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1991-091 Oro ..;~"., ." C" ~ BY-LAW NO. 91-91 OF THE CORPORATION OF THE TOWNSHIP OF ORO I ~ Being a By-law with Respect to the Imposition of Development Charges WHEREAS Subsection 3(1) of the Development Charqes Act. 1989 enables the Council of the Corporation of the Township of Oro to pass By-laws for the imposition of development charges against land located within the Township of Oro where development or redevelopment of the land would increase the need for services; AND WHEREAS it is deemed expedient to enact a By-law to impose development charges in the Township of Oro to ensure that costs for services associated with future growth be charged to that future growth; AND WHEREAS the Council of the Township of Oro has given notice in accordance with section 4 of the Development Charges Act. 1989 (DCSA) of its intention to pass a By-law under Section 3 of the said Act; AND WHEREAS the Council of the Township of Oro held a public meeting on October 30, 1991 and has heard all persons who requested to be heard no matter whether in objection to, or in support of, the said By-law; AND WHEREAS the Council for the Township, by Resolution, has adopted the recommendations contained in a November 22, 1991 Report of Treasurer W. Henry Sander at its meeting of November 25, 1991 approving a proposal respecting the imposition of development charges and the standards at which services are to be provided; NOW THEREFORE the Council of the Township of Oro enacts as follows: 1. In this By-law: a) "benefiting area" means an area defined by a map, plan or legal description in a front ending agreement as an area that will receive a benefit from the construction of a service; b) "capital cost" means costs incurred or proposed to be incurred by the Township or a local board thereof directly or under an agreement, i) to acquire land or interest in land, ii) to improve land, iii) to acquire, construct or improve buildings and structures, iv) to acquire, construct of improve facilities including rolling stock, furniture and equipment, and v) to undertake studies in connection with any of the matters in clauses (i) to (iv), required for the provision of services designated in this By-law within or outside the Tow~ship of Oro, including interest on borrowing for those expenditures under clauses (i), (ii), (iii) or (iv) that are growth related; c) "Council" means the Council of the corporation of the Township of Oro; ,! , '.^"!'. d) "development" means the construction, erection or placing of one or more buildings or structures on land and/or the making of an addition or alteration to a building or structure that has the effect of increasing the size or useability thereof and includes redevelopment; e) "development charge or development charges" means the charges imposed with respect to growth-related net capital costs against land; f) "front-end payment" means a payment made by an owner(s) pursuant to a front-ending agreement, which may be in addition to a development charge that the owner(s) is required to pay under a development charge By-law, to cover the net capital costs of the services designated in the agreement that are required to enable the land to be developed; g) "front-ending agreement" means an agreement under section 21 of the Development Charqes Act. 1989; h) "gross floor area" means 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 another dwelling unit or other portion of a building; i) "growth-related net capital of the net capital cost reasonably attributable to capital cost that results development in all or a Township of Oro; cost" means the portion of services that is the need for such net or will result from defined part of the j) "local board" means a public utilities commission, transportation commission, public library board, board of park management, local board of health, board of commissioners of police, planning board, or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes of the Township of Oro; k) "net capital cost" means the capital cost less capital grants, subsidies and other contributions made to the Township or that the Council anticipates will be made, including conveyances or payments under sections 41, 50, and 52 of the Planninq Act. 1983 in respect of the capital cost; 1) "non-residential" means the use of land, buildings or structures or part thereof, for any use other than for residential use as that term is defined in clause (n) of this section and shall include all commercial, industrial and institutional uses; m) "owner" means the owner of land or a person who has made application for an approval f9r the development of land upon which a development charge is imposed; and, n) "residential" means the use of land, buildings or structures or part thereof, as a home or residence of one or more individuals; II. I "1 . I. '.' I .. .1 I, I II I I .. 0) "services" means services designated in section 6 of this By-law or designated in a front-ending agreement. 