HomeMy WebLinkAbout99-125 r
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 99-125
To impose development charges against land in the Municipality of
Clarington pursuant to the Development Charges Act, 1997
WHEREAS subsection 2(l) of the Act provides that the Council of a municipality may by
by-law impose development charges against land to pay for increased capital costs required because
of increased needs for services arising from the development of the area to which the by-law
applies;
AND WHEREAS Council has before it a report entitled "Development Charges
Background Study,the Municipality of Clarington, dated May, 1999" (the"Study");
AND WHEREAS the Study was made available to the public and Council of the
Municipality gave notice to the public and held a public meeting pursuant to section 12 of the Act
on June 14, 1999, prior to which the Study and a proposed development charges by-law were made
available to the public, and Council heard comments and representations from all persons who
applied to be heard(the "Public Meeting");
AND WHEREAS staff of the Municipality considered the public comments and
representations made at the Public Meeting and provided a report to Council dated July 29, 1999
(the "Staff Report");
AND WHEREAS Council also has before it the "Development Charges Background Study,
The Municipality of Clarington, dated July, 1999" (the"Final Study");
AND WHEREAS at its meeting on July 29, 1999, by Resolution No. C-513-99, Council
approved the recommendations contained in the Addendum to Report ADMIN 25-99;
AND WHEREAS Council on July 19 and 29, 1999 held meetings open to the public, at
which Council considered the Study, the Final Study, the Staff Report, and further written and oral
submissions from the public;
AND WHEREAS Council determined that no further public meetings were required under
section 12 of the Act.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS:
Definitions
1. (1) In this By-law the term:
"accessory" where used to describe a building or structure means that the building
or structure is naturally and normally incidental, subordinate in purpose or floor area
or both, and is exclusively devoted to a principal use, building or structure located
on the same lot.
"Act" means the Development Charges Act, 1997, S.O. 1997, c.27, as it may be
amended from time to time;
"agricultural" means a bona fide farming operation, including farm buildings and
buildings accessory thereto, sod farms, the breeding and/or the boarding of horses,
greenhouses, and residential buildings which are used exclusively to provide living
accommodation for employees of the operator of the land devoted to the practice of
-2-
farming and which residential buildings are occupied for fewer than six (6)
consecutive months during each calendar year, but the term "agricultural" does not
include any other residential, non-residential or industrial development;
"air-supported structure" means an air supported structure as defined in the Building
Code Act;
"apartment"means a dwelling unit contained in an apartment dwelling;
"apartment dwelling" means a residential building, or the residential portion of a
mixed-use building containing 6 or more dwelling units which have a common
entrance from the street level and which is not a dwelling unit or dwelling units
contained in a single-detached dwelling, a semi-detached dwelling, a townhouse
(rowhouse)dwelling, or a multiple dwelling;
"approval authority" means the Region's Commissioner of Planning, the Region's
Land Division Committee or the Ontario Municipal Board having jurisdiction to
approve a plan of subdivision under section 51 of the Planning Act, to grant a
consent under section 53 of the Planning Act, or to approve a description under
section 50 of the Condominium Act, whichever Act is applicable in the
circumstances;
"board of eduction" means a board of education, French and English public school
boards, and separate school boards;
"building" means a building or structure occupying an area greater than 10 square
metres consisting of a wall, roof, and floor or any of them or a structural system
serving the function thereof, and includes an air-supported structure and an exterior
storage tank;
"Building Code Act" means the Building Code Act, 1992, S.O. 1992, chapter 23, as
amended and all Regulations thereto including the Ontario Building Code, 1997, as
amended, and as they may be amended or replaced from time to time;
"demolish" means to do anything in the removal of a building or a part thereof and
the term"demolition"has a corresponding meaning;
"development"includes redevelopment;
"development charge"means a development charge imposed by this By-law;
"dwelling unit"means one or more habitable rooms designed or intended to be used
together as a single and separate housekeeping unit by one person or jointly by two
or more persons, containing its own kitchen and sanitary facilities, with a private
entrance from outside the unit itself,
"farm building"means a farm building as defined in the Building Code Act;
"floor"includes a paved, concrete,wooden, gravel, or dirt floor;
"grade" means the average level of proposed or finished surface of the ground
adjacent to each building and structure at all exterior walls of a building or structure;
"gross floor area" means the total floor area, measured between the outside of
exterior walls or between the outside of exterior walls and the centre line of party
