HomeMy WebLinkAboutPSD-117-10~at"1iC1~01I
Leading the Way
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: December 13, 2010 Resolution #: ~Pff-6/o-/ogy_law #: 0~0/~-/ ya
Report #: PSD-117-10 File #: PLN 20.5
Subject: AMENDMENT TO FEES BY-LAW RELATED TO
PLANNING AND DEVELOPMENT APPLICATIONS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-117-10 be received; and
2. THAT the attached By-law being a By-law to require the payment of fees for information
and services provided by the Municipality of Clarington be approved.
Submitted by:
David tome, MCIP, RPP
Director of Planning Services
BR/CP/df
7 December 2010
Reviewed by: ~-' "`-~ ~
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-117-10 PAGE 2
1.0 BACKGROUND
1.1 Section 69 of the Planning Act allows the Municipality to pass a By-law to set out
the Fee Schedule for development applications to offset the "anticipated costs" to
the Municipality for processing applications. The addition of in-house legal
counsel requires some adjustments to the Application Fees By-law as it relates to
fees typically collected for legal services associated with Planning applications.
Some other Application Fees Costs related to Planning Act applications have
been re-evaluated, particularly in light of current economic challenges. Revisions
at this time to the Application Fees By-law are not intended to be comprehensive.
Instead, they are refinements for the Municipality's new legal services
arrangement and minor revisions to some of the Planning application fees.
1.2 Amore significant review of the Planning fees contained in the Fees By-law was
completed and approved by Council on December 14, 2009. Revisions to the
Fee By-law came into effect January 1, 2010 with a further revision approved to
come into effect January 1, 2011. The amendments of late last year included a
3% increase "across the board" for 2010, and a 3.25% increase "across the
board", for 2011. The recommendations approved in 2009, included increases to
fees for: Neighbourhood Design Plans, Official Plan Amendments, Removals of
Part Lot Control and Sign By-law Applications. New fees were added for Official
Plan Amendments related to Aggregate Extraction Proposals,
Telecommunication Tower, Wind Turbine, Solar Installation, and Biogas
Proposals. Fees for consultants or legal representation to defend a Council
position approving an application and appealed by a third party, were clearly
identified as the applicant's responsibility.
1.3 In June 2010, the Planning fees within the Fees By-law were further amended.
The amendment deleted a requirement fora 'review fee', payable to Clarington,
on applications within adjacent municipalities circulated to Clarington for
comment.
2.0 REVISIONS TO FEES AND NEW FEES
2.1 The Municipal Solicitor has reviewed the current fees related to the preparation
of Subdivision Agreements and Amendments; Site Plan Agreements and
Amendments; Consent or Land Division Agreements and Development Servicing
Agreements and has recommended some revisions to the existing fees as
follows:
2.2 Changes to Fees for Legal Agreements and Other Legal Services
2.2.1 The fee for preparation of both Subdivision Agreement and Condominium
Agreement is proposed to decrease marginally from the approved 2011 rate of
$3,500.74 to $3,390.00. A similar decrease for subdivision agreement
amendments and condominium agreement amendments from $720.94 to
$678.00 is proposed. Both will have a modified explanatory (note 5) explaining
registration costs.
REPORT NO.: PSD-117-10
PAGE 3
2.2.2 The fee for preparation of Site Plan Agreements and Agreement Amendments is
recommended to increase slightly from the approved 2011 rate of $420.36 to
$452.00, also with the modified explanatory (note 5) explaining registration costs.
2.2.3 The fee for preparation of Land Division (Consent) Agreements has been slightly
increased from the approved 2011 rate of $421.49 to $452.00, again with the
modified explanatory (note 5) explaining registration costs.
2.2.4 The fee for preparing DevelopmenUServicing Agreements has been changed
from the fixed 2011 rate of $420.36 to a varying rate, with a modified explanatory
(note 5) explaining registration costs and an additional explanatory (note 9)
providing an hourly rate. The hourly rate for the Municipal Solicitor, as identified
in 'note 9', will be $175.00. This is the rate equal to the Regional Legal
Department rate for the Durham Municipal Insurance Pool.
2.2.5 Anew service and fee is proposed being a Notarial Fee by Municipal Solicitor, at
the rate of $22.60.
2.2.6 A variable fee has also been introduced to cover any agreements dealing with
real property transactions related to Planning Act applications. This new fee will
also be subject to notes 5 and 9.
2.3 Maior and Minor Zoning By-law Amendment Applications
2.3.1 The Fee By-law currently makes a distinction between minor ($2,403.51) and
major ($6008.21) rezoning applications. Major Zoning By-law Amendment
applications are defined as those applications which satisfy one or more of the
following criteria:
i) Associated with an Official Plan Amendment;
ii) Associated with an application for proposed Plan of Subdivision;
iii) Application involving multiple properties; and/or
iv) Any application that requires the review of technical support documents or
studies (e.g. environmental analyses, transportation studies, retail market
studies).
2.3.2 As identified in the fee report considered by Council last December, Ajax is the
only other lakefront area municipality in Durham Region, providing a distinction
for major and minor rezoning fees. These same lakefront municipalities all have
a minimum fee for rezoning applications of $5000 or greater. Staff reviewed the
current definition of a "major zoning by-law amendment", to ensure it provides an
appropriate distinction. A distinction in the scale of a rezoning application has
been done by a number of municipalities across southern Ontario. However,
staff believe that many of the criteria employed by other municipalities are more
arbitrary and do not provide better criteria than those currently provided.
