Loading...
HomeMy WebLinkAboutPDS-051-22Clarftwn Staff Report balf this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: December 5, 2022 Report Number: PDS-051-22 Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Reviewed By: Mary -Anne Dempster, CAO Resolution#: PD-105-22 File Number: PLN 1.1.27 By-law Number: 2022-066 Report Subject: Bill 109, More Homes for Everyone Act, 2022 and Bill 13, Supporting People and Businesses Act, 2021 — a Recommended Path Forward for the Development Process Recommendations: 1. That Report PDS-051-22 and any related delegations or communication items, be received; 2. That Staff proceed with the Official Plan Amendment required to expand the matters that Council may delegate in accordance with Bill 13, the Supporting People and Businesses Act, 2021; 3. That the proposed approach to implement the Provincially mandated Planning Act changes resulting from Bill 109, More Homes Everyone Act, 2022 be approved; 4. That Staff assess the resources necessary (staffing, consulting) to respond to Bill 109, as part of the 2023 Budget; 5. That the Fee By-law Amendment contained in Attachment 2 to Report PDS-051-22 be adopted; 6. That a copy of Report PDS-051-22 and Council's decision be sent to the Ministry of Municipal Affairs and Housing, and the other Durham Region area municipalities; and 7. That all interested parties listed in Report PDS-051-22 and any delegations be advised of Council's decision. Municipality of Clarington Report PDS-051-22 Report Overview Page 2 Changes to the Planning Act were recently made by the province through the enactment of Bill 13, the Supporting People and Businesses Act, 2021 and Bill 109, the More Homes for Everyone Act, 2022. Bill 13 expands the delegation of approval authority powers granted to Municipal Council. Bill 109 makes key changes to the development process, requiring municipalities to refund certain development application fees if a decision is not made within legislative timelines and requiring complete applications for Site Plan Control applications. The new refund requirements come into effect January 1, 2023. The purpose of this report is to (i) briefly summarize the province's Planning Act changes resulting from the enactment of Bill 13 and Bill 109 as it relates to the development process, and (ii) bring forward a proposed approach to implement the changes that responds to the potential implications of the proposed legislation for Council's consideration. The initiation of an amendment to the Clarington Official Plan is recommended to consider the expanded delegation authority now permitted by the Planning Act. An enhanced pre - consultation process is also proposed to include a review of supporting documents, studies, and drawings to support the submission of a complete and high -quality application. 1. Introduction 1.1 The province is taking action to implement the 55 recommendations set out in the Ontario Housing Affordability Task Force Report, (OHATF Report) released February 8, 2022. The recommendations set the foundation for the provincial target to build 1.5 million homes in Ontario over the next 10 years and provide direction for the province to take action to increase density, streamline development processes, cut red tape, improve the efficiency of the Ontario Land Tribunal (OLT), and provide funding to support municipal transformation. 1.2 To date, several major steps have been taken by the province in implementing the OHATF Report recommendations. These include: • April 14, 2022 - enactment of Bill 109, the More Homes for Everyone Act, 2022; • October 25, 2022 — introduction of Bill 23, the More Homes Built Faster Act, 2022; • October 25, 2022 — launch of 20 consultation postings regarding the More Homes Built Faster Act, 2022 on the Environmental Registry and Regulatory Registry of Municipality of Clarington Report PDS-051-22 Page 3 Ontario, including a 66-day consultation period on the Review of A Place to Grow and Provincial Policy Statement; and • November 4, 2022 — launch of a 30-day consultation on proposed changes to the Greenbelt. 1.3 Additional delegation of authority to staff intended to contribute to the streamlining of development processes were also brought forward by the province with the enactment of Bill 13, the Supporting People and Businesses Act, 2021 on December 2, 2021. 1.4 The potential impacts of these initiatives represent significant change to Ontario's land use planning and approvals processes and have significant financial and resource implications for the Municipality. 1.5 The purpose of this report is to (i) briefly summarize the province's Planning Act changes under the Supporting People and Businesses Act, 2021 and the More Homes for Everyone Act, 2022 as it relates to the development process, and (ii) recommend a path forward for the development process, including policy, process and fee changes. Staff acknowledges that these changes will need to happen quickly given the tight timeline from the province to implement the new legislative amendments. 1.6 The proposed changes and potential implications of Bill 23 and of changes proposed by the province to the Greenbelt are the subject of separate reports PDS-054-22 and PDS- 059-22, respectively. 2. Bill 13, Supporting People and Business Act, 2021 2.1 Bill 13, Supporting People and Businesses Act, 2021, received Royal Assent on December 2, 2021. Amendments made to the Planning Act came into effect immediately, enabling Council to delegate, by by-law, its authority to pass zoning by- laws that are of a minor nature to an appointed officer of the Municipality. Such by-laws may include, • A by-law to remove a holding symbol; and • A by-law to authorize a temporary use. 2.2 Delegation of certain Council responsibilities relating to land use planning has been done for many years by the Municipality. The responsibility for all decisions related to the approval of a zoning by-law currently resides with Council, irrespective of the nature of the zoning by-law. 2.3 To delegate approval authority to the Director of Planning and Infrastructure Services, the Planning Act requires that the Official Plan provide policies to specify the types of zoning by-laws that may be delegated. An Official Plan Amendment (OPA) is required Municipality of Clarington Report PDS-051-22 Page 4 in order to implement the changes introduced by Bill 13 and further streamline Clarington's development processes. Subject to Council's direction, an OPA would be prepared, and a Statutory Public Meeting scheduled in early 2023. 