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THE CORPORATION OF THE TOWN OF AJAX
BY-LAW NUMBER 50-2018
Being a by-law of the Town of Ajax with respect to Development Charges.
WHEREAS section 2(1) of the Development Charges Act, 1997 (hereinafter called "the Act")
enables the Council of a municipality to pass by-laws for the imposition of development charges
against land located in the municipality for increased capital costs required because of the
increased need for services arising from development in the area to which the by-law applies;
AND WHEREAS the Council of The Corporation of the Town of Ajax has made "The Town of Ajax
Development Charge Background Study," dated May 7, 2018, prepared by Watson & Associates
Economists Ltd., 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 intention to pass a by-law under section
2 thereof and has heard all persons who applied to be heard whether in objection thereto or in
support thereof;
AND WHEREAS the Council in adopting the Development Charge Background Study on July 9,
2018, 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 AJAX enacts
as follows:
1.
In this by-law,
DEFINITIONS
(a)
"Act" means the Development Charges Act, 1997, S.O. 1997, c. 27, as amended;
(b)
"agricultural operations" means general farming and shall include such uses as
breeding and rearing of livestock, including poultry, fowl and fur-bearing animals,
the general cultivation of land and associated production, conditioning, processing
and storing of field crops, fruits, vegetables and horticultural crops and the selling
of such produce on the premises. For the purposes of this by-law, "agricultural
operations shall exclude retail sales and commercial activities, including but not
limited to restaurants, banquet facilities, hospitality and accommodation facilities,
gift shops, services related to grooming, boarding, or breeding of household pets,
and marijuana and alcohol processing or production facilities;
(c)
"air supported structure" means a structure consisting of a pliable membrane that
achieves and maintains its shape and is supported by internal air pressure;
(d)
"apartment dwelling" means a dwelling consisting of four or more dwelling units,
which units have a common entrance from street level and common halls and /or
stairs, elevators and yards;
(e)
"bedroom" means any room used or designed or intended for use as sleeping
quarters including but not limited to, a den, a study, a family room or other similar
use;
(f)
"commercial" means any non-residential use not defined as "industrial" in this by-
law;
(g)
"Council" means the council of the Town;
(h)
"detached dwelling" means a dwelling containing only a dwelling unit or a dwelling
unit and an accessory apartment
(i)
"development" includes redevelopment;
(j)
"development charge" means a charge imposed pursuant to this by-law adjusted
in accordance with Section 13;
(k)
"dwelling unit" means a room or group of rooms in a dwelling used or intended to
be used as a single independent and separate housekeeping unit containing a
kitchen and sanitary facilities, and has a private entrance from outside the dwelling
or from a common hallway or stairway inside the dwelling. For the purpose of this
by-law, a unit in a retirement residence that may be occupied by a person or
persons as his or her residence shall be deemed to be a dwelling unit;
(I)
"farm building" means a building or structure used, or designed or intended for use
in connection with a bona fide agricultural operation and includes barns, silos and
similar structures but excludes a building or structure used or designed or intended
for use for residential or commercial uses;
(m)
"garden suite dwelling" means a one-unit detached residential structure containing
bathroom and kitchen facilities that is ancillary to an existing residential structure
and is used for a limited period of time;
(n)
"grade" means the average level of finished ground adjoining a building at all
exterior walls;
(o)
"gross floor area" means the total floor area, measured between the outside of
exterior walls or pliable membrane in the case of an air supported structure, or
between the outside of exterior walls and the centre line of party walls dividing the
building from another building, of all floors, whether above or below grade;
(p)
"hospice" means a non-residential building or the non-residential space in a mixed-
use building providing not for profit palliative care to the terminally ill;
(q)
"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;
(r)
"housing services use" I "housing services" means social housing which is rental
housing provided by Durham Region Local Housing Corporation (DRLHC) or by a
non-profit housing provider that receives ongoing subsidy from the Region of
Durham and Affordable Housing which are rental units provided by private or non-
profit housing providers that receive capital funding through a federal and / or
provincial government affordable housing program;
(s)
"industrial" means any building used for or in connection with,
(i)
manufacturing, producing, processing, storing or distributing something
and includes a greenhouse;
(ii)
research or development in connection with manufacturing, producing or
processing something;
(iii)
retail sales by a manufacturer, producer or processor of something
manufactured, produced or processed, if the retail sales are at the site
where the manufacturing, production or processing takes place; and,
(iv)
office for administrative purposes, if carried out with respect to
manufacturing, processing, producing, storage or distribution and in or
attached to the building or structure used for that manufacturing, producing,
processing, storage or distribution;
(t)
"non-residential use" means land, buildings or structures or portions thereof used,
or designed or intended for a use other than a residential use;
(u)
"nursing home" means a nursing home owned by an organized body for a non-
profit purpose where the use is carried on without profit or gain, the body is
registered as a charitable organization and is licensed or approved under a special
or general Act but does not include any part of a nursing home containing a
dwelling unit.