REPORT NO.: PSD-117-10
PAGE 4
2.3.3 It has been Council and the .Municipality's goal to increase industrial and
commercial development in Clarington. Although Clarington's planning
application fees are consistent with or less than the average of the other Durham
Region local area municipalities, an amendment to the definition of major
rezoning application could identify all commercial and industrial rezoning
applications, not associated with an official plan amendment, as being minor.
This would provide some savings to commercial and industrial applicants
requiring a rezoning that involves multiple properties or the review of studies in
support of the application.
2.4 Application Costs Per Residential Unit Compounded
2.4.1
2.4.2 The details of the multiple density blocks are reviewed through the application for
Site Plan approval. As a result should an application for Draft Plan of
Condominium be submitted in tandem with the site plan the majority of the issues
have previously been considered and staff time is reduced on said file.
Therefore, staff recommends the addition of a note in the relevant part of the
Fees Schedule that further explains that where Residential and Non-Residential
Draft Plans of Condominium Applications are submitted for a proposal that has
received site plan approval within the last 24 months, the base fee only is
applicable. The $27.00 per unit charge will not be collected.
3.0 UPDATE TO FEES BY-LAW
3.1 The Fees By-law 96-032 was originally passed in 1996. It has been amended
over 20 times. The by-law attached to this report repeals By-law 96-032 and all
amendments to it. This is being done for administrative purposes. The new by-
lawwas prepared in consultation with the Municipal Clerks Department and the
Municipal Solicitor
3.2 None of the fees or services on Schedules "B" through "F" of the new by-law are
new fees. The Schedules simply consolidate fees previously approved by
Council. Sections 2 through 5 of the new by-law are housekeeping amendments
that do not change any existing fees.
Condominium tenure is becoming a popular means for development of multiple
residential development blocks. Depending on the type of condominium, two or
more Planning Act applications may be required prior to the residential units
being legally allowed to be sold. The typical application and fees are as follows:
REPORT NO.: PSD-117-10
4.0 CONCLUSION
PAGE 5
4.1 It is respectfully recommended that Fee By-law be further amended as contained
in the By-law Amendment attached hereto, being Attachment 1.
Staff Contact: Bob Russell
Attachment:
Attachment 1 -Fee By-law
Interested parties to be notified of Council's decision:
BILD Durham
Attachment 1
To Report PSD-117-10
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010 -
being a by-law to require the payment of fees for services
WHEREAS Subsection 69(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended, provides
that by-laws may be passed by the council of a municipality to establish a tariff of fees for the
processing of applications made in respect of planning matters; and
WHEREAS Subsection 391(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
authorizes a municipality to impose fees or charges for services or activities provided or done by
or on behalf of it.
NOW THEREFORE BE IT RESOLVED that the Council of The Corporation of the Municipality
of Clarington enacts as follows:
Commencing January 1, 2011, the fees for services provided liy the Municipality shall be
as set out in the following Schedules to this By-law:
Schedule "A" -Planning Services and Legal Services Departments
Schedule "B" -Emergency and Fire Services Department
Schedule "C" -Chief Building Official
Schedule "D" -Municipal Clerk's Department
Schedule "E" -Financial Services Department
Schedule "F" -General Fees
2. Section 4.1 of By-law 89-175 is deleted and replaced with:
"The fee for obtaining a license or renewal of a license shall be as set out in the
prevailing Fee By-law."
3. Section 3.4 of By-law 97-77 is deleted and replaced with:
"the current non-refundable application fee will be paid upon submission of an application
for registration. The current registration fee will be paid upon issuance of the certificate
of registration for the Apartment-in-House."
4. Paragraph 3 of By-law 2004-253' is deleted.
5. That the following by-laws be repealed:
a. By-law 74-37, as amended;
b. By-laws 96-032, as amended;
c. By-law 97-3; and
d. By-law 2009-162, as amended.
6. Short Title: This by-law may be cited as the "fee By-law".
BY-LAW read a first, second and third time and finally passed this 20r" day of December 2010
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
sr-LAwzolo-
SCHEDULE"A"
PLANNING SERVICES !LEGAL SERVICES DEPARTMENTS
FEE SCHEDULE 2011
TYPE OF APPLICATION PRICE 13% HST TOTAL
Offibial Pizn Amendment (note 7) _ _` ~
" "?
