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HomeMy WebLinkAboutBy-law 7802/20 - Development ChargesThe Corporation of the City of Pickering By-law No. 7802/20 Being a by-law regarding Development Charges to amend By-law 7595/17, as amended by By-law 7727/19 to make certain revisions to the City's development charges involving capital cost estimates and policies. Whereas Section .19 of the Development Charges Act, 1997, S.O. 1997, c27 ("the Act") provides for amendments to be made to development charges by-laws; · Whereas the Council of the Corporation of the City of Pickering (hereinafter called "the Council") has determined that certain amendments should be made to the Development Charge By-law of the Corporation of the City of Pickering, being By-law 7595/17, as amended by By-law 7727/19; Whereas in .accordance with the Act, a development charges background study has been completed in respect of the proposed amendment; Whereas the Council of the Corporation of the City of Pickering has given notice and held a public meeting in accordance with the Act; and Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. By-law 7595/17, as amended by By-law 7727/19 .is hereby amended as follows: a. The following sections are c;1dded to the by-law 2. (3) Notwithstanding subsection 2. (1), development charges for rental housing and institutional developments are due and payable in 6 installments commencing with the first installment payable on the date of occupancy, and each subsequent installment, including interest, payable on the anniversary date each year thereafte~. 2. (4) Notwithstanding subsections 2. (1 ), development charges for non-profit housing developments are due and payable in 21 installments commencing with the first .installment payable on the date of occupancy, and each subsequent installment, including interest; payable on the anniversary date each year thereafter. 2. (5) Notwithstanding subsections 2. (1) to 2. (4), where the development of land results from the approval of a Site Plan or Zoning By-law Amendment received on or after January 1, 2020, and the approval of the application occurred within 2 years of building permit issuance, the Development Charges under Section 2 shall be calculated based on the rates set out in Schedule "C" on the date of the planning application, including interest. Where both planning applications apply, Development Charges under Section 2 shall be calculated on the rates, including interest, set out in Schedule "C" on the date of the later planning application. By-law No. 7802/20 Page 2 ·2. (6) Interest for the purposes of subsections 2. (3) to 2. (4) shall be determined as set out in the City of Pickering Report# FIN 09-20, as amended from time to time. 2. (7) .For the purposes of subsection 2. (3) "institutional development" means development of a building or structure intended for use: (a) as a long-term care home within the meaning of subsection 2 (1) of the Long Term Care Homes Act, 2007; (b) as a retirement home within the meaning of subsection 2 (1) of the Retirement Homes Act, 2010; (c) by any institution of the following post-secondary institutions for the objects of the institution: i. a university in Ontario that receives direct, regular and .ongoing operation funding from the Government of Ontario; ii. a college or university federated or affiliated with a university described in subclause (i); or . iii. an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institute Act, 2017; (d) as a memorial home, clubhouse or athletic grounds by an Ontario branch of the Royal Canadian Legion; or (e) as a hospice to provide end oflife care; 2. (8) For the purposes of subsection 2. (3) "Rental housing" means development of a building or structure with four or more dwelling units all of which are intended for use as rented residential premises; .2. (9) For the purposes of subsection 2. (4) "Non-profit housing developmenf' means development of a building or structure intended for use as residential premises by: · (a) a corporation without share capital to which the Corporations Act applies, that is in good standing under that Act and whose primary objective is to provide housing; (b) a corporation without share capital to which the Canada Not-for-profit Corporation Act applies, that is in good standing under that Act and whose primary objective is to provide housing; or (c) a non'-profit housil)g co-operative that is in good standing under the Co­ operative Corporations Act; 7. (5) Section 6 shall not apply in respect of the creation of a second dwelling unit in prescribed classes of proposed new residential buildings, including structures ancillary to dwellings, subject to the following restrictions: 2 3 Page 3By-law No. 7802/20 Proposed new detached dwellings Proposed new semi­ detached dwellings or row dwellings Proposed new residential buildings that would not be attached to other buildings and that are permitted to contain a second dwelling unit, that being either of the two dwelling units, if the units ha1.e the same gross floor area, or the smaJler of the dwelling units. Proposed new residential buildings that would ha1.e one or two 1.ertical walls, but no other parts, attached to other buildings and that are permitted to contain a second dwelling unit, that being either of the two dwelling units, if the units ha1.e the same gross floor area, or the smaller of the dwelling units. The proposed new detached dwelling must only contain two dwelling units. The proposed new detached dwelling must be located.on a parcel of land on which no other detach~d dwelling, semi­ detached dwelling or row dwellin would be located. The proposed new semi-detached dwelling or row dwelling must only contain two dwelling units. The proposed new semi-detached dwelling or row dwelling must be located on a parcel of land on which no other detached dwelling, semi-detached dwelling or row dwelling would be located. Proposed new residential buildings that would be Proposed new residential buildings that would be ancillary to a,proposed ne\lJ ancillary to a proposed new detached dwelling, detached dwelling, semi-semi-detached dwelling or row dwelling and that detached dwelling or row are permitted to contain a single dwelling unit. dwelling The proposed new detached dwelling, semi~detached dwelling or.row dwelling, to which the proposed new residential building would l:le ancillary, must cin!y contain one dwelling unit. The gross floor area of the dwelling unit in the proposed new residential building must be equal to or less than the gross floor area of the detached dwelling, semi-detached dwelling or row dwelling to which the proposed new residential building is ancillary. b. Section 7.(1) is deleted and replaced with the following: 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 an existing single-detached dwelling, or ancillary structure thereto; (b) an additional dwelling unit in any other existing residential building, or ancillary structure thereto; or (c) garden suites c. Schedule "A" is deleted.and the attached Schedule "A" substitutes therefor d: Schedule "C" is deleted and the attached Schedule "C" substitutes therefor 2. This by-law shall come into force on December 15, 2020. By-law passed this 14 th day of December, 2020 sysan Cassel, City Clerk Schedule "A" Designated Municipal Services Under this By-law (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) A class of service pertaining to Growth-Related Studies, including development-related capital studies and services related thereto; . (g) Stormwater Management, including storm drainage and management works, equipment and services related thereto. Schedule "C" City of Pickering Schedule of Development Charges Effective January 1, 2018 Municipal Wide Services/Classes: Other Services Related to a Highway 441 279 197 356 0.15 5,451 Protection Services 896 566 401 724 0.34 11,522 Parks and Recreation Services 6,821 4,309 3,053 5,507 0.53 17,885 Library Services. 1,127 712 505 910 0.08 2,693 Growth-Related Studies 299 189 134 242 0.11 3,846 Stormwater Management 288 182 129 233 0.10 3,503 Total Municipal Wide Services/Classes: 9,872 6,237 4,419 7,972 1.31 44,900 Outside of Seaton Lands Transe_ortation 1 I 9,292 I 5,870 I· 4,159 I 7,502 I 2.61 Total Services Outside of Seaton Lands I 9,292 -'~~. --" 5,87_0_j___~~4,c159 I · 7,502 I 2.61 Rest of Pickering 1 __ 19,_1§:I-I 1~107 I__ 8,578 I 15,474 I 3.92 1. Subject to a separate agreement outside of the Development Charges Act concerning the provision ofTransportation 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.