HomeMy WebLinkAboutFND-007-05
C:!fJ!illgton
REPORT
FINANCE DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: MONDAY, JUNE 20, 2005 Resolution #:GP/I-onl-t)$
Report #: FND-007-05 File #: By-law #:r:2Oo'S - /n?5..
Subject: DEVELOPMENT CHARGES STUDY AND BY-LAW 2005
Recommendations:
It is respectfully recommended the General Purpose and Administration Committee
recommend to Council the following:
1. THAT the Development Charges Background Study, May 2005, prepared by
Hemson Consulting Ltd. Be approved;
2. THAT the Development Charges quantum for both Residential and Non-
Residential charges be approved as follows, effective July 1, 2005, subject to
annual indexing:
Residential
Single and Semi
Townhouse and Row
Large Apartment
Small Apartment
$8,377
$7,346
$5,671
$3,609
$34.94
$19.24
Non-Residential Commercial and Institutional
(per square metre) Industrial
3. THAT Council in approving the Background Study, expresses its intent to
ensure that the increase in the need for services attributable to the anticipated
development will be met and that any future excess capacity identified in the
Study will be paid for by development charges or other similar charges;
4. THAT Council has reviewed the changes made to the draft By-Law and after
having considered the changes, Council determined that there is not a need for
an additional public meeting;
FND-007-05
Page 2
5. THAT the annual report to Council on the Development Charges Reserve Fund
activity includes a status report on the building permit activity and charges
collected in relationship to the projected activity;
6. THAT for completed applications as determined by the Chief Building Official
received on or before June 30, 2005, where the development charges will be
paid by June 30, 2005, that the applicable development charges be calculated
based on By-Law 2000-108;
7. THAT correspondence received from Ridge Pine Park Inc. (Attachment "A") be
received and that Wilmot Creek homes remain under the single family dwelling
category;
8. THAT By-Law 2005-108 (Attachment "B"), inclusive of any amendments made
by Council at the meeting of June 20, 2005, be recommended to Council for
approval to rescind and replace By-Law 2000-108; and
9. THAT the Region of Durham and recorded interested parties be provided a copy
of this report and be notified of Council's decision.
Submitted by:
ReviewedbOQ.' e..e~
Franklin Wu,
Chief Administrative Officer.
NT/hjl
FND-007-05
Page 3
BACKGROUND AND INFORMATION:
1.0 The 2000 Development Charges
1.1 On July 10, 2000, Council adopted the existing development charges with the
approval of report TR-36-00, plus addendum, and the accompanying By-Law
2000-108. This By-Law. by statute expires after five years or July 31,2005.
Consequently, Council authorized staff to undertake a new background study as
required under the Development Charges Act.
1.2 The legislation only allows calculation of a charge based on the historical
average service level of the past 10 years. The legislation does not permit the
use of development charges to increase the service levels in any category. If
the allowable permitted calculated charge under the legislation is not used, the
shortfall is transferred to the tax base and the historic average is eroded, such
that in future development charges less can be recoverable.
2.0 The 2005 Development Charges Study
2.1 Staff from all Departments and the Library worked diligently, as a Steering
Committee with Craig Binning of Hemson Consulting Ltd., to bring forward the
background study May 2005. The result of the analysis was to produce a revised
development charge that reflects the services required to support the projected
new development over the next 10 years to 2014.
2.2 The background study introduction provides an overview of the areas of focus
in this report. The areas of particular emphasis were the growth forecast, the
identified capital projects, the proposed new policies and the inclusion of local
service definitions.
3.0 Non-Residential Charge
3.1 In reviewing the non-residential development charges within the lakeshore area
municipalities of Durham Region, all lower tier municipalities have a commercial
and industrial development charge. The Region of Durham is currently the only
municipality without an industrial development charge.
3.2 The cities of Pickering and Oshawa both have a standard charge for all non-
residential. Ajax and Whitby have separated industrial at a different rate than
the other non-residential components. This is the approach recommended in
Clarington also.
3.3 The residential charge being recommended is a very modest increase of 4%
over the current charge which would have indexed at approximately this amount
on July 1, 2005.
FND-007-05
Page 4
3.4 The industrial charge is very consistent with prior years. The other non-
residential charge is experiencing a significant increase. This is comparable to
other lakeshore municipalities in the Region of Durham and similar sized
municipalities in the GTA.
3.5 In all categories, the maximum permissible under the Development Charges Act
is being levied.
4.0 Tax Impact
4.1 The existing taxpayer picks up any shortfall for the cost of growth related
seNices which is not collected through the development charge. Page 18 of
the background study identifies the impact on the tax base.
5.0 Meeting with Developers
5.1 Staff and the Municipality's consultant met with the development community on
May 2th to provide an oveNiew of the background study, the methodology
applied in the development charge calculation and to provide an opportunity for
questions to be answered. The meeting was set up over and above the
requirements of the Development Charges Act and in addition to the scheduled
public meeting for June 20, 2005.
