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The Corporation of the Town of
New Tecumseth
By-law
Number 2021- 166
Development Charge By-law"
A by- law with respect to development charges
Whereas section 2( 1) of the Development Charges Act, S.O. 1997, c.27
hereinafter called the Act) enables the Council of a municipality to pass by-laws for
the imposition of development charges against land within the municipality for
increased capital costs required because of the need for municipal services arising
from development in the area to which the by-law applies;
And Whereas the Council of The Corporation of the Town of New
Tecumseth, at its meeting of December 13, 2021, approved a Study dated
September 24, 2021, as amended, entitled Development Charges Background
Study, Town of New Tecumseth, prepared by Hemson Consulting Limited in
accordance with the directive of Council ( including the Capital Program);
And Whereas the Council has given Notice in accordance with Section 12 of
the Act of its development charges proposal and held a public meeting on
November 1, 2021;
And Whereas the Council has heard all persons who applied to be heard in
objection to, or in support of, the development charges proposal at such public
meeting and provided a subsequent period for written communications to be made;
And Whereas the Council has given said communications due consideration,
has made any necessary revisions to the Town of New Tecumseth Development
Charges Background Study as a result of those communications, and has
determined that no further public meetings are required in respect of the Background
Study and the Development Charge By-law;
And Whereas the Council in approving the said report directed that
development charges be imposed on land under development or redevelopment
within the geographical limits of the municipality as hereinafter provided;
And Whereas the Council of the Town has given consideration of the use of
more than one development charge by- law to reflect different needs for services in
different areas, also known as area rating or area specific development charges, and
has determined that for the services and associated infrastructure proposed to be
funded by development charges under this by-law, that it is fair and reasonable that
the charges continue to be calculated on a municipal -wide uniform basis consistent
with the Town' s practice;
And Whereas the Study includes a Cost of Growth Analysis that deals with
all assets whose capital costs are intended to be funded under this by- law, and that
such assets are considered to be financially sustainable over their full life -cycle;
And Whereas the Council of the Town approved the asset management plan
outlined in the Study and gave consideration to incorporate the asset management
plan identified in the Study within the Town' s ongoing practices and corporate asset
management strategy;
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Now Therefore the Council of The Corporation of the Town of New Tecumseth
enacts as follows:
1.
In this by- law,
Definitions
1) " Act' means the Development Charges Act, S.O. 1997, c.27, and definitions
contained within this by- law are for the purpose of assisting with the
interpretation of this Act and by- law only.
2) " accessory use" means a use of land, buildings or structures which is
incidental and subordinate to the principal use of the lands and buildings.
3) " agricultural use" means lands, buildings or structures, excluding any portion
thereof used as a dwelling unit, used or designed or intended for use for the
purpose of a bona fide farming operation including, but not limited to, animal
husbandry, dairying, livestock, fallow, field crops, removal of sod, forestry,
fruit farming, horticulture, market gardening, pasturage, poultry keeping,
equestrian facilities and any other activities customarily carried on in the field
of agriculture.
4) " apartment unit' means any residential dwelling unit within a building
containing four or more dwelling units where the residential units are
connected by an interior corridor; or any dwelling unit in a building containing
non- residential uses, other than a home occupation.
5) " bedroom" means a habitable room large enough to accommodate a sleeping
arrangement including a den, study or other similar area, but does not include
a living room, dining room or kitchen.
6) " benefiting area" means an area defined by a map, plan or legal description in
a front -ending agreement as an area that will receive a benefit from the
construction of a service.
7) " board of education" means a board defined in subsection( 1) of the Education
Act.
8) ' Building Code Act' means the Building Code Act, R. S.O. 1990, c. B.- 13, as
amended.
9) " capital cost' means costs incurred or proposed to be incurred by the
municipality or a local board thereof directly or under an agreement,
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 future life of seven years or more;
ii.
furniture and equipment, other than computer equipment, and
materials acquired for circulation, reference or information purposes
by
iii.
a library board as defined in the Public Libraries Act, R.S. O. 1990,
c.P.44; and
e) to undertake studies in connection with any matter under the Act and any
of the matters in clauses (a) to (d);
f) to complete the development charge background study under s.10;
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g) interest on money borrowed to pay for costs in ( a) to ( d);
required for the provision of services designated in this by-law within or outside
the municipality.
