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1
CORPORATION OF THE MUNICIPALITY OF STRATHROY-CARADOC
BY-LAW NO. 10-20
BEING A BYLAW TO ESTABLISH DEVELOPMENT CHARGES
WHEREAS the Development Charges Act, 1997, S.O. 1997, as may be
amended, (the Act) authorizes the Council of a municipality to enact a
by-law to impose development charges against land to pay for increased
capital costs required because of increased needs for services arising from
development of the area to which the by-law applies;
AND WHEREAS a development charges background study
dated
December 19th, 2019 has been completed by Hemson Consulting Ltd. in
support of the imposition of development charges;
AND
WHEREAS the Municipal Council of
the
Corporation of the
Municipality of Strathroy-Caradoc has given notice and held a public
meeting on the 20th day of January, 2020, prior to which the Study and the
proposed development charge by-law were made available to the public and
Council, heard comments and representations from all persons who applied
to be heard (the "Public Meeting");
AND WHEREAS Council has indicated that it intends to ensure that the
increase in the need for services attributable to the anticipated development
will be met;
AND
WHEREAS the Municipal Council of
the
Corporation of the
Municipality of Strathroy-Caradoc has determined that no further public
meetings are required;
AND WHEREAS Municipal Council of the Corporation of the Municipality by
passing this by- law adopts the capital program contained in the
background study subject to annual budget review;
AND WHEREAS Municipal Council of the Corporation of the Municipality
by adopting the capital program in the Study expresses its intent to
collect the identified committed excess capacity through future development
charges studies;
2
AND WHEREAS the Council of the Municipality of Strathroy-Caradoc 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,
that it is fair and reasonable that the charges be calculated on both a
municipal-wide and area-specific basis;
AND WHEREAS the Development Charges Background Study dated
December 19, 2019 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;
AND WHEREAS the Council of the Municipality of Strathroy-Caradoc will give
consideration to incorporate the asset management plan outlined in the
Development Charges Background Study within the Municipality's ongoing
practices and corporate asset management strategy;
NOW THEREFORE the Municipal Council of the Corporation of the
Municipality of Strathroy-Caradoc hereby enacts as follows:
PART 1
DEFINITIONS
"agricultural use" means a farming business as defined by the Farmland
Property Tax Program of the Farm Registration and Farm Organizations
Funding Act, 1993.
"apartment" means a dwelling consisting of more than 6 dwelling units
which may have a common entrance from the street level and the occupants
of which have the right to use, in common, halls and/or elevators and yards.
"claim" means a report of the cost of the provision of extra capacity
constructed to the specifications of the Chief Building Official together with a
certificate of final cost of a professional engineer retained by a developer or
subdivider which is submitted to and received by the Operations Department
or the Department of Environment Services.
"Chief Building Official" means the Chief Building Official appointed by the
Council of the Corporation of the Municipality of Strathroy-Caradoc and
shall include his/her designate in writing.
"Clerk" means the Clerk of The Corporation of the Municipality of Strathroy-
Caradoc.
3
"commercial use" means lands, buildings or structures or portions thereof
used or designed or intended to be used for a purpose which is classified as
a Group D, Group E, Group A or Group C (hotel and motel only) occupancy,
pursuant to the Ontario Building Code.
"Council" means the Council of The Corporation of the Municipality of
Strathroy-Caradoc.
"developer" means a person who, or company that, undertakes development
or redevelopment.
"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 changing the size or suitability
thereof, and includes all enlargements of existing development which creates
new dwelling units, expanded commercial, industrial or institutional units or
space, or has a corresponding meaning.
"development charge" means the charge imposed under this bylaw with
respect to growth related net capital costs.
"dwelling unit" means one or more habitable rooms occupied or capable of
being occupied by a person or household as an independent place of residence
in which kitchen and sanitary facilities are provided for the use of such person
or household, with a private entrance from outside the building or from a
common hallway or stairway inside the building in which the dwelling unit is
located.
