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The Corporation of the Municipality of West Elgin
By-Law No. 2021-36
Being a By-Law to designate the Municipality of West Elgin as a Site Plan Control
Area pursuant to Section 41 of the Planning Act R.S.O. 1990, as amended.
Whereas Section 41 of the Planning Act R.S.O. 1990, as amended, provides that where
an area is described in the Municipality's Official Plan as a Site Plan Control Area, Council
may, by By-law, designate such area as a Site Plan Control Area; and
Whereas the Official Plan for the Municipality of West Elgin identifies lands in the entire
Municipality as a Site Plan Control Area; and
Whereas Section 41 (13) of the Planning Act R.S.O 1990, as amended authorizes
Council to (a) define any class or classes of Development that may be undertaken without
the approval of plans and drawings otherwise required under subsection 41(4) or 41(5);
and (b) delegate to either a committee of the Council or to an appointed officer of the
Municipality any of the Council's powers or authority under Section 41, except the
authority to define any class or classes of Development as mentioned in clause 41 (13);
and
Whereas Council deems it advisable to exempt certain classes of Development from Site
Plan control, and further to delegate certain powers and authority to an appointed officer
of the Municipality.
Now Therefore the Council of the Municipality of West Elgin enacts as follows:
Site Plan Control Area By-law
1.
DEFINITIONS
In this By-law:
"Act" means the Planning Act, R.S.O. 1990 as amended from time to time;
"Applicant" means the Owner of the property that is the subject of Site Plan approval or the
person who is authorized in writing by the Owner to make an application for Site Plan
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Site Plan Control Area By-law
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approval. Authorization is provided through declaration on the application form, which has
been provided by the Municipality;
"Chief Building Official" means the Chief Building Official of the Municipality appointed
pursuant to the Building Code Act;
"Council" means the Council of the Municipality;
"County" means the Corporation of the County of Elgin;
"Development" means development as defined within Subsection 41(1) of the Act, as
amended time to time;
"Development Application Review Team" means a working group made up of Municipal
staff or consultants that provides review and comment about an application for approval under
this by-law;
"Municipality" means the Corporation of the Municipality of West Elgin;
"Owner" means a person(s), corporation(s) or partnership who is the registered Owner of the
relevant property, as recorded in the local registry office;
"Planner" means the Planner of the Municipality, that is registered in accordance with the
Ontario Professional Planners Institute Act and any successors thereto;
"Province" means the Government of the Province of Ontario;
"Site Plan" means those plans and/or drawings as contemplated by subsection 41(4) of the
Act; and
"Zoning By-law" means By-law No. 2015-36 of the Municipality and any successors thereto.
2.
INTERPRETATION
2.1.
The requirements of this By-law are in addition to requirements contained in any other
applicable by-laws of the Municipality or applicable provincial or federal statues or
regulations.
2.2.
This By-law shall not be construed so as to reduce or mitigate any restrictions or
regulations lawfully imposed by the Municipality or by any governmental authority
having jurisdiction to make such restrictions or regulations.
2.3.
Nothing in this By-law or in any Site Plan Agreement entered into hereunder shall be
construed as relieving any Owner of lands within the Site Plan Control Area from the
obligation of complying fully with the provisions of the Zoning By-law, nor shall the
Zoning By-law be construed so as to reduce or mitigate any restrictions or regulations
lawfully imposed hereby.
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2.4.
Terms used in this By-law, that are defined within the Zoning By-law are deemed to
have the same meaning for consistency purposes, unless otherwise defined within this
By-law.
3.
SCOPE OF BY-LAW
3.1.
The provisions of this By-law shall apply to all lands within the Municipality which are
hereby designated as constituting a Site Plan Control Area pursuant to Section 41 of
the Act.
4.
EXEMPTIONS
4.1.
The following classes of Development are hereby exempted from Site Plan control and
may be undertaken without the approval of plans and drawings otherwise required
under Section 5 hereof:
(a)
Single Unit Dwellings;
(b)
Duplex Dwellings;
(c)
Semi-detached Dwellings;
(d)
Group home
(e)
Seasonal Dwelling;
(f)
Converted Dwelling;
(g)
Garden Suite;
(h)
Cabins;
(i)
Accessory buildings;
(j)
Buildings and structures for Agricultural Use and/or Restricted Agricultural Use
and accessory buildings, structures and uses to these Agricultural Uses,
excepting that this exemption shall not apply to cannabis cultivation,
greenhouses, nurseries as defined on the Zoning By-law, or mushroom
production facilities. For the purposes of clarity:
i.
