Loading...
HomeMy WebLinkAboutPSD-040-12 Clarbgton REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 10, 2012 Resolution#: ', By-law#: Report#: PSD-040-12 File#: PLN 29.10 Subject: REVISIONS TO THE FIT AND MICRO-FIT PROGRAM UNDER THE GREEN ENERGY ACT 2009 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-040-12 be received; 2. THAT FIT applications be considered individually by separate Council resolutions; 3. THAT the Planning Services Fee Schedule be modified to provide for three different fees for applications under the Green Energy Act as contained in Attachment 4; and 4. THAT all interested parties listed in Report PSD-040-12 be advised of Council's decision. Submitted by: Reviewed by: Davi J C me, M IP, RPP Fr n Iii Wu, Director f Planning Services At4 Chief Administrative Officer CP/df 5 September 2012 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: PSD-040-12 PAGE 2 1. BACKGROUND 1.1 The Green Energy Act of 2009 was created to support and encourage the expansion of renewable energy sources, support energy conservation and facilitate the expansion of the green energy job market. The FIT (feed-in tariff) and microFIT programs were created under this legislation, and are meant to support small and large scale clean energy generation projects which will feed such energy back into the Ontario electrical grid, with the electricity generated paid for by the Ontario Power Authority (OPA). Through these programs, OPA enters into contracts with property owners and businesses to purchase the energy produced. 1.2 The FIT and microFIT programs were given an extensive review from 2011 to 2012. Revised rules for the FIT program came into force on August 10, while revised rules for the microFIT were launched July 12, 2012. The FIT program facilitates increased development of Renewable Generating Facilities. Solar projects generating a minimum 10kW and a maximum size of 10mW qualify under the FIT program, while projects under 10kW qualify under the microFIT program. The revised rules provide numerous changes to the program, some of which impacts municipalities role in the review of these projects. Some of these changes include: • The establishment of a points system, which will be used as a guideline to ascertain the viability and merit of projects which are applied for under the FIT programs. These points will be awarded based on applicant type, municipal support, Aboriginal support, project readiness and electricity system benefit. • FIT applications will now be accepted only during an application window, rather than on an ongoing basis. • Solar rooftop projects must reach commercial operation within 18 months of receiving a contract, compared with three years previously. • Ground-mounted solar projects need to be located on lands that are not used for residential purposes and also cannot be adjacent to lands that are used for residential purposes. • Ground-mounted solar projects are permitted on commercial and industrial lands as long as it is the secondary use of the property. However, if the project is the only use of the property, it will be ineligible. • Ground-mounted solar projects can be located only on property that does not contain Class 1, 2, or 3 soils (or a mix of these soils), or organic or specialty crop soils, regardless of zoning. REPORT NO.: PSD-040-12 PAGE 3 ® MicroFIT projects are not permitted on lands that allow a residence as the principal use. The following is the priority point table for FIT applications: PROJECT TYPE PRIORITY POINTS Community Participation Project 3 Aboriginal Participation Project 3 Education or Health Participation Project 2 NON-PROJECT TYPE PRIORITY POINTS Municipal Council Support 2 Aboriginal Support 2 Project Readiness 1 Pre-Existing Application Time Stamp is on or prior to July 4, 2011 1 Pre-Existing Application Time Stamp is on or after July 5, 2011 0.5 Education or Health Host 2 Systen Benefit 1 1.3 The new FIT and microFIT rules also require certain forms to be completed by municipal staff, and submitted as part of the OPA project application by the applicant. The FIT requirements include a form certifying that a non-rooftop solar facility is located on a commercial use and/or industrial use, is secondary to the present use, and is not on or abutting a residential use. The FIT forms are: 1. To be completed by the Chief Building Official, Chief Administrative Officer and/or Municipal Clerk: A form certifying that a non-rooftop solar facility is located on a commercial use and/or industrial use, is secondary to the present use, and is not on or abutting a residential use, OR 2. To be completed by a registered professional planner (RPP): A similar form to the above. The microFIT program also requires similar zoning forms to the FIT program, for projects that are either wind renewable generating facilities with a capacity of 3kW or less; or are a non-rooftop solar facility. The forms will be completed by the Director of Planning or designate. 1.4 Under the Green Energy Act, typical municipal land use policies and zoning provisions do not apply to green energy projects. The forms to be completed by a REPORT NO.: PSD-040-12 PAGE 4 municipal official ensures the land use provisions found within the FIT rules are adhered to. Building permits are not required for ground mounted solar units generating less than 12 kilowatts, or ground mounted wind turbines generating less than 3 kilowatts, however, building permits are still required for rooftop solar projects, and relevant heritage regulations would need to be adhered to when a project is proposed on a Designated Heritage Property. 1.5 The points allocated to "Municipal Council Support Resolution" can be obtained by an applicant in two ways: 1 . a separate Council Support Resolution for each FIT application, OR 2. a "Blanket Municipal Council Support Resolution". The Blanket Resolution available to Council expires every 12 months. Council Resolutions are not required for projects falling under the microFIT program. The provision requiring Municipal staff to complete the form(s) discussed above would still be required for each separate FIT application, regardless of the type of resolution path that Council decides to take. 1.6 Municipal Council Resolutions benefit a FIT project applicant by providing points (as shown above) towards their FIT project application. The more points an application has the greater priority it is given in the OPA's process for approval. This results in both a higher likelihood the OPA would approve the application, and a swifter process for approving the application itself. 