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| BY-LAW NUMBER 2024-039
OF
THE CORPORATION OF THE TOWNSHIP OF UXBRIDGE
BEING A BY-LAW RESPECTING DEVELOPMENT CHARGES
WHEREAS subsection 2(1) of the Development Charges Act, 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 for increased capital costs required
because of the needs for services arising from development in the area to which the by-
law applies;
AND WHEREAS the Council of The Corporation of the Township of Uxbridge
("Township of Uxbridge") has given Notice in accordance with Section 12 of the |
Development Charges Act, 1997, of its intention to pass a by-law under Section 2 of the
said Act; |
AND WHEREAS the Council of the Township of Uxbridge has heard all persons who |
applied to be heard no matter whether in objection to, or in support of, the development
charge proposal at a public meeting held on March 25th, 2024; |
AND WHEREAS the Council of the Township of Uxbridge had before it a report entitled
Development Charges Background Study dated March 7, 2024 (the "Study") prepared
by Hemson Consulting Ltd., wherein it is indicated that the development of any land
| within the Township of Uxbridge will increase the need for services as defined herein;
AND WHEREAS copies of the background study were made available on March 7,
2024 and copies of the proposed development charges by-law were made available on |
March 7, 2024 to the public in accordance with Section 12 of the Act;
AND WHEREAS the Council of the Township of Uxbridge on May 6, 2024 approved the
applicable Development Charges Background Study, date March 7, 2024 in which
certain recommendations were made relating to the establishment of a development
charge policy for Township of Uxbridge pursuant to the Development Charges Act,
| 1997;
AND WHEREAS by resolution adopted by Council of The Corporation of the Township |
of Uxbridge on May 6, 2024 Council determined that the increase in the need for
services attributable to the anticipated development as contemplated in the
Development Charges Background Study dated March 7 2024 including any capital |
costs, will be met by updating the capital budget and forecast for the Township of |
Uxbridge, where appropriate.
AND WHEREAS by Resolution adopted by Council on May 6, 2024 Council approved |
the Study and determined that no further public meetings were required under Section |
| 12 of the Act; |
| AND WHEREAS by resolution adopted by Council of The Corporation of Township of |
Uxbridge on May 6, 2024 Council determined that the future excess capacity identified
in the Development Charges Background Study dated March 7 2024, shall be paid for
by the development charges contemplated in the said Development Charges
| Background Study, or other similar charges; |
| AND WHEREAS the Council of the Township of Uxbridge 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
a municipal-wide uniform basis;
AND WHEREAS the Development Charges Background Study dated March 7 2024
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 Township of Uxbridge will give consideration to
incorporate the asset management plan outlined in the Development Charges
Background Study within Township of Uxbridge's ongoing practices and corporate asset
management strategy.
NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF UXBRIDGE ENACTS AS
FOLLOWS:
1. Definitions
In this By-law,
"Act" means the Development Charges Act, 1997, S.O. 1997, c.27, as amended, and
all regulations enacted pursuant thereto;
"Agricultural Use" means a bona fide farming operation, including sod farms, the
breeding and boarding of horses, and greenhouses but excluding cannabis production
facilities;
"Air-supported Structure" means a structure consisting of a pliable membrane that
achieves and maintains its shape and is supported by internal air pressure;
"Apartment Building" means a residential building containing more than three
Dwelling Units where the Dwelling Units have a common entrance and are connected
by a common corridor and where none of the Dwelling Units is a Single Detached
Dwelling, a Semi-Detached Dwelling or a Row Dwelling;
"Apartment" means a dwelling unit in an apartment building or a dwelling unit located
within or above a commercial building;
"Board of Education" means a board defined in s.s.1(1) of the Education Act, R.S.O.
