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THE CORPORATION OF THE TOWNSHIP OF NORTH DUNDAS
BYLAW NUMBER 2022-35
Being a Bylaw to Establish Development Charges
WHEREAS the Township has and is projected to experience growth through development
and redevelopment of land, which will increase the need for services to be provided by the
Township;
ANDWHEREAS Council wishes to ensure that the capital cost of meeting growth-related
demands for services does not place a financial burden upon the Township's existing
taxpayers, but also that new taxpayers bear no more than the net capital cost attributable
to providing the eligible services;
AND WHEREAS Section 2 of the Development Charges Act, S.O. 1997, c. 27, as
amended, (hereinafter called the "Development Charges Act") enables the Council to pass
bylaws for the imposition of development charges against land within the Municipality if
the development or redevelopment of land would increase the need for services;
AND WHEREAS the Township prepared a Development Charges Background Study
(dated November 19, 2021) which was posted on the Township's website on November
19, 2021 in accordance with Section 10(4) of the Development Charges Act;
AND WHEREAS the Township prepared a Development Charges Background Study
Addendum #1 (dated January 6, 2022) which was posted on the Township's website on
January 12, 2022 in accordance with Section 10(4) of the Development Charges Act;
AND WHEREAS Council, pursuant to Section 12 of the Development Charges Act and
Section 9 of Ontario Regulation 82/98, gave notice on February 25, 2022 of a public
meeting to consider Addendum #1 to the Development Charges Background Study and
Bylaw, and to enable the public to understand generally the development charges
proposal, held a public meeting on March 22, 2022 and heard representations from all
persons who applied to be heard whether in objection to or in support of the proposed
Addendum and Bylaw;
AND WHEREAS Council, having reviewed the Development Charges Addendum #1 on
April 19, 2022, and the proposed bylaw, and having considered all of the representations
made at the public meeting, directed that this bylaw be enacted;
AND WHEREAS Council, on January 18, 2022 approved the capital project listing set out
in Chapter 5 of the Development Charges Background Study dated November 19, 2021,
and on April 19, 2022 Addendum #1 (dated January 6, 2022) as amended, subject to
further annual review during the capital budget process;
NOW THEREFORE, the Council of The Corporation of The Township of North Dundas
enacts as follows:
1.0
Short Title
1.1
That this Bylaw shall be known as the "Development Charges Bylaw".
2.0
Definitions
For the purposes of this By-law, the following definitions shall apply:
2.1
Accessory Apartment means a residential dwelling unit within a single or
semi-detached dwelling not exempted within Section 4 of this Bylaw andin
the case of a mixed-use development, a residential dwelling unit which is
secondary to the main use of the building. An accessory apartment, as
defined, shall be considered an apartment unit.
1
2.2
Accesso,y Use means a use, including a building or structure, which is
commonly incidental, subordinate and exclusively devoted to the main use
or main building situated on the same lot.
2.3
Act means the Development Charges Act, S.O. 1997, c. 27.
2.4
Apartment means a dwelling or residential building containing three or more
dwelling units, all having a common entrance from the outside or a common
hall or halls, and shall include Back-to-Back and Stacked Townhouse (2+
bedrooms), but shall not include a townhouse or row dwellings.
2.5
Back-to-Back and Stacked Townhouse means a building containing a
minimum of six and no more than sixteen dwelling units that is divided
vertically or horizontally, where each unit is divided by a common wall,
including a common rear wall without a rear yard setback and whereby each
unit has an independent entrance from the outside accessed through the
front yard or exterior side yard;
2.6
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, bathroom or kitchen.
2.7
Building Permit means a permit allowing construction as required by the
Building Code Act.
2.8
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
agreement;
(b)
to improve land;
(c)
to acquire, lease, construct or improve buildings and structures;
(d)
to acquire, lease, construct or improve facilities including,
(i)
rolling stock with an estimated useful life of seven years or
more,
(ii)
furniture and equipment, other than computer equipment, and
(iii)
material acquired for circulation, reference or information
purposes by a library board as defined in the Public Libraries
Act,
(e)
to undertake studies in connection with any of the matter in clauses
(a) to (d) above;
(f)
to prepare a development charges background study, and
(g)
for interest on money borrowed to pay for costs described in clauses
(a) to (d) above.
