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Home My Public Portal AboutSS BYLAW 81-23doc1SANDWICH SOUTH PLANNING AREA ESSEX COUNTY PLANNING D~PART~ENT TABLE 01~ C'ONTBNTS Certification page :... '--:'.,.:~.. ' Approval of Minister . ~ By-law AdOption '-". "' ' ~' . ' .' iv " .Resolution of Planning Board v PART A - PURPOSE OF AMENDMENT 1 - BASIS OF AMENDMENT PART B - THE AMENDMENT PART C - IMPLEMENTATION OF AMENDMENT Appendix to the-Amendment AMENDMENT NO. 25 TO THE OFFICIALPLAN. ' '' ''' ' OF THE SANDWICH SOUTH PLANNING AREA - Clerk of the Township .of Sandwich South, certify that this is a/the original/dUplicate original/certified copy'of Amendment No. 25 to the Official 'Plan of the Sandwich South Planning Area. OFt~ICIAL PLAN -AMENDMENT 'NO.' 23 OF THE SANDWICH SOUTH PLANNING AREA ' ' · The attached SLt'I~I~XX~XX~I~' explan.atory- text consti'tUtes Amendment' No. 23 to the Official Plan of' the Sandwich South ~Plann'ing Area., Thee amendment was prepared by the Sandwich South Planning Board and _ recommended to the Council of the.Towrlship of Sandwich South, under Sections 12 and 17 of The Planning Act on the ~'~:~, day of~ 1.97/. CHAIRMAN This Amendment was adopted by'the Council of'the Corporation of'" the Township of Sandwich South by By-law No.~¢~, in acCordance with Section 13 and 17 of The Planning Act, on the ~'~ day of CLERK REEVE Of ~iunicip. ality '- This Amendment to the 0fficial"Plan of. the Sandwich South 'Planning " Area, which 'has been recommended, by 'the Sandwich South Planning Board and adoPted by the Council of the .'Corporation of the TownshiP: of Sandwich South, is hereby approved in accordance.with Sec. tion 17 of The Planning Act, as Amendment No. 25 to the Official Plan of. ...~ the Sandwich South Planning -'.'"' DATE ( .-.. ' PI°ns' Administration Division ' ." '. ·' 111 :T.OWNSHIP OF SANDWICH SOUTH'BY-.LAW NO.. Y/'~.~D The Council of the Corporation of the Township of Sandwich South., in accordance with the provisions of The Planning Act, hereby' '.'' :'. enacts as follows: . ' - ' ~" ·" .. 1. 'The attached ~l~d~×X~X~'explanatory text, con-... - stituting Amendment No. 25 to. the Official Plan of - the Sandwich South Planning Area,is hereby adopted; :;. ' 2. That the Clerk is.hereby authorized and directed 'to make application to the'Minister of Housing for approval of the aforementioned Amendment No. 23 to the Official Plan of the Sandwich South Planning Area; 3 This By-law shall come into force and take effect on the day o.f the final passing thereof. Enacted and Passed this ~ day of ~;~F-~ , 19Y/, CLERK Of the Corporation First Reading - Second Reading - Third Reading - ~/q~ g// /?~/ Certified that the above is a true copy of the By-Law No. ~/~-~ as enacted and passed by the Council of the Corporat'ion of the Township of Sandwich South on the ~/~tday CLERK of th~' Corporation .6~ Township of Sandi~ich South RESOLUTiION OF THE SANDWICH SOUTH PLANNING BOARD MOVED BY: ~SECONDBD BY: Be it resolved that the attached Amendment No. 23 to the Official Plan of the Sandwich South-Planning Area, which has been prepared by the Sandwich South Planning Board, be recommended to the Council of the Township of Sandwich South for adoption. Carried: CHAIRMAN v PA~RT A 'SECTION 1 PURPOSE OF AMENDMENT The purpose of this amendment is to amend the provisions of subsection 4.5' of the Sandwich South OffiCial Plan which requires ';f" an amendment to the Official.Plan for waterline extensions in the .:;. '- Rural ^rea . BASIS OF AlvLENDMENT At the time of the approval of the Township official plan,~ the requirement of an offical plan amendment for waterline extensions was thought to be necessary-as a means of curbing strip, development in agricultural areas. The experience of the Township in implementing this provision has resulted in the conclusion that it is needlessly bureaucratic and results in unnecessary time delays, Particularly when such extensions proceed under The Local Improvement Act and are approved by Council. The Township believes that the official plan's severance :policies