HomeMy WebLinkAboutKIN 91 083 Est Develop Charges
THE CORPORATION OF THE TOWN OF KINCARDINE
.
BY-LAW
BY-LAW NO. 1991-83
A BY-LAW TO ESTABLISH DEVELOPMENT CHARGES FOR THE CORPORATION
OF THE TOWN OF KINCARDINE.
s.O.
pass
land
would
WHEREAS subsection 3(1) of the Development Charges Act,
1989, chapter 58 enables the council of a municipality to
by-laws for the imposition of development charges against
located in the Town where the development of the land
increase the need for municipal services;
AND WHEREAS the Council for The Corporation of the Town of
Kincardine received the "Town of Kincardine Development Charges
study," dated september, 1991, as prepared by Marshall Macklin
Monaghan Limited, at a Council meeting on october 3, 1991 which
indicated that the development of any land within the Town of
Kincardine will increase the need for services;
AND WHEREAS the Council for The Corporation of the Town of
Kincardine, on October 17, 1991 adopted the committee of the
whole report dated October 10, 1991 in which certain
recommendations were made relating to the establishment of a
development charge policy for the Town of Kincardine under the
Development Charges Act, 1989, and thereby amended the charge
detailed in the "Town of Kincardine Development Charges study
dated september, 1991" by Marshall Macklin Monaghan Limited.
AND WHEREAS the Council for The Corporation of the Town of
Kincardine has given notice and held a public meeting in
accordance with section 4 of the Development Charges Act, 1989,
of its intention to pass a by-law under section 3 of the said
Act.
AND WHEREAS subsection 165(3) of the Municipal Act, R.S.O.
1980, chapter 302 provides that a council may by by-law provide
that instead of a separate account being kept for each reserve
fund, a consolidated account may be kept;
NOW THEREFORE the Council for The corporation of the Town
of Kincardine ENACTS as follows:
General Definitions
1. In this By-law,
.
1.2 "Corporation" means The Corporation of the Town of
Kincardine;
1.3 "development" means the construction, erection or
placing of one or more buildings or structures on
land or the making of an addition or alteration to a
building or structure that has the effect of
increasing the size thereof, and includes
redevelopment;
1.4 "development charge" means a charge imposed with
respect to growth-related net capital costs against
land under this By-law;
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By-law No. 1991-83
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1. 5 "local board" mean~ a public utility commission,
transportation comm~ssion, public library board,
board of park management, local board of health,
police services boaräs, planning board, or any other
board, commission, committee, 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
Corporation;
1.6 "Town" means Town of Kincardine;
1.7 "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;
1.8 "services" means services designated in Part II of
this By-law.
PART I
APPLICATION
General Application
2.
subject
lands
exempt
Act.
to sections 3 and 4, this By-law applies to all
in the Town, whether or not the land or use is
from taxation under section 3 of the Assessment
3. This By-law shall not apply to land that is owned by and
used for the purposes of,
3.1 a board of education as defined by subsection 29(1)
of the Development Charges Act, 1989;
3.2 Town of Kincardine or any local board thereof;
3.3 buildings or structures used as a place of worship
and every churchyard, cemetery and burying ground.
4. Agricultural uses shall be exempted from this By-law.
4.1 "agricultural
operation.
4.2 Barns, silos and other ancillary development to an
agricultural use except a residential use shall be
exempt from the provisions of this By-law.
use"
means a bona fide
farming
5. Development charges shall be imposed upon and shall be
calculated and collected in accordance with the prov~s~ons
of this By-law in connection with the development of all
land within the Town for residential uses, where
5.1 the development requires,
5.1.1
the approval of a by-law (removal of part
lot control) passed under subsection 49(7)
of the Planning Act, 1983 which would
provide the opportunity for additional
development;
the approval of a plan of subdivision under
section 50 of the Planning Act, 1983;
a consent under section 52 of the Planning
Act, 1983;
.
5.1.2
5.1.3
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By-law No. 1991-83
Page 3
5.1. 4
the approval of a description
50 of the Condominium Act; or
the issuing of a permit under
Code Act in relation to a
structure.
under section
5.1.5
the Building
building or
.
PART II
RESIDENTIAL DEVELOPMENT CHARGES
Definitions
6. In this part,
6.1 "apartment" means a residential building that
contains five or more dwelling units which have
separate entrances or a common entrance from street
level serviced by a common corridor or a mobile
dwelling unit connected to public services (sewer
and/or water);
6.2 "duplex dwelling" means a residential building that
is divided horizontally into two dwelling units each
of which has an independent entrance either directly
from the outside or through a common vestibule;
6.3 "dwelling unit" means a private suite of two or more
rooms designed or intended for occupation by one or
more persons, in which sanitary conveniences are
provided, and in which facilities are provided for
cooking or the installation of cooking equipment, and
in which a heating system is provided, and containing
a private entrance from outside the building or from
a common hallway, vestibule, or stairway inside.
