BY-LAW NO Of. Municipality of Magnetawan BEING A BY-LAW TO ESTABLISH USER FEES AND SERVICE CHARGES.

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1 BY-LAW NO Of BEING A BY-LAW TO ESTABLISH USER FEES AND SERVICE CHARGES. WHEREAS Section 391(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may pass by-laws imposing fees or charges for services or activities provided, for costs payable by it for services or activities provided or done by or on behalf of the municipality and for the use of its property including property under its control; AND WHEREAS the Planning Act, R.S.O. 1990, c.p.13, as amended, and the Building Code Act, S.O. 1992, c.23, as amended, and various other statutes provide municipalities with authority to impose various fees and charges; AND WHEREAS the Council of The Corporation has, from time to time, established various fees and charges for information, services, activities and use of Municipal property; AND WHEREAS the Council of the deems it expedient to enact a comprehensive by-law establishing and requiring the payment of fees for information, services, activities and use of Municipal property; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF MUNICIPALITY OF MAGNETAWAN HEREBY ENACTS AS FOLLOWS: 1. That the fees and charges as set out in Schedules "A" through "K" attached hereto and forming part of this By-law are hereby established and adopted by the Council of the. 2. That no request by any person for any information, service, activity or use of Municipal property described in Schedules "A" through "K" will be processed or provided by any Municipal Official, unless and until the person requesting the information, service, activity or use of Municipal property has paid the applicable fee or charge in the prescribed amount as set out in Schedules "A" through "K" to the Municipality; 3. That in the event that any information, service, activity or use of Municipal property is requested by a person, and a fee or charge for such information, service, activity or use of Municipal property has not been specifically provided for in Schedules "A" through "K" hereto, a fee or charge shall be calculated by Municipal staff utilizing the formula described in Schedule "L", attached hereto and forming part of this By-law, and such fee or charge shall be deemed to be a fee or charge otherwise established and adopted by Council and shall be deemed to be included in Schedules "A" through "K" ; 4. That unless otherwise prescribed, the fees and charges established by this By-law shall be payable to the by cash, money order, certified cheque, cheque or debit card when due ; 5. That fees and charges that have been imposed in accordance with this By-law that remain unpaid after the date on which they are due shall be subject to prescribed interest and penalty charges of one and a one quarter percent per month (1.25%), non compounded or fifteen percent (15%) per annum; 6. That in the event any part of this By-law, including any part of Schedules "A" through "K", is determined by a Court of competent jurisdiction to be invalid or of no force and effect, it is the stated intention of Council that such invalid part of the by-law shall be severable and that the remainder of this By-law including the remainder of Schedules "A" through "K", as applicable, shall continue to operate and to be in force and effect; 7. That in the event another by-law of the establishes a fee or charge that is not referenced by this By-law and that is not inconsistent with this By-law, the fee or charge established by that other by-law shall be deemed to be included in Schedules "A" through "K" attached hereto ; 1

2 SCHEDULE A BUILDING PERMIT FEE SCHEDULE $50.00 plus $9.00 per Thousand square feet $50.00 Change of Use Permit Inspection fee with no Building Permit Issued $50.00 Transfer Permit $50.00 plus $9.00 per Thousand of project value for Conditional Permit $50.00 Searching of records (Building and Zoning compliance letters) $50.00 Re-inspection CONSTRUCTION COST GUIDELINES cost per square foot of floor area Residential Unit: Single Storey House Two Storey House (1 st floor) Each Additional Storey Attached Garage Cottage / Recreational Dwelling: Dwelling with Basement Dwelling on Piers / Frost Wall Dwellings on Slab Each Additional Storey Garage / Farm Buildings: Garage / Shed on Slab Garage / Shed no floor Barns / Outbuildings located on Assessed Farm Lands Commercial Industrial: Based on cost price or Renovations: Decks / Porches / Additions: Demolition Permits: $ minimum per square foot $ minimum per square foot $55.00 minimum per square foot $25.00 minimum per square foot $ minimum per square foot $90.00 minimum per square foot $90.00 minimum per square foot $55.00 minimum per square foot $20.00 minimum per square foot $15.00 minimum per square foot $15.00 minimum per square foot $85.00 minimum per square foot Based on cost price estimates Based on cost price estimates $5.00 minimum per square foot The cost construction guidelines are only a guideline. The Chief Building Official may place a valuation on the cost of the proposed work as per section 5. of this building by-law. No permit is required for re-shingling a roof. A permit is required for re-roofing with metal or metal siding. No permit is required for a shed less than 108 sq.ft. provided that the principal structure is erected on the property or a permit for such structure has been issued. Lot coverage and setback distances for the Accessory Building must also comply with the zoning by-law. To obtain a Building Permit, it is necessary to first apply and receive the following: 1. A septic permit for a class 4 Sewage system from the North Bay Mattawa Conservation Authority in all areas not serviced by Municipal Sewers and for Buildings that require plumbing facilities. 2. An Entrance Permit or Culvert Permit from the Municipality if necessary. 3. An Entrance Permit or Building Permit from the Ministry of Transportation if the property fronts onto a Provincial Highway or Secondary Highway or is within 1000 feet of a highway Intersection or is in the Vicinity of the New 4 Laning of Highway # A legal Survey may be required if the survey stakes are not clearly visible to the Chief Building Official. 1

