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HomeMy WebLinkAboutTWP 92 005 Est. Dev. Chrge TWP .. . ....~ - .A.,' , .- . · · · ~- - ~ BY·LAW NO. 9,;/-05 / of TIlE TOWNSHIP OF KINCARDINE A BY-LAW to establish Development Charges for the Township of Kincardine. WHEREAS the Township of Kincardine (the "Township") has and will continue to experience growth through development of land which will increase the need for services provided by the Township; AND WHEREAS ss. 3(1) of the Develooment Char:es Act. 1989, S.O. 1989, c. 58 (the "DCA") empowers the Council of the Township to pass By-laws for the imposition of Development Charges against land located in the municipality if the development of land would increase the need for services; AND WHEREAS the Township has undertaken a study to examine the forecasted development for the municipality and the growth related net capital costs at specified service standards associated with projected development within a timeframe of ten (10) years and to determine the uses and areas within the municipality in which development will increase the need for services, which study resulting therefrom has been considered and approved by the Council of the Township. AND WHEREAS the Council of the Township has held a public meeting in accordance with s. 4 of the DCA notice of which was given on December 11, 1991, and which was held on January 7, 1992, prior to and at which Council of the Township provided information sufficient for the public to understand the Development Charge proposal and at which it heard all persons who applied to be heard whether in objection to or support of the said proposal; NOW THEREFORE the Corporation of the Township of Kincardine by its Council hereby enacts as follows: DEFINITIONS: 1. In this By-law: (a) Any term used herein that is defined in the Develooment Char:es Act or Regulation shall bear the same meaning as in the DCA or Regulation; (b) "AccessOlY Use" means a use, building or structure subordinate, incidental and devoted exclûsively to the main use, building or structure located on the same lot therewith and not used for human habitation; (i) (ii) "Board" has the same meaning as in ss. 30(6) of the DCA; (iii) "Development" means any activity or proposed activity in respect of land that requires one or more of the actions referred to in 88. 3(1) of the DCA and includes the establishment of a trailer or mobile home park, 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. Development shall also include redevelopment; (iv) "Develooment Chal'Pe!l Act. 1989 (DCA)" means S.D. 1989,~. 58; 1 .'!-tt ~. '-... ~ · · · · , f . . (v) "Development Charges (DC)" means a charge imposed pursuant to this By-law; (vi) "Duplex Dwelling" means a building that is divided horizontally into two (2) dwelling units, each of which has an independent entrance either directly or through a common vestibule; (vii) "Dwelling Unit" means a room or rooms occupied or capable of being occupied by individuals as an independent and separate housekeeping establishment and having self-containing culinary and sanitary facilities; (viii) "Farm" means a parcel of land on which the principal use is Farming; (ix) "Fanning" means the production of plants and animals useful to man including the breeding, raising or maintaining of livestock, fur farming, fruit growing, the keeping of bees, fish farming, greenhouse farming; vegetable growing, Christmas tree growing and sod farming; (x) "Gross Door Area (GFA)" means the total Door area of a building or structure measured from the exterior faces of outside walls and/or the centre line of any partition walls and in the case of a Dwelling Unit or Single Detached Dwelling includes only those areas above grade. Where a structure does not contain one or more walls, the GFA shall be equal to the area of land occupied by such structure from a plan view including areas above and below grade. The GFA shall not include any area which is specifically designed for parking, and which is not being used for the repair or the public sale of vehicles; (xi) "Lot Area" means the total horizontal area within the lot lines of a lot, excluding the horizontal area of such lot covered by water; (xii) "Multiple Dwelling" means a building that contains three (3) or more dwelling units and for the purposes of the By-law includes a triplex or fourplex dwelling, a dwelling with greater than two (2) units, a townhouse dwelling, and a lodging and/or boarding house; (xiii) "Non-Residential Development" means the Development of land for a principal use other than Residential Use but does not include the Non-Residential component of a Farm; (xiv) "Non-Residential Use" means all commercial, industrial, institutional and other uses not included in the definition of Residential Use; (xv) "Planninl!: Act" means S.D. 1983, c. 1 as amended; (xvi) "Pre-Existing Development" means a use of land (number of dwelling units) existing on the land at the time a DC is payable in respect of the Development of the land or at any time in the five (5) years prior thereto; 2 .