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THE CORPORATION OF THE TOWNSHIP OF PUSLINCH
BY-LAW NUMBER 053-2024
Being a by-law to establish development
charges for the Corporation of the Township of
Puslinch
WHEREAS Section 2(1) of the Development Charges Act, 1997, S.O. 1997, c. 27
(hereinafter called the Act) enables the Council of a municipality to pass by-laws for the
imposition of development charges against land located in the municipality where the
development of the land would increase the need for municipal services as designated
in the by-law and the development requires one or more of the actions set out in
Subsection 2(2) of the Act;
AND WHEREAS notice of a public meeting was given pursuant to subsection 12(1) of
the Act, and in accordance with the regulations under the Act, on or before June 18,
2024, and copies of the Study and this proposed development charge by-law were
made available to the public on June 24, 2024, in accordance with subsection 12(1) of
the Act;
AND WHEREAS a public meeting was held on July 10, 2024, in accordance with the
Act to hear comments and representations from all persons who applied to be heard
(the "Public Meeting");
AND WHEREAS any person who attended the public meeting was afforded an
opportunity to make representations and the public generally were afforded an
opportunity to make written submissions relating to this proposed By-law;
AND WHEREAS the Council, in adopting the Township of Puslinch Development
Charges Background Study on September 3, 2024, directed that development
charges be imposed on land under development or redevelopment within the
geographical limits of the municipality as hereinafter provided.
NOW THEREFORE the Council enacts as follows:
1.
INTERPRETATION
1.1
In this by-law the following items shall have the corresponding meanings:
"Act" means the Development Charges Act, as amended, or any successor
thereof;
"accessory use" means where used to describe a use naturally and normally
incidental to, subordinate to or exclusively devoted to a principal use and located
on the same lot;
"affordable residential unit" means a residential dwelling unit that meets the
criteria set out in subsection 4.1 of the Act;
"agricultural use" means the use of land and buildings for the growing of crops,
including nursery, biomass, and horticultural crops; raising of livestock; raising of
other animals for food, fur or fibre, including: horses (including the accessory
training and/or riding of boarded horses); poultry and fish; aquaculture; apiaries;
agro-forestry; maple syrup production; and associated on-farm buildings and
structures and accessory uses, buildings, and structures, including an
accessory outdoor storage area;
"ancillary residential use" means a residential dwelling unit that would be
ancillary to a single detached dwelling, semi-detached dwelling, or row
dwelling;
"apartment unit" means any residential 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;
"attainable residential unit" means a residential unit that meets the criteria set
out in subsection 4.1 of the Act;
"back-to-back townhouse dwelling" means a building containing three or
more dwelling units separated vertically by a common wall, including a rear
common wall, that do not have rear yards;
"bedroom" means a habitable room larger than seven square metres, including
a den, study or other similar area, but does not include a bathroom, living room,
dining room or kitchen;
"benefiting Area" means all lands within the Township;
"board of education" has the same meaning as set out in the Education Act,
R.S.O. 1990, Chap. E.2, as amended, or any successor thereof;
"Building" means a permanent enclosed structure occupying an area greater
than ten square metres (10 m²) and, notwithstanding the generality of the
foregoing, includes, but is not limited to:
(a) An above-grade storage tank;
(b) An air-supported structure;
(c) An industrial tent;
(d) A roof-like structure over a gas-bar or service station; and
(e) An area attached to and ancillary to a retail development delineated by
one or more walls or part walls, a roof-like structure, or any one or more of
them.
"Building Code Act" means the Building Code Act, S.O. 1992, as amended, or
any successor thereof;
"canopy" means a canopy as defined O.Reg. 332/12 under the Building Code
Act, 1992, S.O. c. 23, and includes a roof-like structure over a gas bar or service
station;
"capital cost" means costs incurred or proposed to be incurred by the Township
or a local board thereof directly or by others on behalf of and as authorized by
the Township 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,
(i)
furniture and equipment other than computer equipment, and
(ii)
material acquired for circulation, reference or information purposes
by a library board as defined in the Public Libraries Act, R.S.O.
