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HomeMy WebLinkAboutPLN 09-23Report to Planning & Development Committee Report Number: PLN 09-23 Date: April 3, 2023 From: Kyle Bentley Director, City Development & CBO Subject: City Initiated Official Plan Amendment 46 Changes to development review procedures and fees in response to Bill 109, the More Homes For Everyone Act, 2022 File: OPA 22-003/P Recommendation: 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 09-23 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 09-23, be enacted; 3.That the revised Draft Pre-consultation By-law, as set out in Appendix II to Report PLN 09-23, be enacted; 4.That, in response to legislated changes arising from the enactment of Bill 109, the More Homes For Everyone Act, 2022, the City Development Department – Planning Fees be approved, effective June 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 09-23, 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 09-23, be enacted. Executive Summary: This Report to Planning & Development Committee replaces Report to Council PLN 47-22 (see Text of Report PLN 47-22, Attachment #1) in its entirety. Report PLN 47-22 addressed changes to the development application review process and changes to the application fees to address Bill 109, the More Homes For Everyone Act, 2022. PLN 09-23 April 3, 2023 Subject: City Initiated Official Plan Amendment 46 Page 2 Bill 109 received Royal Assent on April 14, 2022. Among other matters, the Act 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 submitted together with an Official Plan Amendment), and site plan approval is required within 60 days, or else refunds of application fees are mandated. These changes came into effect on January 1, 2023, for new applications submitted after that date. 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 hosting an open house a mandatory requirement for submitting a complete application; • hold voluntary open houses when deemed appropriate; • 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 09-23). 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 changes resulting from Bill 109. The amount of money collected for each application will remain the same. The proposed amendment shifts when fees are paid to more accurately reflect where in the process the corresponding amount of work is completed (see Appendix III to Report PLN 09-23). Financial Implications: If no changes are made to the City’s development review process, 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 as per Bill 109. The precise amount associated with these applications will vary each year, based on the number of applications received. Using the last three years, the average amount of fees that could be at risk is approximately $1,000,000 per year. As of March 1, 2023, $351,375 in application funds are currently at risk for refund. The proposed changes to the Schedule of Fees will be revenue neutral and have no impact on the draft City budget. PLN 09-23 April 3, 2023 Subject: City Initiated Official Plan Amendment 46 Page 3 1. Background 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 Report PLN 22-22 to the April 25, 2022, Council meeting, summarizing Bill 109 and its potential implications for the City. One of the changes made by Bill 109 was requiring 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. In response to the changes made by Bill 109, City staff presented Report PLN 47-22 on December 5, 2022 (see Text of Report PLN 47-22, Attachment #1). That report outlined proposed changes to development review procedures to avoid refunding application fees. On November 30, 2022, the Minister of Municipal Affairs and Housing, Steve Clark, sent a letter to the Association of Ontario Municipalities (AMO) stating an intent to defer the start of application refunds until July 1, 2023. Staff did not become aware of Minister Clark’s letter until after Report PLN 47-22 was completed, and were therefore unable to comment on it. In light of the commitment from Minister Clark to defer the start of application refunds, Council passed Resolution #07/22, which referred Report PLN 47-22 back to staff to: a. Review the best practices of other municipalities and ensure adequate public participation and engagement in the planning process; b. Review and clarify any potential financial risks to the Corporation as a result of Bill 109; c. Ensure that the Report back includes plain language to ensure that the public can understand the information being presented in the Report; and, d. Report back no later than the June 26, 2023 Council Meeting. 2. Response to Council concerns 2.1 Clarify any potential financial risks On December 22, 2022, Minster Clark wrote a letter to the Heads of Council, similar to the one sent to AMO, committing to introduce legislation to delay the effective date of refund provisions to July 1, 2023 (see Letter from Minister Clark, dated December 22, 2022, Attachment #4). At the time of writing this Report, no change had yet been made to Provincial legislation to extend application refund deadlines. As a result, the City is currently at risk for refunding fees for rezoning and site plan applications, received after January 1, 2023, that exceed the decision and approval timelines in the Planning Act. As of March 1, 2023, $351,375 in application funds are currently at risk for refund. Using a three-year range, the average amount of fees that could be at risk is approximately $1,000,000 per year. PLN 09-23 April 3, 2023 Subject: City Initiated Official Plan Amendment 46 Page 4 2.2 Research from other municipalities Staff reviewed the