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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2021-036
A By-Law to amend Development Charges By-Law 4315 for the Town of
Tillsonburg.
WHEREAS Section 19 of the Development Charges Act, 1997, S.O. 1997, c27 (“the
Act”) provides for amendments to be made to development charges by-laws;
AND WHEREAS the Council of the Corporation of the Town of Tillsonburg (hereinafter
called “the Council”) has determined that certain amendments should be made to the
Development Charge By-law of the Corporation of the Town of Tillsonburg, being By-
law 4315;
AND WHEREAS, in accordance with the Act, a development charges background
study has been completed in respect of the proposed amendment;
AND WHEREAS the Council of the Corporation of the Town of Tillsonburg has given
notice and held a public meeting in accordance with the Act; and
AND WHEREAS the Council, at its meeting of March 22, 2021, approved a report
dated January 21, 2021 entitled “2021 Development Charge Update Study”.
NOW THEREFORE THE COUNCIL OF THE TOWN OF TILLSONBURG ENACTS
AS FOLLOWS:
1. By-law 4315 is hereby amended as follows:
a. Section 4 is deleted and replaced with the following:
(1) Notwithstanding Section 3 above, no Development Charges shall be
imposed with respect to Developments or portions of Developments as
follows:
(a) The enlargement of an existing dwelling unit;
(b) the creation of a maximum of two additional dwelling units in an
existing single detached dwelling or structure ancillary to such
dwelling. The total gross floor area of the additional dwelling unit or
units must be less than or equal to the gross floor area of the
dwelling unit already in the existing residential building/dwelling;
(c) the creation of additional dwelling units equal to the greater of one or
1% of the existing dwelling units in an existing residential rental
building containing four or more dwelling units or within a structure
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ancillary to such residential building;
(d) the creation of one additional dwelling unit in any other existing
residential building/dwelling or within a structure ancillary to such
residential building/dwelling. The gross floor area of the additional
dwelling unit must be less than or equal to the gross floor area of the
smallest dwelling unit already in the existing residential
building/dwelling; or
(e) the creation of a second dwelling unit in a proposed new Single
Detached, Semi-Detached or Row Townhouse dwelling or in a
building ancillary to such dwelling, subject to the following
restrictions:
(2) For the purposes of Subsection 4(1) “existing residential building/dwelling”,
means:
(a) A residential building/dwelling, containing at least one dwelling
unit, that existed on a parcel of land as of April 1, 2021 and which
was not exempt from the payment of development charges
pursuant to Section 2(3)(b) of the Act; or
(b) The first residential building/dwelling, containing at least one
dwelling unit, constructed on a vacant parcel of land after April 1,
Item
Name of Class of
Proposed New
Residential Buildings
Description of Class of Proposed New
Residential Buildings Restrictions
The proposed new detached dwelling must only contain two
dwelling units.
The proposed new detached dwelling must be located on a
parcel of land on which no other detached dwelling, semi-
detached dwelling or row dwelling would be located.
The proposed new semi-detached dwelling or row dwelling
must only contain two dwelling units.
The proposed new semi-detached dwelling or row dwelling
must be located on a parcel of land on which no other
detached dwelling, semi-detached dwelling or row dwelling
would be located.
The proposed new detached dwelling, semi-detached dwelling
or row dwelling, to which the proposed new residential building
would be ancillary, must only contain one dwelling unit.
The gross floor area of the dwelling unit in the proposed new
residential building must be equal to or less than the gross
floor area of the detached dwelling, semi-detached dwelling or
row dwelling to which the proposed new residential building is
ancillary.
3
Proposed new residential
buildings that would be
ancillary to a proposed new
detached dwelling, semi-
detached dwelling or row
dwelling
Proposed new residential buildings that would be
ancillary to a proposed new detached dwelling,
semi-detached dwelling or row dwelling and that
are permitted to contain a single dwelling unit.
1 Proposed new detached
dwellings
Proposed new residential buildings that would not
be attached to other buildings and that are
permitted to contain a second dwelling unit, that
being either of the two dwelling units, if the units
have the same gross floor area, or the smaller of
the dwelling units.
2
Proposed new semi-
detached dwellings or row
dwellings
Proposed new residential buildings that would
have one or two vertical walls, but no other parts,
attached to other buildings and that are permitted
to contain a second dwelling unit, that being either
of the two dwelling units, if the units have the
same gross floor area, or the smaller of the
dwelling units.
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2021, and for which development charges were paid.
