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Staff Report
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Report To: General Government Committee
Date of Meeting: December 4, 2023 Report Number: PDS-068-23
Submitted By: Carlos Salazar, Director of Planning and Infrastructure Services Mary -
Reviewed By: Anne Dempster, CAO Resolution#: GG-211-23
File Number: By-law Number: 2023-073 , 2023-074
Report Subject: Land Division Process - Recommendation
Recommendations:
1. That Report PDS-068-23, and any related delegations or communication items, be
received;
2. That the By-law attached to Report PDS-068-23, as Attachment 1, to delegate the
authority to grant consents to the Committee of Adjustment and to revise the
Committee of Adjustment establishing By-law 2021-009 effective January 1st, 2024,
be approved;
3. That the By-law attached to Report PDS-068-23, as Attachment 2, to amend
Schedule `E' of the Fee By-law 2023-044 to introduce applicable consent
applications fees effective January 1st, 2024, be approved;
4. That Brad Whittle be appointed to the Committee of Adjustment effective January
1st, 2024, for a term ending December 31 st, 2026 or until a successor is appointed;
5. That the Committee of Adjustment compensation be increased from $53.66 to
$100.00 per hearing, effective January 1 st, 2024; and,
6. That all interested parties listed in Report PDS-068-23, and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PDS-068-23
Report Overview
Page 2
On September 5th, 2023, at the Region's Planning and Economic Development Committee
Meeting, Regional Staff brought forth a recommendation to transfer the approval authority for
consent (land division) applications to the Region's area municipalities effective January 1 st
2024 (Report #2023-P-22). As proposed, the Municipality of Clarington will be taking on the
responsibility of consent granting authority with its existing financial and staff resources.
On October 23rd, 2023, at the Municipality of Clarington's Planning and Development
Committee Meeting, Staff brought forth an information report that introduced and
summarized the basis for the transition of land division and provided preliminary
considerations for Council's review (Report #PDS-058-23).
The transition of consent granting authority to the Municipality of Clarington will strengthen
decision -making in the local context as it relates to land division and will provide
opportunities for efficiency when processing consent applications.
The purpose of this report is to recommend the delegation of consent granting authority to
the Committee of Adjustment and introduce the necessary by-laws to facilitate the
Municipality exercising its consent granting authority effective January 1 st, 2024.
1. Background
1.1 For clarity, "consent" is the term used in the Planning Act when referring to the creation
of new lots (i.e., severances), lot line adjustments, easements, rights -of -way, and
permission for mortgaging or leasing parts of lots for more than 21 years. A proposal to
create a limited number of new lots (generally three new lots or less) may proceed by
way of a consent application, whereas proposals to create more than three new lots
may require an application for a draft plan of subdivision.
1.2 Currently, the Regional Land Division Committee has the delegated authority for the
granting of consents. Durham is unique within the Greater Toronto and Hamilton Area
(GTHA) whereby Land Division responsibilities are assumed by the Regional Land
Division Committee, with area municipalities simply commenting on applications. In
other jurisdictions in the GTHA, consent responsibilities are assumed by local
Committee of Adjustments (CofAs), with minor variances and related consent
applications considered concurrently.
1.3 Under Bill 23, the Region of Durham and six other regional governments were defined
as "Upper -Tier Municipalities without Planning Responsibilities". One aspect of this
change relates to local municipalities having approval authority over subdivisions,
condominiums, land divisions, and part lot control exemptions. Until proclamation has
occurred (at a date still to be determined), the Region's planning function generally
remains unchanged. In anticipation of this change, the Region of Durham has
Municipality of Clarington Page 3
Report PDS-068-23
recommended the transfer of the approval authority for consent (land division)
applications to the Region's area municipalities effective January 1, 2024.
1.4 The Municipality currently has a commenting role in the land division process and
strictly provides an assessment of the applications conformity with local policy, to assist
the Committee in making its decision, imposes any necessary conditions of approval
and prepares a Section 53 agreement, as needed. Taking on the consent granting
authority at the municipal level will result in increased workload for existing Legal,
Planning and Infrastructure and CofA resources.
1.5 Taking on the consent granting authority at the municipal level will also allow for land
division to be considered in the local context, strengthening local government decision -
making. As proposed, the CofA can expect an average of two (2) consent applications
per month, the vast majority (92% based on a three-year review) of which are
severance applications to facilitate lot creation.
2. Staff Considerations
Committee of Adjustment Accommodations
2.1 In order to ensure knowledge transfer from the Region's Land Division Committee to
the CofA, Staff recommend that Brad Whittle, a Clarington resident and Clarington-
appointed member of the Region's Land Division Committee, be appointed to the CofA.
Mr. Whittle has expressed an interest in joining the CofA.
2.2 In order to ensure the CofA members are compensated for the additional work
associated with reviewing an average of two (2) consent applications per month, Staff
recommend an increase in the remuneration from the existing $53.66 to $100.00 per
meeting, effective January 1 st, 2024. The Municipality of Clarington has historically paid
its CofA less than other municipalities in the Region of Durham and has only increased
the compensation annually based on a percentage equivalent to the increases in the
CUPE Collective Agreement. The proposed increase is representative of other
municipalities in the Region of Durham and the GTHA beyond. Following the proposed
increase, beginning January 1st, 2025, the compensation will be increased annually
based on a percentage equivalent to the increases in the CUPE Collective Agreement.
Application Fees
2.3 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. The
current fee schedule for Clarington does not consider the direct and indirect cost of
processing consent applications.
Municipality of Clarington
Report PDS-068-23
Page 4
2.4 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.
