This is the exact embedded text of the captured official document.
Snapshot 5938e320b246 · verified 2026-10-19 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
PAGE F-1
Township of South-West Oxford
By-Law No. 49-2024
A By-law to Establish Township-Wide Development Charges for the Township of
South-West Oxford
WHEREAS subsection 2 (1) of the Development Charges Act, 1997, S.O. 1997, c.27
(hereinafter called "the Act") provides that the council of a municipality may by by-law
impose development charges against land to pay for increased capital costs required
because of increased needs for Services arising from the Development of the area to
which the by-law applies;
AND WHEREAS Council has before it a report entitled "Development Charges
Background Study" (the "Study"), the Township of South-West Oxford hereinafter
referred to as the "Township", dated April 4, 2024 by Watson & Associates Economists
Ltd., as amended, wherein it is indicated that the Development of any land within the
Township will increase the need for Services as defined herein;
AND WHEREAS Council gave notice to the public and held a public meeting pursuant
to section 12 of the Act on June 4, 2024 prior to and at which the Study and the
proposed Development Charge by-law were made available to the public in accordance
with the Act and regulations thereto and Council heard comments and representations
from all persons who applied to be heard (the "Public Meeting");
AND WHEREAS Council intends to ensure that the increase in the need for Services
attributable to the anticipated development, including any capital costs, will be met, by
updating its capital budget and forecast where appropriate;
AND WHEREAS by approval of the Study, dated April 4, 2024, Council has indicated its
intent that the future excess capacity identified in the Study, shall be paid for by the
development charges or other similar charges.
NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF SOUTH-WEST OXFORD
ENACTS AS FOLLOWS:
1. DEFINITIONS
In this by-law,
(1)
"Act" means the Development Charges Act, 1997, c. 27, as amended;
(2)
"Affordable housing" means dwelling units and incidental facilities, primarily
for persons of low and moderate income, that meet the requirements of any
program for such purpose as administered by any agency of the Federal or
Provincial government, the County of Oxford and/or the Area Municipality and
PAGE F-2
for which an agreement has been entered into with the County of Oxford with
respect to the provision of such dwelling units and facilities;
(3)
"Apartment Dwelling" means any dwelling unit within a building containing
more than four dwelling units where the units are connected by an interior
corridor. Notwithstanding the foregoing, an Apartment Dwelling includes a
Stacked Townhouse Dwelling;
(4)
"Area Municipality" means a lower-tier municipality that forms part of the
County of Oxford;
(5)
"Back-to-back Townhouse Dwelling" means a building containing four (4) or
more Dwelling Units separated vertically by a common wall, including a rear
common wall, that does not have a rear yard with amenity area;
(6)
"Bedroom" means a habitable room larger than seven square metres,
including a den, study, or other similar area, but does not include a living room,
dining room or kitchen;
(7)
"Board of Education" means a board defined in subsection 1 (1) of the
Education Act, R.S.O. 1990, c. E,2, as amended;
(8)
"Building Code Act" means the Building Code Act, R.S.O. 1992, S.O. 1992,
c. 23, as amended;
(9)
"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;
(10) "Bunk House" means a building accessory to a permitted agricultural use
containing kitchen and bathroom facilities and sleeping accommodation in
individual or combination rooms for seasonal workers directly employed by the
permitted use. For clarity, a Bunk House is not a residential use;
PAGE F-3
(11) "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, lease, construct or improve facilities including (but not
limited to),
(i)
furniture and equipment, other than computer equipment; and
(ii)
material acquired for circulation, reference or information
purposes by a library board within the meaning of the Public
Libraries Act;
(iii)
rolling stock with an estimated useful life of seven years or
more;
(e)
interest on money borrowed to pay for costs in (a) to (d);
(f)
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 provision of Services designated in this by-law within or outside
the Township;
(12) "Council" means the Council of the Township of South-West Oxford;
(13) "Development" means any activity or proposed activity in respect of land that
requires one or more of the actions referred to in section 5 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;
(14) "Development Charge" means a charge imposed pursuant to this by-law;
