THE CORPORATION OF THE TOWNSHIP OF RIDEAU
LAKES
BY-LAW NO. 2009-78
BEING A BY-LAW TO ESTABLISH DEVELOPMENT CHARGES
WHEREAS the Council of the Corporation of the Township
of Rideau Lakes (hereinafter referred to as “the Council”) anticipates that the
Corporation of the Township of Rideau Lakes (hereinafter called “the
Municipality”) will experience additional development, including redevelopment
throughout the Municipality in the next ten years and Council further
anticipates that this development will increase the need for services;
AND WHEREAS Section 2 of the Development Charges
Act 1997 (hereinafter referred to as “the Act”) authorizes Council
to pass a By-law for the imposition of Development Charges in certain
circumstances where the development of land increases the need for services;
AND WHEREAS Council retained the services of Clark
Consulting Services to prepare a report and make recommendations with
respect to establishing a Development Charge Policy;
AND WHEREAS Council wishes to establish a Development
Charges By-law to provide for the collection of Development Charges under The
Development Charges Act, 1997;
AND WHEREAS Council held a public information meeting
on July 30, 2009;
AND WHEREAS Council desires to ensure that the capital
cost of meeting growth related demands for, or a burden on, municipal services
does not place a financial burden on the Municipality and the existing
taxpayers;
AND WHEREAS Council has received and studied a report
“The Corporation of the Township of Rideau Lakes Development Charges Study”
prepared by Clark Consulting Services dated October, 2008,
(hereinafter referred to as the “Clark Report”) and approves the
calculations therein as an accurate indication of Council’s intention with
respect to collecting a charge for excess capacity available in the existing
infrastructure and future anticipated capital expenditures, and approves
Recommendations
therein, as hereinafter noted, including:
i) a uniform charge for each
particular service anywhere in the Municipality;
ii) service standards based on the
existing (or highest in the past ten years) service standard of the
Municipality;
iii) that Development Charges be
established for all development based on capital expenditure benefit
attributions;
AND WHEREAS Council has considered the comments of
people at the said public meetings and comments subsequently received;
AND WHEREAS Council has complied with the
pre-enactment requirements set out in Section 10, 11 & 12 of the Act;
AND WHEREAS Section 163 of the Municipal Act,
R.S.O. 1990, c. M45, in part authorizes Council to set up and maintain a
consolidated reserve account;
NOW THEREFORE this By-law is ENACTED as a By-law
of the Corporation of the Township of Rideau Lakes as follows:
DEFINITION
AND USES:
1. In this By-Law, unless a contrary intention
appears, a term has the same meaning as that which exists in the Act or
any Regulation made pursuant to Section 68 of the Act, both as amended from
time to time.
2. In this By-Law:
i) “Advance Services” means those
service components set out in Schedule “B” asAdvance Services.
ii) “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 thereof and includes preparation for such
building activity and redevelopment.
iii) “Development Charge” means a
charge calculated in accordance with the rules set out in the Development
Charges Act, 1997 and imposed against development in the Municipality as
set out in this By-law.
iv) “Dwelling Unit” means any part
of a building or structure used or designated to be used as a domestic
establishment in which one or more persons may sleep, prepare and serve meals
except in the case of a special needs dwelling designed for communal style
occupancy and not included as an institutional use as defined in subsection 5.
For special needs housing a Dwelling Unit shall mean a room or suite of rooms
designated for residential occupancy by one or more persons with or without
exclusive sanitary and/or culinary facilities.
v) “Farm Building” means any part
of a building which is not used for residential purposes and which building is
located on 3 or more hectares of land and which building is used solely for
farm and farm related activities carried out on the same farm and includes
barns, implement sheds, seasonal roadside stands and silos but does not include
processing or year round wholesale or retail facilities.
vi) “Grade” means the average level
of finished ground adjoining a building or structure at all exterior walls.
vii) “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.
viii) “Owner” means the
owner(s) of land, or a person who has made application for an approval for the
development of land upon which a Development Charge is imposed.
ix) “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, as amended.
x) “Use” means occupation and
utilization for a particular purpose, practice or benefit.
3. Pursuant to Section 3 (3) (a) of the Act,
all uses of land, buildings or structures upon which Development Charges are
imposed within the Municipality are:
i) a residential development;
ii) a non-residential
development;
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 of dwelling units;
b) in the case of
non-residential development or the non-residential portion of a mixed-use
development based upon the Gross Floor Area devoted to the use.
