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HomeMy WebLinkAboutPLN 47-22Report to Council Report Number: PLN 47-22 Date: December 5, 2022 From: Kyle Bentley Director, City Development & CBO Subject: City Initiated Official Plan Amendment: Changes to development review procedures and fees in response to Bill 109, the More Homes For Everyone Act, 2022, and review of the City’s Planning Application Fees File: OPA 22-003/P Recommendations: 1. That Official Plan Amendment Application OPA 22-003/P, initiated by the City of Pickering, to amend existing policies and introduce new policies related to the review of Planning Act applications, as set out in Exhibit ‘A’ to Appendix I to Report PLN 47-22 be approved; 2.That the Draft By-law to adopt Amendment 46 to the Pickering Official Plan, to amend existing policies and introduce new policies to the Pickering Official Plan with regard to the review of Planning Act applications under Bill 109, the More Homes For Everyone Act, 2022, as set out in Appendix I to Report PLN 47-22, be enacted; 3.That the revised Draft Pre-consultation By-law, as set out in Appendix II to Report PLN 47-22, be enacted; 4.That, in response to legislated changes arising from the enactment of Bill 109, the More Homes For Everyone Act, 2022, and to improve cost recovery of the processing of development applications, an increase to the City Development Department – Planning Fees be approved, effective January 1, 2023; 5.That an amendment to Schedule “I” to By-law 6191/03, the General Municipal Fees and Charges By-law, as amended, by deleting the pages for City Development Department –Planning, and substituting the updated pages for City Development Department – Planning, as set out in Schedule “I” to the Draft By-law provided as Appendix III to Report PLN 47-22, be approved; and 6.That the revised Draft By-law to amend Schedule “I” to the General Municipal Fees and Charges By-law 6191/03, as set out in Appendix III to Report PLN 47-22, be enacted. Executive Summary: On April 14, 2022, Bill 109, the More Homes For Everyone Act, 2022, received Royal Assent. Among other matters, Bill 109 amended the Planning Act to require municipalities to refund Zoning By-law Amendment and Site Plan Approval application fees if no decision is made or no approval is issued within the legislative timelines. Zoning By-law Amendment Applications are required to have a decision made within 90 days (or 120 days if concurrent with an official plan amendment) and site plan approval is required within 60 days or refunds of application fees are mandated. These changes will come into effect on January 1, 2023 for new applications submitted after that date. PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 2 To meet the legislated review timelines and avoid having to pay refunds (that may put the corporation at financial risk), staff are proposing several changes to the development review process: • no longer permit development applications to be submitted concurrently; • introduce a new “pre-submission” review stage; • revise the “complete application” requirements for development applications; • make public engagement, during the “pre-submission” review stage, a requirement for submitting a complete application; • prepare a recommendation report for consideration by the Planning & Development Committee on the same day as the statutory public meeting; • to address minor issues that may arise during the formal Zoning By-law Amendment application stage, which cannot be resolved within the legislated timeframes, staff will recommend Council “refuse the application without prejudice”; and • permit reconsideration of Zoning By-law Amendment applications that are refused without prejudice in select circumstances. An amendment to the policies in the Pickering Official Plan is proposed to revise the City’s current pre-consultation requirements and introduce the new “pre-submission” review stage (see Appendices I and II to Report PLN 47-22). The proposed changes will require early collaboration between applicants, staff and other stakeholders (including the public) to review key concerns and issues of the proposal, before the submission of a formal application. The proposed amendment to the General Municipal Fees and Charges By-law reflects two different reviews of the fees. The first is a result of Bill 109. It will identify new charges for the “pre-submission” stage and shift when fees are paid to more accurately reflect where in the process the corresponding amount of work is completed. The second, unrelated to Bill 109, is an increase in fees to ensure that development application fees better reflect the amount of effort required from City staff (see Appendix III to Report PLN 47-22). The recommended changes to development review procedures and fees reflect a response to Bill 109, and an update of the City’s application fees. Recently announced draft changes to the Planning Act (Bill 23, the More Homes Built Faster Act, 2022) may require further modifications in the future. As required, staff may bring additional changes for Council’s consideration if/when this new legislation is enacted. Financial Implications: If no changes are made to the City’s development review process, as outlined in Section 2 of this report, the City is at risk of forfeiting most, or all, of the application fees collected for Zoning By-law Amendment and Site Plan Approval applications. The precise amount associated with these applications will vary each year, based on the number of applications received. Using a three-year range, the average amount of fees that could be at risk is approximately $1,000,000 per year. The addition of new charges for the “pre-submission” application stage, and proposed increase in development review fees, will bring many (but not all) of these fees to full cost recovery. This will provide the City with the ability to continue to perform the required function of development review and approval, while minimizing reliance on increased tax revenue to meet demand. PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 3 1. Background The Planning Act of Ontario is the provincial legislation that sets out the ground rules for land use planning in Ontario. Guided by the Planning Act, the City of Pickering receives, reviews, and approves development applications leading to the construction of new homes and businesses. On March 30, 2022, the Province introduced Bill 109, the More Homes for Everyone Act, 2022. Bill 109 amends various statutes, including the Planning Act, for items related to housing and development. City staff brought forward a report (PLN 22-22) to the April 25, 2022, Council meeting, summarizing Bill 109 and its potential implications for the City (see Attachment #1). During the consultation period, the Province gave Bill 109 Royal Assent on April 14, 2022. Among other matters, Bill 109 amended the Planning Act to require municipalities to refund Zoning By-law Amendment and Site Plan application fees, if a decision or approval is not made or issued respectively, within the legislative timelines. These changes come into effect on January 1, 2023. A summary of the fee refunds is provided in Figures 1, 2 and 3. Figure 1: Zoning By-law Amendment refund schedule Figure 2: Zoning By-law Amendment refund schedule if submitted with an Official Plan Amendment Figure 3: Site Plan refund schedule PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 4 Prior to the release of Bill 109, staff were in the midst of a review and update of the City’s development application fees. Watson & Associates Economists Ltd. was retained to assist staff in the review of these fees (see Planning Application Fee Review – Update Study, Watson & Associates, Attachment #2,). A discussion of the findings from Watson & Associates is summarized in Section 2.3.5 of this report. 2. Discussion 2.1 Challenges created by Bill 109 The Province has stated that the intent of the changes made by Bill 109 is to accelerate development approvals, leading to the faster construction of new homes. The goal of fast and efficient development approvals is shared by City staff. In practice, the development review process is designed to be an iterative and collaborative exchange between the City, developers, and stakeholders. The Planning Act requires municipalities to be transparent, and to actively engage the public in the review process. Unfortunately, the changes brought forward by Bill 109 do not take into account the following items in the development review process: 2.1.1 There is no ability to “stop-the-clock” when an application is circulated to commenting agencies for review There are a number of external agencies (Ministry of Transportation, Region of Durham, Conservation Authorities, etc.) and internal departments involved in the review of applications. The external agencies that assist with application review rarely provide their comments within the requested one-month period. Municipalities do not have the ability to “stop-the-clock” while awaiting comments from external agencies. This review may include an analysis of complex studies and reports such as comprehensive traffic impact assessments, functional servicing reports, noise studies, planning justification reports, heritage impact assessments, and geotechnical reports, to list a few. Delays in receiving comments from these agencies significantly affect approval timelines. These delays are beyond the control of the City. 2.1.2 There is no ability to “stop-the-clock” after comments have been provided to the Applicant, and the City is waiting for the proposal to be revised Once the review of an application has been completed, there are usually several modifications that need to be made by the Owner and/or Applicant in order for the application to align with City policies, guidelines, and regulations. While Applicants are often highly motivated to provide timely revisions, the City has no control over how long it takes before the revised submission is received from the Applicant. Depending on the complexity of the project, the key issues to be resolved, and the availability of consulting resources, it can take an applicant several months to resubmit application materials. It is also common for Applicants to provide more than one revision of their application before City staff are prepared to issue Site Plan Approval or recommend approval of a Zoning By-law Amendment to Council. PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 5 2.1.3 Statutory public engagement becomes perfunctory rather than collaborative For Zoning By-law Amendment applications, municipalities are required to include public consultation by holding a Statutory Public Meeting. Following the Statutory Public Meeting, the comments from the public are expected to inform staff’s review and Council’s decision. Effectively reviewing and addressing public comments can also contribute to applications exceeding the Planning Act timelines. The requirements imposed by Bill 109 will now require Council to expedite its decision. If no changes were made to the City’s practices and procedures for reviewing and making decisions on planning applications, staff would be required to prepare a report with a recommendation on the application before the Statutory Public Meeting is held, and likely without time to receive all City, agency, and public comments. This would reduce the transparency of the review process, reduce the opportunity to undertake meaningful engagement with stakeholders and members of the public, and reduce the ability to provide a comprehensive planning recommendation to Council. The Bill 109 timelines require the rapid review and consideration of development applications. These timelines do not consider the fact that Committee and Council meetings are not typically held in the months of July and August or during election periods. As required, it may become necessary for special meetings of Council to be called during the summer to consider applications. Taking into account the review requirements of all City departments and external agencies, along with the quality of submissions and the response time from Applicants, it is staff’s opinion that the prescribed timelines in the Planning Act are not achievable. Therefore, without any change to our current practices and procedures, the City is at risk of refunding a significant amount of the application fees that are collected for Zoning By-law Amendment and Site Plan Approval applications. The City’s average processing timelines over the last few years are as follows: All Zoning By-law Amendments: • Required decision timeline: 90 days • Average decision timeline: 400 days Residential Site Plans: • Required decision timeline: 60 days • Average decision timeline: 500 days Staff notes that there are various factors that contribute to these long decision timelines. In many instances, delays are caused by untimely responses from Applicants and external agencies. There are also procedural matters that artificially inflate decision timelines. For example, in the past when Site Plan applications were submitted concurrently with Zoning By-law Amendments, approval of the Site Plan could not occur before the Zoning had been approved by Council. This has implications on how project timelines are reported but does not directly impact how project review occurs. PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 6 City staff remain committed to the prompt and efficient review of development applications to spur economic development and support the creation of more housing. Unfortunately, the punitive measures created by Bill 109 unfairly penalize municipalities for delays that are often outside of their control. To best support the continued review of development applications, and to avoid the financial penalties imposed by Bill 109, staff are proposing several changes to the development review process. 2.2 Proposed Changes to the Development Review Process The changes staff are proposing should allow the City to meet the legislated timelines and avoid the loss of development application revenue, while still ensuring a robust and thorough evaluation of the application. The goal of these proposed changes is for the City to: • continue to diligently review development applications in a timely manner; • continue to provide appropriate analysis leading to high-quality urban design and orderly development; • ensure that development application fees more accurately reflect the City’s cost for reviewing those applications and are collected at the appropriate time; and • continue to seek meaningful public participation despite a condensed timeline. 2.2.1 Development Review Process The development review process currently consists of three general stages: pre-consultation, application review, and decision (see Figure 4 below). Under the current process, the majority of time spent reviewing the proposal is during the application review stage. Figure 4: Current Development Review Process Due to the strict timeframes and refund penalties assigned to the application review stage, staff are proposing to shift the review portion of development proposals from the application stage to a new “pre-submission” stage (see Figure 5 below). Staff will continue to provide a prompt and thorough review, but will avoid “starting the clock” and avoid being at risk for application refunds. PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 7 Figure 5: Proposed Development Review Process The City’s development review process will need to change to be more front-ended, requiring additional review and effort by all stakeholders prior to the formal submission of an application. This way, when an application is received, it will only be deemed complete after the review of the proposal has been completed by City staff and external agencies and the Proponent has made all necessary revisions. The following sections will provide a more detailed account of the proposed changes to each stage of the development review process. An illustrated summary of the development review stages is provided in Attachments #3 and #4 to this report. 2.2.2 Stage 1A – Pre-Consultation Stage The purpose of the pre-consultation stage is to review a development concept, confirm the appropriate planning and agency approvals that are needed, and provide a list of required materials that must be submitted as part of a complete application. Pre- consultation meetings are permitted by the Planning Act, but are not part of the legislated application review process, and therefore are not subject to the timeline refunds prescribed by Bill 109. 2.2.3 Stage 1B – The Pre-Submission Stage Following a pre-consultation meeting, Proponents will submit all required materials for review by staff and external agencies. The technical review of the proposal will occur during the pre-submission stage. During the pre-submission stage, “the clock” is not running. At the pre-submission stage, staff will circulate the development reports and drawings to all agencies and departments for technical review. A full review of all reports and studies will be completed to confirm accuracy and conformity with all requirements and standards. More detailed information, such as peer reviews, may also be required at this stage. The pre-submission stage will be an integrative process, allowing City Departments and external agencies the appropriate time to review complex studies and drawings, and allow the Proponent to address key technical issues prior to the submission of an application. This stage also requires consultation and engagement with the public. It is important to note that the prescribed timelines imposed by Bill 109 do not apply during the pre-submission review. PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 8 2.2.3.1 Public Information Centre (Open House) The Planning Act requires that a Statutory Public Meeting be held before Council makes a decision on a variety of development applications, including Zoning By-law Amendments, but is not required for Site Plan Approvals. This allows the public to provide comments for Council to consider as part of their decision. In addition to the Statutory Public Meeting, it is not uncommon for a voluntary Public Information Centre (open house) to be held earlier in the process. These events are less formal and provide the public with the opportunity to directly engage with the Applicant, their consultants, and City staff. To meet the Planning Act timelines, all Applicants for Zoning By-law Amendment will now be required to host an open house prior to the submission of a formal application. One benefit to this early engagement is the identification of community concerns at the beginning of the process possibly leading to modifications of a proposal before it is formally submitted. For example, the Planning Rationale Report, traffic reports, and other supporting documents prepared by the Proponent will now be informed by public comments rather than exclusively relying on technical analysis that may not fully take into account the local context. Staff will be developing a set of procedures for Proponents to follow that outlines the requirements for open house events, which will include matters such as the type of venue/forum, how to give notice, how to record feedback, etc. In addition to requiring the applicant to host an open house meeting, City staff will ensure the information and materials submitted at the pre-submission stage are uploaded to the City’s website, allowing the public to review and offer comments on the proposal. 2.2.4 Stage 2 – Complete Application Submission Under the Planning Act, certain information or material is required to be provided as part of a complete application. The purpose of complete application requirements is to ensure that all the relevant and required information is available, at the time of formal submission, for staff to either issue an approval or provide a recommendation to Council. The complete application requirements are intended to make the review of an application faster and more efficient. To improve the review process, and manage the new legislated review timelines, staff propose to strengthen and expand the complete application requirements for planning applications. The Planning Act allows municipalities to request information or material if their Official Plan contains provisions relating to those requirements. In order to update the list of items that the City may request during a pre-consultation meeting, an amendment to the City’s Official Plan is required. The proposed amendments to the relevant policies in the Official Plan are contained in Appendix I. PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 9 2.2.4.1 The Statutory Public Meeting The Planning Act outlines the required steps involved in reviewing an application. Certain applications, such as Zoning By-law Amendments, require that municipalities consult with the public at a Statutory Public Meeting (see Attachment #4). Once an application is received and deemed complete, a municipality will schedule a Statutory Public Meeting to be held at a Planning & Development Committee (Committee) meeting. Currently, an information report is provided to the Committee outlining the major elements of the development application, summarizing relevant land use policies and identifying key concerns to be addressed. After the first Committee meeting, staff continue to review the application and incorporate comments received from Council, the public, and external agencies. Once all information has been received and reviewed, a recommendation report is presented at a subsequent Committee meeting. It is at this meeting that Committee is requested to make a decision on the application, that is ratified at a subsequent Council meeting. As part of the revised strategy to meet the Planning Act timeline, City Development staff will no longer prepare an information report and host a Statutory Public Meeting on a separate evening, in advance of the Planning & Development Committee considering a recommendation report. The Committee will now have to make a decision on planning applications on the same night the Statutory Public Meeting is held. This reduces the ability for public comments, received in advance of the Statutory Public Meeting, to be incorporated into Committee’s decision. The public engagement, that is currently received at the Statutory Public Meeting stage, will now be captured earlier in the process, and in a different form, through the newly required Public Information Centre described in Section 2.2.3.1 of this report. The Public Information Centre will occur prior to the submission of the application. Bringing forward a recommendation report at the Statutory Public Meeting may require certain procedural changes to the format of that event that will be formulated in consultation with the City Clerk. 