(15) "Dwelling" or "Dwelling Unit" means any part of a building or structure with a
room or suite of rooms used, or designed or intended for use, by one person
or persons living together, in which sanitary facilities and a separate kitchen
may or may not be provided for the exclusive use of such person or persons;
PAGE F-4
(16) "Farm Building" means a Building or structure associated with and located on
land devoted to the practice of farming, as defined by the Farming and Food
Production Protection Act, 1998, and that is used essentially for the housing of
farm equipment or livestock, or the production, storage or processing 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, but excludes:
(a)
Bunk House 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, but not limited to: retail sales;
commercial services; restaurants; banquet facilities; hospitality and
accommodation facilities; gift shops; contractors shops; services
related to grooming, boarding, or breeding of household pets; and
alcohol or marijuana production facilities;
(17) "Grade" means the average level of finished ground adjoining a building or
structure at all exterior walls;
(18) "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;
(19) "Industrial Building" means a building used for or in connection with,
(a)
manufacturing, producing, processing, storing or distributing
something;
(b)
research or development in connection with manufacturing, producing
or processing something;
(c)
retail sales by a manufacturer, producer or processor of something
they manufactured, produced or processed, if the retail sales are at
the site where the manufacturing, production, or processing takes
place;
(d)
office or administrative purposes, if they are;
(i)
carried out with respect to manufacturing, producing,
processing, storage or distributing of something, and
(ii)
in or attached to the Building or structure used for that
manufacturing, producing, processing, storage or distribution;
and shall not include self-storage facilities or retail warehouses;
PAGE F-5
(20) "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
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
the institutions:
(i)
a university in Ontario that receives direct, regular and ongoing
operating funding from the Government of Ontario
(ii)
A college or university federated or affiliated with a university
described in subclause 1.19.3.2; or
(iii)
An Indigenous Institute prescribed for the purposes of section 6
of the Indigenous Institutes 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;
(21) "Local Board" means a municipal service board, public utility commission,
public library board, board of health, police services board 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, including school purposes, of the Township or any part or
parts thereof, excluding a conservation authority, any municipal business
corporation not deemed to be a local board under O. Reg. 168/03 under the
Municipal Act, 2001, S.O. 2001, c. 25, as amended, and any corporation
enacted under the Electricity Act, 1998, S.O. 1998, c. 15, Sched. A, as
amended, or successor legislation;
(22) "Local Services" means those services or facilities which are under the
jurisdiction of the Township 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.51 of the Planning Act, or as a condition of approval under s.53 of the
Planning Act;
(23) "Long-Term Care Home" means the floor area of a facility directly related to
beds that are licensed, regulated or funded by the Ministry of Health and Long-
Term Care, in an approved charitable home for the aged (as defined in the
Charitable Institutions Act, R.S.O. 1990, c. C.9), a home (as defined in the
PAGE F-6
Homes for the Aged and Rest Homes Act, R.S.O. 1990, c. H.13), or a nursing
home (as defined in the Nursing Homes Act, R.S.O. 1990, c. N.7);
(24) "Mezzanine" means an intermediate floor assembly between the floor and
ceiling of any room or storey and includes an interior balcony;
(25) "Multiple Dwelling" means all dwellings other than single detached dwellings,
semi-detached dwellings, and apartment dwellings, and shall include Park
Model Trailers;
(26) "Non-Profit Housing Development" means development of a building or
structure intended for use as residential premises by:
(a)
a corporation to which the Canada Not-for-profit Corporation 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 wo which the Canada Not-for-profit
Corporation Act, 2010 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, 2022;
(27) "Non-Residential Uses" means a building or structure, or portions thereof,
used, or designed or intended for a use other than a Residential Use;
(28) "Official Plan" means the Official Plan of the County of Oxford and any
amendments thereto;
(29) "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;
(30) "Park Model Trailer" means a trailer conforming to National Standard of
