HomeMy WebLinkAboutTR-036-00
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
PUBLIC MEETING
Meeting:
General Purpose and Administration Committee
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File #: tJ.~1
Res.#:
Date:
June 19, 2000
Report #:
TR-36-00 File #:
By-Law #:
Subject:
DEVELOPMENT CHARGES
STUDY AND BY-LAW 2000
Recommendations:
It is respectfully recommended the General Purpose and Administration Committee
recommend to Council the following:
1. THAT the background study Final Report May 2000 prepared by Craig Binning,
CSB Inc" be approved;
2, THAT the Development Charge quantum for both Residential and Non-Residential
charges be phased-in for all units, in accordance with Scenario #3, of the final
report May 2000, subject to indexing;
Residential (sJ,d,) July 1, 2000 $5,875
(per revised Exhibit 3 Jan 1, 2001 $6,250
Attachment #2) July 1, 2001 $6,625
Jan, 1 2002 $6,994
Non-Residential July 1, 2000 $ 4.08
(per sq, m) July 1, 2001 $ 8,16
July 1, 2002 $12,24
July 1, 2003 $16.32
July 1, 2004 $20.40
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;
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Report TR-36-00
DEVELOPMENT CHARGES - STUDY AND BY-LAW 2000
Page 2
5. THAT the annual report to Council on the Development Charge Reserve Fund
activity includes a status report on the building permit activity and charges collected
in relationship to the projected activity;
6, THAT the By-Law attached, inclusive of any amendments made by Council at the
meeting of June 19, 2000, be recommended to Council for approval to rescind and
replace By-Law 99-125, except in respect of the applications for building permits,
referred to in section 27 of the By-Law; and
7. THAT the Region of Durham and recorded interested parties be provided a copy of
this report and be notified of Council's decision,
Background:
1.0 The 1999 Development Charae
1.1 On July 29,1999 Council adopted the existing development charges with the
approval of report ADMIN-25-99 plus addendum, and the accompanying By-Law
#99-125. The limited time available before the required passage of the 1999 By-
Law left certain questions not fully answered and did not allow time for a
comprehensive and detailed analysis of these questions to be undertaken.
Consequently, Council authorized staff to continue with further analysis of the
assumptions used in the 1999 background study and its recommendations through
this report.
1,2 The final approved quantum of the development charges provided in By-Law #99-
125 was reduced from the recommended charge calculated based upon the 1999
background study. The reduction was accomplished by removing two indoor
recreation projects from the capital program, This was used as an interim measure
undertaken without benefit of detailed analysis, until the 2000 comprehensive
analysis was completed, The 2000 analysis and background study do not differ
significantly from the initially calculated recommended 1999 rate setout in the 1999
background study. The differences are detailed in the comparison table
(Attachment #1) prepared by CSB Inc. It identifies the net difference for a single
detached and semi-detached dwelling unit in general services as $62 lower for
general government in 2000, and $515 higher for the roads (engineered services),
for a total change of $453, The recommended and calculated residential charge in
1999 was $6,541, and the 2000 recommended charge is $6,994 for single family
dwelling units (without consideration of the phase-in option discussed below).
1,3 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.
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Report TR-36-00
DEVELOPMENT CHARGES - STUDY AND BY.LAW 2000
Page 3
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2.0 The 2000 Develooment Charae
2.1 Staff from all Departments and the Library worked diligently, as a Steering
Committee with Craig Binning of CSB Inc. to bring forward the background study
May 2000. 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 2008.
2.2 The background study introduction provides an overview of the areas of focus in
this revised report. The areas of particular emphasis were the growth forecast, the
timing of capital projects and the ability of the tax base to support the proposed
projects,
2.3 In reviewing the non-residential development charges within the area municipalities
of Durham Region, Clarington and Oshawa are currently the only municipalities
without a non-residential development charge. However, considering the existing
infrastructure in Oshawa and the limited areas for new growth, not imposing a
charge is not as significant to their continued infrastructure sustainability,
Clarington however, has experienced rapid growth situation over the past 10 year
spread over three different urban centers. Considering that the non-residential
charge is approximately 75% roads related with no assignment of soft services to
this charge, the importance of the recommended non-residential development
charge considered within the context of the G.T,A, is reasonable.
2.4 The Region of Durham, Uxbridge, Scugog, Whitby and Oshawa have exempted
Industrial and Institutional growth from the non-residential charge, CSB Inc has
roughly calculated the impact of imposing a commercial only charge in Cia ring ton
to be $ 2,6 million for industrial (46% of the $5.7 forecast non-residential revenue)
plus $1.1 million for institutional (20%) for a combined total of $3.7 million. It must
be appreciated that the non-residential growth values are difficult to predict. If
Council exempts industrial/institutional growth from the development charge, the
impact of the lost revenue based on actual activity could be reported in the five-
year mandatory revision of the development charges By-Law.