2. COMMENTS 2.1 There are definitive challenges and benefits related to the types of developments that may occur as a result of the FIT program. These differ depending on whether the renewable energy project is proposed on an existing structure, or whether a new structure is proposed with a solar installation on its roof. Two of the applications propose new structures for the solar panels. New buildings or structures often require site plan approval. For FIT projects that involve the construction of a new building, Council will need to be satisfied that the proposed building is permitted in the location proposed and does not offend any strategic objective of the Municipality. As well it will be a challenge to ensure that the solar panels placed on its roof are indeed secondary to the use of the structure. Where there is no apparent use of the land and the sole purpose of the development appears to be the solar panels, then illicit or unapproved uses may be located within the structure itself(e.g. a storage barn/structure built for the FIT project may, over time, be used for a business eg. RV storage or any number of other uses which could potentially be non- conforming to planning regulations). As such, care must be taken in any FIT REPORT NO.: PSD-040-12 PAGE 5 application received by Clarington that the structure's use will conform to all regulations and will have little likelihood of changing or being used for purposes other than those stated by the applicant. As such, roof-mounted solar panels on existing properties would be seen as less likely to result in undesirable uses since their use would already be defined by past activity/use on the site. 2.2 Should Council agree that separate Council Support Resolution's are required for each applicable FIT application within Clarington, staff have prepared guidelines that may be used to assess whether support for the FIT project should be provided by Council. The following matrix could be used as a guideline for applicants to FIT when they are preparing their application for Council support: Topic Description Checklist Strategic Plan In most cases, a FIT program application would comply Conformity with the strategic plan's objective of"Promoting green initiatives". However impact on the environment related to new construction could put an application at odds with other aspects of the Strategic Plan. Community Is any portion of the revenue from the FIT project being Benefit given back to the local community, or are any in-kind contributions being generated from the applicant of the project? Financial Would there be any burdensome cost to the Municipality Burden on as a result of the project, which could not be recouped Clarington through the fee system currently in place? Community Larger-scale projects that are located in the urban areas Consultation of Clarington are encouraged to notify area residents and business owners of the subject site, to seek their input on ideal placement of the green energy infrastructure being proposed and keep them informed. Property Use Is the FIT project being proposed on an already existing Risk Mitigation structure (if the project is rooftop-based)? If so, will the use of that structure be changed and/or impacted by the energy project? If the FIT application is being proposed on a new structure, can the future use of the structure be confirmed? OP Policies Do the official plan policies allow for the building and proposed use? Zoning Do the zoning regulations allow for the building and Regulations proposed use? REPORT NO.: PSD-040-12 PAGE 6 2.3 At this time, Clarington's Fee By-law has a $5,263.00 fee for comments on applications under the Green Energy Act. This fee was established to review industrial wind turbine farms, or large solar panel farms). The streamlined FIT and microFIT applications are much less complicated and a smaller scale than the types of applications the original fee was intended to cover, and as such a multi-tiered fee is proposed for applications received under the Green Energy Act. The existing fee will apply to large-scale industrial wind turbine or solar panel farm Green Energy applications, and would continue to be $5,263.00. The second fee would cover the review of FIT applications, and would be set at $300.00. Finally, microFIT applications will be treated in the same way as zoning clearance letters, and as such, a processing fee of$114.00 will be charged for the review and processing of microFIT applications by Planning Services. The fees are intended to recover the costs associated with staff (planners, clerical staff, etc.) time in reviewing and commenting/report writing on the applications. Building permit application and review fees, if applicable, would be entirely separate from any review fee collected by the Planning Services Department and remain applicable. 2.4 Clarington has, to date, been presented with three applications for FIT programs within the Municipality. These projects are seeking Council support, in line with the draft FIT rule point system. A separate report on these three applications are on the agenda for Committee's review and consideration. 3. CONCURRENCE 3.1 Engineering Services, Operations and Legal Services all reviewed a draft of this report and had no objections to the recommendations proposed. 4. CONCLUSION 4.1 The FIT and microFIT programs were created in 2009 as a means to contract for renewable energy generation in Ontario. There is now some consideration for municipal land use policies, however, it is still not a factor in determining the success of a project under the FIT or microFIT program. However, Council's consideration (support/non-support) for a FIT application provides much needed priority points for an application to succeed. Staff are now required to provide information on surrounding permitted land uses for a microFIT application. 