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Staff Report
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Report To: Planning and Development Committee
Date of Meeting: December 5, 2022 Report Number: PDS-051-22
Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services
Reviewed By: Mary -Anne Dempster, CAO Resolution#: PD-105-22
File Number: PLN 1.1.27 By-law Number: 2022-066
Report Subject: Bill 109, More Homes for Everyone Act, 2022 and Bill 13, Supporting
People and Businesses Act, 2021 — a Recommended Path Forward for
the Development Process
Recommendations:
1. That Report PDS-051-22 and any related delegations or communication items, be
received;
2. That Staff proceed with the Official Plan Amendment required to expand the matters
that Council may delegate in accordance with Bill 13, the Supporting People and
Businesses Act, 2021;
3. That the proposed approach to implement the Provincially mandated Planning Act
changes resulting from Bill 109, More Homes Everyone Act, 2022 be approved;
4. That Staff assess the resources necessary (staffing, consulting) to respond to Bill
109, as part of the 2023 Budget;
5. That the Fee By-law Amendment contained in Attachment 2 to Report PDS-051-22
be adopted;
6. That a copy of Report PDS-051-22 and Council's decision be sent to the Ministry of
Municipal Affairs and Housing, and the other Durham Region area municipalities;
and
7. That all interested parties listed in Report PDS-051-22 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PDS-051-22
Report Overview
Page 2
Changes to the Planning Act were recently made by the province through the enactment of
Bill 13, the Supporting People and Businesses Act, 2021 and Bill 109, the More Homes for
Everyone Act, 2022.
Bill 13 expands the delegation of approval authority powers granted to Municipal Council.
Bill 109 makes key changes to the development process, requiring municipalities to refund
certain development application fees if a decision is not made within legislative timelines and
requiring complete applications for Site Plan Control applications. The new refund
requirements come into effect January 1, 2023.
The purpose of this report is to (i) briefly summarize the province's Planning Act changes
resulting from the enactment of Bill 13 and Bill 109 as it relates to the development process,
and (ii) bring forward a proposed approach to implement the changes that responds to the
potential implications of the proposed legislation for Council's consideration.
The initiation of an amendment to the Clarington Official Plan is recommended to consider
the expanded delegation authority now permitted by the Planning Act. An enhanced pre -
consultation process is also proposed to include a review of supporting documents, studies,
and drawings to support the submission of a complete and high -quality application.
1. Introduction
1.1 The province is taking action to implement the 55 recommendations set out in the
Ontario Housing Affordability Task Force Report, (OHATF Report) released February 8,
2022. The recommendations set the foundation for the provincial target to build 1.5
million homes in Ontario over the next 10 years and provide direction for the province to
take action to increase density, streamline development processes, cut red tape,
improve the efficiency of the Ontario Land Tribunal (OLT), and provide funding to
support municipal transformation.
1.2 To date, several major steps have been taken by the province in implementing the
OHATF Report recommendations. These include:
• April 14, 2022 - enactment of Bill 109, the More Homes for Everyone Act, 2022;
• October 25, 2022 — introduction of Bill 23, the More Homes Built Faster Act, 2022;
• October 25, 2022 — launch of 20 consultation postings regarding the More Homes
Built Faster Act, 2022 on the Environmental Registry and Regulatory Registry of
Municipality of Clarington
Report PDS-051-22
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Ontario, including a 66-day consultation period on the Review of A Place to Grow
and Provincial Policy Statement; and
• November 4, 2022 — launch of a 30-day consultation on proposed changes to the
Greenbelt.
1.3 Additional delegation of authority to staff intended to contribute to the streamlining of
development processes were also brought forward by the province with the enactment
of Bill 13, the Supporting People and Businesses Act, 2021 on December 2, 2021.
1.4 The potential impacts of these initiatives represent significant change to Ontario's land
use planning and approvals processes and have significant financial and resource
implications for the Municipality.
1.5 The purpose of this report is to (i) briefly summarize the province's Planning Act
changes under the Supporting People and Businesses Act, 2021 and the More Homes
for Everyone Act, 2022 as it relates to the development process, and (ii) recommend a
path forward for the development process, including policy, process and fee changes.
Staff acknowledges that these changes will need to happen quickly given the tight
timeline from the province to implement the new legislative amendments.
1.6 The proposed changes and potential implications of Bill 23 and of changes proposed by
the province to the Greenbelt are the subject of separate reports PDS-054-22 and PDS-
059-22, respectively.
