By-law 156-2021, amending City-wide Development Charges By-law 138-2020

St. Thomas, Ontario · No. 156-2021 · adopted 2021-10-12 · summary & facts

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THE CORPORATION OF THE CITY OF ST. THOMAS BY-LAW NUMBER _!°° - 2021 A by-law to amend By-law 138-2020, being a by-law to establish development charges for the Corporation of the City of St. Thomas. WHEREAS subsection 2(1) Section 19 of the Development Charges Act, 1997, S.O. 1997, C27 ("the Act") provides for amendments to be made to development charges by-laws; AND WHEREAS the Council of the Corporation of the City of St. Thomas ("City of St. Thomas") has determined that certain amendments should be made to the City-wide Development Charge By-law for the City of St. Thomas, being By-law 138-2020; AND WHEREAS, in accordance with the Act, a development charges background study has been completed in respect of the proposed amendment; AND WHEREAS the City of St. Thomas has given notice and held a public meeting in accordance with the Act; and AND WHEREAS the Council, at its meeting of October 12, 2021, approved a report dated August 10, 2021 entitled "Addendum to 2020 Development Charges Background Study, City of St. Thomas'. NOW THEREFORE THE COUNCIL OF THE CITY OF ST. THOMAS ENACTS AS FOLLOWS: DEFINTIONS 1. By-law 138-2020 is hereby amended as follows: (1) Subsection (34) is added to Section 1. as follows: (34) "Non-profit housing" is defined as: (a) a corporation without share capital to which the Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing; (b) a corporation without share capital to which the Canada Not-for- profit Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing. (c) a non-profit housing co-operative that is in good standing under the Co-operative Corporations Act. O. Reg. 454/19, s. 3 (1). (2) Paragraph (h) is added to Subsection 4.(2) as follows: (h) 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 is exempt from development charges imposed under the Development Charges Act, 1997 if the development in respect of which development charges would otherwise be payable is intended to be occupied and used by the university. (3) Subsection (4) is added to Section 5. as follows: (4) For the purposes of this Section, an existing dwelling unit is defined as: (a) A dweiling unit that existed on a parcel of land as of November 2, 2020 and which was not exempt from the payment of development charges pursuant to Section 2{3)(b) of the Act; or (b) The first dwelling unit, constructed on a vacant parcel of land after November 2, 2020, and for which development charges were paid. (4) Subsection 11.(3) is deleted and replaced with the following: (3) Notwithstanding Subsections 11.(1) and 11.(2), Development Charges for rental housing and institutional developments are due and payable in 6 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. For clarity in interpreting this subsection, rental housing is defined in subsection 1.(27) and institutional developments are defined in subsection 1.(18). (5) Subsection 17.(4) is deleted and replaced with the following: (4) Notwithstanding Subsection 11.(1) and 11.(2), Development Charges for non- profit housing developments are due and payable in 21 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 For ciarity in interpreting this subsection, non- profit housing is defined in subsection 1.(34). (6) Subsection 11.(5) is deleted and replaced with the following: (5) 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, and the approval of the application occurred within 2 years of building permit issuance, the Development Charges under Subsections 11.(1), 11.(2), 11.(3), and 11.(4) shall be calculated on the rates set out in Schedule "A" on the date of the planning application, including interest. Where both planning applications apply Development Charges under Subsections 11.{1), 11.(2), 11.3), and 11.(4) shall be calculated on the rates, including interest, set out in Schedule "B" on the date of the later planning application, including interest. Notwithstanding the foregoing, the total charge payable, including interest, calculated under this subsection, shall not be greater than the charge that would be payable at building permit issuance if this subsection did not apply. (7) Subsection 11.(6) is deleted and replaced with the following: (6) Interest for the purposes of Subsections 11.(3), 11.(4), and 41.(5), interest shall be determined as the prime lending rate. Notwithstanding the foregoing the interest rate shall not be less than 0%. (8) Schedule "B" is deleted and the attached Schedule "B" substitutes therefore; 2. This by-law shall come into force on the date of by-law passage Passed by the Council this 12" day of October, 2021. Original signed by "Joe Preston" Original signed by Mayor Maria Konefal, City Clerk SCHEDULE "B" TO BY-LAW 156 - 2021 SCHEDULE OF CITY-WIDE DEVELOPMENT CHARGES RESIDENTIAL NON-RESIDENTIAL oC lae Single and Semi- -- Apartments - ee TE Industrial (per Non-Industrial popiea' iets Detached prac < a *: Bachelor and 1 Other Muttipics Sarita sq.m. of Gross {per sq.m. of Dwolling th Bedroom hI LR Flaor Area) «Gross Floor Area) Municipal Wide Services/Clases: Roads and Related 7,674 4,810 3,061 6,157 3113 4461 6.53 Fire Sernices 555 449 273 445 225 2.55 5.04 Police Services 370 232 149 207 150 170 3.36 Transit Serices 15 85 5a 108 55 0.62 1.23 Parks and Recreation Services 2,490 1,461 936 1,669 545 - - Ubrary Senices 883 554 355 708 358 . - Growth Related Studies 93 58 av 75 38 043 0.85 Arrtadance Senices 130 81 52 104 53 0.60 1.18 Waste Diversion Serices 6 2 14 29 5 * : 'Total Municipal Wide ServicesiCissses | 2.208] 7,062] got] rez] sz | aostili TR 8 Urban Services Clly-Wide Wastewaler Senices 909 570 729 9 381 Clly- Wide Water Senices Ws 7 8 4 0.05 a) NT 1 =) CR <1 =) 1 GRAND TOTAL RURAL AREA 12,206 7,082 4,001 9,792 | 4,962 } 79,99 GRAND TOTAL URBAN AREA 43128 8,229 6,270 10,530 5,325 87,59