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Township of Lucan Biddulph
BY-LAW NO. 26-2023
A by-law respecting Development Charges.
WHEREAS section 2(1) of the Development Charges Act, 1997 S.O. 1997, c 27,
authorizes the council of a municipality to pass by-laws for the imposition of
development charges against land located in the municipality where the development of
land would increase the need for municipal services as designated in the by-law:
NOW THEREFORE the Council for the Corporation of the Township of Lucan Biddulph
hereby enacts as follows:
Part 1 - Definitions
1.
In this By-law,
"accessory use" means where used to describe a use, building or structure that the use,
building or structure in the naturally and normally incidental, subordinate in purpose of
floor area or both and exclusively devoted to a principal use, building or structure;
"agricultural use" means a bona fide farming operation;
"apartment, bachelor" means a dwelling unit consisting of one bathroom and not more
than two (2) habitable rooms, providing therein living, dining, sleeping and kitchen
accommodation in appropriate individual or combination room or rooms;
"apartment building" means the whole of a structure that contains four or more dwelling
units which units have a common entrance from street level and are served by a
common corridor and the occupant of which units have the right to use in common the
corridors, stairs, elevators, yards or one or more of them, and "apartment" shall mean
one such unit located within an apartment building;
"average level of service" means the average level of service in the municipality for the
fifteen years immediately preceding the preparation of the background study;
"background study" means the study required prior to passage of this By-law of the
increases in services, and the capital costs associated therewith, projected as a result
of development;
"bona fide farm use" means the proposed development qualifies as a farm business
operating with a valid Farm Business Registration Number issued by the Ontario
Township of Lucan Biddulph By-law # 26-2023
Development Charges
Page 2
Ministry of Agriculture, Food and Rural Affairs on lands assessed in the Farmland
Realty Tax Class by the Municipal Property Assessment Corporation pursuant to the
Assessment Act, R.S.O. 1990, c.A.31, as amended. It excludes residential dwellings
associated with farm.
"capital costs" means costs incurred or proposed to be incurred by the Corporation or a
local board thereof directly or under an agreement;
a.
Costs to acquire land or an interest in land, including a leasehold interest;
b.
Costs to improve land;
c.
Costs to acquire, lease, construct or improve buildings and structures;
d.
Costs to acquire, lease, construct or improve facilities including;
1.
Rolling stock with an estimated useful life of seven years or more,
2.
Furniture and equipment, other than computer equipment, and
e.
Materials acquired for circulation, reference or information purposes by a
library board as defined in the Public Libraries Act;
f.
Interest on money borrowed to pay for costs described in paragraphs a-d
only the capital component of costs to lease anything or to acquire a
leasehold interest is included as a capital cost.
"Commercial" means any use of land, structures or buildings or portions thereof used,
designed or intended 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;
"Corporation" means the Corporation of the Township of Lucan Biddulph;
"Council" means the Council of the Corporation;
"Development" which includes redevelopment, 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 including alterations to the interior of a building that
has the effect of changing the size or usability thereof, and includes all enlargement of
existing development which creates new dwelling units or additional commercial,
industrial or institutional space; and "redevelopment" has a corresponding meaning;
"Development charge" means a charge imposed for increased capital costs required
because of increased need for service arising from development of the area to which
this By-law applies;
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"Dwelling" means a building, occupied or designed to be occupied exclusively as a
home, residence or sleeping place by one or more persons, but shall not include hotels,
boarding or rooming houses, motels or institutions;
"Dwelling, multiple" means all dwellings other than a single detached dwelling, a semi-
detached dwelling, a bachelor apartment and an apartment;
"Dwelling, semi-detached" means a residential building divided vertically into two
dwelling units each of which has a separate entrance and access to grade;
"Dwelling, single detached" means a residential building, which contains a single
dwelling unit, that is not attached to other buildings;
"Dwelling, townhouse" means a building that is divided vertically into three (3) or more
separate dwelling units.
"Dwelling unit" means one or more habitable rooms occupied or designed to be
occupied by an individual or family as an independent and separate housekeeping
establishment in which separate kitchen and sanitary facilities are provided for the use
of such individual or family, with a private entrance from outside the building or from a
common hallway or stairway inside the building;
"Existing" means the number, use and size that existed as of the date this by-law was
passed.