4.2 In response to the proposed revisions to the programs staff recommend Council revise the Municipality's Fee By-law to address a tiered approach to Green Energy Act applications. REPORT NO.: PSD-040-12 PAGE 7 CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: Promoting economic development Maintaining financial stability Connecting Clarington X Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Carlo Pellarin, Manager, Development Review Branch Attachments: Attachment 1 - DRAFT Prescribed Form: Municipal Council Support Resolution Attachment 2 - DRAFT Prescribed Form: Zoning Land Use Certification Attachment 3 - DRAFT Prescribed Form: Zoning Land Use Opinion Attachment 4 - Amendment to the Planning Services Fee Schedule List of interested parties to be notified of Council's decision: Hybridyne Power Development Corporation Newcastle Golf Course Chris Cooper Solart Group Hay Solar Holdings ULC c/o Michael Young William and Gloria Davies Gustav Rodricks and Marina Mascarnehas Betty and Joseph Bigger Stephanie Loreto, Certified Solar Windsor Office Attachment 1 To Report PSD-040-12 r" e- Iomido, (nn i0"!"hIT1 �.� - "CrVT R f_Ltk P f r 6 9 7 MI 7 pov raiItI c)Iity.on_ca PRESCRIBED FORM/TEMPLATE: MUNICIPAL COUNCIL SUPPORT RESOLUTION Section 6.1(d)(1)-FIT Rules,Version 2.0 0:1/x,(P/t,it-ozsr I Capitalized terms not defined herein have the meanings ascribed thereto in the FIT Rules,Version 2.0. Resolution NO: Date: WHEREAS insert name of"Applicant" (the"Applicant")proposes to construct and operate a insert description of type of project(e.g.rooftop solar,ground mount solar,bioenergy,on-shore wind) (the"Project")on insert description of the lands or building (the"Lands")in insert the name of the Local Municipality under the Province's FIT Program; AND WHEREAS the Applicant has requested that Council of insert the name of the Local Municipality indicate by resolution Council's support for the construction and operation of the Project on the Property; AND WHEREAS,pursuant to the rules governing the FIT Program (the"FIT Rules"),Applications whose Projects receive the formal support of Local Municipalities will be awarded Priority Points,which may result in the Applicant being offered a FIT Contract prior to other persons applying for FIT Contracts; NOW THEREFORE BE IT RESOLVED THAT: Council of the insert the name of the Local Municipality supports without reservation the construction and operation of the Project on the Lands. This resolution's sole purpose is to enable the Applicant to receive Priority Points under the FIT Program and may not be used for the purpose of any other form of municipal approval in relation to the Application or Project or any other purpose. (Note: signature lines for councilors or other representatives,as appropriate) FIT reference number: (Note:Must be inserted by Applicant to complete Application) Aug 2012 Page 1 of 1 Attachment 2 To Report PSD-040-12 120,u,ciawe m i-eet West,Suite 1600 Toronto,Ontario M51T IT I 1 T 416-967-7474 POWER AUTHORITV 1, F 416-967-1947 www.powerauthor i ty.on.ca microFIT PRESCRIBED FORM: ZONING CERTIFICATE FOR WIND RENEWABLE GENERATING FACILITY WITH A NAMEPLATE CAPACITY OF 3 I(W OR LESS OR NON-ROOFTOP SOLAR FACILITY- (Section 3.2(b)(2)(B) of the microFIT Rules) 0PARM-mFIT-0020 To be submitted by an Applicant as part of an Application under the microFIT Program if applying for(i)a wind Renewable Generating Facility that has a Nameplate Capacity of 3 kW or less; or(ii)a Non-Rooftop Solar Facility. To be completed and executed by a chief building official, municipal chief administrative officer, municipal clerk or equivalent municipal official that is not a registered professional planner in Ontario. For a Land Use Planner,director of planning or equivalent municipal official who,in each case is, a registered planner in Ontario, use: Prescribed Form:Zoning Opinion for wind Renewable Generating Facility with a Nameplate Capacity c f 3 kW or less or Non-Rooftop Solar Facility(Section 3.2(b)(2)(A)of the microFIT Rules) Date: Legal Name of Applicant(s): Municipal address of Site: City/Town: Province: Postal Code: Property Identification Number(PIN): Legal Description of Site: WHEREAS the Application is for(i)a wind Renewable Generating Facility that has a Nameplate Capacity of 3 kW or less or (ii) Non-Rooftop Solar Facility; AND WHEREAS Section 3.2(b)(2)(B)of the microFIT Rules requires a written certification of a chief building official, municipal chief administrative officer,municipal clerk or equivalent official of the municipality in which the Site is located,setting out certain certifications regarding the Lawfully Permitted Use at the Site and any property Abutting the Site; AND WHEREAS (insert legal name of the municipal ® (the"Undersigned")is the(check applicable box): F_ Chief Building Official F_ Municipal Chief Administrative Officer F_ Municipal Clerk [_ Other(specify): of the Local Municipality in which the Site or any property Abutting the Site is located. NOW THEREFORE THE UNDERSIGNED CERTIFIES to the OPA,and acknowledges that the OPA is relying on the certification that hereinafter follows: 1. Interpretation. (a)Capitalized terms not defined herein have the meanings ascribed to them in the microFIT Rules,Version 2.0. (b)Abut means in respect of two or more properties,properties that have a common border or boundary or are only separated from such common border or boundary by a right-of-way(other than a right-of-way in respect of which the owner, lessee,occupant or resident of one of such properties has a property interest)of having a width,at any point, of not greater than 15 metres. For greater certainty,properties separated by"highways"(as defined in the Highway Traffic Act, R.S.O. 1990,c. H.8)or"railways"(as defined in the Canada Transportation Act S.C. 1996,c. 10)do not Abut. Abutting shall have a corresponding meaning. Aug 2012 Page 1 of 2 120 Adelaide Street West,Suite 1600 Toronto,OntarioM5H 1T1 ONTARIOT 416-967-7474 POWER AUTHORITY F 416-967 1947 www.powerauthori ty.on.ca microFIT PRESCRIBED FORM: ZONING CERTIFICATE FOR WIND RENEWABLE GENERATING FACILITY WITH A NAMEPLATE CAPACITY OF 3 kW OR LESS OR NON-ROOFTOP SOLAR FACILITY- (Section 3.2(b)(2)(B) of the microFIT Rules) OPARP/f-mFIT-0020 (c)Lawfully Permitted Use means a use permitted by: (i)a zoning by-law passed pursuant to Section 34 of the Planning Act, RSO 1990,c P.13;or (ii)in territories without municipal organization, land use control imposed by: (A)a planning board being established and passing zoning by-laws; (B)zoning orders made by the Ontario Minister of Municipal Affairs and Housing;or (iii)a development permit issued pursuant to a development permit by-law. (d)Local Municipality means a "local municipality"as defined by the Municipal Act,2001, SO 2001, c 25. (e)Site means the real property on which the wind Renewable Generating Facility or Non-Rooftop Solar Facility is to be situated,as such real property is identified in the Application. 