1990, c.E. 2, as amended;
"Building or Structure" means a structure occupying an area greater than 10 square
metres consisting of a wall, roof, and floor or any of them or a structural system serving
the function thereof, but does not include a farm building, but does include an air-
supported structure and an exterior storage tank;
"Building Code Act" means the Building Code Act, S.O. 1992, c. 23, as amended and |
all Regulations thereto including the Ontario Building Code, as amended;
"Commercial Use" means land, buildings or structures used, designed or intended for |
use for either both of office and retail uses as defined in this by-law; |
| "Development" means any activity or proposed activity in respect of the land that |
requires one or more of the approvals referred to in section 7 of this By-law, and |
includes 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 total floor area, and includes redevelopment;
"Development Charge" means a charge imposed pursuant to this By-law;
"Dwelling Unit" means any part of a building or structure designed or intended for use |
by one or more persons, in which sanitary conveniences and facilities for cooking or for
the installation of cooking equipment are provided and in which or for which a heating
system is provided, and which has a private entrance from outside the building or from a
common hallway or stairway inside and includes a special care/special need dwelling
unit;
"Farm Building" means a building or structure actually used as part of or in connection
with a bona fide farming operation and includes barns, silos and other buildings or
| structures ancillary to a bona fide farming operation, but excludes a Residential Use or
a Commercial Use;
"Floor" includes a paved, concrete, wooden, gravel, or dirt floor;
"Garden Suite" means a one-unit detached residential structure containing bathroom
and kitchen facilities that is ancillary to an existing Single Detached Dwelling, Semi-
Detached Dwelling, or Row Dwelling and that is designed to be portable.
"Grade" means the average level of proposed or finished ground adjoining a building or |
| structure at all exterior walls;
"Gross Floor Area" means the sum total of the areas of the floors in a building or
structure, whether at, above, or below-grade, measured between the exterior faces of |
the exterior walls of the building or structure or from the centre line of a common wall |
separating two uses, or from the outside edge of a floor where the outside edge of the
floor does not meet an exterior or common wall, and: |
(a) includes the floor area of a mezzanine and air-supported structure and the space
occupied by interior walls partitions; and
| (b) where a building does not have any walls, the total floor area shall be the sum
total of the area of land directly beneath the roof of the building and the total |
areas of the floors in the building or structure.
"Industrial" means manufacturing, assembling, processing, fabricating, refining,
research and development, storage of materials and products, truck terminals,
warehousing, and buildings and structures or portions thereof which are designed, used |
or intended to be used for a purpose, other than retail service or sales areas, storage or
warehousing in connection with retail sales or service areas and office areas, which is |
accessory to any of the foregoing uses, but the term "industrial" does not include any |
other non-residential use and "industrial use", "industrial building" and "industrial |
development" shall have similar meaning. |
"Institutional Development" means development of a building or structure intended
for institutional development use as defined by O. Reg. 82/98, |
"Local Board" means a local board as defined in the Municipal Affairs Act, other than a
board defined in subsection 1(1) of the Education Act,
"Cannabis Production Facilities" means a building used, designed or intended for
growing, cultivation, producing, testing, destroying, storing or distribution, excluding |
| retail sales, of marijuana or cannabis and for the purposes of the by-law is defined as a
non-residential use; |
"Mezzanine" means a mezzanine as defined in the Building Code Act; |
| "Multiple Dwellings" means all dwellings other than Single Detached Dwellings, Semi-
Detached Dwellings and Apartment House Dwellings;
"Non-Residential Uses" means land, buildings or structures or portions thereof used,
or designed or intended to be used for a use other than for a residential use;
"Non-Profit Housing Development" means the development of a building or structure
intended for use as a residential premises and developed by;
(a) a corporation to which the Not-for-Profit Corporations Act, 2010 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. 2022, c. 21, Sched. 3, s. 4.
