HomeMy WebLinkAbout2000-108 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2000-108
To impose development charges against land in the Municipality of
Clarington pursuant to the Development Charges Act, 1997 (the
"Act")
WHEREAS subsection 2(1) of the Act provides that the Council of a municipality may by
by-law impose development charges against land to pay for increased capital costs required
because of increased needs for services arising from the development of the area to which the by-
law applies;
AND WHEREAS Council has before it a report entitled "The Municipality of Clarington
Development Charges Study Review and Update, Final Report dated May, 2000, As Amended"
(the"Study");
AND WHEREAS Council gave notice to the public of a public meeting and held a public
meeting pursuant to section 12 of the Act on June 19, 2000, prior to which the Study and a
proposed development charges by-law were made available to the public, and Council heard
comments and representations from all persons who applied to be heard (the "Public Meeting")
and considered Report TR-36-00 dated June 19, 2000 (the "Staff Report");
AND WHEREAS staff of the Municipality considered the public comments and
representations made at the Public Meeting and provided Addendum to Report TR-36-00 dated
July 3, 2000 to the meeting of the General Purpose and Administration Committee of Council
held on July 3, 2000;
AND WHEREAS at its meeting on July 10, 2000, by Resolution No. C-411
Council approved the recommendations contained in Report TR-36-00 as amended by Addendum
to Report TR-36-00, and as further amended by item #25 of Report #1 to Council from the
General Purpose and Administration Committee of Council at its meeting on July 3, 2000;
AND WHEREAS Council on July 10, 2000 held a further meeting open to the public, at
which Council considered the Study, the Staff Report Addendum to Report TR-36-00, item #25
of Report #1 to Council from the General Purpose and Administration Committee of Council at
its meeting on July 3, 2000, and further written and oral submissions from the public;
AND WHEREAS Council determined that no further public meetings were required under
section 12 of the Act.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS:
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1 (1) In this By-law the term:
"accessory" where used to describe a building means that the building is naturally
and normally incidental, subordinate in purpose or floor area or both, and is
exclusively devoted to a principal use or building located on the same lot.
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"Act" means the Development Charges Act, 1997, S.O. 1997, c.27, as it may be
amended from time to time;
"agricultural" means a bona fide farming operation, including farm buildings and
buildings accessory thereto, sod farms, the breeding and/or the boarding of horses,
greenhouses, and residential buildings which are used exclusively to provide living
accommodation for employees of the operator of the land devoted to the practice
of farming and which residential buildings are occupied for fewer than six (6)
consecutive months during each calendar year, but the term"agricultural" does not
include any dwelling unit or other non-residential total floor area;
"air-supported structure" means an air supported structure as defined in the
Building Code Act;
"apartment" means a dwelling unit contained in an apartment dwelling;
"apartment dwelling" means a residential building, or the residential portion of a
mixed-use building containing 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 units contained in a single-detached
dwelling, a semi-detached dwelling, a townhouse (rowhouse) dwelling, or a
multiple dwelling;
"approval authority" means the Region's Commissioner of Planning, the Region's
Land Division Committee or the Ontario Municipal Board having jurisdiction to
approve a plan of subdivision under section 51 of the Planning Act, to grant a
consent under section 53 of the Planning Act, or to approve a description under
section 50 of the Condominium Act, whichever Act is applicable in the
circumstances;
"board of eduction" means a board of education, French and English public school
boards, and separate school boards;
"building" means a building or structure occupying an area greater than 10 square
metres consisting of a wall, roof, and floor or any of them or a structural system
serving the function thereof, and includes an air-supported structure and an
exterior storage tank;
"Building Code Act" means the Building Code Act, 1992, S.O. 1992, chapter 23,
as amended and all Regulations thereto including the Ontario Building Code, 1997,
as amended, and as they may be amended or replaced from time to time;
"demolish" means to do anything in the removal of a building or a part thereof and
the term"demolition" has a corresponding meaning;
"development" includes redevelopment;
"development charge" means a development charge imposed by this By-law;
"dwelling unit" means one or more habitable rooms designed or intended to be
used together as a single and separate housekeeping unit by one person or by
more than one person, containing its own kitchen and sanitary facilities, with a
private entrance from outside the unit itself,
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"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,
(c) 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 distributing of something, and
(ii) in or attached to the building or structure used for that manufacturing,
producing, processing, storage or distribution;
"farm building" means a farm building as defined in the Building Code Act;
"floor" includes a paved, concrete, wooden, gravel, or dirt floor;
"grade" means the average level of the proposed finished surface of the ground
immediately abutting each building or mixed-use building at all exterior walls of
the building or mixed-used building in question;
"industrial" means manufacturing, assembling, processing, fabricating, refining,
research and development, storage of materials and products, truck terminals,
warehousing, and buildings and structures or portions thereof which are designed,
used or intended to be used for a purpose, but the term does not include (1) retail
service sales or rental areas, storage 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;
"gross floor area" means the total floor area, measured between the outside of
exterior walls or between the outside of exterior walls and the centre line of party
walls dividing the building from another building, of all floors above the average
level of finished ground adjoining the building at its exterior walls.
