HomeMy WebLinkAbout2010-139THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-139
being a By-law to repeal By-law 2005-135, and replace it with a By-law to designate the
Municipality of Clarington as a site plan control area, to define classes of development
that may be undertaken without the approval of certain plans and drawings, and to
delegate the approval authority to the Director of Planning Services and the Director of
Engineering Services
WHEREAS, the Council of the Corporation of the Municipality of Clarington deems it advisable
to repeal By-law 2005-135, of the Corporation of the former Town of Newcastle and re-enact a
by-law with respect to site plan control in the Municipality of Clarington;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. By-law 2005-135 is hereby repealed.
2. All lands located within the corporate limits of the Municipality of Clarington are hereby
designated as a site plan control area pursuant to Section 41(2) of the Planning Act
R.S.O. 1990, as amended.
3. The following are hereby defined as classes of development that may be undertaken
without the approval of plans and drawings otherwise required under Section 41(4) and
(5) of the Planning Act R.S.O. 1990, as amended;
a) any building or structure owned or operated by the Municipality, the Region of
Durham, a Conservation Authority, the Government of Ontario or Canada;
b) any structure erected for the purpose of flood or erosion control;
c) any agricultural building or structure;
d) any temporary structure as defined by the Ontario Building Code;
e) a residential building containing less that three (3) dwelling units;
f) alterations to buildings or structures which do not alter the nature of the existing
use;
g) aggregate extraction activities which do not include permanent buildings or
structures; and
h) any expansion or enlargement of a building or structure that is less than 20
square metres or less than 10% of the total floor area of the building, whichever
is less.
4. Notwithstanding Subsection 3 above, in the Oak Ridges Moraine Area the approval of
plans and drawings is required under Section 41(4) and (5) of the Planning Act R.S.O.
1990, as amended, for the following:
a) any agricultural building or structure and any residential building or accessory
structure in any "Environmental Protection (EP) Zone",and the "Minimum Area of
Influence Zone (MAOI)" in the Municipality's Zoning By-law; and in an Oak Ridges
Moraine Landform Conservation Area, shown on Map E of the Municipality's Official
Plan with the exception that a one time expansion of any building and structure
existing as of November 15, 2001 shall not require such approval, provided:
i) the expansion does not exceed 50% of the gross floor area of the existing
building or structure;
ii) in the case of a principal building, it does not exceed 50 mz;and
iii) in the case of an any one or all accessory buildings and structures it does not
exceed 20 m2 in total.
5. For the purpose of this By-law, Oak Ridges Moraine Area shall mean the portion of the
Municipality of Clarington within the Oak Ridges Moraine Boundary established by
Ontario Regulation 01/02 or its successor.
6. Pursuant to Section 41(13)(b) of the Act, the powers and authority of the Council of the
Municipality of Clarington under Section 41 of the Act, except the authority to define any
class or classes of development as mentioned in Section 41(13)(a) are hereby
delegated to the Director of Planning Services and the Director of Engineering Services
of the Municipality of Clarington.
7. The Mayor and Clerk of the Municipality of Clarington are hereby authorized to execute
any agreement with the Municipality dealing with ensuring the provision of any or all of
the facilities, works or matters referred to in Section 41(7)(a) and the maintenance
thereof referred to in Section 41(7)(b), or with the provision and approval of the plans
and drawings pursuant to Section 41(4) of the Planning Act, as may be required to be
made by the owner of the land with the Municipality as a condition of the approval of the
plans and drawings referred to in Section 41(4) of the Planning Act R.S.O. 1990, as
amended.
8. This By-law shall come into full force and effect on the date of the passing hereof.
BY-LAW read a first time this 20`h day of December, 2010
BY-LAW read a second time this 20~h day of December, 2010
BY-LAW read a third time and finally passed this 20~' day of December, 2010
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Adri n F r, M~yoi~_ "
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icipal Clerk