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THE CORPORATION OF THE TOWNSHIP OF BALDWIN
BY-LAW NO. 2023-17
BEING A BY-LAW TO PROVIDE FOR FEES AND CHARGES AND
TO CONSOLIDATE CERTAIN BY-LAWS RELATED TO FEES AND
CHARGES.
WHEREAS Section 391 of the Municipal Act, 2001, as amended, provides that a
municipality may pass a by-law for imposing fees or charges for services or activities
provided by or done on behalf of it;
AND WHEREAS it is deemed necessary to establish a schedule of user fees;
NOW THEREFORE the Council of The Corporation of the Township of Baldwin enacts
as follows:
1. DEFINITIONS
In this By-law:
a)
"Applicant" means a person who submits a planning application, and in
the case of an application submitted by the authorized agent of the
property owner, it shall include both the property owner and the authorized
agent;
b)
"Application Fee" means a fee payable for a planning application in
accordance with the Tariff of Fees;
c)
"CAO" means the Chief Administrative Officer of the Municipality;
d)
"Council" shall mean the Council of the Corporation of the Township of
Baldwin;
e)
"External Costs" shall mean all costs and expenses paid by or on behalf of
the Municipality to an external agency or service provider, including but
not limited to legal, engineering, planning, surveying, advertising, and
consulting costs and expenses, in connection with a planning application
or its related tribunal appeal.
f)
"Municipality" shall mean the Township of Baldwin;
g)
"Planning Application" means any application for approval made pursuant
to the Planning Act, R.S.O. 1990, Chapter P.13, as amended;
h)
"Related Local Planning Appeal" means an appeal to the Ontario Land
Tribunal in circumstances where the Municipality is required to appear
before the Tribunal in support of a decision by Council to approve a
planning application for the benefit of the applicant; and
i)
"Tariff of Fees" means the tariff of application fees to be charged by the
Municipality in respect of planning applications as set out in Schedule "A"
to this by-law.
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2. TARIFF OF FEES
The Municipality shall charge a non-refundable application fee in accordance with the
Tariff of Fees for processing planning applications.
3. FEE PAYABLE UPON APPLICATION
The applicant shall pay the required application fee in full to the Municipality at the time
of submitting the planning application and the Municipality shall not be required to
process or otherwise consider or review the application until the fee has been paid.
4. EXTERNAL COSTS
In addition to the application fee, the applicant shall pay all external costs incurred by
the Municipality in respect of the planning application.
5. AGREEMENT TO INDEMNIFY
Every planning application shall include an Agreement to indemnify as set out in
Schedule "B" to this by-law that the applicant shall be required to execute and deliver to
the Municipality, failing which the Municipality shall be entitled to treat the application as
being incomplete for the purpose of processing or otherwise considering it.
6. DEPOSIT ON ACCOUNT OF EXTERNAL COSTS
a)
Despite Section 5, if the Municipality determines at any time or times that
it will be required to incur external costs in respect of a planning
application, the Municipality may require as a condition of it processing or
continuing to process the planning application that the applicant deposit
with the Municipality such amount or amounts on account of the
anticipated external costs as estimated by the external sources.
b)
If an applicant fails or refuses to comply with a request by the Municipality
to deposit funds as security for external costs as required by Section 6 a)
of this by-law, the Municipality shall be entitled to cease all work in
connection with the processing of the planning application until the
required deposit has been paid.
7. PARTICIPATION IN LOCAL PLANNING APPEAL TRIBUNAL PROCEEDINGS
If a decision of Council approving a planning application is appealed to the Ontario Land
Tribunal and the Municipality is required, or requested by the applicant, to appear as a
party at the hearing of the appeal in support of its decision, the applicant shall pay any
external costs incurred in connection with the hearing and the provisions of Sections 6a)
and 6b) shall apply with necessary modifications.
8. ENFORCEABILITY OF AGREEMENT TO INDEMNIFY
If an applicant fails to reimburse the Municipality for its external costs when due, the
applicant shall be deemed to be in default of the Agreement to Indemnify and the
Municipality may, in addition to any other remedies available to it by law, recover the
amount owning by action.
9. SEVERABILITY
If any Section, clause, sub-clause, provision, or part of this By-law should be declared
by a court of competent jurisdiction to be invalid, the same shall not affect the validity of
the By-law as a whole, nor any part thereof, other than the part declared invalid.
10. This By-law shall come into force and take effect immediately upon the passing
thereof by Council.
11. THAT By-Law 2014-A003 and all its amendments, and any other By-law or
resolution passed that is inconsistent with this By-law are hereby repealed.
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12. THAT the following Schedules shall set out the applicable fees and form part of this
by-law.
Schedule "A" - Administration
Schedule "B" - Agreement to Indemnify
Schedule "C" - Fire Department
Schedule "D" - Waste Management
Schedule "D" - Land Use Planning
Schedule "E" - Tax Sales
15. THAT this By-law shall be known as the Fees and Charges By-law.
16. THAT from time to time, by means of a resolution the Council may increase or
decrease fees as deemed necessary.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 11TH DAY
OF SEPTEMBER, 2023.
