2019-056 A By-law to Designate Areas of the Township of Oro-Medonte as Site Plan Control Areas and to Repeal By-law No. 2015-086The Corporation of the Township of Oro-Medonte
By-law No. 2019-056
A By-law to Designate Areas of the Township of Oro-Medonte
as Site Plan Control Areas
and to Repeal By-law No. 2015-086
Whereas subsection 41(2) of the Planning Act, R.S.O. 1990, c. P.13, as amended,
provides that where an area is shown in the Oro-Medonte Official Plan as a proposed
Site Plan Control Area, Council may, by by-law designate such area as a Site Plan
Control Area;
And Whereas the Township of designates all areas of the Township as proposed Site
Plan Control Areas and provides for the establishment of a site plan control by-law;
And Whereas subsection 41(13) of the Planning Act authorizes the council of a
municipality to delegate to an appointed officer of the municipality any of the council's
powers or authority under section 41;
And Whereas the Township may require the approval of certain plans and drawings as
a condition of development in the Township, and may require that an owner enter into a
Site Plan Agreement with the Township, in accordance with section 41 of the Planning
Act.
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. Definitions
(a) "By-law" means this by-law passed under subsection 41(2) of the Planning
Act;
(b) "Council" means the Council for the Township.
(c) "Development" shall have the same meaning as set out in subsection
41(1) of the Planning Act, meaning the construction, erection, or placing of
one or more buildings or structures on land or the making of an addition or
alteration to a building or structure that has the effect of substantially
increasing the size or usability thereof, or the laying out and establishment
of a commercial parking lot or of sites for the location of three or more
trailers as defined in subsection 164(4) of the Municipal Act2001, S.O.
2001, c. 25, as amended, or of sites for the location of three or more
mobiles homes as defined in subsection 46(1) of the Planning Actor of
sites for the construction, erection or location of three or more land lease
community homes as defined in subsection 46(1) of the Planning Act.
(d) "Director of Development Services" shall mean the Director of
Development Services of the Township or designate.
(e) "On -Farm Diversified Use" includes, but is not limited to, home
occupations, home industries, agri-tourism uses, and uses that produce
value-added agricultural products.
(f) "Person" means an individual, association, firm, partnership, corporation,
trust, incorporated company, or other legal representatives of a person to
whom the same can apply according to law.
(g) "Township" means The Corporation of the Township of Oro-Medonte or
the appointed officer of the Council in accordance with this By-law.
(h) "Zoning By-law" means the Township of Oro-Medonte Comprehensive
Zoning By-law 97-97, as amended.
(i) All other terms used in this By-law shall be have the meanings as defined
under the Zoning By-law.
2. Site Plan Control Area
All land within the corporate limits of the Township are hereby designated as a
Site Plan Control Area.
The properties listed in Schedule "A" and forming part of this By-law are
designated as Site Plan Control Areas in accordance with section 41 of the
Planning Act.
3. Classes of Development Excluded
The following classes of Development do not require the approval of plans and
drawings otherwise required under subsections 41(4) and (5) of the Planning Act,
(a) Any residential development containing two (2) dwelling units or less
(including buildings and structures accessory to such residential
development) except where such residential development:
(i) includes an existing or proposed Home Industry;
(ii) includes an existing or proposed Bed and Breakfast operation;
(iii) is subject to site plan control as imposed as a condition or
requirement, of consent, plan of subdivision or zoning by-law amendment
by Council, or as a condition of approval by the Development Services
Committee;
(b) Any development occurring in or upon lands zoned in the Airport (AP)
Zone;
(c) Agricultural structures and accessory structures thereto, except where
such agricultural development;
(i) includes an existing or proposed commercial greenhouse;
(ii) includes an existing or proposed building or structure for the indoor
growing of crops;
(iii) includes an existing or proposed On -Farm Diversified Use, meaning
uses that are secondary to the principal agricultural use of the
property, and are limited in area;
(iv)includes a kennel;
(v) is subject to site plan control imposed as a condition or requirement, of
consent, plan of subdivision or zoning by-law amendment by Council,
or as a condition of approval by the Development Services Committee;
(d) Any development, buildings or structures erected by the Township.
(e) Any land, building or structure undergoing interior alterations or
renovations that do not change the location, height, volume gross floor
area of the building or structure; and any land, building or structure
undergoing alterations, renovations, or addition that does not increase the
gross floor area of the building or structure by more than 10%, except that:
(i) only one exemption per building or structure shall be permitted
pursuant to this section; and
(ii) section (e) does not apply to development or uses prescribed under
subsections 3(a)(i) and 3 (a)(ii) above.
4. Site Plan Agreements
No Development is permitted within the Township unless the owner enters into a
Site Plan Agreement, except where exempted from Site Plan Control, or where
Council waives the requirement for an agreement.
