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-- TOWNSHIP O F-
ASHFIELD-COLBORNE-WAWANOSH
THE CORPORATION OF THE TOWNSHIP OF
ASHFIELD-COLBORN E-WAWANOSH
BY-LAW NUMBER 68-2022
BEING A BY-LAW for the Imposition of Development Charges
WHEREAS the Municipal Council of the Corporation of the Township of Ashfield-Colborne-
Wawanosh will experience growth through development and redevelopment.
AND WHEREAS development will increase the need for municipal services as designated in
the by-law;
AND WHEREAS subsection 2(1) of the Development Charges Act, 7997 c. 27, as amended
(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;
NOW THEREFORE, the Council of the Corporation of the Township of Ashfield-Colborne-
Wawanosh enacts as follows:
1.
DEFINITIONS
1.1.
"accessory use" means where used to describe a use, building, or structure that the
use building or structure is naturally and normally incidental, subordinate in purpose
of floor area or both, and exclusively devoted to a principal use, building or structure.
1.2.
"Act" means the Development Charges Act, 7997, c. 27, as amended.
1.3.
"administration service" means any and all development-related studies carried out
the Township which are with respect to eligible services for which a development
charge by-law may be imposed under the Development Charges Act, 7997, as
amended.
1.4.
"agreement" shall mean a contract between the Township and an owner of land and
any amendment thereto.
1.5.
"agricultural use" means the cultivation of land, the production of crops and the
selling of such product on the premises, and the breeding and care of livestock and
the selling of such livestock or the product of such livestock raised o n the premises,
and without limiting the generality of the foregoing includes aviaries, apiaries, fish
farming, animal husbandry, and the raising and harvesting of field, bush, or tree
crops, market gardening, nurseries and greenhouses. However, "agricultural use"
does not include facilities for the permanent or temporary housing of persons
employed on the lot;
1.6.
"ancillary residential building" means a residential building or structure that would be
ancillary to a detached dwelling, semi-detached dwelling, or row dwelling and
includes an accessory dwelling;
Page 1 of 16
By-Law 68-2022 Development Charges By-law
1.7.
"apartment unit" means any residential unit within a building containing four or
more dwelling units where access to each residential unit is obtained through a
common entrance or entrances from the street level and the residential units are
connected by an interior corridor and is not a special care/special dwelling unit;
1.8.
"bedroom" means a habitable room which can be used as sleeping quarters, but
does not include a bathroom, living room, dining room or kitchen;
1.9.
"benefiting area" means an area defined by map, plan, or legal description in a front-
ending agreement as an area that will receive a benefit from the construction of a
service;
1.10.
"Board of Education" means a board defined in s.s. 1 (1) of the Education Act;
1.11.
"bona fide farm uses" 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 Ontario Property Assessment Corporation;
1.12.
"Building Code Act" means the Building Code Act, 79927 5.0. 7992, c.23, as amended;
1.13.
"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,
a. to acquire land or an interest in land, including a leasehold interest;
b. to improve land;
c. to acquire, lease, construct or improve buildings and structures;
d. to acquire, lease, construct or improve facilities including,
r.
rolling stock with an estimated useful life of seven years or more,
11.
furniture and equipment, other than computer equipment, and
111.
materials acquired for circulation, reference or information purposes by a
library board as defined by the Public Libraries Act R. 0 7990, c. 57 and;
e. to undertake studies in connection with any of the matters referred to in clauses
(a) to (d);
f.
to complete the development charge background study under Section 1 O of the
Act;
g. interest on money borrowed to pay for costs in (a) to (d) required for the
provision of services designated in this bylaw within or outside of the Township.
1.14.
"class" means a grouping of services combined to create a single service for the
purposes of this by-law and as provided in Section 7 of the Act.
1.15.
"commercial" means any use of land, structures or buildings for the purposes of
buying or selling commodities and services, but does not include industrial or
agricultural uses, but does include hotels, motels, motor inns and boarding, lodging
and rooming houses;
1.16.
"Condominium Act" means the Condominium Act, 7998, S.O. 7998, Chap. c. 79;
1.17.
"Corporation" means the Corporation of the Township of Ashfield-Colborne-
Wawanosh;
Page 2 of 16
By-Law 68-2022 Development Charges By-law
1.18.
"Council" means the Council of the Corporation of the Township of Ashfield-
Colborne-Wawanosh;
1.19.
"developer" means a person who undertakes development or redevelopment;
1.20.