6.0 Exemptions
6.1 There are some exemptions to the Development Charge By-Law. These are
detailed in Section 18 to 23 of the Development Charge By-Law. Included in
the proposed exemptions are: intensifications and redevelopment, agricultural
development, certain public buildings, heritage homes requiring relocation,
medical professional offices, contaminated sites, historic downtown
redevelopments, research laboratory exemptions and green industrial building
credits. These are broad ranging exemptions intended to promote and support
specific identifiable objectives.
7.0 Future Potential Exemptions
7.1 It is possible that during the public review process the Municipality will be
requested to include additional exemptions. Specifically we are anticipating
requests from the Physician Recruitment Committee and Bowmanville
Community Improvement Plan focus group. In the proposed by-law, exemptions
pertaining to the areas of interest of these groups have been incorporated.
7.2 As the Development Charges by-law is reviewed at least every 5 years,
exemptions and incentives not producing the results anticipated can be
enhanced, modified or eliminated. If an exemption is producing unintended
results, amendments can be made during the life of the Bylaw.
FND-007-05
Page 5
7.3 Consideration has been given to providing incentives for infill and intensification.
However, this could have a negative impact on the retention of older buildings
within the revitalization area. Additional restrictions in the form of policy
adjustments and guidelines need to accompany any exemptions. Since a study
regarding intill and intensification is recommended as part of both the
Bowmanville CIP and Bowmanville East Town Centre Secondary Plan update,
the terms of reference for this study should examine how development charge
reductions or exemptions can be implemented to achieve the desired goals. This
can lay the groundwork for future development charges.
7.4 The King Street East Corridor Study provided urban design guidelines for the
infill of the street faifade along King Street from Liberty to Mearns and suggested
that development charges could be an implementing tool. Unfortunately due to
the number of municipal roadwork projects for this area, if the development
charges were reduced the capital expenditures would have to be drawn from
non-development charge financing and a different funding source identified. This
would create an undue burden on the taxpayer.
7.5 Development Charge exemptions are imperfect tools to achieve some desired
goals. While development charge exemptions are a type of incentive that the
municipality can provide they are not the only incentive. In some cases the
provision of a grant along with the attendant rules that the Municipality can
impose are more successful tools for accomplishing specific goals.
7.6 An exemption has been included in the DC Bylaw to provide an incentive for the
development of office space, examination rooms, etc. for new practitioners. This
exemption is provided to the developer of the facility at the time of construction.
However, there is no guarantee that the occupant will be a new doctor to the
area.
8.0 Communication from Ridge Pine Park Inc.
8.1 Subsequent to the meeting with the development community, correspondence
was received from Ridge Pine Park Inc. (Attachment "A"). They are requesting
consideration of placement in a large apartment category rather than a single
family dwelling. The structures constructed in the Wilmot Creek neighborhood
clearly fall under the definition of single detached dwelling. Also, due to the fact
that other homes scattered throughout the Municipality may have individual lower
persons per unit and would therefore be treated differently, it is recommended
that no change be made as a result of the request from Ridge Pine Park Inc.
Clarington's residential development charge policy is municipal wide, not area
specific.
FND-007-05
Page 6
9.0 Exemption Where Permits Applied For
9.1 The effective date of change in the quantum is recommended as July 1, 2005.
It is recommended that building permit applications that are in on or before June
30 and are complete will not be subject to the new By-Law. The increase in the
charge is imposed at the time of issue of the building permit and so a specific
resolution has been added to this report.
Attachments:
Attachment "A" - correspondence from Wilmot Creek
Attachment "B" - Proposed By-Law 2005-108
Interested Parties:
Wilmot Creek
1 Wheelhouse Drive, Unit 1
Newcastle, Ontario L 1 B 1 B9
Region of Durham
Finance Department
60 Bond Street
Oshawa, Ontario L 1 H 8B6
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-4169
~~,
~
WILMOT
CREEK
-...,-.;.-.......-
2 June 2005
Via Fax & Mail: 905-623-4169
Total # of Pages: ( 2 )
Ms. Nancy Taylor
Director of Finance/Treasurer
THE MUNICIPALITY OF CLARINGTON
40 Temperance Street
Bowmanville, Ontario
LlC 3A6
Re: Development Charges By-Law
Dear Nancy:
First, we would like to thank you for holding the meeting for the development industry on May
27, 2005. It was very informative and helpful in understanding the process the municipality goes
through in determining the amount the Development Charge needs to be.
Second, we want to make it clear to you that we will not appeal your Development Charge
By-law as proposed.
We do, however, remain very concerned with the fact that future Wilmot Creek purchasers of
new homes will be paying a Development Charge as if they had 3.25 persons in their home.
Wilmot Creek has a demographic characteristic of 1.7 persons per home. It is not fair that they,
in effect, will be asked to subsidize the balance of the new homeowners in the Municipality of
Clarington.
