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The Corporation of the Township of Tiny
By-Law No. 20-084
Being a By-law with Respect to Development Charges
WHEREAS the Township of Tiny will experience growth through
development and re-development;
AND WHEREAS development and re-development requires the provision of
physical and social services by the Township of Tiny;
AND WHEREAS Council desires to ensure that the capital cost of meeting
growth-related demands for or burden on municipal services does not place
an excessive financial burden on the Township of Tiny or its existing
taxpayers, while at the same time ensuring new taxpayers contribute no
more than the net capital cost attributable to providing the current level of
municipal services;
AND WHEREAS the Development Charges Act, 1997 (the "Act") provides
that the Council of a Township may by by-law impose development charges
against land to pay for increased capital costs required because of increased
needs for services;
AND WHEREAS a development charge background study has been
completed in accordance with the Act;
AND WHEREAS the Council of The Corporation of the Township of Tiny has
given notice of and held a public meeting on the 301h day of November 2020
in accordance with the Act and the regulations thereto;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF TINY ENACTS AS FOLLOWS:
1. Interpretation
1.1
In this By-law the following items shall have the corresponding
meanings:
"accessory" means a use, building or structure, that is naturally or
normally incidental to, subordinate to, or exclusively devoted to a
principal use, building or structure located on the same lot.
"accommodation for on-farm labour" means a dwelling unit not
attached to any other building, and used for seasonal, interim, or
occasional residential uses by farm labourers.
"Act" means the Development Charges Act, 1997, as amended, or any
successor legislation.
"agriculture use" means a bona fide farm operation, bus does not
include:
a) Residential Uses, including accommodation for on-farm
labour;
PAGE 1
b) On-farm diversified uses; and
c) Cannabis Production Facilities.
"apartment unit" means any residential unit within a building containing
more than three dwelling units where access to each residential unit is
obtained through a common entrance or entrances from the street
level and the residential units are connected by an interior corridor.
Despite the foregoing, an apartment dwelling includes stacked
townhouse dwellings.
"bedroom" means a habitable room which can be used as sleeping
quarters, including a den, study, or other similar area, but does not
include a bathroom, living room, dining room or kitchen.
"Board of Education" means a board as defined in the Education Act,
R.S.O. 1990, Chap. E.2, as amended, or any successor legislation.
"boarding house" means a dwelling unit, containing not more than ten
guest rooms which are maintained for the accommodation of the public,
in which the owner or lessee supplies, for hire or gain, lodgings with or
without meals but does not include any other establishment otherwise
defined or classified in this By-law.
"bona fide farm" means a farm or portion thereof assessed in the
Farmland Realty Tax Class by the Municipal Property Assessment
Corporation.
"building" means a structure occupying an area greater than 10
square metres consisting of any combination of a wall, roof and floor,
or a structural system serving the function thereof, including all
associated works, fixtures, and service systems.
"Building Code Act" means the Building Code Act, S.O. 1992, as
amended, or any successor legislation.
"Cannabis" means
a) a cannabis plant;
b) any part of a cannabis plant, including the phytocannabinoids
produced by, or found in, such a plant regardless of whether
that part has been processed or not;
c) any substance or mixture of substances that contains or has on
it any part of such a plant; and
d) any substance that is identical to any phytocannabinoid
produced by, or found in, such a plant, regardless of how the
substance was obtained.
"cannabis plant" means a plant that belongs to the genus Cannabis.
PAGE 2
"Cannabis Production Facilities" means a building, or part thereof,
designed, used, or intended to be used for one or more of the
following: cultivation, propagation, production, processing, harvesting,
testing, alteration, destruction, storage, packaging, shipment or
distribution of cannabis where a licence, permit or authorization has
been issued under applicable federal law and does include, but is not
limited to such buildings as a greenhouse and agricultural building
associated with the use. It does not include a building or part thereof
solely designed, used, or intended to be used for retail sales of
cannabis.
"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, construct or improve facilities including,
i.
rolling stock with an estimated useful life of seven years
or more,
ii.
furniture and equipment other than computer equipment,
iii.
material acquired for circulation, reference or information
purposes by a library board as defined in the Public
Libraries Act, R.S.O. 1990, Chap. P.44, as amended, or
any successor thereof;
e) 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 the
provision of services and classes of services designated in this
By-law within or outside the Township; and
f) for interest on money borrowed to pay for costs described in
clauses (a) to (e) above.
