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CORPORATION OF THE TOWN OF PLYMPTON-WYOMING
BY-LAW NUMBER 98 of 2021
A BY-LAW WITH RESPECT TO DEVELOPMENT CHARGES
WHEREAS the Town of Plympton-Wyoming will experience growth through
development and re-development;
AND WHEREAS subsection 2(1) of the Development Charges Act, 1997 c. 27
(hereinafter called "the Act") provides that the council of a municipality may pass By-
law for the imposition of development charges against land for increased capital costs
required because of the need for services arising from development in the area to
which the By-law applies;
AND WHEREAS the Council of The Corporation of the Town of Plympton-Wyoming
("the Town") has given Notice in accordance with Section 12 of the Development
Charges Act, 1997, of its intention to pass a By-law under Section 2 of the said Act;
AND WHEREAS the Council of the Town has heard all persons who applied to be
heard no matter whether in objection to, or in support of, the development charge
proposal at a public meeting held on August 23, 2021;
AND WHEREAS the Council of the Town had before it a report entitled Development
Charge Background Study prepared by B.M. Ross and Associates Limited, wherein it
is indicated that the development of any land within the Town will increase the
need for services as defined herein;
AND WHEREAS the Town Council on September 8, 2021 approved the applicable
Development Charge Background Study in which certain recommendations were
made relating to the establishment of a development charge policy for the Town
pursuant to the Development Charges Act, 1997;
AND WHEREAS the Town Council on September 8, 2021 determined that no
additional public meeting was required;
AND WHEREAS the Council of the Town on September 8, 2021 determined that the
increase in the need for services attributable to the anticipated development as
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contemplated in the Development Charges Background Study including any capital
costs, will be met by updating the capital budget and forecast for the Town, where
appropriate;
AND WHEREAS the Council of the Town on September 8, 2021 determined that the
future excess capacity identified in the Development Charges Background Study, shall
be paid for by the development charges contemplated in the said Development
Charges Background Study, or other similar charges;
AND WHEREAS the Council of the Town of Plympton-Wyoming 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 it is fair and reasonable to have
a single municipal-wide service area;
AND WHEREAS the Development Charges Background Study includes an Asset
Management Plan that deals with all assets whose capital costs are intended to be
funded under the development charge by-law and that such assets are considered to
be financially sustainable over their full life-cycle;
AND WHEREAS the Council of the Town of Plympton-Wyoming will give consideration
to incorporate the Asset Management Plan outlined in the Development Charges
Background Study within the Town's ongoing practices and corporate asset
management strategy.
AND WHEREAS it is deemed necessary to repeal By-law No. 66 of 2016 for the Town
of Plympton-Wyoming.
BY THE COUNCIL, THEREFORE ENACTS AS FOLLOWS:
DEFINITIONS
1.
In this By-law,
(1)
"Act" means the Development Charges Act, S.O. 1997, c. 27;
(2)
"Accessory use" means where used to describe a use, building or
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structure, that the use, building or structure is naturally and normally
incidental, subordinate in purpose of floor area or both, and exclusively
devoted to a principal use, building or structure, but is not an ancillary
residential building;
(3)
"Ancillary residential building" means a residential building that would
ancillary to a detached dwelling, semi-detached dwelling or row dwelling;
(4)
"Apartment unit" means any residential dwelling unit within a building
containing three or more dwelling units where access to each residential
unit is obtained through a common entrance or entrances from the street
level and the residential units are connected by an interior corridor;
(5)
"Board of Education" means a board defined in s.s. 1(1) of the Education
Act;
(6)
"Building Code Act" means the Building Code Act, R.S.O. 1992, c.23, as
amended;
(7)
"Bona fide farm operations" means a bona fide farm operations only and
does not include other residential and non-residential uses accessory to
farm operations;
(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
interest;
(b)
to improve land;
(c)
to acquire, lease, construct or improve buildings and structures;
(d)
to acquire, lease, construct or improve facilities including,
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(i)
rolling stock with an estimated useful life of seven years or
more,
(ii)
furniture and equipment, other than computer equipment,
and
(iii)
materials acquired for circulation, reference or information
purposes by a library board as defined in the Public
Libraries Act, R.S.O. 1990, c.P.-44; and
( e)
to undertake studies in connection with any of the matters referred