2.9
Commercial Use means the use of land, structures or buildings for the
purposes of buying, renting or selling commodities and services, but does
not include Industrial Uses or Agricultural Uses, but does include hotels,
motels, motor inns and boarding, lodging and rooming houses.
2.10
Council means the Council of The Corporation of The Township of North
Dundas.
2.11
Demolition Permit means a permit allowing demolition as required by the
Building Code Act.
2.12
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 gross floor area,
or the making of an addition or alteration of a building or structure which has
the effect of creating a new dwelling unit which did not exist at the time of the
passage of this Bylaw, and includes re-development.
2
2.13
Development Charge means a charge imposed with respect to eligible
growth-related net capital cost against land defined in this Bylaw.
2.14
Duplex shall mean a building that is divided horizontally into two (2) dwelling
units, each of which has an independent entrance either directly or through
a common vestibule.
2.15
Dwelling Unit means one or more habitable rooms in which sanitary
conveniences are provided for the exclusive use of the occupants and in
which at least one but not more than one kitchen is provided, and with an
independent entrance either directly from the outside of the building or
through a common corridor or vestibule inside the building.
2.16
Existing Residential Building means a residential building which can be
occupied and used for residential use, and has been in existence for a
minimum of two years.
2.17
2.18
2.19
2.20
2.21
2.22
2.23
Farm Building means a building or part thereof which does not contain a
residential occupancy and which is associated with and located on land
devoted to the practice of farming and used essentially for the housing of
equipment or livestock, or the production, storage or processing of
agricultural and horticultural produce or feeds and shall not include manure
storage facilities, but excludes a building or extension to a building having a
gross floor area of less than 46.45 square metres (500 square feet).
Gross Floor Area means the total floor area, measured between the outside
of exterior walls or between the outside of exterior walls and the centre line
of party walls dividing the building from another building, of all floors above
the average level of finished ground adjoining the building at its exterior
walls.
Growth-Related Net Capital Cost means the portion of a net capital cost of
services that is reasonably attributable to the need for such net capital cost
that results or will result from development in all or a defined part of a
Municipality.
H.S. T. means the Government's Harmonized Sales Tax.
Industrial Building, Existing means a building used for or in connection with,
(a)
manufacturing, producing,
processing, storing or distributing
something,
(b)
research or development in connection with manufacturing, producing
or processing something,
(c)
retail sales by a manufacturer, producer or processor of something
they manufactured, produced or processed, if the retail sales are at
the site where the manufacturing, production or processing takes
place,
{d)
office or administrative proposes, if they are,
(i)
carried out with respect to manufacturing, producing,
processing, storage or distributing of something, and
(ii)
in or attached to the building or structure used for that
manufacturing, producing, processing storage or distribution.
Industrial Use means the use of land, buildings or structures for the purpose
of manufacturing, assembling, making, preparing, inspecting, ornamenting,
finishing, treating, altering, repairing, warehousing, or storage or adapting for
sale of any goods, substances, article or thing, or any part thereof and the
storage of building and construction equipment and materials as
distinguished from the buying and selling of commodities and the supplying
of personal services.
Institutional Use means development of a building or structure intended for
use:
(a)
(b)
As a long-term care home within the meaning of Subsection 2 (1) of
the Long-Term Care Homes Act, 2007;
As a retirement home within the meaning of Subsection 2(1) of the
3
Retirement Homes Act, 2010.
(c)
By any institution of the following post-secondary institutions for the
objects of the institution:
(i)
a university in Ontario that receives direct, regular and
ongoing operation funding from the Government of Ontario;
(ii)
a college or university federated or affiliated with a university
described in subclause 1.16.3.1; or
(iii)
an Indigenous Institute prescribed for the purposes of section
6 of the Indigenous Institute Act, 2017;
(d)
As a memorial home, clubhouse or athletic grounds by an Ontario
branch of the Royal Canadian Legion; or
(e)
As a hospice to provide end of life care.