3. Bill 109, More Homes for Everyone Act, 2022 3.1 On March 30, 2022, the province took it's first step in implementing the recommendations of the OHATF report, introducing the More Homes for Everyone Plan and Bill 109, the More Homes for Everyone Act, 2022. The Act received Royal Assent on April 14, 2022, in advance of the deadline for the 30-day public comment period. 3.2 The More Homes for Everyone Act, 2022 introduced changes to the Planning Act intended to reduce red tape, accelerate development timelines, and streamline approvals with the ultimate goal to increase housing supply in Ontario. 3.3 The subsequent paragraphs outline the key amendments and additions to the Planning Act resulting from the changes introduced by Bill 109 affecting the Municipality. Refunding Application Fees 3.4 Changes made to the Planning Act now apply punitive consequences in the form of fee refunds from municipalities. Municipalities will be required to gradually refund Site Plan, Zoning By-law Amendment (ZBA) and OPA application fees to an applicant if a decision is not made within the legislated timelines. 3.5 The following chart describes the tiered refunding timeline and references calendar days. The new timelines start from when an application and required drawings, information and materials are received and the required fees paid (i.e., before the application is deemed complete). Application No Refund 50% Refund 75% Refund 100% Refund Combined Official Decision made Decision made Decision made Decision made Plan Amendment within 120 days* within 121 and within 180 and 240 days or later* and Zoning By- 179 days* 239 days* law Application Zoning By-law Decision made Decision made Decision made Decision made Application within 90 days* within 91 and 149 within 150 and 210 days or later* days* 209 days* Site Plan Approved within Approved within Approved within Approved 120 Application 60 days* 61 and 89 days* 90 and 119 days* days or later* * The "time clock" starts the day the application is received, and fees paid. Municipality of Clarington Page 5 Report PDS-051-22 3.6 It is important to note that in order to avoid fee refunds, the changes require the following: • Approval of a Site Plan application (authority designated to the Director of Planning and Infrastructure Services) within the prescribed timeline; Decision by Council (i.e. approval or refusal) on a ZBA or joint OPA/ZBA application within the prescribed timelines. 3.7 The Planning Act amendments do not recognize that the planning approvals process is a partnership involving the Municipality, the applicant, the community, external agencies including Provincial Ministries, and municipal Councils. They do not take into account that the planning process is iterative and applicants play a significant role in both the timing of and the quality of submissions and resubmission. 3.8 Applicants require time to review, clarify, and respond to the comments received from Municipal departments and agencies during the review of their application. This often takes multiple rounds of submission and resubmission; delays can often be attributed to the quality of submissions. No mechanism has been provided to "pause the clock" while the Municipality awaits applicants to address review comments. 3.9 Similarly, there is no mechanism provided to "pause the clock" to account for the time required by external agencies, including provincial ministries, to review circulated applications and resubmissions, or where the Municipality needs to retain external consultants to support with peer reviews. The time it takes to complete these components of the process is outside of the control of the Municipality. 3.10 According to the Greater Toronto Area Municipal Benchmarking Study — 2„d Edition (Altus Group; September 2022) prepared on behalf of the Building Industry and Land Development Association, "[municipal] approval timelines range from 10 to 34 months depending on the municipality, with most types of applications (Rezoning, Site Plan, Plan of Subdivision) taking 20 — 24 months on average GTA-wide." The new requirements for refunding of application fees will potentially have major financial impacts to municipalities. Even if the development review process was streamlined to achieve a 50 per cent improvement (i.e., from 20-24 months to 10-12 months), the Planning Act timeframes are still not met. 3.11 As of October 31, 2022, the Municipality collected $553,000 in planning application fees for OPA, ZBA and Site Plan applications in 2022. If the legislated timelines are not met, this would lead to a loss in revenue that would need to be absorbed by municipal levies. The Clarington taxpayers will pay for this loss. As municipalities adapt to manage risk, these measures may in turn slow down the development approval process and reduce opportunities to establish more meaningful dialogue between developers and the community, and to work collaboratively with applicants. Municipality of Clarington Report PDS-051-22 Amendments to Site Plan Control Page 6 3.12 The Site Plan approval process is already delegated to the Director of Planning and Infrastructure Services. With the Planning Act changes, the Site Plan application process is similar to the application