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06 23 2004 Sp Council Agenda TOWNSHIP OF ORO-MEDONTE SPECIAL COUNCIL MEETING AGENDA COUNCIL CHAMBERS DATE: WEDNESDAY, JUNE 23,2004 TIME: IMMEDIATELY FOLLOWING COMMITTEE OF WHOLE MEETING ... ......... ... ... ....... .. ...... ........................ . .. ... ... ............ ... ............ ............ 1. OPENING OF MEETING BY THE MAYOR .. 2. ADOPTION OF AGENDA 3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF- IN ACCORDANCE WITH THE ACT" 4. MINUTES OF PREVIOUS MEETINGS: a) Minutes of Council Meeting of June 16, 2004. 5. REPORTS OF COMMITTEES: a) Recommendations of Committee of the Whole meeting held June 23,2004. 6. IN-CAMERA: None. 7. BY -LAWS: a) By-Law No. 2004-071 Being a By-law to Designate Community Safety Zones, Third Reading (deferred from June 16, 2004 meeting). b) By-Law No. 2004-074 A By-law to Amend By-Law 2004-028, Being a by-law to authorize a decrease in the speed limit on certain roads within the Township of Oro-Medonte. ~ it c) By-Law No. 2004-075 Being a By-law to Assume for Public Use as a Highway Certain Lands within the Township of Oro-Medonte. d) By-Law No. 2004-076 Being a By-Law to Require Land or Cash-In-Lieu Thereof for Park or Other Public Recreational Purposes as a Condition of the Development or Redevelopment of Land. e) By-Law No. 2004-077 Being a By-Law to Amend By-Law No. 1998-96, Being a By-Law for Prescribing the Tariff of Fees for Processing Planning Applications. 8. CONFIRMATION BY-LAW NO. 2004-073 9. ADJOURNMENT IC\- \ CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-071 Being a By-law to Designate Community Safety Zones WHEREAS Section 214.1(1) of the Highway Traffic Act, R.5.0. 1990, c.H.S, as amended, authorizes municipalities to pass by~laws to designate a part of a highway under its jurisdiction as a Community Safety Zone; AND WHEREAS Section 214.1(3) of the Highway Traffic Act, R.5.0. 1990, c.H.S, as amended, requires that a by-law designating a Community Safety Zone shall specify the hours, days and months when the designation is in effect; AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte deems it necessary and expedient, and In the public interest to enact a By-law to designate Community Safety Zones with the Township of Oro-Medonte; NOW THEREFORE the Council of the Corporation of the Township of Oro- Medonte enacts as follows; 1. That a Community Safety Zone be designated on those roads described in Schedule "An attached hereto; ... 2. That the Community Safety Zones, as designated in Schedule "An attached hereto, shall be in effect at all times; 3. That the attached Schedule "An shall form part of this By-Law; 4. That this By-law shall come into full force and effect upon the day of final passage thereof. By-law read a first and second time this 16th day of June 2004. By~law read a third time and finally passed this 2004. day of The Corporation of the Township of Oro-Medonte Mayor, J. Neil Craig u Clerk, Marilyn Pennycook Schedule "A" to By-law No. 2004-071 for The Corporation of the Township of Oro-Medonte Name of Highway From To 1. Warminster Sideroad Highway 12 westerly 1020 metres 2. Line 13 North Warminster Sideroad southerly 560 metres 3. Line 11 North 15/16 Sideroad northerly 400 metres 4. Line 11 North 15/16 Sideroad southerly 400 metres 5. Line 5 South Highway No. 11 southerly 200 metres IC\ -:J lb THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-074 Being a By-Law to Amend By-law No. 2004-028 To Authorize a Decrease in the Speed Limit on Certain Roads Within the Township of Oro-Medonte WHEREAS the Highway Traffic Act, R.S.O., 1990, Chapter H.8, as amended, Section 128(2), authorizes the Council of a municipality to pass By-laws to prescribe a lower rate of speed for motor vehicles on a highway or portion of highway under its jurisdiction; AND WHEREAS it is deemed necessary and expedient that the speed limit for motor vehicles on certain portions of highways under the jurisdiction of the Township of Oro- Medonte be decreased; AND WHEREAS the Council of The Township of Oro-Medonte did, on the 16th day of June, 2004 enact By-law No. 2004-028 to decrease the speed limit on certain roads within the Township of Oro-Medonte; NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. THAT Schedule "B" of By-law No. 2004-028 be amended as follows: Name of Highway From To 6 Warminster Sideroad Highway 12 westerly 1020 metres 7 Line 13 North Warminster Sideroad southerly 560 metres 2. THAT this By-law shall come into force and take effect on its final passing thereof. Read a first and second time this 23rd day of June 2004. Read a third time