HomeMy WebLinkAboutPSD-094-05
Report 119
ClwJOglOn
REPORT
PLANNING SERVICES
Meeting:
COUNCIL
Date:
Monday June 27, 2005
Report #: PSD-094-05
File #: PLN 20.5
By-law #:
Subject:
AMENDMENT TO BY-LAW
APPLICATION FEES
PLANNING AND DEVELOPMENT APPLICATIONS
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PSD-094-05 be received;
2. THAT the attached amendment to By-law 2003-185, being a by-law to require the
payment of fees for information and services provided by the Municipality of Clarington
Planning Services Department, be APPROVED as amended.
Submitted by:
Reviewed by: c)~J2 ~ C.J1.-(/
Franklin Wu,
Chief Administrative Officer
CS*DJC*sn*df
June 21, 2005
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD- 094-05
PAGE 2
1.0 BACKGROUND
1.1 Section 69 of the Planning Act allows the Municipality to pass a by-law to set out the fee
structure for development applications to offset the "anticipated cost" to the Municipality
for processing the applications. The fees collected never fully recover the cost of
processing applications when direct and indirect costs are considered, including the
cost of overhead, pre-consultation meetings and circulation of revised submissions. At
the start of each term of Council, the Planning Services Department reviews the fees
and sets the rates for the three year term of Council. Report PSD-144-03 was
considered on December 8, 2003 and Council adopted fees intended to apply until
December 31, 2006. Periodically, staff surveys other municipalities in the Region of
Durham to ensure that our fees are competitive. Since the last by-law was passed, a
number of municipalities have raised their fees.
1.2 Given that the fees were set eighteen months ago, a full-scale review and evaluation of
fees is not required. Instead, there are a few areas where fees are proposed to be
amended for Site Plan Approval for commercial developments, Part Lot Control, Plans
of Subdivision or Plans of Condominium and the preparation of Neighbourhood Design
Plans. New fees are recommended for Minor Site Plan Approvals, Site Plan for Sales
Trailers and Model Home Offices.
2.0 REVISIONS TO FEES
2.1 Amendments to Site Plan Approval
In the current by-law, an application for an amendment to Site Plan Approval is $600.00
plus $10.00 per unit (for residential) and $10 per 100m2 (for non-residential) to a
maximum of $4,400.00. An amendment to an existing site plan may require almost as
much require work as consideration of a new site plan. The refurbishment of a service
station is one such example. A comparison of other Durham lakeshore municipalities is
shown below.
Pickering Ajax Whitby Oshawa Clarington
Major
$625.00
Minor
$250.00
Major Residential
$2,000 + $25 per unit
to a maximum of $4,000
Major Non-Residential
$2,000 + $10 per 100 m'
to a maximum of $4,000
Minor Amendment
$750
Expansion less than
50% of Floor Area:
$450
Expansion greater
than 50% of Floor
Area:
$900
Residential
$500 + $20 per unit,
maximum of $5,000
Non-Residential
$800 + $10 per 100
m', maximum of
$5,000
$600 = $10
per unit,
maximum of
$4,400
Staff recommends that the base fee for commercial site plan amendment applications
be increased to $1,000.00. Residential, industrial and institutional site plans would
remain the same.
REPORT NO.: PSD- 094-05
PAGE 3
2.2 Part Lot Control
In staff's review of the current fee for an application for Part Lot Control, it became
apparent that the Municipality's fee is considerably out-of-line with the majority of the
other municipalities in Durham Region, as shown below.
Pickering Ajax Whitby Oshawa Clarin ton
$445.20
$500 + $25 per unit $175 per
to a maximum of $2,500 unit
er reference Ian
$500
It is recommended that Clarington adopt a fee of $500.00 plus $25.00 per unit to a
maximum of $2,500.00
2.3 Plan of Subdivision
Plans of Subdivision are extremely time consuming involving many Departments in the
Municipality. The fee structure across municipalities in Durham varies widely, as shown
below.
Pickering Ajax Whitby Oshawa Clarington
$1,500 +
$50 per unit
to a
maximum of
$5,000
$5000 + $50
per single,
semi, duplex,
townhouse unit
and $25 per
apartment unit
(No maximum)
$25.25 per $5000 base fee plus the following:
unit, minimum Residential: $25 per unit for singles,
$4,200 semis and townhouse units: $15 for
apartments
Residential: $25
per unit,
minimum $5,000
and max. of
$10,000
Commercial, Office or institutional:
$250 for first 0.2 ha + $250 for each
additional 0.4 ha
Non-Residential:
$5,000
Non residential:
$5,000
Industrial and Other: $250 for first
0.4 ha + $250 for each additional
1.0 ha
It is proposed to alter the fee by prescribing a base fee of $5,000, change the fee per
unit to $50 per single, semi, duplex and townhouse unit and to increase the upset limit
to $15,000. No fee would be charged for apartment, commercial or institutional blocks.
