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HomeMy WebLinkAboutKIN 94 035 Cty/Bruce Planning . . . . . . THE CORPORA TION OF THE TOWN OF KINCARDINE BY-LAW BY-LAW NO. 1994-35 A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT FOR THE PROVISION OF PLANNING SERVICES WITH THE COUNTY OF BRUCE. WHEREAS the Council for The Corporation of the Town of Kincardine deems it advisable to enter into an agreement with the County of Bruce for the provision of planning services; NOW THEREFORE the Council for The corporation of the Town of Kincardine ENACTS as follows: 1. That The Corporation of the Town of Kincardine enter into an agreement with The corporation of the County of Bruce for the provision of planning services. 2. That the mayor and clerk be authorized to sign, on behalf of The Corporation of the Town of Kincardine, the agreement with The Corporation of the county of Bruce which is attached to this by-law and to affix the Town's Corporate seal as and when required. 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "County of Bruce Planning Services Agreement By-law". READ a FIRST and SECOND time this 2nd day of May, 1994. READ a THIRD time and FINALLY PASSED this 19th day of May, 1994. ~~-4~~ yor Clerk · . . · . . . · ~ THIS AGREEMENT MADE THE/'111iDAY OF.4PRI~ A.D., 1994. BET WEE N: THE CORPORATION OF THE COUNTY OF BRUCE Hereinafter called the 'COUNTY' OF THE FIRST PART - AND - THE CORPORATION OF THE OF 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 R.S.O., 1990. AND WHEREAS Section 15 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. . . 5. -2- It is hereby agreed that the County will prescribe a tariff of fees for the processing of applications under this 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 "AU to this Agreement. Such fees shall be payable at the time of the application, or as required as a condition of approval. 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 on December 31, 1995 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 purpose of this Agreement, a matter shall be deemed to have been commenced, in the case of (a) an application for and Official Plan 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 request for comments is received from the Local Municipality: (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 Town OF ) Kincardine IN THE ) CountvOF Brl1ce, ) THIS 26th DAY OF ) May ,A ,1994 ) ) ) ) ) ) ) ) ) ) ) ) . . THE CORPORATION OF IRE. CéUttPr ~:- ¡ //~, Per. ~..~ THE CORPORATION OF THE OF P(~~/~~~ r:w,"e/Mayor per:~~ Clerk / ... :........ . ,.. ....'-..... .. -. ,-- -. . :. .-:. .:::.= '.;... ·,:>;~~~~-~·~:~{5 '1 . · . · · . . .Þ .. SCHEDULE' A' TO THIS AGREEMENT CORPORATION OF THE COUNTY OF BRUCE BY-LAW NO. 3405 A BY-LAW TO AMEND BY-LAW NO. 3039, AS AMENDED, BEING THE BY-LAW TO PRESCRIBE A TARIFF OF FEES PURSUANT TO $ECTlON 6J OF THE PLANNING ACT NOW THEREFORE the Council of the Corporation of the County of Bruce ENACTS as follows: 1. THAT By-law No. 3039, as amended, being a By-law to prescribe a tariff of fees for planning applications, is hereby amended by deleting Section 1 thereof and replacing it with the following: 1. The following is the tariff of fees which shall be charged by the County for the processing of applications made in respect of Planning matters: i), Application to amend the Official Plan $830 $675 ii) Application to amend a Zoning By-law iii) Joint Application to amend the Official Plan and Zoning By-law iv) Application for Consent $1,245 (a) where no lot is created (b) for each new lot created $625 $625 $400 $100 v) Application for Minor Variance vi) Consent Certification READ A FIRST AND SECOND TIME THIS 15TH DAY OF FEBRUARY, 1994. READ A THIRD TIME AND PASSED, SIGNED AND SEALED THIS 15TH DAY OF FEBRUARY, 1994. "Bettyanne Bray" "Milton Mciver" COUNTY CLERK WARDEN "'-"--' --'~-':<~ ~ - . .-.--':_~ ... '-:-- .-.. ~ ....... ;' -~ --. . þ '-.. SEAL . ~.--::,; ~~ . . - - ~ --