HomeMy WebLinkAboutBy-law 6349/04THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6349/04
Being a By-law regarding Development
Charges
WHEREAS, pursuant to the provisions of Section 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 June 4, 2004,
as amended, prepared by C.N. Watson & Associates Ltd., Economists;
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
Development Charges Act, 1997 of its development charges proposal and a
public meeting was held on June 21,2004;
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 proposal
at such public meeting, and provided a subsequent period for written
communications to be made;
AND WHEREAS the Council in adopting the Development Charge Background
Study on July 26, 2004 directed that development charges be imposed on land
under development or redevelopment within the geographiical limits of the
municipality as hereinafter provided.
NOW THEREFORE the Council of The Corporation of the City of Pickering
hereby ENACTS AS FOLLOWS:
PART 1
APPLICATION
1. (1)
Subject to subsection (2), this By-law applies to all lands except for
Provincially owned lands commonly referred to as "Seaton lands" in
the City of Pickering, as shown on the map attached to this By-law
as Appendix "A" 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 Ac~,
(b) any municipality or local board thereof;
(c)
the development of a non-residential farm building used for
bona 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;
(3)
(1)
(2)
(3)
(e)
development where, by comparison with the land at any time
within ten years previous to the imposition of the charge:
(i) no additional dwelling units are being created;
(ii) no additional non-residential gross floor area is being
added.
(f) nursing homes and hospitals.
An owner who has obtained a demolition permit and demolished
existing dwelling units or non-residential area 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.
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 ACC,,
(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 Ac~, or
(g) the issuing of a permit under the Building Code Act, in
relation to a building or structure.
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.
Subsection (1) shall not apply with respect to only bona fide and
complete permit applications received prior to the effective dates of
the development charge rates as specified in Sections 6 and 11.
(1)
(2)
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.
Notwithstanding subsection (1) above, 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
In this
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(J)
(k)
part,
"apartment building" means a residential building, or the residential
portion of a mixed-use building, other than a triplex, semi-detached
duplex, semi-detached triplex, townhouse or stacked townhouse,
consisting of more than 3 dwelling units, which dwelling units have
a common entrance to grade;
"apartment" means a dwelling unit in an apartment building;
"bedroom" means any room used, or designed or intended for use,
as sleeping quarters;
"development charge" means residential development charge;
"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;
"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;
"grade" means the average level of finished ground adjoining a
dwelling at all exterior walls;
"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.
"semi-detached dwelling" means one of a pair of dwelling units
attached together horizontally above or below grade or both above
and below grade;
"single-attached dwelling" means one of a group of not less than
three adjacent dwelling units attached together horizontally by
above grade common walls;
"single-detached dwelling" means a single dwelling unit which is
free-standing, separate and detached from any other building or
structure.
"nursing home" means a building owned and operated on a non-
profit basis but excluding any building or part of st building which is
comprised of dwelling units.
(m)
"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;.
Development charges against land to be developed for residential use
shall be based upon the following designated services provided by the
City:
(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, operations and equipment, including roads,
sidewalks, streetlights, traffic signals and services related thereto;
(e) transit and equipment and services related thereto;
(f)
parkland development and trail development and equipment and
services related thereto;
(g)
major indoor recreational facilities and equipment and services
related thereto; and
(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.
Subject to the provisions of this Part and this By-law, development
charges against land to be developed for residential use shall be
calculated, paid and collected at the following rates,, with phasing in
podions of this schedule of residential per unit charge as follows:
TABLE I(A)
EFFECTIVE SEPTEMBER 1, 2004
TYPE OF DWELLING UNIT CITY WIDE CHARGE PER UNIT
Single-detached dwelling, or semi-detached
$7,813
dwelling
Apartment dwelling, two or more bedrooms $4,391
Apartment dwelling, less than two bedrooms
(inclusive of senior citizen apartment units) $3,036
All other dwelling units $6,372
TABLE l(a)
EFFECTIVE JANUARY 1, 2005
TYPE OF DWELLING UNIT CITY WIDE CHARGE PER UNIT
Single-detached dwelling, or semi-detached
$8,150
dwelling
Apartment dwelling, two or more bedrooms $4,630
Apartment dwelling, less than two bedrooms
(inclusive of senior citizen apartment units) $3,036
All other dwelling units $6,619
o
(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; or
(b)
an additional dwelling unit in any other existing residential
building;
(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,
(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;
(b)
in the case of any other residential building, the gross floor
area of the smallest dwelling unit contained in the residential
building.
