HomeMy WebLinkAboutMarch 17, 2003 Council Meeting
Agenda
Monday, March 17, 2003
ADOPTION OF MINUTES
Regular Meeting of March 3, 2003
(11)
1.
2.
3.
RESOLUTIONS
To adopt the Planning Committee Report dated March 17, 2003.
To adopt the Committee of the Whole Report dated March 17, 2003.
To consider Clerk's Report CL 04-03 (Addendum) concerning the
Proposed Tree By-law.
Referred from the Finance & Ope,rations
Committee Meeting of February 24, 2003
To receive for information the 2002 Audit Plan and Risk
Management Framework.
To consider proclaiming May 10. 2003 as "Rally for the Cure for
Cystic Fibrosis Day".
PAGE
1
2
3-24
25-58
59-63
(111) BY-LAWS
By-law Number 6108/03
Being a by-law to prohibit and regulate the injuring, destruction or removal of
trees in defined areas of the City of Pickering.
By-law Number 6109/03
Being a by-law to authorize the acquisition of that part of Lot 15, Concession
7, Pickering, designated as Part 1, Plan 40R-21669 for road purposes.
64-68
69-70
Council Meeting
Agenda
Monday, March 17, 2003
By-law Number 6110/03
Being a by-law to dedicate that part of Lot 15, Concession 7, Pickering,
designated' as Part 1, Plan 40R-21669 as public highway and name it
"Eighth Concession Road".
71-72
By-law Number 6111/03
Being a by-law to amend Restricted Area (Zoning) By-law 3036, as
amended to implement the Official Plan of the City of Pickering District
Planning Area, Region of Durham, in Part of Lot 26, Range 3, B.F.C., Lots
127, 128 and 129, Plan 1051, in the City of Pickering. (A 06/02)
PURPOSE:
LOCATION:
APPLICANT:
ZONING BY-LAW
902, 910, 922 AND 940 OLD KINGSTON ROAD
PART OF LOT 26, BROKEN FRONT
CONCESSION, RANGE 3
MERRITON PROPERTIES INC. (FORMULA FORD)
73-78
By-law Number 6112/03
Being a by-law to amend Restricted Area (Zoning) By-law 3036, as
amended to implement the Official Plan of the City of Pickering District
Planning Area, Region of Durham, in Part of Lots 23 and 24, Concession 1,
in the City of Pickering. (A 15/02)
PURPOSE:
LOCATION:
APPLICANT:
ZONING BY-LAW
121 t KINGSTON ROAD,
PART OF LOTS 23 AND 24, CONCESSION
MET-STAR HOLDINGS LTD.
79-88
Council Meeting
Agenda
Monday, March 17, 2003
By-law Number 6113/03
Being a by-law to amend Restricted Area (Zoning) By-law 3036, as
amended by By-law 6027/02, to implement the Official Plan of the City of
Pickering District Planning Area, Region of Durham, in Part of Lots 54, 55,
56, 58, 116, 117, Plan 1051, in the City of Pickering. (A 26~02
PURPOSE: ZONING BY-LAW
LOCATION: (EAST SIDE OF FAIRPORT ROAD, ON THE
FUTURE SOUTHERN EXTENSION OF
GOLDENRIDGE ROAD)
APPLICANT: MARSHALL HOMES
By-law Number 6114/03
Being a by-law to appoint By-law Enforcement Officers for certain purposes
(Parking Regulation - 650, 705 Kingston Road, 1048 Toy Ave., 1822 Whites
Road N., 1330 Altona Rd. and 1792 Liverpool Road)
By-law Number 6115/03
Being a by-law to appoint By-law Enforcement Officers for certain purposes
(Parking Regulation - 1210 & 1235 Radom St., 1310 Fieldlight Blvd., 580
Eyer Dr., 1915 Denmar Rd., 1530/40 & 1625 & 1655 Pickering Pkwy.,
1525/35 Diefenbaker Crt., 1000/1400 The Esplanade, 925 Bayly St., 1650
Kingston Rd., 1885 & 1360 Glenanna Rd., 1958 & 1975 Rosefield Rd. and
1880/1890 Valley Farm Rd. and 1100 Begley St.)
By-law Number 6116/03
Being a by-law to amend Restricted Area (Zoning) By-law 3036, as
amended by By-law 2024/85 & 2099~85, to implement the Official Plan of the
City of Pickering District Planning Area, Region of Durham, in Part of Lots
102 & 103, Plan 40M-1380, (Part 10, 40R-9291), City of Pickering. (A 18/02)
PURPOSE:
LOCATION:
APPLICANT:
ZONING BY-LAW
1626 MCBRADY CRESCENT
PART OF LOTS 102 & 103, PLAN 40M-1380
SANDREA BARRETT
89-92
93-94
95-6
97-98
Council Meeting
Agenda
Monday, March 17, 2003
(IV)
NOTICE OF MOTION
Moved by Councillor McLean
Seconded by Councillor Holland
99-100
WHEREAS driving at excessive speeds on all roads in the City of Pickering
poses a threat to the safety of all persons in the community; and
WHEREAS persons are at particular risk when vehicles are driven at excessive
speeds on City-controlled roads that serve the residential areas and are heavily
travelled by children going to school or adults out for a recreational walk or bike
ride; and
WHEREAS the Council of the City of Pickering recognized this threat in 1996
when it passed Resolution #44/96 to request the Minister of Transport to initiate
an amendment to the Highway Traffic Act to permit local municipalities to enforce
those sections of the Act dealing with the enforcement of speed limits within its
boundaries; and
WHEREAS by Resolution #43/97 passed on February 10, 1997, Council
authorized the retention of an additional Municipal Law Enforcement Officer and
the training of all Officers in anticipation of the Province passing legislation that
would allow municipalities to enforce speed limits; and
WHEREAS by Resolution #204/97 passed on June 2, 1997, Council authorized
the purchase of two laser radar units to be used by the Durham Regional Police
Service to enhance the enforcement of speed limits in the City of Pickering; and
WHEREAS the Durham Region Police Service does have a Traffic Enforcement
Branch that is required to enforce traffic issues throughout the entire Regional
Municipality of Durham and is not able to undertake traffic enforcement problems
on City-owned streets on a regular basis; and
WHEREAS through the Traffic Management Study, residents expressed
frustration of lack of enforcement of excessive speeding on residential streets;
and
PICKEI XIG
Council Meeting
Agenda
Monday, March 17, 2003
WHEREAS photo radar was introduced by the Province of Ontado and used on
major highways with great success in reducing speeding and accidents and has
since been discontinued; and
WHEREAS the technology is available for a non-police officer, such as a
Municipal Law Enforcement Officer, to man, monitor and operate photo radar
equipment without stopping the vehicle driver on residential streets where
speeding is causing safety concerns;
NOW THEREFORE the Council of the Corporation of the City of Pickering
hereby requests the Minister of Transport to pass legislation that will permit
municipalities to enforce speeding on roads within their jurisdiction through the
use of photo radar; and
FURTHER THAT copies of this resolution be forwarded to the Honourable Janet
Ecker, MPP, Pickering-Ajax-Uxbridge,
(V) OTHER BUSINESS
(VI) CONFIRMATION BY-LAW
(VII) ADJOURNMENT
RESOLUTION OF COUNCIL
DATE
MOVED BY
SECONDED BY
That the Report of the Planning Committee dated March 17, 2003, be adopted.
CARRIED:
MAYOR
0'2
RESOLUTION OF COUNCIL
DATE
MOVED BY
SECONDED BY
That the Report of the Committee of the Whole dated March 17, 2003, be
adopted.
CARRIED:
MAYOR
RESOLUTION OF COUNCIL
DATE
MOVED BY
SECONDED BY,,
That the draft by-law to prohibit and regulate the injuring, destruction or removal
of trees in defined areas of the City of Pickering be enacted.
CARRIED:
MAYOR
Report Number:
REPORT TO
COUNCIL
CL 04-03 (Addendum)
Date: March 7, 2003
From:
Bruce Taylor, AMCT, CMM
City Clerk
Subject: Proposed Tree By-law
Recommendation:
That the draft by-law to prohibit and regulate the injuring, destruction or removal of
trees in defined areas of the City of Pickering be enacted.
Executive Summary:
This Addendum Report provides the amendments and directions made at the Finance
& Operations Committee Meeting held on February 24, 2003
Financial Implications:
A permit fee of $100.00 has been established for each application for a Tree Cutting
Permit.
Background:
At its meeting of February 24, 2003, the Finance & Operations Committee considered
Clerk's Report 4-03 in which it was recommended that a draft by-law to prohibit and
regulate the injuring, destruction or removal of trees on property adjacent to
watercourses and ravines be enacted. A copy of that Report is attached hereto for your
information.
At the February 24, 2003 meeting, the proposed Tree Cutting By-law was referred to
the Council Meeting of March 17, 2003 with the following instructions:
Report CL 04-02 (Addendum)
Subject: Proposed Tree By-law
Date:
March 7,2003
Page 2
O5
Lands owned by or regulated by the Toronto and Region Conservation Authority
or the Central Lake Ontario Conservation Authority were to be added to the list
that are exempt from the proposed by-law.
Provide a blowup of those properties of those properties that back on to the
Rouge Valley system south of Sheppard Avenue.
· The residential area south of Kingston Road and west of Notion Road and the
residential area at the northeast corner of Whites Road and Finch Avenue were
to be removed from the map that sets out the Tree Protection Area because
neither of these areas are directly within a wetland or environmentally sensitive
area nor could they be considered as hazard lands.
· For lands that are adjacent to the Tree Protection Area, staff was to examine a
reasonable setback for those lands to be included in the Tree Protection Area.
· Members of Council wanted to ensure that staff had the expertise required to
administer and enforce this by-law.
· Members of Council wanted to be made aware of the communication strategy
planned to provide public awareness of the proposed by-law.
The following is the response to the above instructions provided by the Finance &
Operations Committee:
Section 2 of the proposed Tree By-law sets out the exemptions to the By-law.
Clause (b) has been added to state that the provisions of the By-law to not apply
to lands owned by or regulated by the Toronto and Region Conservation
Authority or the Central Lake Ontario Conservation Authority.
The Tree Protection Area, which is the area to which the proposed Tree By-law
applies, has been amended to include all the lands that are shown as Shoreline
and Stream Corridors, Wetlands and Environmentally Sensitive Lands and
areas within 30 metres on lands adjacent thereto. The draft by-law
considered by the Finance & Operations Committee on February 24, 2003
included all lands in the Tree Protection Area that were adjacent to Shoreline
and Stream Corridors, Wetlands and Environmentally Sensitive Lands
regardless of how far those lands may have extended away from the sensitive
lands.
The residential areas south of Kingston Road and west of Notion Road and at
the northeast corner of Whites Road and Finch Avenue have been removed
from the Tree Protection Area because for the purposes of the proposed Tree
By-law, these lands could not be considered as Hazard Lands within a Shoreline
or Stream Corridor.
06
Report CL 04-02 (Addendum)
Subject: Proposed Tree By-law
Date:
March 7, 2003
Page 3
Attached is a map that shows the lotting of the residential area that is adjacent to
the Rouge Valley system south of Twyn Rivers Drive and north of Kingston
Road. As can be seen from this map, only those properties at the south end of
Riverview Crescent and one property on Woodview Drive are within or adjacent
to the Tree Protection Area and would be subject to the proposed Tree By-law.
Also attached is a map that shows the lotting of the residential area that is
adjacent to the Rouge Valley system south of Kingston Road. As can be seen
from this map, all the properties on the west side of Pine Ridge Road,
Rougemount Drive, Woodgrange Avenue and Dyson Road are within the Tree
Protection Area and will be subject to the proposed By-law.
With respect to the staffs' expertise to administer and enforce the proposed Tree
By-law, the Manager, By-law Enforcement Services and a Municipal Law
Enforcement Officer have, on two occasions, taken the training put on by the
Ministry of Natural Resources that is required to administer and enforce the
Regional Tree By-law. In addition, the Inspector, Landscape & Parks
Development has extensive expertise, both practically and academically, in
silviculture.
With respect to a communication strategy to make residents aware of the
proposed Tree By-law, notices will be placed within the Community Page and in
the Recreation Brochure to make residents generally aware of the proposed By-
law. In addition, staff will send out notices to residents whose property will be
affected by the proposed By-law.
Attachments:
Draft By-law
Detailed maps of properties adjacent to Rouge Valley
Report CL 4-03 dated February 7, 2003
Prepared By:
Bruce .~,y,u~'"-'"r
City Clerk
Report CL 04-02 (Addendum)
Subject: Proposed Tree By-law
Date:
Attachments
Copy: Director, Operations & Emergency Services
Division Head, Municipal Property & Engineering
Inspector, Landscape & Parks Development
Solicitor for the City
Recommended for the consideration of
Pickering City Council
Tho/ma~ J. Quinn, (i~ief AcJl~ninistrati:~e'b"C:k.~cer ~
March 7, 2003
Page 4
07
08
,,-,JTACHMcF,, ~ ~._.LL__TC~ REPOKI # ,.
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NUMBER 6108/03
Being a by-law to prohibit and regulate the injuring,
destruction or removal of trees in defined areas of
the City of Pickering.
WHEREAS pursuant to Section 135(t) of the Municipal Act, 2001, S.O 2001, c. 25, as amended, a
local municipality may prohibit or regulate the destruction or injuring of trees; and
WHEREAS the Council of the Corporation of the City of Pickering passed Resolution #125/02 on
November 4, 2002 that directs staff to prepare a by-law that would require residents backing onto
watercourse ravine areas to obtain a permit for felling healthy trees and that said by-law include a
permit fee and fines for violation of the by-law and that the by-law clearly outline very limited
circumstances where the felling of healthy trees would be permitted; and
WHEREAS Schedule III to the City of Pickering Official Plan has identified shoreline and stream
corridors, wetlands and environmentally significant areas;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING
HEREBY ENACTS AS FOLLOWS:
In this
a)
b)
c)
d)
DEFINITIONS
by-law:
"City" shall mean the Corporation of the City of Pickering;
"Clerk" shall mean the Clerk for the Corporation of the City of Pickering or his designate;
"Council" shall mean the Council of the Corporation of the City of Pickering;
"dbh' shall mean the diameter of the stem of a tree measured at a point that is 1.5
metres above ground;
e) "Tree Protection Area" includes areas designated as Shorelines and Stream Corridors,
Wetlands and Environmentally Significant Areas and areas within 30 metres on lands
adjacent thereto as set out in Schedule "A" attached hereto.
