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Corporation of the Town of Greater Napanee
By-law No. 07-62
A By-law to Establish a Tariff of Fees for the Processing of Applications Made in
Respect of Planning Matters within the Town of Greater Napanee
Originally Passed: December 17, 2007
As Amended By:
By-law Number:
Date Passed:
2020-0046
August 18, 2020
2026-0039
April 14, 2026
Note: This consolidation is provided for convenience purposes only. Every effort is made
to ensure the accuracy of this information, however it is not to be used in place of actual
by-laws. Users should consult the original by-laws for purposes of interpretation and
application.
THE CORPORATION OF THE TOWN OF GREATER NAPANEE
BY-LAW NO. 07-62
A By-law to Establish a Tariff of Fees for the Processing of Applications Made in
Respect of Planning Matters within the Town of Greater Napanee
WHEREAS Section 69(1) of the Planning Act, R.S.O. 1990, c.P.13, as amended (the
"Planning Act") provides that the council of a municipality may, by by-law, establish a
tariff of fees for the processing of applications made in respect of planning matters;
AND WHEREAS Section 69(1) of the Planning Act provides that such tariff shall be
designed to meet only the anticipated costs to the municipality or to a committee of
adjustment or land division committee constituted by the council of the municipality in
respect of the processing of each type of application provided for in the tariff;
AND WHEREAS the cost to the municipality may include both internal administrative
costs and disbursements paid to external agencies and service suppliers;
AND WHEREAS the cost to the municipality may also include costs in connection with
proceedings before the Ontario Municipal Board;
AND WHEREAS the Council of The Corporation of the Town of Greater Napanee
deems it expedient to enact a by-law to establish a tariff of fees for the processing of
planning applications.
NOW THEREFORE the Council of The Corporation of the Town of Greater Napanee
hereby 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 Town of Greater
Napanee and includes the Committee of Adjustment for the Municipality in
respect of those planning applications where the authority of Council has
been delegated to it;
(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 Local Planning Appeal Tribunal (LPAT) appeal;
(f)
"Municipality" shall mean the Town of Greater Napanee;
(g)
"planning application" means any application for approval made pursuant
to the Planning Act;
(h)
"related Local Planning Appeal Tribunal (LPAT) appeal" means an appeal
to the Local Planning Appeal Tribunal (LPAT) 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.
2.
TARIFF OF FEES
The Municipality shall charge an application fee in accordance with the Tariff of
Fees for processing planning applications. Notwithstanding the tariff of fees
prescribed in this by-law, the Council of the Corporation of the Town of Greater
Napanee may, pursuant to Section 69(2) of the Planning Act 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.
3.
FEE PAYABLE UPON APPLICATION
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 additional amounts on account of the anticipated external costs as the
Development Services Department deems advisable. An initial deposit shall be
required as set out in Schedule "A", however the Development Services
Department may waive the requirement to provide the initial deposit at the time of
application.
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
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 additional amounts on account of the anticipated external costs as the
Development Services Department deems advisable. An initial deposit shall be
required as set out in Schedule "A".
7.
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 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 or additional
deposit has been paid.
8.
LOCAL PLANNING APPEAL TRIBUNAL (LPAT) PROCEEDINGS
If a decision of Council approving a planning application is appealed to the Local
Planning Appeal Tribunal (LPAT) 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 6 and 7 shall apply with necessary
modification.
9.
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 at law,
recover the amount owing by action.
10.
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.
11.
REPEAL OF BY-LAW
By-law No. 02-69 is hereby repealed.
12.
EFFECTIVE DATE
This by-law shall come into force and take effect immediately upon the passing
thereof by Council.
Read a first and second time and finally passed this 17th day of December, 2007.
__________________________
Gordon Schermerhorn, Mayor
__________________________
Rebecca Murphy, Clerk
TOWN OF GREATER NAPANEE
Schedule "A" to By-law No. 07-62: Tariff of Planning Fees By-law, as amended by
By-law No. 2020-0046 and further amended by By-law No. 2026-0039
Planning Application Fees
Type of Application
Fee
Payable
Initial
Deposit
Payable
Application to Committee of Adjustment
Minor Variance
$1,000
$0
Severance/Consent (deposit only required if
property is not on municipal services)
$1,500
$1,000
Certificate of Validation
$1,000
$1,500
Application for Zoning By-law Amendment
Zoning By-law Amendment
$2,500
$2,500
Removal of "H" Symbol
$1,000
$1,000
Application for Official Plan Amendment
Official Plan Amendment
$3,000
$1,500
Application for Plan of Subdivision, Condominium or
Conversion of Rental Property to Condominium etc.
Request Draft Plan Approval
20 Units of less
21 Units or more
$4,000
$6,000
$5,000
$10,000
Amend Draft Plan Conditions
$1,000
Request for Final Plan Approval
$2,000
$5,000
Amend Subdivision or Condominium Agreement $1,000.00
$1,500
Extension of Draft Plan Approval
$500.00
Pre-Consultation Meeting
Pre-consultation meeting
$100
Application for Site Plan Control Agreement
Minor Site Plan: Up to 20 multi-family residential
units or commercial/industrial development
totaling up to 465 m2 (5,000 ft2)
$2,000
$2,500
Major Site Plan: Greater than 20 multi-family
residential units or commercial/industrial
development totaling greater than 465 m2
(5,000 ft2)
$4,500
$5,000
Application for Lifting Part-lot Control
$1,000 plus
$100.00/lot
created
$1,500
Application for Foreclosure or Exercise of Power of
Sale
$500
$1,500
All of the foregoing application fees are non-refundable and do not include any external
costs that the Municipality may incur in connection with its review of the application.
Schedule "B" to By-law No. 07-62 (Tariff of
Planning Fees By-law) as amended by
By-law No. 2020-0046
AGREEMENT TO INDEMNIFY
The applicant hereby agrees to indemnify and save harmless The Corporation of the
Town of Greater Napanee ("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 (LPAT) or any court or other administrative tribunal from any decision of the
Council or Committee of Adjustment, as the case may be, in support of a decision
approving the applicant's application.
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 (LPAT) or any court or other administrative tribunal in support
of a decision approving the application until the amount has been paid in full.
The applicant 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.
Dated at
this
day of
, 20
____________________________
______________________________
Witness
Applicant
____________________________
______________________________
Witness
Applicant