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.
PART III
NON-RESIDENTIAL DEVELOPMENT CHARGES
In this
(a)
(b)
(c)
part,
"development charge" means non-residential development charge;
"grade" means the average level of finished ground adjoining a
building at all exterior walls;
"existing industrial building"
connection with:
(i)
(ii)
means a buildin9 used for or in
manufacturing, producing, processing, stodng or distributing
something,
research or development in connection with manufacturing,
producing or processing something,
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,
10.
(iv) office or administrative purposes, if they arE;:
(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.
(d)
"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.
(e)
"non-residential" means designed, adapted or used for any purpose
other than a dwelling or dwellings, or accessory uses or spaces to a
dwelling or dwellings.
(f)
"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.
Development charges against land to be developed for non-residential use
shall be based upon the following designated service.,; provided by the
City:
(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, operations and equipment, including roads,
sidewalks, streetlights, traffic signals and services related thereto;
(e) transit and equipment and services related thereto;
(f)
parkland development and trail development and equipment and
services related thereto;
(g)
major indoor recreational facilities and equipment and services
related thereto; and
(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.
11.
12.
13.
(1)
Subject to the provisions of this Part and this By-law, development
charges against land to be developed for non-residential use shall
be calculated, paid and collected at the following rate, with phasing
in portion of the rate as follows:
$18.41 per square metre ($1.71 per sq. ft.) of total floor area,
effective Sept. 1,2004
$23.79 per square metre ($2.21 per sq. ft.) of total floor area,
effective January 1,2005;
(2)
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 1 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.
Where residential floor space is to be converted to non-residential space,
no development charge shall be paid.
PART IV
ADMINISTRATION
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 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 on a gross floor area of non-residential use basis in
accordance with Part III 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.
15.
16.
17.
18.
(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.
(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; 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.
(1)
Monies received from payment of development charges shall be
maintained in separate reserve funds, and shall be used only to
meet the capital costs for which the development charge was levied
under this By-law.
(2)
Council directs the Municipal Treasurer to divide the reserve funds
created hereunder into the separate sub-accounts in accordance
with the services set out in Sections 5 and 10, to which the
development charge payments shall be credited in accordance with
the amounts shown, plus interest earned thereon.
(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.
The development charges referred to in Sections 6 and 11 may be
adjusted annually, without amendment to this By-law, as of July 1 each
year, 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.
Development Charges for the City of Pickering are payable by cash or
certified cheque at the rates in effect at the time of payment upon issuance
of the building permit(s) or as otherwise may be approved by Council.
Council may consider allowing a person to perform work that relates to a
service to which the Development Charge 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.
This By-law shall come into force and effect at 12:01 am on September 1,
2004 for a term not to exceed five years from the date of its enactment,
unless it is repealed at an earlier date.
21.
By-law No. 5546/99 (as amended) shall be repealed as of the date this By-
law comes into force.
BY-LAW read a first, second and third time and finally passed this 26th day of
July, 2004.
~..,..Mayor
Appendix
_.
~~ j a~ I L
City of ~ickorin~ ~lannin~ & Dovolopmont D~pa~mont
DEVELOPMENT CHARGES BY,~W NO.
6349/04 APPLIES TO ALL ~NDS WITHIN
THE BOUNDARY OF THE CI~ OF ~
PICKERING EXCLUSIVE OF THE SEATON
~NDS ~ DATE JULY20, 200~