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CORPORATION OF THE TOWNSHIP OF MELANCTHON
By-law Number 30-2024
BEING A BY-LAW to establish development charges for the Township of Melancthon
and to repeal Development Charge By-law Number 37-2019.
WHEREAS subsection 2(1) of the Development Charges Act, 1997, S.O. 1997, c. 27,
as amended (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 arising from development of the area to which
the by-law applies;
AND WHEREAS a Development Charges Background Study for the Township of
Melancthon, dated May 16, 2024 (the "Study") as required by section 10 of the Act was
presented to Council along with a draft of this By-law as then proposed on July 18, 2019
and was completed within a one-year period prior to the enactment of this By-law;
AND WHEREAS notice of a public meeting was given pursuant to subsection 12(1) of
the Act, and in accordance with the regulations under the Act, on or before May 16,
2024, and copies of the Study and this proposed development charge by-law were
made available to the public not later than May 16, 2024 in accordance with subsection
12(1) of the Act;
AND WHEREAS a public meeting was held on June 6, 2024 in accordance with the Act
to hear comments and representations from all persons who applied to be heard (the
"Public Meeting");
AND WHEREAS any person who attended the public meeting was afforded an
opportunity to make representations and the public generally were afforded an
opportunity to make written submissions relating to this proposed By-law;
AND WHEREAS an Addendum Report, dated July 16, 2024, to the Study, was released
to embrace refinements identified through the public process and changes to the Act
that were enacted after the release of the Study;
AND WHEREAS the Council of the Township of Melancthon has determined that no
further public meeting is required in accordance with Section 12(3) of the Act;
NOW THEREFORE The Corporation of the Township of Melancthon by its Council
enacts the following:
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
MELANCTHON ENACTS AS FOLLOWS:
1) Definitions
In this By-law"
(a) "Act" means the Development Charges Act, 1997, S.O. 1997, c. 27, as
amended, or any successor thereto;
(b) "Accessory Use" means where used to describe a use, building, or structure
that the use, building or structure is naturally and normally incidental,
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subordinate in purpose of floor area or both, and exclusively devoted to a
principal use, building or structure;
(c) "Affordable Residential Unit" means a Residential Unit that meets the criteria
set out in subsection 4.1 of the Act;
(d) "Agricultural Use" means the growing of crops, including nursery, biomass, and
horticultural crops; raising of livestock; raising of other animals for food, fur, or
fibre, including poultry and fish; aquaculture; apiaries; agro- forestry, maple
syrup projection; and associated on-farm buildings and structures, including but
not limited to livestock facilities and manure storages, excluding:
a) Residential uses;
b) On-farm diversified uses;
c) Cannabis Production Facilities;
d) Greenhouse.
(e) "Ancillary Residential Use" means a Residential Dwelling that would be
ancillary to a Single Detached Dwelling, Semi-Detached Dwelling, or Row
dwelling;
(f) "Apartment Unit" means any residential unit within a building containing three 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;
(g) "Assessment Act' means the Assessment Act, R.S.O. 1990, c. A.31, as
amended or any successor thereto;
(h) ""Attainable Residential Unit" means a residential unit that meets the criteria set
out in subsection 4.1 of the Act:
(i) | "Back-to-Back Townhouse Dwelling" means a building containing three or more
dwelling units separated vertically by a common wall, including a rear common
wall, that do not have rear yards;
(j) "Bedroom" means a habitable room larger than seven square metres. including
a den, study, or other similar area, but does not include a living room, dining
room or kitchen;
(k) "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;
(Il) "Board" has the same meaning as that specified in the Education Act, R.S.O.
1990, c. E.2, as amended or any successor thereto;
(m) "Building Code Act' means the Building Code Act, 1992, S.O. 1992, c. 23, as
amended, and all Regulations made under it including the Building Code, as
amended, or any successors thereto;
(n) "Cannabis" means:
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a) A Cannabis plant;
b) Any part of a cannabis plant. including the phytocannabinoids produced
by, or found in, such a plant, regardless of whether that part has been
processed or not;
c) any substance or mixture of substances that contains or has on it any part
of such a plant; and
d) any substance that is identical to any phytocannabinoid produced by, or
found in, such a plant, regardless of how the substance was obtained.
