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HomeMy WebLinkAboutFIN-20-054 - Development Charge & Community Benefit Charge UpdateREPORT TO: Finance and Corporate Services Committee DATE OF MEETING: August31, 2020 SUBMITTED BY: Ryan Hagey, Director of Financial Planning, 519-741-2200 x 7353 PREPARED BY: Ryan Hagey, Director of Financial Planning, 519-741-2200 x 7353 WARD (S) INVOLVED: All DATE OF REPORT:July 24, 2020 REPORT NO.: FIN-20-054 SUBJECT: Development Charge(DC) & Community Benefit Charge (CBC) Update ___________________________________________________________________________ RECOMMENDATION: That financial policy FIN-PLA-XXXX “Development Charge Interest” be approved, including an annual interest rate of Prime + 2% for: Development Charge Rate Freezes Development Charge Deferrals related to institutional and rental housing development; and That no interest be charged for Development Charge Deferrals related to non-profit housing development. BACKGROUND: As part of the More Homes More Choices Act(Bill 108),the Plan to Build Ontario Together Act (Bill 138),and the COVID-19 Economic Recovery Act(Bill 197),the Provincial government enactedchanges to existing development legislation including the Development Charges Act, and introduced new development legislation by creating a Community Benefits Charge. Amongst other changes, the new legislation included two new provisions allowingdevelopers tomodify their typicaldevelopment charges. The new provisions allow qualifying developments to: Freeze development chargeratesthrough the development process(section 26.2) Defer development chargepaymentsover multiple years (section 26.1) The new legislation also allows municipalities to charge interest when either of these provisions is employed. The purpose of this reportis to briefly outline the changes to the Development Charges Act and introduce the proposed policy related to development charge interest. REPORT: 1)Overview of Development Charges Act Changes The end result of the multiple pieces of development legislation appears to be generally positivefor municipalities.Changes proposed in earlier Bills would have been very costly to municipalities and stifled growth, but the results of Bill 197 should allow municipalities to continue growing and providing services to new residents. Some highlights of Bill 197 are provided below. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2 - 1 Two-Year Transition Any of the changes noted in the report below have a two-year transition windowfrom the point of proclamation (Bill 197 has not yet been proclaimed). This is longer than the original one-year window included in aprevious Bill, which is good news for municipalities since the number of consultants that do this sort of work is very limited (Hemson Consulting Ltd. and Watson & Associates account for the vast majority of DC studies completed by consultants). Removal of the 10% Discount for “Soft” Services Under previous legislation, “soft” services like recreation and parks had a mandatory 10% reduction, meaning at least 10% of a new recreation facility had to be funded by the municipality instead of development charges. Bill 197 removes this mandatory reduction and says that if a service is DC eligible, the growth-related costs can be 100% funded by DCs. That means that a new $30M recreation facility could be fully funded by DCs, instead of $3M (10% of the total cost) needing to be funded by the municipality (typically through property taxes). List of DC Eligible Services The list of DC eligible services has changed multiple times through the different Provincial Bills. The DC eligible services approvedin Bill 197 includes: Services EmployedServices Not Employed by Kitchenerby Kitchener WaterElectrical Power SanitaryToronto-York Subway StormwaterTransit Roads & RelatedWaste Diversion Fire ProtectionPolicing LibrariesAmbulance Parks & RecreationLong-Term Care Other Services (e.g. Studies)Public Health Child Care & Early Years Housing Provincial Offences Act Emergency Preparedness Airports It should be noted that Parking and Cemeteriesare currently included in Kitchener’s current DC bylaw, butare no longer eligible services under Bill 197. The City can still collect for these services under its current bylaw, but will have to deal with them differently in the future. Community Benefits Charge(CBC) If the City would still like to collect funds for growth related costs related toParking and Cemeteries, it could be done through a CBC. The CBC legislation has changed significantly through the various Bills, but highlights of CBCs as of Bill 197 CBCs are provided below: 2 - 2 CBCs are a land value based charge and used to fund growth related capital costs o Previously proposed amount was 10% of land value for lower-tier municipalities CBCs are only charged to apartment buildings o Defined as buildings with at least 10units and at least five storeys CBCs