HomeMy WebLinkAboutPSD-131-08 Clarin n
Leading lheWay REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE i
Date: Monday, December 1, 2008 ae5o�t tTlOr1 `� � — lo(oJ- �
Report M PSD-131-08 File M PLN 20.5 By-law #:
Subject: AMENDMENT TO APPLICATION FEES BY-LAW
PLANNING AND DEVELOPMENT APPLICATIONS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-131-08 be received; and
2. THAT the attached By-law Amendment, detailing the specific amendments to By-law
96-032, being a By-law to require the payment of fees for information and services
provided by the Municipality of Clarington, as amended, be APPROVED.
I
l
Submitted by: Reviewed by:
Davi . Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
LT1df
24 November 2008
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-131-08 PAGE 2
1.0 BACKGROUND
1.1 Section 69 of the Planning Act allows the Municipality to pass a By-law to set out the
Fee Schedule for development applications to offset the "anticipated costs" to the
Municipality for processing applications. The fees collected do not fully recover the cost
of processing applications when direct and indirect costs are considered including the
cost of overhead, pre-consultation meetings and circulation of revised submissions. At
the beginning of each term of Council, the Planning Services Department has
historically reviewed the fees and set the rates for the term of Council.
The current Fee By-law was last reviewed and amended by Council on December 18,
2006, coming into effect January 1, 2007.
1.2 Periodically staff surveys other Municipalities in the Region of Durham, specifically the
four lakeshore Municipalities west of Clarington — Pickering, Ajax, Whitby and Oshawa,
to ensure that our fees are similar.
1.3 . Three of the four (Ajax, Pickering and Oshawa) municipalities have conducted a
detailed review of their planning fees by a consultant based on the actual costs of
services with the intention of recouping a greater portion of staff and municipal costs
associated with processing of planning applications. The fourth Municipality, the Town
of Whitby is presently undergoing such a review.
1.4 Each Municipality upon finalizing the examination of their existing fees acknowledged
an underlying principle that the recovery of municipal costs through application fees
must be balanced, in some cases, so they do not become a significant disincentive for
local residents to make an application. A chart comparing application fees of the five (5)
lakeshore municipalities is contained in Attachment 2. The Town of Ajax and City of
Oshawa fees, as shown, are for 2009. The City of Pickering has not determined, to
date, whether their existing fees will remain in effect for 2009.
1.5 Upon examination, a majority of the Municipality's existing fees are comparable to those
of the other four (4) lakeshore municipalities. No changes are being proposed for the
majority of the fees.
There are seven (7) service areas where changes and/or new fees are being proposed.
The changes and/or new fees are contained in Attachment 2.
2.0 REVISIONS TO FEES
2.1 Revisions to Local Official Plan Amendment Applications
Applications for an Official Plan Amendment are separated into "major" and "minor'
categories. The current fees are $3,675.00 for a "minor' application and $6,300.00 for a
"major' application. A comparison of the fees, as set by the lakeshore Municipalities, is
noted in the chart below. Some Municipalities have not made a distinction between
REPORT NO.: PSD-131-08 PAGE 3
major and minor and apply one fee for both. The distinction between a "major" and
"minor" applications is contained within Note 1 attached to the current By-law.
iiv i 'r Iir
Local Official Simple-$15,000 $8,000 $8,000+ $1,500 $8,240 ($10,300 Major: $6,300
Plan Complex-$34,809 additional if associated with Minor: $3,675
Amendment Recirculation: adopting by-law a Zoning By-law
Application $500 Amendment) Adoption:
Oak Ridges $1,575
Moraine
premium:
$500
Increases to the major and minor category and adoption fee are proposed as follows:
■ Major application $8,000
■ Minor application $4,000
■ Adoption of application $2,000
2.2 Revisions to Proposed Draft Plans of Subdivision Not Draft Approved
Typically, applications for Draft Approval of Plans of Subdivision are extremely time
consuming and involve the input of most, if not all departments within the Municipality.
While the initial application fee structure across the Municipalities in Durham, as shown
below, is comparable, staff is recommending the establishment of a new fee that would
address the situation where an applicant has requested revisions to a proposed Draft
Plan of Subdivision that has not received draft approval and would necessitate the re-
circulation of the Draft Plan of Subdivision application.
