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Home My WebLink About00 031 Tariff/Fees Plan Matters -e . e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2000 - 31 BEING A BYLAW TO ESTABLISH A TARIFF OF FEES IN RESPECT TO PLANNING MATTERS WHEREAS section 69 of the Planning Act R.S.O. 1990 c. P.13. as amended, allows councils of municipalities by by-law to establish a tariff of fees for processing applications made in respect to planning matters; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine wishes to ensure that applicants for planning procedures pay the anticipated costs of their applications; AND WHEREAS the said Council has reviewed again such costs associated with previous applications in order to determine a fair and equitable fee structure; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. FEES AND DEPOSITS 1.1 An applicant for: a) an appeal to the Ontario Municipal Board b) a deeming by-law c) a part lot control exemptions by-law d) a by-law to remove an "h" holding symbol from a property e) a plan of subdivision shall pay a fee or deposit to the municipality based on the Schedule of Fees and Deposits as set out on Schedule "A" to this By-law. The municipality shall submit an invoice from time to time to the applicant based on various amounts set out on the said Schedule "A" and any amounts so invoiced shall become due and payable to the municipality within thirty (30) days of the date of the invoice. 1.2 The fees payable with respect to a planning application referred to in Section 1.1 hereof shall include all of the fees and costs incurred by the municipality relating to the application at the municipal level or on any appeal to the Ontario Municipal Board, unless such application is rejected by the municipality, in which case such fees and costs shall only be charged up to the date of rejection. 1.3 Every applicant for a planning matter referred to in Section 1.1 hereof shall make an application to the Deputy CAO/Deputy Clerk and in addition shall pay any applicable fee to the municipality as per Schedule "A". ...2/ e· e e e By-Law No. 2000 - 31 Tariffs of Fees for Planning Matters By-Law Page 2 of 3 1.4 Every applicant that has his or her application referred to the Ontario Municipal Board shall sign a deposit agreement in the form attached as Schedule "B" and pay any applicable deposit as per Schedule "A". 1.5 Every applicant for a plan of subdivision shall sign a deposit agreement in the form attached as Schedule "B" and pay any applicable deposit as per Schedule "A". 1.6 The Municipality may disburse funds from time to time from the deposit monies referred to in clause 1.4 in order to pay the planning fees incurred by the applicant. At the time of making such disbursements the Municipality shall send an itemized invoice advising of the invoices so paid from the deposit monies. The applicant shall have thirty (30) days from the date that such itemized invoice is mailed to the applicant to pay the amount of such invoice to the Municipality which payment when received shall be added to the deposit monies remaining on hand. If at any time the deposit monies are reduced to less that fifty (50%) percent of the required amount as detailed in the Deposit Agreement (Schedule "B") or in the event that the applicant fails to pay any itemized invoice within thirty (30) days as required by this clause, the Municipality shall cease any further processing of the planning application until such time as the originally required deposit has been replenished. 1.7 The Clerk or Treasurer is authorized to sign on behalf of the Municipality the form of Deposit Agreement set out in Schedule "BOO. 2. MISCELLANEOUS 2.1 In addition to the fees payable in accordance with Section 1 of this By-Law, the applicants shall also be responsible for paying to the municipality the amount of any fees payable with respect to an application referral or appeal to the Ontario Municipal Board at the rate in effect at the time of filing with the Board. 2.2 Notwithstanding the various fees established by this By-Law, the Council of The Corporation of the Municipality of Kincardine, in processing the application, may by resolution reduce the amount of, or waive, the requirement for the payment of a fee in respect of the application, where the Council is satisfied that it would be unreasonable to require payment in accordance with the tariff established by this By-Law. 2.3 The Treasurer shall keep an accurate record of all rates and charges payable by an applicant as a fee pursuant to this By-Law. 2.4 When a planning matter has been initiated prior to the passing of this by-law and the fee for the planning matter exceeds the fee required to be paid pursuant to this by-law, the fee in this by-law shall apply. ...31 e e . e By-Law No. 2000 - 31 Tariffs of Fees for Planning Matters By-Law Page 3 of 3 3. This by-law shall come into full force and effect on its final passing. 