(2) For the purposes of paragraph 3 of subsection 2(4) of the Act,
"land for parks"
(a) includes land for woodlots and land that is acquired because it is
environmentally sensitive, and
(b) does not include land for an enclosed structure used throughout the
year for public recreation and land that is necessary for the structure to be
used for that purpose, including parking and access to the structure;
"land" includes buildings and structures;
"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 services
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board, planning board, or any other board, commission, committee, body or local
authority established or exercising any power or authority under any general or
special Act with respect to any of the affairs or purposes of the Municipality or the
Region,
"lot" means a parcel of land within a registered plan of subdivision or any land that
may be legally conveyed under the exemption provided in clauses 50(3)(b) or
50(5)(a) of the Planning Act;
"mezzanine" means a mezzanine as 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" means The Corporation of the Municipality of Clarington;
"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 is
imposed;
"protracted" means in relation to a temporary building or structure the persistence
of its construction, erection, placement on land, or an alteration to or an addition
to a building for a continuous period exceeding twelve months from the date on
which the construction, erection or placement of the temporary building or
structure was completed;
"Region" means The Regional Municipality of Durham;
"residential" means buildings or 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 individuals provided in a dwelling
unit(s);
"residential floor area" means the floor area of an apartment measured either
between the exterior faces of the exterior walls of the apartment, or between the
exterior faces of one or more of the exterior walls of the apartment and one or
more of the centre line(s) of the wall(s) separating the apartment in question from
an abutting apartment and the exterior face(s) of the wall(s) separating the
apartment in question 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 is located is attached to
another building by a party or common wall the centre line of such wall shall be
deemed to be an exterior face of an exterior wall of the apartment dwelling in
question; _
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"semi-detached dwelling" means a residential building divided vertically so as to
contain only two separate dwelling units each of which has an independent
entrance directly from outside of the building, is located on separate lots, at least
50 per cent of the above-grade area of a main wall on one side of each dwelling
unit is attached to or is the same as a main wall on one side of the other dwelling
unit, building is not attached to any other building or structure except its own
garage or shed and the building has open space on all sides of it;
"service" means a service designated as such by subsection 6(2) of this By-law;
"single-detached dwelling" means a residential building containing only one
dwelling unit which is not attached to any other building or structure except its
own garage or shed, has open space on all sides, and has no dwelling units either
above it or below it, and the term "single-detached dwelling" includes a mobile
home;
"small apartment" means an apartment containing less than 69.675 square metres
of residential floor area;
"temporary building" means a building constructed or erected or placed on land for
a continuous period not exceeding twelve months, or an addition or alteration to a
building or structure that has the effect of increasing the total floor area thereof for
a continuous period not exceeding twelve months;
"total floor area", in the case of buildings other than mixed-use buildings, means
the sum total of the total areas of the non-residential floors contained in the
building that are not exempt from development charges imposed by this 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-use buildings that contain a
combination of residential, and/or non-residential areas or uses that are not exempt
from development charges imposed by this By-law, "total floor area" means the
sum total of each of the total areas of the non-residential floors, or the sum total of
the non-residential portions of the floors contained in the mixed-use building that
are not exempt from development charges imposed by this By-law, whether at,
above or below grade, and (1) where the total area of the floor is comprised of
non-residential areas or uses that are not exempt from development charges, total
floor area shall 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-residential area or use which is not exempt from
development charges imposed by this By-law, total floor area shall be measured
either between the exterior face(s) of the exterior wall(s) and/or between the
centre lines of interior walls which separate the non-residential area(s) and use(s)
from one or more residential area(s) and use(s) 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 by this
By-law, or (b) only a combination of classes or types of non-residential areas or
uses, some only of which are exempt from development charges imposed by this
By-law, "total floor area" means the sum total of each of the total areas of the
portions of the non-residential floors that are not exempt from development
charges imposed by this By-law, contained in the mixed-use building whether at,
above or below grade, and (1) where the total area of the floor is non-residential
which is not exempt from development charges imposed by this By-law, total floor
area shall be measured between the exterior faces of the exterior walls of the