processes for OPAs and ZBAs, enabling the Municipality to refuse applications that do not include the information and material prescribed as being required by the municipality and also requiring that a notice of completeness be given to the applicant within 30 days of the application being received and fees paid. Amendments to Subdivision Control 3.13 Prior to the enactment of Bill 109, the Planning Act provided the ability to include a lapsing date with draft plan approval of subdivisions and condominiums. To streamline decision -making, the Planning Act amendments provides a one-time discretionary authority allowing municipalities to reinstate draft plans of subdivision which have lapsed within the past five years without the need for a new application. This only applies where units have not been pre -sold. 3.14 The Municipality typically includes a 3-year lapsing provision in subdivision agreements, where owners are required to register their subdivision or condominium within 3 years of the date of draft approval. Applicants may request an extension (subject to payment of a fee) of their Draft Approved Plan of Subdivision, if necessary. 4. Fee Refunds Impacts and Process Changes 4.1 While enactment of Bill 109 brings forward many legislative amendments that impact the municipal planning approvals process, the new fee refund requirements pose the greatest risk to the Municipality and further strains already limited Municipal resources. With these changes coming into effect January 1, 2023, immediate action is necessary to adapt and streamline the way we do things in order to minimize the financial risk and identify opportunities to free up capacity. Process Streamlining 4.2 In August, Planning and Infrastructure Services retained Dillon Consulting Ltd. to undertake the Development Review Transformation Initiative, using grant support provided through the provincial Streamlined Development Approvals Fund. The Transformation Initiative seeks to enhance the existing approach to providing land development services with a view to improving the efficiency and effectiveness of processes, taking a customer -centric approach, and maximizing the benefits that can be realized through the Corporation's concurrent digital transformation. This initiative is intended to build on previous continuous improvement initiatives, such as the Process Enhancement Project in 2017 (see PSD-046-17). Municipality of Clarington Report PDS-051-22 Page 7 4.3 Concurrent with the Transformation Initiative, a re -organization of Municipal development services occurred in September, including expanding the newly named Planning and Infrastructure Services department to include municipal engineering and economic development services. These changes, coupled with the recent implementation of the Municipality's new Municipal Business Solution (AMANDA) program, will better position the Department to improve customer service and coordinate the implementation of streamlining measures. 4.4 As part of the Transformation Initiative, staff considered a range of revenue and process options to address the new obligations and risks of the legislative changes. The following sections outline recommended changes to the Municipality's current approach to processing development applications in order to reduce the Municipality's risk of having to refund planning application fees. A simplified ZBA process map is provided in Attachment 1 to demonstrate changes between the current and the proposed updated approach. Pre -Consultation 4.5 By-law 2007-132 requires that pre -consultation with the Municipality occur prior to the submission and acceptance of development applications (OPA, ZBA, Site Plan, Plan of Subdivision, and Plan of Condominium). The pre -consultation process facilitates potential applicants to present and discuss a development proposal with relevant staff and external agencies. The meeting provides the opportunity to clarify the application process and the supporting materials and information that will be required to be submitted with the Planning Act application. 4.6 In response to the timeframes and the More Homes for Everyone Act, 2022, implementation of an updated, enhanced, two -stage pre -application pre -consultation process is recommended, consisting of: Stage 1: Conceptual Proposal Review — Stage 1 reflects the current pre - consultation carried out by the Municipality. Applicants present and discuss their development proposal with relevant staff and agencies. The meeting aims to provide preliminary comments on the development proposal, identify key issues, and define the development applications, drawings, and studies that will be required. Stage 2: Technical Proposal Review — Stage 2 involves an initial screening of the supporting information, materials, and studies before submission as supporting documentation for an application, providing an opportunity to verify adequacy and completeness. The Municipality will coordinate review and commenting from all applicable Municipal departments and agencies in this stage. Applicants will be requested to demonstrate how the comments provided to date have been addressed as part of a complete application. Municipality of Clarington Page 8 Report PDS-051-22 4.7 As noted above, Stage 1 of pre -consultation will determine the development applications, drawings, and studies that will be required for the proposal. Where the proposed development requires both a ZBA and Site Plan application, the applications will not be permitted to proceed to Stage 2 of pre -consultation concurrently, nor will the applications be processed concurrently. The time needed to process a ZBA application, which includes a Statutory Public Meeting in addition to the review process, exceeds the 60-day timeframe set out in the Planning Act for approving a Site Plan application (Figure 1). Combined Official Plan Amendment and Zoning Bv_ -law Zoning By-law Site Plan I 30 60 90 120 608 - 730 ❑ays " Greater Toronto Area Mumc+par Beachmarking Study - 2nd Edition (Altus Group: Sep. 2022) Figure 1: Comparison of Planning Act Timeframes 4.8 Should an applicant decide (contrary to Municipal requirements) to proceed with application submission based on the information they received during Stage 1 — Conceptual Proposal Review, this action may result in the application being deemed incomplete. This may result in more OLT appeals. Site Plans and Official Plan / Zoning By-law Amendments 4.9 The enhanced two -stage pre -consultation process should result in more "complete applications." Addressing the information requirements outlined in pre -consultation prior to submission of an application is the responsibility of applicants. It will be necessary that staff conduct a more rigorous and time limited "completeness" review upon the submission of applications. This may result in an increase in the number of applications deemed incomplete, and OLT appeals filed. Municipality of Clarington Page 9 Report PDS-051-22 4.10 To address the challenges that the legislative changes present as it relates to public consultation and collaboration, all OPA and ZBA applicants will be required to undertake consultation with the public prior to application submission. Indicating how the comments and concerns of the public have been addressed will be a requirement of a complete application. Guidance material on the Municipality's consultation and reporting requirements will be needed to ensure a standardized approach and expectations. 4.11 There will be less opportunity for staff to work with applicants during the application review process, or to accept a lack of timely comments from external agencies or resubmissions and responses from applicants. Such delays are outside of the control of the Municipality. In the absence of having all the information necessary to make a favourable recommendation within the Planning Act timeframes, Staff (Site Plan) and Council (OPA/ZBA) will potentially have no other option but to recommend denial on these applications. Additional Administrative Matters 4.12 OPAs and ZBAs require a Statutory Public Meeting. Notice of the meeting is provided 21 days in advance of the public meeting. Current Council policy limits the number of public meetings held during a Planning and Development Committee meeting to three applications. Moreover, Planning and Development Committee meetings are typically not held during the months of July and August. Reconsideration by Council of the number of permitted Statutory Public Meetings, frequency of Planning and Development Committee meetings, and scheduling of additional Special Planning and Development Committee meetings may be necessary to facilitate Statutory Public Meetings within the legislated timeframes. 4.13 OPAs and ZBAs require a decision of Council. Council will continue to have the discretion to defer / refer development applications at Planning and Development Committee or Council back to staff before making a decision but must be aware that this will challenge the Municipality's ability to meet legislated timelines and may result in a financial penalty in the form of a refund. 4.14 The Municipality's capacity to process development applications will need to increase to manage the condensed timelines. Through the Transformation Initiative and budget process, staff will identify opportunities to increase capacity. Staff will also review whether there is a need to hire specialized technical staff to reduce dependency on outside agencies, and in turn reduce processing timelines. 4.15 It is important to note that existing vacancies in Planning and Infrastructure Services have been difficult to recruit recently given market conditions. The increased workload and expectations resulting from the More Homes for Everyone Act, 2022 may create a situation where the public sector is a less desirable employer. This challenge is made Municipality of Clarington Report PDS-051-22 Page 10 greater with the anticipated pressures imposed by Bill 23, the More Homes Built Faster Act, 2022 (PDS-054-22). Recommended Fees 4.16 Municipalities are not able to take on the cost of development with these proposed changes as we have always used the "growth pays for growth" model. With the Planning Act changes, the financial burden would fall to the existing tax base. 4.17 The Planning Act allows a Municipality to pass a by-law setting out a fee schedule for processing of planning applications. The fees collected are intended to recover the "anticipated cost" to the Municipality for processing development applications. Under the current fee schedule Clarington does not fully recover the cost of processing applications when direct and indirect costs, including staff time, overhead and circulation of revised submissions are included. 4.18 The current Fee By-law 2010-142 will expire on June 30, 2023. The Municipality has retained Hemson Consulting Ltd. to assist the Municipality to conduct a comprehensive planning application fees review, in conjunction with the required 5-year Building Permit fees review. The scope of the comprehensive planning Fee By-law review will consider the process changes as presented in this report, pending Council's approval. 4.19 In order to recover a portion of the anticipated cost associated with the enhanced pre - consultation process, an immediate update to the Fee By-law is recommended. The proposed By-law, Attachment 2, would be in effect January 1, 2023, until June 30, 2023. The pre -consultation Stage 1 fee mirrors the current pre -consultation fee of $1,000. The recommended fee for Stage 2 of pre -consultation is $5,000, reflecting the additional time associated with circulation, screening and commenting. 