2. The Site and/or any property Abutting the Site is located in whole or in part, in the Local Municipality of [enter name of Municipality] (the"Municipality"). (Note:Where the Site or any property Abutting the Site is or is proposed to be located in the Municipolity and in one or more neighbouring municipalities,a separate Prescribed Form:Zoning Opinion for wind Renewable Generating Facility with a Nameplate Capacity of 3 kW or less or Non-Rooftop Solar Facility or Prescribed Form:Zoning Certificate for wind Renewable Generating Facility with a Nameplate Capacity cf 3kW or less or Non-Rooftop Solar Facility must be completed and executed in respect of each such neighbouring municipality). 3. The Undersigned has examined the zoning by-law(s)of the Municipality(where applicable). 4. The Undersigned certifies that neither the Site nor any property Abutting the Site(to the extent located in the Municipality), in each case,is property on which residential use is a Lawfully Permitted Use, provided that if the Lawfully Permitted Use of the Site is agricultural,any residential use of the Site,or property Abutting the Site is ancillary to the agricultural use. 5. If the Non-Rooftop Solar Facility is proposed to be located on a property on which commercial use or industrial use is a Lawfully Permitted Use,the proposed Non-Rooftop Solar Facility does not constitute the main, primary or only purpose for which the property is used. Signed this day of 20 By: Signature Name: Title: Municipality: Aug 2012 Page 2 of 2 Attachment 3 To Report PSD-040-12 1211 Nuetaiae street West,Suite 1600 Toronto,OntarioM5H 1T1 T 416-967-7474 POWER AUTHORITY F 416-967-1947 www.power authority.on.ca microFIT PRESCRIBED FORM: ZONING OPINION FOR WIND RENEWABLE GENERATING FACILITY WITH A NAMEPLATE CAPACITY OF 3 I(W OR LESS OR NON-ROOFTOP SOLAR FACILITY - (Section 3.2(b)(2)(A) of the microFIT Rules) 0PARP/f-n,FIT-001x-3 To be submitted by an Applicant as part of an Application under the microFIT Program if applying for(i)a wind Renewable Generating Facility that has a Nameplate Capacity of 3 I(W or less;or(ii)a Non-Rooftop Solar Facility. To be completed and executed by a Land Use Planner,director of planning or equivalent municipal official who, in each case, is a registered professional planner in Ontario. For a chief building official, municipal chief administrative officer, municipal clerk or equivalent municipal official that is not a registered planner in Ontario,use: Prescribed Form: Zoning Certificate for wind Renewable Generating Facility with a Nameplate Capacity of 3 kW or less or Non-Rooftop Solar Facility(Section 3.2(b)(2)(B)of the microFIT Rules) Date: Legal Name of Applicant(s): Municipal address of Site: City/Town: Province: Postal Code: Property Identification Number(PIN): Legal Description of Site: WHEREAS the Application is for(i)a wind Renewable Generating Facility that has a Nameplate Capacity of 3 kW or less or (ii)a Non-Rooftop Solar Facility; AND WHEREAS Section 3.2(b)(2)(A)of the microFIT Rules requires a written opinion of a Land Use Planner or a director of planning or equivalent municipal official, who is a member in good standing of the Canadian Institute of Planners and is a registered professional planner in Ontario,setting out certain opinions regarding the Lawfully Permitted Use at the Site and any property Abutting the Site; [insert legal name of the Land Use Planner,director of planning or equivalent municipal official,who in each case a AND WHEREAS registered professional planner in Ontario] (the"Undersigned")acts as a Land Use Planner,director of planning or equivalent municipal official for the purposes of the delivery of this.Opinion. NOW THEREFORE THE UNDERSIGNED OPINES to the OPA,and acknowledges that the OPA is relying on the opinion that hereinafter follows: 1. Interpretation. (a)Capitalized terms not defined herein have the meanings ascribed to them in the microFIT Rules,Version 2.0. (b)Abut means in respect of two or more properties,properties that have a common border or boundary or are only separated from such common border or boundary by a right-of-way(other than a right-of-way in respect of which the owner, lessee,occupant or resident of one of such properties has a property interest)of having a width, at any point, of not greater than 15 metres. For greater certainty,properties separated by"highways"(as defined in the Highway Traffic Act, R.S.O. 1990,c. H.8)or"railways"(as defined in the Canada Transportation Act S.C.1996,c. 10)do not Abut. Abutting shall have a corresponding meaning. (c)Lawfully Permitted Use means a use permitted by: (i)a zoning by-law passed pursuant to Section 34 of the Planning Act, RSO 1990,c P.13;or (ii)in territories without municipal organization, land use control imposed by: (A)a planning board being established and passing zoning by-laws; (B)zoning orders made by the Ontario Minister of Municipal Affairs and Housing;or (iii)a development permit issued pursuant to a development permit by-law. Aug 2012 Page 1 of 2 120 Adelaide Street west,Suite 1600 ONTARIO Toronto,Ontario M5H 1T1 T 416-967-7474 POWER UT°HORIT ..;:°3' F 416-967-1947 www.powerauthority.on.ca microFIT PRESCRIBED FORM: ZONING OPINION FOR WIND RENEWABLE GENERATING FACILITY WITH A NAMEPLATE CAPACITY OF 3 I(W OR LESS OR NON-ROOFTOP SOLAR FACILITY- (Section 3.2(b)(2)(A) of the microFIT Rules) 0PARM-mFIT-001x3 (d)Local Municipality means a"local municipality"as defined by the Municipal Act,2001, SO 2001,c 25. (e)Site means the real property on which the wind Renewable Generating Facility or Non-Rooftop Solar Facility is to be situated,as such real property is identified in the Application. 