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BILL NO. 2020.17
THE CORPORATION OF THE TOWNSHIP OF RAMARA
BY-LAW NUMBER 2020.21
A BY-LAW TO ESTABLISH TOWNSH I P-WI DE DEVELOPM ENT CHARGES
WHEREAS subsection 2(1) ofthe Development Charges Act, 1997 provides thata council of
a municipality may pass By-laws for the imposition of development charges against land for
increased capital costs required because of the need for services arising from development;
AND WHEREAS the Council of the Corporation of the Township of Ramara has given
Notice in accordance with Section 1 2 of the Development Charges Act, 1997, of its intention to
pass a development charge by-law under the Act;
2
AND WHEREAS the Council of the Township of Ramara on March 23, 2020 approved the
Development Charge Background Study by Hemson Consulting Ltd. dated January 23, 2020,
in which certain recommendations were made related to the establishment of a development
charge policy for the Township pursuant to the Development Charges Act, 1997;
:
AND WHEREAS the Council of the Township of Ramara heard all persons who applied to
be heard concerning the development charge proposal and background study at a public
v,';
meeting held on February 10, 2020;
,
AND WHEREAS the Council of the Township of Ramara deems that no further public
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meetings were required;
AND WHEREAS the Council of the Township of Ramara 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 DCs, and has determined that for the
services and associated infrastructure proposed to be funded by DCs under this by-law it is fair
:
and reasonable that the charges be calculated on a municipal-wide uniform basis;
--: AND WHEREAS the Development Charges Background Study dated January 23, 2020
.
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.
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,
AND WHEREAS the Council of the Township of Ramara will give consideration to
incorporate the asset management plan outlined in the Development Charges Background
Study within the Township's ongoing practices and corporate asset management strategy.
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NOW THEREFORE the Township of Ramara enacts as follows:
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DEFINITIONS
1.1 lnthis by-law:
a)
'Act" shall mean the Development Charges Act, I 997 and any amendment
thereto.
b)
"Commercial" shall mean any land, building or structure used for the purpose of
buying and selling commodities or supplying services for profit or gain.
c)
"Council" shall mean the Council of the Corporation of the Township of Ramara.
d)
"Development" shall mean the construction, erection or places of the one or more
building or structures on land or the construction, erection or making of an
addition or alteration to a building or structure that increases the size or floor
area.
e)
"Development charge" shall mean a charge imposed on land with respect to this
by-law.
f)
"Dwelling Unit" shall mean any part of a building or structure or mobile home as
defined in Section 46 of the Planning Act used or intended to be used as living
quarters whether on a permanent or seasonal basis.
g)
"Floor area" shall mean the total of all floor area within the building or structure
measured between the outside surfaces of the exterior walls and shall include
floor area below grade. For the purpose of this by-law, floor area shall not include
the floor area used for equipment for the heating, cooling, ventilating, electrical,
or mechanical for the building.
h)
"Industrial" shall mean any land, building or structure used for manufacturing
processing, fabricating or assembly of raw materials or goods or warehousing or
bulk storage of goods and shall include any related accessory uses.
i)
"Institutional" shall mean any land, building or structure used by an organized
body, religious group or society for a not for profit and non commercial purpose
and includes such uses as schools, place of worship, community centre, nursing
home, home for the aged, library and government building, but shall not include
any residential use or group home.
j)
"Non-residential" shall mean any commercial, industrial or institutional use.
k)
"Re-development" shall have the same meaning as development.
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I)
"Residential use" shall mean the lands, building 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 townhouse dwelling, an apartment dwelling, and the residential
portion of a mixed use building or structure;
2.
DESIGNATED MUNICIPAL SERVICES
2.1
The designated municipal services for which the development charge will be
collected are:
Non-Discounted Services with no mandatory reduction, to include:
1.
Fire Services;
2.
Services Related to a Highway:
a.
Public Works; and
b.
Road and Related Works
3.
APPLICABLE LANDS, BUILDINGS AND STRUCTURES
3.1
This by-law shall apply to all lands within the geographic limits of the Township.
3.2
This by-law shall not apply to land that is owned by and used for the purpose of:
a)
the Township or local board thereof;
b)
the County of Simcoe
c)
a Board of Education
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This by-law shall not apply to:
a)
the enlargement of an existing dwelling unit or the creation of additional
dwelling units in an existing residential building in accordance with the
Regulations;
b)
the enlargement of the gross floor area of an existing industrial building, as
per Section 4 of the Act;
c)
a non-residential building used or designated or intended for use in
connection with the production of crops, animal husbandry or other similar
uses normally associated with agriculture;
d)
an institutional building.
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e)
All non-residential development, as defined herein, for all lands within the
Township except those shown in Schedule "B" as attached to this by-law.
For greater certainty, these lands are designated as the ccRama Road
Economic Employment District".
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4
TRIGGERS FOR THE CHARGE
4.1
Development charges shall be imposed on land to be developed or re-developed
for residential and non residential use only 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 of the
Planning Act;
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;
g) the issuing of a permit under the Building Code Act, in relation to a building or
structure.
5
SCHEDULE OF DEVELOPMENT CHARGES
5. 1
Subject to the provision of this by-law, development charges against land shall be
imposed and collected in accordance with the rates set out in Schedule "A" to this
by-law.
6.
LOCAL SERVICE INSTALLATION
6.1
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 an owner, at his or
her own expense, shall install or pay for such local services, as Council may
require in accordance with Section 59 of the Act.
7.
