Transition Measure Reference Sheet

Quick Reference to Transition Measures Qualification

1. You must submit a completed site plan application, if applicable, by August 31, 2009
2. You must apply for a building permit on or before April 1, 2010
3. The City must issues the building permit on or before September 30, 2010
4. For non-residential, if in the opinion of the Chief Building Official the developer has not “seriously commenced” construction on the site within 6 months of the City issuing a building permit, then the developer must pay normal development charge rates 
5. Transition measures do not apply on Row Homes
6. Transition measures do not apply to paying development charges related to By-Law 228-2009 (Bramwest Parkway/North South Transportation Corridor)
   
   Please see the below excerpt from By-Law 222-2009 for full transition measure details.
   

Amount of Charge – Residential

13. (1) The development charges described in Schedule A to this by-law shall be imposed on residential uses of lands, buildings or structures, including a dwelling unit accessory to a non-residential use and, in the case of a mixed use building or structure, on the residential component of the mixed use building or structure, according to the type of residential use.

(2) Despite subsection 13(1), the development charges described in Schedule A to this by-law for dwelling units larger than 750 square feet in apartment dwellings shall be imposed on all dwelling units in single detached dwellings, semi-detached dwellings and multiple-dwellings constructed in a planned seniors retirement community, provided that the zoning by-law in force for the planned seniors retirement community limits the number of bedrooms in any dwelling unit to 2 bedrooms, and the number of dwelling units in the community and the maximum floor area of the dwelling units to amounts determined by Council in the zoning by-law.

(3) Despite subsections 13(1), and 13(2) the development charge rates described in Schedule A to this by-law shall be discounted to the rates set out in Schedule C to this by-law, adjusted in accordance with applicable indexing provided that:

a. where a site plan application is required and has been submitted to the City, pursuant to section 41 of the Planning Act, for approval of plans and drawings for a development for residential uses, and such application has been accepted by the City, to the satisfaction of the City’s Commissioner, Planning, Design and Development, on or before August 31, 2009, (the “City accepted site plan application”); and

b. a complete building permit application for the building or structure has been accepted by the City on or before April 1, 2010 and the building permit for the buildings or structures is issued on or before September 30, 2010.

Thereafter, for the period commencing on October 1, 2010 and ending on the date that this by-law expires, the full development charges rates described in Schedule A shall be imposed on residential uses of lands, buildings or structures, subject to applicable indexing as set out in subsection 15, and subject to applicable exemptions.

(4) Notwithstanding, subsection 13(3), where the application for a site plan application, if applicable, or for a building permit application, is for the development of row houses as defined in this bylaw, the development charge payable shall be the amounts set out in Schedule A for row houses and shall be effective as of the date of this bylaw.

(5) If the development charges required to be paid by subsections 13(1), 13(2), 13(3), or 13(4) or any part of them remains unpaid after they are payable, the amount unpaid shall be added to the tax roll and shall be collected in the same manner as taxes in accordance with subsection 32(1) of the Act.

Amount of Charge – Non-Residential

14. (1) The development charges described in Schedule B to this by-law shall be imposed on non-residential uses of lands, buildings or structures and, in the case of a mixed use building or structure, on the non-residential component of the mixed use building or structure, and calculated with respect to each of the services according to the total floor area of the non-residential use.

(2) Despite clause (1), development charges shall not be imposed on the mechanical portions of buildings that service residential units and which are situated on the same land as all of the residential units that they service.

(3) Despite subsection 14(1) and subject to subsection 14(4) and subsection 15, the development charges rates described in Schedule B to this by-law shall be discounted to the rates set out in Schedule D to this by-law, plus applicable indexing provided that:

a. where a site plan application is required and has been submitted to the City, pursuant to
section 41 of the Planning Act, for approval of plans and drawings for a development for non-residential uses, and such application has been accepted by the City, to the satisfaction of the City’s Commissioner, Planning, Design and Development, on or before August 31, 2009, (the “City accepted site plan application”); and

b. a complete building permit application for the building or structure has been accepted by the City on or before April 1, 2010 and the building permit for the buildings or structures is issued on or before September 30, 2010; and

Thereafter, for the period commencing on October 1, 2010 and ending on the date that this by-law expires, the full development charges rates described in Schedule B shall be imposed on non-residential uses of lands, buildings or structures, subject to applicable indexing as set out in subsection 15, and subject to applicable exemptions.

(4) In the event that the City’s Chief Building Official gives a written opinion to the City Treasurer that the construction referred to in subsection 14(3) has not been seriously commenced within six (6) months after the date the building permit referred to in subsection 14(3) was issued, the development charge imposed by subsection 14(1) less the amount of the development charge paid in accordance with subsection 14(3), shall become payable on the date of the Chief Building Official’s written opinion to the City Treasurer.

(5) If the development charges required to be paid by subsection 14(1), 14(3), or 14(4), or if any part of them remains unpaid after they are payable, the amount unpaid shall be added to the tax roll and shall be collected in the same manner as taxes in accordance with subsection 32(1) of the Act.