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HomeMy WebLinkAboutFND-013-10Clr~l'l~C~ REPORT FINANCE DEPARTMENT PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION Date: MAY 17, 2010 Resolution#: d('/+'3os"~~ By-law#: 6Pft -,30~-/0 Report: FND-013-10 File#: Subject: DEVELOPMENT CHARGES STUDY AND BY-LAW 2010 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT the Development Charges Background Study, April 2010, prepared by Hemson Consulting Ltd. be approved; 2. THAT the Development Charges quantum for both Residential and Non- Residential charges be approved as follows, subject to annual indexing: Residential (per unit) Single, Semi and Link Low Density Multiple Large Apartment Small Apartment July 1, 2010 $14,623 $12,737 $10,048 $ 6,370 Non-Residential (per square metre) Commercial and Institutional Industrial July 1, 2010 July 1, 2011 $55.54 $60.12 $30.92 3. THAT Council in approving the Background Study, expresses it intent to ensure that the increase in the need for services attributable to the anticipated development will be met and that any future excess capacity identified in the Study will be paid for by development charges or other similar charges; 4. THAT Council has reviewed the changes made to the draft By-law and after having considered the changes Council determined that there is not a need for an additional public meeting; 5. THAT for completed applications as determined by the Chief Building Official received on or before June 30, 2010, where the development charges will be paid by June 30, 2010, that the applicable development charges be calculated based on By-law 2005-108, as amended; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 REPORT NO.: FND-013-10 PAGE 2 6. THAT the By-law attached to Report FND-013-10 as Attachment "A", inclusive of any amendments made by Council at the meeting of May 17, 2010, be recommended to Council for approval to rescind and replace By-law 2005-108, as amended; and 7. THAT the Region of Durham and recorded interested parties be provided a copy of Report FND-0 3-10 and b not ~ed of Council's decision. ~~~'~~~, Submitted by: Reviewed by: Nancy Ta lor, B. ., .A. Franklin Wu, Director f Finance/ Chief Administrative Officer Treasurer NT/hjl REPORT NO.: FND-013-10 PAGE 3 BACKGROUND AND INFORMATION: 1.0 The 2005 Development Charges 1.1 On June 27, 2005, Council adopted the existing development charges with the approval of FND-007-05, plus addendum, and the accompanying By-law 2005- 108, as amended. This By-law, by statute expires after five years or June 30, 2010. This By-law has been amended several times in the interim but the expiry date could not be amended. Consequently, Council authorized staff to undertake a new background study as required under the Development Charges Act. 1.2 The legislation only allows calculation of a charge based on the historical average service levels of the past 10 years. The legislation does not permit the use of development charges to increase the service levels in any category. If the allowable permitted calculated charge under the legislation is not used, the shortfall is transferred to the tax base and the historic average is eroded, such that in future development charges less can be recoverable. 2.0 The 2010 Development Charges Study 2.1 Staff from all Departments and the Library worked diligently, as a Steering Committee with Craig Binning of Hemson Consulting Ltd., to bring forward the background study April 2010. The result of the analysis was to produce a revised development charge by-law that reflects the services required to support the projected new development over the next 10 years to 2019 for general services and 22 years to 2031 for the engineered service of roads and related. 2.2 The background study introduction provides an overview of the areas of focus in this report. The areas of particular emphasis were the growth forecast, the identified capital projects, the proposed new policies and the inclusion of local service definitions. 3.0 Non-Residential Charge 3.1 In reviewing the non-residential development charges within the lakeshore area municipalities of Durham Region, all lower-tier municipalities have a commercial or non-residential development charge. The City of Oshawa is currently the only municipality without an industrial development charge. Scugog is phasing in an industrial charge. 3.2 The City of Pickering, Towns of Ajax and Whitby, and the Township of Brock have a standard charge for all non-residential (regardless of retail versus industrial). Uxbridge and Scugog have separated industrial at a different rate than the other non-residential components. This is the approach taken in Clarington also. 3.3 The industrial charge is an increase of 10% over the current charge (which has not been fully phased-in). The other non-residential charge is experiencing a REPORT NO.: FND-013-10 PAGE 4 18% increase. This charge is recommended for phase-in over two years. This is comparable to other Lakeshore municipalities in the Region of Durham and similar sized municipalities in the GTA. The industrial is somewhat lower than the other Durham municipalities with an industrial charge. 3.4 In all categories, the maximum permissible under the Development Charges Act is being levied. 4.0 Residential Charge 4.1 The residential charge being recommended is a moderate increase of 6% over the current charge which would have been phased at greater than this amount on July 1, 2010. 5.0 Tax Impact 5.1 The existing taxpayer picks up any shortfall for the cost of growth related services which is not collected through the development charge. Page 39 of the background study identifies the impact on the tax base. 6.0 Meeting with Developers 6.1 Staff and the Municipality's consultant met with the development community on March 9th, 2010 and April 29`h, 2010 to provide an overview of the background study, the methodology applied in the development charge calculation and to provide an opportunity for questions to be answered. The meetings were set up over and above the requirements of the Development Charges Act and in addition to the scheduled public meeting for May 17`h, 2010. 7.0 Public Meeting 7.1 A public meeting was held pursuant to Section 12 of the Development Charges Act, 1997 on May 17, 2010, at the commencement of the same General Purpose and Administration Committee meeting where Committee is receiving this report. 