2,5 The residential development charge is not comparable on a "dollar to dollar" basis
either within the Durham area municipalities or the G.T.A. because the
infrastructure requirements in Clarington are greater due to the rapid rate of
residential growth over the recent past and the several urban areas scattered
through a large geographical area which cannot maximize the economy of scale of
serving large concentrated urban areas. Clarington has 800 lane km of roads,
approximately 20 Recreation Affiliate Boards buildings, etc. which are included in
the calculations. Also if the development charges funding is not collected at the
maximum allowable under the legislation, the historical average will erode and
further impede the ability of the Municipality to provide the services demanded by
the growth.
3,0 Tax Imoact
3,1 The existing taxpayer picks up any shortfall for the cost of growth related services
which is not collected through the development charge. Page 37 of the background
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Report TR-36-00
DEVELOPMENT CHARGES - STUDY AND BY-LAW 2000
Page 4
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study identifies the impact on the tax base of various alternatives respecting the
accommodation of the revised quantum, These alternatives include the option of a
phase-in.
3.2 If the development charge continues to be collected from residential only growth,
the shortfall transferred to the tax base is $5.7 million (per page 37 background
study). Altematively, if the residential is phased in with a fully implemented non-
residential charge immediately, the tax support required drops to an estimated $1.2
million. Consequently Staff considered a compromise between the two extremes,
in recommending that the Scenario #3 on page 37, of the 2000 background study
which provides for a phase-in of both the residential and the non-residential charge,
be approved. The impact of any phase-in permitted is over and above the $2.5
million tax impact resulting from the legislated 10% reductions of capital costs for
soft services,
4.0 Meetinq with Developers
4.1 Staff and the Municipality's consultant met with the development community on
May 9th to provide an overview 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
19,2000.
5,0 Other Considerations
5,1 Courtice Community Library Expansion
The construction of the Courtice Complex Library was included in the 1992
development charge and the eligible debenture repayment costs relating to the
reduced space allocation of 6,000 square ft, has been accommodated in the 2000
calculations. The expansion to the maximum anticipated library capacity of 12,000
sq.ft. is not proposed in the 2000 quantum calculation, but will be considered in the
five-year review.
5.2 Education Development Charges
The Peterborough Victoria Northumberland Clarington Separate School Board in
combination with the Kawartha Pineridge Public School Board will be putting
forward a combined education development charge for approval to their respective
boards in June, At the time of writing this report, Staff have been advised that the
Education Development Charges have been deferred pending some work to be
done their background report. The board must determine the total to be collected
from development charges, however it is clear from discussions with staff at the
Board that the funding formula for capital construction of schools in response to
growth requires that the introduction of the charge to avoid the existing taxpayer
paying for more than their fair share of the cost to accommodate growth associated
with development.
6,0 Exemptions
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Report TR-36-00
DEVELOPMENT CHARGES - STUDY AND BY-LAW 2000
Page 5
6.0 ExemDtions
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
exemptions are public buildings, including buildings owned by and used for regional
purposes and government owned research facilities, such as ITER.
7.0 ExemDtion Where Permits Aoolied For
7.1 The effective date of change in the quantum is recommended as July 1, 2000. It is
recommended that building permit applications that are in on or before June"29 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 exemption has
been added to the draft By-Law to give effect to this recommendation.
Reviewed by:
. Marano, H.BSc.,AMCT, CMO,
Treasurer.
,t~~
Chief Administrative Officer.
