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BY-LAW NUMBER 3208-20
OF THE
CORPORATION OF THE TOWNSHIP OF NORTH DUMFRIES
Being a By-law to impose certain Development Charges in The Township of North
Dumfries pursuant to the Development Charges Act, S.O., 1997, c. 27, as
amended (the "Act") with respect to services provided by the Township of North
Dumfries.
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 charge background study has been completed in
accordance with section 10 of the Act;
AND WHEREAS the Council of the Township of North Dumfries has given notice and
held a public meeting on the 9'" day of November, 2020 in accordance with section 12
of the Act and the Regulations made under the Act:
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
NORTH DUMFRIES ENACTS AS FOLLOWS:
ile Definitions:
In this by-law:
1.1. "Accessory building" means a building or structure, or part of a building or
structure, that is:
1.1.1 a parking garage that is exclusively devoted to providing vehicle parking
to the main use situated on the same Site;
1.1.2 | amechanical room that is exclusively devoted to providing heating,
cooling, ventilating, electrical, mechanical or telecommunications
equipment for a building or buildings that contain one or more Dwelling
Units or Lodging Units situated on the same Site;
1.1.3. an entrance way, elevator, stairwell or hallway that provides access to a
Dwelling Unit or Lodging Unit, or Dwelling Units or Lodging Units, on the
same Site;
1.1.4 apool area, change room, restroom, fitness facility, kitchen, laundry
room, lounge or meeting room that is for the exclusive use of the
residents of a Dwelling Unit or Lodging Unit, or Dwelling Units or Lodging
Units, on the same Site;
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1.1.5 astorage room that provides storage exclusively to a resident or
residents of a Dwelling Unit or Lodging Unit, or Dwelling Units or Lodging
Units, on the same Site; or
1.1.6 anexterior deck, porch, canopy, gazebo, storage shed or stairway that is
exclusively devoted to the use of the residents of a Dwelling Unit or
Lodging Unit, or Dwelling Units or Lodging Units, on the same Site;
1.1.7. And for the purposes of this definition, "Site" shall include common
elements of the same condominium as the applicable main use,
buildings, Dwelling Units or Lodging Units;
1.2 "accessory use" means a use, including a building or structure, that is naturally
and normally incidental, subordinate in purpose or floor area or both, and
exclusively devoted to a principal use, building or structure situate on the same
lot;
1.3 "Act" means the Development Charges Act, 1997 S.O. 1997, c.27, as amended;
1.4. "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;
1.5 "capital costs" means costs incurred or proposed to be incurred by the Township
directly or by others on behalf of, and as authorized by, the Township;
1.5.1. to acquire land or an interest in land, including a leasehold interest;
1.5.2 to improve land;
1.5.3. to acquire, lease, construct or improve buildings and structures;
1.5.4. to acquire, lease, construct or improve facilities including:
1.5.4.1. rolling stock with an estimated useful life of seven years or
more;
1.5.4.2 furniture and equipment, other than computer equipment;
1.5.5 to undertake studies in connection with any of the matters in clauses 1.2.1
to 1.2.4;
1.5.6 to undertake the development charge background study required under s.
10 of the Development Charges Act; and
1.5.7. interest on money borrowed to pay for costs described in paragraphs 1.2.1
to 1.2.4.