__________________ ______________________
MAYOR CLERK
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SCHEDULE "A"
TO BY-LAW NO. 2023-17
Administrative Fees and Charges
Tax Certificates
$40.00 - upon written/email request
Zoning/Building Conformity
$40.00 - upon written/email request
N.S.F. Cheques
$45.00
Commissioner/Certification Services
$30.00 - non ratepayers only
SCHEDULE "B"
TO BY-LAW NO. 2023-17
AGREEMENT TO INDEMNIFY
The applicant hereby agrees to indemnify and save harmless the Corporation of the
Township of Baldwin ("the Municipality") from all costs and expenses that the
Municipality may incur in connection with the processing of the applicant's application
for approval under the Planning Act.
Without limiting the foregoing, such costs and expenses will include all legal,
engineering, planning, advertising, and consulting fees and charges incurred or payable
by the Municipality to process the application together with all costs and expenses
arising from or incurred in connection with the Municipality being required, or requested
by the applicant, to appear at the hearing of any appeal to the Local Planning Appeal
Tribunal from any decision of the Council or Committee of Adjustments.
The applicant acknowledges and agrees that if any amount owing to the Municipality in
respect of the application is not paid when due, the Municipality will not be required to
process or to continue processing the application, or to appear before the Local
Planning Appeal Tribunal in support of a decision approving the application until the
amount has been paid in full.
The application further acknowledges and agrees that any amount owing by the
applicant to the Municipality is, when due, a debt of the applicant and the Municipality
may, in addition to any other remedies available to it at law, recover the amount owing
together with interest from the applicant by action.
Declared before me at the _______________________________ in the Province of
Ontario this ____ day of _______________________________, 20___
_______________________________ _______________________________
Applicant's Name (Please Print)
Applicant's Signature
___________________________
A Commissioner, etc.
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SCHEDULE "C"
TO BY-LAW NO. 2023-17
Fire Department Fees and Charges
Wildfires - Cost of Suppression
Shall be paid by individuals responsible if it is deemed that they have contravened By-
law 771 being a By-Law to prescribe times for setting fires and precautions.
Fee to be calculated at the rate of $25.00 per firefighter attending the fire call, in
addition to the Ministry of Natural Resource's costs of suppression and/or those from
any other agency.
Vehicle Extrication and Vehicle Fires
Applicable to any Provincial Highway corridor, as per Ministry of Transportation rate
structure.
Cost per fire apparatus:
$500.00 per hour.
SCHEDULE "D"
TO BY-LAW NO. 2023-17
Waste Management Fees and Charges
Hauled Solid Waste Site
$25.00 - per load residential
$50.00 - per load commercial
Garbage Tags
$5.00 per tag
Landfill Cards
$5.00 per replacement card
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SCHEDULE "E"
TO BY-LAW NO. 2023-17
Land Use Planning Fees and Charges
1. The fees shall be paid on the following types of applications in the following amounts:
Type of Service/ Application
Fee
Advertisement
**$200 MINIMUM
Pre-consultation with applicant prior to submission of a Complete
Application
**$500
Official Plan Amendment
**$2,500.00
Zoning By-law Amendment
**$2,000.00
Minor Variance
**$1,000.00
Consent
**$1,800.00
Part Lot Control, Deeming By-Law, Validation of Title
**$1,000.00
Zoning Compliance, Building Permit Review
**Hourly
MDS Calculations
**Hourly
Site Plan Control Application Review and Agreement(s)
**Hourly
Draft Plan of Subdivision Application Review and Agreement(s)
**Hourly
Attendance at meeting and/or travel to meetings, should attendance be
required
**Hourly
Preparation and attendance at Ontario Land Tribunal Hearings
**Hourly
Hourly Rates
Principal in Charge
$250.00
Senior Planner
$187.50
Intermediate Planner
$172.50
Junior Planner
$140.00
GIS Technologist
$167.50
Mileage ($/km)
$0.61
** A 25% administration fee will be added to the above amounts to cover miscellaneous
expenses such as technology, support personnel, telecom, printing, and other
administrative costs. Tasks which are invoiced at hourly rates will be subject to the rates
provided above plus HST. All of the foregoing application fees are non-refundable. In
addition to the application fees above, the applicant shall pay all external costs incurred
by the Municipality in respect of the planning application. All applications are subject to
the terms and conditions of Bylaw No. 2023-17.
Note #1: Applications for zoning bylaw amendment, official plan amendment, consent,
part lot control, deeming, site plan control, plan of subdivision or plan of condominium
require a pre-consultation review to the municipality in advance of application
submission. Pre-consultation is not required, but is strongly encouraged, for minor
variance applications.
SCHEDULE "F"
TO BY-LAW NO. 2023-17
Tax Sale Fees and Charges
1. That the Treasurer and/or his/her designate are duly authorized to recover any
legal fees, agent's fees or other fees incurred through the administration of Part
XI of the Municipal Act 2001, as amended, with respect to Sale of Land for Tax
Arrears.