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MUNICIPALITY OF CLARINGTON Attachment # 1 TR-36-OO
COMPARISON OF NEWLY CALCULATED RATES, CURRENT BY-LAW RATES AND JULY, 1999 CALCULATED RATES
RESIDENTIAL CHARGES - RATE PER SINGLE DETACHED UNIT
1, General Services May 2000 Report
as Amended June 14
Residential DC Rates
Service $/SDU
1. Librarv Board $367
2, Fire DeDartment $387
3. Indoor Recreation $1,523
4, Park Develonment and Facilities $917
5, Public Works Department $403
6. General Government $105
Sub-Total General Services $3 702
7, General Service - Financinn $150
Total General Services $3 852
:1
2. Roads May 2000 Report
Residential
DC Rates
Service $/SDU
1. Roads Pro ram $3,015
Sub-Totai Roads $3015
Roeds & Related - Financino 5:127
Total Roads $3143
o
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~Totai Charoe
$6,994 II
Comparison of Current By-Law
vs, Mav 2000 Amended Report
Current By-Law Difference
$/SDU Mav '100 - Current
$342 $25
$282 $105
$922 $601
$843 $74
$366 $37
$75 $31
$2 830 $872
nla $150
$2 830 $1022
Comparison of Current By-Law
vs. Mav 2000 Amended Report
Current By-Law Difference
$/SDU Mav/OO - Current
$2,628 $387
$2 628 $387
nla $127
$2 628 $515
$5,458 I
$1,53711 II
Comparison of July 1999 Rpt
vs. Mav 2000 Amended ReDort
Juiy/99 Rpt Difference
$/SDU Mav '100 - Julv/99
$342 $25
$282 $105
$2,006 ($483
$843 $74
$366 $37
$75 $31
$3913 ($212
nla $150
$3913 ($62
Comparison of July 1999 Rpt
vs, Mav 2000 Amended ReDort
July/99 Rpt Difference
$/SDU Mav '100 - Julv/99
$2,628 $387
$2 628 $387
nla $127
$2 628 $515
$6,541 I
$453 ~
ATTACHMENT # 2 TR-36-00
REVISED EXHIBIT 3
(as Amended June 14, 2000)
MUNICIPALITY OF CLARINGTON
ANALYSIS OF RESIDENTIAL PHASE-IN
Charge Per Unit By Effective Date
July 1, 2000 Jan, 1, 2001 July 1, 2001 Jan, 1, 2002
Single and Semi-Detached $5,875 $6,250 $6,625 $6,994
Townhouse & Row Units $5,160 $5,490 $5,820 $6,146
Apartments (1)
Large $3,920 $4,170 $4,420 $4,663
Small $2,490 $2,650 $2,810 $2,968
(1) Apartment definitions:
Large: An apartment unit with a total gross floor area of 750 square feet or more,
Small: An apartment with a total gross floor area less than 750 square feet.
See draft by-law for additional details.
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I ,'f, .J tine ~O()O
THE CORPORATION OFTHE MUNICIPALITY OF CLARINGTON
BY-LAW NO, 2000-_
To impose development charges against 1.Uld in the Municipality of
Clarington pursuant to t.he DcvclopmcnL Charg:cs Act, 1997
WHER.EA..'i subsection 2(1) of the Act provides that the Council or a municipality may by by-
law impose development charges against land Lo pay for incn.:ascd Glpital costs required because of
increased needs for services arising from the development of the area to which the by-law applies;
(Insert recitals concerning the background study, the public meeting and actions of Council.)
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF CUillINGTON ENACTS AS FOLLOWS:
Dclinilions
1.
(1)
In this By-law the term:
"accessory" where used Lo describe a Imildin~ mc;-ms that the building' is naturally and
Honnall}' incidental, subordinate in purpose or floor area or hoLh. and is exclusively
devoted to a principal use or buildin~ located on the samc lot.
"Act" mecUlS the Developmcnt Char~es Act. 1997, S.O, 1~)97, c.'27, as it may be
amended from time to time;
''cij,Tflcu(tural'' tne.UlS a bona lide (annin~ operation, including- l~mn buildings and
buildings .lccessory thereto, sod l~u'ms, the breeeling and/or the bmmling- of horses.
,l,'Teenhouses, ,md residential buildings which arc used exclusively to provide living
accommodation (t)r employees of the operator 0(" the l,md devoted to the practice of
[uming ,Ulel which residential bllildinw> (lrc occupied I<lr Ic.'\vcr th,Ul six (()) nmseculive
months during each calendar rear, hut the term ";u,'Ticultural" docs not include any
dwelling unit or other non-residelltial total nODI' area;
"air.supportcd structure" means ,ul air supported structure as dclilled in the Building
Code Act;
"apartment" mc,U1S a dwelling unit contained in an il))<u'OHell! dwelling;
"apartment dwelling" means a residential building, or the residential portion of a
mixed-use building cOluaining- ,1. or more dwelling: units which have a common
entrance from the street level. common halls, stairs, t.::lcvators ,1IuVor yards. ,met whic:h
is not a dwcllin~ unit or dwelling units contained in a sini,rlc-detached dwelling, a semi.
