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HomeMy WebLinkAboutPDS-024-22Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: May 16, 2022 Report Number: PDS-024-22 Submitted By: Ryan Windle, Director of Planning and Development Services Reviewed By: File Number: Report Subject: Rob Maciver, Deputy CAO PLN 20.5 Resolution#: PD-063-22 By-law Number: 2022-029 Amendment to Application Fees By-law for Planning and Development Applications Recommendations: 1. That Report PDS-024-22 and any related communication items, be received; 2. That the Fees By-law Amendment Attachment 1 to Report PDS-024-22 be approved; and 3. That all interested parties listed in Report PDS-024-22 and any delegations be advised of Council's decision. Municipality of Clarington Report PDS-024-22 Report Overview Page 2 This report recommends an amendment to the Fees By-law and further update to Clarington's Planning Application Fees. The proposed Fees By-law amendment recommends all fees to be increased by approximately 3%, except for the Pre -consultation Application Fee, which is recommended to increase to better reflect cost recovery. Staff will also be conducting a comprehensive review of both the Planning and Building Fees within the Fees By-law later this year and into 2023. 1. Background 1.1 Section 69 of the Planning Act allows a Municipality to pass a by-law setting out a fee schedule for processing of planning applications. The fees collected are intended to recover the "anticipated cost" to the Municipality for processing development applications. Under the current fee schedule, Clarington does not fully recover the cost of processing applications when direct and indirect costs, including staff time, overhead and circulation of revised submissions are included. 1.2 The Fees By-law was last amended by Council on April 30, 2018, coming into effect on July 1, 2018. Through report PSD-027-18, staff provided an overview of the average fees for the Durham lakeshore municipalities and Clarington's existing fees. Staff proposed modest increases to specific application fees that were significantly lower than the Durham Region average at that time. The fees have increased 3% per year since 2018. The current Fees By-law is set to expire on June 30, 2022. The proposed by-law, Attachment 1, would come into effect July 1, 2022, until June 30, 2023. 1.3 In addition, over the next year Staff, with the assistance of a consultant, will conduct a comprehensive planning Fees By-law review, in conjunction with the required 5 — year Building permit fees review. Recommendations on further fee updates would be presented to Council prior to the June 30, 2023 expiry date. 2. Revisions to Application Fees 2.1 All planning application fees are proposed to be increased by 3% (rounded) in the proposed by-law in keeping with the previous increases under the current Fees By-law. The exception to this standard increase is an additional proposed increase to the Pre - consultation Application Fee. The volume of Pre -consultation Applications, which are mandatory for all Planning applications, has increased substantially in recent years, averaging between 40 and 50 applications per year. Notably, this volume peaked in 2021, where 74 Pre -consultation Applications were processed. In addition to the volume of applications being made, the Municipality of Clarington Report PDS-024-22 Page 3 proposals are becoming more complex and as such significantly more staff time and effort to complete reviews, prepare comments, coordinate departmental and agency comments, conduct the required Pre -consultation meeting and to prepare the formal Pre -Consultation meeting minutes that are provided top all Applicants. 2.2 Clarington has created a very detailed pre -consultation process that has received praise from applicants and the development community in general for how efficient and helpful they are. As noted above, to facilitate the detailed pre -consultation application and provide the exemplary customer service the development community has come to expect, Clarington includes circulations, detailed reviews, commenting, hosting meetings, and preparation of written minutes. To continue to provide the service at the current level the fee is proposed to increase from $200 to $1,000 to better reflect the staff time spent (Municipal cost recovery) on these applications. The fee would not represent 100% cost recovery. However, in staff's opinion, it would balance affordability and recovery of at least a portion of staff/municipal costs. As noted above, the Planning and Development Services Department processes a significant number of Pre -Consultation applications per year. This is expected to continue as long-range planning documents such as the Region's Official Plan, the MOC Official Plan and multiple Secondary Plans come online, which leads to landowners and developers proceeding to development applications which then creates the need for Pre -Consultations. Assuming average volumes remain the same in coming years, Staff project that pre -consultations with the new fee would generate approximately $40,000 - $50,000 in annual revenue (average 40-50 applications/year). For reference, if the $1,000 fee was in place in 2021, it would have generated $74,000 in revenues to the Municipality. 