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.
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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,
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(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;
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(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;
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(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.
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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
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(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:
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(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.
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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".
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(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.
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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.
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(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.
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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
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Read a THIRD time and finally passed this 27th day of July,
1993.
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SCHEDULE "A" TO
BY-LAW NUMBER 93-7
DEVELOPMENT CHARGES
SINGLE FAMILY
For each single family dwelling
unit created
$2,800/unit
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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
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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%
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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.
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