detached dwelling, a townhouse (rowhousc) dwellillg, or a multiple dwelling;
"approval authority" mc,UlS the Region's Commissioner of rlmming, the Region's
I...,'lIld Division Committee or the Ontario :\1uuicipal Board having jurisdiction to
approvc a plan of subdivision ullder section 51 of the Phuming Act, to gT;uH a conscnt
under section 5:-~ or the Planning Ad, or to approve a description under st.::{~tion SO of
the Condominium Act, whidlevcr Act is applicable ill the cilTumstallces;
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"board of eduction" means a board of education. French and English public school
boards, and separate school boards;
"building" means a building: or structure occupying an area greater lhem 10 square
metres consisting of a wall, roof, and tloor or any of them or a structllral system serving
the function thereof, and includes an airMsupponed structure .md an exterior storage
tmk;
"Building Code Act" means the Building Code Act, 1992, S.U. 1992, chapter 2~~, as
amended and all Regulations Iherdo including the ()nlario Building' Code, 1997, as
amended, and as they may be amended or replaced from time to Lime;
"demolish" means to do anything in the removal of a building or a part thereof and the
term "demolition" has a corn~sponding me.millg;
"development" includes redevelopment;
"development charge' mccms a development charge imposed by this By-law;
"dwelling unit" means one or more habitable rooms designed or intended to be used
together as a single and separate housekeeping unit by one person or by more thatl
one (>crson, containing its own kitchen and s;-mitary facilities, with a private entrance
from outside the unit itself;
"1~lTm building" meatls a hum building as ddined in the Building C(x!c Ad;
"floor" includes a paved, concrete, wooden. gravel, or dirt Hoor;
"grade" means the average level of the proposed finished surface of the j.,'TOUlHI
immediately abutting each building or mixed-use buildiul{ at all exterior walls or the
building or mixed-used building in question;
"industrial" means manulacturing, assembling, processing-, fabricating, relining,
research atHI development, stora,L,'"C or materials ;md pnxlucts, truck terminals,
warehousi.ng, :rmd buildings .md slnlctures or portions thereof which arc desiWled, used
or intended to be used for a purpose, but the term docs not include retail service or
sales areas, stora,L,TC or warehousing in connedion with retail sales or service are;L'i and
ollice areas, which arc accessory to any 01" the foregoing lIses, or any other non-
residential use;
"hmd" indudes buildin,L,"S ;Uld structures;
"large apartment" means atl apartment containing 69.675 square lt1etrcs or residential
floor area or more;
"local board" means a public utility commission, transportation cOllunission. puhlic
librMY board, board of park m;Ul<tg"ement, local board of health, police services hoard,
planning board. or <my other board. cOlllmission. committee, body or local ;-luthority
established or exercisin~ atlY power or authorilY under allY .l,'"CncraJ or special Act with
respeclto any of the allai.rs or purposes 01" tlle Municipalit}, or the Region;
"lot" means a parcel of hmd \vithin a rq..,ristcred phm of subdivision or any land that
may be legally conveyed under the exemption provided in clauses 50(3)(h) or 50(5)(a)
of the P(;mnin~ Act;
"mezzanine" tHC,lllS a mezzaninc as dcJined in the Building Code Act;
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"mixed-use buildim( means a buildin~ used, dcsil,,'llCd, or intended for use for a
combination of non-residential. and residential area..'; and uses;
"mobile home" means a dwelling uniL which is dcsi~llcd and COIlSlntclcd to be
transported on its own chassis ;md is placed on a foundation:
"multiple dwelling" means a residential building or the residential portion of a mixcd-
use building which contains olle or more dwelling llTlit~;
"Municipality" means 'lll(, Corporation 01" the Municipality of ClaJington;
"non-residential" means buildings or portions or mixed-use huildiu6'"S and nours or
portions of Hoars contained therein which arc used, designed or intended to he used
lor a purpose which is not a residential purpose;
"OY\-llcr" means the O'wncr of land Of a pCfson who has made application I(.)r ,Ul
approval for the development of land against which a development charge is imposed;
"protracted" means ill relation to a lcmporary building- or structure the pcrsistence of
its construction, erection, placement on land, or an alteration to or an addition to a
building lor a continuous period exceeding- twelve months from tIle date on wllidl tIle
construction, erection or placement of the temporary building or structure was
completed;
"Region" means 'file Regional Municipality of Durllam;
"residential" means buildin,L,"S or portions of mixed~usc huildill1-,"S and noms or portions
of floors contained therein which arc used, designed, or intended to he used as living-
accommodation lor one or more individuals provided in a dwelling unit(s);
"residential Hoor area" means the l100r area or an apartment me.L'lured either between
the exterior laces of the extcrior walls of the apartment, or between the exterior l;u:es
of one or more of the exterior walls of the apartment and one or more or the centre
line(s) of the wall(s) separating the apartment in <Iuestion h'om ;m abutting apartment
and the exterior lacc(s) of the \vall(s) separating the ap,u1mellt in question from .Ul
a(liacent corridor, elevator, lobby, or stair, whether or not any such walls contain one
or more entrcmccs to the apartmelll, provided tli,ll where the apartment dwelling in