"Office Use" means lands, buildings or structures used or designed or intended for use
for the practice of a profession, the carrying on of a business or occupation and, for
greater certainty, but without in any way limiting the generality of the foregoing, shall
include but not be limited to the office of a physician, lawyer, dentist, architect, engineer,
accountant, real estate or insurance agency, insurance company, veterinarian,
surveyor, appraiser, financial institution, consumer loan company, employment agency,
] advertising agency, consulting firm, business service, investment company, security
broker, mortgage company, medical clinic, builder, land developer,
"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. 1980, c. A. 31 as |
amended;
|
"Planning Act" means the Planning Act, R.S.O. 1990 c. P. 13, as amended, and all |
regulations enacted pursuant thereto; |
"Protracted" means in relation to a temporary building or structure the persistence of |
its construction, erection, placement on land, alteration or addition to it for a continuous
| period exceeding eight months;
"Redevelopment" means the construction, erection or placing of one or more buildings |
or structures on land where all or part of a building or structure has previously been |
demolished on such land, or changing the use of a building or structure from residential |
to non-residential or from non-residential to residential;
"Region" means the Regional Municipality of Durham;
"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 Uses" means land, buildings or structures or portions thereof used, |
designed, or intended to be used as living accommodation for one or more individuals |
with independent kitchen and bathroom facilities and includes a special care/special |
| need dwelling;
. .
| "Retail Use" means lands, buildings or structures used or designed or intended for use
for the sale or rental or offer for sale or rental of goods or services for consumption or
use and, for greater certainty, but without limiting the generality of the foregoing, shall
|
| |
include, but not be limited to, food stores, pharmacies, clothing stores, furniture stores, |
department stores, sporting goods stores, appliance stores, garden centres, automotive |
dealers, automotive repair shops, gasoline service stations, government owned retail |
facilities, private daycare, private schools, private lodging, private recreational facilities, |
| sports clubs, golf courses, skiing facilities, race tracks, gambling operations, medical |
clinics, funeral homes, motels, hotels, rooming houses, restaurants, theatres, facilities
for motion picture, audio and video production and distribution, sound recording
| services, self-storage facilities and secure document storage:
| "Row Dwelling" means a residential building consisting of three or more attached
single dwelling units with common walls, each of which has an independent entrance;
| "Semi-Detached Dwelling" means one of a pair of two attached single dwellings with a
common vertical wall dividing the pair of single dwellings vertically, each of which has
an independent entrance directly from the outside;
"Services" means services designated in this By-law including Schedule A to this By- |
law or in an agreement under section 44 of the Act, or both; |
|
| "Single Detached Dwelling" means a residential building consisting of one Dwelling |
Unit and not attached to another structure;
| "Special Care/Special Need Dwelling" means a building containing two or more rental
dwelling units; which units have a common entrance from street level; where the
occupants have the right to use in common, halls, stairs, yards, common rooms and
accessory buildings; that is designed to accommodate seniors, including independent
permanent living arrangements, and where support services such as meal preparation,
grocery shopping, laundry, housekeeping, nursing, respite care and attendant services
are provided at various levels.
"Temporary Building or Structure" means a building or structure constructed or
erected or placed on land for a continuous period not exceeding eight months, or an
addition or alteration to a building or structure that has the effect of increasing the total |
floor area thereof for a continuous period not exceeding eight months; |
|
"Township" means The Corporation of the Township of Uxbridge;
2. 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 a development charge is payable in any particular case and
for determining the amount of the charge shall be as set forth in sections 4
| through 18, inclusive of section 25 of this By-law;
(c) the rules developed under paragraph 10 of subsection 5(1) of the Act for
phasing in of development charges shall be as set forth in subsection
26(1) and 26(2) of this by-law: and
(d) the exemptions provided for by such rules shall be the exemptions set
forth in sections 19 through 23, inclusive of this By-law, the indexing of
charges shall be in accordance with section 16 of this By-law; and
(e) the redevelopment of land shall be in accordance with the rules set forth in
section 24 of this By-law. |
Lands Affected
3. This By-law applies to all lands in the geographic area of the Township of |
Uxbridge.
| Designation of Services
4. Itis hereby declared by Council that all development land within the area to
which this By-law applies will increase the need for services.
5. The development charge applicable to a development as determined under this
By-law shall apply without regard to the services required or used by an
individual development.
6. Development charges shall be imposed and reserve funds established for the
categories of services, set out in Schedule A, to pay for the increased capital
costs required because of increased needs for services arising from
development.
