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Home My WebLink About2022-01-21Clarftwn Electronic Council Communications Information Package Date: January 21, 2022 Time: 12:00 PM Location: ECCIP is an information package and not a meeting. Description: An ECCIP is an electronic package containing correspondence received by Staff for Council's information. This is not a meeting of Council or Committee. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Members of Council: In accordance with the Procedural By-law, please advise the Municipal Clerk at clerks@clarington.net, if you would like to include one of these items on the next regular agenda of the appropriate Standing Committee, along with the proposed resolution for disposition of the matter. Items will be added to the agenda if the Municipal Clerk is advised by Wednesday at noon the week prior to the appropriate meeting, otherwise the item will be included on the agenda for the next regularly scheduled meeting of the applicable Committee. Members of the Public: can speak to an ECCIP item as a delegation. If you would like to be a delegation at a meeting, please visit the Clarington website. Electronic Council Communications Information Package (ECCIP) January 21, 2022 Pages 1. Region of Durham Correspondence 1.1. Project Information Notice - Bowmanville Avenue from Baseline Road to 3 King Street West - January 17, 2022 1.2. Notice of Passing of By-law No. 52-2021, being a By-law to amend By- 4 law No. 38-2019 to Address the Changes to the Development Charges Act, 1997 - January 4, 2022 2. Durham Municipalities Correspondence 2.1. City of Oshawa - Comments on Environmental Registry of Ontario 35 Proposal Concerning Amending the Darlington Provincial Park Management Plan to Allow for the Management of Native Species - January 20, 2022 3. Other Municipalities Correspondence 3.1. Township of Terrace Bay - Support FONOM Request for Municipal Land 39 Transfer Tax as Refund Tool - January 5, 2022 3.2. Town of Mono and Town of Caledon - Letter to Attorney General 40 Regarding Provincial Offence Court Backlog - January 7, 2022 4. Provincial / Federal Government and their Agency Correspondence 4.1. Ministry of Environment, Conservation and Parks - Proposed Changes to 43 Environmental Assessment Requirements for Advanced Recycling Facilities and Webinar Invitation - January 17, 2022 5. Miscellaneous Correspondence Page 2 Bowmanville Avenue (Regional Road 57) from Baseline Road to King Street West (Regional Highway 2) in the • Municipality of Clarington Project Information Package Works Department January 17, 2022 Public Notice The Regional Municipality of Durham is finalizing the detailed design for the widening of Bowmanville Avenue (Regional Road 57) from Baseline Road to King Street West (Regional Highway 2) in the Municipality of Clarington. This detailed design carries forward the preliminary design and recommendations from the Bowmanville Avenue Environmental Assessment Study completed in 2017. Major modifications to Bowmanville Avenue include: • Widening of Bowmanville Avenue from two to four lanes with multi -use path and sidewalk • Improvements to Bowmanville Avenue intersections at Baseline Road, Waverly Road, Hartwell Avenue and Aspen Springs Drive • Construction of noise walls as identified in the Environmental Assessment • Replacement of the existing pedestrian tunnel north of the Waverly Road intersection with a larger and illuminated concrete box tunnel • Construction of storm sewers and a rain garden south of the Waverly Road intersection • Construction of watermain and sanitary sewers • Widening of the bridge over the CP Rail corridor to accommodate the road widening • Illumination and landscaping along Bowmanville Avenue Concession Road 3 z M u n i c i p a lit y o f s 'Poch Clarington C P t7 ? Long�jO<<r H c °^ y XI 40 ham Highway Conc. Street 2 Ln 0 Project \ cm < AreaCD �F Baseline Road\ 0 H`Sh, 4p1 GanydianNationa/RaR The Region's 2021 Capital Budget and Nine -Year Forecast identifies construction funding in 2023 for widening Bowmanville Avenue from Baseline Road to King Street West. Construction timing is subject to Regional Council approval of construction funding and completion of utility relocations and property acquisition. A project information package including a graphical video of the proposed widening project is available on the Region's website (durham.ca/BowmanvilleAvenueWidening). Should you have any questions or comments, please contact the following staff member from the Regional Municipality of Durham, Works Department by February 17, 2022: Mani Rajendran, P. Eng. Project Manager, Transportation Design, Works Department 905-668-7711 ext. 2179 Mani.Rajendran@durham.ca If you require this information in an accessible format, please contact 1-800-372-1102 ext. 3371. facebook.com/RegionOfDurham twitter.com/Reg ion Of Durham The Regional Municipality of Durham Works Department 605 Rossland Rd. E., Whitby Ont. L1 N 6A3 Telephone: 905-668-7711 or 1-800-372-1102 durham.ca/BowmanvilleAvenueWidening �" THIS NOTICE OF PASSING HAS BEEN FORWARDED TO THE EIGHT AREA CLERKS January 4, 2022 June Gallagher, Municipal Clerk Municipality of Clarington 40 Temperance Street Li Bowmanville, Ontario L1 C 3A6 L] RE: Notice of Passing of By-law No. 52-2021, being a By-law to The Regional amend By-law No. 38-2019 to address the changes to the Municipality Development Charges Act, 1997, as a result of Bill 108, Bill of Durham 138, Bill 197 and O.Reg 454/19 Our File: F32 Corporate Services Department Legislative Services Council at its meeting held on December 22, 2021, passed By-law Number 52-2021, pursuant to Section 19 of the Development Charges 605 Rossland Rd. E. Act, 1997, (the "Act"). Level 1 PO Box 623 Whitby, ON L1 N 6A3 Enclosed is a copy of Report #2021-F-36, a certified copy of By-law Canada Number 52-2021, and the Notice of the Passing by The Regional 905-668-7711 Municipality of Durham. 1-800-372-1102 Fax: 905-668-9963 1 wish to draw to your attention that any person or organization may durham.ca appeal this By-law to the Ontario Land Tribunal (OLT), pursuant to Section 19(1) of the Development Charges Act, 1997, by filing with the Don Beaton, M.P.A. of Corporate Commissioner of Co Regional Clerk of The Regional Municipality of Durham, on or before Services January 31, 2022, a Notice of Appeal setting out the objection to the By-law and the reasons supporting the objection Would you kindly bring this matter to the attention of your Council and appropriate staff. Cam, Ralph Walton, Regional Clerk/Director of Legislative Services RW/np c: E. Baxter-Trahair, Chief Administrative Officer N. Taylor, Commissioner of Finance S. Siopis, Commissioner of Works B. Bridgeman, Commissioner of Planning and Economic Development J. Hunt, Director, Legal Services B. Holmes, General Manager, Durham Region Transit If you require this information in an accessible format, please contact 1-800-372-1102 extension 2097. Page 4 If this information is required in an accessible format, please contact 1-800-372-1102 extension 2054 LiTake notice that the Council of The Regional Municipality of Durham passed By-law Number 52-2021, to amend the Seaton Water Supply and Sanitary Sewerage Area Specific Development Charges By-law No. 38-2019, on the 22nd day of December 2021, pursuant to Section 19 of the Development Charges Act, 1997, S.O. 1997, c.27 (the "Act"); And take notice that these amendments are required to reflect changes to the Development Charges Act, 1997 (DCA) and Regulations and to update the capital costs estimates. And take notice that any person or organization may appeal to the Ontario Land Tribunal (OLT), pursuant to Section 19 of the Development Charges Act, 1997, in respect of By-law Number 52-2021, by filing with the Regional Clerk of The Regional Municipality of Durham on or before January 31, 2022 a Notice of Appeal setting out the objection to By-law Number 52-2021 and the reasons supporting the objection. For further information please contact: Ralph Walton Regional Clerk/ Director of Legislative Services clerks@durham.ca The Regional Municipality of Durham 605 Rossland Road East, Level 1 P.O. Box 623 Whitby, ON, UN 6A3 905-668-7711 extension 2054 NOTICE OF THE PASSING OF AN AMENDMENT TO A DEVELOPMENT CHARGES BY-LAW BY THE REGIONAL MUNICIPALITY OF DURHAM The Schedules of development charges imposed by By-law Number 52-2021 are as follows: SCHEDULE B Residential Development Charges Per Dwelling Unit Per Dwelling Type Effective July 1, 2019 Service Single Detached Medium Density Apanmonls Cmogory - &Simi -Detached Muhiplos__-_ ____._—._ _.. Sanitary Sowemge _....