HomeMy WebLinkAboutBy-law 7595/17 - City Development Charges The Corporation of the City of Pickering
By-law No. 7595/17
Being a By-law Regarding Development Charges
Whereas pursuant to subsection 2(1) of the Development Charges Act, 1997 (the Act),
the council of a municipality may by by-law impose development charges against land to
pay for increased capital costs required due to increased needs for servicing arising from
development of the area to which the By-law applies;
Whereas the Council of The Corporation of the City of Pickering approved the City of
Pickering Development Charge Background Study, dated October 5, 2017, as amended,
prepared by Watson &Associates Economists Ltd.;
Whereas the Council has made the.Background Study and proposed Development
Charges By-law available to the public at least sixty days prior to by-law passage and
two weeks prior to the public meeting and has given notice in accordance with Section
12 of the Act of its development charges proposal and a public meeting was held on
November 6, 2017;
Whereas the Council has heard all persons who applied to be heard in objection to, or
` in support of, the proposed Development Charge By-law at such public meeting, and
�a.✓ provided a subsequent period for written communications tobe made;
Whereas the Council in adopting the Development Charge Background Study directed
• that development charges be imposed on land under development or redevelopment
within the geographical limits of the municipality as hereinafter provided.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
Parti
Application
1. (1) Subject to subsection.(2), this By-law applies to all lands whether or not the
land or use is exempt from taxation under Section 3 of the Assessment Act.
(2) This By-law shall not apply to land that is owned by and used for the purposes of,
(a) a board of education as defined under subsection 1(1) of the Education
Act
(b) any municipality or..local board thereof;
By-law No. 7595/17 Page 2
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(c) the development of a non-residential farm building used for bona fide
C1. agricultural purposes provided that this subsection 2(c) exemption does
not apply to the development charges calculated with respect to
Transportation Services, Protection Services, and Other Services Related
to a Highway;
(d) a building or structure that is used in connection with a place of worship
and is exempt from taxation under the Assessment Act as a result;
(e) development where:
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(i) no additional dwelling units are being created; or
(ii) no additional non-residential gross floor area is being added;
or _
(f) nursing homes and hospitals.
(3) An owner who has obtained a demolition permit and demolished an existing
dwelling unit or a non-residential building in accordance with the provisions .of the
Building Code Act shall not be subject to the development charge under
subsection (1)with respect to the development-being replaced, provided that:
(a) the building permit for the replacement residential units or non-residential
area is issued not more than 5 years after the date of demolition;
(b) the building permit for those properties that do not have municipal
services that include sanitary sewer, storm sewer and watermain for the
replacement residential units or non-residential area is issued not more
than 10 years after the date of demolition;
(c) the applicant has provided proof that the building being demolished was
subject to, and paid a development charge under a prior by-law or a lot
levy under by-law 3322/89;
(d) any dwelling units or additional non-residential floor area created in
excess of what was demolished shall be subject to the development
chargecalculated under Section 6 and 11, respectively; and
(e) notwithstanding subsection 3(a), for building permit issuance occurring
between January 1, 2018 and June 29, 2018, demolition must have
occurred no more than 10 years prior to building permit issuance in order
to be eligible for the redevelopment credit.
2. (1.) Subject to subsection (2), development charges shall apply, and shall be
calculated, paid and collected in accordance with the provisions of this By-law,
in respect of land to be developed for residential use, non-residential use, or
both where the development requires,
By-law No. 7595/17 Page 3
(a) the passing of a zoning by-law or of an amendment to a zoning by-law
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;
(f) the approval of a description under Section 50 of the Condominium Act; or
(g) the issuing of a permit under the Building Code Act, in relation to a
" building or structure. V
(2) Subsection (1) shall not apply in respect of:
(a) local services, related to a plan of subdivision or within the area to which
the plan relates, to be installed or paid for by the owner as a condition of
approval under Section 51 of the Planning Act; V
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(b) local services to be installed or paid for by the owner as a condition of
approval under Section 53 of the Planning Act.