2. The Undersigned is a member in good standing of the Canadian Institute of Planners and is a registered professional planner in Ontario. 3. The Site and/or any property Abutting the Site is located, in whole or in part,in:(check applicable box): F the local Municipality of (insert Municipality]. (the"Municipality") j the unorganized territory of [insert Unorganized Territory] (the"Unorganized Territory") (Note:Where the Site or any property Abutting the Site is or is proposed to be located in the Municipality or the Unorganized Territory and in one or more neighbouring municipalities,a separate Prescribed Form:Zoning Opinion for wind Renewable Generating Facility with a Nameplate Capacity cf 3 kW or less or Non-Rooftop Solar Facility or Prescribed Form:Zoning Certificate for wind Renewable Generating Facility with a Nameplate Capacity of 3 kW or less or Non-Rooftop Solar Facility must be completed and executed in respect of each such neighbouring municipality). 4. The Undersigned has examined(check applicable box): for a Site and/or any property Abutting the Site in a Local Municipality,the zoning by-laws of the Municipality F' (where applicable). for a Site and/or any property Abutting the Site in an Unorganized Territory, all relevant documents pertaining to the Lawfully Permitted Uses(where applicable). S. In the Undersigned's professional opinion neither the Site nor any property Abutting the Site(to the extent located in the Municipality), in each case,is property on which a residential use is a Lawfully Permitted Use, provided that if the Lawfully Permitted Use of the Site is agricultural,any residential use of the Site,or property Abutting the Site is ancillary to the agricultural use. 6. If the Non-Rooftop Solar Facility is proposed to be located on property on which commercial use or industrial use is a Lawfully Permitted Use,the proposed Non-Rooftop Solar Facility does not constitute the main,primary or only purpose for which the property is used. Signed this day of 20 By: Signature Name: Title: Municipality: Aug 2012 Page 2 of 2 Attachment 4 To Report PSD-040-12 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2012- being a by- law to amend Schedule`A'of the Fee By-law 2010-142 WHEREAS Subsection 69(1) of the Planning Act, R. S. 0. 1990, c. P, 13, as amended, provides that by- laws may be passed by the council of a municipality to establish a tariff of fees for the processing of applications made in respect of planning matters; WHEREAS Subsection 391(1) of the Municipal Act, 2001, S. 0, 2001, c. 25, as amended, authorizes a municipality to impose fees or charges for services or activities provided or done by or on behalf of it; NOW THEREFORE. BE IT RESOLVED that the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. Commencing September 17, 2012,the fees for services provided by the Municipality under By-law No. 2010-142 shall be amended by the following Schedules to this By-law: Schedule'A'—Planning Services and Legal Services Departments. BY-LAW passed in open session this 17th day of September 2012. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk BY-LAW 2012-00_ SCHEDULE"A" PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2012 TYPE OF APPLICATION PRICE Qf#i�1a IP$ endmeTlf.nRt Minor Application $5,266.00 Major Application note 1 $12,638.00 Aggregate Pit or Quarry $26,329.00 'Adoption of Amendment $2,170.00 Regional Official Plan Amendment Review $1,302.00 ROPA Review not part of a local OPA $2,170.00 Neighbourhood Design Plan $15,798.00 Nei hbourhood Desi n Pan Amendment($3,190+Facili Rental VARIES �i�n3Fi;�B`°�laN A€it`endmen'�no#'e'�""•°°�5� ,,,��'� ''z ' �.—k� .,r� ., ""? r �f Major note 3 $5,423.00 Minor $2,170.00 Removal of H Holding Symbol $2,170.00 Removal of Environmental Holdin S mbol Zonin B -law 2005-109 $515.00 Residential $10 635+$266/unit, $54 for apartment unit VARIES Non-Residential $5,423.00 Preparation of Subdivision Agreement note 5 $3,060.00 Preparation of Subdivision Agreement Amendment note 5 $612.00 Plans fora I royal onl no a reement $976.00 so ReK:-Line=Revi'saons`to4ri A 'royal Pl ,""77 _:-,°} Major($7,976+$266 additional/unit $54/a artment VARIES Minor $2,127+$266 additional/unit $54/a artment note 6 VARIES JIM Ma"oi,Reuisiofij t ubdiv!'gI0 A` 0bWJ6- Nbt-Oiaft'A loved note:? , Where on inal application was filed prior to Jui 1,2000($10,635+$266 1unit $54/apartment)) VARIES Where original application was filed between July 1,2000 to Dec.31,2006($5,317+$266/unit VARIES ($54/apartment) Where original application was filed after December 31 2006 $5,423.00 Subdivision Clearance $2,170.00 Extension of Draft Plan A roval $2,170.00 K_ r Dra#YP,,f�n.o# gridominiurr! note:':7 ......, 7• Residential and Non-Residential($5,317+$27/unit)(note 10) VARIES Application for Condominium Conversions($5,317+$27/unit)(note 10 VARIES Preparation of Condominium Agreement note 5 $3,060.00 Preparation of Condominium Agreement Amendment note 5 $612.00 Condominium Clearance $1,627.00 Part Lot Control note.Z $774+$52/unit maximum$8,260��� -� �� -�k VARIES SifeaPlan'A"roual ;Amendriment''note,7,..': Telecommunications Towers $5,263.00 Residential Use($3,190+$207/unit) VARIES Commercial Use($3,190+$27/100m2 commercial gross floor area) VARIES Mixed Use Building($3,190+$27/100m2 commercial gross floor area+$54/residential unit(maximum VARIES $15,952)) Industrial/Other Uses $1,291+$11/100m2 gross floor area maximum$7,976 VARIES Plans for approval only no agreement) $976.00 Amendment-Residential Use $638+$27/unit maximum$5,317 VARIES Amendment-Commercial Use $1,595+$27/100m2 commercial gross floor area maximum$15,952 VARIES Amendment-Mixed Use($1,595+$27/100m2 commercial gross floor area+$27/residential unit(maximum V $15,952)) ARIES Amendment-Industrial/Other Use($638+$11/100m2 gross floor area(maximum$6,381)) VARIES