HomeMy WebLinkAbout2010-058THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-058
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 W HEREAS Council has before it a report entitled "Development Charges Background
Study, The Municipality of Clarington, April 2010" (the "Study");
AND WHEREAS Council gave notice to the public of a public meeting and held a public
meeting pursuant to section 12 of the Acton May 17, 2010, prior to which the Study and a
proposed development charges by-law were made available to the public, and Council
heard comments and representations from all persons who applied to be heard (the "Public
Meeting") and considered Report FND-013-10 dated May 17, 2010 (the "Staff Report");
AND WHEREAS staff of the Municipality considered the public comments and
representations made at the Public Meeting at the meeting of the Council held on May 31,
2010;
AND WHEREAS at its meeting on May 31, 2010, by Resolution No. C-228-10 Council
approved the recommendations contained in Report FND-013-10;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON ENACTS 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 accessorythereto, sod farms, the breeding and/orthe 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 residential portion of amixed-
use building containing 4 or more dwelling units which have a common
entrance from the street level, common halls, stairs, elevators and/or yards,
and which is not a dwelling unit or dwelling units contained in a single-
detached dwelling, asemi-detached dwelling, a townhouse (rowhouse)
dwelling, or a multiple dwelling;
Approval Authority: means the Region's Commissioner of Planning, the
Region's Land Division Committee or the Ontario Municipal Board having
jurisdiction to approve a plan of subdivision under section 51 of the Planning
Act, to grant a consent under section 53 of the Planning Act, or to approve a
description under section 50 of the Condominium Act, whichever Act is
applicable in the circumstances;
Board of Education: means a board as defined in Subsection 1(1) of the
Education Act 1997, s.o.1997, c.27, as amended;
Brownfields: means vacant or underutilized properties, with potential for
redevelopment, which are in the process of site remediation by completing a
Record of Site Condition or successor documentation under the regulations
issues by the Ministry of Environment;
Building: means a building or structure occupying an area greater than 10
square metres consisting of a wall, roof, and floor or any of them or a
structural system serving the function thereof, and includes an air-supported
structure;
Building Code 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 or 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 sanitaryfacilities,
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;
Dwelling, Linked: means a building separated vertically into two separate
dwelling units, connected underground by footing and foundation, the
horizontal distance between the interior walls of the two (2) dwelling units
above finished grade shall be in accordance with the provisions of the
Municipality's Zoning By-law, each of which has an independent entrance
directly from the outside of the building and each of which is located on a
separate lot;
Dwelling, Low Density Multiple Unit: means all residential dwelling units that
are not included in the definition of "apartment", "linked dwelling", "semi-
detached dwelling" or "single detached dwelling";
Dwelling, Mobile Home: means a dwelling unit which is designed and
constructed to be transported on its own chassis and is placed on a
foundation;
Dwelling, Multiple: means a residential building or the residential portion of a
mixed-use building which contains one or more dwelling units;
Dwelling, Semi-Detached: means a residential building divided vertically so
as to contain only two separate dwelling units each of which has an
independent entrance directly from outside of the building, is located on
separate lots, at least 50 per cent of the above-grade area of a main wall on
one side of each dwelling unit is attached to or is the same as a main wall on
one side of the other dwelling unit, building is not attached to any other
building or structure except its own garage or shed and the building has open
space on all sides of it;
Dwelling, Single-Detached: means a residential building containing onlyone
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: means 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 ordistribution.
Farm Building: means a farm building as defined in the Building Code Act;
Floor: includes a paved, concrete, wooden, gravel, or dirt floor;
Grade: means the average level of the proposed finished surface of the
ground immediately abutting each building or mixed-use building at all
exterior walls of the building or mixed-used building in question;
Gross Floor Area: means the total floor area, measured between the outside
of exterior walls or between the outside of exterior walls and the centre line
of party walls dividing the building from another building, of all floors above
the average level of finished ground adjoining the building at its exterior
walls.
Hotel: means a building providing overnight accommodation with a minimum
of 70 overnight accommodation rooms which each such room shall include a
bedroom and a bathroom combination and minimal kitchen facilities, which is
not a dwelling unit or dwelling units contained in asingle-detached dwelling,
a semi-detached dwelling, a townhouse (row house) dwelling or a multiple
dwelling and which have a common entrance from street level, common
halls, stairs, elevators and that is three stories or greater in height.
