Loading...
HomeMy WebLinkAbout2011-119 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2011-119 being a by-law to delegate authority to the Director of Planning Services WHEREAS Sections 23.1 to 23.5 of the Municipal Act, 2001, authorize municipalities to delegate powers and duties under the Municipal Act, 2001, or any other Act subject to certain restrictions and reporting requirements; WHEREAS the Planning Act allows certain functions to be delegated to a municipal official; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: INTERPRETATION In this By-law, "General Purpose and Administrative Committee" means the Municipality's committee of Council known as the General Purpose and Administrative Committee or its successor committee of Council appointed to deal with matters contained within this By-law; 2. In this By-law, reference to Municipal Officials includes designates of such officials. 3. Schedule "A" is attached to and forms part of this By-law. DELEGATION 4. Within each row of each table in Schedule "A", the authority described in the column entitled "Delegated Authority" is delegated to the person or persons identified in the column entitled "Delegate", subject to the restrictions, if any, in the column entitled "Delegation Restrictions". 5. Within each row of each table in Schedule "A", each person identified in the column entitled "Delegate" shall report or communicate in the manner, if any, specified in the column entitled "Communication". GENERAL 6. For the purpose of subsection 23.2(4) of the Municipal Act, 2001, it is the opinion of Council that any legislative powers delegated pursuant to this By-law are of a minor nature. 7. In the event of any inconsistency between this By-law and any other Municipal By-law, the provision that more effectively delegates authority prevails to the extent of the inconsistency. 8. This By-law is effective on the date of its passing. 9. The short title of this By-law is the "Planning Services Delegation By-law". 10. The following by-laws are repealed: a) By-law 92-43, being a by-law to authorize the Mayor and Clerk to execute agreements required as a condition of approval for consent to sever land; and b) By-law 2007-131 being a by-law to authorize the Director of Planning Services to make decisions on whether planning applications are deemed complete. BY-LAW passed in open session this 19th day of December, 2011. r Adrian FostLr,,Wayor r% e,! C'. )2(666-dreentre`e, Deputy Clerk Schedule "A" to By-law 2011-119 Development DELEGATED AUTHORITY DELEGATE SOURCE OF DELEGATION COMMUNICA POWER OR RESTRICTIONS TION DUTY 1. Provide notice that the information Director of Planning S. 22(6.1), None Not and material required under any Services 34(10.4) and applicable application under the Planning Act 51(19.1), has either been provided or not Planning Act provided and that the application is deemed to be complete or incomplete, as the case may be 2. Give notice of complete Director of Planning S. 22(6.4), None Notice applications to the prescribed Services 34(10.7) and provided to persons and public bodies, in the 51(19.4), Members of prescribed manner and Planning Act Council accompanied by the prescribed information; and make the prescribed information and material available to the public 3. Approve condominium applications Director of Planning S. 51, 51.1 and Consistent with Periodic that do not require a public meeting Services 51.2 approved site plan reporting to under the Condominium Actor Planning Act and Zoning By-law Council under Council policy Section 9 Condominium Act 4. Approve applications for the Director of Planning S. 50 (7) Removal of Part Lot Periodic removal of part lot control Services Planning Act Control to be reporting to presented to next Council Council meeting for adoption 5. Refusal of an application made Director of Planning Planning Act Applicant must be Periodic under the Planning Act which is Services notified and provided reporting to inactive for over one (1) year 60 days to respond Council with no objection 6. Execute agreements imposed or Director of Planning Planning Act Agreements to be in Not required in satisfaction of any Services and a form as approved applicable condition of approval under the Municipal Clerk Condominium by the Municipal Planning Act in connection with Act Solicitor the development of land such as subdivisions, plans of condominium, land divisions, removal of part lot control, site tans and rezoning 7. Releases of agreements where Director of Planning Planning Act Releases to be in a Not development has not proceeded o Services form as approved by applicable if imposed or required in Condominium the Municipal satisfaction of any condition of Act Solicitor approval under the Planning Actor Condominium Act, in connection with the development of land 8. Approve and execute agreements Director of Planning S. 28 Implements CIP Annual under the Community Improvement Services Planning Act program reporting to Programs requirements Council DELEGATED AUTHORITY DELEGATE SOURCE OF POWER OR DUTY DELEGATION RESTRICTIONS C.OMMUNICA TION 9. Minor Heritage Permits for Director of Planning S. 33(1) Excludes Periodic alterations and additions, as Services Ontario construction of new reporting to described in the Beech Avenue Heritage Act buildings, additions Council as Heritage Conservation District Plan to buildings, necessary demolition of all or a portion of a building, relocation of a building on a property, relocation of a building outside of the district, site and park functions at Clarington Beech Centre and streetscape improvements