Sample Language

“Fees as referenced under this By-law are payable under the Town’s Fees By-law and Charges By-law.” [1]

 “Where an owner makes a change to a plan, document, specifications or other information following the issuance of a Permit, the Director shall require that all work ceases on the site. An addition payment of up to ½ of the original application fee and submission of revised drawings is required and such submission shall be approved by the Director prior to the continuance of any placing, dumping, cutting or removal of fill or alteration of grade. The amount of securities shall be reviewed and at the discretion of the Director, may be revised;”[4]

OR

“Where an owner makes a material change to a plan, specification, document or other information following the issuance of a permit, the Director may require payment of one-half of the original permit fee and submission of revised drawings, which shall be approved by the Director prior to any dumping, placing or removal of fill or alteration of grade.”[5]

 “A Permit which has expired may be renewed at the sole discretion of the Director within three (3) months from the date of expiry upon receipt of a complete application to the Director in accordance with Part 4 of this By-law and payment of the prescribed fees in Schedule "A" to this By-law.”[6]

OR

“A permit which has expired may be renewed by the Chief Building Offrcial within a six month period from the date of expiry upon the making of a written request to the Chief Building Official accompanied by a payment of one-half of the original permit fee, provided that the proposed work which was the subject of the permit, has not been revised. A permit that has been renewed in accordance with this section shall not be renewed again.”[7]

OR

“A permit which has expired may be renewed by the Director within a period of six months from the date of expiry upon the submission of a written request to the Director accompanied by a payment of one-half of the original Application Fee, provided that the proposed work which was the subject of the Permit has not been revised.”[8]

Sample Language

“(a) Costs incurred by the Township over and above the securities held arising from any default or failure to perform the obligations and requirements under this By-law including under Section 7, plus interest accrued to the date payment is made at the rate of ten percent (10%) or such lesser rate as may be approved by the Township, will be recoverable from the owner of the lands by action or in like manner as taxes pursuant to the provisions of Section 446 of the Municipal Act, 2001;

(b) Costs incurred by the Township as set out in Section 10(a) of this By-law including interest at the prescribed rate, are a lien on the lands upon registration in the proper land registry office of a notice of lien pursuant to Section 446(5) of the Municipal Act, 2001;

(c) The lien is in respect to all costs that are payable at the time the notice is registered plus interest at the prescribed rate and accrued to the date payment is made;

(d) Upon payment of all costs payable plus interest accrued to the date of debt retirement being made by the owner of the land, a discharge of the lien shall be registered to the Township in the proper land registry office of a notice of lien pursuant to Section 446 of the Municipal Act, 2001.”[9]

OR

“12.1 The Town may recover the costs incurred by the Town under Part 11 plus interest accrued to the date payment is made at the. rate of fifteen per cent (15%) or such lesser rate as may be approved by the Town from the owner of the land by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes.

12.2 The costs incurred by the Town under Section 12.1, including interest, constitute a lien on the land upon the registration in the proper land registry office of a notice of lien and the lien is in respect of all costs that are payable at the time the notice is registered plus interest accrued to the date the payment is made.

12.3 Upon payment of all costs payable plus interest accrued to the date payment is made to the Town, the Town shall register a discharge of the lien in the proper land registry office.”[10]

Sample Language

“7.1 Where more than 10,000 m3 of material is proposed to be placed or dumped in either a Commercial Fill Operation or Site Alteration Project, the Owner or Operator will provide a full application under Section 4.2 and enter into an agreement with the Town … and the Owner and Operator shall agree to the following conditions, including but not limited to: […]

(g) acknowledge that the Town may engage legal, engineering, hydrology, environmental and landscape consultants to evaluate studies and or agreements in which case the costs incurred will be charged back to the applicant plus a 15% administrative charge;” [11]

OR

“The Township may engage legal, engineering, hydrogeology, environmental, surveying, and landscape consultants to evaluate studies and agreements upon notifying the Owner of the intention to do so. The cost of the engagement shall be paid by the Owner plus a ten percent (10%) administrative charge;”[12]

Sample Language

“The prescribed inspection fees for a site alteration permit are included in the application fees detailed Schedule “B”, appended to this By-law, which may be amended by Council from time to time.

