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THE CORPORATION OF THE TOWNSHIP OF TERRACE BAY
By-Law No. /& -2019
Being a By-Law to prescribe a tariff of fees for applications made in respect of
Land Use Planning Matters.
WHEREAS, section 69 of the Planning Act, Chapter P.13, R.S.O. 1990, provides
that the Council of a Municipality, by By-Law, may establish a tariff of fees for the
processing of applications made in respect of planning matters;
AND WHEREAS the tariff shall be designed to meet 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 Ace, 2001 permits a Municipality to
pass By-Laws imposing fees or charges for services and activities provided or done
by or on behalf of it and for the use of its property;
AND WHEREAS the Council of the Corporation of the Township of Terrace Bay
is desirous of establishing fees and charges to recover the costs for services
provided by the Corporation;
'
AND WHEREAS the Council of the Corporation of the Township of Terrace Bay
deems it advisable to repeal the current prescribed tariff of fees for the processing
of applications made in respect of planning matters and replace it with updated
fees; .
NOW THEREFORE the Council of the Corporation of the Township of Terrace
Bay
.
ENACTS AS FOLLOWS:
1. , That Schedule "A" attached hereto shall be the fee structure for
applications made in respect of planning matters and forms part of this
. By-Law.
2. ; That reference and fees associated with "Compliance Letter" and "Minor
-. Variance" in "Schedule "("-Building Department of Bylaw 43-2018, Being
a bylaw to Establish 2019 fees for services provided by the Municipality;
·. are hereby repealed.
3. That the Municipal application fee for an Official Plan Amendment, Zoning
By-law Amendment, Minor Variance, Subdivision Approval, or Consent ,
Site Plan Control Agreement, and cost to process requests for Part-Lot
. Control, Deeming By-law, or Validation of Title shall be an amount equal
to the cost incurred by the Township in processing the application or
request. Without limiting the generality of this paragraph, the amount
, incurred by the Municipality shall be deemed to include professional
services retained by the Municipality including planners' fees, engineering
fees, legal fees, registration fees, Local Planning Appeal Tribunal fees and
administration fees for reviewing, evaluating, processing, advertising,
. photocopying, and postage. The deposit is hereby established according
to Schedule "A".
4 . . That a flat rate fee for Zoning Compliance is hereby established according
, to Schedule "A" .
5. That all peer review costs shall be an amount equal to the cost incurred
by the Township in processing the development application. The deposit
is hereby established according to Schedule "A".
6. That the applicant for a planning matter shall submit, at the time of
application, the fee / deposit toward such cost in an amount equal to that
established in Schedule "A" to this By-Law. No application shall be
accepted or processed unless and until the deposit has been paid.
7. That all fees/ deposits shall be applied by the Municipality against the cost
incurred in processing the application. The applicant shall pay the balance
of the cost on receipt of the decision in regard to a planning application.
8. That failure by the applicant to pay the balance of the fee within thirty
(30) days of receipt of a notice from the Municipality shall result in the
unpaid portion of the fee being added to and collected in a like manner as
taxes pursuant to Section 398 of the Municipal Act;, 2001 as amended.
9. That notwithstanding Clause 4, the Municipality may reduce the amount
of or waive the requirement for the payment of the fees / deposits set out
herein, where Council is satisfied that it would be unreasonable to require
payment.
10. That any person required to pay a fee / deposit under the provisions of
this by-law may do so under protest and thereafter appeal to the Local
Planning Appeal Tribunal against the levying of the fee or the amount
thereof by giving written notice of appeal in accordance with the Planning
Act, as amended.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 27TH DAY
OF MAY, 2019.
i€:?f Administrative Officer/Clerk
~
C: Zoning Bylaw Amendment Application Fees
THE CORPORATION OF THE TOWNSHIP OF TERRACE BAY
Schedule "A" to By-law No. _____&
-2019
Tariff of Fees for Planning Matters
The fee for processing the following planning applications shall be an amount
equal to the amount incurred by the Municipality. Costs incurred by the
munieipality or committee of adjustment shall include but not be limited to
planner's fees, engineering fees, legal fees, registration fees, technical peer
review, Local Planning Appeal Tribunal fees, and internal administration fees.
Notwithstanding the above, a deposit toward such fees in the amount shown
hall accomoanv each aool'
· ·
Official Plan Amendment
$2,000 -minor
$3.000 - maior
Zoninq Bv-law Amendment
$1,800
Minor Variance
$900
Plan of Subdivision
$2,500 up to 10 lots
$4,500 up to 20 lots
$6,500 more than 20 lots
Consent
$1,100
Part-Lot Control, Deeming By-law,
$800
Validation of Title
Site Plan Control Agreement
$1,500 - minor
$2,000 - maior
Where supporting technical studies have been submitted for a development
application for processing (i.e. Plan of Subdivision; Plan of Condominium; Official
Plan Amendment; Zoning By-law Amendment; Consent), and where it has been
determined that the Municipality's peer review consultants and/or other
professional advisors are required to review the related studies, the following
deposit shall be required for each Planning Act application:
[ Peer Review
I $1,500 per technical review
The followinq are fixed fees for the services noted:
Zoninq Compliance
I $150