AGENDA. Alternative formats available upon request by contacting: or ext. 3347

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1 The Corporation of the Town of Ajax COUNCIL Monday July 9, 2018 Immediately following the General Government Committee Meeting River Plate Room, Town Hall 65 Harwood Avenue South AGENDA Alternative formats available upon request by contacting: or ext Online Agenda Anything in blue denotes an attachment/link. By clicking the links on the agenda page, you can jump directly to that section of the agenda. 1. Call To Order & Acknowledgement An acknowledgment of Traditional Territory is an invitation to reflect on personal relationships with Indigenous Nations. When we acknowledge Treaty we are asking individuals to explore their rights and responsibilities to place and people. And when Land is acknowledged we are encouraging you to seek out the history and teachings of the natural world. 2. Disclosure of Pecuniary Interest 3. Adoption of Minutes 3.1 Regular Meeting June 18, Delegation and Presentations / Public Hearings None 5. Correspondence Reports 6.1 Community Affairs & Planning Committee Report July 3, General Government Committee Report July 9, 2018 (ratify actions) 6.3 Summary of Advisory Committee Decisions June,

2 6.4 Departmental Reports July 3, Ontoro Boulevard / Range Road Regional Water Service Expansion, S. Smallwood, Director of Planning & Development Services / G. Romanowski, Manager of Planning Regional Councillors Reports 7.1 Regional Councillor S. Collier... verbal 7.2 Regional Councillor C. Jordan Business Arising From Notice of Motion None 9. By-Laws Removal of H Holding Symbol - Livian Homes - 40M Part Lot Control Time Extension Mountcliffe Developments -Northeast Corner Salem/Gillett Zoning By-Law Amendment Z9/16 NWC Salem Rd N / Kerrison Drive E Assumption of Subdivision 40M-2345 Boddy Phase 2B Assumption of Subdivision 40M-2282 Castlefields Phase Assumption of Subdivision 40M-2347 Hampstock Phase Debenture External Borrowing - New Library/Arc Phase Debenture Internal Borrowing New Library/Arc Phase Development Charges By-law Notice of Motion 11. Question Period 12. New Business, Notices and Announcements 13. Confirming By-Law Adjournment

3 Minutes of the Meeting of the Council of the Corporation of the Town of Ajax Held in the Council Chambers of the Town Hall on Monday, June 18, 2018 at 7:00 p.m. Alternative formats available upon request by contacting: or ext Present: Mayor S. Parish Regional Councillors C. Jordan Councillors M. Crawford R. Ashby J. Dies P. Brown Regrets: S. Collier 1. Call to Order Mayor Parish called the meeting to order at 7:00 p.m. and acknowledged traditional treaty lands. Regional Councillor Collier was unable to attend the meeting and sent his regrets. Before proceeding with the meeting, Mayor Parish thanked staff for their work on the Great Lakes and St. Lawrence Cities Initiative Conference held in Ajax from June Mayor Parish also acknowledged Rob Ford, Chief Administrative Officer, for his final meeting in the Council Chambers prior to his pending retirement. 2. Disclosure of Pecuniary Interest There were no disclosures of pecuniary Interest. 3. Adoption of Minutes Moved by: M. Crawford Seconded by: P. Brown That the Minutes of the Closed Session meeting of Council held on May 22, 2018 be adopted. CARRIED Moved by: P. Brown Seconded by: C. Jordan That the Minutes of the regular meeting of Council held on May 22, 2018 be adopted. CARRIED 3

4 Town of Ajax Council June 18, Delegations and Petitions/Public Hearings 4.1 National Indigenous People s Day June 21, 2018 and Aboriginal Art Presentation Jai Sahak, Diversity & Community Engagement Coordinator, noted that National Indigenous People s Day was first declared on June 21, 1996, and discussed the history and demographics of Indigenous peoples in Canada. J. Sahak invited residents to attend a screening of Indian Horse at the St. Francis Centre; a trailer for the film was displayed. In honour of National Indigenous People s Day, Councillor Brown and Regional Councillor Jordan donated a piece artwork to the Town. Regional Councillor Jordan described the work by Indigenous artist Jon LaBillois and noted its significance with respect to missing and murdered Indigenous women in Canada. Mayor Parish presented the proclamation on behalf of Council. 4.2 Lee Symmes Municipal Award Caroline Schultz, Executive Director, Ontario Nature, reviewed the mandate of the organization and discussed its history and founding in Ms. Schultz noted that the Lee Symmes award for 2017 was given to Mayor Parish and the Town of Ajax for their consistent advocacy for nature, implementation of programs and initiatives that conserve and protect nature, and leadership in environmental stewardship. Ms. Schultz presented the award to Mayor Parish. 4.3 Capital Projects Update Catherine Bridgeman, Manager of Infrastructure & Asset Management, provided a presentation on construction projects for C. Bridgeman reviewed design and construction projects for sidewalks, trails, parks, parking lots, roads, culverts, storm sewers, and pathway and streetlight installations, and provided an update on construction progress at the Quaker Meeting House and ARC Phase 2. Council members asked questions regarding traffic management at Town facilities during construction, timing of washroom facility construction at Paradise Park, and availability of construction project status information. C. Bridgeman reviewed the timing of construction projects and noted that status information for projects is available on the Town s website. 5. Correspondence Council members discussed the correspondence received from the Town of Whitby regarding tolls on Highway 412. Motion Moved by: C. Jordan Seconded by: P. Brown That the correspondence received from the Town of Whitby regarding tolls on Highway 412 be endorsed. CARRIED 4

5 Town of Ajax Council June 18, 2018 Recorded Vote: In Favour: Regional Councillor Jordan, Councillor Ashby, Councillor Brown, Councillor Crawford, Councillor Dies, Mayor Parish Opposed: None Absent: Regional Councillor Collier Main Motion Moved by: J. Dies Seconded by: C. Jordan That the balance of the report dated June 18, 2018 containing Items of Correspondence be adopted. CARRIED 6. Reports 6.1 Community Affairs & Planning Committee Report None 6.2 General Government Committee Report Moved by: R. Ashby Seconded by: M. Crawford That the General Government Committee Report dated June 11, 2018, be adopted. CARRIED 6.3 Summary of Advisory Committee Decisions Moved by: J. Dies Seconded by: P. Brown That the Summary of Advisory Committee Decisions from May 2018 as attached to the meeting agenda be received for information, and that the recommendations contained therein be referred to staff where applicable. CARRIED 6.4 Departmental Reports Veridian & Whitby Hydro Merger Agreements Moved by: J. Dies Seconded by: P. Brown That the following resolution for the proposed Amalgamations between (1) Veridian Corporation and Whitby Hydro Energy Corporation, and (2) Veridian Connections Inc. and Whitby Hydro Electric Corporation be approved by Council: 5

6 Town of Ajax Council June 18, 2018 WHEREAS The Corporation of the Town of Ajax (the Municipality ) is a shareholder of Veridian Corporation ("Veridian Holdco"); AND WHEREAS Veridian Holdco is the sole shareholder of Veridian Connections Inc. ("Veridian LDC"); AND WHEREAS Veridian Holdco and Whitby Hydro Energy Corporation ("Whitby Holdco") intend to amalgamate (the Holdco Amalgamation ) pursuant to section 174 of the Business Corporations Act (Ontario) (the OBCA ) to form an amalgamated entity ( Merged Holdco ); AND WHEREAS subsequent to the Holdco Amalgamation, Veridian LDC and Whitby Hydro Electric Corporation ( Whitby LDC ) intend to amalgamate pursuant to section 174 of the OBCA (the LDC Amalgamation, and together with the Holdco Amalgamation, the Amalgamations ) to form an amalgamated entity ( LDC Mergeco ); AND WHEREAS in order to facilitate the Amalgamations, Veridian LDC, Whitby Holdco, Veridian Holdco, Whitby LDC, The Corporation of the Town of Ajax, The Corporation of the City of Belleville, The Corporation of the Municipality of Clarington, The Corporation of the City of Pickering, and The Corporation of the Town of Whitby intend to enter into a merger participation agreement (the Merger Participation Agreement ), substantially in the form of a draft merger participation agreement (the Draft Merger Participation Agreement ) previously circulated under separate confidential cover to members of Ajax Council on June 11, 2018; AND WHEREAS pursuant to section 2.3(1) of the Merger Participation Agreement, Veridian Holdco is required to enter into an amalgamation agreement with Whitby Holdco substantially in the form of the agreement attached as Schedule 2.3(1) to the Merger Participation Agreement (the Holdco Amalgamation Agreement ); AND WHEREAS subsection 176(4) of the OBCA provides that an amalgamation agreement is adopted when the shareholders of each amalgamating corporation have approved of the amalgamation by a special resolution of the holders of the shares of each class or series entitled to vote thereon; AND WHEREAS pursuant to section 185 of the OBCA, a holder of shares of any class or series entitled to vote on the resolution approving an amalgamation may dissent, in which case such shareholder, in addition to any other right the shareholder may have, is entitled to be paid by the corporation the fair value of the shares held by the shareholder subject to compliance with the dissent procedure contained in section 185 of the OBCA; AND WHEREAS the Municipality declares that it is not exercising such right of dissent in connection with the Amalgamations and waives its right to receive notice of a meeting of shareholders pursuant to subsection 176(2) of the OBCA in connection with the Amalgamations; 6

7 Town of Ajax Council June 18, 2018 AND WHEREAS pursuant to section 2.3(2) of the Merger Participation Agreement, Veridian LDC is required to enter into an amalgamation agreement with Whitby LDC substantially in the form of the agreement attached as Schedule 2.3(2) to the Merger Participation Agreement (the LDC Amalgamation Agreement ); AND WHEREAS after the Amalgamations have taken place, Merged Holdco, LDC Mergeco, The Corporation of the Town of Ajax, The Corporation of the City of Belleville, The Corporation of the Municipality of Clarington, The Corporation of the City of Pickering, and The Corporation of the Town of Whitby intend to enter into a unanimous shareholders agreement governing the affairs of Merged Holdco and LDC Mergeco (the Unanimous Shareholders Agreement ), substantially in the form of a unanimous shareholders agreement (the Draft Unanimous Shareholders Agreement ) previously circulated under separate confidential cover to the Council of the Town of Ajax on June 11, NOW THEREFORE BE IT RESOLVED THAT: (a) The Municipality approves the Amalgamations; (b) The terms and conditions of the Merger Participation Agreement, the Unanimous Shareholders Agreement and the transactions contemplated thereby are reasonable and fair to the Municipality; (c) The Municipality, Veridian Holdco and Veridian LDC are authorized to enter into the Merger Participation Agreement, substantially in the form of the Draft Merger Participation Agreement, as circulated to Council under separate confidential cover on June 11, 2018; (d) Veridian Holdco is authorized to enter into the Holdco Amalgamation Agreement, substantially in the form set out in Schedule 2.3(1) to the Merger Participation Agreement; (e) Veridian LDC is authorized to enter into the LDC Amalgamation Agreement, substantially in the form set out in Schedule 2.3(2) to the Merger Participation Agreement; (f) The Municipality is authorized to enter into the Unanimous Shareholders Agreement, substantially in the form of the Draft Unanimous Shareholders Agreement, as circulated to Council under separate confidential cover on June 11, 2018; (g) The execution and delivery by the Municipality of the Merger Participation Agreement and the Unanimous Shareholders Agreement and the performance by it of its obligations thereunder, substantially in the form and on the terms set out in the Draft Merger Participation Agreement and Draft Unanimous Shareholders Agreement, are hereby authorized, and the Chief Administrative officer is hereby authorized to independently approve further deletions, amendments or additions thereto which in his opinion are minor or administrative in nature, and would not impact upon the value of the Town s asset in any substantial way, it being understood that any changes or modifications deemed by the CAO to be material or substantial in nature would require further Council approval; 7