4.20 To support provincial objectives to build more homes faster, it is also recommended that the Fee By-law be immediately updated to introduce a new fee for extensions to Site Plan Approval. The Municipality includes a lapsing provision in Site Plan agreements, where owners are required to have building permits issued for their development within two years of the date of the agreement or the agreement becomes null and void. Generally, the Municipality has demonstrated flexibility with developers in this regard. However, we are commonly seeing approved projects remaining undeveloped. Strict enforcement of the lapsing provision, coupled with an extension fee will incentivize the construction of developments to commence within two years of the Site Plan Agreement. The recommended fee is included in Attachment 2 and is set at 50% of the original application fee. Transition 4.21 The following outlines transitional matters that staff propose to implement: Municipality of Clarington Report PDS-051-22 Page 11 The Planning Act changes regarding refunds apply to joint OPA/ZBA, ZBA, and Site Plan applications submitted on or after January 1, 2023. While staff are processing numerous development applications, including other types of applications not affected by the legislative changes, prioritization of ZBA and Site Plan applications received after January 1, 2023, over existing and new applications not subject to the refund requirements will need to occur to minimize the Municipality's risk of having to refund application fees. However, this also exposes the Municipality to a higher risk of appeals on these other applications for failure to make a decision within the prescribed timeframes. Where a pre -consultation occurred between July 1 and December 31, 2022, the pre -consultation will be considered to have met the requirements of Pre - Consultation Stage 1. Completion of Pre -Consultation Stage 2 will be necessary prior to submitting an application. Notice will be sent to the effected pre - consultation applicants, providing instruction on the updated process they will be required to undertake. (Note that the minutes of any pre -consultation meetings held prior to July 1, 2022, are already deemed expired as per current pre - consultation procedures.) Clarington Housing Supply and Provincial Target 4.22 Report PDS-054-22 outlines the provincial housing target allocated to Clarington to facilitate the construction of 13,000 new homes by 2031. In addition, the report demonstrates that Clarington's housing supply is more than sufficient to meet this target, including a supply of over 5,000 residential units based on approved applications over the last 10 years and 31,000 units that will be within approved secondary plans by 2025. 4.23 With more than a sufficient supply of approved units available to meet the housing targets set by the province, the provincial intervention in the form of punitive fee refunds by municipalities with no regard for aspects of the development approvals processes that are outside of our control is unnecessary. Further, Clarington does not need additional provincial intervention in the form of urban boundary expansions, Minister Zoning Orders, or changes to the Greenbelt boundary to achieve the target assigned by the province, or to meet our own population forecasts beyond 2031. 5. Durham Region Home Builders Association Comments 5.1 Staff received comments from the Durham Region Homebuilders Association (DRHBA) on the draft proposed process changes. Their comments centered around the argument that the proposed changes focus on minimizing the risk of revenue loss to the Municipality. Staff agree with that sentiment. The unrealistic timeframes afforded by the Planning Act being tied to revenue loss to the Municipality will potentially have major financial impacts for the tax levy. Municipality of Clarington Report PDS-051-22 Page 12 5.2 As indicated, the recent Altus Group report commissioned by the development industry found that "[municipal] approval timelines range from 10 to 34 months depending on the municipality, with most types of applications (Rezoning, Site Plan, Plan of Subdivision) taking 20 — 24 months on average GTA-wide." In other words, none met the legislated timeframes, even before Bill 109. 5.3 Some of the comments from the DRHBA point out some efficiencies, like releasing agency comments as they come and the need to discuss multiple stages of the project at the pre -consultation stage. We agree with those comments and will implement them. 6. Next Steps 6.1 There are a number of necessary actions that staff will need to take to implement and communicate the Municipality's response to the Planning Act changes that take effect January 1, 2023. These actions are outlined below, based on the priority for implementation: Implementation Timeframe Action Short Term . Provide notice of Stage 2 pre -consultation requirements to (before Jan. 1, 2023) applicants of pre -consultation meetings held between July 1 and December 31, 2022 • Establish an application fee refund procedure • Update and develop new pre -consultation forms and templates • Update the Municipality's website, brochures, and handbooks • Undertake staff training of new processes • Communicate changes with the development industry and other key stakeholders on the changes proposed throughout this report Medium Term . Incorporate additional staffing needs into 2023 Budget process (Q1 2023) • Incorporate process changes into planning applications fee review • Develop applicant public consultation and reporting guidelines • Update internal procedure manuals • AMANDA system updates to facilitate the enhanced pre - consultation process • Develop measurement and monitoring mechanisms to assess the impact of the process changes and performance relative to Planning Act timeframes Municipality of Clarington Report PDS-051-22 Page 13 Implementation Action Timeframe Long Term Establish standardized Terms of Reference for required studies 6.2 Additionally, Staff continue to work on the Transformation Initiative, the outcomes of which will be reported to Council as part of completion of the Municipality's Streamlined Development Approvals Fund initiatives. 