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HomeMy WebLinkAbout13 027 Delegation of Powers and Duties (Demolition Agreements) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE r '• p , � G � C IPAIITYOF KMCP�\� O BY -LAW NO. 2013 - 027 BEING A BY -LAW TO DELEGATE CERTAIN POWERS AND DUTIES 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 delegation of its powers and duties; AND WHEREAS the Council of the Corporation of the Municipality of Kincardine adopted a Delegation of Powers and Duties Policy GG 3.7 by By -law 2007 -355 on November 21, 2007; AND WHEREAS the Council deems it appropriate to delegate certain powers and duties to staff; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the approval of Demolition Agreements be delegated to the Director of Building & Planning as set out in Schedule "A ", attached hereto and forming part of the By -law. 2. That this By -law shall come into full force and effect upon its final passage. 3. That By -law may be cited as the "Delegation of Powers and Duties (Demolition Agreements) By -law ". • REA P FIRST and ECO • TIME this 6 day of March, 2013. 4 ayor Clerk J READ a THIRD TIME and FINALLY PASSED this 6 day of March, 2013. • ay• r Cler 110 Schedule "A" Delegation of Powers (Demolition Agreement) By -law III By -law No. 2013 - 027 Approval of Demolition Agreements Pursuant to the Municipality's Zoning Bylaw, a Demolition Agreement is required prior to the development of a second residential building on a lot, in order to facilitate replacement of an existing dwelling. The Zoning By -law sets out in any `R' Residential zone where detached dwellings are permitted, not more than one detached dwelling shall be permitted on a lot, excepting however that an existing residential dwelling is permitted, subject to an Agreement between the Owner and Municipality, during construction and until such time as a second residential building can be occupied on a lot, in order to facilitate replacement of an existing dwelling. The exercise of this delegated power is subject to the provisions /requirements of the Delegation of Powers and Duties Policy GG.3.7. This is a power that if carried out by staff will provide a more streamlined, efficient process. III Process for Approval of Demolition Agreements 1. The Demolition Agreement is in the standard form. 2. The Director of Building & Planning is authorized to approve Demolition Agreements. 3. Upon approval of the agreement by the Director of Building & Planning, the Mayor and the Chief Administrative Officer shall execute the agreement, on behalf of The Corporation of the Municipality of Kincardine by affixing their signatures and the corporate seal. 4. The Director of Building & Planning shall provide a summary of the agreements on the Year End report. • •