These benefits are negotiated by planning staff and with municipal councils in the area where construction is to be built. Although the agreements themselves are approved by the city council, the use of the funds is largely controlled directly by the city council for use in projects within its municipality. Section 37 of the Planning Act allows municipalities to adopt an increase in the height and density of construction authorized by the amendment of the law in exchange for ”installations, services or business” in exchange for ”installations, services or business.” The municipality may require the owner to enter into agreements with the municipality regarding the facilities, services or substances provided that may be listed on the law. The thing is, Section 37 should not be used as a bundle of revenue for the city. For that, we have other sources of money – for example, property taxes. In particular for new buildings, the city has imposed construction charges for new construction projects that should be specifically generated, and these could be slightly increased if the city council wanted more money for general use. The Section 37 agreements are intended to compensate for changes made to a particular neighbourhood by the specific changes that are made to it. The pooling of these revenues for use in other parts of the city would involve a probably erroneous process and would completely chain them to the underlying logic. The purpose of the section of the law is to balance the problems caused by changes in a quarter when different types of developments are added, for example to compensate for the increase in traffic, the population or changes in the image of the street, resulting in new developments. Section 37 refers to the section of the Planning Act, which allows the city to require benefits for the construction, financing or improvement of facilities when a construction requires a change in the zoning statutes. The city`s Section 37 guidelines identify a development threshold for planned developments under Section 37.
The development threshold is an evolution of at least 7,000 m2 and the required density represents a minimum increase of 25% over the authorized legislation (zonace at the time of application). The main criticism is that its effectiveness depends heavily on the skill and creativity of the city council. Since each agreement is negotiated separately under Section 37, there is no real standard or basis for how it works, how much certain types of certificates will cost a developer, or what a community should expect in exchange for a major change in its path. The nature of benefits is subject to the same eccentricity and often depends on the priorities (or ”pet projects”) of different politicians. The Section 37 implementation guidelines were adopted and revised by City Council on November 20, 2007 to consolidate the changes adopted by Council until July 2013. These guidelines should help implement the policies of the official plan of Section 37 (section 5.1.1). The guidelines will be read in conjunction with the official plan guidelines and will address implementation principles, other implementation issues and guidelines to ensure certain types of community benefits. In essence, section 37 of the Planning Act is the one that allows what other cities call ”local benefit agreements.” If the owner of a property wishes to build something that does not comply with the rules of zonarity, the owner may voluntarily consent to provide collective services in cash or amenities in exchange for the authorization. If no agreement can be reached between the parties, we will also assist in appealing these issues to the Local Planning Appeal Tribunal (formerly the Ontario Municipal Board).