Approvals for Development
7. Development charges shall be imposed against all lands, buildings or structures
within the area to which this By-law applies if the development of such lands,
buildings or structures requires any of the following approvals:
(a) the passing of a zoning by-law or of an amendment thereto 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, or;
(g) the issuing of a permit under the Building Code Act, 1992 in relation to a
building or structure.
8. No more than one development charge for each service designated in section 6
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 section 7 are
required before the lands, buildings or structure can be developed.
9. Notwithstanding section 8 if two or more of the actions described in section 7
occur at different times, additional development charges shall be imposed in
respect of any increased or additional development permitted by those actions.
10.Where a development requires an approval described in section 7 after the
issuance of a building permit and no development charge has been paid, then
the development charge shall be paid prior to the granting of the approval
required under section 7.
11.If a development does not require a building permit but does require one or more
of the approvals described in section 7, then the development charge shall
nonetheless be payable in respect of any increased or additional development
permitted by such approval required for the increased or additional development
being granted.
12. Nothing in this By-law prevents Council from requiring, as a condition of an
agreement under sections 51 or 53 of the Planning Act, that the owner, at his or
her own expense, install such local services related to a plan of subdivision or
within the area to which the plan relates, as Council may require, or that the
owner pay for local connections to storm drainage facilities installed at the
owner's expense, or administrative, processing, or inspection fees.
Calculation of Develooment Charges
13. The development charge with respect to the use of any land, buildings or
structures shall be calculated as follows:
(a) in the case of residential development, or the residential portion of a
mixed-use development, based upon the number and type of dwelling
units; or
(b) in the case of non-residential development, or the non-residential portion
of a mixed-use development, based upon the Gross Floor Area of such
development.
Amount of Charge - Residential
14. The development charges described in Schedule B to this By-law 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 component of the mixed use building or structure,
according to the type of residential use.
Amount of Charge - Non-Residential
15. The development charges described in Schedule C 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, components of the
mixed use building or structure, and calculated with respect to each of the
services according to the Gross Floor Area of the non-residential use.
Indexing of Development Charges
16.
(1) The development charges set out in Schedule "B" hereto shall be adjusted
without amendment to this By-law annually on July 1st in each year,
commencing July 1st, 2025, and the development charges as set out in
Schedule "C" hereto shall be adjusted without amendment to this By-law
annually on July 1st in each year, commencing July 1st, 2025 in accordance
with the Statistics Canada Quarterly, Construction Price Statistics (catalogue
number 62-007) based on the 12 month period ending March 31.
(2) Notwithstanding subsection (1) the first adjustment will commence on July
1st, 2024 and shall be based upon the change in the index for the six (6)
month period preceding the most recent issue of the index.
Phasing and Timing of Calculation and Payment
17.
(1) Development charges shall be calculated, payable and collected as of the
date a building permit is issued in respect of each dwelling unit, building or
structure.
(2) Notwithstanding section 17(1) of this by-law, 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) Notwithstanding section 17(1) and 17(2) of this by-law, 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:
i. the date of the issuance of a permit under the Building Code Act, 1992
authorizing occupation of the building; and
ii. the date the building is first occupied and continuing on the following
five anniversaries of that date.
(4) Subject to section 24 (with respect to redevelopment) and subsection (5), the
| development charge shall be calculated as of, and shall be payable, on the
date the first building permit is issued in relation to a building or structure on
| land to which the development charge applies.
(5) Notwithstanding subsection (2) the Township may require an owner to enter
into an agreement, including the provision of security for the owner's
obligations under agreement, pursuant to section 27 of the Act providing for
all or part of a development charge to be paid before or after it otherwise
would be payable. The terms of such agreement as they relate to the timing
of the payments shall then prevail over the provision of this By-law.
Payment by Money or the Provision of Services
18.
(1) Payment of development charges shall be by cash or by certified cheque.
(2) In the alternative to payment by the means provided in subsection (1), the
Township may, by an agreement entered into with the owner, accept the
provision of services in full or partial satisfaction of the development charge
| otherwise payable provided that:
|
(a) if the Township and the owner cannot agree as to the reasonable cost of
doing the work under sub-section (2), the dispute shall be referred to
Council whose decision shall be final and binding.