10)" council" means the Council of the municipality.
11)" 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 has the effect of increasing the size or usability
thereof, and includes redevelopment.
12)" development charge" means a charge imposed against land in the
municipality under this by-law.
13)" dwelling" or "dwelling unit" means any part of a building or structure with
one or more habitable rooms designed or intended to be used as a domestic
establishment in which one or more persons may sleep and in which sanitary
facilities are provided for their exclusive use and a separate kitchen may or
may not be provided. " Housing unit" shall have the same meaning as
dwelling unit" and where used in this by-law or the Schedules to this by-law,
housing" and " dwelling" shall be interchangeable.
14)" dwelling, single detached" means a separate building containing only one
dwelling unit.
15)" dwelling, semi-detached' means a separate building that is divided vertically
and contains only two dwelling units each having two separate private
ground level entrances.
16) "dwelling, row ( house)" means one of a group of three or more attached
single dwelling units, each having an independent entrance either directly
from outside or through a common vestibule to which each unit' s access is
provided by corridors, stairs or elevators.
17)" dwelling, other multiples" means all dwellings other than single detached
dwellings, semi-detached dwellings and apartment units.
18)" farm" means an agricultural operation located on lands zoned for
agriculture.
19) "front-end payment" means a payment made by an owner pursuant to a
front- ending agreement to cover the net capital costs of the services
designated in the agreement that are required to enable the land to be
developed.
20)" front-ending agreement" means an agreement made under Section 44 of
the Act between the municipality and any or all owners within a benefiting
area providing for front-end payments by an owner or owners or for the
installation of services by an owner or owners or any combination thereof.
21)" gross floor area" means the sum total of the total areas of all floors in a
building or structure, whether at, above, or below grade, measured between
the exterior faces of the exterior walls of a building or structure or from the
centre line of a common wall separating two uses, or from the outside edge
of a floor where the outside edge of the floor does not meet an exterior or
common wall, and:
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a) includes the floor area of a mezzanine, atrium or air -supported structure,
and the space occupied by interior wall partitions; and
b) where a building or structure does not have any walls, the gross floor area
of the building or structure shall be the total of the area of all floors,
including the ground floor, that are directly beneath the roof of the building
or structure.
22)" hospice dwelling" means a building containing more than four (4) dwelling
units or dwelling rooms designed to provide lodging, palliative care and other
support services to patients with terminal or life threatening diseases,
conditions or disorders provided:
a) The dwelling units or rooms have a common entrance at street level;
b) The patients have the right to use common facilities; and
c) The dwelling units or rooms may or may not have exclusive sanitary
facilities.
23) "industrial" means a building used for or in connection with:
a) manufacturing, producing, processing, or distributing something; and
b) research or development in connection with manufacturing, producing or
processing something.
24)" local board" means a school board, public utility commission of the Town
excluding any hydro -electric utility), public library board, local board of
health, or any other board, commission, committee or 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.
25)" local services" means those services, facilities or things which are under the
jurisdiction of the municipality and are within the boundaries of , abut or are
necessary to connect lands to services and an application has been made in
respect of the lands under Sections 41, 51 or 53 of the Planning Act, R.S.O.
1990. c.P.- 13.
26)" municipality" or "Town" means The Corporation of the Town of New
Tecumseth.
27) "non -industrial' means a building or structure used for other than a
residential use or an industrial use.
28) "official plan" means the Official Plan now in force in the Town of New
Tecumseth and any amendments thereto together with any subsequent Plan
or Plans enacted for the Town planning area.
29) "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.
30)" Planning Act' means the Planning Act, R. S.O. 1990, c. P.- 13, as amended.
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31)" regulation" means any regulation made pursuant to the Act.
32)" residential use" means the use of a building or structure or part or parts
thereof as a dwelling.
33)" rural areas" means those areas within the municipality which do not require
municipal water and sanitary sewer services and are generally the areas
outside of the community boundaries of Alliston, Beeton and Tottenham as
shown in the Official Plan as amended.
34)" services" ( or "service") means those services designated in Schedule "A" to
this by- law or specified in an agreement made under Section 44 of the Act.
35)" services in lieu" means those services specified in an agreement made
under Section 11 of this by- law.
