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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; .. ./2 By-law No. 1991-83 Page 2 . 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 .. ./3 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. .. ./4 By-law No. 1991-83 Page 4 . 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. .. ./5 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. .. ./6 . 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. .. ./7 By-law No. 1991-83 Page 7 . 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. .. ./8 . . 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