By-law No. 35-2023 Development Charge - Services Related to a Highway

Prince Edward, Ontario · No. 35-2023 · adopted 2023-02-28 · summary & facts

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Motion 2023-168 THE CORPORATION OF THE COUNTY OF PRINCE EDWARD BY-LAW NO. 35-2023 A BY-LAW FOR THE IMPOSITION OF DEVELOPMENT CHARGE FOR SERVICES RELATED TO A HIGHWAY WHEREAS the County of Prince Edward willexperience growth through development and re--development; AND WHEREAS development and re--development requires the provision of physical and social services by the County of Prince Edward; AND WHEREAS Council desires to ensure that the capital cost of meeting growth--related demands for or burden on municipal services does not place an excessive financial burden on the County of Prince Edward or its existing ratepayers while at the same time ensuring new ratepayers contribute no more than the net capital cost attributable to providing the current level of municipal services; AND WHEREAS the Development Charges Act, 1997 (the "Act")provides that the council of a municipality may by by--lawimpose development charges against land to pay for increased capital costs required because of increased needs for services; AND WHEREAS a development charge background study has been completed in accordance with the Act; AND WHEREAS the Council of The Corporation of the County of Prince Edward has given notice of and held a public meeting on the 12th day of January, 2023 in accordance with the Act and the regulations thereto; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE COUNTY OF PRINCE EDWARD ENACTS AS FOLLOWS: 1. INTERPRETATION Motion 2023-168 "agricultural use" means a bona fide farming operation, including sod farm, the breeding and boarding of horses, and greenhouses; "apartment unit" means a building containing 4 or more dwelling units which have a common entrance from the street level, and the occupants of which have the right to use common elements, including units defined as Assisted Care Dwelling Units, Despite the foregoing, an apartment dwelling includes stacked townhouse dwellings; "assisted care dwelling unit" means a unit in a residential building not otherwise defined in this bylaw containing self--contained dwelling units which may include culinary facilities that are designed to accommodate persons with specific needs and where meals are provided within a common eating area; "bedroom" means a room which can be used as a sleeping quarters but does not include a kitchen, bathroom, living room or dining room, but does include a den or study; "board of education" has the same meaning as set out in the Education Act, R.S.O. 19990, Chap. E.2, as amended, or any successor thereof; "Building Code Act" means the Building Code Act, S.O. 1992, as amended, or any successor thereof; "capital cost" means costs incurred or proposed to be incurred by the municipality or a local board thereof directly or by others on behalf of and as authorized by the municipality or local board, (a) to acquire land or an interest in land, including a leasehold interest, (b) to improve land, (c) to acquire, lease, construct or improve buildings and structures, (d) to acquire, construct or improve facilities including, Motion 2023-168 (iii)rolling stock with an estimated useful life ofsevenyears orimore; and (iv)including interest on borrowing for those expendituresulnderlclauses (a) to (d) above that are grovvth--re|ated; "commercial" means any use of land, structures or buildings for the purposes of buying or selling commodities and services, but does not include industrial or agricultural uses, but does include hotels, motels, motor inns and boarding, lodging and rooming houses; "Council" means the Council of the County of Prince Edward; "County" means the area within the geographic limits of the County of Prince Edward; "development" means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that the effect of increasing the size of usability thereof, and includes redevelopment; "development charge" means a charge imposed with respect to this By--|aw; "dwelling unit" means one or more rooms used, designed or intended to be used as a residence and which has access to culinary and or sanitary facilities; "existing" means the number, use and size that existedvas of the date this by--|aw was passed; "gross floor area" means: (a) in the case of a residential building or structure, the total area of all floors above grade of a dwelling unit measured between the outside surfaces of exterior walls or between the outside surfaces of exterior walls and the centre line of party walls dividing the dwelling unit from any otherdwelling unit or other portion of a building; and Motion 2023-168 gross floor area shall be the total of the areas directly beneath any roof--|ike structure of the building, except for: (i) a room or enclosed area within the building or structure above or below that is used exclusively for the accommodation of heating, cooling, ventilating, electrical, mechanical or telecommunications equipment that service the building; (ii) loading facilities above or below grade; and (iii)a part of the building or structure below grade that is used for the parking of motor vehicles or for storage or other accessory use; "industrial" means lands, buildings or structures used or designed or intended for use for manufacturing, processing, fabricating or assembly of raw goods, warehousing or bulk storage of goods, and includes office uses and the sale of commodities to the general public where such uses are accessory to an industrial use but does not include the sale of commodities to the general public through a warehouse club. Industrial