1990, Chap. P.44, as amended, or any successor thereof; and
(iii)
rolling stock with an estimated useful life of seven years or more,
and
(e) to undertake studies in connection with any matter under the Act and
any of the matters in clauses (a) to (d) above, including the
development charge background study
required for the provision of services designated in this by-law within or outside
the Township, including interest on borrowing for those expenditures under
clauses (a) to (e) above that are growth-related;
"commercial" means a building, structure, lot, use or activity pertaining to the
buying or selling of commodities or the supplying of services for remuneration,
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 Township;
"development" means the construction, erection or placing of one or more
buildings or structures on land or the making of an addition or alteration to a
building or structure that has the effect of increasing the size or usability thereof,
and includes redevelopment;
"development charge" means a charge imposed with respect to this by-law;
"dwelling unit" means any part of a building or structure used, designed or
intended to be used as a housekeeping unit, used, or capable of being used by
one or more persons, and containing cooking, living, sleeping and sanitary
facilities;
"existing" means the number, use and size that existed as of the date this by-
law was passed;
"existing industrial building" means a building or buildings with a valid
building permit existing on a site on the day this by-law is passed, or the first
building or buildings constructed on a vacant site pursuant to site plan
approval, under Section 41 of the Planning Act, subsequent to the passage of
this by-law for which full development charges were paid, that is used for or in
conjunction with:
(a)
the production, compounding, processing, packaging, crating, bottling,
packing or assembly of raw or semi-processed goods or materials in not
less than seventy five percent of the total gross floor area of the building
or buildings on a site ("manufacturing") or warehousing related to the
manufacturing use carried on in the building or buildings;
(b)
research or development activities in connection with manufacturing in not
less than seventy five percent of the total gross floor area of the building
or buildings on the site;
(c)
retail sales by a manufacturer, if retail sales are at the site where
manufacturing is carried out; such retail sales are restricted to goods
manufactured at the site, and the building or part of a building where
such retail sales are carried out does not constitute greater than twenty
five percent of the total gross floor area of the building or buildings on
the site; or
(d)
office or administration purposes if they are:
(i)
carried out as an accessory use to the manufacturing or
warehousing, and
(ii)
in or attached to the building or structure used for such
manufacturing or warehousing.
"farm building" means a building or structure associated with and located on
land devoted to the practice of farming and that is used essentially for the
housing of farm equipment or livestock or the growing, harvesting, or storage of
agricultural and horticultural produce or feeds and as part of or in connection with
a bona fide farming operation and includes barns, silos and other buildings or
structures ancillary to that farming operation, including greenhouses, but
excludes:
(a) a residential use, with the exception of a secondary modular dwelling for
seasonal farm workers required for that farm operation; and
(b) any building or portion thereof used or intended to be used for any other
non-residential use, including commercial and industrial, and an on-
farm diversified use.
"gross floor area" means: the sum total of the total areas of the floors in a
building or structure, whether at, above, or below grade, measured between the
exterior faces of the exterior walls of the building or structure or from the centre
line of a common wall separating two uses, or from the outside edge of a floor
where the outside edge of the floor does not meet an exterior or common wall,
and:
(a)
includes the floor area of a mezzanine and air -supported structure and
the space occupied by interior walls partitions; and
(b)
in the case of non-residential uses, excludes any parts of the building or
structure used for mechanical equipment related to the operation or
maintenance of the building or structure, stairwells, elevators,
washrooms, and the parking and loading of vehicles, and;
(c)
where a building does not have any walls, the gross floor area shall be
the sum total of the area of land directly beneath the roof of the building
and the total areas of the floors in the building or structure.
"home business" means an occupation conducted within a dwelling unit by
the resident or residents of the dwelling unit and which is an accessory use to
the dwelling unit.
"home industries" means a small-scale use providing a service that is
accessory to a dwelling unit or agricultural operation. A home industry may be
conducted in whole or in part in an accessory building and may include a
carpentry shop, a metal working shop, a welding shop, or minor equipment
repair shop, etc., but does not include any activity relating to the operation or
maintenance of a vehicle or any activity requiring the use of toxic chemicals.
"industrial" means lands, buildings or structures used or designed or intended
for use for the processing of goods and materials; the assembly of manufactured
goods; the manufacturing of goods; the repair and servicing of goods and similar
uses; including any permanent storage facilities or accessory equipment that is in
conjunction with the use 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 a motor vehicle service establishment, motor vehicle body shop, or
the sale of commodities to the general public through a warehouse club;
"institutional development" means development of a building or structure
intended for use:
(a)
as a long-term care home within the meaning of subsection 2 (1) of the
Fixing Long-Term Care Act, 2021, S.O. 2021, c. 39, Sched.1;
(b)
as a retirement home within the meaning of subsection 2 (1) of the
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 (i); 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.