7. Financial Considerations 7.1 It is staff's intention to minimize, to the maximum extent possible, the need to issue application fee refunds as a result of the new provincial legislation. Based on 2022 and 2023 budgeted revenues, the estimated annual planning application fee revenues that would be "at risk" if refunds are required is approximately $500,000 - $650,000. This amount equates to approximately a one percent increase to the tax levy. Application fee refunds as a result of the More Homes for Everyone Act, 2022 will be reported to Council through the annual budget process. 7.2 A comprehensive planning application fees update study that considers the Municipality's response to the recent Planning Act changes and intends to recover the full anticipated cost the Municipality for processing development applications has been initiated, the results of which will be reported back to Council in the second quarter of 2023. 8. Concurrence This report has been reviewed by the Deputy CAO/Treasurer who concurs with the recommendations. 9. Conclusion 9.1 The enactment of Bill 13, the Supporting People and Businesses Act, 2021, expands Council's authority to delegate certain Planning Act approvals to an appointed officer of the Municipality to streamline process. The enactment of Bill 109, the More Homes for Everyone Act, 2022, has made amendments to Planning Act application processes which present a financial risk to the Municipality and require a Municipal response. Municipality of Clarington Page 14 Report PDS-051-22 9.2 New application processing software and the recent expansion and restructuring of the Planning and Infrastructure Services Department will better position the Municipality to address the high demand for new development in Clarington. The Transformation Initiative and Fee By-law review, now underway, will provide a longer -term roadmap for continuous improvement and full cost recovery of development services. 9.3 To respond to the implications of Planning Act amendments stemming from the enactment of Bill 13 and Bill 109 the initiation of an amendment to Clarington's Official Plan to consider expanded delegation of approval authority, and immediate enhancements to the Municipality's pre -consultation process and corresponding planning application fee updates are recommended. 9.4 The recommended development and implementation of an enhanced pre -consultation process intends to ensure the Municipality receives comprehensive and complete development applications, minimizing or eliminating the need for multiple rounds of review and revision. Coupled with this, applications will require a more rigorous review with less opportunity to collaborate with applicants and the public. The changes may result in more frequent deeming of incomplete applications and denials of applications and increase the number of appeals to OLT. In addition, some external factors will remain outside of the Municipality's control and may impede the Municipality's ability to issue decisions on applications within the Planning Act timeframes. 9.5 The Municipality's response to legislative changes requires a fundamental shift in how the Municipality processes applications and engages with the community and applicants in the processing of development applications. Staff will monitor the outcomes of implementing the approach outlined in this report, and the responses of other municipalities and from the development industry. Municipality of Clarington Page 15 Report PDS-051-22 9.6 Council also needs to consider that in addition to More Homes for Everyone Act, 2022 and the potential revenue loss to the municipalities, the recently introduced Bill 23, the More Homes Built Faster Act, 2022 has significant negative impacts on the Municipality's fiscal sustainability. Bill 109, the subject of this report, combined with the impacts of the proposed Bill 23, undermine the principle of "growth pays for growth" and shifts the burden of many costs from the developer to the taxpayer. Staff Contact: Lisa Backus, Manager of Community Planning, 905-623-3379 Ext. 2413 or Ibackus(a).clarington.net; Amy Burke, Principal Planner, 905-623-3379 Ext. 2423 or aburke _clarington.net. Attachments: Attachment 1 — Development Application Process Diagrams Attachment 2 — Fees By-law Amendment & Fee Schedule Interested Parties: The following interested parties will be notified of Council's decision: Durham Region Home Builders Association BILD — Durham Chapter Regional Municipality of Durham Central Lake Ontario Conservation Authority Ganaraska Region Conservation Authority Attachment 1 to PDS-051-22 Zoning By-law Development Application Process: Current (Until Dec. 31, 2022) Early concept informational meeting Pre -consultation Pre -application consultation (Conceptual) Application submission and payment Complete Application application decision Review (subject to Planning Act timeframes) Application circulation and review Public Information Centre (if required) Statutory Public Meeting (if required) Application revision, resubmission and recirculation (if required) Positive Recommendation OR Negative Report to Planning & Recommendation Report to Development Committee Planning & Development Committee Refer back to staff I Decision of Council Zoning By-law Development Application Process: Proposed: (Effective Jan. 1, 2023) Early concept informational meeting Pre -application consultation (Conceptual) Pre -consultation Pre -application consultation (Technical) Applicant -Led Public Information Centre (if required) Application submission Application Complete Review application decision (subject to Planning Act timeframes) Application circulation and