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The Township of Cavan Monaghan
By-law Number 2022-43
Being a by-law to establish development charges for the
Corporation of the Township of Cavan Monaghan
Whereas the Township of Cavan Monaghan will experience growth through development
and re-development;
And Whereas development and re-development requires the provision of capital works
by the Township of Cavan Monaghan;
And Whereas Council desires to ensure that the capital cost of meeting growth-related
demands for or burden on municipal services does not place an excessive financial
burden on the Township of Cavan Monaghan or its existing taxpayers while at the same
time ensuring new taxpayers contribute no more than the net capital cost attributable to
providing the current level of municipal services;
And Whereas the Development Charges Act, 1997 (the "Act") provides that the council
of a municipality may by By-law impose development charges against land to pay for
increased capital costs required because of increased needs for services;
And Whereas a development charge background study has been completed in
accordance with the Act;
And Whereas Council has provided consideration of area-rating of the development
charges;
And Whereas the Council of The Corporation of the Township of Cavan Monaghan has
given notice of and held a public meeting on the 4th of April, 2022 in accordance with the
Act and the regulations thereto;
Now Therefore, the Council of the Corporation of the Township of Cavan Monaghan
Enacts as Follows:
1.
DEFINITIONS
1.1 In this By-law the following items shall have the corresponding meanings:
"accessory", when used to describe a use, a building or a structure, means a use, a
building or a structure that is incidental, subordinate and exclusively devoted to a main
use, building or structure and located on the same lot therewith;
"act" means the Development Charges Act, as amended, or any successor thereof;
"affordable housing" means dwelling units within assisted or social housing programs
including Habitat for Humanity and assisted living;
"ancillary residential building" means a residential building that would be ancillary to a
detached dwelling, semi-detached dwelling, or row dwelling.
"apartment unit" means any residential unit within a building containing more than four
dwelling units where the units are connected by an interior corridor;
"bedroom" means a habitable room which can be used as sleeping quarters, but does
not include a bathroom, living room, dining room or kitchen;
"board of education" has the same meaning as set out in the Education Act, R.S.O.
1990, Chap. E.2, as amended, or any successor thereof;
"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 and:
(a) includes (but not limited to):
(i) cultivation of crops, whether on open land or in greenhouses, including (but not
limited to) fruit, vegetables, herbs, grains, field crops, cannabis, sod, trees,
shrubs, flowers, and ornamental plants;
(ii) raising of animals, including (but not limited to) cattle, horses, pigs, poultry,
livestock, fish; and
(iii) agricultural animal husbandry, dairying, equestrian activities, horticulture,
fallowing, pasturing, and market gardening;
(b) but excludes:
(i) retail sales activities; including but not limited to restaurants, banquet facilities,
hospitality facilities, and gift shops;
(ii) services related to grooming, boarding, or breeding or household pets; and
(iii)
cannabis processing or production facilities.
"building Code Act" means the Building Code Act, S.O. 1992, as amended, or any
successor thereof;
"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, construct or improve facilities including,
(i)
furniture and equipment other than computer equipment, and
(ii)
material acquired for circulation, reference or information purposes
by a library board as defined in the Public Libraries Act, R.S.O.