2.3 For context, the other southern Durham municipalities generally charge between $500.00 and $1,000 for Pre -Consultations with Oshawa being the highest ($1,093.00). Staff are aware of other locations that do charge higher fees in an attempt to recover costs which include Barrie ($2,066) and Bradford West Gwillimbury ($1,650). In staff's opinion, these are comparable growth municipalities with generally the same administrative and cost structure and therefore provide an appropriate reference for the appropriateness of the proposed fee increase. 2.4 In addition to the existing Pre -consultation Application fee of $200, there is a note in the by-law that applies the funds paid to the future development application fee, should the applicant proceed with the application. Staff are proposing to remove this note as the purpose of the fee is to recover the cost of processing Pre -consultation Applications which is a separate process and a distinct piece of work separate from processing development applications. The Planning application fee is meant to cover the cost of processing those applications. Municipality of Clarington Report PDS-024-22 3. Comprehensive Fees Review Page 4 3.1 Staff are preparing to conduct a full review of the Planning Fees By-law and Building Fees, commencing with the hiring of the consultant by the Building Division in summer 2022. In addition, to a comprehensive review of the current fees staff and the consultant will be reviewing the new changes made to the Planning Act through Bill 109, More Homes for Every Act, which now includes a refund structure where municipal application fees would be refunded if Planning Act processing timeframes are not met. This refund structure is set to apply only to complete applications received after January 1, 2023. Therefore, staff and the consultant will have an opportunity to identify options to address this legislative change and if necessary report to Council before the end of the year. This is important as application fees are the primary revenue source for municipalities to recover the costs of processing development applications. Any significant refund of application fees would negatively impact the Planning and Development Services Department budget. 3.2 The intention of the comprehensive review is to investigate the full cost of processing planning applications at the same time as the required 5-year review of Building Fees. Conducting the reviews at the same time will result in time and cost efficiencies for both staff and the consultant. Major application fee reviews examine the components of full cost recovery which include Direct costs — labour costs; Indirect costs — operating costs associated with individuals supporting direct service departments allocated on step -cost basis to each service department; and Capital costs — capital asset replacement costs for facility space, vehicles, and IT equipment etc. 3.3 Staff anticipate bringing the report and any recommended fee changes to Council at the conclusion of the study. 4. Consultation 4.1 Letters were sent to BILD and the Durham Region Home Builders Association on March 31, 2022, notifying them that the Planning and Development Services Department was proposing the standard 3% increase to the current planning -related fees until July 1, 2023. The proposed increase to the current Pre -consultation Fee from $200 to $1,000 was also identified. 4.2 The letter also indicated staff would be undertaking a comprehensive review of the Fees By-law in 2022-23 and further notice would be sent when that study is underway. 4.3 At the time of finalizing this report staff have not received any correspondence from BILD or the Durham Region Home Builders Association. Municipality of Clarington Page 5 Report PDS-024-22 5. Concurrence Not Applicable. 6. Conclusion The proposed fee increases will continue the current 3% annual increase approach. It is respectfully recommended that By-law 2010-142 regarding payment of fees for information and services provided by the Municipality of Clarington be amended as shown in Attachment 1 of this report, including the increase to the Pre -consultation Application Fee. Staff Contact: Brandon Weiler, Principal Planner, (905) 623-3379 ex. 2424 or bweiler@clarington.net. Attachments: Attachment 1 — Fees By-law Amendment & Fee Schedule Interested Parties: The following interested parties will be notified of Council's decision: Durham Region Home Builders Association BILD Attachment 1 to Report PDS-024-22 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379- ext. 2131 CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 20 Being a By-law to amend Schedule A of the Fee By-law 2010-142 WHEREAS Section 69(1) of the Planning Act, R.S.O. 1990, C.P13, provides that By-laws may be passed by the Council of a Municipality to prescribe a tariff of fees for the processing of applications made in respect of planning matters (PLN 20.5); WHEREAS Section 391(1) of the Municipal Act provides for municipalities to impose fees or charges for services or activities provided or done by or on behalf of it; Now therefore the Council of the Municipality of Clarington enacts as follows: 1. Commencing July 1, 2022, the fees for services provided by the Municipality under By-law 2010-142 shall be amended by the following Schedules to this By-law: Schedule "A" — Planning Services and Legal