4. This by-law may be cited as the "Tariff of Fees for Planning Matters By- law". READ a FIRST and SECOND time this 9th day of February, 2000. READ a THIRD time and DEEMED TO BE PASSED this 8th day of March, 2000. ~µ or Q=='\\IAQ ~\""Qk Clerk SCHEDULE "A" to By-law No. 2000 - 31 TARIFF OF FEES & DEPOSITS DEPOSITS 1. APPEAL TO THE ONTARIO MUNCIPAL BOARD- If any Official Plan Amendment, Zoning By-Law Amendment, an Approval of a draft Plan of Subdivision or Consent Application including a Related Development Agreement, Committee of Adjustment Application, passed or approved by the Municipality, a Site Plan Agreement, and any other application made pursuant to the provisions of The Planning Act are appealed to the Ontario Municipal Board by any person other than the applicant, the applicant shall pay a deposit of $5,000.00 for each day of the Ontario Municipal Board Hearing. The Municipal Solicitor shall determine how many days the hearing will take and a deposit of $5,000.00 must be made prior to any time being expended by the Municipal Solicitor. The deposit can be by way of cash or an irrevocable letter of credit. Any unused portion of said deposit shall be refunded to the applicant after all municipal expenses have been paid. 2. APPLICATION FOR A PLAN OF SUBDIVISION - Any application for a plan of subdivision, the applicant shall pay a deposit of $5,000.00. The deposit can be by way of cash or an irrevocable letter of credit. Any unused portion of said deposit shall be refunded to the applicant after all municipal expenses have been paid. 3. DISBURSEMENTS FROM ITEMS 1 & 2 SHALL BE CALCULATED AS FOLLOWS: a. Fee payable for services provided by Municipal employees including Clerk, Treasurer or Secretary b. Fee payable for services provided by Municipality's Planning Consultants with respect to an application c. Fee payable for services provided by Municipality's Solicitor d. Fee payable for services provided by Municipality's Consulting Engineers e. Charge for comments, review and attendance at meetings, where required, by the Chief Building Official f. Charge for special meeting of Council - a request to deal with one application - a request to deal with two or more applications g. Charge for photocopying h. Charge for postage I. Charge for publication in newspapers having local circulation J. Charge for other meeting rooms, per meeting: - Council Chambers - For other than the above At Municipal Cost + Traveling Expenses At Municipal Cost + Traveling Expenses At Municipal Cost + Traveling Expenses At Municipal Cost + Traveling Expenses At Municipal Cost + Traveling Expenses (per application) $300.00 (per application) $200.00 (per copy) .30 at cost at cost (per application) $30.00 FEES 4. 5. 6. SCHEDULE "A" to By-law No. 2000 - 31 Page 2 TARIFF OF FEES & DEPOSITS For a By-law under section 50 (4) of the Planning Act to deem a plan or part of a plan not to be a registered plan For a Part-Lot Exemption Control By-law under section 50 (7) of the Planning Act For a By-law to remove "h" holding zone (per application)$350.00 includes registration cost (per application)$350.00 includes registration cost (per application)$1 00.00 SCHEDULE "B" to By-law No. 2000 - 31 DEPOSIT AGREEMENT Where an application is appealed to the Ontario Municipal Board, the undersigned applicant for: a) an amendment to the Official Plan; b) an amendment to the Zoning By-Law; c) an approval of a draft Plan of subdivision, or a severance, including a related development agreement; a site plan agreement; and any other application made pursuant to the provisions of The Planning Act D D D d) e) D D or where there is an application for a plan of subdivision, the undersigned applicant hereby agrees with the Corporation of the Municipality of Kincardine (the "municipality") that he/she shall forthwith pay to the municipality's Treasurer a deposit in the amount of: Dollars ($ .00) to assure the municipality that all applicable planning fees and costs shall be paid promptly. The undersigned applicant acknowledges and agrees that: 1. the deposit monies shall be placed in trust with the municipality and shall earn interest at the most favourable prevailing savings account rate of the municipality's bank; 2. shall only be refunded, with interest earned thereon, upon final disposition of the planning application, including all appeals related thereto; 3. the municipality may disburse funds from time to time from the deposit monies referred to herein in order to pay the planning fees incurred by the applicant. At the time of making such disbursements the municipality shall send an itemized invoice advising of such invoice to the municipality which payment when received shall be added to the deposit monies remaining on hand. If at any time the deposit monies are reduced to less than fifty (50%) percent of the required amount as detailed herein or in the event that the applicant fails to pay any itemized invoice within thirty (30) days as required by this clause, the municipality shall cease any further processing of the planning application until such time as the originally required deposit has been replenished. DATED this day of ,2000. Name of Applicant THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Signature of Applicant Signature of Clerk/Treasurer