walls dividing the building from another building, of all floors above the average
-3-
level of finished ground adjoining the building at its exterior walls;
"industrial" means manufacturing, assembling, processing, fabricating, refining,
research and development, storage of materials and products, truck terminals,
warehousing, and buildings and structures or portions thereof which are designed,
used or intended to be used for a purpose, other than retail service or sales areas,
storage or warehousing in connection with retail sales or service areas and office
areas, which is accessory to any of the foregoing uses, but the term "industrial" does
not include any other non-residential use;
"land" includes buildings and structures;
"local board" means a public utility commission, transportation commission, public
library board, board of park management, local board of health, police services
board, planning board, or any other board, commission, committee, body or local
authority established or exercising any power or authority under any general or
special Act with respect to any of the affairs or purposes of the Municipality or the
Region;
"lot"has the same meaning as it has in the Zoning By-law;
"mezzanine"means a mezzanine as defined in the Building Code Act;
"mixed-use building" means a building used, designed, or intended for use for a
combination of non-residential and residential uses;
"mobile home" means a dwelling which is designed and constructed to be
transported on its own chassis and is placed on a foundation;
"multiple dwelling" means a residential building or the residential portion of a
mixed-used building which contains one or more dwelling units;
"Municipality"means The Corporation of the Municipality of Clarington;
"non-residential" means buildings or portions of mixed-use buildings which are
used, designed or intended to be used for a purpose which is not a residential
purpose;
"owner" means the owner of land or a person who has made application for an
approval for the development of land against which a development charge is
imposed;
"protracted"means in relation to a temporary building or structure the persistence of
its construction, erection, placement on land, or an alteration to or an addition to a
building for a continuous period exceeding twelve months from the date on which
the construction, erection or placement of the temporary building or structure was
completed;
"Region"means The Regional Municipality of Durham;
"residential" means buildings or portion of mixed-use buildings which are used,
designed, or intended to be used as living accommodation for one or more
individuals provided in a dwelling unit(s), and the term "residential" includes the
use of such buildings or portions of mixed-use buildings for such purpose;
-4-
"semi-detached dwelling" means a residential building divided vertically so as to
contain only two separate dwelling units each of which has an independent entrance
directly from outside of the building, is located on separate lots, at least 50 per cent
of the above-grade area of a main wall on one side of each dwelling unit is attached
to or is the same as a main wall on one side of the other dwelling unit, the building
is not attached to any other building or structure except its own garage or shed and
the building has open space on all sides of it;
"service"means a service designated as such by subsection 6(2) of this By-law;
"single-detached dwelling" means a residential building containing only one
dwelling unit which is not attached to any other building or structure except its own
garage or shed, has open space on all sides, and has no dwelling units either above it
or below it, and the term"single-detached dwelling"includes a mobile home;
"temporary building or structure" means a building or structure constructed or
erected or placed on land for a continuous period not exceeding twelve months, or
an addition or alteration to a building or structure that has the effect of increasing
the total floor area thereof for a continuous period not exceeding twelve months;
"total floor area" means the sum total of the total areas of the floors in a building or
structure, whether at, above, or below grade, measured between the exterior faces of
the exterior walls of the building or structure or from the centre line of a common
wall separating two uses, or from the outside edge of a floor where the outside edge
of the floor does not meet an exterior or common wall, and:
(a) includes the floor area of a mezzanine and air-supported structure and the
space occupied by interior wall partitions, and
(b) excludes any parts of the building or structure used for mechanical
equipment related to the operation or maintenance of the building or
structure, stairwells, elevators, washrooms, and the parking and loading of
vehicles, and;
(c) where a building does not have any walls, the total floor area shall be the
sum total of the area of land directly beneath the roof of the building and the
total areas of the floors in the building or structure;
"townhouse (rowhouse) dwelling" means a group of three or more attached
dwelling units which are attached side by side and do not have any other dwelling
unit either above or below any of them;
"Zoning By-law" means the Municipality's By-law No. 84-63, as amended, as it
may be further amended or replaced from time to time.