36)" servicing agreement' means an agreement between a landowner and the
municipality relative to the provision of municipal services to specified lands
within the municipality.
37) "special care or special need dwelling" means a building containing more
than four dwelling units or dwelling rooms that is designed to accommodate
individuals with specific needs, including independent permanent living
arrangements, where support services such as meal preparation, grocery
shopping, laundry, housekeeping, nursing, respite care and attendant
services are provided at various levels, and:
a) the units have common entrance from street level;
b) the occupants have the right to use in common, halls, stairs, yards,
common rooms and accessory buildings; and
c) the units or rooms may or may not have exclusive sanitary or culinary
facilities or both, which includes but is not limited to a nursing home,
retirement home and group home/shelter.
38)" temporary structure" ( or use)" means a building or structure which is
designed, used or intended for non- residential uses that is constructed,
erected or placed upon lands and which is demolished or removed from the
lands within three ( 3) years of building permit issuance (or such extended
term permitted by the Town) and includes, but is not limited to, sales offices,
office trailers, industrial tents, and temporary or seasonal structures such as
tents, awnings and environmental coverings.
39)" urban areas" means those areas within the municipality which do require
municipal water and sanitary sewer services and are generally the areas
within the community boundaries of Alliston, Beeton and Tottenham as
shown in the Official Plan as amended.
Schedule of Development Charges
2.
1) Subject to the provisions of this by- law, development charges against land
shall be calculated and collected in accordance with the base rates set out
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in Schedules "B" and " C", which relate to the services set out in Schedule
A
2) The development charge with respect to the use of any land, buildings or
structures shall be calculated as follows:
a) In the case of residential development, or the residential portion of a
mixed- use development, based upon the number and type of dwelling
units.
b) In the case of industrial development, or the industrial portion of a
mixed- use development, based upon the gross floor area of such
development.
c) In the case of non -industrial development, or the non -industrial portion
of a mixed- use development, based upon the gross floor area of such
development.
3) Council hereby determines that the development of land, buildings or
structures for residential, industrial and non -industrial uses have required
or will require the provision, enlargement, expansion or improvement of
the services referenced in Schedule "A".
Phase- in of Development Charges
3.
The residential, industrial and non -industrial use development charges are
imposed pursuant to this by-law and are not being phased -in and are payable
in full, subject to the exemptions herein, from the effective date of this by- law.
Applicable Lands
EN
1) Subject to subsection ( 3), this by- law applies to all lands in the
municipality, whether or not the land or use is exempt from taxation under
Section 3 of the Assessment Act, R. S. O. 1990, c.A.31.
2) For the purpose of complying with section 6 of the Act;
a) the area to which this by-law applies shall be the area described in
subsection
1 above.
b) the rules developed under paragraph 9 of subsection 5( 1) of the Act for
determining if a development charge is payable in a particular case
and for determining the amount of the charge shall be as set forth in
sections 5 through 10 of this by- law.
c) the rules for exemptions shall be as set forth in subsection ( 3) of
Section 4 of this by- law.
d) the rules respecting redevelopment of land shall be as set forth in
section 7 of this by- law.
3) This by-law shall not apply to land that is owned by and used for the
purposes of:
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a) a board of education;
b) any municipality or local board thereof;
c) public hospitals, under the Public Hospitals Act;
d) those portions of places of worship exempt from taxation under Section
3 of the Assessment Act;
e) agricultural uses;
f) a consent (boundary line adjustment) under Section 53 of the Planning
Act where no new building lot is created;
g) the relocation of a heritage building within the municipal boundaries;
h) buildings and structures for publicly -funded post -secondary school
educational institutions established pursuant to the Ministry of College
and Universities Act, R. S. O. 1990, c.M19, as amended;
i)
temporary structures, provided they continue to comply with the
definition set out above and any Agreement entered into with the
Town; and
j) a hospice dwelling.
Rules with Respect to Exemptions for Intensification of Existing Housing
11
1) Pursuant to subsections 2( 3) and ( 3. 1) of the Act, no development charge
shall be imposed with respect to the following:
a) the enlargement of an existing dwelling unit;
b) the creation of additional dwelling units as prescribed in the
Regulation, subject to any restrictions as set out in the Regulation, in
prescribed classes of existing residential buildings or prescribed
structures ancillary to existing residential buildings as set out in the
Regulation; or
c) the creation of a second dwelling unit in prescribed classes of
proposed new residential buildings as set out in the Regulation,
including structures ancillary to dwellings, subject to any restrictions as
set out in the Regulation.
