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Consolidated Version
As amended by By-Law No. 2024-67
THE CORPORATION OF THE TOWNSHIP OF TAY
BY-LAW NO. 2024-04
Being a By-law to Establish Development Charges for
the Corporation of the Township of Tay pertaining to
General Services and Services Related to a Highway
WHEREAS the Township of Tay will experience growth through development and
re-development;
AND 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 pass By-laws for the imposition of development charges against
land to pay for increased capital costs because of increased need for services
arising from the development of the area to which the By-law applies;
AND WHEREAS the Council of The Corporation of the Township of Tay (hereinafter
the "Township") held a public meeting on December 6, 2023 to consider the
enactment of a development charge By- law, in accordance with section 12 of the
Act;
AND WHEREAS the Council of the Township has given notice in accordance with
section 12 of the Act, of its intention to pass a By-law under section 2 of the said
Act;
AND WHEREAS a Development Charges Background Study ("the background
study"), dated November 13, 2023, has been prepared, wherein the background
study indicated that the development of any land within the Township of Tay will
increase the need for services as defined herein;
AND WHEREAS copies of the background study and the proposed development
charges By-law were made available to the public in accordance with section 12 of
the Act;
AND WHEREAS the Council of the Township has heard all persons who applied to
be heard and received written submissions whether in objection to, or in support
of, the development charges proposal at a public meeting held on December 6,
2023;
AND WHEREAS on January 24, 2024, Council approved the Report titled "2023
Development Charges (DC) Background Study" dated November 13, 2023, thereby
updating its capital forecast where appropriate and indicated that it intends to
ensure that the increase in the need for services to service the anticipated
development will be met;
AND WHEREAS Council has indicated its intent that the future excess capacity
identified in the Development Charges Background Study, dated November 13,
2023, shall be paid for by development charges or other similar charges;
AND WHEREAS at its meeting held on January 24, 2024, Council approved the
background study and determined that no further public meetings were required
under section 12 of the Act.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF TAY ENACTS AND BE IT ENACTED AS FOLLOWS;
1.
INTERPRETATION
1.1
In this By-law the following items shall have the corresponding meanings:
"Act" means the Development Charges Act, 1997, S.O. 1997, c. 27, as
amended or any successors thereto;
"apartment unit" means any residential unit within a building containing
more than four dwelling units where the units are connected by an interior
corridor;
"bedroom" means a habitable room which can be used as sleeping quarters, but
does not include a bathroom, living room, dining room or kitchen;
"board of education" has the same meaning as set out in the Education Act,
R.S.O. 1990, Chap. E.2, as amended, or any successor thereof;
"Building Code Act" means the Building Code Act, S.O. 1992, as amended, or
any successor thereof;
"capital cost" means costs incurred or proposed to be incurred by the municipality
or a local board thereof directly or by others on behalf of and as authorized
by the municipality or local board;
"commercial" means any use of land, structures or buildings for the purposes of
buying or selling commodities and services, but does not include industrial or
agricultural uses, but does include hotels, motels, motor inns and boarding, lodging
and rooming houses;
"Council" means the Council of the Township of Tay;
"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 increasing the size or usability thereof,
and includes redevelopment;
"development charge" means a charge imposed with respect to this By-law;
"dwelling unit" means any part of a building or structure used, designed or
intended to be used as a domestic establishment in which one or more persons
may sleep and are provided with culinary and sanitary facilities for their exclusive
use;
"existing" means the number, use and size that existed as of the date this By-law
was passed;
"farm building" means that part of a farming operation or hobby farm operation
encompassing barns, stables, silos and other ancillary development to an
agricultural use, but excluding a residential use and a veterinary establishment
use;
"gross floor area" means:
(a)
in the case of a residential building or structure, 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 any other dwelling unit or
other portion of a building; and
(b)
in the case of a non-residential building or structure, or in the case of a mixed-
use building or structure in respect of the non-residential portion thereof, the
total area of all building floors above or below grade measured between the
outside surfaces of the exterior walls, or between the outside surfaces of
exterior walls and the centre line of party walls dividing a non-residential use
and a residential use, except for:
(i)
a room or enclosed area within the building or structure above or
below grade that is used exclusively for the accommodation of
heating,
cooling,
ventilating,
electrical,
mechanical
or
telecommunications equipment that service the building;
(ii)
loading facilities above or below grade; and
(iii)
a part of the building or structure below grade that is used for the
parking of motor vehicles or for storage or other accessory use;
"industrial" means lands, buildings or structures used or designed or intended for
use for manufacturing, processing, fabricating or assembly of raw goods,
warehousing or bulk storage of goods, and includes office uses and the sale of
commodities to the general public where such uses are accessory to an industrial
use, but does not include the sale of commodities to the general public through a
warehouse club;
"Local Board" means a school board, public utility, commission, transportation
commission, public library board, board of park management, local board of
health, board of commissioners of police, planning board, or any other board,
commission, committee, 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 municipality or any part or
parts thereof;
"multiple dwellings" means all dwellings other than single-detached, semi-
detached and apartment unit dwellings;
"municipality" means the Corporation of the Township of Tay;
"non-residential use" means a building or structure of any kind whatsoever
used, designed or intended to be used for other than a residential use;
"Official Plan" means the Official Plan adopted for the Township, as amended and
approved;
"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;
"place of worship" means that part of a building or structure that is exempt
from taxation as a place of worship under the Assessment Act, R.S.O. 1990, Chap.