responses to Bill 109 being made by Markham and other Durham area municipalities to identify other potential options that could be considered. All municipalities surveyed recognized the challenge of fitting their current review practices into the new timeframes, and as a result, are revising their procedures to “front-end” their review of development proposals. This involves undertaking technical review of the proposals, circulating proposals to commenting agencies, and identifying changes required to Proponents before the formal application is received. Figure 1: Proposed Development Review Process After the complete applications are received (Stage 2), the “application decision clock” starts. A few of the revisions that other municipalities are making to their processes within the application decision timeline include: • Reducing the content of information reports at Statutory Public Meetings; • Reducing the content of staff presentations at Statutory Public Meetings; • Approving minor applications on the same night as the Statutory Public Meeting. Even municipalities that already have a more frequent Committee and Council schedule than Pickering are exploring ways to modify their current review procedures. The Public Notice requirements within the Planning Act, and the amount of time needed to prepare staff reports and public meeting presentations, continue to constrain municipalities from making or requiring major changes within the application decision timeframe. A number of municipalities are still undertaking studies to evaluate further changes needed to successfully shift their processes to align with recent revisions to the Planning Act. Since all municipalities are implementing new review procedures in 2023, there is no opportunity yet to compare different practices and approaches. It should be noted that Building Industry and Land Development Association (BILD) has appealed Official Plan Amendments for the municipalities of Ajax, Brampton, Burlington, and Oakville. PLN 09-23 April 3, 2023 Subject: City Initiated Official Plan Amendment 46 Page 5 2.3 Ensure adequate public participation The proposed changes to the application decision process include replacing the information report at the statutory public meeting with a recommendation report. This means that public comments received at the statutory public meeting will not be incorporated into the recommendation report. Members of Council have expressed their concern that this reduces the amount of public engagement. Figure 2: Current Public Engagement and Reporting To address this concern, a mandatory open house will be required for applications as part of the Pre-Submission Stage. Circulation of notice for the Open House will be provided in consultation with the area Ward Councillors. Staff will provide Proponents with a set of requirements for hosting and reporting on the Open House to ensure consistency. The public feedback gathered at that meeting will be summarized in a Public Engagement Report, which will be one of the requirements of a complete application. This Report will list the feedback that was received, and describe how it was addressed in the proposal. Figure 3: Proposed Public Engagement and Reporting In addition to the mandatory open house attended by the Proponent, a second open house may also be considered after the formal application has been received. City staff and Ward Councillors will evaluate each application received and determine which ones warrant a second open house. The second open house would provide the public an opportunity to review the formal application to learn about revisions and changes that were made during the technical review. The second open house would occur after the technical review has been completed and prior to the statutory public meeting. For further details, see Attachments #2 and #3. PLN 09-23 April 3, 2023 Subject: City Initiated Official Plan Amendment 46 Page 6 3. Public and development community comments The City received written comments from BILD and three developers. There was also one public delegation at the Statutory Public Meeting. The main comments received included: • Concern that there are no defined timelines within the pre-submission stage; • Recommend that the City not start the new procedures until the Provincial refund requirements take effect; • Delay making a decision on the proposed changes to allow for greater engagement with industry partners; and • Do not make public consultation mandatory at the pre-submission stage. 3.1 Online forum with development community On January 11, 2023, staff hosted an online forum for BILD and members of the development community. The purpose of this forum was to review the proposed changes to the development review process and address concerns. Questions raised at this forum included: • How will the proposed process save time in development review? • When will these changes be implemented? • Is it reasonable to make a Record of Site Condition a requirement for a complete application? • How will the City transition from its current process to the proposed process? 3.2 Response to development community The legislative changes from Bill 109 do not account for all factors that contribute to the length of development review (i.e., agency response time, Proponent response time, quality of Proponent submission). The City’s proposed changes to the development review process are intended to preserve the integrity of the City’s current review process while also protecting the City from financial risks from application fee refunds. It is expected that the proposed changes will maintain the City’s development review timeframes. Staff recommend that the proposed changes take effect on June 1, 2023. A Record of Site Condition is already required prior to application approval. 