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.
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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
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*Attach
26 April 1993
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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