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HomeMy WebLinkAboutPD-113-96REPORT #2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: DEV- CHA.COU REPORT PUBLIC MEETING Council File Meeting: e # _ Date: Monday, July 8, 1996 Report #: PD- 113 -96 File #: PLN 20.1 Res. # By -law #. Subject: PROPOSED AMENDMENT TO DEVELOPMENT CHARGES BY-LAW REMOVAL OF TERMINATION DATE WITHIN DEVELOPMENT CHARGES BY-LAW MUNICIPALITY O FILE: PLN 20.1 Recommendations: It is respectfully recommend to Council the following: 1. THAT Report PD- 113 -96 be received; 2. THAT Council approve the removal of the termination date contained in the Municipality's Development Charges By -law 92 -105 and that staff bring forward an amending by -law for passage; and 3. THAT a copy of this report and the decision of Council be forwarded to the Urban Development Institute, the Toronto Home Builders Association and the Durham Home Builders Association. 1. BACKGROUND 1.1 Council at its May 27, 1996 meeting endorsed the following resolution: "THAT Report PD -71 -96 be received; 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; THAT the required Public 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 REPORT NO. PD- 113 -96 PAGE 2 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." 1.2 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11 of the by -law states: "This By -law will expire five (5) years after the date it comes into force, unless it is repealed at an earlier date." 1.3 The expiry provision stated above was included in the By -law because the Development Charges Act stipulated such a requirement. It is noted that the current development charge by -law will expire on March 22, 1997. 1.4 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 amendments to the Development Charges Act. One of the amendments empowered the Municipality to amend its development charges by- law to remove any reference to an expiration date for the by -law. With Bill 20 receiving Royal Assent on April 13, 1996, the above amendment is now in force. 2. STAFF COMMENTS 2.1 As indicated in previous reports to Council, the Minister of Municipal Affairs has indicated that the current Development Charges Act will be reviewed by the Province. Preliminary indication is that the draft legislation will be introduced in the fall of 1996. However, the passage of the new legislation is unknown but is certain that it will be beyond the March 22, 1997 expiry date of the Municipality's Development Charges By -law. In order to ensure the Municipality still has the ability to collect development charges after March 22, 1997 and before the Municipality passes a new Development Charges By -law under the new legislation, it is imperative that the expiry date be deleted from the current by -law. REPORT NO. PD- 113 -96 PAGE 3 2.2 As required by the Development Charges Act, Council is required to hold at least one (1) public meeting prior to passing any amendment to the development charges by -law. In this regard public meeting notice was published in local newspapers on or before June 12, 1996. 2.3 As a result of the public notice, staff received three (3) inquiries of a general nature asking the intent of the proposed by -law amendment. The questions centred on the status of the development Charges By -law itself and the timing of its review. 3. CONCLUSIONS 3.1 Subsequent to Council considering the comments made by the general public through the public meeting process, staff respectfully ask Council to adopt the recommendations as provided for in this report. Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development LDT *FW *cc July 3, 1996 Reviewed by, W. H. Stockwell Chief Administrative Officer