The Corporation of the Township of Hamilton

Transcription

1 The Corporation of the Township of Hamilton REPORT TO: Mayor Lovshin & Members of Council REPORT No: PNG SUBMITTED BY: Sandra Stothart DATE: DECEMBER 20, 2016 Committee of Adjustment Procedural By-law RECOMMENDATION: Requires Action For Information oniyd In Camera LI It is recommended that the Council of the Township of Hamilton enact as follows: 1. THAT the Procedural By-law governing the actions of the Committee of Adjustment be adopted. ORIGIN/BACKGROUND: It has been determined that the Hamilton Township Committee of Adjustment does not have a procedural by-law in place, directing it s actions and identifying procedures to be followed by the appointed Secretary/Treasurer. DISCUSSION: A draft by-law was taken to the December 13, 2016 Committee of Adjustment meeting for review and discussion. Following the input of the Committee the draft by-law has been edited and is attached hereto. FINANCIAL/STAFFING/LEGAL IMPLICATIONS: No financial implications are anticipated. Staff will be better able to address questions of the public and Committee with the procedural by-law in force and effect. POLICIES AFFECTING PROPOSAL: Other sub-committees of Council would have policies and procedures to follow, STRATEGIC PLAN: The procedural by-law will assist in the direction of Effective Governance. CONCLUSIONS: This by-law will be of assistance to staff, Committee and the general public. ATTACHMENTS: Copy of the Procedural By-law. I Title Official Si9nature Date Planning Co-Ordinator Sandra Stothart Ver. /q./(4 Clerk Kate Surerus 1,,., //C I c.. I CAO Arthur Anderson.?fZ\.. ) oj (. -

2 year: Adjustment. Municipai Act ), as amended, requires every municipality and local board adopt a PART I PART II - Notice of Public Hearing as circulated by the Secretary-Treasurer of the Committee of AND WHEREAS Section 238(2) of the MunicipalAct, , a. 25 (the AND WHEREAS the Committee of Adjustment has been established pursuant to the 6. The location of all hearings of the Committee of Adjustment shall be identified on the public during the taking of a vote; ENACTS as follows. land, building or structure affected by the by-law, or by a person authorized in writing by PART III - LOCATION OF HEARINGS the owner, no person shall apply for a minor variance from the provisions of a zoning by the day on which the by-law was amended. Corporation of the Township of Hamilton has declared by means of a resolution that called by the Secretary-Treasurer of the Committee of Adjustment. Notice of any regulations. circumstances in section 2 apply. manner that the Committee of Adjustment deems appropriate in accordance with the shall be held on the 2 Tuesday of the month, except August. at 2 00 p m. and shall be 2. Where a zoning by-law is amended in response to an application by the owner of any 3. The Secretary-Treasurer shall refuse to accept an application for a variance where the 4. Seclions 2 and 3 do not apply in respect of an application where the Council for the 5. Unless otherwise authorized by Council all hearings of the Committee of Adjustment such application is permitted. CALLING business conducted by the Committee of Adjustment Committee of Adjustment and shall be the procedures for the order and dispatch of 1. The procedures contained in this By-law shall be observed in all proceedings of the APPLICATION NOW THEREFORE the Council of the Corporation of the Township of Hamilton hereby AND WHEREAS Section 239(1) and Section 239(5) of the Municipal Act requires all OF HEARINGS procedure bylaw for the governing the calling, place and proceedings of hearings; meetings to be open to the public and slate that a meeting shall not be closed to the law to constitute and appoint a Committee of Adjustment for the 2017 calendar law in respect of the same land, building or structure before the second anniversary of WHEREAS The Council of The Corporation of the Township of Hamilton has passed By COMMITtEE OF ADJUSTMENT BEING A BY-LAW TO ESTABLISH THE PROCEDURES OF THE PlanningAct, R.S , c.p.13, as amended; hearing shall be given by pre-paid first class mail and posting of a notice sign or in a Planning Act, R , c.p.13, as amended and in accordance with applicable BY-LAW COMMITTEE OF ADJUSTMENT THE CORPORATION OF THE TOWNSHIP OF HAMILTON