(0) "Cannabis Plant" means a plant that belongs to the genus "Cannabis;"
(p) "Cannabis Facilities" means a Building, or part thereof, designed, used, or
intended to be used for one or more of the following: cultivation, growing
propagation, production, processing, harvesting, testing, alteration, destruction,
storage, packaging, shipment or distribution of cannabis where a licence,
permit or authorization has been issued under applicable federal law but does
not include a Building or part thereof solely designed, used, or intended to be
used for retail sales of cannabis;
(q) "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,
i. rolling stock with an estimated useful life of seven years or more,
ii. furniture and equipment, other than computer equipment, and
iii. materials acquired for circulation, reference or information purposes
by a library board as defined in the Public Libraries Act, R. 0. 1990,
c. 57, and
e) to undertake studies in connection with any of the matters referred to in
clauses (a) to (d);
f) to undertake the development charge background study under Section 10
of the Act; and
g) interest on money borrowed to pay for costs in (a) to (d); required for
provision of services designated in this by-law within or outside the
municipality;
(r) "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
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agricultural uses, but does include hotels, motels, motor inns and boarding,
lodging and rooming houses;
(s) "Council" means the Council of the Township of Melancthon;
(t) "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;
(u) "Development Charge" means a charge imposed pursuant to this By-law;
(v) "Duplex" means a building that is divided horizontally into two dwelling units
each of which has an independent entrance either directly or through a
common vestibule;
(w) "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;
(x) "Education Act' means the Education Act, R.S.O. 1990, c. E.2, as amended or
any successor thereto;
(y) "Existing Industrial" means an industrial building or buildings existed on a lot in
the Township on the day this By-law comes into effect or the first industrial
building or buildings constructed and occupied on a vacant lot pursuant to site
plan approval under section 41 of the Planning Act subsequent to this By-law
coming into effect for which full Development Charges were paid;
(z) "Grade" means the average level of finished ground adjoining a building or
structure at all exterior walls;
(aa) "Greenhouse" means the use of a building or structure for the growing of such
items as flowers, bushes, shrubs, trees, plants, fruits, vegetables, and other
types of nursery stock for wholesale or retail purposes. Such use may also
include the retail sale of greenhouse products customarily, incidental,
subordinate and exclusively, devoted to the principal use, located on the same
lot therein. A retail space accessory to a greenhouse shall have a maximum
retail floor area of 75 square metres;
(bb) "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
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surfaces of exterior walls and the centre line of party walls dividing a non-
residential use and a residential use, except for:
i. aroom 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
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;
(cc) "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 ina
home or homelike setting so that quality of life is maintained, and family
members may be active participants in care;
(dd) "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, or any land, buildings or structures used for
an agricultural use;
(ee) Institutional" means development of a building or structure intended for use:
a) as along-term care home within the meaning of subsection 2 (1) of the
Fixing Long-Term Care Homes Act, 2021;
b) as a retirement home within the meaning of subsection 2 (1) of the
Retirement Homes Act, 2010;
c) by any institution of the following post-secondary institutions for the
objects of the institution:
i. auniversity in Ontario that receives direct, regular, and ongoing
operation funding from the Government of Ontario;
ii. a college or university federated or affiliated with a university
described in subclause (a); or
iii. an Indigenous Institute prescribed for the purposes of section 6 of
the Indigenous Institute Act, 2017.
(ff) "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 municipality or any part or
parts thereof;
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(gg) "Mixed Use" means land, buildings or structures used, or designed or intended
for use, for a combination of residential and non-residential uses;
(hh) "Multiple Dwellings" means all dwellings other than single-detached, semi-
detached and apartment unit dwellings;
(i) "Municipality" (or the "Township") means The Corporation of the Township of
Melancthon;
(jj) "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 objective is to
provide housing;
b) a corporation without share capital to which the Canada Not-for-profit
Corporation Act applies, that is in good standing under that Act and whose
primary objective is to provide housing; or
c) anon-profit housing co-operative that is in good standing under the Co-
operative Corporations Act.
