH 2024

MoMRAH/Northern Borders Municipality 2024

MoMRAH 2024

Council of Ministers 2024

MoMRAH and other implementing

2024 (by 2025)
governmental entities

Municipality/MoMRAH integrate into land +

2025 +
development processes

Code Review Panel 2025 +

Oversight Committee 2025 - 2030

Council of Ministers 2029

RDA 2030 +

RDA 2030 +

29
 04
Training,
capacity
building and
certification
04 Training, capacity
building and certification

4.1 Training

Both internal and external training on the External Education

Regional Code and Urban Code is required
upon approval and adoption. MoMRAH, Northern Borders Municipality,
and the Oversight Committee once
Internal Education established to conduct outreach and
education of stakeholders, including:
MoMRAH to arrange for extensive
internal orientation, training, and • Other governmental stakeholders,
education for the following entities: particularly those with developmental
• MOMRAH regional planning officials responsibilities.
Northern Borders Municipality planning
• Trade associations and development
and land use administration officials
industry.
• Planning and land use administration
• Land-owners and the general public.
officials of other municipalities within
Northern Borders Region

• MoMRAH officials assigned to Oversight

Committee officials and staff, particularly
staff and members of:
1. Code Review Panel
2. Special Appeals Committee

32 Northern Borders Region Technical Report No. 12

Areas of training that are to be of Public Outreach and Communication
particular focus include the following: Training:

Training on Regional Code and Urban MoMRAH officials and municipal authorities
Code Approval Process: Officials involved require training on conducting effective
in the code approval process, particularly public outreach and communication
at MoMRAH, to be trained on the entire strategies. This training should cover
process of code approval, adoption, and the methods for public notice, official
required dependencies. This training should publication, announcements, and organizing
cover the specific timelines, conditions, and public events and industry gatherings
requirements for the approval of both the to disseminate information about the
Regional Code and the Urban Code. Regional Code and Urban Code. Training
should emphasize the importance of
Orientation Training for MoMRAH and transparency and clarity in communicating
Municipal Staff: In the second half of 2024, the requirements of the codes to the public.
MoMRAH should conduct orientation
training for its regional staff and municipal Legal Training for Appeal Processes:
officials. This training is essential to ensure
that all staff members are aware of the Officials involved in the application appeals
provisions, requirements, and administration process to be trained on legal procedures
of the Regional Code and Urban Code. to ensure that all aspects of the appeals
It should include in-depth explanations process adhere to legal requirements.
of the code’s provisions, key roles and This includes ensuring that applicants are
responsibilities of officials, and any changes provided with timely decisions, the right to
or updates to the previous regulations. appeal, and a clear process for submitting
appeals to the Oversight Committee and
the Special Committee for Grievances and
Appeals.

33
4.2 Capacity Building

Capacity building is critical to

implementing the Regional Code and
Urban Code. The following entities to be
the focus of capacity-building:

• MoMRAH regional office violations, and resolving disputes. The

training should also focus on promoting
• Northern Borders Municipal planning and
consistency and accuracy in their decision-
land use officials
making processes.
• Oversight Committee
GIS and Online Portal Development
The following areas in particular are key
areas of capacity-building: MoMRAH officials to build capacity in
order to facilitate the development and
Capacity Building on Code Adoption management of the online GIS portal.
The portal to provide public access to the
Officials responsible for code adoption to Regional Code, Urban Code, and associated
be trained on the significance of Code Maps maps. Officials to be proficient in updating
and their relationship to the implementation and maintaining the portal regularly to
of the Regional and Urban Codes. This ensure accurate and up-to-date information
training should focus on how Code Maps is available to the public.
are developed, approved, and become a
binding part of the respective codes. Capacity Building for Heritage Decisions

Technical Capacity for Code Review A specialized training program should be

Panel and Oversight Committee provided to members of the Code Review
Panel Heritage Subcommittee to ensure
The Regional Code review panel and the they have the necessary knowledge
Oversight Committee need specialized and expertise to evaluate applications
technical training to interpret and apply the implicating code heritage provisions
Urban Code and Regional Code. Training accurately. Training should focus on
should cover procedures for referring heritage requirements and preservation
development applications, handling principles.

34 Northern Borders Region Technical Report No. 12

Continuous Professional Development

To ensure that officials are continuously

updated with the latest developments,
changes, and best practices in code
approval and administration, a system
of continuous professional development
should be established. Regular workshops,
seminars, and training sessions can be
organized to keep officials informed and
equipped to handle their responsibilities
effectively.

35
4.3 Certification
MoMRAH to coordinate with the Ministry of
Education and local academic and higher
education institutions (including Northern
Borders University) to develop a certificate
program for proficiency in the Regional
Code and Urban Code. The certificate
program to be used to certify professionals
working in the planning, design, and
development professions, including officials,
development professionals working in the
industry, including private engineering and
design consultants and contractors, and
members of the general public interested in
certification.

Development of the program by educational

partners with MoMRAH input to involve the
following steps:

Identify and establish Develop curriculum covering Include an additional module

partnership with educational the content of the Regional for specialization in heritage
institutions to develop Code and Urban Code provisions.
curriculum and program and sufficient to demonstrate
to develop platform. an ability to interpret and
apply them, including an
understanding of how the
codes influence site planning,
building design, and land use.

36 Northern Borders Region Technical Report No. 12

Once certification program is
established, MoMRAH to take the
following steps:

• Require certification as a requisite for These should be coordinated with the

MoMRAH and municipal staff working Ministry of Education, Northern Borders
with the Regional Code or Urban Code. University, and other educational institutions
that provide certification programs.
• Require private consultants and
contractors working on development
projects in the Region to be certified as
part of MoMRAH’s existing contractor
certification process.

• Establish process for recognition of

certification.

• Arrange for maintenance of certification

records and for a verification process to
confirm certification.

Identify platform and schedule Identify certifying entity (likely

for delivering content, Oversight Committee/Code
including online. Review Panel).

Fig 5 Development of the certification program with

partners (The Consultant Team, 2023)

37
 05
Quick wins
05 Quick wins
The following quick wins are associated
with the Regional and Urban Code:

1 Approve Regional Code

2 Approve Urban Code

3 Establish Code Review Panel

4 Revise regulations governing development approval process to

include review under the Regional and Urban Code, as applicable

5 Conduct plan orientation and training for MoMRAH and

municipal staff

6 Establish partnerships with learning institutions for creation of

code certification program

40 Northern Borders Region Technical Report No. 12

Pic 2 Residences in
Arar’s central districts
(Consultant’s Team, 2023).

41