7.2 Should Council wish to consider amendments to the By-law and Background Study based on either communications or delegations at the public meeting or by Committee request, it is suggested that an addendum report be requested to specifically address issues raised and that this report be referred to the General Purpose and Administration Committee meeting of June 7, 2010 in order to allow staff appropriate time to fully analyze the impact of any such requests. 8.0 Exemptions and Refunds 8.1 There are some exemptions and refund provisions in the Development Charges By-law. These are detailed in Section 18 to 23 of the Development Charges By- law. Included in the proposed exemptions are: intensifications and redevelopment, agricultural development, certain public buildings, contaminated REPORT NO.: FND-013-10 PAGE 5 sites, historic downtown redevelopments, research laboratory exemptions and hotels. These are broad ranging exemptions intended to promote and support specific identifiable objectives. 8.2 Included in the proposed refunds are heritage homes requiring relocation, medical professional offices and green industrial/office or commercial buildings under certain specific requirements. 8.3 Changes to exemptions and refunds from the previous By-law primarily relate to agri-tourism and intensification in TownNillage Centres as identified in the Official Plan. 9.0 Future Potential Exemptions 9.1 As the Development Charges By-law is reviewed at least every 5 years, exemptions and incentives not producing the results anticipated can be enhanced, modified or eliminated. If an exemption is producing unintended results, amendments can be made during the life of the By-law. 9.2 Development Charge exemptions are imperfect tools to achieve some desired goals. While development charge exemptions are a type of incentive that the municipality can provide they are not the only incentive. In some cases the provision of a grant along with the attendant rules that the Municipality can impose are more successful tools for accomplishing specific goals. 10.0 Changes to Proposed By-law and Background Study 10.1 To provide further clarification, some minor amendments have been made to the proposed By-law and included in Attachment "A". The amendments are to add the reference to a link dwelling under Schedule "1"and to clarify the partial exemption under Section 20(11) for intensification buildings. 10.2 The change to the Background Study as released include a minor amendment to the local service definition (page 41 ), by adding section #4, which will read as follows: 4. Secondary Plan Recommendations All enhancements to a road internal to a subdivision over and above the current municipal standard as recommended by a completed secondary plan for the subject area are local services and are the direct responsibility of the developer. The other change to the Background Study is to delete "Courtice" from the description of future operations space and land from pages 116 and 123 item 5.2.5. REPORT NO.: FND-013-10 PAGE 6 11.0 Exemption Where Permits Applied For 11.1 The effective date of change in the quantum is recommended as July 15t, 2010. It is recommended that building permit applications that are in on or before June 30th and are complete will not be subject to the new By-law. The increase in the charge is imposed at the time of issue of the building permit and so a specific resolution-has been added to this report. Attachments Attachment "A" -Proposed By-law 2010-xxx Interested Parties: Region of Durham Finance Department THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW N0.2010-XXX to impose development charges against land in the Municipality of Clarington pursuant to the Development Charges Act, 1997 (the `Act") WHEREAS subsection 2(1) of the Act provides that the Council of a municipality may by by-law impose development charges against land to pay for increased capital costs required because of increased needs for services arising from the development of the area to which the by-law applies; AND WHEREAS Council has before it a report entitled" lop t, Charges Background Study, The Municipality of Clarington, April 2010" (t `" ~iidy'"); 'i}~i;i6,,, v ;;il~ s AND WHEREAS Council ave notice to the ~~~~ ~ '~ g ~'~I~~~ipf a pi~ilc meeting ari~~7d a public meeting pursuant to section 12 of the Act on May 1~ prior to which tFie Study and a proposed development charges by-I were made a le to the public, and Council heard comments and representations f{~#'q i~~~i;;~~,~~rsons who °to be heard (the "Public .Meeting") and considered Report FND ^{-10 ~i' , ay 12010 (the "Staff Report"); AND WHEREAS of Muniapaht~. considered the public comments and representations nTa t e Pu'c Meeting at~Eneeting of the Council held on May 31, 2010; ~" ~"„N ~~(i,M1~~e,~1!Nln~ffsi;~'~ , at i~~ehng"~f ~I~ay 31, 2010, by Resolution No. C-X9Ot Council mmen~~~~pns contained in Report FND-{-10; NOW THEREFOR, ~ THE QOUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ~~}ACTS AS FOLLOWS: Definitions 1. (1) In this By-law the term: Accessory: where used to describe a building means that the building is naturally and normally incidental, subordinate in purpose or floor area or both, and is exclusively devoted to a principal use or building located on the same lot. Act: means the Development Charges Act, 1997, S.O. 1997, c.27, as it may be amended from time to time or a successor statute; Agricultural: means a bona fide farming operation, including farm buildings and buildings. accessory thereto, sod farms, the breeding andlor the boarding of horses, greenhouses, and residential buildings which are used exclusively Page 1 to provide living accommodation for employees of the operator of the land devoted to the practice of farming and which residential buildings are occupied for fewer than eight (8) consecutive months during each calendar year and must be a secondary residence; Agri-tourism: means an agricultural establishment that provides a service to promote and educate the public about farming and agricultural activities. An agri- tourism use shall be located on the same lot as a farm. An agri-tourism use may include a farm produce outlet. Agri-tourism may include the following uses: corn or hay maze; petting zoo; hayrides; sleigh rides; buggy or carriage rides; seasonal activities/events related to the farm and farm tours, but shall not include: restaurant, amusement park, special event, overnight camping or motorized recreational competition with the exception of tractor pulls. Air-Supported Structure: means an air supported structure as defined in the Building Code Act; Apartment: means a residential building, orthe r `~fifential portion of amixed- use building containing 4 or more dwellings which have a common entrance from the street level, common h~~~; sta~evators and/or yards, and which