HomeMy WebLinkAboutPD-71-96DN: DEVr.GPA THE CORPORATION OF THEE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
General Purpose and Administration Committee File #
Date: Tuesday May 21, 1996 Res. #
Report #: PD -71 -96 File #: By -law #
Subject: AMENDMENT TO DEVELOPMENT CHARGES BY -LAW
Recommendations:
It is respectfully recommended that the General Purpose and Administration
Committee recommend to Council the following:
1. THAT Report PD -71 -96 be received;
2. THAT staff be authorized to schedule a Public Meeting pursuant to the
requirements of the Development Charges Act acknowledging Council's intentions
to review the proposed removal of the termination date of the Municipality's
Development Charges By -law 92 -105, as amended;
3. THAT the required Pulic Notice be advertised in the local newspapers having
general circulation in the Municipality setting forth the date, time, location and
purpose of the Public Meeting; and
4. THAT a copy of Staff Report PD -71 -96 and the decision of Council be forwarded
to the Urban Development Institute, the Toronto Home Builders Association and
the Durham Home Builders Association.
BACKGROUND:
1. By -law 92 -105, being a by -law to impose development charges under the
Development Charges Act was passed by Council on March 23, 1992. Part II,
Paragraph 11 of the said by -law states:
"This By -law will expire five (5) years after the date it comes into force,
unless it is repealed at an earlier date ".
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REPORT NO.: PD-71-96 PAGE 2
2. The expiry provision stated above was included in the By -law because the
Development Charges Act stipulates such requirement. It should be noted that
the current development charges by -law will expire on March 22, 1997.
3. On November 16, 1995, the Provincial Government introduced the first reading
of the Land Use Planning and Protection Act (Bill 20). Bill 20, amongst other
matters, introduced certain amendments to the Development Charges Act. One
of the amendments empower the Municipality to amend its development charges
by -law to remove any reference to an expiration date for the by -law. Bill 20
received Royal Assent on April 13, 1996 and the above amendment is now in
force.
4. Concurrent with the introduction of Bill 20 in November, 1995, the Minister of
Municipal Affairs also indicated that the Development Charges Act will be
reviewed. Preliminary indication is that the revised Development Charges Act will
be introduced in the fall of 1996. If and when it happens, the Municipality will
mostly be required to review its current development charges by -law and to
subsequently pass a new by -law under the revised Development Charges Act.
Although it is difficult to predict the timing of the above sequence of events, staff
feel that any comprehensive review of our by -law under the yet -to -be -seen revised
Development Charge Act will pass the March 22, 1997 expiry date of our current
by -law.
5. The Development Charges Act provides through Section (7) the necessary
mechanism by which a Council that has passed a Development Charge By -law
the opportunity to amend said by -law.
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REPORT • PD-71-96 PAGE 3
6. Similar to the procedures followed in passing a Development Charge By -law,
Council is required to hold at least one (1) public meeting prior to any amending
by -law being considered for approval. The public meeting is to be held no earlier
than twenty (20) days after the requirements for the giving of notice has been
complied with.
CONCLUSION:
1. For the reasons stated above, staff is recommending to Council to authorize a
public meeting to consider an amendment by -law to our current Development
Charge By -law to remove the expiry provision as now provided for under the Land
Use Planning and Protection Act. The amending by -law will ensure the
Municipality the ability to continue to apply development charges indefinitely until
such time a new by -law is passed under the revised Development Charges Act.
2. It should be noted that the current development charges quantum will remain
unchanged indefinitely. In the unlikely event the quantum requires adjustment,
approval by the Minister is now required under the new legislation.
Respectfully submitted,
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Franklin Wu, M.C.I.P., R.P.P.,
Director of Planning
and Development
FW *jip
May 13, 1996
Reviewed by,
W. H. Stockwell
Chief Administrative
Officer
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