6.4 "gross floor area" means the total area of all floors
above grade of a dwelling unit measured between the
outside surfaces of exterior walls or between the
outside surfaces of exterior walls and the centre
line of party walls dividing the dwelling unit from
another dwelling unit or other portion of a building;
6.5 "multiple dwelling" means all dwellings other than
single family, semi-detached, or link semi-detached
dwellings, apartment units, or mobile dwelling units,
and includes a duplex, triplex, quadriplex, row,
townhouse, stack or similar low-rise ground-oriented
multiple dwelling.
6.6 "residential" means one or more dwelling units
designed, adapted or used as a home or residence of
one or more individuals, and shall include a single
detached dwelling, a semi-detached dwelling, a row
dwelling, a townhouse, link semi-detached, stack or
similar low-rise ground-oriented multiple dwelling;
a duplex, triplex, quadruplex and an apartment;
.
6.7 "semi-detached" means a residential building that is
divided vertically into two dwelling units, each
dwelling unit having one or two vertical walls, but
no other parts, attached to another structure and
each of which has an independent entrance either
directly from the outisde or through a common
vestibule.
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By-law No. 1991-83
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6.8 "row dwelling" means a residential building that is
divided vertically into three or more dwelling units,
each dwelling unit having one or two vertical walls,
but no other parts, attached to another structure,
and each of which has independent entrances to a
front and/or rear yard immediately abutting the front
and/or rear walls of each dwelling unit.
6.9 "single detached dwelling" means a dwelling house
containing one dwelling unit.
6.10
"townhouse
containing
each unit
walls with
dwelling"
not less
separated
a separate
means a residential building
than three dwelling units with
by a common or party wall or
outside entrance to each unit;
6.11 "triplex dwelling" means the whole of a dwelling
house that is divided horizontally into three
separate dwelling units each of which has an
independent entrance either directly from the outside
or through a common vestibule.
6.12 "quadruplex dwelling" means a pair of two attached
duplex dwelling houses or four single dwelling units
where each of the dwelling units has an independent
entrance either directly from the outside or through
a common vestibule or stairway.
Designated Services for Development Cbanes:
7.
Development charges imposed
residential use shall be
designated services provided
upon land to be developed for
based upon the following
by the Corporation:
7.1 sanitary sewerage services for collection and
treatment of waste where the prov~s~on of such
services are the responsibility of the Corporation;
7.2 water supply, treatment and distribution where such
services are the responsibility of the Corporation or
of the Town of Kincardine Public utilities
commission;
7.3 transportation services including, as required,
drainage, streetlighting, intersections, landscaping
and traffic control devices where such services are
the responsibility of the Corporation;
7.4 Police Protection where such services are the
responsibility of the Corporation;
7.5
Fire Department, Library, Parks and
Davidson Centre, Garbage Collection
Disposal serv~ces where such services
responsibility of the Corporation;
Recreation,
and Waste
are the
Amount of tbe Residential Development Cbane:
.
8.
Subject to the provisions in this By-law, development
charges imposed upon land to be developed for residential
use shall be calculated in accordance with Schedule "A" to
this By-law until December 31, 1992; in accordance with
Schedule "B" to this By-law for the period from January 1,
1993 until December 31, 1993; and in accordance with
Schedule "c" to this By-law for the period of three years
from January 1, 1994 to the expiry date as defined in
Section 24.
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By-law No. 1991-83
page 5
9.1
. 9.2
9.3
Specific Exemptions
9. Subject to the following sections 10, 11 and 12, section 8
shall not apply in respect of the creation of,
enlargement of an existing dwelling unit without the
creation of additional dwelling units;
one or more additional dwelling units in an existing
single detached dwelling; or
an additional dwelling unit in any other existing
residential building.
10. Notwithstanding subsection 9.2, development charges shall
be calculated and collected in accordance with section 8
where the total gross additional floor area of the
additional units is greater than the total gross floor
area of the existing dwelling unit.
