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
. ~.--::,; ~~
.
.
- - ~ --