In the pursuit of fairness, we would suggest and appreciate if councilor staff would
"recommend that Wilmot Creek homes be treated as large
apartments with a population of 2.2 persons per home. "
1 Wheelhouse Drive, Unit 1, Newcastle, Ontario LIB 1B9
Toronto Direct (416) 369-0000 Administration (905) 697-5805 Sales (905) 697-5806 Fax (905) 697-2501
www.anewbeginning.ca
"
Ms. Nancy Taylor
2 June 2005
Pal!e2
Wilmot Creek economically plays a relatively significant and positive role in the Municipality of
Clarington. We believe that the benefits from tax dollars paid, through to support oflocal
businesses, churches and hospitals indicate that Wilmot Creek homeowners, and we as a
company, are not looking to avoid doing our fair share for the Municipality of Clarington.
Wilmot Creek has been in existence for 21 years and the issue of population or per capita per
home is not a question any longer. It is not fair to burden these homes with the obligation to pay
almost double that which they rightly owe.
We sincerely ask you and council to reconsider this matter and to treat the development charge
within Wilmot Creek as that of a "large apartment".
If you wish to discuss this matter, please do not hesitate to contact us at 905-796-3630 or e-mail
to daveialricedeveloDment.ca
Yours truly,
RIDGE PINE PARK INC.
David W. Rice
DWR:fc
F:\WILMOT\MunClaringlon05.wpd
cc: Mayor John Mutton
Attachment "B"
to Report FND-007-0S
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
PROPOSED BY-LAW NO. 2005-108
To impose development charge. again't land in the Municipality of
Clarington pur,uant to tl1e Development Charge, Act, 1997 (tl1e "Act")
WHEREAS sub,ection 2(1) of the Act provide, that the Council ofa municipality may by
by-law impose development charge, against land to pay for increased capital cost, required because
of increased need, for service, ari,ing from tl1e development oftl1e area to which tl1e by-law applies;
AND WHEREAS Council has before it a report entitled "Development Charge, Background
Study, The Municipality of Clarington, May 2005" (tl1e "Study'');
AND WHEREAS Council gave notice to tl1e public of a public meeting and held a public
meeting pur,uant to .ection 12 ofthe Act on June 20, 2005, prior to which tl1e Study and a propo,ed
development charge, by-law were made available to tl1e public, and Council heard comment, and
repre,entations from all per,on, who applied to be heard (the "Public Meeting") and eon,idered
Report FND-007-05 dated June 20, 2005 (the "StatfReport");
AND WHEREAS ,tatf of tl1e Municipality con,idered the public COmments and
representation. made at the Public Meeting and provided Addendum to Report FND-007-05 dated
June 27, 2005 to tl1e meeting ofthe Council held on June 27, 2005;
AND WHEREAS at it. meeting on June 27, 2005, by Re,olution No. C-XXX Council
approved the recommendation, contained in Report FND-007 -05 as amended by Addendum to
Report FND-007-05;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON ENACTS AS FOLLOWS:
Definitions
1.
(1)
In thi, By-law tl1e term:
"accessory" where used to de,cribe a building means that tl1e building i, naturally
and normally incidental, ,ubordinate in purpo,e or floor area or both, and is
exclu,ively devoted to a principal u,e or building located on the same lot.
"Act" means the Development Charge, 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 tl1ereto, .od farm" tl1e breeding and/or tl1e boarding of horse"
greenhouses, and residential buildings which are used exclusively to provide living
accommodation for employees of the operator oftl1e land devoted to the practice of
farming and which re,idential building' are occupied for fewer than eight (8)
consecutive months during each calendar year;
"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" mean, a re,idential building, or the residential portion of a
mixed-use building containing 4 or more dwelling units which have a common
entrance from the street level, common halls, stairs, elevators and/or yards, and which
is not a dwelling unit or dwelling unit, contained in a .ingle-detached dwelling, a
semi-detached dwelling, a townhou,e (rowhouse) dwelling, or a multiple dwelling;
"approval authority" means the Region' s Commissioner of Planning, the Region' s
Land Divi,ion Committee or the Ontario Municipal Board having jurisdiction to
approve a plan of,ubdivi,ion underoection 51 of the Planning Act, to grant acon.ent
under section 53 of the Planning Act, or to approve a description under section 50 of
the Condominium Act, whichever Act i, applicable in the circumstances;
"board of education" means a board as defmed in Sub.eetion 1(1) of the Education
Act 1997, '.0.1997, c.27, as amended;
"building" means a building or structure occupying an area greater than 10 'quare
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
'tornge tank;
"Building Code Act" means the Building Code Act, 1992, 8.0. 1992, chapter 23, as
amended and all Regulation, thereto including the Ootario Building Code, 1997, as
amended, and as tbey 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" mean. a development charge impo,ed by thi, 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 by more than
one person, containing its own kitchen and sanitary facilities, with a private entrance
from outside the unit itself;
"existing industrial building" means a building used for or in connection with,
(a) manufacturing, producing, processing, storing or distributing something,
(b) research or development in connection with manufacturing, producing or
processing something,
(e) retail sales by a manufacturer, producer or processor of something they
manufactured, produced or processed. if the retail sales are at the site where the
manufacturing, production or processing takes place,
(d) office or administrative purposes, if they are,
(i) carried out with respect to manufacturing, producing, processing, storage or
di,tributing of ,omething, and
(il) in or att.ched to the building or ,tructure u,ed for that manufacturing,
producing, processing, storage or distribution;
"farm building" means a farm building a. defined in the Building Code Act;
"floor" includes a paved, concrete, wooden, gravel, or dirt floor;
Page 2
"grade" mean, the average level of the propo,ed fini,hed surface of the ground
immediately abutting each building or mixed-u,e building at all exterior wall, of the
building or mixed-u,ed building in question;
"gross floor area" means the total floor area, measured between the outside of
exterior wall' or between the outside of exterior wall, and the centre line of PartY
wall. dividing the building from another building, of all floors above the average
level of fini,hed ground adjoining the building at it, exterior wall,.