An accessory use may include a home occupation, provided that such
use is clearly secondary and subordinate to the Agricultural Use;
ii.
Agriculture-Related Uses are not exempt from Site Plan control or the
provisions of this by-law whether or not they are located on a farm or on
a separately held parcel.
iii.
Agri-tourism uses are not exempt from Stie Plan Control or the
provisions of this by-law.
(k)
Hunting Preserve;
(l)
Site alteration where the conversion of vegetated or bare soil area to hard cover
(gravel, paving, buildings) results in an increase of less than twenty percent
(20%), calculated as the cumulative increase on the site since the effective date
of this By-law;
(m)
Additions to buildings or structures that do not exceed twenty percent (20%) of
the existing gross floor area as defined in the Zoning By-law of said building up
to a maximum of 250 square metres gross floor area, calculated as the
cumulative area of all additions to said building since the effective day of this
By-law;
(n)
Underground storage tanks and septic systems;
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Site Plan Control Area By-law
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(o)
Tents, marquees, trailers, mobile food outlets, and similar temporary structures
to be erected for a period not exceeding 180 days, consisting of consecutive
days and/or cumulative days in a calendar year;
(p)
Buildings or structures, and additions or alterations to buildings and structures,
that are used for the purpose of enclosing staircases, passageways, entrances,
porches, verandahs and similar structures; and mechanical equipment that is
incidental or accessory to the main use;
(q)
Buildings and structures used for flood control, and preservation or
Conservation of natural resources that are the result of an order, an approval or
specific advisement of a Conservation Authority; or
(r)
Any addition required in order to comply with the Fire Protection and Prevention
Act, 1997, as amended.
5.
REQUIREMENTS FOR SITE PLAN APPROVAL
5.1.
No person shall undertake any Development, and no building permit shall be issued for
any Development, within the Municipality's Site Plan Control Area unless Council or its
delegate under Section 6.2 of this by-law has first approved, in writing, one or both of
the following:
(a)
Plans 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
therewith and of all facilities and works required under Section 41(7)(a) of the
Act, as amended from time to time, which at the time of passing this by-law are;
i.
Widenings of highways that abut on the land;
ii.
Subject to the Public Transportation and Highway Improvement Act,
facilities to provide access to and from the land such as access ramps
and curbings and traffic direction signs;
iii.
Off-street vehicular loading and parking facilities, either covered or
uncovered, access driveways, including driveways for emergency
vehicles, and the surfacing of such areas and driveways;
iv.
Walkways and walkway ramps, including the surfacing thereof, and all
other means of pedestrian access;
v.
Facilities designed to have regard for accessibility for persons with
disabilities;
vi.
Facilities for the lighting, including floodlighting, of the land or of any
buildings or structures thereon;
vii.
Walls, fences hedges, trees, shrubs or other groundcover or facilities for
the landscaping of the lands or the protection of adjoining lands;
viii.
Vaults, central storage and collection areas and other facilities and
enclosures for the storage of garbage and other wastes material;
ix.
Easements conveyed to the Municipality for the construction,
maintenance or improvement of watercourse, ditches, land drainage
works, sanitary sewage facilities and other public utilities of the
Municipality or local board thereof on the land;
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x.
Grading or alteration in elevation or contour of the land and provision for
the disposal of storm, surface and waste water from the land and from
any buildings or structures thereon;
xi.
Fire hydrants on the subject property and/or the closest fire hydrant(s) to
the subject property.
(b)
The County has been advised of the proposed development and afforded a
reasonable opportunity to require the Owner to provide to the satisfaction of and
at no expense to the County any or all of the following:
i.
Widenings of highways and that abut the land;
ii.
Subject to the Public Transportation and Highway Improvement Act,
facilities to provide access to and from the land such as access ramps
and curbings and traffic direction signs;
iii.
Off-street vehicular loading and parking facilities, either covered or
uncovered, access driveways, including driveways for emergency
vehicles, and the surfacing of such areas and driveways;
iv.
Grading or alteration in elevation or contour of the land and provision for
the disposal of storm, surface and waste water from the land;
v.
Facilities designed to have regard for accessibility for persons with
disabilities.
