The Corporation of the County of Peterborough. By-law No

Transcription

1 The Corporation of the County of Peterborough By-law No A By-law to adopt the Land Division Committee procedures and guidelines and to repeal By-law No Whereas the Planning Act, R.S.O. 1990, chapter P. 13 as amended provides that the Council of the County of Peterborough may upon application, grant consents if satisfied that a plan of subdivision is not necessary for the proper and orderly development of the municipality; And Whereas the Planning Act, as amended provides that the Council may delegate the authority for granting consents to a Land Division Committee and to the Director of Planning; And Whereas the delegation of authority is deemed to include authority to give approvals under subsection 50(18) and issue certificates of validation under section 57 of the Act; And Whereas a delegation of authority made by the Council may be subject to such conditions as the Council by by-law provides; And Whereas the Municipal Act, 2001, S.O. 2001, chapter 25 empowers the Council to pass by-laws for governing the proceedings of the Council and any of its committees, the conduct of its members and the calling of meetings; And Whereas at the County Council Meeting of January 21, 2009, County Council accepted the recommendation of the Director of Planning contained in his report Land Division Committee Updated Procedures By-law wherein he recommended that: The attached Schedule A be received for information and that the Clerk be directed to prepare the necessary County By-law and that all previous By-laws governing the Land Division Committee be repealed. ; And Whereas at the County Council Meeting of January 21, 2009, County Council passed By-law No , being a by-law to delegate the authority of County Council to give consent under the Planning Act, as amended, to constitute and appoint a Land Division Committee, set conditions for such delegation and to govern the proceedings of the Committee, the conduct of its members and the calling of meetings; to delegate the authority of County Council to give consent to the Director of Planning under the Planning Act, as amended, for straight-forward consents;

2 And Whereas at the County Council Meeting of April 17, 2013, County Council accepted the recommendation of the Director of Planning contained in the Land Division Secretary- Treasurer s report Issuing Planning Act Certificates for Retained Lots wherein she recommended that: That the County s Tariff of Fees By-law be amended to include a new Fee in the amount of $ for issuing Planning Act Certificates on Retained Lots (upon request by the applicant) ; Now Therefore the Council of the Corporation of the County of Peterborough in Session duly assembled enacts as follows: 1. In this By-law, Interpretation (f) "Committee Chair" means the Chair of the Land Division Committee of the County of Peterborough; "Vice-Chair mean a Vice-Chair of the Land Division Committee of the County of Peterborough "Committee" means the Land Division Committee of the County of Peterborough; "Recorded Vote" means the making of a written record of the name and the vote of each Member who votes on a question; "Rules of Procedure" means the rules and regulations which are set forth in this By-law; Secretary-Treasurer means the Secretary-Treasurer of the Land Division Committee of the County of Peterborough. Application 2.1 The Rules of Procedure contained in this By-law shall be observed in all proceedings of the Committee and shall be the rules for the order and dispatch of business. 2.2 Despite section 2.1, the Rules of Procedure may be suspended by a majority vote of the Members present and voting in favour thereof. Page 2 of 15

3 2.3 In any case for which provision is not made in this By-law, the procedure to be followed shall be at the discretion of the Chair subject always to Section 2.2 of this by-law. Meetings 3.1 Place - All regular meetings of the Committee shall be held in the Council Chambers in the County Court House, 470 Water Street or at such other place within the County of Peterborough as the Committee from time to time establishes by resolution. 3.2 Regular Meetings - All regular meetings of the Committee shall be held on the fourth Thursday of every second month at the hour of 9:30 a.m. in the morning unless such a day shall be a public or civic holiday in which case the Committee shall meet at the same hour on the next mutually agreeable date, which is not a public or civic holiday, unless otherwise provided by resolution of the Committee. Additional meetings may be called from time to time at the request of the Chair or the Secretary-Treasurer. Calling of Meeting to Order 4.1 As soon after the hour fixed for the holding of the meeting of the Committee as a quorum is present, the Committee Chair shall call the Members to order. Absence of Committee Chair 5.1 If the Chair does not attend a meeting of the Committee within fifteen minutes after the time appointed, the Vice-Chair shall preside until the arrival of the Committee Chair, and he or she shall have the same authority as the Committee Chair while presiding at the meeting. Quorum 6.1 Where the Committee is composed of three members, two members constitute a quorum, and where the Committee is composed of more than three members, three members constitute a quorum. 6.2 If a quorum of the Committee is not present within thirty minutes after the time appointed for a meeting of the Committee, the Secretary-Treasurer shall record the names of the Members present and the meeting shall stand adjourned until the date of the next scheduled meeting. Page 3 of 15