__........... (i) Scaton Landowners 5.738 4.533 2.6c0 C—trueted Sanitary Sewerage Development Char (ii) Regional Seaton-Speci6c 2,405 1.900 1,106 Sanitary Sowrera9e D.vel.ianenl Charges (in) Regional Attribution 2.395 1.892 1.102 Sanitary Sewerage Davolo enr Char es Subtotal -Sanitary Sewerage 10,538 8,325 4.848 Water Supply (i) Seaton Landowners 2.381 ............. Co neWd Water Supply Do vNc mint Char ri) Regional Seaton-Specigc 5,718 4,510 2.630 Water Supply Development Char s (w) Regional Annourion Water 4.064 3.210 1.869 Su Develo menl Charges Sub10411- Water SuDDly 72,163 91609 5,596 Tolal Development Charges $22.701 $.i7.934 $10,442 NOTE: The development charges described above shall be adjusted annually on July 1 pursuant to Section 23 of By-law Number 38-2019. SCHEDULE C Institutional Development Charges $ per Square Foot of Gross Floor Area Effective July 1, 2019 Service Category Institutional Development Charges Sanitary Sewerage (i) Seaton Land —lens Constructed Sanitary 0.58 3—ra C9 Do!tlele2m.t Charges (b) Regiona15eaton-SpeciOC Sanitary Sewerage 0.2< Davolo ant Cha e5 (iii) Regional Attribution Sartilary Summyo 0.55 .._._.. Devmopmcnt Chargcs __—_...._-__-- Subtotal - Sanitary Seri ----- 7.37 ��-� Water Supply__ (i) Seaton Landowners Construcied Water Supply 0.08 tkvelo ant Charges (n) Regional Seaton -Specific Water Supply -- - -- 0.20 ----- Ovvolo eat Cha es (iii) Regional Aerib Water Supply 0.44 hbon Develo enl Char es Subtotal - Water Supply 0.72 Total Development Charges NOTE: The development charges described above shall be adjusted annually on July 1 pursuant to Section 23 of By-law Number 38-2019. SCHEDULE D Non -Institutional Non -Residential Development Charges $ per Square Foot of Gross Floor Area Effective July 1, 2019 Service Category Non -Institutional Development charges Sanitary Sewerage (i) Sal Landowners ConslrWad Sanitary S.—al Dm Ovolepero Cnames 1,66 (ii) Regional SeatonSpeciric Sanitary'__.._._._ Sewera a DevelopmentChames (in) Regional Atlnbution Sanitary Sewerage Developmentcharms 1.60 Subtotal Sanitary Sewerage 3.96 Water Supply (I) soarer, I.andovnom Constructed Water Supply Development Charges 0.24 (ii) Regional SeatwrSpecil Water Supply Development Charges 0.56 (in) Regional Attribution Water Supply ------ Dovel tom char es 1.26 ------ Subtotal -Water Supply 2.06 Total Developmonl charges W02 NOTE: The development charges described above shall be adjusted annually on July 1 pursuant to Section 23 of By-law Number 38-2019. SCHEDULE E Prestige Employment Land Area Development Charges $ per Net Hectare Effective July 1, 2019 Service Prestige Employment Land Areal Cate o Development Charcies Sanitary Sewerage I (i) Seaton Landowners Constructed 80.709 Sanitary Sewerage Development Charges (it) Regional Seaton -Specific Sanitary 33.858 Sewerage Development Charges (iii) Regional Attribution Sanitary Sewerage 76,632 Development Charges Subtotal - Sanitary Sewerage 191,199 Water Supply (I) Seaton Landowners Constructed Water 11,793 Sum Development Charges (it) Regional Seaton -Specific Water __ _ 27,319 Su ply Development Charges (iii) Regional Attribution Water Supply 60,559 Development Char es Subtotal -Water Supply 99.671 Total Development Charges S290 870 NOTE: The development charges described above shall be adjusted annually on July 1 pursuant to Section 23 of By-law Number 38-2019. The Regional Municipality of Durham Development Charges By-law Number 52-2021 applies to the development of lands located within the Seaton Community- A map of the Seaton Community is provided below. Seaton Community s 1. 3 7Legond mv n a. of Abu>....v t• ' Km A copy of the complete By-law Number 52-2021 is available for examination in the office of the Regional Clerk, upon request, during regular office hours, Monday to Friday, 8 AM to 5 PM, at the address shown below; and will be posted on the Regional Website at durham.ca. Dated at the Town of Whitby December 22, 2021 Page 5 If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2304 The Regional Municipality of Durham Report To: Finance and Administration Committee From: Commissioner of Finance Report: #2021-F-36 Date: December 14, 2021 Subject: Final Recommendations Regarding Amendments to the Seaton Water Supply and Sanitary Sewerage Area Specific Development Charge By-law No. 38-2019 Recommendation: That the Finance and Administration Committee recommends to Regional Council: A) That Pursuant to Section 10(1) of the Development Charges Act. 1997, the Seaton Water Supply and Sanitary Sewerage Area Specific Development Charge Background Study dated October 12, 2021 be adopted; B) That effective January 1, 2022, Seaton Water Supply and Sanitary Sewerage Area Specific Development Charge By-law No. 38-2019 be amended, as set out in the amending by-law (Attachment No. 1) to address the changes to Development Charges Act, 1997, resulting from Bill 108: More Homes, More Choice Act, 2019, Bill 138: Plan to Build Ontario Together Act, 2019, Bill 197, COVID-19 Economic Recovery Act 2020 and O. Reg. 454/19 and to modify the development charge calculations for updated capital costs estimates; C) That the Seaton Residential Development Charges for Water Supply and Sanitary Sewerage as indicated in Table 1 below be imposed, effective January 1, 2022 (including indexing): Page 6 Report #2021-F-36 Page 2 of 11 Tahln 1 Region of Durham Recommended Seaton Residential Development Charges $ Per Dwelling Unit Service Single Medium Apartments Category Detached & Density Semi- Multiples Detached Sanitary Sewerage $ $ $ (i) Seaton Landowners Constructed 6,087 4,809 2,801 Works ii Regional Constructed Works 2,551 2,016 1,173 iii Regional Attribution 2,541 2,007 1,169 Subtotal — SanitarV Sewerage 11,179 8,832 5,143 Water Supply (i) Seaton Landowners Constructed 2,526 1,996 1,162 Works ii Regional Constructed Works 6,066 4,793 2,790 iii Regional Attribution 4,312 3,406 1,983 Subtotal — Water Supply 12,904 10,195 5,935 Total Development Charges D) That the Seaton Institutional Development Charges as indicated in Table 2 below be imposed, effective January 1, 2022 (including indexing): Tahip 2 Region of Durham Recommended Seaton Institutional Development Charges $ Per Square Foot Of Gross Floor Area Service Category $ Sanitary Sewerage i Seaton Landowners Constructed Works 0.62 ii Regional Constructed Works 0.25 (iii) Regional Attribution 0.58 Subtotal — Sanitary Sewerage 1.45 Water Supply i Seaton Landowners Constructed Works 0.08 ii Regional Constructed Works 0.21 iii Regional Attribution 0.46 Subtotal — Water Supply 0.75 Total Development Charges $2.20 Page 7 Report #2021-F-36 Page 3 of 11 E) That the Seaton Non -Institutional Development Charges for each service as indicated in Table 3 below be imposed, effective January 1, 2022 (including indexing): Table 3 Region of Durham Recommended Seaton Non -Institutional Development Charges $ Per Square Foot Of Gross Floor Area Service Category $ Sanitary Sewerage i Seaton Landowners Constructed Works 1.76 ii Regional Constructed Works 0.74 (iii) Regional Attribution 1.70 Subtotal — Sanitary Sewerage 4.20 Water Supply i Seaton Landowners Constructed Works 0.25 ii Regional Constructed Works 0.59 iii Regional Attribution 1.34 Subtotal — Water Supply 2.18 Total Development Charges F) That the Seaton Prestige Employment Land Area Development Charges as indicated in Table 4 below be imposed, effective January 1, 2022 (including indexing): Table 4 Region of Durham Recommended Seaton Prestige Employment Land Area Development Charges $ Per Net Hectare Service Category $ Sanitary Sewerage i Seaton Landowners Constructed Works 85,624 ii Regional Constructed Works 35,920 iii Regional Attribution 81,299 Subtotal — Sanitary Sewerage 202,843 Water Supply i Seaton Landowners Constructed Works 12,511 ii Regional Constructed Works 28,983 iii Regional Attribution 64,247 Subtotal — Water Supply 105,741 Total Development Charges MUM Report #2021-F-36 Page 4 of 11 G) That any complete submission for the preparation of a subdivision agreement received by the Development Approvals Division of the Regional Works Department on or before December 31, 2021 be given the option of being processed under the rates of the current Development Charges By -Law No. 38-2019, where a complete submission requires all of the following to have been submitted to, and received by, the Development Approvals Division in a form satisfactory to the Region: i) Ministry of the Environment and Climate Change approval; ii) Detailed cost estimate; iii) Three (3) copies of the proposed Final Plan (M-Plan); iv) Regional Planning approval of the Final Plan; v) Three (3) copies of all proposed Reference Plans (R-Plans); vi) Three (3) copies of approved General Plan of Services (signed by the Local Municipality and the Region); and vii) Regional Subdivision Agreement Information Checklist. Subdivision agreements which have been processed according to By -Law No. 38-2019, excluding the impact from the recommended amendments, must be executed within three months following the effective date of the amendments, which are recommended to take effect on January 1, 2022. Otherwise, the subdivision agreements shall be deemed cancelled and will be replaced with a subdivision agreement processed according to By-law No. 38-2019 as amended. The execution of the subdivision agreements requires all of the following to have been submitted to, and received by, the Regional Legal Department in a form satisfactory to the Region: i) signed Subdivision Agreement, including all schedules; ii) payments of fees identified in the agreement; iii) securities identified in the agreement; iv) prepayment of Development Charges for Sanitary Sewerage, Water Supply and Regional Roads, and v) Insurance Certificate. H) That Regional Council determine that no further public meeting is required; 1) That the Regional Solicitor be instructed to prepare the requisite amending Development Charge By-law for presentation to Regional Council and passage; J) That the Regional Solicitor be instructed to revise future development agreements and any by-law(s) relating thereto to reflect any changes required to implement the foregoing recommendations, and that any such revised by-law(s) be presented to Council for passage; K) That the Regional Treasurer be instructed to prepare the requisite development charge pamphlet and related materials pursuant to the Development Charges Act, 1997; and Page 9 ort #2021-F-36 Pape 5 of 11 L) That the Regional Clerk be instructed to follow the notification provisions pursuant to the Development Charges Act, 1997. Report: Purpose 1.1 The purpose of this report is to provide the final recommendations regarding the amendments to the Seaton Water Supply and Sanitary Sewerage Area Specific Development Charge (ASDC) By-law No. 38-2019 as proposed in the Development Charge (DC) Background Study released October 12, 2021. 