to in clauses (a) to (d);
(f)
to complete the development charge background study under
Section 1 0 of the Act;
(g)
interest on money borrowed to pay for costs in (a) to (d);
required for provision of services designated in this By-law within or
outside the municipality;
(9)
"Council" means the Council of The Corporation of the Town of Plympton-
Wyoming;
(10)
"Development" means any activity or proposed activity in respect of land
that requires one or more of the actions referred to in Section 7 of this By-
law and including the redevelopment of land or the redevelopment,
expansion, extension or alteration of a use, building or structure except
interior alterations to an existing building or structure which do not change or
intensify the use of land;
(11)
"Development charge" means a charge imposed pursuant to this By-
law;
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(12)
"Dwelling" shall mean a building or part thereof used or intended,
adapted or designed to be used, occupied or capable of being occupied
exclusively as a home, residence or sleeping place for one or more persons
having a right to exclusive use thereof, but shall not include any travel
trailer, hotel, motel, private garage, a home for the aged, nursing home,
hospital, or living quarters for a caretaker, watchman, or other person or
persons using such living quarters which are accessory to a non- residential
use;
(13)
"Dwelling unit" means a room or suite of rooms used, or designed or
intended for use by, one person or persons living together, in which culinary
and sanitary facilities are provided for the exclusive use of such person or
persons;
( 14)
"Finished grade" means the median elevation between the highest and
lowest point of the finished surface of the ground measured around the
perimeter of the base of a building or structure exclusive of any
embankment in lieu of steps;
(15)
"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;
(16)
"Local board" means a public utility commission, 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 of the
municipality or any part or parts thereof;
(17)
"Local services" means those services or facilities which are under the
jurisdiction of the municipality and are related to a plan of subdivision or
within the area to which the plan relates, required as a condition of
approval under s. 41, s.51 of the Planning Act, or as a condition of
approval under s.53 of the Planning Act;
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(18)
"Multiple dwelling" means all dwellings other than single detached dwellings,
semi-detached dwellings, and apartment dwellings;
(19)
"Municipality'' means The Corporation of the Town of Plympton-Wyoming;
(20)
"Non-profit housing development" means development of a building or
structure intended for use as residential premises by;
(a)
a corporation without share capital to which the Corporations Act
applies, that is in good standing under that Act and whose primary
object is to provide housing;
(b)
a corporation without share capital to which the Canada Not-for-
profit-Corporations Act applies, that is in good standing under that
Act and whose primary object is to provide housing; or
(c)
a non-profit housing co-operative that is in good standing under the
Co-operative Corporations Act, or any successor legislation.
(21)
"Non-residential uses" means a building or structure used for other than a
residential use;
(22)
"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;
(23)
"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,
R.S.O. 1990, c. A.31, as amended, or any successor thereof;
(24)
"Planning Act" means the Planning Act, R.S.O. 1990, c.P. 13, as
amended;
(25)
"Regulation" means any regulation made pursuant to the Act;
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(26) "Residential uses" means lands, buildings or structures or portions thereof
used, or designed or intended for use as a home or residence of one or
more individuals, and shall include a single detached dwelling, a semi-
detached dwelling, a multiple dwelling, an apartment dwelling, and the
residential portion of a mixed-use building or structure;
(27)
"School" means an elementary or secondary School under the jurisdiction of
a public or separate, English-language or French-language board, a School
operated on a non-profit basis and under charter granted by the Province of
Ontario, or a private School;
(28)
"Semi-detached dwelling" means a building divided vertically into two
dwelling units each of which has a separate entrance and access to grade;
(29)
"Single detached dwelling unit" means a residential building consisting of
one dwelling unit and not attached to another structure and includes a
mobile home;
(30)
"Services" means services set out in Schedule "A" to this By-law, as
applicable; and
(31)
"Town" means the Corporation of the Town of Plympton-Wyoming.
CALCULATION OF DEVELOPMENT CHARGES
2.
(1)
Subject to the provisions of this By-law, development charges against land
shall be imposed, calculated and collected in accordance with the base
rates set out in Schedule "B", which relate to the services set out in
Schedule "A".