Minor Site Plan/Oak Ridges Moraine note 2 $543.00 Sales Trailer/Model Home $1,084.00 Preparation of Section 41 Agreement note 5 $408.00 Preparation of Section 41 Agreement Amendment note 5 $408.00 Landscape Inspection Fee-for projects with greater than 2500 sq.m.of floor area,or 25 units or greater(0.5% VARIES of the landsca a cost estimate with a minimum of$1,000 TYPE OF APPLICATION PRICE Co�imitt0e ofAd us#med""# noter7 .,. __ Minor Variance Application(note 4) $461.00 Tabling Fee(applicant initiated) $108.00 Re-circulation(ap licant initiated) $108.00 Sn`:Perr��it Permanent $158.00 Tern ora $79.00 Variance $461.00 Amendment $1,054.00 Im1:111-111 MI ME A plication $54.00 Certificate $54.00 Rental Protection Act $1,122.00 Zoning $114.00 Subdivision $114.00 Miscellaneous includin outstandin work orders&buildin com liance $114.00 semi Review Fee $310.00 Preparation of Section 53 Agreement(note 5) $408.00 Peer Review A icant res onsible for 100%Munici all 's full costs of undertakin a Peer Review VARIES 25 1 Coiilmerlis�:on'fA `Jicatf`ons,Ui7�e�>fhe,Greeo,E er Act j microFIT applications 10 kW or lens $114.00 FIT applications up to 10 MW roof-mounted solar energy) $300.00 FIT a lications u to 10 MW other $5,263.00 Street Name Chan a Re uest $1,627.00 Activation of a dormant application not requiring a Public Meeting-25%of the initial appliction fee or$1000 VARIES which ever is greater. Application Requiring An Open House or Additional Public Meeting-additional fee for each subsequent VARIES public meeting($1,063+Facility Rental Application Requiring Additional Public Meeting-additional fee for each subsequent public meeting where VARIES notice is provided through the local newspaper($1,595+Facility Rental) A lication Involvin Review Under EPA and/or EAA Process additional fee• $12,240.00 Ontario Municipal Board Related Administration Fee note 8 VARIES Preparation of Development/Servicing Agreement note 5 and note 9 VARIES Folding of drawings accompaning a submission fee per sheet $5.00 Notarial Fee By Municipal Solicitor $20.00 Commissioners Fee B Munici al Staff $20.00 P61611,ations.<ti = Small Maps $4.00 Large Maps $13.00 Aerial Photography(colour) $4.00 Official Plan Colour Map $3.00 Clarington Official Plan $72.00 Clarington Zoning By-law $72.00 Clarington Street Name Index CD Format $15.00 Studies: Under 40 pages $12.00 40-100 pages $24.00 100-200 pages $41.00 Real Property Transactions 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 licenced,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; Expansion to urban boundary or re-designation of Future Urban Residential lands; Hamlet expansion where a settlement capacity study is required; Commercial Development greater than 2,500 m2; 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 or any application deemed to be 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,agricultural tourism use,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. BY-LAW 2012-DO— SCHEDULE"A" PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2012 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 studies,retail market studies),except for commercial and industrial related applications 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$32.50 HST,plus disbursements. All subsequent registrations$125.00 plus$16.25 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 revision 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 and consultant/witness fees where required,but excluding the costs of the Planning Department staff. Note 9 For the 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 $175/hour. If the legal work is undertaken by other legal counsel,it will be charged at that legal counsel's hourly rate.The minimum fee for any such agreement shall be$400.00 plus$52.00 HST. Note 10 The base fee only shall be applicable to any application for Draft Plan of Condominium for a parcel of land which was previously subject to a Site Plan application approved within the previous 24 months of the submission of a Draft Plan of Condominium. i BY-LAW 2012-00_ SCHEDULE"A" PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2013 TYPE OF APPLICATION PRICE Minor Application $5,398.00 Major Application note 1 $12,954.00 Aggregate Pit or Quarry $26,987.00 Adoption of Amendment $2,224.00 Regional Official Plan Amendment Review $1,334.00 ROPA Review not part of a local OPA $2,224.00 Neighbourhood Design Plan $16,193.00 Nei hbourhood Desi n Plan Amendment $3 190+Facili Rental VARIES -,--HI dme 7 F Zonm .6 -ay�rAmennf Major note 3 $5,559.00 Minor $2,224.00 Removal of H Holding Symbol $2,224.00 Removal of Environmental Holdin S mbol Zonin B-law 2005-109 $528.00 Uraff P]aq.ofSutidisi�siot5�note.7' '� � ' Residential $10 635+$266/unit, $54 forapartment unit VARIES Non-Residential $5,559.00 Preparation-of Subdivision Agreement note 5 $3,137.00 Preparation of Subdivision Agreement Amendment note 5 $627.00 Plans for a royal onl no a reement $1,001.00 Red1=ine Revisions ta:Draft`A` oval, Ian of SUbdiiston.note; 3: Major($7,976+$266 additional/unit $541a artment VARIES Minor $2,127+$266 additional/unit $541a artment note 6 VARIES Ma or Revisions to.5uddlvisioti`:p` Ilcations=Not:Di'afitA rQVed note Where original application was filed prior to Jul 1 2000($10,635+$266/unit $54/apartment)) VARIES Where original application was filed between July 1,2000 to Dec.31,2006($5,317+$266/unit VARIES ($54/apartment) Where original application was filed after December 31,2006 $5,559.00 Subdivision Clearance $2,224.00 Extension of Draft Plan A royal $2,224.00 t?iaft?lanyoi'Canddm�nlnm 4ote 7 Residential and Non-Residential($5,317+$27/unit)(note 10) VARIES Application for Condominium Conversions $5317+$27/unit note 10 VARIES Preparation of Condominium Agreement note 5 $3,137.00 Preparation of Condominium Agreement Amendment note 5 $627.00 Condominium Clearance $1,668.00 Fart Lo£Cnftroi note"7 $774+$52/unit maximum$8,260 VARIES Sife`YP.IanrA"`ro�al°l:4neniimerit°noteYZ _ Telecommunications Towers $5,395.00 Residential Use($3,190+$207/unit) VARIES Commercial Use($3,190+$27/100m2 commercial gross floor area) VARIES Mixed Use Building($3,190+$27/100m2 commercial gross floor