can be used to pay for DC-eligible services,parkland acquisition, as well as other recreation purposes, provided thecapital costs funded fromCBCs are not also funded from DCs or Parkland Dedication o No “double dipping” Parkland Dedication Bill 197 reintroduces a provision to calculate an alternative parkland dedication fees based on the density of a development which was removed in an earlier Bill. This provision is currently used by the City, so having it reintroduced is seen positively by the City. 2)Proposed PolicyRelated to Development Charge Interest Under the new legislation,qualifying developments can freeze DC rates and/or defer DC payments (both of theseare described more thoroughly later in this report).These two provisions create more certainty for the developer about the amount of DCs thatwill be paidand also spread out the timing of DC payments over multiple years. These two provisions are beneficial to developerswho gain increased cost certainty and improved cash flows to aid in their development, but detrimental to municipalities who use DCs to fund growth related municipal capital projects.To help offset the negative impacts on municipal DCcash flows caused by the items noted above, municipalities are permitted to charge interest on frozen or deferred DC payments. A Regional Approach: Prime + 2% To ensure better consistency of approach and information amongst regional municipalities, and thereby abetter customer experience for developers operating across the region, aregional working group wasstruck which includes representation from all eight regional municipalities. One of the primary topics discussed by the working group was interest rates for delayed DC payments. The working group agreed that for DC freezes and deferrals, all municipalities wouldpropose the prime interest rate+ 2%. Theprime interest rate is a publicly available figureon the Bank of Canada’s website and is determined by an independent third party, somewhat similar to CPI inflation.And much like CPI inflation, the prime interest rate will fluctuate over time, based on economic conditions. When times are good, the cost of borrowing will be higher than when the economy is struggling. A premium of 2% on top of the prime interest rate is proposed to cover an element of risk in the development process and tooffset interest rate fluctuations over the course of a freeze/deferral. One of the goals of new legislation is to provide cost certainty to the developer. In order to help achieve this, the interest rate will be fixed at the appropriate time in the development process. 2 - 3 The new legislation allows a developer to opt out of freezing/deferring DCs, so they have full flexibility to choose the option that makes the most sense for their particular development. DC Rate Freeze(DC Act Section 26.2) Under the City’s current DC bylaw, the amount of DCs payable was calculated at the same time DCs were paid, which was most commonly at the time of building permit issuance. So if a developerwere getting a building permit in June 2022,theywould be charged the DC rate in effect at June 2022. Under the new legislation, the amount of DCspayable will be calculated based on the rates in effect at the time of various Planning applications (e.g. site plan, zoning). The DC payment will not actually be paid until later in the development process (typically at the time ofbuilding permit issuance, but it could be a later date as outlined in the next section of this report).Any “frozen” DC rate wouldalso be charged an interest rate of Prime +2% per year if the attached policy is approved by Council. So if a developerwere getting a building permit in June 2022 but submitted a complete Planning application in June 2020, theywould be charged the DC rate in effect at June 2020 plus interest. DC Payment Deferral(DC Act Section 26.1) As noted in the previous section of the report, DCs have typically been payable at time of building permit issuance. Under the new legislation this will remain the case for mosttypes of development, although it also allows certain types of development to defer their DC payments over multiple years.A qualifying development would be allowed to instead make DC instalment payments starting at occupancy with future annual instalment payments coming on the anniversary date of the first payment. Rental housing (that is not non-profit)and insitutional development areable to defer their payments over 5 annual instalments beyond their first payment. The proposed policy includes an interest charge of Prime + 2% for these deferred payments. An example calculation is shown below for illustrative purposes. Example of DC Deferred Payment Schedule 2 - 4 Non-profit housing development (aka affordable housing) is able to defer their payments over 20 annual instalments beyond their first payment. In an effort to support the City’s Affordable Housing Strategy, staff are proposing that no interest be charged for these deferred payments. This policy decision will reduce the financial hurdles for affordable housing developers as they will be able to spread one oftheir upfront costs (development charges) outover 20 years, interest free.This will result in less revenue being paid into the City’s DC reserve over time, but staff believe the relativley minor cost to the City is worth it to incent affordable housingdevelopment. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city's strategic vision through the delivery of core service. FINANCIAL IMPLICATIONS: Overall, the legislative changes from Bill 197 should have a positive effect on City finances, primarily due to the removal of the mandatory 10% reduction to “soft service” areas like parks and recreation facilities. Somewhat offsetting this, deferred DC payments will mean reduced DC cash flows to the Citywhich could potentially delay the timing of some of the City’s growth related capital projects that require funding to proceed. COMMUNITY ENGAGEMENT: INFORM – This report has been posted to the City’s website with the agenda in advance of the council / committee meeting. ACKNOWLEDGED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services 2 - 5 POLICY Policy No: FIN-PLA-XXX Approval Date: August 31, 2020 Policy Title: DEVELOPMENT CHARGE INTERESTPOLICY Reviewed Date: August2020 Policy Type: COUNCIL Next Review Date: August2025 Category: Finance Sub-Category: Financial Planning Amended: Click here to enter a date. Author: Ryan Hagey,Director of Financial Planning Replaces:Click here to enter text. Repealed: Click here to enter a date. Dept/Div:Financial Services Department /Financial Planning Replacedby: Click here to enter text. Related Policies, Procedures and/or Guidelines: Development Charges Act, 1997, S.O. 1997, c. 27, Sections 26 & 27 1.POLICY PURPOSE: The primary purpose of this policy is to establish the interest rate to be charged for delaying development charges, whether it relates to the rate to be charged or the timing of payment. As well, this policy establishes the process whereby a developer could elect toopt out of incurring interest charges. 2.DEFINITIONS: Agreements –a legally binding arrangement between a developer and the municipality as toDC payments terms that differ from what is permitted in the DCA, as allowed under Section 27 of the DCA. Complete Applications –Pursuant to Section 26.2 of the DCA, the City considers an application of a Site Plan or Zoning Amendment to be made as of the date that the submitted application is deemed to be complete according to the City’s Planning staff. DC/DCA –Development Charges/Development Charges Act 1of 5 2 - 6 Policy No: FIN-PLA-XXX Policy Title: DEVELOPMENT CHARGE INTEREST Development Charge Deferral –the ability of qualifying developmentsto spread their DCs over multiple annual instalment payments as defined in Section 26.1 of the DCA Development Charge Freeze –the locking inof DC rates as defined in Section 26.2 of the DCA Institutional Development – is defined by O. Reg. 454/19, s. 3 (1)and means development of a building or structure intended for use, (a) as a long-term care home within the meaning of subsection 2 (1) of the Long-Term Care Homes Act, 2007; (b) as a retirement home within the meaning of subsection 2 (1) of the RetirementHomes Act, 2010; (c) by any of the following post-secondary institutions for the objects of the institution: (i) a university in Ontario that receives direct, regular and ongoing operating funding from the Government of Ontario, (ii) a college or university federated or affiliated with a university described in subclause (i), or (iii) an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institutes Act, 2017; (d) as a memorial home, clubhouse or athletic grounds by an Ontario branch of the Royal Canadian Legion; or (e) as a hospice to provide end of life care. Non-Profit Housing Development – is defined by O. Reg. 454/19, s. 3 (1) and means development of a building or structure intended for use as residential premises by, (a) a corporation without share capital to which the Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing; (b) a corporation without share capital to which the Canada Not-for-profit Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing; or (c) a non-profit housing co-operative that is in good standing under the Co- operative Corporations Act. Prime – means the Primeinterest rate as indicated on the Bank of Canada website Rental Housing Development – is defined by O. Reg. 454/19, s. 3 (1) and means development of a building or structure with four or more dwelling units all of which are intended for use as rented residential premises 2 of 5 2 - 7 Policy No: FIN-PLA-XXX Policy Title: DEVELOPMENT CHARGE INTEREST Qualifying Developments – are defined in Section 26.1 (2) of the DCA and include: Rental housing development that is not non-profit housing