3361 To establish development charges for the Corporation of the Town of Tillsonburg.1
THE CORPORATION OF THE TOWN OF TILLSONBURG
By -Law NUMBER 3361
A by-law to establish development charges
for the Corporation of the Town of Tillsonburg
WHEREAS subsection 2(1) of the Development Charges Act, 1997 c. 27 (hereinafter
called "the Act") provides that the council of a municipality may pass By-laws for the
imposition of development charges against land for increased capital costs required
because of the 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 Tillsonburg ("Town
of Tillsonburg") has given Notice in accordance with Section 12 of the Development
Charges Act, 1997, of its intention to pass a by-law under Section 2 of the said Act;
AND WHEREAS the Council of the Town of Tillsonburg has heard all persons who
applied to be heard no matter whether in objection to, or in support of, the
development charge proposal at a public meeting held on March 23, 2009;
AND WHEREAS the Council of the Town of Tillsonburg had before it a report
entitled Development Charges Background Study dated March 2009 prepared by
HEMSON Consulting Ltd., wherein it is indicated that the development of any land
within the Town of Tillsonburg will increase the need for services as defined herein;
AND WHEREAS the Council of the Town of Tillsonburg on September 28, 2009
approved the applicable Development Charges Background Study, dated March
2009, in which certain recommendations were made relating to the establishment of
a development charge policy for the Town of Tillsonburg pursuant to the
Development Charges Act, 1997.
NOW THEREFORE THE COUNCIL OF THE TOWN OF TILLSONBURG ENACTS
AS FOLLOWS:
DEFINITIONS
1. In this by-law,
(1) "Act" means the Development Charges Act, 1997, c. 27;
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(2) "Apartment dwelling" means any dwelling unit within a building
containing more than four dwelling units where the units are connected
by an interior corridor;
(3) "Affordable housing" means dwelling units and incidental facilities
primarily for person(s) of low and moderate income that meet the
requirements of any program for such purpose as administered by any
agency of the Federal or Provincial government, the County of Oxford
and/or the Area Municipality and for which an agreement has been
entered into with the County of Oxford with respect to the provision of
such dwelling units and facilities;
(4) "Bedroom" means a habitable room larger than seven square metres,
including a den, study, or other similar area, but does not include a
living room, dining room or kitchen;
(5) "Board of education" means a board defined in s.s. 1(1) of the
Education Act,
(6) "Building Code Act" means the Building Code Act, R.S.O. 1980, c. 51,
as amended;
(7) "Capital cost" means costs incurred or proposed to be incurred by the
municipality or a local board thereof directly or by others on behalf of,
and as authorized by, the municipality or local board,
(a) to acquire land or an interest in Land, including a leasehold
interest;
(b) to improve land;
(c) to acquire, lease, construct or improve buildings and structures;
(d) to acquire, lease, construct or improve facilities including,
(i) rolling stock with an estimated useful life of seven years
or more,
furniture and equipment, other than computer
equipment, and
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materials acquired for circulation, reference or
information purposes by a library board as defined in the
Public Libraries Act, 1984, S.O. 1984, c. 57, and
(e) to undertake studies in connection with any of the matters
referred to in clauses (a) to (d);
(fl to complete the development charge background study under
Section 10 of the Act;
(g) interest on money borrowed to pay for costs in (a) to (d);
required for provision of services designated in this by-law within or
outside the municipality.