"development" means the construction, erection of placing of one or more buildings
or structures on land or the making of an addition or alteration to a building or
structure that the effect of increasing the size of usability thereof, and includes
redevelopment;
1.21.
"development charges" means a charge imposed with respect to this by-law;
1.22.
"dwelling unit" means any part of a building or structure used, designed or intended
to be used as a domestic establishment in which one or more persons may sleep
and are provided with culinary and sanitary facilities for their exclusive use;
1.23.
"exemption" means that no development charge is payable;
1.24.
"existing" means the number, use and size that existed as of the date this by-law was
passed;
1.25.
"farm building" means that part of a bona fide farming operation that is located
upon land which is assessed and used for farm purposes encompassing barns, silos
and other ancillary development to an agricultural use, but excluding a residential
use
-1.26.
"floor" does not include a storey;
1.27.
"floor above ground level" means any floor, the entire area of which is located below
the lowest level at which the land upon which the building or structure stands abuts
any land
1.28.
"floor below ground level" means any floor the entire area of which is located below
the lowest level at which the land upon which the building or structure stands abuts
any land;
1.29.
"grade" means the average level of finished ground adjoining a building or structure
at all exterior walls;
1.30.
"gross floor area" means
a. in the case of a residential building or structure, the total area of all floors above
grade of a dwelling unit measured between the outside surfaces of exterior walls
or between the outside surfaces of exterior walls and the centre line of party
walls dividing the dwelling unit from any other dwelling unit or other portion of a
building; and
b. in t he case of a non-residential building or structure, or in the case of a mixed-
use building or structure in respect of the non-residential portion thereof. the
total area of all building floors above or below grade measured between the
outside surfaces of the exterior walls, or between the out side surfaces of exterior
walls and the centre line of party walls dividing a non-residential use and a
residential use, except for:
1.
a room or enclosed area within the building or structure above or below that
is used exclusively for the accommodation of heating, cooling, ventilating,
electrical, mechanical or telecommunications equipment that service the
building;
11.
loading facilities above or below grade; and
Page 3 of 16
By-Law 68-2022 Development Charges By-law
111.
a part of the building or structure below grade that is used for the parking of
motor vehicles or for storage or other accessory use;
1.31.
"industrial" means lands, buildings or structures used or designed or intended for
use for manufacturing, processing, fabricating or assembly of raw goods,
warehousing or bulk storage of goods, and includes office uses and the sale of
commodities to the general public where such uses are accessory to an industrial
use, but does not include the sale of commodities to the general public through a
warehouse club;
1.32.
"institutional development" means development of a building or structure, or
portions thereof, intended for use;
a. as a long-term care home within the meaning of subsection 2 (1) of the Long-
Term Care Homes Act, 2007;
b. as a retirement home within the meaning of subsection 2 (1) of the Retirement
Homes Act, 2070;
c.
by any of the following post-secondary institutions for the objects of the
institution:
1.
a university in Ontario that receives direct, regular, and ongoing operating
funding from the Government of Ontario,
11.
a college or university federated or affiliated with a university described in
subclause (i) or
iii.
an Indigenous Institute prescribed for the purposes of section 6 of the
Indigenous Institutes Act, 207 7.
d. as a memorial home, clubhouse, or athletic grounds by an Ontario branch of the
Royal Canadian Legion; or
e. as a hospice to provide end of life care.
1.33.
"lawfully existing" means a building:
a. that is not prohibited by a by-law passed under Section 34 of the Planning Act, or
a predecessor of that section; or
b. that is a legal non-conforming use; or
c. t hat is allowed by a minor variance authorized under Section 45 of the Planning
Act, or a predecessor of that section;
1.34.
"Local Board" means a school board, public utility, comm1ss1on, 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 or authority
under any general or special Act with respect to any of the affairs or purposes,
including school purposes, of the Township of Ashfield-Colborne-Wawanosh or any
part or parts thereof;
1.35.
"local services" means those services, facilities or things which are under the
jurisdiction of the Township of Ashfield-Colborne-Wawanosh and are related to a
plan of subdivision or within the area to which the plan relates in respect of the
lands under Sections 41 , 51 or 53 of the Planning Act, R. S. 0. 7990, Chap. P. 73, as
amended, or any successor thereof;
1.36.
"mixed-use" means all dwellings other than single-detached, semi-detached,
apartments, and special care/ special dwelling units;
Page 4 of 16
By-Law 68-2022 Development Charges By-law
1.37.