wind turbines and industrial solar farms are included as industrial developments; "institutional development" means development of a building or structure intended for use, (a) as a long--termcare home within the meaning of subsection 2(1) of the Long-Term Care Homes Act, 2007; (b) as a retirement home within the meaning of subsection 2(2) of the Retirement Homes Act, 2010; (c) by any. of the following post--secondary institutions for the objects of theinstitutions: (i) a university in Ontario that receives direct, regular and Motion 2023-168 branch of the Royal Canadian Legion; or (e) as a hospice to provide end of life care "Local Board" means a school board, public utility, commission, transportation commission, public library board, board of park management, local board of health, board of commissioners of police, planning board, or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes, including school purposes, of the municipality or any part or parts thereof; ''local services" means those services, facilities or things which are under the jurisdiction of the County of Prince Edward and are related to a plan of subdivision or within the area to which the plan relates in respect of the lands under Sections 41, 51 or 53 of the Planning Act, R.S.O. 19990, Chap. P.13, as amended, or any successor thereof; "multiple dwellings" means all dwellings other than sing|e--detached, semi- detached and apartment unit dwellings; "municipality" means the Corporation of the County of Prince Edward; "Non--profithousing 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, 2010 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- pro?t Corporations 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--operativethat in good under the Motion 2023-168 "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' - "Rate" means the interest rate established weekly by the Bank of Canada based on Treasury Bills having a term of 91 days; "regu|ation" means any regulation made pursuant to the Act; "rental housing" means development of a building or structure with four or more dwelling units all of which are intended for use as rented residential premises. "Residential Dwelling" means a permanent or non--permanent building, occupied or capable of being occupied as a home, residence or sleeping place by one or more persons, containing one or more Dwelling Units but not including motels, hotels, tents, truck campers, mobile camper trailers or boarding, lodging or rooming houses; "residential use" means the use of a building or structure or portion thereof for one or more Dwelling Units. This also includes a Dwelling Unit on land that is used for an Agricultural Use; "rowhouse dwelling" means a building containing three or more attached dwelling units in a single row, each of which dwelling units has an independent entrance from the outside -andis vertically separated from any abuttingdwelling unit; "semi--detacheddwelling" means a dwelling unit in a residential building consisting of two dwelling units having one vertical wall or one horizontal wall, but not other parts, attached or another dwelling unit where the residential unit are not connected by an interior corridor; "service" means a service designed in Schedule "A"to this By--|aw,and "services" shall have a corresponding meaning; Motion 2023-168 separated from the other vertically and/or horizontally and each dwelling unit having a separate entrance to grade; "temporary building or structure" means a building or structure constructed or erected or placed on land for a continuous period not exceeding eight months, or an addition or alteration to a building or structure that has the effect of increasing the total floor area thereof for a continuous period not exceeding eight months; and "Zoning By--Law"means the Zoning By--Lawof the County of Prince Edward or any successor thereof passed pursuant to Section 34 of the Planning Act, S.O. 1998. 2. DESIGNATION OF SERVICES 2.1 The category of service for which development charges are imposed under this By--|awis Services Related to a Highway. 3. APPLICATION OF BY-LAW RULES 3.1 Development charges shall be payable in the amounts set out in this By- law where: (3) the development of the lands requires any of the approvals set out in subsection 3.4(a). Area to Which By--|awApplies I 3.2 Subject to section 3.3, this by--lawapplies to all lands in the County of Prince 3.3. Edward whether or not the land or use thereof is exempt from taxation under s.13 or the Assessment Act. Notwithstanding clause 3.2 above, this by--lawshall not apply to lands that are owned by and/or used for the purposes of: (3) (b) (C) Motion 2023-168 Development charges shall be imposed on all lands, buildings or structures that are developed for residential or non--residentia| uses if the development requires: (i) the passing of a zoning by-law or of an amendment to a zoning by- law under section 34 of the Planning Act; (ii) the approval of a minor variance under section 45 of the Planning Act; (iii)a conveyance of land to which a by-law passed under subsection 50(7) of the Planning Act applies; (iv)the approval of a plan of subdivision under section 51 of the Planning Act; (v) a consent under section 53 of the Planning Act; (vi)the approval of a description under section 50 of the Condominium Act, R.S.O. 1990, Chap. C.26, as amended, or any successor thereof; or (vii) the issuing of a permit under the Building Code Act in relation to a building or structure. No morethan one development charge for services designated in subsection 2.1 shall be imposed upon any lands, buildings or structures to which this By--lawapplies even though two or more of the