is not a dwelling unit or d Ilt~ units"`}ained in a single- detached dwelling, asemi-detached ling, a tovrf~}~pse (rowhouse) dwelling, or a multiple dwelling; r 'I'~~uhU_ Approval Authority: means the R Region's Land Division Committee or jurisdiction to approve ~ Ian of subdivis Act, to grant a consent section 53 description under sectio the G applicable in the circumst ce , Board of issioner of;fanning, the o MunicipafBOard having section 51 of the Planning inning Act, orto approve a Act, whichever Act is means' and as ned in Subsection 1(1) of the s.o.1997.. .27. as ari~ended: vacant or `" rutilized properties, with potential for ~n the process of site remediation by completing a i r~JC'essordocumentationundertheregulations r of Environment; Building: s a b_w ' hg or structure occupying an area greater than 10 (square met consrsting of a wall, roof, and floor or any of them or a ~ctural sy serving the function thereof, and includes anair-supported Builds de Act: means the Building Code Act, 1992, S.O. 1992, chapter 23, as„amended and all Regulations thereto including the Ontario Building Code, 2006, as amended, and as they may be amended or replaced from time to time; Conversion: means the change in use of a portion or all of a building as allowed under the provisions and regulations of the Municipality's Zoning Bylaws, Demolish: means to do anything in the removal of a building dr a part thereof and the term "demolition" has a corresponding meaning; Development: includes redevelopment; Development Charge: means a development charge imposed by this By-law; Dwelling Unit: means one or more habitable rooms designed or intended to be used together as a single and separate housekeeping unit by one person Page 2 or by more than one person, containing its own kitchen and sanitary facilities, with a private entrance from outside the unit itself; Dwelling, Apartment: means a dwelling unit contained in an apartment; Dwelling, Apartment-in-House:, means a dwelling located within a permitted single detached dwelling orsemi-detached dwelling created through converting part of or adding onto the principal dwelling. Dwelling, garden suite: means a one unit residential structure containing washroom and kitchen facilities that is designed to be portable and that is accessory to a single detached dwelling constructed on the same lot and is considered an apartment dwelling unit for the purposes of this by-law. Dwelling, Large Apartment: means an apartment dwelling containing 69.675 square metres of residential floor area or more; ~Iil, ~ utiy Dwelling, Linked: means a building separated M f~ tally into two separate dwelling units, connected underground by f~~~n~,~nd foundation, the horizontal distance between the interior of o (2) dwelling units above finished grade shall be in actor nc$with th visions of the Municipality's Zoning By-law, each+J~f~ta has an in dent entrarce directly from the outside of the bq: ng and each of whit sated on a separate lot; m~iii'~~; ,~I~fji;i =~ r: Dwelling, Low Density Multiple Unit: m _®II residential dwelling units that are not included in thatdefinition of "ap en' t", `linked dwelling", "semi- detached dwelling' or "~ detached dw - " g ~i~l~i tom,,, Dwelling, Mobile Home: lea elling uwhich is designed and constructed to be transpod ~` ,ptiassis and is placed on a Dwe, "" ultipl8` eans a resii~ntial building orthe residential portion of a mixESd- uildin ! hich contai a or more dwelling units; Se tat s a residential building divided vertically so as ain two separate dwelling units each of which has an indepen entr jrectl from outside of the buildin Ili y g, is located on separate I ant leas per cent of the above-grade area of a main wall on one side of dw@~ling unit is attached to or is the same as a main wall on side of other dwelling unit, building is not attached to any other ' g or s ture except its own garage or shed and the building has open spa lasides of it; Dwellin' ,Single-Detached: means a residential building containing only one dwelling unit which is not attached to any other building or structure except its own garage or shed, has open space on all sides, and has no dwelling units either above it or below it, and the term "single-detached dwelling" includes a mobile home; Dwelling, Small Apartment: mean s an apartment containing less than 69.675 square metres of residential floor area; Dwelling, Townhouse: means a group of three or more attached dwelling units which are separated from the other dwelling unit vertically and/or horizontally and each dwelling unit having a separate entrance to grade; Existing Industrial Building: means a building used for or in connection with, a. manufacturing, producing, processing, storing or distributing something; Page 3 b. research or development in connection with manufacturing, producing or processing something; c. retail sales by a manufacturer, producer or processor of something they manufactured, produced or processed, if the retail sales are at the site where the manufacturing, production or processing takes place; d. office or administrative purposes, if they are: i) accessory to manufacturing, producing, processing, storage or distributing of something, and ii) in or attached to the building or structure used for that manufacturing, producing, processing, storage or distribution. Farm Building: means a farm building as defined ir)he Building Code Act; Floor: includes a paved, concrete, wooden, gr ®I, or dirt floor; Grade: means the average level of the p~ppose shed surtace of the ground immediately abutting each b 'n or mix' se building at all exterior walls of the building or mix se building in c~ion; ~, Gross Floor Area: meansthet rarea,~~~easuredbetw he outside of exterior walls or between the out f ` elil9pr walls and a centre line of party walls dividing the building fro her building, of all floors above the average level of fit@jr5hed ground a g the building at its exterior walls. ~'~r` Hotel: means a building prdiri htaccarhmodationwith a minimum part of th ,.; mel. ~''iiGjxj~;i,:~ of 70 overnight accommoda n rihi bch such room shall include a bedroom. throom cor~i'nation an inimal kitchen facilities, which is not a d ing I~r dwellingd€~its contained in asingle-detached dwelling, a se„~i ached''`°'elling, a tovhouse (row house) dwelling or a multiple dwelling' whi ave a com ' n entrance from street level, common halls, stair [ is three stories or greater in height. on g spat;eities that are constructed within the hotel bull i the` `fie lot as the hotel or an abutting lot, are deemed to be leans areas such as urban growth centres, intensification Cher