Town of Minto By-law No. 2020-11, To establish Development Charges for the Town of Minto

Minto, Ontario · No. 2020-11 · adopted 2020-02-18 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 875f382430ba · verified 2026-10-19 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

The Corporation of the Town of Minto By-Law No. 2O2O-LL To establish Development Charges for the Town of Minto WHEREAS the Deve/opment Charges Act, 7997 S.O. 1997, c.27, as amended authorizes by-laws of the council of a municipality to 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 has been completed in accordance with the Act; AND WHEREAS the Council of The Corporation of the Town of Minto provided notice as required by the Act and held a public meeting on February 4,2O2O in accordance with the Act and the regulations thereto; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF MINTO ENACTS AS FOLLOWS: 7 lnterpretation ln this By-law the following items shall have the corresponding meanings: "accessory" when used to describe use, building or structure, means of use, building, or structure which is incidental, subordinate, and exclusively devoted to the main use, building or structure located on the same lot, excluding Home lndustries; "Act" means the Development Char$es Act, as amended, or any successor thereof; "agricultural use" means the use of land, building or structure for the purpose of animal husbandry, raising of livestock and other animals for food or fur including poultry, beekeeping, fish, aqua-culture and dairy; the growing of field crops, vegetables, agro forestry, forestry, fruit farming, sod farming, greenhouses and horticultural crops, pasturage, fallow, maple syrup production, or any other faming use; and includes the growing, raising, packing, treating, storing, and sale of agricultural products produced on the premises, but does not include an abattoir, a kennel, a rendering plant, a commercial greenhouse and/or nursery, or garden centre; "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 lhe Education Act, R.S.O. 19990, Chap. E.2, as amended, or any successor thereof; L.I "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; "Building Code Act" means the Building Code Act, S.O. L992, 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; "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 incl udes 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 may or may not be 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; "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 of party walls dividing a non- residential use and a residential use, except for: (D a room or enclosed area within the building or structure above or below that is used exclusively for the accommodation of heating, cool ing, ventilating, electrica l, mecha n ica I or telecom m u n ications equipment that service the building; (iD loading facilities above or below grade; and (iiD 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; "home business" means a business or occupation, which is conducted for gain or profit as a secondary use within a permitted residential dwelling or residential dwelling unit. A home business or occupation may include a profession or occupation such as an accountant, architect, auditor, engineer, realtor, insurance agent, planner, lawyer, doctor, dentist, a personal service such as a barber, hairdresser, beautician, seamstress, dressmaker, photographer, pet groomer, caterer's establishment, and similar businesses or occupations; "home industry" means a small scale occupation or business conducted for gain or profit as a secondary use to the main permitted use, and may include such uses as a carpentry shop, a welding shop, a machine shop, furniture fabrication, assembly, and repair; a tool and repair shop, and a small engine repair shop; "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; "interest" means the annual rate of interest calculated at the Town's lo-year borrowing rate plus 1%; "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. For the purposes of s.s.7(2) herein, 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 Long-Term Care Homes Act, 2OO7; 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 lndigenous lnstitute prescribed for the purposes of section 6 of the lndigenous lnstitutes Acl,2Ot7; 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 Town of Minto 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 4I, S! or 53 of the PlanninS Act, R.S.O. 1gggO, 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 Town of Minto; "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 AcU. "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 approved for the Town of Minto; "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 Assess mentAct, R.S.o. 1990, chap. A.31, 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; "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 municipalservices 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 unit" means a building or part of a building: (a) containing two or more Dwelling Units which units have a common entrance from street level; (b) where the occupants have the right to use in common with other occupants, halls, stairs, yards, common rooms and accessory Buildings; (c) that is designed to accommodate persons with specific needs, including but not limited to independent permanent living arrangements; and (d) where support services, such as meal preparation, grocery shopping, laundry, housekeeping, nursing, respite care and attendant services are provided at any one or more various levels; 2 (e) and includes, but is not limited to, retirement homes or lodges, charitable dwellings, group homes (including