Institutional development Non-profit housing development 3.SCOPE: POLICY APPLIES TO THE FOLLOWING: All Employees ManagementPermanent Full-Time Employees Permanent Full-Time Non UnionPermanent Full-Time C.U.P.E. 791 TemporaryPart-Time Non-Union StudentPermanent Full-Time Union Continuous Part-Time EmployeesPart-Time Employees Continuous Part-Time Non-UnionContinuous Part-Time Union CouncilLocal Boards & Advisory Committees Specified Positions Only: 4.POLICY CONTENT: The City’s DC interest policy is provided belowand only provides the specifics of the City’s policy without reiterating most aspects of the DCA itself.The City’s policy is meant to be interpreted in accordance and in conjunction with the DCA.To help clarify, example calculations are provided. 1.Development Charge Freeze(Section 26.2 of the DCA) Under this section of the DCA, the amount of DCs payable will be calculated based on the rates in effect at the time of various Planning applications (e.g. site plan, zoning). The DC payment will not actually be paid until later in the development process (typically at the time of building permit issuance). The City’s policy regarding rates for DC Freeze includes: a)An annual interest rate of Prime + 2% will be charged for any DC rate frozen during the development process. b)The Prime interest rate to be used will be the rate in effect when complete applications are submitted. As noted in Subsection 26.2(1) of the DCA, the rate can be frozen for either: i.Site Plan – Subsection 41(4) of the Planning Act, or ii.Zoning - Section 34 of the Planning Act. 3 of 5 2 - 8 Policy No: FIN-PLA-XXX Policy Title: DEVELOPMENT CHARGE INTEREST For illustrative purposes, an example of a frozen DC rate calculation is shown in the table below. At the time a complete applicationwas received, the DC per unit cost was$10,000 and the Primeinterest rate was5.25%. The development takes 18 months (or 1.5 years) to proceed to building permit, so an interest rate of 7.875% (5.25% x 1.5 years) results in a DC of $10,787.50 per unit. DC Freeze Rate Example DC Rate$10,000per unit Prime Interest Rate5.25%per year Years Frozen1.5years Effective Interest Rate7.875% Applicable DC Rate$ 10,787.50per unit 2.Development Charge Deferral(Section 26.1 of the DCA) Under this section of the DCA, instead of making full DC payment at the time of building permit issuance, a qualifying development would be allowed to instead make DC instalment payments starting at occupancy with future annual instalment payments coming on the anniversary date of the first payment. The City’s policy regarding rates for DC Freeze includes: a)An annual interest rate of Prime + 2% will be charged for any DC charges deferred in relation to: i.Rental housing development(that is not non-profit) ii.Institutional development b)The Prime interest rate to be used will be the rate in effect at the time of building permit issuanceas noted in Subsection 26.1(7) of the DCA. c) No annual interest rate will be charged for any DC charges deferred in relation to non-profit housing development For illustrative purposes, an example of a deferred payment schedule is shown in the table below. DCs of $120,000 are calculated at the time of Building Permit (BP)issuance, when the Prime interest rate is 2.45% (meaning the applied interest rate is 4.45%).Instalment payments begin at occupancy, which is 6 months after BPs are issued. Interest is charged for the 6 months between BP issuance and occupancy. Interest continues to be charged on the outstanding balance for future instalment payments, which occur on the anniversary of occupancy. 4 of 5 2 - 9 Policy No: FIN-PLA-XXX Policy Title: DEVELOPMENT CHARGE INTEREST DC Deferral Payment Example Interest Rate4.45% Outstanding Principal Interest Total Date Balance Payment Payment Payment Building Permit (BP) $ 120,000 $ - $ - $ - Occupancy = BP + 6 months$ 120,000$ 20,000$ 2,670$ 22,670 Occupancy + 1 year$ 100,000$ 20,000$ 4,450$ 24,450 Occupancy + 2 years$ 80,000$ 20,000$ 3,560$ 23,560 Occupancy + 3 years$ 60,000$ 20,000$ 2,670$ 22,670 Occupancy + 4 years$ 40,000$ 20,000$ 1,780$ 21,780 Occupancy + 5 years$ 20,000$ 20,000$ 890$ 20,890 TOTAL$ 120,000$ 16,020$ 136,020 3.Agreements(Section 27 of the DCA) Under this section of the DCA, a municipality may enter into an agreement with a person who is required to pay a development charge providing for all or any part of a development charge to be paid before or after it would otherwise be payable. The City’s policy regarding Agreements includes: a)If a developer and the municipality preferto negotiate different DC payment terms, they are permitted to do so by agreement b)The Treasurer has delegated authority to enter into such agreements on behalf of the municipality 4.Other Matters Upon approval by Council, this policy shall take effect retroactive to January 1, 2020. 5.HISTORY OF POLICY CHANGES Administrative Updates Formal Amendments 5 of 5 2 - 10