2. Background 2.1 The recommended amendments to Seaton Water Supply and Sanitary Sewerage ASDC By-law No. 38-2019 are required to address the changes in the Development Charges Act, 1997 (DCA) resulting from Bill 108, More Homes, More Choice Act, 2019, Bill 138, Plan to Build Ontario Together Act, 2019, Bill 197, COVID-19 Economic Recovery Act, 2020 and O. Reg. 454/19 and to modify the development charge calculation for updated capital cost estimates. 2.2 The changes to the DCA that impact the Seaton Water Supply and Sanitary Sewerage ASDC By-law No. 38-2019 include the following: a. The timing and process for the collection of DCs; b. The determination of the DC rates (i.e. freezing of DC rates); and C. The broadening of exemptions for additional (secondary) units. 2.3 In addition, since the approval of the Seaton ASDC By-law (No. 38-2019) in June 2019 (effective July 1, 2019), design and construction work have advanced or been completed on a number of Seaton water supply and sanitary sewerage capital projects, resulting in changes to the capital costs estimates. The proposed amending by-law includes an update to the capital forecast, resulting in revised Seaton ASDCs. Updating the capital program and related ASDCs supports the appropriate development charge credits applied to the Seaton Landowners who upfronted the capital costs for this service area under the Seaton Phase 1 Front - Ending Agreement. 2.4 The Seaton Water Supply and Sanitary Sewerage ASDC Background Study contained the proposed by-law amendments. The background study was made available to Regional Council and the public (free of charge) beginning on October 12, 2021 as indicated in the public notices placed in the Toronto Star on September 25 and October 2 and in the local Metroland newspapers throughout the Region from September 23 to October 7, 2021. 2.5 An overview of the key recommendations contained in the proposed DC by-law and background study was provided in Report #2021-F-27: Public Meeting Regarding Page 10 Report #2021-F-36 Paqe 6 of 11 Proposed Amendments to the Seaton Water Supply and Sanitary Sewerage Area Specific Development Charge By-law No. 38-2019. 3. Previous Reports and Decisions 3.1 The following reports provided updates to Regional Council on the status of the changes to the DCA and the related amendments required to the Seaton Water Supply and Sanitary Sewerage Area Specific Development Charge By-law No. 38- 2019: a. Report #2021-F-22; and b. Report #2021-F-27. 4. Recommended Seaton Water Supply and Sanitary Sewerage Area Specific Development Charge By-law Amendments Overview of Public Input Regarding Seaton Water Supply and Sanitary Sewerage Area Specific Development Charge By-law Amendments 4.1 No verbal submissions were made at the public meeting of Council held to consider the proposed Seaton Water Supply and Sanitary Sewerage ASDC By-law amendment and Background Study on October 27, 2021. 4.2 The Region did not receive any comments regarding the proposed amendments subsequent to the public meeting. Final Recommendations 4.3 There are no recommended changes to the proposed amending by-law as presented in the Seaton Water Supply and Sanitary Sewerage ASDC DC By-law amendment and Background Study released on October 12, 2021. The following provides a summary of the recommended amendments to Seaton Water Supply and Sanitary Sewerage ASDC By-law No. 38-2019. Collection and Freezing of DCs and Exemption of Additional (Secondary) Units 4.4 The recommended amendments to Seaton Water Supply and Sanitary Sewerage ASDC By-law No. 38-2019 include: a. Broadening the exemption for additional (secondary) units to apply to the creation of additional units within, or ancillary to prescribed new residential units; and b. Modifying the DC By-law with respect to the collection of DCs and determination of the DC rate: DCs for rental housing development and institutional developments (as defined in O. Reg. 454/19) are to be paid in six equal installments over Page 11 Reoort #2021-F-36 Paae 7 of 11 five years, commencing the earlier of the date of issuance of occupancy permit or the date of first occupancy. The subsequent annual installments are due on the annual anniversary date of the first installment; DCs for non-profit housing developments (as defined in O. Reg. 454/19) are to be paid in twenty-one equal installments over twenty years, commencing the earlier of the date of issuance of occupancy permit or the date of first occupancy. The subsequent annual installments are due on the annual anniversary date of the first installment; and DC rates are locked in on the date of application for an approval of development in a site plan control area or, if this does not apply, the date an application for an amendment to a by-law passed under Section 34 of the Planning Act. The DC rates are frozen until two years from the date the site plan application or zoning application is approved and are only applicable for site plan and zoning by-law amendment applications received after December 31, 2019. 4.5 As the legislation allows municipalities to charge interest to recover the costs associated with the development charge deferral and / or the freezing of DCs, the recommended amending by-law provides a clause to allow for the application of interest charges. Regional staff are developing a Regional Development Charge Interest Rate Policy for future Committee and Council consideration. Adjustment to Capital Costs 4.6 Since the approval of the Seaton ASDC By-law (No. 38-2019) in June 2019 (effective July 1, 2019), design and construction work have advanced or been completed on a number of Seaton water supply and sanitary sewerage capital projects, resulting in changes to the capital costs estimates. The proposed amending by-law includes an update to the capital forecast, resulting in revised Seaton ASDCs. Recommended New Development Charge Rates 4.7 Table 5 provides the recommended residential Seaton ASDC rates for January 1, 2022 that incorporates the updated capital cost estimates (adjusted for indexing on July 1, 2020 and July 1, 2021). These are the same proposed DC rates as provided in the Background Study released on October 12, 2021. 4.8 Table 6 provides the existing rates for a single detached / semi- detached unit and the recommended rates incorporating the adjustments to the capital program. Page 12 Report #2021-F-36 Pacle 8 of 11 Table 5 Recommended Seaton Residential ASDC Rates in Effect for January 1, 2022 Service Category Sanitary Sewerage Seaton Landowners Constructed DCs Regional Seaton -Specific DCs Regional Attributions DCs Subtotal - Sanitary Sewerage Water Supply Single / Semi Medium Density Detached Multiples Apartments 6,087 4,809 2,801 2,551 2,016 1,173 2,541 2,007 1,169 11,179 8,832 5,143 Seaton Landowners Constructed DCs 2,526 1,996 1,162 Regional Seaton -Specific DCs 6,066 4,793 2,790 Regional Attributions DCs 4,312 3,406 1,983 Subtotal - Water Supply 12,904 10,195 5,935 Total Development Charges $ 24,083 $ 19,027 $ 11,078 Table 6 Comparison of Current and Recommended ASDCs for January 1, 2022 Fui oingie uetacnembemi uetached Dwellinq Units Service Category Sanitary Sewerage Seaton Landowners Constructed DCs Regional Seaton -Specific DCs Regional Attributions DCs Subtotal - Sanitary Sewerage Water Supply Seaton Landowners Constructed DCs Regional Seaton -Specific DCs Regional Attributions DCs Subtotal - Water Supply Total Development Charges Seaton Non-residential ASDCs Current Rate Recommended Rate Variance 5,437 6,087 650 1,976 2,551 575 2,919 2,541 (378) 10,332 11,179 847 2,601 2,526 (75) 6,102 6,066 (36) 4,312 4,312 - 13,015 12,904 (111) $ 23,347 $ 24,083 $ 736 4.9 Table 7 provides the existing Seaton non-residential water supply and sanitary sewerage ASDC rates and the recommended rates after the adjustments to the capital program. Similar to the residential charges, the