"Existing industrial building" means a building used for or in connection with,
a.
manufacturing, producing, processing, storing or distributing something,
b.
research or development in connection with manufacturing, producing or
processing something,
c.
retail sales by a manufacturer, producer or processor of something they
manufactured, produced or processed, if the retail sales are at the site
where the manufacturing, production or processing takes place,
d.
office or administrative purposes, if they are,
1.
carried out with respect to manufacturing, producing, processing,
storage or distributing of something, and
2.
in or attached to the building or structure used for that
manufacturing, producing, processing, storage or distribution;
("immeuble industriel existant")
"Front-end payment" means a payment made by an owner pursuant to a front-ending
agreement, which may be in addition to a development charge that the owner is
required to pay under this By-law, to cover the capital costs of the services designated
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in the agreement that are required to enable land to be developed within the
Corporation;
"Granton Urban Area" means all lands within the urban settlement area of Granton, as
shown in the Lucan Biddulph Official Plan, and those lands outside the urban serviced
area serviced by the Granton wastewater collection system or Granton drinking water
system.
"Gross floor area" means the total floor area, measured between the outside of exterior
walls or between the outside of exterior walls and the centre line of party walls dividing
the building from another building, of all floors above the average level of finished
ground adjoining the building at its exterior wall;
"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 were 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 development of a building or structure intended for use,
a.
as a long-term care home within the meaning of subsection 2 (1) of the
Fixing Long-Term Care Act, 2021;
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:
1.
a university in Ontario that receives direct, regular and ongoing
operating funding from the Government of Ontario,
2.
a college or university federated or affiliated with a university
described in subclause (i), or
3.
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. O. Reg. 454/19, s. 3 (1); O. Reg.
284/22, s. 1.
"Local board" means a public utility commission, transportation commission, public
library board, board of park management, board of health, police service board,
planning board, or any other board, commission, committee, body or local authority
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established or exercising any power or authority under any general or special Act with
respect to any of the affairs or purposes of the Corporation or any part or parts thereof,
but does not include a board defined in subsection 1(1) of the Education Act;
"Lucan Urban Area" means all lands within the urban settlement area of Lucan, as
shown in the Lucan Biddulph Official Plan, and those lands outside the urban serviced
area serviced by the Lucan wastewater collection system or Lucan drinking water
system.
"Minister" means the Minister of Municipal Affairs and Housing;
"non-profit housing development" means the development of a building or structure
intended for use as a residential premises and developed by,
a.
a corporation to which the Not-for-Profit Corporations Act, 2010 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. 2022, c. 21, Sched. 3, s. 4.
"non-profit organization" means:
a.
a "registered charity" as defined in subsection 248(1) of the Income Tax
Act, R.S.C. 1985, c. 1 (5th Supp.), as amended;
b.
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
"Non-residential" means commercial, industrial or institutional development;
"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;
"Places of worship" means that part of 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;
"Remainder of the Township" means the areas of the Township not within either the
Lucan Urban Area or Granton Urban Area.
"Rental housing development" means development of a building or structure with four or
more residential units all of which are intended for use as rented residential premises.
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"Services" means those services designated in section 9 of this By-law or in an
agreement made under Part V of this By-law;
"Treasurer" means the treasurer for the Corporation of the Township of Lucan Biddulph;
Part II - Application
2.
This By-law applies to all lands in the geographic area of the Corporation.
Different charges shall apply to development of land within the Lucan Urban
Area, the Granton Urban Area, and the remainder of the municipality.
3.
This By-law does not apply to land that is owned by and used for the purposes
of;
a.
A board of education;
b.
The Corporation or any local board thereof; and
c.
The Corporation of the County of Middlesex or any local board thereof.
4.
No development charge under section 5 is payable where the development;
a.
Is an enlargement of an existing dwelling unit;
b.
The creation of additional dwelling units equal to the greater or 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;
c.
Is the creation of any of the following in existing houses:
1.
A second residential unit in an existing detached house, semi-
detached house or rowhouse on a parcel of land on which
residential use, other than ancillary residential use, is permitted, if
all buildings and structures ancillary to existing detached house,
semi-detached house or rowhouse cumulatively contain no more
than one residential unit.
2.
A third residential unit in an existing detached house, semi-
detached house or rowhouse on a parcel of land on which
residential use, other than ancillary residential use, is permitted, if
no building or structure ancillary to the existing detached house,
semi-detached house or rowhouse contains any residential units.
3.
One residential unit in a building or structure ancillary to an existing
detached house, semi-detached house or rowhouse on a parcel of
urban residential land, if the existing detached house, semi-
detached house or rowhouse contains no more than two residential
Township of Lucan Biddulph By-law # 26-2023
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units and no other building or structure ancillary to the existing
detached house, semi-detached house or rowhouse contains any
residential units.
d.
