Loading...
HomeMy WebLinkAboutTIV 93 007 development charges THE CORPORATION OF THE VILLAGE OF TIVERTON BY-LAW NUMBER 93-7 BY-LAW WITH RESPECT TO THE IMPOSITION OF DEVELOPMENT CHARGES. WHEREAS it is deemed expedient to enact a By-law to impose development charges in the Village of Tiverton. . AND WHEREAS the Village of Tiverton has undertaken a study of its development charge policies, the expected development of land within the municipality and the increased need for services resulting from that development; AND WHEREAS the Council of the Village of Tiverton has given notice 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 the Council of the Village of Tiverton has heard all persons who applied to be heard no matter whether in objection to, or in support of the said By-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF TIVERTON ENACTS AS FOLLOWS: 1. In this By-law: (a) "benefiting area" means an area defined by a Map, Plan or legal description in a Front Ending Agreement as an area that will receive a benefit from the construction of a service; (h) "capital cost" means costs incurred or proposed to be incurred by the Village of Tiverton or a Local Board thereof directly or under an Agreement, (i) to acquire land or an interest in land, (ii) to improve land, (iii) to acquire, construct or improve buildings and structures, II 'I I. (iv) to acquire, construct or improve facilities including rolling stock, furniture and equipment, and (v) to undertake studies in connection with any of the matters in clauses (i) to (iv) required for the provision of services designated in this By-law within or outside the Village of Tiverton, including interest on borrowing for those expenditures under clauses (i), (ii), (iii) or (iv) that are growth related; (c) "Council" means the Council of the Village of Tiverton; (d) "development" includes re-development; (e) "development charge or development charges" means the charges imposed with respect to growth-related net capital costs against land under this By-law; (f) "front-end payment" means a payment made hy an owner pursuant to a front-ending agreement, which may he in addition to a development charge that the owner is required to pay under this By-law, to cover the net capital costs of the services designated in the agreement that are required to enable the land to be developed; . (g) "front-ending agreement" means an agreement with an owner or owners in a henefiting area providing for front-end payments by an owner or owners in a henefitting area providing for front-end payment by an owner or owners or for the installation of services hy an owner or owners or any combination thereof; , II (h) "growth-related net capital costs" means the portion of the net capital cost of services that is reasonably attributable to the need for such net capital cost that results or will result from development in all or a defined part of the Village of Tiverton; (i) "local board" means a school board, public utilities commission, transportation commission, public library board, board of park management, local board of health, board of commissioners of police, planning board, or any other board, commission, committee, body or local authority established or exercising any power of authority under any general or special Act with respect to any of the affairs or purposes, including school purposes, of an area municipality or the Village of Tiverton; (j) "net capital cost" means the capital cost less capital grants, subsidies and other contributions made to the Municipality or that the Municipality anticipates will be made, including conveyances or payments under Sections 41, 50 and 52 of The Planning Act, 1983 in respect of the capital cost; (k) "services" means services designated in Section 6 of this By-law or designated in a front-ending agreement. . 2. The Development Charge By-law shall apply to all lands within the Corporation limits of The Village of Tiverton. 3. Development of land is subject to a development charge if the development would increase the need for services and the development requires; (a) the passing of a Zoning By-law or of an Amendment thereto under Section 34 of The Planning Act, 1983; (b) the approval of a minor variance under Section 44 of The Planning Act, 1983; (c) a conveyance of land to which a By-law passed under Section 49(7) of the Planning Act, 1983, applies; (d) the approval of a plan of Subdivision under section 50 of The Planning Act, 1983; (e) a consent under Section 52 of The Planning Act, 1983; (f) the approval of a description under Section 50 of . The Condominium Act; or (g) the issuance of a permit under The Building Code Act in relation to a building or structure. 4. Subject to Section 5 of this By-law, no residential development charge is payable where the development: (a) is an enlargement of an existing dwelling unit; or i II ~ I I i I (b) creates one or two additional dwelling units in an existing single detached dwelling; or (c) creates one additional unit in any existing residential building other than a single detached dwelling. 5. (a) (i) Notwithstanding subsection 4(b) of this By- law, a development charge shall be imposed where the total gross floor area of the additional one or two units exceeds the gross floor area of the existing single detached dwelling, (ii) In determining the gross floor area of the existing single detached dwelling, the gross floor area shall be the maximum gross floor area in the three years preceding the application for a building permit in respect of the additional one or two units. (b) Notwithstanding subsection 4(c) of this By-law, a development charge shall be imposed if the additional unit has a gross floor area greater than: . (i) in the case of the semi-detached or row dwelling. the gross floor area of the existing dwelling unit, and (ii) in the case of any other residential building, the gross floor area of the smallest dwelling unit contained in the residential building; (c) In determining the gross floor area under subsection 5(b) of a semi-detached or row dwelling or of the smallest dwelling unit in a residential building, the gross floor area shall be the maximum gross floor area in the three years preceding the application for a building permit in respect of the one additional unit. 6. The development charges collected under the authority of this By-law shall be distributed according to Schedule "B" attached by the Village of Tiverton. 7. There shall be a development charge imposed on development (as hereinafter defined) within the Village of Tiverton in accordance with Schedule "A" attached hereto. . 8. The Development Charge By-law shall be imposed on all residential uses, buildings and structures within the Corporation limits of the Village of Tiverton excepting land used for the purposes of elementary and secondary schools under the Education Act and all lands owned by and used for the purposes of the Municipality. 9. (a) With respect to Plans of Subdivision under Section 50 of the Planning Act 1983, the development charge for the services of sewage and water shall be payable 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 Schedule of Charges in effect at the time of entering into the subdivision agreement". I Ii '[ I 10. il , 11. . 12. (b) Where a portion of the development charge has heen paid in accordance with Section 9 (a) 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 9 (a) above, the Village 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 of Charges under which the initial payment was made." With respect to Plans of Condominium, the development charge shall be paid at or before the signing of the Subdivider Agreement at the rate in effect on the date upon which the development charge is paid. With respect to a minor variance, the development charge shall be paid at the rate in effect on the date upon which the Village of Tiverton grants a building permit. With respect to a consent, the development charge shall be paid at the rate in effect on or before the date the Deed is stamped by the Secretary-Treasurer of the Committee of Adjustment. 13. In all other cases, the development charge shall be paid at the rate in effect on the date upon which the Village of Tiverton grant a building permit. 14. With respect to residential consent (severance) applications, which would result in no increase in density potential or the creation of a new lot, no development charge is applicahle. 15. with respect to any previously approved consent (severance) condition, wherein the development charge amount was fixed by the Committee of Adjustment approval, the approval thereof shall take precedence over the By-law and shall be honoured by the Village of Tiverton. . 16. (a) Subject to Section 4 of this By-law, where a residential redevelopment increases the number of dwelling units in a huilding or structure, a development charge shall only be payable for the increased number of units attributahle to the development. (b) In determining the increased units subject to a development charge, the existing dwelling unit shall be the maximum number of dwelling units in the huilding or structure within the three years preceding an application for a building permit in respect of the increased dwelling units. (c) An owner who has secured the necessary approvals may demolish and replace existing dwelling units and not he subject to a development charge under this By-law in respect of the dwelling units replaced. 17. (a) No building permits shall be issued by the Village of Tiverton in respect to the erection of a building or structure on land to which a development charge applies until such time as the required development charge is paid in full. Where a development charge or impost fee has been previously paid or agreed to be paid, a credit for the amount paid shall be allowed when determining the charge due under this By-law. (b) The Treasurer of the Village of Tiverton shall direct that the unpaid development charge shall be added to the tax roll and shall be collected as taxes. . (c) The Village may enter into an agreement with an owner providing for the payment of a development charge before the issuance of a building permit. 18. It is intended that the development charge shall be reviewed annually by Village Council. The Clerk- Treasurer will recommend to Council any adjustments to the development charge by the 31st day of March of each year. In the event that no such recommendation is made, the development charge shall be revised in accordance with the Composite Southam Construction Cost Index as of the 31st day of March of each year based on the Index of Performance over the preceding year for the period March 1st to March 1st. 19. Notwithstanding any other provisions of this By-law, development undertaken by: (a) any school board within the meaning of Paragraph 3 of Subsection I (1) of the Education Act. (b) the area municipality or the local board of the area municipality, and (c) the County of Bruce, is not subject to any development charge under this By-law. . 20. This By-law comes into full force and effect on the date of passing. 21. This By-law shall expire Five (5) years from the date of its passage. 22. This By-law may be referred to at the "Village of Tiverton Development Charges By-law." Read a FIRST and SECOND time this 27th day of July, 1993 /ldb ~~/ -<:1er Reeve Read a THIRD time and finally passed this 27th day of July, 1993. > ¿.,J,~ Cler :Juo/jo Rèeve' .: , ' " , . SCHEDULE "A" TO BY-LAW NUMBER 93-7 DEVELOPMENT CHARGES SINGLE FAMILY For each single family dwelling unit created $2,800/unit . * Single family shall include detached dwellings and individual units of a semi-detached or duplex dwelling MULTIPLE DWELLING For each unit of a multiple dwelling $2,240/unit * Multiple units shall include individual unit of triplexes, quadraplexes, townhousing and link homes up to five units. APARTMENTS For each apartment unit created $1.680/unit * Apartment shall be projects that contain five or more units. NOTE The component of the development charge for the sewage category provided for in this By-law shall not be assessed against, or collected from the development of a property which has previously been assessed a frontage charge under a sewer rate By-law of the Village of Tiverton . . . i I II SCHEDULE "B" TO BY-LAW NUMBER 93-7 DEVELOPMENT CHARGES Distribution of Funds to Reserves by Expenditure Type: Expenditure Type Proportionate Share 1 . Administration 8.5% 2. Public Works 8.7% 3. Recreation 10.9% 4. Sewage 17.4% 5. Water Supply 54.5% 100.0% i, BY-LAW 93-7 BY-LAW WITH RESPECT TO THE IMPOSITION OF DEVELOPMENT CHARGES VILLAGE OF TIVERTON May 10, 1994 . Moved by: Janice Morris Seconded by: Randy Roppe1 THAT the Council of the Village of Tiverton does not approve that the Development Charge By-law be revised in accordance with the Composite Southam Construction Cost Index as of the 31st day of March. Carried. . .