"industrial" means
a) manufacturing, as,embling, processing, fabricating, refining,
b) re,eareh and development, 'torage of materials and products, truck terminal"
warehou,ing, and building. and ,truetures or portion, thereof which are de,igned,
used or intended to be u,ed for a purpose,
but the term doe. not include (1) retail ,erviee .ale, or rental areas, 'torage or
warehousing areas or uses used, designed or intended to be used in connection with
retail sales, service or rental areas. and (2) office areas or uses whether or not they are
accessory to any of the foregoing areas or uses, or to any other non-residential areas
or uses;
"land for park,", for the purpo.e, of paragraph 3 of sub,eetion 2(4) of the Act,
(a) include, land for woodlot, and land that i. acquired because it is environmentally
sensitive, and
(b) does not include land for an enclosed structure u,ed tlrroughout the year for
public recreation and land that i. necessary for the ,tructure to be used for that
purpose, including parking and access to the structure;
"land" include, building. and ,tructure.;
"large apartment" means an apartment containing 69.675 square metres of residential
floor area or more; ,
"local board" means a public utility commission, transportation commission, public
library board, board of park management, local board of health, police .erviee, 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 re'pect to any of the affair, or purpo.e. ofthe Municipality or the Region;
"lot" mean, a parcel of land within a regi'tered plan of ,ubdivi,ion or any land that
may be legally conveyed under the exemption provided in clause. 50(3)(b) or
50(5)(a) of the Planning Act;
"mezzanine" means a mezzanine a, defined in the Building Code Act;
"mixed-use building" means a building used, designed, or intended to be used either
for use for a combination of non-residential and residential areas and uses, or for a
combination of different classes or types of non-residential areas and uses;
"mobile home" means a dwelling unit 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-use building which contains one or more dwelling units;
"Municipality" mean. The Corporation of the Municipality ofClarington;
Page 3
"non-residential" means buildings or portions of mixed~use buildings containing
floors or portions of floors contained therein 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 i,
imposed;
"protracted" mean, in relation to a temporary huilding or structure the persi,tenee 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
con,truetion, erection or placement of the temporary building or .trueture was
completed;
"Region" means The Regional Municipality of Durham;
"residential" means buildings or portions of mixed-use buildings and floors or
portions of floors contained therein which are used, designed, or intended to be used
as living accommodation for one or more individual, provided in a dwelling unit(,);
"residential floor area" means the floor area of an apartment measured either between
the exterior face, ofthe exterior wall, ofthe apartment, or between the exterior face,
of one or more of the exterior walls of the apartment and one or more of the centre
line(s) of the wall(,) separating the apartment in que,tion from an abutting apartment
and the exterior face(,) of the wall(,) ,eparating the apartment in que,tion from an
adjacent corridor, elevator, lobby, or stair, whether or not any such walls contain one
or more entrances to the apartment, provided that where the apartment dwelling in
which the apartment i. located i, attached to another building by a party or common
wall the centre line of such wall ,hall be deemed to be an exterior face of an exterior
wall of the apartment dwelling in que,tion;
",emi-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 out,ide of the building, i, located on 'eparate lots, at least 50 per cent
of the above-grade area of a main wall on one ,ide of each dwelling unit i, attached
to or is the same as a main wall on one side of the other dwelling unit, building is not
attached to any other building or ,truetnre except it. own garage or ,hed and the
building has open .pace on all .ide, of it;
",erviee" mean, a ,ervice de,ignated as ,uch by ,ub,ection 6(2) ofthi, By-law;
",ingle-detached dwelling" mean, a residential building containing only one dwelling
unit which is not attached to any other building or structure except it, own garage or
shed, has open space on all sides, and has no dwelling units either above it or below
it, and the term
",ingle-detached dwelling" includes a mobile home;
"small apartment" means an apartment containing less than 69.675 square metres of
residential floor area;
"temporary building" means a building eon,tructed or erected or placed on land for a
continuous period not exceeding twelve months, or an addition or alteration to a
building or ,tructure that ha, the effect of inerea,ing the total floor area thereoffor a
continuous period not exceeding twelve months;
"total floor area", in the case of buildings other than mixed-use buildings, means the
,urn total of the total areas ofthe non-residential floor, contained in the building that
are not exempt from development charge, impo,ed by thi, By-law, whether at,
