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HomeMy WebLinkAboutBy-law No. 2022-046THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-046 SITE PLAN CONTROL BY-LAW BEING A BY-LAW DESIGNATING THE AREA WITHIN THE TERRITORIAL LIMITS OF THE MUNICIPALITY OF BAYHAM AS SUBJECT TO SITE PLAN CONTROL AND TO DELEGATE COUNCIL'S POWERS PURSUANT TO THE PROVISIONS OF THE PLANNING ACT AND OTHERWISE ESTABLISHING REGULATIONS AND PROCEDURES FOR OBTAINING APPROVAL FOR DEVELOPMENT WITHIN THE SAID MUNICIPALITY OF BAYHAM AS AN AREA SUBJECT TO SITE PLAN CONTROL WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part, that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area; AND WHEREAS, in the Official Plan for the Municipality of Bayham, the whole of the Municipality of Bayham is described as a site plan control area; AND WHEREAS Section 41 of the Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that Section without first having received approval; AND WHEREAS Section 41 of the Planning Act, as cited above, also provides that the Council of the Municipality of Bayham may define any class or classes of development that may be undertaken without approval; AND WHEREAS Section 41 of the Planning Act, as cited above, also provides that the Council of the Municipality of Bayham shall delegate its powers or authority to a delegated official of the Corporation; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1.0 Interpretation 1. The following rules apply to interpretation of this By-law: (1) Unless otherwise defined, the words, terms, and phrases used in this By-law have their normal and ordinary meaning. (2) For purposes of interpretation only, the Legislation Act, 2006, S.O. 2006, c. 21, Sched. F, as amended, applies to this By-law. (3) Despite the tense used in a provision; (a) Every provision of this By-law is to be applied to the circumstances as they exist at the relevant time in question; and (b) Every obligation imposed by this By-law is a continuing one so long as either the use, the circumstances, the reason for the obligation, or the events which caused, precipitated, or gave rise to the obligation continue. (4) This By-law may be cited by its long title, its short title, or by its by-law name and any citation is to be taken as meaning the By-law as amended 2.0 Definitions 2_ (1 ) In this By-law, unless a contrary intention is expressed: (a) "Act" means the Planning Act, R.S.O. 1990, c. P.13, as amended. (b) "Corporation" means the Corporation of the Municipality of Bayham. (c) "Council" means the Municipal Council of the Corporation. (d) "Delegated Official' means any of the appointed officers of the Corporation identified herein this By-law either by name or position occupied. (e) "Development" means 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 Act, 2001 or Subsection 3 (1) of the City of Toronto Act, 2006, as the case may be, or of sites for the location of three or more mobile homes as defined in Subsection 46 (1) of the Planning Act or of sites for the construction, erection or location of three or more land lease community homes as defined in Subsection 46 (1) of the said Planning Act but provided that the said definition of "development" does not include the placement of a portable classroom on the school site of a local school board if the school site was in existence on January 1, 2007. (f) "Official Plan" means the Official Plan of the Municipality of Bayham, as amended from time to time. (g) "Property", including any portion thereof, means the land upon which development is proposed and to which the provisions of this By-law apply. (h) "Tribunal" means the Ontario Land Tribunal. 2. (2) For the purposes of the definition of "Development" as set forth in Section 2 (1) (e) above: (a)an addition or alteration to a building or structure which substantially increases the size thereof shall mean; (i) save and except for buildings or structures within an industrial zone as designated by the provisions of the Bayham Zoning By -Law No. Z456-2003, as amended, or any successor by-law thereto, an increase of more than 20% of existing gross floor area; and (iilf for buildings or structures within an industrial zone as designated by the provisions of the Bayham Zoning By -Law No. Z456-2003, as amended, or any successor by-law thereto, an increase of more than 30% of existing gross floor area. (b) an addition or alteration to a building or structure which increases the usability thereof shall mean any addition or alteration to a building or structure which results in a change in the use of that building, structure or property, and includes an addition or alteration which would; (i) result in a change in the volume, intensity, or nature of noise, lighting, odor, and/or vibration generated on the property; (ii) alter the ingress to or egress from the property or a portion thereof; (iii) alter