"Good Forestry Practice" shall mean the proper implementation of harvest, renewal and
maintenance activities known to be appropriate for the forest and environmental
conditions under which they are being applied and which minimize detriments to forest
values including significant ecosystems; important fish and wildlife habitat; soil and
water quality and quantity; forest productivity and health; and the aesthetics and
recreational opportunities of the landscape. Good forestry practice shall also include
the cutting and removal of severely damaged, diseased and insect infested trees which
must be removed in order to prevent contamination or infestation of other trees, or
which no longer contribute to the achievement of forest values;
"Officer~' shall mean a person assigned by the Clerk to enforce the provisions of this by-
law;
"Owner" shall mean the registered owner of land, or their agent, or anyone acting under
the direction of the owner or their agent; and
f)
g)
h)
i) "Site" shall mean the area of land containing any tree(s) proposed to be injured,
destroyed or removed.
EXEMPTIONS
The provisions of this by-law do not apply:
a)
b)
c)
d)
to activities or matters undertaken by the City, the Regional Municipality of Durham, or a
local board thereof;
e)
g)
to lands owned by, regulated by or to activities or matters undertaken by the Toronto
and Region Conservation Authority or the Central Lake Ontario Conservation Authority;
to activities or matters undertaken under a licence issued under the Crown Forest
Sustainability Act, 1994;
h)
to the injuring or destruction of trees by a person licensed under the Surveyors Act to
engage in the practice of cadastral surveying or his or her agent, while making a survey;
to the injuring or destruction of trees imposed as a condition to the approval of a site
plan, a plan of subdivision or a consent under Section 41, 51 or 53, respectively, of the
Planning Act or as a requirement of a site plan agreement or subdivision agreement
entered into under those sections;
to the injuring or destruction of trees imposed as a condition to a development permit
authorized by regulation made under Section 70.2 of the Planning Act or as a
requirement of an agreement entered into under the regulation;
the injuring or destruction of trees by a transmitter or distributor, as those terms are
defined in Section 2 of the Electricity Act, 1998, for the purpose of constructing and
maintaining a transmission system or a distribution system, as those terms are defined
in that Section;
the injuring or destruction of trees undertaken on land described in a licence for a pit or
quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate
Resources Act;
the injuring or destruction of trees undertaken on land in order to lawfully establish and
operate or enlarge any pit or quarry on land,
i) that has not been designated under the Aggregate Resources Act or a
predecessor of that Act, and
ii)
on which a pit or quarry is a permitted land use under a by:law passed Under
Section 34 of the Planning Acl;
J)
k) in areas that are not defined as a "Tree Protection Area" by this by-law;
I) to activities or matters prescribed by regulations pursuant to the Municipal Act, 2001;
m) to the removal of dead, dangerous, diseased or severely injured trees or stumps, in
accordance with good forestry practice;
trees measuring less than 25 millimetres dbh;
n)
to woodlots that are governed by By-law Number 148-91 of the Regional Municipality of
Durham or its successor.
09
o
3
PROHIBITIONS
a)
b)
Unless otherwise exempted by this by-law, no person shall injure or destroy a tree in a
Tree Protection Area without a permit issued under this by-law.
Where a permit has been issued pursuant to this by-law, no person shall injure, destroy
or remove a tree except in accordance with the plans, conditions and any other
information on the basis of which a permit was issued.
REQUIREMENTS FOR AN APPLICATION
a)
b)
Unless otherwise exempted by this by-law, every person who intends to injure, destroy
or remove a tree within an Tree Protection Area by cutting, burning, bulldozing,
lacerating, chemical application or any other means, shall apply for and obtain a permit.
A person applying for a permit to injure, destroy or remove a tree shall submit a
completed application form, along with the required plans, information and fee of
$100.00 to the Clerk.
c) Applications shall be made on a form approved by the Clerk.
REQUIREMENTS FOR ISSUANCE OF PERMIT
The Clerk shall issue a permit where:
a)
b)
the applicant has fulfilled all requirements of this by-law;
the proposed activity is associated with an existing use of the property including
ongoing silviculture practices and selective thinning or harvesting of plantations, in
accordance with good forestry practice;
c) the Clerk is satisfied that the proposed activity:
d)
e)
(i) will not interfere with natural drainage processes;
(ii) will not result in soil erosion, slope instability or siltation in a watercourse;
(iii) will not have a significant impact on any healthy vegetation community within,
and adjacent to the subject site;
(iv) will not have a significant impact on any fish or wildlife habitat within, and
adjacent to the subject site;
the owner, if required, enters into an agreement which may be registered on title in the
subject lands containing such conditions as the Clerk considers necessary to ensure
that the proposed activity will be undertaken in accordance with the approved plans and
information. Such an agreement may contain a provision requiring the applicant to post
with the City security in an amount determined by the Clerk to ensure performance of
the obligations under the agreement;
the Clerk may impose conditions to a permit as in the opinion of the Clerk are
reasonable, to ensure that the proposed activity is consistent with the provisions of
paragraphs 5(a) to 5(d) above;
where silviculture or harvesting activity is proposed within a woodlot, one permit may be
issued to authorize activity for an extended or ongoing period of time, on the basis of an
acceptable forestry management plan;
g)
h)
the Clerk may refer any application, associated plans and information to municipal staff,
public agency, advisory body and/or other qualified professional for comment prior to
making a decision; and
A permit issued pursuant to this by-law shall be valid to the expiry date as specified on
the permit by the Clerk.
APPEALS
An applicant for a permit pursuant to this by-law may appeal to the Ontario Municipal Board:
a) if the Clerk refuses to issue a permit, within thirty (30) days after the refusal;
b) if the Clerk fails to make a decision on an application, within forty-five (45) days after the
application and required plans and information are received by the Clerk; or,.
(c) if the applicant objects to a condition in the permit, within thirty (30) days after the
issuance of the permit.
ADMINISTRATION
a)
The administration and enforcement of this by-law shall be performed by the Clerk and
by such persons assigned by the Clerk.
b)
If after inspection, the Clerk or Officer is satisfied that a contravention of this by-law has
occurred, the Clerk or Officer may make an order requiring the person to stop the
injuring or destruction of trees and the order shall contain particulars of the
contravention.
c)
A person to whom an order has been made pursuant to this by-law may appeal the
order to the Council by filing a notice of the appeal to the Clerk within thirty (30) days
after the date of the order.
d)
As soon as practicable after a notice of appeal is filed, the Council shall hear the appeal
and may confirm, alter or revoke the order.
e) The decision of Council under subsection 7(d) of this by-law is final.
ENFORCEMENT
a)
Any person who contravenes any provision of this by-law or any order issued pursuant
to this by-law is guilty of an offence and on conviction is liable:
(i)
on a first conviction, to a fine of not more than $10,000 or $1,000 per tree,
whichever is greater; and
(ii)
on any subsequent conviction, to a fine of not more than $25,000 or $2,500 per
tree, whichever is greater.
b)
If a person is convicted of an offence for contravening this by-law or an order made
under Section 7(b) of this by-Jaw, in addition to any other remedy or any penalty
provided by law, the court in which the conviction has been entered, and any court of
competent jurisdiction thereafter, may order the person to rehabilitate the land or to
plant or replant trees in such manner and within such period as the court considers
appropriate, including any silvicultural treatment necessary to re-establish the trees.
11:
12
By-law read a first, second and third time and finally passed this 17th day of March, 2003.
Wayne Arthurs, Mayor
Bruce Taylor, City Clerk
~,, .,~,,, ,
~ [ ~ : c~ ~ ~ ~ ~
~ ~ I
Tree Protection ~ea
TO BY-LAW NUMBER 6108/03
IDENTIFIED BY THE FOLLOmNG A~AS
13
SHORI:'LIN~$ AND STREAM CORRIDOF~
(MAY INCLUDE HAZARD LANDS)
wE-ri_ANDS
SHORELINES AND STREAM CORRIDORS
(MAY INCLUDE HAZARD LANDS)
WETLANDS
ENVIRONMENTALLY SIGNIFICANT ARE. AS
M/~ITLAND
15
PICKERING
REPORT TO
FINANCE & OPERATIONS COMMITTEE
Report Number: CL 4-03
Date: February 7, 2003
16
F rom:
Bruce Taylor, AMCT, CMM
City Clerk
Subject: Proposed Tree By-law
Recommendation:
That Clerk's Report CL 4-03 regarding a by-law to prohibit and regulate the
injuring, destruction or removal of trees on property adjacent to watercourses
and ravines be received.
That the draft by-law to prohibit and regulate the injuring, destruction or removal
of trees on property adjacent to watercourses and ravines be forwarded to
Council for enactment.
Executive Summary:
This Report provides a draft by-law to prohibit and regulate the injuring, destruction or
removal of trees on property adjacent to watercourses and ravines as directed by
Resolution #125/02 passed on November 4, 2002.
Financial Implications:
A permit fee of $100.00 has been established for each application for a Tree Cutting
Permit.
Background:
Please be advised that Council passed the following resolution at its regular meeting of
November 4, 2002:
WHEREAS numerous personal properties within the City of Pickering
back upon watercourse ravine areas; and
17
Report CL 4-03
Subject:
Date: February 7, 2003
Page 2
WHEREAS the removal of trees from these environmentally sensitive
areas can lead to erosion, loss of habitat and ioss of aesthetic value
adjacent to park land; and
WHEREAS the former municipalities of East York and Scarborough
already have by-laws to control tree removal from properties adjacent to
ravines and the City of Toronto is preparing to implement a city-wide by-
law;
NOW THEREFORE the Council of the Corporation of the City of Pickering
directs staff to prepare a draft by-law for consideration of Finance and
Operations Committee that would require residents backing onto
watercourse ravine areas to obtain a permit for felling healthy trees; and
THAT the said by-law include a permit fee and fines for violation of the by-
law; and
THAT the by-law clearly outline very limited circumstances where the
felling of healthy trees would be permitted; and
THAT staff bring the draft by-law before Committee for consideration no
later than February 24, 2003.
Attached to this Report is a draft by-law that would implement the direction set out in
the above resolution.
Council directed that the Tree By-law require residents backing onto watercourse
ravine areas to obtain a permit for felling healthy trees. Aisc attached to this Report is
a map setting out the Tree Protection Area, which is identified in the City of Pickering
Official Plan as Shorelines and Stream Corridors, Wetlands and Environmentally
Sensitive Areas. All residents whose property is within or adjacent to these areas will
be subject to the Tree By-law.
The fee required when applying for a permit to cut trees is $100.00. The fines for
violating the by-law are set out in the Municipal Act and are:
a)
on a first conviction, a fine of not more than $10,000 or $1,000 per tree,
whichever is greater; and
b)
on any subsequent conviction, a fine of not more than $25,000 or $2,500 per
tree, whichever is greater.
c)
Upon conviction, the Court may order the person conviction to rehabilitate the
land.
Report CL 4-03
Subject:
Page 3
18
The exemptions in this by-law are set out in Section 2 of the by-law and are primarily
mandated by the Municipal Act. These include the destruction of trees that are
permitted by other Provincial statutes, including developments that are the subject of a
draft plan of subdivision or site plan agreement. Staff has also added the following
exemptions:
Trees measuring less than 25 millimetres in diameter.
The removal of dead, injured or diseased trees.
Trees that are in woodlots that are governed by the Regional Tree By-law.
Other features of the attached draft Tree By-law are:
A permit will be issued where the tree cutting activity is being undertaken in
association with an existing use of the property and in accordance with good
forestry practice. This would include golf courses where tree cutting is carried
out on a continual basis and where the owners of these facilities are careful not
to injure healthy trees.
A permit will be issued only where it can be demonstrated that the tree cutting
will not interfere with natural drainage processes, result in soil erosion, result in
siltation entering a watercourse, will not have a significant impact on healthy
vegetation that is adjacent to the cutting area and will not have an impact on any
fish or wildlife habitat within and adjacent to the subject site.
Where an Order has been issued to a person who is deemed to be contravening
this By-law, that person may appeal the Order to Council.
As required by the Municipal Act, an applicant may make an appeal to the
Ontario Municipal Board if a permit is refused, if not decision is made on an
application within 45 days or if an applicant objects to a condition set out in the
permit.
A survey undertaken of various GTA municipalities determined that most municipalities
have Tree By-laws that regulate the cutting of trees throughout the entire municipality.
The Regional Tree By-law already governs the cutting of trees on woodlots that are a
half-acre or more in size.
Attachments:
!. Draft Tree By-law
2. Map setting out the Tree Protection Area
19
Report CL 4-03
Subject:
Date: February 7, 2003
Page 4
Prepared By:
.?!~ruce Taylor
City Clerk
Attachments
Cc:
Director, Operations & Emergency Services
Division Head, Municipal Property and Engineering
J. McMulien
Solicitor for the City
Recommended for the consideration of
Picketing City Council
~as d. Ou~, Chief&dinSmore O~cor
'!!
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a by-law to prohibit and regulate the injuring,
destruction or removal of trees in defined areas of
the City of Pickering.