Any agreement or amendment to an existing Site Plan Agreement made in
accordance with the provisions of this By-law or a predecessor of this By-law
shall be registered against the lands affected by the agreement or amendment,
and all costs of such registration of the Agreement or Amendment or any other
related instruments shall be borne by the owner or person undertaking the
Development.
5. Classes of Site Plan Applications
(a) Residential:
- Residential development containing two dwelling units or less;
- Any temporary building; or
- Any change to a site not involving the erection of a new building or building
addition.
(b) Minor Commercial/Industrial/Multi-Residential
- Residential developments greater than 2 dwelling units but less than 12
units; or
- Where construction or additions to buildings that would result in an
increase in the building footprint greater than 50.0 square metres, but less
than 200.00 square metres.
(c) Major Commercial/Industrial/Multi-Residential
- All development that is not consider Residential or Minor
Commercial/Industrial shall be considered Major
Commercial/I ndustrial/M u Iti-Residential.
6. Delegation
The Director of Development Services is hereby delegated as being the official
entitled to exercise Council's authority to approve or exempt development,
impose conditions and require an agreement under section 41 of the Planning
Act and this By-law where they relate to a residential or minor
commercial/industrial/multi-residential site plan application as defined in Section
5 above. The Director of Development Services shall consult with the
appropriate municipal departments and outside agencies to ensure compliance
of the plans and drawings submitted in accordance with Section 7 below, the
policies, by-laws and/or statutes administered by such departments and/or
agencies.
In the case where Council or the Committee of Adjustment has approved a
development application (i.e. Zoning By-law Amendment), within 12 months of
the date of that decision, the Director of Development Services is hereby
delegated authority to approve major site plan applications and amendments
thereto, unless otherwise directed by Council.
Notwithstanding the delegated authority set out above:
(a) The Director of Development Services may, at any time, refer applications to
Council for approval; or
(b) Council may request (by resolution) that an application be presented to
Council for approval; or
(c) Where the Director has refused to issue an approval or where the conditions
of approval are disputed, the owner or applicant may request that the
application be presented to Council for approval.
Upon receipt of the resolution under subsection (b) or the written application
under subsection (c), the Director shall refer the matter to Council.
The Director of Development Services may approve minor changes to any
approved plans and drawing, in writing without an amendment to the Site Plan
Agreement. Multiple minor changes shall be incorporated into the Site Plan
Agreement through an updated site plan and amending agreement process.
7. Approval of Plans
Applicants are encouraged to consult with the Township before submitting plans and
drawings for approval as provided in subsection 41(3.1) of the Planning Act.
Subject to the exclusions set out in Section 3 of this By-law, no person shall
undertake any Development in the Site Plan Control Areas unless the Township, or
where a referral has been made, the Land Planning Appeal Tribunal, has approved
one or both as the Township may determine, of the following:
(a) Plans showing the location of all buildings and structures (including electrical,
mechanical, heating and/or cooling equipment not located within the building or
structure) to be erected and showing the location of all facilities and work to be
provided in conjunction therewith and of all facilities and works required under
Section 5 of this By-law; and
(b) Drawings showing the plan, elevation, cross section views for each building to be
erected which are sufficient to display the massing and conceptual design of the
proposed building, the relationship of the proposed building to adjacent buildings
and streets, exterior areas to which members of the public have access, and the
provision of interior walkways, stairs and escalators to which members of the
public have access from streets, open spaces, and interior walkways in adjacent
buildings.
8. Facilities, Works, Maintenance, Agreement
As a condition of the approvals of the plans referred to in Section 7, the Township
may require the owner of the lands to provide to the satisfaction of, and at no
expense to, the Township any or all of the following:
(a) Widening of highways that abut the land such as access ramps and curbing's
and traffic direction signs;
(b) Facilities to provide access to and from the land such as access ramps and
curbing's and traffic direction signs;
(c) Off-street vehicular loading and parking facilities, access driveways, including
driveways for emergency vehicles and the surfacing of such areas and
driveways;
(d) Walkways including the surfacing thereof, and all other means of pedestrian
access;
(e) Facilities designed to have regard for accessibility for persons with disabilities;
(f) Facilities for the lighting including flood lighting of all land or any building or
structures thereon;
(g) Walls, fences, hedges, trees, shrubs or other groundcover or facilities for the
landscaping of the lands or the protection of adjoining lands;
(h) Vaults, central storage and collection areas and other facilities and enclosures for
the storage of garbage and other waste material;
(i) Easements conveyed to the Township for the construction, maintenance or
improvement of watercourses, ditched, land drainage works, and other facilities
on the land; and Grading or alteration in elevation or contour of the land and
provision for disposal of storm, surface and waste water from the land and from
buildings or structures thereon;
(j) Grading or alteration in elevation or contour of the land and provision for the
disposal of storm, surface and waste water from the land and from any buildings
or structures thereon; and
(k) Subject to subsection 41(9.1) of the Planning Act, the conveyance of part of the
land to the Township for a public transit right of way.