2.24
Mixed Use means land, building or structures used or designed or intended
for a combination of non-residential uses and residential uses;
2.25
Multiple Dwelling means a residential building containing 3 or more separate
dwelling units other than a town house. This definition may include a senior
citizens apartment.
2.26
Municipality means The Corporation of The Township of North Dundas.
2.27
Net Capital Costs means capital costs less capital grants, subsidies and
other contributions to the Municipality or that the Council of the Municipality
anticipates will be made in respect of the capital costs, including
conveyances or payments under Sections 42, 51 and 53 of the Planning Act
in respect of the capital costs.
2.28
Non-Profit Housing means development of a building or structure intended
for use as residential premises by:
(a)
A corporation without share capital to which the Corporations Act
applies, that is in good standing under that Act and whose primary
objective is to provide housing;
(b)
A corporation without share capital to which the Canada Not-for-
profit Corporation Act applies, that is in good standing under that Act
and whose primary objective is to provide housing; or
(c)
A non-profit housing co-operative that is in good standing under the
Co-operative Corporations Act.
2.29
Non-Residential Uses means uses of land, buildings or structures for
purposes other than a dwelling unit and shall include commercial,
institutional, industrial uses, and other such uses and excluding agricultural
uses.
2.30
Other Multiples means a dwelling unit that is not a Single-Detached, Semi-
Detached, Apartment, Special Care, or Senior-Oriented dwelling unit.
2.31
Owner means the owner of land or a person who has made application for
approval for the development of land upon which a development charge is
imposed.
2.32
Place of Worship means that part of a building or structure that is exempt
from taxation as a place of worship under the Assessment Act.
2.33
Protracted means, in relation to a temporary building or structure, the
continuation of its construction, erection, or placement on land or its
continuation as an alteration or addition, for a continuous period exceeding
245 days within any twelve (12) month period, commencing from the date on
which the building or structure was first erected or placed on the lands;
2.34
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.
4
2.35
Residential Use means land or buildings or structures of any kind whatsoever
used, designed or intended to be used as living accommodations for one or
more individuals;
2.36
Row Dwelling I Townhouse means a building or structure consisting of a
series of three (3) or more dwelling units, but not more than eight (8) units in
a continuous row divided vertically into separate dwelling units by a common
wall above grade.
2.37
Secondary Dwelling Unit means a dwelling unit that is subsidiary to and
located in or ancillary to the same building as an associated principal dwelling
unit; and its creation does not result in the creation of a semi-detached
dwelling, row dwelling or a multiple dwelling.
2.38
Semi-detached means a residential building that is divided vertically into two
(2) dwelling units.
2.39
Senior-Oriented Dwelling Unit means a dwelling unit specifically designed
for seniors to provide an age-targeted residence, primarily for persons who
are either retired or close to retirement, which is part of a complex of 30 or
more similar units, and shall have access to shared common facilities
(clubhouse or lifestyle centre with activities, sometimes with indoor and
outdoor swimming pools, exercise facilities, craft rooms, demonstration
kitchens, and decks and patios for gathering), but shall not include single
detached dwelling units.
2.40
Services means municipal services designated in this Bylaw or in an
agreement made under Section 27 of the Act, as applicable.
2.41
Single Detached Dwelling means a residential building consisting of only one
dwelling unit.
2.42
Special Care/Special Needs Dwelling means a building where the occupants
have the right to use in common, halls, stairs, yards, common rooms, and
accessory buildings; which shall not have exclusive sanitary and/or culinary
facilities, that is designed to accommodate persons with specific needs,
including independent permanent living arrangements, and where support
services
such
as
meal
preparation,
grocery
shopping,
laundry,
houseke~ping, nursing, respite care and attendant services are provided at
various levels. Special care/special needs dwellings include, but is not
limited to retirement homes and lodges, nursing homes charitable dwellings,
garden suites, accessory dwellings and group homes.
2.43
Square Foot or Square Metre means that portion of a building or structure
(expressed in feet or metres or any fraction thereof) actually depicted,
described or utilized for any non-residential use as per an approved site
plan under the Planning Act or the Building Code Act.
