HomeMy WebLinkAbout11 093 Municipality of Kincardine Development Charges 2011 By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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ask BY-LAW
NO. 2011 — 093
BEING A BY -LAW TO ESTABLISH DEVELOPMENT CHARGES FOR THE
CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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 Municipality of Kincardine
( "Municipality of Kincardine ") 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 Municipality of Kincardine 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 June 15, 2011;
AND WHEREAS the Council of the Municipality of Kincardine had before it a
report entitled Development Charges Background Study dated May 2011 (the
"Study ") prepared by Hemson Consulting Ltd., wherein it is indicated that the
• development of any land within the Municipality of Kincardine will increase the
need for services as defined herein;
AND WHEREAS following the Public Meeting, Council afforded the public an
additional period of time for the submission of further written representations;
AND WHEREAS Council has further considered the Study and the By -law in light
of the further written representations received;
AND WHEREAS Council on July 13, 2011, Council approved the Study and
determined that no further public meetings were required under Section 12 of the
Act.
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
DEFINITIONS
• 1. In this by -law,
(1) "Act" means the Development Charges Act, 1997, c. 27;
(2) "Agricultural use" means a bona fide farming operation;
(3) "All Other Units" means any dwelling unit that is not a single or
•
semi- detached housing unit;
(4) "Board of education" means a board defined in subsection 1(1) of
the Education Act, R.S.O. 1990, c. E.2, as amended, or success or
legislation;
(5) "Bona Fide Farm Use" means the proposed development will
qualify as a farm business operating with a valid Farm Business
Registration Number issued by the Ontario Ministry of Agriculture,
Food and Rural Affairs and be assessed in the Farmland Realty
Tax Class by the Municipal Property Assessment Corporation;
(6) "Building" means a structure consisting of a wall, roof, and floor or
any of them or a structural system servicing the function thereof,
and includes, but is not limited to, an above grade storage tank, air -
supported structures and industrial tents
• (7) `Building Code Act" means the Building Code Act, 1992, S.O. 1992,
c.23, as amended, or successor legislation;
(8) "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 to:
(a) acquire land or an interest in land, including a leasehold
interest;
(b) improve land;
(c) acquire, lease, construct or improve buildings and structures;
(d) 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.
(e) undertake studies in connection with any of the matters
referred to in clauses (a) to (d);
(f) 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.
(9) "Council" means the Council of The Corporation of the Municipality
of Kincardine;
• (10) "Development" means any activity or proposed activity in respect of
land that requires one or more of the actions referred to in section 6
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;
(11) "Development charge" means a charge imposed pursuant to this
By -law;
(12) "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;
(13) "Farm building" means a building or structure actually used as part
• of or in connection with a bona fide farming operation and includes
barns, silos and other buildings or structures ancillary to a bona fide
farming operation, but excluding a residential use;
(14) "Grade" means the average level of finished ground adjoining a
building or structure at all exterior walls;
(15) "Gross 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 a 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; and
• (b) where a building or structure does not have any walls the gross
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.
(16) "Industrial Building" means a building used for or in connection with,
(a) manufacturing, producing, processing, storing or distributing
something,
(b) research or development in connection with manufacturing,
producing or processing something,
(c) retail sales by a manufacturer, producer or processor of
something they manufactured, produced or processed, if the
retail sales are at the site where the manufacturing, production,
or processing takes place,
(d) office or administrative purposes, if they are,
• (i) carried out with respect to manufacturing, producing,
processing, storage or distributing of something, and
(ii) in or attached to the building or structure used for that
manufacturing, producing, processing, storage or
distribution.
• (17) "Institution" means any land, building, structure, or part thereof,
used by any organization, group, corporation or association, for the
promotion of charitable, educational, religious or benevolent
objectives and not for profit or gain;
(18) "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;
(19) "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,
(20) "Municipality" means The Corporation of the Municipality of
Kincardine;
(21) "Non- residential uses" means the use of lands, buildings or
structures for other than a residential use;
(22) "Official plan" means the Official Plan of the Municipality of
Kincardine and any amendments thereto;
(23) "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;
24 "Place of worship" means a building or structure, or
( ) " " P 9 part thereof, P
• that is exempt from taxation as a place of worship pursuant to
paragraph 3 of the Assessment Act, R.S.O. 1990, c. A. 31, as
amended, or successor legislation;
(25) "Planning Act" means the Planning Act, 1990, R.S.O. 1990, c.1, as
amended;
(26) "Redevelopment" means the construction, erection or placing of
one or more buildings or structures on land where all or part of a
building or structure has previously been demolished on such land,
or changing the use of a building or structure from a residential use
to a non - residential use or from a non - residential use to a
residential use, or changing a building or structure from one form of
residential use to another form of residential use or from one form
of non - residential use to another form of non - residential use;
• (27) "Regulation" means any regulation made pursuant to the Act;
(28) `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;
(29) "Semi- detached dwelling" means a building divided vertically into
two dwelling units each of which has a separate entrance and
access to grade;
(30) "Service" means services set out in Schedule "A" to this By -law,
and "services" shall have a corresponding meaning;
(31) "Single detached dwelling" means a completely detached building
containing only one dwelling unit;
DESIGNATION OF SERVICE
• 2. It is hereby declared by the Council of the Municipality that all
development and redevelopment of land within the Municipality will
increase the need for services.