WHEREAS pursuant to Section 135(1) of the Municipal Act, 2001, S.O 2001, c. 25, as amended, a
local municipality may prohibit or regulate the destruction or injuring of trees; and
WHEREAS the Council of the Corporation of the City of Pickering passed Resolution #125/02 on
November 4, 2002 that directs staff to prepare a by-law that would require residents backing onto
watercourse ravine areas to obtain a permit for felling healthy trees and that said by-law include a
permit fee and fines for violation of the by-law and that the by-law clearly outline very limited
circumstances where the felling of healthy trees would be permitted; and
WHEREAS Schedule III to the City of Pickering Official Plan has identified shorelir~e and stream
corridors, wetlands and environmentally significant areas;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING
HEREBY ENACTS AS FOLLOWS:
DEFINITIONS
I. in this by-law:
a)
b)
c)
d)
"City" shall mean the Corporation of the City of Pickering;
"Clerk" shall mean the Clerk for the Corporation of the City of Picketing or his designate;
"Council" shall mean the Council of the Corporation of the City of Pickering;
"dbh" shall mean the diameter of the stem of a tree measured at a point that is 1.5
metres above ground;
e)
f)
g)
"Tree ProteCtion Area" includes areas designated as Shorelines and Stream Corridors,
Wetlands and Environmentally Significant Areas on Schedule III to the Picketing Official
Plan, Edition 2, Revised, as amended from time to time, and lands adjacent thereto.
"Good Forestry Practice" shall mean the proper implementation of harvest, renewal and
maintenance activities known to be appropriate for the forest and environmental
conditions under which they are being applied and which minimize detriments to forest
values including significant ecosystems; important fish and wildlife habitat; soil and
water quality and quantity; forest productivity arid health; and the aesthetics and
recreational opportunities of the landscape. Good forestry practice shall also include
the cutting and removal of severely damaged, diseased and insect infested trees which
must be removed in order to prevent contamination or infestation of other trees, or
which no longer contribute to the achievement of forest values;
"Officer" shall mean a person assigned by the Clerk to enforce the provisions of this by-
law;
h)
"Owner" shall mean the registered owner of land, or their agent, or anyone acting under
the direction of the owner or their agent; and
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i) "Site" shall mean the area of land containing any tree(s) proposed to be injured,
destroyed or removed. ' '
EXEMPTIONS
The provisions of this by-law do not apply:
a) to activities or matters undertaken by the City, the Regional Municipality of Durham, or a
local board thereof;
b)
c)
d)
e)
g)
h)
~)
J)
k)
~)
to activities or matters undertaken under a licence issued under the Crown Forest
Sustainabiiity Act, '1994;
m)
to the injuring or destruction of trees by a person licensed under the Surveyors Act to
engage in the practice of cadastral surveying or his or her agent, while making a survey;
to the injuring or destruction of trees imposed as a condition to the approval of a site
plan, a plan of subdivision or a consent under Section 41, 51 or 53, respectively, of the
Planning Act or as a requirement of a site plan agreement or subdivision agreement
entered into under those sections;
to the injuring or destruction of trees imposed as a condition to a development permit
authorized by regulation made under Section 70.2 of the Planning Act or as a
requirement of an agreement entered into under the regulation;
the injuring or destruction of trees by a transmitter or distributor, as those terms are
defined in Section 2 of the Electricity Act, 1998, for the purpose of constructing and
maintaining a transmission system or a distribution system, as those terms are defined
in that Section;
the injuring or destruction of trees undertaken on land described in a licence for a pit or
quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate
Resources Act;
the injuring or destruction of trees undertaken on land in order to lawfully establish and
ol~erate or enlarge any pit or quarry on land,
i) that has not been designated under the Aggregate Resources Act or a
predecessor of that Act, and
ii)
on which a pit or quarry is a permitted land use under a by-law passed under
Section 34 of the Planning Act;
trees measuring less than 25 millimetres dbh;
in areas that are not defined as an "Tree Protection Area" by this by-law;
to activities or matters prescribed by regulations pursuant to the MunicipaiAct, 200'/;
to the removal of dead, dangerous, diseased or severely injured trees or stumps, in
accordance with good forestry practice;
to woodlots that are governed by By-law Number 148-9! of the Regional Municipality of
Durham or its successor.
PROHIBITIONS
a) Unless otherwise exempted by this by-law, no person shall injure or destroy a tree in an
Tree Protection Area without a permit issued under this byqaw.
b)
Where a permit has been issued pursuant to this by-law, no person shall injure, destroy
or remove a tree except in accordance with the plans, conditions and any other
information on the basis of which a permit was issued.
REQUIREMENTS FOR AN APPLiCATiON
a)
b)
Unless otherwise exempted by this by-law, every person who intends to injure, destroy
or remove a tree within an Tree Protection Area by cutting, burning, bulldozing,
lacerating, chemical application or any other means, shall apply for and obtain a permit.
A person applying for a permit to injure, destroy .or remove a tree shall submit a
completed application form, along with the required plans, information and fee of
$100.00 to the Clerk.
c) Applications shall be made on a form approved by the Clerk.
REQUIREMENTS FOR ISSUANCE OF PERMIT
The Clerk shall issue a permit where:
a) the applicant has fulfilled all requirements of this by,law;
b)
c)
d)
e)
g)
h)
the proposed activity is associated with an existing use of the property including
ongoing silviculture practices and selective thinning or harvesting of p~antations, in
accordance with good forestry practice;
the Clerk is satisfied that the proposed activity:
(ii will not interfere with natural drainage processes;
(ii) will not result in soil erosion, slope instability or siltation in a watercourse;
(iii)
will not have a significant impact on any healthy vegetation community within,
and adjacent to the subject site;
(iv)
will not have a significant impact on any fish or wildlife habitat within, and
adjacent to the subject site;
the owner, if required, enters into an agreement which may be registered on title in the
subject lands containing such conditions as the Clerk considers necessary to ensure
that the proposed activity will be undertaken in accordance with the approved plans and
information. Such an agreement may contain a provision requiring the applicant to post
with the City security in an amount determined by the Clerk to ensure performance of
the obligations under the agreement;
the Clerk may impose conditions to a permit as in the opinion of the Clerk are
reasonable, to ensure that the proposed activity is consistent with the provisions of
paragraphs 5(a) to 5(d) above;
where silviculture or harvestingl activity is proposed within a woodiot, one permit may be
issued to authorize activity for an extended or ongoing period of time, on the basis of an
acceptable forestry management plan;
the Clerk may refer any application, associated plans and information to municipal staff,
public agency, advisory body and/or other qualified professional for comment prior to
making a decision; and
A permit issued pursuant to this by-law shall be valid to the expiry date as specified on
the permit by the Clerk.
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23
APPEALS
An applicant for a permit pursuant to this by-iaw may appeal to the Ontario Municipal Board:
a) if the Clerk refuses to issue a permit, within thirty (30) days after the refusal;
b) if the Clerk fails to make a decision on an application, within forty-five (45) days after the
application and required plans and information are received by the Clerk; or,.
(c) if the applicant objects to a condition in the permit, within thirty (30) days after the
issuance of the permit.
ADMINISTRATION
a)
b)
The administration and enforcement of this by-law shall be performed by the Clerk and
by such persons assigned by the Clerk.
If after inspection, the Clerk or Officer is satisfied that a contravention of this by-law has
occurred, the Clerk or Officer may' make an order requiring the person to stop the
injuring or destruction of trees and the order shall contain particulars of the
contravention.
c)
A person to whom an order has been made pursuant to this by-law may appeal the
order to the Council by filing a notice of the appeal to the Clerk within thirty (30) days
after the date of the order.
d)
As soon as practicable after a notice of appeal is filed, the Council shall hear the appeal
and may confirm, alter or revoke the order.
e) The decision of Council under subsection 7(d) of this by-law is final.
ENFORCEMENT
a)
Any person who contravenes any provision of this by-law or any order issued pursuant
to this by-taw is guilty of an offence and on conviction is Jiable:
(~)
on a first Conviction, to a fine of not more than $10,000 or $1,000 Per tree,
whichever is greater; and
on any subsequent conviction, to a fine of not more than $25,000 or $2,500 per
tree, whichever is greater.
b)
If a person is convicted of an offence for contravening this by-law or an order made
under Section 7(b) of this byqaw, in addition to any other remedy or any penalty
provided by law, the court in which the conviction has been entered, and any court of
competent jurisdiction thereafter, may order the person to rehabilitate the land or to
piant or replant trees in such manne[ and within such period as the court considers
appropriate, including any silvicultural treatment necessary, to re-establish the trees.
By-taw read a first, second and third time and finally passed this 3rd day of March, 2003.
Wayne Arthurs, Mayor
Bruce Taylor, City Clerk
Tree Protechon ~ea
~?~;:~ SHORELINES AND ~R~M CORR DORS
25
RESOLUTION OF COUNCIL
DATE
MOVED BY
SECONDED BY
That the 2002 Audit Plan and Risk Management Framework for The
Corporation of the City of Pickering for year ending December 31, 2002,
forwarded to Council by the Audit Committee, be received for information.
CARRIED:
MAYOR
2~
7
Overview
Financial Reporting Responsibilities
Audit Approach
Audit Work Plan
Materiality
Areas of Audit Risks and Focus
Client Service Team
Independence
Recent Developments
New Accounting & Assurance Requirements
Increased Audit Scope - Impact on Fees
1
2
4
7
8
9
10
11
12
13
17
Overview
Deloitte & Touche LLP ("Deloitte & Touche") strives to continually improve the quality and
efficiency of the assurance and advisory services provided to the Corporation of the City of
Pickering ("City"). Specifically, we have been engaged to perform the following statutory
audits for the year-ended December 31, 2002:
Consolidated financial statements of the Corporation of City of Picketing;
Financial statements of the Picketing Library Board; and
Financial statements of the Ajax-Pickering Transit Authority
We view the development of our audit service plan as an important process that provides all
parties to the audit process with an opportunity to reassess the audit needs, focus areas,
approach and expectations for performance.
This audit plan forms part of our ongoing communication with the Audit Committee in
accordance with Section 5751 of the CICA Handbook, "Communications with those having
oversight responsibility for the financial reporting process."
In this audit service plan, we will communicate to you:
· responsibilities assumed by management and Deloitte & Touche LLP in the financial reporting
process
· our audit approach
· key areas oftisk and audit focus
· other information relevant to assist the Audit Committee in discharging its responsibilities
In addition, matters arising from the audit and will be communicated to the Audit Committee
usually after the completion of the audit, or before, if considered necessary:
· Changes in significant accounting policies
· Fraud and misstatements arising fi.om error
· Any significant or unusual transactions
· Illegal or possible illegal acts
· Reasonableness of estimates made by management
· Significant weakness in internal control
· Responsibility concerning involvement with information containing audited statements
· Related party transactions which are not in the normal course of operations and which involve
significant judgments made by management concerning measurement or disclosure
· Disagreements with management
· Consultation by management with other accountants on significant matters
· Difficulties encountered in performing the audit
· Significant audit adjustments (recorded and unrecorded)
Financial Reporting Responsibilities
Integral to out Audit Plan is an understanding of the financial reporting responsibilities of management,
Deloitte & Touche and the Audit Committee.
Management is responsible for:
· Maintaining a cost-effective internal control environment, including designing and
maintaining accounting records, selecting and applying accounting principles, establishing
accounting estimates, safeguarding assets and preventing and detecting error and fraud
· Maintaining compliance with Public Sector Accounting Standards (PSAB)
· The preparation of the financial statements, including reporting the financial position and
financial activities with full and fair disclosure on a timely and consistent basis
Deloitte&
Providing appropriate management representations
Touche LLP is responsible for:
Conducting au audit in accordance with Canadian generally accepted auditing
standards. These standards require that we plan and perform an audit to obtain reasonable,
rather than absolute, assurance that the financial statements are free of material misstatement
and, owing to the inherent limitations of an audit, there is an unavoidable risk that some
misstatements of the financial statements will not be detected, even though the audit is
properly planned and performed.
Expressing an opinion as to whether the financial statements present fairly in all material
respects, in accordance with Canadian generally accepted accounting principles, the
financial position, financial activities and changes in financial position of the City.
Obtain a sufficient understanding of the internal control structure to enable us to
properly plan our audit approach in a cost-effective manner.
The audit includes:
- Assessing risk that the financial statements may contain
misstatements that, individually or in the aggregate, are
material to the financial statements taken as a whole;
- Examining, on a test basis, evidence supporting the
amounts and disclosures in the financial statements;
- Assessing the accounting principles used and their
application; and
., Assessing the significant estimates made by
management.
Financial Reporting Responsibilities (continued)
Audit Committee
Council has delegated the responsibility for the oversight of the City's financial
reporting to the Audit Committee.
As corporate governance has evolved into a critical issue for regulators, management
and the general public, the key role played by Audit Committee has garnered increased
attention. Recent releases of new reporting and governance requirements for public
companies in the United States and Canada placed significant emphasis in the
governance role. It is anticipated that the governance role in other sectors, including
local government, might evolve in the near future to adopt to best practices in Canada.
An Audit Committee generally exercises oversight in three interrelated areas:
· Financial reporting
· Audit activities
· Risk management and control
Some of the fundamental issues and questions which the Audit
Committee may address include:
· Does Management have an ongoing risk management process to identify and measure the
impact and likelihood of business risks?
· Is the audit scope of external auditor appropriate with respect to the business risk
assessment?
· Has Management clearly defined responsibilities and accountabilities with respect to
objectives and risks so those in authority can act?
· Has Management established an effective system of internal controls?
· Are the issues that are most critical to the Audit Committee's oversight responsibilities
relating to financial reporting, risks and controls and the external audit being addressed?
· Are Management communications with the Board and/or Audit Committee timely,
candid, relevant and sufficiently comprehensive?
Conclusion
In conclusion, Deloitte & Touche, in conjunction with feedback from Senior
Management and direction from the Audit Committee, have developed the City's audit
plan.