2) Where the requirements of subsections 5( 1)( b) or ( c) of this by-law are not
met, development charges shall be calculated and collected in accordance
with Schedule " B" for any additional dwelling units.
Rules with Respect to an " Industrial' Expansion Exemption
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91
1) For the purposes of calculating development charges pursuant to section
2, if a development includes the enlargement of the gross floor area of an
existing industrial building, the amount of the development charge that is
payable is the following:
a) if the gross floor area is enlarged by 50 per cent or less, the amount of
the development charge in respect of the enlargement is zero; or
b) if the gross floor area is enlarged by more than 50 per cent,
development charges are payable on the amount by which the
enlargement exceeds 50 per cent of the gross floor area before the
enlargement.
2) For the purpose of this section, the terms "gross floor area" and " existing
industrial building" shall have the same meaning as those terms have in
0. Reg. 82/ 98 made under the Act.
3) In this section, for greater certainty in applying the exemption herein:
a) the gross floor area of an existing industrial building is enlarged where
there is a bona fide physical and functional increase in the size of the
existing industrial building.
b) for the purpose of determining any enlargement, the existing industrial
building will be its gross floor area as of the date of passage of this by-
law (' original gross floor area").
c) the maximum exemption permitted during the term of this by- law will
be 50% of the original gross floor area irrespective of the number of
enlargements or expansions of the gross floor area that have taken
place or will take place over the course of the term of this by-law so
that any enlargement beyond 50% of the original gross floor area
during the term of this by-law will be subject to the development charge
herein. For the purpose of this paragraph, the original gross floor area
will be the gross floor area of the industrial building as of September 7,
2013.
d) An expansion must be attached to and a bona fide extension of the
existing building and attached shall not mean or include a tunnel,
bridge, passageway, shared below grade connection (whether by
footing, foundation, passageway or otherwise), shared roof connection
or shared parking facility.
Rules with Respect to the Redevelopment of Land
7.
Where, as a result of the redevelopment of land, a building or structure,
proven to be occupied or able to be occupied at the time of issuance of the
demolition permit, 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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a) in the case of a residential building or the residential portion of a
mixed- use building or structure, an amount calculated by multiplying
the applicable development charges under section 2 of this by-law by
the number, according to type of dwelling units that have been
demolished or converted to another principal use;
b) in the case of a non -industrial building or the non -industrial portion of a
mixed- use building or structure, an amount calculated by multiplying
the applicable development charges under section 2 of this by-law by
the non -industrial gross floor area that has been demolished or
converted to another principal use; and
c) in the case of an industrial building, or the industrial portion of a mixed-
use building or structure, an amount calculated by multiplying the
applicable development charges under Section ( 2) of this by- law by the
industrial gross floor area that has been demolished or converted to
another principle use;
provided that a building permit has been issued for the land within two ( 2)
years from the date of issuance of the demolition permit and provided that
such amounts shall not exceed in total the amount of the development
charges otherwise payable with respect to the redevelopment.
Approval for Development
91
1) Subject to subsection (2), development charges shall apply to, and shall
be calculated and collected in accordance with the provisions of this By-
law on land to be developed where, the development requires any one or
more of the following:
a) the passing of a zoning by- law or an amendment thereto under Section
34 of the Planning Act,
b) the approval of a minor variance under Section 45 of the Planning Act;
c) a conveyance of land to which a by- law passed under subsection 50( 7)
of the Planning Act applies;
d) the approval of a plan of subdivision under Section 51 of the Planning
Act,
e) a consent under Section 53 of the Planning Act; the approval of a
description under Section 50 of the Condominium Act, R.S. O. 1990
c.0-26; or
f) the issuing of a permit under the Building Code Act in relation to a
building or structure.
2) Subsection ( 1) shall not apply in respect of:
a) local services installed or paid for by the owner within a plan of
subdivision as a condition of approval under Section 51 of the Planning
Act;
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b) local services installed or paid for by the owner within the area to which
the development relates; or
c) local services installed at the expense of the owner as a condition of
approval under Section 53 of the Planning Act.
Local Service Installation
9.