1990, Chap. P.44, as amended, or any successor thereof; and
(iii)
rolling stock with an estimated useful life of seven years or more,
and;
(e)
to undertake studies in connection with any matter under the Act and any
of the matters in clauses (a) to (d) above, including the development
charge background study required for the provision of services designated
in this By-law within or outside the municipality, including interest on
borrowing for those expenditures under clauses (a) to (e) above that are
growth-related;
"charitable dwelling" means a residential building, a part of a residential building or the
residential portion of a mixed-use building maintained and operated by a corporation
approved under the Charitable Institutions Act, R.S.O. 1990, c. C.9, for persons requiring
residential, specialized or group care and charitable dwelling includes a children's
residence under the Child, Youth and Family Services Act, 2017, S.O. 2017, C. 14,
Sched. 1, a psychiatric facility under the Mental Health Act, R.S.O. 1990, c. M.7, long-
term care home under the Long-Term Care Homes Act, 2007, S.O. 2007, c. 8, c. N.7,
and a home for special care under the Homes for Special Care Act, R.S.O. 1990, c, H.12;
"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 Development Charges Act;
"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;
"Council" means the Council of the municipality;
"development" means the construction, erection or 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;
"development charge" means a charge imposed with respect to this By-law;
"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;
"Existing" means the number, use and size that existed as of the date this By-law was
passed;
"existing industrial building" means a building or buildings existing on a site in the
Township of Cavan Monaghan on July 5, 2010 or the buildings or structures constructed
and occupied on a vacant site pursuant to site plan approval under section 41 of the
Planning Act, R.S.O. 1990, c. P.13 (the "Planning Act") subsequent to July 5, 2010 for
which full development charges were paid, and is used for or in connection with,
a)
the production, compounding, processing, packaging, crating, bottling,
packaging or assembling of raw or semi-processed goods or materials
("manufacturing") in not less than seventy-five per cent of the total gross
floor area of the building or buildings on a site ("manufacturing") or
warehousing related to the manufacturing use carried on in the building or
buildings,
b)
research or development in connection with manufacturing in not less than
seventy-five per cent of the total gross floor area of the building or
buildings on a site,
c)
retail sales by a manufacturer, if the retail sales are at the site where the
manufacturing is carried out, such retail sales are restricted to goods
manufactured at the site, and the building or part of a building where such
retail sales are carried out does not constitute greater than twenty-five per
cent of the total gross floor area of the building or buildings on the site, or
d)
office or administrative purposes, if they are,
(i)
carried out with respect to the manufacturing or warehousing; and,
(ii)
in or attached to the building or structure used for such
manufacturing or warehousing;
"farm building" means that part of a bona fide farming operation encompassing barns,
silos and other ancillary development to an agricultural use, but excluding a residential
use;
"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 the 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 outside surfaces of exterior walls and the centre line
(c)
of party walls dividing a non-residential use and a residential use,
except for:
(i)
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;
(ii)
loading facilities above or below grade; and
(iii)
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;
"hospice" means a building or portion of a mixed-use building designed and intended to
provide palliative care and emotional support to the terminally ill in a home or homelike
setting so that quality of life is maintained, and family members may be active
participants in care;
"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;
"Institutional" means land, buildings, structures or any part thereof used by any
organization, group or association for promotion of charitable, educational or benevolent
objectives and not for profit or gain;
"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, 2010;
(c) by any of the following post-secondary institutions for the objects of the institution:
i. a university in Ontario that receives direct, regular, and ongoing operating
funding from the Government of Ontario,
ii. 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, 2017;
(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.
"Local Board" means a school board, public utility, 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 or authority under any general
or special Act with respect to any of the affairs or purposes, including school purposes, of
the Township of Cavan Monaghan or any part or parts thereof;
"local services" means those services, facilities or things which are under the jurisdiction
of the municipality 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.O. 19990, Chap. P.13, as amended, or any successor thereof;
"multiple dwellings" means all dwellings other than single-detached, semi-detached and
apartment unit dwellings;
"municipality" means the Corporation of the Township of Cavan Monaghan;
"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.