correctional group homes) and hospices. "temporary use" means a building, mobile home, or structure for a construction camp, work camp, temporary accommodation, tool shed, scaffold or other building or structure incidental to and necessary for construction work on a lot, but only for as long as such use, building or structure has not been finished or abandoned or for a period of one year, whichever is the lessor; "town" means the area within the geographic limits of the Town of Minto; "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 5O0 kilowatts and a height greater than 1OO metres, that converts ener$/ 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; and "zoning By-Law" means the Zoning By-Law of the Town of Minto, or any successor thereof passed pursuant to Section 34 of the Planning Act, S.O. 1ggg. Designation of Services 2.! The categories of services for which development charges are imposed under this By-law are as follows: (a) Transportation Services; (b) Fire Protection Services; (c) Parks and Recreation Services; (d) Administration Services; (e) Water Services; and (f) Wastewater Services. 2.2 The components of the services designated in Section 2.! 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.a@). Area to Which By-law Applies 3.2 subject to section 3.3, this By-law applies to all lands in the Town of Minto whether or not the land or use thereof is exempt from taxation under s.13 of the Assessment Act. Notwithstanding clause 3.2 above, this By-law shall not apply to lands that are owned by and used forthe purposes of: (a) the Town or a local board thereof; 3.3 (b) (c) Approva ls for Development s.4 (a) (b) a board of education as defined in Section 1(1) of the Education Act; or the Corporation of the County of Wellington or any local board thereof; 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 5O(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. No more than one development charge for each service designated in section 2.1shall 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. 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 of increasing the need for services. 3.5 (c) Exemptions 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) one or two additional dwelling units in an existing, or ancillary to, a single detached dwelling; or (c) one additional dwelling unit in, or ancillary to, any other existing residential building. 3.6 Notwithstanding subsection 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. Notwithstanding section 3.5, development charges shall be imposed if the additional unit has a gross floor area greater than (a) in the case of a semi-detached or row dwelling, the gross floor area of the existing dwelling unit; and (b) in the case of any other residential building, the gross floor area of the smallest dwelling unit contained in the residential building. 3.7 3.8 Exemption for I ndustrial Development: (a) 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. (b) lf 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: (i) determine the amount by which the enlargement exceeds 50 percent of the gross floor area before the enlargement; (ii) divide the amount determined under subsection 3.8(aXi) by the amount of the enlargement. (c) For the purpose of Section 3.8 herein, "existing industrial building" is used as defined in the Regulation made pursuant to the Act. 3.9 Other Exemptions: Notwithstanding the provision of this By-law, development charges shall not be imposed with respect to: (a) A temporary use permitted under s.39 of the planning Act; (b) An accessory use; (c) A home business; (d) A temporary buitding; (e) A place of worship; (f) A bona fide farm operation; and ($ 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 Restrictions I he proposed new detached dwefling must onlv contain two dwdlling units-. The proposed new detached dweJling must be located on a parceT of land on which no other detached dwellins. sem i-detached dwel I i n s"b r row dwelling would be " located. lhe proposed new semi- detabhdd dwelling or row dwelling must on[-v contain two dwdlling units-. The proposed new semi- detabhdd dwelling or row dwelling must beTocated on a parcef of land on which no other detached dwelline. sem i-d etached dwe I I i n s"br row dwelling would be " located. I r ne proposed new detached I dwellinri, sem i-detached dwellinE'or row dwellinE. to which the proposed neW residentiaI buildine would be ancillary, must onFy contain one dw6lling unit.' The gross floor area of the dwelling unit in the orooosed new res-idential buildinE must be equal to or less than"the gross floor area of the cletached dwellinq. semi- detached dwellinE'or row dwelling to whichlhe proposdd new residential buitding is ancillarv. Description of Class of Prooosed New ' Residential Buildirigs Proposed new resrdenttal bulldtngs that would not be attached to oth"er buildinss and that are oermitted to contain-a second dwel[inE unit. that being either of the two dWellinE units. if thdunits have the same Eros"s flool area, or the smaller of the dwelling units. Proposeo new restdenttal butldtngs that would have one or two vertic"al walls. but no other oarts. attached to othei build inqs and' that'are permitted to-contain a second dwelling unit. that beins either of the two dwdlling'units. if thE units have the same gFoss flcior area. or the smaller oflhe dwelling units. e n n a Name of Class of Prooosed New Residential Buildings Prooosed new detached dwellings Prooosed new semi-detached dwellinEs or row dwellin[s new Item a. 2 3. Amount of CharEes Residential 3.10 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 3.77 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. Wind