Convention meeting space facilities that are constructed within the hotel
building, on the same lot as the hotel or an abutting lot, are deemed to be
part of the hotel.
Intensification: means areas such as urban growth centres, intensification
corridors, and other opportunities that may include infill, redevelopment,
brownfield sites, the expansion or conversion of existing buildings.
Industrial: means any building located on lands having an industrial zone by
a Zoning By-law of the Municipality of Clarington and used for or in
connection with:
manufacturing, assembling, processing, fabricating, refining;
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, transportation commission,
public library board, board of park management, local board of health, police
services board, planning board, or any other board, commission, committee,
body or local authority established or exercising any power or authority under
any general or special Act with respect to any of the affairs or purposes of
the Municipality or the Region;
Lot: means a parcel of land within a registered plan of subdivision or any
land that may be legally conveyed under the exemption provided in clauses
50(3)(b) or 50(5)(a) of the Planning Act;
Major Office Building: means a building containing business administrative
and or professional offices and associated ancillary services containing a
minimum of 5 000 square metres of gross floor area.
Mezzanine: means a mezzanine as defined in the Building Code Act;
Mixed-Use Building: means a building used, designed, or intended to be
used eitherfor use for a combination ofnon-residential and residential areas
and uses, or for a combination of different classes ortypes of non-residential
areas and uses;
Municipality: means The Corporation of the Municipality of Clarington;
Non-Residential: means buildings or portions of mixed-use buildings
containing floors or portions of floors contained therein which are used,
designed or intended to be used for a purpose which is not a residential
purpose;
Owner: means the owner of land or a person who has made application for
an approval forthe development of land against which 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 exteriorface(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 or erected or placed on
land used exclusively by a realtor, builder, developer or contractor on a
temporary basis for the sale, display and marketing of residential lots and
dwellings within a draft approved subdivision or condominium plan, or means
a building constructed or erected or placed on land for a continuous period
not exceeding twelve months, or an addition or alteration to a building or
structure that has the effect of increasing the total floor area thereof for a
continuous period not exceeding twelve months.
Total Floor Area: in the case of buildings other than mixed-use buildings,
means the sum total of the total areas of the non-residential floors
contained in the building that are not exempt from development charges
imposed by this By-law, whether at, above, or below grade, measured
between the exterior faces of the exterior walls of the building. In the case
of mixed-use buildings that contain a combination of residential, and/or
non-residential areas or uses that are not exempt from development
charges imposed by this By-law, "total floor area" means the sum total of
each of total areas of the non-residential floors, or the sum total of the
non-residential portions of the floors contained in the mixed-use building
that are not exempt from development charges imposed by this By-law,
whether at, above or below grade, and (1) where the total area of the floor
is comprised of non-residential areas or uses that are not exempt from
development charges, total floor area shall be measured between the
exterior faces of the exterior walls of the mixed-use building, and (2)
where one or more potions of a floor of the mixed-use building comprise
non-residential areas or uses that are not exempt from development
charges and another portion(s) of the same floor that either is a residential
area or use, or is anon-residential area or use which is not exempt from
development charges imposed by this By-law, total floor area shall be
measured 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) or non-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 does not have any retail
activity or storage for retail purposes. Except as otherwise provided in this
definition, in all cases, "total floor area":
a. includes the floor area of a mezzanine, an air-supported structure,
interior corridors, lobbies and common areas, and the space
occupied by interior wall partitions, and
b. excludes any areas of the building or mixed-use building used for
elevators, enclosed garbage storage areas, loading facilities,
mechanical equipment related to the operation or the maintenance
of the building or mixed-use building, parking of motor vehicles,
retail gas pump canopies, stairwells, and any separately enclosed
garbage storage area.
Zoning By-law: means the Municipality's By-law No. 84-63 and By-law No.
2005-109, as amended, as may be further amended or replaced from time to
time.
(2) In this By-law, unless the context otherwise requires, the singular includes
the plural and the plural includes the singular.
