1992-016 Medonte
THE CORPORATION OF THE 'IDWNSHIP OF MEOONTE
BY-lAW NO. 92-16
HEIR; A BY-lAW with respect to Development Charges.
WHEREAS section 3(1) of the Development Charges Act, R.S.O. 1990, o.D.9
(hereinafter called the Act) enables the Council of a municipality to pass by-
laws for the imposition of development charges where the development of the land
within the municipality would increase the need for municipal services as
designated in the By-law and the development requires one or more of the actions
set out in subsection 3( 1) of the Act;
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AND WHEREAS the Corporation of the T()';Vllship of Medonte has undertaken a study
of, among other matters, services, expected growth, gr()';Vth related facilities
and the costs thereof.
AND WHEREAS the Council of the Corporation of the T()';Vllship of Medonte has before
it a Study entitled "T()';Vllship of Medonte Development Charge Act Study", which
Study was prepared by Reid and Associates Limited, and was dated December, 1991
(hereinafter referred to as the "Study").
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AND WHEREAS the Study was made available to the public and Council has given
Notice in accordance with Section 4 of the Act of its development charges
proposal and held a public meeting on January 30, 1992.
AND WHEREAS the Council has heard all persons who applied to be heard in
objection to, or in support of, the development charges proposal at the public
meeting held on January 10, 1992 and provided a subsequent period for written
corrmunications to be made;
AND WHEREAS, after giving due consideration to the carments and representations
from the public at the public meeting held on January 30, 1992 and contained
within the written corrmunications received thereafter, the Council of the
Corporation of the T()';Vllship of Medonte, at its meeting of March 23, 1992 approved
the Study, as amended by the document entitled "T()';Vllship of Medonte - Addendum
to Development Charges Act Study", prepared by Reid and Associates Limited and
dated this 3rd day of March, 1992.
AND WHEREAS the Council, in adopting the Study, as amended, directed the
development charges be imposed on land to be developed or redeveloped wi thin the
geographical limits of the Municipality as hereinafter provided;
HM 'l'.HEREFORE the Council of the Corporation of the T()';Vllship of Medonte hereby
enacts as follows:
1.
In this By-law,
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DEFINITIONS
(1) "Act" means the Development Charges Act, R.S.O. 1990, c. D.9;
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(2) "accessory use" means a use custcmarily incidental and subordinate
to, and exclusively devoted to the main or principal use or activity
of the lot, building, structure or excavation and located on the
same lot as such main or principal use, building or structure or
excavation;
( 3) "aparbnent unit" means any residential dwelling unit within a
building containing more than four dwelling units where the
residential units are connected by an interior corridor;
( 4) "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;
( 5 ) "benefiting area: means an area defined by a map, plan or legal
description in front-ending agreement as an area that will receive a
benefit from the construction of a service;
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(6) "benefiting owner" means an ()';Vller of land within a benefiting area
other than an ()';Vller who is party to a front-ending agreement;
(7) "Board of Education" has the same meaning as that specified in
subsection 29( 1) of the Act;
(8) "Building Code Act" means the Building Code Act, R.S.O. 1990,
c.B. 13.;
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(9) "capital cost" means costs incurred or proposed to be incurred by
the Municipality or a local board thereof directly or under an
agreement,
( a) to acquire land or an interest in land,
(b) to improve land,
( c) to acquire, construct or improve buildings and structures;
(d) to acquire construct or improve facilities including,
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( i)
( ii)
rolling stock, furniture and equipnent, and
materials acquired for circulation, reference or
information purposes by a library board as defined in the
Public Libraries Act, R.S.O. 1990, c.P.44, and
( e) to undertake studies in connection with any matter under the
Act and any of the matters in clauses (a) to (d),
required for the provision of services designated in this by-
law wi thin or outside the Municipality, including interest on
borr()';Ving for thos expenditures under clauses (a), (b), (c) and (d)
that are growth-related;
( 10) "Council" means the Council of the Municipality;
( 11 ) "developnent" 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 or usability thereof, and includes
redevelopment;
( 12) "developnent charge" means a charge imposed with respect to growth-
related net capital costs against land in the Municipality under
this by-law;
