HomeMy WebLinkAboutTIV 94 005 agree county pl serv
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THE CORPORATION OF THE VILLAGE OF TIVERTON
BY-LAW NO. 94-5
A BY-LAW RESPECTING AN AGREEMENT PURSUANT TO SECTION 15 OF
THE PLANNING ACT, R.S.O. 1990, BETWEEN THE CORPORATION OF THE
VILLAGE OF TIVERTON AND THE COUNTY OF BRUCE REGARDING
PLANNING SERVICES.
WHEREAS, the Council of the Village of 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 of the Corporation of the Village
of Tiverton hereby ENACTS as follows:
THAT the Reeve and the Clerk be and they are hereby
authorized on behalf of the Corporation to execute the
Agreement between the Corporation of the Village of Tiverton
and the County of Bruce.
A copy of which Agreement is attached hereto and forms
part of this By-law, and to affix thereto the Corporation
Seal of the Village of Tiverton.
By-law introduced and read a FIRST and SECOND time this
/'f'/.. day of -¡;n',~ ,1994.
J1ip
~)~rJ,Ø£/
C1erk
Reeve
Read a THIRD Time and finally, passed, signed, sealed this
/~,~ day of ::::rLNVE , 1994.
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PROvmC:tAL-MUNJ:CJ:PAL J:NPRASTRUCTURE AMENDING AGPREMENT
THJ:S AJlBNDJ:NG AGREEMENT made this 5th day of August, 1.994_
BBTWEEN:
HER MAJESTY THE QUEEN, in right of the
Province of Ontario as represented by the
Minister of Municipal Affairs
referred to beilow as the "Province",
AND:
THE CORPORATION OF THE VILLAGE OF
TIVERTON
referred to below as the "Municipality",
WBBRBAS on July 27, 1.994 the Province and the
Municipality entered into a provincial - Municipal
Infrastructure Agreement (referred to as the "Agreement");
AND ~VBAS the Province and the Municipality have
agreed that the Agreement should be amended in accordance
with the terms set out in this Amending Agreement;
AND WBERBAS the Municipality has by By-law 94-16
dated Sept. 2!
_, 1.994 and appended hereto as Schedule "A"
authorized the Mayor, Reeve, Warden or Chair and the Clerk to
enter into this Amending Agreement on behalf of the
Municipality;
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THEREPORE the Province and the Municipality agree
as follows:
Adding new projects use the following:
1.. Schedule "C" of the Agreement is amended by adding to it
the following Projects which will form part of Schedule "C"
of the Agreement:
1. Community centre improvements, M41.50901..
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2. The terms and conditions of the Agreement continue to
apply, except to the extent which Schedule "C" is amended by
this Amending Agreement.
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IN WITNESS WHEREOF this Agreement has been
executed on behalf of the Province by the Minister of
Municipal Affairs, and on behalf of the Municipality by the
Mayor, Reeve, Warden or Chair and the Clerk.
GOVE
~~PROVINCE O~þ P
. M' , f . 'l:;Aff '
1tness 1n1ster 0 Mun1c1pa a1rs
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THE CORPORATION OF THE Vi
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Witness '
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4 Witness
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4.A./A1./ ~...~
- Clerk
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THIS AGREEMENT MADE THE/911'DAY OF IlMlr A.D., 1994.
BET WEE N:
THE CORPORATION OF THE COUNTY OF BRUCE
Hereinafter called the 'COUNTY'
OF THE FIAST PAAT
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THE CORPORATION OF THE \tILLAGE OF TIVERTON
Hereinafter called the 'LOCAL MUNICIPALITY'
OF THE SECOND PAAT
WHEREAS the Local Municipality has certain authorities, responsibilities,
duties and functions of a planning nature under The Planning Act A.S.O., 1990.
AND WHEREAS Section 15 of the said Planning Act A.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:
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2.
(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.
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,
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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
"A" 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.
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.
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7. In the event that this Agreement is terminated, any matters men1ioned 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 Agreemen1.
a. For the purpose of this Agreement, a matter shall be deemed to have been
commenced, in the case of
(a) an appUcation 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 AGAEED 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 propar signing Officers in that regard.
DECLAAED BEFOAE ME AT
THE 1hL/ /.Ie F OF
;C::::Ot!R21;~ :H~
THIS _/?J'µ' DAY OF
_ff/AIF ,AD,1994
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APORATION OF T~ c::.öaÑ~'
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Per:
Per:
arden '
~~H}1?ay
THE COAPOAATION OF THE (/¡LtdCr.
OF pð~
Per: ~
Meeve/Mayor
Per: ~uJþ~
- Clerk
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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 SECTION 68 OF THE PLANNING ACT
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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
Ii) Application to amend a Zoning By-law
iii) Joint Application to amend the Official
Plan and Zoning By-law
iv) Application for Consent
(a) where no lot is created
(b) for each new lot created
v) Application for Minor Variance
vi) Consent Certification
$830
$675
$1,245
$625
$625
$400
$100
AEAD A FIAST AND SECOND TIME THIS 15TH DAY OF FEBAUAAY, 1994.
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AEAD A THIAD TIME AND PASSED, SIGNED AND SEALED THIS 15TH DAY OF
FEBAUAAY, 1994.
"Bettyanne Bray"
"Milton Mciver"
COUNTY CLEAK
WAADEN
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SEAL
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