4 Election of Committee Chair 7.1 The members of the Committee shall elect a Committee Chair and Vice-Chair from among the members at the first meeting of each year. The Committee Chair and Vice-Chair shall serve until such time as their successor is elected. 7.2 The Secretary-Treasurer shall call the meeting to order and conduct the election of the Committee Chair and Vice-Chair at which point the control of the meeting will be assumed by the Committee Chair. Committee Guidelines 8.1 The Committee in carrying out its duties shall have due regard to the Statutes and Regulations of the Province of Ontario as amended from time to time. 8.2 An application for consent that does not conform to the County Official Plan and/or the Local Official Plan shall generally be denied, except however, the Committee may permit one adjournment of the application for up to 12 months. 8.3 Where an application for consent conforms to the Official Plans but the severed or retained parcel does not conform to the Zoning By-law, the Committee may grant consent conditional upon a rezoning or minor variance as may be required. 8.4 Where a difference of opinion exists between the local municipality and the County regarding conformity of the application for consent to the Official Plan and/or Zoning By-law, the Committee may defer making a decision until the difference of opinion is resolved. 8.5 The Land Division Committee may impose conditions either of its own accord or at the request of a commenting agency on the application for consent as deemed appropriate and which are not contrary to law including but not limited to: that the severed or retained lot be merged with abutting property; that the severed or retained lot be rezoned or obtain a minor variance; that cash in lieu of park-land be paid to the appropriate authority; that any easements and/or right-of-ways be granted and registered on title; Page 4 of 15

5 (f) that agreements be entered into with a municipality or other party and be registered on title; that the plan of survey and legal description acceptable to the Land Registry Office be submitted to the Secretary-Treasurer with one year date of granting the consent. 8.6 The survey and legal description shall be reviewed by the Secretary-Treasurer and if it is deemed to not be in general compliance with the decision of the Committee, the survey and legal description shall be presented to the Committee and/or the Township for approval or refusal. 8.7 Prior to stamping the deed the Secretary-Treasurer shall ensure that all conditions of the decision of the Committee have been satisfied including those requested by commenting agencies. 8.8 A copy of the registered plan of survey is to be forwarded to the municipal office of the municipality in which the lands are located after the transfer documents are stamped or issued. 8.9 A Planning Act Certificate may be issued for both severed and (if requested by the applicant) retained lots, if applicable. Tariff of Fees 9.1 There shall be a tariff of fees for processing applications for consent as established by County Council from time to time. Members Per Diem and Expenses 10.1 Members of the Committee shall receive a per diem and expenses as approved by County Council from time to time. Order of Proceedings 11.1 The order of business for the regular meetings of the Committee shall be as follows: Committee Chair calls the meeting to Order; Declaration of Interest is disclosed by any member having an interest in property which is the subject of a scheduled application for Consent; Page 5 of 15

