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HomeMy WebLinkAboutPSD-070-10 Clarington Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 7, 2010 Resolution #: (y'PR'83G'~D By-law#: o?~/D- 070 Report #: PSD-070-10 File #: PLN 20.5 Subject: AMENDMENT TO APPLICATION FEES BY-LAW REMOVAL OF FEES FOR PLANNING APPLICATION CIRCULATION BY OTHER LOCAL MUNICIPALITIES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-070-10 be received; 2. THAT the By-law Amendment attached to Report PSD-070-10, 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; and 3. THAT neighbouring Municipalities be advised of Council's decision. ~~~~ ~~ Submitted. by: Reviewed by: e Lan aid, FCSLA, MCIP Franklin Wu, ~ting Dir ctor of Planning Services Chief Administrative Officer RH/CP/df 20 May 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON ONTARIO L1C 3A6 T (905)623-3379 F REPORT NO.: PSD-070-10 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. Periodically, staff survey other Municipalities in the Region of Durham to ensure that our fees are similar. 1.2 In December 2008, the Fee By-law was amended to add fees for the circulation of planning applications by other local municipalities. This increase was suggested in order to increase revenues and offset the cost of Municipal staff time required to review the applications, prepare comments, and provide and monitor conditions of approval. 1.3 The Fee By-law was last reviewed and amended by Council on December 7, 2009, and came into effect January 1, 2010. 1.4 Although the recently amended Fee By-law retained the fees added in December 2008 for the circulation of planning applications by local municipalities, it is now recommended that the By-law be further amended to remove these additional fees. 2.0 FEES FOR PLANNING APPLICATION CIRCULATION BY OTHER LOCAL MUNICIPALITIES 2.1 The Municipality's Fee Schedule By-law requires a fee for the review of any Region of Durham Official Plan amendment application. In addition, as stipulated in the Planning Act, the Municipality is also circulated a variety of planning applications within 1,000 metres of a municipal boundary by a neighbouring Municipality, 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. 2.2 In December 2008, the Fee By-law was amended to include the following circulation fees for planning applications from other local municipalities, coming into effect January 1, 2009: Official Plan Amendment $1,200 Rezoning Application $2,000 Draft Plan of Subdivision $2,000 2.3 These fees were added in an effort to increase revenue sources for the Planning Services Department during a time when revenues were low. However, during 2009, no applications from other municipalities were circulated to the Municipality, and thus no review fees were collected. The Municipality was therefore unable to gauge the feasibility of collecting these new fees. REPORT NO.: PSD-070-10 PAGE 3 2.4 Although neighbouring municipalities are willing to request this fee of an applicant, if the applicant is unwilling to pay, the Municipality has no real recourse as we are not a legislated approval authority. Rather than not provide comments where a fee has not been paid, staff recommend deletion of this fee. 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, to remove the fees for the circulation of planning applications by other local municipalities. Staff Contact: Robin Heathcote Attachments: Attachment 1 - By-law Amendment CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010- ATTACHMENT1 TO REPORT PSD-70-10 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; WHEREAS Section 391(1) of the Municipal Act provides for municipalities to impose fees or charges for services or activities provided or done by or on behalf of it; 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 schedules attached hereto and forming part of this By-law shall apply for the specified documents; services, applications and inspections commencing July 1, 2010. BY-lAW read a first time this day of 2010 BY-LAW read a second time this day of 2010 BY-LAW read a third time and finally passed this day of 2010 Abernethy, Mayor Patti L. Barrie, Municipal Clerk SCHEDULE "B" TO BY-LAW 2010- FEES PRESCRIBED BY THE DIRECTOR OF PLANNING SERVICES The effective date for the followin fees is Jul 1, 2010 Official Plan Amendment MinorA lication $5,163 Ma orA lication noief $12,390 A re ate Pit or Quar $25,813 Ado tion of Amendment $2,127 Re final Offcial Plan Amendment Review $1,276 ROPA Review not art of a local OPA $2,127 Nei hbourhood Desi n Plan $15,488 Nei hbourhood Desi n Plan Amendment $3,190 + Facilit Rental Zonin B -Law Amendment Ma or note 3 $5,317 Minor $2,127 Removal of Holdin S mbol $2,127 Removal of Environmental Holtling. Symbol Zonin B -law 2005-109 $505 Drak Plan of Subdivision Residential - $10,635+ $268funit $54 fora artment unit Non-Residential $5,317 Pre oration of Subdivision A reement nose 5 $3,098 Amendment to Subdivision A reement note 5 $638 Plans fora royal onl no a reement $957 Red Line Revisions to Draft A roved Plan of Subdivision Ma or - $7,976 lus $266 additional er unit ($54 era artment pp Minor - $2,127 lus $266 additional eruni[ $54 era anment Ma'or Revisions to Subdivision Iica0ons Not Draft A roved i Where a lication fled nor to Jul 1, 2000 $10,635 lus $266 er unit $54 era artment unit ii Where a lication filed between Jul 1, 2000 [o Dec. 31, 2006 $5,317 lus $266 r unit $54 era artment unit iii Where a lication filed after December 31, 2006 $5,317 Subdivision Clearance $2,127 Extension of Drafl Plan A royal $2,127 Dreg Plan of Condominium Residential and Non Residential $5,317 + $27lunit A lication for Condominium Conversion $5,317 + $27/unit Condominium A reement note 5 $3,098 Condominium A reement Amendment note 5 $638 Condominium Clearance $1,595 Part Lot Control $774+ $52lunit maximum $8,2600 Site Plan A royal Telecommunication Towers $5,160 Residential Uses $3,190 + $207/unit Commercial Uses $3,190+$27/100m2 commercial ross floor area Mixed Use Building $3,190 + $27/100m2 commercial gross floor area + $54/residential unit maximum $15,952 IndustriallOther Uses $1,291 + $10f100m2 ross floor area maximum $7,9760 Amendment-Residential Uses $638+$27/unit maximum $5,317 Amendment -Commercial Uses $1,595 + 27/100m2 commercial ross floor area maximum $15,952 Amendment -Mixed Use $1,595 + $2711 ODm2 commercial gross floor area + $27lresidential unit maximum $15,952 Amendment -Industrial/Other Uses $638 + $11/100m2 ross floor area maximum $6,381 Minor Site PlanlOak Rid es Moraine note 2 $532 Sales Trailer! Model Home $1,063 A reement and A reement Amendment note 5 $372 Landscape Inspection Fee for projects with greater than 2500 s .m. of floor area, or 25 units or reefer 0.5 % of the lantlscape cost estimate with a minimum of $1,000 Committee of Ad'ustment Minor Variance note 4 $q5y Tablin Fee a licant initiated $106 Re-circulation Fee a licant initiated $igg Si n Permit Permanent $155 Temporary $75 Si n B -law Amendment $1,033 Variance A artment in,Hause Clearance Letter $516 $53 a lication, $53 final certificate Zonin $112 Subdivision $112 Miscellaneous $112 Develo m¢nVServicin A reement note 5 $372 Lantl Division Review Fee $304 Develo men[ A reement note 5 $373 A Peer Review u pplicant shall be responsible for the Municipality's full costs of ndertakin a Peer Review Comments on applications under the Gmen Ener Act $5,160 Street Name Change Request $1,595 Application Requiring An Open House or Additional Public Meeting (additional fee far each subsequent public meeting) $1,063 + Facility Rental Application Requiring Additional Public Meeting (additional fee far each subsequent public meeting where notice is provided through the local newspaper) $1,595 t Facility Rental Ontario Municipal Boartl Related Administration Fee SeeNote 8 Application Involving Review Under EPA and/or EAA Process (additional fee) $12,000 Publications Ma s -Small $4.39 - Medium $6.77 -Lar a $13.16 Aerial Photo rah Colour $4.39 Official Plan Colour Ma $2.63 Clarin ion Official Plan $70.75 Clarin ton Zonin B -law $70.75 Clarin ton Street Name Index $42.45 Studies -Under 40 a es $12.00 - 40 to 100 a es $24.00 - 100 to 200 a es $40.00 -over 200 a es $60.00 - CD $15.00 Note i The fallowing are criteria for determining what constitutes a Major Official Plan Amendment application: • 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 o(Future Urban Residential lands; • Hamlet expansion where a settlement capacity study is required; Commercial Development greater than 2,500 m~; • Deletion or addition of arterial or cellector road; and/or • Any application that tlue to the broatler policy impllaatlon5 for the MunlLlpallly would require the need to review or manage Slutlies, or any application deemed to be major by the Director of Planning Services. Note 2 The following are criteria far determining what wnsfitutes 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 2005-109; A dog kennel, agricultural tourism use, and similarly-scaled uses; and/or • A minoral[eration to an existing site plan to revise parking, add a patio, add a storage building, revise signage, adtl or delete portables, etc. Note 3 The following are ui[eria far determining what constitutes a major Zoning By-law Amendment application: • Associated with an ORcial Plan Amendment; • Associated with an application for proposed Plan of 6ubtlivision; • Application involving multiple properties; and/or Any application that requires the review oftechnical support documents or studies (e.g. environmental analyses, Iransponation studies, retail market studies) Note 4 Minor Variance applications for the construction or placement of an accessibility device to provide access to asingle-detached/ link or townhouse dwelling is exempt from the fee. An "accessibility device" is defined as a device including a ramp that aids persons with physical disabilities in gaining access to a dwelling unit. 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-proft housing organization will be reduced by 50 % . Noie 8 In addition to the fees set out for Planning Ad APPlications, the total fees payable shall include all fees associated with supporting an applicant at a hearing where the application was approved by Municipal Council including Municipal legal fees and consultanVwilnessfties where required, but ezUUding the costs of the Planning Department staff. These additional fees shall be collected through the process set out in a cost acknowledgement agreement which must be signed and submitted as pan of the Planning AC Applications.