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 out 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 bo eligible for an additional
       percentage, as specified in Schedule E, of the applicable development
       charge exemption, where in the opinion of City Council, the development
       includes features meeting three or more of the following:

       1.  "Intensification of an existing use" - meaning redevelopment or 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 orented toward the
               street
            -  site and building access directly from the street without requiring
               passage across a driveway or parking area
            -  stree-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, artworks
               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
             and 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 one 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 Coucil
               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.