Proposed D.C.A. Regulation…

Proposed D.C.A. Regulation Changes – ERO # 019-0184

Section 1. – Transition of Discounted Soft Services
• Will D.C.A. provisions of Bill 108 be effective at the municipality’s discretion during the transition period (i.e. by January 1, 2021) ?

Section 2(a) – D. C. Deferral
• Can deferral amounts be secured through a letter of credit to ensure recovery ?

Section 2(b) – Deferral Definitions
• Clarification is required on the treatment of redevelopments in the context of D.C. credits for existing land uses

Section 3 – D.C. Freeze for Site Plan and Zoning By-law Amendments
• As written, this provision can provide the ability to defer payment D.C. amounts for several years without indexation of the charge, which will create fiscal exposure for the municipality
• In the event that an applicant appeals a decision or non-decision on a Site Plan Development or Zoning By-law Amendment application to the L.P.A.T, will the amount D.C. deferral be reflective of the D.C. amounts at the time of the L.P.A.T decision or the original Council decision (if a decision was made)? Further, will the two-year deferral timeframe reset at the date of the L.P.A.T. decision?
• D.C. deferrals will significantly impact the municipality’s ability to recoup costs where the municipality has made infrastructure investments to enable/facilitate development.

Section 4 – Maximum Interest Rates on D.C. Deferrals for Freeze
• Consideration should be given to establish a basis for application of interest rates to ensure consistency

Section 5 – Additional Dwelling Units
• Stacking or repeating of exemption criteria should be restricted to a single occurrence
• The cumulative impact of additional dwelling units may necessitate costly infrastructure improvements for water and sanitary sewer systems, particularly in communities where water and sanitary infrastructure is operating at or near capacity. Restricting stacking or repeating of exemption criteria to a single occurrence, will assist in building reserves for infrastructure investments.