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HomeMy WebLinkAbout2021-011If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law Number 2021-011 Being a by-law to impose area -specific development charges against land in the Municipality of Clarington pursuant to the Development Charges Act, 1997 Whereas subsection 2(1) of the Development Charges Act, 1997, S.O. 1997, c.27 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. Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of Clarington enacts as follows: Part 1 — Interpretation Definitions 1. In this by-law, "accessory", where used to describe a building or structure, means that the building or structure or part thereof that is naturally and normally incidental, subordinate in purpose or floor area or both, and exclusively devoted to a principal use, building or structure; "Act" means the Development Charges Act, 1997, S.O. 1997, c.27; "air -supported structure" has the same meaning as in the Building Code Act, 1992; "apartment building" means (a) a residential building (other than a fourplex or sixplex) containing 4 or more dwelling units that have a common entrance to grade, common corridors, stairs and/or yards; and (b) the residential portion of a mixed -use building containing 4 or more dwelling units that are located behind or above a non-residential use and may have a separate entrance to grade, and includes stacked townhouse; "bedroom" means a habitable room, including a den, study, loft, or other similar area, but does not include a living room, a dining room, a bathroom, or kitchen; "building" means a building or structure that occupies an area greater than 10 square metres consisting of a wall, roof and floor or a structural system serving the function thereof, and includes an air -supported structure; "Building Code Act, 1992" means the Building Code Act, 1992, S.O. 1992, c.23 and all Regulations thereunder including the Ontario Building Code, 2012; "Council" means Council of the Municipality; "development" means any activity or proposed activity in respect of land that requires one or more of the actions or decisions referred to in section 12 and includes redevelopment; "development charge" means a development charge imposed by this by-law; "duplex" means a residential building containing 2 dwelling units divided horizontally from each other; "dwelling unit" means one or more habitable rooms designed or intended to be used together as a single and separate housekeeping unit by one or more persons, containing its own full kitchen and sanitary facilities, with a private entrance from outside the unit itself; "existing" means the number, use and size that existed at least 2 years before the date of building permit application; "fourplex" means a pair of duplexes divided vertically from the other by a common wall; "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; "gross floor area" means the total area of all floors, whether above or below grade, measured between the outside surfaces of exterior walls, or between the outside surfaces of exterior walls and the centre line of a party wall or a demising wall as the case may be, including mezzanines, air -supported structures, interior corridors, lobbies, basements, cellars, half -stories, common areas, and the space occupied by interior walls or partitions, but excluding any areas used for, (a) loading bays, parking of motor vehicles, retail gas pump canopies; and (b) enclosed garbage storage in an accessory building; "heritage building" means a building designated under section 29 of the Ontario Heritage Act, R.S.O. 1990, c. 0.18 and, for purpose of subsection 36(7), includes any building identified as "primary resource" in the registry maintained by the Municipality pursuant to section 28 of such Act; "industrial", in reference to use, means any land, building or structure or portions thereof used, designed or intended for or in connection with manufacturing, producing, processing, fabricating, assembling, refining, research and development, storage of materials and products, truck terminals, warehousing, but does not include, (a) retail service sales or rental areas, storage or warehousing areas used, designed or intended to be used in connection with retail sales, service or rental areas, warehouse clubs or similar uses, self -storage mini warehouses, and secure document storage; and (b) office areas that are not accessory to any of the foregoing areas or uses or accessory office uses that are greater than 25% of the gross floor area of the building; "institutional", in reference to use, means development of a building or structure intended for use, (a) as a long-term care home within the meaning of subsection 2 (1) of the Long -Term Care Homes Act, 2007; (b) as a retirement home within the meaning of subsection 2 (1) of the Retirement Homes Act, 2010; (c) by any of the following post -secondary institutions for the objects of the institution: (i) a university in Ontario that receives direct, regular and ongoing operating funding from the Government of Ontario, (ii) a college or university federated or affiliated with a university described in subclause (i), or (iii) an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institutes Act, 2017; (d) as a memorial home, clubhouse or athletic grounds by an Ontario branch of the Royal Canadian Legion; or (e) as a hospice to provide end of life care. "linked building" means a residential building that is divided vertically so as to contain only two separate dwelling units, connected underground by footing and foundation, each of which has an independent entrance directly from the outside of the building and is located on a separate lot; "lot" means a parcel of