2. Bill 13, Supporting People and Business Act, 2021
2.1 Bill 13, Supporting People and Businesses Act, 2021, received Royal Assent on
December 2, 2021. Amendments made to the Planning Act came into effect
immediately, enabling Council to delegate, by by-law, its authority to pass zoning by-
laws that are of a minor nature to an appointed officer of the Municipality. Such by-laws
may include,
• A by-law to remove a holding symbol; and
• A by-law to authorize a temporary use.
2.2 Delegation of certain Council responsibilities relating to land use planning has been
done for many years by the Municipality. The responsibility for all decisions related to
the approval of a zoning by-law currently resides with Council, irrespective of the nature
of the zoning by-law.
2.3 To delegate approval authority to the Director of Planning and Infrastructure Services,
the Planning Act requires that the Official Plan provide policies to specify the types of
zoning by-laws that may be delegated. An Official Plan Amendment (OPA) is required
Municipality of Clarington
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in order to implement the changes introduced by Bill 13 and further streamline
Clarington's development processes. Subject to Council's direction, an OPA would be
prepared, and a Statutory Public Meeting scheduled in early 2023.
3. Bill 109, More Homes for Everyone Act, 2022
3.1 On March 30, 2022, the province took it's first step in implementing the
recommendations of the OHATF report, introducing the More Homes for Everyone Plan
and Bill 109, the More Homes for Everyone Act, 2022. The Act received Royal Assent
on April 14, 2022, in advance of the deadline for the 30-day public comment period.
3.2 The More Homes for Everyone Act, 2022 introduced changes to the Planning Act
intended to reduce red tape, accelerate development timelines, and streamline
approvals with the ultimate goal to increase housing supply in Ontario.
3.3 The subsequent paragraphs outline the key amendments and additions to the Planning
Act resulting from the changes introduced by Bill 109 affecting the Municipality.
Refunding Application Fees
3.4 Changes made to the Planning Act now apply punitive consequences in the form of fee
refunds from municipalities. Municipalities will be required to gradually refund Site Plan,
Zoning By-law Amendment (ZBA) and OPA application fees to an applicant if a decision
is not made within the legislated timelines.
3.5 The following chart describes the tiered refunding timeline and references calendar
days. The new timelines start from when an application and required drawings,
information and materials are received and the required fees paid (i.e., before the
application is deemed complete).
Application
No Refund
50% Refund
75% Refund
100% Refund
Combined Official
Decision made
Decision made
Decision made
Decision made
Plan Amendment
within 120 days*
within 121 and
within 180 and
240 days or later*
and Zoning By-
179 days*
239 days*
law Application
Zoning By-law
Decision made
Decision made
Decision made
Decision made
Application
within 90 days*
within 91 and 149
within 150 and
210 days or later*
days*
209 days*
Site Plan
Approved within
Approved within
Approved within
Approved 120
Application
60 days*
61 and 89 days*
90 and 119 days*
days or later*
* The "time clock" starts the day the application is received, and fees paid.
Municipality of Clarington Page 5
Report PDS-051-22
3.6 It is important to note that in order to avoid fee refunds, the changes require the
following:
• Approval of a Site Plan application (authority designated to the Director of
Planning and Infrastructure Services) within the prescribed timeline;
Decision by Council (i.e. approval or refusal) on a ZBA or joint OPA/ZBA
application within the prescribed timelines.
3.7 The Planning Act amendments do not recognize that the planning approvals process is
a partnership involving the Municipality, the applicant, the community, external agencies
including Provincial Ministries, and municipal Councils. They do not take into account
that the planning process is iterative and applicants play a significant role in both the
timing of and the quality of submissions and resubmission.
3.8 Applicants require time to review, clarify, and respond to the comments received from
Municipal departments and agencies during the review of their application. This often
takes multiple rounds of submission and resubmission; delays can often be attributed to
the quality of submissions. No mechanism has been provided to "pause the clock" while
the Municipality awaits applicants to address review comments.
3.9 Similarly, there is no mechanism provided to "pause the clock" to account for the time
required by external agencies, including provincial ministries, to review circulated
applications and resubmissions, or where the Municipality needs to retain external
consultants to support with peer reviews. The time it takes to complete these
components of the process is outside of the control of the Municipality.