3 Committee of Adjustment By-law Procedural By-law Page 2 of 5 PART IV - ANNUAL INAUGURAL MEETING PROCEDURES 7. At the inaugural meeting of each Committee of Adjustment term: i) The members of the Committee shall elect one of themselves as Chairperson as per Section 44(7) of the Ontario Planning Act. ii) iii) iv) The Committee shall appoint a Secretary/Treasurer for the term as per Section 44(6) of the Ontario Planning Act. The Committee shall review the procedural by-law at the inaugural meeting and forward any requested amendments to the next available Council meeting for adoption. The members of the Committee may elect one of themselves to sit as Committee Deputy-Chairperson in the absence of the Chairperson. v) The Committee may appoint a Deputy Secretary/Treasurer to present applications in the absence of the Secretary/Treasurer on the day of the meeting, and to provide statutory letters/documents to the applicants in the extended absence of the Secretary/Treasurer. The Deputy Secretary/Treasurer will not be a daily assistant. Extended absence is defined as (i) time away from the office due to illness or (ü) scheduled vacation time, either of which is 5 or more normal business days in duration, with respect to document release. PART V-QUORUM 6 A minimum of three (3) members shall be present to constitute a quorum as per Section 44(5) of the Ontario Planning Act. 9. Subject to Subsection (8) above, the inability of a member to act due to a declared conflict does not impair the powers of the committee or of the remaining members 10. As soon as there is a quorum after the time appointed for the start of the hearing, the Chairperson of the Committee of Adjustment shall call the hearing to order. 11. If no quorum is present thirty (30) minutes after the time appointed for a hearing of the Committee, the Secretary-Treasurer shall record the names of the members present and the meeting will stand adjourned until the next appointed time. PART VI - HEARING PROCEDURES 12. The Chairperson of the Committee of Adjustment shall: a) call the hearing to order; b) request that the Secretary/Treasurer explain the process of the hearing to the public, identifying order of speaking. requirement for name and address, and advising of requirement for written request for Notice of Decision: c) call for confirmation of the agenda: d) call for declarations of Pecuniary Interest or General Nature thereof: e) call for approval of the previous minutes; fl call each application in the order in which it appears on the agenda. 13. The Chairperson will introduce each application and ask the Secretary/Treasurer/Planning Co-Ordinator to present the Planning Report and recommendations, including agency comments and letters received from persons expressing an interest in the application. 14. The Floor will be open to the public for comments and questions in the following order; i) The applicant ii) Any member of the public in support of the application üi) Any member of the public in opposition to the application iv) Any member of the public seeking clarification on the application An interested person shall confine his/her remarks to the subject application.

4 constitute the decision of the Committee. If the initial motion fails, a new motion is Committee of Adjustment. If the Committee of Adjustment compliment is made up of the Committee during the annual inaugural meeting. c.p 13, as amended, and applicable regulations. addition, any other person expressing an interest in an apphcation shall leave his- her the Planning Act, R.S.O. 1990, c.p.13, as amended, Minutes will not be required to be ratified by Council if Council has appointed itself as the and made available on the Township website at the first available opportunity. The a) ask whether the members wish to conduct further discussions on the merits of 22. No decision of the Committee on an application is valid unless it is concurred in by a) be in writing, whether granting or refusing an application; 23. A copy of the Committee s written decision will be prepared and issued by the 25. The Minutes of the meeting shall be recorded by the appointed Secretary/Treasurer position on the motion. The majority decision of the Committee on this motion shall PART VIII - PART IX - DECISIONS OF THE COMMIHEE OF ADJUSTMENT any further correspondence with respect to the Application pursuant to the provisions of request, should they wish to receive a copy of the written decision of the Committee and Secretaryifreasurer in accordance with the provisions of the Planning Act, R.S.O. 1990, PART VII - f) announce the decision of the Committee; and POWERS requested by the Chairperson and continued until a majority of the Committee s e) call for a vote by the Committee on the motion; or revise the proposed draft conditions among other discussions: g) may summarize any dissenting decisions orally. second the motion, c) upon a motion from a Committee member, ask for a remaining member to motion with respec to the disposition of the application; motion, shall indicate by show of hands, or by any other form of acknowledgement. their the application; the majority of the members of the Committee that heard the application. In addition, the decision of the Committee shall: of a Committee member, including voting time. 16. The applicant will have final opportunity to speak. b) at the conclusion of submissions, ask the members of the Committee for a d) permit discussions on the motion wherein the Committee may delete from, add to 19. Each member of the Committee, when requested by the Chairperson on a seconded b) set out the reasons for the decision, d) be signed by the members who concur in the decision. or at the hearing, had on the decision; and submissions relating to the application made to the committee before its decision c) contain a brief explanation of the effect, in any, that the written and oral & Committee. other Public input after the Applicant s Reply shall be at the discretion of the Chairperson submissions from the public to ensure that all members of the public can be heard. My members approve a motion. name and address with the Secretary-Treasurer at the hearing, or may submit a written appeared in person or by counsel to express histher interest in the application. In 15. The Committee may limit the length of a public submission if there are multiple 17. The Committee may ask questions of the applicant or Planning Co-Ordinator at this 18. The Chairperson shall: 20. Public Hearings shall be chaired by a member of the Committee, as determined by 21. The Chairperson, or Deputy-Chairperson as the case may be, is entitled to all rights 24. A copy of the Committee s written decisions shall be sent to each person who Convniflsa of Mustmenl By.Iaw Procedural By-Jaw Page Sot 5 OF THE CHAIR AT THE PUBLIC HEARING VOTING