"non-profit organization" means:
i) a "registered charity" as defined in subsection 248(1) of the Income Tax Act,
R.S.C. 1985, c. 1 (5th Supp.), as amended;
ii) a corporation that is a non-profit organization for the purposes of paragraph
57(1)(b) of the Corporations Tax Act, R.S.O. 1990, c. C.40; or
"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;
"Official Plan" means the Official Plan adopted for the Township, as amended and
approved;
"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'
"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. 1990, Chap. A.31, as amended,
or any successor thereof;
"public hospital" means a public hospital receiving aid under the Public Hospitals Act,
1990, Chap. P.40, as amended, or any successor thereof
"Rate" means the interest rate established weekly by the Bank of Canada based on
Treasury Bills having a term of 91 days;
"regulation" means any regulation made pursuant to the Act;
"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;
"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
Dwelling Units but not including motels, hotels, tents, truck campers, tourist trailers,
mobile camper trailers or boarding, lodging or rooming houses;
"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;
"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;
"row dwelling" 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;
"semi-detached dwelling" means a building divided vertically into two dwelling units each
of which has a separate entrance and access to grade;
"service" means a service designed in Schedule "A" to this By-law, and "services" shall
have a corresponding meaning;
"servicing agreement" means an agreement between a landowner and the municipality
relative to the provision of municipal services to specified land within the municipality;
"single detached dwelling unit" means a residential building consisting of one dwelling
unit and not attached to another structure;
"solar farm" means any solar energy system comprised of one or more solar panels and
associated control or conversion electronics that converts sunlight into electricity. A solar
farm may be connected to the electricity grid in circuits at a substation to provide
electricity off-site for sale to an electrical utility or other intermediary;
"special care/special dwelling" means:
a)
a building containing two or more dwelling units, which units have a
common entrance from street level:
i)
where the occupants have the right to use in common, halls, stairs,
yards, common rooms and accessory buildings;
ii)
which may or may not have exclusive sanitary and/or culinary
facilities;
iii)
that is designed to accommodate persons with specific needs,
including, but not limited to, independent permanent living
arrangements; and
iv)
where support services such as meal preparation, grocery
shopping, laundry, housekeeping, nursing, respite care and
attendant services are provided at various levels;
and includes but is not limited to, retirement homes or lodges, nursing homes,
charitable dwellings, group homes (including correctional group homes) and hospices;
b)
a building that is a student residence.
"telecommunications tower" - means any tower, apparatus, structure or other thing that is
used or is capable of being used for telecommunications of for any operation directly
connected with telecommunications, and includes a transmission facility, as define in the
Telecommunications Act;
"township" means the area within the geographic limits of the Township of Cavan
Monaghan;
"wind turbine" means a part of a system that converts energy into electricity, and consists
of a wind turbine, a tower and associated control of conversion electronics. A wind
turbine and energy system may be connected to the electricity grid in circuits at a
substation to provide electricity of site for sale to an electrical utility or other
intermediaries.
"Zoning By-Law" means the Zoning By-Law of the Township of Cavan Monaghan, or any
successor thereof passed pursuant to Section 34 of the Planning Act, S.O. 1998.
2.
Designation of Services
2.1
The categories of services for which development charges are imposed under
this By-law are as follows:
(a)
Water Services (Millbrook);
(b)
Wastewater Services (Millbrook);
(c)
Services Related to a Highway;
(d)
Fire Protection Services;
(e)
Policing Services;
(f)
Library Services;
(g)
Parks & Recreation Services; and
(h)
Growth Studies;
2.2
The components of the services designated in section 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 section 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 section 3.3, this By-law applies to all lands in the Township of Cavan
Monaghan whether or not the land or use thereof is exempt from taxation under
s. 13 or the Assessment Act.
3.2.1 Development charges for services (a) and (b) in section 2.1, shall be imposed on
development and redevelopment for which water and/or wastewater services are
available.
3.3.
Notwithstanding clause 3.2 above, this By-law shall not apply to lands that are
owned by and used for the purposes of:
(a)
the municipality or a local board thereof;
(b)
a board of education; or
(c)
the Corporation of the County of Peterborough or a local board thereof.
Approvals for Development
3.4
(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;
(iii)
a conveyance of land to which a By-law passed under subsection
50(7) of the 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;
(vi)
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
(vii)
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
(d)
shall be imposed if the subsequent action has the effect or increasing the
need for services.
Exemptions
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:
3.6
Notwithstanding section 3.5(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 section 3.5(d), development charges shall be imposed if the
additional unit has a gross floor area greater than:
i.
in the case of a 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.