2.44
Standard of Services means those standards which govern the quality,
quantity or form, method, delivery, operation or manner in which services
are constructed or installed and which have been duly approved by Council
and are in force within the Municipality.
2.45
Temporary Building or Structure means a building or structure constructed,
erected or placed on land for a period not exceeding 245 days within any
twelve (12) month period, commencing from the date onwhich the building
or structure was first erected or placed on the lands.
3.0
Schedule of Development Charges
3.1
Subject to the provisions of this Bylaw, development charges against land
shall be calculated and collected in accordance with the base rates set out
in Schedule "B", which relate to the eligible services set out in Schedule
"All.
5
3.2
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 ofa
mixed-use development, based upon the number and type of
dwelling units;
(b)
in the case of non-residential development, or the non-residential
portion of a mixed-use development, based upon the gross floor
area of such development.
3.3
Council hereby determines that the development of land, buildings or
structures for residential and non-residential uses have required or will
require the provision, enlargement, expansion or improvement of the
services referenced in Schedule "A."
4.0
Applicable Lands
4.1
Subject to subsections 4.2, 4.3, 4.4, 4.5, 4.6 and 4.7, this by-law appliesto
all lands in the Municipality, whether or not the land or use is exempt from
taxation under Section 3 of the Assessment Act.
4.2
This Bylaw shall not apply to buildings, structures or land that is owned by
and used for the purposes of:
(a)
a board of education as defined in the Education Development
Charges Act;
(b)
a college of applied arts and technology established pursuant to the
Ministry of Colleges and Universities Act, R.S.O. 1990, c. M.19;
(c)
any Municipality or local board thereof;
(d)
the United Counties of Stormont, Dundas and Glengarry or local
board thereof;
(e)
a non-residential farm building used for bona fide agricultural
purposes;
(f)
a cemetery and burial ground exempt from taxation under Section3
of the Assessment Act;
(g)
a Place of Worship and the land used in connection therewith;
(h)
a hospital governed by the Public Hospitals Act, R.S.O. 1990,c.P .40;
(i)
Accessory Uses, except attached and detached residential dwelling
units to a non-residential use;
U)
Other than those fully exempted above, Provincial government land
owned by and used for the purposes of a Provincial government
shall not be exempt from applicable development charges;
(k)
a not-for-profit organization for subsidized housing shall be entitled
to a 50% exemption of development charges. This exemption does
not apply to a Special Care/Special Needs Dwelling;
(I)
Nursing Homes licensed as a long-term care home under the Long-
Term Care Homes Act; and
(m)
Land vested in or leased to a university that receives regular and
ongoing operating funds from the government for the purposes of
post-secondary education if the development is intended to be
occupied and used by the university.
6
4.3
This Bylaw shall not apply to development creating or adding an accessory
use or structure not exceeding 10 square metres of non-residential gross
floor area.
4.4
Notwithstanding the provisions of this Bylaw, development charges shall
not be imposed with respect to:
(a)
an enlargement to an existing dwelling unit;
(b)
The creation of a maximum of two additional dwelling units in an
existing single detached dwelling or structure ancillary to such
dwelling. The total gross floor area of the additional dwelling unit or
units must be less than or equal to the gross floor area of the dwelling
unit already in the existing residential building/dwelling;
(c)
The creation of additional dwelling units equal to the greater of one
or 1 % of the existing dwelling units in an existing residential rental
building containing four or more dwelling units.
The additional
dwelling units may be within the existing residential rental building or
within a structure ancillary to such residential building;
(d)
The creation of one additional dwelling unit in any other existing
residential building/dwelling or within a structure ancillary to such
residential building/dwelling. The gross floor area of the additional
dwelling unit must be less than or equal to the gross floor area of the
smallest
dwelling
unit
already
in
the
existing
residential
building/dwelling;
(e)
The creation of a second dwelling unit in a proposed new Single
Detached, Semi-Detached or Row Townhouse dwelling or in a
building ancillary to such dwelling, subject to the following
restrictions:
Description of Class of
Name of Class of Proposed
Item
New Residential Buildings
Proposed New Residential
Restrictions
Buildings
Proposed new residential
The proposed new detached
buildings that would not be
dwelling must only contain two
attached to other buildings
dwelling units.
and that are permitted to
1
Proposed new detached
contain a second dwelling
The proposed new detached
dwellings
unit, that being either of the
dwelling must be located on a
two dwelling units, if the units
parcel of land on which no
have the same gross floor
other detached dwelling, semi-
area, or the smaller of the
detached dwelling or row
dwellinq units.
dwellinq would be located.