(v)
"office" means a building or part thereof, intended or used for the practice of a
profession, conduct of a business or public administration;
(w)
"other dwelling" means any residential dwelling which is not a detached dwelling,
a semi-detached dwelling, or an apartment dwelling;
(x)
"parking structure" means any part of a building or structure used exclusively for
purposes of parking motor vehicles, excluding parking spaces for display,
inventory of motor vehicles for sale or lease, and parking spaces associated with
the servicing of motor vehicles;
(y)
"personal service" means premises or a shop where professional or personal
services are provided for gain and where the sale of retail goods, wares,
merchandise, articles or things is only accessory to the provision of such services;
(z)
"place of worship" means that part of a building or structure used for worship and
that is exempt from taxation as a place of worship under the Assessment Act,
R.S.O. 1990, c. A.31, as amended;
(aa) "residential care facility" means a publicly or privately funded residential facility
having 6 or more beds, not greater than 37 beds, in which persons with physical
disabilities, persons who are developmentally delayed, persons with psychiatric
disabilities, and/or pensioners are provided care and lodging.
(bb) "retirement residence" means a residential building or the residential
portion
of
a
mixed-use
building
which
provides
accommodation
for
persons of retirement age, where common facilities for the preparation
and consumption of food are provided for the residents of the building, and
where each unit or living accommodation has separate sanitary facilities,
less than full culinary facilities and a separate entrance from a common
hall;
(cc)
"retirement residence dwelling unit" means a unit within a retirement residence
(dd)
"residential use" means land or buildings or structures or part thereof of any kind
whatsoever used, designed or intended to be used as a residence for one or more
individuals including a retirement residence but does not include a hotel or motel,
a nursing home or a residential care facility;
(ee) "retail" means a building or part thereof, not otherwise defined in this by-law, in
which goods, wares, merchandise, substances, articles or things are offered or
kept for sale at retail directly to the public;
(ff) "semi-detached dwelling" means the whole of a dwelling divided vertically both
above grade and below grade into two separate dwelling units;
(gg)
"Town" means The Corporation of the Town of Ajax.
2.
SCHEDULE OF DEVELOPMENT CHARGES
(1)
Subject to the provisions of this by-law, development charges against land shall
be calculated and collected in accordance with the base rates set out in Schedule
B, which relate to the services set out in Schedule A.
(2)
The development charge with respect to the use of any land, buildings or structures
shall be calculated as follows:
(a)
in the case of residential development, or the residential portion of a mixed-
use development, based upon the number and type of dwelling units, in
accordance with Schedule B;
(b)
in the case of non-residential development, or the non-residential portion
and 50% of common areas of a mixed-use development, based upon the
number of square feet of gross floor area of such development, in
accordance with Schedule B; and
(c)
in the case of the development of residential garden suite dwellings, the
development charge shall be calculated based on the charge for residential
bachelor and one-bedroom apartment dwellings, subject to changes in the
regulation pursuant to the Promoting Affordable Housing Act, 2016.
