HomeMy WebLinkAboutTWP 92 005 Est. Dev. Chrge TWP
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BY·LAW NO.
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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;
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(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;
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(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;
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(2) The Services to which the DC may be imposed are those listed in Schedule
"8" to this By-law;
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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:
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(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:
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(c)
(d)
(e)
(1)
(g)
(h)
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(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;
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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.
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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;
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(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;
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(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.
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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.
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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.
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READ a third time and finally passed this ~fl1d_ day of /fn¿>...u-.l/
,1992.
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Reeve:
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Clerk:
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SCHEDULE "A"
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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
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SCHEDULE "B"
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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
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Single-detached:
Duplex:
Townhouse:
$890.26
$890.26
$890.26
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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;
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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.