HomeMy WebLinkAboutBy-law 5546/99THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 5546/99
Being a by-law regarding Development Charges
WHEREAS, pursuant to the provisions of section 2(1) of the Development Charges Act, 1997 (the
Act), the council of a municipality may by by-law impose development charges against land to pay
for increased capital costs required because of increased needs for servicing arising from
development of the area to which the by-law applies; and
WHEREAS the Council of the Corporation of the Town of Pickering, approved the Town of
Pickering Development Charge Background Study, dated June 1, 1999, as updated on July 5, 1999,
prepared by C.N. Watson & Associates Ltd., Economists;
AND WHEREAS the Council has made the Background Study and proposed DC by-law available to
the public at least two weeks prior to the public meetings and has given Notice in accordance with
Section 12 of the Development Charges Act, 1997 of its development charges proposal and public
meetings held on June 16, 1999 and July 20, 1999;
AND WHEREAS the Council has heard all persons who applied to be heard in objection to, or in
support of, the proposed development charge by-law proposal at such public meetings, and provided
a subsequent period for written communications to be made;
AND WHEREAS the Council in adopting the Development Charge Background Study on August
16, 1999 directed that development charges be imposed on land under development or
redevelopment within the geographical limits of the municipality as hereinafter provided.
NOW THEREFORE the Council of The Corporation of the Town of Pickering hereby ENACTS AS
FOLLOWS:
PART 1
APPLICATION
(1)
Subject to subsection (2), this by-law applies to all lands in the Town of Pickering,
whether or not the land or use is exempt fi'om taxation under section 3 of the
Assessment Act.
(2)
This by-law shall not apply to land that is owned by and used for the purposes of,
(a) a board of education as defined under subsection 1(1) of the Education Act;
(b) any municipality or local board thereof;
(c) the development of a non-residential farm building used for bona fide
agricultural purposes;
(d)
a building or structure that is used in connection with a place of worship and
is exempt fi:om taxation under the Assessment Act as a result;
(e)
development where, by comparison with the land at any time within five
years previous to the imposition of the charge:
(i) no additional dwelling units are being created;
(ii) no additional non-residential gross floor area is being added.
(3)
An owner who has obtained a demolition permit and demolished existing dwelling
units or non-residential area in accordance with the provisions of the Building Code
Act shall not be subject to the development charge under subsection (1) with respect
to the development being replaced, provided that the building permit for the
replacement residential units or non-residential area is issued not more than 5 years
after the date of demolition and provided that any dwelling units or additional non
residential floor area created in excess of what was demolished shall be subject to the
development charge calculated under section 6 and 11, respectively.
(4)
Council may agree to grant a full or partial exemption from development charges for
group homes, nursing homes, retirement homes, non-profit housing and registered
charitable organizations.
(1)
Subject to subsection (2), development charges shall apply, and shall be calculated,
paid and collected in accordance with the provisions of this by-law, in respect of land
to be developed for residential use, non-residential use, or both, where the
development requires,
(a)
the passing of a zoning by-law or of an amendment to a zoning by-law under
Section 34 of the Planning Act;
(b) the approval of a minor variance under Section 45 of the Planning Act;
(c)
a conveyance of land to which a by-law passed under subsection 50(7) of the
Planning Act, applies;
(d) the approval of a plan of subdivision under Section 51 of the Planning Act;
(e) a consent under Section 53 of the Planning Act;
(f) the approval of a description under Section 50 of the Condominium Act; or
(g)
the issuing of a permit under the Building Code Act, in relation to a building
or structure.
(2) Subsection (1) shall not apply in respect of:
(a) local services, related to a plan of subdivision or within the area to which the plan
relates, to be installed or paid for by the owner as a condition of approval under
Section 51 of the Planning Act;
(b) local services to be installed or paid for by the owner as a condition of approval
under Section 53 of the Planning Act.
(3)
Subsection (1) shall not apply with respect to only bona fide and complete permit
applications received prior to the effective date of this by-law.
(1)
Where two or more of the actions described in subsection 2(1) are required before
land to which a development charge applies can be developed, only one development
charge shall be calculated, paid and collected in accordance with the provisions of
this by-law.
(2)
Notwithstanding subsection (1) above, more than one development charge by-law
may apply to the same area and if two or more of the actions described in subsection
2(1) occur at different times, and if the subsequent action has the effect of increasing
the need for services as designated in sections 5 and 10, an additional development
charge shall be calculated, paid and collected in accordance with the provisions of
this by-law.
