By-Law No. 0222/2007
Being A By-Law To Establish A Tariff Of Fees For Processing Of Applications Made In Respect Of Planning Matters.
Whereas Section 69 of the Planning Act, R.S.O. 1990 Chapter c.P.13, as amended, authorizes the Council of a Municipality to enact a by-law to establish a tariff of fees for the processing of applications made in respect of planning matters;
And whereas the Council of the Township of Addington Highlands deems it advisable to pass a tariff of fees by-law;
Now therefore the Council of the Corporation of the Township of Addington Highlands enacts as follows:
1. That Schedule “A” to this by-law, and being part of this by-law, shall outline the tariff of fees that shall apply to the processing of applications made in respect of planning matters.
2. That all applications shall be considered to be mutually exclusive, and the said fees shall be payable in full in advance and accompany each application.
3. That the tariff of fees prescribed in Schedule “A” to this by-law shall not include:
- i. The Processing of objections to amendments or appeals of Committee of Adjustment decisions;
- ii. The Attendance of the municipality before any Administrative Tribunals or any public meeting other than those formally required by the Planning Act;
- iii. The planning, engineering or legal cost for the preparation of Subdivision Agreements,
- iv. The review of a proposal by a consultant retained by the municipality; v. Any other matters directly associated with processing of planning applications which are not noted in Scheduled “A”.
4. The Municipality may require additional deposits before proceeding with any matters detailed in Section 3 above; such deposits to cover all anticipated costs related to the application. Ontario Municipal Board Hearing deposits towards legal expenses will be paid when a party lodges an appeal other than the By-law No. 0222/2007 applicant/owner or the Township and the deposit be made according to the following schedule:
- a) Minor Variance or Consent $3000
- b) Application under Sections 34, 36
- and 39 of the Planning Act $5000
- c) Application for Official Plan Amendment $5000
- d) Application for Subdivision $5000
5. When the final costs exceed the fees paid, the applicant shall pay the difference forthwith upon being billed by the municipality. Where a deposit has been made and final costs exceed the fees paid, the municipality shall deduct the difference from the deposit.
6. That fees paid under Schedule A are non-refundable except that if Council does not approve a Zone change or Official Plan Amendment, the fees for document preparation listed under Schedule A Sections 1.2 and 1.4 shall be refunded. Deposits required above the fee amount under Schedule A Sections 1.3 and 1.5 shall be refunded after all applicable costs have been paid or have been deducted from the deposit.
7. That the fees prescribed in the above represent the anticipated costs of the Corporation of the Township of Addington Highlands for the processing of applications related to planning matters specifically described in Schedule A and No. 3 and 4 above, and are based on the understanding that the applicant will proceed expeditiously in processing the application. Where an application relative to a particular planning matter is not proceeded with expeditiously, the Clerk shall formally notify the applicant in writing that no further processing of the application shall occur and the application shall be terminated.
8. That all application submitted under Schedule A Sections 1.3 and 1.5 of this By-law shall require the applicant to sign a predevelopment agreement with Township of Addington Highlands, the general format of such agreement being found on Schedule “B” to this By-law.
9. That all applications submitted under Sections 1.1, 1.2, 1.3, 1.4 of Schedule A of this by-law shall require the applicant to sign an agreement to indemnify the Township’s costs, the general format of such document being found on Schedule “B” to this By-law.
10. That notwithstanding the tariff of fees prescribed in this by-law, the Council of the Corporation of the Township of Addington Highlands may reduce the amount of, or waive the requirement for the payment of a fee in respect of the
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application where the Council is satisfied that it would be unreasonable to require payment in accordance with the tariff.
11. That this by-law shall come into force and effect on the date of its passing by the Council of the Corporation of the Township of Addington Highlands.
Read a first and second time this 5TH day of February, 2007.
Read a third and finally passed this 5th day of February, 2007.
Henry Hogg, Reeve | Jack Pauhl, Clerk