sanitary sewer non- residential ASDCs increase for the landowner constructed/landowner financed projects and the Regional constructed/landowner financed projects. There is also a decrease in the costs of the capital related to the sanitary sewer Regional Attributions and small reductions in the water non-residential ASDCs. Page 13 Report #2021-F-36 Page 9 of 11 Table 7 Comparison of Current and Recommended Seaton Non-residential ASDCs for January 1, 2022 Non -Institutional Development Charges $ Per Square Foot of Gross Floor Area Recommended Rates Service Category Current Rates January 1, 2022 Change Sanitary Sewerage Seaton Landowners Constructed DCs 1.57 1.76 0.19 Regional Seaton -Specific DCs 0.59 0.74 0.15 Regional Attributions DCs 1.95 1.70 0.25 Subtotal - Sanitary Sewerage 4.11 4.20 0.09 Water Supply Seaton Landowners Constructed DCs 0.27 0.25 (0.02) Regional Seaton -Specific DCs 0.60 0.59 (0.01) Regional Attributions DCs 1.34 1.34 - Subtotal - Water Supply 2.21 2.18 (0.03) Total Development Charges $ 6.32 $ 6.38 $ 0.06 Institutional Development Charges $ Per Square Foot of Gross Floor Area Recommended Rates Service Category Current Rates January 1, 2022 Variance Sanitary Sewerage Seaton Landowners Constructed DCs 0.54 0.62 0.08 Regional Seaton -Specific DCs 0.21 0.25 0.04 Regional Attributions DCs 0.67 0.58 0.09 Subtotal - Sanitary Sewerage 1.42 1.45 0.03 Water Supply Seaton Landowners Constructed DCs 0.09 0.08 (0.01) Regional Seaton -Specific DCs 0.22 0.21 (0.01) Regional Attributions DCs 0.46 0.46 - Subtotal - Water Supply 0.77 0.75 (0.02) Total Development Charges $ 2.19 $ 2.20 $ 0.01 r Prestige Employment Land Area Development Charges $ Per Net Hectare Recommended Rates Service Category Current Rates January 1, 2022 Variance Sanitary Sewerage Seaton Landowners Constructed DCs 76,788 85,624 8,836 Regional Seaton -Specific DCs 28,102 35,920 7,818 Regional Attributions DCs 93,143 81,299 (11,844 ) Subtotal - Sanitary Sewerage 198,033 202,843 4,810 Water Supply Seaton Landowners Constructed DCs 12,851 12,511 (340) Regional Seaton -Specific DCs 29,147 28,983 (164) Regional Attributions DCs 64,247 64,247 - Subtotal - Water Supply 106,245 105,741 504 Total Development Charges $ 304,278 $ 308,584 $ 4,306 Page 14 Report #2021-F-36 Page 10 of 11 5. Further Considerations by Regional Council Per DCA, 1997 Formal Consideration of Need for Further Public Meeting 5.1 If the proposed by-law is changed, then Regional Council is required under the provisions of the DCA to consider whether a further public meeting is required. An additional public meeting would require public notices to be placed providing at least twenty days notice of such a public meeting. 5.2 Given that the final recommendations do not vary from the proposed amending DC by-law as provided in the Seaton Water Supply and Sanitary Sewerage ASDC Background Study, a further public meeting will not be required, assuming the recommendations in this report are accepted and no change is made. Direction to Regional Staff 5.3 Direction from Regional Council is required for the Regional Solicitor, Regional Clerk and Regional Treasurer to complete the various administrative tasks needed to implement the recommended DC amendments. These tasks include the revision of development agreements, the production and distribution of a development charge pamphlet, and the necessary public notification provisions. 6. Relationship to Strategic Plan 6.1 This report aligns with/addresses the following strategic goals and priorities in the Durham Region Strategic Plan- a. Ensuring the Region's DC By-law is in conformity with the DCA, supporting Goal 5 (Service Excellence). 7. Conclusion 7.1 It is recommended that the Seaton Water Supply and Sanitary Sewerage ASDC By- law amendment be approved as proposed in the Background Study dated October 12, 2021. 7.2 This report has been reviewed by staff of the Planning & Economic Development, Works and Corporate Services - Legal departments who concur with the recommendations. Page 15 Report #2021-F-36 Page 11 of 11 8. Attachments Attachment No. 1: Recommended Development Charge By-law Amendment Respectfully submitted, Original Signed By N. Taylor, BBA, CPA, CA Commissioner of Finance Recommended for Presentation to Committee Original Signed By Elaine C. Baxter-Trahair Chief Administrative Officer Page 16 Attachment No. 1 'By-law Number **-2021 of The Regional Municipality of Durham Being a by-law to amend By-law No. 38-2019 Whereas section 19 of the Development Charges Act, 1997, S.O. 1997, c.27 (the "Act') provides for amendments to development charge by-laws; And Whereas the Council of The Regional Municipality of Durham requires certain amendments to By-law 38-2019; And Whereas in accordance with the Act, a development charge background study has been completed in support of the proposed amendment to By-law 38-2019; And Whereas the Council of The Regional Municipality of Durham has given notice and held a public meeting on the 27th day of October 2021 in accordance with the Act; And Whereas the Council of The Regional Municipality of Durham has permitted any person who attended the public meeting to make representations in respect of the proposed amendments; And Whereas the Council of The Regional Municipality of Durham has determined that a further public meeting is not necessary pursuant to Section 12(3) of the Act, - Now therefore, the Council of The Regional Municipality of Durham hereby enacts as follows: Section 1 of By-law 38-2019 is hereby amended by adding the following definitions and renumbering the remaining definitions: (x) "institutional development", for the purposes of section 19(a) of the by-law, 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. Page 17 (gg) non-profit housing development, for the purpose of section 19(b) means development of a building or structure intended for use as residential premises by, (a) a corporation without share capital to which the Corporations Act 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. (qq) "rental housing" for the purpose of section 19(a) of the by-law, means development of a building or structure with four or more dwelling units all of which are intended for use as rented residential premises. 2. Section 9 of By-law 38-2019 is hereby deleted and replaced with the following: Exemptions 9(1) In this section, "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. 9(2) Development charges shall not be imposed in respect to: (a) the issuance of a building permit not resulting in the creation of an additional dwelling unit; (b) the enlargement of an existing dwelling unit; (c) the creation of additional dwelling units in accordance with the following table: Description of Class of Existing Residential Buildings Maximum Number of Additional Dwelling Units Restrictions Existing single detached residential buildings, The total gross floor area of the additional each of which contains a dwelling unit or units must be less than or single dwelling unit, that Two equal to the gross floor area of the are not attached to other dwelling unit already in the building. buildings. Existing semi-detached or row residential The gross floor area of the additional buildings, each of which One dwelling unit must be less than or equal contains a single dwelling to the gross floor area of the dwelling unit unit, that have one or two already in the building. vertical walls, but no Page 18 other parts, attached to other buildings. Existing rental residential Greater of one buildings, each of which and 1 % of the contains four or more existing units in None dwelling units. the building An existing residential building not in another The gross floor area of the additional class of residential One dwelling unit must be less than or equal building described in this to the gross floor area of the smallest table. dwelling unit already in the building. (a) the creation of a second dwelling unit in accordance with the following table: Description of Class of Proposed New Restrictions Residential Buildings Proposed new residential detached The proposed new detached dwelling must buildings that would not be attached to only contain two dwelling units. other buildings and that are permitted to contain a second dwelling unit, that being The proposed new detached dwelling must be either of the two dwelling units, if the units located on a parcel of land on which no other have the same gross floor area, or the detached dwelling, semi-detached dwelling or smaller of the dwelling units. row dwelling would be located. Proposed new semi-detached or row The proposed new semi-detached dwelling or residential buildings that would have one row dwelling must only contain two dwelling or two vertical walls, but no other parts, units. attached to other buildings and that are permitted to contain a second dwelling The proposed new semi-detached dwelling or unit, that being either of the two dwelling row dwelling must be located on a parcel of units, if the units have the same gross land on which no other detached dwelling, floor area, or the smaller of the dwelling semi-detached dwelling or row dwelling would units. be located. Proposed new residential buildings that The proposed new detached dwelling, semi - would be ancillary to a proposed new detached dwelling or row dwelling, to which detached dwelling, semi-detached the proposed new residential building would dwelling or row dwelling and that are be ancillary, must only contain one dwelling permitted to contain a single dwelling unit. unit. The gross floor area of the dwelling unit in the proposed new residential building must be equal to or less than the gross floor area of the detached dwelling, semi-detached dwelling or row dwelling to which the proposed new residential building is ancillary. 