Audit Approach
Audit Planning Process
We have been engaged to conduct the audit of the financial statements of The City of Picketing,
The Pickering Public Library Board and The Ajax Picketing Transit Authority. In order to develop
our audit approach, we perform the following:
Knowledge of
City's Environment
I
I
Audit
Plan
Attend industry
conferences
Assess impact of
reporting developments
Determine areas
of focus
Staff training
Identify systems for
control testing
Design audit procedures
to address risk areas
Meetings with
management
Review recent
industry developments
Review results from
prior year
Review current results
and significant events
in the year
Assess impact of
current developments
Identify areas of
significant judgment
and risks
Determine
materiality
Assess impact of business
conditions and activities
Rotational plan
on test of controls
Determine level 'of
substantive tests
Audit work plan
including
detailed activities
and timing
Communicate
Audit Plan
to Audit Committee
Audit Approach (Continued)
The following sections highlight certain key aspects of our audit approach. Our audit
methodology has two distinct alternative approaches for auditing an account balance: control
reliance and balance substantiation.
RISK BASED AUDIT
Our audit methodology is based on risk identification. We focus our audit procedures on
areas where significant risks exist from a financial reporting perspective. Our knowledge of
the City of Pickering's business environment and operations facilitates our assessment of
risk. Considerations and assessments in developing our risk based audit approach include:
· Discussions with senior management with an emphasis on major areas of sensitivity
· Understanding of key management strategies and plans
· Key business developments
· Impact of changes in key personnel, systems and processes
· Current regulatory and accounting pronouncements and developments
· Review of prior year's audit results
Once such risks are identified and their financial statement impact is determined, an audit
approach is developed in response to the risks. The initial audit plan is developed based
upon the prior year's audit results, our preliminary planning activities and our understanding
of the business. As we progress through the year, additional factors may come to our
attention that may warrant modification to our audit plan. Please see further discussion in
section titled "Areas of Risk and Focus".
CONTROLRELIANCE
Typically we would develop a control reliance approach when control activities related to
the relevant audit objectives are in place, appear to be effective and reliable, and can be
tested efficiently.
33
Audit Approach (Continued)
BALANCE SUBSTANTIATION
Alternatively, when effective internal controls are not in place, when it is inefficient to test
controls, or when we have identified a specific risk in a particular account balance or class
of transactions, we rely less on the internal control system to provide the assurance that the
account balance is not materially misstated and place more emphasis on specific
documentation and analysis to support the account balance.
RELIANCE ON INTERNAL AUDIT
Another consideration in designing our audit approach is to determine our reliance on the
internal audit function of the City of Pickering. In determining the extent of our reliance,
we perform:
· an assessment of the planning and risk analysis undertaken by the internal audit
personnel;
· a review of the work plans for specific audits of relevance to intemal controls and
systems affecting financial reporting;
· an assessment of the quality and due care with which the Internal Audit work was
performed; and
· a review of findings reported by Internal Audit on the effectiveness of internal controls
and management's effectiveness in addressing identified weaknesses.
Audit Work Plan for 2002
Our audit work will be carried out according to in the following phases and approximate timeline.
Key milestones and deliverables are noted with an ~' . During the course of our audit, we will
communicate both formally and informally with the Audit Committee and management. We consider
regular and timely communication key to the success of our audit. Communication will take many
forms and range from conversations regarding specific aspects of City activity to formal reports.
Detailed Annual Work Plan JuL AUO
PHASEI: PRE-COMMENCEMI~ITACTIVITIE~ / /
Assess enga~ment risk W
Meet with Management to discuss audit planning matters
Meet with the Audit Committee to present our Audit Plan
Key Client Deliverables:
En~,cment Letter
Audit Plan
PHASE 2: PRELIMINARY PLANNING
Document/up date our understanding of the business, control
environment (including computer controls) and accounting
Perform preliminary analytical review procedures
Determine p lanning materialit y
PHASE 3: ASSESS RISK AND DEVELOP AUDIT PLAN
Assess risk at account and potential error level
Make praliminmy conclusion about internal controls and
raliability of f'mancial information
Plan the audit app roach including substantive tesls and test of
control as appropriate
Summarize and communicate the audit plan to thc engagement
team
PHASE4: PERFORM AUDIT PLAN I
Perform substantive analytical procedures
Perform tests of detail
Meet with management perlodieally during audit to review
preliminary results (continuous)
Review draft financial statements
PHASE 5: CONCLUDEAND RI~ORT I
Perform subsequent events review
Review all final financial audit reports and financial statements
disclosures
Meet with Management to discuss audit results and
Obtain management representations, sign audit reports
Obtain responses from management and issue management
letter
Meet with Audit Committee to discuss results of audit and
present management letter
Key Client Deli~rables:
Audit opinions
Management letter, including recommendations
PHASE 6: POST Ii2qGAGEMENT ACTIVITIES
Assess engagement quality & performance
Commence pralimina~y planning for the following year
Feedback from Audit Committee and Management
regarding Auditor's performance
Materiality
Materiality is an essential element of Canadian generally accepted auditing standards and affects the
judgment of the auditor.
Definition of Materiality
In the context of financial reporting, materiality refers to the magnitude of an omission or
misstatement of accounting information that, in light of the surrounding circumstances, makes it
probable that the judgment of a reasonable person relying on the information would have been
influenced, or a decision changed, by the omission or misstatement.
Use of Materiality
We consider materiality in assessing where to focus our testing, as a basis for determining the extent
of our testing (i.e., sample sizes) and in the evaluation of financial statement presentation and
disclosures. Our audit approach is designed to identify "material" misstatements in the financial
statements. Certain items, such as related party disclosures and commitments, may be considered
significant based on qualitative reasons. Otherwise, the amounts are considered to be material if
they exceed a quantitative guideline.
Materiality is calculated based on professional judgment, which involves an assessment of
quantitative and qualitative considerations.
Quantitative considerations
· Guidelines provided by the CICA; (.5 to 2% of budgeted expenditures for non-profit
entities)
· Effect on expenditures;
· Reliance by users of the financial statements and the City's stakeholders;
· Impact on key financial ratios.
Qualitative considerations
· Required disclosures;
· Items with special significance in the current municipal environment;
· The nature of certain transactions.
All differences noted during the audit will be accumulated and discussed with management to
determine if adjustments are required to the financial statements. Details of both the adjusted and
unadjusted amounts will be reported to the Audit Committee.
Areas of Audit Risks or Focus
The preparation of financial statements requires management to make some best estimates and informed judgments.
A key part of our audit is to carefully review the areas of management judgment for consistency and
appropriateness. We focus on transactions that are complex in nature as well as areas where there is measurement
uncertainty. In addition, it is important to consider the impact of a changing business and regulatory environment
on the City's internal controls, management processes and reporting systems.
In our audit plan, amongst other areas, we have identified the areas of focus below. The Audit Committee may
wish to add to this list.
Area Issue Response
E-Government · New phone registration and payment · Review of security platform and
Initiatives system for Parks and Recreation implementation process
programs · Understand and document flow of
· Questions of revenue completeness transactions and the related control
and accuracy in accounts due to activities
difficulties encountered relating to · Determine the extend of financial
reconciliation to the financial system impact on the financial statements
Liabilities and · Debenture issued and new internal · Review of documentation
Obligations loans · Ensure appropriate accounting
treatment has been applied
· Related note disclosure in the
financial statements
Reserve and Reserve · Various activities were approved and · Review of continuity and material
Funds incurred during the year transactions, ensure appropriate
· Initiatives to improve the overall accounting treatment has been applied
recording of these activities to
promote accuracy and efficiency
Ajax-Picketing Transit · Operating without incorporation in · Assess management's application of
Authority 2002 "reporting entity" under PSAB and
the related accounting treatment for
consolidation
Investment in Veridian · Compliance with PS 3060 · Assess implication on financial
Corporation Govemment Partnerships statements of the City
· Value of Investment · Communicate with Veridian's auditor
regarding reliance on audit
Public Sector · Impact of any new accounting · Work with Finance staff to ensure
Accounting (PSAB) standards compliance
Standards
37
Deloitte & Touche Client Service Team
The chart below shows the professionals from our firm that have been assembled to best
serve The City of Pickering.
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Independence
We are required to communicate, at least annually, with the Audit Committee regarding
all relationships between The City of Pickering and us that, in our professional judgment,
may reasonably be thought to bear on our independence. In determining which
relationships to report, the standards require us to consider relevant rules and related
interpretations prescribed by the appropriate provincial institute / ordre and applicable
legislation, covering such matters as:
(a) holding a financial interest, either directly or indirectly, in a client;
(b) holding a position, either directly or indirectly, that gives the right or responsibility
to exert significant influence over the financial or accounting policies of a client;
(c) personal or business relationships of immediate family, close relatives, partners or
retired partners, either directly or indirectly, with a client;
(d) economic dependence on a client; and
(e) provision of services in addition to the audit engagement.
An independence letter coveting the period of audit for the 2002 fiscal year will be
presented to the audit committee when we meet to review the financial statements and
issue our audit report.
Recent Developments in the Local Government
Environment
New Municipal Act
· Effective January 1, 2003
· Effects specific municipal powers, licensing, financial
administration and practices and procedures
· New regulations filed to clarify specific areas of the new Municipal
Act is on-going
Bill 46 - Accountability of Public Sector Organizations
Received first reading on May 9, 2001
Requires preparation of a business plan and an annual report each
year to measure performance against established goals
The business plan will include 12 specific areas including
governance and management structure, goals and objectives to be
achieved, action steps to be taken during the year, resources needed,
monitoring process and description of measures to increase
efficiency of service delivery
40
New Accounting and Assurance Requirements
New Canadian Accounting Standards
New Accounting Standards
Public Sector Accounting Board
The Public Sector Accounting Board's (PSAB) goal is better financial and
performance information for government decision-making and
accountability. PSAB meets this goal by setting accounting standards for
all levels of government, these standards are tailored to meet the unique
information needs of the public sector.
PS 3255 Post-Employment Benefits, Compensated Absences and
Termination Benefits
· Groups these benefits into two category: those that are accounted for
on an accrual basis and those that are accounted for only once a certain
specific event occurs
· Effective for fiscal year on or after January 1, 2004. We will adopt
earlier where appropriate.
New Accounting and Assurance Requirements
New Canadian Accounting Standards (continued)
Accounting Exposure Drafts/Recent Developments
Defining the Government Reporting Entity - Exposure Draft
· Provides guidance for determining which organizations should bc
included in a government's financial statements
· Proposes to include organizations that arc controlled by the
government
· Provides guidance and definition of'control'
· Comments were to be received by December 15, 2002
Foreign Currency Translation - Exposure Draft
· Recommendations for recognition, measurement, presentation and
disclosure for transactions that are denominated in foreign currencies
· Proposes deferral and amortization to recognize the effects of foreign
exchange rate movements on long-term foreign denominated
monetary items
Financial Statement Discussion and Analysis (FSD&A) - Statement
of Principles
· Goal is to 'enhance thc usefulness of public sector financial and non-
financial performance information'
· Proposes principles and guidance for thc presentation of FSD&A as
required supplementary information in a government's financial
report
· Statement of Principles approved by PSAB
Accounting in Canadian Government Budgets - Research Study
· Purpose is to provide a comparative look at thc accounting bases and
policies used by Canada's three levels of government in their budgets
and appropriations as compared to their summary financial statements
· Expected to bc published in December 2003
New Accounting and Assurance Requirements
New Canadian Assurance Standards
Use of Specialists in Assurance Engagements (section 5049)
The new Section applies to all assurance engagements of public and private
companies and results in the withdrawal of two Handbook Sections, namely 5360,
Using the Work of a Specialist and PS 6430, Engaging and Using Specialists in
Value-For-Money Audits
The guidance covers acceptance of such engagements as well as the selection
process and professional standards of care, which must be addressed.
It outlines performance standards, including the procedures to be performed on the
specialist's work and findings in a range of circumstances.
It is effective for periods commencing on or after July 1, 2002.
Communications With Those Having Oversight Responsibility for the
Financial Reporting Process (section 5751).
· Applies to all entities with public accountability (including not-for-profit
organizations and pension plans).
· Provides guidance to the auditor on what is to be discussed with the Audit
Committee.
· Communications with the Audit Committee be held prior to commencement of the
audit.
· These matters should include:
- matters to assist the auditor and the Audit Committee in fulfilling their
respective responsibilities;
- the level of responsibility the auditor assumes under generally accepted
auditing standards;
- the audit approach
· Communicating matters arising from the audit.
· Communicating matters that in the auditor's professional judgment may reasonably
be thought to bear on independence (including an annual independence letter from
the auditor's to the Audit Committee).
· The form and timing of communications with the Audit Committee.
· Effective for periods ending on or after December 15, 2002.
New Accounting and Assurance Requirements
New Canadian Assurance Standards (continued)
The Auditor's Responsibility to Consider Fraud and Error in an Audit of
Financial Statements (section 5135)
· Applies to all entities.
· The standard includes:
- the responsibilities of those charged with governance and of
management
- the responsibility of the auditor
- management representations
- communication of error, fraud and weaknesses in internal control to
management and the audit committee
- an appendix of fraud risk factors to be considered
· Effective for audits of financial statements and other financial information
relating to periods ending on or after December 15, 2002.
Auditing Guideline 31 - Applying Materiality and Audit Risk Concepts in
Conducting an Audit
· New guideline was issued in January 2002
· Additional guidance to assist the auditor to meet the general standards relating
to concepts of materiality and audit risk
· This guideline together with other materiality considerations, will be
incorporated in our audit planning.
Increased Audit Scope -Impact on Fees
Without giving effect to recent accounting scandals, professional standards have dictated
an increased focus on complex, technical issues as well as on the amount and types of
information we are now required to report to Audit Committees and other governing
Boards. Below is a listing of some of the accounting and assurance changes that have
impacted our profession:
Assurance Requirements
· Attendance at Audit Committee meetings
· Reporting of errors noted during the audit to the Audit Committee
· The auditor's responsibility to consider fraud and error in an audit of financial statements
· Communications with those having oversight responsibility for the financial reporting
process
· Use of specialists in assurance engagements
· Applying materiality and audit risk concepts in conducting an audit (Auditing Guideline
31)
Current expectations of Audit Committee's typically include:
· More time devoted to audit committee matters
· Expectation that we will bring more issues forward to the audit committee
· Increase expectation of partner/manager time on the engagement
· Increase emphasis on the identification and analysis of risks
· Increased emphasis on our review of the control environment
· Increased audit emphasis on areas where valuation problems could exist
· Increased use of firm specialists in areas such as Enterprise Risk Services, commodity
tax and financial strategy planning matters
· Better quality and more tangible "deliverables" brought forward to the audit committee
Increased Audit Scope- Impact on Fees (cont'd
We believe our audit approach is cost effective and every attempt has been made to keep our audit
fees to a minimum. This is accomplished through:
· Detailed planning and coordination with senior management
· Encouraging involvement by, and assistance from, the City finance personnel
· Ensuring that the audit staff has the appropriate mix of industry and client expertise and
experience
· Carefully managing and supervising staff through the audit
· Significant partner and manager involvement throughout the audit.
