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Proposed 1998 Fee Schedule for Planning Applications.



The Urban Environment and Development Committee recommends the adoption of Recommendation No. (1), embodied in the joint report (March 10, 1998) from the Commissioner of Planning and Urban Development Services and the Interim Functional Lead, Planning, viz:



"(1) that Council adopt the 1998 fee schedule for planning applications, as shown on Table 1. The fee schedule, if adopted, can be implemented effective May 1, 1998;".



The Urban Environment and Development Committee reports, for the information of Council, having:



(a) concurred with Recommendation No. (2), embodied in the joint report (March 10, 1998) from the Commissioner of Planning and Urban Development Services and the Interim Functional Lead, Planning, viz:



"(2) that the Urban Environment and Development Committee forward a copy of this report to the Budget Committee for its information."; and



(b) concurred with the Recommendation embodied in the report (March 20, 1998) from the City Solicitor, viz:



"That the Urban Environment and Development Committee direct the City Solicitor to consult with the Commissioner of Urban Planning and Development Services and to report directly to Council on April 16, 1998, with a recommendation of how to address the anticipated impact upon the City Solicitor's budget of the new common fees proposed.".



The Urban Environment and Development Committee submits the following joint report (March 10, 1998) from the Commissioner of Urban Planning and Development Services and the Interim Functional Lead, Planning:



Purpose:



To adopt a common fee schedule.



Recommendations:



It is recommended:



(1) that Council adopt the attached 1998 fee schedule for planning applications, as shown on Table 1. The fee schedule, if adopted, can be implemented effective May 1, 1998; and



(2) that the Urban Environment and Development Committee refer this report to Budget Committee for its information.



Discussion:



The Commissioners of Planning, in consultation with staff from the Treasurer's Office, have developed the proposed fee schedule for planning applications. The adoption of a single planning application fee schedule is an important step in the process of creating one Planning Department. The proposed fee schedule represents a harmonization of the existing fee structures of the former municipalities and will enable the harmonization of other matters including the development of one common application form across the City.



The proposed fees will be fair and equitable to the development community and residents and will allow the Planning Department to assess identical fees for each application type in each District Office. A single harmonized fee schedule will reduce Department administrative costs and improve the ability of the Planning Department to more accurately forecast its budget, thereby achieving a greater cost savings to the City of Toronto.



The proposed fees will continue to recover a portion of the staffing costs associated with the review of development applications. They do not represent the full cost associated with processing development applications nor do they include the costs of other Departments, such as the Legal and Clerk's Departments.



Rationale Behind the Proposed Fee Schedule:



The proposed fees are not based on a statistical review of costs associated with the processing of development applications. The base data to perform such an analysis is not yet available on a consistent basis across the Corporation. All existing application fees charged by the former municipalities are essentially arbitrary and represent, based on a recent study done by the Greater Toronto Home Builders' Association, less than three percent of the total charges levied by a municipality in the development process.



In developing the proposed fee schedule, the Directors of Development Control adopted the following principles:



(1) a single harmonized fee schedule should be developed for administrative simplicity;



(2) fees should be fair and equitable to the development community and residents of the City of Toronto;



(3) fees must ensure that Toronto remains competitive with abutting municipalities; and



(4) fees should be easily understood and calculated.



In an effort to reduce red tape, streamline the planning process and make it more user friendly, staff have combined a number of separate fees previously levied into the proposed fees. The objective is to levy one set fee for each application type, rather than assess additional charges at different times in the process, for the different components of application approval.



Official Plan/Zoning By-law Applications:



A flat fee for an Official Plan Amendment is appropriate, given that it is generally accompanied by a Zoning By-law Amendment application. Staff felt it more appropriate to assess a larger fee for a Zoning By-law application, given the large amount of staff time involved in the processing of this type of application. The proposed fee for a Zoning By-law Amendment application is premised on a sliding scale, such that small applications are assessed a one-time flat fee and larger, more complicated applications are assessed a base fee, coupled with a per square metre charge. The total fee becomes dependent upon the size of development proposed.



Lifting of Holding (H) Zone:



A flat fee for the removal of a Holding Zone is appropriate given that the majority of the review has been completed by staff during the initial implementation stage of the Zoning By-law.



Site Plan Control:



A separate fee for Site Plan Control applications is appropriate given the amount of staff time involved and given the different type of examination required from that of an Official Plan or Zoning By-law application. Again a sliding scale has been proposed, such that small applications are assessed a one-time flat fee and larger more complicated applications are assessed a base fee, coupled with a per square metre charge.