"non-profit institutional use" means land, buildings, structures or any part
thereof used by any organization, group or association for promotion of religious,
charitable, educational, welfare purposes, and includes churches, places of
worship, private schools, nursery schools, daycares, or benevolent objectives
and any of the listed institutional uses must be not for profit or gain;
"live-work unit" means a building, or part of thereof, which contains, or is
intended to contain, both a dwelling unit and non-residential unit and which is
intended for both residential use and non-residential use concurrently, and
shares a common wall or floor with or without direct access between the
residential and non-residential uses;
"local board" means a local board as defined in section 1 of the Municipal Affairs
Act other than a board as defined in subsection 1 (1) of the Education Act.
"multiple dwellings" means all dwellings other than single-detached, semi-
detached and apartment unit dwellings;
"non-profit housing development" means development of a building or
structure intended for use as residential premises by:
(i)
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;
(ii)
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
(iii)
a non-profit housing co-operative that is in good standing under the
Co-operative Corporations Act.
"non-residential use" means a building or structure of any kind whatsoever
used, designed or intended to be used for other than a residential use;
"Official Plan" means the Official Plan adopted by the County of Wellington for
the Township, as amended and approved, or any future Official Plan adopted
by the Township or County of Wellington for the Township;
"on-farm diversified use" means a use, occurring entirely and exclusively within
a detached building that is secondary and subordinate to the active and
principle agricultural use occurring on a property. Such uses shall be integrated
within a farm cluster of buildings which must include a residential dwelling, and
may include, but not be limited to, uses that produce value added agricultural
products or provide a service that is supportive of regional agri-business, and
may include a Home Industry, but excludes a home business;
"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'
"regulation" 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 unit" means a 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 including modular homes but not
including motels, hotels, tents, truck campers, tourist trailers, 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;
"row 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 and is vertically separated from any abutting dwelling unit;
"semi-detached dwelling" 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 or class of service designed in Schedule "A" to this
by-law;
"services" shall have a corresponding meaning;
"single detached dwelling unit" means a residential building consisting of one
dwelling unit and not attached to another structure;
"Township" means the corporation of the Township of Puslinch and/or the land
within the geographic limits of the Township of Puslinch; and
"zoning by-law" means the Zoning By-Law of the Township of Puslinch or any
successor thereof passed pursuant to Section 34 of the Planning Act, S.O. 1998.
2.
DESIGNATION OF SERVICES AND CLASS OF SERVICES
2.1
The categories of services for which development charges are imposed under
this by-law are as follows:
(a) Services Related to a Highway;
(b) Fire Protection Services;
(c)
Parks and Recreation Services; and
(d) Provincial Offences Act, including By-law Enforcement.
2.2
The category of class of services for which development charges are imposed
under this by-law is as follows:
(a)
Growth-Related Studies.
2.3
The components of the services and class of services, designated in sections
2.1 and 2.2 are described in Schedule A.
3.
APPLICATION OF BY-LAW RULES
3.1
Development charges shall be payable in the amounts set out in this by-law
where:
(a) the lands are located in the area described in section 3.2; and
(b) the development of the lands requires any of the approvals set out in
subsection 3.4(a)
Area to Which by-law Applies
3.2
Subject to section 3.3, this by-law applies to all lands in the Township whether
or not the land or use thereof is exempt from taxation under s. 3 of the
Assessment Act.
3.3.
Notwithstanding clause 3.2 above, this by-law shall not apply to lands that are
owned by and used for the purposes of:
(a) the Township or a local board thereof;
(b) a board of education; or
(c)
the County of Wellington or any local board thereof;
Approvals for Development
3.4
(a) Development charges shall be imposed on all lands, buildings or
structures that are developed for residential or non-residential uses if the
development requires one or more of the following:
(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 building permit under the Building Code Act in
relation to a building or structure.
(b) No more than one development charge for each service and class of
services designated in subsection 2.1 and 2.2 shall be imposed upon any
lands, buildings or structures to which this By-law applies 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.
(c) Despite subsection 3.4(b), if two or more of the actions described in
subsection 3.4(a) occur at different times, additional development charges
shall be imposed if the subsequent action has the effect of increasing the need
for services.