(kk) "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:
(ll) "On-Farm Diversified Use" means a use, occurring entirely and exclusively
within a detached building that is secondary and subordinate to the active and
principle agricultural use occurring on a property. Such uses shall be integrated
within a farm cluster of buildings which must include a dwelling, and may
include, but are not limited to, uses that produce value added agricultural
products or provide a service that is supportive of regional agri-business;
(mm) "Other Multiples" means all dwellings other than Single-detached, Semi-
detached, and Apartment dwellings, and includes a Duplex, and the portion of a
Live-Work Unit, intended to be used exclusively for living accommodations for
one or more individuals;
(nn) "Owner" means the owner of land or a person who has made an application for
approval for the development of land upon which a development charge is
imposed;
(00) Official Plan" means the Official Plan adopted for the municipality, as amended,
and approved;
(pp) "Place of Worship" means a building or structure that is used primarily for
worship and religious practices and purposes, including related administrative,
assembly and associated spaces, but does not include portions of such building
or structure used for any commercial use, including but not limited to daycare
facilities;
(qq) "Planning Act' means the Planning Act, R.S.O. 1990, c. P.13, as amended or
any successor thereto;
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(rr) "Rate" means the interest rate established weekly by the Bank of Canada
based on Treasury Bills having a term of 91 days;
(ss) "Redevelopment" means the construction, erection or placing of one (1) or
more buildings or structures on land where all or part of a building or structure
has previously been demolished on such land, or changing the use of a building
or structure from residential to non-residential or from non-residential to
residential;
(tt) "Regulation" means any regulation made under the Act;
(uu) "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;
(vv) "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;
(ww) "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;
(xx) "Row Dwelling" shall mean a residential building that is divided vertically into
three or more dwelling units.
(yy) "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;
(zz) "Service" means a service designed in Schedule "A" to this By-law, and
"services" shall have a corresponding meaning;
(aaa) "Single Detached Dwelling" means a completely detached building containing
only one dwelling unit;
(bbb) "Stacked Townhouse Dwelling" means a Building, or part of a building,
containing two or more dwelling units where each Dwelling Unit is separated
horizontally and/or vertically from another Dwelling Unit by a common wall and
having direct separate access to an exterior ground level main entrance/exit;
(ccc) "Townhouse Dwelling" means a dwelling unit in a building divided vertically
into no less than three nor more than eight dwelling units attached by common
walls extended from the base of the foundation to the roof line, each dwelling
unit having a separate entrance at grade, and includes a Back-to-Back
Townhouse;
(ddd) "Wind Turbine" means any wind energy system, comprising one or more
turbines, that converts energy into electricity, with a combined nameplate
generating capacity greater than 500 kilowatts and a height greater than 100
Ff
metres, that converts energy into electricity, and consists of a wind turbine, a
tower, and associated control or conversion electronics. A wind turbine and
energy system 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;
(eee) "Zoning By-Law" means the Zoning By-Law of the Township, or any successor
thereof passed pursuant to Section 34 of the Planning Act, S. 0. 1998.
2) Designation of Services
1.1 The category of services and class of services for which development charges are
imposed under this By-law is:
a) Services Related to a Highway;
b) Fire Protection Services;
c) Parks and Recreation Services;
d) Library Services; and
e) Growth-related studies (class of services).
1.2 The components of the services and class of services designated in subsection 2.1
are described in Schedule "A" to this By-law.
3) Application of By-law Rules
1.1 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 clause
3.4(a).
Area to Which By-law Applies
1.2 Subject to subsection 3.3, this By-law applies to all lands in the geographic area of
the Township of Melancthon.
1.3. This By-law shall not apply to lands that are owned by and used for the purposes
of:
a) the Township of Melancthon or a local board thereof:
b) a board as defined in section 1(1) of the Education Act, or
c) the Corporation of the County of Dufferin or a local board thereof.
Approvals for Development
1.4
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:
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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. aconsent 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
shall be imposed if the subsequent action has the effect or increasing the
need for services.
Exemptions
1.5 Notwithstanding the provisions of this By-law, development charges shall not be
imposed with respect to:
a) an enlargement to an existing dwelling unit;
b) Asecond 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 the existing detached house, semi-detached house or
rowhouse cumulatively contain no more than one residential unit;
c) 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;
d) One residential unit in a building or structure ancillary to an existing
detached house, semi-detached house or rowhouse on a parcel of land, if
the existing detached house, semi-detached house or rowhouse contains
no more than two residential units and no other building or structure
ancillary to the existing detached house, semi-detached house or
rowhouse contains any residential units;
e) Asecond 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
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ancillary to the new detached house, semi-detached house or rowhouse
cumulatively will contain no more than one residential unit:
f) 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;
g) One residential unit in a building or structure ancillary to a new detached
house, semi-detached house or rowhouse on a parcel of 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; or
h) In an existing rental residential Building, which contains four or more
residential Dweiling Units, the creation of the greater of one residential
Dwelling Unit or one percent of the existing residential Dwelling Units.