"exemption" means that no development charges are payable;
"farm building" means that part of a bona fide farm operation encompassing
barns, silos and other ancillary development to an agricultural use, but
excluding a residential use;
"floor area" means the space on any storey of a building between exterior
walls and required firewalls, including the space occupied by interior walls
and partitions, but not including exits, vertical service spaces and their
enclosing assemblies;
"force majeure" means any act of God, any act of the Queen's enemies,
wars, blockades, insurrections, riots, civil disturbances, landslides, lightning,
earthquakes, storms, floods, washouts, fires, or explosions;
"front-ending agreement" means an agreement made under Section 44
of the Development Charges Act, 1997.
4
"grade" in reference to a dwelling unit means the average level of finished
ground adjoining a dwelling unit at all exterior walls;
"gross floor area" means,
(1)
in reference to a dwelling unit, the total area of all floors
above grade, of a dwelling unit, measured between the
outside surfaces of exterior walls or between the outside
surfaces of exterior walls and the centre line of party walls
dividing the dwelling unit from another dwelling unit or other
portion of a building; and
(2)
in reference to a building structure other than a dwelling unit,
(i)
except in the case of the enlargement of an existing
building or structure, the total floor area of a building or
structure derived by adding together the area contained
within the perimeter of the exterior of the building or
structure at each floor level including floors above and
below grade level; and
(ii)
in the case of the enlargement of an existing building or
structure, the total floor area of the building or structure
as enlarged derived in accordance with subclause (i)
less the total floor area of the existing building or
structure immediately before the enlargement derived in
accordance with subclause (i);
"industrial use" means lands, buildings or structures or portions thereof
used or designed or intended to be used for a purpose which is classified
as a Group F occupancy, pursuant to the Ontario Building Code.
"institutional use" means lands, buildings or structures or portions thereof
used or designed or intended to be used for a purpose which is classified
as a Group B or Group C (except hotel, motel, single family dwellings,
apartments and other multiple unit dwellings), pursuant to the Ontario
Building Code.
"lawfully existing"
means a building:
(1)
that is not prohibited by a by-law passed under Section 34 of
the Planning Act, or a predecessor of that section; or
(2)
that is a legal non-conforming use or legal non-complying
building or structure; or
5
(3)
that is allowed by a minor variance authorized under
Section 45 of the Planning Act, or a predecessor of that
section;
"Mount Brydges Service Area" means any area within the Municipality that
is serviced by the Mount Brydges Sanitary Sewer System and/or the Mount
Brydges Water Supply System as illustrated in Schedule 4 of this by-law.
"multiple unit dwelling" means a dwelling designed, intended or used for
occupancy by 2 or more households living independently of each other in
individual dwelling units but excludes any other dwellings as may be defined
herein.
"Municipality" means the Corporation of the Municipality of Strathroy-
Caradoc.
"nursing home or rest home or long term care facility" means a building or
structure designed, used or intended for use where accommodation is provided
for the sick, elderly or infirm and which provides long term health, social or
similar care for such persons and may include a retirement home, home for the
aged, nursing home, rest home and all such facilities operated under the Long
Term Care Act, the Charitable Institutions Act and the Homes for the Aged and
Rest Homes Act.
"rural area" means an area of municipality without municipal water and
sanitary sewer servicing.
"semi-detached dwelling" means a dwelling that is divided vertically into 2
dwelling units, each of which has an independent entrance either directly or
through a common vestibule.
"single detached dwelling" means a completely detached dwelling unit
designed, used or intended for occupancy by not more than one household.
"Strathroy Service Area" means any area within Municipality that is serviced
by the Strathroy sanitary sewer system and/or the Strathroy Water Supply
System as illustrated in Schedule 3 of this by-law.
"Treasurer" means the Treasurer of the Corporation of the Municipality of
Strathroy-Caradoc;
"Zoning By-law" means the Zoning by-law of the Corporation of the
Municipality of Strathroy- Caradoc and any amendments thereto;
6
PART II
ADMINISTRATION
Purpose of By-law
2.
The purpose of this by-law is to impose development charges within
the Municipality of Strathroy-Caradoc based on the recommendations,
policies and standards contained in the Municipality of Strathroy-
Caradoc Development Charges Background Study - December 19,
2019 prepared by Hemson Consulting Ltd.
Administration of By-law
3.
The administration of this by-law is assigned to the person appointed
by Council to act as the "Chief Building Official" under the Building
Code Act, 1992, S.O. 1992, S.O. 1992 c. 23 or their designate.