3 SCHEDULE B MAGNETAWAN LANDFILL CHARGES TIPPING FEES Fees Large Items Couches $10.00 Chairs $10.00 Mattress $10.00 Box Springs $10.00 Construction Waste P/U truck, Van $10.00 Single axle truck $75.00 Tandem axle truck $ Tri axle truck $ Trailer single axle $10.00 Trailer tandem $25.00 Shingles P/U truck, Van $25.00 Trailer single axle $25.00 Trailer tandem $50.00 Boats Price per foot $1.00 Tires Tires 20 and under $5.00 Tires 20 and over $40.00 Industrial & Farm Tires $40.00 Note: No rims allowed on tires. White Goods Refrigerator, Freezer, Stoves, Etc. N/C Steel Products Scrap Steel, Etc. N/C Propane Bottles 20lb. N/C Batteries Car and Truck N/C Brush Burnable brush and trees N/C Note: Agreements will still be required for some commercial wastes. Example: Burnt Debris and Asbestos. 1 Day pass $3.00 per vehicle 7 Day pass $12.00 per vehicle 7 Day pass $12.00 per vehicle 30 Day pass $30.00 per vehicle 30 Day pass $30.00 per vehicle SCHEDULE C MUNICIPAL PARKING LOT FEES SCHEDULE D TRAILER LICENCE FEE 1 Year Licence $ Lump Sum Paid in advance 2

4 SCHEDULE E OFFICE SERVICES PHOTOCOPYING Paper Size Per one sided Per two sided 8 ½ x 11 $ 0.25 $ ½ x 14 $ 0.30 $ x 17 $ 0.50 $ 0.75 coloured paper add an additional $.05 per sheet NIPISSING ROAD $13.00 HISTORIC SITES 5.00 LOOKING BACK MAGNETAWAN HISTORY BOOKS BOOKS PURCHASE ALL THREE HISTORIC BOOKS PKG $35.00 SCHEDULE F Daily Pass $5.00 Weekly Pass $10.00 Individual Pass $3.00 Seasons Pass $35.00 MAGNETAWAN LOCKS PASSAGE FEES SCHEDULE G Open Air Burn Permit Open Air Fire Burning Permit $10.00 SCHEDULE H Hawkers and Peddlers Licence Fee Resident Non Resident Hawker/Peddler Licence Fee $ per year $ per year Hawker/Peddler Agent Licence Fee $50.00 per year $ per year Refreshment Vehicles or Food Carts $ per year All Other Businesses, Trades or Occupations $50.00 Charitable, Athletic, Educational, Philanthropic, Religious, Community, Welfare or Fraternal No Charge 3

5 SCHEDULE I Dog Licence Fees LICENCES TO BE PURCHASED PRIOR TO THE LAST DAY OF FEBRUARY FOR THE CURRENT YEAR Annual Fee First Dog same residence $5.00 Second Dog same residence $10.00 Each and every additional dog $20.00 Same residence Service Dog Nil Late fees (after March 1 st of each year) are double annual fee Kennel Licence Fees LICENCES TO BE PURCHASED PRIOR TO THE LAST DAY OF FEBRUARY FOR THE CURRENT YEAR Kennel Licence Fee, up to ten dogs $ Kennel Licence Fee, more than ten dogs $ Late Kennel Licence Fees (after March 1 st of each year) are double annual fee Replacement Tag Fee: First Tag Free Second Tag $2.00 each additional tag $2.00 SCHEDULE J Out of Court Fines 1. Owner fail to purchase dog licence $ Owner fail to purchase Kennel licence $ Owner permit dog to run at large $ Owner permit dog to trespass on private property $ Owner fails to leash dog in a public place or public roadway $ Owner fails to leash dog in a public beach or swimming area $ Owner fail to clean up dog excrement $ Owner permit persistent dog barking $ Owner permit dog injures or kills livestock, poultry or domestic animal $ Owner fail to pay dog pound fee $ FEES FOR IMPOUNDED DOGS FIRST OFFENCE $ SECOND OFFENCE $ THIRD OFFENCE $ All offences require additional daily pound fee an offence shall be deemed second or third offences if occurring within a six month period 4