~ ,\.' " "', · · · · . . (xvii) "Principle Use" means a Residential or Non-Residential Use that forms or is permitted by applicable area municipal Zoning By-laws to form a main, primary, or major use of a property as a result of a Development or proposed Development. Residential and Non-Residential Uses occurring on the same land shall be deemed to be Separate Principal Uses for the purpose of assessing a DC; (xviii) "Redevelopment Allowance" means an allowance made in the calculation of an applicable DC as provided for in s. 4 of the By-law; (xix) (xx) "Regulation" means O. Reg. 725/89; "Residential Development" means the Development of land for which the Principal Use is a Residential Use including a farm dwelling; (xxi) "Residential Use" is the use of land, buildings or structures for one (1) or more Dwelling Units; (xxii) "Semi-Detached Dwelling" means a separate building divided vertically into not more than two (2) dwelling units, each of which may be held in separate ownership, and which building is used by not more than two (2) families. (xxiii) "Services" means the services listed in Schedule "B" to this By- law but does not include any services mentioned in ss. 3(7) of the DCA; (xxiv) "Services in Lieu" means those services specified in an agreement made under ss. 13(1), 13(2) or 14(2) of the DCA; (xxv) "Servicing Agreement" means any agreement entered into in connection with and as a requirement of any Development of land including an agreement under s. 50 or s. 52 of the Plannin¡: .Ad but not including an agreement under s. 40 of the Planning .Ad; (xxvi) "Single-Detached Dwelling (Single)" means a separate building containing not more than one (1) dwelling unit and shall include a modular or mobile home located on a permanent foundation and connected to sanitary, water or electrical utilities. (xxvii) "Township" means the Corporation of the Township of Kincardine; (xxviii) "Townhouse Dwelling" means a separate building divided vertically into three (3) or more dwelling units and for the purposes of this By-law, shall include rowhouse, triplex, maisonette, street townhouse and group dwellings. APPLICATION AND EXEMPTIONS: 2. (1) Subject to ss. (4) of this section, this By-law applies to all lands in the Township hereto whether or not the land or the use thereof is exempt from taxation under s. 13 of the Assessment Act, R.S.O. 1980, c. 31; 3 ., .. ~ " ...... , . . (2) The Services to which the DC may be imposed are those listed in Schedule "8" to this By-law; · Council hereby imposes the Des detailed in Schedule "B" for those use designations which are also identified on Schedule "ß" upon the Development of land which will increase the need for services; (3) (4) This By-law does not apply to: · (a) The development of land that is owned by and used for the purposes of: (i) The Township of Kincardine or any local Board thereof; (ii) A Board of Education as defined by Section 29(1) of the Development Charges Act; (iii) The County of Bruce; (iv) Ontario Hydro. (b) A development of land that constitutes: · (c) (d) (e) (1) (g) (h) · (i) The enlargement of an existing Dwelling Unit; (ii) The creation of one (1) or two (2) additional Dwelling Units in a Single Detached Dwelling, the GFA of which additional Dwelling Units in total does not exceed the GFA of the existing Single Detached Dwelling; (iii) An additional dwelling unit within any other existing residential building provided that the additional unit has a gross floor area less than: a) In the case of a semi-detached, duplex or townhouse dwelling, the gross floor area of the existing dwelling unit. b) In the case of any other residential building, the gross floor area of the smallest dwelling unit contained in the residential building. Farm related (non-residential) buildings. Non-residential building permits not resulting 1D the creation of additional gross floor area. Condominium conversions. Part Lot Control Exemption By-laws and Condominiums for which building permits have been issued prior to the passing of this By-law. A severance/consent which is considered a lot addition/adjustment or for mortgage purposes. Development for anyone (1) or more of the following uses of land: (i) A temporary use permitted under an area Municipal Zoning By-law enacted in accordance with Section 38 of the Plannin¡: Act; (ii) an Accessory Use; 4 " ~. " · · · · . . CALCUIÅTION OF DEVELOPMENT CHARGE.~: 3. (1) In calculating the DC applicable in respect of any Development the total charge payable shall be the aggregate of: (a) The charges applicable to any Residential Development component; plus (b) The charges applicable to any Non-Residential Development component; plus (c) An amount equal to any uncredited portion of any applicable Redevelopment Allowance under ss. (2). (2) Subject to ss. (3), (4) and (5), where the Development of land to which this By-law applies and in respect of which a DC is payable replaces a Pre-Existing Development, the DCA as otherwise determined before any credits shall be reduced by a Redevelopment Allowance calculated and applied in the manner set out in Schedule "ß", Part ill, paragraph 2. (3) No Redevelopment Allowance shall be made in excess of the DC payable for a Development, but the Redevelopment Allowance may be carried forward and applied to any subsequent DC payable in respect of the land to which it relates with two (2) years from the date of demolition of the Pre-Existing Use to which it relates. (4) In order to be eligible for a Redevelopment Allowance, the Pre-Existing Development must be in respect of which a valid demolition permit was issued by the area municipality including valid demolition permits issued with the eight (8) months preceding the date of approval of the By-law. (5) In determining whether a Redevelopment Allowance applies to the calculation of a DC. demolition shall be deemed to have occurred as of the date the permit was issued. 4. Once this By-law is in force, the DC applicable to a Development of land as determined under this By-law, shall apply without regard to the Services required, or used by any individual Development. 