(2)
The Development charge with respect to the residential building or the
residential portion of a mixed-use building or structure in the municipality
shall be calculated as the sum of the product of the number of dwelling units
of each type multiplied by the corresponding total amount for such dwelling
unit type, as set out in Schedule "B".
(3)
The Development charge with respect to the non-residential building or the
non-residential portion of a mixed-use building or structure in the
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municipality shall be calculated as the sum of the product of the gross floor
area of each building, according to the set fee as set out in Schedule "B".
PHASE-IN OF DEVELOPMENT CHARGES
3.
The development charges imposed pursuant to this By-law and set out in
Schedule "B" are not being phased-in and are to be in effect as of the date
of passage.
APPLICABLE LANDS
4.
(1)
Subject to Sections 5 and 6, 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)
This By-law shall not apply to land that is owned by and used for the
purposes of:
(a) a school development; and
(b) any municipality or local board thereof.
(3)
This By-law shall not apply to the development of non-residential uses
intended for:
(a) places of worship.
RULES WITH RESPECT TO EXEMPTIONS FOR INTENSIFICATION OF
EXISTING HOUSING
5.
(1)
Notwithstanding Section 4 above, no Development charge shall be
imposed with respect to developments or portions of developments as
follows:
(a)
the enlargement of an existing residential dwelling unit;
(b)
one or two additional dwelling units in an existing single detached
dwelling or prescribed ancillary structure to the existing
residential building;
Item
1
2
9
(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 or
prescribed ancillary structure to the existing residential building;
(d)
the creation of one additional dwelling unit in any other existing
residential building already containing at least one dwelling unit
or prescribed ancillary structure to the existing residential
building; or
( e)
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
Description of Class of
Restrictions
of Proposed
Proposed New Residential
New
Buildings
Residential
Buildings
Proposed new
Proposed new residential
The proposed new
detached
buildings that would not be
detached dwelling must
dwellings
1 attached to other buildings
only contain two dwelling
1 that are permitted to
units.
1 contain a second dwelling
The proposed new
unit, being either of the two
detached dwelling must be
dwelling units. If the units
located on a parcel of land
have the same gross floor
on which no other
area, or the smaller of the
detached dwelling, semi-
dwelling units.
detached dwelling or row
dwelling would be located.
Proposed new
Proposed new residential
The proposed new semi-
semi-detached
buildings that would have
detached dwelling or row
dwellings or
one or two vertical walls,
dwelling must only contain
row dwellings
but no other parts,
two dwelling units.
attached to other buildings
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Item
Name of Class
Description of Class of
Restrictions
of Proposed
Proposed New Residential
New
Buildings
Residential
Buildings
and that are permitted to
The proposed new semi-
contain a second dwelling
detached dwelling or row
unit, that being either of the
dwelling must be located
two dwellings, if the units
on a parcel of land on
have the same gross floor
which no other detached
area, or the smaller of the
dwelling, semi-detached
dwellings units.
dwelling or row dwelling
would be located
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Proposed new
Proposed new residential
The proposed new
residential
buildings that would be
detached dwelling, semi-
buildings that
ancillary to a proposed
detached dwelling or row
would be
new detached dwelling,
dwelling, to which the
ancillary to a
semi-detached dwelling or
proposed new residential
proposed new
row dwelling and that are
building would be
detached
permitted contain a single
ancillary, must only
dwelling,
dwelling unit.
contain one dwelling unit.
semi-detached
dwelling or
The gross floor area of the
row dwelling
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 building is
ancillary.
(2)
Notwithstanding subsection 5(1 )(b), development charges shall be
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calculated
and collected in accordance with Schedule "B" as
applicable, where the total residential gross floor area of the additional
one or two dwelling units is greater than the total gross floor area of the
existing single detached dwelling unit.
(3)
Notwithstanding subsection 5(1 )(d), development charges shall be
calculated
and collected in accordance with Schedule "B" as
applicable, where the additional dwelling unit has a residential gross
floor area greater than:
(a)
in the case of semi-detached house or multiple dwelling, the
gross floor area of the existing dwelling unit, and
(b)
in the case of any other residential building, the residential gross
floor area of the smallest existing dwelling unit.