which the apartment is located is attached to another building by a party or common
walll.he centre line of such wall shall be deemed to he an exterior lace o{ an exterior
wall of the apartment dwelling in question;
"semi-detached dwellin.l{" means a residential building divided vertically so as to
contain only two separate dwelling units each of which has an independent entrance
directly Irom outside of the building, is located on separate lols, at lca.'ll 50 per cent of
the abovei,'Tade area of a main wall on one side of each dwelling- unit is attached to or
is the same as a main wall on one side of lhe other dwelling unit, building is not
attached to any other building or stnuJurc except its own g<uagc or shed and the
building has open space OIl all sides of it;
"service" mcans a service desih'llated as such by subse{:tion 6(2) or Lhis By-law;
"singie~detached dwelling" me,UlS a residential building containing ()Hly one dwelling
unit which is not attached to any other building or stmcture except its own gara,!,'"C or
shed, has open space on all sides, and has no dwelling units eiLher abovc it or below
it, and the term "singlc~detached dwclling" includes a mohile home;
"small apartment" means;m apartment containing less than 69.G7:) square metres of
residential Hoor area;
1.) 1 c
Rules
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"temporary building" means a building constructed or ereded or placed on land for
a continuous period not exceedinj.\' twelve months, or an addition or alteration to a
building- or structure that has the eflccl or increasing the total noor area thereor ror a
continuous period not exceeding twelve months;
"tOlal floor area", in the case of buildings other theUlmixed-use buildinJ..,"S, means the
sum total of the total areas of the non-residential IIoors conl:.:-uned in the building
whether at, above, or below grade, measured between thc exterior laces or the exterior
walls of the building. "Total floor area". in the GL~C of mixed-use buildinJ..,'S, means the
sum total of the total areas of the non-residential Hoors, or the nOIHcsidential portions
of the Hoors contained in the mLxc(l-usc building-whether at, above or below J..,'TIlde, (1)
where the total floor is non-residential, measured between the exterior [aces of the
exterior walls of the mixed-use building, emd (2) where one or more portions or a
floor(s) of the mixed-use buildi:rlj.\' is non-residential ,md ,mother portion(s) of the seune
11001' is residential, measured eithcr between the exterior lacc(s) of the exterior \Ve1.lI(S)
or between the centre Iilles of interior walls which separate the non-residential cu-ea(s)
and use(s) IInm one or more residential iUea(s) and use(s) (lllthe same Hoar. \\tl1ere
the buildiu/.{ is attached to another buildi:rlg the celUre line of the peu1}' or common wall
shall be deemed to be an exterior wall of each building. \Vhere a building docs lIot
have illl}' walls, "total floor area" means the sum total of the arl~a of land below the roof
of the building and the total areas or the 1100rs in the building'. Except as otherwise
provided in this definition, "totallIoor area"
(a) includes the Hoor area of a meaanine, ;m .ur-suppm1ed structure, intel;or
conidors, lobbies and common areas, and the space on:l1pied by interior w;1.Il
partitions, and
(b) excludes ;my area.~ of the building or mixed.use huilding- used IC:Jr elevators,
enclosed j.,'Mbaj.\'e storage areas, loading hlcilities, mechanical equipment
related to the operation or the maintcmUlcc or the building or mixed-use
building, parking of motor vehides and stairwells,
"townhouse (rowhousc) dwellim( me,UlS a group of three or more attached dwelling
units which arc attached side by side and do not have any oLher dwelling unit either
above or below any or them;
"Z:ming By.law" means the Municipality's By-Ia,,\! No. R,t-6:1, as amended, as it may
be further amended or replaced from time to time.
(2) In this By-law, unless the context otherwise requires, the singular includes the plural
and the plural includes the singular.
(I)
The rules developed under paragraph 9 of subsection 5(1) of the Act for determining
if a development charge is payable in any particular case and for determining the
amount of the development charges that are payable are set forth in sections 4 to 17,
inclusive, and section 22 of this By-law.
(2) The exemptions provided for are the exemptions set forth in sections 18 to 21,
inclusive of this By-law; the indexing of eharges shall be in accordance with section
15 of this By-law; and as is provided in subsection 16(1) of this By-law, certain of
the development-charges imposed by this By-law shall be phased in.
(3) The rules for determining if a development charge is payable in the case of
redevelopment shall be in accordance with the rules set forth in section 22 of this By-
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law.
Lands Affected by By-law
3. This By-law applies to all lands within the geographic area of the Municipality.
Designated Services and Reserve Funds
4, It is hereby declared by Council that the development of land for residential buildings, non-
residential buildings and mixed-use buildings in the Municipality will increase the need for
services.
5. The development charges imposed by section 7 of this By-law shall apply without regard to
the services which in fact are required or are used by or in respect of a particular
development of land.
6,
(I)
Except where othelVlise provided, development charges are imposed against land by
this By-law to pay for increased capital costs required because of increased needs for
services arising from the development ofland within the MlUlicipality.