opportunities that may include infill, redevelopment, the expansion or conversion of existing buildings. Weans any building located on lands having an industrial zone by By-law of the Municipality of Clarington and used for or in with: a. manufacturing, assembling, processing, fabricating, refining; b. research and development, storage of materials and products, truck terminals, warehousing, and buildings and structures or portions thereof which are designed, used or intended to be used for a purpose, but the term does not include: i) retail service sales or rental areas, storage orwarehousing areas or uses used, designed or intended to be used in connection with retail sales, service or rental areas, and ii) office areas that are not accessory to any of the foregoing areas or uses, or to any other non-residential areas or uses, or Page 4 accessory office uses that are greater than 25% of the gross floor area of the industrial building. Land for Parks': for the purposes of paragraph 3 of subsection 2(4) of the Act: a. includes land for woodlots and land that is acquired because it is environmentally sensitive, and b. does not include land for an enclosed structure used throughout the year for public recreation and land that is necessary for the structure to be used for that purpose, including parking and access to the structure; Land: includes buildings and structures; Local Board: means a public utility commission, t~rtation commission, public library board, board of park manageme ~~~ cal board of health, police services board, planning board, or any other '' ' l ommission, committee, body or local authority established or exera'ng an er or authority under any general or special Act with respe ~ any of the= rs or purposes of the Municipality or the Region; , "_ =I~, , ~~r Lot: means a parcel of land. ' .a registd plan of suti ion or any land that may be legally conveyed u tFt~{~'e~ption prov~in clauses 50(3)(b) or 50(5)(a) of the Planning A Major Office Building: and or professional offic minimum of 5 000 square isiness administrative services containing a the Building Code Act; means a used, designed, or intended to be ion-residential and residential areas itclasses ortypes ofnon-residential of the Municipality of Clarington; means buildings or portions of mixed-use buildings or portions of floors contained therein which are used, ded to be used for a purpose which is not a residential Owner" means the owner of land or a person who has made application for an approval forthe developmentof land againstwhich a development charge is imposed; Protracted: means in relation to a temporary building or structure the persistence of its construction, erection, placement on land, or an alteration to or an addition to a building for a continuous period exceeding twelve months from the date on which the construction, erection or placement of the temporary building or structure was completed; Region: means The Regional Municipality of Durham; Residential: means buildings orportions ofmixed-use buildings and floors or portions of floors contained therein which are used; designed, or intended to be used as living accommodation for one or more individuals provided in a dwelling unit(s) and an accessory building to the dwelling; Page 5 Residential Floor Area: means the floor area of an apartment measured either between the exterior faces of the exterior walls of the apartment, or between the exterior faces of one or more of the exterior walls of the apartment and one or more of the centre line(s) of the wall(s) separating the apartment in question from an abutting apartment and the exterior face(s) of the wall(s) separating the apartment in question from an adjacent corridor, elevator, lobby, or stair, whether or not any such walls contain one or more entrances to the apartment, provided that where the apartment dwelling in which the apartment is located is attached to another building by a party or common wall the centre line of such wall shall be deemed to be an exterior face of an exterior wall of the apartment dwelling in question; Service: means a service designated as such by subsection 6(2) of this By- law; Temporary Building: means a building constructed ~~ erected or placed on land used exclusively by a realtor, builder, dev~~p~rnor contractor on a temporary basis for the sale, display and ma `""ng of residential lots and dwellings within a draft approved subdivisio minium plan, or means a building constmcted or erected or placet~n Ian F a continuous period not exceeding twelve months, or an a 'tiaq or alt n to a building or structure that has the effect of incr mg'the total fla thereof for a continuous period not exceeding, °elve months. '';i~p„ ,_ Total Floor Area: in the case of buil~s o(Pfftan mixed-use buildings, means the sum total of the total areas a non-residential floors contained in the buildi „tEhat are not exe from development charges imposed by this ey-law, er at, above, low grade, measured between the exterior face ' erior wall -e building. In the case of mixed-use buildings tha n mbinat}pT of residential, and/or non-residential areas or usc~th re ~ '''tnpt from development charges i by this By- . , "total flo area" means the sum total of each o tal a f the non- sidential loors, or the sum total of the none ntial pt~ 'Mons of the rs contained in the mixed-use building that are xe rom develo _ nt charges imposed by this By-law, whether at, and (1) where the total area of the floor 'sect n-resid`~areas or uses that are not exempt from deve t ch ,total floor area shall be measured between the exterior of th r tior walls of the mixed-use building, and (2) where one" (more p~~ ons of a floor of the mixed-use building comprise on-residen ",areas or uses that are not exempt from development ges and other portion(s) of the same floor that either is a residential a ruse, is anon-residential area or use which is not exempt from dev charges imposed by this By-law, total floor area shall be measu either between the exterior face(s) of the exterior wall(s) and/or between the centre lines of interior walls which separate the non- residential area(s) and use(s) from one or more residential area(s) and use(s) ornon-residential areas or uses that are so exempt on the same floor. In the case of mixed-use building that contain (a) a combination of residential areas or uses, and non-residential areas or uses some only of which are exempt from development charges imposed by this By-law, or (b) only a combination of classes or types of non-residential areas or uses, some only of which are exempt from development charges imposed by this By-law, "total