Appeal by review Applicant Appeal by (for non- decision) Statutory Public Meeting Applicant (if required) (for non - decision) Issue refund Positive Recommendation OR Negative (if timelines Recommendation Report to note met) Report to Planning & Planning &Development Development Committee Committee Decision of Council Attachment 2 to PDS-051-22 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law No. Being a By-law to amend Schedule A of the Fee By-law 2010-142 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; WHEREAS Section 391(1) of the Municipal Act provides for municipalities to impose fees or charges for services or activities provided or done by or on behalf of it; Now therefore the Council of the Municipality of Clarington enacts as follows: Commencing January 1, 2023, the fees for services provided by the Municipality under By-law 2010-142 shall be amended by the following Schedules to this By- law: Schedule "A" — Planning Services and Legal Services Department Passed in open session this day of , 2022 Adrian Foster, Mayor June Gallagher, Municipal Clerk By-law 2010-142 Schedule "A" Planning Services/Legal Services Departments Fee Schedule January 1, 2023 to June 30, 2023 Type of Application Fee (Credit Cards are Not Accepted) Official Plan Amendment note 7 Minor Application $16,900.00 Major Application (note 1) $24,760.00 Aggregate Pit or Quarry $37,380.00 Regional Official Plan Amendment Review $3,040.00 Neighbourhood Design Plan Amendment $5,640.00 By-law Amendment note 7 -Zoning Minor $8,490.00 Major note 3 $12,730.00 Removal of (H) Holding Symbol $2,940.00 Extension of a temporary use $2,490.00 Combined Official Plan and Zoning By-law Amendments note 11 Minor $23,265.00 Major $31,125.00 Draft Plan of Subdivision note 7 Residential $18,020 + $300/unit and $500/block Non -Residential $7,460.00 Preparation of Subdivision Agreement note 5 $4,510 + $586.30 HST $5,096.30 Preparation of Subdivision Agreement Amendment (note 5) ($1,130 + $146.90 HST) $1,276.90 Recirculation Fee 50% of the base fee Red Line Revisions to Draft Approval Plan of Subdivision (note 7) All Revisions $9,960 + $300 additional/unit and $500/block Major Revisions to Subdivision Applications Not Draft Approved (note 7) Where original application was filed prior to July 1, 2000 $15,750 + $300/unit and $500/block Where original application was filed between July 1, 2000 to Dec. 31, 2006 $7,890 + $300 /unit and $500/block Where original application was filed after December 31, 2006 $7,890.00 Subdivision Clearance $2,870.00 Extension of Draft Plan Approval $2,870.00 Draft Plan of Condominium note 7 Residential and Non -Residential $8,210.00 Application for Condominium Conversions $9,960.00 Preparation of Condominium Agreement note 5 $4,120 + $535.60 HST $4,655.60 Preparation of Condominium Agreement Amendment (note 5) ($835.00 + $108.55 HST) $943.55 Condominium Clearance $2,270.00 Part Lot Control (note 7) ($1,130 + $60/unit) Site Plan Approval / Amendment note 7 Telecommunications Towers $9,010.00 Residential Use $6,770 + $225/unit for the first 100 units and $150 for each unit after the first 100 units Commercial Use $5,640 + $1.50/m2 commercial gross floor area Mixed Use Building note 12 $5,080 + $0.60/m2 commercial gross floor area + $60/residential unit maximum $20,000 Industrial / Other Uses $3,390 + $0.25/m2 gross floor area maximum $10,000 Amendment - Residential Use $1,130 + $50/unit maximum $6,000 Type of Application Fee (Credit Cards are Not Accepted) Amendment - Commercial Use $2,040 + $1.50/m2 commercial gross floor area maximum $16,000 Amendment - Mixed Use (note 12) $2,400 + $0.60/m2 commercial gross floor area + $60/residential unit (maximum $16,000) Amendment - Industrial / Other Use $920 + $0.20/m2 gross floor area (maximum $6,400) Minor Site Plan / Oak Ridges Moraine note 2 $730.00 Sales Trailer / Model Home $2,270.00 Preparation of Section 41 Agreement (note 5) ($680.00 + $88.40 HST) $768.40 Preparation of Section 41 Agreement Amendment (note 5) ($680.00 + $88.40 HST) $768.40 Landscape Inspection Fee for projects with greater than 2500 sq. m. of floor area, or 25 units or greater (0.5% of the landscape cost estimate with a minimum of $1,000) Recirculation Fee 50% of the base fee Extension of Site Plan Approval 50% of the original application fee Committee of Adjustment — Minor Variance note 4 and 7 Accessory Buildings and Structures $650.00 Residential Minor (single, semi-detached, townhouse or proposed lot) $840.00 Residential Major (all other residential) $1,360.00 Commercial $1,940.00 Other non-residential $840.00 Tabling and Recirculation Fee applicant initiated' $290.00 Permit -Sign Permanent $230.00 Temporary $125.00 By-law -Sign Variance $790.00 Amendment $1,980.00 Additional Dwelling Unit Application and Registration $240.00 Registration for Applications submitted prior to January 1, 2015 $110.00 Rental Protection Act $1,460.00 Land Use Information and Compliance Letter Zoning, Building, and all other property information $190.00 Subdivision and Site Plan eragreement $190.00 Land Division Review Fee $730.00 Preparation of Section 53 Agreement (note 5) ($680.00 + $88.40 HST) $768.40 Peer Review (Applicant responsible for 100% Municipality's full costs of undertaking a Peer Review Comments on Applications Under the Green Energy Act microFIT applications (10 kW or less) $190.00 FIT applications up to 10 MW solar energy) $530.00 FIT applications up to 10 MW (other than solar) $6,880.00 Other Pre -consultation Stage 1 — Conceptual Proposal Review $1,000.00 Stage 2 — Technical Proposal Review $5,000.00 Minor Pre -consultation (note 14) $300.00 Street Name Change Request $1,360 + $50 per municipal address Activation of a dormant application not requiring a Public Meeting 25% of the initial application fee or $1,550 whichever is greater. Type of Application Fee (Credit Cards are Not Accepted) Application Requiring