Exemptions
3.5
Notwithstanding the provisions of this by-law, development charges shall not
be imposed with respect to:
(a) an enlargement to an existing dwelling unit;
(b) 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, if all buildings and structures
ancillary to the existing detached house, semi-detached house or
rowhouse cumulatively contain no more than one residential unit;
(c) 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;
(d) One residential unit in a building or structure ancillary to an existing
detached house, semi-detached house or rowhouse on a parcel of land, if
the 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;
(e) 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, if all buildings and structures ancillary to the
new detached house, semi-detached house or rowhouse cumulatively will
contain no more than one residential unit;
(f) A third 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, if no building or structure ancillary to the new
detached house, semi-detached house or rowhouse contains any residential
units;
(g) One residential unit in a building or structure ancillary to a new detached
house, semi-detached house or rowhouse on a parcel of land, if the 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; or
(h) In an existing rental residential building, which contains four or more
residential Dwelling Units, the creation of the greater of one residential
Dwelling Unit or one percent of the existing residential Dwelling Units.
3.6
Notwithstanding section 3.5, development charges shall be imposed if the
total gross floor area of the additional one or two units exceeds the gross
floor area of the existing dwelling unit.
3.7
Notwithstanding section 3.5, development charges shall be imposed if the
additional unit has a gross floor area greater than
(i)
in the case of a semi-detached dwelling or row dwelling, the gross
floor area of the existing dwelling unit; and
(ii)
in the case of any other residential building, the gross floor area of the
smallest dwelling unit contained in the residential building.
3.8
Exemption for Industrial Development:
3.8.1
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 or
less.
3.8.2
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:
1)
determine the amount by which the enlargement exceeds 50 percent of
the gross floor area before the enlargement;
2)
divide the amount determined under subsection 1) by the amount of the
enlargement
3.9
For the purpose of section 3.8 herein, "existing industrial building" is used as
defined in the regulation made pursuant to the Act.
3.10
Other Exemptions:
Notwithstanding the provision of this by-law, development charges shall not
be imposed with respect to:
(a) Temporary use permitted under a zoning by-law under Section 39 of the
Planning Act;
(b) Accessory use;
(c) A home business;
(d) A non-residential farm building used for an agricultural use;
(e) Non-profit institutional use;
(f) Land vested in or leased to a publicly assisted university where it is
intended to be occupied and used by the university that receives direct,
regular, and ongoing operating funds from the Government of Ontario for
the purposes of post-secondary education if the development is intended to
be occupied and used by the university;
(g) Non-profit housing development;
(h) Affordable inclusionary residential units;
(i) Affordable residential units; and
(j) Attainable residential units.
Amount of Charges
Residential
3.11
The development charges described in Schedule B to this by-law 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, and the residential portion of a live-work unit, according to the type
of residential unit, and calculated with respect to each of the services and
class of services according to the type of residential use.
Non-Residential
3.12
The development charges described in Schedule B to this by-law shall 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 the non-residential portion for a live-work
unit and calculated with respect to each of the services and class of services
according to the total floor area of the non-residential use.
Reduction of Development Charges for Redevelopment Including Conversions
3.13
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 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 3.11 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 3.12, 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.
3.14
Notwithstanding section 3.13, no credit shall be allowed where the demolished
or converted building or part thereof would have been exempt pursuant to this
or a previous development charges by-law.
Time of Payment of Development Charges
3.15
Development charges shall be calculated and payable in money or by
provision of service as may be agreed upon, or by credit granted under the
Act, on the date that the first building permit is issued in relation to a building
or structure on land to which the development charge applies.
3.16
Notwithstanding section 3.15, where a development is proceeding through
subdivision or consent, the Services Related to a Highway component of the
development charges, are calculated and payable immediately upon the
developing landowner entering into the subdivision agreement or consent
agreement.
3.17
Notwithstanding sections 3.15 and 3.16, development charges for rental
housing and institutional developments are due and payable in six
installments commencing with the first installment payable on the date of
occupancy, and each subsequent installment, including interest at the prescribe
rate as per the Act, payable on the anniversary date each year thereafter.
3.18
Notwithstanding subsections 3.15 through 3.17, where the development of land
results from the approval of a Site Plan or zoning by-law Amendment received
and approved between January 1, 2020, and June 5, 2024, and the approval of
the application occurred within 2 years of building permit issuance, the
development charges under Section 2 shall be calculated based on the rates
set out in Schedule "B" on the date of the planning application was made,
including interest at the prescribed rate. Where both planning applications
apply, development charges shall be calculated on the rates set out in
Schedule "B", on the date of the latter planning application, including interest at
the prescribed rate.