actions described in subsection 3.4(a) are required before the lands, buildings or structures can be developed. Despite subsection 3.4(b), iftwo or more of the actions described in subsection 3.4(a) occurat different times, additional development charges shall be imposed ifthe subsequent action has the effect or increasing the need for services. (b) (d) (6) Motion 2023-168 a second residential unit in an existing detached house, semi-- detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, ifall buildings and structures ancillary to the existing detached house, semi-- detached house or rowhouse cumulatively contain no morethan one residential unit.; a third residential unit in an existing detached house, semi--detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, if no building or structure ancillary to the existing detached house, semi--detached house or rowhouse contains any residential units; one residential unit in a building or structure ancillary to an existing detached house, semi--detached house or rowhouse on a parcel of urban residential land, ifthe existing detached house, semi--detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the existing detached house, semi--detached house or rowhouse contains any residential units; or in an existing rental residential building, which contains four or more residential units, the creation of the greater of one residential unit or one per cent of the existing residential units. 3.6 Notwithstanding the provisions of this By--|aw,development charges shall not be imposed with respect to the creation of additional dwelling units in proposed new residential buildings, including structures ancillaryto dwellings, subject to the following restrictions: ' (3) A second residential unit in a new detached house, semi--detached house or rowhouse on a parcel of land on which residential use, other than ancillary residential use, is permitted, ifall buildings and structures ancillary to the new detached house, semi--detached house Motion 2023-168 One residential unit in a building or structure ancillary to a new , detached house, semi--detached house or rowhouse on a parcel of urban residential land, ifthe new detached house, semi--detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the new detached house, semi- detached house or rowhouse contains any residential units. (0) Exemption for Industrial Development: 3.7 3.8 3.9 3.10 Notwithstanding any other provision of this by--law,no development charge is payable with respect to an enlargement of the gross floor area of an existing industrial building where the gross floor area is enlarged by 50 percent orless. Ifthe 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 othen/vise be payable multiplied by the fraction determinedras follows: determine the amount by which the enlargement exceeds 50 percent of the gross floor area before the enlargement; (a) divide the amount determined under subsection 1) by the amount of _ the enlargement (b) For the purpose of section 3.9 herein, "existing industrial building" is used as defined in the Regulation made pursuant to the Act. 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 . thefirst enlargement for which an exemption from the payment of development charges was granted pursuant to this by--|aw (b) (0) Motion 2023-168 The creation of residential units that are affordable housing units required to be included in a development or redevelopment pursuant to a by--lawpassed under section 34 of the Planning Act to give effect to the policies described in subsection 16 (4) of thatAct; and Non-profit housing development. Other Reductions 3.12 Notwithstanding any other provision of this by--law,development charges for rental housing development shall be reduced in accordance with the following: (3) (b) (C) A development charge for a residential unit intended for use as a rented residential premises with three or more bedrooms shall be reduced by25 per cent; A development charge for a residential unit intended for use as a rented residential premises with two bedrooms shall be reduced by 20 per cent; and A development charge for a residential unit intended for use as a rented residential premises not referred to in paragraph 1 or 2 shall be reduced by 15 per cent. 3.13 Notwithstanding any other provision of this by+law, development charges shall be reduced in accordance with the following: (3) (b) development charges imposed during the first year the by--lawis in force shall be reduced to 80 per cent of the maximum development charge that could othen/vise be imposed by the by--law. development charges imposed during the second year the by--lawis in force shall be reduced to 85 per cent ofthe maximum development charge that could othenNise be imposed by the by--law. Motion 2023-168 Amount of Charges Residential 3.14 The development charges set out in Schedule "A"shall be imposed on residential uses of lands, buildings or structures, including a dwelling unit accessory to a non--residential use and, in the case of a mixed-use building or structure, on the residential uses in the mixed-use building or structure, according to the type of residential unit, and calculated with respect to each of the services according to the type of residential use. Non--Residential 3.15 3.16 3.17 The development charges described in Schedule "A"to this by--lawshall be imposed on non--residential uses of lands, buildings or structures, and, in the case of a mixed-use building or structure, on the non--residential uses in the mixed-use building or structure, and calculated with respect to each of the services according to the total floor area of the non--residential use. Notwithstanding s.3.14 