4. In this By-law “residential” means
designed, adopted or used as a home or residence of one or more individuals who
reside or dwell there permanently or seasonally and includes:
i) a “single detached dwelling”
means a residential building consisting of one dwelling unit and not attached
to another structure;
ii) a “semi-detached dwelling”
means a residential building that is divided vertically into two or more
dwelling units, each dwelling unit having one or two vertical walls, but
no other parts attached to another structure;
iii) a “row dwelling” means a
residential building containing not less than three units with each unit
separated by a common or party wall or walls with a separate outside entrance
to each unit;
iv) a “duplex dwelling” means a
residential building that is divided horizontally into two dwelling units;
v) a “triplex dwelling” means a
residential building that is divided into three dwelling units;
vi) an “apartment building” means a
residential building, consisting of four or more dwelling units, which is not a
single detached dwelling, a semi-detached dwelling, a row dwelling, a duplex or
a triplex;
vii) a “seasonal dwelling” means a
single detached dwelling occupied on a non-permanent basis, the owner(s),
occupant(s), having another permanent address, but does not include
nursing homes, hotels, motels, tourist homes, bed & breakfast
establishments, student residences, barracks, or any other development of an
institutional nature and included in the Municipality’s Zoning By-law as a
non-residential use.
5. In this By-law “non-residential
development” means development other than residential development as defined
above, and includes development for commercial, farm, industrial and
institutional uses. “Institutional Uses” include student residences, nursing
homes, and seniors’ accommodation which consist of bedrooms with or without
private sanitary facilities, plus common areas for kitchen and eating
facilities and common recreation/activity areas.
LANDS
AFFECTED:
6. Pursuant to Section 2 (7) of the Act, this
By-law applies to all lands within the geographic limits of the Corporation of
the Township of Rideau Lakes (hereinafter referred to as “the Municipality”),
whether or not the land or use is exempt from taxation under Section 13 of the Assessment
Act, R.S.O., 1990.
DESIGNATED
SERVICES:
7. Pursuant to Section 7 of the Act, the
Municipality hereby designates the services listed in Schedule “A” attached
hereto and forming part of this By-law as the services for which the
Development Charge is imposed.
DEVELOPMENT
CHARGES IMPOSED:
8. Subject to Section 9 below and Sections 6
of the Act, Development Charges as hereinafter provided shall be imposed upon,
and shall be applied, calculated and collected in accordance with the
provisions of this By-law in connection with the development of all land within
the Municipality for residential uses and non-residential uses where,
i) the development of the land
will increase the need for services, and
ii) the development requires,
a) the passing of a Zoning By-law
or of an amendment thereto under section 34 of the Planning Act, R.S.O.,
1990,
b) the approval of a minor variance
under section 45 of the Planning Act, R.S.O., 1990,
c) a conveyance of land to which a
By-law passed under subsection 50 (7) of the Planning Act, R.S.O., 1990,
d) the approval of a plan of
subdivision under section 51 of the Planning Act, R.S.O., 1990,
e) a consent under section 53 of
the Planning Act, R.S.O., 1990
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, in relation to a building or structure.
DEVELOPMENT
CHARGES - AMOUNTS:
9. (1) Residential
The amount of the Residential Development Charge payable with respect
to lands which are the subject of any approvals mentioned in Section 8, above
shall be calculated in accordance with Schedule “B”, subject to any exemption
hereinafter provided.
(2) Non-residential
The amount of the Non-Residential Development Charge payable with
respect to lands which are the subject of any approvals mentioned in Section 8
above shall be calculated in accordance with Schedule “B”, subject to any
exemptions herein after provided.
(3) Institutional
Notwithstanding Section 9(2) above, for Institutional uses, the charge
shall be calculated on the basis of 50% of the rate set out in Schedule “B”
subject to any exemptions herein after provided.
CREDITS/ANNUAL
ADJUSTMENT:
10. (1) Credit for previous Development
Charge Payments and lot levies: A credit shall be applied to the Development
Charge calculated in Section 9(1) above for any previous Development
Charge or lot levy payment. The onus shall be upon the owner/applicant
to provide proof of earlier payments.
(2) The
Development Charge for Non-Residential Development shall be adjusted annually on
January 1st of each year to reflect the change in Construction Prices as
reported in the Statistics Canada Quarterly Construction Price Statistics
publications (catalog no. 62-007).