the traffic flow on or around the subject property, or a portion thereof, including but not limited to construction and installation of a "drive-thru" laneway; (iv) alter parking requirements and/or facilities for the property or a portion thereof; (v) alter hours of operation for the use or uses of such property or portion thereof; (vi) alter lot grading and/or drainage patterns, including but not limited to drainage and disposition facilities and installations, for the property or a portion thereof and which interpretation specifically applies to the alteration of the surface treatment and permeability of an existing parking lot or parking area. 3.0 Area/Development Subject to Site Plan Control 3. (1) Site Plan Control Area The whole of the Municipality of Bayham, as constituted from time to time, is hereby designated as a site plan control area. (2) Exempt Classes of Development The following classes of development may be undertaken without the approval of plans and drawings otherwise required under Subsections 41 (4) or 41 (5) of the Act, and this By-law does not apply to such classes: (a) Farm buildings and structures; (b) Agricultural and farm -related buildings, structures, building additions, or building alterations that are utilized in farming operations, but not including commercial wind farm operations, grain drying operations, agricultural -commercial or industrial operations such as farm equipment sales and service, farm supply sales and agricultural storage, service or supply establishments. (3) Application to Residential Dwellings Any residential dwelling other than single -detached, semi-detached, and duplex dwellings shall be subject to site plan control. The application of site plan control measures for such uses is limited to such matters as controlling the location of access, parking, grading and drainage. 4.0 Application For Approval of Development 4. ('1 ) Every application for a permit to construct a building or structure or an addition or alteration to a building or structure shall be accompanied by the following plans, specifications, documents, information, and items: (a) The plans referred to in Section 41 (4) (a) of the Act and in accordance to any subsequent amendments to such Section of the Act, showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction with the building or structure and all the facilities, works, and matters otherwise referred to in Section 41 (7) (a) of the Act; (b) The drawings referred to in Section 41 (4) (2) of the Act to this By-law, and in accordance to any subsequent amendments to such Section of the Act; provided at all times that the following matters need not be addressed in such drawings as they are not subject to site plan control: (i) Interior design. (ii) Layout of interior areas, excluding interior walkways, stairs, elevators and escalators as referred to in Section 41 (4) (2) (c) of the Act (iii) The manner of construction and standards for construction. (c) One or more agreements with the Corporation dealing with the provisions and maintenance of the development to be provided in conjunction with the building or structure and the facilities, works, and other matters mentioned in Section 41 (7) of the Act in accordance to any subsequent amendments to such Section of the Act, and in accordance with the plans and drawings approved pursuant to the Act and this By-law. (d) Where required under an agreement referred to in Section 4 (1) (c) above, security, in the form of cash, certified cheque, or letter of credit, to protect the Corporation in respect of its liability for holdback and costs pursuant to Section 17 (4) of the Construction Lien Act, R.S.O. 1990, c. C. 30, as amended, and to assure satisfactory provision and maintenance of the facilities and works to be provided in conjunction with the building or structure and the facilities, works, and other matters mentioned in Section 41 (7) of the Act and in accordance with the plans and drawings approved pursuant to the Act and this By-law. The security will be equal to the greater of $1000.00 or the dollar value of fifty percent (50%) the costs of all site work associated with the development, including but not limited to, asphalt, curbing, surfacing, and landscaping. (e) By cash or bank draft payable to the Corporation, payment of the requisite fee and deposit as specified in the Rates and Fees By -Law for the Corporation. 5.0 Conditions to Approval of Development/Plans 5, As a condition to the approval of the development, including plans and drawings referred to in Section 41 (4) of the Act and as otherwise anticipated in Section 4. 