BYLAW - Delegate Authority to Director PDS Agreements per COA Decision - 20130716 - 554013THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5540-13
BEING A BY-LAW to delegate
authority to the Director of Planning
& Development Services to approve
and execute agreements required as
a condition of a Committee of
Adjustment decision.
WHEREAS on February 22, 1995, the Council of the Corporation of the Town of Aurora
(the "Town") enacted By-law Number 3604-95.1, being a By-law to designate a site plan
control area;
AND WHEREAS on November 27, 1996, the Council of the Town enacted By-law
Number 3777-96.D (as amended by By-law Number 4933-07.P on June 26, 2007),
being a By-law to amend By-law Number 3604-95.1 to delegate to the Town's Director
of Planning & Development Services (the "Director") the approval of plans and drawings
and the imposing of conditions under Section 41 of the Planning Act, R.S.O. 1990, c. P.
13, as amended (the "Act') and authorize the execution of site plan agreements on
behalf of the Town respecting site plan agreements that in the opinion of the Director
were considered to be: a) minor in nature provided that the Council of the Town was
supplied with a summary of any such application; and b) amendments to existing site
plan agreements where the use and development of the lands provided for in the
original agreement remained substantially unaltered;
AND WHEREAS on March 8, 2011, the Town enacted By-law Number 5312-11, which
included therein amongst other things, the establishment of a Committee of Adjustment
having all of the powers conferred on a committee of adjustment pursuant to provisions
of Sections 45 and 53 of the Act with respect to the granting of minor variance and
consent applications;
AND WHEREAS the provisions of subsection 45(9.1) of the Act provide that if a
committee of adjustment decision to grant a minor variance application imposes terms
and conditions, it may also require the owner of the land to enter into one or more
agreements with the municipality dealing with some or all of the terms and conditions as
set out in the decision;
AND WHEREAS the provisions of subsection 53(12) of the Act provide that a committee
of adjustment has the same powers when granting a consent as the approval authority
has under subsection 51(25) of the Act with respect to the approval of a plan of
subdivision, including requiring the owner of the land to enter into one or more
agreements with the municipality;
AND WHEREAS the Council of the Town deems it desirable to delegate authority to the
Director to approve plans and drawings and execute agreements required by the
Committee of Adjustment to be entered into by the Owner and the Town as a condition
of approval of minor variance and consent applications;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
By-law Number 5540-13
Page 2 of 2
THAT the powers of the Council of The Corporation of the Town of Aurora to
approve and execute simplified development agreements, Oak Ridges Moraine
development agreements, and other minor agreements required to be entered into
between the Owner and the Town as a condition of approval by the Committee of
Adjustment of minor variance and consent applications in accordance with
Sections 45 and 53 of the Act are hereby delegated to the Town's Director of
Planning & Development Services, or his or her designate.
2. THAT in the event that the approval and execution of any delegated agreement
are not agreed to, or for any other reason, the agreement may be referred to the
Council of the Town.
3. THAT the Town's Director of Planning & Development Services present to the
Town's General Committee, on a semi-annual basis, a summary report on all
simplified development agreements entered into by the Town.
4. THAT the provisions of this By-law shall come into full force and effect upon final
passage hereof.
READ A FIRST AND SECOND TIME THIS 16' DAY OF DULY, 2013.
READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF JULY, 2013.
GEOFFREY DAWE, MAYOR
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rZ JOHN ,jL ACH, TOWN CLERK