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BILL NO. 2024.42
THE CORPORATION OF THE TOWNSHIP OF RAMARA
BYLAW NO. 2024.53
A BYLAW TO ESTABLISH A SPECIFIC AREA
DEVELOPMENT CHARGE FOR THE CORPORATION
OF THE TOWNSHIP OF RAMARA BRECHIN/LAGOON
CITY MUNICIPAL SANITARY SEWER AND WATER
SERVICE AREA
WHEREAS subsection 2(1) of the Development Charges Act, 1997 provides that a
council of municipality may pass Bylaws 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 12 of the Development Charges Act, 1997,
of its intention to pass a development charge bylaw under the Act
AND WHEREAS the Council of the Township of Ramara on June 24, 2024
approved the Area Specific Development Charge Background Study dated April 25,
2024 in which certain recommendations were made relating 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 meeting held on May 27, 2024;
AND WHEREAS the Council of the Township of Ramara deemed that no further
public 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 development
charges", and has determined that for the services, and associated infrastructure
proposed to be funded by development charges under this by-law, that it is fair and
reasonable that the charges be calculated on an area-specific basis;
AND WHEREAS the Study dated April 25, 2024 contains 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
AND WHEREAS the Council of the Township of Ramara will give consideration to
incorporating the Asset Management Plan outlined in the Study within the Township
of Ramara's ongoing practices and Asset Management Plan.
NOW THEREFORE, the Council of the Corporation of the Township of Ramara
hereby enacts as follows:
1. DEFINITIONS
1.1 In this bylaw:
a) "Act" shall mean the Development Charges Act, 1997 and any
amendment thereto.
b) "Council" shall mean the Council of the Corporation of the
Township of Ramara.
Cc) "Development" shall mean the construction, erection or placing
of one or more buildings 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.
d) "Development charge" shall mean a charge imposed on land
with respect to this bylaw.
e) "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.
f) "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 bylaw, floor area shall not include the floor
area used for equipment for the heating, cooling, ventilating,
electrical or mechanical for the building.
g) "Industrial" shall mean any land, building or structure used for
manufacturing processing, fabricating or assembly of raw
materials or good or warehousing or bulk storage of goods and
shall include any related accessory uses.
h) "Institutional" shall mean an institutional use as defined in
O.Reg. 82/98, and any amendments thereof.
i) "Non-residential" shall mean any use that is not defined as a
residential use.
j) "Re-development" shall have the same meaning as
development.
k) "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:
a) Brechin/Lagoon City Municipal Sanitary Sewer Services
b) Brechin/Lagoon City Municipal Water Services
3. APPLICABLE LANDS, BUILDINGS AND STRUCTURES
3.1. This bylaw shall apply to only those lands described in Schedule "B" to
the bylaw.
3.2 This bylaw shall not apply to land that is owned by and used for the
purposes of:
a) the Township or local board thereof;
b) the County of Simcoe
Cc) a Board of Education
3.3. This bylaw shall not apply to:
a) the enlargement of an existing dwelling unit or the creation of
additional dwelling units in a new/existing residential building in
accordance with the Regulations;
b) other uses as defined by the Act and/or Regulations, in
accordance with any amendments thereof, as being exempt
from development charges;
b) the enlargement of the gross floor area of an existing industrial
building, in accordance with Section 4 of the Act and associated
Regulations, including any amendments;
Cc) 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) all non-residential development, as defined herein, for all lands
shown in Schedule "C" as attached to this by-law. For greater
certainty, these lands are designated as the "Ramara Industrial
Park".
4. TRIGGERS FOR THE CHARGE
4.1 Development charges shall be imposed on land to be developed or re-
developed from residential and non residential use only where the
development requires:
a) the passing of a zoning bylaw 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;
Cc) aconveyance of land to which a bylaw passed under subsection
50(7) of the Planning Act;
d) the approval of a plan subdivision under Section 50 of the
Planning Act;
e) aconsent under Section 53 of the Planning Act;
f) the approval of a description under Section 9 of the
Condominium Act;
g) the issuing of a permit under the Building Code Acct, in relation to
a building or structure.
5. SCHEDULE OF DEVELOPMENT CHARGES
5.1 Subject to the provisions of this bylaw, development charges against
land shall be imposed and collected in accordance with the rates set
out in Schedule "A" to this bylaw. Such charges are in addition to the
municipal wide development charges established under the authority of
the Act by a separate bylaw.
5.2 Notwithstanding Section 5.1 development charges against land for
industrial use, buildings and structures shall be imposed and collected
at 50% of the rates set out in Schedule "A" to this bylaw.
6. LOCAL SERVICE INSTALLATION
6.1 Nothing in this bylaw 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
Planning 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 provisions of this bylaw.
7.2 Notwithstanding subsection 7.1, if two or more of the actions described
in subsection 5(1) occur at different times, and if the subsequent action
has the effect of increasing the need for municipal services as set out
in Schedule "B", an additional development charge on the additional
residential dwelling units and on residential floor area, shall be
calculated and collected in accordance with the provision of this bylaw.