0 above, the owner of the property, or portion thereof, shall be required to: (1) In accordance with this By-law and at no expense to the Corporation, provide the facilities, works, or other matters referred to in Section 41 (7) (a) of the Act, in accordance to any subsequent amendments to such Section of the Act and otherwise approved by Council pursuant to this By-law; and (2) In accordance with this By-law and at the sole risk and expense of the owner of the property, or portion thereof, maintain the facilities, works, and other matters as identified in items 2 to 9 (inclusive) of Section 41 (7) (a) of the Act, in accordance to any subsequent amendments to such Section of the Act and as otherwise approved by Council pursuant to this By-law, at all times including the removal of snow from access ramps and driveways, parking and loading areas, and walkways. 6.0 Exercise of Authority to Approve 5_ The exercise of the Authority to approve as contemplated by this By-law is subject to the following: (1) Council's powers under Section 41 of the Planning Act, are hereby delegated to the Chief Administrative Officer as the "delegated official", or any successor to that position, or designate thereof. (2) The delegated official shall approve the application contemplated by Section 4.0 hereof, including plans and drawings referred to in Section 41 (4) of the Act, and in accordance to any subsequent amendments to such Section of the Act, except where: (a) The proposed facilities, works or matters depicted on the plans and drawings do not comply with any applicable policy or policies of the Official Plan or the provision or provisions of any applicable Zoning By -Law regulations; or (b) The application contemplated under Section 4.0 of this By-law, including payment of applicable fees, is incomplete. (3) As a condition to the approval of plans and drawings referred to in Section 41 (4) of the Act, delegated official may require that the owner of the property, or a portion thereof, enter into one or more agreements as provided for in Section 4 (1) (c) of this By-law. (4) The Authority contemplated to be exercised pursuant to Subsections 41 (7) (b) and (c) of the Act with respect to any of the facilities, works, or matters referred to in Section 41 (7) (a) of the Act shall be exercised by the delegated official on the advice of staff of the Corporation. (5) The provisions of the Official Plan and Zoning By -Law shall be applied in each circumstance as it arises with such variations or modifications as the circumstances may require so long as each applicable provision is given effect according to its true intent and purpose. (6) The form or wording of the agreement shall be used in satisfaction of the requirement of Sections 4 (1) (c) and 6 (2) herein, subject to such variations or modifications as circumstances may require and only so long as the substance of any provision thereto is not changed or affected and, furthermore, any variance thereto, not being in the manner or nature of substance, does not affect the regularity of the Agreement or any part or Section thereof. 7.0 Lapsing of Approval 7. Any approval by the delegated official of an application as contemplated hereunder, including plans and drawings referred to in Section 41 (4) of the Act, lapses, (1) Where a building permit is required for the development: (a) at the expiration of one (1) year from the date of approval if, within that one (1) year period, no building permit is issued for the development; (b) If a building permit is issued for the development but the owner of the property, or a portion thereof, has not commenced construction within one (1) year of the date of issuance of such building permit or, alternatively, if construction of the development has not been completed within two (2) years of the date of issuance of such building permit; or (c) Upon the revocation at any time of any building permit issued for the development. (2) Where no building permit is required for the development, the owner of the property has failed to commence construction within one (1) year of the date of site plan approval or, alternatively and although commenced within one (1) year of the date of site plan approval, construction of the development has not been completed within two (2) years of such date of site plan approval. (3) In all cases, the lapse of an approval granted pursuant to this By-law is effective only upon written notice revoking the approval by the delegated official to the owner of the property or, where an agreement has been executed and registered as against title to the property, including a portion thereof, upon registration of a notice that the approval is revoked and the agreement is terminated. 