2000-046
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2000-46
BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A
MEMORANDUM OF UNDERSTANDING - DELEGATION OF
SUBDIVISION AND CONDOMINIUM APPROVAL AUTHORITY
BETWEEN THE COUNTY OF SIMCOE AND THE TOWNSHIP OF
ORO-MEDONTE
WHEREAS Section 51.2 (2) of The Planning Act, RS.O 1990 c. P. 13, as amended
provides for the delegation of authority to approve plans of subdivision and condominium to
a local municipality,
AND WHEREAS Section 51 (9) ofthe Planning Act, RS.O. 1990 c.P. 13, as amended,
delegates the authority to approve plans of subdivision and condominiums to the County of
Simcoe as of July 27, 1999 when part of the County of Simcoe Official plan came into
effect;
AND WHEREAS The County of Simcoe requires the entering into of the Memorandum of
Understanding to establish the tenns and conditions for the exercise of approval authority
regarding applications for subdivisions and condominiums under the Planning Act, RS.O.
1990, c.P. 13;
NOW THEREFORE the Council for the Corporation of the Township ofOro-Medonte
hereby enacts as follows:
1. THAT the Township enter into the Memorandum of Understanding - Delegation of
Subdivision and Condominium Approval Authority attached hereto, as Appendix "A".
2. THAT the Mayor and Clerk are hereby authorized to execute the Memorandum of
Understanding Delegation of Subdivision and Condominium Approval Authority on
behalf of the Corporation of the Township ofOro-Medonte;
3. THAT the attached Appendix "A" fonn part ofthis By-law;
4. THAT this By-law shall come into force and take effect upon being enacted by Council.
BY -LAW READ A FIRST AND SECOND TIME, THIS 17th DAY OF MAY, 2000.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS \t-DAY OF
~ ,2000.
THE CORPORATION OF THE TOWNSHIP OF
ORO-MEDONTE
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Clerk - Lynda Aiken
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Page 1 of 3
MEMORANDUM OF UNDERSTANDING
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DELEGATION OF SUBDIVISION AND CONDOMINWM APPROVAL AUTHORITY
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An Agreement between the County of Simcoe ("County") and the Township ofOro-Medonte
("Township").
1.0 Purpose
The purpose of this Memorandum of Understanding (MOU) is to set out the tenns, conditions, and
guidelines for the exercise of approval authorities by the County and the Township regarding
applications for subdivisions and condominiums under the Planning Act.
2.0 Basis and Context
The first Official Plan for the County of Simcoe was approved on April 3, 1998; resolution of appeals
resulted in part of the Plan coming into effect on July 27th, 1999. This in turn resulted in the transfer
of approval authorities for subdivisions and condominiums from the Minister ofMunicipal Affairs and
Housing to the County (Section 51 (9) of the Planning Act).
The Planning Act further provides for the delegation of some or all of these authorities trom the
County to a local municipality:
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Section 51.2 (2) of the Planning Act states that County Council "may, after the prescribed
notice is given, by bylaw delegate all or any part of the authority to approve plans of
subdivision to a constituent local or area municipality in respect ofland situated in the local
or area municipality."
The County has adopted Report 99-047 on September 28, 1999 which provides for the delegation
of subdivision and condominium approval authorities to a local municipality upon its request. Where
a local municipality has requested delegation of the approval authorities, this MOD constitutes an
agreement under which the authorities would be granted and exercised.
3.0 Terms of Delegation
The Township will maintain the following commitments:
3.1 The Township operates a Planning Department, as part of its regular municipal administrative
structure, which is responsible for processing applications received under the Planning. Act .
of the Province of Ontario. The functions of the Department nonnally include:
(a) receiving applications for the. subdivision of land and the development of
condominiums,
(b)
determining the completeness of applications,
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3.2
Page 2 of 3
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(c)
determining compliance of the applications to the local official plan. the County
Official Plan. the Provincial Policy Statement, and the Planning Act,
(d)
making recommendations tQ ~Qe local Planning Committee and/or local Council
regarding the suitability of subdivision applications and any conditions which should
be applied to applications in accordance with ( c) and good planning practice,
(e) establishing conditions of draft approval, ensuring the conditions are met, including
consultation with appropriate authorities, and determining when a subdivision is
appropriate for final approval, all in accordance with the Planning Act.
The Township, through its Planning Department, shall ensure that it is represented by a
qualified planner who is available to consult with the applicant, County planners or their
designates, or provincial officials at appropriate stages of the processing of an application;
the consultation may include site visits. In particular, consultation shall occur at the time of
receipt of a complete application, before the application is submitted, and/or immediately
after the application is submitted: this enables determination of compliance in accordance with
1. ( c) or of what modifications or conditions are required to bring the application into
compliance. The qualified planner should be available for on site consultation with
reasonable notice. .
3.3 Status of Official Plan
3.4
The Township shall ensure that it has in effect a local municipal official plan which is in
conformity with the County of Simcoe Official Plan and has regard to the Provincial Policy
Statement.
A local municipal plan may not be in full compliance with the County Plan at the time of a
request for delegation for approval authorities or because of amendments to the County Plan.
However, where the local plan is in substantial compliance with the County Plan as
determined by the Planning Services Committee, the delegation of authorities, or continuance
of that delegation, may take place if the Township undertakes to bring its plan into conformity
with the County Plan and the Provincial Policy Statement according to a timetable agreed to
by the Township and the County.
Consultation
The Township agrees to ensure full consultation regarding subdivision and condominium
applications with the County at all stages at which County and/or provincial interests may be
affected and specifically at the time of application (or immediately before or after a complete
application is received as may be appropriate). The Township agrees ~o exercise due
diligence to ensure that all notices as required by provincial Regulation are given.
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,. 3.5
Training Requirements
The Township agrees to make available appropriate staff to be trained with respect to
provincial policies, operational practices and regulatory requirements which relate to the
County's responsibilities for certain. plan review functions.
If at any time the Township is unable to fulfil the tenns of this MOD, the County will notify the
Township of actions needed to remedy the circumstances. If the Township has not undertaken with
two months to take the necessary remedial actions, the County may withdraw the delegation of
subdivision and condominium-approval authority.
4.0 Definitions
. Consultation: means notification of the County and other interested agencies of subdivision
and condominium applications and all infonnation pertinent to the application and its potential
approval, denial, or approval with conditions; consultation with County planners and other
officials regarding interpretation of planning policy as contained in planning documents in
connection with an application; joint visits to the sites of applications involving a local planner
and other local officials, County planners and other officials, County designates, and
provincial officials as may be required.
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Designates: with regard to the County and its Planning Department, means persons
representing agencies acting in an advisory role through agreement with the County, and may
include representatives of other government agencies (e.g. conservation authorities), private
agencies contracted by the County, or "peer" reviewers agreed to by the. County and an
applicant.
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Planning Services Committee: a committee of the Council of the County of Simcoe which
has been delegated authority to approve plans of subdivision under Section 51.2( 1) of the
Planning Act. :.
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Qualified planner: a person with training and experience that would qualify that person to
apply and obtain full membership in the Canadian Institute of Planners.
Mayor, Township ofOro- edonte
Warden, County of Simcoe
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Clerk, Township of Oro-Medonte
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Clerk, County of Simcoe