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3837 To amend Zoning By-Law Number 3295, as amendedTHE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3827 A by-law to establish development charges for the Corporation of the Town of Tillson burg 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, 7997, 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 May 26, 2014; AND WHEREAS the Council of the Town of Tillsonburg had before it a report entitled Development Charges Background Study dated May 2014 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 May 26, 2014 approved the applicable Development Charges Background Study, dated May 2014, 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; 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, ii. furniture and equipment, other than computer equipment, and iii. 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); f) 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 Tillson burg; 9) "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, bu9iolding or structure except interior alterations to an existing building or structure which do not change or intensify the use of land; 10) "Development charge" means a charge imposed pursuant to this By-law; 11) "Dwelling unit" means a room or suite of rooms used, or designed or 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; 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, RS.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; "Single detached dwelling" means a completely detached building containing only one dwelling unit; 25) "Single detached dwelling" means a completely detached building containing only one dwelling unit; 26) "Temporary Dwelling Unit" means a dwelling unit, which is: • designed to be portable (e.g. mobile home); • clearly ancillary to, and fully detached from, an existing permanent dwelling unit located on the same lot; • only permitted to be in place for a limited period of time; and • subject to an agreement with the Town specifying the maximum period of time the dwelling unit is to be permitted and any other matters that may be deemed necessary or appropriate by the Town, such as installation, maintenance and removal provisions, financial security requirements and restrictions on occupancy.; 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". PHASING IN OF DEVELOPMENT CHARGES 3. The development charges imposed pursuant to this by-law are not being phased in. 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) a board 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) a public hospital under the Public Hospitals Act; e) a non-residential farm building; f) temporary buildings or structures as defined herein; g) affordable housing as defined herein. 2) This by-law shall not apply to non-residential uses as defined herein. 3) This by-law shall not apply to lands designated as "Central Business District" and Entrepreneurial Area" 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; 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 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; iii. a conveyance of land to which a by-law passed under subsection 50.(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 6(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. 2) Notwithstanding subsection (1 ), if two or more of the actions described in subsection 6(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 th is 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 Ill 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: 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 related to a building or structure on land to which a development charge applies. 2) Where development charges apply to land in related 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 bylaw 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, 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. 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 hall, in each year commencing in 2015 for the 2014 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. 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, 2015. 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 Bylaw Schedule B -Schedule of Development Charges Schedule C -Map of Central Business District and Entrepreneurial Area ---. -------------- DATE BY-LAW EFFECTIVE 22. This by-law shall come into force and effect on June 23, 2014. SHORT TITLE 23. This by-law may be cited as the "Town of Tillsonburg Development Charges By-law, 2014". READ a first and second time in Open Council this the 121h day of June, 2014. READ a third time and passed in Open Council this the 23rd day of June, 2014. Dave Beres, Mayor Donna Wilson, Clerk -------------------- 1. 2. 3. 4. 5. 6. SCHEDULE "A" TO BY-LAW NO. 3827 DESIGNATED MUNICIPAL SERVICES UNDER THIS BY-LAW General Government Fire Protection Parks and Recreation Public Works and Fleet Roads and Related Stormwater ·-----""-------------.. -----'~ SCHEDULE "B" TO BY-LAW NO. 3827 SCHEDULE OF DEVELOPMENT CHARGES Residential Development Charges Residential Charge By Unit Type Service Singles& Other Multiples Aparbnents Semis 2+ Bedrooms General Government $34 $32 $24 Fire Protection $444 $418 $304 Parks And Recreation $347 $327 $238 Public Works And Fleet $721 $679 $494 Subtotal General Services $1,546 $1,456 $1,060 Roads And Related $1,812 $1,707 $1,241 Stormwater $81 $77 $56 Subtotal Engineeling Services $1,893 $1,784 $1,297 TOTAL CHARGE PER UNIT $3,439 $3,240 $2,357 Aparbnents Bachelor or 1 Bedroom $18 $228 $178 $370 $794 $931 $42 $973 $1,767 SCHEDULE "C" TO BY-LAW No. 3827 SCHEDULE OF LANDS EXEMPT FROM THE TOWN DEVELOPMENT CHARGE BY-LAW COUNTY OF OXFORD -TOWN OF TILLSONBURG -LANDS TO WHICH BY-LAW 3827 DOES NOT APPLY FOR THE PURPOSES OF THE TOWN DEVELOPMENT CHARGE 8"--fgrdCoun~ r -growing stronger. .. together Produced By The Department of Corporate Services lnformatlonSystem5 ©2014 ------------