2.2.5 Proposed Transitional Provisions To assist the Proponents with implementing the revised development review process, the following transitional provisions are being proposed: 2.2.5.1 New Pre-consultation All applicants of future development proposals will be informed of the new development review process, and be provided with directions on how to proceed to a complete application. 2.2.5.2 Completed Pre-consultation, but no Application Where complete application requirements have already been determined through a formal pre-consultation meeting prior to January 1, 2023, City staff will either: PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 10 a. amend the formal pre-consultation requirements; or b. require a new pre-consultation meeting. 2.2.5.3 Existing Application, but no Statutory Public Meeting These applications will follow the new development review process. An Open House will be held to provide information and gather public input. A subsequent Statutory Public Meeting will be held at the same time that a recommendation report is presented to Committee. 2.2.5.4 Existing Application and Statutory Public Meeting already held Since the statutory requirements of the Planning Act have already been met, a recommendation report will be presented to the Committee at the first opportunity. 2.2.6 Concurrent vs. Sequential Application Review Often development projects require more than one development approval (i.e., Official Plan Amendment, Zoning By-law Amendment and/or Site Plan applications). Currently, the City permits multiple applications to be submitted at the same time to benefit from the efficiency of circulating all materials once to external agencies and holding one joint Statutory Public Meeting. To respond to the strict requirements of Bill 109, certain applications will no longer be considered concurrently. Instead, Applicants will need to submit each application sequentially. For example, a Proponent requiring both a Zoning By-law Amendment and a Site Plan Approval will have to submit a Zoning By-law Amendment application first. Once the Zoning By-law Amendment has been approved and is in full force and effect, the Proponent may then submit a Site Plan Approval application. Staff regret that this will likely result in a lengthening of overall approval timelines for some projects. However, this is one of the unintended consequences of the changes brought forward by Bill 109. Reviewing applications sequentially will ensure that the City is not penalized with any refunds to site plan applications, while still finalizing prerequisite applications. 2.2.7 Application Denial and Re-Application Despite the benefits of a revised development review process, the City may still need to deny an application if all information is not provided within the prescribed timeline to avoid paying application fee refunds. In circumstances where denials are issued to “stop-the-clock”, Applicants may be able to submit their applications for reconsideration if the outstanding matters: • do not change the nature of the proposal; • are minor and technical in nature and are not expected to result in fundamental changes to the layout and design of the proposal; • do not involve re-engagement with the public; and • do not require recirculation of the application to external agencies. PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 11 The decision on whether to accept an application for reconsideration will be at the discretion of the Director, City Development & CBO. A fee for the reconsideration of an application will be required. 2.2.8 Changes to the review of all development applications With minor differences, all development applications follow the same general pattern of development review. The recent changes to the Planning Act from Bill 109 only create potential refund scenarios for Zoning By-law Amendment and Site Plan applications. The changes to the development review process listed in this report are specifically needed for those two application types. However, there would be increased clarity for the public, the development industry, and Council if all development applications followed the same review and approval process. Therefore, staff propose to apply the new development review process to all applicable Planning applications. 2.3 Proposed Changes to the Development Review Fees In conjunction with the revised development review process that has been outlined in this report, staff are proposing to shift the development review fees to the appropriate stage of review where the corresponding amount of work is conducted. This will involve applying a fee at both the pre-submission stage, as well as a fee at the application stage. Prior to the introduction of Bill 109, the City retained Watson & Associates Economists Ltd. (Watson) to review the City’s current development application fees. The rationale for the proposed fee changes is contained in Attachment #2 and is further discussed in Section 2.3.5 of this report. 2.3.1 Stage 1A – Pre-consultation Currently, fees are collected by the City to review and comment on preliminary development concepts at the pre-consultation meeting. This fee represents only a small fraction of the staff time required to prepare and host this meeting. It is recommended that the current pre-consultation fee be maintained for the analysis of simple proposals (Pre-consultation Meeting Simple) and a new fee be created for the analysis of complex proposals (Pre-consultation Meeting Complex). It is intended that this new fee structure better reflect the amount of work completed by staff for this meeting. 2.3.2 Stage 1B – Pre-submission Under the new development review process, staff will spend a greater amount of time reviewing the development materials prior to the submission of the formal application. Therefore, review fees will be revised to reflect staff’s effort during each stage of review. A majority of the review fees will be collected at the new “pre-submission” stage, where staff will spend the largest portion of their time in the review and analysis of a proposal. The remaining part of the review fee will be collected at the submission of the complete application. Fees collected at the pre-submission stage are not subject to any refund requirements. PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 12 The review of development proposals is a collaborative process that typically involves more than one submission by the Proponent to ensure that their proposal conforms with all policies, standards, and regulations of the City and the relevant commenting agencies. The pre-submission process presumes the original submission and two subsequent submissions by the Proponent. Each submission is thoroughly reviewed by staff and relevant agencies, and a list of missing or outstanding items is provided to the Proponent. The pre-submission fee is intended to cover the cost of the original submission and two resubmissions. In order to reflect the ongoing work required by staff, the fourth submission, and every submission thereafter, will be subject to a recirculation fee (see Table 1 below). Table 1: When Pre-submission and Recirculation Fees Apply Pre-submission Fee Recirculation Fee Original submission  N/A Submission Two N/A N/A Submission Three N/A N/A Submission Four, or more N/A  2.3.4 Stage 2 – Application After the pre-submission review has been completed, Proponents may then submit their complete application. An application review fee is payable at the time of application submission. This is when the legislated timelines in the Planning Act begin. If Council or staff are unable to reach a decision or provide approval within the legislated timeline, this is the fee that would be subject to any possible refund. 2.3.5 Overall Increase in Application Fees There is a general principle in Municipal planning and finance that development application fees should recover the City’s cost for reviewing those applications. The intent is to avoid having the existing tax base (residents and business owners) subsidize the costs to the City incurred from new development. Excluding City-initiated applications, Minor Variance, and Land Division applications, which are not intended to achieve cost recovery, the City’s current application fees only recover 78 percent of the costs of staff’s review of development application files. Watson was retained by the City to complete a comprehensive update to the development approval application process (D.A.A.P) fee reviews. One of the objectives of Watson’s review was to determine the fee increases necessary to achieve full cost recovery. The recommended fee increases included in Appendix III of this report will move the City’s fees for reviewing Planning Act applications closer to full cost recovery. Excluding Minor Variance, Land Division, and City-initiated applications, cost recovery performance will increase from 78 percent to almost 95 percent. For Official Plan Amendments, the move to full cost recovery was considered too great to be implemented through a one-time increase. Therefore, a more moderate fee increase is PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 13 recommended at this time. Similarly, staff recommend not recovering the full cost for Minister Zoning Order Amendments, as these fees may be overly burdensome on residents that live in areas under these regulations. Details of the proposed fee increases are contained in Watson’s Planning Application Fee Review – Update Study, contained in Attachment #2 to this report, and summarized in Table 2. Table 2: Current and Proposed Cost Recovery by Application Type Application Type Current Cost Recovery Proposed Cost Recovery Subdivision 53% 100% Condominium 82% 100% Official Plan 37% 69% Zoning By-Law Amendment 89% 100% Site Plan 98% 100% Minor Variance and Land Division 11% 15% City Initiated Applications 0% 0% These fee increases are necessary if the City wants to ensure that the application and review fees better reflect the City’s costs for reviewing development applications. The alternative will be to shift a greater portion of the cost for reviewing development applications onto Municipal tax assessment revenue. 3. Notice of Proposed Official Plan Amendment 46 In accordance with the requirements of the Planning Act, a notice of the Statutory Public Meeting for proposed Amendment 46 to the Pickering Official Plan was provided in the Pickering News Advertiser. Notice of the Statutory Public Meeting was also posted on the City’s website and a separate notice was forwarded to the Building Industry and Land Development Association (BILD) and members of the local development industry. As of the date of this report, staff had received three public inquiries seeking clarity on the proposed amendment, or access to the background report, but no written or verbal comments have been received from the public. 4. Future Evaluation and Modification The proposed changes to the City’s development review process are intended to support the efficient review of development applications in light of recent changes to the Planning Act. Staff will track the result of the new processes and, as required, make necessary revisions to ensure that the intended outcomes are being achieved. Additional changes proposed by the Province under Bill 23 are still being evaluated and may also necessitate further modifications in the future. A summary of the changes from Bill 23 is contained in a separate report. It is recommended that a Council education session be held in the future to review all of the changes proposed to City processes as a consequence of current and forthcoming changes to the Planning Act. PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 14 5. Conclusion Staff will continue to focus resources on effectively reviewing development proposals, while also meeting application timelines. A number of policy, procedure, and fee changes are needed in order for the City to avoid the refund requirements created by Bill 109: • no longer permit development applications to be submitted concurrently; • introduce a new “pre-submission” review stage; • revise the “complete application” requirements for development applications; • make public engagement a requirement for submitting a complete application; • provide recommendation reports for consideration by the Planning & Development Committee on the same day as the statutory public meeting; • recommend Council “refuse an application without prejudice”; to address minor issues that may arise during the formal Zoning By-law Amendment application stage, which cannot be resolved within the legislated timeframes; and • permit reconsideration of Zoning By-law Amendments in select circumstances. In addition to the procedural changes that will be instituted by staff, it is recommended that Council approve the corresponding changes. Staff recommends: (a) That Council approve Recommended Amendment 46 to the Pickering Official Plan by passing the by-law to adopt Amendment 46, as set out in Appendix I to Report PLN 47-22; (b) That Council approve an amendment to By-law 6942/09, Pre-consultation By-law; and (c) That Council approve an amendment to By-law 7918/22, General Municipal Fee and Charges By-law. Appendices Appendix I Draft By-law to adopt Amendment 46 to the Pickering Official Plan Appendix II Draft By-law to Amend By-law 6942/09, Pre-consultation By-law Appendix III Draft By-law to Amend By-law 7918/22, General Municipal Fees Attachments 1. Report PLN 22-22, Comments on proposed Bill 109, More Homes For Everyone 2. Planning Application Fee Review – Update Study, Watson & Associates 3. Current and Proposed Site Plan Approval process 4. Current and Proposed Zoning By-law Amendment process PLN 47-22 December 5, 2022 Subject: Changes to Development Review Procedures and Application Fees Page 15 Prepared By: Original Signed By Paul Wirch, MCIP, RPP Principal Planner, Policy Original Signed By Déan Jacobs, MCIP, RPP Manager, Policy & Geomatics Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO PW :ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Appendix I to Report No. PLN 47-22 Draft By-law to Adopt Amendment 46 to the City of Pickering Official Plan The Corporation of the City of Pickering By-law No. 7972/22 Being a by-law to adopt Amendment 46 to the Official Plan for the City of Pickering (OPA 22-003/P) Whereas pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(22) and 21(1), the Council of the Corporation of the City of Pickering may by by-law adopt amendments to the Official Plan for the City of Pickering; Whereas pursuant to Section 17(10) of the Planning Act, the Minister of Municipal Affairs and Housing has by order authorized Regional Council to pass a by-law to exempt proposed area municipal official plan amendments from its approval; Whereas on February 23, 2000, Regional Council passed By-law 11/2000 which allows the Region to exempt proposed area municipal official plan amendments from its approval; Whereas the Region has advised that Amendment 46 to the City of Pickering Official Plan is exempt from Regional approval; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That Amendment 46 to the Official Plan for the City of Pickering, attached hereto as Exhibit “A”, is hereby adopted; 2. That the City Clerk is hereby authorized and directed to forward to the Regional Municipality of Durham the documentation required by Procedure: Area Municipal Official Plans and Amendments; 3. This By-law shall come into force and take effect on the day of the final passing hereof. By-law passed this 5th day of December, 2022. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Exhibit “A” to By-law 7972/22 Amendment 46 to the City of Pickering Official Plan Amendment 46 to the Pickering Official Plan Purpose: The purpose of this Amendment is to change existing policies for complete application requirements, pre-consultation, and peer review. The Amendment will also add new policies for pre-submission review. These new and revised policies will align the Pickering Official Plan with recent changes to the Planning Act (Bill 109) for the development review process. Location: This amendment applies to all lands within the City of Pickering. Basis: Through Bill 109, the Planning Act was amended to create graduated refunds for Zoning By-law Amendments decisions and Site Plan approvals that are not completed within the timelines prescribed by the Planning Act. In order to avoid paying refunds, revisions are needed to the manner in which the City of Pickering reviews and processes development applications. The proposed changes necessitate amendments to the Pickering Official Plan to create new review procedures and update the requirements of a complete application. Actual The City of Pickering Official Plan is hereby amended by: Amendment: (New text is shown as underlined text, deleted text is shown as strikeout text, and retained text is shown as unchanged text.) 1. Revising and renumbering, and updating all cross-references to City Policy 16.2, Pre-submission Consultation, in Chapter 16 – Development Review, so that it reads as follows: City Policy Pre-submissionconsultation 16.2A City Council shall require applicants to consult with the municipality Municipality prior to submitting an application for an official plan amendment, zoning by-law amendment, draft plan of subdivision, draft plan of condominium or site plan approval. The A pre-submission consultation meeting will be held with the applicant, City staff and any other government agency or public authority that the City determines appropriate. At the pre-submission consultation meeting:… 2. Adding a new City Policy 16.2B, Pre-submission Review, in Chapter 16 – Development Review, as follows: “City Policy Pre-submission Review 16.2B City Council shall require that all materials and fees listed at the pre- consultation meeting be submitted to the City for review by City staff. Except for matters that are the subject of an amendment application, submission materials must conform with all policies, guidelines, and regulations stipulated by the City of Pickering, the Region of Durham, the Province of Ontario, and all relevant commenting agencies. The submission Amendment 46 to the Pickering Official Plan Page 2 materials must also provide the rationale for all matters for which an amendment is being sought. This includes the completion and submission of any peer review of any materials that may be required. Once the City, and all commenting agencies, are satisfied that the submitted materials conform with the requirements listed at the pre- consultation meeting, the Proponent may submit the application.” 3. Revising City Policy 16.3, Complete Application, in Chapter 16 – Development Review, so that it reads as follows: 16.3 City Council shall not accept an application for an official plan amendment, zoning by-law amendment, draft plan of subdivision, draft plan of condominium, or site plan approval until the following has been submitted to the City: (a) a complete application form, including an acknowledgement by the applicant of the obligation to pay required peer review costs, as referred to in Section 16.4; (b) any information or materials prescribed by statute and regulation; (c) a record of pre-submission consultation; (d) the prescribed application fee(s); (e) payment, or proof of payment of all application review fees and any other fees charged by commenting agencies; (f) confirmation from internal departments and external agencies that the submitted studies and reports meet approved terms of reference and have addressed all technical comments; (f) (g) all required studies set out in Section 16.5A for an official plan amendment, zoning by‑law amendment, draft plan of subdivision and draft plan of condominium application; and (h) all required studies set out in Section 16.5B for a site plan application. 