3.10 According to the Greater Toronto Area Municipal Benchmarking Study — 2„d Edition
(Altus Group; September 2022) prepared on behalf of the Building Industry and Land
Development Association, "[municipal] approval timelines range from 10 to 34 months
depending on the municipality, with most types of applications (Rezoning, Site Plan,
Plan of Subdivision) taking 20 — 24 months on average GTA-wide." The new
requirements for refunding of application fees will potentially have major financial
impacts to municipalities. Even if the development review process was streamlined to
achieve a 50 per cent improvement (i.e., from 20-24 months to 10-12 months), the
Planning Act timeframes are still not met.
3.11 As of October 31, 2022, the Municipality collected $553,000 in planning application fees
for OPA, ZBA and Site Plan applications in 2022. If the legislated timelines are not met,
this would lead to a loss in revenue that would need to be absorbed by municipal levies.
The Clarington taxpayers will pay for this loss. As municipalities adapt to manage risk,
these measures may in turn slow down the development approval process and reduce
opportunities to establish more meaningful dialogue between developers and the
community, and to work collaboratively with applicants.
Municipality of Clarington
Report PDS-051-22
Amendments to Site Plan Control
Page 6
3.12 The Site Plan approval process is already delegated to the Director of Planning and
Infrastructure Services. With the Planning Act changes, the Site Plan application
process is similar to the application processes for OPAs and ZBAs, enabling the
Municipality to refuse applications that do not include the information and material
prescribed as being required by the municipality and also requiring that a notice of
completeness be given to the applicant within 30 days of the application being received
and fees paid.
Amendments to Subdivision Control
3.13 Prior to the enactment of Bill 109, the Planning Act provided the ability to include a
lapsing date with draft plan approval of subdivisions and condominiums. To streamline
decision -making, the Planning Act amendments provides a one-time discretionary
authority allowing municipalities to reinstate draft plans of subdivision which have lapsed
within the past five years without the need for a new application. This only applies
where units have not been pre -sold.
3.14 The Municipality typically includes a 3-year lapsing provision in subdivision agreements,
where owners are required to register their subdivision or condominium within 3 years of
the date of draft approval. Applicants may request an extension (subject to payment of
a fee) of their Draft Approved Plan of Subdivision, if necessary.
4. Fee Refunds Impacts and Process Changes
4.1 While enactment of Bill 109 brings forward many legislative amendments that impact the
municipal planning approvals process, the new fee refund requirements pose the
greatest risk to the Municipality and further strains already limited Municipal resources.
With these changes coming into effect January 1, 2023, immediate action is necessary
to adapt and streamline the way we do things in order to minimize the financial risk and
identify opportunities to free up capacity.
Process Streamlining
4.2 In August, Planning and Infrastructure Services retained Dillon Consulting Ltd. to
undertake the Development Review Transformation Initiative, using grant support
provided through the provincial Streamlined Development Approvals Fund. The
Transformation Initiative seeks to enhance the existing approach to providing land
development services with a view to improving the efficiency and effectiveness of
processes, taking a customer -centric approach, and maximizing the benefits that can be
realized through the Corporation's concurrent digital transformation. This initiative is
intended to build on previous continuous improvement initiatives, such as the Process
Enhancement Project in 2017 (see PSD-046-17).
Municipality of Clarington
Report PDS-051-22
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4.3 Concurrent with the Transformation Initiative, a re -organization of Municipal
development services occurred in September, including expanding the newly named
Planning and Infrastructure Services department to include municipal engineering and
economic development services. These changes, coupled with the recent
implementation of the Municipality's new Municipal Business Solution (AMANDA)
program, will better position the Department to improve customer service and
coordinate the implementation of streamlining measures.
4.4 As part of the Transformation Initiative, staff considered a range of revenue and process
options to address the new obligations and risks of the legislative changes. The
following sections outline recommended changes to the Municipality's current approach
to processing development applications in order to reduce the Municipality's risk of
having to refund planning application fees. A simplified ZBA process map is provided in
Attachment 1 to demonstrate changes between the current and the proposed updated
approach.
Pre -Consultation
4.5 By-law 2007-132 requires that pre -consultation with the Municipality occur prior to the
submission and acceptance of development applications (OPA, ZBA, Site Plan, Plan of
Subdivision, and Plan of Condominium). The pre -consultation process facilitates
potential applicants to present and discuss a development proposal with relevant staff
and external agencies. The meeting provides the opportunity to clarify the application
process and the supporting materials and information that will be required to be
submitted with the Planning Act application.