and finally passed this day of 2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook lc CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 2004-075 Being a By-law to Assume for Public Use as a Highway Certain Lands within the Township of Oro-Medonte WHEREAS Section 31 of the Municipal Act, R.S.O. 2001, c. 25, as amended, authorizes the Council of a municipality to pass by-laws to assume highways for public use; AND WHEREAS Section 44 of the Municipal Act, R.S.O. 2001, c.25, as amended, with respect to maintenance and liability of the municipality does not apply to the highway until the by-law has come into effect; AND WHEREAS Council deems it expedient to assume the hereinafter described lands for public use as a highway; NOW THEREFORE the Council of The Corporation of the Township of Ora- Medonte hereby enacts as follows: 1. That the lands described as Blocks 104, 105, 112 and 113, Plan 51 M-696 (Arbourwood Subdivision) be deemed to be assumed by the Township of Oro-Medonte for public use as a highway; 2. That this By-law shall come into full force and effect upon the day of final passage thereof. By-law read a first and second time this 23rd day of June 2004. By-law read a third time and finally passed this day of 2004. The Corporation of the Township of Oro-Medonte Mayor, J. Neil Craig Clerk, Marilyn Pennycook \6- \ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE By-law Number 2004-076 BEING A BY-LA W to require land or cash-in-lieu thereof for park or other public recreational purposes as a condition of the development or redevelopment of land. WHEREAS Section 42 of the Planning Act, R.S.O. 1990, C.P. 13, as amended allows a municipality to pass a By-law to collect cash-in-lieu of parkland on the basis of the value of a lot on the day before a building permit is issued; AND WHEREAS the Council of the Township of Oro-Medonte deems it necessary and expedient to ensure that appropriate lands be conveyed or cash-in-lieu provided for park or other recreational purposes arising from development or redevelopment; NOW THEREFORE the Municipal Council of the Corporation of the Township of Oro-Medonte enacts as follows: 1. In this by-law: "Development" means the creation of a lot in accordance with the Planning Act, R.5.0 1990, or the construction, erection or placing of one or more units in accordance with the Plan of Condominium Act or the laying out of sites for the location of three (3) or more trailers, as defined in clause (a) of paragraph 101 of s.210 of the Municipal Actor of sites for the location of three (3) or more mobile homes, as defined in subsection 46(1) of the Act, or of sites for the construction, erection and location of three (3) or more land lease community homes, as defined in subsection 46(1) of the Act, qnd includes redevelopment; "Township" shall mean the Corporation of the Township of Oro-Medonte; 2. As a condition of development, land is required to be conveyed to the Township for park or other public recreational purposes as follows: a) In the case of lands proposed for development for commercial or industrial purposes, land in the amount of two per cent (2%) of the land to be developed; b) In the case of lands proposed for development for residential purposes, land in the amount of five per cent (5%) of the land to be developed; and, c) In the case of lands proposed to be developed for timeshare or fractional ownership purposes, at a rate of two per cent (2%) of the land to be developed. 3. In lieu of requiring the conveyances referred to in Section 2, the Township may require the payment of a fee of $2,000 for each new lot created for residential purposes pursuant to Section 53 of the Planning Act. The payment required under this Section shall be made as a condition of Provisional Consent. This amount reflects 5% of the average value of a lot before a building permit is issued. 4. In the case of new lots created for residential purposes pursuant to Section 51 of the Planning Act or residential units created in accordance with the Condominium Act, and in lieu of requiring the conveyances referred to in Section 2, the Township may require the payment of a fee of $2,000.00 for each new lot/unit created for residential purposes. The payment required under this Section shall be made as a condition of Draft Plan Approval. This amount reflects 5% of the average value of a lot/unit before a building permit is issued. In the alternative, the Township may accept a lesser amount per lot/unit based on the opinion of an appraiser. In no case shall the Township require more than $2,000.00 per lot/unit. 5. In the case of new lots created