(2) The following are designated services for the purpose of this By-law:
(a) General Government (including Financing);
(b) Library Services;
(c) Fire Protection Services;
(d) Indoor Recreation;
(e) Park Development and Related Facilities;
(1) Public Works Department:
(g) Roads and Related (including Financing); and
(h) Storm Water Drainage and Control Services.
Imposition of Development Charges
7. Except as otherwise provided in this By-law, development charges are imposed against land
if the development of the land requires anyone or more of the following actions or decisions:
(a) the passing of a zoning by-law or of an amendment thereto under section 34 of the
Planning Act;
(b) the approval of a minor variance under section 45 of the Planning Act;
(c) a conveyance of land to which a by-law passed under subsection 50(7) of the
Planning Act applies:
(d) the approval of a plan of subdivision under section 51 ofthe Planning Act;
(e) a consent under section 53 of the Planning Act;
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(f) the approval of a description under section 50 of the Condominium Act; or
(g) the issuing of a permit under the Building Code Act. 1992 in relation to a building.
8. Not more than one development charge for each of the services set out in subsection 6(2) is
imposed by this By-law upon the development of land whether or not two or more of the
actions or decisions referred to in section 7 are required before the land in question can be
developed.
9. Notwithstanding section 8 of this By-law, if two or more Dfthe actions or decisions referred
to in section 7 occur at different times, additional development charges shall be imposed in
respect of any increase in or additional development permitted by that action or decision or
by those actions or decisions.
10. Where the development of land requires an action or decision referred to in section 7 of this
By-law to be taken or made after the issuance of a building pennit and no development
charges have been paid, then development charges shall be paid prior to the action or the
decision referred to in section 7 being taken or being made.
II. If the development of land is such that it does not require that a building permit be issued
before the development is commenced, but the development does require one or more of the
other actions or decisions referred to in section 7 be taken or made before the development
is commenced, development charges shall be payable in respect of any increase in. or
additional development pennitted by such action or decision prior to the action or decision
required for the increased or additional development in question being taken or being made.
12,
(1)
Nothing in this By-law shall prevent the Municipality or an approval authority from
requiring, as a condition of an agreement under sections 51 or 53 of the Plarming Act,
that the owner of land, at his or her own expense, install such local services related
to a plan of subdivision or within the area to which the plan relates, as the approval
authority may require, or that the owner pay for local connections to stonn drainage
facilities installed at the owner's expense, or administrative, processing, or inspection
fees.
(3) Without derogating from subsection 12 (1), nothing in this By-law shall prevent the
Municipality or an approval authority from requiring as a condition of any approval
given under the Planning Act that the owner, at the owner's expense, shall install
such services as may be determined by the Municipality or the approval authority in
accordance with the applicable law.
Basis of Calculation of Development Charges
13. Subject to section 16 the development charges imposed by this By-law shall be calculated
as follows:
(a) in the cases of residential buildings, and the residential portions of mixed-use
buildings, on the basis of the nwnber and type of dwelling units contained in them;
(b) 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 of the mixed-use building, as the case may be.
Amount of Development Charges
14,
(1)
The amount of the development charges payable in respect of the development of
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apartment dwellings, multiple dwellings, single-detached dwellings, semi-detached
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 "} "
hereto.
(2) The amount of the development charges payable in respect of development of non-
residential buildings, and in resect 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(1) of this By-law and Schedule "2" hereto.
Indexing of Development Charges
15. The development charges set out in Schedule "}" and '''2'' hereto shall be adjusted without
amendment to this By~law annually on July 1st in each year, commencing on July 1st, 2001,
in accordance with the Statistics Canada Quarterly, Construction Price Statistics (catalogue
number 62-007) based on the 12 month period ending March 31,
Phasing, Timing of Calculation and Payment
16.
(1)
The development charges set out in Schedules "1" and "2" hereto are payable in full
on and from July 1,2000 to and including January 1, 200L On and from January 1,
2001 to and including July 1,2001, the development charges set out in the column
under the date "January 1,2001" replace those set out in the columns under the date
"July 1,2000" and are payable in full from January 1, 200L On and from July I,
2001 to and including January 1, 2002, the development charges set out in the
column under the date "July I, 2001" replace those set out in the column under the
date "January 1,2001 "and are payable in full from July 1, 200L On and from
January I, 2002, the development charges set out in the column under the date
"January I, 2002" replace those set out in the column under the date "July 1, 200 I"
and are payable in full from January 1, 2002.
(2) Subject to subsection 16(1), and except as provided in section 22 of this By-law,
development charges shall be calculated as of, and shall be payable on the date the
first building permit is issued for the development of the land against which the
development charges imposed by this By-law apply.
