This by-law be cited as the "South Stormont Site Plan Control Area By-law".
For the purposes of this by-law, "development" shall be defined pursuant to Section 41(1) of the Planning Act.
Lands located within the following United Counties of Stormont, Dundas and Glengarry Official Plan land use designations located within the Township of South Stormont are hereby designated as a "Site Plan Control Area" pursuant to Section 41 of the Planning Act:
- Any industrial, commercial or institutional use.
- Any multiple residential use, home occupation or bed and breakfast establishment.
- Any lands abutting a water body, natural or human-made hazard or natural heritage feature.
- All conversions and redevelopment within any of the above categories.
- All communications tower or public utility installation.
- A group home.
- A home based business.
- A wellhead protection area or high aquifer vulnerability area.
The municipality shall require that no person shall undertake any development in the area designated as a site plan control area by this by-law unless the Director of Planning and Building or Delegate of the Township of South Stormont, or where a referral has been made to the Ontario Land Tribunal (OLT), and the Ontario Land Tribunal (OLT) has approved the plans and drawings for such development in accordance with Section 41 of the Planning Act and the Official Plan of the United Counties of Stormont, Dundas and Glengarry and in addition as may be required, has entered into one or more agreements with the municipality dealing with and ensuring the provision of any or all of the facilities, works or matters and the maintenance thereof, required as a condition of the approval of the plans and drawings.
Development may be undertaken without the approval of the aforementioned plans and drawings and the entering into of agreements for the following classes of development as defined in by-laws of the Township passed under Section 34 of the Planning Act:
- Single family dwelling, where there are less than three (3) lots involved with the development;
- Semi-detached dwelling or duplex dwelling, where there are less than three (3) lots involved with the development;
- Agricultural use, including farm buildings and green houses;
- Temporary building for construction purposes; and
- Any building or structure on land owned or leased by the municipality.
Notwithstanding Paragraph 5 hereof, no development may be undertaken without the approval of plans and drawings required under subsection (4) or (5) of Section 41 of the Planning Act, where:
- Site Plan Control is imposed as a condition of a zoning amendment by Council;
- Site Plan Control is imposed as a condition of approval by the Committee of Adjustment; or
- Site Plan Control is imposed by the Ontario Land Tribunal (OLT).
As a condition of approval of the plans and drawings for the development or redevelopment of land, the Township may require the dedication of land for park or other recreational purposes, or the payment of money in lieu of land in an amount not exceeding the following requirements:
- commercial or industrial development: two percent (2%).
- all other development: five percent (5%).
As a condition of approval of the plans and drawings for the development or redevelopment of land, the Township may require the dedication of land for the widening of any street, road or intersection.
That By-law No. 2017-073 is hereby repealed.