Nothing in this by- law prevents Council from requiring as a condition of any
approval or agreement for development under the Planning Act, including
sections 41, 51 or 53 of the Planning Act, that the owner, at his or her own
expense, shall install such local services within the area to which the
development relates, or that the owner pay for local connections to water
mains, sanitary sewers and/ or storm drainage facilities, as Council may
require.
Multiple Charges
10.
1) Where two or more of the actions described in subsection 8( 1) of this by-
law are required before land to which a development charge applies can
be developed only one development charge shall be calculated and
collected in accordance with the provisions of this by-law.
2) Notwithstanding subsection ( 1), if two or more of the actions described in
subsection 8( 1) occur at different times, and if the subsequent action has
the effect of increasing the need for municipal services as designated in
Schedule "A", an additional development charge on the additional
residential units and/or the additional gross floor area for industrial or non-
industrial shall be calculated and collected in accordance with the
provisions of this by- law.
Services in Lieu
ill
1) Council may authorize an owner to substitute the whole or such part of the
development charge applicable to the owner's development as may be
specified in an agreement, by the provision at the sole expense of the
owner, of services in lieu. Such agreement shall further specify that where
the owner provides services in lieu in accordance with the agreement,
Council shall give to the owner a credit related to the portion of the
development charge attributable to services provided, equal to the
reasonable cost to the owner of providing the services in lieu, provided
such credit shall not exceed the total development charge payable by an
owner to the municipality. Credits will be applied to development
agreement activity or subsequent phase activity at the rate in effect.
Council may at its discretion, apply post development remaining credit
balances to another agreement, otherwise balances will be paid upon
satisfactory development completion.
2) In any agreement under Subsection ( 1), Council may also give a further
credit to the owner equal to the reasonable cost of providing services in
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addition to, or of a greater size or capacity, than would be required under
this by-law.
3) The credit provided for in Subsection ( 2) shall not be given for the cost of
works which relates to an increase in the service standards used in the
calculation of the charges in Schedules " B" and " C, and no credit shall be
charged to any development charges reserve fund prescribed in this by-
law.
Front -Ending Agreements
12.
Council may enter into front -ending agreements in accordance with the
provisions of the Act and the regulations from time to time in force.
Timing of Calculation and Payment
13.
1) The total amount of development charges shall be calculated and be
payable pursuant to this by- law, in accordance with Section 26, Section
26. 1. and Section 26.2 of the Act.
2) Where Section 26. 1 and Section 26.2 of the Act do not apply, the total
amount of development charges shall be calculated and be payable
pursuant to this by- law as of the date the first building permit is issued.
3) Where development charges apply to land in relation to which a building
permit is required, the building permit shall not be issued until the
development charge has been paid in full or as otherwise required in
accordance with the Act.
4) Notwithstanding subsections 13( 1) and (2) of this by-law, an owner and
the Town may enter into an agreement to provide for the payment in full of
a development charge before building permit issuance or later than the
issuing of a building permit, in accordance with Section 27 of the Act.
5) If a development does not require a building permit, the development
charge shall be calculated and paid in full at the rate in effect at the time
the approval is granted as a condition of the earliest of any of the
approvals required for the development as enumerated in Section 2 of this
by-law.
6) Notwithstanding subsection 13( 1) to 13( 5) and unless an agreement is
otherwise entered into with the municipality as set out in sub -section ( 7),
the portion of the development charge with respect to Engineered
Services, being Water Services, Wastewater Services and Services
Related to a Highway: Roads and Related, will be payable with respect to
an approval of a plan of subdivision under Section 51, of the Planning Act
immediately upon entering into an agreement and with respect to a
consent under Section 53 of the Planning Act, immediately upon entering
into a consent agreement and prior to final approval of the consent, in the
event the owner and the Municipality mutually agree to do so.
