Development Charges - Smart Growth Exemption

(Special Situations, Section 24 of By-Law No. 55-2004)

24. Development occurring within the boundaries of Designated Central Urban Areas as set our in Schedule D, or Brownfields as defined in this By-Law would be exempt from Development Charges to the extent of the percentage as specified in Schedule E of the applicable charge

(1) Development within these areas would also be eligible for an additional percentage, as specified in Schedule E, of the applicable development charge exemption, where in the opinion of the City Council, the development includes features meeting three or more of the following:

  1. "Intensification of an existing use" - meaning redevelopment of building addition so as to add floor area and/or a residential unit or units.
  2. "Creation of mixed uses" - meaning redevelopment, addition or conversion so as to add a new compatible use or uses to a building property.
    "Creation of mixed uses" also means new development that proposes a mixed use building or a mix of uses on the site.
  3. "Contribution towards the creation of a walkable neighbourhood character" - meaning development, redevelopment, addition or conversion within a neighbourhood context that features one or more of the following:

    - safe and clearly demarcated pedestrian access oriented toward the street
    - site and building access directly from the street without requiring passage across a driveway or parking area
    - street-oriented building facade that features fenestration and entranceways to create a sense of permeability and movement between the street and the building interior
    - contribution to the quality of the public space on the street by the provision of space for public assembly, street furniture, artwork and/or landscaping
  4. "Creation of a range of housing opportunities and choices" - meaning development, redevelopment, addition or conversion that adds multiple-unit housing types to the housing stock
  5. "Reduced setbacks from roadways" - meaning development, redevelopment or conversion that places building facade at the front lot line or closer to the street than mid-point between the street line and the existing building.  Where there is an existing building line along the block-face that is set back from the street line, "reduced front setbacks from roadways" means placing the building facade closer to the street line than the mid-point between the street line an the established building line

(2) The additional exemption as specified in Section 24(1) is subject to the approval of City Council as follows:

  1. The developer/owner shall provide a short on to three page letter with accompanying design layout to the Planning Department.
  2. The Planning Department shall prepare a report for presentation to General Committee outlining the request and whether it meets the eligibility criteria
  3. General Committee shall consider and approve and/or reject the application for additional credit
  4. The recommendation of the General Committee shall be ratified by City Council
  5. Should the developer wish to proceed immediately before City Council has decided upon the Development Charges Waiver/Exemption, then he/she may pay the required Development Charge and proceed with the normal permits and construction.  If the application is successful, that portion can then be refunded, without interest to the applicant.

(3) The programs outlined in Sections 24, 24(1) and 24(2) commence with the passage of the by-law and therefore eligibility commences with any development charges payable on or after the passage of this by-law with no retroactivity permissible.

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