3.2.1 Proposed Transitional Provisions To assist Proponents with implementing the revised development review process, the following transitional provisions are being proposed: PLN 09-23 April 3, 2023 Subject: City Initiated Official Plan Amendment 46 Page 7 3.2.1.1 New Proposals As landowners contact the City Development Department to discuss a development proposal, staff will explain the new development review process, and provide directions on how to proceed to a complete application. 3.2.1.2 Pre-consultation Completed, but no Application Submitted Where complete application requirements have already been determined through a formal pre-consultation meeting prior to June 1, 2023, City staff will either: a. amend the formal pre-consultation requirements; or b. require a new pre-consultation meeting. 3.2.1.3 Existing Application, but no Statutory Public Meeting held yet These applications (submitted and deemed complete prior to June 1st, 2023) 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. 3.2.1.4 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. 4. Revise Fee Schedule The proposed amendment to the General Municipal Fees and Charges By-law reflects process changes resulting from Bill 109. The amount of money collected for each application will remain the same. The proposed amendment shifts the timing for when fees are paid to more accurately reflect where in the process the corresponding amount of work is completed (see Appendix III to Report PLN 09-23). 5. Notice of Proposed Official Plan Amendment 46 In accordance with the requirements of the Planning Act, a notice of this Report was provided to all individuals and organizations that had registered as an Interested Party with the City Development Department. This list includes BILD and members of the local development industry. 6. Conclusion Staff will continue to focus resources on effectively reviewing development proposals, while also meeting application decision 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 (such as a rezoning application and a site plan application) to be submitted concurrently; PLN 09-23 April 3, 2023 Subject: City Initiated Official Plan Amendment 46 Page 8 • introduce a new “pre-submission” review stage; • revise the “complete application” requirements for development applications; • make hosting an open house a mandatory requirement for submitting a complete application; • hold voluntary open houses when deemed appropriate; • 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 09-23 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 6191/03, 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 6191/03, General Municipal Fees Attachments 1. Text of Report PLN 47-22, 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 2. Current Zoning By-law Amendment Process 3. Proposed Zoning By-law Amendment Process 4. Letter from Minister Clark, dated December 22, 2022 PLN 09-23 April 3, 2023 Subject: City Initiated Official Plan Amendment 46 Page 9 Prepared By: Original Signed By Paul Wirch, RPP Principal Planner, Policy 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 PLN 09-23 Draft By-law to Adopt Amendment 46 to the City of Pickering Official Plan The Corporation of the City of Pickering By-law No. XXXX/23 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 XXXX day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Exhibit “A” to By-law XXXX/23 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-submission consultation 16.2A City Council shall require applicants to consult with the Mmunicipality 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 Studies Requirements 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. Amendment 46 to the Pickering Official Plan Page 4 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 Studies Requirements for Site Plan Approval 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 PLN 09-23 Draft By-law to Amend By-law 6942/09 Pre-consultation By-law The Corporation of the City of Pickering By-law No. XXXX/23 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 unless otherwise determined by the Director of City Development. By-law No. XXXX/23 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 XX day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Appendix III to Report PLN 09-23 Draft By-law to Amend By-law 6191/03 General Municipal Fees The Corporation of the City of Pickering By-law No. XXXX/23 Being a by-law to 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, 7918/22 and 7983/23; 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 XX day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk Schedule “I” to By-law XXXX/23 Updated Application Fees for City Development – Planning City Development Department - Planning User Fee or Charge Current Fee (Excluding HST) 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 change Official Plan Compendium $50.00 $50.00 Y No change Seaton Sustainable Placemaking Guidelines 1 $50.00 $50.00 Y No change City Centre Urban Design Guidelines $50.00 $50.00 Y No change Kingston Mixed Corridor & Brock Mixed Node Design Guidelines $50.00 $50.00 Y No change Development Guidelines $5.00-$20.00 $5.00-$20.00 Y No change Special Studies $10.00-$20.00 $10.00-$20.00 Y No change No change Zoning By-laws 3036 - Set 13 Volume $100.00 $100.00 Y No change 3036 - By Volume $10.00 $10.00 Y No change 2511, 2520, 3037, 7364/14 (Seaton), 7553/17 (City Centre) $40.00 $40.00 Y No change 