HomeMy WebLinkAboutBy-law 3854/91T~HE CORPORATION OF THE TOWN OF PICKERING
BY-LAW 3854/91
Being a by-law to provide for the payment of
Development Charges.
WHEREAS, pursuant to the provisions of subsection 3(1) of the Development Charges Act, 1989, S.O.
1989, chapter 58, the council of a municipality may pass by-laws for the imposition of developmem
charges against land if the development of the land would increase the need for services; and
WHEREAS the Council of The Corporation of the Town of Pickering, approved,
(a)
The Town of Pickering Development Charges Policy Report, dated September 6, 1991,
prepared by C. N. Watson and Associates Ltd,, Economists, and
(b)
The Pickering Hydro-Electric Commission Report on Development Charges, dated June
20, 1991, prepared by J. Wiersma;
in adopting Items 5 and 6 of the Executive Committee Report of the Committee's Meeting of
September 23, 1991, at the Council Meeting of October 7, 1991; and
WHEREAS the Council of The Corporation of the Town of Picketing has given Notice in accordance
with section 4 of the Act of its intemion to pass a by-law under section 3 thereof and has heard all
persons who applied to be heard whether in objection thereto or in support thereof;
NOW THEREFORE the Council of The Corporation of the Town of Pickering hereby ENACTS AS
FOLLOWS:
PART I
APPLICATION
I.
(2)
Subject to subsection (2), this by4aw applies to all lands in the Town of Pickering,
whether or not the land or use is exempt from taxation under section 13 of the
Assessment Act.
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 in subsection 29(1) of the Development
Charges Act, 1989,
(b) the Town, or any local board thereof,
(c) The Regional Municipality of Durham, or any local board thereof, or
(d) the Town of Ajax, the Township of Uxbridge or the Town of Whitby, or any
local board of any of them.
(1)
Subject to subsection (2), developmem 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,
(a) the development of the land will increase the need for services, and
(2)
(b) the development requires,
(i) the passing of a zoning by-law or of an amendment thereto under
section 34 of the Planning Act, 1983;
(ii) the approval of a minor variance under section 44 of the Planning Act,
1983;
(iii) a conveyance of land to which a by-law passed under subsection 49(7)
of the Planning Act, 1983 applies;
(iv) the approval of a plan of subdivision under section 50 of the Planning
Act, 1983;
(v) a consent under section 52 of the Planning Act, 1983;
(vi) the approval of a description under section 50 of the Condominium Act;
or
(vii) the issuing of a permit under the BuiMing Code Act in relation to a
building or structure.
Subsection (1) shall not apply in respect of,
(a) local services installed at the expense of the owner within a plan of subdivision
as a condition of approval under section 50 of the Planning Act, 1983;
(b) local services installed at the expense of the owner as a condition of approval
under section 52 of the Planning Act, 1983; or
(c) local connections to watermains, sanitary sewers and storm drainage facilities
installed at the expense of the owner includ'mg amounts imposed under a by-law
passed under section 219 of the Municipal Act.
(1)
(2)
Where two or more of the actions described in clause 2(1)(b) axe 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.
Notwithstand'mg subsection (1), ff two or more of the actions described in clause 2(1)(b)
occur at different times, and if the subsequent action has the effect of increasing the need
for services as designated in sections 5 and 9, 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 part,
(a)
"apartment" means a building or part of a building containing one or more dwelling units,
none of which is a single detached dwelling, a single attached dwelling or a
semi-detached dwelling;
(b)
"bedroom" means any room that allows for the use of one or more persons, including but
not limited to, a den and family room, but does not include a room clearly designed as a
kitchen, living room, dining room or bathroom;
(c) "development charge" means residential development charge;
(d)
"grade" means the average level of finished ground adjoining a dwelling at all exterior
walls;
(e)
"gross floor area" means the total area of all floors above grade of a dwelling unit
measured between the outside surfaces of exterior walls or between the outside surfaces
of exterior walls and the centre line of party walls dividing the dwelling unit from
another dwelling unit or other portion of a building;
(f)
(g)
(h)
"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 freestanding, separate
and detached from any other building or structure.