floor area" means the sum total of each of the total areas of the portions of the non-residential floors that are not exempt from development charges imposed by this By-law, contained in the mixed-use building whether at, above or below grade, and (1) where the total area of the floor is non-residential which is not exempt from development charges imposed by this By-law, total floor area shall be measured between the exterior faces of the exterior walls of the mixed-use building, and (2) where the total area of one or more portion(s) of a floor(s) of the mixed- Page 6 use building is anon-residential area(s) or use(s) which is not exempt from development charges imposed by this By-law and the same floor also contains another portion(s) of a floor(s) which is exempt from development charges imposed by this By-law, total floor area shall be measured between the exterior face(s) of the exterior wall(s) and/or the centre line(s) of interior walls which separate the non-residential area(s) and use(s) on the floor that are exempt from development charges from those on the same floor that are not exempt from development charges imposed by this By-law. In all cases in which the building or mixed-use building is attached to another building or mixed-use building, the centre line of the party or common wall shall be deemed to be an exterior wall of each building or mixed-use building as the case may be. Where a building does not have any walls, `total floor area' means the sum total of the area of land below the roof of the building and the total areas of the floors in the building, except where the canopies or roof overhand is for weather protection only for employees or customers and do not have any retail activity or storage for retail purposes. Except as,,o,~se provided in this definition, in atl cases, "total floor area': a. includes the floor area of a m interior corridors, lobbies and occupied by interior wall park! b. excludes any areas of the i elevators, enclosed gar mechanical equipment relate of the building or mixed-use t retail gas pump- nopies, sta garbage storage fir, Zoning By-law: means the uni 2005-109, as amended, as~y k~`i time. ~fIIN(~~i;;,,. an`~'~ pported structure, areas; ~~~the space for as, loading f es, lion or the, ~' aintenana parking of motor vehicles, atd any separately enclosed 84-63 and By-law No. or replaced from time to (2) In t ' aw, u s the Conte otherwise requires, the singular includes ~, the plur the, :}fral includes singular. Rules 2. ) _ The rule: eloper paragraph 9 of subsection 5(1) of the Act for determinin devepment charge is payable in any particularcase and for ~l~,eterm ini ng amount of the development charges that are payable are set °~ in sectiq~is 8 to 16, inclusive, and section 22 of this By-law. (2) The ons provided for are the exemptions set forth in sections 18 to 21, inc a of this By-law; the indexing of charges shall be in accordance with section 15 of this By-law; (3) The rules for determining if a development charge credit is available shall be in accordance with the rules set forth in section 22 of this By-law; (4) The rules for determining refunds shall be in accordance with the rules set forth in Section 23 of this By-law. Lands Affected by By-law 3. This By-law applies to all lands within the geographic area of the Municipality. Page 7 Designated Services 4. It is hereby declared by Council that the development of land for residential buildings, non-residential buildings and mixed-use buildings in the Municipality will increase the need for services. 5. The development charges imposed by section 7 of this By-law shall apply without regard to the services which in fact are required or are used by or in respect of a particular development of land. 6. (1) Except where otherwise provided, development charges are imposed against land by this By-law to pay for increased capital costs required because of increased needs for services arising from the development of land within the Municipality. (2) The following are designated services for the purpge of this By-law: a. General Government; b. Library Services; c. Emergency Services; d. Indoor Recreation; e. Park Development and f. Operations g. Parking; h. R i. @~iy rm WatDrainage ar Control Services. (3) The allocaf' bfi~~ " "° al development charges and the non- p~ i I de pment c s imposed by this By-law, to the designated i~ sern erre ' `' subsection 6(2) are set out in Schedules "3" and "4", Except' ''" erwi''provided in this By-law, development charges are imposed against Ian velopment of the land requires any one or more of the following actions or de ns: rte' (1) The passingofazoningby-law or of an amendment theretoundersection34 of the Planning Act; (2) The approval of a minor variance under section 45 of the Planning Act; (3) A conveyance of land to which a by-law passed under subsection 50(7) of the Planning Act applies; (4) The approval of a plan of subdivision under section 51 of the Planning Act (5) A consent under section 53 of the Planning Act; (5) The approval of a description under section 50 of the Condominium Act; or Page 8 (7) The issuing of a permit under the Building Code Act, 1992 in relation to a building. 8. Not more than one development charge for each of the services set out in subsection 6(2) is imposed by this By-law upon the development of land whether or not two or mare of the actions or decisions referred to in section 7 are required before the land in question can be developed. 9. Notwithstanding section 8 of this By-law, if two or more of the actions or decisions referred to in section 7 occur at different times, additional development charges shall be imposed in respect of any increase in or additional development permitted by that action or decision or by those actions or decisions. 10. Where the development of land requires an action or decision referred to in section 7 of this By-law to be taken or made after the issuance of a building permit and no development charges have been paid, then development c rges shall be paid prior to the action or the decision referred to in section 7 bei or being made. I i#'=,: 11. If the development of land is such that it does not .<i, ;; at a building permit be issued before the development is commenced, the6d~ pment does require one or more of the other actions ordecision~i~j(~fert,~d to i ion 7 be taken or made before the development is comm s d, `developme .rges shall be payable in respect of any increase in or, '`ditional development tte~ by such action or decision prior to the actin cision guired for th ~ ceased or additional development in question being o:~~ `Fi9g made. 12. (1) Nothing in this By-law sh II prevent the ality or an approval authority from requiring, as a con fan agreeme der sections 51 or53 ofthe Planning Act, that the ow , , at his or li' 1 expense, install such local services related to a p`!