PART II
RESIDENTIAL DEVELOPMENT CHARGES
4. In this part,
(a)
"apartment" means a building or part of a building containing one or more dwelling
units, none of which is a single-detached dwelling, a single-attached dwelling or a
semi-detached dwelling;
(b)
"bedroom" means any habitable room that allows for the use of one or more persons,
including but not limited to, a den and family room, but does not include a room
clearly designed as a kitchen, living room, dining room or bathroom;
(c) "development charge" means residential development charge;
(d)
"dwelling unit" means a suite operating as a housekeeping unit, used or intended to
be used as a domicile by one or more persons and usually containing cooking, eating,
living, sleeping and sanitary facilities;
(e)
"garden suite" means a small one bedroom accessory suite in a separate building in
the rear yard of a principal residence;
(f)
"grade" means the average level of finished ground adjoining a dwelling at all
exterior walls;
(g)
"gross floor area" means the total floor area, measured between the outside of
exterior walls or between the outside of exterior walls and the centre line of party
walls dividing the building fi.om another building, of all floors above the average
level of finished ground adjoining the building at its exterior walls.
(h)
"semi-detached dwelling" means one of a pair of dwelling units attached together
horizontally above or below grade or both above and below grade;
(i)
"single-attached dwelling" means one of a group of not less than three adjacent
dwelling units attached together horizontally by above grade common walls;
(J)
"single-detached dwelling" means a single dwelling unit which is free-standing,
separate and detached fi.om any other building or structure.
Development charges against land to be developed for residential use shall be based upon the
following designated services provided by the Town:
(a) development-related capital studies;
(b) fire stations and equipment and services related thereto;
(c) storm drainage and management works and equipment and services related thereto;
(d)
transportation, including roads, sidewalks, streetlights, traffic signals, works yards
and equipment and services related thereto;
(e) transit and equipment and services related thereto;
(t)
parkland development and trail development and equipment and services related
thereto;
(g) major indoor recreational facilities and equipment and services related thereto; and
(h)
libraries and furnishings and (non-computer) equipment and services related thereto,
including circulating and non-circulating materials generally provided to library users
by public libraries.
Subject to the provisions of this Part and this by-law, development charges against land to be
developed for residential use shall be calculated, paid and collected at the following rates,
with phasing in portions of this schedule of residential per unit charges as follows:
TABLE 1 (A)
EFFECTIVE SEPTEMBER 1, 1999
TYPE OF DWELLING UNIT TOWN WIDE CHARGE PER UNIT
Single-detached dwelling, or semi-detached dwelling $5,927
Apartment dwelling, two or more bedrooms $3,292
Apartment dwelling, less than two bedrooms (inclusive $2,470
of senior citizen apartment units)
All other dwelling units $4,857
TABLE 1 (B)
EFFECTIVE JANUARY 1, 2000
TYPE OF DWELLING UNIT TOWN WIDE CHARGE PER UNIT
Single-detached dwelling, or semi-detached dwelling $6,307
Apartment dwelling, two or more bedrooms $3,504
Apartment dwelling, less than two bedrooms (inclusive $2,628
of senior citizen apartment units)
All other dwelling units $5,168
o
Subject to subsections (2) and (3), section 6 shall not apply in respect of a renovation
or addition which involves the creation of:
(a)
(b)
one or two additional dwelling units in an existing single-detached dwelling;
or
an additional dwelling unit in any other existing residential building;
(c) garden suites.
(2) Notwithstanding clause (1)(a) of this Section, development charges shall be
calculated, paid and collected in accordance with section 6 where the total gross floor
area of the additional unit or units is greater than the total gross floor area of the
existing dwelling unit.
(3) Notwithstanding clause (1)(b) of this Section, development charges shall be
calculated, paid and collected in accordance with section 6 where the additional unit
has a gross floor area greater than,
(a) in the case of a semi-detached dwelling or single attached dwelling, the gross
floor area of the dwelling unit already in the building;
(b) in the case of any other residential building, the gross floor area of the
smallest dwelling unit contained in the residential building.
Where non-residential floor area is to be converted to residential space, a charge shall be
paid for any new residential units created, less the amount of the charge which would be
payable as part of constructing the non-residential space being converted.
PART III
NON-RESIDENTIAL DEVELOPMENT CHARGES
In this part,
(a)
(b)
(c)
"development charge" means non-residential development charge;
"grade" means the average level of finished ground adjoining a building at all
exterior walls;
"existing industrial building" means a building used for or in connection with:
(i) manufacturing, producing, processing, storing or distributing something,
(ii) research or development in connection with manufacturing , producing or
processing something,
(iii) retail sales by a manufacturer, producer or processor of something they
manufactured, produced or processed, if the retail sales are at the site where
the manufacturing, production or processing takes place,
(iv) office or administrative purposes, if they are:
(1)
carried out with respect to manufacturing, producing, processing,
storage or distributing or something, and
(2)
in or attached to the building or structure used for that manufacturing,
producing, processing, storage or distribution.