4.6 In response to the timeframes and the More Homes for Everyone Act, 2022,
implementation of an updated, enhanced, two -stage pre -application pre -consultation
process is recommended, consisting of:
Stage 1: Conceptual Proposal Review — Stage 1 reflects the current pre -
consultation carried out by the Municipality. Applicants present and discuss their
development proposal with relevant staff and agencies. The meeting aims to
provide preliminary comments on the development proposal, identify key issues,
and define the development applications, drawings, and studies that will be
required.
Stage 2: Technical Proposal Review — Stage 2 involves an initial screening of the
supporting information, materials, and studies before submission as supporting
documentation for an application, providing an opportunity to verify adequacy and
completeness. The Municipality will coordinate review and commenting from all
applicable Municipal departments and agencies in this stage. Applicants will be
requested to demonstrate how the comments provided to date have been
addressed as part of a complete application.
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Report PDS-051-22
4.7 As noted above, Stage 1 of pre -consultation will determine the development
applications, drawings, and studies that will be required for the proposal. Where the
proposed development requires both a ZBA and Site Plan application, the applications
will not be permitted to proceed to Stage 2 of pre -consultation concurrently, nor will the
applications be processed concurrently. The time needed to process a ZBA application,
which includes a Statutory Public Meeting in addition to the review process, exceeds the
60-day timeframe set out in the Planning Act for approving a Site Plan application
(Figure 1).
Combined Official Plan
Amendment and Zoning
Bv_ -law
Zoning By-law
Site Plan
I
30 60 90 120 608 - 730
❑ays
" Greater Toronto Area Mumc+par Beachmarking Study - 2nd Edition (Altus Group: Sep. 2022)
Figure 1: Comparison of Planning Act Timeframes
4.8 Should an applicant decide (contrary to Municipal requirements) to proceed with
application submission based on the information they received during Stage 1 —
Conceptual Proposal Review, this action may result in the application being deemed
incomplete. This may result in more OLT appeals.
Site Plans and Official Plan / Zoning By-law Amendments
4.9 The enhanced two -stage pre -consultation process should result in more "complete
applications." Addressing the information requirements outlined in pre -consultation prior
to submission of an application is the responsibility of applicants. It will be necessary
that staff conduct a more rigorous and time limited "completeness" review upon the
submission of applications. This may result in an increase in the number of applications
deemed incomplete, and OLT appeals filed.
Municipality of Clarington Page 9
Report PDS-051-22
4.10 To address the challenges that the legislative changes present as it relates to public
consultation and collaboration, all OPA and ZBA applicants will be required to undertake
consultation with the public prior to application submission. Indicating how the
comments and concerns of the public have been addressed will be a requirement of a
complete application. Guidance material on the Municipality's consultation and
reporting requirements will be needed to ensure a standardized approach and
expectations.
4.11 There will be less opportunity for staff to work with applicants during the application
review process, or to accept a lack of timely comments from external agencies or
resubmissions and responses from applicants. Such delays are outside of the control of
the Municipality. In the absence of having all the information necessary to make a
favourable recommendation within the Planning Act timeframes, Staff (Site Plan) and
Council (OPA/ZBA) will potentially have no other option but to recommend denial on
these applications.
Additional Administrative Matters
4.12 OPAs and ZBAs require a Statutory Public Meeting. Notice of the meeting is provided
21 days in advance of the public meeting. Current Council policy limits the number of
public meetings held during a Planning and Development Committee meeting to three
applications. Moreover, Planning and Development Committee meetings are typically
not held during the months of July and August. Reconsideration by Council of the
number of permitted Statutory Public Meetings, frequency of Planning and Development
Committee meetings, and scheduling of additional Special Planning and Development
Committee meetings may be necessary to facilitate Statutory Public Meetings within the
legislated timeframes.
4.13 OPAs and ZBAs require a decision of Council. Council will continue to have the
discretion to defer / refer development applications at Planning and Development
Committee or Council back to staff before making a decision but must be aware that this
will challenge the Municipality's ability to meet legislated timelines and may result in a
financial penalty in the form of a refund.
