HomeMy WebLinkAbout16 111 Delegation of Powers and Duties alterations to designated properties By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2016 -111
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 No. 2007-
355 on November 21, 2007;
AND WHEREAS pursuant to subsection 33 (1) of the Ontario Heritage Act,
R.S.O. 1990, Chapter 0.18 as amended, the Council of The Corporation of the
Municipality of Kincardine is authorized to make decisions in respect of
alterations to designated heritage property under section 33 of the Ontario
Heritage Act;
AND WHEREAS pursuant to subsection 33 (15) of the Ontario Heritage Act, the
Council of a municipality may by by -law delegate the power to consent to
alterations to property designated under section 33 to an employee or official of
the municipality having consulted with the municipal heritage committee;
AND WHEREAS Council consulted with Heritage Kincardine, its municipal
heritage committee, on August 8, 2016 and Heritage Kincardine passed
Resolution # 08/08/16 -02 recommending Council delegate its authority per above
to the Clerk;
• AND WHEREAS 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 power to consent to alterations to property designated under Section
33 of the Ontario Heritage Act, be delegated to the Clerk 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
(Alterations to Designated Properties) By -law ".
READ a FIRST and SECOND TIME this 5th day of October, 2016.
READ a THIRD TIME and FINALLY PASSED this 5th day of October, 2016.
• A _ Q
Mayor Deputy Clerk
Schedule "A"
Delegation of Powers and Duties (Alterations to Designated Properties) By -law
By -law No. 2016 - 111
•
Consent to Alterations to Property under Section 33 of the Ontario Heritage
Act
Pursuant to subsection 33 (1) of the Ontario Heritage Act, R.S.O. 1990, Chapter
0.18 as amended, the Council of The Corporation of the Municipality of
Kincardine is authorized to make decisions in respect of alterations to designated
heritage property under section 33 of the Ontario Heritage Act;
The delegated authority is limited to alterations to properties designated under
the Part IV of the Ontario Heritage Act that do not have a significant negative
impact on any properties heritage attributes as set out in the description of the
heritage attributes that was required to be served and registered pursuant to
Section 29 (6) or (14) of the Act.
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.
• Process for Consent to Alterations to Property under Section 33 of the
Ontario Heritage Act
1. The owner must apply to the Municipality of Kincardine and complete a
Heritage Property Request Form.
2. The Clerk prior to making any decision in respect of alterations to designated
heritage property shall consult with Heritage Kincardine per subsection 33 (4)
of the Ontario Heritage Act and Heritage Kincardine will provide its
recommendation by resolution.
3. In considering an application in respect of alterations to designated heritage
property the Clerk and Heritage Kincardine shall have regard to the properties
heritage attributes as set out in the description of the heritage attributes that
was required to be served and registered pursuant to Section 29 (6) or (14) of
the Act.
4. In exercising the delegated authority the Clerk may
a. Consent to the application
b. Consent to the application with terms and conditions
• c. Refuse the application
5. Where the Clerk does not concur with Heritage Kincardine's resolution, the
Clerk shall refer the application to Council.
6. A report of the approved applications will be placed on the Consent Agenda
for Council's information.
7. Regardless of any authority delegated to the Clerk under this By -law, Council
may, after notifying the Clerk, exercise any authority that is delegated to
them.
•