land within a registered plan of subdivision or any land that may be legally conveyed under the exemptions provided in clause 50(3)(b) or 50(5)(a) of the Planning Act; "mezzanine" has the same meaning as in the Building Code Act, 1992; "mixed -use building" means a building used, designed or intended to be used either for a combination of non-residential and residential areas and uses, or for a combination of different classes or types of non-residential areas and uses; "mobile home" means a dwelling unit that is designed to be made mobile, and constructed or manufactured to provide a permanent or temporary residence for one or more persons, but does not include a travel trailer or tent trailer; "multiple unit building" means a residential building or the portion of a mixed -use building that contains multiple dwelling units (other than dwelling units contained in an apartment building, linked building, semi-detached building or single detached dwelling) and includes plexes and townhouses; "Municipality" means The Corporation of the Municipality of Clarington or the geographic area of the Municipality of Clarington, as the context requires; "net hectare" means the area in hectares of a parcel of land exclusive of the following: (a) lands conveyed or to be conveyed to the Municipality of Clarington or the Region of Durham or a local board thereof; (b) lands conveyed or to be conveyed to the Ministry of Transportation for the construction of provincial highways; (c) hazard lands conveyed or to be conveyed to a conservation authority as a condition of development; and (d) lands for centralized storm water management facilities and naturalized channel areas; "non -industrial" in reference to use, means lands, buildings or structures used or designed or intended for use for a purpose which is not residential or industrial; "non-profit housing development" means development of a building or structure intended for use as residential premises by, (a) a corporation without share capital to which the Ontario Corporations Act (or its successor legislation) applies, that is in good standing under that Act and whose primary object is to provide housing; (b) a corporation without share capital to which the Canada Not -for -profit Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing; or (c) a non-profit housing co-operative that is in good standing under the Co- operative Corporations Act; "non-residential", in reference to use, means a building or portions of a mixed - use building containing floors or portions of floors which are used, designed or intended to be used for a purpose which is not residential, and includes a hotel, motel and a retirement residence; "owner" means the owner of land or a person who has made application for an approval for the development of land against which a development charge is imposed; "party wall" means a wall jointly owned and jointly used by 2 parties under an easement agreement or by right in law and erected on a line separating 2 parcels of land each of which is, or is capable of being, a separate lot; "Planning Act" means the Planning Act, R.S.O. 1990, c. P.13; "plex" means a duplex, triplex, fourplex or sixplex; "rental housing" means development of a building or structure with four or more dwelling units all of which are intended for use as rented residential premises; "residential", in reference to use, means a building or a portion of a mixed -use building and floors or portions of floors contained therein that are used, designed or intended to be used as living accommodation for one or more individuals provided in dwelling units and any building accessory to such dwelling units; "retirement residence" means a residential building or the residential portion of a mixed -use building that provides living accommodation, where common facilities for the preparation and consumption of food are provided for the residents of the building, and where each unit or living accommodation has separate sanitary facilities, less than full kitchen facilities and a separate entrance from a common corridor; "retirement residence unit" means a unit within a retirement residence; "semi-detached building" means a residential building that is divided vertically so as to contain only two separate dwelling units, each of which has an independent entrance directly from outside of the building; "service" means a service designated by section 10; "single -detached dwelling" 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 and has no dwelling units either above it or below it, and includes a mobile home; "sixplex" means a pair of triplexes divided vertically one from the other by a common wall; "stacked townhouse" means a building, other than a plex, townhouse or apartment building, that contains at least 3 attached dwelling units that (a) are joined by common side walls with dwelling units entirely or partially above another; and (b) have a separate entrance to grade; "townhouse" means a building, other than a plex, stacked townhouse or apartment building, that contains at least 3 attached dwelling units, each of which (a) is separated from the others vertically; and (b) has a separate entrance to grade; "triplex" means a residential building containing 3 dwelling units; and "Zoning By-laws" means the Municipality's By-law No. 84-63 and By-law No. 2005-109. References 2. In this by-law, reference to any Act, Regulation, Plan or By -Law is reference to the Act, Regulation, Plan or By -Law as it is amended or re-enacted from time to time. 3. Unless otherwise specified, references in this by-law to Schedules, Parts, sections, subsections, clauses and paragraphs are to Schedules, Parts, sections, subsections, clauses and paragraphs in this by-law. Word Usage 4. This by-law shall be read with all changes in gender or number as the context may require. 