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THE CORPORATION OF THE
TOWNSHIP OF EDWARDSBURGH CARDINAL
BY-LAW NO. 2022-40
"A BY-LAW TO PRESCRIBE A TARIFF OF FEES FOR THE PROCESSING OF
APPLICATIONS MADE IN RESPECT OF PLANNING MATTERS"
, WHEREAS Section 69 of the Planning Act, RSO 1990, permits the Council of the
Municipality to prescribe by by-law, a tariff of fees for the processing of applications
made in respect of planning matters; and
WHEREAS Council deems it desirable to prescribe a tariff of fees that meets the
anticipated cost to the municipality, or to the Committee of Adjustment constituted by
the Council of the Township of Edwardsburgh Cardina!, of applications respecting
planning matters;
NOW THEREFORE the Council of the Corporation of the Township of Edwardsburgh
Cardinal enacts as follows:
1.
This by-law shall be known as the "Township of Edwardsburgh Cardinal Tariff
of Planning Fees By-law".
2.
The following processing fees for individual applications respecting planning
related matters shall apply:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
Application to amend the Official Plan
Application to amend the Zoning By-law
Draft plan of subdivision, pit or quarry license
Consent application
Committee of Adjustment application
Site Plan approval application (amendment or
minor development)
Site Plan approval application (major development)
Issuance of compliance reports
Development Agreement
Telecommunication Tower Land Use Review
$3,000.00
$2,500.00
$5,000.00
$ 500.00
$ 650.00
$1,000.00
$1 ,750.00
$ 100.00
$1,000.00
$ 500.00
3.
Notwithstanding the required fees stated in Section 2, any portion of the fees
not used for the processing of an application or for an Ontario Land Tribunal
hearing may be refunded to the applicant. Where the cost of processing of an
application exceeds the fees stated in Section 2, the municipality may issue an
itemized invoice of those costs, including an administration fee of $500.00,
and the applicant is required to remit the payment. Invoices issued under this
provision will be subject to the municipality's interest and collection policies.
Fees not paid may be added to the tax roll of the subject property in
accordance with Section 398(2) of the Municipal Act, SO 2001 , c.25.
4.
In addition to the fees arising out of Section 2 above, all legal fees associated
with processing any application shall be charged in addition to the applicant
fee.
5.
Notwithstanding the required fees stated in Section 2 and Section 9, Council
or the Committee of Adjustment may reduce or waive an application fee or
Ontario Land Tribunal (OL T) hearing costs where Council or the Committee of
Adjustment is satisfied that it would be unreasonable to require payment in
accordance with the tariff.
6.
Notwithstanding the required fees stated in Section 2 and Section 9, Council
or the Committee of Adjustment may reduce or waive an application fee or
OL T hearing costs for not-for-profit agencies where such agency has provided
a written request.
7.
Any person who is required to pay a fee for the processing of an application as
stated in Section 2 or fees as set out in Section 9 may pay the amount of the
fee under protest and thereafter appeal to the OL T in the manner described in
the Planning Act.
8.
The consent application fee shall be payable to the Township of
Edwardsburgh Cardinal to cover a review by the municipality.
9.
In addition to the fees arising out of Section 2 above, in those situations where
an application respecting a planning matter is referred to the OL T or other
courts, the applicant shall pay to the Township, only if the Township is in
agreement with the application, a fee of $1 ,000.00.
10.
Notwithstanding the planning application fees as herein set out in Section 2, or
Section 9 of this by-law, Council shall require an applicant to enter into an
agreement wherein the estimated costs are anticipated to substantially exceed
those prescribed, such agreement being attached as Schedule "A" and
forming part of this by-law.
11 .
All fees as herein prescribed are due and payable to the Township of
Edwardsburgh Cardinal upon application or as set out by the agreement
pursuant to Section 10.
12.
That bylaw 2019-75 and all other bylaw previously passed that are
inconsistent with the provisions of this bylaw are hereby repealed in their
entirety.
13.
This bylaw shall come into force and take effect on the final passing thereof.