(8)"Council" means the Council of The Corporation of the Town of
Tillsonburg;
(9) p"Development" means any activity or proposed activity in respect of
land that requires one or more of the actions referred to in section 7 of
this by-law and including the redevelopment of land or the
redevelopment, expansion, extension or alteration of a use, building or
structure except interior alterations to an existing building or structure
which do not change or intensify the use of land;
(10)"Develo ment charge " means a charge imposed pursuant to this By-
law,
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"Dwelling unit" means a room or suite of rooms used, or designed or ) 9
intended for use by, one person or persons living together, in which
culinary and sanitary facilities are provided for the exclusive use of
such person or persons;
(12) "Grade" means the average level of finished ground adjoining a
building or structure at all exterior walls;
(13) "Local board" means a public utility commission, public library board,
local board of health, or any other board, commission, committee or
body or local authority established or exercising any power or authority
under any general or special Act with respect to any of the affairs or
purposes of the municipality or any part or parts thereof;
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(14) "Local services" means those services or facilities which are under the
jurisdiction of the municipality and are related to a plan of subdivision
or within the area to which the plan relates, required as a condition of
approval under s.51 of the Planning Act, or as a condition of approval
under s.53 of the Planning Act;
(15) "Multiple dwelling" means all dwellings other than single detached
dwellings, semi-detached dwellings, and apartment dwellings;
(16) "Municipality" means The Corporation of the Town of Tillsonburg;
(17) "Non-residential uses" means a building or structure used for other
than a residential use;
(18) "Official plan" means the Official Plan of the County of Oxford and any
amendments thereto;
(19) "Owner" means the owner of land or a person who has made
application for an approval for the development of land upon which a
development charge is imposed;
(20) "Planning Act" means the Planning Act, 1990, R.S.O. 1990, c.1, as
amended;
(21) "Regulation" means any regulation made pursuant to the Act;
(22) "Residential uses" means lands, buildings or structures or portions
thereof used, or designed or intended for use as a home or residence
of one or more individuals, and shall include a single detached
dwelling, a semi-detached dwelling, a multiple dwelling, an apartment
dwelling, and the residential portion of a mixed-use building or
structure;
(23) "Semi-detached dwelling" means a building divided vertically into two
dwelling units each of which has a separate entrance and access to
grade;
(24) "Services" means services set out in Schedule "A" to this By-law;
(25) "Single detached dwelling" means a completely detached building
containing only one dwelling unit;
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(26) "Temporary building or structure" means a building or structure
constructed or erected or placed on land for a continuous period not
exceeding eight months, or an addition or alteration to a building or
structure that has the effect of increasing the total floor area thereof for
a continuous period not exceeding twelve months.
(27) "Total floor area" means, the sum total of the total areas of all floors in
a building or structure whether at above or below grade measured
between the exterior faces of the exterior walls of the building or
structure or from the centre line of a common wall separating two uses
or from the outside edge of a floor where the outside edge of the floor
does not meet an exterior or common wall, and;
a) includes the floor area of a mezzanine atrium or air supported
structure, and the space occupied by interior wall partitions;
b) where a building or structure does not have any walls, the total floor
area of the building or structure shall be the total of the area of all
floors including the ground floor that are directly beneath the roof of
the building or structure.
CALCULATION OF DEVELOPMENT CHARGES
2. (1) Subject to the provisions of this By-law, development charges against
land in the municipality shall be imposed, 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, in the case of residential
development or redevelopment, or a residential portion of a mixed-use
development or redevelopment, based upon the number and type of
dwelling units.
(3) Council hereby determines that the development or redevelopment of
land, buildings or structures for residential uses will require the
provision, enlargement or expansion of the services referenced in
Schedule "A".
A
PHASE IN OF DEVELOPMENT CHARGES
3. The development charges imposed pursuant to this by-law are being phased
in according to the schedule set out in Schedule B.
APPLICABLE LANDS
4. (1) Subject to Section 4, this by-law applies to all lands in the municipality,
whether or not the land or use is exempt from taxation under Section 3
of the Assessment Act, R.S.O. 1990, c.A.31.
(2) This by-law shall not apply to land that is owned by and used for the
purposes of:
(a) aboard of education;
(b) any municipality or local board thereof;
(c) a place of worship exempt from taxation under s.3 of the
Assessment Act,-
(d)
ct;
(d) a public hospital under the Public Hospitals Act
(e) anon -residential farm building;
(f) temporary buildings or structures as defined herein;
(g) affordable housing as defined herein.