Is the creation of any of the following in new residential buildings:
1.
A second residential unit in a new detached house, semi-detached
house or rowhouse on a parcel of land on which residential use,
other than ancillary residential use is permitted, if all buildings and
structures ancillary to the new detached house, semi-detached
house or rowhouse cumulatively will contain no more than one
residential units;
2.
A third residential unit in a new detached house, semi-detached
house or rowhouse on a parcel of land on which residential use,
other than ancillary residential use, is permitted, if no building or
structure ancillary to the new detached house, semi-detached
house or rowhouse contains any residential units;
3.
One residential unit in a building or structure ancillary to a new
detached house, semi-detached house or rowhouse on a parcel of
urban residential land, if the new detached house, semi-detached
house or rowhouse contains no more than two residential units and
no other building or structure ancillary to the new detached house,
semi-detached house or rowhouse contains any residential units;
e.
Is a place of worship and land used in connection therewith and every
churchyard, cemetery, burying ground or burial site that is exempt from
taxation under section 3 of the Assessment Act;
f.
Is the enlargement of an existing industrial building if the gross floor area
is enlarged by fifty percent or less;
g.
Non-profit housing;
h.
Is a bona fide non-residential farm building; and
5.
Subject to Section 6, Development Charges shall be imposed upon and shall be
applied, calculated and collected in accordance with the provisions of this By-law
on all land to be developed for residential and non-residential uses, where
a.
The development of the land will increase the need for services; and
b.
The development requires any one of;
1.
The passing of a zoning by-law or of an amendment thereto under
Section 34 of the Planning Act
Township of Lucan Biddulph By-law # 26-2023
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2.
The approval of a minor variance under Section 45 of the Planning
Act
3.
A conveyance of land to which a by-law passed under Subsection
50(7) of the Planning Act applies;
4.
The approval of a plan of subdivision under Section 51 of the
Planning Act;
5.
A consent under Section 53 of the Planning Act;
6.
The approval of a description under Section 50 of the Condominium
Act; or
7.
The issuing of a permit under the Building Code Act, 1992 in
relation to a building or structure.
6.
Section 5 shall not apply in respect of,
a.
Those services, relating to a plan of subdivision or within the area to which
the plan relates, to be installed or paid for by the owner as a condition of
approval under Section 51 of the Planning Act; and
b.
those services to be installed or paid for by the owner as a condition of
approval under Section 53 of the Planning Act.
7.
Development charges shall not be imposed to pay for increased capital costs
required because of increased needs for any of the following:
a.
the provision of cultural or entertainment facilities, including museums,
theatres and art galleries but not including public libraries;
b.
the provision of tourism facilities including convention centres;
c.
the acquisition of land for parks;
d.
the provision of a hospital as defined in the Public Hospitals Act;
e.
the provision of landfill sites and services;
f.
the provision of facilities and services for the incineration of waste; or
g.
the provision of headquarters for the general administration of
municipalities and local boards.
8.
In no event shall a shortfall caused by the exclusion of development charges
listed in Section 4 be made up for by increasing the development charge for
other development.
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PART III - RATES AND CALCULATIONS
9.
Development charges against land within the Corporation which is to be
developed shall be based upon the following designated services provided by the
Corporation:
a.
sanitary sewage service, including sewage treatment facilities, trunk
sanitary sewers, and pumping stations related to the provision of these
services;
b.
water service, including infrastructure related to the provisions of these
services;
c.
stormwater management facilities;
d.
roads, sidewalks, and public works facilities;
e.
fire protection, including fire station space;
f.
parkland development; and
g.
library services.
10.
Subject to the provisions of this Part and this By-law, development charges
imposed upon land within the Corporation which is to be developed shall be
calculated and collected as set out in Schedule "A" to this By-law.
11.
Development charges imposed pursuant to this By-law may be adjusted
annually, without amendment to this By-law, commencing on January 1, in
accordance with the prescribed index.
12.
The development charge for rental housing developments, where the residential
units are intended to be used as a rented residential premise will be reduced
based on the number of bedrooms in each unit as follows:
a.
Three or more bedrooms - 25% reduction
b.
Two bedrooms - 20% reduction; and
c.
All other bedroom quantities - 15% reduction.
13.
Despite any other provisions of this By-law where, as a result of the development
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 development 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:
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1.