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(13) "dwelling unit" means a suite designed or intended for use by one
or more persons living together as a single housekeeping unit, in
which sanitary conveniences, facilities for cooking or the
installation of cooking equipnent, and a heating system are
provided and containing a private entrance from outside the
building or from a camlOn hallway or stairway inside the building,
but does not include a tent or trailer;
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(14) "fa:rrn building" means that part of a bona fide farming operation
encanpassing barns, silos and other ancillary development to an
agricultural use, but excluding a residential use;
(15) "front-end payment" means a payment made by an ()';Vller pursuant to a
front-ending agreement, which may be in addition to a developnent
charge that the ()';Vller is required to pay under this 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;
( 16) "front-ending agreement" means an agreement made under section 21 of
the Act between the Municipality and any or all owners wi thin a
benefiting area providing for front-end payments by an owner or
()';Vllers or for the installation of services by an ()';Vller or ()';Vllers or
any combination thereof;
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( 17) "grade" means in average level of finished ground adjoining a
building or structure at all exterior walls;
( 18) "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;
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(19) "gr~h-related net capital cost" means the portion of the net
capital cost of services that is reasonably attributable to the
need for such net capital cost that results or will result from
develor;:ment in al or a defined part of the Municipality;
(20) "local board" means a local board as defined in the Municipal
Affairs Act, R.S.O. 1990, c.M.46 other than a board defined in
subsection 30( 6) of the Act;
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(21 ) "local services" means those services, facilities or things which
are under the jurisdiction of the Municipality and are within the
boundaries of, abut or are necessary to connect lands to services
and an application has been made in respect of the lands under
sections 41, 51 or 53 of the Planning Act;
(22) "Municipality" means The Corporation of the T()';Vllship of Medonte;
(23) "net capital cost" means the capital cost, less capital grants,
subsidies and other contributions made to the Municipality or that
the Council of the Municipality anticipates will be made, including
conveyances or payments under Sections 42, 51 and 53 of the
Planning Act, in respect of the capital cost;
( 24) "owner" means the owner of land or a person who has made
application for an approval for the developnent of land upon which
a developnent charge is imposed;
(25) "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, c.A.31;
(26) "Planning Act" means the Planning Act, R.S.O. 1990, c.P.13;
(27) "rate" means the interest rate established weekly by the Bank of
Canada for treasury bills having a term of 30 days;
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( 28) "regulation" means any regulation made pursuant to the Act;
( 29) "residential use" means land or buildings or structures of any kind
whatsoever used, designed or intended to be used as living
accarodations for one or more individuals;
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(30) "semi-detached dwelling" means a dwelling unit in a residential
building consisting of two dwelling units having one vertical wall
or one horizontal wall, but no other parts, attached to another
dwelling unit where the residential units are not connected by an
interior corridor;
( 31 ) "services" (or "service" ) means those services designated in
Schedule "A" to this by-law or specified in an agreement made under
Section 21 of the Act;
( 32) "services in lieu" means those services specified in an agreement
made under Section 8 of this by-law;
( 33) "service standards" means the prescribed level of services on which
the scheu Ie of charges in Schedule "B" are based;
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( 34) "servicing agreement" means an agreement between a landowner and
the Municipality relative to the provision of municipal services to
specified lands within the Municipality;
(35) "single detached dwelling" means a residential building consisting
of one dwelling unit and not attached to another structure;
(36) "Treasurer" means the Treasurer of the T()';Vllship of Medonte.
2. SCHEDULE OF DEVELOPMENT CHARGES
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(1)
Subject to the provisions of this by-law, develop:nent charges upon
uses of land, buildings or structures shall be calculated and
collected in accordance with the Schedule of Developnent Charges
attached hereto as Schedule "B", in order to defray the growth
related net capital cost of providing, enlarging or expanding the
services designated in Schedule "Au.