3. (1) Where two or more of the actions described in subsection 2(1) are required
before land to which a development charge applies can be developed, only one
development charge shall be calculated, paid and collected in accordance with
the provisions of this By-law.
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(2) Notwithstanding subsection (1), more than one development charge by-law may
apply to the same area and if two or more of the actions described in subsection
2(1) occur at different times, and if the subsequent action has the effect of
increasing the need for services as designated in Sections 5 and 10, an
additional development charge shall be calculated, paid and collected in
accordance with the provisions of this By-law.
Part II
Residential Development Charges
4. In this Part,
(a) "apartment building" means a residential building or the residential portion of a
mixed-use building consisting of more than 3 dwelling units,which dwelling
units have a common entrance to grade, but does not include a triplex, semi-
detached duplex, semi-detached triplex, townhouse or stacked townhouse;
(b) "apartment" means a dwelling unit in an apartment building;
By-law No. 7595/17 Page 4
(c) "bedroom" means any room used, or designed or intended for use, as sleeping
quarters;
(d) "development charge" means residential development charge;
(e) "dwelling unit" means a room or suite of rooms used, or designed or intended
for use by one person or persons living together, in which culinary and sanitary
facilities are provided for the exclusive use of such person or persons;
(f) "garden suite" means a one-unit detached, temporary residential structure
contain r bathroom and kitchen facilities that is ancillary for an existing
residential structure and that is designed to be portable;
(g) "grade" means the average level of finished ground adjoining a dwelling at all
exterior walls;
(h) "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;
(i) "hospital" means land, buildings or structures used, or designed or intended for
use as defined in the Public Hospitals Act, R.S.O. 1990, c.P.40 as amended;
(j) "Live Work unit" is as defined in the City's zoning by-laws;
(k) "nursing home" means a building owned and operated on a non-profit basis
but excluding any building or part of a building which is comprised of dwelling
units;
(I) "residential use" means lands, buildings or structures used, or designed or
intended for use as a home or residence of one or more individuals, and shall
include, but is not limited to, a single detached dwelling, a semi- detached
dwelling, a townhouse, a plex, a stacked townhouse, an apartment building, a
mobile home, a retirement residence and a residential dwelling unit accessory
to a non-residential use;
(m) "retirement residence" means a residential building or the residential portion of
a mixed-use building which provides accommodation for persons of retirement
age, where common facilities for the preparation and consumption of food are
provided for the residents of the building,.and where each unit or living
accommodation has separate sanitary facilities, less than full culinary facilities
and a separate entrance from a common hall;
(n) "retirement residence unit" means a unit within a retirement residence;
By-law No. 7595/17 Page 5
(o) "semi-detached dwelling;'.means one of a pair of dwelling units attached
�.. together horizontally above or below grade or both above and below grade;
(p) "single-attached dwelling" means one of a group of not less than three adjacent
dwelling units attached together horizontally by above grade common walls;
(q) "single-detached dwelling" means a single dwelling unit which is free-standing,
separate and detached from any other building or structure.
5. Development charges against land to be developed for residential use shall be
based upon the services designated in Schedule "A", which are provided by the
City.
6. (1) Subject to the provisions of this Part, development charges against land to be
developed for residential use shall be calculated, paid and collected at the
rates per residential unit set out in Schedule "C" and Schedule "D";
(2) Residential development located within the Seaton lands, as shown in
Schedule "B", is subject to the Seaton Transportation funding arrangement set
out in the Seaton Financial Impacts Agreement dated November 26, 2015, and
not to the Transportation charge applicable to development in the rest of
Pickering;
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(3) The development charges imposed on a retirement residence unit under
subsection (1) shall be payable at the rate applicable to an apartment of one
bedroom and smaller;
(4) Development charges against land to be developed for a Live Work unit shall
be subject to the residential rates. •
7. (1) Subject to subsections (2) and (3), Section 6 shall not apply in respect of a
renovation, addition or installation which involves the creation of:
(a) one or two additional dwelling units in an existing single-detached
dwelling;
(b) an additional dwelling unit in any other existing residential building; or
(c) garden suites.
