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HomeMy WebLinkAboutPD-79-93 THE OF THE TOWN OF Monday, May 3, 1993 #:PD-79-93 File #: # r..3-~ f- Meeting: General Purpose and Administration Committee File # AMENDMENT TO BUILDING BY-LAW 90-174 RESPECTING THE REFUND OF BUILDING PERMIT FEES It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-79-93 be received; 2. THAT the attached amendment to Building By-law 90-174 be approved. 1 . BACKGROUND: 1.1 Building By-law 90-174 provides an application for a permit may be deemed to have been abandoned and cancelled 6 months after the filing date if it is not being seriously proceeded with. The By-law also provides for a refund in the case of abandonment or non commencement. The amount of such refund is dependent on the stage of the permit process as follows. a) 75 percent of fees payable if administrative and zoning functions only have been performed. b) 50 percent of fees payable if administrative, zoning and plan examination functions have been completed. c) 25 percent if the permit has been issued and no inspections made. (.)~ r, ....... / ) ~- HECYCLED PAPIER PAPER RECYCLE REPORT NO.: PD-79-93 PAGE 2 1.2 However, the By-law does not set out any time limitation in which a refund must be requested. Although request for refund is uncommon, it does cause difficulty in administration and accounting when a refund request is made many months after, particularly after the Town concludes its financial statement each year. 1.3 In order to alleviate the deficiency in the current by-law, staff recommend that By-law 90-174 be amended to enable the Chief Building Official to issue a notice to applicant advising that a refund request must be made in writing within 60 days of such notice. Copy of the amending by-law is attached herein. Respectfully submitted, Recommended for Presentation to the Committee {~ .(),Q)J~/ Franklin Wu, M.C.I.P. Director of Planning & Development Officer HGW*FW*bb *Attach 26 April 1993 ;.~.' C(Z ) . J THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 93- being a By-law to amend By-law 90-174, of the Corporation of the Town of Newcastle. WHEREAS, the Council of the Corporation of the Town of Newcastle deems it advisable to amend By-law 90-174 in order to revise the requirements for a refund in respect of Building Permit fees. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town Newcastle enacts as follows: 1. By-law 90-174, is hereby amended by deleting Sec. 7.6 in its entirety and replacing with the following new Sec. 7.6. In the case of abandonment of all or a portion of the work, or of the non-commencement of any project, the Chief Building Official shall issue a written notice to the owner or applicant, that the permit application has been cancelled. If the owner or applicant wish to have his permit application fee refunded, he shall submit a written request to the Chief Building Official within 60 days of the written notice and the Chief Official shall determine the amount of refund in accordance with Schedule "C" attached to and forming part of this By-law. No refund shall be granted if the said 60 day requirement is not complied with. BY-LAW read a first time this day of ,1993 BY-LAW read a second time this day of ,1993 BY-LAW read a third time and finally passed this day of 1993. MAYOR CLERK ) 94