(c)
Drawings showing plan, elevation and cross-section views for each building to
be erected, except a building to be used for residential purposes containing
fewer than 25 units, which drawings are sufficient to display:
i.
the massing and conceptual design of the proposed building;
ii.
the relationship of the proposed building to adjacent buildings, streets,
and exterior areas to which members of the public have access;
iii.
the provision of interior walkways, stairs, elevators and escalators to
which members of the public have access from streets, open spaces and
interior walkways in adjacent buildings,
iv.
matters related to exterior design, including without limitation, the
character, scale, appearance and design features of buildings, and their
sustainable design, but only to the extent that it is a matter of exterior
design;
v.
matters relating to exterior access to each building that will contain
affordable housing units or to any part of such building, but only to the
extent that it is a matter of exterior design;
vi.
the sustainable design elements on any adjoining highway under a
municipality's jurisdiction, including without limitation, trees shrubs,
hedges, plantings or other ground cover, permeable paving materials,
street furniture, curb ramps, waste and recycling containers and bicycle
parking facilities; and
vii.
facilities designed to have regard for accessibility for persons with
disabilities.
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5.2.
Plans and Drawing Requirements
Plans and Drawings submitted in accordance with this By-law or under any Site Plan
Agreement are subject to the following:
5.2.1. Plans and Drawings may exclude the layout and design of interior areas, other
than the interior walkways, stairs, elevators and escalators referred to in clause
5.1 (c) iii.
5.2.2. Plans and Drawings may exclude the manner of construction and standards for
construction.
5.2.3. All Drawings and Plans shall be submitted in a manner and a scale to show with
clarity and accuracy all buildings, structures, facilities and works described in
Section 5.1(a).
5.3.
The Municipality may require an Owner or Applicant to produce studies, plans and
calculations that validate the location, dimensions and nature of the buildings,
structures, facilities and works proposed in Site Plans or drawings, requiring the
following:
(a)
Such studies plans and calculations shall be completed by a qualified
professional; and
(b)
The cost of any required studies, plans and calculations will be the
responsibility of the Owner.
6.
SITE PLAN PROCEDURES REVIEW AND APPROVAL
6.1.
Site Plan Application Review
6.1.1. Pre-Application Consultation
Pursuant to subsection 41(3.1) of the Act, Applicants are required to consult with the
Municipality prior to submitting plans and drawings for approval and further in
accordance with the Municipality's Pre-Application Consultation By-law, as amended
time to time.
6.1.2. Development Application Review Team
All Plans submitted in accordance with this By-law or under any Site Plan Agreement
required shall be reviewed by the Development Application Review Team and
comments resulting from said review shall be provided in writing to the Planner, the
Owner and/or the Applicant.
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6.1.3. Review of Site Plan
(a)
Site Plan review shall be coordinated by the Municipality's Planner.
(b)
A determination of forms and documents that may constitute a complete
application will be at the discretion of the Planner.
(c)
Consultation is required with the adjacent landowners, in order to review and
provide comment, unless in the opinion of the Planner, where Development is
minor and without significant adverse impact on adjacent landowners.
6.1.4. Site Plan Design Guidelines
Site Plan Design Guidelines adopted by Council of the Municipality, shall apply to all
Development subject to this By-law.
6.2.
Site Plan Approval
6.2.1. Delegation of Site Plan Approval
For the purposes of this By-law, 'delegation' includes: Approval of Site Plans; the
imposing of conditions; and the Approval and Execution of Site Plan Control
Agreements and amendments thereto. The powers and authority given to Council
under Section 41 of the Act, are hereby delegated to the Planner.
6.2.2. General Provisions of Delegation
The exercise of the powers, authority or appointment delegated in this By-law are
subject to the following:
(a)
The Planner shall provide a decision, in writing, to the Owner and/or Applicant,
in respect of the application that is either:
i.
Approval;
ii.
Approval with Conditions; or
iii.
Refusal.
(b)
The Planner shall approve the plans and drawings referred to in Section 41(4)
of the Act except where, in the opinion of the appointed delegate the proposed
buildings, structures, facilities and works shown on the plans and drawings are
not consistent with the Provincial Policy Statement, does not conform to the
Official Plan of the County and Municipality, and other policy and By-laws
approved by Council, including but not limited to, the Zoning By-law.
(c)
The Planner may request that Council consider any given Site Plan Application
for Approval.
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6.2.3. Conditions of Site Plan Approval
As a condition to the approval of any plans and/or drawings referred to in Section 5,
the Planner may require that the Owner of the lands:
(a)
provide at no cost to the Municipality, any or all of the facilities and works
required under Section 41(7)(a) of the Act and listed in Section 5.1(a) of this By-
law;
(b)
Maintain to the satisfaction of the Municipality and at the sole risk and expense
of the other any or all of the facilities or works mentioned in Section 5.1(a)
including the removal of snow from access ramps and driveways, parking and
loading areas and walkways;
(c)
Enter into one or more Agreements with the Municipality dealing with and
ensuring the provision of any or all of the facilities, works or matters mentioned
in Section 5.1 of the by-law or with the provision and approval of the plans and
drawings referred to in Section 6 of this by-law
(d)
Enter into one or more Agreements with the Municipality ensuring that
Development proceeds in accordance with the approved plans and drawings.