Rules
2. (1) The rules developed under paragraph 9 of subsection 5(1) of the Act for
determining if a development charge is payable in any particularcase and for
determining the amount of the development charges that are payable are set
forth in sections 8 to 16, inclusive, and section 22 of this By-law.
(2) The exemptions provided for are the exemptions set forth in sections 18 to
21, inclusive 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
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 purpose of this By-law:
a. General Government;
b. Library Services;
c. Emergency Services;
d. Indoor Recreation;
e. Park Development and Related Facilities;
f. Operations (Buildings, Equipment and Fleet);
g. Parking;
h. Roads and Related; and
i. Storm Water Drainage and Control Services.
(3) The allocations of the residential development charges and the non-
residential development charges imposed by this By-law, to the designated
services referred to in subsection 6(2) are set out in Schedules "3" and "4",
respectively, hereto.
Imposition of Development Charges
7. Except as otherwise provided in this By-law, development charges are imposed
against land if the development of the land requires any one or more of the following
actions or decisions:
(1) The passing of a zoning by-law or of an amendment thereto under section 34
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;
(6) 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.
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 more of the actions or decisions referred to in section 7 are required
before the land in question can be developed.
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 ordecision 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 charges shall be paid prior
to the action or the decision referred to in section 7 being taken or being made.
11. If the development of land is such that it does not require that a building permit be
issued before the development is commenced, but the development does require
one or more of the other actions or decisions referred to in section 7 be taken or
made before the development is commenced, development charges shall be
payable in respect of any increase in or additional development permitted by such
action or decision prior to the action or decision required for the increased or
additional development in question being taken or being made.
12. (1) Nothing in this By-law shall prevent the Municipality or an approval authority
from requiring, as a condition of an agreement under sections 51 or 53 of the
Planning Act, that the owner of land, at his or her own expense, install such
local services related to a plan of subdivision or within the area to which the
plan relates, as the approval authority may require, or that the owner pay for
local connections to storm drainage facilities installed at the owner's
expense, or administrative, processing, or inspection fees.
(2) Without derogating from subsection 12 (1), nothing in this By-law shall
prevent the Municipality or an approval authority from requiring as a condition
of any approval given under the Planning Act that the owner, at the owner's
expense, shall install such services as may be determined by the
Municipality or the approval authority in accordance with the applicable law.
Basis of Calculation of Development Charges
13. Subject to section 16 the development charges imposed by this By-law shall be
calculated as follows:
(1) In the cases 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 Charges
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-
residential components 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 Charges
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 number 62-007) based on the 12
month period most recently available.
Timing of Calculation and Pavment
16. (1) The residential development charges set out in Schedule "1" hereto are
payable in full on the effective date of this by-law.
(2) The non-residential development charges set out in Schedule "2" are
payable in full commencing on the effective date of this by-law.
(3) Subject to subsections 16(1) and 16(2), and except as provided in section 22
of this By-law, development charges shall be calculated as of, and shall be
payable on the date the first building permit is issued for the development of
the land against which the development charges imposed by this By-law
apply.
Pavment by Money
17. Payment of development charges shall be by cash or by certified cheque.
Rules with Respect to Exemptions for Existing Residential
18. This By-law does not apply to impose development charges if the only effect of any
action or decision referred to in section 7 is:
(1) An interior alteration to an existing residential building or structure which
does not change or intensify the use of the land;
(2) The enlargement 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 Buildings
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 used, designed or intended for
use for school purposes including the administration or the servicing of
schools;
(5) Buildings owned by, or where a long term lease of 20 years or longer has
been entered into, and used, designed or intended for use for the purposes
of a college of applied arts and technology established pursuant to the
Ministry of Colleges and Universities Act, R.S.O. 1990, c.M.19, as amended
or replaced from time to time;
(6) Buildings owned by, or where a long term lease of 20 years or longer has
been entered into, and used, designed and intended for use forthe purposes
of a university established by an Act of the Legislative Assembly of Ontario;
(7) Buildings or parts thereof located either in the Clarington Science Park orthe
Clarington Energy Park as shown on the plans contained in Schedule '6'
hereto, that are used, designed or intended to be used for the purpose of
research facilities, laboratories, offices, amenity areas and service areas for
staff who conduct research, with evidence provided to the satisfaction of the
Director of Finance/Treasurer;
(8) Buildings owned by a corporation or organization registered as a charity
for the purposes of the Income Tax Act R.S.C. 1985, Chapter 1 (5th
Supp.) as it may be amended or replaced from time to time, and used,
designed, or intended for use for any residential or for any non-residential
purpose of the not-for-profit corporation or organization in question;
(9) The gross floor area of the conversion where, as a result of development of
land located in a 'revitalization area' as shown on the map contained in
Schedule `5' hereto, a building is converted in whole or in part to a different
use; and
(10) Buildings constructed after July 1, 2006 for the purpose of a hotel.