2.4 Neighbourhood Design Plans
The Clarington Official Plan states that prior to the consideration and approval of a Plan
of Subdivision, the Municipality shall generally require the preparation of a
Neighbourhood Design Plan. The plan shall be prepared by the development proponent
and shall be undertaken in consultation with all landowners within the vicinity. The
current fee for an application for a Neighbourhood Design Plan is $1,050.00
Notwithstanding that the plan is to be prepared by the proponent, there is a
considerable amount of time preparing the Terms of Reference for the plan, reviewing
material, and attending and participating in stakeholder meetings and public information
centres and resolving issues with all the stakeholders. It is recommended that
Clarington adopt a fee of $1 0,000.00 for Neighbourhood Design Plans.
REPORT NO.: PSD- 094-05
PAGE 4
3.0 NEW FEES
3.1 Minor Site Plan
The fees for some planning processes are more sensitive to the customer's ability to
pay. It is better to have local resident's comply with development regulations than to
discourage this due to high fees. Reduced fees are one way of encouraging
compliance, even if the Municipality does not achieve full cost recovery. A minor site
plan is one such example. The minor site plan fee would be utilized for situations such
as conversion of existing homes into retail or office uses, minor changes to site plans
(e.g. changes to parking area, addition of patios, revisions to signage), dog kennels,
permanent agricultural sales buildings and all applications within the Oak Ridges
Moraine in compliance with the new site plan by-law referenced in PSD-074-05. It is
recommended that a fee of $500.00 be used.
3.2 Site Plan for a Sales Trailer and/or Model Home
At the present time, the Municipality charges $700 for site plan approval for the sales
trailer but considers model home approvals in the context of the subdivision agreement.
Municipalities have a widely varying practice as shown below.
Model Home
Sales Trailer
imm~~I!i!II!!i!ii!i!ii
$1,159.70
No fee
$ 1,000.00
$1,000.00
+"1'''''''''+''''''11'' """",k,',"
l;l:l:j;jj1jg;lt,j~~"i,,~"'i~'3;);;;iii!i iiii
$ 600.00
$ 600.00
!!iMI1I1~iiiimi m!m~1~!Iliiimi!!i1!!mi'
No fee No fee
No fee
$ 700.00
It is recommended that a revised fee of $1,000 be established for site plan approval for
sales offices located on or off the site of a draft approved plan of subdivision. In
addition, staff recommend that where model homes are located on the site of draft
approved Plans of Subdivision, a fee of $1,000.00 be collected. Model homes are
permitted, yet provisions such as parking, grading, signage and adequate access for fire
equipment must be reviewed.
3.3 Site Plan Approval- Refreshment Vehicles
It is recommended that no fee be charged for site plan approval of refreshment vehicles
sites and that the licensing fee be considered sufficient for Planning Services fees.
3.4 Peer Review
From time to time, the Municipality may need to undertake peer reviews of certain
reports prepared by developer's consultants including hydrogeological, traffic, servicing
reports or urban design review. In some instances, it may be due to lack of time for
staff to undertake the full review and in other instances it may be that outside expertise
is required. Only under certain circumstances is it recommended that the schedule be
amended to require the proponent to pay 100% of the cost for the Municipality to retain
a peer review consultant.
REPORT NO.: PSD- 094-05
PAGE 5
4.0 CONCLUSIONS
4.1 It is respectfully recommended that By-law 2003-185 as amended, be further amended
as contained in the By-law amendment attached hereto, being Attachment 1.
