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By-law 2023-10 - Tariff of Fees - Planning
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BY-LAW NUMBER 2023-10
BEING A BY-LAW TO ESTABLISH A TARIFF OF FEES FOR THE
PROCESSING OF APPLICATIONS MADE IN RESPECT OF PLANNING
MATTERS WITHIN THE TOWNSHIP OF NAIRN AND HYMAN
WHEREAS Section 69(1) of the Planning Act, R. S. O. 1990, Chapter P.13 provides
that the Council of a municipality, by by-law, establish a tariff of fees for the processing
of applications made in respect of planning matters, which tariff shall be designed to
meet only the anticipated cost 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 Section 391 of the Municipal Act 2001, S.O. 2001 , as amended,
provides for a municipality to pass by-laws imposing fees or charges on persons for
services and activities provided or done by or on behalf of it, for cost payable by it for
services or activities provided or done by or on behalf of any other municipality or local
board, and for the use of its property including property under its control.
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 Land Tribunal;
AND WHEREAS the Council of the Corporation of the Township of Nairn and Hyman
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 Township of Nairn and Hyman
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 Township of Nairn
and Hyman;
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
By-law 2023-10 - Tariff of Fees - Planning
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Tribunal appeal;
f) "Municipality" shall mean the Township of Nairn and Hyman;
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.
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.
By-law 2023-10 - Tariff of Fees - Planning
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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. Schedule "A" hereto and forming part of this by-law is enacted as a Tariff of Fees
payable for the processing of applications made in respect of Planning Matters
by the Corporation of the Township of Nairn and Hyman.
11. Schedule "B" hereto and forming part of this by-law is enacted as an Agreement
to Indemnify.
12. This By-law shall come into force and take effect immediately upon the passing
thereof by Council.
13. That By-law No. 2018-38 is hereby repealed.
Read a first and second time this 13th day of March, 2023.
Read a third time and passed in open Council this 13th day of March, 2023.
(signature on original)
_________________________________________
Mayor
(signature on original)
_________________________________________
Clerk
By-law 2023-10 - Tariff of Fees - Planning
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SCHEDULE "A"
TO
BY-LAW NUMBER 2023-10
Tariff of Fees for Planning Matters
FEES PAYABLE
Type of Service/Application
Type of
Fee
Fee
On-call Services*
Lump Sum
$2,500 annually
Mandatory pre-consultation with applicant prior to
submission of a Complete Application (please see
Note #1)
Lump Sum
**$500
Offical Plan Amendment
Lump Sum
**$2,500
Zoning By-law Amendment
Lump Sum
**$2,000
Minor Variance
Lump Sum
**$1,000
Consent
Lump Sum
**$1,800
Part Lot Control, Deeming By-law, Validation of Title
Lump Sum
**$1,000
Zoning Compliance, Building Permit Review
Hourly
**At rates listed
below
MDS Calculations
Hourly
**At rates listed
below
Site Plan Control application Review and Agreement
Hourly
**At rates listed
below
Draft Plan of Subdivision/Condominium Application
Review and Agreement(s)
Hourly
**At rates listed
below
Attendance at Meetings and/or travel to meetings
from our Sudbury office, should virtual or in-person
attendance be required
Hourly
**At rates listed
below
Preparation and attendance at Ontario Land Tribunal
Hearings
Hourly
**At rates listed
below
*This service will typically be provided by phone or email. A response requiring a formal
memorandum, letter, report, or deliverable of similar nature will be subject to our hourly
rates.
** A 7% 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 in Sections 1 to 13 of Bylaw No. 2023-10.
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
By-law 2023-10 - Tariff of Fees - Planning
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preconsultation review to the municipality in advance of application submission.
Preconsultation is not required, but is strongly encouraged, for minor variance
applications.
Hourly Rates
Principle in Charge
$250.00 per hour
Senior Planner
$187.50 per hour
Intermediate Planner
$172.50 per hour
Junior Planner
$140.00 per hour (average rate)
GIS Technologist
$167.50 per hour
Mileage ($/km)
$0.61
As noted above, tasks which are invoiced at hourly rates will be subject to the rates
provided above plus HST.
By-law 2023-10 - Tariff of Fees - Planning
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TOWNSHIP OF NAIRN AND HYMAN
SCHEDULE "B"
TO
BY-LAW NUMBER 2023-10
AGREEMENT TO INDEMNIFY
The applicant hereby agrees to indemnify and save harmless the Corporation of the
Township of Nairn and Hyman ("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.