and s.3.15, the development charges described in Schedule A to this by--lawshall be imposed on industrial wind turbines, and calculated at the single--detached and semi--detached dwelling (greater than 2 bedroom) rate. Notwithstanding s.3.14 and s.3.15, the development charges described in Schedule A to this by--lawshall be imposed on industrial solar farms and calculated at the single--detached and semi--detached dwelling (greater than 2 bedroom) rate, for each 500 kW of industrial solar farm development. Park Model Trailers 3.18 Despite any other provision of this By--law: (3) Development charges for park model trailers are required to be paid in Motion 2023-168 (d) On receipt of evidence to the satisfaction of the County, which establishes that a park model trailer has been removed or demolished in accordance with section 3.18(c), the development charges paid in regard to that park model trailer may be refunded in full, but without interest if: (i) that applicant establishes to the satisfaction of the County that they are the current owner or lessee of the parcel of land on which the park model trailer was located; and (ii) a development charge was paid with respect to the park model trailer in accordance with section 3.18(a ) Reduction of Development Charges for Redevelopment 3.19 Despite any other provisions of this By--law,where, as a result of the redevelopment of land, a building or structure existing on the same land within 36 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 othen/vise 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 3.14 by the number, according to type, of dwelling units that have been or willbe 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--residentialuses in the mixed- use building or structure, an amount calculated by multiplying the Motion 2023-168 accordance with Section 3.19 where the redevelopment involves the demolition or conversion of a development that would be exempt from developmentcharges under this by--law. Time of Payment of Development Charges 3.21 3.22 3.23 3.24 3.25 Development charges imposed under this By--laware calculated, payable, and collected upon issuance of a building permit for the development. Despite Section 3.21, 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. Notwithstanding Sections 3.21 and 3.22, development charges for rental housing and institutional developments are due and payable in 6 instalments commencing with the first instalment payable on the date of occupancy, and each subsequent instalment, including interest, payable on the anniversary date each year thereafter. Where the development of land results from the approval of a Site Plan or Zoning By--lawAmendment 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 Section 3.14 and 3.15 shall be calculated on the rates set out in Schedule "A"on the da_teof the planning application, including interest. Where both planning applications apply, Development Charges under Sections 3.14and 3.15 shall be calculated on the rates, including interest, set out in Schedule "A"on the date of the later planning application. Interest for the purposes of Sections 3.23 and 3.24 shall be determined as the base rate plus 1% (a) The base rate shall be equal to the average prime rate on: Motion 2023-168 interest announced by each of the Royal Bank of Canada, The Bank of Nova Scotia, the Canadian imperial Bank of Commerce, the Bank of Montreal and The Toronto--DominionBank to be its prime or reference rate of interest in effect on that date for determining interest rates on Canadian dollar commercial loans by that bank in Canada. 4. PAYMENT BY SERVICES 4.1 Despite the payment required under subsections 3.14 and 3.15, Council may, by agreement, give a credit towards a development charge in exchange for work that relates to a service to which a development charge relates under this By--law. 5.|NDEX|NG 5.1 Development charges imposed pursuant to this By--lawshall be adjusted annually, without amendment to this By--law,on January 1st, in accordance with the prescribed index in the Act. 6.SCHEDULES 6.1 The following schedules shall form part of this By-law: Schedule "A" -- Residential and Non--Residentia| Development Charges 7.CONFL|CTS 7.1 Where the Countyand an owner or former owner have enteredinto an agreement with respect to land within the area to which this By--lawapplies, and a conflict exists between the provisions of this By--lawand such agreement, the provisions of the agreement shall prevail to the extent that there is a conflict. 7.2 Notwithstanding Section 7.1, where a development which is the subject of an agreement to which Section 7.1 applies, is subsequently the subject of one or more of the actions described in subsection 3.4(a), an additionaldevelopment Motion 2023-168 shall continue in full force and effect until repealed, re--enacted, amended or modified. 9. DATE BY-LAW IN FORCE 9.1 This By-law shall come into effect at 12:01 AM on March 1, 2023. 10. DATE BY-LAW EXPIRES 1 10.1 This By-law willexpire at 12:01 AM on February 28, 2032 unless it is repealed by Council at an earlier date. Read a First, Second and Third time and finally passed this 28"'day of February, 2023. Catalina Blumenberg, C Motion 2023-168 SCHEDULE "A" TO BY-LAW NO. 35-2023 SCHEDULE OF DEVELOPMENT CHARGES RESDENTIAL NON-RESDENTIAL Single and SeI1'i- Single and Semi- Industrial, $erViceJC|a8s of Service Detached Detached Apartments - 2 " ' I 5 '3 ' other Miltiples other Miltiples Wind & Solar Agricultural Com-netcial Dweling(>2 Dwell'ng(=<2 Bedrooms+ B";'°ed"r'$d' (>2 Bedrooms) (=<2 Bedrooms) Energy Facilities Buiidings a. Bedrooms) Bedrooms) Institutional Services Rotatedto a H TIE! 9.375 jEE§I--!E