20 Year Household & Population $30.00 $30.00 Y No change Mapping $5.00-$25.00 $5.00-$25.00 Y No change Address Booklet $25.00-$50.00 $25.00-$50.00 Y No change Fiche Prints Price Varies Price Varies Y No change Special Mapping Requests $54.15/hr $54.15/hr Y No change Photocopies - 6 or more pages $0.50/ea $0.50/ea Y No change CD Copies of Documents $10.00/document $10.00/document Y No change Telecommunications Tower Approval $9,355.00 $9,355.00 N No change Minor Variance Applications to recognize an "as built condition" Double the regular fee Double the regular fee N No change Accessory buildings, structures, decks, platforms & driveway widening $820.00 $820.00 N No change Residential Minor (a lot for a detached dwelling unit, semi-detached dwelling unit and/or freehold townhouse dwelling unit) Single Variance $1,100.00 $1,100.00 N No change Multiple Variances $1,390.00 $1,390.00 N No change Residential Major (all other residential and mixed use buildings) Single Variance $2,400.00 $2,400.00 N No change Multiple Variances $2,710.00 $2,710.00 N No change Institutional, Commercial & Industrial Single Variance $3,040.00 $3,040.00 N No change Multiple Variances $3,550.00 $3,550.00 N No change Tabling Fee & Recirculation (applicant initiated) $760.00 $760.00 N No change Special Meeting $4,830.00 $4,830.00 N No change Authorization to Apply for Variance Under Section 45 (1.4) of the Planning Act $6,906.00 $6,906.00 N No change Application for Pre-Consultation Simple2 $350.00 $350.00 N No change Complex $1,200.00 $1,200.00 N No change Zoning By-law Amendment - Pre-submission Review User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development Department - Planning Zoning By-law Amendment - Major 3 - Base Fee New $9,590.00 N June 1, 2023 Plus Fee per Residential Unit First 25 units (1-25)New $260.00 N June 1, 2023 Next 75 units (26-100)New $190.00 N June 1, 2023 Next 100 Units (101-200)New $160.00 N June 1, 2023 Next 800 Units (201-1,000)New $65.00 N June 1, 2023 Plus Fee per Non-Residential Ha of Land Area 4 New $910.00 N June 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area 5 New $330.00 N June 1, 2023 Zoning By-law Amendment - Minor 6 New $6,690.00 N June 1, 2023 Zoning By-law - Recirculation 7 $2,000.00 $2,000.00 N No change Additional fee if within Oak Ridges Moraine or Greenbelt New $1,320.00 N June 1, 2023 Zoning By-law - Removal of Holding New $1,980.00 N June 1, 2023 Zoning By-law - Removal of Holding (Complex/Block Plan Required) New $9,590.00 N June 1, 2023 Zoning By-law - Extension of Temporary Use By-law New $9,590.00 N June 1, 2023 Authorization to Apply for Variance Under Section 34 (10.0.0.2) of the Planning Act New $6,906.00 N June 1, 2023 Zoning By-law Amendment - Application Zoning By-law Amendment - Major 3 - Base Fee $19,690.00 $10,100.00 N June 1, 2023 Plus Fee per Residential Unit First 25 units (1-25)$500.00 $240.00 N June 1, 2023 Next 75 units (26-100)$370.00 $180.00 N June 1, 2023 Next 100 Units (101-200)$305.00 $145.00 N June 1, 2023 Next 800 Units (201-1,000)$125.00 $60.00 N June 1, 2023 Plus Fee per Non-Residential Ha of Land Area 4 $1,395.00 $485.00 N June 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area) 24 $635.00 $305.00 N June 1, 2023 Zoning By-law Amendment - Minor 6 $13,190.00 $6,500.00 N June 1, 2023 Additional fee if within Oak Ridges Moraine or Greenbelt $2,570.00 $1,250.00 N June 1, 2023 Zoning By-law - Removal of Holding $3,810.00 $1,830.00 N June 1, 2023 Zoning By-law - Removal of Holding (Complex/Block Plan Required) $19,690.00 $10,100.00 N June 1, 2023 Zoning By-law - Extension of Temporary Use By-law $19,690.00 $10,100.00 N June 1, 2023 Zoning By-law - Reconsideration 8 $5,230.00 $5,230.00 N No change Minister Zoning Order Minister Zoning Order Amendment - Major 9 $3,000.00 $3,000.00 N No change Minister Zoning Order Amendment - Minor 10 $2,500.00 $2,500.00 N No change Official Plan Amendment - Pre-submission Review Pickering Official Plan Amendment - Major 11 New $45,500.00 N June 1, 2023 Pickering Official Plan Amendment - Minor 12 New $21,650.00 N June 1, 2023 User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development Department - Planning Pickering Official Plan Amendment - Recirculation 7 New $2,000.00 N June 1, 2023 Additional fee if within Oak Ridges Moraine or Greenbelt New $3,300.00 N June 1, 2023 Official Plan Amendment - Application Pickering Official Plan Amendment - Major 11 $89,000.00 $43,500.00 N June 1, 2023 Pickering Official Plan Amendment - Minor 12 $42,400.00 $20,750.00 N June 1, 2023 Additional fee if within Oak Ridges Moraine or Greenbelt $6,300.00 $3,000.00 N June 1, 2023 Regional Official Plan - Amendment (not part of a Pickering OPA) $37,100.00 $37,100.00 N No change Neighbourhood Development Guideline Amendment 13 $4,300.00 $4,300.00 N No change Land Division Comments $2,600.00 $2,600.00 N No change Clearance of Conditions $1,300.00 $1,300.00 N No change Council authorization to proceed by land division instead of draft plan of subdivision 14 $8,670.00 $8,670.00 N No change Cash-in-Lieu of Parkland Conveyance For the creation of up to 3 additional lots (price per lot created) $6,940.00 $6,940.00 N No change For the creation of more than 3 additional lots See Parkland By-law See Parkland By-law N No change Draft Plan of Subdivision - Pre-submission Review Base Fee New $32,800.00 N June 1, 2023 Plus Fee per Residential Unit New First 25 units (1-25)New $470.00 N June 1, 2023 Next 75 units (26-100)New $380.00 N June 1, 2023 Next 100 Units (101-200)New $300.00 N June 1, 2023 Next 800 Units (201-1,000)New $190.00 N June 1, 2023 Plus Fee per Non-Residential