Maintain to the satisfaction of the Township and at the sole risk and expense of
the owner any or all of the facilities or works mentioned in clauses 8 (b), (c), (d),
(e), (f), (g), (h) and 0), including the removal of snow from access ramps and
driveways, parking and loading area, and walkways and all other means of
pedestrian access.
Enter into one or more agreements with the Township which will deal with and
ensure:
(a) The provision of all the facilities, works or matters referred to in subsection 8;
(b) The continued maintenance referred to in subsection 8; and
(c) The approval of the plans and drawings referred to in Section 7.
9. Registration, Municipal Remedial Action and Enforcement
Any agreement entered into under this By-law shall be registered against the
land to which it applies and the Township is entitled to enforce the provision
of the agreement against the owner, and subject to the provisions of the
Registry Act and the Land Titles Act, any and all subsequent owners of lands.
2. Where the owner of land is directed or required by this By-law or an
agreement entered into under of this By-law that any matter or thing be done
and such person defaults in doing such matter or thing, it may be done by the
Township at its expense and the Township may recover the expenses of
doing such matter or thing by drawing upon any securities provided by the
owner by adding these costs to the tax roll and collecting them in the same
manner as taxes pursuant to section 446 of the Municipal Act, 2001.
3. Any offence of the provisions of section 41 of the Planning Act or any
provisions of this By-law, as may be amended from time to time, may be
prosecuted pursuant to the provisions of section 67 of the Planning Act.
4. Unless prohibited by law, the owner executing a Site Plan Agreement shall be
requested to agree to a provision whereby the Director Development
Services, the Chief Building Official, or other person to whom the Director
Development Services delegates the responsibility may enter on land subject
to the Agreement to inspect same for compliance with the Agreement.
Nothing in this provision authorizes the entry into of any building.
5. The right of entry described in paragraph 4 above is in addition to any
statutory rights of entry the Township may otherwise specifically have.
10. Authorization
After approval of an application by Council, the Director of Development Services
or designate, the Mayor and Clerk are hereby authorized to sign any Site Plan
Agreement and any documents which may be required to implement the
conditions of approval.
11. Severability
Should any section, subsection, clause or paragraph of this By-law be declared
by a court of competent jurisdiction to be invalid, the same shall not affect the
validity of the By-law as a whole or any part other than the Section, subsection,
clause or paragraph declared to be invalid.
12.That By-law 2015-086 is hereby repealed in its entirety.
13.This By-law shall take effect on the final passing thereof.
By-law read a First, Second and Third time, and Passed this 12th day of June,
2019.
The Corporation of the Township of Oro-Medonte
Mayor,
Deputy Clerk, Janette Teeter
Schedule "A"
to By-law No. 2019-056 for
The Corporation of the Township of Oro-Medonte
The following properties are designated as Site Plan Control Areas in accordance with
Section 41 of the Planning Act, R.S.O. 1990, c.P.13, as amended:
Lands zoned *31 in Comprehensive Zoning By-law 97-95 of the Township of Oro-
Medonte, described as E1/2 of Lot 22, Concession 8 (Oro), Township of Oro-
Medonte, Roll Number 4346-010-009-06700,240 Line 8 South (Barrie Speedway)
2. Part of Lots 5 and 6, Concession 14, being Lots 5 and 6, Plan M-205, Part 1, RP51
R-14573 (Oro), Township of Oro-Medonte, Roll Number 4346-010-005-21807-
0000,14 Petherwin Place (Locke)
3. South Part of Lot 17, Concession 3 (Orillia), Township of Oro-Medonte, Roll
Number 4346-030-012-43100-0000, 18 Moon Point Drive (Cooke).
4. Lands designated Residential One (141) Zone in Registered Plan 1464, Lots 23
and 24, Concession 11 (Oro), Township of Oro-Medonte - zoned with Holding
Provisions prior to September 16, 1998 (Ukrainian Camp)
5. Lands designated as Agricultural and described as West Part of Lot 15,
Concession 4 (Medonte), Township of Oro-Medonte, Roll Number 4346-020-002-
04000, 1071 Moonstone Road West (Hillsdale Correctional Camp).
6. Lots 1 to 13 inclusive, Plan 51 M-720, Township of Oro-Medonte.
7. Lots 16 to 28 and Lots 30 to 43 inclusive, Draft Plan of Subdivision 43T-91031
(Buffalo Springs).
8. West Part of Lot 1, Concession 13 (6 Catherine Street).