7) Notwithstanding subsections 13( 1) to 13( 6), an owner may enter into an
agreement with the municipality to provide for the payment in full or in part
of a development charge before building permit issuance or later than the
issuing of a building permit, as agreed, and for the charging of interest by
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the municipality on that part of the development charge paid after it would
otherwise have been payable. Further, as an alternative to payment of the
development charge for the Engineered Services set out in sub -paragraph
6), an owner may request an agreement with the municipality based on
the following principles:
a. Upon execution of the agreement, payment of the Engineered Services
development charges for forty percent (40%) of the total units in the
approved plan at the rate then in force;
b. For the one-year period after the date of execution of the agreement,
the full development charge for each and every building permit issued
after forty percent (40%) of the approved units has been reached;
c. On the one-year anniversary date of execution of the agreement,
payment of the Engineered Services development charges for all
remaining outstanding building permits that have not been issued for
the approved plan at the rate then in force; and
d. For greater certainty, whether or not an agreement is entered into
regarding the Engineered Services, the general services portion of the
development charge is due and payable at the time of the issuance of
each and every building permit.
By-law Registration
14.
A certified copy of this by- law may be registered on title to any land to which
this by-law applies.
Reserve Fund(s)
15.
1) Monies received from payment of development charges shall be
maintained in separate reserve funds as follows: Library Board, Fire
Services, Joint Police Services, Parks and Recreation, Services Related
to a Highway: Public Works, Development Related Studies, Services
Related to a Highway: Roads and Related, Water Service, and
Wastewater Service. Funds shall be used only in accordance with the
provisions of Section 35 of the Act.
2) Where any development charge, or part thereof, remains unpaid after the
due date, the amount unpaid shall be added to the tax roll and shall be
collected as taxes.
3) Where any unpaid development charges are collected as taxes under
subsection ( 2), the monies so collected shall be credited to the
development charge reserve fund or funds referred to in subsection ( 1).
4) The Treasurer of the Municipality shall, in each year commencing in 2022
for the 2021 year, furnish to council a statement in respect of the reserve
fund established hereunder for the prior year, containing the information
set out in Sections 12 and 13 of O. Reg. 82/98.
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5) Borrowing from the reserve fund, or from one designated municipal
service fund to another, for municipal financial purposes will be permitted
as authorized from time to time by resolution or by-law of Council provided
interest is paid in accordance with the Act and the regulations thereto, and
in particular Section 36.
Interest Payments
16.
1) The Town may charge interest on the installments required by subsection
26. 1( 3) of the Act from the date the development charge would have been
payable in accordance with Section 26 of the Act to the date the
installment is paid.
2) Where subsections 26. 2( 1) (
a) or (b) of the Act applies, the Town may
charge interest on the development charge from the date of the
application referred to in the applicable clause to the date the
development charge is payable under subsection 26. 2( 3) of the Act.
3) The Town may determine, by Council resolution or policy external to this
by-law, interest rates in relation to subsections 16( 1) and ( 2) of this by-law.
Refunds or Corrections
IVA
f:]
1) Refunds or partial refunds of development charges that have been paid
will be made, without interest, where:
a) a building permit is cancelled, revoked, or amended for any reason
prior to the commencement of construction resulting in an
overpayment of development charges to the Town, subject to the
payment of the applicable fees as set by the Town from time to time
in its Fees and Charges By- law, as amended; or
b) an internal clerical error, including the transposition of figures, a
typographical or similar error, has occurred with respect to the
calculation of a development charge which resulted in an
overpayment to the Town.
1) Additional payment of development charges shall be made where a
clerical or factual error, including the transposition of figures, a
typographical or similar error, has occurred with respect to the calculation
of a development charge under this by-law or any other by- law which
resulted in an underpayment to the Town or any other government entity.
By-law Amendment or Repeal
19.
1) Where this by- law or any development charge prescribed thereunder is
amended or repealed either by order of the Ontario Land Tribunal or by
the Municipal Council, the Municipal Treasurer shall calculate forthwith the
amount of any overpayment to be refunded as a result of said amendment
or repeal.
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2) Refunds that are required to be paid under subsection ( 1) shall be paid to
the registered owner of the land on the date on which the refund is paid.
3) Refunds that are required to be paid under subsection ( 1) shall be paid
with interest to be calculated as follows:
a) Interest shall be calculated from the date on which the overpayment
was collected to the date on which the refund is paid;
b) The refund shall include the interest owed under this section;
c) Interest shall be paid at the Bank of Canada rate in effect on the date
of enactment of this by-law.
Development Charge Schedule Indexing
20.
The development charges referred to in Schedule " B" and " C shall be
adjusted semi-annually, without amendment to this by- law, commencing in
July, 2022, and semi- annually thereafter in each January and July while this
by-law is in force, in accordance with the most recent semi- annual change in
the Statistics Canada Non -Residential Building Construction Price Index for
Toronto.