~n o)' _ ' r ' _ion or~GVithin the area to which the plan relates, as theapprova ut ty°°"' ire,orthattheownerpayfor local ce to storm~inage f`Witles installed at the owner's expen or a ~ )strative, prd~essing, or inspection fees. ~~~i, _ (2) Without ati from subse , ~n 12 (1), nothing in this By-law shall revent the o-i oval authority from requiring as a condition ,,l prot;~ en uri Planning Act that the owner, at the owner's experi it ~ hall II such services as may be determined by the ,;;'{~ Municip r the _ y ,d81 authority in accordance with the applicable law. 13. Subject " " coon' the development charges imposed by this By-law shall be (1) In the eases of residential buildings, and the residential portions ofmixed-use buildings, on the basis of the number and type of dwelling units contained in them; (2) In the cases of non-residential buildings and the non-residential portion of mixed-use buildings, on the basis of the total floor area contained in the non- residential building or in the non-residential portion of the mixed-use building proposed to be developed for non-residential purposes. Amount of Development Charoes 14. (1) The amount of the development charges payable in respect of the development of apartment dwellings, linked dwellings, multiple dwellings, semi-detached dwellings, single-detached dwellings, and townhouse dwellings and in respect of the development of the residential areas of Page 9 mixed-use buildings shall be as set out and shall be determined in accordance with subsection 16(1) of this By-law and Schedule "1"hereto. (2) The amount of the development charges payable in respect of development of non-residential buildings, and in respect of the development of the non- residentialcomponents of mixed-use buildings, shall be as set out and shall be determined in accordance with subsection 16(2) of this By-law and Schedule "2" hereto. Indexing of Development Charoes 15. The development charges set out in Schedules "1"and "2"hereto shall be adjusted without amendment to this By-law annually on January 1st in each year, commencing on January 1st, 2011, in accordance with the Statistics Canada Quarterly, Construction Price Statistics (catalogue number62-007) based on the 12 month period most recently available. °~; Timing of Calculation and Pavment , 16. (1) The residential development charges s _ ut in dule "1" hereto are payable in full on the effective date of~l~,p~,-law -_ " ~~ ~~~~r. (2) The non-residential developme )~Illlcharges set out in Sq,dule "2" are payable in full commencing on~f ective~te of this by-Ij " „~' a~IC a i~l~ ~~ (3) Subject to subsections 16(1) and 16(2);3 except as provided in section 22 of this By-law, developpnt charges sha 'calculated as of, and shall be payable on the date the' ilding permit ued for the development of the land against which tF~ ment cha fnposed by this By-law apply. " ~ j~~ ,..~ if i Pavment by Monev ~ ~ ~ ~Ir~ - ~. ~~ti~ ' 17. Payment o lopme harges sha a by cash or by certified cheque. Rules with Res ed to E ~`"' l~l ' °' Residential fi u 18. By-law of a o impose development charges if the only effect of any ,,#I((kion or decisi ~, feme 'F ;;g{f+'Section 7 is: (1)i„ n interior atiorl to an existing residential building or structure which }s not cha' "'e or intensify the use of the land; (2) The ~i' ~'„ent of an existing residential dwelling unit; (3) The creation of one or two additional residential dwelling units in an existing single detached dwelling where the total gross floor area of the additional unit(s) does not exceed the gross floor area of the existing dwelling unit; (4) The creation of one additional dwelling unit in asemi-detached dwelling or row dwelling where the total gross floor area of the additional unit does not exceed the gross floor area of the existing dwelling unit; or (5) The creation of one additional dwelling unit in any other existing residential building provided the gross floor area of the additional unit does not exceed the smallest existing dwelling unit already in the building. Rule With Respect to the Exemption of Agricultural Development 19. Agricultural development of land including agri-tourism is exempt from development charges imposed by this By-law. Page 10 Rules With Respect to the Exemption of Certain Public and Other Buildinos 20. Buildings within any of the following categories of areas or uses are hereby exempted from development charges imposed by this By-law: (1) Buildings owned by and used, designed or intended for use as hospitals governed by the Public Hospitals Act, R.S.O. 1990, c.P.40, as amended or replaced from time to time; (2) Buildings owned by and used, designed or intended for use for the purposes of the Municipality, the Region, or their local boards; (3) Buildings owned by and used, designed or intended for use as a place of worship; (4) Buildings owned by a board of education and usedigned or intended for use for school purposes including the adminis~ w,or the servicing of schools; `r' (5) Buildings owned by, or where a long term been entered into, and used, designe of a college of applied arts and t hd i Ministry of Colleges and Universi)Act, F or replaced from time to time; :a `~`~ '' ~:,. (6) Buildings owned by, or where a long been entered into, and sed, designed ari of a university establish n Act of the rrs or longer has for the purposes - ~ursuant to the O. 1990, of 20 years or longer has edforuseforthe purposes ativeAssembly of Ontario; (7) Buildings or parts thereof I to (the Cl~ngton Science Park orthe Clarington .Energy Park as o o hs contained in Schedule `6' hereto, t fled, desig'or inten to be used for the purpose of researo aciliti boratoriesffices, amenity areas and service areas for sta onduc search, with~~yidence provided to the satisfaction of the Director , ,pnan reasurer; ~`~' 9~,. _ (8)~i,° ow a cor on or organization registered as a charity (r" forth ose i e Income Tax Act R.S.C. 1985, Chapter 1 (5"' Supp.) a f ay b ded or replaced from time to time, and used, designed, ~ tende or use for any residential or for any non-residential urpose oft snot-for-profit corporation or organization in question; (9) T1ti oss fl area of the conversion where, as a result of development of Ian in a 'revitalization area' as shown on the map contained in Sche 5' hereto, a building is converted in whole or in part to a different use; at7d (10) Buildings constructed