A.31, as amended, or any successor thereof;
"regulation" means any regulation made pursuant to the Act;
"residential dwelling" means a building, occupied or capable of being occupied
as a home, residence or sleeping place by one or more persons, containing one or
more dwelling units but not including motels, hotels, tents, truck campers, tourist
trailers, mobile camper trailers or boarding, lodging or rooming houses;
"residential use" means the use of a building or structure or portion thereof for
one or more Dwelling Units. This also includes a dwelling unit on land that is used
for an Agricultural Use;
"row dwelling" means a building containing three or more attached dwelling units
in a single row, each of which dwelling units has an independent entrance from the
outside and is vertically separated from any abutting dwelling unit;
"semi-detached dwelling" means a dwelling unit in a residential building
consisting of two dwelling units having one vertical wall, but not other parts,
attached to the other dwelling unit;
"service" means a service designed in Schedule "A" to this By-law, and "services"
shall have a corresponding meaning;
"single detached dwelling unit" means a residential building consisting of
one dwelling unit and not attached to another structure;
"Township" means the area within the geographic limits of the Township of Tay;
and
"Zoning By-law" means the Zoning By-law of the Township of Tay or any
successor thereof passed pursuant to Section 34 of the Planning Act, R.S.O. 1990
Chap. P.13, as amended, or any successor thereof;
2.
DESIGNATION OF SERVICES
2.1
The categories of services for which development charges are imposed
under this By- law are as follows:
(a)
Library Board Services;
(b)
Fire Protection Services;
(c)
Parks and Recreation Services;
(d)
Services Related to a Highway;
(e)
Development-Related Studies.
2.2
The components of the services designated in section 2.1 are described in
Schedule "A".
3.
APPLICATION OF BY-LAW RULES
3.1
Development charges shall be payable in the amounts set out in this By-law
where:
(a)
the lands are located in the area described in section 3.2; and,
(b)
the development of the lands requires any of the approvals set out in
subsection 3.4.1.
Area to Which By-law Applies
3.2
Subject to section 3.3, this By-law applies to all lands in the Township of
Tay whether or not the land or use thereof is exempt from taxation under
s.13 or the Assessment Act.
3.3.
Notwithstanding clause 3.2 above, this By-law shall not apply to lands that
are owned by and used for the purposes of:
(a)
any municipality or a local board thereof; or
(b)
a board of education.
Approvals for Development
3.4.
Development charges shall be imposed on all lands, buildings or structures
that are developed for residential or non-residential uses if the
development requires:
(a)
the passing of a Zoning By-law or of an amendment to a Zoning
By-law 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(7) of the Planning Act applies;
(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, R.S.O. 1990,
Chap. C.26, as amended, or any successor thereof; or
(g)
the issuing of a permit under the Building Code Act in relation to a
building or structure.
3.5.
No more than one development charge for each service designated in
subsection 2.1 shall be imposed upon any lands, buildings or structures to
which this By-law applies even though two or more of the actions described
in subsection 3.4 are required before the lands, buildings or structures can
be developed.
3.6.
Despite subsection 3.5, if two or more of the actions described in
subsection 3.4 occur at different times, additional development charges
shall be imposed if the subsequent action has the effect or increasing the
need for services.
Exemptions
3.7.
This By-law shall not apply to that category of exempt development
described in Section 2(3)(3.1)(3.2)(3.3) of the Act and section 2 of O.Reg.
82/98, namely:
(a)
the enlargement of an existing dwelling unit;
(b)
one or two additional dwelling units in an existing or to be constructed
single detached dwelling or prescribed ancillary structure to the
existing residential building;
(c)
the creation of additional dwelling units equal to the greater of one or
1% of the existing dwelling units in an existing residential rental
building containing four or more dwelling units or prescribed ancillary
structure to the existing residential building;
(d)
the creation of one additional dwelling unit in any other existing or to
be constructed residential building, such as a semi-detached or row
dwelling or prescribed ancillary structure to the existing residential
building;
3.8.