(d)
Notwithstanding 2(2)(c), the owner would be required to enter into an
agreement with the Town to pay the difference between the development
charges paid and the rate for single and semi-detached dwelling units at
the time of severance, if the property is severed within 10 years of building
permit issuance for the additional dwelling unit
(3)
Council hereby determines that the development of land, buildings or structures
for residential and non-residential uses have required or will require the provision,
enlargement, expansion, or improvement of the services referenced in Schedule
A.
(4)
This by-law does not provide for the phasing in of the base rates in Schedule B
beyond the provision that complete building permit applications received prior to
July 16, 2018 and issued by August 31, 2018, will be subject to the development
charge rate in effect as of July 15, 2018. A complete building permit application
means that the submission meets the requirements as set out in Division C,
Sentence 1.3.1.3.(5) of the Ontario Building Code, and notwithstanding
subsection 9.(1), includes the payment of the applicable Town of Ajax
development charge"
3.
APPLICABLE LANDS
(1)
Subject to subsections (2), (3), (4) and (7), this by-law applies to all lands in the
Town, whether or not the land or use is exempt from taxation under Section 3 of
the Assessment Act, 1990, c.A..31.
(2)
This by-law shall not apply to land, or any part thereof, that is:
(a)
owned by and used for purposes of:
(i)
a board as defined in subsection 1(1) of the Education Act,
(ii)
the Town, or any local board thereof;
(iii)
The Regional Municipality of Durham, or any local board thereof; or
(b)
used for the purposes of:
(i)
the development of a farm building used for bona fide agricultural
operations;
(ii)
a place of worship; or
(iii)
a hospital.
(3)
This by-law shall not apply to:
(a)
a temporary use permitted under a zoning by-law amendment enacted
under section 39 of the Planning Act,
(b)
temporary erection of a building without foundation as defined in the
Building Code Act for a period not exceeding six (6) consecutive months
and not more than six (6) months in any one calendar year on a site;
(c)
parking structures.;
(d)
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;
(e)
development of the type referenced in Schedule "C," to the extent of the
exemption noted, where such development is located within the Downtown
Community Improvement Project Area, as defined in Schedule "E" and as
may be amended from time to time.
(f)
development of the type referenced in Schedule "D", to the extent of the
exemption noted, where such development is located within the Pickering
Village Community Improvement Project Area, as defined in Schedule "F"
and as may be amended from time to time and subject to the approval of a
Community Improvement Project Area for the Pickering Village Community
Project Area.
(g)
one (1) additional dwelling unit that is located within an existing accessory
building or structure provided that:
(i)
there is no secondary dwelling unit in the existing residential
building ; and
(ii)
the accessory building or structure must be located on a
residential lot containing a single detached, semi-detached, or
townhouse dwelling.
(iii)
Notwithstanding (i) and (ii), the owner would be required to enter
into an agreement with the Town to pay development charges at
the single and semi-detached dwelling rate if the property is
severed within 10 years of building permit issuance for the
additional dwelling unit.
(iv)
Notwithstanding (i), (ii), and (iii), development charges shall be
imposed at the time of building permit issuance if the additional
dwelling unit has a gross floor area greater than the gross floor
area of the existing dwelling unit.
(4)
Section 2 of this by-law shall not apply to that category of exempt development
described in s.s.2(3) of the Act, namely:
(a)
the enlargement of an existing dwelling unit or the creation of one or two
additional dwelling units in an existing single detached dwelling; or
(b)
the creation of one additional dwelling unit in any other existing residential
building already containing at least one dwelling unit.
(5)
Notwithstanding subsection (4)(a), development charges shall be calculated and
collected in accordance with Schedule B where the total residential gross floor area
of the additional one or two dwelling units is greater than the total gross floor area
of the existing dwelling unit.
(6)
Notwithstanding subsection (4)(b), development charges shall be calculated and
collected in accordance with Schedule B, where the additional dwelling unit has a
residential gross floor area greater than,
(a)
in the case of a semi-detached dwelling unit, the gross floor area of the
existing smallest dwelling unit, and
(b)
in the case of any other residential building, the residential gross floor area
of the smallest dwelling unit contained in the residential building.