(11) Intensification projects must be located within TownNillage Centres of the
Municipality of Clarington Illustrated in the Land Use maps A2, A3, A4, A5 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 Respect to the Exemption of Temporary Buildings
21. (1) Temporary buildings are exempt from the development charges imposed by
this By-law.
(2) In the event that a temporary building becomes protracted, it shall be
deemed not to be, or ever to have been a temporary building, and the
development charges required to be paid by this By-law shall become
payable on the date on which the temporary building becomes protracted.
(3) Prior to an action or decision referred to in section 7 of this By-law being
taken or being made in respect of the development of a temporary building,
the Municipality, pursuant to section 27 of the Act, may require an owner to
enter into an agreement which may include the provision of security for the
owner's obligation under the agreement and which agreement shall provide
for all or part of the development charges to be paid after the date on which
they would otherwise be payable under subsections 16(1) or 16(2) ofthis By-
law,whichever isapplicable. The terms of such agreement shall prevail over
the provisions of subsections 16(1), 16(2) and 16(3) of this By-law.
Rules with Respect to Credits
22. (1) Where, as a result of the redevelopment of land, a building or existing
structure is to be converted to another use, in whole or in part, or converted
from one principal use to another principal use on the same land or such
building or structure is destroyed in whole or in part by fire, explosion or Act
of God or is demolished and reconstructed for the same purpose forwhich it
was put before it was destroyed, the development charges otherwise payable
with respect to such redevelopment or reconstruction shall be reduced by the
following amounts:
a. in the case of a residential building or the residential portion of a
mixed-use building or structure, an amount calculated by multiplying
the applicable development charges under the Schedule 1 of this By-
law by the 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 or structure as the
case may be.
(4) Notwithstanding subsection 22(1) no credit will be provided when:
a. the demolished building or structure 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 this By-law.
(5) Where a development charge is payable fora development or re-
development of brownfield lands, with the exception of development or
redevelopment of brownfield lands for the purpose of a gasoline service
station, which requires the clean up of lands underthe Ontario Ministry of the
Environment's "Guideline for Use at Contaminated Sites in Ontario" as
amended or replaced from time to time, an amount will be credited against
the development charge otherwise payable equal to the amount ofthe actual
costs of assessment and clean up of the property, approved by the
Municipality, but the credited amount shall not exceed the total development
charge payable hereunder. To obtain the development charge credit a
Record of Site Condition certifying that an assessment of the property has
been done and it conforms to an appropriate standard for the intended use
must have been issued by the Ministry of the Environment.
Rules Respecting Refunds
23. (1) An amount equal to the development charge that has been paid by the
owner of a building that has been relocated as a result of land requirements
by the municipal, provincial or federal governments to another property and
designated with that property under the Ontario Heritage Act shall be paid to
the ownerafterapplication is made to the Director of Finance/Treasurerfora
refund and upon presentation of proof to the satisfaction of the Directorthat
the building has been so designated; however, no refund or credit shall be
provided on the original site of the building in question.
(2) An amount equal to the development charge that has been paid by the
owner of a building that has been relocated to another property and
designated with that property under the Ontario Heritage Act shall be paid to
the owner after application is made to the Directorof Finance/Treasurerfor 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
identified 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) Intensification projects must be located within Town/Village Centres of the
Municipality of Clarington I Ilustrated in the Land Use maps A2, 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 permit was issued for
commercial buildings located in intensification areas when these
projects achieve a minimum Gold certification by the GBCG underthe
LEED Canada Green Building Rating Systems.