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mixed-use building, and (2) where the total area of one or more portion(s) of a
floor(s) of the mixed-use building is a non-residential area(s) or uses(s) which is
not exempt from development charges imposed by this By-law and the same floor
also contains another portion(s) of a floor(s) which is exempt from development
charges imposed by this By-law, total floor area shall be measured between the
exterior faces of the exterior wall(s) and/or the centre line(s) of interior walls
which separate the non-residential area(s) or use(s) on the floor that are exempt
from development charges from those on the same floor that are not exempt from
development charges imposed by this By-law. In all cases in which the building or
mixed-use building is attached to another building or mixed-use building, the
centre line of the party or common wall shall be deemed to be an exterior wall of
each building or mixed-use building as the case may be. Where a building does not
have any walls, "total floor area" means the sum total of the area of land below the
roof of the building and the total areas of the floors in the building. Except as
otherwise provided in this 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) excludes any areas of the building or mixed-use 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 stairwells,
"townhouse (rowhouse) dwelling" means a group of three or more attached
dwelling units which are attached side by side and do not have any other dwelling
unit either above or below any of them;
"Zoning By-law" means the Municipality's By-law No. 84-63, as amended, as it
may be further amended or replaced from time to time.
(2) In this By-law, unless the context otherwise requires, the singular includes the
plural and the plural includes the singular.
Rules
2. (1) The rules developed under paragraph 9 of subsection 5(l) 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 charges 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-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
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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. (1) Except where otherwise provided, development charges are imposed against land
by this By-law to pay for increased capital costs required because of increased
needs for services arising from the development of land within the Municipality.
(2) The following are designated services for the purpose of this By-law:
(a) General Government (including Financing);
(b) Library Services;
(c) Fire Protection Services;
(d) Indoor Recreation;
(e) Park Development and Related Facilities;
(f) Public Works Department;
(g) Roads and Related (including Financing); and
(h) Storm Water Drainage and Control Services.
(3) The allocations of the residential development charges and the non-residential
development charges imposed by this By-law, to the designated services referred
to in subsection 6(2) are set out in Schedules "3" and "4", respectively, hereto.
Imposition of Development Charges
7. Except as otherwise provided in this By-law, development charges are imposed against
land if the development of the land requires any one or more of the following actions or
decisions:
(a) the passing of a zoning by-law or of an amendment thereto under section 34 of the
Planning Act;
(b) the approval of a minor variance under section 45 of the Planning Act;
(c) a conveyance of land to which a by-law passed under subsection 50(7) of the
Planning Act applies;
(d) the approval of a plan of subdivision under section 51 of the Planning Act;
(e) a consent under section 53 of the Planning Act;
(0 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.
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8. Not more than one development charge for each of the services set out in subsection 6(2)
is imposed by this By-law upon the development of land whether or not two or more of
the actions or decisions referred to in section 7 are required before the land in question can
be developed.
9. Notwithstanding section 8 of this By-law, if two or more of the actions or decisions
referred to in section 7 occur at different times, additional development charges shall be
imposed in respect of any increase-in or additional development permitted by that action
or decision or by those actions or decisions.
10. Where the development of land requires an action or decision referred to in section 7 of
this By-law to be taken or made after the issuance of a building permit and no
development charges have been paid, then development charges shall be paid prior to the
action or the decision referred to in section 7 being taken or being made.
11. If the development of land is such that it does not require that a building permit be issued
before the development is commenced, but the development does require one or more of
the other actions or decisions referred to in section 7 be taken or made before the
development is commenced, development charges shall be payable in respect of any
increase in or additional development permitted by such action or decision prior to the
action or decision required for the increased or additional development in question being
taken or being made.
12. (1) Nothing in this By-law shall prevent the Municipality or an approval authority from
requiring, as a condition of an agreement under sections 51 or 53 of the Planning
Act, that the owner of land, at his or her own expense, install such local services
related to a plan of subdivision or within the area to which the plan relates, as the
approval authority may require, or that the owner pay for local connections to
storm drainage facilities installed at the owner's expense, or administrative,
processing, or inspection fees.