1.6 "Council" means the Council of The Corporation of the Township of North
Dumfries;
1.7. "development" includes re-development;
1.8 "development charge" means a charge imposed against land under this By-law;
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1.9 "dwelling unit" means one or more rooms occupied or designed for human
habitation which include a separate, private entrance together with cooking and
sanitary facilities for the exclusive use of the occupants thereof. A unit or room in
a hotel, motel, nursing or retirement home, independent living facility on the
same Site as a nursing or retirement home, hospice, rehabilitation facility,
student residence where meals and supervision are available, group home or
hostel designed for human habitation shall not constitute a Dwelling Unit;
1.10 "existing industrial building" means a building or buildings existing on a site on
the day this By-law is passed or the first building or buildings constructed on a
vacant site pursuant to site plan approval under section 41 of the Planning Act,
R.S.O. 1990, c. P.13 (the "Planning Act") subsequent to the passing of this By-
law for which full development charges were paid, and is used for or in
connection with,
1.10.1 the production, compounding, processing, packaging, crating, bottling,
packing or assembling of raw or semi-processed goods or materials
("manufacturing") or warehousing;
1.10.2 research or development in connection with manufacturing;
1.10.3 retail sales by a manufacturer, if the retail sales are at the site where the
manufacturing is carried out and such retail sales are restricted to goods
manufactured at the site; or
1.10.4 office or administrative purposes, if they are,
1.10.4.1 carried out with respect to manufacturing or warehousing; and
1.10.4.2 in or attached to the building or structure used for such
manufacturing or warehousing;
1.11 "farm" means a parcel of land on which the predominant activity is farming. A
farm shall not include a greenhouse;
1.12 "farm occupation" means a vocational use permitted by the applicable zoning by-
law and carried on in a building or as an accessory use in a portion of a building
on a farm where farming occurs;
1.13 "farming" means the production of crops or the breeding, raising or maintaining of
livestock, or both, and includes but is not limited to:
1.13.1 fur farming;
1.13.2 fruit and vegetable growing;
1.13.3 the keeping of bees;
1.13.4 fish farming; and
1.13.5 sod farming,
and includes such buildings and structures located on a Farm that are designed
and intended to be used solely for or in connection with:
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i) storage or repair of farm equipment;
it) storage of materials used in the production or maintenance of crops or
livestock on the Farm; or
iil) storage of the products derived from the Farm's production of crops or
livestock.
Farm and Farming shall not include a Dwelling Unit located on a Farm or such
buildings or structures located on a Farm that are designed and intended to be
used solely for or in connection with the processing of the crops or livestock
through mechanical, chemical or other means to create an altered product;
1.14 "grade" means with respect to a Dwelling Unit or Single Detached Dwelling
means the average level of finished ground adjoining same at all exterior walls;
1.15 "greenhouse" means any nursery building where any form or quantity of flowers,
household plants, landscaping plants, horticultural products or manufactured
household or gardening products not produced on the Site is offered for sale;
1.16 "gross floor area" means the total floor area of a building or structure or part
thereof measured between the outside faces of exterior walls or between the
outside faces of exterior walls and the centre line of an partition walls and, in the
case of a dwelling unit, included only those areas above grade. The gross floor
area shall include any area which is being used for the repair or for the public
sale of vehicles but shall exclude any area which is specifically designed for the
parking of passenger motor;
1.17 "home occupation" means a vocational use, which is not a farm occupation,
carried on in conjunction with a dwelling unit on the same property as permitted
by the applicable Township Zoning By-law
1.18 "industrial building' means a building that is used for:
1.18.1 the production, compounding, processing, packaging, crating, bottling,
packing or assembling of raw or semi-processed goods or materials
("manufacturing") or warehousing;
1.18.2 research or development in connection with manufacturing;
1.18.3 retail sales by a manufacturer, if the retail sales are an accessory use at
the site where manufacturing is carried out; or
1.18.4 office or administrative purposes, if they are,
1.18.4.1 carried out as an accessory use to the manufacturing and
warehousing; and
1.18.4.2 in or attached to the building or structure used for such
manufacturing or warehousing;
1.19 "Institutional development" means development of a building or structure
intended for use,
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1.19.1 as a long-term care home within the meaning of subsection 2(1) of the
Long-Term Care Homes Act, 2007:
1.19.2 as a retirement home within the meaning of subsection 2(2) of the
Retirement Homes Act, 2010;
1.19.3 by any of the following post-secondary institutions for the objects of the
institutions:
1.19.3.1 auniversity in Ontario that receives direct, regular and
ongoing operating funding from the Government of Ontario
1.19.3.2 A college or university federated or affiliated with a university
described in subclause 1.19.3.2; or
1.19.3.3 An Indigenous Institute prescribed for the purposes of section
6 of the Indigenous Institutes Act, 2017
1.19.4 as amemorial home, clubhouse or athletic grounds by an Ontario
branch of the Royal Canadian Legion; or
1.19.5 asa hospice to provide end of life care
1.20 "local board" has the same meaning as in section 1 of the Act;
1.21 "local services" means services related to a plan of subdivision or within the area
to which the plan relates, to be installed or paid for by the owner as a condition of
approval under s. 51 of the Planning Act or under s. 53 of the Planning Act;
1.22 "lodging house" means a building designed or intended to contain, or containing
Lodging Units where the residents share access to common areas of the
building, other than the Lodging Units;
1.23 "lodging unit" means a room located in a lodging house which:
1.23.1 is designed to be occupied for human habitation by one resident:
1.23.2 is not normally accessible to persons other than the resident without the
permission of the resident; and
1.23.3 may contain either cooking or sanitary facilities, but not both, for the
exclusive use of the resident.