Our fees for audit services to be provided to The City of Pickering for 2002 fiscal year assumes the
following:
· City staff will prepare all required year-end financial statements and related schedules for use
by our audit staff; these schedules will be available for us on the dates specified in the audit
requirement request letter.
Complete access to employees in all operational areas of the City while conducting our audit.
The consolidated financial statements of the City will be prepared by the City staff inclusive of
note disclosure.
Many of these assumptions were used in preparing our initial fee quotes, however, what we could
not anticipate was the significant accounting and assurance changes that have impacted our
profession. We are therefore suggesting audit fees for 2002 as follows:
Consolidated financial statements for the City of Picketing
Picketing Library Board
Ajax Picketing Transit Authority
$42,900
$ 2,750
$ 4,2OO
Fees for services rendered other than in connection with the annual examination of the
consolidated financial statements depend on the scope of the engagement, the degree of
technical competence required and the time required. When such services are requested, we
will reach an understanding with management of the scope and fees prior to commencing the
work.
0
o-~-~
0 o
53
5~
5G
C
RESOLUTION OF COUNCIL
DATE
MOVED BY
SECONDED BY
That Mayor Arthurs be authorized to make the following proclamations:
"Rally for the Cure for Cystic Fibrosis" - May 10, 2003
CARRIED:
MAYOR
Kinsmen & Kinette Clubs of Canada
Les Clubs Kin du Canada
The Kinsmen Club of Pickering
60
Office of the Mayor
C/O The Clerks Department
City of Pickering
One The Esplanade
L1V 6K7
Attn: The Office of Mayor
The Kinsmen & Kinette Club of Pickering is pleased to announce a major fundraising
project for Cystic Fibrosis. To add to more than $200,000 already donated by the clubs
since inception, this year's goal is $10,000.
We are requesting that the City of Pickering proclaim May 10, 2003 (2nd Saturday of each
May) Rally for the Cure for Cystic Fibrosis on that day.
It would be great to have Mayor Arthurs come out that day to kick off this inaugural
event and to speak for 5-10 minutes at approximately 6:00pm. The topic of his speech
will be Kin, the City, and CF. After Mayor Arthurs we will have a speaker from CF speak
for approximately 15 minutes.
N.B. We will be serving food from 5:00-6:00pm and the Mayor is more than welcome to
join us a special guest.
Please see attached copies of news release and background info.
We look forward to hearing from the City on this matter at your earliest convenience.
Randy Thompson
Co-Chair, Rally for the Cure
Contact Number 416-809-9493
P.O. Box 327, Pickering, Ontario, L1V 2R6
Press Release Rally for a Cure
(For additional information about the Clubs, see the Backgrounder provided with this package)
The Kinsmen and Kinette Club of Pickering is pleased to announce a major fundraising project
for Cystic Fibrosis. To add to more than $200,000 already donated by the Clubs since inception,
this year's goal is $10,000.
Working from the theme that the researchers have identified the CF gene and have developed
more effective treatments, we're now rallying behind the search for the cure. Thousands of
young Canadians are victims but there is hope.
On Saturday, May 10, 2003, Pickering Kinsmen and Kinettes are seeking the cure through in a
road rally that will take participants throughout the Durham Region, hunting for clues and
treasure. A family fun day, followed by a great barbecue and social time at the Pickering Seniors
Hall on Liverpool Road, is planned. Routes are designed to take participants to parts of the
region they probably have never seen, to meet people and collect points toward great prizes.
Based on a road rally with a scavenger and treasure hunt, everyone will have a great time
without the need to drive aggressively. Speed is not a winning factor - solving the clues and
grabbing as many bonus points as you can will win cash and merchandise prizes donated by
local and national corporations.
Everyone will meet at the Pickering Seniors Club between 11:30am and 12:00 noon for briefing
and route instructions. Numerous routes will be followed but they will all lead back to where we
started at between 5:00 and 6:00 p.m. Points will be tallied while participants enjoy the best of
Kin Cooked Creations and refreshments (Pop Water Beer & Wine). Winners will be awarded
prizes, stories will be swapped and fun will be had by all.
The purpose of this event is to raise money for CF. Pricing for the event is based on the
issuance of tax receipt for a substantial portion or the entire vehicle entry fee of $50.00.
Expenses will be covered through a participant fee of $10.00 per person. The great merchants
and businesses that support their community in its efforts to better itself donated the prizes.
In expressing his support for the Rally for a Cure, Pickering Mayor Wayne Arthurs said:
"Kinsmen have been an integral part of the social fabric of Pickering for as long as I can
remember. From my first year in Pickering, I remember the Santa Claus Parade being
synonymous with Kinsmen. Since I have been mayor, I have come to know that they are
builders of the community. They combine hard work with fun and the community wins.
62
"Once again, we have a great fundraiser - based on safe driving and ingenuity not speed and
daring. A day in the countryside of Durham is something many families have never had. What a
great way to get to know about where you live and donate to a good cause at the same time."
Club President Daisy Poyner was enthusiastic in her support for the project when the Club
approved it. "1 have been involved with Pickering Kin for more than thirty years and I can't think
of a project that was more fun than this one should be. I'm going to get my family and friends
involved in this one for sure."
Project Co-Chairs Steve Lerson and Randy Thompson have led their committee to develop a
day to remember.
"We used to do something like this when I lived in Ottawa but I haven't seen one like it around
here. The great thing about it is that people don't have to race to be successful. In fact, going
too fast can lose you points. The winners will be the ones who can figure out the clues and find
the treasure." said Randy Thompson when asked about the source of the idea.
"We set out to develop a course where every team could succeed and be eligible to win a prize.
One of our volunteers is a professional event planner and the course has been fine tuned to be
safe, regardless of the route you follow." said Steve Lerson, when asked how the routes were
designed. "There are five different ways to drive the course and each one will take participants
to different points of interest. This gives the scavenger and treasure hunt designers lots of room
to play - and they do like to play!"
Entry forms, rules and further information can be found on the Pickering Kinsmen and Kinettes
website at www.co-opportunity.com/kinclubs or the City of Pickering website at
www.cityofpickering.com/greatevents Callers can contact Randy Thompson at 416-809-9493
with inquiries and to register. Entry packages are available at the following location:
The Recreation Complex
1867 Valley Farm Road
City of Pickering
63
Backgrounder
The Kinsmen Club of Pickering was founded in February 1967 as a Centennial celebration
project of the Kinsmen Club of Ajax. In recent years, as a reflection of the inclusiveness of the
organization, Kinsmen and Kinettes have joined to become one club. Founding members of the
club are still active and many have more than 20 years of service to their community.
Since the inception of Kin in Pickering, the Club has been prominent on a local, national and
International level. Local projects that endure to this day include the Kinsmen Park and
Participark on Sandy Beach Road, the event timing equipment at the Pickering Recreation
Complex Pool, the Annual Pickering Santa Claus Parade, 856 Pickering Kinsmen Air Cadet
Squadron and Monday night Bingo.
Nationally, the Club has been prominent in fundraising for Cystic Fibrosis research and patient
services. Over the past 30 or more years, Pickering Kin clubs have donated more than
$200,000 to CF, primarily to fund the Kinsmen CF Research Centre at the Hospital for Sick
Children in Toronto. We look back with pride at the accomplishments made by the wonderful
researchers with backing from our clubs across Canada. When Kinsmen first became involved
with CF, few lived to their late teens. Now, many are looking forward to being grandparents!
They have found the gene; they're now working on the cure!
It takes a lot of hard work to raise money for charitable purposes but Kin have always had an
unwritten rule that the work also has to be fun. Wherever Kin are involved you'll find fun and
laughter not far away.
For further information, please contact Daisy Poyner, President (2002-2003) at (905) 839-2780
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NUMBER 6108/03
Being a by-law to prohibit and regulate the injuring,
destruction or removal of trees in defined areas of
the City of Pickering.
WHEREAS pursuant to Section 135(1) of the Municipal Act, 2001, S.O 2001, c. 25, as amended, a
local municipality may prohibit or regulate the destruction or injuring of trees; and
WHEREAS the Council of the Corporation of the City of Pickering passed Resolution #125/02 on
November 4, 2002 that directs staff to prepare a by-law that would require residents backing onto
watercourse ravine areas to obtain a permit for felling healthy trees and that said by-law include a
permit fee and fines for violation of the by-law and that the by-law clearly outline very limited
circumstances where the felling of healthy trees would be permitted; and
WHEREAS Schedule III to the City of Pickering Official Plan has identified shoreline and stream
corridors, wetlands and environmentally significant areas;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING
HEREBY ENACTS AS FOLLOWS:
DEFINITIONS
1. In this by-law:
a) "City" shall mean the Corporation of the City of Pickering;
b) "Clerk" shall mean the Clerk for the Corporation of the City of Pickering or his designate;
c) "Council" shall mean the Council of the Corporation of the City of Pickering;
d)
"dbh" shall mean the diameter of the stem of a tree measured at a point that is 1.5
metres above ground;
e)
"Tree Protection Area" includes areas designated as Shorelines and Stream Corridors,
Wetlands and Environmentally Significant Areas and areas within 30 metres on lands
adjacent thereto as set out in Schedule "A" attached hereto.
"Good Forestry Practice" shall mean the proper implementation of harvest, renewal and
maintenance activities known to be appropriate for the forest and environmental
conditions under which they are being applied and which minimize detriments to forest
values including significant ecosystems; important fish and wildlife habitat; soil and
water quality and quantity; forest productivity and health; and the aesthetics and
recreational opportunities of the landscape. Good forestry practice shall also include
the cutting and removal of severely damaged, diseased and insect infested trees which
must be removed in order to prevent contamination or infestation of other trees, or
which no longer contribute to the achievement of forest values;
g)
"Officer" shall mean a person assigned by the Clerk to enforce the provisions of this by-
law;
h)
"Owner" shall mean the registered owner of land, or their agent, or anyone acting under
the direction of the owner or their agent; and
65
"Site" shall mean the area of land containing any tree(s) proposed to be injured,
destroyed or removed.
EXEMPTIONS
The provisions of this by-law do not apply:
a) to activities or matters undertaken by the City, the Regional Municipality of Durham, or a
local board thereof;
b) to lands owned by, regulated by or to activities or matters undertaken by the Toronto
and Region Conservation Authority or the Central Lake Ontario Conservation Authority;
c) to activities or matters undertaken under a licence issued under the Crown Forest
Sustainability Act, 1994;
d) to the injuring or destruction of trees by a person licensed under the Surveyors Act to
engage in the practice of cadastral surveying or his or her agent, while making a survey;
e) to the injuring or destruction of trees imposed as a condition to the approval of a site
plan, a plan of subdivision or a consent under Section 41, 51 or 53, respectively, of the
Planning Act or as a requirement of a site plan agreement or subdivision agreement
entered into under those sections;
f) to the injuring or destruction of trees imposed as a condition to a development permit
authorized by regulation made under Section 70.2 of the Planning Act or as a
requirement of an agreement entered into under the regulation;
g) the injuring or destruction of trees by a transmitter or distributor, as those terms are
defined in Section 2 of the Electricity Act, 1998, for the purpose of constructing and
maintaining a transmission system or a distribution system, as those terms are defined
in that Section;
h) the injuring or destruction of trees undertaken on land described in a licence for a pit or
quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate
Resources AcS
i) the injuring or destruction of trees undertaken on land in order to lawfully establish and
operate or enlarge any pit or quarry on land,
i) that has not been designated under the Aggregate Resources Act or a
predecessor of that Act, and
ii) on which a pit or quarry is a permitted land use under a by-law passed under
Section 34 of the Planning Ac~,
j) trees measuring less than 25 millimetres dbh;
k) in areas that are not defined as a "Tree Protection Area" by this by-law;
I) to activities or matters prescribed by regulations pursuant to the Municipal Act, 2001;
m) to the removal of dead, dangerous, diseased or severely injured trees or stumps, in
accordance with good forestry practice;
n) to woodlots that are governed by By-law Number 148-91 of the Regional Municipality of
Durham or its successor.
3 66
PROHIBITIONS
a)
Unless otherwise exempted by this by-law, no person shall injure or destroy a tree in a
Tree Protection Area without a permit issued under this by-law.
b)
Where a permit has been issued pursuant to this by-law, no person shall injure, destroy
or remove a tree except in accordance with the plans, conditions and any other
information on the basis of which a permit was issued.
REQUIREMENTS FOR AN APPLICATION
a)
Unless otherwise exempted by this by-law, every person who intends to injure, destroy
or remove a tree within an Tree Protection Area by cutting, burning, bulldozing,
lacerating, chemical application or any other means, shall apply for and obtain a permit.
b)
A person applying for a permit to injure, destroy or remove a tree shall submit a
completed application form, along with the required plans, information and fee of
$100.00 to the Clerk.
c) Applications shall be made on a form approved by the Clerk.