4. Revising City Policy 16.4, Peer Review at Applicant’s Expense, in Chapter 16 – Development Review, so that it reads as follows: 16.4 City Council shall require all of the matters set out in Sections 16.3, 16.5A, and/or 16.5B to be completed to the satisfaction of the City respecting the scope and complexity appropriate to the application prior to the City deeming the application complete. Once an application is deemed complete, tThe City may retain a qualified consultant to conduct a peer review of any of the studies required in Sections 16.5A and/or 16.5B at the applicant’s expense as acknowledged on the application form and as provided for in Section 16.3 (a). All peer reviews must be completed before the study can be deemed to be in conformity with the requirements listed at the pre-consultation meeting. Amendment 46 to the Pickering Official Plan Page 3 5. Revising City Policy 16.5A, Required Studies for an Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium Approval, in Chapter 16 – Development Review, so that it reads as follows: City Policy Required StudiesRequirements for an Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision, and Draft Plan of Condominium Approval 16.5A City Council shall require the following materials and studies prepared by qualified experts, as scoped or expanded as a result of the pre-submission consultation required by Section 16.2A, to be submitted for review to ensure conformity with the requirements listed at the pre-consultation meeting at the time of application for an official plan amendment, zoning by-law amendment, draft plan of subdivision, and draft plan of condominium approval: (i) a planning rationale report which considers the overall benefit to the community and evaluates the proposal against the relevant goals, objectives, policies and general purpose and intent of this Plan, the Regional Official Plan, the Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe, the Oak Ridges Moraine Conservation Plan and the Greenbelt Plan and Provincial policy, where applicable; (ii) a transportation study; … (xxxvii) an Information and Communication Technologies Implementation Plan, as referred to in Section 7.12 (b); and (xxxviii) a salt management plan as referred to in Sections 10.13 (g), and 10.27 (c).; (xxxix) a public engagement report from a public engagement event that has been held within six months prior to the submission of the application. The public engagement report must demonstrate that the event followed the City’s notification and meeting format requirements; (xl) confirmation that Indigenous consultation has been held in accordance with the City’s requirements; (xli) confirmation of parkland requirements; (xlii) a record of site condition; and (xliii) an affordable housing brief. 6. Revising City Policy 16.5B, Required Studies for Site Plan Approval, in Chapter 16 – Development Review, so that it reads as follows: City Policy Required StudiesRequirements for Site Plan Approval Amendment 46 to the Pickering Official Plan Page 4 16.5B City Council shall require the following materials and studies prepared by qualified experts, as scoped or expanded as a result of the pre-submission consultation provided for by Section 16.2A, to be submitted at the time of application for site plan approval: (i) a transportation study; … (xxviii) a water balance study, as referred to in Section 10.29 (e), 10.29 (f), 10.29 (g), 10.29 (h), and 10.29 (k); and (xxix) a salt management plan as referred to in Sections 10.13 (g), and 10.27 (c).; (xxx) confirmation of parkland requirements; (xxxi) a record of site condition; (xxxii) a zoning certificate; (xxxiii) approved cost estimates for all off-site and landscaping works; and (xxxiv) an affordable housing brief. 7. Revising City Policy 16.8, Environmental Reports Required, in Chapter 16 – Development Review, so that it reads as follows: 16.8 City Council: (a) as determined through a pre-submission consultation in Section 16.2A, require the submission and approval of an Environmental Report as part of the consideration of a development application or a public infrastructure project for major development within 120 metres of the Natural Heritage System or within the minimum area of influence prescribed in Table 18 of this Plan; and (b) despite Section 16.8(a), may, through the pre-submission consultation in Section 16.2A, require the submission and approval of an Environmental Report as part of its consideration of any other development application or public infrastructure project. Appendix II to Report No. PLN 47-22 Draft By-law to Amend By-law 6942/09 Pre-consultation By-law The Corporation of the City of Pickering By-law No. 7973/22 Being a by-law to require consultation with the City prior to submission of applications for official plan amendments, zoning by-law amendments, site plans, plans of subdivision and plans of condominium Whereas the Planning Act, R.S.O. 1990 c. P13 authorizes municipalities to pass by-laws to require land use planning applicants to consult with the municipality before submitting applications for official plan amendments, zoning by-law amendments, site plans, plans of subdivision and plans of condominium; Whereas Council wishes to have applicants discuss planning proposals with City staff before the applications are submitted to the City, to ensure that the appropriate studies and other requirements are completed to the satisfaction of the City, prior to the submission of a complete application; And whereas Council wishes to have City staff complete a preliminary review of all proposals, at the pre-submission stage, to ensure that all materials conform with the requirements of the pre-consultation, have been revised in accordance with City and agency comments, and all major issues have been resolved to the City’s satisfaction, before the application is submitted; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Proponents shall attend a pre-consultation meeting with relevant City staff prior to submitting requests to amend the City's Official Plan or zoning by-laws, and prior to submitting applications for site plan, plan of subdivision or plan of condominium approval. 2. After the pre-consultation meeting, Proponents shall submit their development proposals to the City for review at the pre-submission stage. The pre-submission stage will be an integrative process allowing City departments and external agencies the appropriate time to review studies and drawings, and allow the Proponent to address key technical issues prior to the submission of an application. 3. At the conclusion of the pre-submission stage, all planning applications submitted to the City must conform with the requirements of the pre-consultation meeting to be considered a complete application under the Planning Act. 4. Planning applications submitted to the City prior to a pre-consultation meeting or prior to the pre-submission stage will not be accepted as complete applications under the Planning Act. 5. If more than one application is required for planning approval in support of a single development proposal, a single pre-consultation meeting with City staff can satisfy the requirement to consult. Despite the joint pre-consultation meeting, and following the conclusion of the pre-submission stage, development applications must be submitted consecutively and not concurrently. By-law No. 7973/22 Page 2 6.Following the required pre-consultation meeting, if the proposal which was the subject of the pre-consultation meeting has not been submitted for a pre-submission review within the time-frame determined by the Director of City Development, the Proponent may be required to attend a new pre-consultation meeting. 7.Transition By-law 6942/09 shall be repealed upon this By-law coming into effect. 8.Effective date This By-law shall come into full force and effect on the day of its passing. By-law passed this 5th day of December, 2022. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Appendix III to Report No. PLN 47-22 Draft By-law to Amend By-law 7918/22 General Municipal Fees The Corporation of the City of Pickering By-law No. 7974/22 Being a by-law to amend By-law No. 6191/03 to confirm General Municipal Fees Whereas the Council of the Corporation of the City of Pickering enacted By-law 6191/03, as amended, on October 14, 2003 to confirm general municipal fees. Whereas Schedule “I” to By-law 6191/03 was updated and replaced under By-law, 6338/04, By-law 6519/05, By-law 6652/06, By-law 6677/06, By-law 6748/07 By-law 6857/08, By-law 6951/09, By-law 7032/10, By-law 7119/11, By-law 7194/12, By-law 7268/13, By-law 7339/14, By-law 7411/15, By-law 7478/16, By-law 7542/17, By-law 7605/18; By-law 7679/19; By-law 7740/20, By-law 7823/21 and 7918/22; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule “I” to By-law Number 6191/03, as amended, is hereby deleted and Schedule “I” attached hereto is substituted therefore. By-law passed this 5th day of December, 2022. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Schedule “I” to By-law 7974/22 Updated Application Fees for City Development – Planning City Development Department - Planning User Fee or Charge 2022 Current Fee (Excluding HST) 2023 Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date These fees are imposed under the authority of the Planning Act , R.S.O. 1990, c.P.13 Planning Documents Pickering Official Plan $225.00 $225.00 Y No Increase Official Plan Compendium $50.00 $50.00 Y No Increase Seaton Sustainable Placemaking Guidelines 1 $50.00 $50.00 Y No Increase City Centre Urban Design Guidelines $50.00 $50.00 Y No Increase Kingston Mixed Corridor & Brock Mixed Node Design Guidelines N/A $50.00 Y January 1, 2023 Development Guidelines $5.00-$20.00 $5.00-$20.00 Y No Increase Special Studies $10.00-$20.00 $10.00-$20.00 Y No Increase Zoning By-laws 3036 - Set 13 Volume $100.00 $100.00 Y No Increase 3036 - By Volume $10.00 $10.00 Y No Increase 2511, 2520, 3037, 7364/14 (Seaton), 7553/17 (City Centre) $40.00 $40.00 Y No Increase 20 Year Household & Population $30.00 $30.00 Y No Increase Mapping $5.00-$25.00 $5.00-$25.00 Y No Increase Address Booklet $25.00-$50.00 $25.00-$50.00 Y No Increase Fiche Prints Price Varies Price Varies Y No Increase Special Mapping Requests $54.15/hr $54.15/hr Y No Increase Photocopies - 6 or more pages $0.50/ea $0.50/ea Y No Increase CD Copies of Documents $10.00/document $10.00/document Y No Increase Telecommunications Tower Approval $8,910.00 $9,355.00 N January 1, 2023 Minor Variance Applications to recognize an "as built condition" Double the regular fee Double the regular fee N No Increase Accessory buildings, structures, decks, platforms & driveway widening $685.00 $820.00 N January 1, 2023 Residential Minor (a lot for a detached dwelling unit, semi-detached dwelling unit and/or freehold townhouse dwelling unit) Single Variance $920.00 $1,100.00 N January 1, 2023 Multiple Variances $1,155.00 $1,390.00 N January 1, 2023 Residential Major (all other residential and mixed use buildings) Single Variance $2,000.00 $2,400.00 N January 1, 2023 Multiple Variances $2,255.00 $2,710.00 N January 1, 2023 Institutional, Commercial & Industrial Single Variance $2,530.00 $3,040.00 N January 1, 2023 Multiple Variances $2,960.00 $3,550.00 N January 1, 2023 Tabling Fee & Recirculation (applicant initiated) $630.00 $760.00 N January 1, 2023 Special Meeting $4,025.00 $4,830.00 N January 1, 2023 Authorization to Apply for Variance Under Section 45 (1.4) of the Planning Act $5,755.00 $6,906.00 N January 1, 2023 Application for Pre-Consultation $350.00 N/A N January 1, 2023 Simple2 $350.00 N January 1, 2023 Complex $1,200.00 N January 1, 2023 Zoning By-law Amendment - Pre-submission Review City Development Department - Planning User Fee or Charge 2022 Current Fee (Excluding HST) 2023 Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date Zoning By-law Amendment -Major 3 - Base Fee $9,590.00 N January 1, 2023 Plus Fee per Residential Unit First 25 units (1-25) $260.00 N January 1, 2023 Next 75 units (26-100) $190.00 N January 1, 2023 Next 100 Units (101-200) $160.00 N January 1, 2023 Next 800 Units (201-1,000) $65.00 N January 1, 2023 Plus Fee per Non-Residential Ha of Land Area 4 $910.00 N January 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area 5 $330.00 N January 1, 2023 6Zoning By-law Amendment -Minor $6,690.00 N January 1, 2023 Zoning By-law - Recirculation 7 $2,000.00 N January 1, 2023 Additional fee if within Oak Ridges Moraine or Greenbelt $1,320.00 N January 1, 2023 Zoning By-law - Removal of Holding $1,980.00 N January 1, 2023 Zoning By-law - Removal of Holding (Complex/Block Plan Required) $9,590.00 N January 1, 2023 Zoning By-law - Extension of Temporary Use By-law $9,590.00 N January 1, 2023 Authorization to Apply for Variance Under Section 34 (10.0.0.2) of the Planning Act $6,906.00 N January 1, 2023 Zoning By-law Amendment - Application Zoning By-law Amendment -Major 3 - Base Fee $17,700.00 $10,100.00 N January 1, 2023 Plus Fee per Residential Unit First 25 units (1-25) $450.00 $240.00 N January 1, 2023 Next 75 units (26-100) $335.00 $180.00 N January 1, 2023 Next 100 Units (101-200) $275.00 $145.00 N January 1, 2023 Next 800 Units (201-1,000) $110.00 $60.00 N January 1, 2023 Plus Fee per Non-Residential Ha of Land Area 4 $910.00 $485.00 N January 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area) 5 $575.00 $305.00 N January 1, 2023 6Zoning By-law Amendment -Minor $12,650.00 $6,500.00 N January 1, 2023 Additional fee if within Oak Ridges Moraine or Greenbelt $2,300.00 $1,250.00 N January 1, 2023 Zoning By-law - Removal of Holding $3,450.00 $1,830.00 N January 1, 2023 Zoning By-law - Removal of Holding (Complex/Block Plan Required) $4,375.00 $10,100.00 N January 1, 2023 Zoning By-law - Extension of Temporary Use By-law $17,710.00 $10,100.00 N January 1, 2023 Zoning By-law - Reconsideration 8 $5,230.00 N January 1, 2023 Minister Zoning Order Minister Zoning Order Amendment - Major 9 $2,875.00 $3,000.00 N January 1, 2023 Minister Zoning Order Amendment - Minor 10 $2,300.00 $2,500.00 N January 1, 2023 Official Plan Amendment - Pre-submission Review Pickering Official Plan Amendment - Major 11 $45,500.00 N January 1, 2023 Pickering Official Plan Amendment - Minor 12 $21,650.00 N January 1, 2023 City Development Department - Planning User Fee or Charge 2022 Current Fee (Excluding HST) 2023 Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date Pickering Official Plan Amendment - Recirculation 7 $2,000.00 N January 1, 2023 Additional fee if within Oak Ridges Moraine or Greenbelt $3,300.00 N January 1, 2023 Official Plan Amendment - Application Pickering Official Plan Amendment - Major 11 $48,000.00 $43,500.00 N January 1, 2023 Pickering Official Plan Amendment - Minor 12 $23,000.00 $20,750.00 N January 1, 2023 Additional fee if within Oak Ridges Moraine or Greenbelt $2,300.00 $3,000.00 N January 1, 2023 Regional Official Plan - Amendment (not part of a Pickering OPA) $13,800.00 $37,100.00 N January 1, 2023 Neighbourhood Development Guideline Amendment 13 $1,600.00 $4,300.00 N January 1, 2023 Land Division Comments $1,725.00 $2,600.00 N January 1, 2023 Clearance of Conditions $865.00 $1,300.00 N January 1, 2023 Council authorization to proceed by land division instead of draft plan of subdivision 14 $5,750.00 $8,670.00 N January 1, 2023 Cash-in-Lieu of Parkland Conveyance For the creation of up to 3 additional lots (price per lot created) $6,610.00 $6,940.00 N January 1, 2023 For the creation of more than 3 additional lots 5% of the value of the land See Parkland By-law N January 1, 2023 Draft Plan of Subdivision - Pre-submission Review Base Fee $32,800.00 N January 1, 2023 Plus Fee per Residential Unit First 25 units (1-25) $470.00 N January 1, 2023 Next 75 units (26-100) $380.00 N January 1, 2023 Next 100 Units (101-200) $300.00 N January 1, 2023 Next 800 Units (201-1,000) $190.00 N January 1, 2023 Plus Fee per Non-Residential Ha (or part thereof) of Land Area 4 $150.00 N January 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area 5 $95.00 N January 1, 2023 Recirculation 7 $2,000.00 N January 1, 2023 Additional fee if within Oak Ridges Moraine or Greenbelt $1,000.00 N January 1, 2023 Applicant-Initiated Major Revisions (prior to Draft Plan Approval) $22,200.00 N January 1, 2023 Revisions to Draft Approved Plan - (redline revisions) - Pre-submission Review Base Fee $13,000.00 N January 1, 2023 Plus Fee per Additional Residential Units First 25 units (1-25) $470.00 N January 1, 2023 Next 75 units (26-100) $380.00 N January 1, 2023 Next 100 Units (101-200) $300.00 N January 1, 2023 City Development Department - Planning User Fee or Charge 2022 Current Fee (Excluding HST) 2023 Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date Next 800 Units (201-1,000) $190.00 N January 1, 2023 Plus Fee per Non-Residential Ha (or part thereof) of Land Area $150.00 N January 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area $95.00 N January 1, 2023 Draft Plan of Subdivision - Application Base Fee $34,650.00 $34,600.00 N January 1, 2023 Plus Fee per Residential Unit First 25 units (1-25) $560.00 $575.00 N January 1, 2023 Next 75 units (26-100) $450.00 $465.00 N January 1, 2023 Next 100 Units (101-200) $355.00 $365.00 N January 1, 2023 Next 800 Units (201-1,000) $225.00 $230.00 N January 1, 2023 Plus Fee per Non-Residential Ha (or part thereof) of Land Area 4 $180.00 $185.00 N January 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area 5 $110.00 $115.00 N January 1, 2023 Additional fee if within Oak Ridges Moraine or Greenbelt $2,300.00 $2,500.00 N January 1, 2023 Revisions to Draft Approved Plan - (redline revisions) - Application Base Fee $13,860.00 $13,600.00 N January 1, 2023 Plus Fee per Additional Residential Units First 25 units (1-25) $560.00 $575.00 N January 1, 2023 Next 75 units (26-100) $460.00 $465.00 N January 1, 2023 Next 100 Units (101-200) $335.00 $365.00 N January 1, 2023 Next 800 Units (201-1,000) $225.00 $230.00 N January 1, 2023 Plus Fee per Non-Residential Ha (or part thereof) of Land Area $180.00 $185.00 N January 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area $110.00 $115.00 N January 1, 2023 Release of Draft Plan of Subdivision/Clearance Fee $1,300.00 $2,000.00 N January 1, 2023 Plan of Condominium - Pre-submission Review Draft Plan of Condominium $5,400.00 N January 1, 2023 Common Element Condominium $7,900.00 N January 1, 2023 Recirculation 7 $2,000.00 N January 1, 2023 Condominium Conversion $7,900.00 N January 1, 2023 Revisions to a Draft Approved Plan - (redline revisions) $3,100.00 N January 1, 2023 Plan of Condominium - Application Draft Plan of Condominium $16,720.00 $13,600.00 N January 1, 2023 Common Element Condominium $23,000.00 $19,300.00 N January 1, 2023 Condominium Conversion $23,000.00 $19,300.00 N January 1, 2023 Release of Draft Plan of Condominium/Clearance Fee $1,300.00 $2,000.00 N January 1, 2023 Site Plan - Pre-submission Review Residential See "All Uses Residential, Non-Residential, Mixed- Use) N January 1, 2023 City Development Department - Planning User Fee or Charge 2022 Current Fee (Excluding HST) 2023 Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date Commercial See "All Uses Residential, Non-Residential, Mixed- Use) N January 1, 2023 Industrial See "All Uses Residential, Non-Residential, Mixed- Use) N January 1, 2023 All Uses (Residential, Non-Residential, Mixed-Use) - Base Fee $5,300.00 N January 1, 2023 Plus Fee per Residential Unit First 25 units (1-25) $370.00 N January 1, 2023 Next 75 units (26-100) $300.00 N January 1, 2023 Next 100 Units (101-200) $225.00 N January 1, 2023 Next 800 Units (201-1,000) $55.00 N January 1, 2023 Plus Fee per 2,000 m2 (or part thereof) of Non-Residential GFA $4,405.00 N January 1, 2023 Recirculation 7 $2,000.00 N January 1, 2023 Applicant Initiated Revision Base Fee N January 1, 2023 Site Plan - Application Review Residential See "All Uses Residential, Non-Residential, Mixed- See "All Uses Residential, Non-Residential, Mixed- Use) N January 1, 2023 Commercial See "All Uses Residential, Non-Residential, Mixed- See "All Uses Residential, Non-Residential, Mixed- Use) N January 1, 2023 Industrial See "All Uses Residential, Non-Residential, Mixed- See "All Uses Residential, Non-Residential, Mixed- Use) N January 1, 2023 All Uses (Residential, Non-Residential, Mixed-Use) - Base Fee $9,975.00 $2,900.00 N January 1, 2023 Plus Fee per Residential Unit First 25 units (1-25) $560.00 $145.00 N January 1, 2023 Next 75 units (26-100) $450.00 $115.00 N January 1, 2023 Next 100 Units (101-200) $335.00 $85.00 N January 1, 2023 Next 800 Units (201-1,000) $85.00 $20.00 N January 1, 2023 Plus Fee per 2,000 m2 (or part thereof) of Non-Residential GFA $6,630.00 $1,695.00 N January 1, 2023 Site Plan Agreement and Clearance of Conditions N/A $7,300.00 N January 1, 2023 Compliance Inspections/LC Release Report (includes 2 inspections) $940.00 $960.00 N January 1, 2023 Additional Compliance Inspections $400.00 $410.00 N January 1, 2023 Other Fees Request for Zoning Information $50.00 $55.00 N January 1, 2023 Zoning Certificate - Residential (single, semi, townhouse, accessory structure) initial review + 1 revision $150.00 N January 1, 2023 Zoning Certificate - Development (within infill precincts, ORM, or requiring MDS calculation) initial review + 1 revision $580.00 N January 1, 2023 Zoning Certificate - Mixed-use/Multi Residential/Non-Residential (industrial, commercial, institutional) initial review + 1 revision $695.00 N January 1, 2023 Peer Reviews 15 Full recovery of City costs + 10% admin. fee Full recovery of City costs + 10% admin. fee Y January 1, 2023 City Development Department - Planning User Fee or Charge 2022 Current Fee (Excluding HST) 2023 Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date Minor Revision to Approved Condo Site Plan (by unit owner) i.e., decks, sheds, fences $115.00 $115.00 N January 1, 2023 File Reactivation 16 $2,040.00 $5,230.00 N January 1, 2023 Opinion Letter for Complex Inquiries $560.00 $1,200.00 N January 1, 2023 Add Street Name to Approved List $1,020 $1,070 Y January 1, 2023 Request to Change Municipal Address $1,020 $1,070 Y January 1, 2023 Request for Exception to Council Adopted Policies on Municipal Addressing and Street Naming $5,230.00 $6,040.00 N January 1, 2023 Refund of Application Fees 17 10% Admin. Fee $0 Y January 1, 2023 Film Location Permit $250.00 $350.00 Y January 1, 2023 Film Location Permit and Road Closure $500.00 Y January 1, 2023 Any other matter requiring a Report to Committee or Council $6,040.00 N January 1, 2023 1. Fee applicable after Council adoption. 2. Oak Ridges Moraine applications, minor additions to existing bldgs (up to 20% of the current gross floor area), inclusion of related uses, 3. An application for an amendment that is more significant in scale and scope than a minor zoning amendment, and which may have greater impact beyond the subject lands, as determined by the Director, City Development or designate. Major applications must meet one or more of the following conditions: - an application relating to more than one property - a site specific application, if considered to represent a large scale redevelopment - any change in use and/or zone category, except as identified under a minor amendment - an application involving significant changes to the development standards or general provisions of the by-law - an application which requires major technical studies and extensive consultation 4. Applies to blocks intended to be developed for commercial, industrial, and institutional uses (including school blocks). 