8 Town of Ajax Council June 18, 2018 (h) The Mayor and Clerk are authorized and directed, for and in the name of and on behalf of the Municipality, to execute and deliver the Merger Participation Agreement and the Unanimous Shareholders Agreement, substantially in the form and on the terms set out in the Draft Merger Participation Agreement and the Draft Unanimous Shareholders Agreement, with such deletions, amendments or additions thereto as the CAO or Council may approve; and (i) The Mayor and Clerk are authorized and directed, for and in the name of and on behalf of the Municipality, to execute and deliver all such other agreements, amendments, instruments, certificates, resolutions and other documents, including a resolution of the shareholders of Veridian Holdco approving the Amalgamations, and to do all such other acts and things as the CAO may determine to be necessary or advisable in connection with the Merger Participation Agreement, or to carry out the intention of the foregoing resolution, the execution and delivery of any such agreement, amendment, instrument, certificate, resolution or other document or the doing of any such other act or thing by the CAO being conclusive evidence of such determination. CARRIED Recorded Vote: In Favour: Regional Councillor Jordan, Councillor Ashby, Councillor Brown, Councillor Crawford, Councillor Dies, Mayor Parish Opposed: None Absent: Regional Councillor Collier Ontario s Main Street Revitalization Initiative Moved by: M. Crawford Seconded by: C. Jordan 1. That Council approve the funding to be allocated to the Town of Ajax, in the amount of $129,697.00, towards the following projects: the construction of a sidewalk, on the west side of Harwood Avenue extending between the Ajax-Pickering hospital and the northern limit of the Town s property (Medallion Development); on-road cycling infrastructure in Pickering Village at the following locations: o o o o Old Kingston Rd. Elizabeth St. to Kingston Rd. Windsor Rd. Sherwood Rd. W to Old Kingston Rd. Sherwood Rd. W Windsor Rd.to Church St. Sherwood Rd. E Church St. to Rotherglen Rd. N Arbour Park asphalt trail connection between the Main Central Library and Parking Lot/Achilles Road (subject to available funds). 8

9 Town of Ajax Council June 18, That Council approve By-law Number , recognizing the Town s participation in Ontario s Main Street Revitalization Initiative, including the execution of the required Municipal Funding Agreement. CARRIED 7. Regional Councillors Reports Regional Councillor Jordan provided a verbal report and noted that the Region of Durham recently considered anaerobic digestion for waste management and water quality issues on Ontoro Boulevard. Moved by: M. Crawford Seconded by: J. Dies That the Regional Councillors Reports of June 18, 2018 be received for information. CARRIED 8. Business Arising from Notice of Motion None 9. By-laws Moved by: P. Brown Seconded by: C. Jordan That By-law numbers to be read a first, second and third time and passed. CARRIED 10. Notice of Motion None 11. Question Period None 12. New Business - Notices & Announcements None 9

10 Town of Ajax Council June 18, Confirming By-Law Moved by: J. Dies Seconded by: P. Brown That By-law number being a by-law to confirm the proceedings of the Council of the Corporation of the Town of Ajax at its regular meeting held on June 18, 2018 be read a first, second and third time and passed. CARRIED 14. Adjournment Moved by: M. Crawford Seconded by: C. Jordan That the June meeting of the Council of the Town of Ajax be adjourned. (7:50 p.m.) CARRIED Mayor D-Clerk 10

11 TOWN OF AJAX REPORT TO COUNCIL TO: FROM: Mayor and Members of Council N. Cooper, Clerk DATE: July 9, 2018 SUBJECT: Items of Correspondence The following items of correspondence are attached for Council s information: i) Town of Ajax: Proclamations issued by the Mayor s Office ii) Municipality of Clarington: Veridian and Whitby Hydro Merger iii) City of Pickering: Veridian and Whitby Hydro Merger iv) City of Oshawa: Addressing Affordable Accessible Housing Needs in Ontario v) Regional Municipality of Durham: Lake Ontario Flooding N. Cooper Clerk 11

12 MEMO TO: FROM: DEPARTMENT: SUBJECT: Mayor and Members of Council Linsey Joseph Legislative and Information Services - Legislative Services PROCLAMATIONS ISSUED BY THE MAYOR'S OFFICE DATE: July 9, 2018 The following Proclamations have been issued during the month of July Name of Person/Group(s) Title of Proclamation Date(s) Proclaimed Coaches Association of Ontario National Coaches Week September 22-30, 2018 Linsey Joseph Legislative & Information Services /CC* flag 12

13 June 12, 2018 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at ext Michael Angemeer Veridian Corporation Via Dear Mr. Angemeer: Re: File Number: Veridian and Whitby Hydro Merger LS At a meeting held on June 11, 2018, the Council of the Municipality of Clarington approved the following Resolution #GG : That Report CAO be received; and That Council pass the by-law attached to Report CAO (Attachment 1) in order to approve the proposed amalgamations between (1) Veridian Corporation and Whitby Hydro Energy Corporation, and (2) Veridian Connections Inc. and Whitby Hydro Electric Corporation. Accordingly, please find enclosed By-law Staff from the Legal Department will be contacting you regarding the execution of the agreement. Yours truly, June Gallagher, B.A. Deputy Clerk Encl. JG/lp Please see attached list of Interested Parties CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A

14 Michael Angemeer 2 June 12, 2018 Interested Parties List c: Ron Clark, Aird & Berlis LLP Bernadette Corpuz, Borden Ladner Gervais LLP Troy MacDonald, Grant Thornton LLP John Sanderson, Whitby Hydro Energy Corporation Clerk, City of Pickering Clerk, Town of Ajax Clerk, City of Belleville Clerk, Town of Whitby A. Allison, CAO R. Maciver, Municipal Solicitor M. Marano, Director of Corporate Services N. Taylor, Director of Finance/Treasurer 14

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30 SUMMARY OF ADVISORY COMMITTEE DECISIONS for JUNE 2018 Alternative formats available upon request by contacting: or ext HERITAGE ADVISORY COMMITTEE The following resolution was passed by the HERITAGE Advisory Committee at its meeting held June 6, Heritage Designation for 457 Kingston Road West (Quaker Meeting House) Moved By: Seconded By: B. Briggs A. Inglesi-Grossi That Ajax Council designate 457 Kingston Road West, the Quaker Meeting House, as a property of cultural value or interest under Section 29 (Part IV) of the Ontario Heritage Act. 4.7 Potential Heritage Designation: 625 Kingston Road West (Chapman House) CARRIED Moved By: Seconded By: B. Briggs A. Inglesi-Grossi That 625 Kingston Road West (the Chapman House) become a priority of the Heritage Advisory Committee to pursue future heritage designation under the Ontario Heritage Act, Section 29, if the forthcoming Heritage Impact Statement identifies that the property has heritage value under Ontario Regulation 9/ Heritage Impact Statement 522 Kingston Road West CARRIED Moved By: Seconded By: B. Briggs P. Brown That the Heritage Advisory Committee receive the February 20, 2018 draft heritage impact statement for 522 Kingston Road West, prepared by Golder and Associates. CARRIED Sarah Moore, Committee & Accessibility Coordinator 30

31 TOWN OF AJAX REPORT REPORT TO: SUBMITTED BY: PREPARED BY: SUBJECT: Council Susan Smallwood, MCIP, RPP Director, Planning & Development Services Geoff Romanowski, MCIP, RPP, CPT Manager of Planning Ontoro Boulevard / Range Road Regional Water Service Expansion WARD: 4 DATE OF MEETING: July 9, 2018 REFERENCES: ROD Report #2018-INFO-29 (March 26, 2018) ROD Report #2018-INFO-79 (May 18, 2018) Region of Durham Water Service Connection Policy RECOMMENDATION: 1. That this report be received for information. 1.0 PURPOSE: This report is the result of a notice of motion put forward at the May 22, 2018 meeting of Council. This motion was referred back to staff, so that staff could provide wording to be included in a revised motion to be put forward by Ajax Council with regard to this matter. This report also provides information on the matter of potentially expanding a regional water service into the Provincial Greenbelt within the Town of Ajax for the Ontoro Boulevard and Range Road area and outlines the measures by which such regional water service expansion could be put in place by the Region of Durham, as this is their service to provide. 2.0 BACKGROUND: The Ontoro Boulevard and Range Road area is located in the south eastern corner of the Town of Ajax. This area is rural in nature, is generally situated along the Lake Ontario waterfront, and is located immediately east of the Ajax Urban Boundary. Municipal sewer and water services terminate at the intersection of Ashbury Boulevard and Holie Drive within the Lakeside residential community (immediately west of the Ontoro Boulevard and Range Drive area). Approximately 35 residences are located in this area of the Town, all of which are located outside of the designated Ajax Urban Boundary (as designated by the Region of Durham Official Plan) and are within the Protected Countryside Area of the Provincial Greenbelt Plan. All dwellings are currently serviced by private wells and septic systems. 31

32 Subject: Ontoro Boulevard / Range Road Regional Water Service Expansion Page 2 Residents of this area have expressed concerns with regard to the quality of water within private wells and have engaged the Ministry of Environment and Climate Change (MOECC), the Ministry of Municipal Affairs (MMA), the Region of Durham, and the Town of Ajax over the course of several years to seek a resolution on the matter of water quality, with the goal of having a regional water service expanded into this area to provide a high quality and consistent water supply. The Region of Durham has prepared several reports over the course of the first half of 2018 regarding this matter and have set out a series of measures to be used in order to expand such a service into this area of Ajax, as guided by the MOECC, MMA, and other legislation and findings. 3.0 DISCUSSION: The matter of expanding a regional water service is under the jurisdiction of the Region of Durham. This matter has been reviewed by the various levels of government (provincial, regional, and local), the Region of Durham has identified issues that could support a potential expansion, the planning framework around an expansion of a regional water service into the Provincial Greenbelt has been reviewed in detail from a provincial, regional, and local perspective, and the obligations that would be passed onto the residents of the area have also been set out. This information will assist Ajax Council in crafting a motion as they see fit, to support the potential expansion of a regional water service into the Ontoro Boulevard and Range Road area. 3.1 MOECC/MMA Guidance Through the review of the request by Ontoro Boulevard and Range Road area residents to expand a regional water service to this area, the Region of Durham engaged the MOECC and MMA to seek guidance, as Section of the Greenbelt Plan indicates: The extension of municipal services or private communal sewage or water services outside of a settlement area boundary shall only be permitted in the case of health issues or to service existing uses and the expansion thereof adjacent to the settlement area. MMA responded back to the Region of Durham, noting that the Greenbelt Plan does not define or further clarify what constitutes a health issue in the context of of the Greenbelt Plan. However, direction was provided that the Region of Durham consult with their Health Department or Medical Officer of Health and determine if the current status of water quality and/or quantity constitutes a health issue in this area of the Town of Ajax. The position taken by the Region of Durham s Medical Officer of Health (based on the review of historical well water quality information reports and July 2017 MOECC water sample results) was that even though contaminants are present in the groundwater in this area of the Town, they can be removed by various treatment technologies, and the contaminants do not constitute a health issue. However, at the June 13, 2018 Regional Council Meeting, Durham Region Council declared that the water quality on Ontoro Boulevard and Range Road does constitute a health issue. As for considering an expansion on the basis of being adjacent to a settlement area, the Region came to the determination that the majority (33 of 35 residences) are between 400 metres to 800 metres from the Ajax Urban Boundary, which the Region would not consider to be adjacent to a settlement area. 32