(b) if the credit for the provision of the service exceeds the amount of the
development charge for the service to which the work relates,
i. | the excess amount shall not be credited against the development
charge for any other service, unless the Township has so agreed
in an agreement under Section 39 of the Act; and
ii. in no event shall the Township be required to make a cash
payment to the credit holder.
(3) Nothing in this By-law prevents Council from requiring, as a condition of any
approval given under the Planning Act that the owner, at the owner's
expense, install such local services as Council may require in accordance
with the Township's local services' policies in effect at the time.
} Rules with Respect to Exemptions for Intensification of Existing Housing and Discounts
| for Rental Housing Development
19.
(1) Notwithstanding the provisions of this By-law, and in accordance with
sections 2(3), 2(3.1), 2(3.2) and 2(3.3) of the Act and any amendments
thereof, development charges shall not be imposed with respect to,
(a) the enlargement of an existing residential dwelling unit;
(b) 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;
(c) the creation of the following as it relates to the creation of additional
residential dwelling units in existing residential buildings;
- Asecond residential unit in an existing single-detached house, semi-
detached house or rowhouse on a parcel of land on which residential
use, other than ancillary residential use, is permitted, if all buildings
and structures ancillary to the existing single-detached house, semi-
detached house or rowhouse cumulatively contain no more than one
residential unit.
- A third residential unit in an existing single-detached house, semi-
detached house or rowhouse on a parcel of land on which residential
use, other than ancillary residential use, is permitted, if no building or
structure ancillary to the existing detached house, semi-detached
house or rowhouse contains any residential units
- One residential unit in a building or structure ancillary to an existing
single-detached house, semi-detached house or rowhouse on a
parcel of land, if the existing detached house, semi-detached house
or rowhouse contains no more than two residential units and no other
building or structure ancillary to the existing detached house, semi-
detached house or rowhouse contains any residential units
(d) the creation of the following as it relates to the creation of additional
residential dwelling units in new residential buildings,
- Asecond residential unit in a new single-detached house, semi-
detached house or rowhouse on a parcel of land on which
residential use, other than ancillary residential use, is permitted, if all
buildings and structures ancillary to the new single-detached house, |
semi-detached house or rowhouse cumulatively will contain no more
than one residential unit.
- A third residential unit in a new single-detached house, semi-
detached house or rowhouse on a parcel of land on which
residential use, other than ancillary residential use, is permitted, if no
building or structure ancillary to the new single-detached house,
semi-detached house or rowhouse contains any residential units.
- One residential unit in a building or structure ancillary to a new
single-detached house, semi-detached house or rowhouse on a
parcel of land, if the new detached house, semi-detached house or
rowhouse contains no more than two residential units and no other
building or structure ancillary to the new single-detached house,
| semi-detached house or rowhouse contains any residential units.
(2) 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 rules outlined in the Act, as amended.
Rules with Respect to Industrial Exemptions
20. If a development includes the development of an Industrial building or structure
or in the case of a mixed use building or structure, on the industrial component of
the mixed use building or structure, the amount of the development charge that is
payable is the following:
(a) If a development includes the enlargement of the gross floor area of an
existing industrial building, the amount of the development charge that
is payable in respect of the enlargement is determined in accordance
with this section:
i. if the gross floor area is enlarged by 50 percent or less, the
amount of the development charge in respect of the
enlargement is zero; or
li. if the gross floor area is enlarged by more than 50 percent, the
amount of the development charge in respect of the
enlargement is the amount of the development charge that
would otherwise be payable multiplied by the fraction
determined as follows:
1. Determine the amount by which the enlargement
exceeds 50 per cent of the gross floor area before the
enlargement.
2. Divide the amount determined under paragraph 1 by
the amount of the enlargement.