"Chief Building Official" means the individual appointed by Council in
accordance with the Building Code Act.
"commercial" means any use of land, structures or buildings for the
purposes of buying or selling commodities and services, including a
commercial greenhouse, hotels, motels, motor inns and boarding,
lodging and rooming houses, but does not include industrial or
agricultural uses.
"commercial greenhouse" means a building, that is made primarily of
translucent building material, used, designed or intended to be used
for the sale and display of plant products grown or stored therein,
gardening supplies and equipment, or landscaping supplies and
equipment.
PAGE 3
"Condominium Act" means the Condominium Act, 1998, S.O. 1998, c.
19, as amended and any successor legislation or the Condominium
Act, R.S.O. 1990, c. C.26, as amended or any successor legislation.
"Council" means the Municipal Council of the Corporation of the
Township of Tiny.
"County" means the Corporation of the County of Simcoe and the area
within the geographic limits of the County of Simcoe.
"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 increases the size of, usability
thereof, or change of use thereof, and includes redevelopment.
"development charge" or "development charges" means a charge
imposed with respect to this By-law.
"dwelling unit" means a room or rooms used, designed or intended for
the domestic use of one or more individuals living as a single
housekeeping unit, with living, sleeping and sanitary facilities, and one
kitchen facility, having a private entrance from outside the building or
from a common hallway or stairway inside or outside the building,
including a cottage, but does not mean or include a tent, trailer, or a
room or a suite of rooms in a boarding house, hotel, motel, or park
model home.
"duplex" means a building that is divided horizontally into two separate
dwelling units, each of which has an independent entrance either
directly from the outside or thorough a common vestibule.
"existing" means the number, use and size that existed as of the date
this by-law was passed.
"existing industrial building" means a building existing on land in the
Township on December 21, 2020 or the first building or buildings
constructed on vacant land on or after December 21, 2020 for which
development charges were paid in full and such buildings are used for
or in connection with:
a) manufacturing, producing, processing, storing, or distributing
something;
b) research or development in connection with manufacturing 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; or
d) office or administrative purposes if they are:
PAGE 4
I.
carried out with respect to manufacturing, producing,
processing, storage or distributing of something; or
ii.
in or attached to the building used for that manufacturing,
producing, processing, storage, or distribution; and
despite the foregoing, commercial self-storage facilities and retail
warehouses, included, but not limited to such uses as boat storage
facilities, are not considered to be industrial buildings.
"farm building" means that part of a bona fide farm operation
encompassing barns, grain bins, greenhouses, and other ancillary
development to an agricultural use, but excludes residential uses, on-
farm diversified uses and cannabis production facilities.
"garden suite" means a one-unit detached residential structure
containing bathroom and kitchen facilities that is ancillary to an existing
residential structure and that is designed to be portable.
"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 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.
"hotel" means premises that contains rooms with no private cooking
facilities that are rented on a temporary basis to the public or dwellings
units, or a combination of both, equipped to be occupied as temporary
accommodation for the public, and which contains a public dining area
and which also may contain meeting rooms and accessory banquet
facilities.
PAGE 5
"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, includes cannabis
production facilities, but does not include the sale of commodities and
the supplying of personal services or as otherwise defined in the
zoning by-law.
"institutional" means land, buildings, structures, or any part thereof
used for the purposes of subsection 12.3 herein, 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 and any successor
legislation;
b) as a retirement home within the meaning of subsection 2 (1) of
the Retirement Homes Act, 2010 and any successor legislation;
c) by any of the following post-secondary institutions for the
objects of the institution:
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 i., or
iii.
an Indigenous Institute prescribed for the purposes of
section 6 of the Indigenous Institutes Act, 2017 and any
successor legislation;
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.
"lawfully demolished" means a residential or non-residential building
that was demolished according to the date of the demolition permit
issuance or the date of a fire or act of god.
"local board" means a school board, municipal service board,
transportation commission, public library board, board of health, police
services board, 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 a Township or of
two or more municipalities or parts thereof.
"local services" means those services, facilities or things which are
under the jurisdiction of the Township of Tiny and are related to a plan
of subdivision or within the area to which the plan relates in respect of
the lands under sections 41, 51 or 53 of the Planning Act, R.S.O.
1990, Chap. P.13, as amended, or any successor thereof.
PAGE 6
"mixed use development" means a building used, designed, or
intended for use for both residential and non-residential uses.