"mobile home" means a dwelling unit that is designed to be mobile, and constructed
or manufactured to provide a permanent or seasonal residence for one or more
persons but does not include a trailer or tent trailer. A mobile home shall be
distinguished from other forms of prefabricated transportable housing by reason of
a design which permits and features ready transfer from place to place.
1.38.
"net capital costs" means the capital cost, less capital grants, subsidies and other
contributions made to the Township or that the Council anticipates will be made,
including conveyances or payments under Sections 42, 52, and 53 of the Planning
Act, in respect of the capital costs;
1.39.
"non-profit housing development" means development of a building or structure
intended for use as residential premises by:
a. a corporation without share capital to which the Corporations Act applies, that is
in good standing under that Act and whose primary object is to provide housing;
b. a corporation without share capital to which the Canada Not-for-Profit
Corporations Act applies, that is in good standing under that Act and whose
primary object is to provide housing; or
c.
a non-profit housing co-operative that is in good standing under the Co-
operative Corporations Act, or any successor legislation;
1 .40.
"non-residential use" means a building or structure of any kind whatsoever used
designed, or intended to be used for other than a residential use;
1.41.
"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;
1.42.
"park model trailer" shall mean a manufactured building used or intended to be used
for residential occupancies designed and constructed in conformity with CAN/CSA-
Z241 Series M - "Park Model Trailers"
1.43.
"place of worship" means that part of a building or structure that is exempt from
taxation as a place of worship under the Assessment Act, R.S.O. 7990 Chap. A.37, as
amended, or any successor thereof;
1.44.
"Planning Act" means the Planning Act, 7990 R.S.0. 7990, c.P. 73, as amended;
1 .45.
"prescribed index" means the price index as prescribed in the Regulation.
1.46.
"rate" means the interest rate established weekly by the Bank of Canada based on
Treasury Bills having a term of 91 days;
1.47.
"redevelopment" means the construction, erection or placing of one or more
buildings on land where all or part of a building on such land has been previously
demolished or changing the use of all or part of a building from a residential
purpose to a non-residential purpose or form a non-residential purpose to a
residential purpose, or changing all or part of a building from one form of
residential development to another form of residential development or from one
form of non-residential
development to another form of non-residential
development.
1 .48.
"regulation" means any regulation made pursuant to the Act;
1.49.
"rental housing" means development of a building or structure with four or more
dwelling units all of which are intended for use as rented residential premises;
1.50.
"residential dwelling" means a building, occupied or capable of being occupied as a
home, residence or sleeping place by one or more persons, containing one or more
Page 5 of 16
By-Law 68-2022 Development Charges By-law
dwelling units but not including motels, hotels, tents, truck campers, tourist trailers,
mobile camper trailers, or boarding, lodging or rooming houses;
1.51.
"residential development" means land, buildings or portions thereof used, designed,
or intended to be used as living accommodations for one or more individuals, and
shall include a single detached dwelling, a semi-detached dwelling, a multiple
dwelling, an apartment unit dwelling, a mobile home, a park model trailer, a special
care/special need dwelling, an ancillary residential building, and the residential
portion of a mixed-use building and "residential use" and "residential purpose" has
the same meaning;
1.52.
"residential use" means the use of a building or structure or portion thereof for one
or more dwelling units. This also includes a dwelling unit on land that is used for an
agricultural use;
1.53.
"retirement home or lodge" means a residential building or the portion of a mixed
use building which provides accommodation primarily for retired persons or couples
where each private bedroom or living accommodation has a separate private
bathroom and separate entrance from a common hall, but do not include private
culinary facilities and instead where common facilities for the preparation and
consumption of food are provided, and common lounges, recreation rooms and
medical care facilities may also be provided;
1.54.
"rows and other multiples" means a building containing three or more attached
dwelling units in a single row, each of which dwelling units has an independent
entrance from the outside and is vertically separated from any abutting dwelling
unit;
1.55.
"semi-detached dwelling" means a dwelling unit in a residential building consisting
of two dwelling units having one vertical wall or one horizontal wall, but not other
parts, attached or another dwelling unit where the residential unit are not connected
by an interior corridor.
1.56.
"service" means a service designed in Schedule "A" to this By-law and "services" shall
have a corresponding meaning
1.57.
"servicing agreement" means an agreement between a landowners and the
Township relative to the provision of municipal services to specified land within the
Township.