RULES WITH RESPECT TO AN "INDUSTRIAL" EXPANSION EXEMJ>TION
6.
(1)
This By-law does not apply to the enlargement of the gross floor area of
an existing industrial building, if the gross floor area is enlarged by 50
percent or less.
(a)
For the purpose of applying this exemption, the term "existing
industrial building" shall have the same meaning as "existing
industrial building" defined in O.Reg. 82/98 made under the Act;
(b)
In particular, for the purposes of applying this exemption, the
industrial building is considered existing if it is built, occupied and
assessed for property taxation at the time of passage of this By-
law:
(c)
The exemption applies where there is a bona fide increase in the
size of the existing industrial building and the enlarged area is
attached to the existing industrial building, and is used for or in
connection with an industrial purpose as set out in subsection 1(1)
of 0 . Reg. 82/98 made under the Act. Without limiting the
generality of the foregoing, this exemption shall not apply where
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the enlargement is attached to the existing industrial building by
means only of a tunnel, bridge, canopy, corridor or other
passageway, or through a shared below-grade connection such
as a service tunnel, foundation, footing or a parking facility;
(2)
Notwithstanding subsection 6(1 ), if the gross floor area of an existing
industrial building is enlarged by more than 50 percent, development
charges shall be calculated and collected in accordance with Schedule
"Btt on the amount by which the enlargement exceeds 50 percent of the
gross floor area before the enlargement.
DEVELOPMENT CHARGES IMPOSED
7.
(1)
Subject to subsection (2), development charges shall be calculated and
collected in accordance with the provisions of this By-law and be
imposed on land to be developed for residential or non-residential use,
where, the development requires,
(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;
(f)
the approval of a description under Section 50 of the Condominium
Act, R.S.O. 1990, c.C.-26; or
(g)
the issuing of a permit under the Building Code Act, in relation to
a building or structure.
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(2)
Subsection ( 1) shall not apply in respect to
(a)
local services installed or paid for by the owner within a plan of
subdivision or within the area to which the plan relates, as a
condition of approval under Section 51 of the Planning Act;
(b)
local services installed or paid for by the owner as a condition
of approval under Section 53 of the Planning Act.
LOCAL SERVICE INSTALLATION
8.
Nothing in this By-law prevents Council from requiring, as a condition of an
agreement under Section 51 or 53 of the Planning Act, that the owner, at his
or her own expense, shall install or pay for such local services, within the
Plan of Subdivision or within the area to which the plan relates, as Council
may require.
MULTIPLE CHARGES
9.
(1)
Where two or more of the actions described in subsection 7(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 By-law.
(2)
Notwithstanding subsection (1 ), if two or more of the actions described
in subsection 7(1) occur at different times, and if the subsequent action
has the effect of increasing the need for municipal services as set out in
Schedule "A" or Schedule "B", as applicable, an additional development
charge shall be calculated and collected in accordance with the
provisions of this By-law.
SERVICES IN LIEU
10.
(1)
Council may authorize an owner, through an agreement under Section
38 of the Act, to substitute such part of the Development charge
applicable to the owner's development as may be specified in the
agreement, by the provision at the sole expense of the owner, of
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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 against the Development charge
in accordance with the agreement provisions and the revisions of
Section 39 of the Act, equal to the reasonable cost to the owner of
providing the services in lieu. In no case shall the agreement provide for
a credit which exceeds the total Development charge payable by an
owner to the municipality in respect of the development to which the
agreement relates.
(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
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 charged to any
Development charge reserve fund.
RULES WITH RESPECT TO RE-DEVELOPMENT
11.
In the case of the demolition of all or part of a building or structure:
(1)
a credit shall be allowed, provided that the land had located thereon
structures legally occupied in a fashion consistent with its designed and
intended use at some point within the five years prior to the issuance
of the building permit, and the building permit has been issued for the
development or redevelopment within five (5) years from the date the
demolition permit has been issued;
(2)
if a development or redevelopment involves the demolition of and
replacement of a building or structure, a credit shall be allowed
equivalent to the number of dwelling units demolished multiplied by the
applicable residential Development charge in place at the time the
Development charge is payable; and
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(3)
if a development or redevelopment involves the demolition of and
replacement of a non-residential structure to which a Development
charge would apply if built new, a credit shall be allowed equivalent to
the gross floor area demolished multiplied by the applicable non-
residential Development charge in place at the time the Development
charge is payable.