3. Section 16 of By-law 38-2019 is hereby deleted and replaced with the following: Timing of Payment of Development Charges 17. Development charges, determined in accordance with section 20 and adjusted in accordance with section 23 of this by-law, are payable in full on the date Page 19 on which a building permit is issued with respect to each dwelling unit, building or structure. 4. Section 17 (1) of By-law 38-2019 is hereby amended as follows: Delete "21" after section and replace with "23". 5. Section 18 (1) of By-law 38-2019 is hereby amended as follows: Delete "21" after section and replace with "23". 6. Section 18 (3) of By-law 38-2019 is hereby amended as follows: Delete "21" after section and replace with "23". 7. By-law 38-2019 is hereby amended by inserting a new Section 19 as follows and renumbering the remainder of the sections: 19. Notwithstanding sections 16, 17 and 18, where development charges become payable after January 1, 2020 for development of. (a) rental housing that is not non-profit housing development and institutional development, development charges shall be paid in equal annual instalments beginning on the earlier of the date of issuance of a permit under the Building Code Act, 1992 authorizing occupation of the building and the date the building is first occupied, and continuing on the following five anniversaries of that date; (b) Non-profit housing development, development charges shall be paid in equal annual instalments beginning on the earlier of the date of issuance of a permit under the Building Code Act 1992 authorizing occupation of the building and the date the building is first occupied, and continuing on the following twenty anniversaries of that date; 8. By-law 38-2019 is hereby amended by inserting a new Section 20 as follows and renumbering the remainder of the sections: Determining Amount Payable 20. The development charges payable will be the development charge shown in the applicable Schedules to this by-law to be payable, with indexing under section 23, and, where applicable, with interest under section 25 of this by-law as of (1) for those developments to which section 19 applies, (a) for applications filed after December 31, 2019, 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, provided the first building permit is issued within two years of the date that application was approved; (b) if clause (a) does not apply, for applications filed after December 31, 2019, the day an application for an amendment to a by-law passed under section 34 of the Planning Act was made, provided the first building permit is issued within two years of the date that amendment comes into force and effect; or (c) if neither clause (a) nor clause (b) applies, the day the development charge would be payable in accordance with sections 16, 17 and 18 of this by-law; and (2) for those developments to which section 19 does not apply, Page 20 (a) for applications filed after December 31, 2019, 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, provided the date the development charge is payable is within two years of the date that application was approved; (b) if clause (a) does not apply, for applications filed after December 31, 2019, the day an application for an amendment to a by-law passed under section 34 of the Planning Act was made, provided the date the development charge is payable is within two years of the date that amendment comes into force and effect; or (c) if neither clause (a) nor clause (b) applies, the day the development charge would be payable in accordance with sections 16, 17 and 18 of this by-law. 9. By-law 38-2019 is hereby amended by inserting a new Section 25 as follows and renumbering the remainder of the sections: Installment Interest 25. Development charges payable by instalment pursuant to section 20 of this by-law shall bear interest in accordance with the Region of Durham Development Charge Interest Rate Policy, as amended from time to time. 10. The Schedules to By-law 38-2019 are hereby deleted and replaced with the Schedules to this by-law. 11. Section 27 of By-law 38-2019 is hereby deleted and replaced as follows: 27. This By-law shall come into force on January 1, 2022. 12. Section 29 of By-law 38-2019 is hereby deleted and renumbering the remainder of the sections. This By-law Read and Passed on the 22 day of December, 2021. J. Henry, Regional Chair and CEO R. Walton, Regional Clerk Page 21 Schedule "B" Residential Development Charges per Dwelling Unit $ per Dwelling Unit Service Single Medium Apartments Category Detached & Density Semi- Multiples Detached Sanitary Sewerage (i) Seaton Landowners Constructed 5,738 4,533 2,640 Sanitary Sewerage Development Charges (ii) Regional Seaton -Specific Sanitary 2,405 1,900 1,106 Sewerage Development Charges (iii) Regional Attribution Sanitary 2,395 1,892 1,102 Sewerage Development Charges Subtotal — Sanitary Sewerage 10,538 8,325 4,848 Water Supply (i) Seaton Landowners Constructed 2,381 1,881 1,095 Water Supply Development Charges (ii) Regional Seaton -Specific Water 5,718 4,518 2,630 Supply Development Charges (iii) Regional Attribution Water Supply 4,064 3,210 1,869 Development Charges Subtotal — Water Supply 12,163 9,609 5,594 Total Development Charges NOTE: The development charges described above shall be adjusted annually on July 1 pursuant to Section 23 of this By-law. Page 22 Schedule "C" Institutional Development Charges $ per Square Foot of Gross Floor Area Service Institutional Development Category Charges Sanitary Sewerage (i) Seaton Landowners Constructed 0.58 Sanitary Sewerage Development Charges (ii) Regional Seaton -Specific Sanitary 0.24 Sewerage Development Charges (iii) Regional Attribution Sanitary 0.55 Sewerage Development Charges Subtotal — Sanitary Sewerage 1.37 Water Supply (i) Seaton Landowners Constructed 0.08 Water Supply Development Charges (ii) Regional Seaton -Specific Water 0.20 Supply Development Charges (iii) Regional Attribution Water Supply 0.44 Development Charges Subtotal — Water Supply 0.72 Total Development Charges $2.09 NOTE: The development charges described above shall be adjusted annually on July 1 pursuant to section 23 of this By-law. Page 23 Schedule "D" Non -Institutional Non -Residential Development Charges $ per Square Foot of Gross Floor Area Service Non -Institutional Development Category Charges Sanitary Sewerage (i) Seaton Landowners Constructed 1.66 Sanitary Sewerage Development Charges (ii) Regional Seaton -Specific Sanitary 0.70 Sewerage Development Charges (iii) Regional Attribution Sanitary 1.60 Sewerage Development Charges Subtotal — Sanitary Sewerage 3.96 Water Supply (i) Seaton Landowners Constructed 0.24 Water Supply Development Charges (ii) Regional Seaton -Specific Water 0.56 Supply Development Charges (iii) Regional Attribution Water Supply 1.26 Development Charges Subtotal — Water Supply 2.06 Total Development Charges SEM NOTE: The development charges described above shall be adjusted annually on July 1 pursuant to section 23 of this By-law. Page 24 Schedule "E" Prestige Employment Land Area Development Charges $ per Net Hectare Service Prestige Employment Land Area Category Development Charges Sanitary Sewerage (i) Seaton Landowners Constructed 80,709 Sanitary Sewerage Development Charges (ii) Regional Seaton -Specific Sanitary 33,858 Sewerage Development Charges (iii) Regional Attribution Sanitary 76,632 Sewerage Development Charges Subtotal — Sanitary Sewerage 191,199 Water Supply (i) Seaton Landowners Constructed 11,793 Water Supply Development Charges (ii) Regional Seaton -Specific Water 27,319 Supply Development Charges (iii) Regional Attribution Water Supply 60,559 Development Charges Subtotal — Water Supply 99,671 Total Development Charges NOTE: The development charges described above shall be adjusted annually on July 1 pursuant to section 23 of this By-law. Page 25 Authority: Report #2021-F-36 CERTIFIED By-law Number 52-2021 A I XUE COPY of The Regional Municipality of Durham Being a by-law to amend By-law No. 38-2019. DEC 2 2 2021 DEPUTY CLERK Whereas section 19 of the Development Charges Act, 1997, S.O. 1997, c.27 (the "Act") provides for amendments to development charge by-laws; And Whereas the Council of The Regional Municipality of Durham requires certain amendments to By-law 38-2019; And Whereas in accordance with the Act, a development charge background study has been completed in support of the proposed amendment to By-law 38-2019; And Whereas the Council of The Regional Municipality of Durham has given notice and held a public meeting on the 27th day of October 2021 in accordance with the Act; And Whereas the Council of The Regional Municipality of Durham has permitted any person who attended the public meeting to make representations in respect of the proposed amendments; And Whereas the Council of The Regional Municipality of Durham has determined that a further public meeting is not necessary pursuant to Section 12(3) of the Act, - Now therefore, the Council of The Regional Municipality of Durham hereby enacts as follows: Section 1 of By-law 38-2019 is hereby amended by adding the following definitions and renumbering the remaining definitions: (x) "institutional development", for the purposes of section 19(a) of the by-law, 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. Page 26 (gg) non-profit housing development, for the purpose of section 19(b) means development of a building or structure intended for use as residential premises by, (a) a corporation without share capital to which the Corporations Act 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. (qq) "rental housing" for the purpose of section 19(a) of the by-law, means development of a building or structure with four or more dwelling units all of which are intended for use as rented residential premises. 