A unit or room in a hotel, motel, nursing or retirement home, independent living
facility on the same Site as a nursing or retirement home, hospice, rehabilitation
facility, student residence where meals and supervision are available, group
home, or hostel designed for human habitation shall not constitute a Lodging
Unit;
1.24 "mixed use development" means development containing both residential and
non-residential uses;
1.25 "Non-profit housing development" means development of a building or structure
intended for use as residential premises by,
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1.25.1 acorporation 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;
1.25.2 acorporation without share capital to which the Canada Not-for-profit
Corporations Act applies, that is in good standing under that Act and
whose primary objective is to provide housing; or
1.25.3 anon-profit housing co-operative that is in good standing under the Co-
operative Corporations Act.
1.26 "non-residential uses" means all commercial, industrial, institutional or other use,
except farming, not included in the definition of residential uses;
1.27. "owner" means the owner of land or a person authorized by the owner who has
made application for an approval for the development of land upon which a
development charge is imposed;
1.28 "pre-existing development" means a use of land existing on the land at the time a
development charge is payable or existing at any time in the five years prior
thereto;
1.29 "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.
1.30 "residential building" includes the following:
1.30.1 "Residential Building -- Apartment" means a Residential Building
containing three (3) or more dwelling units which share common hall or
halls and common entry at grade. Despite the foregoing, an apartment
dwelling includes stacked townhouse dwellings;
1.30.2 "Residential Building -- Other Multiple" means all dwellings other than
single detached dwellings, semi-detached dwellings, and apartment
dwellings within the respective meanings ascribed hereto under this By-
law;
1.30.3 "Residential Building -Single Detached" means a Residential Building
containing one (1) only dwelling unit;
1.30.4 "Residential Building -- Semi-Detachea" means a Residential Building
divided vertically into two (2) dwelling units by a solid common wall
extending from the base of the foundation to the roof line and said
common wall shall have a horizontal distance of not less than fifty percent
(50%) of the horizontal depth of the building;
1.30.5 "Residential Building -- Stacked Townhouse" means a building, other than
a duplex, townhouse, or back to back townhouse, containing at least 3
dwelling units; each dwelling unit separated from the other vertically
and/or horizontally and each dwelling unit having a separate entrance to
grade;
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1.30.6 "Residential Building -- Townhouse dwelling" means one Dwelling Unit
within a building containing three or more Dwelling Units which is divided
from the other Dwelling Units by one or more vertical solid walls or
partitions extending from foundation to roof;
1.31 "residential use" means the use of land, buildings or structures for one or more
dwelling units;
1.32 "services" means services or classes of service designated in Schedule B of this
By-law;
1.33 "Township" means The Corporation of the Township of North Dumfries.
Application and Administration of Development Charges:
2. It is hereby declared by the Council of the Township that all development of
land within the Township, unless otherwise specified in this by-law, will increase
the need for services.