"motel" means premises that contain rooms with no private cooking
facilities that are rented on a temporary basis to the public with each
room being accessed from the outside.
"multiple dwellings" means all dwellings other than single detached,
semi-detached and apartment unit dwellings.
"non-profit housing development" means development of a building or
structure intended for use as residential premises by,
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; or
c) a non-profit housing co-operative that is in good standing under
the Co-operative Corporations Act, or any successor legislation.
"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 by the Township, as
amended, and approved.
"on-farm diversified use" means a use, occurring entirely and
exclusively within a detached building that is secondary and
subordinate to the active and principle agricultural use occurring on a
property. Such uses may include, but are not limited to, commercial
and/or industrial uses that produce value added agricultural products
or provide a service that is supportive or regional agri-business.
"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.
"park model trailer" means a seasonal recreational building
constructed in conformance to CSN/CSA-Z241 and intended to be
used as a seasonal recreation building of residential occupancy.
"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
legislation.
"Planning Act" means the Planning Act, R.S.O. 1990, c.13, as
amended and any successor legislation.
PAGE 7
"redevelopment" means the construction, erection or placing of one or
more buildings on land where all or part of a building on such land has
previously been demolished, or changing the use of all or part of a
building from a residential purpose to a non-residential purpose or
from a non-residential purpose to a residential purpose, or changing
all or part of a building from one form of residential development to
another form of residential development or from one form of non-
residential development to another form of non-residential
development.
"Regulation" means any regulation made pursuant to the Act.
"rental housing" means development of a building or structure with
four or more dwelling units all of which are intended for use as rented
residential premises.
"residential unit" 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.
"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.
"secondary residential unit" means self-contained residential units with
a private kitchen, bathroom facilities and sleeping areas within
dwellings or within structure ancillary to a dwelling (e.g. above a
detached garage).
"semi-detached dwelling" means a dwelling unit in a residential
building consisting of two dwelling units which are separated by a
common wall dividing the pair of dwellings vertically, in whole or in
part, each of which has an independent entrance, either directly from
the outside or through a common vestibule.
"service" means a service or class of service designed in Schedule "A"
to this By-law, and "services" and "classes" shall have a
corresponding meaning.
"servicing agreement" means an agreement between a landowner and
the Township relative to the provision of municipal services to
specified land within the Township.
"single detached dwelling unit" means a residential building consisting
of one dwelling unit and not attached to another structure.
PAGE 8
"stacked townhouse dwelling" means a building containing two or
more dwelling units where each dwelling unit is separated horizontally
and/or vertically from another dwelling unit by a common wall or floor
"structure" means anything constructed or erected, either permanent
or temporary, the use of which requires location on the ground or
attachment to something having location on the ground.
"Tent" means every kind of temporary shelter for sleeping that is not
permanently affixed to the site and that is capable of being easily
moved.
"Township" means the Corporation of the Township of Tiny and the
area within the geographic limits of the Township of Tiny.
"Trailer" means a vehicle that is at any one time drawn upon by a
motor vehicle, but for the purposes of this By-law, does not include a
mobile home dwelling.
"Treasurer" means the Director of Finance and
Administration/Treasurer or designate for the Township of Tiny.
"wind turbine" means a device designed to extract kinetic energy from
the wind and supply it in the form of electrical energy that is suitable
for use.
"Zoning By-Law" means the Zoning By-Law of the Township of Tiny or
any successor thereof passed pursuant to section 34 of the Planning
Act, S.O. 1998.
2. Rules
2.1
For the purpose of complying with section 6 of the Act:
a) the area to which this By-law applies shall be the area described in
section 3 of this by-law
b) the rules developed under paragraph 9 of subsection 5(1) of the Act
for determining if development charges are payable under this By-law
in any particular case and for determining the amount of the charges
shall be as set forth in section 4, through 13, inclusive, of this By-law;
c) the rules for exemptions, relief, credits, and adjustments shall be as
set forth in sections 8 through 10, inclusive, of this By-law;
d) the indexing of charges shall be in accordance with section 14 of this
By-law;
e) there shall be no phasing-in of the development charges in
accordance with section 7 of this By-law; and
f)
except as set out in the Act and this By-law, there are no other credits,
exemptions, relief, or adjustments in respect of any land in the area to
which this By-law applies.
