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force, unless it is repealed at an earlier date."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