2.5 Until such time as the comprehensive planning application fee review is complete, Staff
recommend an application fee of $3,175.00 with additional discretionary fees of
$310.00 (pre -application meeting, as required), $310.00 (tabling of an application),
$750.00 (for any additional circulation) and $520.00 (for any additional CofA hearing).
Given that the proposed fees will take effect January 1 st, 2024, each of the proposed
fees has been inflated by + / - 3% to account for inflationary increase that will also
occur on January 1 st, 2024.
2.6 The application fee of $3,175.00 consists of rounding up Clarington's existing review
fee ($730.00 + 3%) and the Region of Durhams former application fee ($1,350.00 +
3%) and stamping fee ($1,000.00 +3%).
2.7 The foregoing does not include the existing Land Division `Preparation of Section 53
Agreement' fee or review fees from external agencies (i.e., conservation authorities, the
Region of Durham, etc.).
Transition
2.8 The Region of Durham has delegated authority to the Councils of the area
municipalities effective January 1st, 2024. Accordingly, the recommendations of Staff
contained herein are proposed to be effective January 1st, 2024.
2.9 The Region will continue to be responsible for administering clearances and certificates
for all consent applications approved by the Durham Region Land Division Committee
prior to or in 2023.
2.10 Staff and the existing and proposed new CofA members are undergoing training with
the Region of Durham and other area municipalities in anticipation of January 1 st, 2024.
2.11 Staff are working towards having process updates, application materials, fees and
other pertinent information updated to the new `Land Division' webpage (replacing the
former severances webpage) for public review and use by the end of December 2023.
3. Financial Considerations
3.1 Throughout the proposed transition, Staff will continue to monitor whether additional
financial or Staff resources are required to support the additional workload allocated to
Legal Staff, Planning and Infrastructure Staff and CofA.
Municipality of Clarington Page 5
Report PDS-068-23
3.2 The proposed amendment to Schedule `E' of By-law 2023-044 will permit the
Municipality to collect application fees to facilitate the review and processing of consent
applications.
3.3 The proposed increase to the compensation of the CofA members from $53.66 to
$100.00 per meeting to account for the increased type and number of applications they
have the delegated authority to approve and to be consistent with other area
municipalities.
4. Concurrence
4.1 This report has been reviewed by the Director of Planning and Infrastructure and
Deputy CAO/Treasurer, who concur with the recommendations.
5. Conclusion
5.1 It is respectfully recommended that Council approve the proposed amendments in
order to facilitate the transition of consent granting authority to the CofA and implement
the necessary changes that will allow the Municipality to begin processing consent
applications effective January 1st, 2024.
Staff Contact: Lucy Pronk, Principal Planner, 905-623-3379 ext. 2314 or
Ipronk@clarington.net.
Attachments:
Attachment 1 — Delegation and amendment to By-law 2021-009
Attachment 2 — Amendment to Schedule `E' Fee By-law 2023-044
Interested Parties:
Committee of Adjustment Members
Attachment 1 to Report PDS-068-23
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The Corporation of the Municipality of Clarington
By-law 2023-XXX
Being a by-law to amend By-law 2021-009 to expand the responsibilities of the
Committee of Adjustment to include consent granting authority pursuant to the Planning
Act, R.S.O. 1990, c.P.13, as amended.
Whereas subsection 54(2) of the Planning Act, R.S.O. 1990, cP.13, as amended,
authorizes where authority is delegated to a council under subsection (1), such council
may, in turn, by by-law, delegate the authority or any part of such authority, to a
committee of council, to an appointed officer identified in the by-law by name or position
occupied or to a committee of adjustment;
And whereas Council deems it appropriate to expand the responsibilities of the
Committee of Adjustment to include the authority for the giving of consents under
Section 53 of the Planning Act, R.S.O. 1990, cP.13, as amended, as described in PDS-
068-23;
And whereas Council deems it appropriate to appoint an additional member to the
Committee of Adjustment as described in PDS-068-23.
Now Therefore Be It Resolved That the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. That Section 2 of By-law 2021-009 be amended by deleting the following words:
"The Committee of Adjustment shall be composed of six (6) persons
appointed by Council."
And replacing them with the following words:
"The Committee of Adjustment shall be comprised of seven (7) persons
appointed by Council."
2. That the following be added to the beginning of Section 5 of By-law 2021-009:
"In accordance with Section 44(5) of the Planning Act,"
3. That the following be added to By-law 2021-009 as Section 11.1:
"That the Committee of Adjustment be delegated the functions of Council
pursuant to subsection 54(2) with respect to applications made for the
giving of consents under Section (53) of the Planning Act, R.S.O. 1990,
cP13, as amended."
4. That this By-law shall come into force and effect on January 1 s', 2024.
By-law passed in open session this day of , 2023.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
Attachment 2 to Report PDS-068-23
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Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2023-XX
Being a by-law to amend Schedule E of the Fee By-law 2023-044.
Whereas Subsection 69(1) of the Planning Act, R.S.O. 1990, c.P.12, as amended,
provides that by-laws may be passed by the council of a municipality to establish a tariff
of fees for the processing of applications made in respect of planning matters; and
Whereas Subsection 391(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes a municipality 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:
That the review fee in the land division section of Schedule `E' to By-law 2023 be
deleted and the following fees be added:
Land Division
Fee
Unit
Application Fee
$3,175.00
Pre -application Meeting
310.00
Tabling of Application
310.00
Re -circulation
750.00
Per additional circulation
Additional Committee of
Adjustment Hearing
520.00
Per additional Committee
of Adjustment Hearing
2. That this By-law shall come into force and effect on January 1 s', 2024.
By-law passed in open session this day of , 2023.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk