2020-70 Development Charges By-law

THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD

BY-LAW NUMBER 2020-70

A BY-LAW TO ESTABLISH DEVELOPMENT CHARGES FOR
THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD

No amendments to date.

This by-law is printed under and by authority of the Council of the Township of Southwold.

Disclaimer: The following by-law is an electronic reproduction made available for information only. It is not an official version of the by-law. The format may be different, and plans, pictures, other graphics, or text may be missing or altered. The Township of Southwold does not warrant the accuracy of this electronic version. This by-law cannot be distributed or used for commercial purposes. It may be used for other purposes only if you repeat this disclaimer and the notice of copyright. Official versions of all by-laws can be obtained from the Clerk’s Department by calling 519-769-2010.

NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF SOUTHWOLD ENACTS AS FOLLOWS:

DEFINITIONS

In this by-law,

(1) "Accessory Use" means that the use, building or structure or part thereof is naturally and normally incidental to or subordinate in purpose or both, and exclusively devoted to a principal use, building or structure;

(2) "Act" means the Development Charges Act, 1997, c. 27;

(3) "Agricultural use" means use or intended use for bona fide farming purposes where the proposed development will qualify as a farm business operating with a valid Farm Business Registration Number issued by the Ontario Ministry of Agriculture, Food and Rural Affairs or be assessed in the Farmland Realty Tax Class by the Municipal Property Assessment Corporation, but excluding

a) retail sales activities; including but not limited to restaurants, banquet facilities, hospitality facilities and gift shops;

b) services related to grooming, boarding or breeding of household pets; and

c) marijuana processing or production facilities.

(4) "Apartment dwelling" means any dwelling unit within a building containing more than four dwelling units where the units are connected by an interior corridor. Despite the foregoing, an apartment includes stacked townhouse dwellings;

(5) "Bedroom" means a habitable room larger than seven square metres, including a den, study, or other similar area, but does not include a living room, dining room or kitchen;

(6) "Board of education" means a board defined in s.s. 1(1) of the Education Act, R.S.O. 1990, c.E.2;

(7) "Building Code Act" means the Building Code Act, R.S.O. 1992, c.23;

(8) "Capital cost" means costs incurred or proposed to be incurred by the municipality or a local board thereof directly or by others on behalf of, and as authorized by, the municipality or local board,

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 or structures

d) to acquire, lease, 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, and

iii) material acquired for circulation, reference or information purposes by a board within the meaning of the Public Libraries Act, R.S.O. 1990, c.P.44, as amended or any successor thereof; and

e) to undertake studies in connection with any of the matters referred to in clauses (a) to (d);

f) to complete the development charge background study under Section 10 of the Act;

g) interest on money borrowed to pay for costs in (a) to (d); required for provision of services designated in this by-law within or outside the municipality;

(9) "Council" means the Council of The Corporation of the Township of Southwold;

(10) "Commercial" means a building used for any use other than for residential, institutional, or industrial uses, and includes self-storage facilities;

(11) "Development" means any activity or proposed activity in respect of land that requires one or more of the actions referred to in section 6 of this by-law and including the redevelopment of land or the redevelopment, expansion, extension or alteration of a use, building or structure except interior alterations to an existing building or structure which do not change or intensify the use of land;

(12) "Development charge" means a charge imposed pursuant to this By-law;

(13) "Dwelling unit" means a room or suite of rooms used, or designed or intended for use by, one person or persons living together, in which culinary and sanitary facilities are provided for the exclusive use of such person or persons, including time share units;

(14) "Farm building" means that part of a bona fide farm operation encompassing barns, silos, and other ancillary development to an agricultural use, but excluding a residential use;

(15) "Gross floor area" means the total floor area measured from the exterior face of outside walls, or between the outside of exterior walls and the centre line of party walls dividing the building from another building, including basements, mezzanines, and upper floors;

(16) "Industrial Use" 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, excluding self-storage facilities and including office uses and the sale of commodities to the general public where such uses are accessory to an industrial use;

(17) "Institutional" means land, buildings, structures or any part thereof used by any organization, group or association for promotion of charitable, educational or benevolent objectives and not for profit or gain. For the purposes of Subsection 11 (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;

b) as a retirement home within the meaning of subsection 2 (1) of the Retirement Homes Act, 2010;

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) 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;

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;

(18) "Local board" means a public utility commission, public library board, local board of health, or any other board, commission, committee or 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 of the municipality or any part or parts thereof;

(19) "Local services" means those services or facilities which are under the jurisdiction of the municipality and are related to a plan of subdivision or within the area to which the plan relates, required as a condition of approval under s.51 of the Planning Act, or as a condition of approval under s.53 of the Planning Act;

(20) "Multiple dwelling" means all dwellings other than single detached dwellings, semi-detached dwellings, and apartment dwellings;

(21) "Municipality" means The Corporation of the Township of Southwold;

(22) "Non-residential uses" means a building or structure used for other than a residential use;

(23) "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;

(24) "Planning Act" means the Planning Act, 1990, R.S.O. 1990, c.P.13 as amended;

(25) "Regulation" means any regulation made pursuant to the Act;

(26) “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;

(27) "Residential uses" means lands, buildings or structures or portions thereof used, or designed or intended for use as a home or residence of one or more individuals, and shall include a single detached dwelling, a semi-detached dwelling, a multiple dwelling, an apartment dwelling, and the residential portion of a mixed-use building or structure;

(28) "Semi-detached dwelling" means a building that is divided vertically into two dwelling units each of which has an independent entrance or an entrance through a common vestibule and which building has no access directly between the two units;

(29) "Single detached dwelling" means a completely detached building containing only one dwelling unit; and

(30) “Stacked townhouse dwelling” means two townhouse dwellings, one on top of each other;

(31) “Townhouse dwelling” means 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

2. Calculation of Development Charges

(1) Subject to the provisions of the By-law, development charges against land shall be imposed calculated and collected in accordance with the base rates set out in Schedule “B”, which relate to the services/classes of service set out in Schedule “A”

(2) The development charge with respect to the uses of any land, building or structure shall be calculated as follows:

a) in the case of residential development or redevelopment, or the residential portion of a mixed use development or redevelopment, as the sum of the product of the number of dwelling units of each type multiplied by the corresponding total amount for such dwelling unit type, as set out in Schedule "B";

b) in the case of non-residential development or redevelopment, or the non-residential portion of a mixed use development or redevelopment, as the sum of the product of the gross floor area multiplied by the corresponding total amount for such gross floor area as set out in Schedule "B".

(3) Council hereby determines that the development or redevelopment of land, buildings, or structures for residential and non-residential uses will require the provision, enlargement or expansion of the services/classes of service referenced in Schedule "A".

3. Phasing of Development Charges

(1) Development Charges shall be phased-in over the period of the by-law in accordance with the schedule of charges identified in Schedule “B”;

4. Applicable Lands

(1) Subject to Section 5, this by-law applies to all lands in the municipality, whether or not the land or use is exempt from taxation under Section 3 of the Assessment Act, R.S.O.1990, c.A.31.

(2) This by-law shall not apply to land that is owned by and used for the purposes of:

a) a board of education;

b) any municipality or local board thereof;

c) an industrial use

d) a place of worship;

e) an agricultural use

f) vacant properties created through Consent approval under Section 35 of the Planning Act before April 1, 2021 for which a complete building permit application is submitted within one-year of Consent approval;

g) lots of record that exist on the date of by-law passage for which a complete building permit application is submitted prior to January 1, 2022;

h) properties outside of registered plans of subdivision that have submitted a complete Building Permit application before April 1, 2021;

i) Developments proceeding from plans of subdivision that are registered prior to passage of this by-law will be exempt from development charges. Notwithstanding the foregoing, Blocks within the registered plan of subdivision that will be subject to further development agreements will not be exempt from the payment of development charges;

j) Development proceeding from Development Agreements entered into prior to the passage of this by-law that provide for a maximum capital charge for new development will be exempt from development charges;

5. Rules with Respect to Exemptions for Intensification of Housing

(1) Notwithstanding Section 4 above, no development charge shall be imposed with respect to developments or portions of developments as follows:

a) the enlargement of an existing residential dwelling unit;

b) one or two additional dwelling units in an existing single detached dwelling or ancillary structure thereto;

c) greater of one additional dwelling unit or 1% of the existing dwelling units in an existing rental residential building or ancillary structure thereto; and

d) one additional dwelling unit in any other existing residential building or ancillary structure thereto;

subject to the following restrictions

(2) Notwithstanding Section 4 of this By-law, development charges shall not be imposed with respect to 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:

6. Development Charges Imposed

(1) Subject to subsection (2), development charges shall be calculated and collected in accordance with the provisions of this by-law and be imposed on land to be developed for residential and non-residential uses, where, the development requires,

a) the passing of a zoning by-law or an amendment thereto under Section 34 of the Planning Act;

b) the approval of a minor variance under Section 45 of the Planning Ac;

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 9 of the Condominium Act, R.S.O. 1998, S.0.1998, c.19; or

g) the issuing of a permit under the Building Code Act, in relation to a building or structure.

(2) Subsection (1) shall not apply in respect to

a) local services installed or paid for by the owner within a plan of subdivision or within the area to which the plan relates, as a condition of approval under Section 51 of the Planning Act;

b) local services installed or paid for by the owner as a condition of approval under Section 53 of the Planning Act.

7. Local Service Installation

(1) Nothing in this by-law prevents Council from requiring, as a condition of an agreement under Section 51 or 53 of the Planning Act that the owner, at his or her own expense, shall install or pay for such local services, within the Plan of Subdivision or within the area to which the plan relates, as Council may require.

8. Multiple Charges

(1) Where two or more of the actions described in subsection 6(1) are required before land to which a development charge applies can be developed, 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 subsection 6(1) occur at different times, and if the subsequent action has the effect of Increasing the need for municipal services as set out in Schedule "A", an additional development charge on the additional residential units and additional gross floor area shall be calculated and collected In accordance with the provisions of this by-law.

9. Services in Lieu

(1) Council may authorize an owner, through an agreement under Section 38 of the Act, to substitute such part of the development charge applicable to the owner's development as may be specified in the agreement, by the provision at the sole expense of the owner, of services in lieu. Such agreement shall further specify that where the owner provides services in lieu in accordance with the agreement, Council shall give to the owner a credit against the development charge in accordance with the agreement provisions and the provisions of Section 39 of the Act, equal to the reasonable cost to the owner of providing the services in lieu. In no case shall the agreement provide for a credit which exceeds the total development charge payable by an owner to the municipality in respect of the development to which the agreement relates.

(2) In any agreement under subsection (1), Council may also give a further credit to the owner equal to the reasonable cost of providing the services in addition to, or of a greater size of capacity, than would be required under this by-law.

(3) The credit provided for in subsection (2) shall not be charged to any development charge reserve fund.

10. Rules with Respect to Redevelopment

In the case of the demolition or conversion of all or part of a residential or non-residential building or structure:

(1) a credit shall be allowed, provided that the land was improved by occupied structures (or structures capable of occupancy) within the five years prior to the issuance of the building permit, and the building permit has been issued for the development or redevelopment within five years from the date the demolition or change of use permit has been issued; and

(2) if a development or redevelopment involves the demolition of and replacement of a building or structure or conversion of a building or structure, a credit shall be allowed equivalent to:

a) in the case of residential redevelopment, the number of dwelling units demolished or converted multiplied by the applicable residential development charge in place at the time the development charge is payable,

b) in the case of non-residential, the amount of gross floor area demolished or converted multiplied by the applicable development charge in place at the time the development charge is payable.

(3) A credit can, in no case, exceed the amount of the development charge that would otherwise be payable, and

11. Timing and Calculation of Payment

(1) Development charges shall be calculated and payable in full in money or by provision of services as may be agreed upon, or by credit granted under the Act, on the date that the first building permit is issued in relation to a building or structure on land to which a development charge applies.

(2) Where development charges apply to land in relation to which a building permit is required, the building permit shall not be issued until the development charge has been paid in full.

(3) Notwithstanding Subsections 11 (1) and 11 (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, payable on the anniversary date each year thereafter.

(4) Notwithstanding Subsection 11 (1) and 11 (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, payable on the anniversary date each year thereafter;

(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 2 years of building permit issuance, the Development Charges under Subsections 11 (1), 11 (2), 11 (3), and 11 (4) shall be calculated on the rates set out in Schedule “A” on the date of the planning application, including interest. Where both planning applications apply Development Charges under Subsections 11 (1), 11 (2), 11 (3), and 11.(4) shall be calculated on the rates, including interest, set out in Schedule “B” on the date of the later planning application, including interest.

