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18-35 Governing Land Division Cte.COUNTY OF ELGIN By -Law No. 18-35 "A BY-LAW TO PRESCRIBE PROCEDURES FOR GOVERNING THE CALLING PLACE AND PROCEEDINGS OF THE ELGIN COUNTY LAND DIVISION COMMITTEE" WHEREAS Section 238(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, requires that a local board shall adopt a procedure by-law for governing the calling, place and proceedings of meetings; and WHEREAS the Elgin County Land Division Committee is a local board as defined in the Municipal Affairs Act, R.S.O. 1990, c. M.46. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. THAT the procedures governing the calling, place and proceedings of meetings of the Elgin County Land Division Committee, attached hereto as Schedule "A", be and are hereby adopted. 2. THAT this by-law shall become effective upon its passing. 3. THAT By-law 05-24 and any previous by-law inconsistent with this by-law be and are hereby repealed. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF OCTOBER 2018. U Julig Gonyou, Chief Administrative Officer. Warden. -2 - SCHEDULE "A" BY-LAW NO. 18-35 PROCEDURES GOVERNING THE CALLING, PLACE AND PROCEEDINGS OF MEETINGS OF THE LAND DIVISION COMMITTEE FOR THE COUNTY OF ELGIN 1. AUTHORITY: Elgin County Council, by By-law No. 2162 dated June 15, 1971, in accordance with provisions in the Planning Act, did constitute and appoint a five -member Land Division Committee and authority to decide planning matters was thereby delegated to said Committee. County Council has the right to alter, amend or revoke these delegated powers as deemed appropriate. On June 10, 2014 County Council adopted a resolution increasing the Land Division Committee to seven (7) members effective January 1, 2015 and that the new Land Division Committee consist of one (1) appointee, either elected or non -elected, from each of Elgin's constituent municipalities. 2. MANDATE AND PURPOSE: The mandate and purpose of the Land Division Committee is to determine the viability of Applications for Consent and to make Decisions that reflect sound planning principles, based on their understanding and judgement of the information provided. Consent may be given if satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. A Decision is to approve or to deny. Statutory requirements governing Consent Authorities are found in Sections 50 through 57 of the Planning Act (Section 53 deals specifically with consents, however, the consent process relates to subdivision of land and other issues and additional sections must be consulted); Ontario Regulation 197/96 (which sets out in more detail what the Planning Act requires when processing applications); and the Provincial Policy Statement. Local Municipal Official Plans and Zoning By-laws; agency correspondence; and public input are also considered. For example, together with necessary modifications, to grant a provisional consent the Committee shall have regard to the following criteria: (a) (i) Does the application conform to the necessary plans and policies? (ii) Does the application contribute toward a development pattern that should be encouraged? (iii) Does the application avoid a need for costly municipal expenditures? (iv) Does the application permit the continuation of safe and efficient traffic patterns and efficient land use? (v) Does the application contribute toward or preserve the visual appearance of the municipality? (vi) Are the physical site characteristics suitable for the use proposed? (vii) Is the site access safe? (viii) Will the proposed use be compatible with surrounding uses? (b) the effect of development of the proposed subdivision on matters of provincial interest; (c) whether the proposed subdivision is premature or in the public interest; (d) whether the plan conforms to the official plan and adjacent plans of subdivision, if any; (e) the suitability of the land for the purposes for which it is to be subdivided; -3- (f) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them; (g) the dimensions and shapes of the proposed lots; (h) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land; (i) conservation of natural resources and flood control; Q) the adequacy of utilities and municipal services; (k) the adequacy of school sites; (1) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes; and (m) the physical layout of the plan having regard to energy conservation. 3. DEFINITIONS: (a) "Committee" means a group of individuals appointed by the County Council, to the Elgin County Land Division Committee, pursuant to provisions of the Planning Act, P.13, R.S.O. 1990, as amended. (b) "Member" means an individual appointed by County Council, to the Elgin County Land Division Committee, pursuant to the provisions of the Planning Act, P.13, R.S.O. 1990, as amended. (c) "Chair" means the Chairman of the Elgin County Land Division Committee, elected from amongst the Members of the Committee at the first general meeting of the Committee of each year and the person responsible for conducting a meeting to consider consent applications. (d) "Vice -Chair" means a Vice -Chairman of the Elgin County Land Division Committee, elected from amongst the Members of the Committee at the first general Committee meeting of each year. The Vice -Chair shall act as and have all the responsibilities of the Chair, in the absence of the Chair. (e) "Secretary -Treasurer" means the Secretary -Treasurer of the Elgin County Land Division Committee, pursuant to the provisions of the Planning Act, P.13, R.S.O. 1990 as amended. 4. CALLING OF MEETINGS All meetings of the Committee, pursuant to Section 239 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, shall be called by the Secretary -Treasurer or by the Chair of the Committee. 5. NOTICE (a) The Notice of an Application for Consent to be considered at a meeting shall be given in a manner that the Committee deems appropriate, in accordance with the provisions of the Planning Act, as amended; O. Reg. 197/96 Section 3; and any regulations passed thereunder. (b) Notice of Application procedures with respect to an application for Validation of Title; Power of Sale and Foreclosure; and for change to conditions shall be the same as the procedures for Consent Applications. -4- (c) Notice of Hearing giving the date on which the Committee will hear the application shall be mailed to the applicant and persons or interested parties who have expressed an interest in the application and requested such notice. In consultation with the Chair, the Secretary -Treasurer may cancel or reschedule a meeting. 6. LOCATION OF MEETINGS All meetings of the Committee shall be held in a meeting room located within the County Administration Building, 450 Sunset Drive, St. Thomas, or another location as directed by County Council. The room shall be identified on the Notice of Hearing that is circulated by the Secretary -Treasurer of the Committee. 