(e)
Convey part of the land to the Municipality to the satisfaction of and at no
expense to the Municipality for a public transit right of way.
(f)
Enter into one or more Agreements with the County dealing with and ensuring
the provision of any or all of the facilities, works or matters mentioned in Section
5.1 of the by-law or with the provision and approval of the plans and drawings
referred to in Section 6 of this by-law.
(g)
Convey part of the land to the County to the satisfaction of and at no expense to
the Municipality for a public transit right of way.
6.2.4. Appeals
Pursuant to Subsection (12) of the Act an appeal related to a decision, timing of a
decision, or terms and requirements of any approval or agreement may be filed in
accordance with the Act.
6.3.
Fees
6.3.1. A fee for the review and approval of a Site Plan application is established by the
Municipality through the Fees and Charges By-law, and any successors
thereto.
6.3.2. Additional fees may be collected by the Municipality as reimbursement for the
Municipality's costs for additional professional assistance, legal or otherwise
incurred during the review of the Site Plan Application. Owners and/or
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Site Plan Control Area By-law
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Applicants will provide acknowledgment of this reimbursement through
declaration on the application form, which has been provided by the
Municipality.
6.3.3. Fees referred to in this section are non-refundable.
7.
ADMINISTRATION OF APPROVED SITE PLANS
7.1.
Site Plan Agreements
7.1.1. Site Plan Agreements entered into as a condition of Site Plan Approval between
the Owner and the Municipality, shall be in a registerable form and at the option
of the Municipality may be registered against the land to which it applies, all at
the expense of the Owner.
7.1.2. The Municipality may enforce the provisions of a Site Plan Agreement against
the Owner of the lands in respect of which such Site Plan Agreement was
entered into by the Municipality and, subject to the provision of the Registry Act
and the Land Titles Act, and any and all subsequent Owners of the said lands.
7.2.
Site Plan Amendments
7.2.1. Notwithstanding any other provisions to the contrary, the Planner, in
consultation of the Chief Building Official, shall be authorized to approve
changes to the Approved Plans attached to a Site Plan Agreement, where
requested by the Owner of the lands in respect of which the said Site Plan
Agreement has been entered into by the Municipality. Such changes shall only
be approved where they are considered by the Planner to be minor, which is
determined in accordance with all of the following:
(a)
The amendment does not significantly alter:
i.
The location, size or height of any buildings and structures;
ii.
The design and appearance of the Development; and
iii.
The location or function of any works required under Subsection
(7)(a) of Section 41 of the Act.
(b)
There is no amendment to the Site Plan Agreement;
(c)
There is no amendment to any conditions of the Site Plan Approval; and
(d)
There is no change in the level of municipal servicing required by the
Development.
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7.3.
Securities
7.3.1. Where a Site Plan Agreement has been entered into, the Municipality may
require that the Owner provide financial security to ensure the satisfactory
completion of certain works required by the Agreement and approved plans
listed therein. Securities shall be calculated and collected as follows:
(a)
The amount of securities shall be determined by the Municipality and be
based on estimates of the works to be completed.
(b)
Prior to the issuance of a building permit securities will be collected that
are equal to 100 percent of the estimated costs of structures, facilities
and works to be completed on land owned by the Municipality, County
and/or Province.
(c)
Prior to the issuance of an occupancy permit securities will be collected
that are equal to 100 percent of the estimated costs of any unfinished
works the Municipality deems necessary that are within the site and
have been identified in approved plans, approved drawings and the
Agreement.
7.3.2. Securities will be presented to the Municipality as an irrevocable letter of credit,
cash or certified cheque to the satisfaction of the Municipality.
7.4.
Release
7.4.1. The value of the any remaining security deemed necessary by the Municipality
shall be repaid to the Owner when, in the opinion of the Municipality all the
terms and conditions of the Site Plan Agreement have been fulfilled.
7.4.2. It shall be the responsibility of the Planner to have discretion on the
completeness of terms and conditions of the Agreement.
7.5.