(7) An amount equal to the applicable development charge paid at the time
the building permit was issued for professional offices and ancillary
facilities designed to be occupied primarily by medical practitioners
licensed by the College of Physicians and Surgeons of Ontario upon
presentation of proof to the satisfaction of the Director of
Finance/Treasurerthst the building or portions thereof have in fact been
occupied by such practitioners.
Interest
24. The Municipality shall pay interest on a refund under subsections 18(2), 18(3) and
25(2) of the Act at a rate equal to the Bank of Canada rate on the date this By-law
comes into force updated on the first business day of every January, April, July and
October until the date of the repeal or the expiry of this By-law.
Front-Ending Agreements
25. The Municipality may enter into front-ending agreements under section 44 of the
Act.
Schedules
26. Schedule 1 -Residential Development Charges, Schedule 2 -Non-Residential
Development Charges, Schedule 3 -Allocation of Residential Development
Charges, Schedule 4 -Allocation of Non-Residential Development Charges,
Schedule 5A - 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 force and is effective on July 1, 2010.
Date By-law Expires
28. This By-law expires five 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 Only
30. The headings inserted in this By-law are for convenience of reference only and shall
not affect the construction or interpretation of this By-law.
Severability
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 intention of Council that all 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 31St day of
May, 2010.
_~=
J~ neiki~May9r _ --
---"~+X'
. Ann ee ree, Deputy Clerk
Page 15
SCHEDULE "1"
RESIDENTIAL DEVELOPMENT CHARGES
SCHEDULE "1" TO BY -LAW NO. 2010-058
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
RESIDENTIAL DEVELOPMENT CHARGES PER UNIT
July 1, 2010 January 1, 2011
Single and Semi-Detached,
or Link $14,143 $14,500
Low Density Multiple $12,329 $12,630
Apartments
Large $ 9,700 $ 9,963
Small $ 6,152 $ 6,316
Page 16
SCHEDULE"2"
NON-RESIDENTIAL DEVELOPMENT CHARGES
SCHEDULE "2" TO BY -LAW NO. 2010-058
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
NON-RESIDENTIAL DEVELOPMENT CHARGES PER
SQUARE METRE OF GROSS FLOOR AREA
July 1, 2010 July 1, 2011
Non-Residential
(excluding Industrial) $55.20 $59.44
Industrial $30.24 $30.24
Page 17
SCHEDULE"3"
THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
BY-LAW NO. 2010-058
ALLOCATION OF RESIDENTIAL DEVE LOPMENT
CHARGES
Allocation
General Government 1.86%
Library Services 5.81
Fire Protection Services 4.44%
Indoor Recreation 36.30%
Park Development and Related Facilities 7.68%
Operations (Buildings, Equipment & Fleet) 4.41%
Parking 0.39%
Roads & Related 39.11
Total Development Charge 100%
Page 18
SCHEDULE "4"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-058
ALLOCATION OF NON-RESIDENTIAL DEVELOPMENT CHARGES
Allocation
Non-
Residential
(excluding Industrial
Industrial
General Government 2.59% 5.09%
Library Services 0% 0%
Fire Protection Services 6.19% 12.17%
Indoor Recreation 0% 0%
Park Development and Related
Facilities 0% 0%
Operations (Buildings, Equipment &
Fleet) 6.12% 12.04%
Parking 0.56% 1.09%
Roads & Related 84.54% 69.61
Total Development Charge 100% 100%
Page 19
Schedule "5A" to Development Charges By-law 2010-058
Page 20
Revitalization Area -Newcastle Village
~ Schedule "5B" to Development Charges By-law 2010-058 ~
Page 21
Revitalization Area -Orono
~ Schedule "5C" to Development Charges By-law 2010-058 ~
Page 22
Revitalization Area - Bowmanville
~ Schedule "6A" to Development Charges By-law 2010-058 ~
Page 23
Clarington Energy Business Park
~ Schedule "6B" to Development Charges By-law 2010-058 ~
Page 24
Clarington Science and Technology Park