11. Notwithstanding subsection 9.3, development charges shall
be calculated and collected in accordance with section 8
where the additional unit has a gross floor area greater
than,
11.1
in
row
any
the case of a semi-detached,
or townshouse dwelling, the
existing dwelling unit, and
triplex, quadruplex,
gross floor area of
11.2 in the case of any other residential
gross floor area of the smallest
contained in the residential building.
building,
dwelling
the
unit
12. Where the existing development on a site is demolished
(within 24 months of the application for a building permit
for redevelopment) and the site is redeveloped, the
development charge that would have applied to the existing
structure had it been newly constructed at the time of
construction of the redevelopment project, shall be
credited to the development charge due.
PART III
ADMINISTRATION
Timlnll and Calculation and Payment
.
13. Development charges shall be calculated and payable:
13.1 The development charge shall be calculated by the
Corporation as of, and shall be payable on or before,
the date a building permit is issued in relation to a
building or structure on land to which the
development charge applies.
13.2 Notwithstanding the provisions of subsection 13.1,
the development charge for the services of PUC water,
sewerage and transportation shall be payable with
respect to an approval of a plan of subdivision under
Section 50 of the Planning Act, 1983 immediately upon
entering into the subdivision agreement and subject
to any exemption set out in this By-law shall be
calculated in accordance with the applicable schedule
as identified under Section 8 based upon the number
and type of dwelling unit(s). Where a block is shown
on the proposed plan of subdivision, the maximum
number of dwelling units permitted under the then
applicable zoning shall be the basis for
determination of the number and type of dwelling
units.
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By-law No. 1991-83
Page 6
13.3 Where a portion of the development charge has been
paid in accordance with Section 13.2 above, the
balance shall be payable on or before the date of the
issuance of the building permit and where it is
determined that the number and type of dwelling units
has changed since the date of payment in accordance
with section 13.2 above, the Corporation shall refund
the overpayment or the applicant shall make
additional payment for the units and any refund or
additional payment shall be made in accordance with
the same schedule under which the intial payment was
made.
13.4 Notwithstanding subsections 13.1, 13.2, and 13.3 an
owner and the Corporation may enter into an agreement
respecting the timing of the payment of a development
charge, or a portion thereof, in accordance with the
corporation's policy on phased payments as amended
from time to time, or for the provision of services
in lieu of payment of all or any portion of a
development charge pursuant to subsection (4), (8) or
(9) of section 9 of the Development Charges Act, 1989
and the terms of such agreement shall than prevail
over the provisions of this By-law.
Pavment bv Monev or tbe Provision of Services:
14. Payment of development charges shall be to the Corporation
by cash or by certified cheque.
14.1 by cash or certified cheque; or,
14.2 the Corporation may, by an agreement
with the owner, accept the provision of
full or partial satisfaction of the
charge otherwise payable.
entered into
services in
development
Payment onlv for Services Available:
15. Where water and/or sewerage services are not available at
the time of issuance of a building permit for residential
unit(s), the development charge shall be computed
excluding the component of the charge for the service that
is not provided.
16. Where development charges apply, the building permit shall
not be issued until proof is provided, satisfactory to the
Treasurer of the Corporation, that the Development Charge
has been paid in full.
Refunds of Development Cbarlles:
17. Refunds that are required to be paid under subsection 13.3
shall be paid with interest to be calculated as follows:
.
17.1 Interest shall be calculated from the date on
the overpayment was collected to the date on
the refund is paid;
17.2 The refund shall include the interest owed under this
section;
which
which
17.3 Interest shall be paid at the Bank of Canada rate in
effect on the later of,
17.3.1 the date of enactment of this By-law, or
17.3.2 the date of the last quarterly adjustment
thereto, in accordance with the provisions of
section 18.
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By-law No. 1991-83
Page 7
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18. The Bank of Canada interest rate in effect on the date of
enactment of this By-law shall be adjusted on the first
business day of January, 1992 to the rate established by
the Bank of Canada at the close of that day, and shall be
adjusted quarter-yearly thereafter on the first business
day of January, April, July and October to the rate
established by the Bank of canada at the close of the day
of the adjustment.
Credits for Development Cbane and Impost Fees
Prevlouslv Paid or Allreed To:
19.
Where a development
previously paid or
credits shall apply:
19.1 If proof of full payment, prior to the coming into
force of this By-law, satisfactory to the Treasurer
of the Corporation is provided, no further
development charge will be due as a result of this
By-law for dwelling units for which such payment has
been received.
charge
agreed
or
to be
impost
paid,
fee
the
has been
following
19.2 If full payment has been agreed to but has not yet
been received by the Corporation, credits for
transportat~on, waste disposal, sewerage and PUC
water serv~ces will be provided for dwelling units
for which such payment has been agreed to but not yet
been received by the Corporation at the date of
passage of this By-law.