(3) This by-law shall not apply to non-residential uses as defined herein.
(4) This by-law shall not apply to lands designated as "Central Business
District" and Entrepreneurial District" in the County of Oxford Official Plan,
Schedule T-1, attached here as Schedule "C"..
RULES WITH RESPECT TO EXEMPTIONS FOR INTENSIFICATION OF
EXISTING HOUSING
5. (1) Notwithstanding Section 3 above, no development charge shall be
imposed with respect to developments or portions of developments as
follows:
(a) the enlargement of an existing residential dwelling unit;
M
(b) the creation of one or two additional residential dwelling units in
an existing single detached dwelling where the total floor area
of each additional unit does not exceed the total floor area of
the existing dwelling unit;
(c) the creation of one additional dwelling unit in any other existing
residential building provided the total floor area of the additional
unit does not exceed the smallest existing dwelling unit already
in the building.
(2) Notwithstanding subsection 4(1)(b), development charges shall be
calculated and collected in accordance with Schedule "B" where the
total residential total floor area of the additional one or two dwelling
units is greater than the total floor area of the existing single detached
dwelling unit.
(3) Notwithstanding subsection 4(1)(c), development charges shall be
calculated and collected in accordance with Schedule "B" where the
additional dwelling unit has a residential total floor area greater than,
(a) in the case of semi-detached house or multiple dwelling, the
total floor area of the smallest existing dwelling unit, and
(b) in the case of any other residential building, the residential total
floor area of the smallest existing dwelling unit.
DEVELOPMENT CHARGES IMPOSED
6. (1) Subject to subsection (2), development charges shall be calculated
and collected in accordance with the provisions of this by-law and be
imposed on land to be developed for residential use, where, the
development requires,
(i) the passing of a zoning by-law or an amendment thereto under
Section 34 of the Planning Act, R.S.O. 1990, c.P. 13;
(ii) the approval of a minor variance under Section 45 of the
Planning Act, R.S.O. 1990, c.P.13;
NOO
a conveyance of land to which a by-law passed under
subsection 49(7) of the Planning Act, R. S.O. 1990, c.P.13
applies;
(iv) the approval of a plan of subdivision under Section 51 of the
Planning Act, R.S.O. 1990, c.P. 13;
(v) a consent under Section 53 of the Planning Act, R.S.O. 1990,
c.P. 13;
(vi) -the approval of a description under Section 50 of the
Condominium Act, R.S.O. 1980, c.84; or
(vii) the issuing of a permit under the Building Code Act, in relation
to a building or structure.
(2) Subsection (1) shall not apply in respect to
(a) local services installed or paid for by the owner within a plan of
subdivision or within the area to which the plan relates, as a
condition of approval under Section 51 of the Planning Act,
R.S.O. 1990, c.P. 13;
(b) local services installed or paid for by the owner as a condition
of approval under Section 53 of the Planning Act, R.S.O. 1990,
c. P. 13.
LOCAL SERVICE INSTALLATION
7. Nothing in this by-law prevents Council from requiring, as a condition of an
agreement under Section 51 or 53 of the Planning Act, that the owner, at his
or her own expense, shall install or pay for such local services, within the
Plan of Subdivision or within the area to which the plan relates, as Council
may require.
MULTIPLE CHARGES
8. (1) Where two or more of the actions described in subsection 5(1) are
required before land to which a development charge applies can be
developed, only one development charge shall be calculated and
collected in accordance with the provisions of this by-law.
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(2) Notwithstanding subsection (1), if two or more of the actions described
in subsection 5(1) 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 on the
additional residential units shall be calculated and collected in
accordance with the provisions of this by-law.