(6) Interest for the purposes of Subsections 11 (3), 11 (4), and 11 (5), interest shall be determined as the Bank of Canada prime lending rate. prime lending rate. Notwithstanding the foregoing, the interest rate shall not be less than 0%.

12. Reserve Funds

(1) Monies received from payment of development charges under this by-law shall be maintained in separate reserve funds as per the listing of services/classes of service in Schedule “A”.

(2) Where more than one capital project underlying the service category referred to in subsection (1) has been sufficiently completed, whether at the same time or at a later date, reimbursement to the involved parties will be provided on the proportionate basis of the costs of the works completed. In order for capital projects to be deemed sufficiently complete, the works will be subject to review and approval of Township.

(3) Monies received for the payment of development charges shall be used only in accordance with the provisions of Section 35 of the Act.

(4) Where any development charge, or part thereof, remains unpaid after the due date, the amount unpaid shall be added to the tax roll and shall be collected as taxes.

(5) Where any unpaid development charges are collected as taxes under subsection (4), the monies so collected shall be credited to the development charge reserve funds referred to in subsection (1).

(6) The Treasurer of the Municipality shall, in each year, furnish to Council a statement in respect of the reserve funds established hereunder for the prior year, containing the information set out in Section 12 of 0.Reg. 82198.

13. By-Law Amendment or Appeal

(1) Where this by-law or any development charge prescribed hereunder is amended or repealed either by order of the Ontario Municipal Board or by resolution of the Municipal Council, the Municipal Treasurer shall calculate forthwith the amount of any overpayment to be refunded as a result of said amendment or repeal.

(2) Refunds that are required to be paid under subsection (1) shall be paid with interest to be calculated as follows:

a) Interest shall be calculated from the date on which the overpayment was collected to the date on which the refund is paid;

b) The Bank of Canada interest rate in effect on the date of enactment of this by-law shall be used.

(3) Refunds that are required to be paid under subsection (1) shall include the interest owed under this section.

14. By-Law Indexing

(1) The development charges set out in Schedule "B" to this by-law shall be adjusted annually on January 1st, commencing on January 1, 2022, without amendment to this by-law, in accordance with the most recent twelve month change in the Statistics Canada Non-Residential Building Construction Price Index for Toronto”

15. Severability

(1) In the event any provision, or part thereof, of this by-law is found by a court of competent jurisdiction to be ultra vires, such provision, or part thereof, shall be deemed to be severed, and the remaining portion of such provision and all other provisions of this by-law shall remain in full force and effect.

16. Headings for Reference Only

(1) The headings inserted in this by-law are for convenience of reference only and shall not affect the construction of interpretation of this by-law.

17. By-Law Registration

A certified copy of this by-law may be registered on title to any land to which this by-law applies.

18. By-Law Administration

(1) This by-law shall be administered by the Municipal Treasurer.

19. Schedules to the By-Law

(1) The following Schedules to this by-law form an integral part of this by-law:

Schedule "A" – Designated Municipal Services/Classes

Schedule "B" – Schedule of Development Charges

20. Date By-law Effective

(1) This By-law shall come into force and effect on January 1, 2021.

21. Date By-Law Expires

(1) This by-law will expire five years after the effective date of this by-law unless it is repealed by Council at an earlier date.

22. Short Title

(1) This by-law may be cited as the “Township of Southwold Development Charge By-law, 2020."

READ A FIRST AND SECOND TIME, CONSIDERED READ A THIRD TIME, AND FINALLY PASSED THIS 14TH DAY OF DECEMBER, 2020.

____________________________                              ____________________________

Mayor Grant Jones                                                     Clerk Ken Loveland

SCHEDULE "A"

TO BY-LAW 2020-70

DESIGNATED TOWNSHIP-WIDE SERVICES/CLASSES

OF SERVICE UNDER THIS BY-LAW

• Roads and Related Services
• Fire Services;
• Parks and Recreation Services;
• Library Services; and
• Class for Growth Studies

SCHEDULE "B”

TO BY-LAW 2020-70

SCHEDULE OF DEVELOPMENT CHARGES

For complete listing of development charges, please visit our User Fee page