4.14 The Municipality's capacity to process development applications will need to increase to
manage the condensed timelines. Through the Transformation Initiative and budget
process, staff will identify opportunities to increase capacity. Staff will also review
whether there is a need to hire specialized technical staff to reduce dependency on
outside agencies, and in turn reduce processing timelines.
4.15 It is important to note that existing vacancies in Planning and Infrastructure Services
have been difficult to recruit recently given market conditions. The increased workload
and expectations resulting from the More Homes for Everyone Act, 2022 may create a
situation where the public sector is a less desirable employer. This challenge is made
Municipality of Clarington
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greater with the anticipated pressures imposed by Bill 23, the More Homes Built Faster
Act, 2022 (PDS-054-22).
Recommended Fees
4.16 Municipalities are not able to take on the cost of development with these proposed
changes as we have always used the "growth pays for growth" model. With the
Planning Act changes, the financial burden would fall to the existing tax base.
4.17 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.
4.18 The current Fee By-law 2010-142 will expire on June 30, 2023. The Municipality has
retained Hemson Consulting Ltd. to assist the Municipality to conduct a comprehensive
planning application fees review, in conjunction with the required 5-year Building Permit
fees review. The scope of the comprehensive planning Fee By-law review will consider
the process changes as presented in this report, pending Council's approval.
4.19 In order to recover a portion of the anticipated cost associated with the enhanced pre -
consultation process, an immediate update to the Fee By-law is recommended. The
proposed By-law, Attachment 2, would be in effect January 1, 2023, until June 30,
2023. The pre -consultation Stage 1 fee mirrors the current pre -consultation fee of
$1,000. The recommended fee for Stage 2 of pre -consultation is $5,000, reflecting the
additional time associated with circulation, screening and commenting.
4.20 To support provincial objectives to build more homes faster, it is also recommended that
the Fee By-law be immediately updated to introduce a new fee for extensions to Site
Plan Approval. The Municipality includes a lapsing provision in Site Plan agreements,
where owners are required to have building permits issued for their development within
two years of the date of the agreement or the agreement becomes null and void.
Generally, the Municipality has demonstrated flexibility with developers in this regard.
However, we are commonly seeing approved projects remaining undeveloped. Strict
enforcement of the lapsing provision, coupled with an extension fee will incentivize the
construction of developments to commence within two years of the Site Plan
Agreement. The recommended fee is included in Attachment 2 and is set at 50% of
the original application fee.
Transition
4.21 The following outlines transitional matters that staff propose to implement:
Municipality of Clarington
Report PDS-051-22
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The Planning Act changes regarding refunds apply to joint OPA/ZBA, ZBA, and
Site Plan applications submitted on or after January 1, 2023. While staff are
processing numerous development applications, including other types of
applications not affected by the legislative changes, prioritization of ZBA and Site
Plan applications received after January 1, 2023, over existing and new
applications not subject to the refund requirements will need to occur to minimize
the Municipality's risk of having to refund application fees. However, this also
exposes the Municipality to a higher risk of appeals on these other applications for
failure to make a decision within the prescribed timeframes.
Where a pre -consultation occurred between July 1 and December 31, 2022, the
pre -consultation will be considered to have met the requirements of Pre -
Consultation Stage 1. Completion of Pre -Consultation Stage 2 will be necessary
prior to submitting an application. Notice will be sent to the effected pre -
consultation applicants, providing instruction on the updated process they will be
required to undertake. (Note that the minutes of any pre -consultation meetings
held prior to July 1, 2022, are already deemed expired as per current pre -
consultation procedures.)
Clarington Housing Supply and Provincial Target
4.22 Report PDS-054-22 outlines the provincial housing target allocated to Clarington to
facilitate the construction of 13,000 new homes by 2031. In addition, the report
demonstrates that Clarington's housing supply is more than sufficient to meet this
target, including a supply of over 5,000 residential units based on approved applications
over the last 10 years and 31,000 units that will be within approved secondary plans by
2025.
4.23 With more than a sufficient supply of approved units available to meet the housing
targets set by the province, the provincial intervention in the form of punitive fee refunds
by municipalities with no regard for aspects of the development approvals processes
that are outside of our control is unnecessary. Further, Clarington does not need
additional provincial intervention in the form of urban boundary expansions, Minister
Zoning Orders, or changes to the Greenbelt boundary to achieve the target assigned by
the province, or to meet our own population forecasts beyond 2031.