SERVICES IN LIEU
9. (1) Council may authorize an owner, through an agreement under Section
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 against the development
charge in accordance with the agreement provisions and the
provisions of Section 39 of the Act, equal to the reasonable cost to the
owner of providing the services in lieu. In no case shall the agreement
provide for a credit that exceeds the total development charge payable
by an owner to the municipality in respect of the development to which
the agreement relates.
(2) In any agreement under subsection 8(1), Council may also give a
further credit to the owner equal to the reasonable cost of providing
services in addition to, or of a greater size or capacity, than would be
required under this by-law.
(3) The credit provided for in subsection (2) shall not be charged to any
development charge reserve fund.
FRONT -ENDING AGREEMENTS
10. Council may authorize a front -ending agreement in accordance with the
provisions of Part III of the Act, upon such terms as Council may require, in
respect of the development of land.
RULES WITH RESPECT TO RE -DEVELOPMENT
11. In the case of the demolition of all or part of a residential building or structure:
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(1) a credit shall be allowed, provided that the land was improved by
occupied structures within the five years prior to the issuance of the
building permit, and the building permit has been issued for the
development or redevelopment within five years from the date the
demolition permit has been issued; and
(2) if a development or redevelopment involves the demolition of and
replacement of a building or structure, or the conversion from one
principal use to another, 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.
12. A credit can, in no case, exceed the amount of the development charge that
would otherwise be payable, and no credit is available if the existing land use
is exempt under this by-law.
TIMING OF CALCULATION AND PAYMENT
13. (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 and defined by various references in the Development
Charges 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.
RESERVE FUNDS
14. (1) Monies received from payment of development charges under this by-
law shall be maintained in two separate reserve funds as follows: non -
discounted services of fire services, police services and roadways;
and discounted services of general government, library, recreation and
public works.
(2) Monies received for the payment of development charges shall be
used only in accordance with the provisions of Section 35 of the Act.
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(3) Council directs the Municipal Treasurer to divide the reserve funds
created hereunder into separate sub accounts in accordance with the
service sub -categories set out in Schedule "A" to which the
development charge payments shall be credited in accordance with
the amounts shown, plus interest earned thereon.
(4) 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.
(5) Where any unpaid development charges are collected as taxes under
subsection (4), the monies so collected shall be credited to the
development charge reserve funds referred to in subsection (1).
(6) The Treasurer of the Municipality shall, in each year commencing in
2010 for the 2009 year, furnish to Council a statement in respect of the
reserve funds established hereunder for the prior year, containing the
information set out in Section 12 of O.Reg. 82/98.
BY-LAW AMENDMENT OR APPEAL
15. (1) Where this by-law or any development charge prescribed thereunder
is amended or repealed either by order of the Ontario Municipal Board
or by resolution of the Municipal Council, the Municipal 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
with interest to be calculated as follows:
(a) Interest shall be calculated from the date on which the
overpayment was collected to the date on which the refund is
paid;
(b) The Bank of Canada interest rate in effect on the date of
enactment of this by-law shall be used.
(3) Refunds that are required to be paid under subsection (1) shall include
the interest owed under this section.
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BY-LAW INDEXING
16. The development charges set out in Schedule "B" to this by-law shall be
adjusted annually on April 1 of each year, without amendment to this by-law,
in accordance with the most recent twelve month change in the Statistics
Canada Quarterly, "Construction Price Statistics". The first adjustment under
this by-law will occur on April 1, 2010.
SEVERABILITY
17. In the event any provision, or part thereof, of this by-law is found by a court of
competent jurisdiction to be ultra vires, such provision, or part thereof, shall
be deemed to be severed, and the remaining portion of such provision and all
other provisions of this by-law shall remain in full force and effect.
HEADINGS FOR REFERENCE ONLY
18. The headings inserted in this by-law are for convenience of reference only
and shall not affect the construction or interpretation of this by-law.
BY-LAW REGISTRATION
19. A certified copy of this by-law may be registered on title to any land to which
this by-law applies.