(7)
Section 2 of this by-law shall not apply to that category of exempt development
described in s.4 of the Act, and s.1 of O.Reg. 82/98, namely:
(a)
the enlargement of the gross floor area of an existing industrial building, if
the gross floor area is enlarged by 50 percent (50%) or less;
(b)
for the purpose of (a), the term "gross floor area" shall have the same
meaning as those terms have in O.Reg. 82/98 under the Act;
(c)
notwithstanding subsection (a), if the gross floor area is enlarged by more
than 50 percent (50%), development charges shall be payable and
collected and the amount payable shall be calculated in accordance with
s.4(3) of the Act.
(d)
that for greater certainty in applying the exemption in this section, the gross
floor area of an existing industrial building is enlarged where there is a bona
fide increase in the size of the existing industrial building, the enlarged area
is attached to the existing industrial building, there is a direct means of
ingress and egress from the existing industrial building to and from the
enlarged areas for persons, goods, and equipment, and the existing
industrial building and the enlarged area are used for or in connection with
an industrial purpose as set out in subsection 1(s) of this by-law. Without
limiting the generality of the foregoing, the exemption in this section shall
not apply where the enlarged area is attached to the existing industrial
building by means only of a tunnel, bridge, canopy, corridor, or other
passage-way, or through a shared below-grade connection such as a
service tunnel, foundation, footing, or a parking facility;
(e)
notwithstanding subsection (d), where, at the sole discretion of the Town,
there is a physical or planning constraint preventing an enlargement of an
existing industrial building from meeting the requirements described in
subsection (d), the Town may provide for an exemption to be granted
pursuant to this section of the By-law.
(f)
in particular, for the purposes of applying this exemption, the industrial
building is considered existing if is built, occupied, and assessed for
property taxation at the time of the application respecting the enlargement;
g) the exemption of an existing industrial building provided by this section
shall be applied to a maximum of fifty percent (50%) of the gross floor area
that existing on the date of passage of this By-law.
(8)
That where a conflict exists between the provisions of this by-law and any other
agreement between the Town and the owner, with respect to land to be charged
under this by-law, the provisions of such agreement prevail to the extent of the
conflict.
4.
APPLICATION OF CHARGES
(1)
Subject to subsection (2), development charges shall apply to, 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 and non-residential uses within the
geographical limits of the Town, where,
(a)
the development requires,
(i)
the passing of a zoning by-law or an amendment thereto under
Section 34 of the Planning Act, R.S.O. 1990, cP.13, as amended
(the "Planning Acf');
(ii)
the approval of a minor variance under Section 45 of the Planning
Act,
(iii)
a conveyance of land to which a by-law passed under subsection
50(7) of the Planning Act applies;
(iv)
the approval of a plan of subdivision under Section 51 of the
Planning Act,
(v)
a consent under Section 53 of the Planning Act,
(vi)
the approval of a description under Section 9 of the Condominium
Act, 1998 S.O. c. 19, as amended; or
(vii)
the issuing of the first permit under the Building Code Act, 1992
S.O. c. 23, as amended, in relation to a building or structure.
(2)
Subsection (1) shall not apply in respect of local services as described in s.s.59(2)
(a) and (b) of the Act;
(3)
The development charges imposed on a retirement residence dwelling unit under
section 2 shall be payable at the rate applicable to an apartment dwelling unit
smaller than 2 bedrooms.
5.
LOCAL SERVICE INSTALLATION
Nothing in this by-law prevents Council from requiring, as a condition of any approval
under s. 41, 51 or 53 of the Planning Act., that the owner, at his or her own expense, shall
install or pay for such local services, as Council may require, or that the owner pay for the
local connection to a water, sanitary sewer or storm drainage facility related to the approval
or within the area to which the approval relates.
6.
MULTIPLE CHARGES
(1)
Where two or more of the actions described in Section 4(1) of this by-law 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), if two or more of the actions described in Section
4(1) of this by-law occur at different times, and if the subsequent action has the
effect of increasing the need for municipal services as set out in Schedule A, an
additional development charge shall be calculated and collected in accordance
with the provisions of this by-law.
