|
4. REFUND
OF STORMWATER DEVELOPMENT CHARGES FOR NEPEAN SOUTH URBAN COMMUNITY (AREA S-3) REMBOURSEMENT DES
REDEVANCES D’AMÉNAGEMENT RELATIVEMENT AUX EAUX DE RUISSELLEMENT POUR LA
COMMUNAUTÉ URBAINE DE NEPEAN-SUD (SECTEUR S-3) |
Committee recommendation
That Council refund the area-specific stormwater development charge
payments received between September 2008 and May 2009 for the Nepean South
Urban Community (Area S-3).
Recommandation du comité
Que le Conseil rembourse les paiements de redevances d’aménagement
relatives aux eaux de ruissellement propres au secteur reçus entre septembre
2008 et mai 2009 pour la communauté urbaine de Nepean-Sud (secteur S 3).
Documentation
1.
Deputy
City Manager's report, Infrastructure
Services and Community Sustainability, dated 3 February 2011 (ACS2011-ICS-PGM-0050)
Comité de
l'urbanisme et de l'environnement
and Council / et au Conseil
03
February 2010 / le 03 février 2010
Submitted by/Soumis par : Nancy
Schepers, Deputy City Manager/Directrice municipale adjointe, Infrastructure
Services and Community Sustainability/Services d'infrastructure et Viabilité
des collectivités
Contact
Person/Personne-ressource : John L. Moser, General Manager, Planning and Growth
Management, Planning and Growth Management/Urbanisme et Gestion de la
croissance
(613)
580-2424 x28869, John.Moser@Ottawa.ca
That Planning Committee recommend Council refund the area-specific stormwater development charge payments received between September 2008 and May 2009 for the Nepean South Urban Community (Area S-3).
Que le Comité de l’urbanisme recommande au
Conseil de rembourser les paiements de redevances d’aménagement relatives aux
eaux de ruissellement propres au secteur reçus entre septembre 2008 et mai 2009
pour la communauté urbaine de Nepean-Sud (secteur S 3).
Since 2004, the City has allowed front-ending agreements by imposing area-specific development charges for each stormwater management facility, which are highly localized to specific areas, easily identifiable and the direct responsibility of the developer to provide.
Front-ending agreements outline the infrastructure costs to be borne by one or more parties who are then reimbursed at a future date using the revenues collected within a particular drainage area. Stormwater capital works are clustered into defined development charge recovery areas. Each area is small enough to allow for specific requirements while being large enough for administrative efficiencies in cost recovery. Some developers choose to fully provide for their own stormwater management needs, pursuant to individual agreements, and are therefore exempt from paying area-specific charges to the City.
Prior to passing the new Development Charges By-law in 2009, an active landowners group including Mattamy Homes and Tamarack Developments Corporation requested that stormwater management ponds, related trunk sewers and their respective tributary areas south of the Jock River be excluded from the by-law unlike the previous Development Charges By-law 2004-304, which included this area within the Nepean South Urban Community stormwater charge.
As a result, facility design and capital cost estimates were amended to exclude Half Moon Bay development. Stormwater management facilities identified in the Half Moon Bay development will be constructed and paid for directly by the homebuilders. The 2009 background study was also amended to reflect the exclusion of Half Moon Bay and the resulting recalculated rates as this development was no longer in the contributing area . While meeting with Mattamy Homes to discuss their Ontario Municipal Board appeal to the Development Charges By-law, staff determined that the best course of action would be to refund the fees previously collected.
The Development Charges Act requires that growth-related fees collected, from those who directly benefit from the service, may only be expended for the purposes for which a particular rate was calculated. It does not specify a discount for stormwater related capital programs. Contributions paid under the previous Development Charges By-law 2004-304 have been maintained in a separate reserve fund.
After discussions were held with Mattamy, staff carefully considered the request for reimbursement of development charges previously paid under Development Charges By-law 2004-304. Staff agreed that it was reasonable and consistent with City policy to seek Council approval of the reimbursement based on the current modifications made to the quantum of the calculated stormwater charges in the Nepean South Urban Community.
"I am in full agreement with the staff report and believe it will bode well for future collaboration."
The refund of the stormwater development charges pursuant to this report is consistent with the exclusion of the Half Moon Bay area from the area-specific stormwater development charge by‑law and the resulting responsibility on the developer to construct, at no cost to the City, the stormwater facility.
Mattamy Homes and Tamarack Developments have opted to provide stormwater management facilities for their developments in Barrhaven South and are entitled to reimbursement for development charges collected for stormwater management purposes on lots for which a building permit was issued between September 2008 and May 2009. Mattamy Homes paid a total of $1,087,515 in area-specific stormwater development charges for the period in question under the previous by-law and Tamarack Developments Corporation paid $61,066, which will be refunded to both upon approval of this report.
Planning and Growth Management to process the required refund of the stormwater development charges to Mattamy.