Ha (or part thereof) of Land Area 4 New $150.00 N June 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area 5 New $95.00 N June 1, 2023 Recirculation 7 $2,000.00 $2,000.00 N No change Additional fee if within Oak Ridges Moraine or Greenbelt New $1,000.00 N June 1, 2023 Applicant-Initiated Major Revisions (prior to Draft Plan Approval) New $22,200.00 N June 1, 2023 Revisions to Draft Approved Plan - (redline revisions) - Pre-submission Review Base Fee New $13,000.00 N June 1, 2023 Plus Fee per Additional Residential Units First 25 units (1-25)New $470.00 N June 1, 2023 Next 75 units (26-100)New $380.00 N June 1, 2023 Next 100 Units (101-200)New $300.00 N June 1, 2023 User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development Department - Planning Next 800 Units (201-1,000)New $190.00 N June 1, 2023 Plus Fee per Non-Residential Ha (or part thereof) of Land Area New $150.00 N June 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area New $95.00 N June 1, 2023 Draft Plan of Subdivision - Application Base Fee $67,400.00 $34,600.00 N June 1, 2023 Plus Fee per Residential Unit First 25 units (1-25)$1,045.00 $575.00 N June 1, 2023 Next 75 units (26-100)$845.00 $465.00 N June 1, 2023 Next 100 Units (101-200)$665.00 $365.00 N June 1, 2023 Next 800 Units (201-1,000)$420.00 $230.00 N June 1, 2023 Plus Fee per Non-Residential Ha (or part thereof) of Land Area 4 $335.00 $185.00 N June 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area 5 $210.00 $115.00 N June 1, 2023 Additional fee if within Oak Ridges Moraine or Greenbelt $3,500.00 $2,500.00 N June 1, 2023 Revisions to Draft Approved Plan - (redline revisions) - Application Base Fee $26,600.00 $13,600.00 N June 1, 2023 Plus Fee per Additional Residential Units First 25 units (1-25)$1,045.00 $575.00 N June 1, 2023 Next 75 units (26-100)$845.00 $465.00 N June 1, 2023 Next 100 Units (101-200)$665.00 $365.00 N June 1, 2023 Next 800 Units (201-1,000)$420.00 $230.00 N June 1, 2023 Plus Fee per Non-Residential Ha (or part thereof) of Land Area $335.00 $185.00 N June 1, 2023 Plus Fee per Development Block Ha (or part thereof) of Land Area $210.00 $115.00 N June 1, 2023 Release of Draft Plan of Subdivision/Clearance Fee $2,000.00 $2,000.00 N No change Plan of Condominium - Pre-submission Review Draft Plan of Condominium New $5,400.00 N June 1, 2023 Common Element Condominium New $7,900.00 N June 1, 2023 Recirculation 7 $2,000.00 $2,000.00 N No change Condominium Conversion New $7,900.00 N June 1, 2023 Revisions to a Draft Approved Plan - (redline revisions) $3,100.00 $3,100.00 N No change Plan of Condominium - Application Draft Plan of Condominium $19,000.00 $13,600.00 N June 1, 2023 Common Element Condominium $27,200.00 $19,300.00 N June 1, 2023 Condominium Conversion $27,200.00 $19,300.00 N June 1, 2023 Release of Draft Plan of Condominium/Clearance Fee $2,000.00 $2,000.00 N No change Site Plan - Pre-submission Review Residential See "All Uses Residential, Non-Residential, Mixed- Use) N No change User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development Department - Planning Commercial See "All Uses Residential, Non-Residential, Mixed- Use) N No change Industrial See "All Uses Residential, Non-Residential, Mixed- Use) N No change All Uses (Residential, Non-Residential, Mixed-Use) - Base Fee New $5,300.00 N June 1, 2023 Plus Fee per Residential Unit First 25 units (1-25)New $370.00 N June 1, 2023 Next 75 units (26-100)New $300.00 N June 1, 2023 Next 100 Units (101-200)New $225.00 N June 1, 2023 Next 800 Units (201-1,000)New $55.00 N June 1, 2023 Plus Fee per 2,000 m2 (or part thereof) of Non-Residential GFA New $4,405.00 N June 1, 2023 Recirculation 7 $2,000.00 $2,000.00 N No change Applicant Initiated Revision Base Fee Base Fee N No change Site Plan - Application Review Residential See "All Uses Residential, Non-Residential, Mixed- See "All Uses Residential, Non-Residential, Mixed- Use) N No change Commercial See "All Uses Residential, Non-Residential, Mixed- See "All Uses Residential, Non-Residential, Mixed- Use) N No change Industrial See "All Uses Residential, Non-Residential, Mixed- See "All Uses Residential, Non-Residential, Mixed- Use) N No change All Uses (Residential, Non-Residential, Mixed-Use) - Base Fee $8,200.00 $2,900.00 N June 1, 2023 Plus Fee per Residential Unit First 25 units (1-25)$515.00 $145.00 N June 1, 2023 Next 75 units (26-100)$415.00 $115.00 N June 1, 2023 Next 100 Units (101-200)$310.00 $85.00 N June 1, 2023 Next 800 Units (201-1,000)$75.00 $20.00 N June 1, 2023 Plus Fee per 2,000 m2 (or part thereof) of Non-Residential GFA $6,100.00 $1,695.00 N June 1, 2023 Site Plan Agreement and Clearance of Conditions $7,300.00 $7,300.00 N No change Compliance Inspections/LC Release Report (includes 2 inspections) $960.00 $960.00 N No change Additional Compliance Inspections $410.00 $410.00 N No change Other Fees Request for Zoning Information $55.00 $55.00 N No change Zoning Certificate - Residential (single, semi, townhouse, accessory structure) initial review + 1 revision $150.00 $150.00 N No change Zoning Certificate - Development (within infill precincts, ORM, or requiring MDS calculation) initial review + 1 revision $580.00 $580.00 N No change Zoning Certificate - Mixed-use/Multi Residential/Non-Residential (industrial, commercial, institutional) initial review + 1 revision $695.00 $695.00 N No change Peer Reviews 15 Full recovery of City costs + 10% admin. fee Full recovery of City costs + 10% admin. fee Y No change User Fee or Charge Current Fee (Excluding HST) Proposed Fee (Excluding HST) HST Applicable (Y/N) Proposed Fee Effective Date City Development