In the case of a residential building or structure, or in the base 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 Section 5 by the number,
according to type, of dwelling units that have been or will be
demolished or converted to another principal use; and
2.
In the case of non-residential building or structure, or in the case of
a 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 Section 5 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.
14.
The development charges shall be phased in based on the following percentages
of the calculated charge (subject to indexing as per Section 11 of this by-law) as
described in Appendix A.
a.
Year 1 of the bylaw - 80% of the calculated charge
b.
Year 2 of the by-law - 85% of the calculated charge
c.
Year 3 of the by-law - 90% of the calculated charge
d.
Year 4 of the by-law - 95% of the calculated charge
e.
Year 5 to expiry - 100% of the calculated charge
PART IV - COMPLAINTS
15.
An owner may complain in writing to the Council in respect of the development
charge imposed by the Corporation that,
a.
the amount of the development charge was incorrectly determined;
b.
whether a credit is available to be used against the development charge,
or the amount of the credit or the service with respect to which the credit
was given, was incorrectly determined; and
c.
there was an error in the application of this By-law.
16.
A complaint may not be made under Section 12 later than 90 days after the date
the development charge, or any part of it, is payable.
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17.
The complaint must be in writing, must state the complainant's name, the
address where notices can be given to the complainant and the reasons for the
complaint.
18.
The Council shall hold a hearing into the complaint and shall give the
complainant an opportunity to make representation at the hearing.
19.
The Clerk of the Corporation shall mail a notice of the hearing to the complainant
at least fourteen (14) days before the hearing.
20.
Council may:
a.
dismiss the complaint; or
b.
rectify any incorrect determination or error that was the subject of the
complaint.
21.
The Clerk of the Corporation shall mail to the complainant a notice of the
Council's decision and of the last day for appealing the decision, which shall be
the day that is forty (40) days after the day the decision is made. The notice
required under this section must be mailed not later than twenty (20) days after
the day the Council's decision is made.
PART V - FRONT ENDING AGREEMENT
22.
The services which may be the subject of a front-ending agreement must be
services to which the work relates and to which this By-law relates and are set
out below,
a.
sanitary sewage service, including sewage treatment facilities, trunk
sanitary sewers and pumping stations;
b.
water service, including water supply and watermains;
c.
storm water drainage and control services; and
d.
roads, bridges and sidewalks.
23.
A front-ending agreement may provide for the following to be included in the cost
of the work;
a.
the reasonable costs of administering the agreement; and
b.
the reasonable costs of consultants and studies required to prepare the
agreement.
24.
A front-ending agreement must contain the following:
a.
a description of the work to be done, a definition of the area of the
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municipality that will benefit from the work and the estimated cost of the
work;
b.
the proportion of the cost of the work that will be borne by each party to
the agreement;
c.
the method for determining the part of the costs of the work that will be
reimbursed by the persons who, in the future, develop land within the area
defined in the agreement;
d.
the amount, or a method for determining the amount, of the non-
reimbursable share of the costs of the work for the parties and for persons
who reimburse parts of the costs of the work; and
e.
a description of the way in which amounts collected from persons to
reimburse the costs of the work will be allocated.
25.
A front-ending agreement may contain other provisions in addition to those
required under Section 24.
26.
A front-ending agreement may provide for a person who is not a party to the
agreement to pay an amount only if the person develops land and a development
charge could be imposed for the development under Section 5.
27.
Sections 9 (e-h) and 11 apply with modifications to amounts a person who is not
a party to a front-ending agreement must pay under the agreement.
28.
A front-ending agreement may provide for persons who reimburse part of the
costs of the work borne by the parties to be themselves reimbursed by persons
who later develop land within the area defined in the agreement.
29.
A front-ending agreement must not provide for a person to be reimbursed for any
part of their non-reimbursable share of the costs of the work as determined under
the agreement.
30.
A front-ending agreement comes into force on the day the agreement is made.
31.
A front-ending agreement that is terminated by the Ontario Land Tribunal shall be
deemed to have never come into force.
32.
A person who develops land within the area defined in a front-ending agreement
shall pay any amount to the Corporation that the agreement provides upon a
building permit being issued for the development unless the front-ending
agreement provides for the amount to be payable on a later day or on an earlier
day.
33.
A front-ending agreement may provide that an amount payable for development
that requires approval of a plan of subdivision under Section 51 of the Planning
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Act or a consent under Section 53 of the Planning Act and for which a
subdivision agreement or consent agreement is entered into, be payable
immediately upon the parties entering into the subdivision or consent agreement.