Canada CAN CSA-Z241.0-92, CAN CSA-Z240 or similar standard that is up to
a maximum size of 50 square metres and designed to facilitate relocation from
time to time;
(31) "Planning Act" means the Planning Act, 1990, R.S.O. 1990, c.P.13, as
amended;
(32) "Private School" means an academic education school to which all of the
following apply:
(a)
registered with the Province as a "private school" under section 16 of
the Education Act;
PAGE F-7
(b)
non-publicly funded;
(c)
operated on a not-for-profit basis;
(d)
operated by a non-share non-profit corporation, or an established or a
"religious organization" as defined by the Religious Organizations'
Land Act; and
(e)
offering elementary or secondary academic education;
(33) "Regulation" means any regulation made pursuant to the Act;
(34) "Rental Housing Development" means development of a building or
structure with four or more residential units all of which are intended for use as
rented residential premises;
(35) "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 Single Detached Dwelling, Semi-Detached
Dwelling, Multiple Dwelling, Apartment Dwelling, and the residential portion of
a mixed-use Building or structure;
(36) "Row Townhouse Dwelling" means a building vertically divided into three or
more Dwelling Units by common walls extending from the base of the
foundation to the roof. Each Dwelling Unit shall have separate entrance
directly to the outside;
(37) "Semi-Detached Dwelling" means a building divided vertically into two
Dwelling Units each of which has a separate entrance and access to grade;
(38) "Services" means services set out in Schedule "A" to this by-law;
(39) "Single Detached Dwelling" means a completely detached Building
containing only one Dwelling Unit;
(40) "Special Care/Special Need Dwelling" means a Building, or part of a
Building:
(a)
containing two or more Dwelling Units which units have a common
entrance from street level;
(b)
where the occupants have the right to use in common with other
occupants, halls, stairs, yards, common rooms and accessory
Buildings;
(c)
that is designed to accommodate persons with specific needs,
including but not limited to independent permanent living
arrangements; and
PAGE F-8
(d)
where support services, such as meal preparation, grocery shopping,
laundry, housekeeping, nursing, respite care and attendant services
are provided at any one or more various levels,
and includes, but is not limited to, retirement homes or lodges, charitable
dwellings, group homes (including correctional group homes) and hospices.
Special Care/Special Needs Dwellings will be charged the D.C. rate for
Bachelor and 1 Bedroom Apartment Units;
(41) "Stacked Townhouse Dwelling" means a building, other than a Row
Townhouse or Back to Back Townhouse, containing at least 3 Dwelling Units;
each Dwelling Unit separated from the other vertically and/or horizontally and
each Dwelling Unit having a separate entrance to grade;
(42) "Temporary Building or Structure" means a Building or structure constructed
or erected or placed on land for a continuous period not exceeding twelve
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
twelve months;
(43) "Temporary Dwelling Unit" means a dwelling unit, which is:
(a)
designed to be portable (e.g. mobile home);
(b)
clearly ancillary to, and fully detached from, an existing permanent
dwelling unit located on the same lot;
(c)
only permitted to be in place for a limited period of time; and
(d)
subject to an agreement with the Area Municipality specifying the
maximum period of time the dwelling unit is to be permitted and any
other matters that may be deemed necessary or appropriate by the
Area Municipality, such as installation, maintenance and removal
provisions, financial security requirements and restrictions on
occupancy;
(44) "Total Floor Area" means, the sum total of the total areas of all 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, atrium, or air supported
structure, and the space occupied by interior wall partitions;
PAGE F-9
(b)
excludes those areas used exclusively for parking garages or
structures; and
(c)
where a building or structure does not have any walls, the total floor
area of the building or structure shall be the total of the area of all
floors including the ground floor that are directly beneath the roof of
the building or structure;
(45) "Wind Turbine" means any wind energy conversion system with a nameplate
generating capacity greater than 300 kilowatts, that converts wind energy into
electricity for sale to an electrical utility or intermediary.
2. CALCULATION OF DEVELOPMENT CHARGES
(1)
Subject to the provisions of this by-law, the Development Charge against land
in the Township shall be imposed, calculated and collected in accordance with
the rates set out in Schedules "B1", "B2", "B3", and "B4" relating to the
Services set out in Schedule "A".