PAGE 9
3. Designation of Services and Classes
3.1
The categories of services and classes for which development
charges are imposed under this By-law are as follows:
(a)
Services Related to a Highway;
(b)
Fire Protection Services;
(c)
Policing Services;
(d)
Parks and Recreation Services; and
(e)
Growth Studies.
3.2
The components of the services and classes designated in subsection
3.1 are described in Schedule A.
4. Application of By-law Rules
4.1
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 5; and
(b)
the development of the lands requires any of the approvals set
out in Section 6.
5. Area to Which By-law Applies
5.1
This By-law applies to all lands in the Township of Tiny whether or not
the land or use thereof is exempt from taxation under section 13 of the
Assessment Act.
6. Approvals for Development
6.1
Development charges shall be imposed on all lands, buildings or
structures that are developed for residential or non-residential uses if
the development requires:
(i)
the passing of a zoning by-law or of an amendment to a
zoning by-law under section 34 of the Planning Act,
(ii) the approval of a minor variance under section 45 of the
Planning Act,
(iii) a conveyance of land to which a by-law passed under
subsection 50 (7) of the Planning Act applies;
(iv)
the approval of a plan of subdivision under section 51 of the
Planning Act;
(v)
a consent under section 53 of the Planning Act;
PAGE 10
(vi)
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
(vii) the issuing of a permit under the Building Code Act in relation
to a building or structure.
6.2
No more than one development charge for each service or class of
service designated in subsection 3.1 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 6.1 are
required before the lands, buildings or structures can be developed.
6.3
Despite subsection 6.2, if two or more of the actions described in
subsection 6.1 occur at different times, additional development
charges shall be imposed if the subsequent action has the effect of
increasing the need for services.
7. Phase-in of Development Charges
7.1
The development charges imposed pursuant to this By-law are not
being phased-in and are payable in full, subject to any exemptions or
specific rules herein, from the date this By-law comes into force and
effect pursuant to sections 11, 12 and 13 of this By-law.
8. Exem tions for Certain Buildin s/Uses
8.1
This By-law shall not apply to land that is owned by and used for the
purposes of:
(a)
a board of education as defined in subsection 1 (1) of the
Education Act.
(b)
any municipality or local board thereof;
(c)
a public hospital, as exempt from taxation pursuant to
paragraph 3(1)3 of the Assessment Act or receiving aid under
the Public Hospitals Act, R.S.O. 1990, Chap. P.40, as
amended, or any successor thereof;
(d)
a non-residential farm building, save and except for the gross
floor area within a greenhouse that is used for the purposes of
carrying on retail sales to which development charges shall be
imposed, calculated and collected in accordance with the rate
set out in Schedule "B", and
(e)
the portion of the lands or buildings used or to be used for
worship in a place of worship or for the purposes of a cemetery
or burial ground exempt from taxation under the Assessment
Act, R.S.O. 1990, Chap. A.31;
(f)
development creating or adding an accessory use or accessory
building not exceeding 10 square metres of gross floor area;
(g)
development creating or adding an accessory use or accessory
building to a residential use where the accessory use or
PAGE 11
accessory building is not used for any non-residential use or
purpose;
(h)
a garden suite;
(i)
the development of tents and trailers; and
the development of a park model trailer.
9. Rules with Respect to Exemptions for Intensification of Existing
Housing or New housing
9.1
Despite section 5 above, no development charge shall be imposed
with respect to developments or portions of developments as follows:
(a)
the enlargement to an existing residential dwelling unit;
(b)
one or two additional dwelling units in an existing 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
residential building already containing at least one dwelling unit
or prescribed ancillary structure to the existing residential
building; or
(e)
the creation of a second dwelling unit in prescribed classes of
proposed new residential buildings, including structures
ancillary to dwellings, subject to the following restrictions:
- .Item
,
1
Name of Class of
Proposed New
Residential Buildings
Proposed new detached
d.vellings
Description of Class of Proposed New
Residential Buildings
Proposed new residential buildings that mulct not
be attached to other buildings and that are
permitted to contain a second dwell'ng unit, that
being either of the two dwelling units. if the units
have the same gross floor area, or the smaller of
the dwelling units,
Restrictions
The proposed new detached dwelling must out' contain two
dwelling units.
The proposed new detached dwelling must be located on a
parcel of land on which no other detached dwelling, semi-
detached dwelling or row dwelling would be located.