6 (f) (g) (h) Adoption of Minutes of the previous meeting; Receipt of Land Division Committee Monthly Report; Discussion of Other Correspondence or Business; Hearing of Scheduled Applications; New Business (including Caucus items); Adjournment The Secretary-Treasurer shall prepare an agenda for each meeting. All business shall be taken up in the order in which it appears on the agenda unless otherwise decided by a vote of the majority of the Members present and voting. Duties of Committee Chair 12.1 It shall be the duty of the Committee Chair: (f) (g) to open the meeting of the Committee by taking the chair and calling the Members to order; to receive and submit, in the proper manner, all motions presented by the Members; to put to vote all questions, which are duly moved and seconded, and to announce the result; to decline to put to vote, motions which infringe upon the Rules of Procedure or which are beyond the jurisdiction of the Committee; to restrain the Members, when engaged in debate, within the Rules of Procedure; to enforce on all occasions, the observance of order and decorum by the Members and any other persons present; to call by name, any Member persisting in breach of the Rules of Procedure and to order him or her to vacate the room in which the meeting is being held; Page 6 of 15

7 (h) (i) (j) (k) (l) to authenticate by his or her signature the minutes of the Committee; to inform the Committee on any point of order as seems necessary; to perform other duties when directed to do so by a resolution of the Committee; if he or she considers it necessary because of grave disorder, to adjourn the sitting without the question being put, or suspend the sitting for a time to be specified by him or her; to limit deputations and presentations to the Committee to ten minutes, if necessary, and shall inform such deputations in advance. Rules of Debate 13.1 No Member shall be deemed to have precedence or seniority over any other Member Before speaking to a question or motion, a Member shall be acknowledged by the Committee Chair When two or more Members desire to speak, the Committee Chair shall designate the Member who has the floor When a Member is speaking, no other Member shall interrupt that Member except to raise a point of order A Member may require the question or motion under discussion to be read at any time during the debate but not so as to interrupt a Member who is speaking. Points of Order and Privilege 14.1 The Committee Chair shall preserve order and decide points of order and points of privilege When a Member rises on a point of order, he or she shall ask leave of the Committee Chair to raise a point of order and after leave is granted, the Member shall state the point of order and allow the Committee Chair to decide the point of order. Page 7 of 15

8 If no Member appeals, the decision of the Committee Chair is final. After the Committee Chair has decided the point of order, a Member shall only address the Committee Chair for the purpose of appealing to the Committee from the Committee Chair s decision. If a Member appeals to Committee on a point of order, the Committee shall hear the reason for the appeal from the appellant and the reason for the decision from the Committee Chair, and shall decide the question without debate. The decision of Committee under clause is final Where a Member considers that his or her integrity or the integrity of the Committee as a whole has been impugned, he or she may, on a point of privilege, rise with the consent of the Committee Chair for the purpose of drawing the attention of the Committee to the matter. When a point of privilege is raised, it shall be considered and decided by the Committee Chair immediately. The decision of the Committee Chair on a point of privilege is final. Conduct of Members 15.1 No Member shall: speak disrespectfully of the Reigning Sovereign, of any member of the Royal Family, of the Governor-General of Canada, of the Lieutenant-Governor of any Province, of any Member of Senate or of any elected assembly; use offensive words or unparliamentary language in or against the Committee or against any Member, or any officer or employee of the County of Peterborough; speak on any subject other than the subject in debate; disobey the Rules of Procedure or a decision of the Committee Chair or of the Committee on questions of order or procedure or upon the interpretation of the Rules of Procedure; and in case a Member persists in any such disobedience after having been called to order by the Committee Chair, the Committee Chair shall forthwith order him or her to vacate the room in which Page 8 of 15