(3)
If a development does not require a building permit but does require one or more
of the actions described in Subsection 4(1) of this by-law, then the development
charge shall nonetheless be payable in respect of any increased or additional
development permitted by such action.
7.
SERVICES IN LIEU
Council may authorize an owner, through an agreement under s.38 of the Act, to substitute
such part of the development charge applicable to the owner's development as may be
specified in the agreement, by the provision at the sole expense of the owner, of services
in lieu. Such agreement shall further specify that where the owner provides services in
lieu in accordance with the agreement, Council shall give to the owner a credit, without
interest, against the development charge in accordance with the agreement provisions
and the provisions of s.39 of the Act, equal to the reasonable cost to the owner of providing
the services in lieu, as determined by the Town. In no case shall the agreement provide
for a credit which exceeds the total development charge payable by an owner to the Town
in respect of the development to which the agreement relates.
8.
DEVELOPMENT CHARGE REDEVELOPMENT CREDITS
(1)
An owner who has obtained a demolition permit and demolished existing dwelling
units or a non-residential building or structure in accordance with the provisions of
the Building Code Act shall not be subject to the development charge with respect
to the development being replaced, provided that the building permit for the
replacement residential units or non-residential building or structure is issued not
more than 5 years after the date of issuance of the demolition permit and provided
that any dwelling units or non-residential floor area created in excess of what was
demolished shall be subject to the development charge imposed under section 2.
(2)
Where residential space is being converted to non-residential space or being
demolished and replaced by non-residential space, a credit shall be allowed
equivalent to the number of dwelling units demolished/converted multiplied by the
applicable residential development charge in place at the time the development
charge is payable, net of applicable exemptions pursuant to this by-law;
(3)
Where non-residential space is being converted to residential space or demolished
and replaced by residential space, a credit shall be allowed equivalent to the gross
floor area of the non-residential portion of the building multiplied by the applicable
non-residential development charge in place at the time the development charge
is payable, net of applicaple exemptions pursuant to this by-law;
(4)
No redevelopment credit shall be made in excess of the development charge
payable for a redevelopment.
(5)
Notwithstanding subsections (1), (2), and (3) above, no credit shall be allowed if
the development being replaced or converted would be exempt from development
charges pursuant to this by-law.
9.
TIMING OF CALCULATION AND PAYMENT
(1)
Development charges shall be calculated and payable in full in money or by
provision of services as may be agreed upon, or by credit granted by the Act, on
the date that the first building permit is issued in relation to a building or structure
on land to which a development charge applies.
(2)
Where development charges apply to land in relation to which a building permit is
required, the building permit shall not be issued until the development charge has
been paid in full to the Town.
(3)
Notwithstanding subsections (1) and (2), an owner and the Town of Ajax may enter
into an agreement to provide for the payment in full of a development charge
before building permit issuance or later than the issuing of a building permit.
(4)
Notwithstanding any of the foregoing, for lands, buildings and structures developed
for a housing services use, the Town of Ajax may defer the timing of payment of
development charges from building permit issuance to a period of time not to
exceed 18 months from the date of first building permit issuance, to be at the
discretion of the Director of Finance, if the owner enters into an agreement with
the Town of Ajax and Region of Durham under section 27 of the Act, respecting
the timing and calculation of payment of development charges, notice of which the
owner shall register on the title to the lands at its sole cost and expense with the
intention that the provisions shall bind and run with title to the lands.
(5)
If a development does not require a building permit, the development charge shall
be calculated and paid in full at the rate in effect at the time the approval is granted
as a condition of the earliest of any of the approvals required for the development
and enumerated in Section 4 of this by-law.
10.
BY-LAW REGISTRATION
This By-law or a certified copy of this by-law may be registered against the title to any land
to which this by-law applies.
11.
RESERVE FUNDS
(1)
Monies received from payment of development charges shall be maintained in a
separate reserve fund for each service designated in Schedule "A," plus interest
earned thereon.