U, t il ai
Subdivision Residential: Residential: $10,000+ $325 Residential: Residential:
Application $13,438 plus per $10,000 per unit $10,300 + $25 $10,000 +
unit fee as follows: +$135 per per sq.m. of land $250 per unit
First 200: $337 per unit area (apts$50 per
unit($100-apts) Reactivation fee unit)
Over 200: $165 per of$1,000 applies
unit($50-apts) after 3 years Non-
Residential:
Non-Residential: $5,250
$13,489
Extension of
Draft approval:
$2,100
Revisions to $6,719 $1,260 for N/A N/A N/A
a Subdivision major
Application revisions
(ie. not draft $420 for
approved, but minor
requiring full revisions
recirculation) $525 for
recirculation
REPORT NO.: PSD-131-08 PAGE 4
There are currently sixteen (16) applications for Draft Plans of Subdivision on file that
have not progressed to the point where Draft Approval could be considered. The files
typically are interrelated with other associated planning applications (i.e. Official Plan
Amendments) where their individual processes have not progressed to the point a
decision on the Draft Plan could be rendered. In certain situations there are subdivision
applications where the applicant has requested that their application be held in
abeyance or is not actively pursuing approval.
Of the application files currently open, six preceded the Municipality's delegation of
subdivision approval powers from the Region on July 1, 2001. As a commenting
agency, at the time the Municipality did not charge a fee for municipal review of the
application.
Additionally, between July 1, 2000 and December 31st, 2005, the Municipality charged
a modest fee relative to the actual costs of processing the applications.
It is proposed that fees be established for all applicant-initiated revisions to
applications for draft plan approval. The fees would not be applied for revisions to the
application solely to address agency comments and concerns.
The proposed fee structure is:
For applications filed before July 1, 2000 $10,000 plus $250 for each additional
unit and $50 for each additional block
For applications filed between July 1, $5,000 plus $250 for each additional
2000 and December 31, 2006 unit and $50 for each additional block
For applications after December 31, 2006 $5,000
2.3 Revisions to Draft Approved Plans of Subdivision
The existing fee for redline revisions to draft approved Plans of Subdivision is $5,000 for
major changes and $1,000 for minor changes. Minor revisions would not require the
application to be circulated to agencies outside the Municipality.
!aDraft 't �visions to Major: $6,745 $1,260 Major: $5,000 + Residential: Major: $5,000
(where substantial $325 per unit $10,300 +$0.25 Minor: $,1000
Approved changes are per sq.m. of land
Plan of proposed and Minor: $5,000 area
Subdivision recirculation is (change to
(ie. reline required) condition and/or Reactivation of a
revision) Minor: $1,349 minor plan subdivision
(change to a change) application —after
condition and/or 3 years: $,1380
minor plan change)
REPORT NO.: PSD-131-08 PAGE 5
Staff are recommending that these fees be increased to $7,500 and $,2000
respectively. Additionally, similar to the fee schedule format for the initial application for
the Draft Plan of Subdivision, staff would recommend that an additional fee of $250 per
unit ($50 per apartment unit) be incorporated with each of the major and minor
categories. The cost per unit would be calculated on the increased number of units
being proposed. If additional units are not being proposed, the fee for the revision
would be determined only as either major or minor ($7,500 or $2,000).
2.4 Condominium Applications
The existing fee for Condominium applications and Condominium conversions is $2,500
plus $25 per unit and $1,575. A comparison of the fees, as set by the lakeshore
Municipalities in Durham, is noted in the chart below.
low
Condominium $8,925 $6,500 $7,500 plus$325 $5,150 $2,500 + $25
Application per unit per unit
Conversion: $5,000 Recirculation: Amendment to a
plus$125 per unit $1,000 Conversion: condominium Conversion:
Conversion: $7,500 +$325 description of $1,575
$1,000 per unit declaration:
$1,751
Reactivation of a
condominium
application—after
3 years: $1,030
Increases to the application and conversion fee are proposed as follows:
■ Condominium application $5,000 plus $25 per unit
■ Condominium conversion $5,000 plus $25 per unit
2.5 Residential Site Plans
The existing fee for residential site plan applications is $2,500 + $175 per unit. Site Plan
applications require the detailed review from conceptual design to final design. It is a
time consuming process. While the Municipality has traditionally undercharged for the
full cost of review to encourage compliance, the residential rate is relatively low. A
comparison of the other lakeshore municipalities in Durham is shown below:
REPORT NO.: PSD-131-08 PAGE 6
�NI 11110
Site Plan $6,735 plus a Residential: Residential: $2,575 plus Residential:
Approval per-unit fee as $2,500 + $175 $3,000 +$325 $0.25 per sq. m $2,500 + $175
follows: per unit per unit plus$1,000 for per unit
first 25: $674 the agreement
per unit
26-100: $500
per unit
100-200: $250
per unit
Over 200: $125
per unit
It is recommended that the residential site plan approval fee be revised to $3,000 +
$200 per unit.
2.6 Ontario Municipal Board Hearing — Related Administration Fees
When a planning application has been referred to the Ontario Municipal Board by the
applicant and/or any interested party, the Board will in certain circumstances direct the
appellant to prepare and circulate a public notice of the upcoming hearing to all required
parties.