after July 1, 2006 for the purpose of a hotel (11) Intensifcation projects must be located within Town/Village Centres of the Municipality of Clarington Illustrated in the Land Use maps A2, A3, A4, AS for the Urban Areas of Courtice, Bowmanville, Newcastle, and Orono of the Clarington Official Plan. To be eligible for a partial exemption, projects must meet the land use, urban design, and compatibility policies of the Clarington Official Plan and applicable Zoning By-law in addition to the regulations set out within this by-law. a) An exemption equal to twenty five percent of the applicable development charges otherwise payable on the third story at the time the building permit was issued for residential and or office intensification buildings that are a minimum of three stories. Page 11 b) An exemption equal to fifty percent, seventy-five and one hundred percent of the applicable development charges otherwise payable at the time the building permit was issued for residential and or office intensification buildings for the fourth, fifth and sixth (and higher) floors respectively. c) An exemption equal to twenty five percent of the applicable development charges otherwise payable at the time the building permit was issued for non-office commercial floor space within any intensification building outlined in 20 (11) a. or 20 (11) b. Rules with Resoect to the Exemption of Temoorarv Buildinos 21. (1) Temporary buildings are exempt from the development charges imposed by this By-law. ~. i~i (2) In the event that a temporary building bec s~,s~~H; s protracted, it shall be deemed not to be, or ever to have been~~t~ rary building, and the development charges required to be paiby tFr -law shall become payable on the date on which the tem ~ruildin omes protracted. (3) Prior to an action or decision re ed to i section 7 of y,~w being taken or being made in respec .develo ent of a tem building, the Municipality, pursuant to section ' f ,may requi an owner to enter into an agreement which may in the provision of security for the owner's obligation under„xhe agreement hich agreement shall provide for all or part of the deve ' ' nt charges to aid after the date on which theywould otherwise be er subsec 16(1) or 16(2) ofthis By- law, whichever is applicabl,The f such, reement shall prevail over the provisions of subsectio 16 i 16 3 of this B -law. rt .I~It , () y (~Grl' Rules with Respect t~k~redit (f ~i "~ <. ~ai~6%i("~I~ 3lII~ ~, 22. (1) Where res) ,of the rede pment of land, a building or existing structure is ther use, in whole or in part, or converted prin use to er principal use on the same land or such bull i truc s destroyed in whole or in part by fire, explosion or Act 1P, of God o molt d reconstructed forthe same purpose forwhich it '' ` I was put be ' it was~~stroyed, the development charges otherwise payable ~'~~''~t~ith respect ~p~uch Fedevelopment or reconstruction shall be reduced by the a. ~ case of a residential building or the residential portion of a ed-use building or structure, an amount calculated by multiplying ^t~re applicable development charges underthe Schedule 1 of this By- law bythe number, according to type of dwelling units that have been demolished or converted to another principal use or demolished and reconstructed as the case may be; and b. in the case of anon-residential building or the non-residential portion of a mixed-use building or structure, an amount calculated by multiplying the applicable development charges under Schedule 2 of this By-law by the non-residential gross floor area that has been demolished or converted to another principal use or demolished and reconstructed as the case may be. (2) A credit in respect of an event referred to in subsection 22(1) shall not be given unless within five years from the date on which the event occurred, a building permit has been issued. Page 12 (3) The amount of any credit under subsection 22(1) shall not exceed in total the amount of the development charges otherwise payable with respect to the redevelopment of the land or reconstruction of the building orstructure as the case may be. (4) Notwithstanding subsection 22(1) no credit will be provided when: a. the demolished building orstructure or part thereof would have been exempt under this by-law; b. where the building or structure or part thereof would have been exempt under this By-law prior to the conversion, redevelopment or reconstruction as the case may be; c. where a development or redevelopment which is exempt in whole or in part or eligible for any other relief under tBy-law. y+"`" (5) Where a development charge is payable a development or re- development of brownfeld lands, with th'~ "~tion of development or redevelopment of Brownfield lands for thpurpo' i f a gasoline service station, which requires the clean up of.s l~der th aria Ministry ofthe Environment's "Guideline for Use I Contaminated in Ontario' as amended or replaced from time me, an~mount wilFb ited against the development charge othe able eial to the amolji the actual costs of assessment arid clean f '"~"~rroperty, ap ved by the Municipality, but the credited amounts of exceed the total development charge payable hereu er. To obtain evelopment charge credit a Record of Site Conditio ing that an sment of the property has been done and it confor ropriate rd for the intended use must have been issued by- a +~f the E~nrironment. 23. (1) An t equa the Bevel"' ent charge that has been paid by the owner o ildir~ at has been 'l`ocated as a result of land requirements b the mun ~ ' eral governments to another property and d wi t prop nder the Ontario Heritage Act shall be paid to the o er 'anon is made to the Director of FinancelTreasurerfora '`~{~ refund a on P~ "` "lion of proof to the satisfaction of the Director that the buildin s bee o designated; however, no refund or credit shall be ~~rovided on original site of the building in question. (2) A ountual to the development charge that has been paid by the own building that has been relocated to another property and design d with that property under the Ontario Heritage Act shall be paid to the owner after application is made to the Director of FinancelTreasurerfnr a refund and upon presentation of proof to the satisfaction of the Director that the building has been so designated; however no refund or credit shall be provided on the original site of the building in question. (3) An amount equal to the applicable development charge paid at the time the building permit was issued for a dwelling unit provided that the existing dwelling unit is demolished within 6 months or such longer period as may