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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 Schedule "SA" to Development Charges By-law 2005-108 \ f-- -- - I KING AVEN .~ r- r-- ~-- I~~ 1/ . FoRD " ~ r-- _ t:=;H~,- v A CRESCENT I f ---1 I----- A ~ ~ GEORGE STl ~ JI1 ~* I I ~ "',\ \~_\ -f-- \\\ liil-- ") \ W GEORGE STW \ IllY ~\ffi ~H \ ~ L WILMOT STRE~T ~ IW HI GEORGE ST E ~f-- a:: wf-- ~f-- '" ~ - Iii W a:: li;- r--ffi- r--~r-- "'f-- IT r- - I I Iii EMILYSTW ffi W ~ Iii ~ I--CIl il!~ CIlr-- :>::-1-- 1-1-- z C)_ CIl ~ I--~ f--;;;! ~I-- 1--2il- ::EL CAROLINE ST W CAROLINE ST E I EMILYSTE II t---a:: w ~ '" - - - - ~ - I I-- - I EDWARD ST W l- I r---- I- ltl I-- a:: w li; I--w ~ :l r---- CIl :! :>:: JAMES ST W !i! JAMES ST E I :> :>:: I I C) I - - - Iii w ROBERT 8T W ROBERT ST E ~ I.... FOSTER CREEK CT ( I '-... /= ;yV~ --W~E ~ -- 8 l== \", ~ i \\/ WARD STREET W Revitalization Area - Newcastle Village ....... - r- r- r- '" Jlr- ~r w > Q: o -a:- -~- I- :> - C) I-- e-- I EDWARD S II - Schedule "5B" to Development Charges By-law 2005-108 CENTREVIEW STREET PARK STREET J.... '" (; !!J t-= CIl :s: ~ ::l :s: t) w~ s Revitalization Area - Orono Schedule "se" to Development Charges By-law 2005-108 \ 11-, '~iY~ I N H / If r- u.. ~ q h- FIT f- 1'1/ -1 r-- ~ ! ~ \ "= ~ -- ~ =0 '{j,.t ~Cc _0 I ~ i~ T --L ~T rT I n= ~ ~ - CONCESSION STIOEETWEST I ~'ONSTREET~" f= F-Y l I 1= ~ II-....:.. I _ ~ -. . c -i ~ ~ t-- C- '9> ~ w I II Ir! ;&0l r--- V ~ I ri ~ 1- !- RI E ~ ~ 9;~ IllIJIl ~IIIIIII~ ..E' ~/-F ftott/AG~5" ~ ~/ - ..... \..\"t!\.t."''oJ ~>. nc.l. ....... 9'v~ r- F- ~-I.I- 1== t- i~ = i~ ::J r- I-- C=- ~ i L... I-- ~= = ~ C -- ~ = = 1=-= =- - r--v: -- I vI; m IT III r--.J ~"""" ... LAWRENCE CAes :........J < ....<iJI' WL II 1111U7~ ~~~ ~ ~~ ~ ~~ ~ N~q,; Lc---r= ~~~~ . ~ :::J '-- :::----- IS"" \ A~~e ~ . .,,~ r--~ Revitalization Area - Bowmanville Schedule "6A" to Development Charges By-law 2005-108 i[III~ ~ ~ HIGHWAY 401 HIGHWAY 401 W~E 8 Clarington Energy Business Park Schedule "6B" to Development Charges By-law 2005-108 ! I w~s 8 ~ HlGHWA. y 401 Clarington Science and Technology Park