(2)
Council hereby determines that the Development of land, Buildings or
structures for Residential and Non-Residential uses will require the provision,
enlargement or expansion of the Services referenced in Schedule "A"; and
shall be calculated as follows:
(a)
In the case of Residential Development, or a Residential portion of a
mixed-use Development or redevelopment, the Development Charge
shall be the sum of the products of:
(i)
the number of Dwelling Units of each type, multiplied by,
(ii)
the corresponding total dollar amount for such Dwelling Unit as
set out in Schedules "B1", "B2", "B3", and "B4", further adjusted
by section 13; and
(b)
In the case of Non-Residential Development, or a Non-Residential
portion of a mixed-use Development or redevelopment, the
Development Charge shall be the sum of the products of
(i)
the Total Floor Area of Non-Residential Development or Non-
Residential portion of mixed-use Development multiplied by,
(ii)
the corresponding total dollar amount per square metre of Total
Floor Area, as set out in Schedules "B1", "B2", "B3", and "B4",
further adjusted by section 13;
(c)
In the case of Bunk Houses, the maximum number of beds as
determined by the Ministry of Health multiplied by the corresponding
PAGE F-10
charge per bed, to a maximum of six (6) beds, as set out in Schedules
"B1", "B2", "B3", and "B4", further adjusted by section 13.
(d)
In the case of Wind Turbines, the sum of the number of wind turbines
multiplied by the corresponding amount for each wind turbine as set
out in Schedules "B1", "B2", "B3", and "B4", further adjusted by section
13.
(3)
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.
3. APPLICABLE LANDS
(1)
Subject to the exceptions and exemptions described in the following
subsections, this by-law applies to all lands in the Township, 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, as amended.
(2)
This by-law shall not apply to land that is owned by and used for the purposes
of:
(a)
a Board of Education;
(b)
any municipality or Local Board thereof;
(c)
a Place of Worship exempt under s.3 of the Assessment Act, R.S.O.
1990, c. A31, as amended;
(d)
a Public Hospital under the Public Hospitals Act, R.S.O. 1990, c. P.40,
as amended;
(e)
land vested in or leased to a university that receives regular and
ongoing operating funds from the government for the purposes of
post-secondary education if the development in respect of which
development charges would otherwise be payable is intended to be
occupied and used by the university.
(3)
This by-law shall not apply to:
(a)
Farm Buildings as defined herein;
(b)
Private Schools as defined herein;
PAGE F-11
(c)
Temporary Buildings or structures as defined herein;
(d)
Affordable Housing as defined herein;
(e)
Temporary Dwelling Units as defined herein;
(f)
Long-Term Care home, as defined herein;
(g)
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. 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 gross floor area created that is greater than 50%
of the existing grows floor area.:
(i)
notwithstanding subsection 3 (3) (i), the exemption for an
existing industrial building shall be applied to a maximum of fifty
percent (50%) of the gross floor area before the first
enlargement for which an exemption from the payment of
development charges was granted pursuant to this by-law or its
predecessor.
(ii)
The total floor area of an existing industrial building is enlarged
where there is a bona fide increase in the size of the existing
industrial building, the enlarged area is attached to the existing
industrial building, there is a direct means of ingress and
egress from the existing industrial building to and from the
enlarged area for persons, goods and equipment and the
existing industrial building and the enlarged area are used for
or in connection with an industrial purpose as set out in
subsection 1(1) of the Regulation. Without limiting the
generality of the foregoing, the exemption in this section shall
not apply where the enlarged area 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 parking facility
(h)
Affordable residential units required pursuant to section 34 and 16(4)
of the Planning Act (Inclusionary Zoning);
(i)
Affordable and attainable residential units as follows:
(i)
As of the date on which section 4.1 of the Act is proclaimed into
force, affordable residential units that meet the criteria set out
PAGE F-12
in subsection 4.1 (2) or 4.1 (3) of the Act shall be exempt from
Development Charges.