An Open House or Additional Public Meeting $1,990.00 (additional fee for each subsequent public meeting)) Application Requiring Additional Public Meeting $2,270.00 (additional fee for each subsequent public meeting where notice is provided through the local newspaper) Application Involving Review Under EPA and/or EAA Process (additional fee) $16,340.00 Ontario Municipal Board or Land Planning Appeals Tribunal Related Administration Fee note 8 Preparation of Development / Servicing Agreement (note 5 and note 9) Folding of drawings accompanying a submission (fee per sheet) ($5.00 + $0.65 HST) $5.65 Notarial Fee By Municipal Solicitor $25.00 + $3.25 HST $28.25 Commissioners Fee By Municipal Staff ($25.00 + $3.25 HST) $28.25 Publications Small Maps ($5.00 + $0.65 HST) $5.65 Maps $15.00 + $1.95 HST $16.95 -Large Aerial Photography (colour) $5.00 + $0.65 HST $5.65 Official Plan Colour Map ($5.00 + $0.65 HST) $5.65 Clarington Official Plan ($75.00 + $9.75 HST) $84.75 Clarin ton Zoning By-law $75.00 + $9.75 HST $84.75 Clarin ton Street Name Index CD Format $16.00 + $2.08 HST $18.08 Studies: Under 40 pages $13.00 + $1.69 HST $14.69 40 - 100 pages $26.00 + $3.38 HST $29.38 100 - 200 pages ($43.00 + $5.59 HST) $48.59 over 200 pages $60.00 + $7.80 HST $67.80 CD ($15.00 + $1.95 HST) $16.95 Real Property Transaction For the preparation of any agreements relating to real property transactions not otherwise specifically addressed in this Fee Schedule; land transfers (e.g. right-of-ways, encroachments, leases and licensed, easements) the person requiring the agreement shall be required to pay fees and disbursements in accordance with notes 5 and 9 below. Note 1 The following are criteria for determining what constitutes a Major Official Plan Amendment application: - New golf courses or expansion to existing golf courses; - New waste facility or expansion to existing waste facility; - Commercial Development greater than 2,500 m 2 ; - Deletion or addition of arterial or collector road; and/or - Any application that due to the broader policy implications for the Municipality would require the need to review or manage studies, or any application deemed to be a major by the Director of Planning Services. Note 2 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 2005-109; - A dog kennel and similarly -scaled uses; and/or - A minor alteration to an existing site plan to revise parking, add a patio, add a storage building, revise signage, add or delete portables, etc. Note 3 The following are criteria for determining what constitutes a major Zoning By-law Amendment application: -Associated with an Official Plan Amendment; - Associated with an application for proposed Plan of Subdivision; - Application involving multiple properties, except for commercial and industrial related applications; and/or - Any application that requires the review of technical support documents or studies (e.g. environmental analyses, transportation). Note 4 Minor Variance applications for the construction or placement of an accessibility device to provide access to a single-detached/link or townhouse dwelling is exempt from the fee. An "accessibility device" is defined as a device including a ramp that aids persons with physical disabilities in gaining access to a dwelling unit. Note 5 Agreement preparation fee does not include the cost of registering the agreement and all related documents (e.g. Transfers, Postponements, or inhibiting orders) in the Land Registry office. The cost of such registrations is as follows: - Initial registration $250.00 plus HST, plus disbursements - All subsequent registrations $125.00 plus HST, plus disbursements. Applicants must provide the Municipality (Legal Services) with all such costs prior to registration. Note 6 The following are criteria for determining what constitutes a minor application for red- line revisions to Draft Approval: - Does not require circulation to outside agencies. Note 7 Fees for all Planning applications submitted by a registered charitable organization or for a registered non-profit housing organization will be reduced by 50%. Note 8 In addition to the fees set out for Planning Act Applications, the total fees payable shall include all fees associated with supporting an applicant at any hearing where the application was approved by Municipal Council including legal fees at a rate of $180/hour and consultant/witness fees where required, but excluding the costs of the Planning Department staff. Note 9 For preparation of any development/servicing agreement other than a subdivision agreement, Section 41 agreement or a Section 53 agreement, the applicant is required to reimburse the Municipality for its legal costs. If the legal work is undertaken by the Municipal Solicitor, it will be charged at the rate of $180/hour. If the legal work is undertaken by other legal counsel, it will be charged at the legal counsel's hourly rate. The minimum fee for any such agreement shall be $475.00 plus HST. Note 10 This Schedule "A" shall remain in effect from July 1, 2022 until June 30, 2023. In the event that a fees review is not undertaken before that date fees will be increased annually by 3%, commencing on July 1, 2024. Note 11 Where Official Plan and Zoning By-law Amendments are submitted together a reduction of 50% of the Major Zoning By-law Amendment Fee shall apply. Note 12 The fee for a Mixed -Use Building will apply when residential units are proposed and a minimum of 50% of the ground floor of a building is for non-residential purposes. Note 13 Recirculation fees will be required on the 4th resubmission of application materials that require circulation to internal departments and/or external agencies. Note 14 The following are criteria for determining what constitutes a Minor Pre -consultation: - Applications associated with a single detached dwelling; and/or - Applications associated with an agricultural use.