5. Excludes lands to be conveyed for roads, parkland, natural hazards, and stormwater or other public infrastructure. 6. An application for minor or small scale zoning amendment having no significant impact on adjoining lands, as determined by the Director, City Development or designate. Minor applications must be site specific and meet one or more of the following conditions: - request for additional permitted use, within an existing building with no significant impact on existing development standards - changes in development standards or zone to accommodate a residential severance to create one additional lot - application for Temporary Use 7. Pre-Submission Review Charges include two resubmissions before re-circulation fees apply. Recirculation fees will be charged for the fourth submission and every submission thereafter. 8. An Application may apply for reconsideration provided that the resolution of the issue of concern: -does not change the nature of the proposal; -is minor and technical in nature and I not expected to result in fundamental changes to the layout and design of the proposal; -does not involve re-engagement with the public; and -does not require recirculation of the application to external agencies. 9. A major Minister's Zoning Order application is where the proposed use or standards do not comply with the City's zoning by-law and a Report to Council is required. 10. A minor Minister's Zoning Order application is where the proposed use or standards comply with the City's zoning by-law. 11. An application that is more significant in scale and scope than a minor amendment and which may have greater impact or policy implications beyond the subject lands, as determined by the Director, City Development or designate. Major applications must meet one or more of the following conditions: - an application which requires major technical studies and extensive consultation - an application relating to more than one property - a site specific application if considered to represent large scale redevelopment or significant change to the designations and permitted uses - an application involving significant changes to the policies of the Official Plan 12. An application for a minor, site specific and small scale amendment or exception to Official Plan policies and designations, having limited impact or policy implications beyond the subject lands, as determined by the Director, City Development or designate. 13. An application to amend a Neighbourhood Development Guideline when the development proposal would necessitate an amendment to the Guideline or there is no other planning application being processed by Council. 14. Charged only if no other planning applications are being processed by Council. 15. The applicant is responsible for the City's full costs of undertaking the peer review of any studies or drawings submitted in support of the application. This requirement applies to matters such as, but not limited to, the peer review of traffic, marketing, environmental, noise, engineering drawings and reports, and architectural drawings. City Development Department - Planning User Fee or Charge 2022 Current Fee (Excluding HST) 2023 Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date 16. Fee applies to planning applications that have been inactive over 1 year but less than 2 years. If the file has been inactive 2 or more years, the file will be closed without notice and a new application will be required with current application fees being applied. 17. Also subject to deduction of credit card fee if paid by credit card. Attachment #1 to Report PLN 47-22 Report to Council Report Number: PLN 22-22 Date: April 25, 2022 From: Kyle Bentley Director, City Development & CBO Subject: Environmental Registry Postings 019-5284 and 019-5285 -Comments on proposed Bill 109, More Homes For Everyone -File: L-1100-057 Recommendation: 1.That Council endorse the comments prepared by staff in Report PLN 22-22; and 2.That Council authorize staff to respond to Environmental Registry of Ontario numbers 019-5284 and 019-5285 with a copy of Report PLN 22-22 and Council’s resolution thereon, and that a copy of Report PLN 22-22 be forwarded to the Minister of Municipal Affairs and Housing, MPP Peter Bethlenfalvy, the Regional Municipality of Durham, and other Durham Area Municipalities. Executive Summary: On March 30, 2022, the Ministry of Municipal Affairs and Housing posted two proposals on the Environmental Registry of Ontario (ERO), numbers 019-5284 and 019-5285, for a 30-day commenting period, to seek input on proposed changes to a number of pieces of legislation, including the Planning Act. These changes are intended to streamline the development approvals process and increase housing supply in Ontario. This report contains comments on, and an assessment of, possible implications of the proposed legislative changes. Comments are requested by April 29, 2022. City staff are seeking Council’s endorsement of these comments, and authorization to submit them to the ERO. Financial Implications: This report has no direct financial implications for the City. However, Section 2 of the report outlines impacts to the City’s application revenues, should the proposed Provincial legislation proceed. 1.Background On March 30, 2022, the government released its More Homes for Everyone Plan, that proposes targeted policies and initiatives to address market speculation, protect homebuyers, and increase housing supply. Bill 109 – the More Homes for Everyone Act, 2022, was introduced as part of this initiative, and the City has an opportunity to offer feedback on the changes proposed under the legislation. The due date for municipalities to comment on the draft bill is April 29, 2022. The More Homes for Everyone Plan was preceded by: Report PLN 22-22 April 25, 2022 Subject: Bill 109, More Homes For Everyone Page 2 • the Province’s Housing Affordability Task Force’s report released on February 8, 2022; • the Ontario-Municipal Housing Summit and Rural Housing Roundtable; and • feedback from municipalities and meetings with the leaders of municipal organizations. The two key messages received by the Provincial government were: streamline the development approvals process; and increase housing supply. The following sections detail the proposed changes in Bill 109, that are expected to be of greatest interest to the City, followed by staff’s recommendations in bold. 2. Proposed Changes 2.1 Site Plan Control The Province is proposing to extend the site plan application review timeframe from 30 to 60 days. The review time referenced is the one that allows an applicant to appeal the municipality’s failure to approve the submitted plans and drawings to the Ontario Land Tribunal 30 days after the application is deemed complete. Based on many years of experience, it is the opinion of staff that 30 days is completely unrealistic to achieve site plan approval, and that 60 days is equally unrealistic. The City has not had any appeals of this nature in the past 20 years. Approval timeframes depend on many things, including response times from commenting agencies, and staffing resources to process the volume of applications, that are not always within the City’s control. Some of the agencies with the longest response times are Provincial (such as the Ministry of Transportation). In addition, applicant response time to address missing or required material is definitely not within the control of the municipality, and has a major impact on timeframes. In 2020, the Planning & Design Division converted to electronic submission, and circulation of planning applications. The City is continuously improving its development review process, with the goal of efficiently facilitating development, including that of quality, and location-appropriate, new housing supply. Staff recommend that the site plan application review timeframe be based on realistic timeframes experienced by municipalities across the Province. 2.2 Refund Application Fee The Province is proposing to require municipalities to refund site plan control application fees and zoning by-law amendment application fees, on a graduated scale, if a decision on an application has not been made within the required timeframes. Requiring the City to refund application fees unfairly places the responsibility for delays exclusively on municipalities. Commenting agencies that also require a review fee (i.e., Durham Region, conservation authorities) are not being required to refund the fees they collect. It also absolves applicants of responsibility when sub-par studies and application materials results in multiple resubmissions. Report PLN 22-22 April 25, 2022 Subject: Bill 109, More Homes For Everyone Page 3 In the case of zoning by-law amendments, this requirement would unfairly penalize the City for responding to new information brought forward at the public meeting, which requires further review or analysis. Development is intended to pay for development. Despite this principle, application fees only reflect a portion of the overall costs incurred by the City to review applications. The threat of refunding development application fees will not lead to faster decision making by municipalities. Instead, it will shift the full cost of municipal review onto the existing tax payers. If the Province chooses to move forward with this change, the City could choose to review and update the Fees By-law by instituting a resubmission fee that is equal to the amount of the initial application fee. If the City must forfeit the original application fee due to required revisions to the application materials, the applicant should be held responsible for the lost revenue and increased timeframes. However, this will still not address the scenarios, where delays are caused by late responses from public agencies. Staff strongly recommend that the Province not proceed with this change. 2.3 Plans of Subdivision The Province is proposing to establish a regulation-making authority to determine what can and cannot be required as a condition of a draft plan of subdivision approval, with the goal of preventing scope creep. It is unclear at this time what conditions will be included within/excluded from subdivision approvals. Some standards could be Province-wide but others may not be appropriate since standards should be tied to local context, and specific issues identified during the review of the subdivision. For example, stormwater management controls differ across various parts of the municipality, or a condition may be imposed to address a community or neighbourhood concern. Staff recommend that the Province not proceed with this change. In addition, the Province is proposing to grant municipalities a one-time discretionary authority to reinstate draft plans of subdivision that have lapsed within the past five years in the cases where units have not been pre-sold. Staff supports this change, as long as the decision of whether or not to reinstate the recently lapsed draft plans of subdivision remains at the municipalities’ discretion, and that such plans still constitute good planning. There may be circumstances where the underlying conditions have changed since the original approval, that would require a revision to the original plan of subdivision. Staff recommend that the Province proceed with this change, provided that municipalities have the authority to choose whether or not to use it. Report PLN 22-22 April 25, 2022 Subject: Bill 109, More Homes For Everyone Page 4 2.4 Development Securities The Province is proposing to establish regulation-making authority to authorize landowners and applicants to stipulate the type of surety bonds used to secure obligations in development agreements. The City currently accepts surety bonds issued by financial institutions that have a credit rating of “A”, as measured by AM Best rating agency. As part of the rating process undertaken by the rating agency, a comprehensive analysis is completed, consisting of quantitative and qualitative evaluation of balance sheet strength, operating performance, business profile, and enterprise risk. However, a rating of a company is a point in time measurement, and it cannot be considered as a fact or guarantee of future credit quality and/or future financial solvency. When a rating agency provides its opinion, it is provided on an “as is” basis without any expressed or implied warranty. Although the City tries to mitigate its risks, by only accepting surety bonds issued by highly rated financial institutions, the surety bond does not provide the same level of guarantee or financial security as a “Letter of Credit”. If the Province adopts legislation to compel municipalities to accept surety bonds over letter of credits, the Province should be the guarantor of last resort to mitigate the financial risk for the City. Staff recommend that the Province not proceed with this change. If the Province chooses to proceed with this change, then staff recommend that the Province be the guarantor of last resort for these bonds. 2.5 New Reporting Requirements The Province is proposing that the annual treasurer's statement should set out whether the municipality still anticipates incurring the capital costs projected in the municipality's DC background study for a given service. If not, an estimate of the anticipated variance from that projection would be provided along with an explanation for it. The major concern is what is meant by the term “variance” and “service”. If the terms encompass detailed analysis, including specific project timing or cost changes, the reporting could become burdensome. Staff recommend that the Province release a full draft of the regulation change so that staff can provide robust feedback. The Province is proposing that municipalities report on how the municipal need for parks, set out within their parks plans, is being addressed through the parkland dedication levies they are collecting. The need for outdoor amenity space to serve the residents of our City is not being fully met through the amount of public parkland being acquired from parkland dedication or equivalent cash contribution. Similar to Development Charges, the City currently reports the activity for our Parkland Dedication Reserve Fund on our annual Treasurer’s Statement. If required, the City can also provide a listing of committed and forecasted projects to give full transparency on how Parkland Dedication levies are being utilized. Staff have no objection to the Province proceeding with this change. Report PLN 22-22 April 25, 2022 Subject: Bill 109, More Homes For Everyone Page 5 2.6 Development Related Charges The Province is proposing to require municipalities to post annual financial reports for development-related charges on their websites. Since this is already being done by the City, staff recommend that the Province proceed with this change. The Province is also proposing to mandate a five-year review cycle of community benefit charges (CBCs) for municipalities that have implemented them, with a requirement that councils pass a by-law to indicate if changes are required. The City’s Finance Department has undertaken work, with the assistance of a consultant, to develop a CBC strategy by September 2022. Given the dynamic nature of city development and factors impacting growth, it would be appropriate to mandate a periodic review of CBCs. Staff recommend that the Province proceed with this change. 2.7 Parkland Dedication The Province is proposing to implement a tiered alternative parkland dedication rate, that would only apply to Transit-Oriented Community developments. For smaller sites that are 5 hectares or less, the parkland dedication would be up to 10 percent of the land or equivalent value. For sites larger than 5 hectares, parkland dedication would be up to 15 percent of the land or its equivalent value. This change is intended to provide certainty to developers about the parkland commitment/costs associated with development. This provision applies only to lands designated, by a Provincial Order in Council, as Transit Oriented Community land, under the Transit Oriented Communities Act, 2020. At this time, no parts of Pickering have been designated Transit Oriented Community. The proposed change would reduce the overall amount of parkland provided at these high density locations. Currently, municipalities have the ability to request a parkland ratio of 1 hectare of parkland for every 300 units (or part thereof). The proposed method for calculating parkland would result in the same amount of parkland being provided whether the site was developed for 50 units or 500 units. Staff recommend that the Province not proceed with this change. In addition, the Province is proposing that a Minister’s order could identify that encumbered land could be used as part of the parkland dedication requirements provided to a municipality. This provision is also only for lands designated, by a Provincial Order in Council, as Transit Oriented Community land, under the Transit Oriented Communities Act, 2020. Encumbered lands would include lands above servicing easements which would limit tree plantings and other recreational infrastructure. In addition, this land may not be appropriately sized or located to provide effective park space (i.e., long and narrow strips of land). Staff recommend that the Province not proceed with this change. Report PLN 22-22 April 25, 2022 Subject: Bill 109, More Homes For Everyone Page 6 2.8 Community Infrastructure and Housing Accelerator The Government of Ontario is introducing the Community Infrastructure and Housing Accelerator (CIHA) tool which would allow municipalities to submit a request to the Minister of Municipal Affairs and Housing to expedite approvals for local priorities such as market-rate housing, non-profit housing, and long-term care facilities. Local councils would be required to pass a council motion, and to host a public meeting to discuss the use of a CIHA for each project. Finally, a municipality would submit a request to the Minister of Municipal Affairs, who could impose conditions on the CIHA. The order, however, is not required to comply with the Provincial Policy Statement, Provincial Plans (except the Greenbelt Plan) or official plans. The new CIHA tool resembles municipally requested Minister’s Zoning Orders (MZOs), but with added public consultation requirements to ensure that residents have an opportunity to provide feedback on such requests. This approach provides more transparency to the MZO process that has been applied over the last several years. While the City can still advocate to the Province for rapid approval of development with high community benefits, this new tool would formalize a process for public engagement that may resemble a traditional rezoning. While not needing to comply with higher order provincial planning documents and official plans, staff caution that any such requests should be located where appropriate services, facilities, servicing capacity, and other amenities are available. Further, the location should represent logical and orderly development, and good planning. Staff recommend that the Province proceed with this change. 2.9 Data Collection Planning Act amendments are being proposed to require public reporting by planning authorities on development applications that have been submitted, are deemed complete, are under review, and approved. Staff recommend that the Province proceed with this change as this is already being done by the City. In addition, the Province is proposing to create a “development approvals data standard” to ensure a more efficient and streamlined approvals process and coordination between municipalities and the development industry. In 2020, the City installed Bluebeam Revu software for the review of building permit applications. This software and standard practice improvement has facilitated the electronic submission, circulation, and review of building permit applications, which has made the overall process more convenient for customers (i.e., submissi ons can be made remotely rather than in-person). While it has taken time to establish templates and processes to support paperless plans review, and to train staff, the move to electronic markup has proven to be an improvement to operations. Report PLN 22-22 April 25, 2022 Subject: Bill 109, More Homes For Everyone Page 7 With the support of the Provincial Streamline Development Approval Fund, staff are in the midst of pursuing an expansion of the digital application system to include a public portal, with user dashboard functionality, which will further integrate processes and improve the customer experience. Staff recommend that the Province proceed with this change as this is already being done by the City. 2.10 Ontario Land Tribunal and the Landlord and Tenant Board The Province of Ontario is investing $19 million to reduce the backlog of cases and increase the decision-making speed at the Ontario Land Tribunal (OLT) and Landlord and Tenant Board. Any additional investment to the OLT and Landlord and Tenant Board will provide benefit to resolving outstanding land use matters and encouraging private investment in housing and, in particular, the rental market. Staff recommend that the Province proceed with this change. 