MULTIPLE CHARGES
7. 1
Where two or more of the actions described in subsection 4. 1 are required before
land to which a development charge applies can be development, only one
development charge shall be calculated and collected in accordance with the
provision of this by-law;
7.2
Notwithstanding subsection 71, iftwo or more ofthe actions described in
subsection 5(1) occur at different times, and if the subsequent action had the
effect of increasing the need for municipal services, an additional development
charge on the additional residential dwelling units and non-residential floor area,
shall be calculated and collected in accordance with the provision of the by-law.
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8.
SERVICES IN LIEU
8.1
Council may by agreement with an owner of land, substitute services in lieu for all
or part of the development charge applicable to the owner's land as may be
specified in the agreement. Such agreement shall specify that where the owner
provides services in lieu in accordance with the agreement, Council shall give to
the owner a credit against of the development charge.
9.
DEVELOPMENT CHARGES CREDITS
9.1
In the case of the demolition or removal of all or part of a building or structure, a
credit for the number of residential dwelling units or non-residential floor area will
be recognized provided that a building permit has been issued for the
development or re-development within 3 years from the date of demolition permit
was issued. If no demolition permit was issued, no credit will be recognized.
9.2
Where an impost fee, lot levy or like charge was paid to the Township since the
passage of development charge by-laws under authority of the Development
Charges Act, 1989; namely:
By-law 9203 of the Township of Mara; and
By-law 92.02 of the Township of Rama;
or where a development charge has been paid to the Township since the
passage of development charge by-laws under the authority of the Development
Charges Act, I 989, namely:
By-law 92.03 of the Township of Mara; and
By-law 92.02 of the Township of Rama;
And any amendment thereto;
or where a development charge is paid to the Township under the authority of
this by-law and any amendment thereto;
a credit to the amount paid will be recognized toward the current development
charge so that the applicant shall top up the recognized credit to an amount equal
to the development charge at the time the building permit is issued.
10.
TIMING OF CALCULATION AND PAYMENT
10.1
Development charges shall be calculated and payable in accordance with
Section 26, Section 26. 1 and Section 26.2 of the Development Charges Act.
10.2
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 to the Treasurer of the Township.
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10.3
Notwithstanding Section 10.1, the development charge may be payable with
respect to an approval of a plan of subdivision under Section 51 or the Planning
Act immediately upon entering into an agreement and with respect to a consent
under Section 53 of the Planning Act, immediately upon entering into a consent
agreement and prior to final approval of the consent.
I 0.4
In accordance with Section 27 of the Development Charges Act, Council 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.
11.
INTEREST RATES
I I
. I
The municipality may charge interest on the installments required by Section
26. 1 (3) of the Development Charges Act from the date the development charge
would have been payable in accordance with Section 26 of the Development
Charges Act to the date the installment is paid.
11 .2
Where Section 26.2 (1)(a) or (b) of the Development Charges Act applies, the
municipality may charge interest on the development charge from the date of the
application referred to in the applicable clause to the date the development
charge is payable under Section 26.2(3) of the Development Charges Act.
I I .3
The municipality may determine, by Council resolution, interest rates in relation to
Sections 11.1 and 11.2.
12.
RESERVE FUNDS
I 2. 1
The municipality will establish a separate reserve fund for each of the services
set out in subsection 2.1 ofthis by-law
12.2
The Treasurer shall invest each reserve fund in accordance with Council policy
12.3
Council may borrow from the reserve funds and in accordance with the Act at the
Bank of Canada Rate in effect at the date of passage of this by-law updated
quarterly on the first business day of January, April, July and October of each
year.
12.4
The Treasurer shall submit an annual report on each reserve fund to Council by
March 31 of the year following and in accordance with the Act and Regulations
thereto.
13.
BY-LAW AMENDMENT OR APPEAL
13.1
Where this by-law or any development charge prescribed thereunder is amended
or repealed by order ofthe Ontario Municipal Board, the Municipal Treasurer
shall calculate forthwith the amount of any overpayment to be refunded plus
interest as a result of said amendment or repeal;
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13.2
Refunds that are required to be paid under subsection 12.1 shall be paid within
I 5 business days 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 interest rates shall be the Bank of Canada interest rate in effect on the
date of enactment of the by-law update on the first business day of every
January, April, July and October thereafter shall be used.
14.
BYLAW INDEXING
14.1
The development charges set out in Schedule "A" to this by-law shall be adjusted
annually on September 1
, without amendment to this by-law, in accordance with
the most recent twelve moth change in the Statistic Canada Quarterly
Construction Price Statistics.
15.
BY-LAWADMINISTRATION
15.1
This by-law shall be administered by the Municipal Treasurer.
16.
SEVERABILITY
16.1
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 the by-law shall remain in full force and effect.
17.
SCHEDULES TO THE BY-LAW
17.1
Schedule 'A" and Schedule "B" attached hereto shall be and form part ofthis by-
law.
18.
DATE BY-.LAW EFFECTIVE
18.1
This by-law shall come into force and effect on March 23rd 2020.
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED
THIS 23rd DAY OF MARCH 2020.
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CATHY WAINMAN, DEPUTY CLERK
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SCHEDULE "A" TO BY.LAW 2020.21
Schedule of Non-Discounted Township-Wide Development Charges
Charge Per Unit Type
Non-Residential
Singles!
Rows/Other
Apartments
Charge
SERVICE
Semis
Multiples
($/sq.m.)
Fire Protection
$1,047
$862
$819
$663
Services Related to a Highway
PublicWorks
$1,028
$846
$804
$6.50
Roads And Related
$3,532
$2,907
$2,761
$22.33
Subtotal Services Related to a Highway
$4,560
$3,753
$3,565
$28.83
TOTAL CHARGE PER UNIT
$5,607
$4,615
.
$4,384
$35.46
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SCHEDULE "B" TO BY-LAW 2020.21
Rama Road Economic Employment District
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