Turbines 3.12 The development charges described in Schedule B to this By-law shall be imposed on wind turbines with respect to transportation services, fire protection services and administration studies on a per unit basis. Solar Farms 3.13 The development charges described in Schedule B to this By-law shall be imposed on solar farms with respect to transportation services, fire protection services and administration studies on a per square foot basis. Reduction of Development Charges for Redevelopment 3.L4 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 60 months (5 years) prior to the date of payment of development charges in regard to such redevelopment was or is to be demolished in whole or in part, or converted from one principal use to another principal use on the same land in order to facilitate the redevelopment, the development charges otherwise payable with respect to such redevelopment shall be reduced by the following amounts: (a) in the case of a residential building or structure, or in the case of a mixed- use building or structure, the residential uses in the mixed-use building or structure, an amount calculated by multiplying the applicable development charge under subsection 3.10 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 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 3.1,!, 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. 3.15 Development Charges are due and payable in full to the Municipality on the date the first building permit is issued for any land, buildings, or structures affected by the applicable development charge and a building permit with respect to a building or structure shall be withheld where the applicable development charge has not been paid pursuant to Section 28 of the Act. 3.1-6 Notwithstanding Subsection 3.15, Development Charges for rental housing and institutional developments are due and payable in 6 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. 3-77 Notwithstanding Subsection 3.15, Development Charges for non-profit housing developments are due and payable in 2L 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. 3.18 Where the development of land results from the approval of a Site plan or Toning Bylaw Amendment received on or after Janua ry 1,, 2o2o, and the approval of the application occurred within 2years of building permit issuance, the 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 planning application, including interest. where both planning applications apply Development charges under Subsections 3.15, 3.16 and 3.17 shail be calculated on the rates, including interest, set out in Schedule "B" on the date of the later planning application, including interest. 3.19 This shall not be deemed to limit the authority of the Council to enter into an agreement for payment of the development charges before or after the date of building permit issuance subject to Section 27 of the Development Charges Act, 1997. 4. Payment of Services 4.1' Despite the payment required under Sections 3.10, 3.!L,3.I2 and 3.13, 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. lndexing 5.1 Development charges imposed pursuant to this By-law shall be adjusted annually on January 1, without amendment to this By-law, in accordance with the third quarter of 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 - Schedule of Development Charges; and Schedule C - Map of Urban Service Areas. 7. Conflicts 7 'L Where the Town 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. 8.1_ Severability 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 fullforce and effect until repealed, re-enacted, amended or modified. Date By-law ln Force 8. 9 9.1 This By-law shall come into effect on March !,2O2O. 10. Date By{aw Expires 1O.1 This By-law will expire on March L,2025 unless it is repealed by Council at an earlier date. tt. Existing ByJaw Repealed 11,.1, By-laws No. 2015-53 is hereby repealed upon the enforcement of this By-law. Read a first, second, third time and passed in open Council this Febru ary 78,2O2O. A.B Mayor Q;s*- V!L0-J-V Annilene McRobb, Acting Clerk Schedule "A" To By-law 2O2O-LL Components of Services Desiglnated in Section 2.1 LOOo/o El igi ble Services Water Services Wastewater Services Tra nsportation Services Roads Public Works Facilities Public Works Vehicles and Equipment Fire Protection Services Fire Facilities Fire Vehicles Fire Small Equipment and Gear 90% Eligible Services Parks and Recreation Services Parkland Development and Amenities Recreation Facilities Parks and Recreation Vehicles and Equipment Adm in istration Services Growth-related Studies Schedule "B" To By-law 2O2O-LL Sched u le of DevelopmentCha rges 1.56 3.87 1.49 1.49 3,205 3,205 1,398 3,497 2,810 7,032 1,601 4,005 2,100 5,254 3,6{3 9,039 GRAND TOTAL RURAL AREA GRAND TOTAL URBAN AREA 2.31 2,099 4,222 2,404 3,154 5,426 Total Urban S6rvices 1.73 0.58 1,573 526 3,165 1,057 1,802 602 790 2,364 4,067 1,359 Urban Services Wastewater Services Water Services 1.56 1,49 3,205 t,398 2,810 1,601 2,100 3,613 Total luuniclpal Wlde Servlces 1.03 0.40 0.07 0.06 0.06 1.03 0.40 129 856 2,220 859 331 158 50 1,727 666 3'17 100 984 379 181 57 1,290 498 237 75 2,220 856 408 129 Municipal Wide Services: Transportation Services Fire Protection Services Parks and Recreation Services Administration Single and Semi-Detached Dwelling RESIDENTI.AL Apartments - Bachelor and 1 Other Multiples Bedroom NON.RESIDENTIAL Solar Farms (per sq.ft. of Gross Floor Area) Wind Turbines Service Units Dwe Apartments - 2 Bedrooms + Special Care/Special Schedule "C" to By-law 2O2O-LL Map of Urban Service Area CRg,V e filrr zo-loz Egg o & {oe2ot a zot-|t a3 RTIAD 5 PE,RTH' RTIAII 8