33 Subject: Ontoro Boulevard / Range Road Regional Water Service Expansion Page Findings and Identified Issues Used to Expand a Regional Water Service There are several findings and identified issues that the Region of Durham can use to determine if the expansion of a regional water service is appropriate and to ensure that a undesirable precedent is not created. The first being the Jagger Hims Limited (2008) report for this area (as commissioned by the area residents), which concluded that: groundwater yields from the geological units in this area are typically low and in some cases are insufficient for domestic use; groundwater in this area does not comply with the Ontario Drinking Water Quality Standards (ODWQS) for several parameters and there are health concerns with the water; there is no known opportunity to deepen or relocate the wells to provide a suitable supply of raw groundwater in this area; and a municipal water supply is recommended for the properties in the Ontoro Boulevard and Range Road area subject to review by Regional staff. Secondly, in a letter to the MOECC and MMA dated March 13, 2018, the Region of Durham identified a number of issues with the existing water quality and quantity in the Ontoro Boulevard and Range Road area of the Town of Ajax. The Region identified that: the area residents are on private services and have experienced significant water quality and quantity issues for many years; based on the hydro-geotechnical characteristics of this area there are limited options for the residents to rectify their private wells (which continue to experience serious water quality and quantity problems); new wells cannot be drilled to resolve this issue; and treatment options (although available) still do not produce water that is usable for day-today activities. With this information, being the findings of the Jagger Hims Limited (2008) report and the identified issues presented to the MOECC and MMA, Regional Council declared the water in the Ontoro Boulevard and Range Road area to be a health issue. Therefore, the findings of the Jagger Hims Limited (2008) report and the issues identified by the Region of Durham, the Region would appear to have the necessary information to determine if an expansion of a regional water service outside of an Urban Boundary Area is appropriate. 3.3 Process for Expansion of a Regional Water Service In addition to the findings and identified issues outlined in Section 3.2 above, there are other processes that must be carried out prior to a regional water service being expanded. Firstly, the expansion of such a service would be subject to a Schedule A Municipal Class Environmental Assessment and may proceed subject to obtaining the necessary approvals and completing the detailed design process. The Town of Ajax would be party to this approval process as such a service would need to be located within right-of-ways owned by the Town, being Ontoro Boulevard and Range Road. 33

34 Subject: Ontoro Boulevard / Range Road Regional Water Service Expansion Page 4 A Municipal Class Environmental Assessment applies to municipal infrastructure projects including roads, water and wastewater projects. Since projects undertaken by municipalities can vary in their environmental impact, such projects are classified in the Class EA in terms of schedules. For a project of this nature, it falls within Schedule A. A Schedule A project generally includes normal or emergency operation and maintenance activities. Projects under this schedule have minimal effects on the environment and are considered to be pre-approved projects by the Ministry of the Environment and Climate Change (MOECC). To be specific, under Schedule A, this project would be considered to be a water project and it would have to follow the legislated requirements of Ontario Regulation 586/06 (formerly the Local Improvements Act). Secondly, in order to proceed with the necessary work to expand a regional water service into this area, it would need to be supported by a request from the existing property owners in the form of a local improvement valid petition and accompanied by a resolution from the Town of Ajax Council to support the project. This petition, as per the Municipal Act (O.Reg. 586/06), would be required and would need to be supported by two-thirds (67%) of the property owners, representing 50% of the property value of the benefiting lands and these results are to be certified by the Regional Clerk. The expansion of a regional water service to this area is estimated to cost approximately $2 million dollars and this cost is to be borne entirely by the property owners who will receive the service. Furthermore, the Region has indicated, that this work is not on their work program, so funding for a capital project of this nature has not been approved or planned for. The implications of this is that the residents/land owners of this area will be required to cover the costs of the service if it was to be installed. Regional Council have directed regional staff to explore any potential grants or financing options for the project. 3.4 Policy Controls & Zoning for lands outside of an Urban Area Boundary The Greenbelt Plan designates this area of the Town of Ajax as Protected Countryside and indicates that Policy of the Growth Plan (2017) applies to developed shoreline areas within the Protected Countryside of the Greenbelt. Policy of the Growth Plan indicates that infill development, redevelopment, and resort development is permitted subject to municipal planning requirements (designations and zoning) and specific criteria in the Growth Plan. The Region of Durham Official Plan, designates this area of the Town of Ajax as Waterfront Areas. The Regional Official Plan states that, for Waterfront Areas falling within the Greenbelt Protected Countryside, Shoreline Areas of the Greenbelt Plan shall apply. The Greenbelt Plan indicates that Policy of the Growth Plan (2017) applies to developed shoreline areas within the Protected Countryside of the Greenbelt. Within the Town of Ajax Official Plan, the Ontoro Boulevard / Range Road area is predominantly designated as Rural Area, with portions designated as Environmental Protection and Open Space. The Rural Area policies in the Official Plan permit existing and new agricultural uses, normal farm practices and a full range of agricultural, agriculture-related and secondary uses, and a range of recreational uses and single detached dwellings on existing lots of record. The Rural Area policies prohibit the creation of new lots. Therefore, infill development or redevelopment 34

35 Subject: Ontoro Boulevard / Range Road Regional Water Service Expansion Page 5 would not be possible, even with the expansion of a regional water service, as there are lot creation limitations within this area of the Town. The Ontoro Boulevard and Range Road area is zoned as Protected Countryside (PC) and Country Residential (CR). In addition to agricultural uses and agriculture-related/on-farm diversified uses (i.e. bed and breakfast establishment, produce sales outlet), the PC Zone permits a detached dwelling on lots that have been in existence since December 26, The CR Zone permits a detached dwelling, accessory apartment, bed and breakfast establishment (in a detached dwelling only), home based business, and a lodging house. As such, residential development is limited to single detached dwellings. 3.5 Issue of Precedent Concerns have been raised as to whether the provision of a regional water service would set a precedent without controls for other rural (Greenbelt Plan) areas within the Town of Ajax. As set out in this report there are certain controls in place to guide such a process and these controls provide suitable guidance for the provision of a regional water service to rural (Greenbelt Plan) areas. These controls include: legislated policy set out in the various provincial documents (Greenbelt Plan and Growth Plan) that would come into play to protect the rural character of the rural (Greenbelt Plan) area of Ajax; a set of identified issues which support the request for a regional water service expansion and can function as a set of measures for any future requests of a similar nature (March 13, 2018 Region of Durham Letter to MOECC & MMA); Region of Durham and Town of Ajax official plan policies that prohibit lot creation for residential purposes, which further preserves the rural goals and objectives; a Municipal Class Environmental Assessment process and the Municipal Act (O.Reg. 586/06) petition process set out further measures, which would allow for comments on the design and solicit affected resident by-in prior to such a service being installed; and the Town of Ajax Zoning By-law ( , as amended) also restricts the permitted uses on such lands to rural land uses that maintain the character of the area. These controls would protect these rural (Greenbelt Plan) areas as rural and only through a process similar to the process that the Ontoro Boulevard and Range Road area is going through would a regional water service be considered appropriate. 4.0 FINANCIAL IMPLICATIONS: There are no financial implications as a result of the information within this report as the Region of Durham is solely responsible of the provision of water services. The residents of this area, based on Region of Durham practices and the fact that this project has not been planned for or budgeted, will be required to cover the costs of this service if it was to be installed, but there may be the possibility for grants or other financing options as per Regional Council s directive. The Region of Durham recovers costs through frontage and connection charges and based on actual project costs. To-date the Region of Durham has not paid for a regional water service that was not included within the Regional Capital Budget. 35

36 Subject: Ontoro Boulevard / Range Road Regional Water Service Expansion Page SUGGESTED REVISED MOTION: Based on the information provided in the original motion, the reports prepared by the Region of Durham on this matter, the Region s correspondences with the MOECC and MMA, and Regional Council s most recent ratified resolution of June 13, 2018, which in general: declared that the water quality on Ontoro Boulevard and Range Road constitutes a health issue; directed Regional staff to start the petition process for water supply on Range Road and Ontoro Boulevard; directed Regional staff to organize an information session with residents to explain the process for the watermain extension and petition; and directed Regional staff to explore any potential grants and financing options for the project. Should Town of Ajax Council decide to support the expansion of a regional water service into the rural (Greenbelt Plan) area of the Town of Ajax in the Ontoro Boulevard and Range Road area, the Ajax Planning and Development Services Department suggests that the following wording be included in a motion: That Ajax Council confirms to the Region of Durham that it supports the expansion of a regional water service outside of the Ajax Urban Boundary into the Ontoro Boulevard and Range Road area on the basis that: the area residents have experienced significant water quality and quantity issues for years; the hydro-geotechnical characteristics of this area provide limited options for the residents to rectify their private wells; new wells cannot be drilled to resolve this issue; treatment options still do not produce water that is usable for day-to-day activities; and the regional water service expansion complies with all relevant Provincial legislation and is supported/permitted by the Region of Durham. That Ajax Council grants the Region of Durham access over the Ontoro Boulevard and Range Road right-of-ways for the purposes of installation of a regional water service, if deemed necessary. That Ajax Council supports the direction to have Regional staff explore any potential grants and financing options for this project. That this resolution be distributed to the Ministry of the Environment and Climate Change (MOECC), Ministry of Municipal Affairs (MMA), and the Region of Durham. 6.0 CONCLUSION: This report sets out the continued expression and acknowledged concern related to the private well water quality and quantity experienced by the existing properties within the Ontoro Boulevard and Range Road area of the Town of Ajax, and the fact that Regional Council has declared the water in the Ontoro Boulevard and Range Road area to be a health issue. It outlines the land use controls in place for the Ontoro Boulevard and Range Road area, as well as the applicable 36

37 Subject: Ontoro Boulevard / Range Road Regional Water Service Expansion Page 7 legislation, the findings of the Jagger Hims Limited (2008) report, and the identified issues expressed to the MOECC and MMA, within the Region s March 13, 2018 letter. ATTACHMENTS: ATT 1 Deferred Motion by Regional Councillor Collier ATT 2 March 13, 2018 Region of Durham Letter to MOECC and MMA Geoff Romanowski, MCIP, RPP, CPT Manager of Planning Susan Smallwood, MCIP, RPP Director, Planning & Development Services 37