(2) Notwithstanding clause (1)(a) of this Section, development charges shall be
calculated, paid and collected in accordance with Section 6 where the total
gross floor area of the additional unit or units is greater than the total gross
floor area of the existing dwelling unit.
(3) Notwithstanding clause (1)(b) of this Section, development charges shall be
calculated, paid and collected in accordance with Section 6 where the
additional unit has a gross floor area greater than,
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By-law No. 7595/17 Page 6
(a) in the case of a semi-detached dwelling or single attached dwelling, the
Co., gross floor area of the dwelling unit already in the building; or
(b) in the case of any other residential building, the gross floor area of the
smallest dwelling unit contained in the residential building.
(4) Residential apartment dwelling units located outside of the Seaton lands, as
shown in Schedule "B", are subject to the charges set out in Schedule "D"for
the period of January 1, 2018 to December 31, 2020.
8. (1) Where non-residential floor area is to be converted to residential space, a
charge shall be paid for any new residential units created, less the amount of
the charge which would be payable if the existing non-residential space being
converted were being constructed, but in no case shall the net charge be less
than zero.
(2) Notwithstanding subsection 8(1), development charge credits for the
conversion of an existing building from one principal use to another will only be
provided where the applicant has provided proof of payment of development
charges under a previous by-law orr a lot levy under by-law 3322/89 with regard
to the building to be converted.
, Part Ill •
Non-Residential Development Charges
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9. In this Part,
(a) "agricultural use" means lands,,buildings or structures, excluding any portion
thereof used as a dwelling unit or for a commercial use, used or designed or
intended for use for the purpose of a bona fide farming• operation including,
but not limited to, animal husbandry, dairying, livestock, fallow, field crops,
removal of sod, forestry, fruit farming, greenhouses, horticulture, market
gardening, pasturage, poultry keeping, and equestrian facilities;
(b) "development charge" means non-residential development charge;
(c) "grade" means the average level of finished ground adjoining a building at all
exterior walls;
(d) "existing industrial building" means a building used for or in connection with:
(i) manufacturing, producing, processing, storing or distributing
something;
(ii) research or development in connection with manufacturing,
producing or processing something;
By-law No. 7595/17 Page 7 •
r' (iii) 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 mahufacturing, production or processing takes
place; or
(iv) office or administrative purposes, if they are:
(1) carried out with respect to manufacturing, producing,
processing, storage or distributing of something; and in or
attached to the building or structure used for that
manufacturing, producing, processing, storage or distribution;
(2) in or attached to the building or structure used for that
manufacturing, producing, processing, storage or distribution;
(e) "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;
(f) "net hectare" means the area in hectares of a parcel of land exclusive of the
following:
lands conveyed or to be conveyed to the City of Pickering or a local
board thereof or the Region or a local board thereof;
(ii) lands conveyed or to be conveyed to the Ministry of Transportation
for the construction of provincial highways;
(iii) hazard lands conveyed or to be conveyed to a conservation authority
as a condition of development;
(iv) lands identified as "Natural Heritage System" pursuant to the Central
Pickering Development Plan; and
(v) stormwater management facility areas;
(g) "non-residential" means designed, adapted or used for any purpose other
than a dwelling unit or dwelling units, or accessory uses or spaces to a
dwelling or dwellings;
(h) "total floor area" means the sum total of the areas of the floor whether above
or below grade, measured between the exterior faces of the exterior walls of
the building or structure or from the centre line of a common wall separating
two uses; and
By-law No. 7595/17 Page 8
L. (i) includes the area of mezzanine as defined in the Ontario Building
Code; and
(ii) excludes those areas used exclusively as mechanical areas or for
parking garages or structures.
10. Development charges against land to be developed for non-residential use shall be
based upon the services designated in Schedule "A", which are provided by the
City.