1.6 Exemption for Industrial Development:
1.6.1 Notwithstanding any other provision of this by-law, no Development
Charge is payable with respect to an enlargement of the gross floor area
of an Existing Industrial building where the Gross Floor Area is enlarged
by 50 percent or less;
1.6.2 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:
1.6.2.1 notwithstanding section 3.8.1, if the Gross Floor Area is
enlarged by more than 50 percent (50%), development charges
shall be payable and collected and the amount payable shall be
calculated in accordance with s.4(3) of the Act.
1.6.2.2 that for greater certainty in applying the exemption in this
section, the gross floor area of an Existing Industrial building is
enlarged where there is a bona fide increase in the size of the
Existing Industrial building, the enlarged area is attached to the
Existing Industrial building, there is a direct means of ingress and
egress from the Existing Industrial building to and from the
enlarged areas for persons, goods, and equipment, and the
Existing Industrial building and the enlarged area are used for or
in connection with an industrial purpose as set out in subsection
1.1 of this by-law. Without limiting the generality of the foregoing,
the exemption in this section shall not apply where the enlarged
area is attached to the Existing Industrial building by means only
of a tunnel, bridge, canopy, corridor, or other passageway, or
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through a shared below-grade connection such as a service
tunnel, foundation, footing, or a parking facility
1.6.2.3 in particular, for the purposes of applying this exemption, the
industrial building is considered existing if it is built, occupied, and
assessed for property taxation at the time of the application
respecting the enlargement
1.6.2.4 the exemption of an Existing Industrial building provided by this
section shall be applied to a maximum of fifty percent (50%) of the
gross floor area that was existing as of the effective date of this
by-law, or based on the first building or structures constructed on
a vacant site pursuant to site plan approval under section 41 of
the Planning Act, R.S.O. 1990, c. P. 13, as amended, or any
successor thereof, subsequent to the effective date of this by-law,
for which full development charges were paid.
1.7 Other Exemptions
1.7.1 Notwithstanding the provisions of this By-law, development charges shall
not be imposed with respect to the portion of lands, buildings or
structures used for worship in a place of worship as well as a cemetery,
or a burial ground exempt from taxation under the Assessment Act.
1.7.2 Notwithstanding the provisions of this By-law, development charges shall
not be imposed on "an agricultural use", including barns, silos, or other
storage facilities for produce, livestock, or machinery and equipment
used in connection with an existing agricultural operation, and other
ancillary development to an agricultural use, but excluding a "residential
dwelling", an "on-farm diversified use", a "cannabis production facility",
or a "greenhouse."
1.7.3 Notwithstanding the provisions of this By-law, development charges shall
not be imposed on land vested in or leased to a university that receives
regular and ongoing operating funds from the government for the
purposes of post-secondary education if the development is intended to
be occupied and used by the university.
1.7.4 Notwithstanding the provisions of this development charges shall not be
imposed on Non-profit Housing.
1.7.5 Notwithstanding the provisions of this development charges shall not be
imposed on Affordable residential units.
1.7.6 Notwithstanding the provisions of this development charges shall not be
imposed on Attainable residential units.
1.7.7 Notwithstanding the provisions of this development charges shall not be
imposed on inclusionary zoning units.
Amount of Charges
Residential Uses
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1.8 The residential 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, and the
residential portion for a Live-Work unit, according to the type of residential unit, and
calculated with respect to the service according to the type of residential use.
Non-Residential Uses
1.9 The development charges described in Schedules "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 the non-residential portion for a Live-Work unit, and
calculated with respect to each of the services according to the total floor area of
the non-residential use.
Wind Turbines
1.10 The development charges described in Schedules "B" to this by-law shall be
imposed on wind turbines with respect to services related to a highway and fire
protection services on a per unit basis.
Reduction of Development Charges for Redevelopment
1.11 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) 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:
b) 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:
provided that such amounts shall not exceed, in total, the amount of the
development charges otherwise payable with respect to the redevelopment.