REQUIREMENTS FOR ISSUANCE OF PERMIT
The Clerk shall issue a permit where:
a)
b)
the applicant has fulfilled all requirements of this by-law;
the proposed activity is associated with an existing use of the property including
ongoing silviculture practices and selective thinning or harvesting of plantations, in
accordance with good forestry practice;
c) the Clerk is satisfied that the proposed activity:
(i) will not interfere with natural drainage processes;
(ii) will not result in soil erosion, slope instability or siltation in a watercourse;
(iii) will not have a significant impact on any healthy vegetation community within,
and adjacent to the subject site;
(iv) will not have a significant impact on any fish or wildlife habitat within, and
adjacent to the subject site;
d)
the owner, if required, enters into an agreement which may be registered on title in the
subject lands containing such conditions as the Clerk considers necessary to ensure
that the proposed activity will be undertaken in accordance with the approved plans and
information. Such an agreement may contain a provision requiring the applicant to post
with the City security in an amount determined by the Clerk to ensure performance of
the obligations under the agreement;
e)
the Clerk may impose conditions to a permit as in the opinion of the Clerk are
reasonable, to ensure that the proposed activity is consistent with the provisions of
paragraphs 5(a) to 5(d) above;
f)
where silviculture or harvesting activity is proposed within a woodlot, one permit may be
issued to authorize activity for an extended or ongoing period of time, on the basis of an
acceptable forestry management plan;
g)
h)
the Clerk may refer any application, associated plans and information to municipal staff,
public agency, advisory body and/or other qualified professional for comment prior to
making a decision; and
A permit issued pursuant to this by-law shall be valid to the expiry date as specified on
the permit by the Clerk.
APPEALS
An applicant for a permit pursuant to this by-law may appeal to the Ontario Municipal Board:
a) if the Clerk refuses to issue a permit, within thirty (30) days after the refusal;
b) if the Clerk fails to make a decision on an application, within forty-five (45) days after the
application and required plans and information are received by the Clerk; or,.
(c) if the applicant objects to a condition in the permit, within thirty (30) days after the
issuance of the permit.
ADMINISTRATION
a)
The administration and enforcement of this by-law shall be performed by the Clerk and
by such persons assigned by the Clerk.
b)
If after inspection, the Clerk or Officer is satisfied that a contravention of this by-law has
occurred, the Clerk or Officer may make an order requiring the person to stop the
injuring or destruction of trees and the order shall contain particulars of the
contravention.
c)
A person to whom an order has been made pursuant to this by-law may appeal the
order to the Council by filing a notice of the appeal to the Clerk within thirty (30) days
after the date of the order.
d)
As soon as practicable after a notice of appeal is filed, the Council shall hear the appeal
and may confirm, alter or revoke the order.
e) The decision of Council under subsection 7(d) of this by-law is final.
ENFORCEMENT
a)
Any person who contravenes any provision of this by-law or any order issued pursuant
to this by-law is guilty of an offence and on conviction is liable:
(i)
on a first conviction, to a fine of not more than $10,000 or $1,000 per tree,
whichever is greater; and
b)
(ii)
on any subsequent conviction, to a fine of not more than $25,000 or $2,500 per
tree, whichever is greater.
If a person is convicted of an offence for contravening this by-law or an order made
under Section 7(b) of this by-law, in addition to any other remedy or any penalty
provided by law, the court in which the conviction has been entered, and any court of
competent jurisdiction thereafter, may order the person to rehabilitate the land or to
plant or replant trees in such manner and within such period as the court considers
appropriate, including any silvicultural treatment necessary to re-establish the trees.
5
By-law read a first, second and third time and finally passed this 17th day of March, 2003.
Wayne Arthurs, Mayor
Bruce Taylor, City Clerk
69
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6109/03
Being a byqaw to authorize the acquisition of
that part of Lot 15, Concession 7, Pickering,
designated as Part 1, Plan 40R-21669 for
road purposes.
WHEREAS, pursuant to the Municipal Act, the Council of The Corporation of the City of
Pickering may pass by-laws for acquiring lands for municipal purposes; and
WHEREAS, the City wishes to exercise that right by acquiring that part of Lot 15,
Concession 7, Pickering, designated as Part 1, Plan 40R-21669 for road purposes.
NOW THEREFORE, the Council of The Corporation of the City of Pickering HEREBY
ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute the necessary
documentation to effect the acquisition of the lands described as that part of Lot
15, Concession 7, Pickering, designated as Part 1, Plan 40R-21669 by The
Corporation of the City of Pickering for road purposes and to obtain any/all
easements over such lands that may be required.
BY-LAW read a first, second and third time and finally passed this 17th day of March,
2003.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
I
~ INSET I SCALE 1:1000I
EIGHT}-
% CONCE .~S1ON
ROAD
City of Pickering Planning & Development Department
PROPER-I~ DESCRIPTION PART LOT 15, CONC, 7, PICKERING DESIGNATED AS PART 1, 40R-21669
OWNER CITY OF PICKERING DATE FEB. 16, 2003 I DRAWN BY JB
ROAD NAMING AND DEDICATION - EIGHTH CONCESSION ROAD SCALE 1:5000 CHECKED BY DB
FOR DEPARTMENT USE ONLY PN-RU PA-
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a by-law to dedicate that part of
Lot 15, Concession 7, Pickering,
designated as Part 1, Plan 40R-21669
as public highway and name it "Eighth
Concession Road".
WHEREAS The Corporation of the City of Pickering is the owner of that part of
Lot 15, Concession 7, Pickering, designated as Part 1, Plan 40R-21669 and
wishes to dedicate it as a public highway; and
WHEREAS, pursuant to the Municipal Act, the Council of a local municipality may
pass by-laws for giving names to or changing the names of highways.
NOW THEREFORE, the Council of The Corporation of the City of Pickering
HEREBY ENACTS AS FOLLOWS:
that part of Lot 15, Concession 7, Pickering, designated as Part 1, Plan
40R-21669 is hereby dedicated as public highway; and
that part of Lot 15, Concession 7, Pickering, designated as Part 1, Plan
40R-21669 is hereby named "Eighth Concession Road".
BY-LAW read a first, second and third time and finally passed this 17th day of
March, 2003.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
~GHTH CONCESSION ~IGHTH CONCE~$tON ROAD
¢"IGHTt-
I
City of Pickodng Planning & Dovolopmont Dopartmont
PROPERTY DESCRIPTION PART LOT 15, CONC. 7, PICKERING DESIGNATED AS PART 1, 40R-21669
OWNER CITY OF PICKERING DATE FEB. 16, 2003 DRAWN BY JB ~'~/~
ROAD NAMING AND DEDICATION - EIGHTH CONCESSION ROAD SCALE 1:5000 CHECKED BY DB
FOR DEPARTMENT USE ONLY PN-RU PA-
?3
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NUMBER 6111/03
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as
amended, to implement the Official Plan of the City of Pickering District
Planning Area, Region of Durham, in Part of Lot 26, Range 3 B.F.C.,
Lots 127, 128 and 129 Plan 1051, in the City of Pickering.
(A 06/02)
WHEREAS the Council of The Corporation of the City of Picketing deems it desirable to
permit the development of a vehicle sales and service establishment, in Part of Lot 26,
Range 3 B.F.C., Lots 127, 128 and 129 Plan 1051, in the City of Pickering;
AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed
necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
SCHEDULE I
Schedule I attached to this By-law with notations and references shown thereon
are hereby declared to be part of this By-law.
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Part of Lot 26, Range
3 B.F.C., Lots 127, 128 and 129 Plan 1051, in the City of Pickering, designated
"SC-35" on Schedule I attached hereto.
GENERAL PROVISIONS
No building, land or part thereof shall hereafter be used, occupied, erected,
moved or structurally altered except in conformity with the provisions of this By-
law.
DEFINITIONS
In this By-law,
(1)
"Body Shop" shall mean an establishment in which motor vehicle bodies
are repaired and / or painted;
(2)
"Build-to-Zone" shall mean an area of land within which all or part of a
building or buildings are to be located;
(3) (a)
"Lot". shall mean an area of land fronting on a street which is used or
intended to be used as the site of a building, or group of buildings, as
the case may be, together with any accessory buildings or structures,
or a public park or open space area, regardless of whether or not
such lot constitutes the whole of a lot or block on a registered plan of
subdivision;
(b) "Lot Coveraqe" shall mean the percentage of lot area covered by all
buildings on the lot;
5o
(4)
-2-
"Vehicle Repair Shop" shall mean an establishment containing facilities for
the repair and maintenance of vehicles on the premises, in which vehicle
accessories are sold and vehicle maintenance and repair operations are
performed, but shall not include a body shop, as defined herein, or any
establishment engaged in the retail sale of motor vehicle fuels;
(5)
"Vehicle Sales and Service" shall mean an establishment used for the
sale, service, rent or lease of vehicles and which may include as an
accessory use thereto a vehicle repair shop, but shall not include any
establishment engaged in the retail sale of motor vehicle fuels, or a body
shop as defined herein;
(6)
(a)
"Yard" shall mean an area of land which is appurtenant to and
located on the same lot as a building or structure and is open,
uncovered and unoccupied above ground except for such
accessory buildings, structures or other uses as are specifically
permitted thereon;
(b)
"Front Yard" shall mean a yard extending across the full width of a
lot between the front lot line of the lot and the nearest wall of the
nearest main building or structure on the lot;
(c)
"Front Yard Depth" shall mean the shortest horizontal dimension of
a front yard of a lot between the front lot line and the nearest wall
of the nearest main building or structure on the lot;
(d)
"Rear Yard" shall mean a yard extending across the full width of a
lot between the rear lot line of the lot or, where there is no rear lot
line, the junction point of the side lot lines, and the nearest wall of
the nearest main building or structure on the lot;
(e)
"Rear Yard Depth" shall mean the shortest horizontal dimension of
a rear yard of a lot between the rear lot line or, where there is no
rear lot line, the junction point of the side lot lines, and the nearest
wall of the nearest main building or structure on the lot;
(f)
"Side Yard" shall mean a yard of a lot extending from the front yard
to the rear yard and from the side lot line to the nearest wall of the
nearest main building or structure on the lot;
(g)
"Side Yard Width" shall mean the shortest horizontal dimension of
a side yard of a lot between the side lot line and the nearest wall of
the nearest main building or structure on the lot;
(h)
"Flankaqe Side Yard', shall mean a side yard immediately adjoining
a street or abutting on a reserve on the opposite side of which is a
street;
(i)
"Interior Side Yard" shall mean a side yard other than a flankage
side yard;
PROVISIONS
(1) Uses Permitted ("SC-35" Zone)
No person shall, within the lands zoned "SC-35" on Schedule I attached to
this By-law, use any lot or erect, alter or use any building or structure for
any purpose except the following:
(a) vehicle sales and service
(2) Zone Requirements ("SC-35" Zone)
No person shall within the lands designated "SC-35" on Schedule I
attached hereto use any lot or erect, alter or use any building except in
accordance with the following provisions:
74
?5
-3-
(2)
Zone Requirements ("SC-35" Zone)
No person shall within the lands designated "SC-35" on Schedule 1
attached hereto use any lot or erect, alter or use any building except in
accordance with the following provisions:
(a) BUILDING RESTRICTIONS
(i) Building Location and Setbacks:
A Buildings and structures shall be located entirely within the
building envelope illustrated on Schedule I attached to this
By-law;
B A building or part of a building must be located within a
build-to-zone, as illustrated on Schedule I attached to this
By-law;
C Despite clause B above, a building, part of a building, or
structure may be located outside the build-to-zone, provided
a building or part of a building is situated within both of the
build-to-zones identified on Schedule I attached to this
By-law.
(b) BUILDING HEIGHT: a minimum 6.5 metres for the portion of a
building located within a build to zone, and;
a minimum 5.0 metres for the building or
portion of a building located outside of the
build to zone;
(c) OUTDOOR STORAGE
¢)
(ii)
No outdoor storage or display is permitted in any yard;
Despite subclause 5(1)(c)(i) above, the display of automobiles in
association with a vehicle sales and service use shall be
permitted in any yard;
(d) PARKING REQUIREMENTS
(i)
(ii)
(iv)
For a vehicle sales or rental establishment use, there shall be
provided and maintained on the subject lands a minimum of 3.0
spaces per 100 square metres of gross leasable floor area.
No parking space, as required by subclause 5.(1)(d)(i) above,
may be used for the storage or display of automobiles;
Clauses 5.21.2a) to 5.21.2c) and 5.21.2e) inclusive, of By-law
3036, as amended, shall not apply to the lands zoned "SC-35"
on Schedule I attached hereto;
Despite Clauses 5.21.2g) and 5.21.2k) of By-law 3036, as
amended, all entrance and exits to parking areas and all parking
areas shall be surfaced with brick, asphalt, or concrete, or any
combination thereof;
(3)
-4-
Uses Permitted "(H)" Holding Zone
(i)
Despite the provisions of Clause 5.(1)(a), while the "(H)" holding
symbol is in place, no person shall, within the lands zoned
"(H)SC-35" on Schedule I attached hereto, use any lot or erect,
alter or use any buildings or structure for any purpose except the
following uses, assembly hall, bakery, business office,
commercial club, commercial recreational establishment,
commercial school, day nursery, dry cleaning depot, financial
institution, food store, laundromat, place of amusement or
entertainment, personal service shop, private club, professional
office, public club, restaurant-type A, and retail store, as defined
by By-law 2498/87, in the existing building located on Lot 127,
Plan 1051, as of the date of the passing of this By-law.
(4) Removal of "(H)" Holdin.q Symbol
(i)
BY-LAW 3036
Prior to an amendment to remove the "(H)" - Holding Symbol
preceding the "SC-35" zone designation, the owner is required to
execute appropriate agreements with and to the satisfaction of
the City of Pickering (and\or the Region of Durham), and such
agreements have been registered on title to the lands, to provide
for the stormwater management requirements and the
development of buildings or structures in accordance with the
provisions of subsections 5.(1) and 5.(2) of this By-law.
(1)
By-law 3036 as amended by By-laws 2923/88 and 2498/87, only as they
each apply to the area zoned "SC-35" on Schedule I to this By-law, are
hereby repealed.
(2)
By-law 3036, as amended, is hereby further amended only to the extent
necessary to give effect to the provisions of this By-law as it applies to the
area set out in Schedule I attached hereto. Definitions and subject
matters not specifically dealt with in this By-law shall be governed by
relevant provisions of By-law 3036, as amended.
7. EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof subject to the
approval of the Ontario Municipal Board, if required.
BY-LAW read a first, second, and third time and finally passed this
,2003.
day of
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
?6
{H)SC.35
LOT 41,
PLAN
1051
3.0m
,~Om
17.5m
BUILDING ENVELOPE
BUILD-TO-ZONE
SCHEDULE I TO BY-LAW. 6111/03
PASSED THIS 17*_h
DAY OF March 2003
MAYOR
CLERK
?8
WELRUS STREET
ROAD
SHEPPARD
AVENUE
KINGSTON
ROAD
SUBJECT
PROPERTY
CECYLII
City of Pickering
Planning & Development Department
IDATE MAR. 4, 2003
?9
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NUMBER 6112/03
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as
amended, to implement the Official Plan of the City of Picketing District
Planning Area, Region of Durham, in Part of Lots 23 and 24,
Concession 1, in the City of Pickering. (A 15/02)
WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to
permit certain restricted light industrial uses, certain special purpose commercial uses
and certain retail uses, in Part of Lots 23 and 24, Concession 1, in the City of
Pickering;
AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed
necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
SCHEDULES I, II, and III
Schedules I, II, and III attached to this By-law with notations and references
shown thereon are hereby declared to be part of this By-law.
AREA RESTRICTED
The provisions of this By-law shall apply to those lands in Part of Lots 23 and 24
Concession 1, in the City of Pickering, designated "SPCI-I" on Schedule I
attached hereto.
GENERAL PROVISIONS
No building, land or part thereof shall hereafter be used, occupied, erected,
moved or structurally altered except in conformity with the provisions of this
By-law.
DEFINITIONS
In this By-law,
(1)
"Adult Entertainment Parlour" shall mean a building or part of a building in
which is provided, in pursuance of a trade, calling, business or
occupation, services appealing to or designed to appeal to erotic or sexual
appetites or inclinations;
(2)
"Body Shop" shall mean an establishment in which motor vehicle bodies
are repaired and / or painted;
(3)
"Build-to-Zone" shall mean an area of land within which all or part of a
building or buildings are to be located;
(4)
"Business Office" shall mean a building or part of a building in which the
management or direction of business, a public or private agency, a
brokerage or a labour or fraternal organization is carried on and which
may include a telegraph office, a data processing establishment, a
newspaper publishing office, the premises of a real estate or insurance
agent, or a radio or television broadcasting station and related studios or
theatres, but shall not include a retail store;
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
-2-
"Commercial Recreational Establishment" shall mean a commercial
establishment in which indoor recreational facilities such as bowling
alleys, miniature golf courses, roller skating rinks, squash courts,
swimming pools and other similar indoor recreation facilities are provided
and operated for gain or profit, and which may include an arena or
stadium but shall not include a place of amusement or entertainment, as
defined herein, or games arcade, as defined herein;
"Financial Institution" shall mean a building or part of a building in which
money is deposited, kept, lent or exchanged;
"Floor Area" shall mean the aggregate of the floor areas of all storeys
above grade, but shall exclude the floor area of any parts of the elevators,
and any part of the building below established grade other than that used
for retail commercial or office purposes;
"Food Preparation Plant" shall mean a building or part of a building in
which process food products are cooked, baked, mixed, packaged or
otherwise prepared for distribution to retail or institutional outlets;
"Frozen Food Shop" shall mean a building or part of a building which is
used primarily for the purpose of the distribution, preparation or sale of
prepared or processed foods;
"Furniture and Maior Appliance Sales" shall mean an establishment in
which furniture, major appliances or both of them are stored, offered and
kept for wholesale or retail sale;
"Games Arcade" shall mean any building, room, or area in which facilities
are offered for the play of
(a) three or more games of chance,
(b) three or more games of mixed chance and skill,
(c) a combination of three or more games of chance and games of
mixed chance and skill,
for the amusement of the public, which games are not contrary to the
Criminal Code of Canada, but shall not include a place of amusement or
entertainment, as defined herein;
"Gross Leasable Floor Area" shall mean the aggregate of the floor areas
of all storeys above or below established grade designed for owner or
tenant occupancy or exclusive use only, but excluding storage areas
below established grade;
"Home Improvement Centre" shall mean a building or part of a building
used for the display, wholesale and retail sale of building materials,
hardware or accessories, including lumber;
"Jewellery Store" shall mean a building or part of a building which is used
for the purpose of the distribution, manufacturing, repair, or sale of
jeweliery such as rings, necklaces, watches and gems;
"Light Machinery and Equipment Supplier" shall mean a building or a part
of a building in which office furniture and machines, carpet and drapery
cleaning equipment, painting, gardening and plumbing equipment, small
hand power tools and similar products are stored, offered or kept for
wholesale or retail sale to industrial or commercial establishments;
(16) "Light Manufacturinq Plant" shall mean a manufacturing plant used for:
(a)
the production of apparel and finished textile products other than
the production of synthetic fibres;
(b) printing or duplicating;
80
(17)
(18)
(19)
(2O)
(21)
(22)
(23)
-3-
(c)
the manufacture of finished paper other than the processing of
wood pulp;
(d)
the production of cosmetics, drugs and other pharmaceutical
supplies; or
(e)
the manufacture of finished lumber products, light metal products,
electronic products, plastic ware, porcelain, earthenware, glassware or
similar articles, including but not necessarily restricted to, furniture,
housewares, toys, musicals instruments, jewellery, watches, precision
instruments, radios and electronic components;
(a) "Lot" shall mean an area of land fronting on a street which is used or
intended to be used as the site of a building, or group of buildings, as
the case may be, together with any accessory buildings or structures,
or a public park or open space area, regardless of whether or not
such lot constitutes the whole of a lot or block on a registered plan of
subdivision;
(b) "Lot Coverage" shall mean the percentage of lot area covered by all
buildings on the lot;
"Off-Track Bettinq Teletheatre" shall mean a building or part of a building
in which a facility, licensed under the Ontario Racing Commission Act, or
any successor thereto, which operates wagering and provides live audio
visual signals of direct, simulcast horse racing, and which provides food
and beverages as an accessory use, but shall not include a Place of
Amusement or Entertainment, as defined herein, or Games Amade, as
defined herein, or a room or an area used for any video lottery terminal
use as governed by the Alcohol and Gaming Regulation and Public
Protection Act, or any successor thereto;
"Personal Service Shop" shall mean an establishment in which a personal
service is performed and which may include a barber shop, a beauty
salon, a shoe repair shop, a tailor or a dressmaking shop or a
photographic studio, but shall not include a body-rub parlour as defined in
the Municipal Act, as amended, or any successor thereto;
"Place of Amusement or Entertainment" shall mean a building or part of a
building in which facilities are provided for amusement or entertainment
purposes, and which may include a billiard or pool room, a dance hall, a
music hall, or theatre, but, shall not include a games arcade, as defined
herein, or an adult entertainment parlour, as defined herein;
"Place of Assembly" shall mean a building or part of a building in which
facilities are provided for civic, educational, political, recreational, religious
or social meeting purposes and may include facilities for entertainment
purposes such as musical and theatrical performances, but shall not
include a place of amusement or entertainment, or games arcade as
defined herein;
"Professional Office" shall mean a building or part of a building in which
medical, legal or other professional service is performed or consultation
given, and which may include a clinic, the offices of an architect, a
chartered accountant, an engineer, a lawyer or a physician, but shall not
include a body-rub parlour as defined in the Municipal Act, as amended,
or any successor thereto;
"Restaurant - Type B" shall mean a building or part of a building where
food is prepared or offered or kept for retail sale to the public for
immediate consumption in the building or buildings on the premises only,
but shall not include an adult entertainment parlour, as defined herein;
(2~)
(25)
(26)
(27)
-4-
"Vehicle Repair Shop" shall mean an establishment containing facilities for
of vehicle fuels; the repair and maintenance of vehicles on the premises,
in which vehicle accessories are sold and vehicle maintenance and repair
operations are performed in return for remuneration, but shall not include
a body shop or any establishment engaged in the retail sale
"Vehicle Sales or Rental Establishment" shall mean an establishment in
which its main use is the sale, service, rent or lease of vehicles, and which
may include an accessory vehicle repair shop, but shall not include any
establishment engaged in the retail sale of vehicle fuels;
"Warehouse" shall mean a building or part of a building which is used
primarily for the housing, storage adapting for sale, packaging, or
wholesale distribution of goods, wares, merchandise, food-stuffs,
substances, articles or things, and may include the premises of a
warehouseman but shall not include a fuel storage tank except as an
accessory use;
(a)
"Yard" shall mean an area of land which is appurtenant to and
located on the same lot as a building or structure and is open,
uncovered and unoccupied above ground except for such
accessory buildings, structures or other uses as are specifically
permitted thereon;
(b)
"Front Yard, shall mean a yard extending across the full width of a
lot between the front lot line of the lot and the nearest wall of the
nearest main building or structure on the lot;
(c)
"Front Yard Depth" shall mean the shortest horizontal dimension of
a front yard of a lot between the front lot line and the nearest wall
of the nearest main building or structure on the lot;
(d)
(e)
(f)
"Rear Yard" shall mean a yard extending across the full width of a
lot between the rear lot line of the lot or, where there is no rear lot
line, the junction point of the side lot lies, and the nearest wall of
the nearest main building or structure on the lot;
"Rear Yard Depth" shall mean the shortest horizontal dimension of
a rear yard of a lot between the rear lot line or, where there is no
rear lot line, the junction point of the side lot lines, and the nearest
wall of the nearest main building or structure on the lot;
"Side Yard" shall mean a yard of a lot extending from the front yard
to the rear yard and from the side lot line to the nearest wall of the
nearest main building or structure on the lot;
(g)
(h)
"Side Yard Width" shall mean the shortest horizontal dimension of
a side yard of a lot between the side lot line and the nearest wall of
the nearest main building or structure on the lot;
"Flankage Side Yard" shall mean a dies yard immediately adjoining
a street or abutting on a reserve on the opposite side of which is a
street;
(i)
"Interior Side Yard" shall mean a dies yard other than a flankage
side yard;
PROVISIONS
(1) Uses Permitted ("SPCI-I" Zone)
No person shall, within the lands zoned "SPCI-I" on Schedule I attached
to this By-law, use any lot or erect, alter or use any building or structure
for any purpose except the following:
82
83
-5-
(a) Body shop
(b) Business office
(c) Commercial-recreational establishment
(d) Financial institution
(e) Food preparation plant
(f) Frozen food shop
(g) Fumiture and major appliance sales
(h) Home improvement centre
(i) Industrial or commercial equipment suppliers
(j) Jewellery store
(k) Light manufacturing plant
(I) Off-track betting teletheatre
(m) Personal service shop
(n) Place of assembly
(o) Professional office
(p) Restaurant-type B
(q) Vehicle repair shop
(r) Vehicle sales or rental establishment
(s) Warehouse
(2) Zone Requirements ("SPCI-I" Zone)
No person shall within the lands designated "SPCI-I" on Schedule I
attached hereto use any lot or erect, alter or use any building except in
accordance with the following provisions:
(a) BUILDING RESTRICTIONS
(i) LOTAREA (minimum):
0.5 hectares
(ii) LOT FRONTAGE (minimum):
30.0 metres
(iii) YARD REQUIREMENTS (minimum):
(iv) BUILDING HEIGHT (maximum):
as illustrated on
Schedule II to this
By-law
12.0 metres
(b)
(v) OPEN STORAGE:
(vi) LOT COVERAGE (maximum):
PARKING REQUIREMENTS
no open storage
shall be permitted in
any yard.
33 percent
(i)
For the purpose of this clause, "Parking space" shall mean a
usable and accessible area of not less than 2.6 metres in width
and not less than 5.3 metres in length for the temporary parking
of a vehicle, but shall not include any portion of a parking aisle or
driveway;
(ii) A minimum of 162 parking spaces shall be provided and
maintained on the lot.
(iii) A minimum of 3 parking spaces shall be provided for the outdoor
storage of rental vehicles;
(c) SPECIAL REGULATIONS
(i)
The location of points of street access to lands designated
"SPCI-I" on Schedule I to this By-law, shall be restricted to that
area designated "access" on Schedule I to this By-law;
-6-
(ii) The aggregate of the gross floor area of all buildings on the lot
shall not 3500 square metres;
(iii) The aggregate of the gross floor area of all restaurants-type B on
the lot shall not exceed 700 square metres;
(iv)
The aggregate of the gross floor areas of all business offices
and professional offices on the lot shall not exceed 2,000 square
metres;
(v) The aggregate of the gross floor areas of all off-track betting
tele-theatres on the lot shall not exceed 250 square metres;
(vi)
(vii)
Business offices and professional offices shall be permitted only
on the land diagonally-hatched on Schedule III to this By-law;
The aggregate of the gross floor areas of ail body shops and
vehicle repair shops on the lot shall not exceed 1,050 square
metres;
(viii) Body shops and vehicle repair shops shall be permitted only on
the lands cross-hatched on Schedule III to this By-law;
(ix)
The aggregate of the gross floor areas of all jewellery stores and
frozen food shops on the lot shall not exceed 186 square
metres;
(x)
Notwithstanding the front yard depth requirements of Section
2(a)(iii) of this By-law, an outdoor patio may encroach into the
required front yard to a maximum of 9.0 metres;
6. BY-LAW 3036
(1)
By-law 3036, as amended, is hereby further amended only to the extent
necessary to give effect to the provisions of this By-law as it applies to the
area set out in Schedule I attached hereto.
(2)
(3)
Definitions and subject matters not specifically dealt with in this By-law
shall be governed by relevant provisions of By-law 3036, as amended.
By-laws 1787/84, 2970/88, and 3695/91 are hereby revoked in their
entirety.
7. EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof subject to the
approval of the Ontario Municipal Board, if required.
BY-LAW read a first, second, and third time and finally passed this
day of March ,2003.