be permitted by Council following the date of issuance of the building permit for the new dwelling unit. (4) An amount equal to the applicable development charge paid at the time the building permit was issued if the building permit was cancelled prior to the commencement of the construction of the building or structure in question. Page 13 (5) An amount equal to fifty percent of the applicable development charge paid at the time the building permit was issued for major office buildings on lands identifed in Schedule 6A and Schedule 6B and industrial development in the Municipality which is certified and registered with the LEED Canada Green Building Rating Systems (or its successor). (6) Intensifcation projects must be located within TownNillage Centres of the Municipality of Clarington Illustrated in the Land Use mapsA2, A3, A4, A5 for the Urban Areas of Courtice, Bowmanville, Newcastle, and Orono of the Clarington Official Plan. To be eligible for a refund, projects must meet the land use, urban design, and compatibility policies of the Clarington Official Plan and applicable Zoning By-law in addition to the regulations set out within this by-law. a) An amount equal to fifty percent of the applicable development charges paid at the time the building rmit was issued for commercial buildings located in intensifj areas when these projects achieve a minimum Gold certifi "on bythe GBCG underthe LEED Canada Green Building Ratin `' s. "'3ljt ~1=f (7) An amount equal to the applicable de rYtgnt cha` aid at the time the building permit was issued for p ssi Hal offices' ncillary facilities designed to be occupie imarily by medical pr nets licensed by the College of Physi' and S`" eons of Ont _ 'pon presentation of proof to the satisfa f ~~ector of ", Finance/Treasurerthot the building or' ~' ons thereof have in fact been occupied by such practiii Hers. - Interest °~'!i;; [,~I '` 24. The Municipality shall pay interesn a nder spi`f5sections 18(2), 18(3) and 25(2) of the Act at a rate equal tot ` B o "rate on the date this By-law comesintoforce. on the firs inessda feveryJanuary,April,Julyand October until date a repeal oite expiry of this By-law. 25. agreements under section 44 of the 26. Schell ` 1 - Resi htial Development Charges, Schedule 2 -Non-Residential Develop Ch s, Schedule 3 -Allocation of Residential Development Charges, 4 -Allocation of Non-Residential Development Charges, Schedule 5 ~r~ Revitalization Area - Newcastle Village, Schedule 5B - Revitalization~Area -Orono, Schedule 5C -Revitalization Area -Bowmanville, Schedule 6A-Clarington Energy Business Park and 6B-Clarington Science and Technology Park are attached to and form part of this By-law. Date By-law Effective 27. This By-law comes into farce and is effective on July 1, 2010. Date By-law Expires 28. This By-law expires fve years after the day on which it comes into force. Repeal of By-law No.2005-108 29. By-law No. 2005-108 as amended by By-law Nos. 2006-160, 2007-195 and 2008- 104, is repealed effective July 1, 2010. Page 14 Headings for Reference Onlv 30. The headings inserted inthis By-law are for convenience of reference only and shall not affect the construction or interpretation of this By-law. Severabilitv 31. If, for any reason, any provision, section, subsection or paragraph of this By-law is held invalid, it is hereby declared to be the intentlon of Council thatall the remainder of this By-law shall continue in full force and effect until repealed, reenacted or amended, in whole or in part or dealt with in any other way. This by-law read a first, second, and third time, and passed in open council this 31~` day of May, 2010. Clerk Page 15 SCHEDULE "1" RESIDENTIAL DEVELOPMENT CHARGES SCHEDULE "1" TO BY -LAW NO. 2010-3 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON RESIDENTIAL DEVELOPMENT CHARGES PER UNIT Single and Semi-Detached, ~ ° or Link $14,623 ,,~i~, ~y,~~~, Low Density Multiple $12,737~a, ~ - ` ~i ~k _ i~t~, Apartments ~ _~ - "'° ' ~I~; pS° -~;."o~~ ~~ Large $10 046 ~~~ Itl~l a ri~~i SmaP~~""7i~ ~I 70 ~ ,~ ; ~.~i ~:'` ~ ~~il(wii~lyh;~, r,~ ~~~ ~ ~iii~ t' (~~~~ ~ t 2{£~ n{ „~ ~~{{ i,, ii~~I~II ~{i~~~I~ ~ ~~~a 1!'. i '{i €it r~" ,,,,:,' fix. Page 16 1 SCHEDULE"2" i NON-RESIDENTIAL DEVELOPMENT CHARGES SCHEDULE "2" TO BY -LAW NO. 2010-Xxx THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON NON-RESIDENTIAL DEVELOPMENT CHARGES PER SQUARE METRE OF GROSS FLOOR ARF .~„ July 1, 2010 July 1, ~~7`~`'I ire+~ ii. Non-Residential $55.54 $ _ Vi'i'` ~,pa.; (excluding Industrial) ~- ~ ~~r,~,. Industrial $30.92 ,. 0.92 ~ (in; ~;'~ +,i,~~ „ ~: -:;- ~®. i.I;~ikl}il ~ ~ (>11 ~e ~~..j~ k I ~ q~pt~° n fitd i ~~~~tt SIIj~jii 4 ale ~ ;~ _iEfi' I i Al situ n ¢` ~ hN 6 ~?i~~0' Vy ~dflii'~~ IiI Ii`y i Page 17 SCHEDULE"3" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010-~(~~C ALLOCATION OF RESIDENTIAL DEVELOPMENT CHARGES Allocation General Government 1.85% Library Services 76% ill' ~~`~,. Fire Protection Services "`~' 4.40% Indoor Recreation ii=i - Rp% ~, ; Park Development and Related Fades f ~" 7.6 (t Operations (Buildings, Equipm ;r~eet)~•,; 5.18% ~~~'i Parking ~`il~ ~j ,', 0.39% ,. X11-~n4,. Roads & Related 'ii lip' ;f~,-. 3g 7g% ~; Total Devel ent Charges ,: ~~ i~~i~~~ 100% +~;e ai({it,= _e ,:`ill: Fl~III ,,,f,, ,G ~ T~~~,I;i~ -_ ~, ,~ ;l ~~r. Page 18 a a fi¢ yy~ i,,;, .i `~{ ~ i n~ .~ .. ~f~ Page 19 SCHEDULE "4" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010-C ALLOCATION OF NON-RESIDENTIAL DEVELOPMENT CHARGES Allocation Non- Residential Industrial (excluding , ' Industrial .,,~t -~ ~~:~ General Government ti! 2.6~~~ { 4.98% z,~!~ rili~' ~F'L Library Services " 0°iB 0% ~~~ 'a` ';u~T, Fire Protection Services 6.1 ~% 1 °o T Indoor Recreation rt!!..4 0~tf!:;, 0°~~='" r, Park Development and Relad F iliti i ~ ac es ~„ ~,a 0% ~I n;~~ a Operations (Buildings Equipmt 8 f ~,_;~,,. 4R„ -`'~ ~''" , Fleet) ~!i ;~~ ~~~ 13.97% _ t ~ ~~~ ~~ ~, il' Parking ! ' ~, 1i r 0:55% 1.07% ~,~ i r I a, Roads & Ref ; l!~' 83 58 ji l - f ; dL , . % 68.08% otal Dev~ ent ~'qe n tt~ ; 100% 100% a g Schedule "5A" to Development Charges By-law 2010-XXX Page 20 Revitalization Area -Newcastle Village Schedule "5B" to Development Charges By-law 2010-XXX Page 21 Revitalization Area -Orono Schedule "5C" to Development Charges By-law 2010-XXX Page 22 Revitalization Area - Bowmanville Schedule "6A" to Development Charges By-law 201 D-XXX Page 23 Clarington Energy Business Park Schedule "6B" to Development Charges By-law 2010-XXX ~~/~ ~'\ ~I ~ i --~ i II ~~ r I ~- ' L ~ ~~ ,~ ^_ ~~i ~ ~ ^~,.,..o, '~ ~ N ,,, ~ ~/ w 7~~ P ~~~ ~ s ' ~~ ~ ~ Clarington Science and Technology Park ~~~ N N Page 24