2. Subject to section 20 of this By-law, this Development Charge By-law shall apply to all lands within the Corporation limits of the Township of Oro, however used, whether or not the land or use is exempt from taxation under section 3 of the Assessment Act. 3. Development of land is subject to a development charge if the development would increase the need for services and the development requires: a) the passing of a zoning By-law or of an amendment thereto under section 34 of the Planning Act, 1983; b) the approval of a minor variance under section 44 of the Planning Act, 1983; c) a conveyance of land to which a By-law passed under Section 49(7) of the Planninq Act, 1983; d) the approval of a plan of subdivision under section 50 of the Planning Act, 1983; e) a consent under section 52 of the Planninq Act, 1983; f) the approval of a description under Section 50 of the Condominium Act; or g) the issuance of a permit under the Buildinq Code Act in relation to a building or structure; 4. Subject to section 5 of this By-law, no residential development charge is payable where the development: a) is an enlargement of an existing dwelling unit; or b) creates one or two additional dwelling units in an existing single detached dwelling. 5. Notwithstanding subsection 4(b) of this By-law, a development charge shall be imposed and collected where the total gross floor area of the additional one or two units exceeds the gross floor area of the existing single detached dwelling. In determining the gross floor area of the existing single detached dwelling, the gross floor area shall be the maximum gross floor area that existed in the three years preceding an application for a building permit in respect of the additional one or two units. 6. The development charges collected under the authority of this By-law shall be based upon the provision by the Township of the following services and distributed according to Schedule "B" attached hereto, by the Township of Oro to pay for the following services; TOWNSHIP WORKS Roads and Bridges Water Supply & Storage Trunk Watermains Storm Drainage Township Works Facilities Township Works Equipment " , .1 ' .. .... ' ADMINISTRATIVE SERVICES Administration Space, Fixtures & Equipment Computer System & Related Products Growth Related Studies PROTECTIVE SERVICES Fire stations Fire Vehicles Fire Fighter outfitting PARKS AND RECREATION Parkland Development Arena Community Centres Waterfront Development 7. There shall be a development charge imposed and collected on development (as heretofore defined) within the Township of Oro in accordance with Schedule "A" attached hereto. 8. The Development charge shall be imposed on all residential and non-residential development within the corporation limits of the Township of Oro except for land uses noted in Schedule "c" attached hereto. 9. with respect to plans of subdivision, the development charge shall be paid in full on the date that the first building permit is issued for a building or structure at the rate in effect at that time or the Municipality may enter into an agreement with an owner providing for the payment of the development charge on the date of the signing of the agreement. 10. The municipality may enter into an agreement with an owner providing for the payment of all or any portion of the development charges on dates later than the issuing of a building permit or the entering into a development condominium or subdivision agreement. 11. with respect to a minor variance, the development charge shall be paid at the rate in effect on the date upon which the Township of Oro grants a building permit. 12. with respect to water supply services, sanitary sewer services, storm drainage services, transportation services and electrical power or energy services, the development charge shall be paid, with respect to an approval of a plan of subdivision under section 50 of the Planning Act. 1983, immediately upon entering into the subdivision agreement. 13. With respect to a consent and as a condition of the consent, the applicant shall provide the Development Charge fee in effect on the date the fee is paid, to be paid on or before the date the deed is stamped by the Municipality. 14. In all other cases, the development charge shall be paid in full at the rate on the date upon which the Township grants a building permit. 15. Notwithstanding any other provlslon of the By-law, with respect to residential consent (severance) applications which would result in no increase in density potential or the creation of a new lot, no development charge is applicable. " ,".... 