Services Department BY-LAW passed in open session on this day of , 2022 Adrian Foster, Mayor June Gallagher, Municipal Clerk By-law 2010-142 Schedule "A" Planning Services/Legal Services Departments Fee Schedule July 1, 2022 to June 30, 2023 Type of Application Fee (Credit Cards are Not Accepted) Official Plan Amendment (note 7) Minor Application $16,900.00 Major Application (note 1) $24,760.00 Aggregate Pit or Quarry $37,380.00 Regional Official Plan Amendment Review $3,040.00 Neighbourhood Design Plan Amendment $5,640.00 Zoning By-law Amendment (note 7) Minor $8,490.00 Major (note 3) $12,730.00 Removal of (H) Holding Symbol $2,940.00 Extension of a temporary use $2,490.00 Combined Official Plan and Zoning By-law Amendments note 11 Minor $23,265.00 Major $31,125.00 Draft Plan of Subdivision (note 7) Residential $18,020 + $300/unit and $500/block Non -Residential $7,460.00 Preparation of Subdivision Agreement (note 5) ($4,510 + $586.30 HST) $5,096.30 Preparation of Subdivision Agreement Amendment (note 5) ($1,130 + $146.90 HST) $1,276.90 Recirculation Fee 50% of the base fee Red Line Revisions to Draft Approval Plan of Subdivision (note 7) All Revisions $9,960 + $300 additional/unit and $500/block Major Revisions to Subdivision Applications Not Draft Approved (note 7) Where original application was filed prior to July 1, 2000 $15,750 + $300/unit and $500/block Where original application was filed between July 1, 2000 to Dec. 31, 2006 $7,890 + $300 /unit and $500/block Where original application was filed after December 31, 2006 $7,890.00 Subdivision Clearance $2,870.00 Extension of Draft Plan Approval $2,870.00 Draft Plan of Condominium (note 7 Residential and Non -Residential $8,210.00 Application for Condominium Conversions $9,960.00 Preparation of Condominium Agreement (note 5) ($4,120 + $535.60 HST) $4,655.60 Preparation of Condominium Agreement Amendment (note 5) ($835.00 + $108.55 HST) $943.55 Type of Application Fee (Credit Cards are Not Accepted) Condominium Clearance $2,270.00 Part Lot Control (note 7) $1,130 + $60/unit Site Plan Approval / Amendment (note 7) Telecommunications Towers $9,010.00 Residential Use $6,770 + $225/unit for the first 100 units and $150 for each unit after the first 100 units Commercial Use $5,640 + $1.50/m2 commercial gross floor area Mixed Use Building note 12) $5,080 + $0.60/m2 commercial gross floor area + $60/residential unit maximum $20,000) Industrial / Other Uses $3,390 + $0.25/m2 gross floor area maximum $10,000) Amendment - Residential Use $1,130 + $50/unit maximum $6,000) Amendment - Commercial Use $2,040 + $1.50/m2 commercial gross floor area (maximum $16,000) Amendment - Mixed Use (note 12) $2,400 + $0.60/m2 commercial gross floor area + $60/residential unit maximum $16,000 Amendment - Industrial / Other Use $920 + $0.20/m2 gross floor area maximum $6,400) Minor Site Plan / Oak Ridges Moraine (note 2) $730.00 Sales Trailer / Model Home $2,270.00 Preparation of Section 41 Agreement (note 5) ($680.00 + $88.40 HST) $768.40 Preparation of Section 41 Agreement Amendment (note 5) ($680.00 + $88.40 HST) $768.40 Landscape Inspection Fee for projects with greater than 2500 sq. m. of floor area, or 25 units or greater (0.5% of the landscape cost estimate with a minimum of $1,000) Recirculation Fee 50% of the base fee Committee of Adjustment — Minor Variance (note 4 and 7) Accessory Buildings and Structures $650.00 Residential Minor (single, semi-detached, townhouse or proposed lot) $840.00 Residential Major all other residential $1,360.00 Commercial $1,940.00 Other non-residential $840.00 Tabling and Recirculation Fee (applicant initiated; $290.00 Sign Permit Permanent $230.00 Temporary $125.00 Sign By-law Type of Application Fee (Credit Cards are Not Accepted) Variance $790.00 Amendment $1,980.00 Additional Dwelling Unit Application and Registration $240.00 Registration for Applications submitted prior to January 1, 2015 $110.00 Rental Protection Act $1,460.00 Land Use Information and Compliance Letter Zoning, Building, and all other property information $190.00 Subdivision and Site Plan (per agreement) $190.00 Land Division Review Fee $730.00 Preparation of Section 53 Agreement (note 5) ($680.00 + $88.40 HST) $768.40 Peer Review (Applicant responsible for 100% Municipality's full costs of undertaking a Peer Review) Comments on Applications Under the Green Energy Act microFIT applications (10 kW or less) $190.00 FIT applications up to 10 MW (solar energy) $530.00 FIT applications up to 10 MW (other than solar) $6,880.00 Other Pre -consultation $1000.00 Street Name Change Request $1360 + $50 per municipal address Activation of a dormant application not requiring a Public Meeting 25% of the initial application fee or $1,550 whichever is greater. Application Requiring An Open House or Additional Public Meeting $1,990.00 (additional fee for each subsequent public meeting)) Application Requiring Additional Public Meeting $2,270.00 (additional fee for each subsequent public meeting where notice is provided through the local newspaper) Application Involving Review Under EPA and/or EAA Process (additional fee) $16,340.00 Ontario Municipal Board or Land Planning Appeals Tribunal Related Administration Fee (note 8) Preparation of Development / Servicing Agreement (note 5 and note 9) Folding of drawings accompanying a submission (fee per