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Discounts for Rental Housing
1.12 The Development Charge payable for Rental Housing developments 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.
Time of payment of Development Charges
1.13 Except as otherwise provided in this By-law, Development Charges shall be
determined and payable on the date that the first building permit is issued.
1.14 Except as otherwise provided in this By-law, a building permit shall not be issued
until the development charge has been paid in full.
1.15 Development charges for rental housing and institutional developments are due
and payable in 6 equal installments commencing with the first installment payable
on the date of occupancy, and each subsequent installment, including interest,
payable on the anniversary date each year thereafter.
1.16 Where the development of land results from the approval of a Site Plan or Zoning
By-law Amendment received and approved between January 1, 2020, and June 5,
2024, and the approval of the application occurred within the period of building
permit issuance as specific in section 26.2(5) of the Act, the development charges
under subsections 3.15, 3.16, and 3.17 shall be calculated based on the rates set
out in Schedule "B" on the date the planning application was made. Where both
planning applications apply, development charges under subsections 3.15, 3.16,
and 3.17 shall be calculated on the rates set out in Schedule "B", on the date of the
latter planning application, including interest.
1.17 Notwithstanding subsection 3.15 through 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, where the approval of the application occurred on or after
June 6, 2024, and the approval of the application occurred within 18 months of
building permit issuance, the Development Charges under subsections 3.10, 3.11,
and 3.12 shall be calculated based on the rates set out in Schedule "B" on the date
of the planning application, including interest at the prescribed rate. Where both
planning applications apply, development charges under subsections 3.10, 3.11,
and 3.12 shall be calculated on the rates set out in Schedule "B", on the date of the
latter planning application, including interest, including interest at the prescribed
rate.
1.18 Interest for the purposes of rule 3.18 and 3.19 shall be determined as prescribed in
the Development Charges Act, as amended from time to time.
1.19 Despite section 3.16, 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
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4.1 Despite the payment required under subsections 3.10, 3.11 and 3.12, 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, on January 1st of each year, in accordance with
the prescribed index in the Act.
6) SCHEDULES
The following schedules shall form part of this By-law:
Schedule "A" -- Designated Township Services and Class of Services Under this By-
law
Schedule "B" -- Schedule of Development Charges for all Services and Class of
Services
7) Conflicts
7.1 Where the Township of Melancthon 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 on July 18, 2024.
10)Date By-law Expires
10.1 This By-law will expire on July 18, 2034 unless it is repealed by Council at an
earlier date.
11)Existing By-law Repealed
11.1 By-law Number 37-2019 is hereby repealed as of the date and time of this By-law
coming into effect
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12)Short Title
12.1 This By-law may be referred to as the "Development Charges By-law".
12.2 READ A FIRST AND SECOND TIME THIS 18th DAY OF JULY, 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 18" DAY OF JULY, 2024.
Afrayor
Clerk
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SCHEDULE "A" TO BY-LAW 30-2024
DESIGNATED TOWNSHIP SERVICES AND CLASS OF SERVICES UNDER THIS BY-
LAW
Township-Wide Services
1. Services Related to a Highway
2. Fire Protection Services
3. Parks and Recreation Services
4. Library Services
Township-Wide Class of Services
1. Growth-Related Studies
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SCHEDULE "B" TO BY-LAW 30-2024
SCHEDULE OF DEVELOPMENT CHARGES FOR ALL SERVICES AND CLASS OF SERVICES
RES!DENTIAL NON-RESIDENTIAL
SRC Ta Eo aac semi-detached Oler--ABRMIMENE-2 echelon and Wind Turbines PETA of Gross
Dwelling Bedroom
Township-Wide Services
Senices Related to a Highway 6,693 5,842 4,381 2,178 6,693 2.17
Fire Protection Services 3,045 2,658 1,993 991 3,045 0.99
Parks and Recreation Senices 6,448 §,628 4,220 2,098 - 0.81
Library Sernices 301 263 197 98 - 0.04
TotalTownshipwide Sonics dC SaaBT|----sstasoal----Staroa|------smes]_------saraal
Township-Wide Class of Services
[omineaansswses | sper] auf aston |
Total Fownshipwide GlassofSericos | BOaT] Cota] nema] nae]
[Grand Total Township Wide Services GlassofServicos | _s17.s3q] e150] stta7e|_----ssiros]_--ssarasl 4.28
17