Read a first and second time in open Council this 27 day of June, 2022.
Read a third and final time, passed, signed and sealed in open Council this 27 day of
June, 2022.
}) / Clerk
SCHEDULE 'A' TO BY-LAW 2022-40
REVIEW AND PROCESSING AGREEMENT FOR PLANNING APPLICATIONS
THIS AGREEMENT
MADE IN TRIPLICATE THIS __ DAY OF _______
_
BETWEEN:
Hereinafter called the "Owner"
OF THE FIRST PART
AND:
The Corporation of the Township of Edwardsburgh/Cardinal
Hereinafter called the "Township"
OF THE SECOND PART
WHEREAS the Owner, or the authorized agent, has submitted a planning application
to the Township of Edwardsburgh/Cardinal;
AND WHEREAS in order to undertake the review and processing of such an
application or applications, the Township may be required to engage and retain
surveyors, legal counsel, planning consultants or other professional services;
AND WHEREAS the Owner agrees to reimburse the Township for such expenditures
incurred, including administration staff time and other associated expenses required
to carry out the review and the processing of the application or applications in
question;
NOW THEREFORE THIS AGREEMENT WITNESSETH that, in consideration of the
mutual covenants and conditions hereinafter expressed, the parties hereby agree as
follows:
1.
The Owner shall, notwithstanding whether the said application receives
approval, reimburse the Township an amount equal to all incurred
expenditures for the review and processing of the said application or
applications.
2.
The Owner shall deposit with the Treasurer of the Township the required fee
as specified in By-law 2022-40, known as the Tariff of Planning Fees By-law,
upon execution of the Agreement. The monies deposited shall be applied
against the expenditures incurred by the Township for the review and
processing of planning applications.
3.
The Council of the Township may, by written notification to the Owner within
(30) days of the execution of this Agreement, require that the Owner submit
additional financial security in order to meet the anticipated costs to the
Township. The amount requested , including the form of the financial security
to be provided, shall be determined by the Township upon the
recommendation of their counsel and/or planning consultants.
4.
Where the required deposit pursuant to paragraph 1 of this Agreement does
not cover incurred costs, and where no additional form of security has been
requested within the prescribed period pursuant to paragraph 3 of this
Agreement, the Township shall provide an itemized statement of account with
supporting documentation to date, less the amount of the prescribed fee, and
the Owner shall pay to the Township the amount due within thirty (30) days
from the date of invoice. All past due accounts will be charged interest and
subject to the Township's collection policies.
. . . 2
- 2 -
Schedule "A"
By-law 2022-40
5.
It is further agreed that should the said application be referred to the Local
Planning Appeal Tribunal, the owner will deposit the required fees as set out in
By-law 2022-40. Where additional costs are anticipated or incurred by the
Township, the provisions of paragraph 3 or 4 shall apply.
6.
The Owner may stop the processing of said application at any time by notifying
the Clerk of the Township by registered mail.
7.
Within thirty (30) days of the date of final approval or cessation of the review
process, the Township shall provide an itemized statement of account with
supporting documentation to date, including any financial security utilized, and
shall remit the balance, including any form of financial security on hand.
8.
The Owner hereby agrees to indemnify and save harmless, the Corporation of
the Township of Edwardsburgh/Cardinal, including its officers, of all liability
which may result from the review and the processing of the said application.
9.
This Agreement and everything herein containea shall be binding on the
parties hereto, their respective heirs, executors, administrators, successors
and assigns.
IN WITNESS WHEREOF the Owner has hereunto set his hand and seal, and the
Township has hereunto affixed its corporate seal by the hands of its proper signing
officers authorized in that behalf this ____ day of __________ _
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF
Witness
THE CORPORATION OF THE TOWNSHIP
OF EDWARDSBURGH/CARDINAL
)
) ____________ _
)
)
) ____________ _
)
I have the authority to bind the
Corporation
)
) _ _ _________ _
) Per: Mayor
)
) ___________ _
) Per: Clerk