8.0 Failure of Counsel to Act / Appeal to the Ontario Land Tribunal 8. Where the delegated official does not approve the application contemplated by Section 4.0 hereunder and/or the plans and drawings referred to in Section 41 (4) of the Act within sixty (60) days after submission to the Corporation for approval or, alternatively, where the owner of the property is not satisfied with any one or more of the requirements made by the delegated official pursuant to this By-law and Section 41 (7) of the Act, including but not limited to the terms of a Site Plan Control Agreement, the owner of the property may, by written notice to the Secretary of the Ontario Land Tribunal and the Clerk of the Corporation as well as submission of the filing fee and deposit specified in the Rates and Fees By -Law for the Corporation, request that the decision of the delegated official, including as to approval or denial of the subject application and/or details of all plans and drawings as submitted or, furthermore or alternatively, the requirements or provisions of any Site Plan Control Agreement that the owner of the property finds unsatisfactory, be referred to the Tribunal and the Tribunal shall hear and determine all matters in issue in respect of such development, application, plan, drawings and agreement in accordance with its jurisdiction, authority and powers, providing at all times that the decision or decisions of the Tribunal shall, at all times, be final. 9.0 Executive Acts Authorized 9. The Mayor and the Clerk of the Corporation are hereby authorized to execute on behalf of and under the seal of the Corporation any document necessary to give further effect to the provisions of this By-law. 10.0 Development Without Approval 10. Every person who, without having first obtained delegated official approval pursuant to this By-law, including as to all plans and drawings for development of the property or a portion thereof, undertakes any development, or part thereof, on the property, contravenes Section 41 of the Act and thereby commits an offence pursuant to Section 67 thereof. 11.0 The Failure to Provide or Maintain Facilities, Works, or Other Matters 11. Every person who undertakes any development on property located in the site plan control area as designated by this By-law without providing and/or maintaining any of the facilities, works, or matters mentioned in Section 41 (7) (a) of the Act and that are required by Council of the Corporation pursuant to the said Section 41 of the Act and the provisions of this By-law contravenes the said Section 41 of the Act and thereby commits an offence pursuant to Section 67 thereof. 12.0 Failure to Enter Into Agreement 12. Every person who undertakes any development on property located within the site plan control area designated by this By-law without first entering into one or more Agreements with the Corporation addressing or otherwise providing for the provision or maintenance of any facilities, works, or other matters and as required by the Corporation as a condition to the approval of development, plans, and drawings in accordance with Sections 4 (1) (c) and 6 (2) hereof and Section 41 of the Act contravenes the said Section 41 of the Act and thereby commits an offence pursuant to Section 67 thereof. 13.0 Penalty Upon Conviction 13. In addition to any penalty provided for by law for commission of an offence contrary to the Act, every person who contravenes any provision of this By-law is, upon conviction, guilty of an offence and is liable to any penalty as provided for pursuant to the Act. 14.0 Facilities, Works, or Other Matters Undertaken By Municipality 14. In default of an owner of property, in the future, providing or maintaining any one or more of the facilities, works, or other matters that are to be provided in conjunction with all buildings and structures to be erected under approval of the delegated official granted hereunder or that are otherwise referenced in Section 41 (7) (a) of the Act and that are required by the Corporation as a condition to the approval of plans or drawings referred to in Section 41 (4) of the Act, the Council may by by-law direct that such facilities, works, or matters, or any part thereof, shall be provided or maintained by or on behalf of the Corporation at the sole risk and expense of the owner of the property and the expense incurred in doing so shall be recovered from the owner by any means or process available at law, including but not limited to: (1) by use of any cash or security bonds furnished by the owner of the property to the Corporation pursuant to this By-law; (2) by action in any court of competent jurisdiction in the Province of Ontario; (3) in a like manner as municipal taxes, as authorized by the Municipal Act, 2001, S.O. 2001, c. 25, as amended, and in particular Section 446 thereof; (4) in annual instalments payable by the owner of the property, with interest, not to exceed ten (10) years. 15.0 Repeal 15. By-law No. 2016-047 for The Corporation of the Municipality of Bayham, entitled Site Plan Control By -Law, is hereby repealed. 16.0 Effective 16. This by-law shall come into force and take effect on July 1, 2022. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF JUNE 2022. MAYOR