._-!~ `~ .x;; _
Minor Application $5,163.00 $67119 $5834.19
Major Application (note t) $72,390.00 $1,670.70 $14,000.70
Aggregate Pit or Quany $25,813.00 $3,355.69 $29,168.69
Adoption ofAmendment $2,127.00 $276.51 $2,403.57
Regional Offcial Plan Amentlment Review $1,276.00 $165.88 $1,44186
ROPA Review not part of a local OPA $2,127.00 $276.57 $2,403.51
Neighbourhood Design Plan $15,466.00 $2,013.44 $17,501.44
Neighbourhood Design Plan Amendment($3,190+Fadlity Rental) VARIES 13%HST TOTAL
Zoning By-law Amendment"(note 7) ' =T
~~~
-~ ~~r
Major (note 3) $5,317.00 $691 27 $6 008.21
Minor $2,127.00 $276.57 $2,403.51
Removal of (H) Holding Symbol $2,127.00 $276.51 $2,403.51
Removal of Environmental Holding Symbol (Zoning By-law 2005-109)
Drak~PlSn of Subdivisions{bore 7~F t '. ~,- -( ;, -_ r ,
~, n.-: z . ,u :: ~ $505.00
.,. ~ „
.:. $85.65
. „'x
~ a $570.65
s„ ~- :~.,;:_
...~a
Resitlentlal ($10,635+$266lunit, ($54 for apartrnent und)) VARIES 13%HST TOTAL
Non-Residential $5,317.00 $691.21 $6,008.21
Preparation of Subdivision Agreement (note 5) $3,000.00 $390.00 $3,39000
Preparation of Subdivision Agreement Amendment (note 5) $600.00 $78.00 $678.00
Plans for approval only (no agreement) $957.00
Red tine Renslans-to'Oraft'Approval Plan afSubtlivisiun (note 7( ~*.' ar ~€
pAajor ($7,976+$266 additional/unit ($54/apartment)) ~ VARIES $124.41
~a~~
13%HST $1,081.41
;re,',r~a !~;
TOTAL
Minor $2,127+$266 additionaUunit ($54la artment) (note6 VARIES
Major Revig~,idn4 to $ubdi~i'sion Applicatidns Not OrakApproved (note7) "f ,,ran '7 4 13%HST
''.,xr„'~3' ~ TOTAL
K_,;a*~^ :t'»„
Where original application was filed prior to July1, 2000 ($10,635 +$266/unil ($54/apartment)) VARIES 13 % HST TOTAL
Where original application was filed between July 1, 2000 to Dec. 31, 2006 ($5,317 + $266! unit
($54lapartment) VARIES 13%HST TOTAL
Where original application was filed after December 31, 2006 $5,317.00 $691.21 $6,008.21
Subdivision Clearance $2,127.00 N/A $2,12200
Extension of Drafl Plan Approval $2,127.00 $276.57 $2,4113.51
Omft Plan afCondominluni note 7 ~ ~ - ~
n ~~"= + ^
y ° _~' -
ra'
~
Residential and Non-Residential ($5,317 + $27 /unit) (note 10) VARIES 13% HST TOTAL
Iication far Condominium Conversions $5,317+$27 /unit (note 10) VARIES 13%HST TOTAL
Pre oration of Condominium A reement (note 5) $3,000.00 $390.00 $3,390.00
Pre oration of Contlominium A reement Amentlment (note 5 $600.00 $78.00 $678.00
Condominium Clearance $7,595.00 N!A $1,595.00
Part LOt Contra! note7=r`:., r "-'~i• '; s`_ ' "t" '"~`~~'7
~~ ~°"`' i'"-"
~~
($774+$52/unit (maximum $8,260)) VARIES 13% HST TOTAL
Site Plan Approval! Amentlment (note 7) i~. ,~.~ w-
~_
~
X a.R
, t
Telecommunications Towers 55,160:00 $G7Q80 $5,830.80
Residential Use($3,190+$207/unit) VARIES 13%HST TOTAL
Commercial Use ($3,190+$27/100m2 commercial gross Floor area) VARIES 73%HST TOTAL
Mixed Use Building ($3,190 + $27l100m2 commercal gross Floor area+$5q/residential unit
(maximum $15,952)) VARIES 13% HST TOTAL
Industrial /Other Uses (($1,291 +$71/100m2 gross floor area (maximum $7,976)) VARIES 73%HST TOTAL
Plans far approval Only (no agreement) $957.00 $124.41 $1,081.41
Amendment-Residential Use($638 +$27/uNt (maximum $5,317)) VARIES 13%HST TOTAL
Amendment-Commercial Use ($1,595+$27/100m2 commerdalgross FlOOr area(maximum
$15,352)) VARIES 1300/<HST TOTAL
Amendment-Mixed Use ($1,595+$27A OOm2 commercialgross floor area+$27/residential unit
mazimum $15,952 VARIES 13%HST TOTAL
Amentlment-Industrial! Other USe ($638+$11/1ppm2 gross floor area (maximum $6,387)) VARIES 13%HST TOTAL
Minor Site Plan /Oak Ridges Moraine (note 2) $532.00 $69.16 $601.16
Sales Trailer /Model Home $1,063.00 $138.19 $1,201.19
Preparation of Section 4t Agreement (note 5) ~ $400.00 $52.00 $452.00
Preparelion of Section 41 Agreement Amendment (note 5) $400.00 $52.00 $452.00
Landscape Inspection Fee -for projects with greater than 2500 sq. m. of floor area, or 25 units or
greater (0.5% of the landscape cost estimate witn a minimum of $1,000)
VARIES
t3%HST
TOTAL
ev41.w zolo -
SCHEDULE"A"
PLANNING SERVICES (LEGAL SERVICES DEPARTMENTS
FEE SCHEDULE 2011
NPE OF APPLICATION PRICE 1366 HST TOTAL
CommiNee o(AtlJus(inen~Qnote 7y.° - `. ;'~ , ~ ~,,.
