THE CORPORATION OF THE TOWNSHIP OF NIPISSING

BY-LAW NO 2007-1202

Being a By-law to delegate the authority to determine
Complete Applications under the Planning Act

WHEREAS the Planning Act requires that Council determine if an application submitted under Sections 22 (Official Plan Amendment), 34 (Rezoning), 53 (Consent) and the other sections requiring the submission of an application is complete or if additional information or material is required;

AND WHEREAS Section 23.1 of the Municipal Act authorizes Council to delegate its powers and duties under the Planning Act by by-law subject to certain restrictions;

AND WHEREAS Section 23.1 of the Municipal Act permits the delegation of powers subject to such conditions and limits as Council considers appropriate and such limits can include conditions, approvals and appeals that apply to the power delegated;

AND WHEREAS Section 23.2 of the Municipal Act permits the delegation of a legislative power to an individual where, in the opinion of the Council, the power being delegated is of a minor nature;

AND WHEREAS the Council of the Township of Nipissing deems it appropriate to delegate the power to determine complete applications under Sections 22 (Official Plan Amendment), 34 (Rezoning), 53 (Consent) and the other sections requiring the submission of an application as being minor in nature, to the Clerk-Treasurer;

NOW THEREFORE be it resolved that the Council of the Corporation of the Township of Nipissing enacts as a By-law of The Corporation as follows:

1. That Council hereby delegates its authority to deem a complete application under Sections 22 (Official Plan Amendment), 34 (Rezoning), 53 (Consent) and the other sections requiring the submission of an application to the Clerk-Treasurer;
2. That the delegation of the Council authority under the Planning Act to determine if an application is complete shall be subject to the following limits and conditions:
a) The determination of a complete application shall occur in accordance with the prescribed information pursuant to the Planning Act;

b) The determination of a complete application shall occur in accordance with the required information pursuant to the Planning Act application forms approved by Council;

c) The determination of a complete application shall occur in accordance with the approved policies of the Township’s Official Plan(s) in force at the time of the receipt of the application;

3. Be it resolved that all planning and development applications within the Township of Nipissing, including but not limited to, zoning and small Official Plan Amendments, small Plan of Subdivision, site plans, development and consent agreements, subdivision and condominium agreements, severances and minor variances, receive municipal plan review and a report from the Township Planner, Meridian Planning Consultants, and further to ensure the requirements under the Planning Act are met, and further that all costs be borne by the applicant(s).

Page 2 – By-Law No. 1202.

4. This By-law shall come into force and effect on the date it is passed by Council.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23RD DAY OF OCTOBER, 2007.

THE CORPORATION OF THE TOWNSHIP
OF NIPISSING

_______________________________
MAYOR

_______________________________
CLERK-TREASURER