(2)
Monies received for the payment of development charges shall be used only in
accordance with the provisions of s.35 of the Act.
(3)
Where any development charge, or part thereof, remains unpaid after the due date,
the amount unpaid shall be added to the tax roll and shall be collected as taxes.
(4)
Where any unpaid development charges are collected as taxes under subsection
(3), the monies so collected shall be credited to the development charge reserve
fund or funds referred to in subsection (1).
(5)
The Treasurer of the Town shall, commencing in 2019 for the 2018 year, furnish
to Council a statement in respect of the reserve funds established hereunder for
the prior year, containing the information set out in Sections 12 and 13 of O.Reg.
82/98, or any amending regulation.
12.
BY-LAW AMENDMENT OR REPEAL
(1)
Where this by-law or any development charge prescribed thereunder is amended
or repealed by order of the Local Planning Appeal Tribunal or by resolution of the
Council, the Town Treasurer shall calculate forthwith the amount of any
overpayment to be refunded as a result of said amendment or repeal.
(2)
Refunds that are required to be paid under subsection (1) shall be paid to the
registered owner of the land on the date on which the refund is paid.
(3)
Refunds that are required to be paid under subsection (1) shall be paid with interest
to be calculated as follows:
(a)
interest shall be calculated from the date on which the overpayment was
collected to the day on which the refund is paid;
(b)
interest shall be paid at the Bank of Canada rate in effect on the date of
enactment of this by-law.
13.
DEVELOPMENT CHARGE SCHEDULE INDEXING
The development charges referred to in Schedule "B" shall be adjusted annually, without
amendment to this by-law, commencing on July 1, 2019, and annually thereafter on July
1, while this by-law is in force, in accordance with the most recent twelve-month change
in the Statistics Canada Quarterly, "Construction Price Statistics".
14.
BY-LAW ADMINISTRATION
This by-law shall be administered by the Finance Department and the Planning and
Development Services Department.
15.
SCHEDULES TO THE BY-LAW
The following schedules to this by-law form an integral part of this by-law:
Schedule A - Designated Municipal Services Under this By-law
Schedule B - Schedule of Development Charges
Schedule C - Exemption Schedule re s.s.3(3)(e)
Schedule D - Exemption Schedule re s.s.3(3)(f)
Schedule E - Downtown Community Improvement Project Area
Schedule F - Pickering Village Community Improvement Project Area
16.
DATE BY-LAW EFFECTIVE
This by-law shall come into force and effect on July 16, 2018.
17.
EXISTING DEVELOPMENT CHARGE BY-LAW REPEAL
By-law 81-2013 as amended, is repealed, effective the date that this by-law comes into
force and effect.
18.
SEVERABILITY
If, for any reason, any provision, section, subsection or paragraph of this by-law is held to
be invalid, it is hereby declared to be the intention of Council that all of the remainder of
this by-law shall continue in full force and effect until repealed, re-enacted or amended, in
whole or in part or dealt with in any other way.
Mayor
D-Clerk
19.
SHORT TITLE
This by-law may be.cited as the "Ajax Development Charge By-law #50-2018."
20.
NON-BINDING NATURE
Nothing in this by-law or Council's approval of a capital forecast shall be construed so as
to commit or require the Town or its Council to authorize or proceed with any specific
capital project at any specific time.
READ a first and second time this
Ninth day of July, 2018
READ a third time and passed this
Ninth day of July, 2018
SCHEDULE "A"
(To Development Charges By-law 50-2018)
DESIGNATED MUNICIPAL SERVICES UNDER THIS BY-LAW
1.
Administration, including development-related capital growth studies;
2.
Fire, including stations, vehicles and equipment;
3.
Transportation, including roads, structures, sidewalks, streetlights, traffic signals, multi-
use trails and operations facilities, vehicles and equipment providing services related to a
Highway;
4.
Parks and Recreation, including parkland, recreational trail development, recreation
facilities, and operations facilities, vehicles and equipment items related thereto;
5.
Library, including furniture, shelving, equipment and items related thereto and including
materials acquired for circulation, reference or information purposes by a library board.