~ y ,?`~'x.'T` ?-~i~, r-, +„
~
Minor Vadance Application (note 4) $452.00 $58.76 $510.76
Tabling Fee (applicant initiated) $106.00 $13.78 $119.76
Re-circulation (applicant initiatetl) $106.00 $13.78 $119.78
Sign Permit y' ~
~ ~. ;. ~'~ r e1.~'r'' Se ~ t
Permanent $155.00 NfA $150.00
Temporary $77.00 NfA $77.00
Sign By?-lain a"Sa _ ~ ~ A°r
f +~ ;'-'F ~~,t~~ G~
~ ~."n`... ]wvM .cat
Amendment -$1,033.00 $134.29 $1,167.29
A"parfinent lll,HOUSe,rfi ,t.,: =. ~ .: + ~: ?: ...~ , - ~•_ r a.
._ , ., "<",._ 1~ ~':- 7, .-:` ~.
..y„. • ., ,_
Application $53.00 $6.69 $59.89
Certificate $53.00 NfA $53.00
RentalProfecdon Act $1,100.00 $143.00 ,$1,243.00
,,
4 ,,
Clearance Letfer x ':~a
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..:, ~.4.,. ~xvsgt, i+"` ..s
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za
Zoning $712.00 ~ N/A $112.00
Subdivision $112.00 - NIA $112.00
Miscellaneous (inducting outstanding work orders 8 building campliance) $112.00 N(A $112.00
Lana Drvislon ~ -e ~ . - k`,'~_
•-'~' ^t',r, ,`E br `;rt_:`~ =°`:<
Review Fee $304:00 $39.52 $343.52
Preparation of Section 53 Agreement (note 5) $400.00 $52.00 $452.00
Peer Review (A,oplignt responsible for 700% Munidpaldy's full costs of undertaking a Peer Review) VARIES
Comments an Applications Under the Green Energy Act $5,160.00 $670.60 $5,830.80
Street Name Change Request $1,595.00 $207.35 $1,802.35
Application Requiring An OpenHouse or Atlditional Public Meegng -additional fee for eaU
subse uent ublic meelin $1063+Facili Rental
Applicatlon Requiring Additional Public Meetlng -additional fee for each subsequent public meeting
where notice is provided through the local newspaper ($1,595+Facildy Rentaq VARIES
VARIES 13% HST
13% HST TOTAL
TOTAL
Application Involving Review Under EPA and/or EAA Process (additional fee) $12,000.00 $1,560.00 $13,560.00
Ontario Municipal Board Relaletl Administration Fee (note 8) VARIES
Preparation of Development/ Servidng Agreement (note 5 and note 9) VARIES 13% HST TOTAL
Noladal Fee B Municipal Solicitor $20.00 $2.60 $22.60
Commissioners Fee a Munid al Staff
Pubficagonsz, ~ - '~^ $20.00
_1:^t „; $2.60
13,X~FiST",,,
_ $22.60
~T?^~" ~"
Smail Maps $439 $0.57 $496
Large Maps $13.16 $1.71 $14.87
Aerial Photography (colour) $4.39 $0.57 $4.96
Official Plan Colour Map - $263 $034 $2 97
Clarington O~dal Plan $70.75 $9.20 $79.95
Clarin on Zonin a -law $70.75 $9.20 $79.95
Clarington Street Namelndex CD Fomnat $15.00 $1.95 $16.95
Stutlies: Under 40 a es $12.00 $1.56 $13.56
40 - 700 es $24.00 $3.72 $27.12
100 - 200 pa es $40.00 $5.20 $45.20
Real Property Transactions
For the preparation of any agreements relating to real property trensadions not otherwise spedfcally atltlressed in this Fee Schetlule; land transfers
(e.g. right-o(-ways, encroachments, leases and licenced, easements) the person requiring the agreement shall be required to pay fees and
disbursements in accordance with notes 5 and 9 below.
The following are criteria for determining what constitutes a Major Offdal Plan Amendment application'
-New golf courses or expansion to existing golf wurses;
-New waste facility or expansion to existing waste facility;
- Expansion to urban bcuntlary or re-tlesignation of Future Urban Resitlential lantls;
- Hamlet expansion where a settlement tapadty study is requiretl;
- Commercial Development greater than 2,500 m';
- Deletion or addition of arterial or collector road; and/or
-Any application that due to the broader policy implications for the Municipality woultl require the need to review or manage stutlies,
or any application tleemetl to be major by the Director of Planning Services.
BY-LAW 2010 -
SCHEDULE'A"
PLANNING SERVICES! LEGAL SERVICES DEPARTMENTS
FEE SCHEDULE 20tt
Note 2
-The following are cdteda far tleternining what wnsfilutes a Minor Site Plan application'
- A residential or agrialtural site plan in the Oak Ridges Moraine as required by the Official Plan and Zoning By-law 20D5-109;
-A tlog kennel, agricultural tourism use, and similarly-scaled uses; andlor
-A minor alteration to an existing sde plan to revise parking, add a patio, add astorage building, revise signage, adtl or delete
portables, etc
Note 3
-The following are criteria for determining what constflufes a mayor Zoning By-law Amendment application:
-Associated with an Official Plan Amendment
-Associafetl with an application for proposed Plan of Subtlivision;
-Application involving multiple properties, except for commercial antl industrial related applications; andlor
-Any application that requires the review of technical support documents or studies (e.g. environmental analyses, transportation
stutlies, retail market studies), except for commercial antl industrial related applications
Note 4
Minor Variance applicaticns for the construction or placement of an accessibility device to provide access to a singleEetached!
link or townhouse dwelling is exempt from the fee. An "accessibility device" is definetl as a device incuding a temp that aitls
persons with physical disabilities in gaining access to a dwelling unit
Note i
Agreement preparation fee does not incude the cost of registering the agreement and all related documents (e.g. Transfers, Postponements, or
Initial registration $250.00 plus $32.50 HST, plus disbursements.