Subdivision/Condominium/Part Lot Control:



For Draft Plan of Subdivision, Draft Plan of Condominium and Part Lot Control applications, a base fee coupled with a per unit or per lot charge is appropriate. Generally, the larger the draft plan of subdivision or condominium, the more time staff spends processing the application. The Draft Plan of Subdivision and the Draft Plan of Condominium fees may appear significantly higher than those fees previous levied by the local municipalities. However, by incorporating the fee previously levied by the local municipality and the former Municipality of Metropolitan Toronto, there is now a net reduction in the combined fee.



Variances/Consents:



Review of minor variance and consent applications involves a significant amount of staff time. In an effort to recover a portion of these costs but remaining cognizant of the fact that the majority of these applications are submitted by homeowners, the fees for these applications have been kept to a minimum. However, the proposed minor variance and consent fees do represent an increase in those fees previously levied by most of the former municipalities. It may appear that the proposed fees for consents have increased significantly; however, it should be noted that the many separate costs previously levied during the consent process have now been combined. No longer are there separate charges for stamping a deed or issuing a certificate of approval.



The following tables compare the difference in fees being proposed from those fees previously levied by each former municipality and includes an average cost between the former municipalities. Staff have developed three typical development scenarios, which are illustrated below:



Scenario 1:



An owner has submitted a Zoning By-law Amendment and Site Plan Control application to construct a 6 000 m² (64,600 square feet) new commercial building.

Borough of East York City of Etobicoke City of

North York

City of Scarborough City of Toronto City of York Average Cost Proposed

Fee

Zoning

By-law

$7,750 * $3,750 $5,550 $2,000 $6,250

**

$3,700

***

$4,833 $3,950
Site Plan Control $8,000 * $3,750

****

$1,440 $2,600 $650 $1,700 $3,023 $3,250
Total $15,750 $7,500 $6,990 $4,600 $6,900 $5,400 $7,856 $7,900





* Includes $1,500.00 base consultant recovery fee--unused monies to be refunded or if in excess of base fee additional monies are requested to cover costs.



** Includes a $1,000.00 newspaper advertising charge and a $125.00 fee for a Preliminary Review Notice.



*** Includes a $1,000.00 newspaper advertising charge.



**** Includes a $750.00 fee for a Site Plan Control Agreement.



Scenario 2:



An owner has submitted a Zoning By-law Amendment and Plan of Condominium application to construct a 300-unit residential apartment building. The proposed residential apartment building is approximately 27 870 m² (300,000 square feet).

Borough of East York City of Etobicoke City of

North York

City of Scarborough City of Toronto City of York Average

Cost

Proposed Fee
Zoning By-law $11,750* $14,685 $25,233 $7,030 $21,400** $5,500

***

$14,266 $14,885
Plan of Condominium

****

$17,000* $6,500 $6,280 $7,900 $6,700 $8,750 $8,855 $6,000
Total $28,750 $21,185 $31,513 $14,930 $28,100 $14,250 $23,121 $20,885



* Includes $1,500.00 base consultant recovery fee for Zoning By-law applications and a $1,000.00 base consultant recovery fee for Condominiums--unused monies to be refunded or if in excess of base fee additional monies are requested to cover costs.



** Includes a $1,000.00 newspaper advertising charge and a $400.00 fee for a Preliminary Review Notice.



*** Includes a $1,000.00 newspaper advertising charge.



**** Includes a $5,500.00 fee which was previously levied by the former Municipality of Metropolitan Toronto. This Condominium fee is included in the total fee for each of the former municipalities.





Scenario 3:



An owner has submitted a Consent and Minor Variance application to divide one lot into two lots with a request to reduce the side yard setback for the existing dwelling.

Borough of East York City of Etobicoke City of

North York

City of Scarborough City of Toronto City of

York

Average Cost Proposed Fee
Consent $1,000 $1,400* $550 $1,850 $1,100

**

$1,750

***

$1,275 $1,400
Minor Variance $175 $200 $330 $500 $230

****

$200 $273 $300
Total $1,175 $1,600 $880 $2,350 $1,330 $1,950 $1,548 $1,700



* Includes a $1,000.00 fee required for the preparation of a consent agreement.



** Includes a $300.00 fee for stamping deeds.



*** Includes a $500.00 fee for any lot created by deed and a $400.00 fee for stamping of documents.



**** Includes a $30.00 fee for a Preliminary Review Notice.



Of note, staff will implement a time-tracking system as part of the effort of creating a single planning organization for the City of Toronto. This system will allow for benchmarking and staff costing measurements, which will ensure a more accurate assessment for subsequent fee adjustments.



In addition, staff reviewed planning application fees from the City of Mississauga, the Town of Vaughan, the Town of Markham and the Town of Pickering (see attached Table 2). The proposed fee schedule will remain competitive with those fees currently levied by abutting municipalities.



Conclusions:



The Commissioners of Planning of each municipality, in consultation with the Treasurer, agree that the attached 1998 harmonized fee schedule (Table 1) is essential and is required for the immediate operation of one Planning Department.