(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 number 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
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
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shall be determined in accordance with subsection 16(1) of this By-law and
Schedule"I" 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(2) of this By-law and Schedule "2" hereto.
Indexing of Development Charges
15. The development charges set out in Schedules "I" and "2" hereto shall be adjusted
without amendment to this By-law annually on July I st 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 Pant
16. (1) The residential development charges set out in Schedule "1" hereto in the column
under the date "August 1, 2000" are payable in full on and from August 1, 2000 to
and including December 31, 2000. On and from January 1, 2001 to and including
June 30, 2001, the residential development charges set out in Schedule "1" hereto
in the column under the date "July 1, 2001" replace those set out in the column
under the date "August 1, 2000" and are payable in full on and from January 1,
2001 to and including June 30, 2001. On and from July 1, 2001 to and including
December 31, 2001, the residential development charges set out in Schedule"I" in
the column under the date"July 1, 2001" replace those set out in the column under
the date "January 1,2001". On and from January 1, 2002, the residential
development charges set out in Schedule "1" in the column under the date
"January 1, 2002" replace those set out in the column under the date "July 1,
2001" and are payable in full on and from January 1, 2002.
(2) The non-residential development charges set out in Schedule "2" in the column
under the date "August 1, 2000" are payable in full on and from August 1, 2000 to
and including June 30, 2001. On and from July 1, 2001, the non-residential
development charges set out in Schedule "2" in the column under the date "July 1,
2001" replace those set out in the column under the date"August 1, 2000" and are
payable in full on and from July 1, 2001 to and including June 30, 2002. On and
from July 1, 2002, the non-residential development charges set out in Schedule
"2"in the column under the date "July I, 2002" replace those set out in the column
under the date "July 1, 2001" and are payable in full on and from July 1, 2002 to
and including June 30, 2003. On and from July 1, 2003, the non-residential
development charges set out in Schedule "2" in the column under the date "July 1,
2003" replace those set out in the column under the date "July 1, 2002" and are
payable in full on and from July 1, 2003 to and including June 30, 2004. On and
from July 1, 2004, the non-residential development charges set out in Schedule "2"
in the column under the date "July 1, 2004" replace those set out in the column
under the date "July 1, 2003" and are payable in full on and from July 1, 2004.
(3) Subject to subsections 16(l) and 16(2), and except as provided in section 22 of
this By-law, development charges shall be calculated as of, and shall be payable o
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.
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Payment by Money
17. Payment of development charges shall be by cash or by certified cheque.
Rules with Respect to Exemptions for Intensification of Existing Housing
18. This By-law does not apply to impose development charges if the only effect of any action
or decision referred to in section 7 is
(a) to permit the enlargement of an existing dwelling unit;
(b) to permit to be developed one or two additional dwelling units to the existing
dwelling unit contained in an existing single-detached dwelling, provided that the
total gross floor area of the additional dwelling unit(s) does not exceed the gross
floor area of the existing dwelling unit;
(c) to permit to be developed one additional dwelling unit to an existing dwelling unit
contained either in an existing semi-detached dwelling or in the portion of an
existing townhouse (rowhouse) dwelling which contains an existing dwelling unit
which has one or two vertical walls, but no other parts, attached to other buildings,
provided that the gross floor area of the additional dwelling unit does not exceed
the gross floor area of the existing dwelling unit; and
(d) to permit one additional dwelling unit to be developed in an existing apartment
dwelling or in an existing multiple dwelling, provided that the gross floor area of
the additional dwelling unit does not exceed the gross floor area of the smallest
existing dwelling unit in the apartment dwelling or in the multiple dwelling in
question, as the case may be.
Rule With Respect to 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
20. Buildings and non-residential portions of mixed-use buildings within any of the following
categories of areas or uses are hereby exempted from development charges imposed by
this By-law:
(a) 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;
(b) buildings owned by and used, designed or intended for use for the purposes of the
Municipality, the Region, or their local boards;
(c) buildings used, designed or intended for use as a place of worship;
(d) 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;
(e) 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;
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(f) 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 Ontario;
(g) buildings or portions of buildings which are owned by the Ontario Electricity
Generation Corporation, a subsidiary of that Corporation, a not-for-profit
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 but not limited to laboratories, offices, amenity areas and
service areas for staff who conduct research into the generation of electricity by
nuclear fission or by nuclear fusion or assist such staff , but which buildings or
portions of buildings are not used, designed or intended to be used for the purpose
of the generation of electricity for sale; and
(h) buildings owned by a not-for-profit corporation or organization 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.