All subsequent registrations $125.00 plus $16.25 HST, plus disbursements. ApplicaMS must provide the Munippality (Legal Services) with all
such costs prior to registration.
Note 6
The following are criteria for determining what constitutes a minor application for red-line revision to Drag Approval:
- Does not require dreulation to outside agencies
Nofi 7
Fees for all Planning applications submittetl by a registeretl charitable organizaton or for a registered nonyrofit housing
organization will be reduced by 50%.
Note 8
In addition to the fees set out for Planning AIX Applications, the total fees payable shall include all fees assouated with suDDOrting an applicant at
any hearing where the application was approved by Municipal Coundl including legal fees antl consultanVwitness fees where required, but
excluding the costs of the Planning Department staff.
Note 9
For the prepaation of any developmentlservicing agreement other than a subdivision agreement, Section 41 agreement or a Section 53
agreement, the applicant is required to reimburse the Municipality for its legal vests. If the legal work is undertaken by the Municipal Solicitor, it will
be charged at the rate of $775/hour. If the legal work is undertaken by other legal counsel, it will be cnarged at that legal counsel's hourly rate.
The minimum fee for any such agreement shall be $400.00 plus $52.00 HST.
Note 10
The base fee only shall be applicable to any application for DaR Plan of Contlominium for a parcel of lantl which was previously subject to a Site
Plan application approved wdhin the previous 24 months of [rte submission of a Drak Plan of Condominium.
Psi-i~ ~-~~
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW N0.2010 -
being a by-law to require the payment of fees for services
WHEREAS Subsection 69(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended, provides
that by-laws may be passed by the council of a municipality to establish a tariff of fees for the
processing of applications made in respect of planning matters; and
WHEREAS Subsection 391(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
authorizes a municipality to impose fees or charges for services or activities provided or done by
or on behalf of it.
NOW THEREFORE BE IT RESOLVED that the Council of The Corporation of the Municipality
of Clarington enacts as follows:
Commencing January 1, 2011, the fees for services provided by the Municipality shall be
as set out in the following Schedules to this By-law:
Schedule "A" -Planning Services and Legal Services Departments
Schedule "B" -Emergency and Fire Services Department
Schedule "C" -Chief Building Official
Schedule "D" -Municipal Clerk's Department
Schedule "E" -Financial Services Department
Schedule "F" -General Fees
2. Section 4.1 of By-law 89-175 is deleted and replaced with:
"The fee for obtaining a license or renewal of a license shall be as set out in the
prevailing Fee By-law."
3. Section 3.4 of By-law 97-77 is deleted and replaced with:
"the current non-refundable application fee will be paid upon submission of an application
for registration. The current registration fee will be paid upon issuance of the certificate
of registration for the Apartment-in-House."
4. Paragraph 3 of By-law 2004-253 is deleted.
5. That the following by-laws be repealed:
a. By-law 74-37, as amended;
b. By-laws 96-032, as amended;
c. By-law 97-3; and
d. By-law 2009-162, as amended.
6. Short Title: This by-law may be cited as the "Fee By-law".
BY-LAW read a first, second and third time and fnally passed this 20'h day of December 2010
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk
BY-LAW 2010 -
SCHEDULE"A"
PLANNING SERVICES! LEGAL SERVICES DEPARTMENTS
FEE SCHEDULE 2011
TYPE OF APPLICATION - PRICE 13% HST TOTAL
OHidal Plan'Amendment (note 7J _ ,k-~, `,i? §.a .t ,~'~.?
Minor Application $5,163.00 $67719 $5,834.19
Major Application (note l) $12,390.00 $1,610.70 $14,000.70
Aggregate Pit or Quarry $25,813.00 $3,355.69 $29,168.69
Adoption of Amendment $2,127.00 $276.51 $2,403.51
Regional Offpal Plan Amendment Review $1,276.00 $765.88 $1,441.88
ROPA Review not part of a local OPA $2,127.00 $276.51 $2,403.51
Neighbeumood Design Plan $15,488.00 $2,013.44 $17,501.44
Neighbourhood Design Plan Amendment($3,190+FaGlity Rentap. VARIES 13%HST TOTAL
Zoning By-IawAmendment (note 7J "' ~"
Major (note 3) 55,317.00 $691.21 $6,008.21
Minor ~ ~ 52,127.00 $276.51 $2,403.51
Removal of (H) Holding Symbol - $2,127.00 $276.51 52,403.51
Removal of Environmental Holding Symbol (Zoning By-law 2005709) $505.00 $65.65 $570.65
DraNPlah:of5abdivision (note 7) )
~-
r< '.
u w Ca
Residential ($10,635+$266/unit. ($54 for apartment unit)) VARIES 13% HST TOTAL
Non-Resitlential ~ $5,317.00 $691.21 $6,008.21
Preparation of Subdivision Agreement (note 5) $3,000.00 $390.00 $3,390.00
Preparation of Subdivision Agreement Amendment (note 5) $600.00 578.00 $678.00
Plans (or approval only (no agreement) $957.00 5724.41 81,081.41
Red Line Revisipnsto Draft Approval Planof Subdivision (note 7): v.,t ~, s "' r
y
Major ($7,976+$266 additionaVunB ($54lapartment)) VARIES 73%HST TOTAL
Minor ($2,127+$266 additional/unit ($54lapartmenl note6 VARIES 13%HST TOTAL
Major. Revisions td:Suhdivisioh Applicadona Not Draft"Approved (note 7) :~. ~ ~+ ~~ {'.