above, or below grade, measured between the exterior faces of the exterior walls of
the building. In the case of mixed-u,e huildings that contain a combination of
Page 4
residential, and/or non-re,idential areas or use. that are not exempt from
development charge, impo,ed by this By-law, "total floor area" means the sum total
of each of the total areas of the non-re,idential floors, or the sum total of the
non-re,idential portions ofthe floor, contained in the mixed-u,e building that are not
exempt from development charge, impo.ed by thi, By-law, whether at, above or
below grade, and (1) where the total area of the floor i, eompri,ed ofnon-re,idential
areas or use. that are not exempt from development charge" total floor are. ,hall be
measured between the exterior faces of the exterior walls of the mixed-use building,
and (2) where one or more portions of a floor of the mixed-use building comprise
non-residential areas or uses that are not exempt from development charges and
another portion(s) of the same floor that either is a residential area or use, or is a
non-re,idential area or use which i, not exempt from development charg.. impo,ed
by this By-law, total floor area "'all be measured either between the exterior face(s)
of the exterior wall( s) and/or between the centre lines of interior wall, which 'eparate
thenon-re,idential area(.) and u'e(s) from one or more re.idential area(,) and u'e(,)
or non-residential areas or uses that are so exempt on the same floor. In the case of
mixed-use buildings that contain (a) a combination of residential areas or uses, and
non-residential areas or uses some only of which are exempt from development
charges imposed bythi, By-law, or (b) only a combination ofclas,e, or type. of non-
residential areas or uses, some only of which are exempt from development charges
impo.ed by thi, By-law, "total floor area" means the sum total of each of the total
areas of the portions of the non-re,idential floor, that are not exempt from
development charge, impo.ed by thi, By-law, contained in the mixed-use building
whether at, above or below grade, and (I) where the total area of the floor i, non-
re,idential which i, not exempt from development charge, impo.ed by thi, By-law,
total floor area shall be measured between the exterior faces of the exterior wall. of
the mixed-u,e building, and (2) where the total area of one or more portion(s) ofa
floor(.) of the mixed-u.e building j, anon-re.idential area(,) oru,e,(,) which is not
exempt from development charge, impo,ed by this By-law and the ,ame floor also
contain, another portion(s) of a floor(,) which is exempt from development charge,
impo,ed by thi, By-law, total floor area shall be measured between the exterior
face(s) ofthe exterior wall(,) and/or the centre line(.) of interior wall, which separate
the non-re,idential area(s) and u.e(.) on the floor that are exempt from development
charges from those on the same floor that are not exempt from development charges
impo,ed by this By-law. In all cases in which the building or mixed-u.e building i.
attached to another building or mixed-use building, the centre line of the party or
Common wall ,hall be deemed to be an exterior wall of each building or mixed-u.e
building as the case may be. Where a building doe. not have any wall', "total floor
area" means the ,um total of the area of land below the roof of the building and the
total areas of the floor, in the building. Except a, otherwise provided in thi,
definition, in all cases, "total floor area"
(a) includes the floor area of a mezzanine, an air-supported structure, interior
corridors, lobbies and common areas, and the space occupied by interior wall
partitions. and
(b) exclude. any areas of the building or mixed-tlse building used for elevators,
enclosed garbage storage areas, loading facilities, mechanical equipment related
to the operation or the maintenance of the building or mixed-use building,
parking of motor vehicles and stairwell" and any ,eparately enclosed garbage
storage area,
"townl1ouse (row house) dwelling" mean, a group of three or more attached dwelling
unit, which are attached ,ide by ,ide and do not have any other dwelling unit either
above or below any of them;
"Zoning By-law" mean, the Municipality', By-law No. 84-63 and By-law No. 2005-
109, as amended, as may be further amended or replaced from time to time.
Page 5
(2) In tbi, By-law, unless the context othelWi,e requires, the singular includes the plural
and the plural include. the ,ingular.
Rule,
2.
(I)
The rule, developed under paragraph 9 of ,ub.ection 5( I) ofthe Act for determining
if a development charge i, payable in any particular case and for determining the
amount of the development charge, that are payable are set forth in section, 8 to 16,
inclusive, and ,eetion 22 ofthi, By-law.
(2) The exemption. provided for are the exemption, ,et forth in ,ections 18 to 21,
inclusive ofthi. By-law; the indexing of charge, mall be in accordance with ,eetion
15 of this By-law;
(3) The rule, for determining if a development charge credit is available shall be in
accordance with the rule, ,et forth in ,ection 22 ofthi, By-law;
(4) The rules for determining refunds .hall be in accordance with the rule. ,et forth in
Section 23 of this By-law.