2
Proposed new semi-
detached dwellings or row
dwellings
Proposed new residential buildings that would
have one or two vertical walls, tut no other parts,
attached to other builcings and that are permitted
to contain a second dwelling unit, that being either
of the two dwelling units, If the units have the
same gross floor area, or the smaller of the
dwelling units,
The proposed new semi-detached dwelling or row dwelling
must onty contain two dwelling units.
The proposed new semi-detached dwelling or row dwelling
must be located on a parcel of land on Mich no other
detached dwelling, semi-detached dwelling or row dwelling
would be located.
3
Proposed new residential
budcings that would be
ancillary to a proposed new
detached dwelling, semi-
detached dwelling or row
dwelling
Proposed new residential buildings that would be
ancillary to a proposed new detached dwelling.
semi-detached dwelling or row dwelling and that
are perrnitted to contain a single dwelling unit
The proposed new detached dwelling. semi-detached dw-elling
or row dwetling, to which the proposed new residential builcing
would be ancillary, must only contain one dwelling unit.
The gross floor area of the dwelling unit in the proposed new
residential buildng must be equal to or less than the gross
floor area of the detached dwelling, semi-detached dwelling or
row dwelling to which the proposed new residential building is
ancillary
9.2
Notwithstanding subsection 9.1 (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.
9.3
Notwithstanding subsection 9.1 (d), development charges shall be
imposed if the additional unit has a gross floor area greater than
PAGE 12
i
(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 already contained in the residential
building.
10. Rules with Respect to an "Industrial Expansion Exemption"
10.1 Despite section 5 above, there shall be an exemption for the
enlargement of an existing industrial building up to a maximum of fifty
(50) percent of the gross floor area of the existing industrial building
before any enlargement for which an exemption from the payment of
development charges was granted.
10.2 Development charges shall be imposed, calculated and payable
pursuant to Schedule "B" to this By-law to the gross floor area of an
enlargement that exceeds fifty (50) percent of the existing industrial
building.
10.3 For greater certainty in applying the exemption in this section, the
gross 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 this By-law. 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
passage-way, or through a shared below-grade connection such as a
service tunnel, foundation, footing or a parking facility.
10.4 For the For the purpose of interpreting the definition of "existing
industrial building" herein, regard shall be had to the classification of
the lands in question pursuant to the Assessment Act, R.S.O. 1990, c.
A.31 as amended or successor legislation and in particular:
(a)
whether the lands fall within a tax class such that taxes on the
lands are payable at the industrial tax rate; and
(b)
whether more than fifty percent (50%) of the gross area of the
building has an industrial property code for assessment
purposes
11. Amount of Charges
11.1 Residential Uses
11.1.1 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-
PAGE 13
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.
11.2 Non-Residential
11.2.1 The development charges described 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 floor area of
the non-residential use.
11.3 Wind Turbines
11.3.1 The development charges described in Schedule B to this By-law shall
be imposed on wind turbines with respect to transportation services,
fire protection services, and growth studies on a per unit basis.
11.4 Reduction of Development Charges for Redevelopment
11.4.1 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 60 months (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 11.1 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 a 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 11.2, by the gross floor area that has been or
will be lawfully demolished or converted to another principal
use;
PAGE 14
I
provided that such amounts shall not exceed, in total, the amount of
the development charges otherwise payable with respect to the
redevelopment.
12. Time of Calculation and Payment of Development Charges
12.1 Development charges imposed under this By-law are calculated,
payable, and collected upon issuance of the first building permit for
the development.
12.2 Notwithstanding subsection 12.1, the timing of calculation and
payment of the services related to a highway component of
development charge with respect to an approval of a Plan of
Subdivision under section 51 of the Planning Act, R.S.O., 1990 as
amended, shall be addressed in the subdivision agreement, subject to
any applicable exemptions contained in this By-law, and calculated in
accordance with subsections 11.1, 11.2 and 11.3 of this By-law.
12.3 Notwithstanding subsections 12.1 and 12.2, 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 at a rate of 5% per annum, payable on the anniversary date
each year thereafter.
12.4 Notwithstanding subsections 12.1 and 12.2, 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 at a
rate of 5% per annum, payable on the anniversary date each year
thereafter.
12.5
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 two years of
building permit issuance, the development charges under subsections
11.1, 11.2, and 11.3 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 under subsections 11.1, 11.2, and 11.3 shall be calculated on
the rates, including interest at a rate of 5% per annum, payable on the
anniversary date each year thereafter, set out in Schedule "B" on the
date of the later planning application, including interest.