area+$54/residential unit(maximum VARIES $15,952)) Industrial/Other Uses $1,291+$11/100m2 gross floor area maximum$7,976 VARIES Plans for approval only no agreement) $1,001.00 Amendment-Residential Use $638+$27 1unit maximum$5,317 VARIES Amendment-Commercial Use $1,595+$27/100m2 commercial gross floor area maximum$15,952 VARIES Amendment-Mixed Use($1,595+$27/100m2 commercial gross floor area+$27/residential unit(maximum V $15,952)) ARIES Amendment-Industrial/Other Use $638+$11/100m2 gross floor area maximum$6,381 VARIES Minor Site Plan/Oak Ridges Moraine note 2 $556.00 Sales Trailer/Model Home $1,111.00 Preparation of Section 41 Agreement note 5 $418.00 Preparation of Section 41 Agreement Amendment note 5)' $418.00 Landscape Inspection Fee-for projects with greater than 2500 sq.m.of floor area,or 25 units or greater(0.5% VARIES of the landscape cost estimate with a minimum of$1,000 il TYPE OF APPLICATION PRICE Minor Variance Application(note 4) $47100 Tabling Fee(applicant initiated) $111.00 Re-circulation(applicant initiated) $111.00 Permanent $162.00 Tern i ora $81.00 Variance $473.00 Amendment $1,080.00 a � m , ^wu2'oo_ SCHEDULE"A" PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE zo13 Application $55.0 —Certificate $55.00 Rental Protection Act $1,150.00 Zoning $117.00 Subdivision $117.00 Miscellaneous Uciudinl outstandin work orders&buildini comiiiancel $117.00 Review Fee $318.05 of Section 53 Alreement(note 5i $418.OD Peer Review(Applicant resionsible for 100%Municialis full costs of undertakini a Peer Reviewi VARIES 5, iiRwilawni0ima microFlT applications(10 kW or less) $117.00 FIT applications up to 10 MW(roof-mounted solar energy) $308.00 FIT aglications u I to 10 MW(other $5,395.00 Street Name Chanie Reluest $1,668,00 Activation ofa dormant application not requiring a Public Meeting-25%ofthe initial appliction fee or$1000 VARIES which ever is greater. Application Requiring An Open House or Additional Public Meeting-additional fee for each subsequent VARIES public meeting($1,063+Facility Rental) Application Requiring Additional Public Meeting-additional fee for each subsequent public meeting where notice is provided through the local newspaper($1,595+Facility Rental) VARIES Ailicationinvolvin Review Under EPA and/or EAA Process ladditional fee 12, 46.00 Ontario Municipal Board Related Administration Fee(note 8) VARIES Preparation of Development/Servicing Agreement(note 5 and note 9) VARIES Folding of drawings accompaning a submission(fee per sheet) $5.00 Notarial Fee By Municipal Solicitor $21.00 Small Maps $5.00 Large Maps $14.00 Aerial Photography(colour) $5.00 cial Plan Colour Map $3.00 Clarington Official Plan $74.00 Clarington Zoning By-law $74.00 Clarington Street Name Index CD Format $16.00 Studies: Under 40 pages $13.00 40-100 pages $25.00 100-200 pages $42.00 Real Property Transactions For the preparation of any agreements re'lating to real property transactions not otherwise specifically addressed in this Fee Schedule;land transfers(e.g.right-of-ways,encroachments,leases and licenced,easements)the person requiring the agreement shall be required to pay fees and disbursements in accordance with notes 5 and 9 below. The following are criteria for determining what constitutes o Major Official Plan Amendment application: New golf courses or expansion w existing golf courses; New waste facility v,expansion to existing waste facility; Expansion to urban boundary or re-designation of Future Urban Residential lands; Hamlet expansion where u settlement capacity study wrequired; Commercial Development greater than o.000m`; Deletion o,addition m arterial o,collector road;and/or Any application that due m the broader policy implications for the Municipality would require the need m review m manage studies, v/any application deemed wue major uv the Director"f Planning Services. Note The following are criteria for determining what constitutes a Minor Site Plan application: *residential",agricultural site plan m the Oak Ridges Moraine°"required b'the Official Plan and Zoning By-law cous'1o* A dog kennel,agricultural tourism use,and similarly-scaled uses;and/or xmmo,^/wm000m°n°m"uno"/mv/a^mm,/uovam/no.aauavaon.ouuvomran°ouomny.re,mo"/on°ue."uuv,ae/ote portables,etc, BY-LAW 2012-00 SCHEDULE"A" PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2013 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 studies,retail market studies),except for commercial and indu9trial related applications 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, Initial registration$250.00 plus$32.50 HST,plus disbursements. All subsequent registrations$125.00 plus$16.25 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 revision 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 and consultant/witness fees where required,but excluding the costs of the Planning Department staff. Note 9 For the 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 $175/hour. If the legal work is undertaken by other legal counsel,it will be charged at that legal counsel's hourly rate.The minimum fee for any such agreement shall be$400.00 plus$52.00 HST. Note 10 r The base fee only shall be applicable to any application for Draft Plan of Condominium for a parcel of land which was previously subject to a Site Plan application approved within the previous 24 months of the submission of a Draft Plan of Condominium. BY-LAW 2012-00 SCHEDULE"A" PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2014 TYPE OF APPLICATION PRICE fICia 'lalt° nfepftilBraf note Z �` Minor Application $5,560.00 Major Application note 1 $13,342.00 Aggregate Pit or Quarry $27,797.00 Adoption of Amendment $2,290.00 Regional Official Plan Amendment Review $1,374.00 ROPA Review not part of a local OPA $2,290.00 Nei hbourhood Design Plan $16,678.00 Nei hbourhood Desi n Plan Amendment $3,190+Facili Rental VARIES Zonfn J3 lWW__An1 orient Major note 3 $5,726.00 Minor $2,290.00 Removal of H Holding Symbol $2,290.00 Removal of Environmental Holdin S mbol Zonin B -law 2005-109 $544.00 Drafti;Plan ofSubdivision note? Residential $10,635+$266/unit, $54 forapartment unit VARIES Non-Residential $5,726.00 Preparation of Subdivision Agreement note 5 $3,231.00 Preparation