9 the meeting is being held, but if the Member apologizes he or she may, by vote of the Committee, be permitted to retake his or her seat; speak in a manner that is discriminatory in nature based on an individual's race, ancestry, place of origin, ethnic origin, citizenship, creed, gender, sexual orientation, age, colour, marital status, family status, or disability. Agenda 16.1 Order of Business The Secretary-Treasurer shall prepare and cause to be printed a list of the items in the order of topics set out as the order of business in section 11.1 of the Rules of Procedure for the use of each Member at a regular meeting Minutes The Secretary-Treasurer shall cause minutes to be taken of each meeting of the Committee, which shall include: (i) (ii) (iii) (iv) the place, date and time of the meeting; the names of the presiding officer or officers and the record of the attendance of the Members; the reading, if requested by a majority of Members present and voting, the correction, if necessary and the adoption of the minutes of the previous meeting; all other proceedings of the Committee without note or comment. The Secretary-Treasurer shall ensure that the minutes of the last regular meeting of the Committee, together with the agenda prepared in accordance with section 11.1 of the Rules of Procedure, is available no less than 7 (seven) days prior to the Committee meeting. Minutes referred to in clause may be adopted by the Committee without having been read at the meeting at which the question of their adoption is considered. Page 9 of 15

10 16.3 Process for Hearing of Applications (f) (g) (h) (i) The Secretary calls the name and application number of the next application to be considered. The Chair may request the Secretary to read the reports, or provide a brief summary of all comments received from the various commenting agencies. Planning Department staff may elaborate upon their staff reports. The Chair asks if anyone in the audience wishes to speak in favour of the application or if anyone in the audience has any questions which they would like to raise and have answered before the Committee makes its decision. Members of the Committee may question anyone who appears before the Committee and makes a presentation. The Chair asks if there is anyone who wishes to speak against the application and who may have questions which they would like to have answered before the Committee makes its final decision. Members of the Committee may question anyone who appears before the Committee and makes a presentation. The Chair asks the applicant or the applicant s agent to make a presentation to the Committee. The applicant is asked to answer any questions which may have been raised by those speaking in favour or against the application, or raised by members of the Committee. Having had the opportunity to hear the members questions and further having had an opportunity to hear what those opposed to the application have to say, the applicant is then given the opportunity to summarize his comments. The Chair may invite members of the Committee to participate in a discussion about the merits of the application, after the conclusion of the public participation of the application. The Chair indicates that it would be prepared to receive a motion. The motion ought to be moved and seconded. The Chair calls for the vote. Page 10 of 15

11 Motions 17.1 Withdrawal - After a motion is read or stated by the Chair it shall be deemed to be in possession of the Committee, but may be withdrawn at any time before decision or amendment by the mover and the seconder Priority of Disposition - A motion properly before the Committee for decision must receive disposition before any other motion can by received Motion to Amend Only one amendment at a time can be presented to the main motion and only one amendment can be presented to an amendment, but when the amendment to the amendment has been disposed of, another may be introduced, and when an amendment has been decided, another may be introduced. The amendment to the amendment, if any, shall be voted on first, and then if no other amendment is presented, the amendment shall be voted on next. Then if no other amendment is introduced, the main motion, or if any amendment has carried, the main motion as amended, shall be put to a vote. Every amendment shall be in writing. Nothing in this section shall prevent other proposed amendments being read for the information of the members Motion to Adjourn A motion to adjourn the Committee or to adjourn the debate shall always be in order except: when a Member is speaking or during the taking of a vote; immediately following the affirmative resolution of a motion that a vote on the question be now taken; when a Member has already indicated to the Chair that he or she desires to speak on the question; and, when resolved in the negative, cannot be made again until the Committee has conducted further proceedings. Page 11 of 15

12 17.5 Motion to Refer County of Peterborough A motion to refer the question may include instructions respecting the terms upon which the question is to be referred. A motion to refer the question shall not be debatable except where instructions are included, in which case, only the instructions shall be debatable. A motion to refer a question may be amended in accordance with the provisions of section Negative Motion A motion to rescind a defeated motion of the Committee is not required and the subject matter may not be re-introduced or debated in any form without leave of the Committee upon a majority vote of the Members of the whole the Committee Motion to Rescind A motion to rescind a previous resolution of the Committee requires a majority vote of the whole the Committee Committee Chair or Vice-Chair Voting on Motions The Committee Chair or Vice-Chair shall always have a vote Members Present Every Member present at a meeting of the Committee, when a question is put shall vote thereon unless prohibited by Act or by these rules, in which case, the Secretary-Treasurer shall record the name of the Member and the reason that he or she is prohibited from voting Negative Vote If a Member does not vote when a question is put, he or she shall be deemed to have voted in the negative, except where the Member is prohibited from voting by statute. Page 12 of 15

