BYLAW - Council Authority Ont Heritage Act - 20111122 - 536511THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5365-11
BEING A BY-LAW to delegate
certain assigned Council authority
under the Ontario Heritage Act
regarding the power to consent to
alterations of designated heritage
properties.
WHEREAS the Official Plan for The Corporation of the Town of Aurora (the "Town")
supports the use of available legislation, particularly the Ontario Heritage Act,
R.S.O. 1990, c: 0.18, as amended, (the "Heritage Act") to achieve heritage
preservation;
AND WHEREAS section 23.1 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended (the "Municipal Act"), authorizes a municipality to delegate its powers and
duties under the Municipal Act or any other legislation to a person or body; subject
to the restrictions set out in Part II of the Municipal Act, and this by-law is being
made in accordance with Part II of the Municipal Act;
AND WHEREAS, pursuant to subsections 33(1) and 33(4) of the Heritage Act, the
Council of the Town is authorized to make decisions in respect to the consent of
alterations to designated heritage properties under Part IV of the Heritage Act;
AND WHEREAS, pursuant to subsection 33(15) of the Heritage Act, the Council of
the Town may by by-law delegate the power to consent to alterations to property
designated under Part IV of the Heritage Act to an employee or official of the Town
after having consulted with the Town's Heritage Advisory Committee prior to the
delegation of such power; I'
AND WHEREAS, pursuant to subsection 33(16) of the Heritage Act, a by-law that
delegated Council's power to consent to alterations to property designated under
Part IV of the Heritage Act to an employee or official of the Town may delegate the
power with respect to all alterations orwith respect to such classes of alterations as
are described in the by-law;
AND WHEREAS, pursuant to subsection 42(4) of the Heritage Act, the Council. of
the Town is authorized to make decisions for the granting of permits for the
alteration of a property within a heritage conservation district under Part V of the
Heritage Act;
AND WHEREAS, pursuant to subsection 42(16) of the Heritage Act, the Council of
the Town may by by-law delegate the power to grant permits for the alteration of
property within a heritage conservation district under Part V of the. Heritage Act to
an employee or official of the Town after having consulted with the Town's Heritage
Advisory Committee prior to the delegation of such power;
AND WHEREAS, pursuant to subsection 42(17) of the Heritage Act, a by-law that
delegated Council's power to grant permits for the alteration of property within a
heritage conservation district under Part V of the He Act to an employee or
official of the Town may specify the alterations or classes of alterations for which
delegated authority is being granted in the by-law;
AND WHEREAS, pursuant of subsections 33(15) and 42(16) of the Heritage Act,
the Council of the Town consulted with the Town's Heritage Advisory Committee
on September 12, 2011;
By-law Number 5365-11
Page 2
AND WHEREAS the Council of the Town now deems it necessary and expedient to
enact a by-law to delegate certain assigned Council authority under the Heritage Act
to an employee of the Town regarding the power to consent to alterations of
heritage properties;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
1. THAT the Council of the Town hereby delegates to the Manager of Heritage
Planning and Urban Design (the "Manager"), the following authority with
respect to properties that are individually designated as a heritage property
pursuant to Part IV of the Heritage Act:
(a) to receive and issue notices of receipt for Herita9e Permit
Applications.that are received by the Town pursuant to sections 33
and 34 of the Heritage Act; and
(b) to approve or refuse Heritage Permit Applications relating to minor
alterations to a property, including the authority to attach terms and
conditions.
2. THAT the Council of the Town hereby delegates to the Manager the
following authority with respect to properties that are located within a heritage
conservation district(s) pursuant to Part V of the Heritage Act:
(a) to receive and issue notices of receipt. for Heritage Permit
Applications that are received by the Town pursuant to section 42 of
the Heritage Act; and
(b) to approve or refuse Heritage Permit Applications relating to minor
alterations to a property, including the authority to attach terms and
conditions.
3. THAT the definition of "minor alteration(s)" in this By-law shall mean:
(a) replacement of siding;
(b) cleaning or re -pointing of masonry;
(c) replacement of windows or doors;
(d) replacement/removal of minor architectural building elements
including, without limiting the generality of the foregoing, shutters,
door trims/frames, window trims/frames, soffits, and fascias;
(e) structural repairs to existing structures and structural elements
including, without limiting the generality of the foregoing, porches,.
chimneys, roofs, and exterior walls;
(f) repairs and replacement of non -heritage structures on the property
which can be seen from the street including, without limiting the
generality of the foregoing, fences, patios, gardens, sheds, and
gazebos; and
(g) installation, replacement, or removal of commercial signage.
4. THAT, notwithstanding section 3 of this By-law, any alteration to a heritage
attribute that is identified in a by-law pursuant to Part IV of the Heritage Act
shall not be considered a "minor alteration" and is therefore excluded from
any delegated authority in this By-law.
By-law Number 5365-11
Page 3
5. THAT, notwithstanding the authority given to the Manager pursuant to
sections 1 and 2 of this By-law, the Manager may forward minor alteration
requests made in a Heritage Permit Application to the Town's Heritage
Advisory Committee for review.
6. THAT all decisions made by the Manager pursuant to delegated powers in
sections 1 and 2 of this By-law shall be reported to the Town's Heritage
Advisory. Committee at the earliest available opportunity for information
purposes.
7. THAT the Manager is authorized to approve the application for, and orderthe
creation of, interpretive wood plaques for heritage properties as part of the
Heritage Advisory Committee education initiative.
8. THAT the Manager is authorized to undertake all acts necessary on behalf of
the Town to carry out the authority vested in the Manager pursuant to this
By-law, including executing any documents or agreements as required.
9. THAT the Director of Planning & Development Services may exercise all the
rights, powers, and authority of the Manager as delegated in this By-law if the
Manager is absent or if the position is vacant.
10. THAT the provisions of this By-law shall come into full force and effect on the
date of final passage hereof.
READ A FIRST AND SECOND TIME THIS 22"d DAY OF NOVEMBER, 2011.
READ A THIRD TIME AND FINALLY PASSED THIS 22"d DAY OF NOVEMBER,
2011.
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