7
PART III
RULES
Area to Which By-law Applies
4.
This by-law applies to all lands within the corporate boundaries of
the Municipality of Strathroy-Caradoc.
Application of Bylaw
5.
Except as set out in this bylaw, all uses of land, buildings or
structures
are
subject
to
development
charges,
including
development on lots of record.
Exemptions from the Payment of Development Charges
6.
(1)
These rules provide for an exemption by user for all
development upon lands owned and occupied by:
(i)
the Corporation of the Municipality of Strathroy-Caradoc;
(ii)
the Corporation of the County of Middlesex; and
(iii)
a "board" (of Education) as defined in the Education Act.
(2)
these rules also provide for exemptions with respect to:
(i)
buildings which are exempt under the Development
Charges Act, 1997 or regulations made under the Act;
(3)
farm buildings as defined in this by-law are exempt from
paying development charges.
7.
(1)
The owner of any land in the Municipality who develops or
redevelops land or any building or structure thereon shall at the
time mentioned in Section 8 pay a development charge to the
Municipality calculated in accordance with the applicable rate or
rates in Schedule 2.
(2)
The services for which the development charge is imposed
shall be as set out in Schedule 1.
(3)
The following apply to determine if a development charge
is payable in any particular case:
(i)
is the development wholly exempt from the payment of
development charges; if so, no charge applies;
8
(ii)
if part of the development is exempt, what is the
portion of the development charge which is payable;
(iii)
does section 4 of the Development Charges Act, 1997,
dealing with the exemption for an enlargement of the
gross floor area of an existing industrial building, apply;
(iv)
how much gross floor area is being created;
(v)
how much gross floor area is being created which is not
within a dwelling unit;
(vi)
what development charge credits apply to reduce the
amount payable.
Time of Payment of Development Charge
8.
Development charges shall be calculated and payable in accordance
with Section 26, Section 26.1 and Section 26.2 of the Development
Charges Act.
9.
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.
10.
Notwithstanding Section 8, 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.
11.
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.
9
Interest Rates
12.
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.
13.
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.
14.
The Municipality may determine, by Council resolution, interest rates in
relation to Sections 12 and 13.
Demolition and Redevelopment Credits
15.
In the case of the demolition of all or part of a residential or non-
residential building or structure:
(1)
a credit shall be allowed, provided that the land was improved
by occupied structures within the five years prior to the
issuance of the building permit; and
(2)
if a development or redevelopment involves the demolition of
and replacement of a building or structure, or the conversion
from one principal use to another, a credit shall be allowed
equivalent to:
(i)
the number of dwelling units demolished/converted
multiplied by the applicable residential development
charge in place at the time the development charge is
payable, and/or
(ii)
the
gross
floor
area
of
the
building
demolished/converted multiplied by the current non-
residential development charge in place at the time the
development charge is payable.
16.
A credit can, in no case, exceed the amount of the development
charge that would otherwise be payable, and no credit is available
if the existing land use is exempt under this by-law.
10
Existing Industrial Uses Expansion Exemption
17.
Where the expansion of an existing industrial use or buildings is
proposed, the amount of development charges payable shall be zero
if the total expansion of gross floor area does not exceed 50% of the
floor area as it existed as of the effective date of this by-law. With the
following conditions:
(a) Where both the enlargement and existing industrial building are
constructed on lands owned by the same beneficial owner; and
(b) Shall only apply to the enlargement or enlargements of the existing
buildings to a maximum of fifty percent of the gross floor area of
the existing industrial buildings. This exemption shall only apply for
those buildings that existed for longer than five years prior to the
date that the application for a building permit for the enlargement
is received.
Demolition or Removal of Temporary Buildings
18.
(1)
Where a lawfully existing temporary building or structure is
demolished or removed in its entirety from the land on which it
is located within 24 months from the date of issuance of the
building permit for the construction, erection or placing of the
building or structure at such location, the owner of the building
or structure may submit a request to the Treasurer, for payment
from the Growth Reserve Funds of the amount paid at the
issuance of the building permit toward all of the development
charge payable under this by-law.
(2)
A request by an owner for a refund of a development
charges payment when approved shall be deemed to be a
claim eligible for payment as of the time the request was
received by the Treasurer for the purposes of this by-law.