should be the sole basis for deciding on the appropriateness. of development applications in rural areas and that the waterline policy is unnecessary. In addition, under the provisions of The Local I'mprovement Act property owners must petition the Township to request waterline extensions. The view'of the Township is that opportunities for public input and involvement are provided through the petitioning process and that an official plan amendment for the purposes of giving public notification of a waterline extension is unnecessary' and should not be required. Therefore, waterline extensions'which are approved by Council a:nd which, proceed under Th~ Local Improvement Act Should be exempt from the provisions of subsection 4.5. 1 .ttowever, the Township also'believes .that major~waterl'ine extensions that do.not proc'e-ed under'The Local Improvement Act should .continue to be the subjec~ o~ an official plan..amendment as per subsection 4.5, Such pr'ojects .are generally not initiated local property owners, but as a result of some broader servicing issue in a municipality or among a number of'municipalities. . ..: . PART B DETAILS OF THE AMENDMENT · Section 4 subsection 4.5 of ~the Sandwich South Official -Plan is hereby amended' by the addition o'f the following sentence:.' "The provisions of this subsection-'shall not apply.'t.o waterline':i extensions approved by Council under Th¢'.Local Improvement Act". Subsection 4.5 as amended shall hereafter read as follows: "4.5 Existing water lines are shown on..Schedule 'C'. These water lines may be extended to serve new developments in the Hamlets'and Industrial Areas, but service shall not'be extended to any Rural -Area without an amendment.being'made to this Plan as provided in Section 5.4."' :The-provisions''~ - '' o.f this sUbsection shall:not apply'to waterline .. extensions approved by Council under The Local - PART C ImProvement.Act IMPLEMENTATION AND ADMINISTRATION This amendment'shall be implemented and interpreted in accordance with the provisions of the Sandwich South Official Plan. · APPENDIX ...... As 'stated in the Basis of the:Amendment, subsection 4.'3 ' i of the Sandwich South Offici'al PLan' requi?.lng an Official Plan amendment for waterline extensions], Was'originally envisioned as '. as a policy which would assist the TOwnship, in controlling nonfarm development. The experience has beem~ however, that the Committeei: '- of Adjustment primarily based its/conside.'ra{io~ of nonfarm severanCe . .applications concerning the Rural Area of 'the Township on-the POlicies o'f subsections 1 1 and 1.2 o.f the Official Plan. Ful'filling the requirements of subsection 4 3 has become an administrative burden that has been carried out separately from the committee's consider- ation of individual severance applications. The implementation of ~ubsection 4.5 has resulted in a significant number of amendments to ~he Sandwich South Official Plan. Of 21 approved amendments, 9 have been for the purposes of waterline extensions. This number reflects the bureaucratic nature of the policy as well as the fact that it is ineffective in terms of -. restricting development in rural areas · The view of the Township is that by amending subsection to exempt waterline extensions Which are approved by Council and'' which proceed under The Local Improvement A6t from an official plan amendment the T0wnship's degree of control over future development. in rural areas will not in any way be lessened. -'The amendment will, however, serve to streamline the development process in the Township by removing an unnecessary administrative obstacle in instances '' ' ' where the waterline extension is a local project being undertaken uPon petition of local property owners. The provisions of subsection 4.5, however, shall have ' apPlications to waterline extensions which do not proceed under The' Local Improvement Act'. The'Township believes that the public should be given opportunity to review and to comment upon such major, projects through the official plan amendment process ..... - 5