By-law Administration
21.
This by- law shall be administered by the Municipal Treasurer.
Schedules to the By-law
22.
The following schedules to this by-law form an integral part of this by-law:
Schedule A -- Schedule of Municipal Services
Schedule B -- Schedule of Municipal Residential Development Charges
Schedule C -- Schedule of Municipal Industrial and Non -Industrial
Development Charges
Existing Development Charge By-law Repeal
23.
By- law 2018- 116 together with any other amendments thereto, are repealed
effective upon the coming into force of this by-law on January 1, 2022.
Severability
24.
If, for any reason, any provision, section, subsection or paragraph of this By-
law is held to be invalid, it is hereby declared to be the intention of Council
that all of the remainder of this by- law shall continue in full force and effect
until repealed, re-enacted or amended, in whole or in part or dealt with in any
other way.
Date By-law Effective and Expires
25.
1) This by- law shall come into force and effect on January 1, 2022.
By- law 2021- 166............................................................................................
Page 15 of 18
2) This by- law shall continue in force and effect for a term not to exceed five
years from the date of coming into force, unless it is extended by statute,
regulation or by- law, or repealed at an earlier date.
3) Nothing herein shall restrict the ability of Council to amend this by- law as it
deems appropriate from time to time.
Headings for Reference Only
26.
The headings inserted in this by- law are for convenience of reference only
and shall not affect the construction or interpretation of this by- law.
Short Title
27.
This by- law shall be cited as the "Development Charges By-law 2021".
Read a first, second and third time and finally passed this 13th day of
December, 2021.
Clerk
By- law 2021- 166............................................................................................
Page 16 of 18
The Corporation of The Town of New Tecumseth
Schedule " A"
Designated Municipal Services under this Development Charge By-law
1.
Library Board
2.
Fire Services
3. Joint Police Services
4. Parks and Recreation
5. Services Related to a Highway: Public Works
6. Development -Related Studies
7. Services Related to a Highway: Roads and Related
8. Water Services
9. Wastewater Services
By- law 2021- 166............................................................................................
Page 17 of 18
The Corporation of The Town of New Tecumseth
Schedule " B"
Schedule of Municipal Residential Development Charges under this
Development Charge By-law
Residential Charge By Unit Type
Service
Apartments
Special Care
Singles &
Rows & Other
Apartments
Bachelor or 1
or Specialized
Semis
Multiples
2+ Bedrooms
Bedroom
Units
Library Board
927
770
667
424
303
Fire Services
1, 647
1, 367
1, 184
754
538
Joint Police Services
38
32
27
17
12
Parks And Recreation
16,590
13,771
11, 928
7, 590
5, 422
Services Related To A Highway:
2,064
1, 713
1, 484
944
675
Public Works
Development Related Studies
470
390
338
215
154
Subtotal General Services
21, 736
18,043
15,628
9,944
7, 104
Services Related To A Highway:
19, 873
16,496
14,288
9,092
6,494
Roads And Related
Water Service
13, 688
11, 362
9,841
6,262
4,473
Wastewater Service
19, 106
15,859
13,736
8,741
61244
Subtotal Engineered Services
52, 667
43, 717
37, 865
24,095
17, 211
TOTAL CHARGE PER UNIT
74,403
61,760 1
53,493
1
34,039
24, 315
By-law 2021- 166............................................................................................
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The Corporation of The Town of New Tecumseth
Schedule " C"
Schedule of Municipal Industrial and Non -Industrial Development Charges
under this Development Charge By-law
Industrial
Non -Industrial
Service
Charge per
Charge per
Square Metre
Square Metre
Library Board
Fire Services
6. 43
12. 01
Joint Police Services
0. 15
0. 28
Parks And Recreation
Services Related To A Highway: Public Works
8. 05
15. 05
Development Related Studies
1. 84
3.43
Subtotal General Services
16.47
30. 77
Services Related To A Highway: Roads And
73. 56
128. 54
Related
Water Service
72. 13
87.95
Wastewater Service
140.79
123.27
Subtotal Engineered Services
286.48
339.76
TOTAL CHARGE PER SQUARE METRE
302.95
370.53