Revocation or Cancellation of Building Permit
19.
Where, upon the application for a building permit or the issuance of a
building permit, an amount is paid toward all or part of the
development charge payable under this bylaw, only that amount is to
be refunded in the event that the application for the building permit is
abandoned or the building permit is revoked or surrendered.
11
PART IV
GROWTH RESERVE FUNDS
Reserve Funds
20.
(1)
Reserve funds known as the Growth Reserve Funds are
hereby established for new services included in this by-law
for which reserve funds currently do not exist. Separate
reserve funds will be maintained with respect to each of the
services identified on Schedule 1.
(2)
The Municipality shall be entitled to apply any money so
received to the works and services contemplated in the
background study or any other eligible growth-related cost as
approved by Council.
Composition of Reserve Fund
21.
(1)
Money deposited to a Growth Reserve Fund may include:
(i)
a development charge paid to the Municipality;
(ii)
interest earnings derived through the investment of
monies deposited in the Growth Reserve Fund as part
of the Municipality's cash management program;
(iii)
grants or refundable deposits of the Municipality.
Allocation of Charge to Reserve Fund
22.
Each development charge received by the Municipality shall be paid
to the Treasurer and credited to the Growth Reserve Funds.
Clause in Development and Subdivision Agreements
23.
The continued use of the clause set out in Schedule 5 to this bylaw in
agreements entered into by or for the benefit of the Municipality,
including agreements under Sections 41, 51, and 53 of the Planning
Act, R.S.O. 1990, is hereby approved and deviations from the form of
the clause not affecting its substance or calculated to mislead do not
invalidate it or the approval of its use.
12
Credit (Claims) for Construction Cost of Extra Capacity
24.
Where a developer or subdivider constructs road works, sanitary
sewage works, storm drainage works, water supply and distribution
works, with extra capacity to serve lands other that the developer's or
subdivider's, the cost of such construction shall be at the expense of
the developer or subdivider subject to the following:
(1)
the developer or subdivider may submit a claim to the
Municipality's Chief Building Official for payment from the
Growth Reserve Funds in respect of the extra capacity;
(2)
in the case of such works within the land of the developer or
subdivider, the total cost shall be shared proportionately after
the cost of local works has been deducted from the total cost;
(3)
in the case of such works outside the land of the developer or
subdivider, the total cost shall be shared proportionately after
providing for land served other than those of the developer or
subdivider;
(4)
where a credit has been determined by the Municipality's Chief
Building Official the credit may be allowed to the developer or
subdivider at the rates prevailing on the day the credit was
determined against the payment of the development charge at
the rates prevailing on the day the development charge is
payable under this by- law.
Processing of Claims
25.
A claim received by the Municipality which is eligible for approval for
payment shall be processed as soon as practicable on the following
basis:
(1)
the Municipality is to approve the amounts eligible for payment
from the Municipality's Growth Reserve Funds and such claim,
when so approved, is eligible for payment;
(2)
a claim eligible for payment is to be paid only in the order of
time in which it is received by the Municipality in relation to
every other claim which is eligible for payment and which is
unpaid;
(3)
where the balance in a Growth Reserve Fund at the time the
claim eligible for payment is equal to or in excess of that claim,
the claim is to be paid in full;
13
(4)
in the case of a claim eligible for payment of less than
$5,000.00, where the balance in the Growth Reserve Fund
at the time the claim eligible for payment is less than the
amount of that claim, payment is to be made only when
sufficient money has accumulated in the Growth Reserve Fund
to pay that claim in full;
(5)
in the case of a claim eligible for payment of $5,000.00 or more,
partial payments of not less that $5,000.00, except for the
final payment, are to be made when sufficient money has
accumulated in the particular Growth Reserve Fund to make
such partial payment;
(6)
the Treasurer is to determine the balance in each of the Growth
Reserve Funds as of the end of each month, and payment
or partial payment of claims eligible for payment in or before
the end of the month is to be made on the 15th day of the
following month or as soon as practicable thereafter.
PART V
COMPLAINTS
Grounds of Complaint
26.