1.58.
"single detached dwellings" means a completely detached building containing only
one dwelling unit and not attached to another structure.
1.59.
"special care/special dwelling unit/room" means a residence in an assisted living
facility:
a. Containing two or more dwelling rooms, which rooms have common entrance
from street level; and
b. Where the occupants have the right to use in common with other occupants,
halls, stairs, yards, common room, and accessory buildings; and
c. That is designed to accommodate persons with specific needs, including but not
limited to, independent permanent living arrangements; and where support
services, such as meal preparation, grocery shopping, laundry, housing, nursing,
respite care and attending services are provided at various levels but
d. Excludes group homes.
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By-Law 68-2022 Development Charges By-law
1.60.
"Zoning By-law" means the Zoning By-law of the Township of Ashfield-Colborne-
Wawanosh, or any successor thereof passed pursuant to Section 34 of the Planning
Act, S.O. 7998.
2.
Designation of Services and Classes of Services
2.1.
The categories of services and classes of services for which development charges are
imposed under this by-law are as follows:
a. Administration
b. Parks and Recreation
c.
Services Related to a Highway
d. Water Services
2.2.
The components of the services and classes designated in subsection 2.1 are
described in Schedule A.
3.
Application of By-law Rules
3.1.
Development charges shall be payable in the amounts set out in this by-law where:
a. the lands are located in the area described in subsection 3.2; and
b. the development of the lands requires any of the approvals set out in subsection
3.4(a).
Area to Which By-law Applies
3.2.
Subject to subsection 3.3, this by-law applies to all lands within the Township of
Ashfield-Colborne-Wawanosh. Charges for water services apply in the Saltford
services area, whether or not the land or use thereof is exempt from taxation under s.
1 3 of the Assessment Act.
3.3.
Notwithstanding clause 3.2 above, this by-law shall not apply to lands t hat are
owned by and used for the purposes of:
a. the municipality or a local board thereof:
b. a board of education;
c. the Corporation of the County of Huron or a local board thereof;
Approvals for Development
3.4.
Approvals for Development
a.
Development charges shall be imposed on all lands, buildings or structures that
are developed for residential or non-residential uses if the development requires:
i.
the passing of a zoning by-law or of an amendment to a zoning by-law under
section 34 of the Planning Act,
ii.
the approval of a minor variance under section 45 of the Planning Act,
111.
a conveyance of land to which a by-law passed under subsection 50(7) of t he
Planning Act applies;
iv.
the approval of a plan of subdivision under section 51 of the Planning Act,
v.
a consent under section 53 of the Planning Act;
Page 7 of 16
By-Law 68-2022 Development Charges By-law
v1.
the approval of a description under section 50 of the Condominium Act, R.S.O.
1990, Chap. C.26; as amended, or any successor thereof; or
v11.
the issuing of a permit under the Building Code Act in relation to a building or
structure.
b. No more than one development charge for each service designated in subsection
2.1 shall be imposed upon any lands, buildings or structures to which this by-law
applies even though two or more of the actions described in subsection 3.4(a)
are required before the lands, buildings or structures can be developed.
c.
Despite subsection 3.4(b), if two or more of the actions described in subsection
3.4(a) occur at different times, additional development charges shall be imposed
if the subsequent action has the effect or increasing the need for services.
Rules with Respect to Exemptions for Intensification of Existing Housing
3.5.
Notwithstanding the provisions of this By-law, development charges shall not be
imposed with respect to developments or portions of developments as follows:
a. the enlargement to an existing residential dwelling unit;
b. one or two additional dwelling units in an existing single detached dwelling or
prescribed ancillary structure to the existing residential building;
c. the creation of additional dwelling units equal to the greater of one or 1 % of the
existing dwelling units in an existing residential rental building containing four or
more dwelling units or prescribed ancillary structure to the existing residential
building;
d. the creation of one additional dwelling unit in any other existing residential
building already containing at least one dwelling unit or prescribed ancillary
structure to the existing residential building; or
e. the creation of a second dwelling unit in prescribed classes of proposed new
residential buildings, including structures ancillary to dwellings, subject to the
following restrictions:
Item
Name of Class of
Description of Class of Proposed
Restrictions
Proposed New
Residential
Buildings
1
Proposed new
detached dwellings
2
Proposed new
semi-detached
dwellings or row
dwellings
New Residential Buildings
Proposed new residential buildings
The proposed new detached
that would not be attached to other
dwelling must only contain two
buildings that are permitted to
dwelling units.
contain a second dwelling unit,
being either of the two dwelling
The proposed new detached
units. If the units have the same
dwelling must be located on a
gross floor area, or the smaller of
parcel of land on which no other
the dwelling units.
detached dwelling, semi-detached
dwelling or row dwelling would be
located.