38 Subject: Ontoro Boulevard / Range Road Regional Water Service Expansion Page 8 ATT 1 - Deferred Motion by Regional Councillor Collier The Corporation of the Town of Ajax May 22, 2018 Motion Introduced by: Regional Councillor S. Collier WHEREAS Every Canadian should have access to safe, clean drinking water, and181 of the 193 countries in the United Nations support a human right to live in a healthy environment which includes access to clean, safe drinking water-canada is not one of these countries;1 AND WHEREAS Canada lacks a national water law and rigorous, enforceable water quality standards, instead relying on an uneven patchwork of provincial water policies to protect drinking water, meaning that from coast to coast to coast, our drinking water is not equally protected; AND WHEREAS the responsibility for making sure drinking water supplies are safe is shared between the provincial, territorial, federal and municipal governments; the day-to-day responsibility of providing safe drinking water to the public generally rests with the provinces and territories, while municipalities usually oversee the day to day operations of the treatment facilities; AND WHEREAS Health Canada works with the provincial and territorial governments to develop guidelines that set out the maximum acceptable concentrations of these substances in drinking water, and the guidelines set out the basic parameters that every water system should strive to achieve to provide the cleanest, safest and most reliable drinking water possible; AND WHEREAS the guidelines for some contaminants, like E.coli which indicates the presence of microbiological pathogens, are very clear and should never be exceeded because people will become sick soon after drinking contaminated water and others, like many of the chemical guidelines, are based on the best available science and give a good indication of health effects that might be seen in some people if we consume high amounts of the chemical in drinking water over a period of decades; aesthetic quality guidelines address parameters which may affect consumer acceptance of drinking water, such as taste, odour and colour; AND WHEREAS the neighbourhood of Range Road/Ontoro Boulevard is situated outside of the Ajax Urban Area. Further, the subject area is within the Provincial Greenbelt Plan Area. Both the Provincial Greenbelt Plan and the Regional Official Plan restrict the extension of municipal services outside of an Urban Area Boundary, unless it is determined by the Medical Officer of Health that such extension of services is necessary to address a serious health concern; AND WHEREAS on July 5, 2017, staff from the Ministry of the Environment and Climate Change (MOECC) collected water samples from 22 properties on Range Road and Ontoro Boulevard. The MOECC sampling program found that 20 out of 22 properties had water quality exceedances of the Ontario Drinking Water Standards, Objectives, and Guidelines (ODWSOG);2 AND WHEREAS on March 7, 2018 Report #2018-INFO-29 of the Region of Durham s Commissioner of Works and Anna Marples correspondence was referred to the Region s Works 1 Ecojustice Apr 21, Report #2018-INFO-29 38

39 Subject: Ontoro Boulevard / Range Road Regional Water Service Expansion Page 9 staff to allow staff to seek guidance from the Province as to the provision of municipal water to the residents in the Range Road/Ontoro Boulevard area and that staff report back by May on potential options once guidance from the Province has been received; NOW THEREFORE be it resolved: 1. That Ajax Council confirms to the Region of Durham that it supports the extension of municipal services outside of an Urban Area Boundary into the neighbourhood of Range Road/Ontoro Boulevard. 2. That this resolution be distributed to the Ministry of the Environment and Climate Change (MOECC), other Durham Region municipalities and the Region of Durham. 39

40 Subject: Ontoro Boulevard / Range Road Regional Water Service Expansion Page 10 ATT 2 March 13, 2018 Region of Durham Letter to MOECC and MMA 40

41 Subject: Ontoro Boulevard / Range Road Regional Water Service Expansion Page 11 41

42 Subject: Ontoro Boulevard / Range Road Regional Water Service Expansion Page 12 42

43 Regional Councillor Report Submitted by: Colleen Jordan, Regional Councillor Wards 3 & 4 Date: July 9, 2018 Regional Council June 13, 2018 Range Rd/Ontoro Boulevard Water A report to Committee of the Whole provided background and updates on the extension of water services to the Range Road/Ontoro Blvd area. These lands are within the Greenbelt area which does not allow municipal water extensions into the area unless there is a health risk in not doing so. After reviewing sampling reports, Durham s Medical Officer of Health is of the opinion that the bar for declaring a health issue has not been met. A report commissioned by the residents conducted by Jagger Hims 2008 states that the treatment of existing groundwater has been tried and is challenging due to existing natural occurring water quality and quantity conditions in the Range Rd/Ontoro Blvd area. The Region s report states that current residents who will benefit from the extension of municipal water services should bear the full cost. To initiate the process a Local Improvement Petition should be signed by at least 67% of the owners representing 50% of the property value of benefitting lands. The following motion was endorsed by Durham Regional Council to initiate the process to provide water to residents on Ontoro Blvd. That Information Report #2018-INFO-79 of the Commissioner of Works be received for information; and That Regional Council declare the water quality on Ontoro Boulevard and Range Road constitutes a health issue. That staff be directed to start the petition process for water supply on Range Road and Ontoro Boulevard; That concurrence be obtained from the Town of Ajax related to the extension of the watermain located on the Town's right-of-way; That staff be directed to organize an information session with residents to explain the process for the watermain extension and petition; That staff be directed to explore any potential grants and financing options for the project; and That a copy of Information Report #2018-INFO-79 and this resolution be forwarded to the Town of Ajax. 43

44 Update on the Status of the Transition to Full Extended Producer Responsibility for the Blue Box Program and Impacts of China s National Sword Campaign on the Blue Box Program A report was provided to COW that gave information on the transition to extended producer responsibility. Once this program is in place, producers will be 100% responsible for the costs and operations of the blue box program. Currently, the Region pays for 50% of the costs and bears 100% of the risks of not finding end markets for materials. Recently, China enacted a strict regulation only accepting materials that have a.5% contamination rate or less and they will not accept many classes of materials such as plastics and mixed paper for recycling. As most of the Region s end markets are in North America except for newsprint and mixed paper, they are the only commodities being impacted at this time. The market price for mixed paper has dropped significantly. Durham Region may need to pay their existing and limited end markets to take this material in the very near future as other municipalities such as the City of Toronto and Peel and York Regions are now paying a fee to manage these materials, including a clean-up fee. Durham endorsed the following motion; That, despite the ongoing end market challenges with commodities collected through the Region s waste diversion programs, and the reduced revenues from these commodities, in recognition that similar market downturns have occurred in the past, and to preserve the integrity and success of the Region s diversion programs, Regional staff be directed to continue to make every effort to ensure all commodities collected for diversion continue to be sent to end markets for reuse and that no materials collected for diversion be sent to landfill unless there are no other end market options for the material. Request for Information #RFI for Mixed Waste Transfer and Pre-sorting, Organics Processing, and Beneficial Use of By-Products/End Products The following motion was approved by Regional Council in response to the Province s move toward banning organics, and the need for expansion of the incinerator if the Region does not pursue a more aggressive approach to reach their goal of a 70% diversion rate. Currently, the Region is at a diversion rate of about 55%. That Anerobic Digestion be approved as the preferred technologies for the Regional Municipality of Durham's long-term organics management strategy; That the development of a Phased Project Implementation Plan be authorized in order to consider the merits of a first phase with a transfer station capable of accommodating pre-sort capabilities; That future business analysis of a mixed waste pre-sort, and organics processing service delivery approach for a potential long-term organics management solution, be limited to either i) a private sector service contract or ii) a design-build-operate and maintain public-private partnership (P3) contract; 44

45 That staff be directed to explore options, including confidential non-binding and procedurally fair discussions with interested partners including Request for Information respondents, regarding partnerships, joint ventures, public-private partnership, co-ownership, or other forms of participation in order to bring available market and other financial information forward for consideration by Regional Council regarding a potential relationship as part of the long term Organics Management Strategy, and more specifically an anaerobic digestion facility; That an investigation of the benefits from Regional use of the potential energy and other byproducts and environmental attributes be undertaken and compared to those benefits that may be realized through potential business partnerships; That the following additional technical and financial consulting, assistance and advisory services be retained to assist with continuing due diligence efforts, organics management project scope and characterization, and Regional Council reporting/recommendations with funding from the previously approved Organics Management Project funding: The award of the next phase of the GHD contract, at a cost not to exceed $100,000; Financial and business advisory services at a cost not to exceed $75,000; External legal advice at a cost not to exceed $65,000; That staff proceed with the procurement of an interim five-year solution to ensure continuous organics processing services for the Regional Municipality of Durham, with contract extensions and/or processing service expansion options which will ensure adequate flexibility for the transition to a new long-term Organics Management Strategy; That staff be authorized to apply for the maximum available additional funding under the Green Municipal Fund Program ($175,000 was received to date to offset study costs) in order to offset costs of recommended additional consulting study noted in Recommendation E), and, to continue to explore other grant funding opportunities; and That Regional staff initiate a process in 2018 to review the opportunity to improve source separation at Regional Facilities and where practical consolidate all waste management services to ensure that the Region provides consistent recycling and other waste diversion services to these locations which are comparable to the residential waste management program; and That Durham Regional staff engage with local municipal staff to investigate potential savings for transitioning waste services at local municipal facilities to the full suite of the Regional waste management program services on a full cost recovery basis and that staff report back in the 2019 Servicing and Financing Study Report on this initiative. The results of these actions will produce the information for a business case which will be brought to the new Council in Durham Hospice Durham Hospice and VON Durham Community Corporation formed a partnership to launch a campaign to raise $15 million towards the construction of two new residential hospices in Durham. A hospice provides end of life care to residents and families in a supportive 45

46 environment. The plan is to have a 10 bed facility in Whitby and a five bed facility in Whitby. Clarington and Whitby have donated land for the facility. The provincial government expects that 80% of the funding comes from the community. The funding request from VON Durham Community Corporation for the construction of a ten bed hospice in the Town of Whitby was approved at a maximum of $569,250 and funding for the construction of a five bed hospice in the Municipality of Clarington was approved to a maximum of $265,650 to be allocated from the Region's Hospital Reserve Fund. 46

47 THE CORPORATION OF THE TOWN OF AJAX BY-LAW NUMBER A By-law to amend By-law Number , as amended. WHEREAS, authority is granted under Sections 34 and 36 of the Planning Act, R.S.O.1990, c. P.13, as amended, for Council to pass this By-law: AND WHEREAS, the Council of the Corporation of the Town of Ajax enacted on May 16, 2016 Zoing By-law No rezoning certain lands identified on Schedule A attached to this Bylaw, legally described as BLOCK 161, 40M-2390, and imposed a Holding (H) Provision thereon the subejct lands (BLOCK 161, 40M-2390 and lands on the east side of Salem Road, north of the CPR tracks and south of Taunton Road, legally known as BLOCKS Inclusive on 40M-2491; AND WHEREAS Council of the Town of Ajax is satisfied that the conditions relating to the removal of the Holding (H) Provision set out in Zoning By-law No , as amended, have now been satisfied in their entirety for the subject lands, as indicated on Schedule B attached to this Bylaw and Council has given notice of its intention to remove the Holding (H) Provision thereon; NOW THEREFORE, the Council of the Corporation of the Town of Ajax hereby enacts as follows: 1. THAT the Zone Schedules, specifically Maps 18, attached to and forming part of Zoning By-law No , as amended, are hereby further amended by rezoning portions of the subject lands from Residential One D Zone, Holding (H) Provision (R1-D(H)) to Residential One D Zone ( R1-D ), as indicated on Schedule B of this By-law. 2. THAT Exception 134, listed under Section List of Exceptions, of By-law No , as amended, is hereby amended as follows: i) By deleting the Holding (H) Symbol which follows the R1-D zone codes within the Zoning reference header, such that is appears as follows R1-D, ii) By-adding By-law No in the By-law reference header, such that it appears after an in conjunction with , THAT the Holding (H) Provisions pertaining to the property described as North Part Lot 6, Concession 3 and Block 161, Plan 40M-2390 and Lands on the east side of Salem Road, north of the CPR tracks and south of Taunton Road, listed under Section 8.1.1, List of Holding Provisions, of Zoning By-law No , as amended: i) By deleting in its entirety, the holding provision referenced under the Property Description as North Part Lot 6, Concession 3 and Block 161, Plan 40M-2390, Lands on the east side of Salem Road, north of the CPR tracks and south of Taunton Road 4. THAT Zoning By-law , as amended, be hereby further amended only to the extent necessary to give effect to the provisions of this By-law. READ a first time and second time this Ninth day of July, READ a third time and passed this Ninth day of July, Mayor D-Clerk 47