An owner may complain in writing to the Clerk in respect of a
development charge imposed by the Municipality on the owner's
development that:
(1)
the amount of the development charge was incorrectly
determined;
(2)
whether a credit is available to be used against the
development charge, or the amount of the credit or the service
with respect to which the credit was given, was incorrectly
determined; or
(3)
there was an error in the application of the development charge
bylaw.
When Complaint to be Made
27.
An owner may not submit a complaint after ninety days following the
day the development charge or any part of it was paid.
14
Particulars of Complaint
28.
The complaint must be in writing, must state the complainant's name,
the address where notice can be given to the complainant and the
reasons for the complaint.
Hearing
29.
The Council shall hold a hearing into the complaint and shall give
the complainant an opportunity to make representations at the
hearing, and notice of the hearing shall be mailed by the Clerk to
the complainant not less than 14 days before the complaint is to be
considered.
Determination by Council
30.
After hearing the evidence and submissions of the complainant the
Council may:
(1)
confirm the development charge; or
(2)
amend the development charge to the extent that, in the
opinion of Council, a review of any or all the matters justifies
such an amendment.
Notice of Decision
31.
The Clerk shall, not later that fifteen days after the day a decision
is made by Council, give written notice of the decision by mail to the
complainant, and the notice shall specify the last day of filing an
appeal to the Ontario Municipal Board, which date shall be no earlier
than twenty days after the date the letter is mailed.
15
PART VI
MISCELLANEOUS
Grants and Deposits by Municipality
32.
The Municipality may make grants or deposits to the Growth Reserve
Funds on such terms and conditions as to repayment and otherwise
as the Municipality may consider expedient for any purpose that, in
the opinion of the Municipality is in the interest of the Fund or the
municipality.
Indexing
33.
Development charges imposed pursuant to this by-law may be
adjusted annually, without amendment to this by-law, commencing
on the first anniversary date of this by-law (March 2) and each
anniversary date thereafter, in accordance with the most recent
twelve month change in the Statistics Canada Quarterly "Construction
Price Statistics".
Express Statements
34.
(1) Exemptions are as set out in Section 6 of this by-law.
(2) The redevelopment of land is subject to the payment of
development charges in accordance with the rules set out in Part
III.
(3) In the Mount Brydges Service Area there may be other applicable
water related charges levied against development. Reference
should be made to Township of Caradoc resolution passed August
18, 1999 regarding a water connection charge.
16
Schedules to the By-law
The following schedules to this by-law form an integral part of this by-law:
Schedule 1 - Schedule of Municipal Services
Schedule 2 - Schedule of Development Charge Rates
Schedule 3 - Map of Strathroy Service Area
Schedule 4 - Map of Mount Brydges Service Area
Schedule 5 - Restrictions on Cost Sharing
Commencement
35.
This by-law shall come into force and effect on March 2, 2020.
READ A FIRST TIME THIS 18TH DAY OF FEBRURARY 2020.
READ A SECOND TIME THIS 18TH DAY OF FEBRURARY 2020.
READ A THIRD TIME AND FINALLY PASSED THIS 18TH DAY OF
FEBRURARY 2020.
_______________________
_______________________
Mayor
Clerk
Signed by Joanne Vanderheyden
Signed by Fred Tranquilli
17
SCHEDULE 1
BY-LAW NO. 10-20
CORPORATION OF THE MUNICIPALITY OF STRATHROY-CARADOC
The services for which the development charge is imposed:
Fire Service
Police Service
Services Related to a Highway: includes;
o Public Works: Buildings and Fleet
o Municipality-Wide Engineering (Roads & Related, etc.)
Strathroy Engineering (Includes Services Related to Highway and Storm Water
Drainage and Control services)
Strathroy Water Services
Strathroy Wastewater Services
Mount Brydges Water Services
Mount Brydges Wastewater Services
*All services identified are non-discounted services.
18
SCHEDULE 2A
BY-LAW NO. 10-20
CORPORATION OF THE MUNICIPALITY OF STRATHROY-CARADOC
SCHEDULE OF DEVELOPMENT CHARGES: RURAL AREA
Non-Residential
Single & Semi
Charge
SERVICE
Detached
($/sq.m.)