11. (1) Subject to the provisions of this Part, development charges against land to be
developed for non-residential use shall be calculated, paid and collected at the
rates set out in Schedule "C":
(2) Non-residential development located within Seaton Lands in Schedule "B" is
subject to the Seaton Transportation funding arrangement set out in the
Seaton Financial Impacts Agreement dated November 26, 2015, and not to
the Transportation charge applicable to development in the rest of Pickering.
Further, non-residential development located within the Seaton Prestige
Employment Lands (shown in Schedule "B") is subject to the charge per net
hectare set out in Schedule "C";
(3) The development charges in subsection 11(2) shall be calculated based on the
number of net hectares of the entire parcel of land on which development will
occur.
(4) If a development includes the enlargement of the gross floor area of an
existing industrial building, the amount of the development charge that is
payable in respect of the enlargement will be determined as follows:
(a) if the gross floor area is enlarged by 50 percent or less, the amount of
the development charge in respect of the enlargement is zero; and
(b) if the gross floor area is enlarged by more than 50 percent, the amount
of the development charge in respect of the enlargement is the amount
of the development charge that would otherwise be payable multiplied
by the fraction determined as follows:
(i) determine the amount by which the enlargement in gross floor
area exceeds 50 percent of the gross floor area lawfully
constructed at the time of building permit application; and
(ii) divide the amount:determined under paragraph (i) by the amount
of the enlargement.
(c) for the purposes of calculating the floor area of the existing industrial
building, floor area created by a previous enlargement shall not be
included.
By-law No. 7595/17 Page 9
12. (1) Where residential floor area is to be converted to non-residential floor area, a
charge shall be paid for any new non-residential space created, less the
amount of the charge which would be payable if the existing residential units
being converted were being constructed, but in no case shall the net charge be
less than zero.
(2) Notwithstanding subsection 12(1), development charge credits for the
conversion of an existing-building from one principal use to another will only be
provided where the applicant has provided proof of payment of a development
charge under a prior by-law or a lot levy under by-law 3322/89 with regard to
the building to be converted.
Part IV
Administration
13. Development charges against land to be developed for residential uses, non-
residential uses, or both, shall be calculated, paid and collected as follows:
(a) development charges against that portion of the land to be developed for
residential use shall be calculated, paid and collected on a per dwelling unit of
residential use basis in accordance with Part II and Schedules "C" and "D" of
this By-law and in the case of a mixed-use building or structure, upon the
residential uses in the mixed use buildings or structures, according to the type
of residential use;
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(b) development charges against that portion of the land to be developed for non-
residential use shall be calculated, paid and collected in accordance with Part
Ill and Schedule "C" of this By-law and in the case of a mixed-use building or
structure, upon the non-residential uses in the mixed-use building or structure.
14. (1) Development charges shall be payable in full on the date that the building
permit is issued in relation to a-building or structure on land to which a
development charge applies.'
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(2) No building permits shall be issued by the City for the construction of any
building or structure on land to which a development charge applies until the
applicable development charges have been paid in full to the City.
(3) Where an owner has paid to the City; prior to the enactment of this By-law, in
relation to a building or structure on land to which a development charge
applies,
(a) a charge against development pursuant to an obligation to do so in a
subdivision agreement, condominium agreement, development
agreement or other agreement with the City;
By-law No. 7595/17 Page 10
(b) a fee as a condition of obtaining a consent to create a lot, other than the
application fee; or
(c) a lot levy pursuant to By-law 3322/89,
and the building permit for that building or structure has not been issued prior
to the enactment of this By-law, the owner shall be credited with the amount so
paid, up to the amount of the development charge payable, as part of the
development charge payable hereunder when the building permit is issued.
Notwithstanding subsection 14(3)(a), fees paid under the Seaton Financial
Impacts Agreement dated November 26, 2015 shall not be credited against
development charges payable.
15. (1) Monies received from payment of development charges shall be maintained in
a separate reserve fund for each service designated in Schedule "A", plus
interest earned thereon.