Proposed new residential buildings
The proposed new semi-detached
that would have one or two vertical
dwelling or row dwelling must only
walls, but no other parts, attached
contain two dwelling units.
to other buildings and that are
permitted to contain a second
The proposed new semi-detached
dwelling unit, that being either of
dwelling or row dwelling must be
the two dwellings, if the units have
located on a parcel of land on
the same gross floor area, or the
which no other detached dwelling,
smaller of the dwellings units.
semi-detached dwelling or row
Page 8 of 16
By-Law 68-2022 Development Charges By-law
Item
Name of Class of
Description of Class of Proposed
Restrictions
Proposed New
New Residential Buildings
Residential
Buildings
dwelling would be located
3
Proposed new
Proposed new residential buildings
The proposed new detached
residential buildings
that would be ancillary to a
dwelling, semi-detached dwelling
that would be
proposed new detached dwelling,
or row dwelling, to which the
ancillary to a
semi-detached dwelling or row
proposed new residential building
proposed new
dwelling and that are permitted
would be ancillary, must only
detached dwelling,
contain a single dwelling unit.
contain one dwelling unit.
semi-detached
dwelling or row
The gross floor area of the
dwelling
dwelling unit in the proposed new
residential building must be equal
to or less than the gross floor area
of the detached dwelling, semi-
detached dwelling or row dwelling
to which the proposed new
residential building is ancillary.
3.6.
- Notwithstanding subsection 3.S(b), development charges shall be imposed if the
total gross floor area of the additional one or two units exceeds the gross floor area
of the existing dwelling unit;
3.7.
Notwithstanding subsection 3.S(d), development charges shall be imposed if the
additional unit has a gross floor area greater than:
a. in the case of a semi-detached or row dwelling, the gross floor area of the
existing dwelling unit; and
b. in the case of any other residential building, the gross floor area of the smallest
dwelling unit already contained in the residential building.
Rules with Respect to an Industrial Expansion Exemption
3.8.
If a development includes the enlargement of the gross floor area of an existing
industrial building, the amount of the development charges that is payable in respect
of the enlargement is determined in accordance with the following:
a. Subject to subsection 3.8 (c); if the gross floor area is enlarged by 50 percent or
less of the lesser of:
1.
the gross floor area of the existing industrial building, or
ii.
the gross floor area of the existing industrial building before the first
enlargement for which:
a. an exemption from the payment of development charges was granted, or
b. a lesser development charge than would otherwise be payable under this
by-law, or predecessor thereof, was paid,
pursuant to Section 4 of the Act and this subsection, the amount of the
development charge in respect of the enlargement is zero;
b. Subject to subsection 3.8 (c), if the gross floor area is enlarged by more than 50
per cent or less of the lesser of:
i.
the gross floor area of the existing industrial building, or
Page 9 of 16
By-Law 68-2022 Development Charges By-law
11.
the gross floor area of the existing industrial building before the first
enlargement for which:
a. an exemption from the payment of development charges was granted, or
b. a lesser development charge than would otherwise be payable under this
by-law, or predecessor thereof, was paid,
pursuant to Section 4 of the Act and this subsection, the amount of the
development charge in respect of the enlargement is the amount of the
development charge that would otherwise be payable multiplied by the
fraction determined as follows:
c. determine the amount by which the enlargement exceeds 50 per cent of
the gross floor area before the first enlargement, and
d. divide the amount determined under subsection (A) by the amount of the
enlargement;
c.
For the purposes of calculating the extent to which the gross floor area of an
existing industrial building is enlarged in subsection 3.8 (b), the cumulative gross
floor area of any previous enlargements for which:
1.
An exemption from the payment of development charges was granted, or
11.
A lesser development charge than would otherwise be payable under this by-
law, or predecessor thereof, was paid,
pursuant to Section 4 of the Act and this subsection, shall be added to the
calculation of the gross floor area of the proposed enlargement.
d. For the purposes of this subsection, the enlargement must not be attached to the
existing industrial building by means only of a tunnel, bridge, passageway,
canopy, shared below grade connection, such as a service tunnel, foundation,
footing or parking facility.