EXEMPTIONS:
11. Notwithstanding Section 8 above, no
Development Charge shall be imposed with respect to developments or portions of
developments as follows:
a) the enlargement of an existing
dwelling unit;
b) the creation of up to two
additional dwelling units in an existing single-detached dwelling where the
total gross floor area of the additional units does not exceed the gross floor
area of the existing dwelling unit;
c) the creation of one additional
dwelling unit in any other existing residential building provided the gross
floor area of the additional unit does not exceed the maximum allowed by the
Regulations made under The Development Charges Act, 1997, in force at
the time of filing of the building permit application;
d) buildings or structures to be
used as hospitals as governed by the Public Hospitals Act, R.S.O., 1990;
e) buildings or structures owned by
and used for the purposes of any municipality, County, or local board;.
f) buildings or structures owned by
the Board of Education and/or separate school board and used for school
purposes;
g) buildings or structures used as
farm buildings;
h) with respect to non-residential
development or a portion of non-residential development in the following circumstances:
i) for enlargement, the new floor
area up to a maximum of 50% of existing gross floor area;
ii) for a new building up to 250
sq. m. of gross floor area.
SPECIAL
PROVISIONS:
12. Development Charges are hereby imposed upon
all lands that are developed for residential or non-residential uses, in
accordance with Section 9 above insofar as,
a) the growth-related net capital
costs are attributable development, and
b) the growth-related net capital
costs are attributable to the service being provided at the time of enactment
of this By-law, and the standard of service prevailing at the time this By-law
is enacted or at any time within the ten year period preceding enactment of
this By-law is maintained.
13. (1) Where two or more of the
actions described in Section 8(ii) are applicable, only one Development Charge
shall be calculated and collected in accordance with the provisions of this
By-law.
(2) Notwithstanding Subsection (1),
if two or more of the actions described in Section 8 (ii) occur at different
times, and if the subsequent action has the effect of increasing the need for
municipal services as designated in Schedule “A”, an additional Development
Charge on the additional residential units and/or non-residential floor area
shall be calculated and collected in accordance with the provision of this
By-law.
TIMING OF
CALCULATION AND PAYMENT:
14. (1) The Development Charge
shall be calculated as of, and shall be payable on, the date a building permit
is issued in relation to a building or structure on land to which the
Development Charge applies, less any amount paid pursuant to subsection (2)
after the enactment of this By-law.
(2) Notwithstanding subsection (1),
those portions of the Development Charge attributable to Advance Services shall
be payable, with respect to an approval of a plan of subdivision under section
51 of the Planning Act, R.S.O., 1990 as amended, immediately upon the
owner entering into the subdivision agreement, subject to any applicable
exemptions contained in this By-law, and calculated as follows:
In the case of residential development or the residential portion of a
mixed-use development, based upon:
i) the
proposed number of dwelling units; and
ii) with
respect to blocks intended for future development, the maximum number of
dwelling units permitted under the contemplated zoning;
In the case of non-residential development or the non-residential
portion of a mixed-use development based upon the maximum floor area permitted
under the contemplated zoning.
15. Notwithstanding Section 14 above, an Owner
and the Municipality may enter into an agreement:
a) providing for the payment of a
Development Charge before otherwise required;
b) providing for payment of all or
any portion of the Development Charge on dates later than the issuing of a
building permit or the entering into of a subdivision agreement; and/or
c) whereby an owner provides
services in lieu of the payment of all or any portion of a Development Charge.
DEMOLITION
CREDIT:
16. Upon presentation of satisfactory evidence
to the Municipality of the pre-demolition development of the property, where
there is a redevelopment of land on which there was formerly erected a building
or structure, the following credit shall be allowed against the Development
Charge otherwise payable pursuant to this By-law which credit shall be
calculated:
a) with respect to a residential
building or structure or the residential portion of a mixed-use building or
structure that has been demolished, by multiplying the number of dwelling units
demolished within two years of the date of building permit application by the
Development Charge for the relevant demolished units in effect on the date when
the units are demolished or October 1, 1998, whichever is the later date.
b) with respect to a
non-residential building or the non-residential portion of a mixed-use building
or structure that has been demolished by multiplying the Gross Floor Area of
that portion of the building demolished within two years of the date of the
building permit application by the applicable Development Charge for the
relevant demolished building or structure in effect on the date when the
building or structure was demolished on October 1, 1998 whichever is the later
date.
c) the replacement of a building
destroyed by fire or similar unintended action shall be exempt from payment of
a Development Charge so long as the replacement occurs in a reasonable time and
the replacement is for the same number of residential units or for a
non-residential building of the same floor area. Additional residential units
or non-residential floor area shall be subject to the normal provisions of this
by-law.
PAYMENT BY
MONEY OR THE PROVISION OF SERVICES:
17. (a) Payment of Development
Charges to the Municipality shall be by cash or as permitted by the normal
standards of the Development Services Department.