Additional Inspection Fees, as identified in Schedule “B”, refer to additional inspections being required by the City, in circumstances where the permit holder’s contractor has not complied with the conditions of the permit and remedial work is required to meet the conditions of the permit.”[13]

Sample Language

“An applicant who has been refused a permit issued under this By-law, or is not satisfied with conditions attached to the permit issued, may appeal the decision of the Director or Committee, to Council by sending a notice of appeal by registered mail to the Clerk of the Town within fourteen (14) days after being notified of the decision by the Town.

(10) An appeal under subsection (9) shall be conducted pursuant to the provisions of the Statutory Powers Procedure Act and the relevant provisions of this By-law. (11) Where a decision under this section is not appealed within the time referred to in subsection (9), it shall be deemed to be final. (12) The Director, the Committee, or Council on appeal, may refuse to receive or process, or refuse an application or appeal, which is frivolous or vexations or is otherwise an abuse of the process of this By-law. Where the Director, Committee or Council issue such a decision, they will also issue written reasons for it so deciding.
(13) Any person who provides misleading or false information in an application under this By-law, or in any statement or plan required to be produced under this By-law or on any appeal under this By-law, or who concurs in such an action or omission, is guilty of an offence”[14]

“An applicant appealing to Council shall pay the applicable fee calculated in accordance with rates set out in Schedule B at the time the appeal is submitted to the City Clerk.”[15]

OR

“An owner or applicant may appeal to the Property Standards Committee by sending a notice of appeal by registered mail to the secretary of the Committee within the prescribed time frame pursuant to s. 11.1 of the by-law. All notices of appeal shall be accompanied by a non-refundable payment in the amount of $200.00 for the processing of the appeal.”[16]

Sample Language

“If the owner or permit holder fails to do the work required by an “Order to Comply” and “Notice of Violation” issued pursuant to Sections 10.01-10.03 of this By-law within the period specified, the City, in addition to all other remedies it may have, may do the work and for this purpose may enter on the land with its employees and agents. The costs incurred by the City in so doing shall be paid by the owner of the land and may be recovered by the City in like manner as taxes or drawing on financial securities provided.”[17]

OR

“If the Town has issued an order directing or requiring a person or an owner to do a matter or thing to correct a contravention of this by-law, and the person or the owner has failed to correct the contravention, the Town may enter upon the land between the hours of 9:00 am and 5:00 pm Monday to Friday to do all work necessary to correct the contravention, including the removal of all or part of the fill material, the re-grading of the land, or both, and the Town may recover the cost of doing the matter or thing from the person directed or required to do it by action or by adding the costs to the tax roll of the owner and collecting them in the same manner as property taxes.”[18]

Sample Language

8.       “Any person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to a fine as provided in the Municipal Act, 2001. Pursuant to Subsection 429(2)(a) of the Municipal Act, 2001, all contraventions of this By-law are designated as multiple offences and continuing offences. A multiple offence is an offence in respect of two or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of a by-law.

9.       On conviction of an offence under this By-law a person is liable to a fine in accordance with Section 429 of the Municipal Act, 2001 as follows:

a. the minimum fine for any offence is $400.00; b. the maximum fine for an offence as set out in Subsections (c) and (d) below does not apply to special fines as provided for in Section 10 of this By-law; c. In the case of a continuing offence, for each day or part of a day that the offence continues, the minimum fine shall be $400.00 and the maximum fine shall be $10,000.00. The total of all daily fines for the offence is not limited to $100,000.00; and d. In the case of a multiple offence, for each offence included in the multiple offences, the minimum fine shall be $400.00 and the maximum fine shall be $10,000.00. The total of all fines for each included offence is not limited to $100,000.00.