3.9.
For the purpose of section 3.8, "existing industrial building" is used as defined in the
Regulation made pursuant to the Act.
Other Exemptions
3.10.
Notwithstanding the provisions of this by-law, development charges shall not be
imposed with respect to:
a. Lands, buildings or structures used or to be used for a place of worship or for the
purposes of a cemetery or burial ground exempt from taxation under the
Assessment Act; and
b. The development of non-residential farm buildings constructed for bona fide
farm uses, being that which operates with a valid Farm Business Registration
Number and is assessed in the Farmland Realty Tax Class.
Amount of Charges
Residential
3.11 .
The development charges set out in Schedule B shall be imposed on residential uses
of lands, buildings, or structures, including a dwelling unit accessory to a non-
residential use and, in the case of a mixed-use building or structure, on the
residential uses in the mixed-use building or structure, according to the type of
residential unit, and calculated with respect to each of the services according to the
type of residential use.
Page 10 of 16
By-Law 68-2022 Development Charges By-law
Non-Residential
3.12.
The development charges described in Schedule B to this by-law shall be imposed
on non-residential uses of lands, buildings, or structures, and, in the case of a mixed-
use building or structure, on the non-residential uses in the mixed-use building or
structure, and calculated with respect to each of the services according to the gross
floor area of the non-residential use.
Reduction of Development Charges for Redevelopment
3.13.
Despite any other provisions of this by-law, where, as a result of the redevelopment
of land, a building or structure existing on the same land within 5 years prior to the
date of payment of development charges in regard to such redevelopment was, or is
to be demolished, in whole or in part, or converted from one principal use to another
principal use on the same land, in order to facilitate the redevelopment, the
development charges otherwise payable with respect to such redevelopment shall be
reduced by the following amounts:
a. in the case of a residential building or structure, or in the case of a mixed-use
building or structure, the residential uses in the mixed-use building or structure,
an amount calculated by multiplying the applicable development charge under
subsection 3.11 by the number, according to type, of dwelling units that have
been or will be demolished or converted to another principal use; and
b. in the case of a non-residential building or structure or, in the case of mixed-use
building or structure, the non-residential uses in the mixed-use building or
structure, an amount calculated by multiplying the greater of the applicable
development charges under subsection 3.12 by the gross floor are that has been
or will be demolished or converted to another principal use;
provided that such amounts shall not exceed, in total, the amount of the
development charges otherwise payable with respect to the redevelopment.
Time of Calculation and Payment of Development Charges
3.14.
Development charges imposed under this by-law are calculated, payable, and
collected upon issuance of the first building permit for the development.
3.1 5.
Notwithstanding subsection 3.14 development charges for rental housing and
institutional developments are due and payable in 6 equal annual payments
commencing with the first instalment payable on the earlier of the date the first
occupancy permit is granted or the date of first occupancy, and each subsequent
instalment, including interest calculated in accordance with the Township's D.C.
Interest Rate Policy.
3.16.
Notwithstanding subsections 3.14 and 3.15 development charges for non-profit
housing developments are due and payable in 21 equal annual payment
commencing with the first instalment payable on the earlier of the date the first
occupancy permit is granted or the date of first occupancy, and each subsequent
instalment, including interest calculated in accordance with the Township's D. C.
Interest Rate Policy, continuing on the anniversary of that date.
3.17.
Where the development of land results from the approval of a site plan or zoning by-
law amendment received on or after January 1, 2020, and the approval of the
application occurred within two years of building permit issuance, the development
charges under subsections 3.11 and 3.12 shall be calculated on the rates set out in
Schedule "B" on the date of the planning application, including interest as per the
Township's D.C. Interest Rate Policy. Where both planning applications apply,
development charges under subsections 3.1 1 and 3.12 shall be calculated on the
rates, including interest as provided in the Township's D.C. Interest Rate Policy,
Page 11 of 16
By-Law 68-2022 Development Charges By-law
payable on the anniversary date each year thereafter, set out in Schedule "B" on the
date of the later planning application, including interest.
3.18.
Despite sections 3.14 to 3.17, Council from time to time, and at any time, may enter
into agreements providing for all or any part of a development charge to be paid
before or after it would otherwise be payable, in accordance with section 27 of the
Act.
4.
Payment by Services
4.1.
Despite sections 3.14 to 3.17 Council may, by agreement, give a credit towards a
development charge in exchange for work that relates to a service to which a
development charge relates under this by-law.