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( 2)
The developnent charge with respect to the use of any land,
buildings or structures shall be calculated as follows:
( a) in the case of residential developnent, or the residential
portion of a mixed-use developnent, based upon the number and
type of dwelling units;
3. APPLICABLE LANDS
( 1) Subject to subsections (2), (3) , (4) , (5), and (6) 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) the developnent of a non-residential farm building;
(d) a place of worship and land used in connection therewith; and
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(e) a churchyard, cemetary or burial ground exempt from taxation
under Section 3 of the Assessment Act, R.S.O. 1990, c.A.31.
( 3) Subject to subsection 3 ( 4), Council hereby determines that the
developnent of land, buildings or structures for residential use
have required or will require the provision, enlargement, expansion
or improvement of the services designated in Schedule "A".
(4 )
Subject to subsections 3 ( 5) and ( 6), no developnent charge is
payable where the developnent:
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(a) is an enlargement of an existing dwelling unit,
(b) creates one or two additional dwelling units in an existing
single detached dwelling, or
(c) creates one additonal dwelling unit in any existing
residential building other than a single detached dwelling.
( 5) Notwithstanding subsection 3 ( 4) (b), developnent charges shall be
calculated and collected in accordance with the provisions of this
by-law where:
( a) the total gross floor area of the additional one or two units
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exceeds the gross floor area of the existing dwelling unit,
and
(b) in determining the gross floor area of the existing single
detached dwelling, the gross floor area shall be that which
exists on the date application is made for a building permit
in respect of the additional one or two dwelling units.
( 6) Notwithstanding subsection 3 ( 4) ( c), develop:n8nt charges shall be
calculated and collected in accordance with the provisions of this
by-law if the additional dwelling unit has gross floor area greater
than:
(a) in the case of a semi-detached dwelling, the gross floor area
of the existing dwelling unit; and
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(b) in the case of any other residential building, the gross floor
area of the smallest dwelling unit contained in this
residential building; and
( c) in determining the gross floor area of the semi -detached
dwelling or of the smallest dwelling unit in a residential
building, the gross floor area shall be that which exists on
the date application is made for a building permit in respect
of the one additional dwelling unit.
4. APPLICABLE DEVEIDPJI.1ENT
( 1 ) Subject to subsection 4 ( 2), developnent charges shall be calculated
and collected in accordance with the provisions of this by-law upon
land to be developed for residential use, where the develop:n8nt
requires:
(a) the passing of a zoning by-law or an amendment thereto under
Section 34 of the Planning Act;
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(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
Condcminium Act, R.S.O. 1990, c.C.26; or
( g)
the issuing of a permit under the Building Code Act, R.S.O.
c.B.13 in relation to a building or structure.
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( 2)
Subsection 4(1) shall not apply in respect of:
( a)
local services installed at the expense of the owner within a
plan of subdivision as a condition of approval under Section
51 of the Planning Act;
(b)
local services installed at the expense of the owner as a
condition of approval under Section 53 of the Planning Act; or
( c)
local connections to water mains, sanitary sewers and storm
drainage facilities installed at the expense of the ow:r:er
including amounts imposed under a by-law passed under Sect10n
222 of the Municipal Act, R.S.O. 1990, c.M.45.
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5. LOCAL SERVICE INSTALLATION
Nothing in this by-law prevents Council from requ1r1ng, as a condition of
approval under Section 41, 51 or 53 of the Planning Act, that the owner, at
his or her ()';Vll expense, install such local services as Council may require or
that local connections to water mains, sanitary sewers and storm drainage
facilities be installed at the owner's expense.
6. MULTIPLE CHARGES
(1)
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( 2)
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Where two or more of the actions described in Section 4(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.
Notwithstanding subsection 6 ( 1 ), if two or more of the actions described
in Section 4( 1) occur at different times, and if the subsequent action
has the effect of increasing the need for municipal services as
designated in schedule "A", development charges on the additional
residential units shall be calculated and collected in accordance with
the provisions of this by-law.