Notwithstanding subsection 3.7(b), development charges shall be imposed
if the total gross floor area of the additional one or two units exceeds the
gross floor area of the existing dwelling unit.
3.9.
Notwithstanding section 3.7(d), development charges shall be imposed if
the additional unit has a gross floor area greater than:
(a)
in the case of a semi-detached or row dwelling, the gross floor area of
the existing smallest dwelling unit; and,
(b)
in the case of any other residential building, the gross floor area of
the smallest dwelling unit contained in the residential building.
3.10.
In accordance with Section 26.2(1.1) of the Act, the amount of a
development charge determined for rental housing development shall be
reduced in accordance with the following rules:
(a)
a development charge for a residential unit intended for use as a
rented residential premises with three or more bedrooms shall be
reduced by 25 per cent;
(b)
a development charge for a residential unit intended for use as a
rented residential premises with two bedrooms shall be reduced by 20
per cent;
(c)
a development charge for a residential unit intended for use as a
rented residential premises not referred to in subsection 5(a) and 5(b)
of this by-law shall be reduced by 15 per cent.
3.11.
This By-law does not apply to non-profit housing development as per
Section 4.2 of the Act.
Other Exemptions:
3.12.
Notwithstanding the provision of this By-law, development charges shall
not be imposed with respect to:
(a)
Industrial Buildings;
(b)
Farm buildings;
(c)
Places of Worship; and,
(d)
Commercial Development Charges will be exempt from properties
zoned Village Commercial by Zoning By-law 2000-57, as amended, or
its successor, in the downtown core areas of the communities of Port
McNicoll, Victoria Harbour and Waubaushene as follows:
i.
Properties fronting on Talbot Street from Sixth Avenue to First
Street, Ney Street and/or Fourth Street north of Talbot to
Assiniboia Street in the community of Port McNicoll;
ii.
Properties fronting on Albert Street, John Street, Ellen Street,
William Street from Cadeau Place to Ellen Street, and/or Richard
Street from Albert Street to Ellen Street in the community of
Victoria Harbour; and,
iii.
Properties fronting on Sturgeon Bay Road east of Ouida Street,
Coldwater Road from Pine Street to Willow Street, and/or Pine
Street south of Dodge Drive in the community of Waubaushene.
3.13.
The Treasurer shall rebate the water and/or wastewater service
components of the calculated development charge for developments where
these services are not available within five hundred feet and servicing plans
are not scheduled within five years of the building permit issuance.
Amount of Residential Charges
3.14.
The development charges set out in Schedule "B" shall be imposed on
residential uses of lands, buildings or structures, including a dwelling unit
accessory to a non-residential use and, in the case of a mixed use building
or structure, on the residential uses in the mixed use building or structure,
according to the type of residential unit, and calculated with respect to each
of the services according to the type of residential use.
Amount of Non-Residential Charges
3.15.
The development charges set out in Schedule "B" to this By-law shall be
imposed on non- residential uses of lands, buildings or structures, and, in
the case of a mixed use building or structure, on the non-residential uses
in the mixed use building or structure, and calculated with respect to each
of the services according to the total gross floor area of the non- residential
use.
Phase-in of Development Charges
3.16.
Development charges shall be phased in accordance with the requirements
of the Act.
Reduction of Development Charges for Redevelopment
3.17.
Despite any other provisions of this By-law, where, as a result of the
redevelopment of land, a building or structure existing on the same land
within 5 years prior to the date of payment of development charges in
regard to such redevelopment was, or is to be demolished, in whole or in
part, or converted from one principal use to another principal use on the
same land, in order to facilitate the redevelopment, the development
charges otherwise payable with respect to such redevelopment shall be
reduced by the following amounts:
(a)
in the case of a residential building or structure, or in the case of a
mixed-use building or structure, the residential uses in the mixed-use
building or structure, an amount calculated by multiplying the
applicable development charge under subsection 3.14 by the number,
according to type, of dwelling units that have been or will be
demolished or converted to another principal use; and,
(b)
in the case of a non-residential building or structure or, in the case of
mixed-use building or structure, the non-residential uses in the mixed-
use building or structure, an amount calculated by multiplying the
applicable development charges under subsection 3.15, by the gross
floor area that has been or will be demolished or converted to another
principal use.
3.18.