(d)
"gross floor area" means the total floor area, measured between the outside of
exterior walls or between the outside of exterior walls and the centre line of party
walls dividing the building from another building, of all floors above the average
level of finished ground adjoining the building at its exterior walls.
(e)
"non-residential" means designed, adapted or used for any purpose other than a
dwelling or dwellings.
(0
"total floor area" means the sum total of the areas of the floor whether above or
below grade, measured between the exterior faces of the exterior walls of the
building or structure or from the centre line of a common wall separating two uses;
and
(i) includes the area of mezzanine as defined in the Ontario Building Code; and
(ii)
excludes those areas used exclusively as mechanical areas or for parking
garages or structures.
10.
Development charges against land to be developed for non-residential use shall be based
upon the following designated services provided by the Town:
(a)
transportation, including roads, sidewalks, streetlights, traffic signals, works yards
and equipment and services related thereto;
11.
Subject to the provisions of this Part and this by-law, development charges
against land to be developed for non-residential use shall be calculated, paid
and collected at the following rate:
$11.00 per square metre of total floor area for the first year this by-law is in force;
(2)
If a development includes the enlargement of the gross floor area of an existing
industrial building, the amount of the development charge that is payable in respect
of the enlargement will be determined as follows:
(a) if the gross floor area is enlarged by 50 percent or less, the amount of the
development charge in respect of the enlargement is zero; and
(b) if the gross floor area is enlarged by more than 50 percent, the amount of the
development charge in respect of the enlargement is the amount of the
development charge that would otherwise be payable multiplied by the fraction
determined as follows:
12.
13.
14.
15.
(i) determine the amount by which the enlargement in gross floor area
exceeds 50 percent of the gross floor area lawfully constructed at the
time of building permit application; and
(ii) divide the amount determined under paragraph 1 by the amount of the
enlargement.
Where residential floor space is to be converted to non-residential space, no development
charge shall be paid.
PART IV
ADMINISTRATION
Development charges against land to be developed for residential uses, non-residential uses,
or both, shall be calculated, paid and collected as follows:
(a) development charges against that portion of the land to be developed for residential
use shall be calculated, paid and collected on a per dwelling unit of residential use
basis in accordance with Part II of this by-law;
(b) development charges against that portion of the land to be developed for non-
residential use shall be calculated, paid and collected on a gross floor area of non-
residential use basis in accordance with Part III of this by-law.
(1) Development charges shall be payable in full on the date that the building permit is
issued in relation to a building or structure on land to which a development charge
applies.
(2) No building permits shall be issued by the Town for the construction of any building
or structure on land to which a development charge applies until the applicable
development charge has been paid in full to the Town.
(3) Where an owner has paid to the Town, prior to the enactment of this by-law, in
relation to a building or structure on land to which a development charge applies,
(a) a charge against development pursuant to an obligation to do so in a
Subdivision Agreement, Condominium Agreement, Development Agreement
or other agreement with the Town,
(b) a fee as a condition of obtaining a consent to create a lot; or
(c) a lot levy pursuant to By-law 3322/89,
and the building permit for that building or structure has not been issued prior to the
enactment of this by-law, the owner shall be credited with the amount so paid, up to
the amount of the development charge payable, as part of the development charge
payable hereunder when the building permit is issued.
(1) Monies received from payment of development charges shall be maintained in
separate reserve funds, and shall be used only to meet the capital costs for which the
development charge was levied under this by-law.
15.
(1)
Monies received from payment of development charges shall be maintained in
separate reserve funds, and shall be used only to meet the capital costs for which the
development charge was levied under this by-law.
(2)
Council directs the Municipal Treasurer to divide the reserve funds created hereunder
into the separate sub-accounts in accordance with the services set out in sections 5 and
10, to which the development charge payments shall be credited in accordance with the
amounts shown, plus interest earned thereon.
(3)
The amounts contained in the reserve funds established under this Section shall be
invested, with any income received credited to the development charge reserve funds in
relation to which the investment income applies.
16.
The development charges referred to in sections 6 and 11 may be adjusted annually, without
amendment to this by-law, as of July 1 each year, in accordance with the change in the index
for the most recently available annual period ending March 31 for the Statistics Canada
Quarterly, Construction Price Statistics, Catalogue Number 62-007.
17.
This by-law shall be administered by the Finance Department and applied by the Chief
Building Official.
18.
This by-law shall come into force and effect on September 1, 1999 for a term not to exceed
five years from the date of its enactment, unless it is repealed at an earlier date.
19.
By-law No. 3854-91 (as amended) shah be repealed as of the date this by-law comes into
force.
BY-LAW read a first, second and third time and finally passed this 16t~ day of August, 1999.
Gil Paterson, Acting-Clerk