3.8
Exemption for Industrial Development:
3.8.1 Notwithstanding any other provision of this By-law, there shall be an exemption
from the payment of development charges for one or more enlargements of an
existing industrial building on its site, where attached to the existing industrial
building, up to a maximum of fifty per cent of the gross floor area before the first
enlargement for which an exemption from the payment of development charges
was granted pursuant to the Development Charges Act or this section.
Development charges shall be imposed in accordance with this By-law with
respect to the amount of the floor area of an enlargement that results in the gross
floor area of the industrial building being increased by greater than fifty per cent
of the gross floor area of the existing industrial building.
3.8.2 If the gross floor area of an existing industrial building is enlarged by greater than
50 percent, the amount of the development charge payable in respect of the
enlargement is the amount of the development charge that would otherwise be
payable multiplied by the fraction determined as follows:
1)
determine the amount by which the enlargement exceeds 50
percent of the gross floor area before the enlargement;
2)
divide the amount determined under subsection 1) by the amount of
the enlargement
3.9
For the purpose of section 3.8 herein, "existing industrial building" is used as
defined in the Regulation made pursuant to the Act.
3.10 Other Exemptions:
Notwithstanding the provision of this By-law, development charges shall not be
imposed with respect to:
a)
lands, buildings or structures used or to be used for the purposes of
a cemetery or burial ground exempt from taxation under the
Assessment Act;
b)
a public hospital receiving aid under the Public Hospitals Act,
R.S.O. 1990, Chap. P.40, as amended, or any successor thereof;
and
c)
the development of non-residential farm buildings constructed for
bona fide farm uses;
d)
Non-profit Organization; and
e)
Affordable Housing.
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.
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 total floor area of the non-residential use.
3.12.1 Notwithstanding subsections 3.11 and 3.12 of this By-law, the following
percentages of each service for industrial uses, as provided below, shall be
imposed for the period of August 3, 2022 to August 2, 2027.
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
five 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 applicable
development charges under subsection 3.12, by the gross floor area 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.
Percentage of Schedule "B" Non-residential Charges to be Imposed for Industrial Uses
Service
August 3, 2022
to
August 2, 2023
August 3, 2023
to
August 2, 2024
August 3, 2024
to
August 2, 2025
August 3, 2025
to
August 2, 2026
August 3, 2026
to
August 2, 2027
Municipal Wide Services/Class of Service:
Services Related to a Highway
0%
0%
0%
0%
0%
Fire Protection Services
0%
0%
0%
0%
0%
Policing Services
0%
0%
0%
0%
0%
Parks and Recreation Services
0%
0%
0%
0%
0%
Library Services
0%
0%
0%
0%
0%
Growth Studies
0%
0%
0%
0%
0%
Millbrook Area-specific Services
100%
100%
100%
100%
100%
Wastewater Services
100%
100%
100%
100%
100%
Water Services
100%
100%
100%
100%
100%
Time of 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 for all
services except water and wastewater.
3.15 For water and wastewater services, the development charges imposed under this
By-law, with respect to an approval of a plan of subdivision or a severance under
section 51 or 53 of the Planning Act, are calculated, payable and collected
immediately upon entering into the subdivision/consent agreement, based upon
the number and type of residential lots created, and, in the case of subdivision
blocks, based on the maximum zoned capacity of each block pursuant to the
Township's Zoning By-law.
3.16 Notwithstanding subsections 3.14 and 3.15 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.
3.17 Notwithstanding subsections 3.14 and 3.15 development charges for non-profit
housing developments are due and payable in 21 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, continuing on the anniversary of that date.
3.18 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 3.11 and 3.12 shall
be calculated on the rates, including interest as provided in the Township's D.C.
Interest Rate Policy, payable on the anniversary date each year thereafter, set
out in Schedule "B" on the date of the later planning application, including
interest.
3.19 Despite sections 3.14 to 3.18, 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 the payment required under subsections 3.11 to 3.18, 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.
Indexing
5.1
Development charges imposed pursuant to this By-law shall be adjusted
annually, without amendment to this By-law, commencing on the 1st of January,
2023 and each year thereafter, in accordance with the prescribed index in the
Act.