Contact Name:



Ms. Kennedy Self, MCIP, RPP, Director of Community Planning, 396-7012, Fax: 396-4265,

E.Mail: self@city.scarborough.on.ca.

--------



Table 1 - Proposed 1998 Fee Structure:

Planning Application Fee
Official Plan Amendment - Fee: $3,000.00
Zoning By-Law Amendment - Base Fee for all applications: $1,200.00.

Additional Fee for buildings having gross floor area over 500 m²: $0.50/m².

Maximum Fee: $20,000.00.

Lifting of Holding Zone Provisions - Fee: $1,200.00.
Draft Plan of Subdivision - Base Fee: $4,500.00 plus $100.00 per lot proposed.
Draft Plan of Condominium - Base Fee: $3,000.00 plus $10.00/unit.
Consent - Sever one lot into two or establishment of a new easement: $1,400.00.

Additional Fee for each additional lot created: $900.00.

- Validation of Title, Clear Title, leases, mortgage discharge, lot additions, re-establishment of easements: $700.00.

Part Lot Control - Base Fee: $1,800.00 plus additional $200.00 per lot proposed.
Site Plan Control - Base Fee for all applications: $500.00.

Additional Fee for buildings having gross floor area over 500 m²: $0.50/m² .

- Agreement/Revision: $500.00.

Maximum Fee: $30,000.00.

Minor Variance - Clear title - i.e., no construction work involved: $300.00.

- Additions and alterations to existing dwellings with three units or less: $400.00.

- All other residential, commercial, industrial or institutional: $900.00.





Table 2 - Existing Fees for the Town of Markham, Town of Vaughan, City of Mississauga and Town of Pickering and the City of Toronto's Proposed Fees:

Planning Application Town of Vaughan Town of Markham City of Mississauga Town of Pickering Proposed

Fees

Official Plan Amendment Regional fee- min $1,740 or max $3,665.

$1,000 base fee plus $750 if approved.

Regional fee- min $1,740 or max $3,665.

$1,500.

Regional fee-$1,000.

$1,000 base fee plus 50% of $761/gross ha- (min $761 and max $11,035).

Regional fee- $500.

$2,000.

$2,000.
Zoning

By-Law Amendment

$750 base fee plus $750 if approved. $750 to change dev standards.

$1,500 to change zone category or uses.

$1,000 base fee plus- 50% of $761/gross ha- (min $761 and max $11,035). $800. $1,200 base fee plus $0.50/m² for gfa over

500 m².

Lifting of Holding Zone Provisions $1,000. $750. N/A. $350. $1,200.
Plan of Subdivision Regional fee- min $1,080 or max $1,910.

$3,000 base fee plus- $150/unit [sf,sd,th] or

$50/unit [mf] or

$2,000/ha

[non-resid].

Regional fee- min $1,080 or max $1,910.

$3,800 base fee plus-

$1,100/half ha [non-resid]or

1st 100 units: $220/unit, next 150 units: $175/unit, next 250 units: $150/ unit, excess 500 units: $100/ unit [resid], apts $100/ unit.

Regional fee- $1,500.

$1,000 base fee plus-

50% of $320/gross ha- (min $1,504 and max $20,736).

Regional fee- $4,000 processing + $1,000 final approval. $1,500 base fee plus- $50/dwelling unit (max $5,000). $4,500 base fee plus- $100/lot.
Plan of Condominium Regional fee- min $930 or max $1,205.

$2,000 base fee plus-

$50/ha [industrial] or

$20/unit [residential].

Regional fee- min $930 or max $1,205

$2,470.

Regional fee- $700.

$1,300.

Regional fee- $4,000 processing + $1,000 final approval.

$800.

Condo conversion-$1,000.

$3,000 base fee plus- $10.00/unit.









Consent $1,000.

$500 to appeal conditions.

$800 base fee plus-

$220/unit [resid] or

$1,500/half ha or part thereof, min $1,500 [other].

Technical $250.

$927 plus $350 to issue certificate. Regional Fees-

$600 applic, plus $750 to stamp deeds [new lots] or

$150 [lot alignment].

$1,400 base fee [1 lot into 2 or new easement] plus- $900 for each additional lot.

$700 for title, lease, mortgage, lot additions, etc.

Part Lot Control

$800. $1,500. $1,000 plus $50/lot created.

Regional fee- $125.

N/A. $1,800 base fee plus- $200/lot proposed.
Site Plan Control $350 base fee plus-

$0.30/m² to

4 500 m² +

$0.10 m² -

(max $3,000)

[ind/off/inst] or

$1/m² up to 4 500 m² + $0.25/m² -

(max $5,000)

[commercial] or

$150/unit-[residential].