Land, Affected bv Bv-law
3. TIri, By-law applie, to a1l1and, within the geograplrie area of the Municipality.
Desirnated Services
4. It i, hereby declared by Council that the development of land for re,idential building',
non-residential building' and mixed-u.e building' in the Municipality will increase the need
for services.
5. The development charge, impo,ed by ,eetion 7 of this By-law ,hall apply without regard to
the services which in fact are required or are used by or in respect of a particular
development ofland.
6.
(I)
Except where othelWi.e provided, development charge, are irnpo,ed again't land hy
this By-law to pay for increased capital costs required because of increased needs for
,erviees arising from the development ofland witlrin the Municipality.
(2) The following are de,iguated .ervice, for the purpose ofthi, By-law:
(a) General Government;
(b) Lihrary Service,:
(c) Emergency Service.;
(d) Indoor Recreation;
(e) Park Development and Related Facilities;
(I) Operations (Building., Equipment and Fleet);
(g) Parking;
(h) Transit;
(i) Roads and Related; and
(j) Storm Water Drainage and Control Service,.
Page 6
(3) The allocation, of the re,idential development charges and the non-re,identiaI
development charge, impo,ed by thi, By-law, to the designated ,ervice, referred to
in subsection 6(2) are set out in Schedules "3" and "4", respectively, hereto.
hnnosition of Develonment Chare:es
7. Except a. otherwise provided in thi, By-law, development charge. are impo,ed again't land
if the development of the land require. anyone or more of the following action, or deci,ions:
(I) the pas.ing ofa zoning by-law or ofan amendment thereto under ,ection 34 of the
Planning Act;
(2) the approval of a minor variance under ,ection 45 of the Planning Act;
(3) a conveyance of land to wlrieh a by-law passed under sub,eetion 50(7) of the
Planning Act applie,:
(4) the approval ofa plan of,ubdivi.ion under ,ection 51 of the Planning Act;
(5) a eon,ent under ,ection 53 of the Planning Act;
(6) the approval of a de.eription under section 50 of the Condominium Act: or
(7) the i,suing of a permit under the Building Code Act, 1992 in relation to a building.
8. Not more than one development charge for each of the ,erviee. ,et out in ,ubseetion 6(2) i,
impo.ed 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. Notwith'tanding section 8 ofthi, By-law, if two or more of the action, or decision, 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 oflandrequires an action or decision referred to in section 7 oftrus
By-law to be taken or made after the i.,uanee of a building permit and no development
charges have been paid, then development charges .hall be paid prior to the action or the
decision referred to in section 7 being taken or being made.
11. If the development ofland i. .ueh that it doe. not require that a building permit be issued
before the development i, commenced, but the development doe, 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 pennitted by such action or decision prior to the action or decision required for
the increased or additional development in que.tion being taken or being made.
12.
(I)
Nothing in this By-law ,hall prevent the Municipality or an approval authority from
requiring, a' a condition of an agreement under ,ections 51 or 53 of the Planning Act,
that the owner ofland, at hi, or her own expen,e, in.tall ,ueh local ,ervice, 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 ,ub.ection 12 (I), nothing in thi, 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', expen'e, ,hall in,tall
.uch ,ervices as may be determined by the Municipality or the approval authority in
accordance with the applicable law.
Page 7
Basis of Calculation of Develooment Charges
13. Subject to section 16 the development charges imposed by this By-law shall be calculated as
follows:
(1) in the cases of residential buildings, and the residential portions of mixed-use
buildings, on the basis of the number and type of dwelling units contained in them;
(2) in the cases of non-residential buildings and the non-residential portion of mixed-use
buildings, on the basis of the total floor area contained in the non-residential building
or in the non-residential portion ofthe mixed-use building proposed to be developed
for non-residential purposes, excluding industrial purposes, or proposed to be
developed for industrial purposes, as the case may be.
Amount of Develooment Charges
14.
(1)
The amount ofthe development charges payable in respect of the development of
apartment dwellings, multiple dwellings, single-detached dwellings, semi-delached
dwellings, and townhouse (rowhouse) dwellings, and in respect of the development
of the residential areas of mixed-use buildings shall be as set out and shall be
determined in accordance with subsection 16(1) of this By-law and Schedule "1"
hereto.
(2) The amount of the development charges payable in respect of development of
non-residential buildings, and in respect of the development of the non-residential
components of mixed-use buildings, shall be as set out and shall be determined in
accordance with subsection 16(2) ofthis By-law and Schedule "2" hereto.
Indexim! of Develooment Charees
15. The development charges set out in Schedules" 1" and "2" hereto shall be adjusted without
amendment to this By-law annually on January 1st in each year, commencing on January 1st,
2006, in accordance with the Statistics Canada Quarterly, Construction Price Statistics
(catalogue number 62-007) based on the 12 month period most recently available.
TiminlZ of Calculation and Pavrnent
16.
(1)
The residential development charges set out in Schedule "1" hereto are payable in
full from the date of passage ofthis by-law.