7. QUORUM (a) The quorum for the Elgin County Land Division Committee shall be four (4) of the seven (7) members on the Committee. (b) The Chair shall be counted in determining a quorum and shall be entitled to all the rights of a member on the Committee, including voting. The Elgin County Warden (or Deputy Warden), is an Ex -Officio Member of the Committee and shall be entitled to all the rights of a member on the Committee, including voting. (c) If no quorum is present within thirty (30) minutes after the time appointed for a meeting, the Committee Chair or the Secretary -Treasurer may discharge the members present and may cancel or reschedule the meeting and notice for same shall be given. 8. APPLICATION INFORMATION An application information packet shall be provided by the Secretary -Treasurer or designate prior to the meeting for the use of applicants, authorized agents, applicant representatives, Committee Members and anyone having an interest in an application. A copy of the comments received from various agencies shall be made available at the meeting for the Committee members. 9. MEETING PROCEDURES (a) The meeting of the Committee shall be called to order by the Chair of the Committee or the Secretary -Treasurer or a designate of the Committee. (b) Any member required doing so shall disclose any direct or indirect pecuniary interest and state the general nature of such interest and the Secretary - Treasurer shall record such disclosure. Any Member who discloses such a pecuniary interest shall refrain from discussion or voting on the matter. (c) The Secretary -Treasurer or designate shall call for any requests for deferral of an application or for any request for withdrawal of an application. (d) A request for deferral of an application to a later meeting date must be for reasonable cause. The Committee shall set a new meeting date for the consideration of a deferred application and shall indicate any other requirements or conditions for deferral, such as re -notification, amendment or additional required information. (e) The Secretary -Treasurer or designate shall call each application in an order determined by the agenda or in an order determined by the Chair and/or the Committee. -5- (f) The Secretary -Treasurer or Chair will read the application and any comments received from agencies, residents and others who responded to the circulation of Notice of Application. At the discretion of the Chair, the Secretary -Treasurer or designate may summarize the nature of the interests or concerns being expressed. (g) The Chair shall ask the applicant, authorized agent or the applicant's representative to explain the application and offer any further information or comments. (h) The Committee may ask questions of the applicant, authorized agent or applicant's representative at this time. Questions may be asked during the presentation, however, typically questions are put forward by members of the Committee at the conclusion of the presentation. (i) The Chair shall ask the applicant, authorized agent or applicant's representative whether or not he/she is able to indicate consent to the imposition of the conditions should the application be favourably considered. (j) The Chair shall invite anyone else having an interest or concern with respect to the application(s) to come forward and advise the Committee of his or her position. The Committee members may ask questions of those parties expressing an interest or concern. (k) The Chair shall give the applicant, authorized agent or the applicant's representative the opportunity to respond to any comments received from commenting agencies or interested parties. (1) The Committee members may ask additional questions at this time. (m) The Chair shall ask the members of the Committee for a motion with respect to the disposition of each application after all applications presented at the meeting have been considered. Consideration shall include issues raised by the applicant, authorized agencies, applicant's representative(s), respondent(s), planning evidence heard at the meeting, and requirements of the Planning Act and Provincial Policy Statement. The Chair upon receipt of a motion from a Committee member shall ask for a seconder to the motion. (n) The Secretary -Treasurer shall be asked to repeat the motion and any conditions placed on an approval or reasons if the Consent was denied. (o) The Chair shall call for a vote by the Committee on the motion and the Chair shall announce, at the meeting, the Decision of the Committee. (p) Committee members concurring in the Decision of the Committee shall sign the Decision. (q) The Committee shall deal with the business matters in the following order: (i) adoption of Minutes of the previous meeting (ii) business arising out of the Minutes (iii) disclosure of pecuniary interest and the general nature (iv) correspondence (v) business arising from correspondence (vi) new business (vii) new files (viii) set date for next meeting. 10. VOTING All members of the Committee shall vote and each vote shall be counted as one. 0M 11. APPEALS All Consent Appeals to the Local Planning Appeal Tribunal (LPAT) are to be referred to a Solicitor and/or Professional Planner, as deemed appropriate, in order that the Decision of the Land Division Committee is defended at LPAT Hearings. 12. CONDUCT OF MEETINGS AND MEMBERS The conduct of meetings and members, with respect to matters not specifically addressed, shall generally be considered in accordance with the Statutory Powers Procedure Act, c.S 22, R.S.O. 1990, as amended, the Municipal Conflict of Interest Act, c.M 50, R.S.O. 1990, as amended, Robert's Rules of Order, and the County of Elgin Procedural By-law. •11.11 iU .� • �I Members of the Committee shall be paid a per diem for attendance at each Committee meeting, travel to attend Committee meetings at the approved County travel rate, and a fee for investigation of applicable applications, which are established by by-law. 14. CONVENTION/WORKSHOP ATTENDANCE A Member may attend a convention/workshop that is relevant to the business of the Land Division Committee. Convention/workshop attendance is subject to budgetary limitations and must be submitted on the County Convention Expense Claim Form. 15. ANNUAL BUDGET An annual budget is established to provide for expenditures of the Committee. Expenditures may not exceed budgetary limitations without the County Council approval. Fees charged for Applications for Consent are designed to meet the anticipated cost to the County to process such Applications and may change from time to time. 16. GENERAL The conditions and policies, as set out in this Policy Manual and the Procedural By- law for the County of Elgin, which relate to the Land Division Committee and which are consistent with this by-law, shall be the conditions and policies for the operation of the Elgin County Land Division Committee.