(2) In this By-law,unless the context otherwise requires, the singular includes the plural
and the plural includes the singular.
Rules
2. (1) The rules developed under paragraph 9 of subsection 5(1) of the Act for determining
if a development charge is payable in any particular case and for determining the
amount of the development charges that are payable are set forth in sections 4 to 17,
inclusive, and section 22 of this By-law.
-5-
(2) The exemptions provided for are the exemptions set forth in sections 18 to 21,
inclusive of this By-law; the indexing of charges shall be in accordance with section
15 of this By-law; and as is provided in subsection 16(1) of this By-law, there shall
be no phasing in of the development charges imposed by this By-law
(3) The rules for determining if a development charge is payable in the case of
redevelopment shall be in accordance with the rules set forth in section 22 of this
By-law.
Lands Affected by By-law
3. This By-law applies to all lands within the geographic area of the Municipality.
Designated Services and Reserve Funds
4. It is hereby declared by Council that the development of land for residential buildings and
the residential portions of mixed-use buildings in the Municipality will increase the need for
services.
5. The development charges imposed by section 7 of this By-law shall apply without regard to
the services which in fact are required or are used by or in respect of a particular
development of land.
6. (1) Except where otherwise provided, development charges are imposed against land by
this By-law to pay for increased capital costs required because of increased needs
for services arising from the development of land within the Municipality.
(2) The following are designated services for the purpose of this By-law:
(a) General Government;
(b) Library Services;
(c) Fire Protection Services;
(d) Indoor Recreation;
(e) Park Development and Related Facilities;
(f) Public Works Department;
(g) Roads and Related; and
(h) Storm Water Drainage and Control Services.
Imposition of Development Charges
7. Except as otherwise provided in this By-law, development charges are imposed against land
if the development of the land requires any one or more of the following actions or
decisions:
(a) the passing of a zoning by-law or of an amendment thereto under section 34 of the
Planning Act;
(b) the approval of a minor variance under section 45 of the Planning Act;
(c) a conveyance of land to which a by-law passed under subsection 50(7) of the
Planning Act applies;
1
-6-
(d) the approval of a plan of subdivision under section 51 of the Planning Act;
(e) a consent under section 53 of the Planning Act;
(f) the approval of a description under section 50 of the Condominium Act; or
(g) the issuing of a permit under the Building Code Act, 1992 in relation to a building
or structure.
8. Not more than one development charge for each of the services set out in subsection 6(2) is
imposed by this By-law upon the development of land whether or not two or more of the
actions or decisions referred to in section 7 are required before the land in question can be
developed.
9. Notwithstanding section 8 of this By-law, if two or more of the actions or decisions referred
to in section 7 occur at different times, additional development charges shall be imposed in
respect of any increase in or additional development permitted by that action or decision or
by those actions or decisions.
10. Where the development of land requires an action or decision referred to in section 7 of this
By-law to be taken or made after the issuance of a building permit and no development
charges have been paid, then development charges shall be paid prior to the action or the
decision referred to in section 7 being taken or being made.
11. If the development of land is such that it does not require that a building permit be issued
before the development is commenced, but the development does require one or more of the
other actions or decisions referred to in section 7 be taken or made before the development
is commenced, development charges shall be payable in respect of any increase in or
additional development permitted by such action or decision prior to the action or decision
required for the increased or additional development in question being taken or being made.
12. (1) Nothing in this By-law shall prevent the Municipality or an approval authority from
requiring, as a condition of an agreement under sections 51 or 53 of the Planning
Act, that the owner of land, at his or her own expense, install such local services
related to a plan of subdivision or within the area to which the plan relates, as the
approval authority may require, or that the owner pay for local connections to storm
drainage facilities installed at the owner's expense, or administrative, processing, or
inspection fees.