of Subdivision Agreement Amendment note 5 $646.00 Plans for approval onl no a reement $1,031.00 Red'L''ne Revisiop .to Draft>A rovalJ'lan"of Subditi ston`note 7 Major($7,976+$266 additional/unit $54/a artment VARIES Minor $2,127+$266 additionail $541a artment note 6 VARIES MaoisRevisiansto•Siibdi'vision:A'`"11catlons.iVot,D7aftA "rovetl note? Where original application was filed prior to Jul 1,2000 $10,635+$266/unit $54/apartment)) VARIES Where original application was filed between July 1,2000 to Dec.31,2006($5,317+$266/unit VARIES ($54/a artment) Where original application was filed after December 31,2006 $5,726.00 Subdivision Clearance $2,290.00 Extension of Draft Plan A roval $2,290.00 D1'afit flan ofi Condgminiim note Residential and Non-Residential($5,317+$27/unit)(note 10) VARIES Application for Condominium Conversions($5,317+$27/unit)(note 10) VARIES Preparation of Condominium Agreement note 5 $3,231.00 Preparation of Condominium Agreement Amendment(note 5) $646.00 Condominium Clearance $1,718.00 Pa Er Lbf Confrul note,? $774+$52/unit maximum$8,260 VARIES Stte Plan A° roval7Artiendmenf note 7. ' : - - -- Telecommunications Towers $5,557.00 Residential Use($3,190+$207/unit) VARIES Commercial Use($3,190.+$27/100m2 commercial gross floor area) VARIES Mixed Use Building($3,190+$27/100m2 commercial gross floor area+$54/residential unit(maximum VARIES $15,952)) Industrial/Other Uses $1,291+$11/100m2 gross floor area maximum$7,976 VARIES Plans for approval only no agreement) $1,031.00 Amendment-Residential Use $638+$27 1unit maximum$5,317 VARIES Amendment-Commercial Use $1,595+$27/100m2 commercial gross floor area maximum$15,952 VARIES Amendment-Mixed Use($1,595+$27/100m2 commercial gross floor area+$27/residential unit(maximum VARIES $15,952 Amendment-Industrial/Other Use $638+$11/100m2 gross floor area maximum$6,381 VARIES Minor Site Plan/Oak Ridges Moraine note 2 $573.00 Sales Trailer/Model Home $1,145.00 Preparation of Section 41 Agreement note 5 $431.00 Preparation of Section 41 Agreement Amendment note 5 $431.00 Landscape Inspection Fee-for projects with greater than 2500 sq.m.of floor area,or 25 units or greater VARIES 0.5%of the landsca a cost estimate with a minimum of$1,000 TYPE OF APPLICATION PRICE ominittee of,:Ad ustmeit note 7 ' Minor Variance Application(note 4) $487.00 Tabling Fee(applicant initiated) $114.00 Re-circulation(applicant initiated) $114.00 Permanent _ $167.00 Tem i ora $83.00 BY-LAW 2012-00 SCHEDULE"A" PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2014 Variance $487.00 Amendment $1,112.00 aC[Tlen (nloUBe Application $57.00 Certificate $57.00 Rental Protection Act $1,185.00 Zoning $121.00 Subdivision $121.00 Miscellaneous includin outstandin work orders&buildin com fiance $121.00 Review Fee $327.00 Pre aration of Section 53 Agreement note 5 $431.00 Peer Review A licant res onsible for 100%Munici alit 's full costs of undertakin a Peer Review Gomments,on;A lications Under%the Green.Ener'°Act x :_ microFIT applications 10 kW or less $121.00 FIT applications up to 10 MW roof-mounted solar energy) $317.00 FIT a I lications u to 10 MW other $5,557.00 Street Name Chan le Re guest $1,718.00 Activation of a dormant application not requiring a Public Meeting-25%of the initial appliction fee or$1000 VARIES which ever is greater. Application Requiring An Open House or Additional Public Meeting-additional fee for each subsequent VARIES public meeting($1,063+Facility Rental) Application Requiring Additional Public Meeting-additional fee for each subsequent public meeting where notice is provided through the local newspaper($1,595+Facility Rental) VARIES A lication Involvin Review Under EPA and/or EAA Process additional fee $12,922.00 Ontario Municipal Board Related Administration Fee note 8 VARIES Preparation of Development/Servicing Agreement(note 5 and note 9) VARIES Folding of drawings accompaning a submission fee per sheet $5.00 Notarial Fee By Municipal Solicitor $22.00 Commissioners Fee By Munici al Staff $22.00 Publications � _ - Small Maps $5.00 Large Maps $14.00 Aerial Photography(colour) $5.00 Official Plan Colour Map $3.00 Clarington Official Plan $76.00 Clarington Zoning By-law $76.00 Clarington Street Name Index CD Format $16.00 Studies: Under 40 pages $13.00 40-100 pages $26.00 100-200 pages $43.00 Real Property Transactions 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 licenced,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: Now golf courses or expansion to existing golf courses; New waste facility or expansion to existing waste facility; Expansion to urban boundary or re-designation of Future Urban Residential lands; Hamlet expansion where a settlement capacity study is required; Commercial Development greater than 2,500 mZ; 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 or any application deemed to be 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,agricultural tourism use,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. BY-LAW 2012-00 SCHEDULE"A" PLANNING SERVICES/LEGAL SERVICES DEPARTMENTS FEE SCHEDULE 2014 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 studies,retail market studies),except for commercial and industrial related applications 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 Initial registration$250.00 plus$32.50 HST,plus disbursements. All subsequent registrations$125.00 plus$16.25 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 revision 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 and consultant/witness fees where required,but excluding the costs of the Planning Department staff. Note 9 For the 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 $175/hour. If the legal work is undertaken by other legal counsel,it will be charged at that legal counsel's hourly rate.The minimum fee for any such agreement shall be$400.00 plus$52.00 HST. Note 10 The base fee only shall be applicable to any application for Draft Plan of Condominium for a parcel of land which was previously subject to a Site Plan application approved within the previous 24 months of the submission of a Draft Plan of Condominium. Note 11 This Schedule"A"shall remain in effect from the year 2014 until further notice.