Rules with Respect to the Exemption of Temporary Buildings
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 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 which may include the provision of security for the owner's
obligation under the agreement and which agreement shall provide for all or part of
the development charges to be paid after the date on which they would otherwise
be payable under subsections 16(1) or 16(2). of this 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 Respect to the Redevelopment of Land
22. (1) Where there is a redevelopment of land in which the conversion of space within a
building to residential purposes is proposed, or on which there was formerly
erected a residential building or 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(1) unless within two years from the date on which the
demolition permit for the demolition in question was issued, either a building
permit has been issued or a subdivision agreement has been entered into by the
owner of the land with the Municipality for or in respect of the redevelopment of
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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(1) shall not exceed in total the
amount of the development charges otherwise payable with respect to the
redevelopment of the land in question
Rule with Respect to the Exemption of Industrial Development
23. The development of an industrial building, the development of the industrial portion(s) of
a mixed-use building, or the development of an existing industrial building by the
enlargement of the gross floor area thereof, are exempt from development charges
imposed by this By-law.
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-Ending Agreements
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 of this By-law.
Date By-law Effective
27. This By-law comes into force and is effective on August 1, 2000, except in respect of the
development of lands for which applications for building permits substantially complete in
form and in substance are filed with the Municipality's Chief Building Official on or before
July 31, 2000, in which cases only By-law No. 99-125 as amended, shall continue to apply
on and after August 1, 2000 and this By-law shall not apply in such cases whether or not
building permits are issued to the applicants therefore on or after August 1, 2000.
Date By-law Expires
28. This By-law expires five years after the day on which it comes into force.
Repeal of By-law No.99-125
29. Except as provided in section 27 of this By-law, By-law No. 99-125 as amended, is
repealed effective on August 1, 2000.
Headings for Reference Only
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.
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Severability
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 THIRD TIME, AND PASSED IN
OPEN COUNCIL THIS 10th DAY OFJULY , 2000.
iane Ham re,Mayor
Mar e n g a ey, Deputy rk
As amended by the
Ontario Municipal Board
on May 7, 2001
SCHEDULE"1"
RESIDENTIAL DEVELOPMENT CHARGES
SCHEDULE"1"TO BY-LAW NO. 2000-108
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
RESIDENTIAL DEVELOPMENT CHARGES PER UNIT EFFECTIVE ON
Aug. 1, 2000 Jan. 1, 2001 July 1, 2001 Jan. 1, 2002
Single and Semi-Detached $5,875 $6,250 $6,364 $6,733
Townhouse& Row Units $5,160 $5,490 $5,591 $5,917
Apartments
Large $3,920 $4,170 $4,246 $4,489
Small $2,490 $2,650 $2,698 $21856
As amended by the
Ontario Municipal Board
on May 7, 2001
SCHEDULE "2"
NON-RESIDENTIAL DEVELOPMENT CHARGES
SCHEDULE"2"TO BY-LAW NO. 2000-108
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
NON-RESIDENTIAL DEVELOPMENT CHARGES
PER SQUARE METRE EFFECTIVE ON
Charge By Effective Date
July 1, July 1, July 1, July 1, July 1,
2000 2001 2002 2003 2004
Per Square Metre $4.08 $8.16 $10.91 $14.99 $19.07
As amended by the
Ontario Municipal Board
on May 7, 2001
SCHEDULE"3"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2000-108
ALLOCATION OF RESIDENTIAL DEVELOPMENT CHARGES
%Allocation
General Government(including financing) 4%
Library Services 5%
Fire Protection Services 6%
Indoor Recreation 23%
Park Development and Related Facilities 13%
Public Works Department god,
Roads& Related (including financing) 43%
Total Development Charge 100%
As amended by the
Ontario Municipal Board
on May 7, 2001
SCHEDULE"4"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.2000-108
ALLOCATION OF NON-RESIDENTIAL DEVELOPMENT CHARGES
%Allocation
General Government(including financing) 3%
Library Services N/A
Fire Protection Services 13%
Indoor Recreation N/A
Park Development and Related Facilities N/A
Public Works Department 11%
Roads& Related (including financing) 78%
Total Development Charge 100%
R:W EFFERON%CLARINGWIDGEPIMDCBYLAW.WPD