Where original application was Pied prior to Julyt, 2000 ($10,635 +8266/unit ($54/ apartment)) VARIES 13 % HST TOTAL
Where original application was fled between July 1, 200010 Dec. 31, 2006 ($5,317 +$26fi /unit
($54/apartment) VARIES 13% HST TOTAL
Where original application was filed after December 31, 2006 55,317.00 $691.21 56,1708.21
Subdivision Clearance $2,127.00 N/A 52,127.00
Extension of Drefl Plan Approval $2,127.00 $276.51 $2,403.51
Graft ~plzn of Condominium note 7 „ ^tpsM _ ,~
Residential antl Non-Residential ($5,317+$27 /unit) (note 10) VARIES 13% HST TDTAL
A licetian for Condominium Conversions $5,317+527/unit note 70 VARIES 13%HST TOTAL
Pre oration of Condominium A reement (note 5 $3,000.00 $390.00 $3,390.00
Pre oration of Condominium A reement Amendment (note 5 $6(70.00 $78.00 $678.00
Condominium Clearance $1,595.00 N/A $1,595.00
Part Lat Control note:? ~''' ~°+ ,,.<r,^r~ y~`~, ~.-~~'.t'r
($77q+$52/unit (maximum $8,260)) VARIES 13% HST TOTAL
Site Plan Approval! Amendment (note 7) ' y..Jµ '+~ - :..ze <'-- +~ 'tr
Telecammunicetions Towers $5,160.00 $670.60 $5,830.80
Residential Use($3,190+$2071 unit) VARIES 13%HST TOTAL
Commerdal Use ($3,190 + $27l100m2 commercial gross floor area) VARIES 13%HST TOTAL
Mixed Use Building ($3,190+$27/100m2 commercial gross floor area + $54/residential unit
(maximum $15,952)) VARIES 13%HST TOTAL
Industrial l Other Uses (($1,291 +$11/t00m2 gross floor area (maximum $7,976)) VARIES 13%HST TOTAL
Plans for approval-only (nc agreement) $957.00 $124.41 $1,081.41
Amendment-Resitlential Use($638+$27/unit (maximum $5,317)) - VARIES 13%HST TOTAL
Amendment -Commercial Use (81,595 + $27/100m2 commercial gross floor area (maximum
$15,952)) VARIES 13%HST TOTAL
Amendment-Mixed Use ($1,595+$27l100m2 commercial gross Boor area +$27lresidential unit
maximum $15,952 VARIES 73%HST TOTAL
Amendment-IrWUSidallOther Use ($638+$77/100m2 gross Boor area (maximum $6,381)) VARIES 13%HST TOTAL
Minor Site Plan /Oak Ridges Moraine (note 2) $532.00 $69.16 $601.16
Sales Trailed Model Home $1,063.00 $138.19 $1,201.19
Preparation of Section 41 Agreement (note 5) $400.00 $52.00 $452.00
Preparation of Section 41 Agreement Amendment (note 5) $400.00 552.00 $452.00
Landscape Inspection Fee -for projects vnih greater than 2500 sq. m. of floor area; or 25 units or
greater (0.5%oF the lantlscape cost estimate with a minimum of $1,000)
VARIES
13%HST
TOTAL
BV-LAW 2010 -
SCHEDULE"A"
PLANNING SERVICES! LEGAL SERVICES DEPARTMENTS
FEE SCHEDULE 2011
TYPE OF APPLICATION PRICE 13 % HST TOTAL
Commltteebf Ad dstment. note 7).. - '` ~_'
1 ( r-"`~., r"
,
~ ~~
Minor Variance Application (note 4) $452.00 $58.76 $510.76
Tabling Fee (applicant initia[etl) $106.00 $13.78 - $119.78
Re-circulation (applicant initiated) $106.00 $13.76 $119.78
SighPermit "... frp ~, :." r. ,,~ N p ST•sd. .42t=1 :::
Permanent $155.00 WA $150.00
TemPOrary $77.00 NfA $77.00
519n'BY"law ., .`x't ~.wc~^.~uw tt~^,h;r
e rc u
Amendment ~
$1,033.00 5134.29 $116729
A'srtment In House. e~.` ; c^' • "' :'
P ,.1<a ~ ~ p "'.`
....sw.a x
APPlicafion $53.00 $6.89 $59.89
Cenifcate $53.00 N/A $53.00
Rental Protection Acl $1,100.00 $143.00 .$7,243.00
CIeS[arce Letter , tnt T ~ s + ~'~
Zoning $112.00 N/A $172.00
Subdivision $112.00 - N/A -$172.00
Miscellaneous (including outstanding work orders 8 huilding compliance) $112.00 N!A $112.00
Lantl Division Fyn nsty. ,,g'z~+ t~re qa •- s
Review Fee $304:00 $39.52 $343 52
Preparation of Section 53 Agreement (note 5) $400.00 352.00 $452.00
Peer Review (Applicant responsible for 100% Munippality's full casts of undertaking a Peer Review) VARIES
Comments on Applications Untler the Green Energy Act $5,160.00 $670.80 $5,830.80
Street Name Change Request $1,595.00 $207.35 $1,802.35
Application Requiring An Open House or Additional Public Meeting -additional fee for each
subse uent ublic meetin $7063+Facili Rental VARIES 13% HST TOTAL
Application Requiring Additional Publie Meeting - adtlitional fee for each suhsequent public meeting
where notice is provided through the local newspaper ($1,595+ Fadlity Rental)
rr w.aox.re+.reuun~:
VARIES
73% HST
TOTAL
Application Involving Review Under EPA and/or EAA Process (atltlitional fee) $12,000.00 $1,560.00 $13,560.00
Ontario Municipal Board Related Administration Fee (note 8) VARIES
Preparation of Development /Servicing Agreement (note 5 and note 9) VARIES 13% HST TOTAL
Notarial Fee 8 Munici al Solicitor $20.00 $2.60 $22.60
Commissioners Fee 8 Munid al Staff $20.00 $2.60 $22.60