12.
If a building or structure is physically moved, a redevelopment credit may
apply on the original property subject to the provisions described in Section
11. Development charges described in Schedule "B" would be payable on the
new property containing the building or structure.
13.
A credit can, in no case, exceed the amount of the Development charge that
would otherwise be payable, and no credit is available if the existing land use
is exempt under this By-law.
TIMING OF CALCULATION AND PAYMENT
14.
(1)
Development charges shall be calculated and payable in full in money
or by provision of services as may be agreed upon, or by credit granted
under the Act, on the date that the first building permit is issued in
related to a building or structure on land to which a Development
charge applies.
(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.
(3)
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.
(4)
Where any unpaid development charges are collected as taxes under
subsection (3), the monies so collected shall be credited to the
Development charge reserve funds referred to in Section 15.
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(5)
Notwithstanding sections 2(3) and 14(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 as
provided in the Town's Council approved development charge interest
policy, as may be revised from time to time.
(6)
Notwithstanding sections 2(3) and 14(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 as provided in the
Town's Council approved development charge interest policy, as may
be revised from time to time.
(7)
Where the development of land results from the approval of a site plan
or zoning by-law amendment received on or after January 1, 2020 and
the approval of the application occurred within two years of building
permit issuance, the development charges under Section 2 shall be
calculated on the rates set out in Schedule "B" on the date of the
planning
application,
including
interest.
Where
both
planning
applications apply development charges under Section 2 shall be
calculated on the rates, including interest as provided in the Town's
Council approved development charge interest policy, as may be
revised from time to time, payable on the anniversary date each year
thereafter, set out in Schedule "B" on the date of the later planning
application, including interest.
(8)
ln accordance with Section 27 of the Act, Council from time to time, 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.
RESERVE FUNDS
15.
(1)
Monies received from payment of development charges under this By-
law shall be maintained in separate reserve funds as per the services
set out in Schedule "A".
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(2)
Monies received for the payment of development charges shall be used
only in accordance with the provisions of Section 35 of the Act.
(3)
Council directs the Treasurer of the Municipality to divide the reserve
funds created hereunto into separate subaccounts in accordance with
the service sub-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.
(4)
The Treasurer of the Municipality shall, in each year commencing in
2021 for the 2020 year, furnish to Council a statement in respect of the
reserve funds established hereunder for the prior year, containing the
information set out in Section 12 of O.Reg.82198.
BY-LAW AMENDMENT OR APPEAL
16.
( 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
resolution of 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.
(2)
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 Bank of Canada interest rate in effect on the date of
enactment of this By-law shall be used.
(3)
Refunds that are required to be paid under subsection (1) shall include
the interest owed under this Section.
18
FRONT ENDING AGREEMENTS
17.
Council may, from time to time and at any time, enter into a Front Ending
Agreement as authorized by Section 44 of the Act.
(1)
"benefitting 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.
AGREEMENTS REGARDING PAYMENT OF DEVELOPMENT CHARGES
18.
(1)
Nothing in this By-law prevents Council from entering into an agreement
with an Owner providing for the payment of a Development charge
before the date otherwise required for payment hereunder.
(2)
Where an Owner has entered into an agreement under this Section, the
Owner shall only be required to pay the Development charge in effect
on the date it is payable under the agreement.
COMPLAINTS ABOUT DEVELOPMENT CHARGES
19.
(1)
An owner may complain in writing to the Council in respect of the
Development charge imposed by the municipality that,
(a)
the amount of the
Development charge
was incorrectly
determined;
(b)
whether a credit is available to be used against the
Development charge, or the amount of the credit or the service
with respect to which the credit was given, was incorrectly
determined; and
(c)
there was an error in the application of this By-law.
When Complaint to be Made
(2)
A complaint may not be made under Section 26 later than ninety (90)
days after the day the Development charge, or any part of it, is payable.
19
Particulars of Complaint
(3)
The complaint must be in writing, must state the complainant's name,
the address where notices can be given to the complainant and the
reasons for the complaint.