Development charges against land to be developed for residential use shall be based upon the
following designated services provided by the Town:
(a) administration and equipment and services related thereto, and capital growth studies;
(b) fire stations and equipment and services related thereto;
(c) storm drainage works and equipment and services related thereto;
(d) transportation, including roads, sidewalks, works yards, transit and equipment and
services related thereto;
(e) parkland acquisition and development and equipment and services related thereto,
excluding the land required therefor by way of parkland dedication pursuant to sections
41, 50 and 52 of the Planning Act, 1983;
(f) major indoor recreational facilities and equipment and services related thereto;
(g) libraries and cultural facilities and equipment and services related thereto, including
circulating and non-circulating materials generally provided to library users by public
libraries; and
(h) electrical distribution systems and buildings and equipment and services related thereto.
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:
Single detached dwelling, or
Semi-detached dwelling
Apartment dwelling, two or more bedrooms
Apartment dwelling, less than two bedrooms
Other dwelling (including single attached dwelling)
$4,582.00
$3,660.00
$2,393.00
$4,236.00
(1)
(2)
(3)
Subject to subsections (2) and (3), section 6 shall not apply in respect of 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.
Notwithstanding clause (1)(a), 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.
Notwithstanding clause (1)(b), 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 existing dwelling unit, and
(b) in the case of any other residential building, the gross floor area of the smallest
dwelling unit contained in the residential building.
PART III
NON-RESIDENTIAL DEVELOPMENT CHARGES
In this part,
(a) "development charge" means non-residential development charge;
(b) "grade" means the average level of finished ground adjoining a building at all exterior
walls;
(c) "gross floor area" means the total area of all floors above and below grade within the
exterior perimeter of a building, but does not include an ama used for parking or loading
or for access and manoeuvring;
(d) "non-residential" means designed, adapted or used for any purpose other than a dwelling
or dwellings.
Development charges against land to be developed for non-residential use shall be based upon the
following designated services provided by the Town:
(a) administration and equipment and services related thereto, and capital growth studies;
(b) fnce stations and equipment and services related thereto;
(c) storm drainage works and equipment and services related thereto;
(d) transportation, including roads, sidewalks, works yards, transit and equipment and
services related thereto;
(e) parkland acquisition and development and equipment and services related thereto,
excluding the land requJxed therefor by way of parkland dedication pursuant to sections
41, 50 and 52 of the Planning Act, 1983;
(f) major indoor recreational facilities and equipment and services related thereto;
(g) libraries and cultural facilities and equipment and services related thereto, including
circulating and non-circulating materials generally provided to library users by public
libraries; and
(h) electrical distribution systems and buildings, and equipment and services related thereto.
10.
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 as follows:
(a)
from October 8, 1991 to October 7, 1992, both inclusive, no charges shall be calculated,
paid or collected;
(b)
from October 8, 1992 to October 7, 1993, both inclusive, at the rate of $9.37 per square
metre of gross floor area of the non-residential use; and
(c)
on and after October 8, 1993, at the rate of $18.73 per square metre of gross floor area of
the non-residential use.
PART IV
11.
Development charges against land to be developed for both non-residential and residential uses
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 Pan II of this byqaw;
(b)
development charges against that pol'tion 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.
12.
(1)
(2)
(3)
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.
No building permit shall be issued by the Town 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 Town.
Where an owner has paid to the Town, prior to the enactment of this by-law, in relation
to a building or structure on land to which a development charge applies,
a unit levy pursuant m an obligation to do so in a Subdivision Agreement,
Condominium Agreement, Development Agreement or other agreement with the
Town,
(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.
13. (1)
(2)
Monies received from payment of development charges shall be maintained in a separate
reserve fund or funds, and shall be used only to meet growth-related net capital costs for
which the development charge was levied under this by-law.
Income received from investment of the development charge reserve fund or funds shall
be credited to the development charge reserve fund or funds in relation to which the
investment income applies.
14.
The development charges referred to in sections 6 and 10 shall be adjusted annually, without
amendment to this by-law, as of October 8th each year, in accordance with the Engineering News
Record Cost Index (Toronto).
15.
This by-law shall be administered by the Treasury .Department and the Department of Public
Works, Building Division.
16. This by-law shall come into force and effect on October 8, 1991.
BY-LAW read a first, second and third time and finally passed this 7th day of October, 1991.
TOWN OF
PICKERING
,PPROVED
AS TO FO M
LEBAL SERVICES
W~yne Arth~s, Maybr ~