3 (1) Subject to subsection (2) to (6) inclusive, development charges shall apply, and
shall be calculated and collected in accordance with the provisions of this By-
law, on land to be developed or redeveloped for residential and non-residential
use, where:
a) the development or redevelopment of the land will increase the need for
services; and
b) the development or redevelopment requires one or more of the approvals
which follow:
(i) the passing of a zoning By-law or of an amendment thereto under
section 34 of the Planning Act;
(ii) the approval of a minor variance under section 45 of the Planning
Act;
(iit) 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, c.C.26; or
(vii) the issuing of a permit under the Building Code Act, 1992, S.O.
1992, c.23 (the "Building Code"), in relation to a building or
structure.
3 (2) Where two or more of the actions described in subsection (1) are required
before the land to which a development charge applies can be developed or
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redeveloped, only one development charge shall be imposed, calculated and
collected in accordance with the provisions of this By-law;
3 (3) Despite subsection (2), if two or more of the actions described in subsection (1)
occur at different times and if the subsequent action or actions has the effect of
increasing the need for services as designated in this By-law, additional
development charges shall be imposed, calculated and collected in accordance
with the provisions of this By-law.
3 (4) Subject to subsection (4), this by-law applies to all lands within the Township
whether or not the land or the use thereof is exempt from taxation under section
3 of the Assessment Act, RSO 1990, c. A-31;
3 (5) Council hereby imposes the development charges shown in Schedule "A" upon
the development of land to which this by-law applies calculated in the manner
set out in section 4 and Schedule "A";
3 (6) This by-law does not apply to:
(a) The development of land that is owned by and used exclusively for the
purpose of a municipality, a Local Board or a School Board as defined by
subsection 1 (1) of the Education Act,
(b) industrial building additions of up to and including 50% of the existing
gross floor area (defined in O.Reg. 82/98, section 1) of the building; for
industrial building additions which exceed 50% of the existing gross floor
area, only the portion of the addition in excess of 50% is subject to D.C.s
(subsection 4 (3) of the D.C.A.);
(c) Land developed for any municipal use by the:
(i) | Regional Municipality of Waterloo
(ii) | Township of North Dumfries
(iii) | Grand River Conservation Authority
being institutions within the category of institution
(d) the Crown in right of Ontario or the Crown in right of Canada,
(e) a dwelling unit used exclusively for the purposes of non-profit assisted
rental housing which is 100% funded by the Regional Municipality of
Waterloo or the crown in right of Ontario or Canada;
(f) the development of land that constitutes only:
(i) | the enlargement of an existing dwelling unit,
(ii) | one or two additional dwelling units in an existing single detached
dwelling or ancillary structure to the existing single detached
dwelling;
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(iii) | one additional dwelling unit in any other existing residential building
or ancillary structure to the existing dwelling unit;
(iv) greater of one additional dwelling unit or 1% of the existing dwelling
units in the building for existing rental residential buildings
subject to the following restrictions:
Name of Maximum
Class of Description of Class of Number of
Item Existing Existing Residential Additional Restrictions
Residential Buildings Dwelling
Building Units
Existing residential The total gross floor area of the
Existing buildings, each of which additional dwelling unit or units
4 single contains a single Two must be less than or equal to
, detached dwelling unit, that are the gross floor area of the
dwellings not attached to other dwelling unit already in the
buildings. building.
Existing residential
buildings, each of which
Existing semi- | contains a single The gross floor area of iii
; ; additional dwelling unit must be
2 detached dwelling unit, that have less than or equal to the ross
, dwellings or one or two vertical walls, floor area of the dwellin a
row dwellings | but no other parts, already in the buildin g
attached to other y 9:
buildings.
wa: Existing residential Greater of one
3 eh rental buildings, each of | and 1% of the
. buildings which contains four or existing units
g more dwelling units. in the building
An existing residential additonal dwelling unt must be
Other existing | building not in another g
; ; ; . ess than or equal to the gross
4. | residential class of residential
buildings building described in Pes era lease
this table dwelling unit already in the
; building.