for industrial or commercial purposes pursuant to Sections 51 or 53 of the Planning Act and in lieu of requiring the conveyances referred to in Section 2, the Township rnay require the payment of a fee of $500.00 for each new lot created for industrial or commercial purposes. The payment required under this Section shall be made as a condition of Provisional Consent or Draft Plan Approval. This amount reflects 2% of the average value of a lot before a building permit is issued. ld-~ 6. In the case of new units created in a timeshare or fractional ownership establishment and in lieu of requiring the conveyances referred to in Section 2, the Township may require the payment of a fee as determined by a qualified appraiser, with such a fee equaling 2% of the combined value of the units before the first building permit is issued. In no case shall the cash-in-lieu amount exceed $800.00 per unit, which is 40% of the residentiallotlunit amount. The payment required under this Section shall be made as a condition of Building Permit. 7. If land has been already been conveyed or is required to be conveyed to the Township for park or other public purposes pursuant to a subdivision agreement that was in force and effect when this By-law comes into effect, or a payment of money in lieu of such conveyance has been received by the Township or is owing to it under this by-law or as a condition already imposed under s.51.1 or 53 of the Act, no additional conveyance or payment in respect of the land subject to the earlier conveyance or payment will be required by the Township in respect of subsequent development unless: (a) There is change in the proposed development that would increase the density of development; or (b) Land originally proposed for commercial or industrial purposes is now proposed for development for other purposes. 8. Nothing herein shall prescribe or limit the Township's ability to require a combination of the conveyance of land at the standards specified or cash-in-lieu. 9. The provisions of this By-law are applicable to all lands within the corporate boundaries of the Township. 10. The provisions of this By-law shall come into force and take effect upon third reading thereof. READ A FIRST AND SECOND TIME THIS 23rd DAY OF JUNE, 2004. READ A THIRD TIME AND FINALLY PASSED THIS DAY OF ,2004. J. Neil Craig, Mayor Marilyn Pennycook, Clerk Ie THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY -LAW NO. 2004-077 Being a By-Law to Amend By-law No. 1998-96, being a By-law for prescribing the Tariff of Fees for processing Planning Applications 'i " WHEREAS Section 69(1) of the Planning Act, R.S.O. 1990, c.P.13, provides that Council may by by-law prescribe a tariff of fees for the processing of applications made in respect of planning matters; AND WHEREAS the Council of The Township of Oro-Medonte did, on the 16th day of September, 1998, enact By-law No. 1998-96 to prescribe the tariff of fees for processing planning applications; NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: 1. THAT paragraph (d) of Section 2.7, Provisional Consent, of By-law No. 1998-96 be deleted in its entirety. 2. THAT this By-law shall come into force and take effect on its final passing thereof. Read a first and second time this 23rd day of June 2004. Read a third time and finally passed this day of 2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook ~ THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY -LAW NO. 2004-073 BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE SPECIAL COUNCIL MEETING HELD ON WEDNESDAY, JUNE 23, 2004. THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE HEREBY ENACTS AS FOLLOWS: 1. THAT the action of the Council at its Special Council Meeting held on Wednesday, June 23, 2004, and in respect to each Motion, Resolution and other actions passed and taken by the Council at its said Meeting is, except where prior approval of the Ontario Municipal Board is required, hereby adopted, ratified and confirmed. 2. THAT the Mayor and the proper Officials of the Township are hereby authorized and directed to do all things necessary to give effect to the said action or to obtain approvals where required and to execute all documents as may be necessary on behalf of the Council of the Corporation of the Township of Oro- Medonte. And, the Clerk is hereby authorized and directed to affix the corporate seal to all said documents. BY-LAW READ A FIRST AND SECOND TIME THIS 23'd DAY OF JUNE, 2004. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 23RD DAY OF JUNE, 2004. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, J. Neil Craig Clerk, Marilyn Pennycook