HomeMy WebLinkAboutBy-law 7324/13 •
The Corporation of the City of Pickering
By-law No.7324/13
Being a By-law Re garding 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; and
Whereas, the Council of The Corporation of the City of Pickering approved the City of
Pickering Development Charge Background Study, dated October 25, 2013, as
amended, prepared by Watson &Associates Economists Ltd.;
And Whereas the Council has made the Background Study and proposed Development
Charges By-law available to the public at least 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 11, 2013;_
And 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 provided a subsequent period far written communications to be made;
And 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:
Part I
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. 7324/13 Page 2
(c) the development of a non-residential farm building used for bona
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fide agricultural purposes;
(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:
(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 the building permit for the replacement
residential units or non-residential area is issued not more than 10 years
after the date of demolition and provided that any dwelling units or
additional non residential floor area created in excess of what was
demolished shall be subject to the development charge calculated under
Section 6 and 11, respectively.
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,
(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;
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By-law No. 7324/13 Page 3
(f) the approval of a description under Section 50 of the C ondominium
Act; or
(g) the issuing of a permit under the Building Code Act, in relation to a
building or structure.
(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,
(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.
(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.
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Part II
Residential Development Charges
4. In this Part,
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(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;
(c) "bedroom" means any room used,or designed or intended for use, as
sleeping quarters;
(d) "development charge" means residential development charge;
By-law No. 7324/13 Page 4
(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
containing bathroom and kitchen facilities that is ancillary to 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; V
(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. 7324/13 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";
(2) Residential development located'within Seaton lands, as shown in
Schedule B, is subject to the Seaton Transportation funding arrangement
and not to the Transportation charge applicable to development in the rest
of Pickering;
(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.
By-law No. 7324/13 Page 6
(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,
(a). in the case of a semi-detached dwelling or single attached dwelling,
the 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.
8. 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.
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Part Ill
Non-Residential Development Charges
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;
By-law No. 7324/13 Page 7
(ii) research or development in connection with manufacturing,
producing or processing something;
(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 manufacturing, production or processing takes
place; or
(iv) office or administrative purposes, if they are:
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(1) carried out with respect to manufacturing, producing,
processing, storage or distributing or something, and
(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:
(i) 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) storm water 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;
By-law No. 7324/13 Page 8
(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
(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 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 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:
By-law No. 7324/13 Page 9
(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.
12. 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.
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 Schedule "C" 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;
(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 III 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. "
(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 charge has been paid in full to the City.
By-law No. 7324/13 Page 10
(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,
(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.
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.
16. (1) The development charges referred to in Sections 6 and 11 apply to all
permit applications received on or after January 1, 2014 and to those
received prior to January 1, 2014 that do not meet the transitional
provisions under s.s.16(3). These rates shall be adjusted annually,
without amendment to this By-law, as of July 1 each year, commencing in
2015, 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.
(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:
By-law No. 7324/13 Page 11
(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
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(iii) the building permit or a conditional building permit is issued for all
or part of the building on or before July 15 of that year.
Transitional Policy
(3) For permit applications received prior to January 1, 2014, the development
charge will be based on the rate that applied immediately prior to January
1, 2014, 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 or a conditional building permit is issued for all
or part of the building on or before April 1, 2014.
17. Development charges are payable by cash or certified cheque at the applicable
rates or as otherwise may 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 it agrees shall give the person a credit towards
a development charge otherwise payable in exchange for the related work.
19. This By-law shall be administered by the Corporate Services 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, 2014.
21. This By-law shall come into force and effect at 12:01 am on January 1, 2014 for a
term not to exceed five years from the date it comes into force, unless it is
repealed at an earlier date.
By-law No. 7324/13 Page 12
22. By-law No. 6978/09 shall be repealed as of the date this By-law comes into force.
By-law passed this 9th day of December, 2013.
David Rya ay
1
Paul Bigio A . ing) City Clerk
Schedule "A"
Designated Municipal Services Under this By-law
(a) development-related capital studies;
(b) fire stations and equipment and services related thereto;
(c) storm drainage and management works and equipment and services
related thereto;
(d) transportation, including roads, structures, sidewalks, streetlights, traffic
signals and services related thereto;
(e) operations, including facilities, vehicles and equipment;
(f) parkland development and trail development and equipment and services
related thereto;
(g) major indoor recreational facilities and equipment and services related
thereto;
(h) libraries and furnishings and (non-computer) equipment and services
related thereto, including circulating and non-circulating materials
generally provided to library users by public libraries.
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a i-44.1 o BY-LAW 7324/13
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lb CITY OF PICKERING AND SEATON LANDS
Veitri l C 1 I i . wa f L I- Development Charges
s E. L�il �_ ..- r � 3;� ���� By-law 7324/13 applies to
t . r�\1 r�"� _ �4'1 IY all lands within the boundary of the
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_!1'' � 'I� .,� ��cy 1�7�1 igal , + SEATON PRESTIGE EMPLOYMENT LANDS
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INFORMATION CURRENT AS OF JULY 31. 2013.
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REVISED F-12
SCHEDULE "C"
(To Development Charges By-law XX-13) •
City of Pickering
Schedule of Development Charges
Effective January 1, 2014
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Non-residential
Residential Development-Per Dwelling Unit Development
Service Single or Apartment Apartment Non- Prestige
Dwellings Dwellings residential Employment
Semi- with 2 or with less Other per Sq.ft.of Land in
Detached Dwellings
more than 2 Total Floor Seaton Per
Dwellings bedrooms bedrooms Area Net Hectare
Development-related Studies • $ 182 $ 96 $ 71 $ 144 $ 0.08 $ 2,508
Fire $ 599 $ 317 $ 233 $ 475 $ 0.26 $ 8,119
Parks Development $ 1,645 $ 870 $ 638 $ 1,305 $ 0.14 $ 4,235
Major Indoor Recreation Facilities $ 3,427 $ 1,812 $ 1,328 $ 2,718 $ 0.28 $ 8,826
Library $ 825 $ 436 $ 320 $ 654 $ r 0.07 $ 2,123
Operations Facilities&Vehicles . $ 552 $ 292 $ 215 $ 437 $ 0.24 $ 7,437
Transportation -Seaton' $ - $ - $ - $ - $ - $ -
-Rest of Pickering $ 5,072 $ 2,682 $ 1,968 $ 4,023 $ 2.50 $ -
Stormwater Management $ 387 $ 204 $ 150 $ 307 $ 0.17 $ 5,453
Total -Seaton' $ 7,617 $ 4,027 $ 2,955 $ 6,040 $ 1.24 $ 38,701
-Rest of Pickering $ 12,689 $ 6,709 $ 4,923 $ 10,063 $ 3.74 N/A
1 Subject to a separate agreement outside of the Development Charges Act concerning the provision of Transportation requirements in
addition to other funding contributions.
2 Does not apply to prestige employment development in Seaton,as that development is subject to the per net Ha land area charge instead.
key c•.2013 iP.cke'rc iJC Mdael2013.-�
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Watson&Associates Economists Ltd. ' 1-LtPickering12013 DC StudylPickering dc study.docx
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