(ii)
As of the date on which subsection 4.1 (4) of the Act is
proclaimed into force, attainable residential units that meet the
criteria set out in subsection 4.1 (4) of the Act shall be exempt
from Development Charges.
4. RULES WITH RESPECT TO EXEMPTIONS FOR INTENSIFICATION OF
EXISTING HOUSING
(1)
Notwithstanding section 3 above, no Development Charges shall be imposed
with respect to Developments or portions of Developments as follows:
(a)
The enlargement of 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
urban residential 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; or
(e)
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.
(f)
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;
PAGE F-13
(g)
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; or
(h)
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.
(2)
For the purposes of subsections 4 (1) (d) and 4 (1) (h), a residential unit in a
building or structure ancillary to a detached house, semi-detached house or
rowhouse must be clearly secondary and subordinate to the principal dwelling
on the lot and:
(a)
have gross floor area of no greater than 50% of the gross floor area of
the principal dwelling, to a maximum of 140 m2; and
(b)
shall be located a maximum distance of 30 m from the principal
dwelling.
5. TIMING OF CALCULATION FOR DEVELOPMENT CHARGES
(1)
Subject to subsection 5 (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 and 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, R.S.O. 1990, c.P.13;
(b)
the approval of a minor variance under section 45 of the Planning Act,
R.S.O. 1990, c.P.13;
(c)
conveyance of land to which a by-law passed under subsection 50 (7)
of the Planning Act, R. S.O. 1990, c.P.13 applies;
(d)
the approval of a plan of subdivision under section 51 of the Planning
Act, R.S.O. 1990, c.P.13;
(e)
a consent under section 53 of the Planning Act, R.S.O. 1990, c.P.13;
(f)
the approval of a description under section 9 of the Condominium Act,
S.O. 1998, c.9, as amended; or
PAGE F-14
(g)
the issuing of a permit under the Building Code Act, 1992, S.O. 1992,
c.23, as amended in relation to a Building or structure.
(2)
Subsection 5 (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, R.S.O. 1990, c.P.13;
(b)
Local Services installed or paid for by the owner as a condition of
approval under section 53 of the Planning Act, R.S.O. 1990 c.P.13.
(3)
A Development Charge shall be calculated and payable in full in money or by
provision of Services as may be agreed upon, or by credit granted pursuant to
the Act or this by-law, 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.
(4)
Where a Development Charge applies 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.
(5)
Notwithstanding subsection 5 (1), development charges for rental housing and
institutional developments are due and payable in 6 equal installments
commencing with the first installment payable on the date of occupancy, and
each subsequent installment, including interest, payable on the anniversary
date each year thereafter.
(6)
Notwithstanding subsections 5 (1) and 5 (3), where the development of land
results from the approval of a Site Plan or Zoning By-law Amendment
application received on or after January 1, 2020, and the approval of the
application occurred within the prescribed amount of time of building permit
issuance, the Development Charges under section 2 shall be calculated based
on the rates set out in Schedules "B1", "B2", "B3", and "B4" on the date of the
planning application. Where both planning applications apply, Development
Charges under section 2 shall be calculated on the rates set out in Schedules
"B1", "B2", "B3", and "B4" on the date of the later planning application.
(7)
Interest for the purposes of subsections 5 (5) and 5 (6) shall be calculated as
per the Township's development charge interest rate policy.
6. LOCAL SERVICE INSTALLATION
(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 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.
PAGE F-15
7. MULTIPLE CHARGES
(1)
Where two or more of the actions described in subsection 5 (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, as prescribed in section 5.
(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 a net increase in the number of Residential Dwelling Units and/or a
net increase in the amount of Non-Residential Gross Floor Area, additional
Development Charges shall be calculated and collected in accordance with the
provisions of this by-law.
8. SERVICES IN LIEU
(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 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
provisions 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 Township in respect of the Development to which the agreement relates.
(2)
In any agreement under subsection 8 (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 8 (2) shall not be charged to any
Development Charge reserve fund.
9. FRONT-ENDING AGREEMENTS
(1)
Council may authorize a front-ending agreement in accordance with the
provisions of Part III of the Act, upon such terms as Council may require, in
respect of the Development of land.
