The Ontario Municipal Board (OMB)

People don't always agree on how their communities should grow. Disputes arise over community planning issues such as where to locate industrial development, or what types of municipal services to provide.

When people can't resolve their differences on community planning issues, the Ontario Municipal Board (OMB) provides a public forum for discussion.

The Ontario Municipal Board is an independent adjudicative tribunal that hears appeals and applications and resolves land use disputes under a variety of legislation.

The Members of the OMB are appointed by the Provincial government and have diverse backgrounds.

Some of the issues that the OMB deals with include:
official plans
zoning by-laws
subdivision plans
consents to sever land
minor variances from
local by-laws
development charges
applications for aggregate licences, and
compensation for expropriated land.

For more information visit
www.omb.gov.on.ca

 


 

Business Services . . .

Development Charges

What are Development Charges?
In 1990, the Province of Ontario passed the Development Charges Act, it was updated in 1997. This act authorizes municipalities to pass by-laws for the recovery of costs incurred to provide services to new residential and on residential developments. These services include the construction of libraries, fire facilities, recreational facilities, park development and facilities, roads and other facilities. The Director of Finance/Treasurer is required to submit an annual report to Council for the previous year's status of the Development Charges Reserve Funds. This report identifies the opening/closing balances, total of receipts and expenditures of the Development Charges Reserve Funds once the year-end financial statements have been audited. A copy of this report can be obtained by contacting the Municipal Clerk's Department.

Clarington Council passed By-law No. 2000- 108 on July 10th, 2000 imposing development charges on residential and commercial development. The service components of the development charge include Community Services, Public Works (Operations), Civic Administration and Museum, Fire Protection and Libraries.

It is important to realize that the Municipality of Clarington is not the only public authority that can impose development charges. This information applies only to the Municipality's By-law. The Regional Municipality of Durham and the School Boards within this jurisdiction have also enacted development charges by-laws. Please refer to those other authorities to obtain an explanation about their current rates, when and how they are indexed and how their individual by-laws are implemented.

When is a development charge imposed?
A development charge applies where a proposed residential or commercial building project requires:

  • The passing of a zoning by-law, or an amendment to a zoning by-law
  • The approval of a minor variance, which involves a change in use, intensification of use or expansion of uses
  • The approval of a plan of subdivision, or,
  • The issuing of a building permit

Are there any credits or exemptions allowed?
A number of exemptions are legislated under the Development Charges Act. The Municipality's by-law provides exemptions/credits for housing intensification, agricultural uses, temporary buildings, certain institutional uses and industrial expansions, all subject to certain rules as stipulated in the by-law.

When are development charges due?
Generally development charges are due when a building permit is issued. In exceptional cases where a land severance application was finalized prior to 1992, municipal development charges may have been paid. Record of payment is required. It is suggested the Region of Durham be contacted to confirm whether their development charges were also paid.

The Development Charges By-law is reviewed every 5 years.

CLARINGTON DEVELOPMENT CHARGES
Effective January 1, 2008 – December 31, 2008

RESIDENTIAL

Services REVISED % 2 decimals Single & Semi Townhouse
Row
Apartments
(Large)
Apartments
(Small)
General Government 3.62 $ 360.59 $ 316.21 $ 244.13 $ 155.37
Library Services 5.40  $ 537.89 $ 471.69 $ 364.18 $ 231.77
Emergency Services 5.05  $ 503.03 $ 441.12 $ 340.57 $ 216.75
Indoor Recreation 30.21  $ 3,009.22 $ 2,638.84 $ 2,037.36 $ 1,296.61
Eng. Park Dev. & Facilities 11.82  $ 1,177.39 $ 1,032.48 $ 797.14 $ 507.31
Operations Department 5.99 $ 596.66 $ 523.23 $ 403.97 $ 257.09
Parking 0.31 $ 30.88 $ 27.08 $ 20.91 $ 13.31
Roads & Related 37.60  $ 3,745.34 $ 3,284.35 $ 2,535.74 $ 1,613.79
Total Development Charge 100 % $ 9,961.00 $ 8,735.00 $ 6,744.00 $ 4,292.00

NON-RESIDENTIAL Excluding Industrial

Services

Allocation
%

Commercial/Institutional
$/m2 Gross Floor
General Government 3.53  $ 1.47
Emergency Services 4.97 $ 2.06
Operations 5.89  $ 2.45
Parking 0.31  $ 0.13
Roads & Related 85.30  $ 35.43
Total Development Charge 100 % $ 41.54


NON-RESIDENTIAL - INDUSTRIAL

Services

Allocation
%

Industrial
$/m2 Gross Floor
General Government 6.44  $ 1.47
Emergency Services 9.04 $ 2.06
Operations 10.72  $ 2.45
Parking 0.56  $ 0.13
Roads & Related 73.24  $ 16.71
Total Development Charge 100 % $ 22.82

Download PDF version of Development Charges

Region of Durham Development Charges