3.19
Notwithstanding subsections 3.15 through 3.17, 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, where the approval of the application occurred on
or after June 6, 2024, and the approval of the application occurred within 18
months of building permit issuance, the development charges under Section 2
shall be calculated based on the rates set out in Schedule "B" on the date of
the planning application, including interest at the prescribed rate. Where both
planning applications apply, development charges shall be calculated on the
rates set out in Schedule "B", on the date of the latter planning application,
including interest at the prescribed rate.
3.20
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, subject to sections 3.17, 3.18, and 3.19.
3.21
Despite sections 3.15, 3.16, 3.17, 3.18, and 3.19, 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.
3.22
Interest for the purposes of sections 3.17, 3.18, and 3.19 shall be determined
as the base rate plus 1 %, where:
(a)
The base rate shall be equal to the average prime rate on:
(i) October 15 of the previous year if the adjustment date is January 1;
(ii) January 15 of the same year if the adjustment date is April 1;
(iii) April 15 of the same year if the adjustment date is July 1; and
(iv) July 15 of the same year if the adjustment date is October 1.
(b)
The average prime rate, on a particular date means, the mean, rounded to
the nearest hundredth of a percentage point, of the annual rates of 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-Dominion Bank 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.
3.23
For the purposes of section 3.18 and 3.19, interest calculated under section
3.22 shall not apply where the calculated charges calculated under section 3.18
and 3.19 are the same as the charges that would be calculated under sections
3.15 or 3.16.
Discounts for Rental Housing:
3.24 The development charge payable for rental housing developments will be
reduced based on the number of bedrooms in each unit as follows:
(a)
Three or more bedrooms - 25% reduction;
(b)
Two bedrooms - 20% reduction; and
(c)
All other bedroom quantities - 15% reduction.
4.
PAYMENT BY SERVICES
4.1
Despite the payment required under sections 3.11 and 3.12, 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.
INDEXING
5.1
Development charges imposed pursuant to this by-law shall be adjusted
annually, without amendment to this by-law, on January 1st of each year, 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 - Designated Municipal Services and Class of Services under this
By-law
Schedule B - Schedule of Development Charges.
7.
CONFLICTS
7.1
Where the Township and an owner or former owner have entered into an
agreement with respect to land within the area to which this by-law applies, and
a conflict exists between the provisions of this by-law and 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 additional development
charge in respect of the development permitted by the action shall be
calculated, payable and collected in accordance with the provisions of this by-
law if the development has the effect of increasing the need for services,
unless such agreement provides otherwise.
8.
SEVERABILITY
8.1
If, for any reason, any provision of this by-law is held to be invalid, it is hereby
declared to be the intention of Council that all the remainder of this by-law 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 on September 3, 2024.
10.
DATE BY-LAW EXPIRES
10.1
This by-law will expire on September 3, 2034, unless repealed by Council at
an earlier date.
11.
EXISTING BY-LAW REPEALED
11.1
By-law 044/19 is hereby repealed as of the date and time of this by-law coming
into effect.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 3rd DAY
OF SEPTEMBER, 2024.
_____________________________________
James Seeley, Mayor
_____________________________________
Justine Brotherston, Clerk
SCHEDULE "A"
DESIGNATED MUNICIPAL SERVICES AND CLASS OF SERVICES UNDER THIS BY-
LAW
Township-Wide Services
Services Related to a Highway;
Fire Protection Services;
Parks and Recreation Services; and
Provincial Offences Act, including By-law Enforcement.
Township-Wide Class of Services
Growth-Related Studies
SCHEDULE "B"
SCHEDULE OF DEVELOPMENT CHARGES
RESIDENTIAL
NON-RESIDENTIAL
Township-Wide Services/Class of Services
Single and Semi-
Detached Dwelling
Other Multiples
Apartments - 2
Bedrooms +
Apartments -
Bachelor and 1
Bedroom
(per sq.ft. of Gross
Floor Area)
Services Related to a Highway
2,768
2,178
1,674
1,223
0.85
Fire Protection Services
1,657
1,304
1,002
732
0.52
Parks and Recreation Services
2,961
2,330
1,792
1,308
0.09
Provincial Offences Act including By-Law Enforcement
6
5
4
3
0.00
Growth-Related Studies
847
667
512
374
0.16
Total Township-Wide Services & Class of Services
$8,238
$6,484
$4,984
$3,640
$1.62