10. DEMOLITION AND CONVERSION CREDITS FOR REDEVELOPMENT OF LAND
(1)
If a Development involves the demolition of and replacement of all or part of a
building or structure, or the conversion from one principal use to another, a
credit shall be allowed, provided that the land was improved by occupied
structures, or structures capable of being occupied without structural
PAGE F-16
improvement, within the five years prior to the issuance of the building permit,
and the building permit has been issued for the development within five years
from the date the demolition permit has been issued; and;
(2)
Subject to subsection 10 (3), the credit shall be calculated:
(a)
in the case of the demolition or conversion of a Building, or a part of a
Building, used for a Residential purpose, by multiplying the number and
type of Dwelling Units demolished or converted by the relevant
Development Charge in effect under this by-law on the date when the
Development Charge with respect to the Redevelopment is payable
pursuant to this by-law; or
(b)
in the case of the demolition or conversion of a Building, or part of a
Building, used for a Non-Residential purpose, by multiplying the Non-
Residential Total Floor Area demolished or converted, by the relevant
Development Charge in effect under this by-law on the date when the
Development Charge with respect to the Redevelopment is payable
pursuant to this by-law.
(3)
A credit can, in no case, exceed the amount of the development charge that
would otherwise be payable. No credit is available if the use for which the
demolished/converted buildings or structures was last lawfully occupied is
exempt under this by-law.
(4)
Notwithstanding subsection 10 (1) above, where the Building cannot be
demolished until the new Building has been erected, the Owner shall notify the
Township in writing and pay the applicable Development Charge for the new
Building in full and, if the existing Building is demolished not later than twelve
(12) months from the date a building permit is issued for the new Building, the
Township shall provide a refund calculated in accordance with this section to
the Owner without interest. If more than twelve (12) months is required to
demolish the existing Building, the Owner may make a written request to the
Township and the Township's Treasurer or designate, in his or her sole and
absolute discretion and upon such terms and conditions as he or she
considers necessary or appropriate, may extend the time in which the existing
Building must be demolished, and such decision shall be made prior to the
issuance of the first building permit for the new Building.
11. RESERVE FUNDS
(1)
Monies received from payment of Development Charges under this by-law
shall be maintained in a separate reserve fund for each Service category set
out in Schedule "A".
(2)
Monies received for the payment of Development Charges shall be used only
in accordance with the provisions of section 35 of the Act.
PAGE F-17
(3)
Council directs the Township Treasurer to divide the reserve fund created
hereunder into separate accounts in accordance with the Service categories
set out in Schedule "A" to which the Development Charge payments, together
interest earned thereon, shall be credited.
(4)
Where any Development Charge, or part thereof, remains unpaid after the due
date, the amount unpaid shall be added to the tax roll for the property on with
the Development occurred and shall be collected as taxes.
(5)
Where any unpaid Development Charges are collected as taxes under
subsection 13 (4), the monies so collected shall be credited to the
development charge reserve funds referred to in subsection 13 (1).
(6)
The Township Treasurer shall in each year commencing in 2025 for the 2024
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. 82/98.
12. BY-LAW AMENDMENT OR APPEAL
(1)
Where this by-law or any Development Charge prescribed thereunder is
amended or repealed either by order of the Ontario Land Tribunal (OLT) or by
resolution of Council, the Township 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 12 (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 12 (1) shall include the
interest owed under this section.
13. BY-LAW INDEXING
(1)
The Development Charges set out in Schedules "B1", "B2", "B3", and "B4" to
this by-law shall be adjusted annually as of June 13, without amendment to
this by-law, in accordance with the most recent twelve month change in the
Statistics Canada Quarterly, "Construction Price Statistics".
PAGE F-18
14. SEVERABILITY
(1)
In the event any provision, or part thereof, of this by-law is found by a court of
competent jurisdiction to be void, voidable, unenforceable or 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.
15. BY-LAW ADMINISTRATION
(1)
This by-law shall be administered by the Township Treasurer.