Services Related to a Highway
Public Works: Buildings & Fleet
$707
$583
$368
$3.97
Municipality-Wide Engineering
$1,570
$1,294
$816
$9.03
SUB-TOTAL SERVICES REL. TO A HIGHWAY CHARGE
$2,277
$1,877
$1,184
$13.00
Fire Services
$820
$676
$426
$4.59
Police Services
$351
$289
$182
$1.97
TOTAL MUNICIPAL-WIDE CHARGE
$3,448
$2,842
$1,792
$19.56
Charge Per Unit Type
Multiples
Apartments
19
SCHEDULE 2B
BY-LAW NO. 10-20
CORPORATION OF THE MUNICIPALITY OF STRATHROY-CARADOC
SCHEDULE OF DEVELOPMENT CHARGES: STRATHROY AREA
Non-Residential
Single & Semi
Charge
SERVICE
Detached
($/sq.m.)
Services Related to a Highway
Public Works: Buildings & Fleet
$707
$583
$368
$3.97
Municipality-Wide Engineering
$1,570
$1,294
$816
$9.03
SUB-TOTAL SERVICES REL. TO A HIGHWAY CHARGE
$2,277
$1,877
$1,184
$13.00
Fire Services
$820
$676
$426
$4.59
Police Services
$351
$289
$182
$1.97
TOTAL MUNICIPAL-WIDE CHARGE
$3,448
$2,842
$1,792
$19.56
Strathroy Engineering (Roads and Storm)
$10,002
$8,246
$5,198
$55.83
Strathroy Water
$2,202
$1,815
$1,144
$12.29
Strathroy Wastewater
$3,826
$3,154
$1,988
$21.36
TOTAL DEVELOPMENT CHARGE
$19,478
$16,057
$10,122
$109.04
Charge Per Unit Type
Multiples
Apartments
20
SCHEDULE 2C
BY-LAW NO. 10-20
CORPORATION OF THE MUNICIPALITY OF STRATHROY-CARADOC
SCHEDULE OF DEVELOPMENT CHARGES: MOUNT BRYDGES AREA
Non-Residential
Single & Semi
Charge
SERVICE
Detached
($/sq.m.)
Services Related to a Highway
Public Works: Buildings & Fleet
$707
$583
$368
$3.97
Municipality-Wide Engineering
$1,570
$1,294
$816
$9.03
SUB-TOTAL SERVICES REL. TO A HIGHWAY CHARGE
$2,277
$1,877
$1,184
$13.00
Fire Services
$820
$676
$426
$4.59
Police Services
$351
$289
$182
$1.97
TOTAL MUNICIPAL-WIDE CHARGE
$3,448
$2,842
$1,792
$19.56
Mount Brydges Water
$1,705
$1,405
$886
$13.75
Mount Brydges Wastewater
$8,675
$7,151
$4,508
$69.97
TOTAL DEVELOPMENT CHARGE
$13,828
$11,398
$7,186
$103.28
Charge Per Unit Type
Multiples
Apartments
21
SCHEDULE 3
BY-LAW NO. 10-20
CORPORATION OF THE MUNICIPALITY OF STRATHROY-CARADOC
MAP OF STRATHROY AREA
22
SCHEDULE 4
BY-LAW NO. 10-20
CORPORATION OF THE MUNICIPALITY OF STRATHROY-CARADOC
MAP OF MOUNT BRYDGES AREA
23
SCHEDULE 5
BY-LAW NO. 10-20
CORPORATION OF THE MUNICIPALITY OF STRATHROY-CARADOC
Clause for inclusion in Subdivision, Consent or Site Plan
Agreements: Restrictions on cost sharing:
All work required in connection with the provision of services to the land being
subdivided or developed shall be at the expense of the subdivider or developer
and no reimbursement of any portion of the cost of this work shall be made by
the Municipality unless at the time of approval of drawings with respect to such
work, the Municipality has requested the provision of services for other lands
and has agreed in writing to accept a claim with respect to the cost of such work
pursuant to its Development Charge By-law. The Municipality shall have no
obligation to pay such claim except in conformity with its Development Charge
By-law, using such funds as may be available in the Municipality Growth
Reserve Funds. In the alternative, the Municipality may issue development
charge credits to the subdivider or developer to a value not exceeding the total
of development charges which the subdivision or development will attract. No
interest or payment for carrying costs shall be permitted in any event.