8. SERVICES IN LIEU
8.1 Council may be agreement with the owner of land, substitute services
in lieu for all or a 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 the owner a credit
against of the development charge.
9. DEVELOPMENT CHARGES CREDITS
9.1 Inthe case of the demolition of 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 the demolition permit was issued. If no demolition
permit was issued, no credit will be recognized.
9.2 Inthe case of a conversion of an existing structure, a credit will be
provided in the amount equal to the existing residential units or non-
residential floor area prior to the conversion.
9.3 Where a development charge has been paid to the Township since the
passage of development charge bylaws under the authority of the
Development Charges Act, 1997, 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.
9.4 Acredit can, in no case, exceed the amount of the development charge
that would otherwise be payable.
10. TIMING OF CALCULATION AND PAYMENT
10.1 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
relation to a building or structure on land to which a development
charge applies.
10.2 Not withstanding Section 10.1 of this By-law, the amount of
development charge will be determined in accordance with Section 26,
26.1 and 26.2 of the Act, and any amendments thereof, prior to
issuance of the building permit or revision to building permit;
10.3 Notwithstanding Section 10(1) and 10(2) of this By-law, development
charges for Rental Housing and Institutional Developments in
accordance with Section 26.1 of the Act and any amendment thereof,
are due inclusive of interest established from the date the development
charge would have been payable in accordance with Section 26 of the
Act, in 6 equal annual payments beginning on the date that is the
earlier of:
a) the date of the issuance of a permit under the Building Code Act,
1992 authorizing occupation of the building; and
b) the date the building is first occupied and continuing on the
following five anniversaries of that date.
10.4 Not withstanding Sections 10(1), 10(2) and 10(3) of this By-law, the
Township may enter into an agreement with any person in accordance
with Section 27 of the Act to pay a development charge providing for all
or part of the development charge to be paid before or after the time it
would otherwise be payable.
10.5 Despite the payments required under Section 10 of this By-law, Council
may, by agreement, give a credit towards a development charge in
exchange for work that relates to a service for which a development
charge is imposed under Schedule "A".
10.6 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.
11. RESERVE FUNDS
11.1 The municipality will establish the following reserve funds as it relates
to development charges:
a) --Brechin/Lagoon City Sewer Development Charge Reserve Fund
b) --Brechin/Lagoon City Water Development Charge Reserve Fund
11.2 The Treasurer shall invest each reserve in accordance with Council
policy.
11.3 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
bylaw updated quarterly on the first business day of January, April, July
and October of each year.
11.4 The Treasurer shall submit an annual report of each reserve fund to
Council for the year following and in accordance with the Act and
Regulations thereto.
12. BYLAW AMENDMENT OR APPEAL
12.1 Where this bylaw or any development charge prescribed thereunder is
amended or repealed by order of the Ontario Municipal Board, the
Municipal Treasurer shall calculate forthwith the amount of any over
payment to be refunded plus interest as a result of said amendment or
repeal:
13. BYLAW INDEXING
13.1 The development charges set out in Schedule "A" to this bylaw shall be
adjusted annually on September 1, without amendment to this bylaw, in
accordance with the most recent twelve month change in the Statistics
Canada Quarterly Construction Price Statistic.
14. BYLAW ADMINISTRATION
14.1 This bylaw shall be administered by the Municipal Treasurer.
15. SEVERABILITY
15.1 In the event any provision, or part thereof, of this bylaw 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 bylaw shall remain in full
force and effect.
16. SCHEDULES TO THE BYLAW
16.1 Schedule "A", Schedule "B" and Schedule "C" attached hereto shall be
and form part of this bylaw.
17. CORRECTIONS
17.1 The Clerk of the Township is authorized to effect any minor
modifications, corrections or omissions solely of an administrative,
numerical, grammatical, semantical or descriptive nature to this by-law
or its schedules after the passage of this by-law.
18. DATE BYLAW EFFECTIVE
18.1 This bylaw shall come into force and effect on June 24, 2024.
BYLAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED
THIS 24th DAY OF JUNE, 2024.
The Corporation of the
Township of Ramara
Original Signed By
BASIL CLARKE, MAYOR
Original Signed By
JENNIFER CONNOR, CLERK
Status: Passed
Schedule "B-1" to Bylaw 2024-XX
Brechin/ Lagoon City Water Service Area
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Schedule "B-2" to Bylaw 2024-24
Brechin/ Lagoon City Water Service Area
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Residential Charge By Unit Type Non-Residential
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BRECHIN/LAGOON CITY Single- Semi-Detached Charge Per
and Apartment Square Metre of
Detached
Townhouse Gross Floor Area
Sanitary Sewage Service $17,985 $14,622 $13,891 $107.52
Water Service $1,084 $882 $838 $6.12
Total Sewer and Water $19,069 $15,504 $14,729 $113.63
Schedule "C" to Bylaw 2024-XX
Brechin Industrial Park
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