HomeMy WebLinkAbout10 049 Building Deposit By-LawBEING A BY -LAW TO ESTABLISH A DEPOSIT FOR THE ISSUANCE OF
BUILDING PERMITS FOR NEW STRUCTURES
WHEREAS Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provide that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's ability to respond to municipal issues and has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS Section 391 (1) of the said Municipal Act, authorizes a municipality
to impose fees or charges on persons, for services or activities provided or done by
or on behalf of it;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it necessary to regulate deposits for the issuance of building permits for new
structures.
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1.0 DEFINITIONS
In this by -law,
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY -LAW
NO. 2010 - 049
a) Applicant — means the person listed on the building permit as owner or
authorized agent.
b) Chief Building Official — means the Chief Building Official appointed by by-
law of the Municipality for the purposes of enforcement of the Act;
c) Deposit — means the sum of money held by the Municipality until such
time as the project is completed to the satisfaction of the Chief Building
Official.
d) Final Inspection — means the final inspection of the Chief Building Official
that ensures that all finishing work on any structure is complete.
e) Final Grading Inspection — means the receipt of a form bearing the
signature and seal of a Professional Engineer or Registered Ontario Land
Surveyor that the actual finished elevation and grading of these lands
generally conform with the Subdivision Grading Plan. When no
subdivision grading plan is on file, a geodetic plan must be submitted and
approved by the Chief Building Official.
f) Municipality — means The Corporation of the Municipality of Kincardine.
•
•
•
•
3.0 REFUND STRUCTURE
Page 2
Building Deposit By -law
By -law No. 2010 - 049
g) Occupancy Inspection — means the inspection of the Chief Building Official
that deems any structure suitable for human habitation.
h) Occupancy Permit — means the readiness for occupancy has been issued.
i) Owner — means the registered owner of the lands upon which the new
structure is being erected.
j) Refund — means the return in whole or in part of any deposit.
2.0 COLLECTION OF DEPOSITS
2.1 Upon issuance of a building permit for a new residential, commercial,
industrial or institutional structure, the Chief Building Official shall
collect from the applicant or owner a deposit, which sum is to be
established by the Municipality's Consolidated Rates and Fees by-
law.
3.1 Deposits shall be refunded in three stages:
3.1.1 The first shall be made to the applicant or owner upon
receipt of the final grading inspection.
3.1.2 The second shall be made to the applicant or owner upon
completion receipt of the occupancy inspection.
3.1.3 The third refund shall be made to the applicant or owner
upon completion of the final inspection.
3.2 Refunds and inspection may be combined.
4.0 GENERAL
4.1 That By -Law No. 1993 -78, of the former Town of Kincardine, and any
other by -laws amending the same, are hereby repealed.
4.2 This by -law shall come into full force and effect upon its final
passage.
4.3 This by -law may be sited as the `Building Deposit By -law'.
READ a FIRST and SECOND TIME this 21 day of April, 2010.
g c,„,„\j„
Mayor Clerk 4
READ a THIRD time and FINALLY PASSED this 21 day of April, 2010.
Dim
Clerk
•