2.11 Regional Official Plan Amendments Amendments are being proposed that allows the Minister, where they are the approval authority for Regional/Upper tier Official Plans and amendments thereto, to suspend the 120-day approval period, after which the municipalities would be able to appeal the failure to make a decision. Also, it allows the Minister to refer these approvals to the OLT for a recommendation and/or a decision. The ability of suspending the 120-day approval period, in essence suspending the ability of the municipality to appeal, is an admission that the planning review and approval process is complex and time consuming. It appears that this proposed change will add an additional layer of litigation to the approval process for Regional Official Plans and Amendments. This change would be counter-productive to the goal of speeding up the approval of new housing approval. Further details are required to understand the full implications of this change. Staff recommend that the Province not proceed with this change. 2.12 Planning For Future Growth The Province is proposing to connect transit ridership forecasts to growth of housing and employment. In principle, connecting transit investments with population growth makes sense. However, it is unclear how transit and land use planning will be impacted by this change. Staff recommend that the Province provide further information about this change. Report PLN 22-22 April 25, 2022 Subject: Bill 109, More Homes For Everyone Page 8 2.13 Ontario Homebuyer and Renter Protections The Province of Ontario is also introducing new provisions to protect residents who buy, own, and rent homes. This includes: • increasing the non-resident speculation tax rate from 15% to 20%, and the expansion of this tax across Ontario; • establishing a province-wide working group with municipalities who intend on establish a vacant home tax, where best practices can be shared; • working to establish measures relating to land speculation, such as construction shutdowns, which can be used to drive up housing costs; • amending the New Home Construction Licensing Act, 2017 and the Ontario New Home Warranties Plan Act to increase the fines and administrative penalties; • empowering the new home building industry regulator, the Home Construction Regulatory Authority, with a mandate to address “unethical builder and vendor conduct”; • requiring a condominium information sheet for pre-construction units, and increasing the amount of interest that is payable on new construction units in situations such as when a project is cancelled, to benefit new homebuyers. These changes could help prevent land speculation that inflates housing prices, and could also increase protection of homeowners from unethical practices within the building industry. Staff recommend that the Province proceed with these changes. 2.14 Using Surplus Provincial Lands The Province is proposing a Centre of Realty Excellence (CORE) that would determine how Ontario could better utilize its portfolio of surplus land for projects, such as long-term care and non-profit housing. This would include developing a process to streamline access to these lands for housing providers. Staff recommend that the Province proceed with this change. The Province may also consider issuing proposal calls for these lands. 3. Conclusion The legislation introduced on March 30, 2022 has been posted to the Environmental Registry of Ontario for a 30-day comment period which closes on April 29, 2022. According to the current standing orders of the legislature, the final day that the House may meet before the Provincial election is May 4, 2022. Staff are doubtful that the changes proposed by Bill 109 will lead to more rapid development approvals. Simply saying it must be done faster, and imposing financial penalties directly affecting the funding of staff to process such applications, does not mean it can be done faster, given the number of applications and the number of stakeholders who must contribute to the planning approval process. Further, the Report PLN 22-22 April 25, 2022 Subject: Bill 109, More Homes For Everyone Page 9 proposed changes do not directly provide for the creation of affordable housing or high quality urban design. Municipalities are being asked to make a number of compromises, in favour of the idea of accelerated development approvals. Staff recommend that Council endorse the comments contained within Report PLN 22-22 and direct staff to respond to ERO postings 019-5284 and 019-5285 with a copy of Report PLN 22-22 and Council’s resolution. Prepared By: Original Signed By Paul Wirch, RPP Principal Planner, Policy Original Signed By Déan Jacobs, MCIP, RPP Manager, Policy & Geomatics Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO PW :ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Watson & Associates Economists Ltd. 905-272-3600 November 15, 2022 info@watsonecon.ca Attachment #2 to Report PLN 47-22 Planning Application Fee Review – Update Study City of Pickering ________________________ Final Report Watson & Associates Economists Ltd. H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Table of Contents Page 1. Introduction ...................................................................................................... 1-1 1.1 Background ............................................................................................. 1-1 1.2 2022 Update Study ................................................................................. 1-1 1.3 Legislative Context for Fees Review ....................................................... 1-3 1.3.1 Planning Act, 1990 ..................................................................... 1-3 1.3.2 Bill 109, More Homes for Everyone Act,2022 ............................ 1-5 1.3.3 Municipal Act, 2001 .................................................................... 1-6 2. Activity-Based Costing Methodology ............................................................ 2-1 2.1 Methodology ........................................................................................... 2-1 2.2 Costing Category Definition .................................................................... 2-2 2.3 Processing Effort Cost Allocation ............................................................ 2-4 2.4 Direct Costs ............................................................................................ 2-5 2.5 Indirect Cost Functions and Cost Drivers................................................ 2-6 2.6 Capital Costs .......................................................................................... 2-6 3. Staff Capacity Utilization Results ................................................................... 3-1 4. Cost Recovery Analysis and Full Cost Fee Recommendations .................. 4-1 4.1 Introduction ............................................................................................. 4-1 4.2 Annual Costs of Service and Current Cost Recovery Levels .................. 4-1 4.3 Planning Application Fee Rate Structure Analysis and Recommendations .................................................................................. 4-3 5. Impact Analysis of Recommended Fee Structure ........................................ 5-1 5.1 Low Density Residential Development Impacts ...................................... 5-1 5.2 Medium Density Residential Development Impacts ................................ 5-2 5.3 High Density Residential Development Impacts ..................................... 5-3 5.4 Retail Development Impacts ................................................................... 5-4 5.5 Industrial Development Impacts .............................................................. 5-5 5.6 Development Impact Analysis Summary ................................................ 5-6 6. Conclusion ....................................................................................................... 6-1 Table of Contents (Cont’d) Page Watson & Associates Economists Ltd. H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Appendix A Development Impact Tables ................................................................ A-1 Report Watson & Associates Economists Ltd. H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Chapter 1 Introduction Watson & Associates Economists Ltd. PAGE 1-1 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx 1. Introduction 1.1 Background In 2017, Watson and Associates Economists Ltd. (Watson), was retained by the City of Pickering (City) to undertake a comprehensive update to the development approval application process (D.A.A.P) fee reviews that Watson had previously undertaken for the City in 2005 and 2013. The 2017 review assessed the activity-based costs (A.B.C.) of processing planning applications under the authority of the Planning Act, development services (engineering) fees under the authority of the Municipal Act, and building permit fees for the administration and enforcement of the Building Code Act. The 2017 study was, in part, undertaken in response to development patterns within the City continuing to bring about changes in planning application and building permit volumes, and changes in application characteristics resulting in budgetary pressures. Furthermore, there had also been changes to service levels implemented by the City, regulatory requirements, complexity of applications, and approvals processes. Since the completion of the 2017 Study the previously witnessed trends in development activity and nature of the proposed developments have continued to put pressure on staff resources to process development applications and on revenues to fund the City’s costs of processing planning applications. Moreover, processing planning applications are requiring a greater intensity of staff involvement due to increased public engagement (including increased staff time to facilitate on-line engagements), and to provide increases in service such as the implementation of the City’s Integrated Sustainable Design Standards that come into effect January 1, 2023. 1.2 2022 Update Study In response to the foregoing changes, Watson was requested to undertake an update to the 2017 Study to with the objective of determining new planning application fees reflective of the anticipated processing costs of processing planning applications (2022 Fee Update). During the process of undertaking the 2022 Fee Update, the Province released Bill 109, More Homes for Everyone Act. One of the amendments to the Planning Act brought Watson & Associates Economists Ltd. PAGE 1-2 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx forth through Bill 109 are requirements for municipalities to refund Zoning By-Law Amendment and Site Plan application fees if legislated timeframes for decisions/approvals are not met. Furthermore, Bill 109 also includes the ability for municipalities to deem Site Plan applications incomplete and require additional information to be provided with the submission of an application. As such, the City is updating their application approvals procedures to mitigate the financial risk associated with not meeting the decision/approval timeframes, while ensuring they are able to continue to provide a high-quality service to applicants and meet the requirements of the Planning Act and Provincial Policy Statement pertaining to development approvals. The proposed procedural changes have been considered in the fee recommendations and full cost analysis herein. The amendments to the Planning Act made through Bill 109 are further discussed in Section 1.3.2. and the proposed procedural changes within the City are discussed in Section 2.3. The Province has also recently introduced into legislature Bill 23, More Homes Built Faster Act, 2022. Bill 23 proposes a number of changes to the Planning Act and other growth management and long-range planning initiatives at the municipal level, amongst changes to other pieces of legislation. Some of the planning related changes include: • Increased housing targets by municipality (including for the City); • Removal of planning policy and approval responsibilities for the Region of Durham; • Creation of Supporting Growth and Housing in York and Durham Regions Act 2022 to require York and Durham Regions to work together to enlarge and improve the existing York Durham Sewage System; • Integration of Place to Grow and Provincial Policy Statement • Review and revocation of the Central Pickering Development Plan; and • Changes to expand/support rental and affordable housing supply opportunities. At the time of writing, Bill 23 has not received Royal Assent and the proposed changes are not yet in effect. As such, the impacts of those changes have not been considered within this review and will be assessed by the City as the Bill moves through the legislative approvals process. Watson & Associates Economists Ltd. PAGE 1-3 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx This technical report summarizes the legislative context for the 2022 Fee Update, provides in detail, the methodology utilized to assess the full costs of processing D.A.A.P. fee applications and presents the full costs of service and recommended fee schedules. 1.3 Legislative Context for Fees Review The context for the 2022 Fee Update is framed by the statutory authority available to the City to recover the costs of service. The statutory authorities that must be considered are the Planning Act, 1990 which governs the imposition of fees for recovery of the anticipated costs of processing planning applications, and Part XII (s.391) of the Municipal Act, 2001 for municipal services without prescribed statutory authority, such as post planning application approval engineering review and clearance of conditions. 1.3.1 Planning Act, 1990 Section 69 of the Planning Act allows municipalities to impose fees through by-law for the purposes of processing planning applications. In determining the associated fees, the Act requires that: The council of a municipality, by by-law, and a planning board, by resolution, may establish a tariff of fees for the processing of applications made in respect of planning matters, which tariff shall be designed to meet only the anticipated cost to the municipality or to a committee of adjustment or land division committee constituted by the council of the municipality or to the planning board in respect of the processing of each type of application provided for in the tariff. Section 69 establishes many cost recovery requirements that municipalities must consider when undertaking a full cost recovery fee design study. The Act specifies that municipalities may impose fees through by-law and that the anticipated costs of such fees must be cost justified by application type as defined in the tariff of fees (e.g. Subdivision, Zoning By-Law Amendment, etc.). Given the cost justification requirements by application type, this would suggest that cross-subsidization of planning fee revenues across application types is not permissible. For instance, if Site Plan application fees were set at levels below full cost recovery for policy purposes this discount could not be funded by Subdivision application fees set at levels higher than Watson & Associates Economists Ltd. PAGE 1-4 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx full cost recovery. Our interpretation of the Section 69 is that any fee discount must be funded from other general revenue sources such as property taxes. The legislation further indicates that the fees may be designed to recover the “anticipated cost” of processing each type of application, reflecting the estimated costs of processing activities for an application type. This reference to anticipated costs represents a further costing requirement for a municipality. In addition, time spent on Ontario Land Tribunal (OLT) related activities would not constitute application processing. It is noted that the statutory requirement is not the actual processing costs related to any one specific application. As such, actual time docketing of staff processing effort against application categories or specific applications does not appear to be a requirement of the Act for compliance purposes. As such our methodology, which is based on staff estimates of application processing effort, meets with the requirements of the Act and is in our opinion a reasonable approach in determining anticipated costs. The Act does not specifically define the scope of eligible processing activities and there are no explicit restrictions to direct costs as previously witnessed in other statutes. Moreover, recent amendments to the fee provisions of the Municipal Act and Building Code Act are providing for broader recognition of indirect costs. Acknowledging that staff effort from multiple departments are involved in processing planning applications, it is our opinion that such fees may include direct costs, capital-related costs, support function costs directly related to the service provided, and general corporate overhead costs apportioned to the service provided. The payment of Planning Act fees can be made under protest with appeal to the OLT if the applicant believes the fees were inappropriately charged or are unreasonable. The OLT will hear such an appeal and determine if the appeal should be dismissed or direct the municipality to refund payment in such amount as determined by the Tribunal. These provisions confirm that fees imposed under the Planning Act are always susceptible to appeal. Unlike other fees and charges (e.g. development charges) there is no legislated appeal period related to the timing of by-law passage, mandatory review period or public process requirements. Watson & Associates Economists Ltd. PAGE 1-5 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx 1.3.2 Bill 109, More Homes for Everyone Act,2022 The Provincial Government introduced Bill 109, More Homes for Everyone Act, 2022 on March 30, 2022, which subsequently received Royal Assent on April 14, 2022. Bill 109 was in part, introduced in response to the recommendations from Ontario’s Housing Affordability Task Force that were provided to the Minister of Municipal Affairs and Housing to supporting housing affordability. Bill 109 amends multiple pieces of legislation including the Planning Act. The amendments to the Planning Act that are pertinent to this review are summarized below. 1.3.2.1 Complete Application Requirements for Site Plan Prior to the passage of Bill 109, municipalities had the ability, by by-law, to require consultation prior to submitting Site Plans for approval . However, municipalities now also have the ability to refuse an application on the grounds that it is not complete. Municipalities may now require any other information or material that the municipality considers it may need if the Official Plan contains provisions relating to the information requirements. If the municipality does not receive the plans and drawings or the other required information, the municipality may refuse the application and has 30 days from the submission of the application to notify the applicant that the application is not complete. 1.3.2.2 Zoning By-law Amendment and Site Plan Application Refund Requirements Sections 34 and 41 of the Planning Act, which speak to the approval of Zoning By-law Amendment and Site Plan applications were amended to include criteria for when municipalities would be required to refund application fees. Tiered application fee refunds are now required where a decision on a Zoning By-Law Amendment application or an approval of a Site Plan application are not made within the legislated timeframes. The refund requirements, which apply to applications that are received on or after January 1, 2023, are set out in Table 1-1 below. Watson & Associates Economists Ltd. PAGE 1-6 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Table 1-1 Bill 109 Application Refund Criteria and Timeframes Fee Refund Zoning By-law Amendment Applications Site Plan Applications 50% of the fee No decision within 90 days from the date of complete application* No approval within 60 days from the date of complete application* 75% of the fee No decision within 150 days from the date of complete application* No approval within 90 days from the date of complete application* 100% of the fee No decision within 210 days from the date of complete application* No approval within 120 days from the date of complete application* *Where Zoning By-law Amendment applications are made concurrent with Official Plan Amendment applications, 50% of the fees are refunded at 120 days, 75% of the fees are refunded at 180 days and 100% of the fees are refunded at 240 days. Sections 34 and 41 of the Planning Act contain provisions that a municipality may require by, by-law, that an applicant consult with the municipality before submitting applications. Both these sections of the Act also contain provisions that if either prescribed information or other information that a Council may require, if identified in the Official Plan, is not provided, the Council may refuse to accept or further consider the application. If the required information and material is not provided, the refund timeframes referred to Table 1-1 do not begin. 