5. In this by-law, a grammatical variation of a defined word or expression has a corresponding meaning. Schedules 6. The following Schedules are attached to and form part of this by-law: Schedule 1 — Clarington Technology Park Area -Specific Development Charge Schedule 2 — Clarington Technology Park Development Charge Area Classification and Benefitting Properties Severability 7. If, for any reason, any section or subsection 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, re-enacted or amended, in whole or in part or dealt with in any other way. Part 2 — Development Charges Designated Services 8. It is hereby declared by Council that development within the Clarington Technology Park in the Municipality will increase the need for Stormwater Management Services. 9. Development charges shall apply without regard to the services which in fact are required or are used by any individual development. 10. Development charge shall be imposed for the following categories of service to pay for increased capital costs required because of increased needs for services arising from development: (a) Storm Water Management Services. Rules 11. For the purpose of complying with section 6 of the Act, the following rules have been developed: (a) The rules for determining if a development charge is payable in any particular case and for determining the amount of the charge shall be in accordance with sections 12 through 20. (b) The rules for determining the indexing of development charges shall be in accordance with section 21. (c) The rules for determining exemptions shall be in accordance with Part 3 (sections 22 through 25). (d) The rules respecting redevelopment of land shall be in accordance with Part 4 (section 26). (e) This by-law does not provide for any phasing in of development charges. (f) This by-law applies to all lands within the Clarington Technology Park, as defined in Schedule 2, in the Municipality. Imposition of Development Charges 12. Development charges shall be imposed on all land, buildings or structures that are developed if the development requires, (a) the passing of a zoning by-law or of an amendment thereto under section 34 of the Planning Act; (b) the approval of a minor variance under section 45 of the Planning Act, (c) a conveyance of land to which a by-law passed under subsection 50(7) of the Planning Act applies; (d) the approval of a plan of subdivision under section 51 of the Planning Act, (e) a consent under section 53 of the Planning Act, (f) the approval of a description under section 50 of the Condominium Act, 1998, S.O. 1998, c.19; or (g) the issuing of a permit under the Building Code Act, 1992 in relation to a building or structure. 13. Not more than one development charge for each service shall be imposed upon any land, building or structure whether or not two or more of the actions or decisions referred to in section 12 are required before the land, building or structure can be developed. 14. Notwithstanding section 13, if two or more of the actions or decisions referred to in section 12 occur at different times, additional development charges shall be imposed in respect of any increase in or additional development permitted by the subsequent action or decision. Basis of Calculation 15. Development charges for all services shall be calculated based on the number of net hectares of the entire parcel of land on which development will occur in accordance with benefits accrued per Schedule 2. Amount 16. The amount of the development charges payable in respect of development shall be determined in accordance with clause 15 and Schedule 1. Timing of Calculation 17. (1) The total amount of a development charge is the amount of the development charge that would be determined under the by-law on, (a) the day an application for an approval of development in a site plan control area under subsection 41(4) of the Planning Act was made in respect of the development that is subject of the development charge; (b) if clause (a) does not apply, the day an application for an amendment to a by-law passed under section 34 of the Planning Act was made in respect of the development that is the subject of the development charge; or (c) if neither clause (a) or clause (b) applies, the day the first building permit is issued for the development that is the subject of the development charge. (2) Subsection (1) applies even if this by-law is no longer in effect. (3) Where clause (1)(a) or (b) applies, interest shall be payable on the development charge, at the rate established by the Municipality's Interest Rate Policy, from the date of the application referred to in the applicable clause to the date the development charge is payable. (4) If a development was the subject or more than one application referred to in clause (1)(a) or (b), the later one is deemed to be the applicable application for the purposes of this section. (5) Clauses (1)(a) and (b) do not apply if, on the date the first building permit is issued for the development, more than two years has elapsed since the application referred to in clause (1)(a) or (b) was approved. (6) Clauses (1)(a) and (b) do not apply in the case of an application made before January 1, 2020. Timing of Payment 18. (1) Subject to subsections 18(2) and 18(3), development charges shall be payable in full on the date the first building permit is issued for the development of the land against which the development charges apply. (2) Notwithstanding Subsection 18(1), development charges for rental housing and institutional developments are payable in 6 installments commencing