Proposed new residential
The proposed new semi-
buildings that would have one
detached dwelling or row
dwelling must only contain two
or two vertical walls, but no
dwelling units.
other parts, attached to other
Proposed new semi-detached
buildings and that are
The proposed new semi-
2
permitted to contain a second
dwellings or row dwellings
dwelling unit, that being either
detached dwelling or row
of the two dwelling units, if
dwelling must be located on a
the units have the same
parcel of land on which no
gross floor area, or the
other detached dwelling, semi-
detached dwelling or row
smaller of the dwelling units.
dwellinq would be located.
7
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Buildings
3
Proposed new residential
buildings that would be
ancillary to a proposed new
detached dwelling, semi-
detached dwelling or row
dwelling
Proposed new residential
buildings that would be
ancillary to a proposed new
detached dwelling, semi-
detached dwelling or row
dwelling and that are
permitted to contain a single
dwelling unit.
The proposed new detached
dwelling, semi-detached
dwelling or row dwelling, to
which the proposed new
residential building would be
ancillary, must only contain
one dwelling unit.
The gross floor area of the
dwelling unit in the proposed
new residential building must
be equal to or less than the
gross floor area of the
detached dwelling, semi-
detached dwelling or row
dwelling to which the
proposed new residential
buildina is ancillary.
4.5
For the purposes of Subsection 4.4(e), "parcel of land" means a lot or block
within a registered plan of subdivision or draft plan of subdivision or any land
that may be legally conveyed under the exemption provided in clause 50 (3)
(b) or clause 50 (5) (a) of the Planning Act.
4.6
Farm Buildings
A new farm residence shall pay the full applicable residential development
charges as herein.
4.7
Reduction of Development Charges for Redevelopment
4.8
Despite any other provisions of this Bylaw, where, as a result of the
redevelopment of land, a building or structure existing on the same land
within 60 months 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 3.2 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
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 subsection 3.2, 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.
Exemption of Industrial Development
(a)
Notwithstanding any other provision of this Bylaw, 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.
8
(b)
If the gross floor area of an existing industrial building is enlarged by
greater than 50 percent, the amount of the development charge
payable in respect of the enlargement is the amount of the
development charge that would otherwise be payable multiplied by the
fraction determined as follows:
(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 1) by the
amount of the enlargement
(c)
The exemption for an existing industrial building provided by this
section shall be applied to a maximum of fifty percent (50%) of the
gross floor area before the first enlargement for which an exemption
from the payment of development charges was granted pursuant to
this Bylaw
(d)
For greater certainty in applying the exemption in this section, the
gross floor area of an existing industrial building is enlarged where
there is a bona fide increase in the size of the existing industrial
building, the enlarged area is attached to the existing industrial
building, there is a direct means of ingress and egress from the
existing industrial building to and from the enlarged area for persons,
goods and equipment and the existing industrial building and the
enlarged area are used for or in connection with an industrial purpose
as set out in subsection 1 (1) of the Ontario Regulation 82198. Without
limiting the generality of the foregoing, the exemption in this section
shall not apply where the enlarged area is attached to the existing
industrial building by means only of a tunnel, bridge, canopy, corridor
or other passage-way, or through a shared below-grade connection
such as a service tunnel, foundation, footing or a parking facility.
4.9
That where a conflict exists between the provisions of the new Bylaw andany
other agreement between The Township and the owner, with respectto land
to be charged under this policy, the provisions of such agreement prevail to
the extent of the conflict.
5.0
Development Charges - Application
5.1
Subject to subsection 5.2, development charges shall apply to, and shall
be calculated and collected in accordance with the provisions of this Bylaw
on land to be developed for residential and non-residential use, where the
development of the land will increase the need for services, and the
development requires,
(a)
the passing of a zoning bylaw or of 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 bylaw passed under Section 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;
(f)
the approval of a description under Section 50 of the Condominium
Act; or
(g)
the issuing of a permit under the Building Code Act in relation to a
building or structure.