3. The categories of service for which development charges are imposed
under this By -law are as follows:
a) Parks and Recreation
b) Water
c) Wastewater
4. A development charge shall include:
a) a charge in respect of Parks and Recreation;
b) if Water service is available, a charge in respect of Water; and
c) if Wastewater service is available, a charge in respect of
Wastewater.
• CALCULATION OF DEVELOPMENT CHARGES
5. (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 rates set out in Schedules "B ", "C ",
"D ", "E ", and "F" which relate to the services set out in Schedule
„
(2) The development charge with respect to the use of any land,
buildings or structures shall be calculated as follows:
(a) in the case of residential development or redevelopment, or
a residential portion of a mixed -use development or
redevelopment, the sum of the product of the number of
dwelling units of each type multiplied by the corresponding
• total amount for such dwelling unit type, as set out in
Schedules "B ", "C ", "D ", "E ", and "F ";
(b) in the case of non - residential development or
redevelopment, or a non - residential portion of a mixed -use
development or redevelopment, the development charge
• shall be the gross floor area of such area multiplied by the
corresponding total dollar amount per square metre of gross
floor area, as set out in Schedules "B ", "C ", "D ", "E ", and "F'
and
(3) Council hereby determines that the development or redevelopment
of land, buildings or structures for residential and non - residential
uses will require the provision, enlargement or expansion of the
services referenced in Schedule "A ".
PHASE -IN OF DEVELOPMENT CHARGES
6. The development charges imposed pursuant to this by -law are being
phased -in pursuant to Schedules "B ", "C ", "D ", "E ", and "F ", subject to the
exemptions and indexing provision herein, from the effective date of this
by -law.
• APPLICABLE LANDS
7. (1) Subject to Sections 8 and 9, 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) any non - residential development that is smaller than 232
square metres in gross floor area;
• (d) any non - residential industrial development;
(e) any non - residential institutional development;
(f) non - residential farm buildings;
(g) major office development;
(h) subdivision developments that have previously paid a
development charge, before the coming into force of a
development charge by -law prior to the enactment of the
Act, if the owner provides written proof of payment prior to
the payment of a development charge under this By -law;
(1) infill lots with services (water and /or wastewater) already
installed will be exempt from paying water and wastewater
charges only; and
• (9 current developments that have a Subdivision Agreement in
place and are required to pay the current capital and reserve
charge for water and wastewater.
RULES WITH RESPECT TO EXEMPTIONS FOR INTENSIFICATION OF
EXISTING HOUSING
• 8. (1) Notwithstanding the provisions of this By -law, 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 gross
floor area of each additional unit does not exceed the gross
floor area of the existing dwelling unit;
(c) the creation of one additional dwelling unit in any other
existing residential building provided the gross floor area of
the additional unit does not exceed the smallest existing
dwelling unit already in the building.
• (2) Notwithstanding subsection 8(1)(b), development charges shall be
calculated and collected in accordance with Schedules "B ", "C ", "D ",
"E ", and "F" where the total residential gross floor area of the
additional one or two dwelling units is greater than the total gross
floor area of the existing single detached dwelling unit.
(3) Notwithstanding subsection 8(1)(c), development charges shall be
calculated and collected in accordance with Schedules "B ", "C ", "D ",
"E ", and "F" where the additional dwelling unit has a residential
gross floor area greater than,
(a) in the case of semi - detached house or multiple dwelling, the
gross floor area of the smallest existing dwelling unit, and
(b) in the case of any other residential building, the residential
gross floor area of the smallest existing dwelling unit.
• DEVELOPMENT CHARGES IMPOSED
9. (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 and non-
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
• 10. 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
11. (1) Where two or more of the actions described in subsection 9(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 9(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 and non-
residential floor area, shall be calculated and collected in
accordance with the provisions of this by -law.
SERVICES IN LIEU
12. (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 which 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 12(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 12(2) shall not be charged to
any development charge reserve fund.
RULES WITH RESPECT TO RE- DEVELOPMENT
13. In the case of the demolition of all or part of a residential or non - 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:
(a) the number of dwelling units demolished /converted
multiplied by the applicable residential development charge
in place at the time the development charge is payable,
and /or
(b) the gross floor area of the building demolished /converted
multiplied by the current non - residential development charge
in place at the time the development charge is payable.
14. 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
• 15. (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 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, or in a
manner or at a time otherwise lawfully agreed upon.
(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.
(3) Notwithstanding subsection (1), the development charge shall be
payable with respect to an approval of a plan of subdivision under
Section 51 of the Planning Act immediately upon entering into an
agreement and with respect to a consent under Section 53 of the
Planning Act, immediately upon entering into a consent agreement
• and prior to final approval of the consent.
RESERVE FUNDS
16. (1) Monies received from payment of development charges under this
by -law shall be maintained in separate reserve funds as per the
services set out in Schedule "A ".
• (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) 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.