SCHEDULE "B"
SCHEDULE OF DEVELOPMENT CHARGES
(To Development Charges By-law 50-2018)
SCHEDULE "C"
(To Development Charges By-law 50-2018)
EXEMPTION SCHEDULE RE S.S.3(3)(e) PERTAINING TO FULLY OR PARTIALLY EXEMPT
DEVELOPMENT USES WITHIN THE DOWNTOWN COMMUNITY IMPROVEMENT PROJECT
AREA, AS DEFINED IN SCHEDULE "E"
1.
FULL DEVELOPMENT CHARGE EXEMPTION APPLIES TO:
1.1
office development consisting of two or more storeys of office uses in a building
or hotels of at least six storeys
1.2
Commercial development provided that:
(i)
the retail/personal service component is located in a non-residential mixed-
use building having two or more storeys of office, and the Gross Floor Area
of the retail/personal service component does not exceed that of the office
component, or,
(ii)
the commercial development is located in residential mixed-use building 6
storeys in height or greater, and the Gross Floor Area of the commercial
uses does not exceed an amount equal to 30% of the total residential Gross
Floor area.
1.3
Residential development equal to or greater than 90 units per net hectare,
calculated on a block-by-block basis.
2.
75% RESIDENTIAL DEVELOPMENT CHARGE EXEMPTION APPLIES TO:
2.1
Residential development equal to or greater than 25 units per net hectare, but less
than 90 units per net hectare, calculated on a block-by-block basis, for those
dwelling units for which underground parking is provided in a common area or
areas.
3.
50% RESIDENTIAL DEVELOPMENT CHARGE EXEMPTION APPLIES TO:
3.1
Residential development equal to or greater than 25 units per net hectare, but less
than 90 units per net hectare, calculated on a block-by-block basis, for those
dwelling units for which surface parking is provided.
SCHEDULE "D"
(To Development Charges By-law 50-2018)
EXEMPTION SCHEDULE RE S.S.3(3)(f) PERTAINING TO FULLY OR PARTIALLY EXEMPT
DEVELOPMENT WITHIN THE PICKERING VILLAGE COMMUNITY IMPROVEMENT
PROJECT AREA, AS DEFINED IN SCHEDULE "F"
Program Funding
1. 50% EXEMPTION OF DEVELOPMENT CHARGES FOR ALL ELIGIBLE COMMERCIAU
RESIDENTIAL OR COMMERCIAUOFFICE MULTl-STOREY DEVELOPMENT PROVIDED
THAT:
1.1 The new residential/commercial or commercial/office development consists of two or more
storeys with the ground floor only comprised of any of the following uses: retail stores,
restaurants, art gallery, place of entertainment, museum, convenience store, financial
institution (bank only) as defined in Zoning By-law 95-2003.
2. 50% EXEMPTION OF DEVELOPMENT CHARGES FOR ALL DEVELOPMENT PROVIDED
THAT:
2.1 The development provides a minimum of 60% of required on-site parking as underground
parking and/or above ground deck parking that is appropriately designed to fit in with the
proposed development and existing streetscape at the di_scretion of the Town.
3. PROJECTS WHICH SATISFY BOTH SECTION 1.1 AND 2.1 ABOVE WILL BE ELIGIBLE
FOR A FULL EXEMPTION OF THE TOWN OF AJAX DEVELOPMENT CHARGES.
_ -111 1mprovemen1 Area
100 MCl!'CS
SCHEDULE "E"
(To Development Charges By-law 50-2018)
AREA BOUNDARIES FOR THE TOWN OF AJAX
DOWNTOWN COMMUNITY IMPROVEMENT PROJECT AREA
Schedule 'A' of By-law 43-2005
This plan may be amended from time to time without the need to amend this
Schedule "E".
SCHEDULE "F"
(To Development Charges By-law 50-2018)
AREA BOUNDARIES FOR THE TOWN OF AJAX
PICKERING VILLAGE COMMUNITY IMPROVEMENT PROJECT AREA
This plan may be amended from time to time without the need to amend this
Schedule "F".