Department - Planning Minor Revision to Approved Condo Site Plan (by unit owner) i.e., decks, sheds, fences $115.00 $115.00 N No change File Reactivation 16 $5,230.00 $5,230.00 N No change Opinion Letter for Complex Inquiries $1,200.00 $1,200.00 N No change Add Street Name to Approved List $1,070 $1,070 Y No change Request to Change Municipal Address $1,070 $1,070 Y No change Request for Exception to Council Adopted Policies on Municipal Addressing and Street Naming $6,040.00 $6,040.00 N No change Refund of Application Fees 17 $0 $0 Y No change Film Location Permit $350.00 $350.00 Y No change Film Location Permit and Road Closure $500.00 $500.00 Y No change Any other matter requiring a Report to Committee or Council $6,040.00 $6,040.00 N No change 1. Fee applicable after Council adoption. - 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. - 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 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. - 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. 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 - 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 -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. 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: 8. An Application may apply for reconsideration provided that the resolution of the issue of concern: 7. Application fees include two resubmissions before re-circulation fees apply. Recirculation fees will be charged for the fourth submission and every submission thereafter. 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: 2. Oak Ridges Moraine applications, minor additions to existing bldgs (up to 20% of the current gross floor area) and inclusion of related Attachment #1 to Report PLN 09-23 Report 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 Attachment #2 to Report PLN 09-23 Current Zoning By-law Amendment Process Zoning By-law Amendment Application 90 D a y s Su b m i s s i o n Recommend ation Report Stat. Public Meeting Voluntary Open House P& D C o m m i t t e e Co u n c i l Complete Application Pr e - c o n s u l t a t i o n P& D C o m m i t t e e Information Report Attachment #3 to Report PLN 09-23 Proposed Zoning By-law Amendment Process Zoning By-law Amendment Application Pr e - c o n s u l t a t i o n Pre-Submission Pr e - s u b m i s s i o n 90 D a y s Su b m i s s i o n Recommend ation Report Stat. Public Meeting Public Engage. Report Mandatory Open House Voluntary Open House P& D C o m m i t t e e Co u n c i l Complete Application Attachment #4 to Report PLN 09-23 234-2022-6136 December 22, 2022 Dear Head of Council: Ontario’s housing supply crisis is a problem which has been decades in the making. It will take both short-term strategies and long-term commitment from all levels of government, the private sector, and not-for-profits to drive change. Each entity will have to do their part to be part of the solution. To help support this important priority, I am pleased to provide you with an update on recent legislative and regulatory changes our government has made to help get 1.5 million homes built over the next 10 years. Bill 109, the More Homes for Everyone Act, 2022 Bill 109, the More Homes for Everyone Act, 2022, was introduced on March 30, 2022 and received Royal Assent on April 14, 2022. As part of the government’s More Homes for Everyone Plan, Schedule 5 of Bill 109 made changes to the Planning Act. Consequential changes were also made to the City of Toronto Act, 2006. Most of the Planning Act changes are now in effect except for the zoning and site plan control fee refund provisions, which are due to come into force on January 1, 2023. However, I am committed to bringing forward legislation to delay the effective date of the fee refund changes from January 1, 2023 to July 1, 2023. These legislative changes would be introduced in the new year. In the event that any fee refunds become due to applicants before these legislative changes are made, municipalities might consider not issuing refunds in the interim given my express commitment to introduce legislation that, if passed, would retroactively cancel the requirement. You can find more information about Bill 109 on the Environmental Registry of Ontario (019-5284), and the Ontario Legislative Assembly website. …/2 Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M7A 2J3 Tel.: 416 585-7000 Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto (Ontario) M7A 2J3 Tél. : 416 585-7000 -2- Bill 23, More Homes Built Faster, 2022 Bill 23, the More Homes Built Faster Act, 2022, was introduced on October 25, 2022, and received Royal Assent on November 28, 2022. To support More Homes Built Faster: Ontario’s Housing Supply Action Plan: 2022– 2023, Schedule 9 of Bill 23 made changes to the Planning Act. Schedule 1 of Bill 23 also made similar changes to the City of Toronto Act, 2006 related to site plan provisions. Schedule 3 of Bill 23 made changes to the Development Charges Act. The planning-related and municipal development-related charges changes came into force on November 28, 2022, except for provisions related to removal of planning responsibilities from certain upper-tier municipalities, certain provisions related to parkland dedication, and exemptions from municipal development-related charges for affordable and attainable housing, which will come into force on a day in the future to be named by proclamation. Provisions related to Conservation Authorities will take effect January 1, 2023. Bill 23 also made changes to legislation led by other ministries. Please see Appendix A for an overview of the effective dates of the Bill 23 changes by