with the first installment payable on the date of occupancy, and each subsequent installment, including interest, payable on the anniversary date each year thereafter. (3) Notwithstanding Subsection 18(1), development charges for non-profit housing developments are payable in 21 installments commencing with the first installment payable on the date of occupancy, and each subsequent installment, including interest, payable on the anniversary date each year thereafter. (4) 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 requires one or more of the other actions or decisions referred to in section 12 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 being taken or made. (5) In accordance with section 27 of the Act, where temporary buildings are being developed, the Municipality may enter into an agreement with a person who is required to pay a development charge providing for all or any part of a development charge to be paid after it would otherwise be payable. (6) For the purpose of subsections 18(2) and 18(3) herein, "interest" means the interest rate outlined in the Municipality's Interest Rate Policy. Method of Payment 19. Payment of development charges shall be in a form acceptable to the Municipality. Unpaid Charges 20. Where a development charge or any part of it remains unpaid at any time after it is payable, the amount shall be added to the tax roll and collected in the same manner as taxes. Indexing 21. The development charges set out in Schedule 1 shall be adjusted without amendment to this by-law annually on July 1st in each year, commencing on July 1, 2021, at the rate identified by the Statistics Canada Non -Residential Construction Price Index for Toronto based on the 12-month period most recently available. Part 3 - Exemptions Specific Users 22. Development charges shall not be imposed with respect to land, buildings or structures that are owned by, (a) the Municipality, the Corporation of the Regional Municipality of Durham, or their local boards as defined in section 1 of the Act and used, designed or intended for municipal purposes; and (b) a board of education as defined in subsection 1(1) of the Education Act, 1990, S.O. 1990, c.27 and used, designed or intended for school purposes including the administration or the servicing of schools. Existing Residential 23. Development charges shall not be imposed with respect to residential development if the only effect of such development is, (a) an interior alteration to an existing residential building which does not change or intensify the use of the building; (b) the enlargement of an existing dwelling unit; (c) the creation of a second or third dwelling unit in an existing single detached dwelling, or ancillary structure thereto, where the total gross floor area of the additional unit(s) does not exceed the original gross floor area of the existing dwelling unit; or (d) the creation of a second dwelling unit in a semi-detached building or townhouse dwelling, or ancillary structure thereto, where the total gross floor area of the additional unit does not exceed the original gross floor area of the existing dwelling unit. New Residential 24. Development charges shall not be imposed with respect to new residential development if the only effect of such development is the creation of a second dwelling unit in prescribed classes of proposed new residential buildings, including structures ancillary to dwellings, subject to the following restrictions: Name of Class of Proposed Description of Class of Item New Residential Proposed New Restrictions Buildings Residential Buildings Proposed new residential The proposed new buildings that would not detached dwelling must be attached to other only contain two dwelling buildings and that are units. Proposed new permitted to contain a The proposed new 1. detached second dwelling unit, that detached dwelling must dwellings being either of the two be located on a parcel of dwelling units, if the units land on which no other have the same gross floor detached dwelling, semi - area, or the smaller of the detached dwelling or row dwelling units. dwelling would be located. Proposed new residential The proposed new semi - buildings that would have detached dwelling or row one or two vertical walls, dwelling must only contain but no other parts, two dwelling units. Proposed new attached to other semi-detached buildings and that are The proposed new semi- 2. dwellings or row permitted to contain a detached dwelling or row dwellings second dwelling unit, that dwelling must be located being either of the two on a parcel of land on dwelling units, if the units which no other detached have the same gross floor dwelling, semi-detached area, or the smaller of the dwelling or row dwelling dwelling units. would be located. The proposed new detached dwelling, semi- detached dwelling or row dwelling, to which the Proposed new proposed new residential residential building would be buildings that Proposed new residential ancillary, must only would be buildings that would be contain one dwelling unit. ancillary to a ancillary to a proposed 3. proposed new new detached dwelling, The gross floor area of the detached semi-detached dwelling or dwelling unit in the dwelling, semi- row dwelling and that are proposed new residential detached permitted to contain a building must be equal to dwelling or row single dwelling unit. or less than the gross floor dwelling area of the detached dwelling, semi-detached dwelling or row dwelling to which the proposed new residential building is ancillary. Existing Industrial Development 25. (1) In this section, "existing industrial building" has the same meaning as in subsection 1(1) of O.Reg. 82/98. For ease of