HomeMy WebLinkAboutPD-163-83 Q �
CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL.(416)263.2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF NOVEMBER 7, 1933
REPORT NO. : PD-163-83
SUBJECT: BILL 159 - AN ACT TO REVISE THE PLANNING ACT
FILE: Pln. 1 .1
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RECOMMENDATION:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the
following :
1 . That Report PD-163-83 be received; and
* 2. That the attached By-law be approved.
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REPORT NO. : PD-163-83 page 2
BACKGROUND AND COMMENT:
At its meeting of June 6, 1983, the General Purpose and
Administration Committee considered Staff Report PD-79-83 in
respect of Bill 159, an act to revise the Planning Act. As
indicated by that report, the Planning Act now makes
specific reference to the matter of Planning application
fees. Pursuant to Paragraph 68, Subsection 1 , the Council
of a Municipality may, by by-law, prescribe a tariff of fees
for the processing of applications made in respect of
planning matters . Such tariff shall only be designed to
meet the anticipated cost to the municipality, or to a
Committee of Adjustment in respect of the processing of each
type of application provided for in the tariff. However, it
should also be noted that Council or the Committee of
Adjustment may, through its consideration of an application ,
reduce the amount or waive the requirement for payment of
the fee notwithstanding the established tariff if the
Council or Committee are satisfied that it would be
unreasonable to require payment in accordance with that
tariff. Similarly, any person who has been required to pay
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a fee for the processing of an application , may pay that fee
under protest and thereafter appeal to the Ontario Municipal
Board against the levying of the fee, or the amount of the
fee, by giving written notice of appeal to the Board within
thirty days of payment of the fee. The Municipal Board may
after hearing an appeal , either dismiss said appeal or
direct that payment of a refund be made.
Staff have now completed a review of application fees and
have prepared the attached By-law which should be approved
pursuant to Section 68, Subsection 1 of the Planning Act.
Staff note that in many cases a substantial increase in the
fees has been made, and this has been done to reflect
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REPORT NO. : PD-163-83 Page 3
the actual cost to the Municipality of processing each type
of application. The By-law does not however, provide a
tariff for undertaking preparation of a Subdivision
Agreement or an amendment to a Subdivision Agreement
inasmuch as the costs associated with processing these two
items are normally recovered through the terms of the
agreement.
The only other costs which are not covered by the proposed
tariff of fees, are those related to Official Plan
amendments and subdivision approvals. These have been
excluded inasmuch as there is no requirement for an
application to be made to the local Municipality, and the
Municipality acts only as a commenting agency. Therefore,
there are no revenues generated through our consideration of
Official Plan amendments or subdivision applications until
such time as a rezoning is required to implement such
approval , or a subdivision agreement is entered into. The
fee proposed in respect of rezoning applications has
therefore, been split to reflect:
1 ) applications resulting from official plan amendments or
subdivision approvals ; and
2) those applications which simply change the zoning within
the existing provisions of the Official Plan. The rezoning
tariff proposed in respect of applications resulting from an
official plan or subdivision application therefore, includes
an amount which appropriately reflects the costs to the
Municipality of providing comments to the Region in respect
of these types of application.
Staff note that although the proposed fees represent, in
some cases, substantial increase when compared to those
presently being charged, the existing fees do not reflect
costs incurred by other Departments in providing comments
on, or the processing of these applications.
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REPORT NO. : PO-163-83 Page 4
Staff would also note that while these increases would
exceed the Government 's 6 and 5 Guidelines, Section 70 of
the Planning Act , provides that in the event of a conflict
between the provisions of this Act, (being the Planning Act )
and any other general or special act, the provisions of
this, (the Planning Act) prevail . In that regard, it is
clearly indicated by the Planning Act, that the amounts
which may be charged shall be designed to meet anticipated
costs to the Municipality, in respect of the processing of
each type of application. We would therefore, suggest, that
the 6 and 5 regulations could not be applied to prevent the
proposed increases .
Based on the foregoing, staff respectfully recommend that
the attached tariff of fees be approved and the appropriate
by-law passed by Council .
Respect ed,
T.T. Edwards, M.C.I .P.
Director of Planning
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*Attach.
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 83- 148
being a By-law to prescribe a tariff of fees for the processing of
;3 applications made in respect of planning matters.
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WHEREAS Section 68, Subsection 1 of the Planning Act, 1983, provides
that by-laws may be passed by the Council of a Municipality to
prescribe a tariff of fees for the processing of applications made in
respect of planning matters;
AND WHEREAS such tariff shall be designed to meet only the anticipated
cost to the Municipality or to a Committee of Adjustment constituted by
the Council of the Municipality in respect of the processing of each i
type of application provided for in the tariff;
NOW THEREFORE, the Council of the Corporation of the Town of Newcastle,
pursuant to Section 68, Subsection 1 of the Planning Act, 1983, enacts
as follows:
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<' 1 . The following tariff of fees shall apply for the specified
f applications submitted in respect of planning matters:
(a) Rezoning Application -
a) to implement an Official Plan Amendment
or Plan of Subdivision $ 500.00
b) all others 300.00
(b) Combined Rezoning and Site Plan Approval
Application
a) to implement an Official Plan Amendment 550.00
li b) all others 350.00
(c) Site Plan Approval Application
a) agreement required 200.00
b) plans only 100.00
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(d) Application for an Amendment to a Site Plan
or Site Plan Agreement 100.00
(e) Application for an amendment to a Hamlet or
Neighbourhood Development Plan 300.00
(f) Clearance Letters in respect of Subdivision
Agreements 30.00
j (9) Clearance Letters in respect of Zoning 15,00
2. The following tariff of fees shall apply to applications submitted
through the Committee of Adjustment for the Town of Newcastle:
(a) Application for Minor Variance $ 50.00
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3. Tariff of fees for the issuance of Certificates of Compliance in
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accordance with Property Standards matters:
(a) Residential property, multiple, commercial and
industrial buildings
- one or two units $ 20.00 per unit
- two to five units 15.00 per unit
- six to fifteen units 75.00 plus
5.00 per unit
- sixteen units and over 125.00 plus
1.00 per unit
(b) Free standing industrial and commercial
buildings, single occupancy 25.00 plus
1.00 per 95 square
metres of floor space thereof
(c) Farm property 25.00
(d) Vacant property 20.00
4. The tariff of fees herein prescribed for applications in respect of
planning matters shall be the minimum fee prescribed, and any further
costs associated with the processing and/or approval by the Corporation
of the Town of Newcastle of any application in respect of a planning
matter shall also be payable by the applicant. Such costs shall be
based upon the actual costs of processing the application including
staff time, material costs and legal expenses, which shall be
determined at the time of approval and made payable as a condition of
such approval, or as a condition of implementing the approval, as the
case be.
5. This by-law shall come into force and take effect on the date of
passing hereof.
BY-LAW read a first time this 14th day of November 1983.
BY-LAW read a second time this 14th day of November 1983.
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BY-LAW read a third time and finally passed this 14th day of
November 1983.
G.B. RICKARD, MAYOR
D. OAKES, CLERK
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