16. with respect to existing registered subdivisions, consents approved for registration and condominium applications, wherein the particular charge amount is specified and that charge has not been paid prior to this By-law coming into force and effect, the approval thereof shall take precedence over the By-law and shall be honoured by the Township of Oro. 17. a) Subject to section 4 of this By-law, where a residential redevelopment increases the number of dwelling units in a building or structure, a development charge shall only be payable for the increased number of units attributable to the development. b) In determining the increased units subj ect to a development charge, the existing dwelling unit shall be the maximum number of dwelling units in the building or structure that existed within the three years preceding an application for a building permit in respect of the increased dwelling units. c) An owner(s) who has secured the necessary approvals may demolish and replace existing dwelling units and not be subject to a development charge under this By-law in respect of the dwelling units replaced. 18. a) No building permits shall be issued in respect to the erection of a building or structure on land to which a development charge applies until such time as the required development charge is paid in full. b) The Treasurer of the Township of Oro shall direct that the unpaid development charge shall be added to the tax roll and shall be collected as taxes. c) The Township may enter into an agreement with an owner(s) providing for the payment of a development charge before the issuance of a building permit. 19. It is intended that the development charge shall be reviewed annually by Township Council. The Treasurer will recommend to Council any adjustments to the development charge by the 30th day of April of each year. In the event that no such recommendation is made, the development charge shall be revised in accordance with the Composite Southam Construction Cost Index (Ontario Service) as of the 30th day of April of each year based on the Index of Performance over the preceding year for the period April 1st to March 31st. 20. Notwi thstanding any other provisions of this By-law, development undertaken by: a) any school board within the meaning of paragraph 3 of subsection 1(1) of the Education Act; b) the Township or any local board thereof; and c) the County of simcoe, or any local board thereof; is not subject to any development charge under ~his By- law. Ii Ii II II I' II II 21. That the non-residential portion of the development charge fee is to come into place and take effect January 1, 1994 and that this rate shall be the base rate plus adjustments resulting from cost escalation. 22. This By-la'" shall come into full force and effect on the date of its passing. 23. This By-1a'" sha11 continue in fu11 force and effect for a term of 5 years from the date of its passage. un1eSs repea1ed at an earlier date. 24. This By-1a'" maY be referred to as the "TO",nshiP of oro DeV'e10pment Charges By-1a"'''. 1l~ a 1!1:llS'I! and SECO)1D ti1ne this 25th day of NoV'~ber · 1991. llE1>D a 'l!111:llD time and fina11Y passed this 25th NoV'~ber · 1991. day of ~ \ \\ II 1\ ~ ~ II \\ n ~\ , \ II I I ~ \ \ \ I" ~ I I \1 ,,\ \\ \\ II \\ I I II \\ \' \\ ~ \'.' I II !I ? / I Shoebridge, Cler e - " A. SCHEDULE "A" TO BY-LAW NO 91-91 DEVELOPMENT CHARGES Residential Development All forms of residential development 1) Base charge of 2. Additional charge for development located within the municipal water service areas of the Hamlets of Shanty Bay and Hawkestone B. Non-Residential DeveloDment All forms of non-residential development $5,225./dwellingunit $3, 630./dwelling unit $ 1.17/ sq. ft. of GFA $ 12.59/sq.M of GFA . ' ~ - A. SCHEDULE "B" TO BY LAW NO. 91-91 DEVELOPMENT CHARGES DISTRIBUTION OF FUNDS TO RESERVES BY EXPENDITURE TYPE Residential Development 1) Base Charge Expenditure Type Proportionate share Township Works Administrative Services Protective services Parks and Recreation 51. 4% 8.1% 18.1% 22.4% 100.0% 2.) Addition Charqe Township Works 100% B. Non-Residential Development Note: Proportionate share Expenditure Type Township Works Administrative Services Protective Services Parks and Recreation 51. 3% 18.8% 29.9% 0.0% 100.0% All money collected shall be deposited in the development charge reserve fund sub-accounts in accordance with these percentages. . . .. ..~, \ " . e - " , , . . , SCHEDULE "c" TO BY-LAW NO. 91-91 DEVELOPMENT CHARGES Exemptions The following land use categories shall be exempted from the application of development charge: 1. land owned and used for the purposes of elementary or secondary schools under the Education Act; 2. land owned and used for the purposes of the municipality; 3. land used for non-residential farm buildings; and 4. land owned and used for place of worship and land used in connection with such use, such as cemeteries. . , 1 ," t r j>'~: -, ' . . , - fI , . " An explanation of the development charges imposed under the By-law, a description of the lands to which the By-law applies and a key map showing the location of the lands to which the By-law applies (or, al ternati vely , an explanation as to why a key map is not provided) are available for viewing at the Township Offices during regular business hours.