(4) Where any unpaid development charges are collected as taxes
under subsection (3), the monies so collected shall be credited to
the development charge reserve funds referred to in subsection (1).
(5) The Treasurer of the municipality shall, in each 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
17. (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 17(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; and
• (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 17(1) shall
include the interest owed under this section.
BY -LAW INDEXING
18. The development charges set out in Schedules "B ", "C ", "D ", "E ", and "F"
to this by -law shall be adjusted annually, as of January 1, 2012, without
amendment to this by -law, in accordance with the most recent twelve
month change in the Statistics Canada Quarterly, "Construction Price
Statistics ", Catalogue Number 62 -007.
SEVERABILITY
19. 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
20. 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
21. A certified copy of this by -law may be registered on title to any land to
which this by -law applies.
BY -LAW ADMINISTRATION
22. This by -law shall be administered by the Municipal Treasurer.
SCHEDULES TO THE BY -LAW
23. The following Schedules to this by -law form an integral part of this by -law:
Schedule "A "- Designated Municipal Services Under this By -Law
Schedule "B" - Development Charges effective the date the by -law
• comes into force to December 31, 2012
Schedule "C "- Development Charges effective January 1, 2013 to
December 31, 2013
Schedule "D "- Development Charges effective January 1, 2014 to
December 31, 2014
Schedule "E "- Development Charges effective January 1, 2015 to
December 31, 2015
Schedule "F" - Development Charges effective January 1, 2016 to
the expiry of the by -law
DATE BY -LAW EFFECTIVE
24. This By -law shall come into force and effect on July 13` 2011.
DATE BY -LAW EXPIRES
25. This By -law expires five years after the day on which it comes into force.
• SHORT TITLE
26. This by -law may be cited as the "Municipality of Kincardine Development
Charges 2011 By -law."
READ a FIRST and SECOND TIME this 13` day of July, 2011.
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. Mayor Clerk 0 ,QQ
READ a THIRD TIME and FINALLY PASSED this 13 day of July, 2011.
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•
SCHEDULE "A"
BY -LAW NO. 2011 - 093
DESIGNATED MUNICIPAL SERVICES UNDER THIS BY -LAW
• 1. Parks and Recreation
2. Water
3. Wastewater
•
•
•
SCHEDULE "B"
BY -LAW NO. 2011 - 093
• SCHEDULE OF DEVELOPMENT CHARGES EFFECTIVE THE DATE THE BY-
LAW COMES INTO FORCE TO DECEMBER 31, 2012
Residential Charge By Unit Type Non - Residential
Charge per
Service Singles& Square Metre of
Semis All Other Units Gross Floor
Area
Parks and Recreation $1,259 $883 $0.00
Water $2,017 $1,415 $11.51
Wastewater $3,635 $2,551 $20.74
• TOTAL CHARGE $6,911 $4,849 $32.25
•
•
SCHEDULE "C"
BY -LAW NO. 2011 - 093
• SCHEDULE OF DEVELOPMENT CHARGES EFFECTIVE JANUARY 1, 2013 TO
DECEMBER 31, 2013
Residential Charge By Unit Type Non - Residential
Charge per
Service Singles & Square Metre of
Semis All Other Units Gross Floor
Area
Parks and Recreation $1,385 $971 $0.00
Water $2,017 $1,415 $11.51
Wastewater $3,635 $2,551 $20.74
TOTAL CHARGE $7,037 $4,937 $32.25
•
0
411
SCHEDULE "D"
BY -LAW NO. 2011 - 093
• SCHEDULE OF DEVELOPMENT CHARGES EFFECTIVE JANUARY 1, 2014 TO
DECEMBER 31, 2014
Residential Charge By Unit Type Non - Residential
Charge per
Service Singles & Square Metre of
Semis All Other Units Gross Floor
Area
Parks and Recreation $1,524 $1,068 $0.00
Water $2,017 $1,415 $11.51
Wastewater $3,635 $2,551 $20.74
TOTAL. CHARGE I $7,176 $5,034 $32.25
•
•
1111
SCHEDULE "E"
BY -LAW NO. 2011 - 093
• SCHEDULE OF DEVELOPMENT CHARGES EFFECTIVE JANUARY 1, 2015 TO
DECEMBER 31, 2015
Residential Charge By Unit Type Non - Residential
Charge per
Service Singles& Square Metre of
Semis All Other Units Gross Floor
Area
Parks and Recreation $1,676 $1,175 $0.00
Water $2,017 $1,415 $11.51
Wastewater $3,635 $2,551 $20.74
TOTAL CHARGE $7,328 $5,141 $32.25
•
•
•
SCHEDULE "F"
BY -LAW NO. 2011 - 093
SCHEDULE OF DEVELOPMENT CHARGES EFFECTIVE JANUARY 1, 2016 TO
• THE EXPIRY OF THE BY -LAW
Residential Charge By Unit Type Non - Residential
Charge per
Service Singles & Square Metre of
Semis All Other Units Gross Floor
Area
Parks and Recreation $1,844 $1,293 $0.00
Water $2,017 $1,415 $11.51
Wastewater $3,635 $2,551 $20.74
TOTAL CHARGE
1 $7,496 $5,259 $32.25
•
•
•