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HomeMy WebLinkAboutBy-law 8192/25 - CBC By-lawThe Corporation of the City of Pickering By-law No. 8192/25 Being a by-law to Provide for the Payment of Community Benefits Charges for the City of Pickering Pursuant to Section 37 of the Planning Act. Whereas The City of Pickering (the “City”) will experience growth through development and re-development; And whereas Council desires to impose Community Benefits Charges against land to pay for the capital costs of facilities, services and matters required because of development or redevelopment in the area to which the by-law applies; And whereas the Planning Act, 1990 (the “Act”) provides that the council of a municipality may by by-law impose Community Benefits Charges against higher density residential development or redevelopment; And whereas a Community Benefits Charge strategy report, dated April 23, 2025, has been completed which identifies the facilities, services and matters that will be funded with Community Benefits Charges and complies with the prescribed requirements; And whereas the City has consulted with the public and such persons and public bodies as the City considers appropriate; The Council of the City enacts as follows: 1.Interpretation 1.1 In this By-law, the following items shall have the corresponding meanings: “Act” means the Planning Act, R.S.O. 1990, Chapter P.13; “Apartment” means a dwelling unit in an apartment building; “Affordable Residential Unit” means a residential unit that meets the criteria set out in subsection 4.1 of the Development Charges Act, 1997 (“Development Charges Act”); "Apartment Building" means a residential building or the residential portion of a mixed-use building consisting of four (4) or more dwelling units, which dwelling units have a common entrance to grade, but does not include a triplex, duplex, or townhouse. Notwithstanding the forgoing an Apartment Building includes a Stacked Townhouse; “Appraisal” means an appraisal of land value prepared in accordance with the Canadian Uniform Standards of Professional Appraisal Practice of the Appraisal Institute of Canada; By-law No. 8192/25 Page 2 “Attainable Unit” means a residential unit that that meets the criteria set out in subsection 4.1 of the Development Charges Act, 1997; “Bedroom” means any room used, or designed or intended for use, as sleeping quarters “Building” means any structure or building as defined in the Ontario Building Code (O Reg 332/12 under the Building Code Act, but does not include a vehicle; “Building Code Act” means the Building Code Act, 1992, SO 1992, c 23 as amended; “Capital Costs” means growth-related costs incurred or proposed to be incurred by the City or a Local Board thereof directly or by others on behalf of, and as authorized by, the City or Local Board, (a)to acquire land or an interest in land, including a leasehold interest, (b)to improve land, (c)to acquire, lease, construct or improve buildings and structures, (d)to acquire, construct or improve facilities including, (i)furniture and equipment, and; (ii)rolling stock; (e)to undertake studies in connection with any of the matters referred to in clauses (a) to (d) above, including the Community Benefits Charge strategy, required for the provision of Services designated in this By-law within or outside the City, including interest on borrowing for those expenditures under clauses (a) to (e) above; “City” means The City of Pickering or the geographic area of the municipality, as the context requires; “Community Benefits Charge” means a charge imposed pursuant to this By-law; “Council” means the Council of the City of Pickering; “Development” means the construction, erection, or placing of one or more Buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of increasing the size or usability thereof or any development requiring any of the actions described in subsection 2.4 (a), and includes Redevelopment; "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; By-law No. 8192/25 Page 3 “Grade” means the average level of proposed or finished ground adjoining a building at all exterior walls; “Land” (or “Lot”) means, for the purposes of this By-law, the lesser of the area defined as: (a)The whole of a parcel of property associated with the Development or Redevelopment and any abutting properties in which a person holds the fee or equity of redemption in, power or right to grant, assign or exercise a power of appointment in respect of, or; (b)The whole of a lot or a block on a registered plan of subdivision or a unit within a vacant land condominium that is associated with the Development or Redevelopment; But not including any hazard lands, natural heritage features, or ecological buffers identified in the City’s Official Plan, an approved Secondary Plan, or through an environmental impact study accepted by the City. “Owner” means the owner of Land or a person who has made application for an approval for the Development of land for which a Community Benefits Charge may be imposed; “Parcel” means a lot or parcel of land which can be legally conveyed pursuant to the Planning Act; “Prescribed” means prescribed in the regulations made under the Act; “Redevelopment” means the construction, erection or placing of one or more Buildings on Land where all or part of a Building on such Land has previously been demolished, or changing the use of a Building from a Non -Residential Use to a Residential Use, or changing a Building from one form of Residential Use to another form of Residential Use and including any development or redevelopment requiring any of the actions described in subsection 2.4 (a); “Residential 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; “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; “Service” means a service designated in subsection 1.3, and “Services” shall have a corresponding