6 SCHEDULE K PLANNING FEES 1. A fee shall be charged to the proponent of any application of a Planning matter, before an approval or review of the Application is undertaken by Council. 2. Any person who is required to pay a fee for the processing of an Application in respect of a Planning matter may pay the amount of the 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 Ontario Municipal Board within thirty days of payment of the fee. 3. The Ontario Municipal Board shall hear an appeal make under Chapter P. 13, R.S.O. 1990, Section 69 (4) and shall dismiss the appeal or direct that a refund payment be made to the appellant in such amount as the Board determines. The following Fee Schedule is hereby established for Applications in the amounts as stated: 4.1 Amendment to Official Plan (no Zoning Amendment) $ 1, Amendment to Official Plan (with Zoning Amendment) $ 1, Amendment to the Zoning By-law $ Proposed Plan of Subdivision for Review $ 1, Review & Execution of a Proposed Subdivision Agreement $ 1, Applications for Consent submitted for Review $ Minor Variance Application $ Shore Road Allowance - Administration fee $ Any other Property related By-law under the Planning Act $ OTHER ADMINISTRATION FEES 4.10 Tax Certificate $ Building/Zoning Compliance Request $ Search Fee or Returned Cheque Fee $ The fees established in Section 4 of this By-law do not include any costs or disbursements incurred by the on behalf of the applicant for the processing and review of the application and any supporting studies, reports, plans, etc. Where the Municipality determines it is necessary to retain Planning, Legal and/or Engineering or any other consultants to review an application or supporting documentation, Council shall require additional deposits forthwith and to be applied against the final cost of processing the application. The amount of the deposit shall be determined based on the complexity of the application and the nature of the review that is required, as stated: 5.1 Amendment to Official Plan (no Zoning Amendment) $ 1, Amendment to Official Plan (with Zoning Amendment) $ 2, Amendment to the Zoning By-law - Residential $ 1, Amendment to the Zoning By-law - Commercial/Industrial $ 2, Proposed Plan of Subdivision for Review $ 5, Review & Execution of a Proposed Subdivision Agreement $10, Applications for Consent submitted for Review $ Minor Variance Application $ 1, Shore Road Allowance $ 1, Any other Property related By-law under the Planning Act $ 1, The applicant will be responsible for all costs incurred by the Municipality of Magnetawan related to the processing and review of the application and supporting documentation. Where the cost incurred by the Municipality exceeds the amount of the initial deposit collected pursuant to Section 5 herein, the Municipality shall notify the applicant in writing of the amount of additional funds required and the applicant shall pay the amount within thirty (30) days of the date of the notice. 7. Whereupon an applicant fails to pay the amount specified in a notice issued pursuant to Section 6 herein, the application shall be deemed to be incomplete and 5

7 the Municipality shall discontinue processing the application until such time as the required amount is received. 8. The Clerk / Administrator of the Municipality, upon receipt of the Application and certified payment thereof, shall present a copy of the Application to Council for its recommendation and approval or non-approval 6

8 8. That any provision of any by-law that is inconsistent with this By-law be hereby repealed ; 9. That this By-Law shall be known as the "User Fees and Service Charges By-law"; 10. That the effective date of this By-Law shall be the date of final passage thereof. READ A FIRST, SECOND AND THIRD TIME AND PASSED, THIS 27 th DAY OF MAY, 2009 Dick Smith, Mayor David R. Free, CAO/Clerk 2

9 SCHEDULE L Fees and Charges Cost Estimate/Charge Formula SERVICE ACTIVITY ESTIMATED COST DESCRIPTION OF SERVICE $/UNIT INPUT HRS/UNIT COST DIRECT COST Direct Labour Hours x hourly rate Benefits Municipal average benefit percentage Supervisory Hours x hourly rate Benefits Municipal average benefit percentage Equipment Charge Vehicles and Large Machines Vehicles Used Supplies Materials Consumed Administrative Costs Inspection or review Number of staff x hours x hourly rate Benefits Municipal average benefit percentage Filing Copying and filing internal copy Mailing Cost for mail regular 9 Bylaw

10 SCHEDULE L Fees and Charges Cost Estimate/Charge Formula SERVICE ACTIVITY ESTIMATED COST DESCRIPTION OF SERVICE $/UNIT INPUT HRS/UNIT COST Other Description Indirect Costs Department allocation overhead Municipal General Administration Overhead Allocation to Department of overhead (%) Council, CAO, Finance, Clerk's and general overhead (%) Total Expenses Less Ancillary Revenues Total Costs Volume of Users/Annual Number, etc. Calculated User Fee Charge Costs before applicable taxes RECOMMENDED Addition of applicable taxes 9 Bylaw

11 SCHEDULE L Fees and Charges Cost Estimate/Charge Formula SERVICE ACTIVITY ESTIMATED COST DESCRIPTION OF SERVICE $/UNIT INPUT HRS/UNIT COST USER FEE CHARGE Less Council Approved Subsidization USER FEE APPROVED BY COUNCIL 9 Bylaw