34.
The Corporation shall place money received under a front-ending agreement into
a special account, which shall be used, in accordance with the agreement, only
to pay for work provided for under the agreement and to reimburse those who,
under the agreement, have a right to be reimbursed.
35.
Notwithstanding Section 32, if the Corporation receives money from parties to the
agreement to pay for work provided under the agreement, the Corporation shall,
if the agreement so provides return to the parties any amounts that are not
needed to pay for the work.
36.
If an objection to a front-ending agreement is made, the Corporation shall retain
any money received from persons who are not parties to the agreement until all
the objections to the agreement are disposed of by the Ontario Land Tribunal. If
the Ontario Land Tribunal makes an order that the agreement be terminated
unless amended in accordance with the Ontario Land Tribunal's order the
Corporation shall retain the money until the agreement is either terminated or
amended.
37.
A person is entitled to be given a credit towards a development charge for the
amount of their non-reimbursable share of costs of work under a front-ending
agreement.
38.
If the work would result in a level of service that exceeds the average level of the
service in the fifteen (15) year period immediately preceding the preparation of
the background study for this by-law, the amount of the credit must be reduced in
the same proportion that the costs of the work that relate to a level of service that
exceeds that average level of service bear to the costs of the work.
39.
Credits under Section 37 shall be treated as though they were credits under
Section 43.
40.
A party to a front-ending agreement may register the agreement or a certified
copy of it against the land to which it applies.
PART VI - RESERVE FUNDS
41.
The Corporation shall establish a separate reserve fund for each category of
service to which the development charge relates.
42.
Payments received by the Corporation under Part III of this By-law shall be paid
into the reserve fund or funds to which the charge relates and shall be used only
for capital costs.
43.
Notwithstanding Section 42, the Corporation may borrow money from a reserve
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fund but if it does so the Corporation shall repay the amount used plus interest at
a rate not less than the Bank of Canada rate on the day this By-law comes into
force.
44.
The Treasurer shall each year on or before such date as the Council may direct,
give the Council a financial statement relating to this By-law and reserve funds
established under Section 41.
PART VII - CREDITS
45.
The Corporation shall give a person a credit towards the development charge in
accordance with the agreement if the person performs work that relates to a
service to which a development charge by-law relates.
46.
The amount of the credit is the reasonable cost of doing the work as agreed by
the Corporation and the person who is to be given the credit.
47.
No credit may be given for any part of the cost of work that relates to an increase
in the level of service that exceeds the average level of service.
48.
A credit, or any part of it, may be given before the work for which the credit is
given is completed.
49.
A credit given in exchange for work done is a credit only in relation to the service
to which the work relates.
50.
If the work relates to more than one service, the credit for the work must be
allocated in the manner agreed by the Corporation among the services to which
the work relates.
51.
The Corporation may agree that a credit given be in relation to another service to
which this By-law applies.
52.
The Corporation may agree to change a credit so that it relates to another
service to which this By-law relates.
53.
A credit may not be transferred unless the holder and person to whom the credit
is to be transferred have agreed in writing to the transfer, and the Corporation
has agreed to the transfer, either in the agreement under which the holder was
given the credit or subsequently.
54.
The transfer of a credit is not effective until the Corporation transfers it.
The Corporation shall transfer a credit upon being requested to do so by the
holder, the person to whom the credit is to be transferred or the agent of either of
them and being given proof that the conditions in Section 45 are satisfied.
55.
A credit that relates to a service may be used only with respect to that part of a
development charge that relates to the service.
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56.
A credit may only be used by the holder, his agent or the transferee in the event
that the credit has been transferred by the holder with the approval of the
Corporation.
PART VIII - ADMINISTRATION
57.
A Development Charge is payable for a development prior to the issuance of a
Building Permit.
58.
If any amount is payable under a front-ending agreement by a person who
develops land, the Corporation shall not issue a building permit for the
development until the amount is paid.
59.
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 the building permit issuance, the
development charges shall be calculated on the rates set out in Schedule A on
the date of the planning application, including interest in accordance with section
26.3 of the Act. Where both planning applications apply, development charges
shall be calculated on the rates, including interest in accordance with section
26.3 of the Act, payable on the anniversary date each year thereafter, set out in
Schedule A on the date of the later planning application, including interest.
60.
Despite Sections 57 and 58, the Corporation may enter into an agreement with a
person who is required to pay a development charge providing for all or any part
of a development charge to be paid before or after it would otherwise by payable.