9
5.2
Subsection 5.1 shall not apply in respect of:
(a)
local services installed at the expense of the owner within a plan of
subdivision as a condition of approval under Section 51 of the
Planning Act;
(b)
local services installed at the expense of the owner as a condition of
approval under Section 53 of the Planning Act; or
(c)
local connections to water-mains, sanitary sewers and storm
drainage facilities installed at the expense of the owner including
amounts imposed under a bylaw passed under the Municipal Act.
6.0
Temporary Buildings or Structures
6.1
Temporary Buildings or Structures shall be exempt from the provisions of
this Bylaw.
6.2
In the event that a Temporary Building or Structure becomes protracted, it
shall be deemed not to be, nor ever to have been, a temporary building or
structure, and the Development Charges required to be paid under this
Bylaw shall become payable on the date the temporary building or structure
becomes protracted.
6.3
Prior to the Township issuing a building permit for a Temporary Building or
Structure, the Township may require an owner to enter into an agreement,
including the provision of security for the owner's obligation under the
agreement pursuant to Section 27 of the Act providing for all or part of the
Development Charges required by Subsection 6.2 to be paid after it would
otherwise be payable. The terms of such agreement shall then prevail over
the provisions of this Bylaw.
7.0
Existing Agreements
7 .1
An agreement with respect to charges related to development registered
prior to passage of this Bylaw remains in effect after enactment of this
Bylaw.
8.0
Local Service Installation
8.1
Nothing in this Bylaw prevents Council from requiring, as a condition of an
agreement under Section 41, 51 or 53 of the Planning Act, that the owner,
at his or her own expense, shall install such local services within the plan
of subdivision and otherwise, as Council may require, or that the owner pay
for local connections to water-mains, sanitary sewers and/or storm drainage
facilities installed at the owner's expense.
9.0
Multiple Charges
9.1
Where two or more of the actions described in subsection 5.1 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 Bylaw.
9.2
Notwithstanding subsection 8.1, if two or more of the actions described in
subsection 5.1 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 non-residential floor area, shall be calculated and
collected in accordance with the provisions of this Bylaw.
10.0
Service Level Standards
10.1
The 10-year average levels of service and increases for each eligible
service the Municipality intends met are those contained in the
10
Development Charges Background Study dated November 19, 2021, the
Municipality's most recent capital budget and forecast and Council's
previous approvals of capital projects.
11.0
Credits
11.1
Council, by written agreement, may allow a person to perform work that
relates to a service to which this Bylaw relates pursuant to Sections 38 and
39 of the Development Charges Act.
11.2 The transfer of credits and the use of credits shall be in accordance with
Sections 40 and 41 of the Development Charges Act.
12.0
Front-ending Agreements
12.1
The Municipality may enter into a front-ending agreement or agreements
with any person in a defined area pursuant to Section 44 of the
Development Charges Act.
13.0
Collection of Development Charges
13.1
The said development charges are due and payable in full to the
Municipality in money or by credit granted by the Act, on the date that a
building permit is issued in relation to a building or structure on land to which
a development charge applies.
13.2 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, pursuant to Section 28 of the
Development Charges Act.
13.3
Notwithstanding Sections 13.1 and 13.2, development charges for rental
housing and institutional developments are due and payable in 6 equal
installments commencing with the first installment payable on the date of
occupancy, and each subsequent installment, including interest, payable
on the anniversary date each year thereafter.
13.4
Notwithstanding Sections 13.1 and 13.2, 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.
13.5 Where the development of land results from the approval of a Site Plan or
Zoning Bylaw Amendment made on or after January 1, 2020, and the
approval of the application occurred within 2 years of building permit
issuance, the Development Charges under Sections 13.1, 13.3, and 13.4
shall be calculated on the rates set out in Schedule "B" on the date the
planning application was made, including interest. Where both planning
applications apply, Development Charges under Sections 13.1, 13.3, and
13.4 shall be calculated on the rates, including interest, set out in Schedule
"B" on the date the later planning application was made, including interest.