(3) In addition to the restrictions outlined in Subsection 4(1)(e), for the purposes
of the exemption for an additional residential unit in a building ancillary to a
proposed new Single Detached, Semi-Detached or Row Townhouse
Dwelling, the proposed new Single Detached, Semi-Detached or Row
Townhouse Dwelling must be located on a parcel of land on which no other
Single Detached, Semi-Detached or Row Townhouse dwelling is or would
be located.
(4) For the purposes of Subsection 4(1)(e), “parcel of land” means a lot or block
within a registered plan of subdivision or draft plan of subdivision or any
land that may be legally conveyed under the exemption provided in clause
50 (3) (b) or clause 50 (5) (a) of the Planning Act.
b. The following Subsections are added to Section 5 of the by-law:
(5) Notwithstanding Subsection 5(1), development charges for rental
housing and institutional developments are due and payable in 6 equal
installments commencing with the first installment payable on the date of
occupancy, and each subsequent installment, including interest, payable
on the anniversary date each year thereafter.
(6) Notwithstanding Subsection 5(1), development charges for non-profit
housing developments are due and payable in 21 installments
commencing with the first installment payable on the date of occupancy,
and each subsequent installment, including interest, payable on the
anniversary date each year thereafter.
(7) Notwithstanding subsections 5(1) and 5(3), where the development of
land results from the approval of a Site Plan or Zoning By-law
Amendment application received on or after January 1, 2020, and the
approval of the application occurred within 2 years of building permit
issuance, the Development Charges under Section 2 shall be calculated
based on the rates set out in Schedule “B” on the date of the planning
application. Where both planning applications apply, Development
Charges under Section 2 shall be calculated on the rates set out in
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Schedule “B” on the date of the later planning application.
(8) Interest for the purposes of Subsections 5(5) and 5(6) shall be
determined as the Bank of Canada Prime Interest Rate plus 2% as at the
April 1st immediately prior to:
(a) The date of building permit issuance for installment payments
under Section 26.1 of the Act for rental housing, institutional
development, and non-profit housing;
(9) Notwithstanding Subsection 5(8), the interest rate shall not be less than
0%.
(10) For the purposes of Subsection 5(5) “institutional development” 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
Retirement Homes Act, 2010.
(c) By any institution of the following post-secondary institutions for the
objects of the institution:
(i) a university in Ontario that receives direct, regular and
ongoing operation 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 Institute 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;
(11) For the purposes of Subsection 5(5) “Rental housing” means
development of a building or structure with four or more dwelling units all
of which are intended for use as rented residential premises;
(12) For the purposes of Subsection 5(6) “Non-profit housing development”
By-Law 2021-036
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
objective is to provide housing;
(b) a corporation without share capital to which the Canada Not-for-
profit Corporation Act applies, that is in good standing under that
Act and whose primary objective is to provide housing; or
(c) a non-profit housing co-operative that is in good standing under
the Co-operative Corporations Act;
c. The following paragraph is added to Subsection 3 (2) of the by-law:
(e) land vested in or leased to a university that receives regular and
ongoing operating funds from the government for the purposes of
post-secondary education if the development in respect of which
development charges would otherwise be payable is intended to
be occupied and used by the university.
d . Schedule "A " is deleted and the attached Schedule "A " substitutes therefore.
e. Schedule "B" is deleted and the attached Schedule "B" substitutes therefore .
f. This By-law shall come into force and effect on April 1, 2021.
READ A FIRST SECOND TIME THIS 22nd day of MARCH, 2021.
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SCHEDULE A
DESIGNATED MUNICIPAL SERVICES UNDER THIS BY-LAW
(1) Roads and Related Services
(2) Fire Services
(3) Police Services
(4) Parks & Recreation Services
DESIGNATED MUNICIPAL CLASSES OF SERVICES UNDER THIS BY-LAW
(1) Growth-Related Studies
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SCHEDULE B
SCHEDULE OF DEVELOPMENT CHARGES
Single and Semi-
Detached Dwelling
Apartments - 2
Bedrooms +
Apartments -
Bachelor and 1
Bedroom
Other Multiples (per m 2 of Gross
Floor Area)
(per Wind
Turbine)
Municipal Wide Services/Class of Service:
Roads and Related 4,462 2,379 1,609 2,803 19.86 4,462
Fire Services 550 293 198 346 2.57 550
Police Services 47 25 17 29 0.22 47
Parks & Recreation 1,172 625 423 736 1.02
Growth-Related Studies 297 158 107 187 1.35 297
Total 6,528 3,480 2,354 4,101 25.01 5,356
Service/Class
RESIDENTIAL NON-RESIDENTIAL