On conviction of an offence under this By-law a person is liable to a special fine in accordance with subsection 429(2) (d) of the Municipal Act, 2001. The amount of the special fine will be the minimum fine as provided for in Section 9 of this By-law to which may be added the amount of economic advantage or gain that the person has obtained or can obtain from the contravention of the By-law. Pursuant to subsection 429(3) (1) of the Municipal Act, 2001, a special fine may exceed $100,000.00.”[19]

Sample Language

“In the event that damage occurs to any township road as a result of any activity or activities regulated by this by-law, the owner shall be fully liable for, and shall bear all the costs for repairing any such damage. Such works shall include, but not be limited to, cleaning of the road surface, curbs, gutters and storm sewers or boulevard and all repairs to damage to the road, boulevard or any signage and services there associated with.”[20]

OR

“Every person who is guilty of an offence under this by-law shall be subject to the following penalties:

(a) upon a first conviction, to a fine of not less than $100 and not more than $50,000; (b) Upon a second or subsequent conviction for the same offence, to a fine of not less than $400 and not more than $100,000; (c) Upon conviction for a continuing offence, to a fine of not less than $100 and not more than $10,000 for each day or part of a day that the offence continues. The total of the daily fines may exceed $100,000;
(d) Upon conviction of a multiple offence, for each offence included in the multiple offence, to a fine of not less than $100 and not more than $10,000. The total of all fines for each included offence is not limited to $100,000.”[21]

Sample Language

“The fee for processing, administration, renewal and inspection for a Permit shall be in accordance with Schedule ‘B’, appended to this By-law, which may be amended by Council from time to time. Fees shall be reviewed annually and amended with the approval of Council, or as otherwise determined by Council.”[22]

“At the time an application for a permit under this By-law is made, the applicant shall:

(a)     pay to the Corporation the applicable fees calculated in accordance with rates set out in the Township of Scugog Fees and Charges By-law;” [23]

“Prescribed fees include:

(a) Permit application fees are set out in the Township Fees and Charges By-law, as amended;” [24] 

Sample Language

“At the time an application for a permit under this By-law is made, the applicant shall:

(b)    pay a deposit in an amount to be determined by the Director to pay for the cost of all estimated legal and consulting fees payable by the Corporation tor the processing of the application.”[26]

“Prescribed fees include: …

(b) The Security Deposit, as established by the Director to ensure sufficient funds are available to repair or restore the Site if required following a Work Order issued under Section 11 of this By-Law or due to expiry or revocation of Permit;” [27]

Sample Language

“Prescribed fees include: …

(c) The Road Maintenance Security, as established by the Township to ensure sufficient funds are available to repair and restore the roadways along the haul route(s), calculated at a depreciated value.”[28]

OR

“When it is determined by the Town Road Superintendent or his/her designate, that the scope of a private undertaking will foul, damage, obstruct, injure or encumber the Town's roads; the owner shall provide a road security deposit to the Township to compensate for all such manners of maintenance and restitution that may result from the owner's actions on the thoroughfares.”[29]

Sample Language

“Where unauthorized site alteration works occur prior to the issuance of a Permit, and the Director determines that a Permit can be issued, the permit fees will be as identified in Schedule “B”, in addition to all other applicable fees, costs and securities related to the Permit and the costs of rehabilitation and/or reinstatement of the subject site as may be required by the Director.”[30]

OR

“When work has commenced before a permit for that work has been issued under this By-law, the fees for an application for each permit required shall:

(a) double the amount otherwise specified in this By-law; and

(b) include an additional inspection fee as set out in the Township of Scugog Fees and Charge By-law for each inspection that was made, required or requested prior to the permit being issued.”[31]

OR

“Where work has commenced prior to a permit being issued, the fees for an application for each permit required shall be:

(a)     double the amount otherwise specified in the Township of Brock Fees By­ law; and

(b)    include an additional inspection fee as set out Schedule “A” to this By-law for each inspection that was made, required or requested prior to the permit being issued.”[32]