Despite subsection 3.16, in no case shall a reduction of development
charges exceed the amount of the development charges that would
otherwise be payable, and no reduction of development charges is available
if the existing land use is exempt under this By-law.
Time of Payment of Development Charges
3.19.
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 by
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, or in
a manner or at a time otherwise lawfully agreed upon.
3.20.
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 charges have been paid in full.
3.21.
Notwithstanding subsection 3.19, the portion of development charges with
respect to water services, waste water services and roads and related
services shall be calculated and payable with respect to an approval of a
plan of subdivision under Section 51 of the Planning Act immediately upon
entering into an agreement.
3.22.
Notwithstanding subsections 3.19, 3.20 and 3.21, an owner may enter into
an agreement with the municipality to provide for the payment in full or in
part of a development charge before building permit issuance or later than
the issuing of a building permit, as agreed, and for the charging of interest
by the Township on that part of the development charge paid after it would
otherwise have been payable.
3.23.
The amount of development charge will be determined in accordance with
Section 26, 26.1 and 26.2 of the Act, prior to issuance of the building permit
or revision to building permit;
3.24.
Notwithstanding section 3.19, development charges for rental housing and
institutional developments in accordance with Section 26.1 of the Act, 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.
3.25.
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 eighteen months of
building permit issuance, the development charges under shall be
calculated on the rates set out in Schedule "B" on the date of the planning
application, including interest. Where both planning applications apply,
development charges shall be calculated on the rates in effect on the day
of the later planning application, including interest.
4.
PAYMENT BY SERVICES
4.1
Despite the payment required under subsections 3.14 and 3.15, Council
may, by agreement, give a credit towards a development charge in
exchange for work that relates to a service to which a development charge
relates under this By-law.
5.
INDEXING
5.1
Development charges imposed pursuant to this By-law shall be adjusted
annually on the first day of January without amendment to this By-law, in
accordance with the third quarter of the prescribed index in the Act.
6.
SCHEDULES
6.1
The following schedules shall form part of this By-law:
Schedule "A" - COMPONENTS OF SERVICES DESIGNATED IN
SUBSECTION 2.1 Schedule "B" - SCHEDULE OF DEVELOPMENT
CHARGES
7.
CONFLICTS
7.1
Where the Township and an owner or former owner have entered into an
agreement with respect to land within the area to which this By-law applies,
and a conflict exists between the provisions of this By-law and such
agreement, the provisions of the agreement shall prevail to the extent that
there is a conflict.
7.2
Notwithstanding subsection 7.1, where a development which is the subject
of an agreement to which subsection 7.1 applies, is subsequently the
subject of one or more of the actions described in subsection 3.4, an
additional development charge in respect of the development permitted by
the action shall be calculated, payable and collected in accordance with the
provisions of this By-law if the development has the effect of increasing the
need for services, unless such agreement provides otherwise.
8.
SEVERABILITY
8.1
If, for any reason, any provision of this By-law is held to be invalid, it is
hereby declared to be the intention of Council that all the remainder of this
By-law shall continue in full force and effect until repealed, re-enacted,
amended or modified.
9.
REPEAL OF CURRENT BY-LAW
9.1
That By-law 2019-07 be and is hereby repealed.
10.
This By-law shall come into force and take effect immediately upon the final
reading thereof.
BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24th
DAY OF JANUARY, 2024.
THE CORPORATION OF THE TOWNSHIP OF TAY
MAYOR, Ted Walker
CLERK, Katelyn Johns
SCHEDULE "A" TO BY-LAW NO. 2024-04
COMPONENTS OF SERVICES DESIGNATED IN SUBSECTION 2.1
Library Board
Library Collection Materials
Fire Protection
Buildings, Land and Furnishings
Vehicles and Equipment
Parks and Recreation
Indoor Recreation
Parks and Trails
Vehicles and Equipment
Services Related to a Highway
Road Works
Public Works Buildings, Land and Furnishings
Vehicles and Equipment
General Services
Development-Related Studies
SCHEDULE "B" TO BY-LAW NO. 2024-04
SCHEDULE OF DEVELOPMENT CHARGES
Residential Charge by Unit Type
Non-Residential
Service
Singles &
Semis
Townhouses &
Other
Multiples
Apartment
Units
Charge per
Square Metre
Library Board
$132
$98
$84
$0.00
Fire Protection
$1,651
$1,231
$1,051
$9.81
Parks & Recreation
$1,799
$1,341
$1,145
$0.00
Services Related to a Highway
$3,856
$2,874
$2,455
$22.92
Development-Related Studies
$1,269
$946
$808
$7.54
Subtotal - Township-Wide Services
$8,707
$6,490
$5,543
$40.28