13 18.4 Recorded Vote County of Peterborough When a recorded vote is requested by a Member, or is otherwise required, the Secretary-Treasurer shall record the name and vote of every Member on the question. The order in which Members vote on recorded votes shall be in alphabetical order of the Members present and voting, commencing and continuing through the alphabet with the Member who made the request and then back to the beginning of the alphabet, if necessary, until all Members, except the Committee Chair, have voted. The Committee Chair shall vote last Unrecorded Vote The manner of determining the decision of the Committee shall be by show of hands Tie Votes Where a vote is taken on an application for consent and a tie results, the application shall be held over to the next meeting of the Committee or successive meetings until a decision is made. On all other motions the question shall be deemed to have been decided in the negative. Public Access to Meetings 19.1 Except as otherwise provided in this Section, all Meetings shall be open to the public A meeting or part of a meeting may be closed to the public if the subject matter being considered is: the security of the property of the municipality or local board; personal matters about an identifiable individual, including municipal or local board employees; a proposed or pending acquisition or disposition of land by the municipality or local board; labour relations or employee negotiations; Page 13 of 15

14 (f) (g) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; a matter in which a council, board, committee or other body may hold a closed meeting under another Act A Meeting shall be closed to the public if the subject matter relates to the consideration of a requested under the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, if the Committee is designated as head of the institution for the purposes of that Act A meeting of Council or a Committee may be closed to the public if the following conditions are both satisfied: The meeting is held for the purpose of educating or training the Members; At the meeting, no Member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of Council or Committee Before holding a meeting or part of a meeting that is to be closed to the public, Council or Committee shall state by resolution: the fact of the holding of the Closed Session and the general nature of the matter to be considered at the Closed Session; or in the case of a meeting under Section 19.4, the fact of the holding of the Closed Session, the general nature of its subject matter and that it is to be closed under that Section A meeting shall not be closed to the public during the taking of a vote except where: the provisions of this by-law or the Act permit or require the Meeting to be closed to the public; and the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality or local board or persons retained by or under a contract with the municipality or local board. Page 14 of 15

15 19.7 All deliberations while in Closed Session shall remain confidential unless otherwise agreed upon by a majority vote of the Committee. Only the final results of deliberations may be made public when such disclosure is authorized by the Committee. Commencement and Administration 20. This By-law shall be administered by the Secretary-Treasurer. 21. That the Director of Planning be designated the responsibility for approving straightforward consent applications in accordance with the attached Procedure for Staff Approval. 22. That the Procedure for Staff Approval of Straight-Forward Consent applications shall be as those outlined in the attached Schedule A forming part of this by-law. 23. That the Land Division Committee shall be responsible for disputed applications, outlined in the attached Schedule A. 24. That deeds may be stamped or Certificates may be issued under the Planning Act to convey land through Consent Approval by the Secretary-Treasurer, the Director of Planning or the Manager of Planning. 25. That site visits will be conducted according to the Procedures for Site Visits in the attached Schedule B forming part of this by-law. 26. That By-law No passed by the Council of the County of Peterborough on the 21 st day of January, 2009 is hereby repealed. 27. This By-law comes into force and shall take effect on and after the final passing thereof. 28. The short title of this By-law is the " Land Division Committee procedures and guidelines" By-law. Read a first, second and third time and passed in Open Council this 17th day of April, J. Murray Jones Warden Sally Saunders Clerk Page 15 of 15