2. Section 9 of By-law 38-2019 is hereby deleted and replaced with the following: Exemptions 9(1) In this section, "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. 9(2) Development charges shall not be imposed in respect to: (a) the issuance of a building permit not resulting in the creation of an additional dwelling unit; (b) the enlargement of an existing dwelling unit; (c) the creation of additional dwelling units in accordance with the following table: Description of Class of ExistingResidential Buildings Maximum Number of Additional Dwelling Units Restrictions Existing single detached residential buildings, The total gross floor area of the additional each of which contains a Two dwelling unit or units must be less than or single dwelling unit, that equal to the gross floor area of the are not attached to other dwelling unit already in the building. buildings. Existing semi-detached or row residential The gross floor area of the additional buildings, each of which One dwelling unit must be less than or equal contains a single dwelling to the gross floor area of the dwelling unit unit, that have one or two already in the building. vertical walls, but no Page 27 other parts, attached to other buildings. Existing rental residential Greater of one buildings, each of which and 1% of the contains four or more existing units in None dwelling units. the building An existing residential building not in another The gross floor area of the additional class of residential One dwelling unit must be less than or equal building described in this to the gross floor area of the smallest table. dwelling unit already in the building. (d) the creation of a second dwelling unit in accordance with the following table: Description of Class of Proposed New Restrictions Residential Buildings Proposed new residential detached buildings that would not be attached to The proposed new detached dwelling must other buildings and that are permitted to only contain two dwelling units. contain a second dwelling unit, that being either of the two dwelling units, if the The proposed new detached dwelling must be units have the same gross floor area, or the located on a parcel of land on which no other detached dwelling, semi-detached smaller of the dwelling units. dwelling or row dwelling would be located. Proposed new semi-detached or row residential buildings that would have The proposed new semi-detached dwelling or one or two vertical walls, but no other parts, row dwelling must only contain two dwelling units. attached to other buildings and that are permitted to contain a second dwelling unit, that being either of the two dwelling The proposed new semi-detached dwelling or units, if the units have the same gross row dwelling must be located on a parcel of land on which no other detached dwelling, floor area, or the smaller of the dwelling units. semi-detached dwelling or row dwelling would be located. Proposed new residential buildings that The proposed new detached dwelling, semi - would be ancillary to a proposed new detached dwelling, semi-detached detached dwelling or row dwelling, to which dwelling or row dwelling and that are the proposed new residential building would be ancillary, must only contain one dwelling permitted to contain a single dwelling unit. unit. The gross floor area of the dwelling unit in the proposed new residential building must be equal to or less than the gross floor area of the detached dwelling, semi-detached dwelling or row dwelling to which the proposed new residential building is ancillary_ 3. Section 16 of By-law 38-2019 is hereby deleted and replaced with the following: Timing of Payment of Development Charges 17. Development charges, determined in accordance with section 20 and adjusted in accordance with section 23 of this by-law, are payable in full on the date Page 28 on which a building permit is issued with respect to each dwelling unit, building or structure. 4. Section 17 (1) of By-law 38-2019 is hereby amended as follows: Delete "21" after section and replace with "23". 5. Section 18 (1) of By-law 38-2019 is hereby amended as follows: Delete "21" after section and replace with "23". 6. Section 18 (3) of By-law 38-2019 is hereby amended as follows: Delete "21" after section and replace with "23". 7. By-law 38-2019 is hereby amended by inserting a new Section 19 as follows and renumbering the remainder of the sections: 19. Notwithstanding sections 16, 17 and 18, where development charges become payable after January 1, 2020 for development of: (a) rental housing that is not non-profit housing development and institutional development, development charges shall be paid in equal annual instalments beginning on the earlier of the date of issuance of a permit under the Building Code Act, 1992 authorizing occupation of the building and the date the building is first occupied, and continuing on the following five anniversaries of that date; (b) Non-profit housing development, development charges shall be paid in equal annual instalments beginning on the earlier of the date of issuance of a permit under the Building Code Act, 1992 authorizing occupation of the building and the date the building is first occupied, and continuing on the following twenty anniversaries of that date; 8. By-law 38-2019 is hereby amended by inserting a new Section 20 as follows and renumbering the remainder of the sections: Determining Amount Payable 20. The development charges payable will be the development charge shown in the applicable Schedules to this by-law to be payable, with indexing under section 23, and, where applicable, with interest under section 25 of this by-law as of (1) for those developments to which section 19 applies, (a) for applications filed after December 31, 2019, 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, provided the first building permit is issued within two years of the date that application was approved; (b) if clause (a) does not apply, for applications filed after December 31, 2019, the day an application for an amendment to a by-law passed under section 34 of the Planning Act was made, provided the first building permit is issued within two years of the date that amendment comes into force and effect; or (c) if neither clause (a) nor clause (b) applies, the day the development charge would be payable in accordance with sections 16, 17 and 18 of this by-law; and (2) for those developments to which section 19 does not apply, Page 29 (a) for applications filed after December 31, 2019, 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, provided the date the development charge is payable is within two years of the date that application was approved; (b) if clause (a) does not apply, for applications filed after December 31, 2019, the day an application for an amendment to a by-law passed under section 34 of the Planning Act was made, provided the date the development charge is payable is within two years of the date that amendment comes into force and effect; or (c) if neither clause (a) nor clause (b) applies, the day the development charge would be payable in accordance with sections 16, 17 and 18 of this by-law. 9. By-law 38-2019 is hereby amended by inserting a new Section 25 as follows and renumbering the remainder of the sections: Installment Interest 25. Development charges payable by instalment pursuant to section 20 of this by-law shall bear interest in accordance with the Region of Durham Development Charge Interest Rate Policy, as amended from time to time. 10. The Schedules to By-law 38-2019 are hereby deleted and replaced with the Schedules to this by-law. 11. Section 27 of By-law 38-2019 is hereby deleted and replaced as follows: 27. This By-law shall come into force on January 1, 2022. 