The Board's direction requires the preparation of a list of all affected land owners within
the prescribed distances as required by the Planning Act. Staff has been asked, on
occasion, to assist the appellant and provide a list of all affected land owners as
required. A fee in the amount of $500 for said services has been requested in the past.
Staff proposes that this fee be included within the Fee Schedule By-law.
2.7 Planning Applications Circulation by Other Local Applications Circulation by Other Local Municipalities
The Municipality's current Fee Schedule By-law requires a fee for the review of any
Region of Durham Official Plan amendment application. Although not on a regular
basis, the Municipality is circulated by neighbouring Municipalities a variety of planning
applications as stipulated in the Planning Act, seeking the Municipality's comments. In
most instances, a report is prepared for Council's consideration and the Municipality's
response is forwarded to the local Municipality in question. In addition to the staff time
required to circulate internally and evaluate each application, conditions of approval are
often generated, resulting in the necessity of monitoring the municipal concerns and/or
conditions.
REPORT NO.: PSD-131-08 PAGE 7
Staff is recommending, the following new fees are each type of application not initiated
by the respective local Municipality:
• Official Plan Amendment $1,200
• Rezoning Application $2,000
• Draft Plan of Subdivision $2,000
3.0 CONCLUSION
3.1 It is respectfully recommended that By-law 96-032, as amended, be further amended as
contained in the By-law Amendment attached hereto, being Attachment 1.
Attachments:
Attachment 1 - By-law Amendment
Attachment 2 - Comparison Chart and Staff Recommended Changes to the Fee By-law
Attachment 1
To Report PSD-131-08
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a By-law to require the payment of fees for information and services
provided by the Municipality of Clarington and for prescribing the amount of such
fees and to amend By-law 96-032, as amended
WHEREAS Section 69(1) of the Planning Act, R.S.O. 1990, C.P13, 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 the Council of the Corporation of the Municipality of Clarington deems
it necessary to amend by-law 96-032 to meet the anticipated cost to the Municipality in
respect of the processing of each type of application provided for in the Schedule of
Fees;
NOW THEREFORE BE IT ENACTED that the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. THAT Schedule "B"to By-law 2006-218, as amended, is hereby further amended
by deleting said Schedule"B"and replacing it with Schedule"B"attached hereto.
2. THAT the fee schedule attached hereto and forming part of this By-law shall
apply for the specified documents, services, applications and inspections
commencing January 1, 2009.
BY-LAW read a first time this day of 2008
BY-LAW read a second time this day of 2008
BY-LAW read a third time and finally passed this day of 2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
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SCHEDULE"B"TO BY-LAW 2008-
FEES PRESCRIBED BY THE DIRECTOR OF PLANNING SERVICES
The effective date for the following tees is Janua 1,2009
Official Plan Amendment
MnorA location
Ma'orA location note) $4,DOD
Ado Lion of Amendment $8,000
Re tonal Official Plan Amendment Review $2.000
ROPq Review not art of a local OPA $1,200
Nei hbourhood Deli n Plan $2'000
Nei hbourhood Deli n Plan Amendment $10,000+Peer Review
Zonin B - $3,000+FaciL Rental
Law Amendment
Ma or note 3
Minor $5,000
Removal of Holdin S mbol $2,000
Removal of Environmental Holding Symbol $2,000
(Zoning By-law 2005-10g) $475
Draft Plan of Subdivision -
Residential
Non-Residential $10,000+$250/und $50 fora rtment unit)
Preparation of Subdivision A regiment note 5 $5,000
Amendment to Subdivision q regiment note 5 $2,000
Red Line Revisions Me or-$7,500 lus$250 additional er unit($50 era ailment)
Applicant-Initiated Revisions to Subdivision Application Minor-$2,000 lus$250 additional er unit $50 er apartment
Not DraftA roved
I Whores ficaton filed rior to Jul 1,2000 $10,000
ii Where application lus$250 r unit $50 era ament unit
file d between m
Jul 1,2000 to Dec.31,2006 $5,000 plus$250 per unit($50 per apartment unit)
ill Where a licatin filed after December 31,2006
Subdivision Clearance $5,000
Extension of Draft Plan A roval $2,000
Draft Plan of Condominium $2,000
A licalion for Condominium Conversion $4•DO0+$25/unit
Condominium A reement note 5 $2,000
Condominium A reement Amendment note 5 $500
Condominium Clearance $325
Part Lot Control $1,500
$500+$25/umt maximum$5000
Site Plan A royal
Residential Uses
Commercial Uses $3,000+$200/unit
Mixed Use