(2) Monies received for the payment of development charges shall be used only in
accordance with the provisions of s.35 of the Act.
(3) The amounts contained in the reserve funds established under this Section
shall be invested, with any income received credited to the development
charge reserve funds in relation to which the investment income applies.
Ci•.. 16. (1) The development charges referred to in Sections 6 and 11 apply to all permit
applications received on or after January 1, 2018. These rates shall be
adjusted annually, without amendment to this By-law, as of July 1 each year.
(i) The rates in Schedule "C" shall be adjusted on July 1, 2018 in
accordance with the change,in the index for the most recently available
six-month period ending March 31 for the Statistics Canada
Quarterly, Construction Price Statistics, Catalogue Number 62-007.
(ii) Commencing on July 1, 2019, the rates in Schedule "C" shall be
adjusted annually in accordance with the change in the index for the
most recently available annual period ending March 31 for the
Statistics Canada Quarterly, Construction Price Statistics, Catalogue
Number 62-007.
(iii) The rates in Schedule "b" shall be adjusted on July 1, 2018, July 1, 2019
and July 1, 2020 in accordance with the change in the index for the most
recently available annual period ending March 31 for the Statistics
Canada Quarterly, Construction Price Statistics, Catalogue Number 62-
007.
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By-law No. 7595/17 Page 11
(2), The indexed development charges rates effective July 1 each year shall not
apply to permit applications received prior to the July 1 effective date,
provided:
(i) the permit application is complete in terms of the applicant's submission
requirements set out in the Building Code and the City's Building By-law;
(ii) applicable law approvals prescribed in the Building Code have been
obtained or applied for; and
(iii) the building permit ora conditional building permit is issued for all or
part of the building on or before July 15 of that year.
17. Development charges are payable by cash or certified cheque at the applicable
rates or as may otherwise be approved by Council.
18. Council may consider allowing a person to perform work that relates to a service to
which this By-law relates and, if Council agrees, shall give the person a credit
towards a development charge otherwise payable, in exchange for the related
work.
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19. This By-law shall be administered by the Finance Department and applied by the
Chief Building Official.
20. The following schedules to this By-law form an integral part of this By-law:
Schedule "A" - Designated Municipal Services Under this By-law.
Schedule "B" - City of Pickering and Seaton Lands. .
Schedule "C" - Schedule of Development Charges Effective January 1, 2018.
Schedule "D" - Schedule of Development Charges Effective January 1, 2018 to
December 31, 2020 for Residential Apartments - 2 Bedrooms Plus &
Residential Apartments - Bachelor and 1 Bedroom, for the Area Outside of
Seaton ("Rest of Pickering") -
21. This By-law shall come into force at 12:01 am on January 1, 2018 for a term not to
exceed five years from that date, unless it is repealed at an earlier date.
22. By-law No. 7324/13 shall be repealed as of the date this By-law comes into force.
By-law No. 7595/17 r - • Page 12
By-law passed this 11th day of December, 2017 ,
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140
David Rya .r
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{,L^\/1 [1/]I�'� 1 ^ � ^ , ,fir. •.s
Debbie Shields, City Clei`k,`�, `
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Schedule "A"
Designated Municipal Services Under this By-law
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(a) Transportation Services, including roads, structures, sidewalks, streetlights,
traffic signals and services related thereto;
(b) Other Services Related to a Highway,:including facilities, vehicles and
equipment;
(c) Protection Services, including facilities,'vehicles, equipment and services
related thereto;
(d) Parks and Recreation Services, including parkland development, trail
development, facilities, vehicles, equipment and services related thereto;
(e) Library Services, including facilities, furnishings, equipment and services related
thereto, including circulating and non circulating materials generally provided to
library users by public libraries;
• (f) Administration, including development-related capital studies and services
related thereto;, ;.,
(g) Stormwater Management, including storm drainage and management works,
equipment and services related thereto. .a. .
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