sheet) ($5.00 + $0.65 HST) $5.65 Notarial Fee By Municipal Solicitor ($25.00 + $3.25 HST) $28.25 Commissioners Fee By Municipal Staff ($25.00 + $3.25 HST) $28.25 Publications Small Maps ($5.00 + $0.65 HST) $5.65 Type of Application Fee (Credit Cards are Not Accepted) Large Maps ($15.00 + $1.95 HST) $16.95 Aerial Photography (colour) ($5.00 + $0.65 HST) $5.65 Official Plan Colour Map ($5.00 + $0.65 HST) $5.65 Clarington Official Plan ($75.00 + $9.75 HST) $84.75 Clarington Zoning By-law ($75.00 + $9.75 HST) $84.75 Clarington Street Name Index CD Format ($16.00 + $2.08 HST) $18.08 Studies: Under 40 pages ($13.00 + $1.69 HST) $14.69 40 - 100 pages ($26.00 + $3.38 HST) $29.38 100 - 200 pages ($43.00 + $5.59 HST) $48.59 over 200 pages ($60.00 + $7.80 HST) $67.80 CD ($15.00 + $1.95 HST) $16.95 Real Property Transactio For the preparation of any agreements relating to real property transactions not otherwise specifically addressed in this Fee Schedule; land transfers (e.g. right-of-ways, encroachments, leases and licensed, easements) the person requiring the agreement shall be required to pay fees and disbursements in accordance with notes 5 and 9 below. Note 1 The following are criteria for determining what constitutes a Major Official Plan Amendment application: - New golf courses or expansion to existing golf courses; - New waste facility or expansion to existing waste facility; - Commercial Development greater than 2,500 m2I - Deletion or addition of arterial or collector road; and/or - Any application that due to the broader policy implications for the Municipality would require the need to review or manage studies, or any application deemed to be a major by the Director of Planning Services. Note 2 The following are criteria for determining what constitutes a Minor Site Plan application- - A residential or agricultural site plan in the Oak Ridges Moraine as required by the Official Plan and Zoning By-law 2005-109; - A dog kennel and similarly -scaled uses; and/or - A minor alteration to an existing site plan to revise parking, add a patio, add a storage building, revise signage, add or delete portables, etc. Note 3 The following are criteria for determining what constitutes a major Zoning By-law Amendment application: -Associated with an Official Plan Amendment; - Associated with an application for proposed Plan of Subdivision; - Application involving multiple properties, except for commercial and industrial related applications; and/or - Any application that requires the review of technical support documents or studies (e.g. environmental analyses, transportation). Note 4 Minor Variance applications for the construction or placement of an accessibility device to provide access to a single-detached/link or townhouse dwelling is exempt from the fee. An "accessibility device" is defined as a device including a ramp that aids persons with physical disabilities in gaining access to a dwelling unit. Note 5 Agreement preparation fee does not include the cost of registering the agreement and all related documents (e.g. Transfers, Postponements, or inhibiting orders) in the Land Registry office. The cost of such registrations is as follows: - Initial registration $250.00 plus HST, plus disbursements - All subsequent registrations $125.00 plus HST, plus disbursements. Applicants must provide the Municipality (Legal Services) with all such costs prior to registration. 1►=@ - .�1 The following are criteria for determining what constitutes a minor application for red -line revisions to Draft Approval: - Does not require circulation to outside agencies. Note 7 Fees for all Planning applications submitted by a registered charitable organization or for a registered non-profit housing organization will be reduced by 50%. Note 8 In addition to the fees set out for Planning Act Applications, the total fees payable shall include all fees associated with supporting an applicant at any hearing where the application was approved by Municipal Council including legal fees at a rate of $180/hour and consultant/witness fees where required, but excluding the costs of the Planning Department staff. Note 9 For preparation of any development/servicing agreement other than a subdivision agreement, Section 41 agreement or a Section 53 agreement, the applicant is required to reimburse the Municipality for its legal costs. If the legal work is undertaken by the Municipal Solicitor, it will be charged at the rate of $180/hour. If the legal work is undertaken by other legal counsel, it will be charged at the legal counsel's hourly rate. The minimum fee for any such agreement shall be $475.00 plus HST. Note 10 This Schedule "A" shall remain in effect from July 1, 2022 until June 30, 2023. In the event that a fees review is not undertaken before that date fees will be increased annually by 3%, commencing on July 1, 2024. Note 11 Where Official Plan and Zoning By-law Amendments are submitted together a reduction of 50% of the Major Zoning By-law Amendment Fee shall apply. Note 12 The fee for a Mixed -Use Building will apply when residential units are proposed and a minimum of 50% of the ground floor of a building is for non-residential purposes. Note 13 Recirculation fees will be required on the 4t" resubmission of application materials that require circulation to internal departments and/or external agencies.