$3,000+$25/100m2 commercial ross Poor area
8 Ivuu+$25/100m2 commercial ross floor area*8 $50 1residential
Industrial/Other Uses unk fmaximurn$15,000
Amendment-Residential Uses $1.200+$10/100m2 tt,OSs floor area maximum$7,500
Amendment-Commercial Uses $600+825/unit maximum
$1,500+25/100m2
Amendment-Mixed Use commercial gross floor area(maximum$15,000
$1,SOC+825/100m2 commercial gross floor area+$25/residential
Amendment-Industrial/Other Uses unit maximum$15,000)
Minor Site Plan/Oak Rid as Moraine(note 2 5600+$1 0/100m2 ross floor are' $6,000
Sales Trailer/Model Home $500
A reement and A reement Amendment note s $1,000
Landscape Inspection Fee for projects with greater $350
than 2500 s m of floor area of 25 units or reater 0.500%-of the landscape cost estimate with a minimum of$,1000
Minor Variance note 4
Tablin Fee a licant initiated 8425
Re-circulation Fee a licant initiated $100
Si n Permit $100
Permanent
Temporary $40
N/A
A rtment in House
$50 a licalion $50 final certificate
Clearance Letter
Zonin
Subdivision $105
Miscellaneous $105
Servicin A reement notes $105
Land Division $350
Review Fee
Develo mentA reement notes $300
Peer Review $350
Street Name Chan a Re ut 100%of the Muni a ali 's costs of retaimn a consultant
t
$1,500
FEES PRESCRIBED BY THE DIRECTOR OF PLSCHEDULE"B"ANNING SERVTCO(Sy LAW 2008-
The effective date for the folbwin fees is January 1,2009
Application Requiring An Open House or Additional
Public Meeting (additional fee for each subsequent
public meeting) $1,000+Facility Rental
Application Requiring Additional Public Meeting
(additional fee for each subsequent public meeting where
notice is provid ed through the local newspaper) $1.500+Facility Rental
Ontario Municipal Board Related Administration Fee
$500
Plannm Ap lications-Other Local Municipalities
Official Plan Amendment
Rezonin Ap lication $1,200
Draft Plan of Subdivision $2,000
Application Involving Review Under EPA $2,000
and/or EAA Process(additional fee)
I $10,000
Publications
Ma s -Small
j� -Medium $4.39
Lar a $8]7
Aerial Photo ra h Colour $13.16
Official Plan Colour Ma $q 39
Clarin ton Official Plan $2.63
Clarin ton Zonin B -law $70.75
Clarin ton Street Name Index $7015
Studies -Under 4 I a es $42.45
-40 to 100 a as $12.00
-100t0200 a es $24.00
-over 200 a es $40.00
-CO $60.00
Note $15.00
The following are criteria for determining what constitutes a Major Official Plan Amendment application:
• New aggregate extraction areas or expansion to existing aggretate extraction areas;
• New golf courses or expansion to existing golf courses;
• New waste facility or expansion to existing waste facility;
• Expansion to urban boundary or re-designation of Future Urban Residential lands;
• Hamlet expansion where a settlement capacity study is required;
• Commercial Development greater than 2,5)0 m';
• Deletion or addition of arterial or collector road;and/or
Any application that due to the broader policy implications for the Municipality would require the need to review or manage
studies,or any application deemed to be major by the Director of Planning Services.
Note 2
The following are criteria for determining what constitutes a Minor Site Plan application:
• A residential or agricultural site plan in the Oak Ridges Moraine as required by the Official Plan and Zoning By-law
• A dog kennel,agricultural tourism use,and similarty-scaled uses;and/or
• A minor alteration to an existing site plan hi revise parking,add a patio,add a storage building,revise signage,add odelete
0
Portables,etc.
Note 3
The following are criteria for determining what constitutes a major Zoning By-law Amendment application:
• Associated with an Official Plan Amendment;
• Associated with an application for proposed Plan of Subdivision;
• Application involving multiple properties;and/or
• Any application that requires the review of technical support documents or studies(e.g.environmental analyses,transportation
studies,retail market studies)
Note 4
Minor Variance applications for the construction or placement of an accessibility device to provide access to a single-detached/
link or townhouse dwelling is exempt from the fee. An"accessibility device" as a device including a ramp that aids
Persons with physical disabilities in gaining access to a dwelling unit. is tlefined
Note 5
The applicant is required to reimburse the Municipality for its legal costs associated with preparing the agreement.
Note 6
The following are criteria for determining what constitutes a minor application for red-line revision to Draft Approval:
• Does not require circulation to outside agencies.
Note 7
Fees for all Planning applications submitted by a registered charitable organization or for a registered non-profit housing
organization will be reduced by 50%.