(b) For the purposes of subsection 20(a) the following provisions apply:
i. the gross floor area of an existing industrial building shall be
calculated as it existed as of the date this By-law comes into
force;
li. subject to b(iii) below, the enlargement need not be an attached
addition or expansion of an existing industrial building, but
rather may be a new standalone structure, provided it is located
on the same parcel of land as the existing industrial building
ii. inthe event that the enlargement is in the form of a standalone
building or structure located on the same parcel of land as per
b(ii) above, prior to the issuance of a building permit for the
standalone building or structure, the owner shall be required to
enter into an agreement with the Township under section 27 of
the Act respecting the timing and calculation of payment of
development charges, notice of which the owner shall register
on the title to the lands at its sole cost and expense with the
intention that the provisions shall bind and run with title to the
lands. Such agreement will require that an event that the lands
upon which any standalone building or structure is located are
the subject of an application for consent under section 53 of the
Planning Act; or for which a by-law is passed under subsection
50(7) of the Planning Act, within 10 years of building permit
issuance for such standalone building or structure, that the
development charges that would have been otherwise payable
for such standalone building or structure, shall become due and
payable.
(c) In this section "gross floor area" means the total floor area, measured
between the outside of exterior walls or between the outside of exterior
walls and the centre line of party walls dividing the building from
another building, of all floors above the average level of finished
ground adjoining the building at its exterior walls.
21. The following categories of institutions are hereby designated as being exempt
from the payment of development charges:
(a) buildings or structures used as hospitals governed by the Public Hospitals
Act, R.S.O 1990, c. P.40;
(b) buildings or structures owned by and used for the purposes of the
Township, the Region, or their local boards;
(c) buildings or structures owned by a board of education and used for
school purposes;
(d) buildings or structures owned by and used for the purposes ofa
university established by an Act of the Legislative Assembly of Ontario.
(e) Development in relation to lands to be used as a place of worship and
land used in connection therewith, a churchyard, cemetery or burying
ground exempt under the Assessment Act, R.S.O. 1980, c. 31, as
amended, for taxation purposes;
(f) Development of Farm Buildings;
(g) any part of a building or structure used for the parking of motor vehicles,
excluding parking spaces for display of motor vehicles for sale or lease or
parking spaces associated with the servicing of motor vehicles;
(h) Affordable housing as defined by subsection 4.1 of the Act; and
(i) Non-Profit Housing Development.
Agricultural Uses
22.Agricultural uses as well as farm buildings and other ancillary development
to an agricultural use excluding any residential, commercial or cannabis
production facilities uses shall be exempt from the provisions of this By-law.
Temporary Buildings or Structures
23.
(1) Temporary buildings or structures shall be exempt from the provisions of
this by-law.
(2) In the event that a temporary building or structure becomes protracted, it
shall be deemed not to be nor ever to have been a temporary building or
structure, and the development charges required to be paid under this By-
| law shall become payable on the date the temporary building or structure
| becomes protracted.
|
(3) Prior to the Township issuing a building permit for a temporary building or
structure, the Township may require an owner to enter into an agreement,
including the provision of security for the owner's obligation under the
agreement, pursuant to section 27 of the Act providing for all or part of the
development charge required by subsection (2) to be paid after it would
otherwise be payable. The terms of such agreement shall then prevail over
the provisions of this By-law, as it relates to the timing of payment.
|
|
Rules with Respect to the Redevelopment of Land
24.
(1) Where there is a redevelopment of land on which there is a conversion of
space proposed, or on which there was formerly erected a building or
structure that has been demolished, a credit shall be allowed against the
development charge otherwise payable by the owner pursuant to this By-
law for the portion of the previous building or structure still in existence that |
is being converted or for the portion of the building or structure that has |
been demolished, as the case may be, calculated by multiplying the
number and type of dwelling units being converted or demolished or the
non-residential Gross Floor Area being converted or demolished by the
relevant development charge in effect on the date when the development
charge is payable in accordance with this By-law.
(2) A credit in respect of any residential demolition under this section shall not
be given unless a building permit has been issued or a subdivision
| agreement has been entered into with the Township for the development
| within 5 years from the date the demolition permit was issued.