17th
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
84
85
LOT 24
SCHEDULE ]: TO BY-LAW
PASSED THIS 17th
DAY OF Na re.h 2003
'SPCI-1
6112/03
MAYOR
CLERK
BY. LAW 1727/83
\
1.0rn SIDE YARD
LOT 24
SCHEDULE fl TO BY-LAW
PASSED THIS 17th
DAY OF Ma ~c.h 2003
BY-LAW 1727/83
0,9m\~REAR
~-",, ,,-~'--- LOT 23
6!!2/03
MAYOR
CLERK
86¸
LOT 24
\ BY-LAW 1727/83
--- 40R~6 ~ 7§
, \
\
~\~----LOT 23 \
SCHEDULE flTTO BY-LAW_ 6112/03
PASSED THIS 17th _
DAY OF Nar'ch 2003
MAYOR
CLERK
GLENANNA ROAD
z ~ ! w-- w
m ----~0 ,, ~-- Z
arming & Development Depa~ment
OATE FEB. 12, 2003
88
89
THE CORPORATION OF THE CiTY OF PICKERING
BY-LAW NO. 6113/03
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as
amended by By-law 6027/02, to implement the Official Plan of the City of
Pickering District Planning Area, Region of Durham in Part of Lots 54, 55,
56, 58, 116, 117, Plan 1051, in the City of Pickering. (A 26/02)
WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to
rezone the subject lands, being Part of Lot 54, 55, 56, 58, 116, and 117, Plan 1051, for
the development of residential uses and open space hazard land uses;
AND WHEREAS an amendment to By-law 3036, as amended by By-law 6027/02, is
therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. TEXT AMENDMENT
1.1 Section 2. of By-law 6027/02 is hereby deleted and replaced with the following:
The provisions of this By-law shall apply to those lands in Part of Lots 54, 55, 56,
58, Lots 111, 112, 113, Part of Lots 114, 115, 116, 117, Plan 1051, designated
"S3-7" and "OS~HL" on Schedule I attached hereto.
1.2
1.3
Section 5. of By-law 6027/02 is hereby further amended by adding Section
5.(2)(a) Uses Permitted ("OS-HL" Zone)
No person shall within the lands designated "OS-HL" on Schedule I attached
hereto use any lot or erect, alter or use any building or structure for any purpose
except the following:
(i) preservation and conservation of the natural environment, soil and wildlife;
(ii) resource management;
(iii) pedestrian trails and walkways;
Section 5. of By-law 6027/02 is hereby further amended by adding Section
5.(2)(b) Zone Requirements ("OS-HL" Zone);
No buildings or structures shall be permitted to be erected, nor shall the placing or
removal of fill be permitted, except where buildings or structures are used only for
purposes of flood and erosion control, resource management, or pedestrian trail
and walkway purposes.
SCHEDULE "1" AMENDMENT
Schedule 'T' to By-law 6027/02 is hereby revoked and replaced with Schedule 'T'
attached hereto.
-2-
BY-LAW 6027/02
By-law 6027/02 is hereby further amended only to the extent necessary to give
effect to the provisions of this By-law as set out in Section 1 above, and as set
out in Schedule I attached hereto. Definitions and subject matter not specifically
dealt with in this By-law shall be governed by the relevant provisions of By-law
3036, as amended.
EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof subject to the
approval of the Ontario MuniCipal Board, if required.
BY-LAW read a first, second, and third time and finally passed this1 7 day
of r4 a r., 2003.
Wayne Arthurs, Mayor
Bruce Taylor, City Clerk
,90
91.
$3-7
SCHEDULE I TO BY-LAW
PASSED THIS 17th
DAY OF_ March 2003
MAYOR
CLERK
5'/
vox 55
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City of Picketing Planning & Development Departmen~-
I DATE MAR. 4, 2003
92
9 3 THE CORPORATION OF THE CITY OF PICKERING
BY-LAWNO. 6114/C~3
Being a by-law to appoint By-law Enforcement
Officers for certain purposes (Parking Regulation -
650, 705 Kingston Road, 1048 Toy Ave., 1822 Whites
Road N., 1330 Altona Rd. and 1792 Liverpool Road)
WHEREAS pursuant to section 15(I) of the Police Services Act, R.S.O. 1990, c.P.15, as
amended, a municipal council may appoint persons to enforce the by-laws of the
municipality; and
WHEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement
officers are peace officers for the purpose of enforcing municipal by-laws;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
That the following persons be hereby appointed as municipal law enforcement
officers in and for the City of Picketing in order to ascertain whether the
provisions of By-law 2359/87 are obeyed and to enforce or carry into effect the
said By-law and are hereby authorized to enter at all reasonable times upon
lands municipally known as:
a) 650 and 705 Kingston Road and 1048 Toy Avenue:
Steve Dimkovski
Larry Putnam
Kevin Hoover
Shannon Robins
Paul Smith
Robert Moore
Bill Dimkovski
Koste Hristov
Eric Geissler
Lome Putnam
William Brulotte
Valentina Dimkovski
b) 1822 Whites Road North:
Kevin Sonley
Scott Melchior
Aaron Kerr
c) 1330 Altona Road:
Diane Diaz
Delgado Cobourne
d) 1792 Liverpool Road:
Delgado Coboume
The authority granted in section 1 hereto is specifically limited to that set out in
section 1, and shall not be deemed, at any time, to exceed the authority set out in
section 1.
These appointments shall expire upon the persons listed in section l(a) ceasing
to be employees of Knights on Guard or upon Knights on Guard ceasing to be an
agent of 650 or 705 Kingston Road or 1048 Toy Ave., or upon the persons listed
in section l(b) ceasing to be employees of Securitas Canada Ltd. or upon
Securitas Canada Ltd. ceasing to be an agent of 1822 Whites Road,, or upon the
persons listed in 'section 1(c) ceasing to be employees of Direct Services Limited
or upon Direct Services Limited ceasing to be an agent of 1330 Altona Road; or
upon the person listed in section l(d) ceasing to be an employee of Nemesis
Security Services Inc. or upon Nemesis Security Services Inc. ceasing to be an
agent of 1792 Liverpool Road, or upon whichever shall occur first.
By-law 5973/02 is hereby deleted.
BY-LAW read a first, second and third time and finally passed this 17th day of March,
2003.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
95
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6115/03
Being a by-law to appoint By-law Enforcement Officers for certain
purposes (Parking Regulation- 1210 & 1235 Radom St., 1310
Fieldlight Blvd., 580 Eyer Dr., 1915 Denmar Rd., 1530/1540 & 1625
& 1655 Pickering Pkwy., 1525/35 Diefenbaker Crt., 1000/1400 The
Esplanade, 925 Bayly St., 1650 Kingston Rd., 1885 & 1360
Glenanna Rd., 1958 & 1975 Rosefield Rd. and 1880/1890 Valley
Farm Rd. and 1100 Begley St.)
WHEREAS pursuant to section 15(I) of the Police Services Act, R.S.O. 1990, c.P.15, as
amended, a municipal council may appoint persons to enforce the by-laws of the
municipality; and
WHEREAS pursuant to section 15(2) of the said Act, municipal by-law enforcement
officers are peace officers for the purpose of enforcing municipal by-laws;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
That the following persons be hereby appointed as municipal law enforcement
officers in and for the City of Pickering in order to ascertain whether the
provisions of By-law 2359/87 are obeyed and to enforce or carry into effect the
said By-law and are hereby authorized to enter at all reasonable times upon
lands municipally known as:
a) 1210 & 1235 Radom St., 1310 Fieldlight Blvd., 580 Eyer Dr., 1915 Denmar
Rd., 1530/40 & 1625 & 1655 Pickering Pkwy., 1525135 Diefenbaker Crt.,
1000/1400 The Esplanade, 925 Bayly St., 1650 Kingston Rd., 1885 & 1360
Glenanna Rd, 1958 & 1975 Rosefield Rd. and 1880/1890 Valley Farm Rd.:
Matt Arvisais
Len Wamer
Daniel Bassant
b) 1100 Begley St.:
Colleen Anderson
Aaron Kerr
John Cole
Misty Thompson
Scott Melchior
The authority granted in section I hereto is specifically limited to that set out in
section 1, and shall not be deemed, at any time, to exceed the authority set out in
section 1.
These appointments shall expire upon the persons listed in section l(a) ceasing
to be employees of Group 4 Falck Limted or upon Group 4 Falck Limited.,
ceasing to be an agent of 1210 & 1235 Radom St., 1310 Fieldlight Blvd., 380
Eyer Dr., 1915 Denmar Rd., 1530/40 & 1625 & 1655 Picketing Pkwy., 1525135
Diefenbaker Crt., 1000/1400 The Esplanade, 925 Bayly St., 1650 Kingston Rd.,
1885 & 1360 Glenanna Rd., 1958 & 1975 Rosefield Rd. and 1880/1890 Valley
Farm Rd.., or upon the persons listed' in section l(b) ceasing to be employees of
Secudtas Canada Ltd. or upon Securitas Canada Ltd. ceasing to be an agent of
1100 Begley St., or upon whichever shall occur first.
By-law 5848/01 is hereby amended by deleting Shaun Stobert and By-law
5965/02 is hereby amended by deleting Paul Powers.
BY-LAW read a first, second and third time and finally passed this 17th day of March,
2003.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
97
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6116/03
Being a By-law to amend Restricted Area (Zoning) By-law 3036, as
amended by By-law 2024/85 & 2099/85, to implement the Official Plan of
the City of Pickering District Planning Area, Region of Durham in Part of
Lots 102 & 103, Plan 40M-1380, (Part 10, 40R-9291), City of Pickering.
(A 18/02)
WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to
change the zoning of the lands to permit the establishment of a second dwelling unit
within the existing dwelling, on the subject lands, being; Part of Lots 102 & 103,
Plan 40M-1380, (Part 10, 40R-9291 ), City of Pickering.
AND WHEREAS an amendment to By-law 3036, as amended by By-law 2024/85 &
2099/85, is therefore deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. TEXT AMENDMENT
SECTION 5. Provisions of By-law 2024/85 is hereby amended, as follows:
(1) Clause 5. (1)(a) is amended by adding the following subclause:
(ii)
Despite subclause 5.(1)(b)(ix) or any other provision of this By-law,
a detached dwelling unit on Part of Lots 102 & 103, Plan 40M-1380,
(Part 10, 40R-9291), may include a second dwelling unit in the
main dwelling;
(2) Clause 5.(1)(b)(x) is amended by adding the following paragraph:
(a)
where a detached dwelling is permitted to include a second
dwelling unit, there shall be provided and maintained a minimum of
three parking spaces on that lot.
2. BY-LAW 2024/85
By-law 2024/85 is hereby further amended only to the extent necessary to give
effect to the provisions of this By-law as set out in Section 1 above. Definitions and
subject matter not specifically dealt with in this By-law shall be governed by the
relevant provisions of By-law 3036, as amended.
3. EFFECTIVE DATE
This By-law shall take effect from the day of passing hereof subject to the approval
of the Ontario Municipal Board, if required.
4. REPEAL BY-LAW 6102/03
By-Law 6102/03 is hereby repealed.
BY-LAW read a first, second and third time and finally passed this 17th day
of March, 2003.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
DELLBROOK
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City of Pickering Planning & Development Department
PROPERTY DESCRIPTION PART OF LOTS 102 & 103, pLAt, N 40M..f 380 NOW 40R. S2B,1, pART 10
APPLICANT S. BARRE'~ ~ DATE OCT. 3, 2002 DRAWN BY
APPLICATION No. A'~ 8/02 SCALE
FOR DEPARTMENT USE ONLY PN-13
NOTICE OF MOTION
DATE: MARCH t7, 2003
MOVED BY: COUNCILLOR MCLEAN
SECONDED BY: COUNCILLOR HOLLAND
WHEREAS driving at excessive speeds on all roads in the City of Pickering poses a
threat to the safety of all persons in the community; and
WHEREAS persons are at particular risk when vehicles are driven at excessive speeds
on City-controlled roads that serve the residential areas and are heavily travelled by
children going to school or adults out for a recreational walk or bike ride; and
WHEREAS the Council of the City of Pickering recognized this threat in 1996 when it
passed Resolution ~t44/96 to request the Minister of Transport to initiate an amendment
to the Highway Traffic Act to permit local municipalities to enforce those sections of the
Act dealing with the enforcement of speed limits within its boundaries; and
WHEREAS by Resolution ~43/97 passed on February 10, 1997, Council authorized the
retention of an additional Municipal Law Enforcement Officer and the training of all
Officers in anticipation of the Province passing legislation that would allow municipalities
to enforce speed limits; and
WHEREAS by Resolution #204/97 passed on June 2, 1997, Council authorized the
purchase of two laser radar units to be used by the Durham Regional Police Service to
enhance the enforcement of speed limits in the City of Pickering; and
WHEREAS the Durham Region Police Service does have a Traffic Enforcement Branch
that is required to enforce traffic issues throughout the entire Regional Municipality of
Durham and is not able to undertake traffic enforcement problems on City-owned
streets on a regular basis; and
WHEREAS through the Traffic Management Study, residents expressed frustration of
lack of enforcement of excessive speeding on residential streets; and
WHEREAS photo radar was introduced by the Province of Ontario and used on major
highways with great success in reducing speeding and accidents and has since been
discontinued; and
WHEREAS the technology is available for a non-police officer, such as a Municipal Law
Enforcement Officer, to man, monitor and operate photo radar equipment without
stopping the vehicle driver on residential streets where speeding is causing safety
concerns;
NOW THEREFORE the Council of the Corporation of the City of Pickering hereby
requests the Minister of Transport to pass legislation that will permit municipalities to
enforce speeding on roads within their jurisdiction through the use of photo radar; and
FURTHER THAT copies of this resolution be forwarded to the Honourable Janet Ecker,
MPP, Pickering-Ajax-Uxbridge.
CARRIED:
Btaylor. Notices of Motion:Photo Radar
MAYOR