5. (1) Subject to ss. (2), the whole of the DC imposed under this By-law shall be calculated and paid in full in cash or by certified cheque to the Clerk- Treasurer on the date a building permit under the Buildin\j: Code Act is issued for any building or structure in connection with the Development in respect of which the DC hereunder is payable. (2) Subject to an agreement made pursuant to ss. 9(4) or (8) of the DCA, that portion of a DC imposed hereunder relating to the costs of water supply, sanitary sewage collection and treatment and road services or any one or more of them shall be calculated and paid to the Township on the date the agreement is executed. (3) Where the Township enters into a Servicing Agreement or other agreement providing that all or any part of the DC applicable to the Development shall be paid other than in accordance with ss. 5(1) hereof, the DC shall be payable to and collected by the Township. 6. The charge set out in Schedule "ß" attached hereto shall be adjusted annually without amendment to this By-law on the 1st day of March each year, commencing on March 1st, 1992, in accordance with the Southam Construction Index. 5 ~ .: . . " 7. (1) Where, in any agreement entered into under s. 50 or s. 52 of the Plannin¡: Act. 1983 prior to this By-law coming into force, provision is made for payment in the future of a Township DC in respect of a Development of land to which this By-law applies at the applicable rate upon the issuance of a building permit and where such payment is made after the coming into force of this By-law, such payment shall be calculated in accordance with the Des provided for in this By-law and the DCA; · (2) Notwithstanding any provisions in this By-law quantifying a DC for a Development of land, where an agreement entered into under s. 50 or s. 52 of the PIannirw Act. 1983, prior to the coming into force of this By-law provides for payment of a Township DC in respect of land to which this By- law applies at a fixed rate or at a minimum rate which is greater than the DC provided for herein, the charge set out in this By-law shall apply in respect of the Development of the land to which the agreement relates. The first development for which a building permit is issued shall be deemed to be that to which the payment or agreement relates and any subsequent Development, whether or not requiring further approvals other than a building permit, shall be subject to the DC in effect at the time the building permits are issued. · CREDITS: 8. (1) The Township may by agreement permit the owner of land to provide services in lieu of all or any portion of a development charge including services additional to or of a greater size or capacity than is required under this By- law. In such instances and subject to proof of performance, a credit, without interest shall be applied against charges payable for an amount equal to the lesser of the costs considered in the DC calculation or the actual costs to provide the service(s), not to exceed the total amount of the development charges otherwise payable. Further, any unused credit may be applied to any subsequent development charge payable in respect to the same land and may be transferable to subsequent owners thereof. 9. (1) Credits shall be given as required under ss. 13 and 14 of the DCA and shall be applied against the DC payable after application of any Redevelopment Allowance to a maximum of the DC otherwise payable; · (2) Any unused credit applicable to a particular parcel of land under s. 14 of the DCA may be applied to any subsequent Development Charge otherwise payable on any subsequent Development of that land in the manner set out in Schedule "C" with respect to a Redevelopment Allowance; 10. Where prior to the adoption of the By-law the Township has accepted payment of a DC in respect of a Development of land for which a building permit has not been issued at the time this By-law comes into force, a credit shall be given for the full amount of such payment against the DC payable under this By-law for a building permit for the Development to which the prior payment relates. Where the Development to which the prior payment relates has not been specified. the first Development for which a building permit is obtained shall be deemed to be that to which the payment relates. Any unused credits may be carried forward and applied without interest or indexing to any subsequent DC otherwise payable in respect of the land. · 6 " · · · · , . . . RESERVE FUNDS: 11. (1) Council directs the Clerk-Treasurer to create a reserve fund or funds, in accordance with s. 16(10) of the DCA, separate from any other reserve funds of the municipality including those created or administered under s. 165 of the Municioal Act. All DC received by the Township under this By-law shall be deposited into the reserve fund or funds created, pursuant to this subsection which funds shall be used only to pay growth related net capital costs of the services referred to in Schedule "A" and forming the basis of the Des established hereunder. (2) Subject to ss. (1), Council directs the Clerk-Treasurer to keep separate accounts or sub-accounts for payments received under this By-law attributable to Services provided by the Township, to allocate expenditures made for the capital costs expended in the various categories and to allocate interest accrued in accordance with the recorded, unexpended funds on hand from time to time in each category. (3) Notwithstanding ss. (2) of this section, all payments received by the Township on account of a DC shall be deemed to be received for the purposes of funding those growth related net capital costs associated with Development in the Township referred to in Schedule "A" and not for any specific servicing project. GENERAL PROVISIONS: 12. Nothing in this By-law limits the right of Council to require or request conditions that could otherwise be imposed under the Planninl!: Act. 1983. 