Hearing
(4)
The Council shall hold a hearing into the complaint and shall give the
complainant an opportunity to make representations at the hearing.
Notice of Hearing
(5)
The Clerk of the Municipality shall mail a notice of the hearing to the
complainant at least fourteen (14) days before the hearing.
Determination by Council
(6)
After hearing the evidence and submissions of the complainant, the
Council shall as soon as practicable make a recommendation on the
merits of the complaint and Council may,
(a)
dismiss the complaint; or
(b)
rectify any incorrect determination or error that was the subject of
the complaint.
Notice of Decision
(7)
The Clerk of the Municipality shall mail to the complainant a notice of
the Council's decision, and of the last day for appealing the decision,
which shall be the day that is forty (40) days after the day the decision is
made. The notice required under this Section must be mailed not later
than twenty (20) days after the day the Council's decision is made.
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GRANTS-IN-UEU OF DEVELOPMENT CHARGES
20.
Council may by motion consider a grant-in-lieu out of general municipal funds
of all or a portion of the development charges where they are onerous given
the nature of the development proposed or as an economic development
incentive.
BY-LAW INDEXING
21.
The development charges set out in Schedule "B" of this By-law may be
adjusted annually as of the date the by-law comes into force, without
amendment to this By-law, in accordance with the most recent twelve-month
change in
the Statistics Canada Quarterly,
"Non-residential
Building
Construction Price Index for Toronto".
SEVERABILITY
22.
In the event any provision, or part thereof, of this By-law is found by a court of
competent jurisdiction to be ultra vires, such provision, or part thereof, shall be
deemed to be severed, and the remaining portion of such provision and all
other provisions of this By-law shall remain in full force and effect.
HEADINGS FOR REFERENCE ONLY
23.
The headings inserted in this By-law are for convenience of reference only
and shall not affect the construction of interpretation of this By-law.
BY-LAW REGISTRATION
24.
A certified copy of this By-law may be registered on title to any land to which
this By-law applies.
BY-LAW ADMINISTRATION
25.
This By-law shall be administered by the Municipal Council.
SCHEDULES TO THE BY-LAW
26.
The following Schedules form an integral part of this By-law:
Schedule "A" -
Schedule "B" -
DATE BY-LAW EFFECTIVE
Schedule of Municipal Services
Schedule of Development Charges
21
27.
This By-law shall come into force and effect on the day following the day of its
approval by Council.
28.
The previous Development Charges By-law "By-law Number 66 of 2016" is
hereby repealed.
SHORT TITLE
29.
This By-law may be cited as the "Plympton-Wyoming Development Charge By-
law."
TERM OF BY-LAW
30.
This By-law shall continue in force and effect for a term not to exceed five (5)
years from the date of its coming into force, unless it is repealed at an earlier
date by subsequent by-law.
All previous Development Charges By-laws of the Municipality are hereby repealed.
Read and passed by the Council this 8th day of September, 2021.
TOWN OF PLYMPTON-WYOMING
BY-LAW NUMBER 98 of 2021
SCHEDULE A
DESIGNATED MUNICIPAL SERVICES UNDER THIS BY-LAW
Municipal-Wide D.C. Eligible Services:
Fire Services
Parks and Recreation Services
Public Works - Fleet and Facilities
Administration - Studies
Roads
22
TOWN OF PLYMPTON-WYOMING
BY-LAW NUMBER 98 of 2021
SCHEDULE B
SCHEDULE OF DEVELOPMENT CHARGES
Single &
Multi-Units &
Semi
Townhouses
Detached
Unit
Fire
$918
$648
Parks and Recreation --r
$657
$464
Public Works - Fleet and
$1,390
$981
Facilities
Administration - Studies
-r-
$340
$240
Roads
$7,576
$5,349
Municipal Wide Total (per unit)
$10,881 .
$7,682
Apartment
$575
$411
$870
$213
$4,742
$6,811
Service Category
Non-Residential Charges (per sq.m)
Fire
Parks and Recreation -----l
Public Works- Fleet and Facilities
Administration - Studies
Roads
Municipal Wide Total (per sq. m)
--------
$0.16
$-
$0.24
$0.06
$1.22
$1.67
23
I