(2) The non-residential development charges set out in Schedule "2" are payable in full
from the date of passage of this by-law.
(3) Subject to subsections 16(1) and 16(2), and except as provided in section 22 ofthis
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.
Pavment bv Monev
17. Payment of development charges shall be by cash or by certified cheque.
Rules with Resoect to Exemotions for Existine Residential
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:
(1) an interior alteration to an existing residential building or structure which does not
change or intensify the use ofthe land;
Page 8
(2) the enlargement of an existing residential dwelling unit;
(3) the creation of one or two additional residential dwelling units in an existing single
detached dwelling where the total gross floor area of the additional unit(s) does not
exceed the gross floor area of the existing dwelling unit;
(4) the creation of one additional dwelling unit in a semi-detached dwelling or row
dwelling where the total gross floor area ofthe additional unit does not exceed the
gross floor area of the existing dwelling unit; or
(5) the creation of one additional dwelling unit in any other existing residential building
provided the gross floor area of the additional unit does not exceed the smallest
existing dwelling unit already in the building.
Rule With Resoect to the Exemotion of AoriculturaI Develonment
19. Agricultural development ofland is exempt from development charges imposed by this
By-law.
Rules With Resoect to the Exemotion of Certain Public and Other Buildings
20. Buildings within any of the following categories of areas or uses are hereby exempted from
development charges imposed by this By-law:
(1) buildings used, designed or intended for use as hospitals governed by the Public
Hospitals Act, R.S.O. 1990, c.P.40, as amended or replaced from time to time;
(2) buildings owned by and used, designed or intended for use for the purposes of the
Municipality, the Region, or their local boards;
(3) buildings used, designed or intended for use as a place of worship;
(4) buildings owned by a board of education and used, designed or intended for use for
school purposes including the administration or the servicing of schools;
(5) buildings owned by and used, designed or intended for use for the purposes of a
college of applied arts and technology established pursuant to the Ministry of
Colleges and Universities Act, R.S.O. 1990, c.M.19, as amended or replaced from
time to time;
(6) buildings owned by and used, designed and intended for use for the purposes of a
university established by an Act of the Legislative Assembly of Ontorio;
(7) buildings or parts thereof located either in the Clarington Science Park or the
ClaringJon Energy Park as shown on the plans contained in Schedule '6' hereto, that
are used, designed or intended to be used for the purpose of research facilities,
laboratories, offices, amenity areas and service areas for staff who conduct research,
with evidence provided to the satisfaction of the Director of Financeffreasurer;
(8) buildings owned by a corporation or organization registered as a charity for the
purposes of the Income Tax Act R.S.C. 1985, Chapter 1 (5'" Supp.) as it maybe
amended or replaced from time to time, and used, designed, or intended for use
for any residential or for any non-residential purpose of the not-for-profit
corporation or organization in question;
(9) the gross floor area of the conversion where, as a result of development of land
located in a 'revitalization area' as shown on the map contained in Schedule '5'
hereto, a building is converted in whole or in part to a different use; and
Page 9
(I 0) professional offices and ancillary facilities designed to be occupied primarily by
medical practitioners licensed by the College of Physicians and Surgeons of Ontario.
Rules with Resnect to the Exemntion of Temoorarv BuildillilS
21.
(1)
Temporary buildings are exempt from the development charges imposed by this
By-law.
(2) In the event that a temporary building becomes protracted, it shall be deemed not to
be, or ever to have been a temporary building, and the development charges required
to be paid by this By-law shall become payable on the date on which the temporary
building becomes protracted.
(3) Prior to an action or decision referred to in section 7 ofthis By-law being taken or
being made in respect of the development ofa temporary building, 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 afIer the date on which they would otherwise be payable under
subsections 16(1) or 16(2) ofthis By-law, whichever is applicable. The terms of such
agreement shall prevail over the provisions of subsections 16(1), 16(2) and 16(3) of
this By-law.
Rules with Resoect to Credits
22.
(1)
Where, as a result of the redevelopment ofland, a building or existing structure is to
be converted to another use, in whole or in part, or converted from one principal use
to another principal use on the same land or such building or structure is destroyed in
whole or in part by fire, explosion or Act of God and is demolished and reconstructed
for the same purpose for which it was put before it was destroyed, the development
charges othetwise payable with respect to such redevelopment or reconstruction shall
be reduced by the following amounts:
(a) in the case of a residential building or the residential portion of a mixed-use
building or structure, an amount calculated by multiplying the applicable
development charges under the Schedule 1 of this By-law by the number,
according to type of dwelling units that have been demolished or converted to
another principal use or demolished and reconstructed as the case may be;
and
(b) in the case of a non-residential building or the non-residential portion of a
mixed-use building or structure, an amount calculated by multiplying the
applicable development charges under Schedule 2 of this By-law by the
non-residential gross floor area that has been demolished or converted to
another principal use or demolished and reconstructed as the case may be.