1.3.3 Municipal Act, 2001 Part XII of the Municipal Act provides municipalities and local boards with broad powers to impose fees and charges via passage of a by-law. These powers, as presented in s.391 (1), include imposing fees or charges: • “for services or activities provided or done by or on behalf of it; • for costs payable by it for services or activities provided or done by or on behalf of any other municipality or any local board; and • for the use of its property including property under its control.” This section of the Act also allows municipalities to charge for capital costs related to services that benefit existing persons. The eligible services for inclusion under this subsection of the Act have been expanded by the Municipal Statute Law Amendment Act. Moreover, the amendments to the Act have also embraced the broader recognition Watson & Associates Economists Ltd. PAGE 1-7 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx for cost inclusion within municipal fees and charges with recognition under s.391(3) that “the costs included in a fee or charge may include costs incurred by the municipality or local board related to administration, enforcement and the establishment, acquisition and replacement of capital assets”. Fees and charges included in this review, permissible under the authority of the Municipal Act would include fees related to engineering review of site works and drawings, sign variances, and tree conservation permits, amongst others that are not specifically provided for under the Planning Act. In contrast to cost justification requirements under other legislation, the Municipal Act does not impose explicit requirements for cost justification when establishing fees for municipal services. However, in setting fees and charges for these services, municipalities should have regard for legal precedents and the reasonableness of fees and charges. The statute does not provide for appeal of fees and charges to the OLT., however, fees and charges may be appealed to the courts if municipalities are acting outside of their statutory authority. Furthermore, no public process or mandatory term for fees and charges by-laws is required under the Act. There is, however, a requirement that municipal procedural by-laws provide for transparency with respect to the imposition of fees and charges. Watson & Associates Economists Ltd. H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Chapter 2 Activity-Based Costing Methodology Watson & Associates Economists Ltd. PAGE 2-1 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx 2. Activity-Based Costing Methodology 2.1 Methodology An A.B.C. methodology, as it pertains to municipal governments, assigns an organization's resource costs, through activities, to the services provided to the public. Conventional municipal accounting structures are typically not well suited to the costing challenges associated with development or other service processing activities, as these accounting structures are department focussed and thereby inadequate for fully costing services with involvement from multiple municipal departments. An A.B.C. approach better identifies the costs associated with the processing activities for specific user fee types and thus is an ideal method for determining full cost recovery fees. As illustrated in Figure 2-1, an A.B.C. methodology attributes processing effort and associated costs from all participating municipal departments to the appropriate user fee costing categories. The resource costs attributed to processing activities and user fee categories include direct operating costs, indirect support costs, and capital costs. Indirect support function and corporate overhead costs are allocated to direct departments according to operational cost drivers (e.g. information technology costs allocated based on the relative share of departmental personal computers supported). Once support costs have been allocated amongst direct departments, the accumulated costs (i.e. indirect, direct, and capital costs) are then distributed across the various user fee costing categories, based on the department’s direct involvement in the processing activities. The assessment of each department’s direct involvement in the application review process is accomplished by tracking the relative shares of staff processing effort across each user fee costing category’s sequence of mapped process steps. The results of employing this costing methodology provides municipalities with a better recognition of the costs utilized in delivering fee review processes, as it acknowledges not only the direct costs of resources deployed but also the operating and capital support costs required by those resources to provide services. The following sections of this chapter review each component of the A.B.C. methodology as it pertains to the City’s planning application fee review. Watson & Associates Economists Ltd. PAGE 2-2 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Figure 2-1 Activity Based Costing Conceptual Cost Flow Diagram 2.2 Costing Category Definition The fee recoverable services considered within the scope of this study are captured in various cost objects or costing categories. A critical component of the full cost D.A.A.P. review undertaken in previous years was the selection of the costing categories. This is an important first step as the process design, effort estimation, and subsequent costing is based on these categorization decisions. It is also important from a compliance standpoint where, as noted previously, the Planning Act requires fees to be cost justified by application type consistent with the categorization contained within the municipality’s tariff of fees. The fee categorization which is shown in Table 2-1 was developed during the City’s prior fee reviews and was maintained for this update. Watson & Associates Economists Ltd. PAGE 2-3 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Table 2-1 Planning Application Fee Types and Costing Categories Application Type Costing Category Plan of Subdivision Plan of Subdivision Plan of Subdivision - Oak Ridges Moraine/Greenbelt Revisions to Draft Approved Plan (Redline Revisions) Major Revisions (prior to Draft Plan Approval) Plan of Condominium Condominium Common Element Plan of Condominium Condominium Conversion Revisions to Draft Approved Plan (Redline Revisions) Pickering Official Plan Amendment Pickering Official Plan - Standard Pickering Official Plan - Complex Pickering Official Plan - Oak Ridges Moraine/Greenbelt Neighbourhood Development Guideline Amendment OPA-City Initiated Regional Official Plan Amendment Regional Official Plan Site Plan Site Plan (multi-residential, mixed use) Site Plan (commercial) Site Plan (industrial) Site Plan – Minor Revision Site Plan – Major Revision Site Plan-City Initiated Land Severance Comments Clearance of Conditions Council authorization to proceed by land division instead of draft plan of subdivision Minor Variance Accessory buildings, structures, decks, platforms & driveway widening Residential Minor (a lot for a Detached dwelling unit, Semi-detached dwelling unit and/or Freehold Townhouse dwelling unit) Residential Major (all other residential and mixed-use buildings) Institutional, Commercial & Industrial Tabling Fee & Recirculation (applicant initiated) Special Meeting Part Lot Control By-Law Part Lot Control By-Law Zoning By-Law Amendment Zoning By-Law Amendment - Standard Zoning By-Law Amendment - Complex Zoning By-Law Amendment - Oak Ridges Moraine/Greenbelt Zoning By-Law Amendment (s.37) Zoning By-Law Remove H Zoning By-law to Lift H – Complex / Block Plan Required ZBA-City Initiated Watson & Associates Economists Ltd. PAGE 2-4 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx 2.3 Processing Effort Cost Allocation In undertaking the 2017 Study, each participating staff member’s relative level of effort in processing planning-related applications was estimated by staff. This involved the development of application review process templates for each of the above-referenced application costing categories to guide staff’s estimation of effort expended. These 2017 processing effort estimates were applied to updated annual application volumes to produce annual processing time per position. Annual processing efforts per staff position were compared with each individual’s available annual capacity to determine overall service levels. Subsequent to this initial capacity analysis, working sessions were held with City staff to further define the scope and nature of Development Services staff involvement in planning application review activities and staff utilization levels to ensure resource allocations were reasonable and reflective of current service levels. Staff efforts related to planning policy, preparation for and defence of applications at OLT., and special projects not related to planning- related applications were excluded from the planning-related application processing activities. The capacity utilization results are critical to the full cost recovery review because the associated resourcing costs follow the activity generated effort of each participating staff member into the respective fee categories. As such, considerable time and effort was spent with staff ensuring the reasonableness of the capacity utilization results. The overall staff resource utilization levels resulting from these calculations are provided in Chapter 3 of this report. In response to the shorter application review timeframes that apply to Zoning By-Law Amendment and Site Plan applications before fee refunds would be required, and the ability to require additional information with a Site Plan application, the City is proposing to revise their application submission requirements and review procedures. In this regard the City is bringing forward an Official Plan Amendment, amended pre- Application Type Costing Category Minister Zoning Order Minister Zoning Order - Major Minister Zoning Order - Minor Watson & Associates Economists Ltd. PAGE 2-5 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx consultation by-law, and revised pre-consultation and pre-submission policies to clarify what information and reviews will be required prior to submitting a planning application for approval. These changes, which will apply to Official Plan Amendment, Zoning By- Law Amendment, Site Plan, Subdivision, and Condominium applications, are not anticipated to increase the overall level of City staff effort or costs. However, working sessions were held with City staff to understand how the levels of processing effort described above should be allocated to the pre-submission, application review, and post approval stages of the development review process. The intent of this assessment was to allow the City to design fees that better align the timing of cost recovery with when effort is expended. 2.4 Direct Costs Direct costs refer to the departmental budget expenditures representing the services provided. Based on the results of the staff capacity utilization analysis summarized above, the proportionate share of each individual’s direct costs is allocated to the respective costing categories. The direct costs included in the City’s costing model are taken from the City’s 2022 Budget and includes cost components such as: • Labour Costs, e.g. salary, wages, and benefits; • Insurance Costs; • Communication Costs; • Consulting, Professional and Outside Agency Costs; • Hardware and Software Maintenance Costs; • Utility Costs; • Repairs and Maintenance Costs; and • Materials, Supplies and Other Services. It should be noted that transfers to reserves (reserve funds) and transfers to capital have been excluded from the direct service costs, as these reflect financing costs. Moreover, capital costs have been provided for separately within the analysis. The following departments have direct participation in the review and approval of development applications. • Mayor and Council; • Office of the Chief Administrative Officer; Watson & Associates Economists Ltd. PAGE 2-6 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx • Corporate Services; • Fire Services; • Finance; • Community Services; • Engineering Services; • City Development Administration; • Planning Services; and • Building Services. 2.5 Indirect Cost Functions and Cost Drivers An A.B.C. review includes both the direct service cost of providing service activities as well as the indirect support costs that allow direct service departments to perform these functions. The method of allocation employed in this analysis is referred to as a step- down costing approach. Under this approach, support function and general corporate overhead functions are classified separate from direct service delivery departments. These indirect cost functions are then allocated to direct service delivery departments based on a set of cost drivers, which subsequently flow to planning application fee categories according to staff effort estimates. Cost drivers are a unit of service that best represent the consumption patterns of indirect support and corporate overhead services by direct service delivery departments. As such, the relative share of a cost driver (units of service consumed) for a direct department determines the relative share of support/corporate overhead costs attributed to that direct service department. An example of a cost driver commonly used to allocate information technology support costs would be a department’s share of supported personal computers. Cost drivers are used for allocation purposes acknowledging that these departments do not typically participate directly in the development review process, but that their efforts facilitate services being provided by the City’s direct departments. 2.6 Capital Costs The inclusion of capital costs within the full cost review follow a methodology similar to indirect costs. The annual replacement value of assets commonly utilized to provide direct department services has been included to reflect capital costs of service. The replacement value approach determines the annual asset replacement value over the Watson & Associates Economists Ltd. PAGE 2-7 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx expected useful life of the respective assets. This reflects the annual depreciation of the asset over its useful life based on current asset replacement values using a sinking fund approach. This annuity is then allocated across all fee categories based on the capacity utilization of direct departments. Watson & Associates Economists Ltd. H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Chapter 3 Staff Capacity Utilization Results Watson & Associates Economists Ltd. PAGE 3-1 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx 3. Staff Capacity Utilization Results The application review processes considered within this assessment involves to varying degrees, staff from multiple departments across the organization as summarized in Section 2.4. Processing effort estimates in this study reflect the City’s anticipated business processes as discussed in Section 2.3, average application volumes, and staffing allocation patterns in place across City departments. Moreover, the processing effort estimates were developed with regard to the typical application types undertaken within the 2018-2022 period. It is important to note that the capacity utilization levels refer to deployment of staff resources in the provision of services included within the scope of this review. As a result, staff who are predominantly utilized in processes that are not part of this review may show low utilization levels, reflecting their allocation of resources to other service offerings. The utilization figures reflected in this study are only specific to efforts related to the fee categories under review. They do not encompass the breadth of job duties regularly undertaken by City staff, the vast majority of which are not within the scope of this review. Table 3-1 summarizes the utilization of staff from across the City in processing planning applications from a percentage of annual time and on a utilized full time equivalent (FTE) basis. Across the City, 21.9 FTE staff positions are utilized with 86% of those resources coming from staff within the Planning and Urban Design Division or City Development Administration. The Planning and Urban Design Division and City Development Administration are 48% and 55% utilized, respectively, reflecting time spent on other organizational initiatives such as planning policy which is not included in the definition of application processing activities. Involvement from staff outside of the City Development Department account for 14% of the annual staff effort, with the Engineering department accounting for 10% of the total staff efforts. Watson & Associates Economists Ltd. PAGE 3-2 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Table 3-1 Staff Capacity Utilization by Department/Division Department Compliment Utilization (%) Utilization (FTE) Engineering Services Department 29 8% 2.2 City Development Administration 5 48% 2.4 Planning and Urban Design Division 30 55% 16.5 Other Departments 269 <1% 0.8 Table 3-2 shows the utilization of staff by major costing category grouping based on the costing categories shown in Table 2-1. Table 3-2 Staff Utilization by Major Application Type Application Type % of Total Subdivision 9% Condominium 3% Official Plan 9% Site Plan 21% Land Severance 6% Minor Variance 28% Zoning By-Law Amendment 17% Minister Zoning Order 0% City Initiated Applications 6% Total 100% 34% of annual planning application review time is spent on Committee of Adjustment applications (Minor Variance) and comments to Regional Land Division Committee (Land Severance), 21% of annual time is spent on Site Plan application review, and 17% on Zoning By-Law Amendment application review. These three application types represent 73% of the total annual time spent on planning application review. As such, the design of fees in these areas have the greatest impact on the City’s ability to recover the full cost of service. Watson & Associates Economists Ltd. PAGE 3-3 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Chapter 4 Cost Recovery Analysis and Full Cost Fees Recommendations Watson & Associates Economists Ltd. PAGE 4-1 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx 4. Cost Recovery Analysis and Full Cost Fee Recommendations 4.1 Introduction The annual application processing costs are calculated based on the staff capacity utilization summarized in Chapter 3 and the City’s 2022 Budget. These annual costs are compared with annual revenues derived from the City’s current fee structure and historical average application volumes to inform current cost recovery levels in aggregate and by application type in Section 4.2. Based on the full cost of service, application characteristics, proposed changes to application review processes and procedures, and the fee structures imposed in comparator municipalities, fee recommendations are summarized in Section 4.3. 4.2 Annual Costs of Service and Current Cost Recovery Levels As presented in the introduction, the Planning Act requires fees to be cost justified at the application type level. Moreover, past OLT decisions require that there is consideration given to the marginal costs of processing applications of varying size and complexity. In this regard, planning application review processes have been costed at the application type and sub-type level. This level of analysis goes beyond the statutory requirements of cost justification by application type to better understand costing distinctions at the application sub-type level to provide the basis for a more defensible fee structure and fee design decisions. Table 4-1 summarizes the calculated annual application processing costs, based on the staff capacity utilization summarized in Chapter 3 and the City’s 2022 Budget. These annual costs are compared with annual revenues derived from the City’s current fee structure and historical average application volumes. Annual costs of service for planning application review totals $4.3 million. Direct service costs represent 76% ($3.3 million) of the total costs including both salary, wage, and benefit (SWB) costs and non- SWB costs. Indirect and capital support costs accounting for the remaining 24% ($1.0 million) of total costs. Watson & Associates Economists Ltd. PAGE 4-2 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Table 4-1 Annual Costs of Service and Cost Recovery for Planning Application Fees (2022$) Description $ Direct Costs (SWB) 2,628,556 Direct Costs (non-SWB) 621,903 Total Direct Costs 3,250,459 Indirect Costs 1,022,999 Total Direct & Indirect Costs 4,273,458 Capital Replacement Costs 2,690 Total Costs (Direct, Indirect & Capital) 4,276,148 Table 4-2 summarizes the annual processing costs, annual revenues, and cost recovery levels by application type. Furthermore, the table provides the percentage of costs recovered from fees by planning application type. In consideration of the legislative requirements, this information provides the basis for proposed fee recommendations. In aggregate, planning application fees are recovering 50% of the annual costs of service resulting in $2.1 million in application costs not being recovered through fees (i.e. funded through property taxes). Of this shortfall $1.6 million is related to Committee of Adjustment and City-initiated applications which are not intended to recover the full cost of service. As such, when excluding the costs and revenues associated with Committee of Adjustment and City-initiated applications, current application fees are recovering 78% of the costs of service overall (i.e. $560,000 shortfall). Cost recovery levels vary significantly by application type. Site Plan and Zoning By-Law Amendment application fees (which account for 38% of the annual costs of service) are performing quite well, recovering 97% and 89% of annual costs, respectively. On the other end of the spectrum, Official Plan Amendment, and Subdivision applications are recovering 37% and 53%, respectively, of annual costs. Watson & Associates Economists Ltd. PAGE 4-3 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Table 4-2 Planning Application Fee Impacts – Current Fees (2022$) Application Type Annual Costs Annual Revenue Cost Recovery % Surplus/ (Deficit) Subdivision 380,896 203,727 53% (177,169) Condominium 113,971 93,565 82% (20,406) Official Plan 403,397 149,831 37% (253,567) Site Plan 879,063 858,301 98% (20,763) Land Severance 264,432 49,746 19% (214,686) Minor Variance 1,218,697 120,565 10% (1,098,132) Zoning By-Law Amendment 737,068 658,840 89% (78,228) Minister Zoning Order 4,365 1,869 43% (2,497) City Initiated Applications 274,195 - 0% (274,195) Total 4,276,085 2,136,442 50% (2,139,643) Total - Excluding City Initiated Applications 4,001,890 2,136,442 53% (1,865,448) Total - Excluding City Initiated Applications Land Severance/Minor Variance 2,518,761 1,966,131 78% (552,631) 4.3 Planning Application Fee Rate Structure Analysis and Recommendations Fee recommendations were developed in regard to the cost-revenue impacts presented in Table 4-2. The recommended fee structure seeks to align the recovery