6.
Schedules
6.1
The following schedules shall form part of this By-law:
Schedule A -
Components of Services Designated in section 2.1
Schedule B -
Residential and Non-Residential Development Charges
7.
Conflicts
7.1
Where the Township and an owner or 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.
7.2
Notwithstanding section 7.1, where a development which is the subject of an
agreement to which section 7.1 applies, is subsequently the subject of one or
more of the actions described in subsection 3.4(a), an additional development
charge in respect of the development permitted by the action shall be calculated,
payable and collected in accordance with the provisions of this By-law if the
development has the effect of increasing the need for services, unless such
agreement provides otherwise.
8.
Severability
8.1
If, for any reason, any provision of this By-law is held to be invalid, it is hereby
declared to be the intention of Council that all the remainder of this By-law shall
continue in full force and effect until repealed, re-enacted, amended or modified.
9.
Date By-law in Force
9.1
This By-law shall come into effect at 12:01 AM on August 3, 2022.
10.
Date By-law Expires
10.1
This By-law will expire at 12:01 AM on August 2, 2027 unless it is repealed by
Council at an earlier date.
11.
Existing By-laws Repealed
11.1
By-law number 2019-69 is hereby repealed as of the date and time of this By-law
coming into effect.
Read a first, second and third time and passed this 2nd day of August, 2022.
________________________
________________________
Scott McFadden
Cindy Page
Mayor
Clerk
Schedule A
To By-law No. 2022-43
Township of Cavan Monaghan Components of Services Designated in
Subsection 2.1
Township-wide Services and Classes of Services
Services Related to a Highway
Roads, Sidewalks & Streetlights
Public Works Facilities and Fleet
Fire Protection Services
Fire Facilities
Fire Vehicles
Fire Small Equipment and Gear
Policing Services
Police Facilities
Police Small Equipment and Gear
Parks & Recreation Services
Parkland Development, Amenities and Trails
Recreation Rolling Stock and Equipment
Recreation Facilities
Library Services
Library Facilities
Library Materials
Growth Studies
Services Related to a Highway
Fire Protection Services
Policing Services
Parks and Recreation Services
Library Services
Millbrook Area-Specific Services
Water Services
Wastewater Services
SCHEDULE "B"
BY-LAW NO. 2022-43
SCHEDULE OF DEVELOPMENT CHARGES
NON-RESIDENTIAL
Single and Semi-
Detached Dwelling
Other Multiples
Apartments - 2
Bedrooms +
Apartments -
Bachelor and 1
Bedroom
Special
Care/Special
Dwelling Units
(per sq.ft. of Gross
Floor Area)
Municipal Wide Services/Class of Service:
Services Related to a Highway
2,990
2,026
1,890
1,161
1,125
1.16
2,990
1.16
Fire Protection Services
1,306
885
826
507
491
0.51
1,306
0.51
Policing Services
37
25
23
14
14
0.01
37
0.01
Parks and Recreation Services
2,635
1,786
1,666
1,023
992
0.11
-
-
Library Services
936
634
592
363
352
0.04
-
-
Growth Studies
201
136
127
78
76
0.07
201
0.07
Total Municipal Wide Services/Class of Services
8,105
5,492
5,124
3,146
3,050
1.90
4,534
1.75
Millbrook Area-specific Services
Wastewater Services
14,520
9,841
9,180
5,638
5,464
2.41
-
-
Water Services
6,863
4,651
4,339
2,665
2,583
2.03
-
-
Total Urban Services
21,383
14,492
13,519
8,303
8,047
4.44
-
-
GRAND TOTAL RURAL AREA
8,105
5,492
5,124
3,146
3,050
1.90
4,534
1.75
GRAND TOTAL URBAN AREA
29,488
19,984
18,643
11,449
11,097
6.34
4,534
1.75
Service/Class of Service
RESIDENTIAL
Wind Turbines/
Telecommunications
Towers (per unit)
Solar Farms
(per sq.ft. of Gross
Floor Area of Panels)