schedule. You can find more information about Bill 23 on the Environmental Registry of Ontario (019-6163), and the Ontario Legislative Assembly website. Bill 3, the Strong Mayors, Building Homes Act, 2022 and Bill 39, the Better Municipal Governance Act, 2022 Bill 3, the Strong Mayors, Building Homes Act, 2022, was introduced on August 10, 2022, and received Royal Assent on September 8, 2022. Bill 3 and associated regulations (O. Reg. 529/22 and O. Reg. 530/22) came into force on November 23, 2022. Bill 39, the Better Municipal Governance Act, 2022, was introduced on November 16, 2022, and received Royal Assent on December 8, 2022. Bill 39, amendments to associated regulations (O. Reg. 581/22 and O. Reg. 583/22), and additional regulations to prescribe provincial priorities (O. Reg. 580/22 and O. Reg. 582/22) came into force on December 20, 2022. Additional details can be found in Appendix B and on the Ontario Legislative Assembly’s website (Bill 3 and Bill 39). Sincerely, Steve Clark Minister c: Chief Administrative Officer Appendix A Effective Dates for Bill 23, the More Homes Built Faster Act, 2022 Schedule Effective Date Schedule 1: City of Toronto Act, 2006 All of the changes in Schedule 1 (City of Toronto Act) came into force on the day the bill received Royal Assent. Note: The legislative changes to the City of Toronto Act include amendments that give the Minister of Municipal Affairs and Housing authority to make regulations imposing limits and conditions on how municipalities can regulate the demolition and conversion of residential rental properties of six units or more. No regulations have been made at this time. Schedule 2: Conservation Authorities Act Changes in Schedule 2 (Conservation Authorities Act) came into force the day the bill received Royal Assent, except for: • On January 1, sections related to streamlining disposition of lands for CAs comes into force which would allow CAs to sell or lease land without Minister’s approval provided they follow rules around public consultation and notifications. • Also on January 1, sections that enable the Minister’s ability to issue direction to freeze fees and ability to scope CA commenting on development applications and land use planning policies through regulation, would come into force but only have effect when the Minister issues direction on fees or if a regulation prescribing Act under which CA commenting roles is restricted is made. • Changes related to CA permitting (including removal of “conservation of land” and “pollution”, adding “unstable soil and bedrock”, regulation making powers to exempt development from a CA permit where it has been authorized under the Planning Act, etc.) take effect on a later date (upon proclamation) once a new regulation under Section 28 of the CA Act is in effect. MNRF continues to consult on that regulation through the Environmental Registry (#019-2927). Schedule 3: Development Charges Act, 1997 All of the changes in Schedule 3 (Development Charges Act) came into force on the day the bill received Royal Assent, with the exception of provisions relating to development charge exemptions for affordable and attainable housing units, which would take effect upon proclamation. Schedule 4: Municipal Act, 2001 All of the changes in Schedule 4 (Municipal Act) came into force on the day the bill received Royal Assent. Note: The legislative changes to the Municipal Act give the Minister of Municipal Affairs and Housing authority to make regulations imposing limits and conditions on how municipalities can regulate the demolition and conversion of residential rental properties of six units or more. No regulations have been made at this time. Schedule 5: New Home Construction Licensing Act, 2017 Many of the amendments in Schedule 5 (New Home Construction Licensing Act) came into force on the day the bill received Royal Assent. The amendments regarding the maximum fine that a court may impose for a subsequent conviction, as well as most of the amendments related Schedule Effective Date to administrative penalties, will come into force on February 1, 2023. Schedule 6: Ontario Heritage Act Most of the amendments to the Ontario Heritage Act (OHA) made through the bill will be proclaimed into force on January 1, 2023. These include: • The new authorities under Part III.1 of the Act that relate to the Standards and Guidelines for Conservation of Provincial Heritage Properties. • Most of the changes to procedures related to municipal registers, including the process and requirements around inclusion of non- designated properties on the municipal registers. However, the requirement for municipalities to make their municipal registers available on a publicly accessible website will not come into force until July 1, 2023 to provide municipalities with time to ensure compliance. • Limiting the ability to issue a Notice of Intention to Designate a property subject to a prescribed event to only those properties included on a municipal register. • The authority to prescribe criteria for determining cultural heritage value or interest for the purposes of including non-designated properties on the municipal register and designating a Heritage Conservation District (HCD). • The authority to set out processes to amend and repeal HCD bylaw in regulation. Note, the Ministry of Citizenship and Multiculturalism will consult on the development of these processes to be set out in regulation in 2023. Regulatory amendments to O.Reg. 9/06: Criteria for Determining Cultural Heritage Value or Interest will also come into force on January 1, 2023. These changes establish that non-designated