(g) Notwithstanding section 3 (6) (f) (ii), 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.
(h) Notwithstanding section 3 (6) (f) (iii), development charges shall be
imposed if the additional unit has a gross floor area greater than:
(i) in the case of a semi-detached or row dwelling, the gross floor area
of the existing dwelling unit; and
(ii) in the case of any other residential building, the gross floor area of
the smallest dwelling unit contained in the residential building
(i) Notwithstanding the provisions of this By-law, development charges shall
not be imposed with respect to 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:
Name of Class
of Proposed Description of Class of
Item New Proposed New Restrictions
Residential Residential Buildings
Buildings
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Proposed new residential
buildings that would not be ,
and that are permitted to y g
Proposed new contain a second dwelling ;
1. detached unit, that being either of The proposed new detached dwelling
" ; ret must be located on a parcel of land on
dwellings the two dwelling units, if . ; .
; which no other detached dwelling, semi-
mo Ube iereeme detached dwelling or row dwelling would
gross floor area, or the be located g g
smaller of the dwelling ,
units.
Proposed new residential
buildings that would have
one or two vertical walls, The proposed new semi-detached
but no other parts, dwelling or row dwelling must only contain
Proposed new attached to other buildings two dwelling units.
Semi detached and that are permitted to
2. dwellinas or row contain a second dwelling The proposed new semi-detached
awalliaee unit, that being either of dwelling or row dwelling must be located
g the two dwelling units, if on a parcel of land on which no other
the units have the same detached dwelling, semi-detached
gross floor area, or the dwelling or row dwelling would be located.
smaller of the dwelling
units.
The proposed new detached dwelling,
Proposed new semi-detached dwelling or row dwelling, to
residential Proposed new residential which the proposed new residential
buildings that ein 5 that would be building would be ancillary, must only
would be gings ins contain one dwelling unit.
ancillary to a ancillary to a proposed
3. proposed new ecaiiatas reer i The gross floor area of the dwelling unit in
detached ; g the proposed new residential building
f ; row dwelling and that are
dwelling, semi- emiieaiintconaina must be equal to or less than the gross
detached a le dwelling unit floor area of the detached dwelling, semi-
dwelling or row g g detached dwelling or row dwelling to
dwelling which the proposed new residential
building is ancillary.
(j) Development for any one or more of the following land uses:
(i) | atemporary use permitted under a municipal zoning by-law
enacted in accordance with section 39 of the Planning Act;
(ii) | a Home Occupation
ill a farm buildin
g
(iv) | temporary erection of a building without a foundation defined in the
Building Code for a period not exceeding six consecutive months
and not more than six months in any one calendar year on a site for
which development charges have been previously paid
(v) an accessory use
3 (7 The services and classes of service to which the development charges imposed
g
by subsection (2) relate to are those listed in Schedule "B" to this by-law
Calculation of Development Charges:
4(1) | Subject to the provisions of this By-law, the charges applicable to residential
development shall be the sum of the amounts calculated by multiplying the
number of units of each type referred to in Schedule "A" by the rates listed
thereunder in the relevant services.
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4(2) Subject to the provisions of this By-law, the charges applicable to non-residential
development shall be the sum of the amounts calculated by multiplying the
square feet of non-residential gross floor area by the rates listed in Schedule "A"
for the relevant services.
4(3) Subject to the provisions of this By-law, development charges against land to be
developed or redeveloped for mixed residential and non-residential use shall be
the aggregate of the amount applicable to the residential component and the
amount applicable to the gross floor area of the non-residential component.
Redevelopment Allowances
4 (4) Where there is a redevelopment, conversion, demolition, or change of use of a
building or structure or part thereof, the Development Charges payable by the
new or proposed development shall be credited by the amount to which the
previous use of the building or structure was subject to Development Charges at
the time this By-law was passed
4(5) With respect to a residential building or structure or the residential portion of a
mixed-use building or structure that has been demolished or converted, the credit
shall by calculated by multiplying the number of dwelling units demolished or
converted within five years of the date of building permit application by the
Development Charge for the relevant demolished units in accordance with
Schedule "A" of this By-law.