12.6 Despite subsections 12.1 to 12.5, and in accordance with section 27
of the Act, Council from time to time, and at any time, 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.
13.
Payment of Services
PAGE 15
13.1 Despite the payment required under subsections 11.1, 11.2, and 11.3,
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.
14.
Indexing
14.1 Development charges imposed pursuant to this By-law shall be
adjusted annually without amendment to this By-law, commencing on
the 151 of January 2022 and each year thereafter, in accordance with
the third quarter of the prescribed index in the Act.
15
Front-end Financing
15.1 The Township may enter into front-end agreements with owners in
accordance with the provisions of the Act.
16.
Accountability
16.1
All monies paid pursuant to this By-law shall be maintained separately
from all other revenues or receipts of the Township. The Treasurer of
the Township shall establish separate reserve funds, pursuant to the
categories of services/classes of services designated in subsection
3.1.
16.2 The Treasurer of the Township shall provide to the Council an annual
financial statement related to this By-law and the development charge
reserve funds established under subsection 16.1 of this By-law. This
annual statement shall be provided on a date directed by Council.
16.3 The Township shall pay interest on a refund under subsections 18 (3),
18 (5) and 25 (2) or section 36 of the Act at a rate equal to the Bank of
Canada rate established weekly based on Treasury Bills having a term
of 91 days, on the date this By-law comes into force, updated on the
first business day of every January, April, July and October thereafter.
17.
Schedules
17.1 The following schedules shall form part of this By-law:
Schedule A -- Components of Services and Classes of Services
Designated in subsection 3.1; and
Schedule B -- Schedule of Development Charges.
18.
Conflicts
18.1 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.
PAGE 16
18.2 Notwithstanding subsection 18.1, where a development which is the
subject of an agreement to which subsection 18.1 applies, is
subsequently the subject of one or more of the actions described in
subsection 6.1, 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.
19.
By-law Administration
19.1 The administration of this By-law, except as otherwise provided in this
By-law, is assigned to the Chief Building Official and the Treasurer.
20.
Seyerabilitlf
20.1 If, for any reason, any provision of this By-law is held to be invalid by
a court of competent jurisdiction, 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.
21.
Date By-law in Force
21.1 This By-law shall come into effect at 12:01 AM on January 1,2021.
22.
Date By-law Expires
22.1 This By-law will expire at 12:01 AM on January 1, 2026 unless it is
repealed by Council at an earlier date.
READ A FIRST AND SECOND TIME THIS 21st DAY OF DECEMBER 2020.
READ A THIRD TIME AND FINALLY PASSED THIS 21 5t DAY OF
DECEMBER 2020.
THE CORPORATION OF THE TOWNSHIP OF TINY
Mayo
eorge C
ell
-------
41/
Clerk, Sue Walton
PAGE 17
Schedule "A"
To By-law 20-084
Components of Services and Classes Designated in
Subsection 3.1
D.C.-Eligible Services
Services Related to a Highway
Roads
Bridges and Culverts
Sidewalks
Streetlights
Fire Protection Services
Fire Facilities
Fire Vehicles
Fire Small Equipment and Gear
Parks and Recreation Services
Parkland Development
Parkland Amenities
Parkland Trails
Parks and Recreation Vehicles and Equipment
Recreation Facilities
Policing Services
Policing Facilities
Policing Vehicles and Equipment
D.C.-Eligible Classes
Growth Studies
Services Related to a Highway
Fire Protection Services
Parks and Recreation Services
Wastewater Services
PAGE 18
Service/Class
Municipal Wide -
of Service
rvices/Classes:
Schedule
To
of
Sing
Single and
Semi-Detached
Dwelling
Schedule
By-law
Development
RESIDENTIAL
Apartments - 2
Bedrooms +
"B"
20-084
Apartments-
Bachelor and
1 Bedroom
Charges
Other
Multiples
Wind Turbines
NON-RESIDENTIAL !
(per sq.ft. of Gross
Floor Area)
Services Rela kl to a Highway
5,089
3,361
2,319
4,638
5,089
3, 5
Fire Protectiol Services
643
424
293
586
643
0'
Policing Servi as
25
17
11
23
-
0.d2
Parks and Relreation Services
1,044
690
476
951
-
0.56
Growth Studie .
278
184
127
253
278
0.21
Total Municipal
ide Services/Classes
7,079
4,676
3,226
6,451
6,010
5.(5
PAGE 19