5.
Local Service Installation
5.1.
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 owners, 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.
6.
Indexing
6.1.
Development charges imposed pursuant to this by-law shall be adjusted annually,
without amendment to this by-law, commencing on January 1, 2023 and annually
thereafter, in accordance with the prescribed index in the Act.
7.
Schedules
7.1.
The following schedules shall form part of this by-law:
a. Schedule A: Components of Services and Classes of Services Designated in
Subsection 2.1
b. Schedule B: Residential and Non-Residential Development Charges
c. Schedule C: Map of Saltford Service Area
8.
Conflicts
8.1.
Where the Township and an owner of former owner have entered into an agreement
with respect to land within the area to which this by-law applies, and a conflict exists
between the provisions of this by-law and such agreement, the provisions of the
agreement shall prevail to the extent that there is a conflict.
9.
By-law Registration
9.1.
A certified copy of this by-law may be registered on title to any land to which this
by-law applies.
10.
By-law In Force
10.1.
This by-law shall come into effect on the date of passage hereof
11.
Date By-law Expires
11.1.
This by-law will expire at 12:01 AM on September 20, 2027 unless it is repealed by
Council at an earlier date.
Page 12 of 16
By-Law 68-2022 Development Charges By-law
Read a first and second time this 20th day of September 2022.
Read a third time and finally passed this 20th day of September 2022.
~
)1fW
Mayor, Glen McNeil
Page 13 of 16
By-Law 68-2022 Development Charges By-law
THE CORPORATION OF THE TOWNSHIP OF
ASHFIELD-COLBORNE-WAWANOSH
BY-LAW NUMBER 68-2022
SCHEDULE A
DESIGNATED MUNICIPAL SERVICES UNDER THIS BY-LAW
1. Administration
-
Growth-Related Studies
2. Parks and Recreation
3. Services Related to a Highway
-
Bridges, Culverts, Structures
-
Vehicles
-
Roads and Sidewalks
4. Water
Page 14 of 16
By-Law 68-2022 Development Charges By-law
THE CORPORATION OF THE TOWNSHIP OF
ASHFIELD-COLBORNE-WAWANOSH
BY-LAW NUMBER 68-2022
SCHEDULE B
SCHEDULE OF RESIDENTIAL AND NON-RESIDENTIAL DEVELOPMENT CHARGES
Residential Development Charges (per unit)
Service Category
Single &
Rows & I
Apartment i
Semi-
Other I (2 bed room I
Detached
Multiples I
+) per unit !
(per unit)
(per unit)
I
I
I
I
I
I
I
I
I
Municipal-wide
I
I
i
- Administration
1,085
756 I
756
I
1,565
1,090 I
- Parks & Recreation
I
1,090 ;
- Services Related to a Highway
I
6,280
4,374 I
4,374 I
I
Municipal-wide Total
I
8,930
6,220 !
6,220 .
Saltford Water
I
1,204
838 I
838
I
Saltford Total
I !
10,134
7,058 I
7,058 :
Non-Residential Development Charges (per sq.ft)
Service Category
Municipal-wide
- Administration
- Parks & Recreation
- Services Related to a Highway
! Municipal-wide Total
Non-Residential I
Development Charge
1
(per sq. ft)
0.31 I
-
I
1.68 I
I
i
2.00 i
Apartment ,
(1 bedroom, :
bachelor), i
mobile unit, I
park model
1
trailer, (per .
unit) :
633 ;
I
914 I
3,665 I
I
5,212 '.
702 .
5,914 ;
Page 15 of 16
By-Law 68-2022 Development Charges By-law
)
THE CORPORATION OF THE TOWNSHIP OF
ASHFIELD-COLBORNE-WAWANOSH
BY-LAW NUMBER 68-2022
SCHEDULE C
MAP OF SALTFORD SERVICE AREA
MTOROAD
TOWNSHIP OF ASHFIELD-COLBORNE-WAWANOSH
DEVELOPMENT CHARGES
SALTFORD SERYICI: AREA
Legend
r:J-
5eNice /vea
0
125
250
:;oo
NIINIIIIII
-
00-..,'a ~to,()iario. 2021
N A
"'-
OATI:
PROJECT No.
.>.Jl.y2022
15277
SCAI.E
FIGURE No.
,.._
xx
Page 16 of 16
By-Law 68-2022 Development Charges By-law