Indexlnl! of Development Cbane
20. The development charges detailed in Schedules A, Band C
will be indexed annually, without amendment to this
By-law, from the date of the passage of this By-law in
accordance with the most recently published Composite
Southam Construction Cost Index, Ontario series using as a
base the last published index prior to the effective date
of the By-law.
Administration of tbe Bv-Iaw
21. This By-law shall be administered by the corporation.
Consolidated Acconnt:
.
22. Development charge payments received by the corporation
shall be maintained in a separate reserve fund or funds,
provided however that instead of a separate account being
kept for each reserve fund, a consolidated account may be
kept in which there may be deposited the moneys raised for
all development charges established by the corporation,
but which consolidated account shall be so kept that it
will be possible to determine therefrom the true state of
Aach reserve fund.
Date Bv-Law Effective:
23. This By-law shall come into force and effect on the day
after the date of its enactment.
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By-law No. 1991-83
Page 8
Date By-Law Expires:
24. This By-law shall continue in force and effect for a
period not to exceed five (5) years from the date of its
enactment, unless it is repealed at an earlier date by
subsequent By-law. ~ " "
lJ.¡) '!ð
Scbedules:
25. Schedules A, Band C form an integral part of this By-law.
Sbort Form:
26. This By-law may be cited as the "Kincardine Development
Charges By-law".
READ a FIRST and SECOND time this 17th day of october, 1991.
READ a THIRD time and FINALLY PASSED this 7th day of November,
1991.
l 0 (;'
j fJ¡ULd/ /J (C¡l:rb~L
Mayor
.
.
SCHEDULE "A"
BY-LAW NO. 1991-83
DEVELOPMENT CHARGES EFFECTIVE AS OF
THE DATE OF PASSAGE OF THE BY-LAW
UNTIL DECEMBER 31, 1992
Single and
Semi-Detached Multiple
Dwellings * Dwellings* Apartments *
TVDe of Service S / unit S / unit S / unit
Transportation 702.28 521.05 385.12
Sewerage 1,093.59 811.36 599.71
PUC Water 894.05 663.33 490.28
Garbage Collection 139.94 103.82 76.74
Waste Disposal 88.11 65.37 48.32
Police 17.10 12.69 9.38
Fire Department 111. 43 82.68 61.11
Parks and Recreation 147.71 109.59 81. 00
Davidson Centre 233.23 173.04 127.90
Library 72.56 53.84 39.79
Total 3,500.00 2,596.77 1,919.35
* please refer to definitions section of by-law
·
'.
SCHEDULE liB II
BY-LAW NO. 1991-83
DEVELOPMENT CHARGES EFFECTIVE AS OF
JANUARY 1, 1993 TO DECEMBER 31, 1993
single and
Semi-Detached Multiple
Dwellings* Dwellings* Apartments*
TVDe of Service S / unit S / unit S / unit
Transportation 1,003.26 744.35 550.17
Sewerage 1,562.26 1,159.10 856.73
PUC Water 1,277.21 947.61 700.41
Garbage Collection 199.91 148.32 109.63
Waste Disposal 125.87 93.39 69.03
Police 24.43 18.13 13.40
Fire Department 159.19 118.11 87.30
Parks and Recreation 211.02 156.56 115.72
Davidson Centre 333.19 247.20 182.71
Library 103.66 76.91 56.84
Total 5,000.00 3,709.68 2,741.94
Note: the charge shall be indexed from that shown in this
schedule as per section 20 of this By-law.
* please refer to definitions section of by-law
.
.
SCHEDULE "C"
BY-LAW NO. 1991-83
DEVELOPMENT CHARGES EFFECTIVE AS OF
JANUARY 1, 1994
Single and
Semi-Detached Multiple
Dwellings * Dwellings* Apartments*
TVDe of Service S / unit S / unit S / unit
Transportation 1,304.24 967.66 715.23
Sewerage 2,030.96 1,506.83 1,113.74
PUC Water 1,660.37 1,231.89 910.53
Garbage Collection 259.88 192.82 142.52
Waste Disposal 163.63 121. 40 89.73
Police 31.76 23.57 17.42
Fire Department 206.95 153.54 113.49
Parks and Recreation 274.32 203.53 150.43
Davidson Centre 433.14 321. 36 237.53
Library 134.75 99.98 73.90
Total 6,500.00 4,822.58 3,564.52
Note: the charge shall be indexed from that shown in this
schedule as per section 20 of this By-law.
* please refer to definitions section of by-law