48 Schedule A to By-law No Location Map Subject Lands 48

49 Schedule B to By-law No Removal of Holding (H) Provisions from Subject Lands 49

50 Explanatory Note to By-law No The purpose of this By-law is to remove Holding (H) Provisions from the subject lands to enable the development of eight lots. The conditions for the removal of the Holding Provisions are: Holding (H) Provisions That the eight part lots are merged with Part Blocks 89 through to 96 on Draft Plan of Subdivision S-A to create 8 fully developable lots under the R1-D Zone (Exception 134). That the applicant complete the following studies and reports to the satisfaction of the Town of Ajax and Region of Durham: i) Site Screening Questionnaire ii) Noise Impact Study Clearance of Holding (H) Provisions The applicant will not be merging the part blocks with the part lots, for legal reasons. The Town of Ajax Solicitor has advised Town Staff and the applicant that the development of the 8 lots can be facilitated through a Minor Variance Application. i) May 3, 2018 ii) June 28, 2018 The conditions for removal of the Holding (H) Provisions have been satisfactorily addressed. 50

51 THE CORPORATION OF THE TOWN OF AJAX BY-LAW NUMBER A By-law to designate certain lands as not being subject to Part Lot Control. [PLC3/16: MOUNTCLIFFE DEVELOPMENTS INC; Block 161 on Registered Plan 40M-2390]. WHEREAS, MOUNTCLIFFE DEVELOPMENTS INC, has requested relief from the provisions of Section 50(5) of the Planning Act, R.S.O. 1990, as amended, with respect to Part Lot Control for certain lands; WHEREAS, By-law has been repealed and replaced with this By-law to provide an extension of time under Section 50 (7.4) of the Planning Act, R.S.O.1990, as amended; AND WHEREAS Council is authorized to pass this By-law under Section 50(7) of the Planning Act, R.S.O. 1990, as amended; AND WHEREAS Council deems it expedient to pass this By-law granting relief from Part Lot Control with reference to the subject lands; NOW THEREFORE The Council of the Corporation of the Town of Ajax enacts as follows: 1. That Subsection 5 of Section 50 of the Planning Act, R.S.O shall be deemed not to apply to the following lands within a Registered Plan of subdivision registered in the office of Land Titles at Whitby in the Region of Durham: Block 161 on PLAN 40M This by-law shall be in force and effect for a period of two (2) years, ending August 10, READ a first time and second time this Ninth day of July, READ a third time and passed this Nineth day of July, Mayor D-Clerk 51

52 PLC3/16: MOUNTCLIFFE DEVELOPMENTS INC Block 161 on PLAN 40M

53 THE CORPORATION OF THE TOWN OF AJAX BY-LAW NUMBER A By-law to amend By-law Number , as amended. WHEREAS, authority is granted under Section 34 of the Planning Act, R. S. O., 1990, c. P. 13 for Council to pass this By-law; AND WHEREAS the Council of The Corporation of the Town of Ajax has approved an application to amend Zoning By-law Number , as amended (Z9/16), with respect to the subject lands, identified on Schedule A to this By-law; AND WHEREAS, the Council of the Town of Ajax deems it appropriate to pass an implementing Zoning By-law pursuant to application Z9/16, to regulate the development of the subject lands; NOW THEREFORE, the Council of The Corporation of the Town of Ajax enacts as follows: 1. THAT the Zoning Schedule, specifically Map 25, attached to and forming part of By-law No , as amended, is hereby amended by rezoning a portion of those lands on the northwest corner of Salem Road North and Kerrison Drive East from Prestige Employment, with Exception 66 [PE, with Exception 66] to Environmental Protection [EP], and to Prestige Employment/Automobile Commercial, Holding Provision, with Exception 196 [PE/AC(H), with Exception 196], and to Prestige Employment, Holding Provision, with Exception 196 [PE(H), with Exception 196] as outlined on Schedule B attached hereto. 2. THAT the Exception Schedule, specifically Map 25, attached to and forming part of By-law , as amended, is hereby amended to remove the subject lands from Exception 66 and to add a new exception, being Exception 196, to the delineated boundary over the lands shown on Schedule C attached hereto. 3. THAT Section 7.1.1, List of Exceptions, of By-law No , as amended, is hereby further amended by adding the following new exception as follows: Exception Zoning Map By-law File Reference 196 PE (H) & PE/AC (H) Z9/16 i) Location: Northwest corner of Salem Road North and Kerrison Drive East ii) iii) iv) v) vi) Legal Description: PART LOT 6, CONCESSION 2 AND PART ROAD ALLOWANCE BETWEEN LOTS 6 AND 7, CONCESSION 2 (CLOSED BY BY-LAW NO. 800 AS IN P122182), GEOGRAPHIC TOWNSHIP OF PICKERING, PART 1 PLAN 40R27854 TOWN OF AJAX Permitted Uses in the AC zone: a motor vehicle gas bar, a convenience store and motor vehicle washing establishment (automatic), as accessory uses to a motor vehicle gas bar. Prohibited Uses in the AC zone: drive-thru facility and motor vehicle service centre. Notwithstanding Section of Zoning By-law , as amended, the following uses are also permitted in the PE zone: convention centres, research and development, and stormwater management facilities. Other Permitted Uses and Prohibitions in the PE zone: a) For those lots or blocks that do not abut Salem Road and/or Rossland Road, any GE Zone use, as described in Section may be permitted. 53

54 vii) b) Outside storage shall not be permitted in any yard facing Salem Road and/or Rossland Road. Outdoor storage shall otherwise be permitted in accordance with Section Additional Development Standards in the PE zone: a) Minimum Lot Area: 0.2 hectares viii) b) Minimum Interior Side Yard: 3.5 metres Notwithstanding Section of Zoning By-law , as amended, the following development standards shall also apply to the AC zone for Service Stations and Associated Ancillary Uses: Where an automobile washing facility is proposed: a) Minimum Net Site Area: 0.60 hectares Where an automobile washing facility is not proposed: a) Minimum Net Site Area: 0.30 hectares Maximum Net Site Area with or without an automobile washing facility: 0.68 hectares. Except as amended herein, all other provisions of this By-law, as amended, shall apply. 4. By-law Number , as amended, is hereby further amended by adding the following to Section (Holding Provisions, Temporary Use Zones, and Interim Control Zones): By-law No. Property Description Permitted Use Until Holding Provision Removed Conditions for Removal Dated Enacted Northwest Corner of Salem Road North and Kerrison Drive East, legally described as Part of Lot, Concession 2 and Part Road Allowance Between Lots 6 and 7, Concession 2 (Closed by Bylaw No. 800 as in P122182), Geographic Township of Pickering, Part 1 Plan 40R27854 Town of Ajax Prestige Employment/ Automobile Commercial Zone, Holding Provision, with Exception 196 PE/AC(H), with Exception 196: that the Owner/Applicant enter into a development agreement with the Town of Ajax; and that the Owner/Applicant convey the 0.37 hectares of environmentally protected lands to the Town of Ajax. 54

55 By-law , as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law. READ a first and second time this Ninth day of July, READ a third time and passed this Ninth day of July, Mayor D-Clerk 55

56 Schedule A to By-law Number

57 Schedule B to By-law Number

58 Schedule C to By-law Number

59 Explanatory Note to By-law Number This by-law rezones a portion of the subject lands at the northwest corner of Salem Road North and Kerrison Drive East from Prestige Employment (PE) Zone, Exception 66 to Environmental Protection (EP) Zone, Prestige Employment/Automobile Commercial, Holding Provision, [PE/AC(H)] Zone, Exception 196, and to Prestige Employment, Holding Provision, [PE(H)] Zone, Exception 196. This amendment serves to enable the clearance of a condition of draft approval of the Guthrie Subdivision and to introduce permissions for a motor vehicle gas bar, a convenience store and a motor vehicle washing establishment (automatic), as accessory uses to a motor vehicle gas bar, in order to facilitate the future development of the subject lands. 59

60 THE CORPORATION OF THE TOWN OF AJAX BY-LAW NUMBER A By-law to assume the works and services on Registered Plan 40M-2345 (S-A ) except Pond Block 136. (John Boddy Developments- Boddy Homes Phase 2B Subdivision) WHEREAS under the terms of the Subdivision Agreement dated January 30 th, 2005 between the Corporation of the Town of Ajax and John Boddy Developments Limited, and upon issuance of the Town s Final Acceptance certificate, the Town shall assume the works and services referred to in the said certificate; NOW THEREFORE the Council of the Corporation of the Town of Ajax enacts as follows: 1. That the Corporation of the Town of Ajax hereby assumes the works and services in Registered Plan 40M READ a first and second time this Ninth day of July, READ a third time and passed this Ninth day of July, Mayor D-Clerk 60

61 Ravenscroft Road 40M-2345 (S-A ) JOHN BODDY RAVENSCROFT SUBD. PHASE 2b (EXCEPT POND BLOCK 136) OWNER: JOHN BODDY DEVELOPMENTS LTD. AGREEMENT DATE: September 30, 2005 Stammers Drive Atherton Avenue Winterton Way Williamson Drive W Driscoll Drive Searell Avenue Pond Block 136 Selby Drive Napiermews Drive Assumption of Subdivisions Appendix 'A' Meters Jonesridge Drive 61 Sources: Orthophotography provided by the Regional Municipality of Durham. Ownership Parcels Teranet Enterprises Inc., and its suppliers. All rights reserved. Not a Plan of Survey. Assessment Parcels MPAC. Single Line Road Network Regional Municipality of Durham. Other Sources: First Base Solutions, 2010 & Town of Ajax, 2011.

