HomeMy WebLinkAbout99 032 Agree - Planning Service
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1HE CORPORATION OF THE TOWNSHIP OF KINCARDlNE-BRUCE-TIVERTON
BY-LAW
NO. 1999 - 32
A BYLAW TO ESTABLISH AN AGREEMENT PURSUANT TO SECTION 15 OF
THE PLANNING ACT, R.S.O.1990, BETWEEN THE CORPORATION OF THE
COUNTY OF BRUCE AND THE TOWNSHIP OF KINCARDINE-BRUCE-
TIVERTON REGARDING PLANNING SERVICES
WHEREAS the Municipality of the Township of Kincardine-Bruce- Tiverton has
deemed it expedient to enter into an Agreement pursuant to Section 15 of the Planning
Act, 1990, with the County of Bruce regarding planning services;
NOW THEREFORE the Council for The Corporation of the Township of Kincardine-
Bruce- Tiverton ENACTS as follows:
THAT the Mayor and the Clerk be and they are hereby authorized on behalf of the
Corporation of the Township of Kincardine-Bruce-Tiverton to execute the Agreement
between the Corporation of the County of Bruce and the Township of Kincardine-Bruce-
Tiverton.
A copy of the Agreement is attached as Schedule "A:" to this bylaw.
This By-Law shall come into full force and effect on January 1st, 1999.
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 21st day of
April, 1999.
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NO. 1999 - 32
A BYLAW TO ESTABLISH AN AGREEMENT PURSUANT TO SECTION 15 OF
THE PLANNING ACT, R.S.O. 1990, BETWEEN THE CORPORATION OF THE
COUNTY OF BRUCE AND THE TOWNSHIP OF KINCARDINE-BRUCE-
TIVERTON REGARDING PLANNING SERVICES
WHEREAS the Municipality of the Township of Kincardine-Bruce- Tiverton has
deemed it expedient to enter into an Agreement pursuant to Section 15 of the Planning
Act, 1990, with the County of Bruce regarding planning services;
NOW THEREFORE the Council for The Corporation of the Township of Kincardine-
Bruce- Tiverton ENACTS as follows:
THA T the Mayor and the Clerk be and they are hereby authorized on behalf of the
Corporation of the Township of Kincardine-Bruce- Tiverton to execute the Agreement
between the Corporation of the County of Bruce and the Township of Kincardine- Bruce-
Tiverton.
A copy of the Agreement is attached as Schedule "A:" to this bylaw.
This By-Law shall come into full force and effect on January 1st, 1999.
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 21st day of
April, 1999.
Mayor
Clerk
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SCHEDULE "A"
OF BYLAW 1999 - 32
Tms AGREEMENT MADE THE 21" DAY OF APRIL, A.D. 1999.
BETWEEN:
THE CORPORATION OF THE COUNTY OF BRUCE
Hereinafter called the "County"
OF THE FIRST PART
-AND-
THE CORPORATION OF THE TOWNSmP OF KINCARDINE-BRUCE-
TIVERTON
Hereinafter called the "Local Municipality"
OF THE SECOND PART
WHEREAS the Local Municipality has certain authorities, responsibilities, duties and
functions of a planning nature under The Planning Act, 1990.
AND WHEREAS Section IS of the said Planning Act R.S.O. 1990 would permit the
Council of the County, on such terms and conditions as may be agreed upon with the Council of
the Local Municipality to assume any authority, responsibility, duty or functions that the Local
Municipality has under the said Planning Act R.S.O. 1990.
NOW THEREFORE the Council of the Local Municipality covenants and agrees with
the Council of the County as follows:
1. The Council of the Local Municipality agrees to delegate to the Council of the County the
following authorities, responsibilities, duties and functions of a planning nature under
The Planning Act, R.S.O. 1990 and amendments thereto:
a)
the responsibility for the processing, review, reporting and recommending upon
Official Plan and Zoning By-Law applications under Sections 17 and 34 of The
Planning Act; and, providing the Council of the Local Municipality with
recommendations on such applications;
b) the responsibility for processing, review, reporting and recommending upon
matters to Committee(s) of Adjustment pursuant to Section (44) and (45) of the
Planning Act, R.S.O. 1990, and amendments thereto.
2. The Council of. the Corporation of the County of Bruce agrees to assume the
responsibilities, duties and functions stipulated in Subsection (a) and (b) above.
3. It is agreed that any authority, responsibility, etc., of a planning nature such as
community improvement plans, property standards, site plan control, the authority to
adopt Official Plans and Zoning By-Laws and Amendments thereto, under the Planning
Act or any other Act, which is not specifically mentioned above, shall be retained by the
Council of the Local Municipality.
4.