reference, the current definition in the Regulation reads as follows: "existing industrial building" means a building used for or in connection with: (a) manufacturing, producing, processing, storing or distributing something, (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) carried out with respect 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; (2) If a development includes the enlargement of the gross floor area of an existing industrial building, the amount of the development charge that is payable in respect of the enlargement is determined in accordance with this section. (3) If the gross floor area is enlarged by 50 per cent or less, the amount of the development charge in respect of the enlargement is zero. (4) If the gross floor area is enlarged by more than 50 per cent, the amount of the development charge in respect of the enlargement is the amount of the development charge that would otherwise be payable multiplied by the fraction determined as follows: 1. Determine the amount by which the enlargement exceeds 50 per cent of the gross floor area before the enlargement. 2. Divide the amount determined under paragraph 1 by the amount of the enlargement. (5) The exemption provided in this section shall apply equally to a separate (non-contiguous) industrial building constructed on the same lot as an existing industrial building. Part 4 - Redevelopment Demolition and Conversion Credits 26. (1) In this section, "conversion" means the change in use of all or a portion of a building as permitted under the provisions of a Zoning By-law. (2) Where an existing building or 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, the amount of the development charge payable shall be determined in accordance with this section. (3) Where a building or structure is destroyed in whole or in part by fire, explosion or Act of God or is demolished and the property redeveloped, the amount of the development charge payable in respect of the redevelopment shall be determined in accordance with this section. (4) The development charges otherwise payable in respect of redevelopment described in subsections (2) and (3) shall be reduced by the amount calculated by multiplying the applicable development charges under Schedule 1 by the net hectares of the redeveloped property as enumerated in Schedule 2. (5) The amount of any credit under subsection (4) shall not exceed the total development charges otherwise payable. (6) Notwithstanding subsection (4), no credit shall be provided if, (a) the demolished building or structure or part thereof would have been exempt under this by-law; (b) 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) the development is exempt in whole or in part or eligible for any other relief under this by-law; or (d) development charges on the property were not paid under this by-law. Part 5 - General Cancelled Permits 27. A full development charge refund shall be given if a building permit is cancelled prior to the commencement of construction. Onus 28. The onus is on the owner to produce evidence to the satisfaction of the Municipality which establishes that the owner is entitled to any exemption, credit or refund claimed under this by-law. Interest 29. The Municipality shall pay interest on a refund under sections 18 and 25 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. 30. Except as required under section 39, there shall be no interest paid on any refunds given under this by-law. Front -Ending Agreements 31. The Municipality may enter into front -ending agreements under section 44 of the Act. Effective Date 32. This by-law comes into force and is effective on January 19, 2021. Expiry 33. This by-law expires five years after the day on which it comes into force. Passed in Open Council this 18th day of January 18, 2021. Adrian poste ; ayor SCHEDULE1 CLARINGTON TECHNOLOGY PARK AREA -SPECIFIC DEVELOPMENT CHARGES Service Stormwater Management Services - Quality Control $ Per Net Hectare 38,840 Stormwater Management Services - Quantity Control 29,268 Total - Lands Benefitting Only from Quality Control 38,840 Total - Lands Benefitting Only from Quantity Control 29,268 Total - Lands Benefitting from Quality and Quantity Control 68,107 NOTE: Charges are subject to indexing in accordance with section 21 § % z § d I g • ] | I �\«<\y ��: . 2 ��- �< 2 ] CLARINGTON TECHNOLOGY PARK DEVELOPMENT CHARGE AREA BENEFITTING PROPERTIES Lanqj&9nefitting Only from Quad of Assessment Roll No' ,.- .,. 181701001006000 Civic Address/Location 2911 HIGHWAY 2 Area* Hectares 5.06 181701001006320 1100 BENNETT RD 2.72 181701001006400 2885 HIGHWAY 2 8.64 Total 16.41 g R72M QuantityINUVI CON BF PT LOT 5 NOW RP 1OR3357 PART 2 19.99 181701001001310 181701001001700 585 LAMBS RD 13.03 181701001001800 641 LAMBS RD 3.55 181701001001900 295 BASELINE RD 2.19 181701001002100 582 LAMBS RD 0.61 181701001002200 542 LAMBS RD 4.29 181701001006000 2911 HIGHWAY 2 2.93 181701001006300 1078 BENNETT RD 0.44 181701001006320 1100 BENNETT RD 1.96 181701001006400 2885 HIGHWAY 2 4.43 181701001008800 2805 HIGHWAY 2 0.67 181701001008900 2821-2825 KING ST E 0.27 181701001009100 2831 HWY 2 0.27 181701001009200 2839 HIGHWAY 2 0.42 181701001009300 2845 HIGHWAY 2 0.11 181701001009305 2849 HIGHWAY 2 0.25 181701001009400 1200 LAMBS RD 12.18 181702012019840 250 BASELINE RD 1.50 h8170201201984 11122 HAINES ST 0.48 Total 69.59 LandsOnly AssessmentRoll No. 181701001001930 • Quality Civic Address/Location Area* 271 BASELINE RD E (Hectares) 1.45 181702012019830 210 BASELINE RD E 0.81 181702012019835 222 BASELINE RD E 1.29 181702012019840 250 BASELINE RD 2.13 181702012019844 1084 HAINES ST 0.57 Total 6.26 Areas shown are net of (exclude) land for future right-of-ways, channels, etc.