P,ublkztipns: +. ~ `.. r 'F.; ' • `~ 13,/e HST
ma `"" ' ~:
x`
Small Maps $4.39 - $0.57 $4.96
Wrge Maps - $13.16 $1.71 $14.87
riot Photography (colour) $4.39 $0.57 $4.96
Official Plan Colour Map $2.63 $0.34 $2.97
Clarington Offdal Plan $70.75 $9.20 $79.95
Clari on Zonin 8 -law $70.75 - $9.20 $79.95
Clanngton Street Name Index CD Format $15.00 $1.95 $16.95
Studies: Under 40 a es $12.00 $1.56 $13.56
40-100 a es $24.00 $3.12 $27,12
100-200 a es $40.00 $5.20 $45.20
Real Property Transactions
For the preparation of any agreements relating to real property transaUiens not otherwise speufcally addressed in this Fee Schedule; land transfers
(e.g. right-af-ways, encroachments, leases and licenced, easements) the person requiring the agreement shall be required to pay fees antl
disbursements in acwNance with notes 5 and 9 below.
The following are criteria for determining what constitutes a Major Official Plan Amendment application:
- New golf courses or expansion to existing golf courses; -.
- New waste facility or expansion to existing waste facilely;
- Expansion to urban boundary or re-0esignation of Future Urban Residential lands;
-Hamlet expansion where a semlement capacity study is requiretl;
- Commerdal Development greater than 2,500 m°;
- Deletion or addition of arterial or collector road; antllor
-Any application that due to the broader policy implications for the Municipality. would require the need to review or manage studies,
or any application deemed to be major by the Director of Planning SerJces.
BY-LAW 2070 -
SCHEDULE"A"
PLANNING SERVICES /LEGAL SERVICES DEPARTMENTS
FEE SCHEDULE 2077
Note 2
-The following are criteria for determining what constitutes a Minor Site Plan application:
-A resitlential or agricultural site plan in the Oak Ridges Moraine as required by the Offidal Plan and Zoning By-law 2005-709;
-A dog kennel, agricultural tourism use,and similarly-scaled uses; andlor
- A minor alteration to an existing site plan to revise parking, add a patio, atld a storage building, revise sgnage, add or delete
portables, etc
Note 3
- The following are criteria for determining what constitutes a major Zoning By-law Amendment application:
-Associated with an Official Plan Amendment;
-ASSOdated with an application far proposed Plan of Subdivision;
-Application involving multiple properties, except for commercial and industrial related applications; andlor
-Any application that requires the review of technical support documents or studies (e.g. environmental analyses, transportation
studies, retail market studies), except for commercal antl industrial related applications
Note 4
Minor Variance applications far the construGion or placement of an accessibility device to provide access to a singleEetached/
link or townhouse dwelling is exempt from the fee. An "accessibility device' is defined as a device including a ramp that aids
persons with physical disabilities in gaining access to a dwelling unit.
Nafe 5
Agreement preparation fee does not include the cost of registering the agreement and all related documents (e.g. Transfers, Postponements, or
Initiabregistration $250.00 plus $32.50 HST, plus disbursements.
All subsequent registrations $125.00 plus $16.25 HST, plus disbursements. Applicants must provide the Municipality (Legal Services) with all
such costs prior to registration
Note 6
The following are criteria for determining what constitutes a minor application for red-line revision to Draff Approval:
- Does not require circulation to outside agencies.
Nafe 7
Fees for all Planning applications submitted by a registered charitable organization or for a registered non-proft housing
organization will be reduced by 50%.
Note 8
In adtlition to the fees set out for Planning Ac[ Applications, the total fees payable shall include all fees assocated with supporting an applicant at
any hearing where the application was approved by Municipal Council including legal fees and consultaM/wiNess fees where required, but
excluding the costs of the Planning Department staff.
Note 9
For the preparation of any developmenUServicing agreement other than a subdivision agreement, Section 41 agreement or a Section 53
agreement, the applicant is required to reimburse the Municipality for its legal costs. If the legal work is undertaken by the Munidpal Soliutor, it will
be charged at the rate of $175/hour. If the legal work is undertaken by other legal ceunsel, it will be charged at that legal counsel's hourly rate.