Payment by Monev
17. Payment of development charges shall be by cash or by certified cheque.
Rules with Respect to Exemptions for Intensification of Existing Housing
18. This By-law does not apply to impose development charges if the only effect of any action
or decision referred to in section 7 is
(a) to permit the enlargement of an existing dwelling unit;
(b) to permit to be developed one or two additional dwelling units to the existing
dwelling unit contained in an existing single-detached dwelling, provided that the
total gross floor area of the additional dwelling unites) does not exceed the gross floor
area of the existing dwelling unit;
(c) to permit to be developed one additional dwelling unit to an existing dwelling unit
contained either in an existing semi-detached dwelling or in the portion of an existing
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townhouse (rowhouse) dwelling which contains an existing dwelling unit which has
one or two vertical walls, but no other parts, attached to other buildings, provided
that the gross floor area of the additional dwelling unit does not exceed the gross
floor area of the existing dwelling unit; and
(d) to permit one additional dwelling unit to be developed in an existing apartment
dwelling or in an existing multiple dwelling, provided that the gross floor area of the
additional dwelling unit does not exceed the gross floor area of the smallest existing
dwelling unit in the apartment dwelling or in the multiple dwelling in question, as the
case may be.
Rule With Respect to the Exemption of Agricultural Development
19. Agricultural development of land is exempt from development charges imposed by this By-
law.
Rules With Respect to the Exemption of Certain Public and Other Buildings
Institutions within any of the following categories of institutions are hereby exempted from
development charges imposed by this By-law:
(a) buildings used as hospitals governed by the Public Hospitals Act, R.S,Q, 1990, c,PAO;
(b) buildings owned by and used for the purposes of the Municipality, the Region, or their local
boards;
(c) buildings owned by a board of education and used for school purposes;
(d) buildings owned by and used 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:
(e) buildings owned by and used for the purposes ofa university by an Act of the Legislative
Assembly of Ontario; and
(t) buildings or portions of buildings which are owned either by the Ontario Electricity
Generation Corporation or by an agent of the Crown in Right of Canada or of
Ontario, and which are used, designed or intended to be used for the purpose of
research facilities including offices used by research staff for research into the
generation of electricity by nuclear fission or by nuclear fusion but are not used,
designed or intended to be used for the purpose of the generation of electricity.
s With Respect to the Exemption of Temporary Buildings
21.
(I)
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 of this By-law being taken or
being made in respect of the development of a temporary building, the Municipality,
pursuant to section 27 of the Act, may require an owner to enter into an agreement
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which may include the provision of security for the owner's obligation under the
agreement and which agreement shall provide for all or part of the development
charges to be paid after the date on which they would othenvise be payable under
subsection 16(2) of this By-law. The terms of such agreement shall prevail over the
provisions of subsections 16(1) and 16(2) of this By-law,
Rules with Respect to the Redevelopment of Land
22.
(I)
Where there is a redevelopment of land in which the conversion of space within a
building to residential purposes is proposed, or on which there was formerly erected
a residential building or the residential portion of a mixed-use building that has been
demolished, a credit shall be allowed against the development charge otherwise
payable by the owner pursuant to this By-law for the portion of the previous building
or structure that is still in existence being converted to residential purposes or for the
residential portion of the building that has been demolished, as the case may be. The
credit shall be calculated by multiplying the number and type of dwelling units being
converted or demolished by the relevant development charges in effect on the date
when the development charges are payable in accordance with this By-law.
(2) A credit in respect of the demolition of an existing building shall not be given under
subsection 22( I) unless within two years from the date on which the demolition
permit for the demolition in question was issued, either a building permit has been
issued or a subdivision agreement has been entered into by the owner of the land with
the Municipality for or in respect of the redevelopment of the land in question,
provided that in the case of a subdivision agreement, within four years after the
subdivision agreement has been entered into with the Municipality a building permit
has been issued for the redevelopment of the land which is subject to the subdivision
agreement.
(3) The amount of any credit under subsection 22( I) shall not exceed in total the amount
of the development charges otherwise payable with respect to the redevelopment of
the land in question
Rules with Respect to Industrial Expansion Exemption
23,
(1)
If a development includes the contiguous enlargement of the gross floor area of an
existing industrial building, the amount of the development charge that is payable is
the following:
(a) if the gross floor area is enlarged by 50 per cent or less, the amount of the
development charge in respect of the enlargement is zero; and
(b) if the gross floor area is enlarged by more than 50 per cent, development
charges are payable on the amount by which the enlargement exceeds 50 per
cent of the gross floor area before the enlargement.
(2) For the purpose oftrus section the terms "gross floor area" and "existing industrial
building" have the same meaning as those tenns bave in Q,Reg 82/98 made under the
Act.