(3) A credit in respect of any non-residential demolition under this section shall
not be given unless a building permit has been issued or a subdivision
agreement has been entered into with the Township for the development
within 10 years from the date the demolition permit was issued
(4) The amount of any credit hereunder shall not exceed, in total, the amount
of the development charges otherwise payable with respect to the
development.
Previous Capital Contributions
25. Where an owner or former owner of land to which this By-law applies has paid
to the Township a prior capital contribution for residential development as
| required by an agreement between the Township and the owner or former
| owner, the Township will recognize as a credit towards a development charge
] imposed under this By-law, an amount equal to the capital contributions
previously paid for residential development (as indexed in accordance with the
then capital contributions policy of the Township to the date the development
| charge imposed under this By-law is paid) expressed as a dollar amount per
unit for the land to which the development charge imposed under this By-law
applies.
Phase-in of Development Charges and Transition Provisions
26.
(1) Development charges shall be phased in accordance with the requirements
of the Act, as amended. |
(2) Notwithstanding Section 17 where the Township has received a completed |
building permit application and all required plans and documentation prior
to by- law passage, the development charge payable for the issuance of
that permit shall be the development charge in effect under By-law 2019-
076 as amended, if said permit is actually issued prior to 30 days following
the date of passage of this by-law. Permits issued after this date shall pay |
the development charges under this by-law.
|
| |
Interest
| 27. The Township shall pay interest on a refund under subsection 18(3) and 25(2)
of the Development Charges Act, 1997 at a rate equal to the Bank of Canada |
rate on the date this By-law comes into force.
Front Ending Agreements
28. The Township may enter into front ending agreements under Part III of the Act.
Schedules
29. The following Schedules to this By-law form an integral part of this By-law.
Schedule 'A' Designated Services
Schedule 'B' Schedule of Residential Development Charges
Schedule 'C' Schedule of Non-Residential Development Charges
By-law Registration
|
30.A certified copy of this By-law may be registered in the by-law register in the
Land Registry Office against all land in the Township and may be registered
against title to any land to which this By-law applies.
| Date By-law Effective |
31. This By-law comes into force on the date of passage hereof.
|
Repeal |
| 32.By-law No. 2019-076 as amended is hereby repealed effective on the date this |
| By-law comes into force.
I
Headings for Reference Only |
33. The headings inserted in this By-law are for convenience of reference only and
| shall not affect the construction or interpretation of this By-law. |
| Severability |
34. If, for any reason, any provision, section, subsection or paragraph of this By-
law is held 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 or amended, in whole or in part or dealt with in any other
way.
READ a FIRST, SECOND and THIRD TIME and finally sSed 6' day of
May, 2024. " , W-
DAVE BARTON
| MAYOR
DEBBIE LEROUX
CLERK
|
]
TOWNSHIP OF UXBRIDGE
BY-LAW 2024-039
SCHEDULE "A"
DESIGNATED SERVICES |
Development-Related Studies* |
Library Services
Fire Services
Parks & Recreation
By-Law Enforcement
* To be in effect immediately upon amendment to the Act
|
|
|
|
TOWNSHIP OF UXBRIDGE
| BY-LAW 2024-039
SCHEDULE "B"
SCHEDULE OF RESIDENTIAL DEVELOPMENT CHARGES
cocoa mca peescos
; Apartments
Detached Other Multiples Needs
Development-Related Studies $45 $37 $24 $16
Library Services $1,465 $1,188 $776 $534
Fire Services $1,520 $1,233 $805 $554
By-Law Enforcement $88 $71 $47 $32
Parks & Recreation $13,594 $11,028 $7,202 $4,951
|
| |
| |
TOWNSHIP OF UXBRIDGE
BY-LAW 2024-039
SCHEDULE "C" |
SCHEDULE OF NON-RESIDENTIAL DEVELOPMENT CHARGES
Non-Residential
Charge
SERVICE ($/sq.m)
Development-Related Studies $0.42
Library Services $0.00
Fire Services $14.05
By-Law Enforcement $0.00 |
Parks & Recreation $0.00
|
|
|