62 THE CORPORATION OF THE TOWN OF AJAX BY-LAW NUMBER A By-law to assume the works and services on Registered Plan 40M-2282 (18T-98014). (Medallion Developments Ltd. - Castlefields Subdivision Phase 3) WHEREAS under the terms of the Subdivision Agreement dated September 30th, 2005 between the Corporation of the Town of Ajax and Medallion Developments (Castlefields) Limited, and upon issuance of the Town s Final Acceptance certificate, the Town shall assume the works and services referred to in the said certificate; NOW THEREFORE the Council of the Corporation of the Town of Ajax enacts as follows: 1. That the Corporation of the Town of Ajax hereby assumes the works and services in Registered Plan 40M READ a first and second time this Ninth day of July, READ a third time and passed this Ninth day of July, Mayor D-Clerk 62

63 Rushworth Drive Darlet Avenue Cater Avenue Abraham Court Hilton Gate Hollier Drive Snowling Drive Arfield Avenue Brider Crescent 40M-2282 (18T-98014) CASTLEFIELDS SUBD. PHASE 3 OWNER: MEDALLION DEV. Ltd. AGREEMENT DATE: September 30, 2005 Shepstone Drive Bellotti Crescent Brice Drive Solway Crescent Salvage Street Carberry Crescent Thorogood Street Mansbridge Crescent Styles Crescent Durling Rock Street Brackenridge Street Rossland Road E Lloydminster Avenue Allum Lane Buttle Lane Boylett Road Barnham Street Assumption of Subdivisions Appendix 'B' Buttle Gate East Meters Heany Gate 63 Chaston Road Clowes Street Pendrill Way Sources: Orthophotography provided by the Regional Municipality of Durham. Ownership Parcels Teranet Enterprises Inc., and its suppliers. All rights reserved. Not a Plan of Survey. Assessment Parcels MPAC. Single Line Road Network Regional Municipality of Durham. Other Sources: First Base Solutions, 2010 & Town of Ajax, 2011.

64 THE CORPORATION OF THE TOWN OF AJAX BY-LAW NUMBER A By-law to assume the works and services on Registered Plan 40M-2347 (18T-98016). (Hampstock Subdivision Phase 4, Pond Block 186 only) WHEREAS under the terms of the Subdivision Agreement dated June 30 th, 2006 between the Corporation of the Town of Ajax and Hampstock Development Inc. and Aurafields Development Inc., and upon issuance of the Town s Final Acceptance certificate, the Town shall assume the works and services referred to in the said certificate; NOW THEREFORE the Council of the Corporation of the Town of Ajax enacts as follows: 1. That the Corporation of the Town of Ajax hereby assumes the works and services in Registered Plan 40M READ a first and second time this Ninth day of July, READ a third time and passed this Ninth day of July, Mayor D-Clerk 64

65 Reevesmere Lane Snowling Drive Darlet Avenue Cater Avenue Taunton Road E Booker Drive Watersplace Avenue Elliottglen Drive Eyreglen Court Muscat Crescent Staines Avenue Fenton Street Warner Drive Williamson Drive E Gillett Drive Tansley Crescent Gamble Drive Portelli Crescent Burtonbury Lane Good Lane Oswell Drive Oswell Drive Weld Drive Halliday Street Bissland Drive Dolby Crescent 40M-2347 (18T-98016) HAMPSTOCK SUBD. PHASE 4 (POND BLOCK 186 ONLY) OWNER: HAMPSTOCK DEV. Inc. and AURAFIELDS DEV. Inc. AGREEMENT DATE: June 30, 2006 Cree Drive Leggett Drive Rushbrooke Way Seward Crescent Brandwood Square Garrardview Street Hunwicks Crescent Westray Crescent Sewell Crescent Elston Avenue Whitbread Crescent Hearson Street Bidgood Drive Draycott Avenue Shapland Crescent Luce Drive Assumption of Subdivisions Appendix 'C' Meters Arfield Avenue Bignell Crescent 65 Sources: Orthophotography provided by the Regional Municipality of Durham. Ownership Parcels Teranet Enterprises Inc., and its suppliers. All rights reserved. Not a Plan of Survey. Assessment Parcels MPAC. Single Line Road Network Regional Municipality of Durham. Other Sources: First Base Solutions, 2010 & Town of Ajax, 2011.

66 THE CORPORATION OF THE TOWN OF AJAX BY-LAW NUMBER A By-law to authorize the Regional Municipality of Durham ( the Region ) to issue debentures in the estimated principal amount of $9,000,000 as partial financing for the construction of the Central Library/ Phase 2 Audley Recreation Centre and to forward a written request to the Region to do so. WHEREAS Section 401(1) of the Municipal Act 2001, provides in part that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; AND WHEREAS THE Council of The Corporation of the Town of Ajax (the Municipality ) approved Construction of a New Central Library and Phase 2 of the Audley Recreation Centre (the Project ) at its meeting of November 20, AND WHEREAS prior to the Council of the Municipality authorizing the project, the Director of Finance/Treasurer updated the Municipality s annual debt and financial obligation limit received from the Ministry of Municipal Affairs and Housing and determined that this limit had not been exceeded, and therefore Ontario Municipal Board Approval was not required; NOW THEREFORE, Be It Enacted and It is Enacted as a By-law of The Corporation of the Town of Ajax as follows: 1. That debentures in the estimated principal amount of $9,000,000 be issued by the Region over a period of fifteen (15) years for the purpose of the Project; 2. That a written request be submitted to the Region to issue the aforesaid debentures and this by-law shall constitute such written request; 3. That the money required to repay the principal and interest obligation in respect of the debentures be raised by a tax levy on the ratepayers in accordance with the Municipal Act 2001 to the extent that the required amounts have not been provided for by any other taxes or by fees or charges (including, without limitation, future development charges) imposed on persons or property by a by-law of any municipality. READ a first and second time this Ninth day of July, READ a third time and passed this Ninth day of July, 2018 Mayor D-Clerk 66

67 THE CORPORATION OF THE TOWN OF AJAX BY-LAW NUMBER A By-law to authorize the Regional Municipality of Durham ( the Region ) to issue debentures in the principal amount of $3,000,000 as partial financing for the construction of the Central Library/Phase 2 Audley Recreation Centre and to forward a written request to the Region to do so. WHEREAS Section 401(1) of the Municipal Act 2001, provides in part that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way; AND WHEREAS THE Council of The Corporation of the Town of Ajax (the Municipality ) approved Construction of a New Central Library and Phase 2 of the Audley Recreation Centre (the Project ) at its meeting of November 20, AND WHEREAS prior to the Council of the Municipality authorizing the project, the Director of Finance/Treasurer updated the Municipality s annual debt and financial obligation limit received from the Ministry of Municipal Affairs and Housing and determined that this limit had not been exceeded, and therefore Ontario Municipal Board Approval was not required; NOW THEREFORE, Be It Enacted and It is Enacted as a By-law of The Corporation of the Town of Ajax as follows: 1. That debentures in the principal amount of $3,000,000 be issued by the Region over a period of fifteen (15) years for the purpose of the Project; 2. That a written request be submitted to the Region to issue the aforesaid debentures and this by-law shall constitute such written request; 3. That the money required to repay the principal and interest obligation in respect of the debentures be raised by a tax levy on the ratepayers in accordance with the Municipal Act 2001 to the extent that the required amounts have not been provided for by any other taxes or by fees or charges (including, without limitation, future development charges) imposed on persons or property by a by-law of any municipality. READ a first and second time this Ninth day of July, READ a third time and passed this Ninth day of July, Mayor D-Clerk 67

68 THE CORPORATION OF THE TOWN OF AJAX BY-LAW NUMBER Being a by-law of the Town of Ajax with respect to Development Charges. WHEREAS section 2(1) of the Development Charges Act, 1997 (hereinafter called the Act ) enables the Council of a municipality to pass by-laws for the imposition of development charges against land located in the municipality for increased capital costs required because of the increased need for services arising from development in the area to which the by-law applies; AND WHEREAS the Council of The Corporation of the Town of Ajax has made The Town of Ajax Development Charge Background Study, dated May 7, 2018, prepared by Watson & Associates Economists Ltd., available to the public at least two weeks prior to the public meeting and has given Notice in accordance with section 12 of the Act of its intention to pass a by-law under section 2 thereof and has heard all persons who applied to be heard whether in objection thereto or in support thereof; AND WHEREAS the Council in adopting the Development Charge Background Study on July 9, 2018, directed that development charges be imposed on land under development or redevelopment within the geographical limits of the municipality as hereinafter provided. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AJAX enacts as follows: 1. In this by-law, DEFINITIONS (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) Act means the Development Charges Act, 1997, S.O. 1997, c. 27, as amended; agricultural operations means general farming and shall include such uses as breeding and rearing of livestock, including poultry, fowl and fur-bearing animals, the general cultivation of land and associated production, conditioning, processing and storing of field crops, fruits, vegetables and horticultural crops and the selling of such produce on the premises. For the purposes of this by-law, agricultural operations shall exclude retail sales and commercial activities, including but not limited to restaurants, banquet facilities, hospitality and accommodation facilities, gift shops, services related to grooming, boarding, or breeding of household pets, and marijuana and alcohol processing or production facilities; air supported structure means a structure consisting of a pliable membrane that achieves and maintains its shape and is supported by internal air pressure; apartment dwelling means a dwelling consisting of four or more dwelling units, which units have a common entrance from street level and common halls and /or stairs, elevators and yards; bedroom means any room used or designed or intended for use as sleeping quarters including but not limited to, a den, a study, a family room or other similar use; commercial means any non-residential use not defined as industrial in this bylaw; Council means the council of the Town; detached dwelling means a dwelling containing only a dwelling unit or a dwelling unit and an accessory apartment development includes redevelopment; development charge means a charge imposed pursuant to this by-law adjusted in accordance with Section 13; 68

69 (k) (l) (m) (n) (o) (p) (q) (r) (s) dwelling unit means a room or group of rooms in a dwelling used or intended to be used as a single independent and separate housekeeping unit containing a kitchen and sanitary facilities, and has a private entrance from outside the dwelling or from a common hallway or stairway inside the dwelling. For the purpose of this by-law, a unit in a retirement residence that may be occupied by a person or persons as his or her residence shall be deemed to be a dwelling unit; farm building means a building or structure used, or designed or intended for use in connection with a bona fide agricultural operation and includes barns, silos and similar structures but excludes a building or structure used or designed or intended for use for residential or commercial uses; garden suite dwelling means a one-unit detached residential structure containing bathroom and kitchen facilities that is ancillary to an existing residential structure and is used for a limited period of time; grade means the average level of finished ground adjoining a building at all exterior walls; gross floor area means the total floor area, measured between the outside of exterior walls or pliable membrane in the case of an air supported structure, or between the outside of exterior walls and the centre line of party walls dividing the building from another building, of all floors, whether above or below grade; hospice means a non-residential building or the non-residential space in a mixeduse building providing not for profit palliative care to the terminally ill; hospital means land, buildings or structures used, or designed or intended for use as defined in the Public Hospitals Act, R.S.O. 1990, c. P.40, as amended; housing services use / housing services means social housing which is rental housing provided by Durham Region Local Housing Corporation (DRLHC) or by a non-profit housing provider that receives ongoing subsidy from the Region of Durham and Affordable Housing which are rental units provided by private or nonprofit housing providers that receive capital funding through a federal and / or provincial government affordable housing program; industrial means any building used for or in connection with, (i) (ii) (iii) (iv) manufacturing, producing, processing, storing or distributing something and includes a greenhouse; research or development in connection with manufacturing, producing or processing something; retail sales by a manufacturer, producer or processor of something manufactured, produced or processed, if the retail sales are at the site where the manufacturing, production or processing takes place; and, office for administrative purposes, if carried out with respect to manufacturing, processing, producing, storage or distribution and in or attached to the building or structure used for that manufacturing, producing, processing, storage or distribution; (t) (u) (v) (w) non-residential use means land, buildings or structures or portions thereof used, or designed or intended for a use other than a residential use; nursing home means a nursing home owned by an organized body for a nonprofit purpose where the use is carried on without profit or gain, the body is registered as a charitable organization and is licensed or approved under a special or general Act but does not include any part of a nursing home containing a dwelling unit. office means a building or part thereof, intended or used for the practice of a profession, conduct of a business or public administration; other dwelling means any residential dwelling which is not a detached dwelling, a semi-detached dwelling, or an apartment dwelling; 69