16. SCHEDULES TO THE BY-LAW
(1)
The following Schedules to this by-law form an integral part of this by-law:
Schedule A - Schedule of Municipal Services
Schedule B1 - Schedule of Development Charges - Services Related to a
Highway
Schedule B2 - Schedule of Development Charges - Fire Protection Services
Schedule B3 - Schedule of Development Charges - Parks and Recreation
Services
Schedule B4 - Schedule of Development Charges - Growth-Related Studies
(2)
Any or all Schedules may be amended, revised and/or replaced from time to
time during the term of the by-law as set out in accordance with the provisions
of the Development Charges Act, 1997, S.O. 1997, c.27 as may be amended
and/or replaced from time to time.
17. DATE BY-LAW EFFECTIVE
(1) This by-law shall come into force and effect on June 18, 2024.
18. EXISTING BY-LAW REPEAL
(1)
By-law 55-2019 as amended by By-law 25-2021 is repealed on the date this
by-law comes into effect.
19. SHORT TITLE
(1)
This by-law may be cited as the "2024 Township of South-West Oxford
Development Charge By-law".
PAGE F-19
READ a first and second time this 18th day of June, 2024.
READ a third time and finally passed in Open Council this 18th day of June, 2024.
_________________________________
MAYOR
_________________________________
CLERK
PAGE F-20
SCHEDULE "A"
TO BY-LAW NO. 52-2024
DESIGNATED MUNICIPAL SERVICES UNDER THIS BY-LAW
(1)
Services Related to a Highway
(2)
Fire Protection Services
(3)
Parks and Recreation Service
(4)
Growth-Related Studies
PAGE F-21
SCHEDULE "B1"
TO BY-LAW NO. 52-2024
SCHEDULE OF DEVELOPMENT CHARGES - SERVICES RELATED TO A HIGHWAY
Single and Semi-
Detached Dwelling Other Multiples Apartments - 2
Bedrooms +
Apartments -
Bachelor and 1
Bedroom
(per sq.m. of
Gross Floor
Area)
(per bed for
Farm Bunk
Houses)
(per Wind
Turbine)
Services Related to a Highway
3,040
1,808
1,448
919
10.47
830
3,040
Service
RESIDENTIAL
NON-RESIDENTIAL
PAGE F-22
SCHEDULE "B2"
TO BY-LAW NO. 52-2024
SCHEDULE OF DEVELOPMENT CHARGES - FIRE SERVICES
Single and Semi-
Detached Dwelling Other Multiples Apartments - 2
Bedrooms +
Apartments -
Bachelor and 1
Bedroom
(per sq.m. of
Gross Floor
Area)
(per bed for
Farm Bunk
Houses)
(per Wind
Turbine)
Fire Protection Services
1,579
940
753
478
4.62
431
1,579
Service
RESIDENTIAL
NON-RESIDENTIAL
PAGE F-23
SCHEDULE "B3"
TO BY-LAW NO. 52-2024
SCHEDULE OF DEVELOPMENT CHARGES - PARKS AND RECREATION SERVICES
Single and Semi-
Detached Dwelling Other Multiples Apartments - 2
Bedrooms +
Apartments -
Bachelor and 1
Bedroom
(per sq.m. of
Gross Floor
Area)
(per bed for
Farm Bunk
Houses)
(per Wind
Turbine)
Parks and Recreation Services
3,478
2,069
1,657
1,052
5.44
950
-
Service
RESIDENTIAL
NON-RESIDENTIAL
PAGE F-24
SCHEDULE "B4"
TO BY-LAW NO. 52-2024
SCHEDULE OF DEVELOPMENT CHARGES - GROWTH-RELATED STUDIES
Single and Semi-
Detached Dwelling Other Multiples Apartments - 2
Bedrooms +
Apartments -
Bachelor and 1
Bedroom
(per sq.m. of
Gross Floor
Area)
(per bed for
Farm Bunk
Houses)
(per Wind
Turbine)
Growth-Related Studies
161
96
77
49
0.41
44
161
Service
RESIDENTIAL
NON-RESIDENTIAL