meaning; By-law No. 8192/25 Page 4 “Stacked Townhouse” means a building, other than a duplex, triplex, townhouse, or apartment building, containing at least 3 dwelling units, each dwelling unit separated vertically and/or horizontally and each dwelling unit having a separate entrance to grade; “Storey” means the portion of a building, excluding roof top enclosure space used for no other purpose than roof top access, and/or elevators and other building service equipment, that is: (a)that is situated between the top of any floor and the top of the floor next above it, or (b)that is situated between the top of the floor and the ceiling above the floor, if there is no floor above it. “Valuation date” means, with respect to land that is the subject of development or redevelopment, (a)the day before the day the building permit is issued in respect of the development or redevelopment, or (b)if more than one building permit is required for the development or redevelopment, the day before the day the first permit is issued. “Zoning By-Law” means any by-laws enacted by the City under section 34 of the Planning Act. 1.2 The reference to any applicable statute, regulation, by-law, or to the Official Plan in this Community Benefits Charge By-law shall be deemed to refer to the statute, regulation, by-law, and/or Official Plan as they may be amended from time to time and shall be applied as they read on the date on which Community Benefits Charges are due to the City. Designation of Services 1.3 A Community Benefits Charge may be imposed in respect of the following: (a)Land for park or other public recreational purposes in excess of lands dedicated or cash-in-lieu payments made under section 42 or subsection 51.1 of the Planning Act. (b)Services not provided under subsection 2 (4) of the Development Charges Act. (c)As per the April 23, 2025, Community Benefits Charges Strategy, the City intends to recover Capital Costs relating to the following services through this by-law: (i)Parks Services; (ii)Arts, Culture, and Museum; By-law No. 8192/25 Page 5 (iii)Animal Services; and (iv)Administration. 2.Payment of Community Benefits 2.1 Community Benefits Charges shall be payable by the Owner of Land proposed for Development in the amounts set out in this By-law where: (a)the Land proposed for Development is located in the area described in subsection 3.2; and (b)the proposed Development requires any of the approvals set out in subsection 2.4 (a). Area to Which By-law Applies 2.2 Subject to subsection 2.3, this By-law applies to all lands in the City. 2.3 This By-law shall not apply to lands that are owned by and used for the purposes of: (a)The City or a Local Board thereof; (b)a Board of Education; or (c)The Region of Durham, or a Local Board thereof. Approvals for Development 2.4 A Community Benefits Charge shall be imposed only with respect to Development that requires one or more of the following approvals: (i)the passing of a Zoning By-Law or of an amendment to a Zoning By-Law under section 34 of the Planning Act; (ii)the approval of a minor variance under section 45 of the Planning Act; (iii)a conveyance of land to which a by-law passed under subsection 50 (7) of the Planning Act applies; (iv)the approval of a plan of subdivision under section 51 of the Planning Act; (v)a consent under section 53 of the Planning Act; (vi)the approval of a description under section 9 of the Condominium Act, 1998, SO 1998, c 19, as amended, or any successor thereof; or (vii)the issuing of a permit under the Building Code Act, 1992 in relation to a building or structure. (b)Despite subsection 2.4 (a) above, a Community Benefits Charge shall not be imposed with respect to: By-law No. 8192/25 Page 6 (i)Development of a proposed building or structure with fewer than five storeys at or above ground; (ii)Development of a proposed building or structure with fewer than 10 residential units; (iii)Redevelopment of an existing building or structure that will have fewer than five storeys at or above ground after the redevelopment; (iv)Redevelopment that proposes to add fewer than 10 residential units to an existing building or structure; or (v)such types of Development or Redevelopment as are prescribed. (c)For the purposes of this section, the first Storey at or above ground is the Storey that has its floor closest to Grade and its ceiling more than 1.8m above Grade. Exemptions 2.5 Notwithstanding the provisions of this By-law, Community Benefits Charges shall not be imposed with respect to: (a)Development or Redevelopment of a building or structure intended for use as a long-term care home within the meaning of subsection 2 (1) of the Fixing Long- Term Care Act, 2021; (b)Development or Redevelopment of a building or structure intended for use as a retirement home within the meaning of subsection 2 (1) of the Retirement Homes Act, 2010; (c)Development or Redevelopment of a building or structure intended for use by any of the following post-secondary institutions for the objects of the institution: (i)a university in Ontario that receives direct, regular and ongoing operating funding from the Government of Ontario; (ii)a college or university federated or affiliated with a university described in subparagraph (i); (iii)an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institutes Act, 2017. (d)Development or Redevelopment of a building or structure intended for use as a memorial home, clubhouse or athletic grounds by an Ontario branch of the Royal Canadian Legion; (e)Development or Redevelopment of a building or structure intended for use as a hospice to provide end-of-life care; (f)Non-profit housing development within the meaning of subsection 4.2 (1) of the Development Charges Act. Non-profit housing development means the By-law No. 8192/25 Page 7 development of a building or structure intended for use as a residential