Attachments:
Attachment 1 - Fee Schedule Amendment
Attachment 2 - By-law
Schedule "C" to By-law _
ATTACHMENT 1
Schedule C
FEES PRESCRIBED BY THE DIRECTOR OF PLANNING SERVICES
PLANNING SERVICES FEES
Official Plan Amendment:
Official Plan Amendment - Minor Application $3,500.00
Official Plan Amendment - Major Application; $5,000.00
Adoption of Official Plan Amendment $1,350.00
Regional Official Pian Amendment $1,200.00
Neighbourhood Design Plan Review $10,000.00
Rezoning Amendment $1,700.00
Removal of Holding (H) Symbol $475.00
Draft Plan of Subdivision - Residential $5,000 base fee
$50 per unit for single-detached, semi-
detached, duplex and townhouse
UP to a maximum of $15,000.00
Draft Plan of Subdivision - Non Residential $5,000.00
Draft Plan of Condominium $1,500.00
Draft Plan of Subdivision - fee for clearing and
releasing any phase of a Plan of Subdivision or a $1,500.00
Plan of Condominium delegated to the Municipality of
Clarington
Draft Plan of Subdivision - redline revisions $3,000.00
and/or amendments to draft approval (applicant
initiated)
Extension of Draft Plan Approval $1,000.00
Part Lot Control By-law $500.00
plus $25.00 per unit
to a maximum of $2500.00
Preparation of Subdivision Agreement $1,200.00
plus legal fees
Preparation of Amendment to Subdivision $600.00
Agreement plus legal fees
Site Plan Approval- Residential $900.00
plus $25.00 per unit
to a maximum of $5000.00
Site Plan Approval- Commercial $3000.00
plus $10.00 per 100m'
to a maximum of $9,000.00
Site Plan Approval - other Non Residential $900.00
plus $10.00 per 100m'
to a maximum of $5,000.00
Site Plan Approv~1 - Minor Site Plan or Minor Site $500.00
Plan Amendment"
Site Plan Approval - Plans for Approval Only $900.00
Site Plan Approval - Sales Trailer $1000.00
Site Plan Approval- Model Home(s) $1000.00
Site Plan Approval - Refreshment Vehicle Included in licencing fee
Site Plan Amendment - Residential $600.00
plus $10.00 per unit
to a maximum of $3,000.00
Site Plan Amendment - Commercial $1000.00
I olus $10.00 per 100m'
PLANNING SERVICES FEES
to a maximum of $4,400.00
Site Plan Amendment - Other Non-Residential $600.00
plus $10.00 per unit or 100m'
to a maximum of $4,4000.00
Preparation of Site Plan Agreement Staff time included in above fees
plus legal fees
Minor Variance Application $425.00
Minor Variance Tabling Fee $75.00
(applicant initiated)
Minor Variance Re-circulation Fee $80.00
(applicant initiated)
Subdivision Clearance Letter $105.00
Zoning Clearance Letter $105.00
Miscellaneous Clearance Letter (including $105.00
outstanding work orders, building compliance)
Application requiring Additional Public Meeting $550.00
(additional fee for each subsequent public meeting)
Application requiring Additional Public Meeting $750.00
(additional fee for each subsequent public meeting
where notice is provided through the local newspaper)
Land Division Committee Development Agreement $325.00
plus iegal fees
Land Division Committee Clearance Letter $90.00
Application involving review under $10,000.00
EPA and/or EAA process (additional fee)
Peer Review 100 % of the Municipaiity's costs of
retaining a consultant
Street Name Change Request $1,500.00
Publications:
Maps -small $3.00
- mid-sized $7.00
-large $12.00
Official Plan Colour Maps (each $3.00
Clarington Official Plan $75.00
Clarington Zoning By-law $75.00
Clarington Street name Index $45.00
Studies - under 40 pages $10.00
- 40 to 100 pages $20.00
- 100 to 200 pages $35.00
- over 200 pages $50.00
-CDs $15.00
i The following are criteria for determining what constitutes a major Official Plan application:
New aggregate extraction areas or expansion to existing aggregate extraction areas;
New golf courses or expansion to existing golf courses;
New waste facility or expansion to existing waste facility;
Expansion to urban boundary or re-designation of Future Urban Residential lands;
Hamlet expansion where a settlement capacity study is required;
Commercial Development greater than 2,500 m2;
Deletion or addition of arterial or collector road;
Any application that due to the broader policy implications for the Municipality that would require
the need to review or manage studies, or any application deemed to be major by the Director of
Pianning Services.
ii The following are criteria for determining what constitutes a Minor Site Plan application:
. A residential or agricultural site plan in the Oak Ridges Moraine as required by the Official Plan
and Zoning By-law 2005-1 09
A dog kennel, agricultural tourism use, and similarly-scaled uses
A minor alteration to an existing site plan to revise parking, adding a patio, add a storage
building revise signage, addition or deietion of portables, etc.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 2005-
being a By-law to require the payment of fees for information and services
provided by the Municipality of Clarington and for prescribing the amount of
such fees and to amend By-law 2003-185, as amended
WHEREAS Section 69(1) of the Planning Act, R.S.O. 1990, c.P13, provides that by-
laws may be passed by the Council of a Municipality to prescribe a tariff of fees for the
processing of applications made in respect of planning matters;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems
it necessary to amend By-law 2003-185, as amended to prescribe a Fee Schedule to
meet the anticipated cost to the Municipality in respect of the processing of each type of
application provided for in the Schedule of Fees:
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. THAT Schedule "B-3" to By-law 2003-185, as amended, is hereby further
amended by deleting said Schedule "B-3" and replacing it with Schedule "C".
2. THAT the fee schedules attached hereto and forming part of this by-law shall
apply for the specified documents, services, applications and inspections.
BY-LAW read a first time this
day of
2005
BY-LAW read a second time this
day of
2005
BY-LAW read a third time and finally passed this
day of
2005
John Mutton, Mayor
Palli L. Barrie, Municipal Clerk
ATTACHMENT 2