BY-LAW ADMINISTRATION
20. This by-law shall be administered by the Municipal Treasurer.
SCHEDULES TO THE BY-LAW
21. The following Schedules to this by-law form an integral part of this by-law:
Schedule A - Schedule of Municipal Services Designated Under This By -
Law
Schedule B - Schedule of Development Charges
Schedule C - Map of Central Business District and Entrepreneurial District
DATE BY-LAW EFFECTIVE
22. This By-law shall come into force and effect on October 1, 2009.
SHORT TITLE
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23. This by-law may be cited as the "Town of Tillsonburg Development Charges
By-law, 2009.
READ a first and second time in Open Council this the 23 day of March, 2009.
READ a third time and passed in Open Council,,!Pis the 28 day of September,
2009.
Stephen Molnar, Mayor
Michael Graves, Clerk
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SCHEDULE "A"
TO BY-LAW NO. 3361
DESIGNATED MUNICIPAL SERVICES UNDER THIS BY-LAW
1. General Government
2. Library
3. Fire Protection
4. Police Protection
5. Parks and Recreation
6. Public Works
7. Parking
8. Roads and Related
9. Stormwater
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SCHEDULE "B"
TO BY-LAW NO. 3361
SCHEDULE OF DEVELOPMENT CHARGES
Residential Development Charges effective October 1, 2009, to March 31, 2010
Residential Unit Type
Apartments
Bachelor & 1
Single & Semi-
Detached
Other Multiples
2+ Bedrooms
Bedroom
GENERAL GOVERNMENT
$8
$7
$5
$4
LIBRARY
$292
$251
$180
$135
FIRE PROTECTION
$114
$98
$70
$53
POLICE PROTECTION
$20
$17
$12
$9
PARKS AND RECREATION
$577
$494
$356
$267
PUBLIC WORKS
$275
$236
$170
$127
PARKING
$100
$85
$61
$46
ROADS AND RELATED
$1,581
$1,355
$976
$732
STORMWATER
$5
$4
$3
$2
TOTAL CHARGE BY UNIT TYPE
$2,972
$2,546
$1,833
$1,375
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Residential Development Charges effective April 1, 2010 (subject to indexing)
Residential Unit Type
Apartments
Bachelor & 1
Single & Semi-
Detached
Other Multiples
2+ Bedrooms
Bedroom
GENERAL GOVERNMENT
$16
$14
$10
$7
LIBRARY
$585
$501
$361
$271
FIRE PROTECTION
$229
$196
$141
$106
POLICE PROTECTION
$40
$34
$25
$18
PARKS AND RECREATION
$11154
$989
$712
$534
PUBLIC WORKS
$550
$471
$339
$254
PARKING
$199
$171
$123
$92
ROADS AND RELATED
$3,163
$2,710
$1,951
$11463
STORMWATER
$9
$8
$6
$4
TOTAL CHARGE BY UNIT TYPE
$5,944
$5,093
$3,667
$29750
SCHEDULE "C"
TO BY-LAW NO. 3361
MAP OF CENTRAL BUSINESS DISTRICT AND ENTREPRENEURIAL
DISTRICT
SCHEDULE CHEDULE "T-1
TOWN OF TILLSONBU'RG
LA ND USE' PLA N
COUNITcar OXFORD
01"FICIA L PLA N
LAND USE PLAN
LEGEND
RESIDENTIAL
C E vTRAL.
: - 1�
TREPRENEURIAL
T RiCT
TVICE r;OMMERCIA.L.
rdil
fvl t . f
.MUNITY FA(�ItJl Y
iU8';:",l:..AL
RAIL BUFFER
EN SPACE
ViPONIVIENTAL
OTECTION
_1101)LINE
,LEND
BOUNDARY
N! R R 0 A D S
OTHER ROADS
PALWAY
WATERCOURSE
SCHEDULE "T-1"
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