(3) In this section, for greater certainty in applying the exemption herein;
(a) the gross floor area of an existing industrial building shall be determined as
of the date on which this By-law comes into force; and
(b) the gross floor area of an existirg industrial building is enlarged where there
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is a bona fide increase in the size of the existing industrial building and the
enlarged area is attached to the existing industrial building and is used for or
in connection with it for industrial purpose as set out in subsection 1 (1) of
a.Reg 82/98, provided that the exemption set out in this section shall not
apply where the enlarged area is attached to the existing industrial building
by means only of a tunnel, bridge, canopy, corridor or other passageway, or
through a shared below grade connection such as a service tunnel.
foundation, footing or a parking facility.
Interest
21. ~llle Municipality shall pay interest 011 a rchmd under subsections lX(2), IH(:i) and 25(2) of Lhe
Ad at a rale equal to the Bank of Cmada rate on the daLe this By~l<lw comes inLo (<nee
updated on the Jirst business day of every J;umary, April,July and October until the date of
the repeal or the expiry or this By-law.
Front-Endimr AL'Tcements
25. The Municipality may cnter into rroIll-cnding tlh'Teements under sCClion :I.,t of the Act.
Schedule
26. Schedule I - Residential Development Ch.u'ges and Schedule 2 . Non.Hesidential
Development Charges arc attached to ;uHl form part of this By-law.
Date Bv-Iaw EfIcctive
27. This By-law comes into force and is ellcctive oll.July f, 2000, except in respect or the
development of I;mds for which applications for buildiul,\" permits substantially (:omplete in
((:>rill and in substance are li1c(hvith the Municipality's Chid Buildinl,\" ()lJicial on or hd~:>re
.June 29. 2000, in which cases only By-law No. 99-125 .L" mnended, shall continue to apply on
;md after July 1, ~,W{)O and this By-law shall not apply to such cases whether or lIot building
permits arc issued to the appliGmts therdore on or aileI' .July l, 2000.
Date Bv-Iaw Exnires
2M. Tllis By-law expires Jive years aller the day on wllich it comes ilIlO force,
ReDeal or Bv-Iaw No.9~)-125
29. Except as provided in section 27 of this By-law, By-law !\o. 99-125 as amended, is repealed
ellcctive on.J lIly 1, 2000.
HeadilU!S for Reference Onl\'
:{O. The hc;ulings inserted in this By-law arc for convenience or rekrence only mul shall not allCct
the construction or interpretation of this By-law.
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Severability
31. Ie lor any rcason. any provision, seetioll, subsection or paragTaph of tlus 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 ellccr until repealed, reenacted or alllended, in whole or in part or
dealt \-\1th in ;my other way.
THIS BY-lAW READ A FlRST, SECOND, AND THIRD TIME, AND PASSED IN
OPE:-.! COUNCIL THIS _ DAY OFJI Tl\'E, 2000,
Diane Hamre, Mayor
Paui L. Barrie, Clerk
bib
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SCHEDULE 1
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 00-
RESIDENTIAL DEVELOPMENT CHARGES
Charge By Unit Type
Single Townhouse Apartments
& Semi tRow Large Small
General Govemment (including Financing) $255 $225 $170 $109
Library Services $367 $322 $245 $156
Fire Protection Services $387 $340 $258 $164
Indoor Recreation $1,523 $1,338 $1,015 $646
Park Development and Related Facilities $917 $805 $611 $389
Public Works Department $403 $354 $269 $171
Roads & Related (including Financing) $3,142 $2,762 $2,095 $1,333
Total Development Charge $6,994 $6,146 $4,663 $2,968
Phasing Schedule as Per Section 16 of the By-law
Charge Per Unit By Effective Date
July 1, 2000 Jan, 1, 2001 July 1, 2001 Jan. 1, 2002
Single and Semi-Detached
Townhouse & Row Units
Apartments (1)
$5,875
$5,160
$6,250
$5,490
$6,625
$5,820
$6,994
$6,146
Large
Small
$3,920
$2,490
$4,170
$2,650
$4,420
$2,810
$4,663
$2,968
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SCHEDULE 2
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 00-
NON-RESIDENTIAL DEVELOPMENT CHARGES
Charge Per
Square Metre
of Gross Floor Area
General Government (including Financing)
$0,53
Ubrary Services
N/A
Fire Protection Services
$2,52
Indoor Recreation
N/A
Park Development and Related Facilities
N/A
Public Works Department
$2,03
Roads & Related (including Financing)
$15,32
Total Development Charge
$20.40
Phasing Schedule as Per Section 16 of the By-laW
Charge By Effective Date
July 1, 2000 July 1, 2001 July 1, 2002 July 1, 2003 July 1, 2004
Per Square Metre
$4,08
$8,16
$12.24
$16,32
$20.40
]Ji()