of processing costs to application characteristics to balance Planning Act compliance, applicant benefits and municipal revenue certainty. Furthermore, fee structure changes are being made for Official Plan Amendment, Zoning By-Law Amendment, Site Plan, Subdivision, and Condominium applications. The revised fee structures are proposed to align the imposition of fees with the level of effort expended by the City under the proposed application review procedures in response to the shorter decision/approval timeframes Watson & Associates Economists Ltd. PAGE 4-4 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx under Bill 109. As discussed in Section 2.3, the City will be requiring a more in-depth pre-submission review process in advance of the receipt of planning applications. As such, pre-submission review fees are being proposed to recover these costs. As noted, earlier, the more in-depth pre-submission review process does not add to the overall costs of development review in the City. The recommended fee structure is presented in 2022$ and should be indexed annually for implementation consistent with cost-of-living increases in the City’s operating budget. The complete recommended fee schedule is provided in Table 4-3. The following highlights the proposed fee structure changes. Pre-Consultation Meetings The City currently imposes a fee of $350 for Pre-Consultation Meetings. It is proposed that this fee would be maintained for simple and routine Pre-Consultation Meetings. For more complex application types a Pre-Consultation Meeting fee of $1,200 is being proposed. These fees will not be credited against subsequent application fees payable for the proposed development. Plan of Subdivision Currently the structure of the fee collected by the City includes a base fee of $34,650 plus a variable decreasing block fee per residential unit (i.e. rate decreases as application increases in size), or a per land area rate for non-residential development. Furthermore, where future development blocks are being created, the City imposes a fee per hectare of land. Applications within the Oak Ridges Moraine or Greenbelt are charged an additional fee of $2,300. As shown in Table 4-2, Subdivision fees are recovering only 53% of the full costs of service. Fee Structure Recommendations In addition to application review fees, the City is proposing to implement Pre- Submission Review charges to cover staff costs to review information prior to application submission. These charges would be imposed in the same structure as the current application fees. These charges would account for two re-circulations within the review of information before additional re-circulation fees would apply. Watson & Associates Economists Ltd. PAGE 4-5 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Fees that are currently imposed for a Major Revision (prior to Draft Plan Approval) would apply in the pre-submission review stage. Figure 4-1 Subdivision Cost Recovery Application Type Current Cost Recovery Proposed Cost Recovery Subdivision 53% 100% Plan of Condominium Plan of Condominium fees are imposed for Draft Plan approval, Common Element Condominium, and Condominium Conversions. In addition to the application fees, the City also imposes recirculation fees and Release of Draft Plan of Condominium/Clearance fees. Fee Structure Recommendations Similar to Subdivision applications, Condominium application fees will be split into pre- submission review and application review fees. As the fees associated with Condominium applications are currently recovering 82% of costs, the average increase to Condominium fees is 22%. This will bring Condominium application fees to full cost recovery levels. Figure 4-2 Condominium Cost Recovery Application Type Current Cost Recovery Proposed Cost Recovery Condominium 82% 100% Official Plan Amendment Currently Official Plan Amendment application fees are imposed for minor and major types with a surcharge added for applications within the Oak Ridges Moraine or Greenbelt. Fees are also imposed for Regional Official Plan Amendment applications. Watson & Associates Economists Ltd. PAGE 4-6 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx As shown in Table 4-2, fees for these applications are currently recovering only 37% of the full cost of service and as such 170% increases in fees would be required to move to full cost recovery levels. Fee Structure Recommendations Pre-Submission Review charges will also be implemented for Official Plan Amendment applications. Due to the significant increases that would be required to move to full cost recovery levels, the City is proposing to implement only 50% of the proposed increase at this time (see Table 4-3). Figure 4-3 Official Plan Cost Recovery Application Type Current Cost Recovery Proposed Cost Recovery Official Plan Amendment 37% 69% Site Plan Approval Current application fees are comprised of a base application fee plus a decreasing block fee for residential units and a fee for each 2,000 m2 (or part thereof) of non- residential gross floor area created. Fee Structure Recommendations Similar to previous application types, Pre-Submission Review charges will be imposed in the same structure as the current application fees. Minor and major revision fees will be applied, as needed, during the pre-submission stage. Furthermore, the City will also be implementing a flat fee for the involvement of Development Services staff in the preparation of a Site Plan agreement and clearance of Site Plan conditions. Additional legal and engineering fees may also apply for the preparation and registration of the agreement and detailed engineering review and inspections. Re-circulation fees will be applied to re-circulations after the second re-circulation during the pre-submission review process. No re-circulations will be accepted during the application review stage. Watson & Associates Economists Ltd. PAGE 4-7 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Figure 4-4 Site Plan Cost Recovery Application Type Current Cost Recovery Proposed Cost Recovery Site Plan 98% 100% Zoning By-Law Amendment Currently Zoning By-Law Amendment fees are imposed using a similar structure to Plan of Subdivision fees (i.e. base fee plus decreasing block per residential unit fee, per non- residential hectare of land, and per hectare for development blocks). Surcharges are also imposed for development within the Oak Ridges Moraine or Greenbelt. Fee Structure Recommendations Zoning By-Law Amendment application fees will now be comprised of a Pre-Submission Review and Application Review fee. Where an application has been denied by Council, the Applicant may apply for reconsideration provided that the resolution of the issue of concern: • does not change the nature of the proposal; • is minor and technical in nature and is not expected to result in fundamental changes to the layout and design of the proposal; • does not involve re-engagement with the public; and • does not require recirculation of the application to external agencies. In that instance, a new fee of $5,230 would be imposed for the reconsideration of the application. Re-circulation fees will be applied for re-circulations after the second re-circulation during the pre-submission review process. No re-circulations will be accepted during the application review stage. Watson & Associates Economists Ltd. PAGE 4-8 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Figure 4-5 Zoning By-Law Amendment Cost Recovery Application Type Current Cost Recovery Proposed Cost Recovery Zoning By-Law Amendment 89% 100% Committee of Adjustment Fees Currently Minor Variance fees are imposed for minor residential, major residential, and institutional, commercial, and industrial uses. Separate fees are proposed for applications that deal with a single or multiple variances to the Zoning By-Law. Land Severance fees are imposed for City comments and for the clearance of conditions. Fee Structure Recommendations Committee of Adjustment applications have historically been set below full cost recovery levels in the City to reflect the fact that applicants are often existing residents and business owners of the City. These applications are typically required to accommodate construction related to the current use and enjoyment of the property and will not significantly increase the property’s overall value and usability. To improve cost recovery levels, it is proposed that Minor Variance fees are increased by 20% and Land Severance fees are increased by 50%. In comparison to the fees imposed by other area municipalities in Durham Region, the proposed increase would move the City to the top of the ranking for this type of fee. However, the proposed fees would be competitive in comparison to the fees in municipalities across the Greater Toronto Area. Watson & Associates Economists Ltd. PAGE 4-9 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Figure 4-6 Minor Variance and Land Severance Cost Recovery Application Type Current Cost Recovery Proposed Cost Recovery Minor Variance and Land Severance 11% 15% Other Recommendations Zoning By-Law and Site Plan applications will no longer be accepted concurrently with any other application types due to the implications that processing concurrent applications may have on the City being able to meet the legislated timeframes before when refunds would be payable. Fees for responding to requests for Minister’s Zoning Orders are being increased to recover the full cost of service (i.e. $6,710 for major and $5,370 for minor). Watson & Associates Economists Ltd. PAGE 4-10 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Table 4-3 Recommended Planning Application Fees– Recommended Fees (2022$) Description 2022 Fee Payable Proposed Fee Pre-Consultation $350.00 Pre-Consultation Meetings  Simple 2 $350.00  Complex $1,200.00 Telecommunications Tower Approval (Radiocommunication/Broadcasting Antenna Systems)$8,910.00 $8,910.00  Applications to recognize an “As built condition”Double the regular fee Double the regular fee  Accessory buildings, structures, decks, platforms & driveway widening $685.00 $820.00 Residential Minor  a lot for a detached dwelling unit, semi-detached dwelling unit and/or freehold townhouse dwelling unit  Single variance $920.00 $1,100.00  Multiple Variances $1,155.00 $1,390.00 Residential Major  all other residential and mixed use buildings  Single variance $2,000.00 $2,400.00  Multiple Variances $2,255.00 $2,710.00 Institutional, Commercial & Industrial  Single variance $2,530.00 $3,040.00  Multiple Variances $2,960.00 $3,550.00  Tabling Fee & Recirculation (applicant initiated)$630.00 $760.00  Special Meeting $4,025.00 $4,830.00  Authorization to Apply for Variance Under Section 45(1.4) of the Planning Act $5,755.00 $6,906.00 Pre-submission Review  Zoning By-law Amendment – Major $9,590.00  Plus Fee per Residential Unit  First 25 units (1-25)$260.00  Next 75 units (26-100)$190.00  Next 100 units (101-200)$160.00  Next 800 units (201-1,000)$65.00  Plus Fee per Non-Residential Hectare of Land Area 3 $525.00  Plus Fee per Development Block Hectare of Land Area 4 $330.00  Additional fee if within Oak Ridges Moraine or Greenbelt $1,320.00  Removal of Holding Zone $1,980.00  Removal of Holding Zone - Complex/Block Plan required $9,590.00  Extension of Temporary Use By-law $9,590.00  Zoning By-law Amendment – Minor $6,690.00  Recirculation of Zoning By-law Amendment 1 $2,000.00 Application Review  Zoning By-law Amendment – Major $17,700.00 $10,100.00  Plus Fee per Residential Unit  First 25 units (1-25)$450.00 $240.00  Next 75 units (26-100)$335.00 $180.00  Next 100 units (101-200)$275.00 $145.00  Next 800 units (201-1,000)$110.00 $60.00  Plus Fee per Non-Residential Hectare of Land Area 3 $910.00 $485.00  Plus Fee per Development Block Hectare of Land Area 4 $575.00 $305.00 Committee of Adjustment (Minor Variance) Zoning By-law Amendment Watson & Associates Economists Ltd. PAGE 4-11 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Table 4-3 (Cont’d) Recommended Planning Application Fees– Recommended Fees (2022$) Description 2022 Fee Payable Proposed Fee  Additional fee if within Oak Ridges Moraine or Greenbelt $2,300.00 $1,250.00  Removal of Holding Zone $3,450.00 $1,830.00  Removal of Holding Zone - Complex/Block Plan required $4,375.00 $10,100.00  Extension of Temporary Use By-law $17,710.00 $10,100.00  Zoning By-law Amendment – Minor $12,650.00 $6,500.00  Recirculation of Zoning By-law Amendment 1 $1,300.00 n/a  Reconsideration Fee 5 $5,230.00 Pre-submission Review  Pickering Official Plan Amendment – Major $45,500.00  Pickering Official Plan Amendment – Minor $21,650.00  Recirculation of Pickering Official Plan Amendment 1 $2,000.00  Additional fee if within Oak Ridges Moraine or Greenbelt $3,300.00 Application Review  Pickering Official Plan Amendment – Major $48,000.00 $43,500.00  Pickering Official Plan Amendment – Minor $23,000.00 $20,750.00  Recirculation of Pickering Official Plan Amendment 1 $1,300.00 n/a  Additional fee if within Oak Ridges Moraine or Greenbelt $2,300.00 $3,000.00 Neighbourhood Development Guideline Amendment $1,600.00 $4,300.00 Draft Plan of Subdivision Pre-submission Review  Draft Plan of Subdivision $32,800.00  Plus Fee per Residential Unit  First 25 units (1-25)$470.00  Next 75 units (26-100)$380.00  Next 100 units (101-200)$300.00  Next 800 units (201-1,000)$190.00  Plus Fee per Non-Residential Hectare of Land Area 3 $150.00  Plus Fee per Development Block Hectare of Land Area 4 $95.00  Additional fee if within Oak Ridges Moraine or Greenbelt $1,000.00  Recirculation of Draft Plan of Subdivision 1 $2,000.00 Application Review  Draft Plan of Subdivision $34,650.00 $34,600.00  Plus Fee per Residential Unit  First 25 units (1-25)$560.00 $575.00  Next 75 units (26-100)$450.00 $465.00  Next 100 units (101-200)$355.00 $365.00  Next 800 units (201-1,000)$225.00 $230.00  Plus Fee per Non-Residential Hectare of Land Area 3 $180.00 $185.00  Plus Fee per Development Block Hectare of Land Area 4 $110.00 $115.00  Additional fee if within Oak Ridges Moraine or Greenbelt $2,300.00 $2,500.00  Recirculation of Draft Plan of Subdivision 1 $1,300.00 $2,000.00  Release of Draft Plan of Subdivision/Clearance Fee $1,300.00 $2,000.00  Revisions to Draft Approved Plan (Red Lined Revisions)$13,860.00 $26,600.00  Plus Fee per Residential Unit  First 25 units (1-25)$560.00 $575.00  Next 75 units (26-100)$460.00 $465.00  Next 100 units (101-200)$335.00 $365.00  Next 800 units (201-1,000)$225.00 $230.00  Plus Fee per Non-Residential Hectare of Land Area 3 $180.00 $185.00  Plus Fee per Development Block Hectare of Land Area 4 $110.00 $115.00 Pickering Official Plan Amendment Watson & Associates Economists Ltd. PAGE 4-12 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Table 4-3 (Cont’d) Recommended Planning Application Fees– Recommended Fees (2022$) Description 2022 Fee Payable Proposed Fee  Major Revisions (prior to Draft Plan Approval)$11,560.00 $22,200.00  Plus Fee per Additional Residential Units  First 25 units (1-25)$560.00 $575.00  Next 75 units (26-100)$460.00 $465.00  Next 100 units (101-200)$335.00 $365.00  Next 800 units (201-1,000)$225.00 $230.00  Plus Fee per Non-Residential Hectare of Land Area 3 $180.00 $185.00  Plus Fee per Development Block Hectare of Land Area 4 $110.00 $115.00 Draft Plan of Condominium Pre-submission Review  Draft Plan of Condominium $5,400.00  Common Element Condominium $7,900.00  Application for Condominium Conversion $7,900.00 Application Review  Draft Plan of Condominium $16,720.00 $13,600.00  Common Element Condominium $23,000.00 $19,300.00  Application for Condominium Conversion $23,000.00 $19,300.00  Release of Draft Plan of Condominium/Clearance Fee $1,300.00 $2,000.00  Recirculation of Draft Plan of Condominium 1 $1,300.00 $2,000.00  Revisions to a Draft Approved Plan (Red Line Revisions)$2,420.00 $3,100.00 Pre-submission Review  Site Plan (Residential, Non-Residential, Mixed-Use)$5,300.00  Plus Fee per Residential Unit  First 25 units (1-25)$370.00  Next 75 units (26-100)$300.00  Next 100 units (101-200)$225.00  Next 800 units (201-1,000)$55.00  Plus Fee per 2,000m2 of Non-Residential GFA $4,405.00  Recirculation 1 $2,000.00 Application Review  Site Plan (Residential, Non-Residential, Mixed-Use)$9,975.00 $2,900.00  Plus Fee per Residential Unit  First 25 units (1-25)$560.00 $145.00  Next 75 units (26-100)$450.00 $115.00  Next 100 units (101-200)$335.00 $85.00  Next 800 units (201-1,000)$85.00 $20.00  Plus Fee per 2,000m2 of Non-Residential GFA $6,630.00 $1,695.00  Minor Revision of approved Site Plans $2,300.00 $0.00  Major Revision of approved Site Plans $9,215.00 $0.00  Compliance Inspections/Conformity/LC Release Report (includes 2 inspections) $940.00 $960.00  Additional Compliance Inspections $400.00 $410.00  Site Plan Agreement and Clearance of Conditions n/a $7,300.00  Minor Revision to Approved Condo Site Plan (by unit owner, i.e. decks, sheds, fences) $115.00 $115.00 Site Plan Approval Watson & Associates Economists Ltd. PAGE 4-13 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Table 4-3 (Cont’d) Recommended Planning Application Fees– Recommended Fees (2022$) Based on the foregoing recommendations, the annual application fees will move to full cost recovery levels except for Official Plan Amendment, Minor Variance and Land Severance applications. In aggregate, cost recovery levels will increase from 50% to 61%, or a 23% increase in revenue. Excluding Committee of Adjustment and City- initiated applications, cost recovery performance will increase rom 78% to 95%. Description 2022 Fee Payable Proposed Fee  File Reactivation $2,040.00 $5,230.00  Opinion Letter for Complex Inquiries $560.00 $1,200.00  Peer Reviews  the applicant is responsible for the City’s full costs of undertaking the peer review of any studies or drawings submitted in support of the application; this requirement applies to matters such as, but not limited to, the peer review of site plans, traffic, marketing, environmental, noise, engineering drawings and reports, and architectural drawings Full recovery of the City cost plus 10% administrative fee + HS T Full recovery of the City cost plus 10% administrative fee + HS T  Add Street Name to Approved List 1,020.00 +HST 1,020.00 +HST  Request to Change Municipal Address 1,020.00 + HST 1,020.00 + HST  Refund of Application Fees Fees paid minus 10% Administrative fee and minus (if applicable) credit card fee Film Location Permit (public road use)$250.00 + HST $250.00 + HST Request for Zoning Information $50.00 $50.00 Request for Exception to Council Adopted Policies on Municipal Addressing and Street Naming $5,230.00 $5,230.00 Regional Official Plan Amendment (not part of a Pickering Official Plan Amendment) $13,800.00 $37,100.00 Land Division – City Comments $1,725.00 $2,600.00 Land Division – Clearance of City Conditions $865.00 $1,300.00 Council authorization to proceed by land division instead of draft plan of subdivision $5,750.00 $8,670.00 Minister’s Zoning Order Amendment – Major $2,875.00 $6,710.00 Minister’s Zoning Order Amendment – Minor $2,300.00 $5,370.00 4. Excludes lands to be conveyed for roads, parkland, natural hazards, and stormwater or other public infrastructure. 5. An Application may apply for reconsideration provided that the resolution of the issue of concern: -does not change the nature of the proposal; -is minor and technical in nature and I not expected to result in fundamental changes to the layout and design of the proposal; -does not involve re-engagement with the public; and -does not require recirculation of the application to external agencies. 1. Pre-Submission Review Charges include two resubmissions before re-circulation fees apply. Recirculation fees will be charged for the fourth submission and every submission thereafter. 2. Oak Ridges Moraine applications, minor additions to existing bldgs (up to 20% of the current gross floor area), inclusion of related uses, etc. 3. Applies to blocks intended to be developed for commercial, industrial, and institutional uses (including school blocks) Please check with either the Regional Planning Department or the Ministry of Municipal Affairs and Applications from the Ministry of Municipal Affairs and Housing Other Processing Fees Watson & Associates Economists Ltd. H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Chapter 5 Impact Analysis of Recommended Fee Structure Watson & Associates Economists Ltd. PAGE 5-1 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx 5. Impact Analysis of Recommended Fee Structure To understand the impacts of the fee structure recommendations, an impact analysis for sample developments has been prepared. In addition to providing the fee impacts for the City of Pickering, Figures 5-1 through 5-5 provide development fee comparisons for municipalities across the Greater Toronto Area. Detailed data tables for each of the comparisons are presented in Appendix A. The development fee comparison includes planning-related application fees, building permit fees, development engineering fees, and development charges from the lower-tier and upper-tier municipalities. The comparisons illustrate the impacts of the fee structure recommendations in the context of the total development fees payable to provide a broader context for fee considerations. Note that the fees imposed by other Greater Toronto Area municipalities are as of November 1, 2022 and do not include potential fee increases that may be under consideration. Five development types have been considered, including: • Low Density Residential – example includes a 100-unit low density residential development requiring an Official Plan Amendment, Plan of Subdivision and Zoning By-law Amendment application; • Medium Density Residential – example includes a 50-unit medium density (townhouse) residential development requiring Zoning By-law Amendment, Condominium, and Site Plan applications; • High Density Residential – example includes a 200-unit residential high density (apartment) with 500 m2 of commercial development, requiring Official Plan Amendment, Zoning By-law Amendment, Condominium, and Site Plan applications; • Retail – example includes a 1,000 square metre retail development requiring Site Plan Approval and Zoning By-law Amendment applications; and • Industrial – example includes 10,000 square metre industrial development requiring Site Plan Approval and Zoning By-Law Amendment applications. 