70 (x) (y) (z) (aa) (bb) (cc) (dd) (ee) (ff) (gg) parking structure means any part of a building or structure used exclusively for purposes of parking motor vehicles, excluding parking spaces for display, inventory of motor vehicles for sale or lease, and parking spaces associated with the servicing of motor vehicles; personal service means premises or a shop where professional or personal services are provided for gain and where the sale of retail goods, wares, merchandise, articles or things is only accessory to the provision of such services; place of worship means that part of a building or structure used for worship and that is exempt from taxation as a place of worship under the Assessment Act, R.S.O. 1990, c. A.31, as amended; residential care facility" means a publicly or privately funded residential facility having 6 or more beds, not greater than 37 beds, in which persons with physical disabilities, persons who are developmentally delayed, persons with psychiatric disabilities, and/or pensioners are provided care and lodging. retirement residence means a residential building or the residential portion of a mixed-use building which provides accommodation for persons of retirement age, where common facilities for the preparation and consumption of food are provided for the residents of the building, and where each unit or living accommodation has separate sanitary facilities, less than full culinary facilities and a separate entrance from a common hall; retirement residence dwelling unit means a unit within a retirement residence residential use means land or buildings or structures or part thereof of any kind whatsoever used, designed or intended to be used as a residence for one or more individuals including a retirement residence but does not include a hotel or motel, a nursing home or a residential care facility; retail means a building or part thereof, not otherwise defined in this by-law, in which goods, wares, merchandise, substances, articles or things are offered or kept for sale at retail directly to the public; semi-detached dwelling means the whole of a dwelling divided vertically both above grade and below grade into two separate dwelling units; Town means The Corporation of the Town of Ajax. 2. SCHEDULE OF DEVELOPMENT CHARGES (1) Subject to the provisions of this by-law, development charges against land shall be calculated and collected in accordance with the base rates set out in Schedule B, which relate to the services set out in Schedule A. (2) The development charge with respect to the use of any land, buildings or structures shall be calculated as follows: (a) (b) (c) (d) in the case of residential development, or the residential portion of a mixeduse development, based upon the number and type of dwelling units, in accordance with Schedule B; in the case of non-residential development, or the non-residential portion and 50% of common areas of a mixed-use development, based upon the number of square feet of gross floor area of such development, in accordance with Schedule B; and in the case of the development of residential garden suite dwellings, the development charge shall be calculated based on the charge for residential bachelor and one-bedroom apartment dwellings, subject to changes in the regulation pursuant to the Promoting Affordable Housing Act, Notwithstanding 2(2)(c), the owner would be required to enter into an agreement with the Town to pay the difference between the development 70

71 charges paid and the rate for single and semi-detached dwelling units at the time of severance, if the property is severed within 10 years of building permit issuance for the additional dwelling unit (3) Council hereby determines that the development of land, buildings or structures for residential and non-residential uses have required or will require the provision, enlargement, expansion, or improvement of the services referenced in Schedule A. (4) This by-law does not provide for the phasing in of the base rates in Schedule B beyond the provision that complete building permit applications received prior to July 16, 2018 and issued by August 31, 2018, will be subject to the development charge rate in effect as of July 15, A complete building permit application means that the submission meets the requirements as set out in Division C, Sentence (5) of the Ontario Building Code, and notwithstanding subsection 9.(1), includes the payment of the applicable Town of Ajax development charge 3. APPLICABLE LANDS (1) Subject to subsections (2), (3), (4) and (7), this by-law applies to all lands in the Town, whether or not the land or use is exempt from taxation under Section 3 of the Assessment Act, 1990, c.a..31. (2) This by-law shall not apply to land, or any part thereof, that is: (a) owned by and used for purposes of: (i) (ii) (iii) a board as defined in subsection 1(1) of the Education Act; the Town, or any local board thereof; The Regional Municipality of Durham, or any local board thereof; or (b) used for the purposes of: (i) (ii) (iii) the development of a farm building used for bona fide agricultural operations; a place of worship; or a hospital. (3) This by-law shall not apply to: (a) (b) (c) (d) a temporary use permitted under a zoning by-law amendment enacted under section 39 of the Planning Act; temporary erection of a building without foundation as defined in the Building Code Act for a period not exceeding six (6) consecutive months and not more than six (6) months in any one calendar year on a site; parking structures.; development where, by comparison with the land at any time within five years previous to the imposition of the charge: (i) (ii) no additional dwelling units are being created; no additional non-residential gross floor area is being added; (e) development of the type referenced in Schedule C, to the extent of the exemption noted, where such development is located within the Downtown Community Improvement Project Area, as defined in Schedule E and as may be amended from time to time. 71

72 (f) development of the type referenced in Schedule D, to the extent of the exemption noted, where such development is located within the Pickering Village Community Improvement Project Area, as defined in Schedule F and as may be amended from time to time and subject to the approval of a Community Improvement Project Area for the Pickering Village Community Project Area. (g) one (1) additional dwelling unit that is located within an existing accessory building or structure provided that: (i) (ii) (iii) (iv) there is no secondary dwelling unit in the existing residential building ; and the accessory building or structure must be located on a residential lot containing a single detached, semi-detached, or townhouse dwelling. Notwithstanding (i) and (ii), the owner would be required to enter into an agreement with the Town to pay development charges at the single and semi-detached dwelling rate if the property is severed within 10 years of building permit issuance for the additional dwelling unit. Notwithstanding (i), (ii), and (iii), development charges shall be imposed at the time of building permit issuance if the additional dwelling unit has a gross floor area greater than the gross floor area of the existing dwelling unit. (4) Section 2 of this by-law shall not apply to that category of exempt development described in s.s.2(3) of the Act, namely: (a) (b) the enlargement of an existing dwelling unit or the creation of one or two additional dwelling units in an existing single detached dwelling; or the creation of one additional dwelling unit in any other existing residential building already containing at least one dwelling unit. (5) Notwithstanding subsection (4)(a), development charges shall be calculated and collected in accordance with Schedule B where the total residential gross floor area of the additional one or two dwelling units is greater than the total gross floor area of the existing dwelling unit. (6) Notwithstanding subsection (4)(b), development charges shall be calculated and collected in accordance with Schedule B, where the additional dwelling unit has a residential gross floor area greater than, (a) (b) in the case of a semi-detached dwelling unit, the gross floor area of the existing smallest dwelling unit, and in the case of any other residential building, the residential gross floor area of the smallest dwelling unit contained in the residential building. (7) Section 2 of this by-law shall not apply to that category of exempt development described in s.4 of the Act, and s.1 of O.Reg. 82/98, namely: (a) (b) (c) (d) the enlargement of the gross floor area of an existing industrial building, if the gross floor area is enlarged by 50 percent (50%) or less; for the purpose of (a), the term gross floor area shall have the same meaning as those terms have in O.Reg. 82/98 under the Act; notwithstanding subsection (a), if the gross floor area is enlarged by more than 50 percent (50%), development charges shall be payable and collected and the amount payable shall be calculated in accordance with s.4(3) of the Act. that for greater certainty in applying the exemption in this section, the gross floor area of an existing industrial building is enlarged where there is a bona 72

73 fide increase in the size of the existing industrial building, the enlarged area is attached to the existing industrial building, there is a direct means of ingress and egress from the existing industrial building to and from the enlarged areas for persons, goods, and equipment, and the existing industrial building and the enlarged area are used for or in connection with an industrial purpose as set out in subsection 1(s) of this by-law. Without limiting the generality of the foregoing, the exemption in this section shall not apply where the enlarged area is attached to the existing industrial building by means only of a tunnel, bridge, canopy, corridor, or other passage-way, or through a shared below-grade connection such as a service tunnel, foundation, footing, or a parking facility; (e) (f) notwithstanding subsection (d), where, at the sole discretion of the Town, there is a physical or planning constraint preventing an enlargement of an existing industrial building from meeting the requirements described in subsection (d), the Town may provide for an exemption to be granted pursuant to this section of the By-law. in particular, for the purposes of applying this exemption, the industrial building is considered existing if is built, occupied, and assessed for property taxation at the time of the application respecting the enlargement; g) the exemption of an existing industrial building provided by this section shall be applied to a maximum of fifty percent (50%) of the gross floor area that existing on the date of passage of this By-law. (8) That where a conflict exists between the provisions of this by-law and any other agreement between the Town and the owner, with respect to land to be charged under this by-law, the provisions of such agreement prevail to the extent of the conflict. 4. APPLICATION OF CHARGES (1) Subject to subsection (2), development charges shall apply to, and shall be calculated, paid and collected in accordance with the provisions of this by-law in respect of land to be developed for residential and non-residential uses within the geographical limits of the Town, where, (a) the development requires, (i) (ii) (iii) (iv) (v) (vi) the passing of a zoning by-law or an amendment thereto under Section 34 of the Planning Act, R.S.O. 1990, cp.13, as amended (the Planning Act ); the approval of a minor variance under Section 45 of the Planning Act; a conveyance of land to which a by-law passed under subsection 50(7) of the Planning Act applies; the approval of a plan of subdivision under Section 51 of the Planning Act; a consent under Section 53 of the Planning Act; the approval of a description under Section 9 of the Condominium Act, 1998 S.O. c. 19, as amended; or (vii) the issuing of the first permit under the Building Code Act, 1992 S.O. c. 23, as amended, in relation to a building or structure. (2) Subsection (1) shall not apply in respect of local services as described in s.s.59(2) (a) and (b) of the Act; (3) The development charges imposed on a retirement residence dwelling unit under section 2 shall be payable at the rate applicable to an apartment dwelling unit smaller than 2 bedrooms. 73