Rights of Entry
Unless prohibited by law, the Owner signing each Site Plan Agreement shall be required to
agree to a provision whereby the Planner, Chief Building Official, or other person to whom the
Planner delegates the responsibility, may enter on land subject to the Agreement to inspect
same for compliance with the Agreement. Nothing in this provision authorizes the entry into
any building. The right of entry described in this section is in addition to any statutory rights of
entry the Municipality may otherwise specifically have.
7.6.
Compliance and Enforcement
7.6.1. Concordance with Procedures
The provision of required facilities, works or matters shall be in accordance with
the approved Site Plan and Site Plan Agreement.
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7.6.2. Conformity to Plans
All buildings, structures, facilities and works shown on any Site Plans or
drawings approved by the Municipality and attached to and forming part of a
Site Plan Agreement shall be provided, erected, constructed, used and
maintained in good repair in accordance with such plans at the sole risk and
expense of the Owner of the lands.
7.6.3. Failure to Comply
In the event that an Owner of lands in respect of which a Site Plan Agreement
was entered into, fails to comply with any of the provisions of such Site Plan
Agreement, then the Planner may take any or all of the following steps:
(a)
Completion, to its satisfaction, any work required by the said Site Plan
Agreement;
(b)
Apply all or any portion of the money deposited by the Owner with the
Municipality in accordance with Subsection 7.3 hereof towards the
payment of costs and expenses for the completion of any works required
by the Site Plan Agreement on land owned by the Municipality, County
and/or Province; and/or
(c)
Collect reimbursement from the Owner, in a like manner as municipal
taxes, any expenses paid by the Municipality to complete works, left
uncompleted by the Owner, where said works are referred to in the Site
Plans, drawings or agreement and located on the Owner's lands and
necessary for the function of the related works on the Municipality's
lands.
7.7.
Abandoned Files
Site Plans, drawings and agreements with no action for a period of 12 months will be
considered to be abandoned and subsequently closed by the Municipality, upon which written
notice will be given to the Owner by the Municipality. Upon entering abandoned and closed
status, a new application with applicable fees is required for future consideration of the
Development.
7.8.
Violations and Penalties
Every person who contravenes Section 41 of the Act, or its successors thereto is guilty of an
offence, and upon conviction is liable to the fines set out in Section 67(1) and (2) of the Act.
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7.9
Lapsing of Approval
7.9.1. Lapsing Provisions
Site plan approval lapses,
(a)
Where a building permit is required for development:
i.
At the expiration of one year from the date of approval if, within
the one-year period, no building permit is issued for the
development;
ii.
A building permit is issued for the development, but the Owner
has not started construction within one year of date of approval.
iii.
Upon the revocation of a building permit issued for the
development, in accordance with the Municipality's Building By-
law and Section 8(10) of the Building Code Act, 1992, as
amended time to time.
(b)
Where no building permit is required but the Owner:
I.
Has not started development within one year of date of site plan
approval; or
II.
Has not completed the construction of the development within
two years of the date of approval.
(c)
Where the Municipality has granted approval to the plan and drawings
and an Agreement is necessary to implement the development, but no
Agreement has been executed within one year of the said approval.
7.9.2. Notice of Lapsed Approval
Written Notice of lapse of approval shall be given by the Municipality to the
Owner, that the approval has been revoked within 30 days of the approval
lapsing; and where an Agreement has been executed and/or registered, the
Agreement shall be terminated and Registration of a Notice that the approval is
revoked.
7.9.3. Extension Requests
Written Request from the Owner to the Municipality 30 days prior to the lapse
date of the approval, justifying the need for the extension and identifies what the
Owner has completed since approval was given by the Municipality.
7.9.4. Extension Request Decision
The Municipality's Planner, shall review the request and advise if the request is
granted or refused, based on the information received in the Notice from the
Owner, while having regard to legislative, policy and regulatory changes that
has occurred since the approval was given.
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8.
GENERAL PROVISIONS
8.1.
This By-law may be referred to as the Municipality's Site Plan Control Area By-law.
8.2.
If a court of competent jurisdiction declares any provision or part of a provision of this
By-law invalid, the provision or part of a provision is deemed severable from this By-
law and it is the intention of Council that the remainder of the By-law shall continue to
be in force.
9.
REPEALS, AMENDMENTS, TRANSITION AND ENACTMENT
9.1.
This By-law shall come into effect upon the finally passing thereof.
Read a first, second, and third time and finally passed this 27th day of May, 2021.
_______________________
_________________________
Duncan McPhail
Jana Nethercott
Mayor
Clerk
Original Signed
Original Signed