12. Section 29 of By-law 38-2019 is hereby deleted and renumbering the remainder of the sections. This By-law Read and Passed on the 22 day of December, 2021. 4J. H n nal Chair and CEO R. Walton, Regional Clerk Page 30 Schedule "B" Residential Development Charges per Dwelling Unit $ per Dwelling Unit Service Single Medium Apartments Category Detached & Density Semi- Multiples Detached Sanitary Sewerage (i) Seaton Landowners Constructed 5,738 4,533 2,640 Sanitary Sewerage Development Char es (ii) Regional Seaton -Specific Sanitary 2,405 1,900 1,106 Sewerage Development Charges (iii) Regional Attribution Sanitary 2,395 1,892 1,102 Sewerage Development Charges Subtotal — Sanitary Sewerage 10,538 8,325 4,848 Water Supply (i) Seaton Landowners Constructed 2,381 1,881 1,095 Water Supply Development Charges (ii) Regional Seaton -Specific Water 5,718 4,518 2,630 Supply Development Charges (iii) Regional Attribution Water Supply 4,064 3,210 1,869 Development Charges Subtotal — Water Supply 12,163 9,609 5,594 Total Development Charges 122,701 $jim 110,442 NOTE: The development charges described above shall be adjusted annually on July 1 pursuant to Section 23 of this By-law. Page 31 Schedule "C" Institutional Development Charges $ per Square Foot of Gross Floor Area NOTE: The development charges described above shall be adjusted annually on July 1 pursuant to section 23 of this By-law. Page 32 Schedule "D" Non -Institutional Non -Residential Development Charges $ per Square Foot of Gross Floor Area Service Non -Institutional Development Category Charges Sanitary Sewerage (i) Seaton Landowners Constructed 1.66 Sanitary Sewerage Development Charges (ii) Regional Seaton -Specific Sanitary 0.70 Sewerage Develo ment Charges (iii) Regional Attribution Sanitary 1.60 Sewerage Development Charges Subtotal — Sanitary Sewerage 3.96 Water Supply (i) Seaton Landowners Constructed 0.24 Water Supply Development Charges (ii) Regional Seaton -Specific Water 0.56 Supply Development Charges (iii) Regional Attribution Water Supply 1.26 Development Charges Subtotal —Water Supply 2.06 Total Development Charges $6.02 NOTE: The development charges described above shall be adjusted annually on July 1 pursuant to section 23 of this By-law. Page 33 Schedule "E" Prestige Employment Land Area Development Charges $ per Net Hectare Service Pres Sanitary Sewerage (i) Seaton Landowners Constructed Sanitary Sewerage Development Charges (ii) Regional Seaton -Specific Sanitary Sewera a Development Char es (iii) Regional Attribution Sanitary .Sewerage Development Charges Subtotal — Sanitary Sewerage Water Supply (i) Seaton Landowners Constructed Water Supply Development Charges (ii) Regional Seaton -Specific Water Supply Development Charges (iii) Regional Attribution Water Supply Development Charges Subtotal — Water Supply Total Development Charges tige Employment Land Area Development Charges 80,709 33,858 76,632 191,199 11,793 27,319 60,559 99,671 290 870 NOTE: The development charges described above shall be adjusted annually on July 1 pursuant to section 23 of this By-law. Page 34 0 s h awa° Prepare To Be Amazed January 20, 2022 Curt Morris Ministry of the Environment, Conservation and Parks Via email: planninq.sez ontario.ca Development Services Department Planning Services File: 12-02-2091 Re: City Comments on Environmental Registry of Ontario Proposal concerning Amending the Darlington Provincial Park Management Plan to allow for the Management of Native Species (ERO 019-4093) On January 10, 2022, the Development Services Committee considered Item DS-22-06 concerning the Environmental Registry of Ontario proposal to amend the Darlington Provincial Park Management Plan to allow for the management of native species (ERO 019-4093) and, among other matters, endorsed the comments contained in said Item. A copy of Item DS-22-06 is attached for your reference. Please note that staff will provide subsequent follow-up once Council has considered this matter on January 24, 2022. If you require further information or clarification, please contact Victoria White at the address shown or by telephone at (905) 436-3311, extension 2945 or by email to vwhite@oshawa.ca. Meaghan Harrington, MCIP, RPP, Manager Policy VW/k Attachment C. Regional Municipality of Durham Municipality of Clarington Central Lake Ontario Conservation Authority Friends of the Second Marsh General Motors The Corporation of the City of Oshawa, 50 Centre Street South, Oshawa, Ontario L1 H 3Z7 Phone 905-436-3853 1-800-667-4292 Fax 905-436-5699 www.oshawa.ca/planning Page 35 Item: DS-22-06 Development Services Committee — January 10, 2022 City Comments on Environmental Registry of Ontario Proposal concerning Amending the Darlington Provincial Park Management Plan to allow for the Management of Native Species (ERO 019-4093) (Ward 5) That the Development Services Committee recommend to City Council: Whereas, on December 6, 2021, the Ministry of the Environment, Conservation and Parks (the "M.E.C.P.") posted on the Environmental Registry of Ontario ("E.R.O.") website notice (ERO 019-4093) of a proposed amendment to the Darlington Provincial Park (D.P.P.) Management Plan to allow for the management of native species (the "Posting") for comment, with comments due by January 20, 2022; and, Whereas, staff are seeking authority to submit City comments on the Posting in advance of Council's endorsement of the comments in order to meet the January 20, 2022 deadline; and, Whereas, staff have provided a copy of the Posting to the Oshawa Environmental Advisory Committee and advised members to submit their individual comments directly to the M.E.C.P. by the January 20, 2022 deadline; and, Whereas, staff have also provided a copy of the Posting to the Region of Durham, the Central Lake Ontario Conservation Authority (C.L.O.C.A.), General Motors Canada (G.M.C.) and Friends of the Second Marsh (F.S.M.) to ensure they are aware of the Posting; and, Whereas, the D.P.P. is located within the Municipality of Clarington, just east of the Oshawa-Clarington municipal boundary, is approximately 209 hectares (516.45 ac.) in size and is one of the Province's most intensively used recreation -oriented open spaces (see Attachment 1); and, Whereas, the D.P.P. provides shoreline erosion protection to the McLaughlin Bay, which is a provincially significant coastal wetland that is separated from Lake Ontario by a large sandbar; and, Whereas, the Posting states that in 2019, a colony of 200 Double -crested Cormorants caused minor damage to the vegetation in McLaughlin Bay by removing live branches for nesting materials; and, Whereas, M.E.C.P. staff are monitoring the area and using pre -nesting control techniques (e.g. noise deterrents) to deter the Double -crested Cormorants from the park; and, Page 36 Whereas, if the colony becomes established and continues to grow and nest in the D.P.P., this will threaten the ecological integrity of the wetland and population management measures may be required; and, Whereas, the Posting includes a proposed amendment to Section 5.3 of the D.P.P. Management Plan to, among other matters, add the following language: "Native species with the potential to become hyper -abundant (e.g., Double - crested Cormorants) may be managed, as required, to protect the park's values and ecological integrity. Population management will consider the broader landscape and best management practices." Whereas, a nesting pair of Piping Plover, an endangered species, returned to D.P.P. in May of 2016, following an 80 year absence along the north shore of Lake Ontario and have continued to nest annually since then; and, Whereas, staff support the continued protection and enhancement of the McLaughlin Bay and McLaughlin Bay Wildlife Reserve; and, Whereas, it is recommended that the City, the Region of Durham, the Municipality of Clarington, C.L.O.C.A., G.M.C. and F.S.M. be consulted with respect to any potential forthcoming Double -crested Cormorant population management in the McLaughlin Bay wetland within the City of Oshawa; and, Therefore be it resolved: That the comments contained in Item DS-22-06 be endorsed as the City's comments with respect to the proposed amendments to the Darlington Provincial Park Management Plan. 2. That staff be authorized to forward Item DS-22-06 and any related resolution of the Development Services Committee to the Ministry of the Environment, Conservation and Parks for its consideration and to provide a subsequent follow-up once Council has considered this matter. 