$275/unit base or

1st 100 units: $275/unit, next 150 units: $230/unit, next 250 units: $205/ unit, excess 500 units: $155/ unit [resid], apts $155/ unit or

$1,500/half ha or part thereof [ind/comm/inst] min $1,500.

To amend agmts-$750.

To amend resid agmts-$125.

$500 [resid].

$750 [other] plus 50% of $1,670/gross ha- (min $902 and max $11,189).

$500 base fee plus- $50/unit [resid] max $5,000.

$500 base fee plus- $275 for each 2 000 m² [comm] max $5,000.

Other and major revisions- $500. Minor revisions- $200.

$500 base fee plus- $0.50/m² for gross floor area over 500 m².

$500 agreements or revisions.

(max $30,000).

Minor Variance $300- resid/agric/inst.

$600- indust/comm.

$450 resid [excl- apts and condos].

$600 [other].

$150 residential.

$350 other.

$300. $300 clear title.

$400 dwllg with three units or less [additions/ alterations].

$700 three units or less [new resid devs].

$900 all others.



Notes:



(i) York Region will assess a fee of $5,775.00 for an OPA which requires amending the regional plan. This fee is applicable only to privately-initiated applications.



(ii) Peel Region will assess a fee of $3,500.00 for an OPA which requires amending the regional plan. This fee is applicable only to privately-initiated applications.



(iii) Durham Region will assess a fee of $2,000.00 (plus $1,000.000 for final approval) for an OPA which requires amending the regional plan. This fee is applicable only to privately-initiated applications.



The Urban Environment and Development Committee also submits the following report (March 20, 1998) from the City Solicitor:



Purpose:



To ensure that the adoption of a common fee schedule recommended in the March 10, 1998 report of the Commissioner of Urban Planning and Development Services does not negatively impact the City Solicitor's budget.



Funding Sources, Financial Implications and Impact Statement:



Prior to amalgamation, planning application fees in several of the municipalities within what is now the City of Toronto included legal services as a portion of the cost of processing planning applications. Some of the fees collected were used to pay for legal services. The report of the Commissioner of Urban Planning and Development Services indicates that the new common fee schedule excludes legal costs associated with the processing of planning applications. To protect the City Solicitor's budget, the previous level of funding for legal services associated with planning applications should be maintained.



Recommendations:



It is recommended that the Urban Environment and Development Committee direct the City Solicitor to consult with the Commissioner of Urban Planning and Development Services and to report directly to Council on April 16, 1998, with a recommendation of how to address the anticipated impact upon the City Solicitor's budget of the new common fees proposed.



Council Reference/Background/History:



The former municipalities in what is currently the City of Toronto collected fees for the processing of planning applications pursuant to policies and tariffs of fees adopted by by-law. In several of the former municipalities, the fees were designed to recover a portion of the legal costs associated with the processing of applications. These fees were used to pay for legal services. The Legal Department of the City is now responsible for all of those services, including the payment of some counsel in private practice.



The report of the Commissioner of Urban Planning and Development Services recommends the adoption of a new tariff of fees for all applications in the amalgamated City. The report indicates that the new fees are not intended to include legal costs associated with processing the applications. The adoption of that report will repeal by implication all existing fee tariffs and related fee policies of Council.



Comments and/or Discussion and/or Justification:



Adoption of the report recommending a common fee schedule could have an unintended negative impact on my budget. As is the case for planning costs, there has not been a uniform practice across the seven amalgamating municipalities with respect to legal costs associated with planning applications. However, at least three of the seven amalgamated municipalities did charge fees in connection with planning applications intended to either fully or partially offset related legal costs.



As the report of March 10, 1998, from the Commissioner for Urban Planning and Development Services indicates, the former Borough of East York recovered consultants fees, including fees for legal services by charging these directly to development applicants. The former City of Etobicoke also recovered at least some of its legal costs by charging these to development applicants. The former City of North York also charged a fee to development applicants in respect of its Legal Department's services. That fee was set at ten percent of the fees being collected by the North York Planning Department for its own services (i.e., a ten percent surcharge). It was collected by the Planning Department at the same time as the Planning Department's fees were collected and credited to the Legal Department. This ten percent surcharge was recognized as representing only a small part of the North York Legal Department's full costs for these services. My budget anticipates that revenue sources will remain as they were prior to amalgamation.



Conclusion:



As indicated above, it appears that an unintended consequence of adopting the report of the Commissioner of Urban Planning and Development Services will be to eliminate a revenue source that has been used in the past to partially offset the costs of legal services for planning applications. Should that report be adopted, protection of the City Solicitor's budget is required.



Contact Name:



Mr. H.W.O. Doyle, City Solicitor, Legal Services.

 

   
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