(b) In the alternative to payment by
the means provided in subsection (1), the Municipality 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.
BUILDING
PERMIT ISSUANCE:
18. Where Development Charges apply to land in
relation to which a building permit is required, unless an agreement is entered
into pursuant to subsection 17 (2) above, the building permit shall not be
issued until the Development Charge has been paid in full.
DEVELOPMENT
CHARGE RESERVE FUNDS:
19. All payments received by the Municipality
pursuant to this By-law, including income on investments of the reserve funds,
shall be apportioned among the reserve funds in accordance with Schedule “B” and
paid into the respective reserves as follows:
Portion of Municipal Wide Development Charges:
|
Basic
|
Residential
|
Non-Residential
|
|
Planning
Services
|
4.8%
|
5.42%
|
|
Roads &
Bridges
|
57.1%
|
64.10%
|
|
Streetlighting
|
0.3%
|
0.38%
|
|
Fire &
Rescue
|
23.1%
|
25.91%
|
|
Emergency
Management
|
1.1%
|
1.23%
|
|
By-law
Enforcement
|
0.5%
|
0.56%
|
|
Police
Services
|
0.3%
|
0.30%
|
|
Community
& Leisure
|
10.5%
|
0.00%
|
|
Library
|
0.4%
|
0.00%
|
|
Environmental
Services
|
1.9%
|
2.10%
|
WITHDRAWALS FROM RESERVE FUNDS:
20. That
no monies be withdrawn from the said Reserve Funds except:
i) refunds,
including interest, if applicable, as hereinafter set out, and
ii) to
meet growth related net capital costs for which the Development Charge was
imposed, as set out in Appendix “B” of the Clark Report, subject
to any modifications to project definition, budget priority and phasing , as
may occur as part of the Municipality’s annual Capital Budget process, or
amendments to this By-law. Council may withdraw funds from the Municipal
Services Reserve Fund based on project definition, budget priority and phasing
as aforesaid.
ANNUAL STATEMENTS RE RESERVE FUNDS:
21. That
the Treasurer provide an Annual Statement to Council on or before May 31 of
each year for the preceding calendar year for each Development Charge reserve
fund, in accordance with the format set out in Schedule “C” attached hereto and
forming part of this By-law.
REFUNDS:
22. Notwithstanding
the foregoing, if a Development Charge is paid at the time a building permit is
issued and no building proceeds pursuant to the said permit and the building
permit has expired, the registered owner may apply to the Treasurer of the
Municipality for a refund of the Development Charge paid at the time the
building permit was issued within one year of
payment
to the Municipality provided the building permit is surrendered with the said
refund application, if not already surrendered.
Where this By-law or
any Development Charge prescribed under this By-law is amended or repealed
either by order of the Ontario Municipal Board or by resolution of the Council,
the Treasurer shall forthwith calculate and refund the amount of any
overpayment as a result of such amendment or repeal.
Upon issuing a
refund, the Municipality will retain an administrative fee of $150.00 per
building application.
23. Refunds
that are required to be paid under section 22 shall be paid with interest to be
calculated from the date on which the overpayment was collected to the date on
which the refund is paid. The interest rate shall be the Bank of Canada rate
on the day the by-law comes into force updated on the first business day of
every January, April, July and October.
FULL FORCE AND EFFECT
24. This
By-law, known as the “Development Charges By-law, 2009", shall come into
force and effect on the date of adoption by Council.
25. This
By-law shall continue in force and effect until five years from the date of
adoption by Council, unless it is repealed at an earlier date.
READ a FIRST and SECOND TIME THIS ___5th_________ day of ____October_______, 2009.
_____________________________ __________________________
Ronald E. Holman Dianna
G. Bresee
Mayor Clerk
READ a THIRD TIME and FINALLY passed in this __5th____ day of __October_______,
2009.
_____________________________ __________________________
Ronald E. Holman Dianna
G. Bresee
Mayor Clerk
SCHEDULE ‘A’
TO BY-LAW 2009-78
Designated Service Categories for
which Development Charges are imposed.
1. PLANNING
SERVICES
2. ROADS
& BRIDGES
3. STREETLIGHTING
4. FIRE
& RESCUE
5. EMERGENCY MANAGEMENT
6. BY-LAW ENFORCEMENT
7. POLICE SERVICES
8. COMMUNITY
& LEISURE
9. LIBRARY
10. ENVIRONMENTAL
SERVICES
All as more particularly set out in a Report by Clark
Consulting Services dated October, 2008.
Designated Services do not include local services and
local connections as excluded by Section 2(5) of the Act.
By-law 2009-78