13.6
Interest for the purposes of Section 13.5 shall be determined based on the
annual rate of indexing applied to the charges set out in Section 16 of this
Bylaw.
Notwithstanding the foregoing, the total charges calculated,
including interest, shall not be greater than the charges that would be
calculated at building permit issuance under Section 13.1.
13.7
Notwithstanding subsections 13.1, 13.2, 13.3, 13.4, 13.5, and 13.6, an
owner may enter into an agreement with the Municipality subject to the
provisions of Section 27 ofthe Development Charges Act to provide for all
or any part of the development charge to be paid before or after it would
otherwise be payable.
11
13.8
An owner may complain in writing to the Council of the Municipality in
respect of the development charges imposed by the Municipality on the
owner's development subject to the provisions of Section 20 of the
Development Charges Act.
13.9
H.S. T shall not be collected as a surcharge to the payment of a
development charge.
13.10 If the development charges or any part thereof imposed by the Municipality
remains unpaid after the due date, the amount unpaid shallbe added to the
tax roll as taxes pursuant to Section 32 of the Development Charges Act.
13.11 Payment of Development Charges shall be by cash, by cheque or e-
transfer.
14.0
Bylaw Registration
14.1
A certified copy of this Bylaw may be registered on title to any land to which
this Bylaw applies and may be done at the sole discretion of the
Municipality.
15.0
Reserve Fund(s)
15.1
Monies received from payment of development charges shall be
maintained in separate reserve funds or each service or class of service,
and shall be used only to meet the growth-related net capital costs for which
the development charge was levied under this Bylaw.
15.2 The Municipal Treasurer is hereby directed to divide the reserve fund(s)
created hereunder into the separate sub-accounts in accordance with the
service categories set out in Schedule "A" to which the development charge
payments shall be credited in accordance with the amounts shown, plus
interest earned thereon.
15.3
The Municipal Treasurer shall deem the reserve funds established under
the former Development Charges Act for eligible services to be reserve
funds for that service under the new Act.
15.4 Any income received from investment of the development charge reserve
fund or funds shall be credited to the development charge reserve fund or
funds in relation to which the investment income applies pursuant to Section
37 of the Development Charges Act.
15.5 Where any unpaid development charges are collected as taxes under
subsection 13.10, the monies so collected shall be credited to the
development charge reserve fund or funds referred to in subsection 15.1.
15.6 The Treasurer of the Municipality shall annually prepare a development
charge reserve fund financial statement pursuant to Section 43 of the
Development Charges Act and Section 12 of Ontario Regulation 82/98,
and shall submit the statement to Council, containing the information set
out in Section 12 (and Section 13 if applicable) of Ontario Regulation 82198.
16.0
Development Charges Schedule Indexing
16.1
Development charges imposed pursuant to this Bylaw shall be adjusted
annually, without amendment to this Bylaw on January 1st, in accordance
with the prescribed index in the Act.
17.0
Other Bylaws and Regulations
17.1
Nothing in this Bylaw shall exempt any person from complying with the
requirements of any other Bylaw, agreement or legislation in force.
12
18.1
Bylaw Administration
18.1
This Bylaw shall be administered by the Municipal Treasurer.
19.0
Validity
19.1
If any section, clause or provision of this Bylaw is for any reason declared
by a court of competent jurisdiction to be invalid, the same shall not affect
the validity of the Bylaw as a whole or any part thereof, other than the
section, clause or provision so declared to be, the intention is that all the
remaining sections, clauses or provisions of this Bylaw shall remain in full
force and effect until repealed.
20.0
Schedules to the Bylaw
20.1
The following schedules to this Bylaw form an integral part of this Bylaw:
Schedule "A" - Designated Municipal Services/Classes of Service
Schedule "B" - Schedule of Development Charges
21.0
Bylaw Amendment or Repeal
21.1
Where this Bylaw or any development charge prescribed thereunder is
amended or repealed either by order of the Ontario Municipal Board 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.