5.1 Low Density Residential Development Impacts The total fees that would be charged for a residential subdivision with 100 single detached units are presented in Figure 5-1. These fees can be expressed on a per unit Watson & Associates Economists Ltd. PAGE 5-2 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx basis. A 100-unit low density development in the City would pay $681 per unit for Official Plan Amendments fees, $542 per unit in Zoning-By-Law Amendment fees, and $888 per unit in Subdivision fees, under the City’s current fee structure. Under the recommended fee structure, Official Plan Amendment Fees would increase to $1,094 (+61%), Zoning-By-Law Amendment fees would increase to $607 per unit (+12%) and Subdivision fees would increase to $1,643 per unit (+85%). Including development charges, development engineering fees, and building permit fees, the total development fees for this type of development within the City would increase by 1.5% based on the fee recommendations. The proposed changes would not change the relative position of the City within the overall ranking of municipalities surveyed (i.e. 19th out of 20 municipalities). Figure 5-1 Development Fee Impacts Survey for a Residential Subdivision (100 Single Detached Units) 5.2 Medium Density Residential Development Impacts The total fees that would be charged for a residential condominium with 50 townhouses are presented in Figure 5-2. The planning application fees (i.e. Zoning By-Law $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 $18,000,000 Survey of Fees Related to a Residential Subdivision Development (100 Single Dwelling Units, 185 m² GFA each) Official Plan Amendment Plan of Subdivision Zoning By-Law Amendment Building Permit Fees Engineering Fees Development Charges Watson & Associates Economists Ltd. PAGE 5-3 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Amendment, Condominium, and Site Plan) that a 50-unit residential townhouse condominium in the City would pay are equivalent to $1,982 per unit under the City’s current fee structure. Under the recommended fee structure total planning application fees would increase to $2,267 per unit (+14%), including $844 per unit (+13%) for Zoning By-Law Amendment fees, $802 per unit (+11%) for Site Plan application fees, and $620 per unit (+22%) for Condominium. Including development charges, development engineering fees, and building permit fees, the total development fees for this type of development within the City would increase by 0.4%. The proposed changes would not change the City’s relative position within the overall ranking of municipalities surveyed as shown in Figure 5-2. Figure 5-2 Development Fee Impacts Survey for a Residential Condominium (50 Medium-Density Townhouse) 5.3 High Density Residential Development Impacts The total fees that would be charged for a development with 200 apartment units and 500 m2 of commercial development are presented in Figure 5-3. A 200-unit mixed use $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 Survey of Fees Related to a Residential Townhouse Development (50 Units, 139 m² GFA each) Plan of Condominium Site Plan Zoning By-Law Amendment Building Permit Fees Engineering Fees Development Charges Watson & Associates Economists Ltd. PAGE 5-4 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx apartment development in the City would pay the equivalent of $340 per unit in Official Plan Amendment, $100 per unit in Plan of Condominium fees, $470 per unit in Site Plan fees, and $416 per unit in Zoning-By-Law Amendment fees under the current fee structure. Under the recommended fee structure, total planning application fees would increase from $1,327 to $1,596 per unit (+20%). Including development charges, development engineering fees, and building permit fees, total development fees for this type of development would increase by 0.6%. The proposed changes would marginally increase the City’s position within the overall ranking of municipalities surveyed (based on data as of November 1, 2022) as presented in Figure 5-3 (i.e. increase to 17th from 19th). Figure 5-3 Development Fee Impacts Survey for a Residential Condominium (200-unit mixed use development) 5.4 Retail Development Impacts The total fees that would be charged for a 1,000 square metre retail development are presented in Figure 5-4. A 1,000 square metre retail development in the City would pay $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 $18,000,000 $20,000,000 Survey of Fees Related to a Mixed-Use Development (200 Units, 83 m² GFA each, 500m² Non-Residential GFA) Official Plan Amendment Plan of Condominium Site Plan Zoning By-Law Amendment Building Permit Fees Engineering Fees Development Charges Watson & Associates Economists Ltd. PAGE 5-5 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx $32,553 in Site Plan and Zoning-By-Law Amendment application fees under the City’s current fee structure. Under the recommended fee structure, total planning application fees would increase by 26%. Including development charges, development engineering fees, and building permit fees, total development fees for this type of development would increase by 2.0%. The proposed changes would not result in a change to the City’s current competitive position in the ranking of total fees payable (i.e. 19th out of 20 municipalities) Figure 5-4 Development Fee Impacts Survey for a Retail Development (1,000 Square Metres) 5.5 Industrial Development Impacts The total fees that would be charged for a 10,000 square metre industrial development are presented in Figure 5-5. This development proceeding through Zoning By-Law Amendment and Site Plan approvals in the City would pay $64,845 in planning application fees based on the City’s current fee structure. With the recommended fee increases, the total planning application fees would increase to $71,280 (+10%). Including development charges, development engineering, and building permit fees, $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 Survey of Fees Related to Retail Development (1,000 m² GFA) Site Plan Zoning By-Law Amendment Building Permit Fees Engineering Fees Development Charges Watson & Associates Economists Ltd. PAGE 5-6 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx total development fees for this type of development would increase by 0.3% with the proposed changes, marginally increasing the City’s position in the comparator municipalities from 16th to 15th. Figure 5-5 Development Fee Impacts Survey for an Industrial Development (10,000 Square Metres) 5.6 Development Impact Analysis Summary Planning application fees represent a relatively small proportion of the total municipal cost of development. In the sample residential development types considered, the recommended planning application fees represented: • 3.4% for low-density residential development; • 3.4% for medium-density residential development; • 3.6% for high-density residential development; For the sample non-residential development types, the share of the overall cost is larger for smaller developments (9.5%) vs. larger developments (3.0%) due to largely fixed planning application costs and limited economies of scale. $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 Survey of Fees Related to Industrial Development (10,000 m² GFA) Site Plan Zoning By-Law Amendment Building Permit Fees Engineering Fees Development Charges Watson & Associates Economists Ltd. PAGE 5-7 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Impacts of implementing the recommended planning application fees on total municipal development costs results in increases of: • 0.4% to 1.5% for residential development; and • 0.3% to 2.0% for non-residential development. The foregoing assessment of total development fees payable does not include cash-in- lieu of parkland that would be payable, nor does it include any proposed changes to development review and planning policy procedures within Bill 23. While the approval of these proposed fees would not significantly change the ranking of the City within the municipal comparators, it would further demonstrate the relatively minor role that planning application fees play in the total cost of municipal development fees. Watson & Associates Economists Ltd. H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Chapter 6 Implementation Plan and Conclusion Watson & Associates Economists Ltd. PAGE 6-1 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx 6. Conclusion Summarized in this technical report is the legislative context for the planning application fee review, the methodology undertaken, A.B.C. results and full cost of service, and fee structure recommendations. In developing the recommended fee structure, careful consideration was given to keeping fees reasonable and proportional to the to the total cost of municipal development, market competitiveness, and to the recent trends pertaining to planning fees, including past comments of the OLT concerning planning application fees. Furthermore, fee structure recommendations were made to recognize the proposed changes in application review procedures, including more substantial pre- submission review requirements. The intent of the fees review is to provide the City with a recommended fee structure for Council’s consideration to appropriately recover the service costs from benefiting parties. The City will ultimately determine the level of cost recovery and implementation strategy that is suitable for their objectives. Appendices Watson & Associates Economists Ltd. PAGE A-1 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Appendix A Development Impact Tables Watson & Associates Economists Ltd. PAGE A-2 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Appendix A: Development Impact Tables Table A-1 Development Fee Impacts Survey for a Residential Subdivision (100 Single Detached Units) Rank Municipality Official Plan Amendment Plan of Subdivision Zoning By-Law Amendment Building Permit Fees Engineering Fees Development Charges Total Planning Fees Total Planning Fees % of Total % Increase 1 Vaughan, City of $68,782 $154,923 $50,654 $377,279 $116,250 $15,187,500 $15,955,387 $274,358 1.7% 2 Markham, City of $105,332 $390,027 $57,284 $357,863 $223,100 $14,448,100 $15,581,707 $552,644 3.5% 3 East Gwillimbury, Town of $54,739 $92,431 $21,857 $290,000 $77,500 $13,400,700 $13,937,227 $169,027 1.2% 4 King, Township of $47,348 $61,794 $11,060 $315,870 $46,500 $12,622,300 $13,104,872 $120,202 0.9% 5 Mississauga, City of $35,250 $85,505 $130,696 $342,626 $85,000 $12,183,227 $12,862,305 $251,451 2.0% 6 Oakville, Town of $38,458 $79,593 $27,920 $330,735 $103,900 $12,216,488 $12,797,093 $145,971 1.1% 7 Caledon, Town of $43,332 $120,749 $23,235 $250,095 $93,000 $12,208,328 $12,738,739 $187,316 1.5% 8 Newmarket, Town of $55,876 $154,533 $25,256 $287,442 $77,500 $11,955,200 $12,555,807 $235,665 1.9% 9 Brampton, City of $19,852 $31,395 $21,384 $295,803 $0 $11,972,156 $12,340,591 $72,632 0.6% 10 Aurora, Town of $68,845 $176,314 $26,146 $323,303 $93,000 $11,518,100 $12,205,707 $271,304 2.2% 11 Richmond Hill, City of $80,404 $110,964 $15,683 $311,225 $159,650 $10,996,747 $11,674,674 $207,052 1.8% 12 Whitchurch Stouffville, Town of $55,067 $108,828 $28,669 $326,000 $0 $11,154,700 $11,673,264 $192,564 1.6% 13 Halton Hills, Town of $45,868 $108,532 $16,765 $337,052 $89,750 $10,890,388 $11,488,356 $171,166 1.5% 14 Georgina, Town of $48,669 $82,078 $20,353 $338,000 $83,700 $10,835,700 $11,408,500 $151,100 1.3% 15 Milton, Town of $30,989 $96,049 $16,255 $309,739 $128,500 $10,082,988 $10,664,520 $143,293 1.3% 16 Burlington, City of $96,968 $89,951 $14,312 $375,142 $108,500 $9,547,488 $10,232,362 $201,231 2.0% 17 Whitby, Town of $56,828 $133,469 $12,600 $379,602 $93,465 $8,663,254 $9,339,218 $202,897 2.2% 18 Ajax, Town of $65,895 $67,674 $25,562 $250,838 $97,700 $8,086,500 $8,594,170 $159,131 1.9% 19 Pickering, City of - Calculated $109,400 $164,300 $60,740 $273,135 $101,250 $7,856,100 $8,564,925 $334,440 3.9% 1.5% 20 Pickering, City of $68,117 $88,817 $54,192 $273,135 $101,250 $7,856,100 $8,441,610 $211,125 2.5% 21 Oshawa, City of $36,846 $46,822 $4,392 $272,392 $109,440 $7,765,700 $8,235,592 $88,061 1.1% Watson & Associates Economists Ltd. PAGE A-3 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Table A-2 Development Fee Impacts Survey for a Residential Condominium (50 Medium-Density Townhouse) Rank Municipality Plan of Condominium Site Plan Zoning By-Law Amendment Building Permit Fees Engineering Fees Development Charges Total Planning Fees Total Planning Fees % of Total % Increase 1 Vaughan, City of $34,035 $58,737 $36,554 $141,480 $42,200 $6,361,500 $6,674,505 129,325 1.9% 2 Markham, City of $52,896 $144,577 $57,284 $134,198 $52,912 $5,912,050 $6,353,918 254,758 4.0% 3 East Gwillimbury, Town of $36,111 $42,659 $21,857 $108,750 $10,000 $5,553,050 $5,772,428 100,628 1.7% 4 King, Township of $21,289 $20,000 $11,060 $118,451 $6,000 $5,325,200 $5,502,000 52,349 1.0% 5 Newmarket, Town of $47,436 $71,220 $25,256 $107,791 $18,000 $4,929,250 $5,198,952 143,911 2.8% 6 Mississauga, City of $25,368 $37,127 $95,156 $128,485 $19,500 $4,836,834 $5,142,470 157,651 3.1% 7 Caledon, Town of $33,005 $43,636 $23,235 $93,786 $12,000 $4,806,550 $5,012,211 99,876 2.0% 8 Aurora, Town of $35,708 $54,745 $26,146 $121,238 $12,000 $4,692,650 $4,942,486 116,598 2.4% 9 Brampton, City of $11,828 $66,323 $21,384 $110,926 $0 $4,669,820 $4,880,282 99,536 2.0% 10 Whitchurch Stouffville, Town of $57,824 $39,136 $28,669 $122,250 $0 $4,631,700 $4,879,580 125,630 2.6% 11 Richmond Hill, City of $51,378 $36,679 $15,683 $116,709 $20,600 $4,580,993 $4,822,043 103,741 2.2% 12 Georgina, Town of $59,303 $43,570 $20,353 $126,750 $10,800 $4,511,200 $4,771,976 123,226 2.6% 13 Oakville, Town of $28,230 $42,207 $34,558 $124,026 $12,000 $4,422,325 $4,663,345 104,994 2.3% 14 Halton Hills, Town of $55,933 $35,448 $43,204 $126,395 $0 $3,687,450 $3,948,430 134,585 3.4% 15 Milton, Town of $91,043 $13,899 $30,105 $116,152 $26,000 $3,646,925 $3,924,124 135,047 3.4% 16 Whitby, Town of $13,238 $31,500 $27,113 $142,351 $24,760 $3,449,917 $3,688,879 71,851 1.9% 17 Burlington, City of $6,245 $29,535 $43,531 $140,678 $14,000 $3,345,750 $3,579,739 79,311 2.2% 18 Ajax, Town of $15,182 $46,275 $25,562 $94,064 $12,800 $3,277,150 $3,471,034 87,020 2.5% 19 Pickering, City of - Calculated $31,000 $40,110 $42,240 $102,426 $6,500 $3,155,350 $3,377,626 113,350 3.4% 0.4% 20 Pickering, City of $25,417 $36,282 $37,442 $102,426 $6,500 $3,155,350 $3,363,416 99,140 2.9% 21 Oshawa, City of $17,980 $24,318 $10,514 $102,147 $5,755 $3,175,550 $3,336,265 52,813 1.6% Watson & Associates Economists Ltd. PAGE A-4 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Table A-3 Development Fee Impacts Survey for a Residential Condominium (200 Unit Mixed Use Apartment) Rank Municipality Official Plan Amendment Plan of Condominium Site Plan Zoning By-Law Amendment Building Permit Fees Engineering Fees Development Charges Total Planning Fees % of Total % Increase 1 Vaughan, City of $68,649 $34,035 $120,169 $61,856 $363,358 $95,600 $17,258,120 18,001,786$ 1.6% 2 Markham, City of $105,268 $52,832 $491,363 $60,520 $306,200 $113,392 $16,443,955 17,573,528$ 4.0% 3 East Gwillimbury, Town of $54,739 $36,111 $101,129 $25,157 $266,920 $15,000 $14,961,750 15,460,807$ 1.4% 4 King, Township of $47,286 $21,227 $26,038 $14,298 $292,783 $9,000 $14,290,665 14,701,295$ 0.7% 5 Mississauga, City of $35,250 $31,576 $65,568 $183,301 $342,940 $26,500 $13,847,506 14,532,642$ 2.2% 6 Newmarket, Town of $55,787 $47,436 $122,450 $28,556 $329,954 $27,000 $13,409,190 14,020,372$ 1.8% 7 Caledon, Town of $43,144 $40,616 $48,917 $23,047 $214,516 $18,000 $13,201,527 13,589,767$ 1.1% 8 Brampton, City of $19,802 $11,778 $89,823 $21,900 $308,161 $0 $13,134,904 13,586,367$ 1.1% 9 Aurora, Town of $68,810 $35,673 $99,260 $29,411 $282,450 $18,000 $12,953,320 13,486,924$ 1.7% 10 Whitchurch Stouffville, Town of $55,025 $121,785 $74,997 $31,880 $356,196 $0 $12,819,527 13,459,411$ 2.1% 11 Richmond Hill, City of $80,351 $107,674 $47,042 $18,930 $376,364 $30,900 $12,609,545 13,270,806$ 1.9% 12 Georgina, Town of $48,615 $114,413 $43,509 $23,593 $359,557 $16,200 $12,652,390 13,258,277$ 1.7% 13 Oakville, Town of $38,432 $256,354 $66,601 $47,202 $402,274 $18,000 $12,019,476 12,848,338$ 3.2% 14 Halton Hills, Town of $54,707 $59,357 $60,773 $22,561 $309,925 $0 $10,883,506 11,390,829$ 1.7% 15 Burlington, City of $96,843 $62,379 $64,543 $81,654 $389,963 $21,000 $9,691,956 10,408,338$ 2.9% 16 Milton, Town of $31,699 $163,563 $19,549 $16,965 $288,070 $37,000 $8,943,106 9,499,952$ 2.4% 17 Pickering, City of - Calculated $109,300 $23,800 $93,285 $92,792 $253,171 $35,750 $8,166,201 8,774,299$ 3.6% 0.6% 18 Oshawa, City of $36,753 $18,887 $76,275 $5,799 $248,114 $8,486 $8,362,079 8,756,391$ 1.6% 19 Whitby, Town of $56,779 $14,189 $60,064 $14,051 $354,337 $35,710 $8,219,076 8,754,204$ 1.7% 20 Pickering, City of $68,088 $20,108 $93,910 $83,299 $253,171 $35,750 $8,166,201 8,720,526$ 3.0% 21 Ajax, Town of $65,841 $16,128 $110,821 $27,008 $232,254 $19,200 $7,859,159 8,330,411$ 2.6% Watson & Associates Economists Ltd. PAGE A-5 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Table A-4 Development Fee Impacts Survey for a Retail Development (1,000 Square Metres) Rank Municipality Site Plan Zoning By-Law Amendment Building Permit Fees Engineering Fees Development Charges Total Planning Fees Total Planning Fees % of Total % Increase 1 Markham, City of $43,557 $57,414 $18,080 $15,912 $906,310 $1,041,272 $100,970 9.7% 2 Vaughan, City of $36,608 $11,515 $17,680 $4,790 $858,040 $928,633 $48,123 5.2% 3 Burlington, City of $15,068 $25,419 $28,080 $19,250 $788,860 $876,677 $40,487 4.6% 4 East Gwillimbury, Town of $26,319 $21,857 $11,840 $13,750 $801,901 $875,667 $48,176 5.5% 5 Oakville, Town of $29,174 $29,674 $26,950 $16,500 $755,900 $858,198 $58,848 6.9% 6 Richmond Hill, City of $22,363 $15,791 $17,940 $28,325 $773,526 $857,945 $38,154 4.4% 7 King, Township of $18,675 $11,185 $17,000 $8,250 $794,930 $850,040 $29,860 3.5% 8 Newmarket, Town of $35,859 $25,256 $13,080 $24,750 $736,780 $835,724 $61,114 7.3% 9 Whitchurch Stouffville, Town of $29,665 $28,848 $13,993 $0 $739,255 $811,760 $58,512 7.2% 10 Georgina, Town of $43,691 $20,474 $17,115 $14,850 $711,780 $807,910 $64,165 7.9% 11 Milton, Town of $10,725 $17,675 $18,610 $38,000 $716,560 $801,569 $28,399 3.5% 12 Aurora, Town of $27,814 $26,215 $16,400 $3,438 $712,840 $786,707 $54,029 6.9% 13 Halton Hills, Town of $22,498 $23,118 $17,170 $0 $717,160 $779,946 $45,616 5.8% 14 Whitby, Town of $18,424 $27,212 $25,390 $32,973 $512,148 $616,146 $45,636 7.4% 15 Mississauga, City of $28,767 $58,491 $19,320 $27,000 $429,286 $562,864 $87,258 15.5% 16 Brampton, City of $16,674 $22,616 $17,320 $0 $413,310 $469,920 $39,290 8.4% 17 Oshawa, City of $8,156 $10,702 $16,960 $4,084 $422,158 $462,060 $18,858 4.1% 18 Caledon, Town of $40,830 $23,612 $16,320 $16,500 $351,680 $448,942 $64,442 14.4% 19 Pickering, City of - Calculated $20,110 $20,993 $14,700 $36,938 $339,601 $432,342 $41,103 9.5% 2.0% 20 Pickering, City of $14,405 $18,148 $14,700 $36,938 $339,601 $423,792 $32,553 7.7% 21 Ajax, Town of $10,126 $25,671 $13,000 $17,600 $353,917 $420,314 $35,797 8.5% Watson & Associates Economists Ltd. PAGE A-6 H:\Pickering\2022 Bill 109 Fees\Report\Pickering 2022 DAAP Update Final Report .docx Table A-5 Development Fee Impacts Survey for an Industrial Development (10,000 Square Metres) Rank Municipality Site Plan Zoning By-Law Amendment Building Permit Fees Engineering Fees Development Charges Total Planning Fees Total Planning Fees % of Total % Increase 1 Markham, City of 155,157$ 57,414$ 147,800$ 71,712$ 4,692,600$ 5,124,682$ 212,570 4.1% 2 Vaughan, City of 49,528$ 17,545$ 124,900$ 47,900$ 4,684,100$ 4,923,973$ 67,073 1.4% 3 King, Township of 23,175$ 11,185$ 120,000$ 12,000$ 4,053,000$ 4,219,360$ 34,360 0.8% 4 Newmarket, Town of 179,995$ 25,256$ 106,200$ 36,000$ 3,471,500$ 3,818,950$ 205,250 5.4% 5 Richmond Hill, City of 22,363$ 15,791$ 164,200$ 41,200$ 3,523,463$ 3,767,016$ 38,154 1.0% 6 Mississauga, City of 54,381$ 50,540$ 144,400$ 32,500$ 3,434,558$ 3,716,379$ 104,921 2.8% 7 Whitchurch Stouffville, Town of 47,665$ 28,848$ 128,090$ -$ 3,496,247$ 3,700,849$ 76,512 2.1% 8 East Gwillimbury, Town of 50,619$ 21,857$ 102,257$ 20,000$ 3,338,017$ 3,532,751$ 72,476 2.1% 9 Aurora, Town of 63,654$ 26,215$ 109,000$ 24,000$ 3,232,100$ 3,454,969$ 89,869 2.6% 10 Georgina, Town of 43,691$ 20,474$ 141,007$ 21,600$ 3,221,500$ 3,448,272$ 64,165 1.9% 11 Caledon, Town of 45,630$ 23,612$ 74,176$ 24,000$ 2,931,600$ 3,099,018$ 69,242 2.2% 12 Brampton, City of 76,524$ 32,797$ -$ -$ 2,828,000$ 2,937,321$ 109,321 3.7% 13 Oakville, Town of 89,834$ 35,434$ 172,000$ 24,000$ 2,550,730$ 2,871,998$ 125,268 4.4% 14 Ajax, Town of 18,406$ 25,671$ 90,000$ 25,600$ 2,338,998$ 2,498,675$ 44,077 1.8% 15 Pickering, City of - Calculated 47,560$ 23,720$ 110,000$ 31,000$ 2,195,838$ 2,408,118$ 71,280 3.0% 0.3% 16 Whitby, Town of 64,378$ 27,212$ 159,000$ 46,660$ 2,107,900$ 2,405,150$ 91,590 3.8% 17 Pickering, City of 44,240$ 20,605$ 110,000$ 31,000$ 2,195,838$ 2,401,683$ 64,845 2.7% 18 Burlington, City of 35,318$ 31,539$ 129,664$ 28,000$ 2,155,730$ 2,380,251$ 66,857 2.8% 19 Milton, Town of 20,179$ 30,455$ 135,300$ 46,000$ 1,745,330$ 1,977,264$ 50,634 2.6% 20 Halton Hills, Town of 45,248$ 33,144$ 120,150$ -$ 1,551,830$ 1,750,372$ 78,392 4.5% 21 Oshawa, City of 17,156$ 10,702$ 142,300$ 6,604$ 1,431,600$ 1,608,362$ 27,858 1.7% Attachment #3 to Report PLN 47-22 Current and Proposed Site Plan Approval process Attachment #4 to Report PLN 47-22 Current and Proposed Zoning By-law Amendment process