4(6) With respect to a non-residential building or structure or the non-residential
portion of a mixed-use building or structure that has been demolished or
converted, the credit shall by calculated by multiplying the Gross Floor Area of
that portion of the building demolished or converted within five years of the date
of building permit application by the Development Charge for the relevant
demolished units in accordance with Schedule "A" of this By-law.
4(7) The credit with respect to a redevelopment, conversion, demolition, or change of
use of a building or structure or part thereof shall not exceed the amount of the
Development Charges payable with respect to new or proposed development.
4(8) Nocredit shall be given with respect to the redevelopment, conversions,
demolition, or change of use of a building or structure or part thereof where the
existing building or structure or part thereof would have been exempt from
Development Charges in accordance with this By-law.
4(9) In determining whether subsections (1) through (5) inclusive apply, demolition or
alteration shall be deemed to have occurred as of the date of the permit issued
thereof and destruction due to natural or criminal acts shall be deemed to have
occurred on the date such acts first occurred.
Administration
5(1) Subject to any agreement made pursuant to subsection 27 (1) of the
Development Charges Act, 1997, the whole of the development charge imposed
under this by-law shall be calculated at the rate in effect at the time of issuance
of the building permit and paid in full to the Treasurer of the Township prior to the
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issuance of a building permit under the Building Code Act for any building or
structure in connection with the development in respect of which the
development charge hereunder is payable.
5 (2) Notwithstanding Subsection 5 (1), 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.
5 (3) Notwithstanding Subsection 5 (1), Development Charges for non-profit housing
developments are due and payable in 21 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.
5 (4) Where the development of land results from the approval of a Site Plan or Zoning
Bylaw Amendment received on or after January 1, 2020, and the approval of the
application occurred within 2 years of building permit issuance, the Development
Charges under Subsections 4 (1), 4 (2) and 4 (3) shall be calculated on the rates
set out in Schedule "A" on the date of the planning application, including interest.
Where both planning applications apply Development Charges under
Subsections 4 (1), 4 (2) and 4 (3) shall be calculated on the rates, including
interest, set out in Schedules "A" on the date of the later planning application.
5 (5) Despite sections 5 (1) to 5 (4), 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.
5 (6) Interest for the purposes of sections 5 (2) to 5 (3) shall be determined as the
bank of Canada prime interest rate plus 2% on the date of building permit
issuance. Notwithstanding the foregoing, the interest rate shall not be less than
0%.
5(7) Interest for the purposes of section 5 (4) shall be determined as the bank of
Canada prime interest rate plus 2% on the date of the planning application was
received. Notwithstanding the foregoing, the interest rate shall not be less than
0%.
6 (1) The charges set out in Schedule "A" on which a development charge is based
shall be adjusted without amendment to this by-law on December 1 each year,
commencing on December 1, 2021 in accordance with section 7 of O. Reg. 82-
98 as may be amended from time to time.
Prior Agreements and Payments:
7 (1) | Where, in any servicing agreement entered into prior to By-law __-20 coming
into force, provision is made for payment in the future of a development charge
in respect of a development of land to which this by-law applies at the applicable
rate upon issuance of a building permit or other event and where such payment
is made after the coming in force of this by-law, such payment shall be
calculated in accordance with the development charges provided for in this by-
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law and shall be deemed to be a development charge payment made pursuant
to this by-law and the Development Charges Act, 1997.
7(2) Notwithstanding any provisions in this by-law quantifying a development charge
for the development of a site, where a servicing agreement entered into prior to
By-law ___-20 coming into force provides for the payment of a development
charge in respect of a site to which this by-law applies at a fixed rate, or at a
minimum rate which is greater than the development charge provided for herein,
the charge set out in the agreement shall apply in respect of the development of
the site to which the agreement relates. Where the development to which the
agreement relates has not been specified, the first development for which a
building permit is issued shall be deemed to be that to which the agreement
relates and any subsequent development, whether or not requiring any further
approvals other than a building permit, shall be subject to the provisions of this
by-law.