5. Durham Region Home Builders Association Comments
5.1 Staff received comments from the Durham Region Homebuilders Association (DRHBA)
on the draft proposed process changes. Their comments centered around the argument
that the proposed changes focus on minimizing the risk of revenue loss to the
Municipality. Staff agree with that sentiment. The unrealistic timeframes afforded by
the Planning Act being tied to revenue loss to the Municipality will potentially have major
financial impacts for the tax levy.
Municipality of Clarington
Report PDS-051-22
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5.2 As indicated, the recent Altus Group report commissioned by the development industry
found that "[municipal] approval timelines range from 10 to 34 months depending on the
municipality, with most types of applications (Rezoning, Site Plan, Plan of Subdivision)
taking 20 — 24 months on average GTA-wide." In other words, none met the legislated
timeframes, even before Bill 109.
5.3 Some of the comments from the DRHBA point out some efficiencies, like releasing
agency comments as they come and the need to discuss multiple stages of the project
at the pre -consultation stage. We agree with those comments and will implement them.
6. Next Steps
6.1 There are a number of necessary actions that staff will need to take to implement and
communicate the Municipality's response to the Planning Act changes that take effect
January 1, 2023. These actions are outlined below, based on the priority for
implementation:
Implementation
Timeframe
Action
Short Term
. Provide notice of Stage 2 pre -consultation requirements to
(before Jan. 1, 2023)
applicants of pre -consultation meetings held between July 1
and December 31, 2022
• Establish an application fee refund procedure
• Update and develop new pre -consultation forms and templates
• Update the Municipality's website, brochures, and handbooks
• Undertake staff training of new processes
• Communicate changes with the development industry and
other key stakeholders on the changes proposed throughout
this report
Medium Term
. Incorporate additional staffing needs into 2023 Budget process
(Q1 2023)
• Incorporate process changes into planning applications fee
review
• Develop applicant public consultation and reporting guidelines
• Update internal procedure manuals
• AMANDA system updates to facilitate the enhanced pre -
consultation process
• Develop measurement and monitoring mechanisms to assess
the impact of the process changes and performance relative to
Planning Act timeframes
Municipality of Clarington
Report PDS-051-22
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Implementation
Action
Timeframe
Long Term
Establish standardized Terms of Reference for required
studies
6.2 Additionally, Staff continue to work on the Transformation Initiative, the outcomes of
which will be reported to Council as part of completion of the Municipality's Streamlined
Development Approvals Fund initiatives.
7. Financial Considerations
7.1 It is staff's intention to minimize, to the maximum extent possible, the need to issue
application fee refunds as a result of the new provincial legislation. Based on 2022 and
2023 budgeted revenues, the estimated annual planning application fee revenues that
would be "at risk" if refunds are required is approximately $500,000 - $650,000. This
amount equates to approximately a one percent increase to the tax levy. Application
fee refunds as a result of the More Homes for Everyone Act, 2022 will be reported to
Council through the annual budget process.
7.2 A comprehensive planning application fees update study that considers the
Municipality's response to the recent Planning Act changes and intends to recover the
full anticipated cost the Municipality for processing development applications has been
initiated, the results of which will be reported back to Council in the second quarter of
2023.
8. Concurrence
This report has been reviewed by the Deputy CAO/Treasurer who concurs with the
recommendations.
9. Conclusion
9.1 The enactment of Bill 13, the Supporting People and Businesses Act, 2021, expands
Council's authority to delegate certain Planning Act approvals to an appointed officer of
the Municipality to streamline process. The enactment of Bill 109, the More Homes for
Everyone Act, 2022, has made amendments to Planning Act application processes
which present a financial risk to the Municipality and require a Municipal response.
Municipality of Clarington Page 14
Report PDS-051-22
9.2 New application processing software and the recent expansion and restructuring of the
Planning and Infrastructure Services Department will better position the Municipality to
address the high demand for new development in Clarington. The Transformation
Initiative and Fee By-law review, now underway, will provide a longer -term roadmap for
continuous improvement and full cost recovery of development services.
9.3 To respond to the implications of Planning Act amendments stemming from the
enactment of Bill 13 and Bill 109 the initiation of an amendment to Clarington's Official
Plan to consider expanded delegation of approval authority, and immediate
enhancements to the Municipality's pre -consultation process and corresponding
planning application fee updates are recommended.