(2) Without derogating from subsection 12 (1), nothing in this By-law shall prevent the
Municipality or an approval authority from requiring as a condition of any approval
given under the Planning Act that the owner, at the owner's expense, shall install
such services as may be determined by the Municipality or the approval authority in
accordance with the applicable law.
Basis of Calculation of Development Charges
13. Subject to subsection 16(2) the development charges imposed by this By-law shall be
calculated in the case of residential buildings, and in the case of the residential portions of
mixed-use buildings, on the basis of the number and type of dwelling units contained in
them;
Amount of Development Charges
14. The amount of the development charges payable in respect of the development of apartment
dwellings, multiple dwellings, single-detached dwellings; semi-detached dwellings, and
t
-7-
townhouse (rowhouse) dwellings, and in respect of the development of the residential
components of mixed-use buildings shall be as set out and shall be determined in
accordance with Schedule"1" hereto.
Indexing of Development Charges
15. The development charges set out in Schedule "1" hereto shall be adjusted without
amendment to this By-law annually on July 1 st in each year, commencing on July 1 st,
2000, in accordance with the Statistics Canada Quarterly, Construction Price Statistics
(catalogue number 62-007)based on the 12 month period ending March 31.
Phasing, Timing of Calculation and Payment
16. (1) The development charges imposed by this By-law are not subject to phasing in, and
are payable in full from the effective date of this By-law.
(2) Except as provided in section 22 of this By-law, development charges shall be
calculated as of, and shall be payable on the date the first building permit is issued
for the development of the land against which the development charges imposed by
this By-law apply.
Payment by Money
17. Payment of development charges shall be by cash or by certified cheque.
Rules with Respect to Exemptions for Intensification of Existing Housing
18. This By-law does not apply to impose development charges if the only effect of any action
or decision referred to in section 7 is
(a) to permit the enlargement of an existing dwelling unit;
(b) to permit to be developed one or two additional dwelling units to the existing
dwelling unit contained in an existing single-detached dwelling, provided that the
total gross floor area of the additional dwelling unit(s) does not exceed the gross
floor area of the existing dwelling unit;
(c) to permit to be developed one additional dwelling unit to an existing dwelling unit
contained either in an existing semi-detached dwelling or in the portion of an
existing townhouse (rowhouse) dwelling which contains an existing dwelling unit
which has one or two vertical walls, but no other parts, attached to other buildings,
provided that the gross floor area of the additional dwelling unit does not exceed the
gross floor area of the existing dwelling unit; and
(d) to permit one additional dwelling unit to be developed in an existing apartment
dwelling or in an existing multiple dwelling,provided that the gross floor area of the
additional dwelling unit does not exceed the gross floor area of the smallest existing
dwelling unit in the apartment dwelling or in the multiple dwelling in question, as
the case may be.
Rule with Respect to Exemption of Non-Residential Development
19. The development of non-residential buildings and the non-residential portions of mixed-
used buildings are exempt from development charges imposed by this By-law.
-8-
Rule With Respect to the Exemption of Agricultural Development
20. Agricultural development of land is exempt from development charges imposed by this By-
law.
Rules With Respect to the Exemption of Temporary Buildings or Structures
21. (1) Temporary buildings or structure are exempt from the development charges
imposed by this By-law.
(2) In the event that a temporary building or structure becomes protracted, it shall be
deemed not to be, or ever to have been a temporary building or structure, and the
development charges required to be paid by this By-law shall become payable on
the date on which the temporary building or structure becomes protracted.
(3) Prior to the Municipality issuing a building permit for the development of a
temporary building or structure, the Municipality, pursuant to section 27 of the Act,
may require an owner to enter into an agreement which may include the provision of
security for the owner's obligation under the agreement and which agreement shall
provide for all or part of the development charges to be paid after the date on which
they would otherwise be payable under subsection 21(2) of this By-law. The terms
of such agreement shall prevail over the provisions of subsections 21(1) and 21(2)
of this By-law.