It is hereby agreed that the County will prescribe a tariff of fees for the processing of
applications under the Agreement, which tariff shall be designed to meet the anticipated
cost to the County with respect to the processing of each type of application. A copy of
the Tariff of Fees is attached as Schedule "A" to this Agreement. Such fees shall be
payable at the time of the application, or as required as a condition of approval.
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Page 2
Schedule A of Bylaw 1999-32
5.
Participation by the County in Special Projects for Local Municipalities, such as Local
Official Plans, Local Comprehensive Zoning By-Laws, Local Secondary Plans or similar
projects, will be arranged separate from this Agreement.
6. This Agreement shall be binding upon the respective parties for a period ending
December 31, 2000 after which it may be terminated by either party with at least 60 days
written notice. The 60 day period shall commence on the day following the date of the
mailing of such notice.
7. In the event that this Agreement is terminated, any matters mentioned in Section 1 of this
Agreement that have been commenced as of that date, shall be continued and finally
disposed of under the terms of this Agreement.
8. For the purposes of this Agreement, a matter shall be deemed to have been commenced,
in the case of :
(a)
an application for an Official Plan Amendment or an Amendment thereto, on the
day the application is received;
(b)
Subdivision of land under Section 50 of the 'Planning Act" on the day the day the
subdivision application is received by the County;
(c) an application for a Zoning By-law or an Amendment thereto, on the day the
application is received., and,
(d) an application for Minor Variance, on the day the application is received.
9. AND IT IS DECLARED AND AGREED that this Agreement and the covenants,
provisions, conditions and Schedules herein contained shall endure to the benefit of and
be binding on the respective successors, heirs, executors, administrators and assigns of
each of the parties hereto.
IN WITNESS THEREOF the parties have hereunto set their Corporate seals duly attested by
the hands of their proper signing officers in that regard.
DECLARED BEFORE ME AT
THE TOWNSHIP OF KINCARDINE-
BRUCE-TIVERTON, IN THE
COUNTY OF BRUCE
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COUNTY OF BRUCE~. . --
PER: ..::.: " _
PER:
THIS
DAY OF
, AD 1999
THE CORPORATION OF THE
TOWNSHIP OF KINCARDINE-BRUCE-
TIVERTON ./ ~/J
PER: _~I~?2;;ht:~
Gordon Jarrell,:Mayor
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PER: ~ ~.-nt:i'.~:~ .
Rosaline Graham, ChÌrR'
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Page 3
Schedule A of Bylaw 1999-32
SCHEDULE A
To Agreement between County of Bruce and Township of Kincardine-Bruce-Tiverton
COUNTY OF BRUCE
TARIFF OF FEES
The following is a tariff of fees which shall be charged by the County for the
processing of applications made in respect of Planning matters, as per County of
Bruce Bylaw #3039 as amended by County of Bruce Bylaw #3405:
i) Application to amend the Official Plan $ 830
ii) Application to amend a Zoning By-Law $ 675
· iii) Joint Application to Amend the Official Plan and
Zoning By-Law $1,245
iv) Application for Consent
(a) where no lot is created $ 625
(b) for each now lot created $ 625
v» Application for Minor Variance $ 400
vi) Consent Certification $ 100
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CORPORATION OF THE COUNTY OF BRUCE
BY-LAW NO. 3714
A BY-LAW RESPECTING
AN AGREEMENT PURSUANT TO SECTION 15 OF THE
PLANNING ACT, R.S.O.1990, BETWEEN THE
CORPORATION OF THE COUNTY OF BRUCE
AND THE TOWNSHIPS OF HURON-KINLOSS, KINCARDINE-BRUCE-
TIVERTON, THE MUNICIPALITIES OF ARRAN-ELDERSLlE
BROCKTON, NORTHERN BRUCE PENINSULA, SOUTH BRUCE
AND THE TOWN OF SOUTH BRUCE PENINSULA
REGARDING PLANNING SERVICES
WHEREAS the Council of the County of Bruce has deemed it expedient
to enter into an Agreement pursuant to Section 15 of the Planning Act, 1990,
with certain Local Municipalities regarding planning services;
NOW THEREFORE the Council of the Corporation of the County of Bruce
hereby ENACTS as follows:
THAT the Warden and the Clerk be and they are hereby authorized on
behalf of the Corporation to execute the Agreement between the Corporation of
the County of Bruce and the Townships Of Huron-Kinloss, Kincardine-Bruce-
Tiverton, The Municipalities Of Arran-Elderslie, Brockton, Northern Bruce
Peninsula, South Bruce, and The Town Of South Bruce Peninsula
A copy of which Agreement is attached hereto and forms part of this By-
Law, and to affix thereto the Corporation Seal of the County.
READ A FIRST AND SECOND TIME THIS 6TH DAY OF MAY, 1999.
READ A THIRD TIME AND PASSED, SIGNED AND SEALED, THIS 6TH DAY OF
MAY, 1999.
~'À J'dWlµ
C UN CLERK
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