61.
The total amount of a development charge payable under an agreement under
Section 60 is the amount of the development charge that would be determined
under this By-law on the day specified in the agreement or, if no such day is
specified, at the earlier of,
a.
the time the development charge or any part of it is payable under the
agreement; and
b.
the time the development charge would have been payable in the absence
of the agreement.
62.
Despite Section 57, a development charge in respect of any part of a
development that consists of a rental housing development or institutional
development, is payable in accordance with this section:
a.
a development charge shall be paid in equal annual instalments beginning
on the earlier of the date of the issuance of a permit under the Building
Code Act, 1992, authorizing occupation of the building and the date the
building is first occupied, and continuing on the following five anniversaries
of that date;
Township of Lucan Biddulph By-law # 26-2023
Development Charges
Page 16
b.
The amount of a development charge referred to in subsection (a) is the
amount of the development charge determined in accordance with Section
57, including interest calculated in accordance with section 26.3 of the Act.
c.
Unpaid instalments under subsection (a) and interest may be added to the
tax roll and collected in the same manner as taxes.
d.
If any part of a development to which this section applies is changed so
that it no longer consists of a type of development set out in subsection
(a), the development charges, including any interest payable, but
excluding any instalments already paid in accordance with subsection (a),
is payable immediately.
e.
This section does not apply in cases where there is an agreement under
Section 60.
63.
An agreement under Section 60 may allow the Corporation to charge interest, in
accordance with Section 26.3 of the Act.
64.
Nothing in this by-law prevents the Council from passing subsequent
development charges by-laws applying to the area covered under this by-law.
65.
A certified copy of this by-law may be registered against the land to which it
applies.
66.
Where a development charge or any part of it remains unpaid after it is payable,
the amount unpaid shall be added to the tax roll and shall be collected in the
same manner as taxes.
67.
This By-law shall be administered by the Chief Building Official.
68.
This By-law shall come into force and effect on June 6, 2023.
69.
This By-law shall continue in force and effect for a period not to exceed ten (10)
years from the date of passage, unless it is repealed at an earlier date by a
subsequent bylaw.
70.
This By-law may be cited as the Development Charges By-law.
Read a FIRST, SECOND and THIRD time and FINALLY PASSED this 6th day of
June, 2023.
MAYOR
CLERK
Township of Lucan Biddulph By-law # 26-2023
Development Charges
Page 17
Schedule 'A'
Township of Lucan Biddulph - Development Charge Amounts
Lucan Urban Area
Service Category
Single & Semi-
Detached (per
unit)
Multi-Units &
Townhouses
(per unit)
Apartments - 2
or more
bedrooms (per
unit)
Apartments - 1
bedroom,
bachelor (per
unit)
Non-
Residential (per
sqft)
Sewage Services
21,445
20,509
11,697
8,578
4.30
Water Services
245
234
134
98
0.08
Transportation
9,782
9,355
5,336
3,913
1.74
Stormwater
193
184
105
77
0.02
Parks &
Recreation
3,061
2,927
1,670
1,224
0.00
Fire Services
160
153
87
64
0.03
Library
374
358
204
150
0.00
Total
35,260
33,720
19,233
14,104
6.17
Granton Urban Area
Service Category
Single & Semi-
Detached (per
unit)
Multi-Units &
Townhouses
(per unit)
Apartments - 2
or more
bedrooms (per
unit)
Apartments - 1
bedroom,
bachelor (per
unit)
Non-
Residential (per
sqft)
Sewage Services
2,195
2,099
1,197
878
0.16
Water Services
1,015
970
554
406
0.02
Transportation
762
729
416
305
0.43
Parks &
Recreation
2,335
2,233
1,274
934
-
Fire Services
160
153
87
64
0.03
Library
374
358
204
150
-
Total
6,841
6,542
3,732
2,737
0.64
Township of Lucan Biddulph By-law # 26-2023
Development Charges
Page 18
Remainder of the Township
Service Category
Single & Semi-
Detached (per
unit)
Multi-Units &
Townhouses
(per unit)
Apartments - 2
or more
bedrooms (per
unit)
Apartments - 1
bedroom,
bachelor (per
unit)
Non-
Residential (per
sqft)
Transportation
762
729
416
305
0.43
Parks &
Recreation
2,335
2,233
1,274
934
-
Fire Services
160
153
87
64
0.03
Library
374
358
204
150
-
Total
3,631
3,473
1,981
1,453
0.46