74 5. LOCAL SERVICE INSTALLATION Nothing in this by-law prevents Council from requiring, as a condition of any approval under s. 41, 51 or 53 of the Planning Act., that the owner, at his or her own expense, shall install or pay for such local services, as Council may require, or that the owner pay for the local connection to a water, sanitary sewer or storm drainage facility related to the approval or within the area to which the approval relates. 6. MULTIPLE CHARGES (1) Where two or more of the actions described in Section 4(1) of this by-law are required before land to which a development charge applies can be developed, only one development charge shall be calculated, paid and collected in accordance with the provisions of this by-law. (2) Notwithstanding subsection (1), if two or more of the actions described in Section 4(1) of this by-law occur at different times, and if the subsequent action has the effect of increasing the need for municipal services as set out in Schedule A, an additional development charge shall be calculated and collected in accordance with the provisions of this by-law. (3) If a development does not require a building permit but does require one or more of the actions described in Subsection 4(1) of this by-law, then the development charge shall nonetheless be payable in respect of any increased or additional development permitted by such action. 7. SERVICES IN LIEU Council may authorize an owner, through an agreement under s.38 of the Act, to substitute such part of the development charge applicable to the owner s development as may be specified in the agreement, by the provision at the sole expense of the owner, of services in lieu. Such agreement shall further specify that where the owner provides services in lieu in accordance with the agreement, Council shall give to the owner a credit, without interest, against the development charge in accordance with the agreement provisions and the provisions of s.39 of the Act, equal to the reasonable cost to the owner of providing the services in lieu, as determined by the Town. In no case shall the agreement provide for a credit which exceeds the total development charge payable by an owner to the Town in respect of the development to which the agreement relates. 8. DEVELOPMENT CHARGE REDEVELOPMENT CREDITS (1) An owner who has obtained a demolition permit and demolished existing dwelling units or a non-residential building or structure in accordance with the provisions of the Building Code Act shall not be subject to the development charge with respect to the development being replaced, provided that the building permit for the replacement residential units or non-residential building or structure is issued not more than 5 years after the date of issuance of the demolition permit and provided that any dwelling units or non-residential floor area created in excess of what was demolished shall be subject to the development charge imposed under section 2. (2) Where residential space is being converted to non-residential space or being demolished and replaced by non-residential space, a credit shall be allowed equivalent to the number of dwelling units demolished/converted multiplied by the applicable residential development charge in place at the time the development charge is payable, net of applicable exemptions pursuant to this by-law; (3) Where non-residential space is being converted to residential space or demolished and replaced by residential space, a credit shall be allowed equivalent to the gross floor area of the non-residential portion of the building multiplied by the applicable non-residential development charge in place at the time the development charge is payable, net of applicable exemptions pursuant to this by-law; 74

75 (4) No redevelopment credit shall be made in excess of the development charge payable for a redevelopment. (5) Notwithstanding subsections (1), (2), and (3) above, no credit shall be allowed if the development being replaced or converted would be exempt from development charges pursuant to this by-law. 9. TIMING OF CALCULATION AND PAYMENT (1) Development charges shall be calculated and payable in full in money or by provision of services as may be agreed upon, or by credit granted by the Act, on the date that the first building permit is issued in relation to a building or structure on land to which a development charge applies. (2) Where development charges apply to land in relation to which a building permit is required, the building permit shall not be issued until the development charge has been paid in full to the Town. (3) Notwithstanding subsections (1) and (2), an owner and the Town of Ajax may enter into an agreement to provide for the payment in full of a development charge before building permit issuance or later than the issuing of a building permit. (4) Notwithstanding any of the foregoing, for lands, buildings and structures developed for a housing services use, the Town of Ajax may defer the timing of payment of development charges from building permit issuance to a period of time not to exceed 18 months from the date of first building permit issuance, to be at the discretion of the Director of Finance, if the owner enters into an agreement with the Town of Ajax and Region of Durham under section 27 of the Act, respecting the timing and calculation of payment of development charges, notice of which the owner shall register on the title to the lands at its sole cost and expense with the intention that the provisions shall bind and run with title to the lands. (5) If a development does not require a building permit, the development charge shall be calculated and paid in full at the rate in effect at the time the approval is granted as a condition of the earliest of any of the approvals required for the development and enumerated in Section 4 of this by-law. 10. BY-LAW REGISTRATION This By-law or a certified copy of this by-law may be registered against the title to any land to which this by-law applies. 11. RESERVE FUNDS (1) Monies received from payment of development charges shall be maintained in a separate reserve fund for each service designated in Schedule A, plus interest earned thereon. (2) Monies received for the payment of development charges shall be used only in accordance with the provisions of s.35 of the Act. (3) Where any development charge, or part thereof, remains unpaid after the due date, the amount unpaid shall be added to the tax roll and shall be collected as taxes. (4) Where any unpaid development charges are collected as taxes under subsection (3), the monies so collected shall be credited to the development charge reserve fund or funds referred to in subsection (1). (5) The Treasurer of the Town shall, commencing in 2019 for the 2018 year, furnish to Council a statement in respect of the reserve funds established hereunder for the prior year, containing the information set out in Sections 12 and 13 of O.Reg. 82/98, or any amending regulation. 75

76 12. BY-LAW AMENDMENT OR REPEAL (1) Where this by-law or any development charge prescribed thereunder is amended or repealed by order of the Local Planning Appeal Tribunal or by resolution of the Council, the Town Treasurer shall calculate forthwith the amount of any overpayment to be refunded as a result of said amendment or repeal. (2) Refunds that are required to be paid under subsection (1) shall be paid to the registered owner of the land on the date on which the refund is paid. (3) Refunds that are required to be paid under subsection (1) shall be paid with interest to be calculated as follows: (a) (b) interest shall be calculated from the date on which the overpayment was collected to the day on which the refund is paid; interest shall be paid at the Bank of Canada rate in effect on the date of enactment of this by-law. 13. DEVELOPMENT CHARGE SCHEDULE INDEXING The development charges referred to in Schedule B shall be adjusted annually, without amendment to this by-law, commencing on July 1, 2019, and annually thereafter on July 1, while this by-law is in force, in accordance with the most recent twelve-month change in the Statistics Canada Quarterly, Construction Price Statistics. 14. BY-LAW ADMINISTRATION This by-law shall be administered by the Finance Department and the Planning and Development Services Department. 15. SCHEDULES TO THE BY-LAW The following schedules to this by-law form an integral part of this by-law: Schedule A - Designated Municipal Services Under this By-law Schedule B - Schedule of Development Charges Schedule C Exemption Schedule re s.s.3(3)(e) Schedule D Exemption Schedule re s.s.3(3)(f) Schedule E Downtown Community Improvement Project Area Schedule F Pickering Village Community Improvement Project Area 16. DATE BY-LAW EFFECTIVE This by-law shall come into force and effect on July 16, EXISTING DEVELOPMENT CHARGE BY-LAW REPEAL By-law as amended, is repealed, effective the date that this by-law comes into force and effect. 18. SEVERABILITY If, for any reason, any provision, section, subsection or paragraph of this by-law is held to be invalid, it is hereby declared to be the intention of Council that all of the remainder of this by-law shall continue in full force and effect until repealed, re-enacted or amended, in whole or in part or dealt with in any other way. 76

77 19. SHORT TITLE This by-law may be cited as the Ajax Development Charge By-law # NON-BINDING NATURE Nothing in this by-law or Council s approval of a capital forecast shall be construed so as to commit or require the Town or its Council to authorize or proceed with any specific capital project at any specific time. READ a first and second time this Ninth day of July, 2018 READ a third time and passed this Ninth day of July, 2018 Mayor D-Clerk 77

78 SCHEDULE A (To Development Charges By-law ) DESIGNATED MUNICIPAL SERVICES UNDER THIS BY-LAW 1. Administration, including development-related capital growth studies; 2. Fire, including stations, vehicles and equipment; 3. Transportation, including roads, structures, sidewalks, streetlights, traffic signals, multiuse trails and operations facilities, vehicles and equipment providing services related to a Highway; 4. Parks and Recreation, including parkland, recreational trail development, recreation facilities, and operations facilities, vehicles and equipment items related thereto; 5. Library, including furniture, shelving, equipment and items related thereto and including materials acquired for circulation, reference or information purposes by a library board. 78

79 SCHEDULE B SCHEDULE OF DEVELOPMENT CHARGES (To Development Charges By-law ) 79

80 SCHEDULE C (To Development Charges By-law ) EXEMPTION SCHEDULE RE S.S.3(3)(e) PERTAINING TO FULLY OR PARTIALLY EXEMPT DEVELOPMENT USES WITHIN THE DOWNTOWN COMMUNITY IMPROVEMENT PROJECT AREA, AS DEFINED IN SCHEDULE E 1. FULL DEVELOPMENT CHARGE EXEMPTION APPLIES TO: 1.1 office development consisting of two or more storeys of office uses in a building or hotels of at least six storeys 1.2 Commercial development provided that: (i) the retail/personal service component is located in a non-residential mixeduse building having two or more storeys of office, and the Gross Floor Area of the retail/personal service component does not exceed that of the office component, or, (ii) the commercial development is located in residential mixed-use building 6 storeys in height or greater, and the Gross Floor Area of the commercial uses does not exceed an amount equal to 30% of the total residential Gross Floor area. 1.3 Residential development equal to or greater than 90 units per net hectare, calculated on a block-by-block basis % RESIDENTIAL DEVELOPMENT CHARGE EXEMPTION APPLIES TO: 2.1 Residential development equal to or greater than 25 units per net hectare, but less than 90 units per net hectare, calculated on a block-by-block basis, for those dwelling units for which underground parking is provided in a common area or areas % RESIDENTIAL DEVELOPMENT CHARGE EXEMPTION APPLIES TO: 3.1 Residential development equal to or greater than 25 units per net hectare, but less than 90 units per net hectare, calculated on a block-by-block basis, for those dwelling units for which surface parking is provided. 80

81 SCHEDULE D (To Development Charges By-law ) EXEMPTION SCHEDULE RE S.S.3(3)(f) PERTAINING TO FULLY OR PARTIALLY EXEMPT DEVELOPMENT WITHIN THE PICKERING VILLAGE COMMUNITY IMPROVEMENT PROJECT AREA, AS DEFINED IN SCHEDULE F Program Funding 1. 50% EXEMPTION OF DEVELOPMENT CHARGES FOR ALL ELIGIBLE COMMERCIAL/ RESIDENTIAL OR COMMERCIAL/OFFICE MULTI-STOREY DEVELOPMENT PROVIDED THAT: 1.1 The new residential/commercial or commercial/office development consists of two or more storeys with the ground floor only comprised of any of the following uses: retail stores, restaurants, art gallery, place of entertainment, museum, convenience store, financial institution (bank only) as defined in Zoning By-law % EXEMPTION OF DEVELOPMENT CHARGES FOR ALL DEVELOPMENT PROVIDED THAT: 2.1 The development provides a minimum of 60% of required on-site parking as underground parking and/or above ground deck parking that is appropriately designed to fit in with the proposed development and existing streetscape at the discretion of the Town. 3. PROJECTS WHICH SATISFY BOTH SECTION 1.1 AND 2.1 ABOVE WILL BE ELIGIBLE FOR A FULL EXEMPTION OF THE TOWN OF AJAX DEVELOPMENT CHARGES. 81

82 SCHEDULE E (To Development Charges By-law ) AREA BOUNDARIES FOR THE TOWN OF AJAX DOWNTOWN COMMUNITY IMPROVEMENT PROJECT AREA Schedule A of By-law This plan may be amended from time to time without the need to amend this Schedule E. 82

83 SCHEDULE F (To Development Charges By-law ) AREA BOUNDARIES FOR THE TOWN OF AJAX PICKERING VILLAGE COMMUNITY IMPROVEMENT PROJECT AREA This plan may be amended from time to time without the need to amend this Schedule F. 83