5 hearing room for the duration of the subject application and shall be invited to return advice of the Secretary/Treasurer due to technical or logistical matters. hearing. If granted, the Committee will set a new hearing date for the application the current fee structure in place at the time of re-submission. what further action to take in respect of that application. Committee will decide upon the grating of the extension. The request for applications and the appropriate application fees will be collected, in keeping with Committee shall take no further action in respect of that application. Committee at its next scheduled hearing and the Committee shall determine reasonable cause for the withdrawal, or where the Secretary-Treasurer is unable cause, the request for withdrawal of an application shall be presented to the c) If the application is not returned to the Committee by the specified date noted in c) Where a written request for withdrawal of an application fails to set out to determine whether the written request for the withdrawal sets out reasonable Treasurer shall make a record that the application has been withdrawn and shall Treasurer has made a record that an application has been withdrawn, the at the hearing, not to exceed three months, and will indicate any other at that time. a) The Committee of Adjustment shall defer the hearing of an application upon the 27. Deferral of Application/Decision immediately following the declaration of decision. before the noted return date. The request will be forward to the Committee on the next agenda and the iv) identify a requested date of return ci) The applicant may request an extension to the deferral period. The request shall iii) identify the reasons for the needed extension, il) be submitted to the Secretary/Treasurers minimum of 15 business days i) be in writing, with the current fee structure in place at the time of re-submission. 26 b) above, then the application will be deemed to have been withdrawn. shall disclose in writing on the form provided any direct or indirect pecuniary interest for shall be recorded by the Secretary-Treasurer accordingly. The member shall leave the Application fees will not be returned. Any further applications will be reviewed as e) Any previously existing deferred applications that have been dormant for 12 give notice to all property owners within the designated circulation distance of the will not be returned. Any further applications will be reviewed as new The applicant will receive written notice of the closing of the file, Application fees months or more shall hereby be deemed withdrawn and the file shall be closed, amended, any member of the Committee required to do so by the provisions of the Act, commencement of the hearing, on the basis of reasonable cause, the Secretary- may be made orally at the commencement of the hearing. withdrawal must be set oul in writing if made prior to the hearing, or the request a) A request for an application to be withdrawn from the scheduled hearing dale by 28. Withdrawal of Application 26- In accordance with the Municipal Conflict of Interest Act, R.S.O. 1990, c,m.50, as b) A request for deferral of a matter on the scheduled hearing date by the applicant b) If a request for withdrawal of an application is made in writing prior to the PART X - CONFLICT OF INTEREST PART Xl- REQUESTS FOR DEFERRAL OR WITHDRAWL or authorized agent must be for reasonable cause and must be made at the new applications and the appropriate application fees will be collected, in keeping scheduled meeting. themselves or a family member and shall state the general nature of such interest; and it members of the public or by members of the public and some Council members, then the Minutes shall be forwarded to Council for ratification at the next available regularly requirements or conditions of the deferral, such as re-notification or amendment. extension will be entertained one time only. the applicant or authorized agent must be for reasonable cause. The request for subject lands that the application has been withdrawn. Where the Secretary Comiwtee of Austh,ent By-law Pmradural By-law Page 4 & 5

6 Committee of Adjustment By-taw Procedural By.Iaw Page 5 of 5 PART XII Where a request for withdrawal of an application is made orally at the hearing, the Committee shall become seized of the matter and shall determine whether to grant the request or whether to continue with a hearing on the application. REPEAL 29. This by-law shall be reviewed annually by the Committee of Adjustment at its inaugural meeting and forwarded to Council for adoption of any required revisions. 3D. Any by-law of the Township of Hamilton Council which is inconsistent with the provisions of this by-law is hereby repealed. ENACTED and PASSED this 20th day of December, Mayor ClerR C