7 (3) | Where a charge has been paid pursuant to a condition imposed on a consent
given prior to By-law ___-20 coming into force be the Committee of Adjustment,
such payment shall be deemed to be payment in full under this by-law.
Credits:
8. Credits may be given as required under sections 38 - 41 inclusive of the
Development Charges Act, 1997, and shall be applied against the development
charge payable under this by-law on a site to the maximum of the development
charge otherwise payable for the services to which the work relates and in a
manner set forth in such an agreement as Council may determine. When an
agreement is entered into the credit assigned to a site shall not exceed the
maximum density permitted by a draft plan of subdivision or the Township Zoning
By-law which pertains to the site on that date, whichever is greater.
Reserve Funds:
9. The Treasurer shall establish and retain reserve funds for the services and
classes of service set out in Schedule "B" in accordance with the provisions of
the Development Charges Act, 1997 and shall on or before July 1 of each year
prepare and provide to Council a financial statement with respect to each reserve
fund or funds so established.
General Provisions:
10. --_ Nothing in this by-law limits the right of Council to require or request an owner to
install such services as the Council requires at the owner's expense. Nothing in
this by-law relieves an owner of any obligation to install, at the owner's expense,
such services as are requested or required by Council as a condition of any
approval under the Planning Act.
11. Any servicing agreements made under the Planning Act, prior to the coming into
force of By-law -20 shall remain in full force and effect and, to the extent of
conflict with this by-law, shall prevail.
Watson & Associates Economists Ltd. Sea ; pian a esouefineeooeveun La
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12. Where a development charge is payable hereunder, but any matter as to
calculation, manner or timing of payment is not expressly provided for herein,
such matters shall be determined in accordance with the Development Charges
Act, 1997 and Regulations, where applicable by analogy to similar provisions
hereof in accordance with the general principles underlying the Development
Charges Act, 1997 and this by-law.
13. Nothing in this by-law shall be construed so as to commit or require the Township
or its Council to authorize or proceed with any specific capital project or to enter
into a servicing agreement or to provide any credit for the construction of
Township works at any time and Council shail retain discretion not to proceed
with any of the capital projects forecasted if it deems appropriate or advisable for
any reason including, but not limited to, the lack of funding from development
charges or otherwise.
14. By-law 3122-19 is hereby repealed on the date this by-law comes into effect.
15. This by-law shall come into effect on the 1%' day of January 2021.
16. This By-law shall continue in force and effect for a term not to exceed five years
from the date it comes into force, unless it is repealed or replaced at an earlier
date by a subsequent By-law
Read a first and second time this 14'" day of December, 2020.
Mayor Xe. 2Z----
caorcierk (Alta, Shes)
Read a third time and finally passed this 14™ day of December, 2020.
Mayor SB
caoiclek (Alin, 4 Ges y
f 4 |
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(AS
Schedule "A"
: Schedule of Development Charges
RESIDENTIAL NON-RESIDENTIAL
6 i . rtments -
Service/Class of Service Single and Semi- Apartments - 2 nee A (per sq.ft. of Gross
Detached Dwelling Bedrooms + ES andl h, Bother Matiples Floor Area)
Bedroom
Municipal Wide Services/Class of Service:
Services Related to a Hghway 4,596 3,048 1,885 3,487 1,84
Fire Protection Services 143 95 59 108 0.08
Parks and Recreation 6,660 4,416 2,731 5,053 0.04
Growth-Related Studies 71 47 29 54 0.01
Total Municipal Wide ServicesiClass of Services | 11,470| 7,606] 4,704 | 8,702
a
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Schedule "B"
Services and Classes of Service:
Services Related to a Highway;
Fire Protection;
Parks and Recreation; and
Growth-Related Studies.
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