21.2
Refunds that are required to be paid under subsection 21.1 shall be paid b
the registered owner of the land on the date on which the refund is paid.
21.3 The Municipality shall pay interest on a refund under Sections 8(3), 25(1)
and 36 of the Development Charges Act at the prescribed minimum interest
rate (Section 11 of Ontario Regulation 82/98).
22.0
Repeal of Former Bylaws
22.1
Bylaw No. 2022-02 of The Corporation of The Township of North Dundas
is hereby repealed as of May 4, 2022.
·
23.0
Date Bylaw Effective and Term
23.1
This Bylaw shall come into force and effect on May 4, 2022.
23.2
This Bylaw shall continue in force and effect for a term not to exceed five
(5) years from the date it comes into effect, unless it is repealed at an earlier
date.
Council, signed and sealed this 3 rd day of May 2022.
MAYOR
CLERK (/
13
SCHEDULE "A"
Bylaw 2022-35
THE CORPORATION OF THE TOWNSHIP OF NORTH DUNDAS
DESIGNATED MUNICIPAL SERVICES/CLASSES OF SERVICE
1. Fire Protection Services
2. Services Related to a Highway
3. Parks and Recreation Services
4. Waste Diversion Services
5. Growth-Related Studies
6. Pumping Station*
*Applicable only to the 84-unit subdivision, described as Part Block "J", south sideof Nation River
Registered Plan 35, Village of Chesterville, County of Dundas, more particularly described as Parts
1, 2 and 3 on Plan 8R-562, as illustrated bellow.
'
!
~
\
\
' \
~--+--..,J-~-.b=-=,,..,..,,:=!,,--,-'-'-,~ . --->-
-- ·---- · ··r--
(
I
14
~
-=
_.;_JfflU,«=,'::.:.,:,:-
.:::;~ ... ~~
-- ·-
=
=:: :~
Municipal Wide Services/Class of Service:
Fire Protection Services
Services Related to a Highway
Parks and Recreation Services
Waste Diversion Services
Growth-Related Studies
Total Municipal Wide Services/Class of Services*
Area-Specific Services/Class of Service:
Pumping Station*
* -
Service/Class of Service
0.3680
0.2760
0.1840
0.0920
-
0.7054
-
0.0139
0.0167
0.7361
0.0070
0.0052
0.0035
0.0018
0.0084
0.0062
0.0042
0.0021
0.3528
0.2645
0.1763
0.0882
-
-
-
-
0 to 2,500 sq.ft.
2,501 to 5,000 sq.ft.
5,001 to 30,000 sq.ft.
30,001 sq.ft. to
55,000 sq.ft.
55,001 sq.ft. +
-
-
-
-
834
722
534
355
341
452
12,228
10,580
7,822
5,189
5,008
6,610
103
68
66
87
145
125
93
62
59
78
1,264
1,094
809
537
518
683
-
-
10,659
9,222
6,817
4,524
4,365
5,762
Municipal Wide Services/Class of Service:
Numbers may vary slightly due to rounding
This area specific development charge only applies to the 84-unit subdivision, described as Part Block "J", south side of Nation River Registered Plan 36, Village of Chesterville, County of
Dundas, more particularly described as Parts 1, 2 and 3 on Plan 8R-562
NON-RESIDENTIAL (per sq.ft. of Gross Floor Area)
Senior-
Oriented
Dwelling Units
Special Care/
Special Dwelling
Units
Apartments
Bachelor &
1 Bedroom
Apartments 2
Bedrooms+
Other
Multiples
Single & Semi
Detached
Dwelling
Total Municipal Wide Services/Class of Services*
Growth-Related Studies
Waste Diversion Services
Parks and Recreation Services
Services Related to a Highway
Fire Protection Services
NON-RESIDENTIAL DEVELOPMENT CHARGES
RESIDENTIAL
RESIDENTIAL DEVELOPMENT CHARGES
SCHEDULE OF DEVELOPMENT CHARGES
THE CORPORATION OF THE TOWNSHIP OF NORTH DUNDAS
Bylaw 2022-35
SCHEDULE "B"
-
-
-
-
161
139
Service/Class of Service
........-----------
_L__ _______ _