Loading...
HomeMy WebLinkAbout23 097 Site Plan Control Policy By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2023 – 097 Being a By-law to Adopt a Site Plan Control Policy for The Corporation of the Municipality of Kincardine Whereas pursuant to the said Municipal Act, Sections 8 and 9 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; and Whereas Section 270 (1) of the Municipal Act 2001, S.O. 2001, c. 25, as amended, requires a municipality to adopt and maintain a policy with respect to the manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public; and Whereas Section 41 of the Planning Act provides that no person shall undertake any development in a site plan control area designated by by-law without having first received approval; and Whereas the Council of the Corporation of the Municipality of Kincardine desires to adopt a new Site Plan Control Policy; now therefore be it Resolved that the Council of The Corporation of the Municipality of Kincardine Enacts as follows: 1. That the Site Plan Control Policy for The Municipality of Kincardine, attached hereto as Schedule ‘A’ and forming part of this By-law be adopted. 2. That this By-law shall come into full force and effect upon its final passing. 3. That all other Policies passed by By-law or Motion inconsistent with this By-law, be repealed. 4. That By-law may be cited as the “Site Plan Control Policy By-law”. Read a First and Second Time this 12th day of June, 2023. Read a Third Time and Finally Passed this 12th day of June, 2023. Mayor Clerk Schedule ‘A’ By-law 2023 - 097 Policy No.: DS.01 Section: Your Change and Growth Policy Title: Site Plan Control Adopted Date: June 12, 2023 By-law No.: 2023 - 097 Revision Date: 1. Purpose This policy is to provide municipal staff with a process for handling and responding to an application received from owners and developers requesting site plan control. The intent of site plan control generally is to improve the efficiency of land use and servicing and to encourage appropriate development of the built environment for the Municipality of Kincardine. 2. Scope The policy applies to all requests received from owners and developers for development in the designated site plan control area for the Municipality of Kincardine. 3. Responsibility The Manager of Development Services in conjunction with the Site Plan Review Group as further detailed under Site Plan Control Bylaw #2023-026 shall be responsible to ensure the provisions of the policy are effectively conveyed and applied to all developments in an orderly manner so as to facilitate and encourage sound development protocols within the Municipality of Kincardine. 4. Procedure/ Policy The process is designed to be a predictable business-friendly process that includes a basic standard application type, streamlined submission requirements and a dedicated technical review to anticipate needs and resolve issues as they arise. Every project is different and may not need to proceed through all potential steps in the process. Site Plan Control Process: a) Pre-consultation The purpose of a pre-consultation meeting is to provide the owner with an opportunity to review the proposed application with municipal staff, to discuss potential concerns and receive preliminary comments. This meeting is also intended to inform the applicant of submission requirements. b) Application Submission The site plan application form, in conjunction with the required drawings and studies/reports must be submitted to the Municipal Administration Office through the Development Services Department. Application shall include all applicable fees and deposits as per the Rates and Fees By-law. For all administration, professional, legal, and agency reviews are at the expense of the Owner. c) Circulation After a complete application is submitted, it will be circulated to municipal officials and other agencies as required, for review and comment. Any comments that are received during the circulation process will be provided to the applicant. The Applicant is required to address the comments and submit revised site plan drawings. d) Agreement Preparation Once the plans and drawings are finalized the Municipality will prepare the site plan agreement. Schedule ‘A’ By-law 2023 - 097 e) Signature The complete agreement will be forwarded to the Applicant for signature. Once signed the agreement is returned to the Municipality and it will be signed by the CAO (as designated) for approval. f) Registration Once the Agreement is signed it will be registered on title of the property affected. It is understood that each site plan may have specific characteristics that are unique to the project and that provisions shall be negotiated with the developer on an “as required” basis to address and incorporate any site-specific design features and requests. 5. Related Policies Site Plan Control Bylaw #2023-026 6. Related Documents/Legislation The Planning Act R.S.O. 1990 c.P.13 – Section 41