9.4 The recommended development and implementation of an enhanced pre -consultation
process intends to ensure the Municipality receives comprehensive and complete
development applications, minimizing or eliminating the need for multiple rounds of
review and revision. Coupled with this, applications will require a more rigorous review
with less opportunity to collaborate with applicants and the public. The changes may
result in more frequent deeming of incomplete applications and denials of applications
and increase the number of appeals to OLT. In addition, some external factors will
remain outside of the Municipality's control and may impede the Municipality's ability to
issue decisions on applications within the Planning Act timeframes.
9.5 The Municipality's response to legislative changes requires a fundamental shift in how
the Municipality processes applications and engages with the community and applicants
in the processing of development applications. Staff will monitor the outcomes of
implementing the approach outlined in this report, and the responses of other
municipalities and from the development industry.
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Report PDS-051-22
9.6 Council also needs to consider that in addition to More Homes for Everyone Act, 2022
and the potential revenue loss to the municipalities, the recently introduced Bill 23, the
More Homes Built Faster Act, 2022 has significant negative impacts on the
Municipality's fiscal sustainability. Bill 109, the subject of this report, combined with the
impacts of the proposed Bill 23, undermine the principle of "growth pays for growth" and
shifts the burden of many costs from the developer to the taxpayer.
Staff Contact: Lisa Backus, Manager of Community Planning, 905-623-3379 Ext. 2413 or
Ibackus(a).clarington.net; Amy Burke, Principal Planner, 905-623-3379 Ext. 2423 or
aburke _clarington.net.
Attachments:
Attachment 1 — Development Application Process Diagrams
Attachment 2 — 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 — Durham Chapter
Regional Municipality of Durham
Central Lake Ontario Conservation Authority
Ganaraska Region Conservation Authority
Attachment 1 to PDS-051-22
Zoning By-law Development Application Process: Current
(Until Dec. 31, 2022)
Early concept informational
meeting
Pre -consultation Pre -application consultation
(Conceptual)
Application submission and
payment
Complete
Application
application decision
Review
(subject to
Planning Act
timeframes)
Application circulation and
review
Public Information Centre
(if required)
Statutory Public Meeting
(if required)
Application revision, resubmission
and recirculation (if required)
Positive Recommendation OR Negative
Report to Planning & Recommendation Report to
Development Committee Planning & Development
Committee
Refer back
to staff I Decision of Council
Zoning By-law Development Application Process: Proposed:
(Effective Jan. 1, 2023)
Early concept informational
meeting
Pre -application consultation
(Conceptual)
Pre -consultation
Pre -application consultation
(Technical)
Applicant -Led
Public Information Centre
(if required)
Application submission
Application
Complete
Review
application decision
(subject to
Planning Act
timeframes)
Application circulation and
Appeal by
review
Applicant
Appeal by
(for non-
decision)
Statutory Public Meeting
Applicant
(if required)
(for non -
decision)
Issue refund
Positive Recommendation OR Negative (if timelines
Recommendation Report to note met)
Report to Planning & Planning &Development
Development Committee
Committee
Decision of Council
Attachment 2 to PDS-051-22
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131
The Corporation of the Municipality of Clarington
By-law No.
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;
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:
Commencing January 1, 2023, 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
Passed in open session this day of , 2022
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
By-law 2010-142
Schedule "A"
Planning Services/Legal Services Departments
Fee Schedule January 1, 2023 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
By-law Amendment note 7
-Zoning
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
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
Type of Application
Fee
(Credit Cards are Not Accepted)
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
Extension of Site Plan Approval
50% of the original application 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
Permit
-Sign
Permanent
$230.00
Temporary
$125.00
By-law
-Sign
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 eragreement
$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
Stage 1 — Conceptual Proposal Review
$1,000.00
Stage 2 — Technical Proposal Review
$5,000.00
Minor Pre -consultation (note 14)
$300.00
Street Name Change Request
$1,360 + $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.
Type of Application
Fee
(Credit Cards are Not Accepted)
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
Maps
$15.00 + $1.95 HST $16.95
-Large
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
Clarin ton Zoning By-law
$75.00 + $9.75 HST $84.75
Clarin ton 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 Transaction
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 m 2 ;
- 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.
Note 6
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 4th resubmission of application materials that
require circulation to internal departments and/or external agencies.
Note 14
The following are criteria for determining what constitutes a Minor Pre -consultation:
- Applications associated with a single detached dwelling; and/or
- Applications associated with an agricultural use.