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HomeMy WebLinkAboutBy-law 6978/09 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6978/09 Being a By-law regarding Development Charges WHEREAS, pursuant to subsection 2(1) of the Development Charges Act, 9997 (the Act), the council of a municipality may by by-law impose development charges against land to pay for increased capital costs required due to increased needs for servicing arising from development of the area to which the By-law applies; and WHEREAS the Council of The Corporation of the City of Pickering approved the City of Pickering Development Charge Background Study, dated May 22, 2009, as amended, prepared by Watson & Associates Economists Ltd.; AND WHEREAS the Council has made the Background Study and proposed Development Charges By-law available to the public at least two weeks prior to the public meeting and has given notice in accordance with Section 12 of the Act of its development charges proposal and a public meeting was held on June 8, 2009; 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 at such public meeting, and provided a subsequent period for written communications to be made; AND WHEREAS the Council in adopting the Development Charge Background Study, as amended, on July 13, 2009 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 City of Pickering hereby ENACTS AS FOLLOWS: PART APPLICATION 1. (1) Subject to subsection (2), this By-law applies to all lands except for the lands commonly referred tows "Seaton lands" in the City of Pickering, as shown on the map attached to this By-law as Appendix "A whether or not the land or use is exempt from taxation under Section 3 of the Assessment Act. (2) This By-law shall not apply to land that is owned by and used for the purposes of, (a) a board of education as defined under subsection 1(1) of the Education Act; (b) any municipality or local board thereof; CORP0223-07/01 BY-LAW NO. 6978109 Page 2 (c) the development of anon-residential farm building used for bona fide agricultural purposes; (d) a building or structure that is used in connection with a place of worship and is exempt from taxation under the Assessment Act as a result; (e) development where, by comparison with the land at any time within ten years previous to the imposition of the charge; (i) no additional dwelling units are being created; or (ii) no additional non-residential gross floor area is being added; or (f) nursing homes and hospitals. (3) An owner who has obtained a demolition permit and demolished an existing dwelling unit or a non-residential building in accordance with the provisions of the Building Code Act shall not be subject to the development charge under, subsection (1) with respect to the development being replaced, provided that the building permit for the replacement residential units or non-residential area is issued not more than 10 years after the date of demolition and provided that any dwelling units or additional non residential floor area created in excess of what was demolished shall. be subject to the development charge calculated under Section 6 and 11, respectively. 2. (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; BY-LAW NO. 6978/09 Page 3 (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 dates of the development charge rates as specified in Sections 6 and 11. 3. (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), 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 11 RESIDENTIAL DEVELOPMENT CHARGES 4. In this Part, (a) "apartment building" means a residential building, or the residential portion of a mixed-use building, other than a triplex, semi-detached duplex, semi- detached triplex, townhouse or stacked townhouse, consisting of more than 3 dwelling units, which dwelling units have a common entrance to grade; (b) "apartment" means a dwelling unit in an apartment building; BY-LAW NO. 6978/09 Page 4 (c) "bedroom" means any room used, or designed or intended for use, as sleeping quarters; (d) "development charge" means residential development charge; (e) "dwelling unit" means a room or suite of rooms used, or designed or intended for use by one person or persons living together, in which culinary and sanitary facilities are provided for the exclusive use of such person or persons; (f) "garden suite" means a one-unit detached, temporary residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and that is designed to be portable; (g) "grade" means the average level of finished ground adjoining a dwelling at all exterior walls; (h) "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; (i) "hospital" means land, buildings or structures used, or designed or intended for use as defined in the Public Hospitals Act, R.S.O. 1990, c. P.40 as amended; (j) "nursing home" means a building owned and operated on a non-profit basis but excluding any building or part of a building which is comprised of dwelling units; (k) "semi-detached dwelling" means one of a pair of dwelling units attached together horizontally above or below grade or both above and below " grade; (1) "single-attached dwelling"' means one of a group of not less than three adjacent dwelling units attached together horizontally by above grade common walls; (m) "single-detached dwelling means a single dwelling unit which is free- standing, separate