13. Prior to the time a DC is payable, the Clerk-Treasurer of the Township shall certify to the Chief Building Inspector the amount of the DC applicable to the proposed Development of such land, the date upon which it is payable or, where applicable, whether it has been paid, pursuant to s. 6 of this By-law or any applicable agreement and where it has not yet been paid, the manner in which the DC is to be paid and such certificate shall be sufficient evidence of the DC payable under this By-law for the purposes of the issuance of a building permit by the Chief Building Official. Such certificate may, prior to the issuance of the building permit, be amended by the Clerk-Treasurer of the Township in which case this provision shall apply to such amended certificate. 14. All Resolutions establishing or providing for the payment or non-payment of Des prior to the coming into force of this By-law are rescinded but any Registered Agreements made under the Planning Act. 1983, prior to the coming into force of this By-law shall remain in full force and effect and, to the extent of conOict with this By-law, shall prevail. 15. Where a DC is payable hereunder but any matter as to calculation, manner or timing for payment thereof is not expressly provided for herein, such matters shall be determined in accordance with the DCA and Regulation, where applicable by analogy to similar provisions of this By-law and in accordance with the general principles underlying the DCA and this By-law. 16. Nothing in this By-law shall be construed so as to commit or require the Township or its Council to authorize or proceed with any specific capital project at any specific time. 17. This By-law shall come into effect on the day it is enacted and, subject to amendments from time to time, shall remain in effect for a period of five (5) years from such date unless repealed or replaced. 7 .' · · · · : . . 18. Each of the provisions of this By-law are severable and if any provision should for any reason be declared invalid by any Court, it is intended that the remaining provisions shall remain in full force and effect. 19. This By-law may be cited as the Development Charges By-law. READ a first and second time this c7.lf do day of , 1992. ¥/L - Reeve: $?""~fldA READ a third time and finally passed this ~fl1d_ day of /fn¿>...u-.l/ ,1992. ;;::;.4L Reeve: ð~- c7U/L .oj IhL..,J Clerk: 8 ..:, . . ~ 4-"' ~ ~ ' , , · · SCHEDULE "A" · . . . ' . . .- · · · · . . SCHEDULE "A" TO BY·IAW NO. SERVICES ASSOCIATED WITH DEVELOPMENT CHARGES CALCULATIONS DESCRIPTION RESIDENTIAL NON· RESIDENTIAL Roads Department Equipment ./ ./ Road Management Study Update ./ ./ Maintenance Garage Addition ./ ./ Landftll - Phase n Study ./ ./ Landfill - Phase IA Study ./ ./ Landfill Equipment ./ ./ Development Charges Study ./ ./ Fire Fighting Capital ./ ./ Municipal Office Building ./ ./ Park Development ./ N/A Park Equipment ./ N/A Library Services ./ N/A . . , '.. . ...... -. ~ . . · · · - . . SCHEDULE "B" . , .' · · · · , : . . . SCHEDULE "8" TO BY·LAW NO. PART 1 . NON·RESIDENTIAL CHARGES A Non-Residential Development Charge shall not be levied. PART II . RESIDENTIAL CHARGE SERVICES · Road Department Equipment · Road Management Study · Maintenance Garage Addition · Landfill - Phase II Study · Landfill - Phase IA Study · Landfill Equipment · Development Charges Study · Fire Fighting Capital · Municipal Office Building · Park Development · Park Equipment · Library Services RATE PER UNIT · Single-detached: Duplex: Townhouse: $890.26 $890.26 $890.26 · · PART III - CALCULATION PROVISIONS 1. The Development Charges applicable to residential Developments within the Township shall be determined by multiplying the number of units by the Residential rates particular to that Service Area as shown in Part II of this Schedule. 2. (1) In determining the amount of any Redevelopment Allowance to be applied in calculating a DC payable, the following shall apply: (a) The Redevelopment Allowance quantified in accordance with subparagraph (2) hereof shall apply, to the whole parcel of land on which the Pre-Existing Development exists or existed; (b) Any remaining Redevelopment Allowance applicable to a parcel of land from time to time, in the event of a division of the parcel of land into two (2) or more parcels, shall be apportioned equally between or amongst the resultant parcels of land on a per unit area basis; (c) The amount of Redevelopment Allowance applicable to a parcel of land on which the Pre-Existing Development existed or to any part thereof after any land division shall be reduced for each subsequent development in respect of which the DC otherwise payable is or has been reduced by a Redevelopment Allowance, as building permits for such subsequent Developments are issued or Development Charges paid, whichever first occurs; .' <. . ~ : · · · · t t 3. The amount of the Redevelopment Allowance which shall be deducted from a Pre- Existing Development from a DC otherwise determined under this By-law as provided for in subparagraph (1) shall, in total, not exceed an amount equal to the total of: (a) For Residential Development the number and type or types of units in the Pre-Existing Development times the rate or rates applicable to such-units; and (b) All at the rates set out in Parts I and II of this Schedule.