properties included on a register must meet one or more of the criteria outlined in the regulation, and that individual properties and HCDs must meet two or more of the criteria included in the regulation in order to be designated. The regulation also includes transitionary provisions to address matters underway at the time of the changes coming into force. The outstanding amendments to the OHA made through Bill 108, the More Homes, More Choice Act, 2019, will also be proclaimed into force on January 1, 2023. The amendments speak specifically to the demolition or removal of an attribute that is not a building or structure within an HCD. Regulatory amendments to O.Reg. 358/21: General will come into force on January 1, 2023. These amendments include consequential housekeeping amendments and transition provisions related to the above legislative amendments coming into force. Bill 23 included some minor housekeeping amendments to the OHA that came into force upon Royal Assent. These included repealing the alternative definition of “alter”. Schedule 7: Ontario Land Tribunal Act, 2001 The changes in Schedule 7 (More Homes Built Faster Act, 2022) will come into force on proclamation. Schedule Effective Date Schedule 8: Ontario Underground Infrastructure Notification System Act, 2012 The changes in Schedule 8 (Ontario Underground Infrastructure Notification System Act, 2012) came into force on the day the bill received Royal Assent. Schedule 9: Planning Act The changes in Schedule 9 (Planning Act) all came into force on the day the bill received Royal Assent, with the following exceptions: • provisions related to removal of planning responsibilities from certain upper-tier municipalities, which would come into force on a day to be named by proclamation. • provisions related to the exemption of community benefits charge and parkland dedication requirements for affordable and attainable housing units • provisions related encumbered land to be conveyed to municipalities by developers for park or other recreational purposes • provisions related to Conservation Authorities (linked to the changes in Schedule 2) will take effect January 1, 2023 Schedule 10: Supporting Growth and Housing in York and Durham Regions Act, 2022 Except as otherwise provided, the Act set out in Schedule 10 came into force on the day bill received Royal Assent. • Sections 7 to 10, subsection 11 (5) and section 14 come into force on a day to be named by proclamation of the Lieutenant Governor. Once in force, these sections will require a prescribed municipality to develop, construct, and operate the Lake Simcoe phosphorus reduction project and allow the Ontario Clean Water Agency to undertake some or all of that project if ordered to do so by the Lieutenant Governor in Council. The project will also be exempt from the Environmental Assessment Act. • Subsection 85 (1) comes into force on the later of the day subsection 44 (1) of this Act comes into force and the day section 2 of Schedule 5 to the Accelerating Access to Justice Act, 2021 comes into force. Subsection 85 (1) makes consequential changes to the Act arising out of changes to the Expropriations Act in respect of alternative hearings processes. • Subsection 85 (2) comes into force on the later of the day section 61 of this Act comes into force and the day section 42 of Schedule 4 to the Comprehensive Ontario Police Services Act, 2019 comes into force. Subsection 85 (2) makes consequential changes to the Act arising out of the Comprehensive Ontario Police Services Act, 2019 consistent with other Ministry of the Environment, Conservation and Parks legislation. The change would allow a person undertaking an inspection to obtain the assistance of the local police force rather than the Ontario Provincial Police Force. Appendix B Bill 3, the Strong Mayors, Building Homes Act, 2022 and Bill 39, the Better Municipal Governance Act, 2022 As a result of Bills 3 and 39, changes were made to the Municipal Act, 2001, City of Toronto Act, 2006 and the Municipal Conflict of Interest Act, and regulations were established to give the mayors in Toronto and Ottawa strong mayor powers to help advance shared provincial-municipal priorities, including building new homes. These powers include: • Choosing to appoint the municipality’s chief administrative officer, • Hiring certain municipal department heads, and establish and re-organize departments, • Creating committees of council, assigning their functions and appointing the Chairs and Vice-Chairs of committees of council, and • Proposing the municipal budget, subject to council amendments and a head of council veto and council override process. The mayors of Toronto and Ottawa can also use strong mayor powers related to provincial priorities. These include: • Vetoing certain by-laws if the mayor is of the opinion that all or part of the by-law could potentially interfere with a provincial priority, • Bringing forward matters for council consideration if the mayor is of the opinion that considering the matter could potentially advance a provincial priority, and • Proposing certain municipal by-laws if the mayor is of the opinion that the proposed by- law could potentially advance a provincial priority. Council can pass these by-laws if more than one-third of council members vote in favour. The provincial priorities for the purposes of strong mayor powers are prescribed in O. Reg. 580/22 and O. Reg. 582/22 and they are: 1. Building 1.5 million new residential units by December 31, 2031. 2. Constructing and maintaining infrastructure to support housing, including, transit, roads, utilities, and servicing.