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 The following by-laws are repealed: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.
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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