and detached from any other building or structure. BY-LAW NO. 6978/09 Page 5 5. Development charges against land to be developed.for residential use shall be based upon the following designated services provided by the City, with each charge apportioned for reserve fund purposes, in accordance with the percentages shown: (a) development-related capital studies (0.9%); (b) fire stations and equipment and services related thereto (2.7%); (c) storm drainage and management works and equipment and services related thereto (14.1 (d) transportation including operations and equipment, roads, sidewalks, streetlights, traffic signals and services related thereto (49.4%); (e) parkland development and trail development and equipment and services related thereto (4.4%); (f) major indoor recreational facilities and equipment and services related thereto (23.2%); (g) 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 (5.3%). 6. Subject to the provisions of this Part, development charges against land to be developed for residential use shall be calculated, paid and collected at the following rates per residential unit: TABLE 1 EFFECTIVE Au ust 1, 2009 TYPE OF DWELLING UNIT CHARGE PER UNIT Single-detached dwelling, or semi-detached $9,694 dwelling Apartment dwelling, two or more bedrooms $5,246 Apartment dwelling, less than two bedrooms $3,849 (inclusive of senior citizen apartment units) All other dwelling units $6,957 7. (1) Subject to subsections (2) and (3), Section 6 shall not apply in respect of a renovation, addition or installation which involves the creation of: BY-LAW NO. 6978/09 Page 6 (a) one or two additional dwelling units in an existing single-detached dwelling; (b) an additional dwelling unit in any other existing residential building; or (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; or (b) in the case of any other residential building, the gross floor area of the smallest dwelling unit contained in the residential building. 8. Where non-residential floor area is to be converted to residential space, a charge shall be paid for any new residential units created, less the amount of the charge which would be payable if the existing non-residential space being converted were being constructed. PART III NON-RESIDENTIAL DEVELOPMENT CHARGES 9. In this Part, (a) "development charge" means non-residential development charge; (b) "grade" means the average level of finished ground adjoining a building at all exterior walls; (c) "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; BY-LAW NO. 6978/09 Page 7 (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; or (iv) office or administrative purposes, if they are: (1) carried out with respect to manufacturing, producing, processing, storage or distributing or something, and (2) in or attached to the building or structure used for that manufacturing, producing, processing, storage or distribution; (d) "gross floor area" means the total floor area, measured between the outside of exterior walls or between the outside of exterior walls and the centre line of party walls dividing the building from another building, of all floors above the average level of finished ground adjoining the building at its exterior walls; (e) "non-residential" means designed, adapted or used for any purpose other than a dwelling or dwellings, or accessory uses or spaces to a dwelling or dwellings; (f) "total floor area" means the sum total of the areas of the floor whether above or below grade, measured between the exterior faces of the exterior walls of the building or structure or from the centre line of a common wall separating two uses; and (i) includes the area of mezzanine as defined in the Ontario Building Code; and (ii) excludes those areas used exclusively'as mechanical areas or for parking garages or structures. 10. Development charges against land to be developed for non-residential use shall be based upon the following designated services provided by the City, with each charge apportioned for reserve fund purposes, in accordance with the percentages shown: (a) development-related capital studies (0%); (b) fire stations and equipment and services related thereto (0%); (c) storm drainage and management works and equipment and services related thereto (100%); BY-LAW NO. 6978/09 Page 8 (d) -transportation- including operations and equipment (0%); roads, sidewalks, streetlights, traffic'signals and services related thereto (100%); (e) parkland development and trail development and equipment and services related thereto (0%); (f) major indoor recreational facilities and equipment and services related thereto (0%); and (g) 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 (0%). 