premises and developed by: (i)a corporation to which the Not-for-Profit Corporations Act, 2010 applies, that is in good standing under that Act and whose primary object is to provide housing; (ii)a corporation without share capital to which the Canada Not-for-profit Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing; (iii)a non-profit housing co-operative that is in good standing under the Co-operative Corporations Act. (g)Affordable residential units; (h)Inclusionary zoning residential units that are affordable residential units required to be included in a Development or Redevelopment pursuant to a by- law passed under section 34 of the Planning Act; and (i)Attainable residential units. Amount of Charge 2.6 The amount of a Community Benefits Charge payable in any particular case shall be determined as follows: (a)Where there is Development or Redevelopment which requires one or more of the approvals set out in subsection 2.4 (a), on Land to which this By-law applies, the Community Benefits Charges payable pursuant to this By-law shall be four (4)percent of the value of Land being developed as the Valuation Date, subject to adjustment as set out in subsection 2.6 (b) below; (b)The amount of a Community Benefits Charge payable shall not exceed an amount equal to the amount determined in subsection 2.6 (a) above, multiplied by the ratio of A to B where: “A” is the floor area of any part of a building or structure, which part is proposed to be erected or located as part of the Development or Redevelopment, and “B” is the floor area of all buildings and structures that will be on the Land after the Development or Redevelopment. (c)After section 37 (32.1) of the Planning Act and any related regulations, or By-law passed by the City come into force, for Development or Redevelopment which include Affordable Residential Units, Attainable Residential Units, or Inclusionary Zoning Residential Units the amount of a Community Benefits Charge payable shall be further adjusted so that it shall not exceed the amount as determined under section 2.6 (b) above multiplied by the ratio of A to B where: By-law No. 8192/25 Page 8 “A” is the floor area of all buildings that are part of the Development or Redevelopment minus the floor area of all Affordable Residential Units, Attainable Residential Units, and Inclusionary Zoning Residential Units; and “B” is the floor area of all buildings that are part of the Development or Redevelopment. (d)If a development or redevelopment is to be constructed in phases each Phase of the development is deemed to be a separate development or redevelopment for the purposes of this Article and the amount of the community benefit charge for each Phase will be 4 percent of the value of the land attributable to that Phase on the day before the first building permit for development or redevelopment of that Phase is issued. The applicant shall provide a clear phasing plan that identifies the land attributed to each Phase. In-Kind Contributions 2.7 The City may, at its discretion, allow an Owner of Land to provide to the City facilities, services or matters required because of Development or Redevelopment in the area to which the By-law applies in lieu, or partially in lieu of a Community Benefits Charge that would otherwise be payable. 2.8 For in-kind contributions pursuant to the preceding subsection to be considered, an application for consideration of in-kind contributions must be submitted to the City with supporting documentation as to the suggested value thereof no less than 180 days prior to the first building permit being granted for the proposed Development or Redevelopment. 2.9 In-kind contributions pursuant to subsection 2.7 shall only be accepted as if the same are approved by resolution of Council. The determination of Council as to whether in-kind contributions shall be accepted in full or partial satisfaction of Community Benefits Charges shall be final and binding. 2.10 The value attributed to an in-kind contribution under subsection 2.7 shall be as determined by Council, based on one or more third -party valuations to the satisfaction of Council. Council’s determination of the value to be attributed to any in-kind contribution shall be final and binding. Time of Payment of Community Benefits Charges 2.11 Community Benefits Charges imposed under this By-law shall be payable prior to the issuance of any building permit for the proposed Development or Redevelopment unless an agreement is executed in accordance with section 2.10 that establishes an alternative timeline. 2.12 Notwithstanding any of the foregoing, the City and the Owner may enter into an agreement to defer payment of the Community Benefits Charge to a date stipulated in the agreement. By-law No. 8192/25 Page 9 Interest on Refunds 2.13 If it is determined that a refund is required, the City shall pay interest on a refund in accordance with subsections 37 (28) and 37 (29) of the Act at a rate not less than the prescribed minimum interest rate, from the day the amount was paid to the municipality to the day it is refunded. 3.Severability 3.1 If, for any reason, any provision of this By-law is held to be invalid, it is hereby declared to be the intention of Council that all the remainder of this By -law shall continue in full force and effect until repealed, re-enacted, amended or modified. 4.Reserve Funds 4.1 Monies collected from payment of Community Benefits Charge shall be maintained in a separate reserve fund, plus interest. 4.2 The City shall report the balance of any accounts in accordance with any legislative requirements. 5.Date By-law in Force 5.1 This By-law shall come into effect at 12:01 A.M. on July 1, 2025. By-law passed this 23rd day of June, 2025. Original Signed By________________________________ Kevin Ashe, Mayor __Original Signed By______________________________ Susan Cassel, City Clerk