BY-LAW NO. 2005-45

Being a by-law to amend the Site Plan Control bylaw (Bylaw 2004-128) to extend the authority of the Manager of Development Services to approve certain Site Plan Control applications.

WHEREAS Section 41 of the Planning Act, R.S.O, 1990, Chapter P.13, as amended, provides that where an area is shown or described as a proposed site plan control area within an Official Plan, the Council may, by by-law, designate the whole or any part of such area as a Site Plan Control Area;

AND WHEREAS the Official Plan of the Township of Rideau Lakes identifies those areas and land uses which may be subject to Site Plan Control within the Municipality;

NOW THEREFORE the Council of the Corporation of the Township of Rideau Lakes enacts as follows:

This by-law shall be known and cited as the “Site Plan Control By-Law”.

1. In this by-law, “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 layout and establishment of a commercial parking lot or of sites for the location of three or more trailers as defined in the Municipal Act or of sites for the location of three or more mobile homes as defined in the Planning Act or of sites for the construction, erection or location of three or more land lease community homes as defined in the Planning Act.

2. In this by-law, “waterbody” shall mean any bay, lake, river, watercourse or canal but excluding drainage or irrigation channels. In this by-law, “watercourse” shall mean a natural drainage channel that contains water either permanently or intermittently, including creeks and streams, which is located within a Natural Heritage A or B designation in the Township of Rideau Lakes Official Plan.

3. The entirety of lands within the geographic limits of the Township of Rideau Lakes is hereby designated as a Site Plan Control Area pursuant to Section 41(2) of the Planning Act, as amended.

4. The following classes of development may be undertaken without the approval of plans and drawings otherwise required under Section 41(4) of the Planning Act, as amended.

a) A one or two-unit dwelling, including buildings and structures accessory thereto, on lands where no development is proposed within 100 m of a waterbody;

b) A public use, as defined in the applicable Comprehensive Zoning By-law, where Council has by resolution specifically exempted such use;

c) Agriculture, forestry or conservation buildings or structures, including buildings and structures accessory thereto;

d) A temporary building or structure used during construction of a permanent building or structure;

e) An addition to an existing building or structure provided that the addition, combined with any additions during the previous 12 months, is less than 30 m² in floor area;

f) An accessory building or structure not otherwise exempted in the foregoing, where such accessory building or structure is less than 30 m² in floor area.

5. No person shall undertake any development in the site plan control area designated under Section 2 hereof unless the Planning Advisory Committee of the Council of the Corporation of the Township of Rideau Lakes, its designee, or the Ontario Municipal Board has approved plans, drawings, agreements and other matters referred to in Section 41 (4) of the Planning Act, as amended (hereinafter referred to as Site Plan Control Application).

6. Pursuant to Section 41 (5) of the Planning Act, as amended, the Planning Advisory Committee of the Council of the Corporation of the Township of Rideau Lakes may require the submission of all plans and drawings required pursuant to Section 4 above for any development, including a residential building containing less than twenty-five dwelling units.

7. Pursuant to Section 41(13b) of the Planning Act, the Council of the Corporation of the Township of Rideau Lakes hereby delegates to the Manager of the Development Services Department and the Chief Administrative Officer the power and authority to approve minor revisions or amendments to Site Plan Control applications that have already been approved by Council, provided they conform to the provisions of the Zoning By-law, as amended.

8. Pursuant to Section 41(13b) of the Planning Act, the Council of the Corporation of the Township of Rideau Lakes hereby delegates to the Manager of the Development Services Department and the Chief Administrative Officer the power and authority to approve Site Plan Control applications provided that the following criteria is satisfied:

i) That the application is in conformity with the Township’s Official Plan, Zoning Bylaw, and all other Township documents and policies.

a) Other Township documents and policies may include but is not restricted to Entrance Permit standards, Public Works Specifications, Site Plan Guidelines, and the Building Bylaw.

ii) That the application is for a residential property or is a minor addition to a non residential property. New non-residential projects shall be reviewed by the Planning Advisory Committee of Council.

9. Any deviation from any dimension shown on plans prepared pursuant to this By-law to a maximum of one metre shall be permitted provided such deviation does not result in a violation of any provision of any other by-law of the Township.

10. Any person who contravenes this By-law shall be guilty of an offence and upon conviction therefore shall be liable to a fine pursuant to the Municipal Act, as amended.

11. The existing site plan control by-law 2004-128, and all amendments thereto, are hereby repealed.

12. This By-law shall come into force and effect on the date of its passing.

This By-law given its first and second reading on ____________________________, 2005.

This By-law given its third and final reading and passed under the Corporate Seal on _____________________, 2005.

CORPORATE SEAL OF THE TOWNSHIP

______________________ ______________________

Ronald Holman Dianna Bresee

Mayor Clerk