Rules with Respect to the Redevelopment of Land
22. (1) Where there is a redevelopment of land in which the conversion of space within a
building to residential purposes is proposed, or on which there was formerly erected
a residential building or structure or the residential portion of a mixed-use building
that has been demolished, a credit shall be allowed against the development charge
otherwise payable by the owner pursuant to this By-law for the portion of the
previous building or structure that is still in existence being converted to residential
purposes or for the residential portion of the building or structure that has been
demolished, as the case may be. The credit shall be calculated by multiplying the
number and type of dwelling units being converted or demolished by the relevant
development charges in effect on the date when the development charges are
payable in accordance with this By-law.
(2) A credit in respect of the demolition of an existing building or structure shall not be
given under subsection 22(1) unless within two years from the date on which the
demolition permit for the demolition in question was issued, either a building permit
has been issued or a subdivision agreement has been entered into by the owner of
the land with the Municipality for or in respect of the redevelopment of the land in
question, provided that in the case of a subdivision agreement, within eight years
after the subdivision agreement has been entered into with the Municipality a
building permit has been issued for the redevelopment of the land which is subject
to the subdivision agreement.
(3) The amount of any credit under subsection 22(1) shall not exceed in total the
amount of the development charges otherwise payable with respect to the
redevelopment of the land in question.
Interest
23. The Municipality shall pay interest on a refund under subsections 18(2), 18(3) and 25(2) of
the Act at a rate equal to the Bank of Canada rate on the date this By-law comes into force
-9-
updated on the first business day of every January, April, July and October until the date of
the repeal or the expiry of this By-law.
Front-Ending Agreements
24. The Municipality may enter into front-ending agreements under section 44 of the Act.
Schedule
25. Schedule 1 —Residential Development Charges is attached to and forms part of this By-law.
Date By-law Effective
26. This By-law comes into force on September 1, 1999.
Date By-law Expires
27. This By-law expires five years after the day on which it comes into force.
Repeal of By-law No. 92-105, as Amended
28. By-law No. 92-105 as amended by By-law Nos. 93-74, 94-115, 96-165, 97-85, 97-93, 97-
116, 97-117 and 97-220 are repealed.
Headings for Reference Only
29. The headings inserted in this By-law are for convenience of reference only and shall not
affect the construction or interpretation of this By-law.
Severability
30. If, for any reason, any provision, section, subsection or paragraph of this By-law is held
invalid, it is hereby declared to be the intention of Council that all the remainder of this By-
law shall continue in full force and effect until repealed, reenacted or amended, in whole or
in part or dealt with in any other way.
THIS BY-LAW READ A FIRST, SECOND, AND THIRD TIME, AND PASSED IN OPEN
COUNCIL THIS 29TH DAY OF JULY, 1999
iane Hamre, ayor
puty Clerk
SCHEDULE "1"
SPECIAL RUN 3- NEW RECREATION COMPLEX •BOWMANVILLE(2007)
AND NEW TWIN PAD -COURTICE REMOVED
MUNICIPALITY OF CLARINGTON
RESIDENTIAL DEVELOPMENT CHARGES
PER CAPITA AND PER UNIT
Charge Charge By Unit Type (1)
Per Single Townhouse Apartrnents
Capita 8 Semi /Row /Multiples
General Government $22.22 $7444 $64.44 $44.44
Lbrary Board $102.03 $341.80 $295.89 $204.06
Fire Department $84.29 $282.37 $244.44 $168.58
Indoor Recreation $275.33 $922.36 $798.46 $550.66
Park Development and Facilities $251.50 $842.53 $729.35 $503.00
Pubiic Works Department $109.28 $366.09 $316.91 $218.56
Sub - Total General Seriices $844.65 $2,829.58 $2,449.49 $1,689.30
Roads and Related $784.58 $2,628.33 $2,275.27 $1,569.15
Total Municipal Charge $1.629.23 $5,458 $4,725 $3,258
1) Based on Persons Per Unit Of- 3.35 2.90 2.00