Committee of Adjustment Terms of Reference

If you’re looking for the Haldimand County Committee of Adjustment Terms of Reference, this is the place to find it. Learn more about the composition, terms of appointment and office, mandate, expectations of committee members, meeting times and places and remuneration.

Composition

The Committee of Adjustment is composed of seven appointed representatives.

Term of Appointment

Committee members are appointed for a four year term which runs concurrently with the term of office of the Council of Haldimand County.

Mandate

Section 50 of the Planning Act requires consent approval for applications for the creation of new lots; for boundary adjustment; for fights-of-way, easements and leases which extend for a period of 21 years or more; and for foreclosure of or exercise of a power of sale in a mortgage or charge for part of a parcel of land. The Committee’s consent is also required for the validation of title under Section 57 of the Planning Act, R.S.O. 1990, as amended, C. P. 13.

The Committee, in making its decision, must have regard to all matters that would be considered with respect to approval of a plan of subdivision under Section 51(24) of the Planning Act, R.S.O. 1990, as amended, C. P. 13. The Committee has the same powers with respect to a consent as the Minister has with respect to an approval of a plan of subdivision.

Under Section 45(a) and (2) of the Planning Act, R. S. O. 1990, as amended C. P. 13, a Committee of Adjustment is automatically assigned responsibility for processing applications relating to the following:

    • Minor variances to certain types of by-laws
    • Non-conforming uses; and
    • Permitting specific uses where a by-law defines them in general terms

Committees of Adjustment considering minor variance applications have no absolute tests to guide their assessment. Section 45(1) of the Planning Act, R.S.O. 1990, as amended, C. P. 13, states that the authorized variance from the zoning by-law should:

  • be minor
  • be desirable for the appropriate development and use of the land, building or structure
  • maintain the general intent and purpose of the zoning by-law; and
  • maintain the general intent and purpose of the official plan.

Expectations of Committee Members

Be able to perceive issues on a municipal-wide basis. Have transportation and be willing to make site visits prior to hearings.

Attend one public meeting per month.

Attend general committee meetings as required.

Be willing to study to become familiar with policies of the Haldimand County Official Plan and Zoning By-laws, as well as the Provincial Policies.

Time and Place of Meetings

Public hearings are held in the Council Chambers of the Cayuga Administration Building at 9:00 a.m. the second Tuesday of each month.
General committee meetings may take place throughout the year. There may also be occasional meetings with County staff as well as representatives from Provincial ministries.

Term of Office

Four years from the date of appointment to coincide with the Council term. Members hold office until their successors are appointed. Where a member ceases to be a member before the expiration of his or her term, Council will appoint another eligible person for the remainder of the term as per Section 44 (3 and 4) of the Planning Act.

A Chair and Vice-Chair will be elected from within the membership at the first hearing of each year (one year term) as per Section 44 (7) of the Planning Act.

Remuneration

Committee of Adjustment

Members are paid bi-annually (June & December) via direct deposit. The rate for the Committee members is $100.00 plus mileage per meeting for Committee of Adjustment meetings and related matters.

 

Property Standards

$20.00 per meeting

 

Sign Variances

$20.00 per application plus mileage

X
X
X