THE CORPORATION OF THE
TOWNSHIP OF NIPISSING
BY-LAW NO. 2007- 1205

Policies of Council Re: Development Expenses

Being a by-law to adopt policies with respect to municipal expenses incurred on development Applications.

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LEGISLATION

1. WHEREAS this Municipality frequently receives Applications relating to the development of land;

2. AND WHEREAS in response to such Applications, the Municipality incurs expenses and often necessitates the retaining of professional personnel to assist in processing the Application;

3. AND WHEREAS it is of the opinion of Council that these expenses should not be borne by the general ratepayers of the Municipality, but rather by those persons for whose benefit the development Applications are made.

BE IT ENACTED AS A BY-LAW OF THIS CORPORATION AS FOLLOWS:

1. That this Council adopts those “Policies of Council” attached hereto as Schedule “A” to this by-law.

2. These policies shall apply to all categories of developments in the Township which are the subject matters of an formal or informal Application.

3. The Clerk shall see that a copy of the “Policies of Council” is forwarded to every Applicant.

THIS BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS THE 20th DAY OF NOVEMBER, 2007.

THE CORPORATION OF THE
TOWNSHIP OF NIPISSING

____________________________ c/s
Wendy Billingsley, Mayor

____________________________
Cindy Piper, Clerk

Schedule “A”

POLICIES OF COUNCIL

1. POLICIES BY COUNCIL

Municipal Staff can only consider developments in light of those policies laid down by the Municipal Council. They have no authority to deviate from these.

2. MUNICIPAL EXPENSES – DEVELOPERS ACCOUNT

The policy of Council is that the general ratepayers of the Municipality should not, through their taxes, be responsible for municipal expenses incurred with respect to developments, which developments are primarily for the benefit of the Developer. Larger municipalities with broad tax bases can afford the luxury of lawyers, engineers and planners on staff. Smaller municipalities cannot.

3. OUTSIDE PROFESSIONAL SERVICES

If the Municipality finds it necessary to bring in outside professional services (such as legal, engineering or planning) to advise them on the development, then these expenses must be for the account of the Developer. It is only upon this understanding that the Municipality proceeds with negotiations.

4. PRELIMINARY EXPENSE DEPOSITS

The Municipality, at a preliminary stage, will estimate a deposit to be paid to the Municipality. It is only then that the Municipality can get on with some of the issues involved. After this deposit is paid, the Municipality will then instruct their professional advisers to proceed with the file.

5. ACCOUNTS – 21 DAYS TO FILE OBJECTIONS

a) All accounts received by the Municipality on this file for expenses incurred from engaging outside professional help (i.e. legal, engineering and/or planning) will, as soon as possible, be forwarded to the Developer;

b) If the Developer questions these accounts, or wishes to dispute them or to tax the account, he/she shall advise the Municipal Clerk within 21 days of the mailing of the account. All work will stop until the dispute is resolved;

c) After the said 21 day period, if no dispute is filed with the Municipal Clerk, the account shall be considered approved and the Municipality will pay the account from the monies on deposit and thereafter the account cannot be reopened.

6. APPROACH TO COUNCIL

If the Developer has concern with these policies, he/she can, request in writing a date to make a presentation to Council.

7. PROCEDURE – FOR PRESENTATION TO COUNCIL

To be added to Council’s agenda, there need be a letter directed to the Clerk of the Municipality specifically setting out the following:

a) the concerns of the Developer;
b) what he/she requests be done;
c) information as to whether the Developer wishes to personally appear before Council;
d) if he/she does, the Clerk must schedule it on the agenda.