(2) A credit in respect of an event referred to in subsection 22(1) shall not be given
unless within five years from the date on which the event occurred, a building permit
has been issued.
(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 or reconstruction of the building or structure as the case may be.
(4) Notwithstanding subsection 22(1) no credit will be provided when:
(a) the demolished building or structure or part thereof would have been
exempt under this by-law;
Page 10
(b) where the building or structure or part thereof would have been
exempt under this By-law prior to the conversion, redevelopment or
reconstruction as the case may be;
(c) where a development or redevelopment which is exempt in whole or
in part or eligible for any other relief under this By-law.
(5) Where a development charge is payable for a development or re-development of
lands, with the exception of development or redevelopment oflands for the purpose
of a gasoline service station, which requires the clean up oflands under the Ontario
Ministry of the Environment's "Guideline for Use at Contaminated Sites in Ontario"
as amended or replaced from time to time, an amount will be credited against the
development charge otherwise payable equal to the amount of the actual costs of
assessment and clean up of the property, approved by the Municipality, but the
credited amount shall not exceed the total development charge payable hereunder.
Rules Resoecting Refunds
23.
(1)
An amount equal to the development charge that has been paid by the owner of a
building that has been relocated to another property and designated with that property
as a property of cultural heritage value or interest under the Ontario Heritage Act
shall be paid to the owner after application is rnade to the Director of
Financeffreasurer for a refund and upon presentation of proof to the satisfaction of
the Director that the building has been so designated.
(2) An amount equal to the applicable development charge paid at the time the building
perntit was issued for a dwelling unit provided that the existing dwelling unit is
demolished within 6 months or such longer period as may be permitted by Council
following the date of issuance of the building permit for the new dwelling unit.
(3) An amount equal to the applicable development charge paid at the time the building
permit was issued if the building permit was cancelled prior to the commencement of
the construction of the building or structure in question.
(4) An amount equal to fitly percent of the applicable development charge paid at the
time the building permit was issued for industrial development in the Municipality
which is certified and registered with the Green Building Council of Canada as
meeting the LEED Canada-NC 1.0 Rating System (or its successor).
Interest
24. 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
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-Endine. AQI'eements
25. The Municipality may enter into front-ending agreements under section 44 of the Act.
Schedule
26. Schedule 1 - Residential Development Charges and Schedule 2 - Non-Residential
Development Charges are attached to and form part ofthis By-law.
Date Bv-law Effective
27. This By-law comes into force and is effective on July 1, 2005.
Page 11
Date Bv-Iaw Exnires
28. This By-law expires five years after the day on which it comes into force.
Reneal ofBv-law No.2000-I08
29. By-law No. 2000-108, is repealed effective July 1, 2005.
Headings for Reference Onlv
30. 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.
Severabilitv
31. 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 THlRD TIME, AND PASSED IN OPEN
COUNCIL THIS 27th DAY OF JUNE, 2005.
John Mutton, Mayor
Patti L. Barrie, Clerk
Page 12
SCHEDULE "I"
RESIDENTIAL DEVELOPMENT CHARGES
SCHEDULE "1" TO BY -LAW NO. 2005-108
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
RESIDENTIAL DEVELOPMENT CHARGES PER UNIT
Single and Semi-Detached
$8,377
Townhouse, Multiple & Row
Units
$7,346
Apartments
Large
$5,671
Small
$3,609
Page 13
SCHEDULE "2"
NON-RESIDENTIAL DEVELOPMENT CHARGES
SCHEDULE "1" TO BY -LAW NO. 2005-108
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
NON-RESIDENTIAL DEVELOPMENT CHARGES PER
SQUARE METRE OF G ROSS FLOOR AREA
Non-Residential
(excludin9 Industrial)
$34.94
Industrial
$19,24
Page 14
SCHEDULE "3"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-108
ALLOCATION OF RESIDENTIAL DEVELOPMENT CHARGES
% Allocation
General Government 3.61%
Library Services 5.40%
Fire Protection Services 5.04%
Indoor Recreation 30.15%
Park Development and Related Facilities 11.79%
Operations (Buildings, Equipment & Fleet) 5.97%
Parking 0.31%
Transit 0.23%
Roads & Related 37.50%
Total Development Charge 100%
Page 15
SCHEDULE "4"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2005-108
ALLOCATION OF NON-RESIDENTIAL DEVELOPMENT CHARGES
% Allocation
Non.Residential
(excluding Industrial
Industrial)
General Government 3.52% 6.39%
Library Services NIA NIA
Fire Protection Services 4.95% 8.99%
Indoor Recreation NIA NIA
Park Development and Related Facilities NIA N/A
Operations (Buildings, Equipment & Fleet) 5.87% 10.66%
Parking 0.31% 0.57%
Transit 0.23% 0.42%
Roads & Related 85.12% 72.97%
Total Development Charge 100% 100%
H;\tr_admln\lOO4developmeutehlrjesrevlew\c1ar1naton 2003 de byllw draftll.dlK'
Page 16
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