3. That a copy of Item DS-22-06 and any related resolution of the Development Services Committee and Council be sent to the Ministry of the Environment, Conservation and Parks in response to the Posting, with copies also provided to the Region of Durham, the Municipality of Clarington, the Central Lake Ontario Conservation Authority, Friends of the Second Marsh and General Motors Canada. Page 37 Item: DS-22-06 Subject: City Comments on Environmental Registry of Ontario Proposal concerning Attachment 1 Amending the Darlington Provincial Park Management Plan to allow for the Management of Native Species Ward: Ward 5 File: 12-02 City of Oshawa Development Services Department oS�WA J Lake Ontario O U z J U O i Existing City -owned parking lot providing access to trails i McLaughlin Darlington I J Bay Provincial Park Lands owned by General Motors Canada Oshawa Second Marsh Darlington Provincial Park Friends of the Second Marsh Page 38 The Corporation of the Township of Terrace Bay P.O. Box 40, 1 Selkirk Avenue, Terrace Bay, ON, POT 2W0 BAY Phone: (807) 825-3315 Fax: (807) 825-9576 January 5, 2022 Mayor Adrian Foster 40 Temperance St. Bowmanville, ON L 1 C 3A6 Email: mayor@clarington.net Dear Mr. Caniff At the Township of Terrace Bay Regular Council Meeting held on Tuesday January 4, the following resolution of support was passed. Re: Support FONOM request for Municipal Land Transfer Tax as Revenue Tool Resolution: 4-2022 Moved By: Councillor M. Moore Seconded By: Councillor B. Johnson RESOLVED THAT Terrace Bay support NOMA's resolution granting Ontario Municipalities the same revenue tools as the City of Toronto including a Municipal Land Transfer Tax to be renamed Land Transfer Infrastructure Support. BE IT RESOLVED THAT this resolution be forwarded to the Province Minister of Finance Peter Bethlenfalvy, the Leaders of Provincial Opposition parties, the Ontario's Big City Mayors, ROMA, OSUM, and FONOM. CARRIED We appreciate your attention to this matter. Sincerely, J. Davis Mayor /JJ Page 39 January 7, 2022 The Honourable Doug Downey, Attorney General Ministry of the Attorney General 1 lth Floor, 720 Bay St. Toronto, ON M7A 2S9 Dear Minister, We, the Mayors of the Town of Caledon and the Town of Mono, respectfully submit this joint letter to provide you with our municipal perspectives, outline our unique challenges and frustrations, and also to propose solutions that would mitigate the serious issues facing our provincial offence courts in Dufferin and Caledon. Municipal resources are being exhausted and pushed beyond capacity and the implications are profound. The information we share below clearly indicates that the Caledon/Dufferin POA Courts are in a crisis. We are not alone in the Province nor are the problems described here solely attributable to COVID 19. The critical challenges are: Last minute cancellations due to a lack of judicial resources This is resulting in a negative and compounding administrative impact to case management. As example, between September 1 Oth and December 15th there were 3,038 docket lines cancelled and rescheduled. This one example equates to 26 closed court days. A related frustration is that early resolution dockets are often cancelled, with the next available return date being in June pushing some matter 12 months before they are able to have an early resolution. Matters requesting trials are being scheduled up to 24+ months out. Another troubling result of this issue is the capital and operating costs to run a court are essentially wasted when we are forced to reschedule due to lack of, or cancellation of, judicial resources. We have provided the courtroom and technology, the court clerks and prosecutors, and notified all the defendants, only to repeatedly cancel. Reduction of Judicial availability for administrative functions such as swearing of informations, issuing of summons and review of applications This is creating an enormous backlog and, in some cases, has resulted in the swearing of informations occurring after an appearance date causing inconvenience to defendants and the need to re -issue summonses with attendant multiple, unproductive court attendances. Page 40 Outlined below are some possible solutions that from our perspective would mitigate these issues. • Assign Justices of the Peace to POA courts either in person or virtually. This should entail total mobility for all justices of the peace regardless of region. • There are currently over 80 per diem justices of the peace and they should be utilized to the fullest. Exemption from their presiding `cap', something allowed for, should be considered to address backlog. Per diem justices of the peace willing to accept POA assignments would go a long way to addressing backlog. • Allow e-Hub access for POA court matters immediately, for the swearing of informations and issuing of summons to start addressing the timeliness of judicial administrative functions and paperwork. • Launch- early resolution, trial and paperwork blitzes to address backlog. Make judicial dependant paperwork a mandatory part of court assignments. • Use your legislative authority as Attorney General to fast track section 11 of the POA to proclaim the re -opening amendments and, amend the early resolution process in section 5 of the PA to permit the clerk of the court to enter convictions. • Together with the Ontario Court of Justice, commit to convening a `Justice Summit' on POA where all stakeholders can address the considerable issues facing our courts. Minister,.it is not inconceivable that hundreds if not thousands of serious charges are at risk of being withdrawn either by prosecutors. or as the result of a court ruling on llb of the Charter as it applies to old POA cases. We are very willing to be part of the solution and welcome a further conversation with you or your staff on how we can work together. We look forward to your response. Sincerely, Mayor John Creelman Town of Mono Mayor Allan Thompson Town of Caledon Page 41 Copy to: The Honourable Sylvia Jones, MPP Dufferin Caledon The Honourable Lise Maisonneuve, Chief Justice, Ontario Court of Justice The Honourable Paul R. Currie, Regional Senior Justice, Central West Judicial District Her Worship Marsha Farnand, Regional Senior Justice of the Peace Page 42 From: RRPB, Mail (MECP) To: Gallagher, June Subject: Proposed Changes to Environmental Assessment Requirements for Advanced Recycling Facilities & Webinar Invitation Date: January 17, 2022 1:09:20 PM You don't often get email from rrpb.mail@ontario.ca. Learn why this is important EXTERNAL Good Afternoon, I'm writing to advise you of proposed changes that will make it easier for advanced recycling facilities to obtain their environmental approval when they meet high standards by more closely aligning the environmental assessment process for these projects with those that process and recycle waste. Advanced recycling and energy recovery technologies can help recover valuable resources from Ontario's waste and keep it out of landfills. They use heat and pressure to break down hard -to -recycle plastics and other waste into materials that can be reused to create new products or replace fossil fuels. That is why Ontario is committed to supporting companies that want to implement advanced recycling technologies and support a greener, cleaner future. We recognize the advanced recycling proposal may be of interest to you, and are seeking your input so that we can best support innovation while maintaining strict environmental oversight. You can view the proposal and a plain language description on the Environmental Registry of Ontario: Environmental assessment requirements for advanced recycling facilities under the Environmental Assessment Act (EAA)I Environmental Registry of Ontario The proposal will be posted until February 28th, 2022 for a 45-day comment period. As part of the proposal, we are also proposing to update Part B of the Guide to Environmental Assessment Requirements for Waste Management Projects to require that information be included in the Environmental Screening Report for advanced recycling projects. This proposal is associated with the proposal to move to a project list approach under the Environmental Assessment Act. The project list approach will better align Ontario with other jurisdictions across Canada, including the federal government, who use project lists to determine the types of projects for which an EA must be completed. Under the project list proposal, most project types that currently require a comprehensive EA will continue to need one. The ministry will also be hosting an online webinar where we will provide an overview of the new environmental assessment requirements for advanced recycling and field any initial questions. The webinar will occur on February 7th, 2022, where more information can be shared and provide an opportunity for discussion. The meeting will be between 10:00 a.m. — 11:30 a.m. using Microsoft Teams. We can also accommodate access by phone/teleconference if preferred. Page 43 To register, please email RRPB.Mail&Ontario.ca no later than February 2" d, 2022. Due to capacity limitations, attendance for the webinar will be capped and places will be provided on a first -come basis. Webinar log -in details will be provided to registrants in advance of the session. Please feel free to forward this invitation to others you believe may be interested in receiving more information about the ministry's new environmental assessment requirements for advanced recycling, or who might be interested in attending the webinar to learn more and discuss the proposal. We look forward to your participation and input on this important initiative. Sincerely, Charles O'Hara Director, Resource Recovery Policy Branch Environmental Policy Division Ministry of the Environment, Conservation and Parks Page 44