11. (1) Subject to the provisions of this Part, development charges against land to be developed for non-residential use shall be calculated, paid and collected at the following rates: (a) $40.47 per square metre ($3.76 per sq. ft.) of total floor area, between August 1, 2009 and June 30, `2010. (b) $41.65 per square metre ($3.87 per sq. ft.) of total floor area, effective July 1, 2010. (2) If a development includes the enlargement of the gross floor area of an existing industrial ,building, the amount of the development charge that is payable in respect of the enlargement will be determined as follows: (a) if the gross floor area is enlarged by 50 percent or less, the amount of the development charge in respect of the enlargement is zero; and (b) if the gross floor area is enlarged by more than 50 percent, the amount of the development charge in respect of the enlargement is the amount of the development charge that would otherwise be payable multiplied by the fraction determined as follows; (i) determine the amount by which the enlargement in gross floor area exceeds 50 percent of the gross floor area lawfully constructed at the time of building permit application; and (ii) divide the amount determined under paragraph (i) by the amount of the enlargement. (c) for the purposes of calculating the floor area of the existing industrial building, floor area created by a previous enlargement shall not be included. BY-LAW NO. 6978/09 Page 9 12. Where residential floor area is to be converted to non-residential floor area, no development charge shall be paid. PART IV ADMINISTRATION 13. Development charges against land to be developed for residential uses, non- residential uses, or both, shall be calculated, paid and collected as follows: (a) development charges against that portion of the land to be developed for residential use shall be calculated, paid and collected on a per dwelling unit of residential use basis in accordance with Part II of this By-law and in the case of a mixed-use building or structure, upon the residential uses in the mixed use buildings or structures, according to the type of residential use; (b) development charges against that portion of the land to be developed for non-residential use shall be calculated, paid and collected on a gross floor area of non-residential use basis in accordance with Part Ill of this By-law and in the case of a mixed-use building or structure, upon the non- residential uses in the mixed-use building or structure. 14. (1) Development charges shall be payable in full on the date that the building permit is issued in relation to a building or structure on land to which a development charge applies. (2) No building permits shall be issued by the City for the construction of any building or structure on land to which a development charge applies until the applicable development charge has been paid in full to the City. (3) Where an owner has paid to the City, prior to the enactment of this By-law, in relation to a building or structure on land to which a development charge applies, (a) a charge against development pursuant to an obligation to do so in a subdivision agreement, condominium agreement, development agreement or other agreement with the City, (b) a fee as a condition of obtaining a consent to create a lot; or (c) a lot levy pursuant to By-law 3322/89, and the building permit for that building or structure has not been issued prior to the enactment of this By-law, the owner shall be credited with the amount so paid, up to the amount of the development charge payable, as BY-LAW NO. 6978/09 Page 10 part of the development` charge payable hereunder when the building permit is issued. 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 Treasurer to divide the reserve funds created hereunder into the separate sub-accounts in accordance with the services and percentages 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. (1) 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. (2) The indexed development charges rates effective July Leach year shall not apply to permit applications received prior to the July 1 effective date, provided: (i) the permit application is complete in terms of the applicant's submission requirements set out in the building code and the City's Building By-law; (ii) applicable law approvals prescribed in the building code have been obtained or applied for; and (iii) the building permit or a conditional building permit is issued for all or part of the building on or before September 1 of that year. 17. Development charges are payable by cash or certified cheque at the rates in effect at the time of payment upon issuance of the building permit(s) or as otherwise may be approved by Council. 18. Council may consider allowing a person to perform work that relates to a service to which this By-law relates and if it agrees shall give the person a credit towards a development charge otherwise payable in exchange for the related work. BY-LAW NO. 6978/09 Page 11 19. This By-law shalt be administered by the Corporate Services Department and applied by the Chief Building Official. 20. This By-law shall come into force and effect at 12:01 am on August 1, 2009 for a term not to exceed five years from the date of its enactment, unless it is repealed at an earlier date. 21. By-law No. 6349/04 shall be repealed as of the date this By-law comes into force. BY-LAW read a first, second and third time and finally passed this 13th day of July, 2009. David Ryan, Debi` A. Wilcox, City Clerk Appendix %A% TOWNSHIP OF. UXBRIDGE A g I. III sni.sAM i C CLAREMONP a) 0 is Q G z 3 it Z O I y } _ I m ~ OU ~ S o 4 z GREENWOOD o i Y(< 0 z W "M 0 a L a 4 RIM 0 < C4 3 0 ~ MME J 1~ HE ooD r X MAP 2 GEOGRAPHIC LOCATIONS FOR ; ANTICIPATED RESIDENTIAL AMT ° GROWTH Development Charges By-Law l►° t 6978/09 applies to all lands within the boundary of the City of Pickering exclusive of the Seaton Lands 3 '+o INFORMATION CURRENT AS OF MAY 1, 2009. IK pne w