The minimum fee for any such agreement shall be $400.00 plus $52.00 HST.
Note 70
The base fee only shall be applicable to any application for Drafi Plan of Condominium for a parcel of land which was previously subject to a Site
Plan application approved within the previous 24 months of the submission of a Drag Plan of Condominium.
By-law 2010-xxx
Schedule "B"
Fire Services Department
Service PRICE 13% HST FEE
i i TOTAL
Information 1 Documents:
Copy of Emergency Response Report,
Fire Loss Re rt -within ast 2 ears $ 78.00 $10.14 $88.14
Copy of Emergency Response Report,
Fire Loss Re ort -over 2 ears -Archival $ 156.00 $20.28 $176.28
File Search $ 78.00 $10.14 , $88.14
Fire Regulation Compliance Letter
including WETT Inspections, License
Renewals $ 78.00 $10.14 $88.14
Burnin Permits:
Schedule "A" Open Air Fire Permit -
Residential 12 months $ 78.00 $10.14 $88.14
Schedule "A" Open Air Fire Permit-
Residential 30 da $39.00 n/t $39.00
Schedule "B" Agreement for Controlled
Burn Permit-farm n/c
Ins ections:
Liquor Licensing for outdoor patios -
includes full ins ection $ 234.00 $30.42 $264.42
Part 3 Inspection -over 600m2 -initial
inspection-u on re uest $ 468.00 $60.84 $528.84
Part 9 Inspection -less than 600m2 -
initial ins ection - u on re uest $ 234.00 $30.42 $264.42
Part 3 or Part 9 Inspection additional
store -above or below rode $ 39.00 $5.07 $44.07
Sin le Famil Residential Ins ection n/c
Fireworks -sales trailer $ 78.00 $10.14 $88.14
Refreshment Vehicle $ 78.00 $10.14 $88.14
Public Education and Trainin
Fire Safety Plan Development -single
famil dwellin n/c
Fire Safet Presentations and Lectures n/c
Fire Safet House Presentation n/c
Fire Dnll n/c
FireExtin uisherTrainin n/c
By-law 2010-xxx
Schedule "B"
Fire Services Deuartment
Service PRICE 13% HST
TOTAL
Emer enc Services
Standby Requests -per vehicle for the $ 350.00 $45.50 $395.50
first hour or art thereof
Motor Vehicle Collisions on 400 Series
Highways, Highway 35/115, Highway 35,
Highway 115 - (cost recovery through $ 350.00 $45.50 $395.50
MTO) -per vehicle for the first hour or
art thereof
Services as a result of a Malicious or
criminal act as determined by the Fire $ 350.00 $45.50 $395.50
Chief - er vehicle - er hour
Additional Expenses - in order to Cost
eliminate an emer enc Recove
Preventable Fires and Alarm Services
Response to Unapproved Open Air
Burning -following one warning -per $ 350.00 $45.50 $395.50
vehicle- erhour
Response to fires on or beside rail lines Cost
caused b railwa com an Recove
Response to Malicious and Nuisance
Alarms - at the discretion of the Fire Chief $ 350.00 $45.50 $395.50
- er vehicle - er hour
By-law 20'10-xxx
Schedule "C"
Chief Building Official
Service PRICE
Master Plumbing License $100.00
Drain Contractor License $100.00
By-law 2010-xxx
Schedule "D"
Municipal Clerk's Deaartment
Service PRICE
Certification of Documents $1.25 + HST
Line Fence Viewing $40.00 + HST
Subscription -Council Agenda $625.00 + HST
Subscription -GPA Agenda $1125.00 + HST
Subscription -Council Minutes $150.00 + HST
Subscription -GPA Minutes $250.00 + HST
Subscription -Agenda Pages $250.00 + HST
Snow Removal By-law $15.00 + HST
Live Birth Registration $25.00
Live Birth Confirmation $25.00
Burial Permit $25.00
Civil Marriage Ceremony $250.00
Marriage Licenses $125.00
Cost to file Appeal Property Standards Order $88.50 + HST
($44.25 (+ HST) to be refunded to Appellant following appearance before Appeal
Committee. Failure to appear for the Appeal will result in forfeiture of entire fee
amount.)
ev-law 2010-xxx
Schedule "E"
Finance Department
Service Fee HST TOTAL
Tax Certificate $60.00 HST Exempt $60.00
Mortgage Administration Fee charged
to mortgage companies $10.00 per roll number $1.30 $11.30
New AccounUChange of Ownership
Fee $25.00 per roll number $3.25 $28.25
Refund of Overpayment by Mortgage
Company $33.33 $4.33 $37.66
NSF Cheques or NSF Pre-authorized
Payment $33.33 $4.33 $37.66
Mortgage Account Information $10.00 per roll number $1.30 $11.30
Tax Receipt (Duplicate) $6.67 $0.87 $7.54
By-law 2010-rout
Schedule "F"
General Fees
Service Fee
Photocopies $.65/page + HST
(Minimum Charge) $3.00 + HST
Staff Reports No charge prior to Council meeting
After meeting, no charge under 10 pages;
11-20 pages = $5.00 + HST
Over 20 pages = $10.00 + HST
Long Distance Fax Service Flat rate $10 + HST up to 5 pages
$1.00 + HST per page thereafter
Commissioner of Affidavits $20.00 + HST
(per signature)