7 . SERVICE STANDARDS
The service standards for the Municipality are those approved by Council as
contained in the study dated December, 1991 by Reid and Associates Limited, as
amended by the Addendum prepared by Reid and Associates Limited and dated
March 3, 1992, the Municipality's most recent capital budget and forecast and
Council's previous approvals of capital projects.
8. SERVICES IN LIEU
( 1) Council, by written agreement, may permit an ()';Vller to substitute the
whole or such part of the development charges applicable to the owner's
development, by the provision at the sole expense of the ()';Vller, of
services in lieu. Such agreement shall further specify that where the
()';Vller provides services in lieu in accordance with the agreement, the
Municipality shall give to the ()';Vller a credit against the development
charge otherwise applicable to the development, for an amount equal to
the reasonable cost to the owner of providing the services in lieu.
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( 2)
Council, by agreement, may permit an owner to provide services
additional to, or of a greater size or capacity, than is required under
this by-law. Such an agreement may further specify that where the owner
provides additional services or services of greater size or capacity,
the Municipality shall give to the ()';Vller a credit against the
development charges otherwise applicable to the development, for an
amount up to the reasonable cost to the ()';Vller of providing the services.
( 3) A credi t given under subsections 8 ( 1) or 8 ( 2) shall not exceed the total
development charges payable by an ()';Vller to the Municipality.
(4 )
The reasonable cost to the ()';Vller of providing the services under
subsection 8 ( 2) is the cost of providing the services in accordance with
the standards described in Section 7 and used in the calculation of the
charges in schedule "B", and no such credit shall be charged to any
development charges reserve fund established under this by-law.
( 5) Any dispute as to the reasonable cost of providing the services in lieu
mentioned in subsection 8 ( 1) or the services mentioned in subsection
8( 2) shall be referred to Council, whose decision shall be final and
binding.
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9. FRONT-ENDING AGREEMENT
(1) The Municipality may enter into a front-ending agreement or
agreements with any or all owners within a benefiting area
providing for the payment by the owner or owners of a front-
end payment or for the installation of services by the ()';Vller or
owners, or any canbination of front-end payments and installation
of services.
(2 )
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Front-end payments made by a benefiting ()';Vller under Section 26 of
the Act with respect to services for which a development charge is
payable shall be deducted from the developnent charges otherwise
payable under Section 2 of this by-law.
( 3) A credi t given under subsection 9 ( 2) shall not exceed the total
development charges payable by the benefiting owner.
( 4)
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The front-end payment required to be made by the benefiting owner
under a front-ending agreement may be adjusted annually, without
amendment to this by-law each October, while this by-law is in
force, in accordance with the average Bank of Canada rate applied
annually.
10. DEVELOP:MENT CHARGE CREDITS
( 1) If an ()';Vller or former ()';Vller has, before the coming into force of a
development charge by-law, paid all or any portion of a charge
related to developnent, or provided services in lieu of the payment
of all or any portion of a charge related to development, pursuant
to an agreement under Section 51 or 53 of the Planning Act, or a
predecessor thereof with respect to land, the Municipality shall
give a credit for the amount of the charge previously paid, in the
event that a development charge is payable under this by-law in
respect of the said land.
( 2) A credi t given under subsection 1 0 ( 1) shall not exceed the total
development charges payable by the owner.
(3 )
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An ()';Vller who has secured the necessary approvals may derrolish or
rerrove and replace the existing dwelling unit or units upon land
within the area to which this by-law applies, and that no
development charge shall be payable under the provisions of this
by-law as a result of the replacement of the existing dwelling
unit., Developnent charges under this by-law shall be payable in
respect of each additional dwelling unit created in excess of the
number of dwelling units derrolished.
( 4)
Notwithstanding subsection 1 0 ( 3), development charges shall be
payable by the ()';Vller in respect of the dwelling unit or units which
replace the dwelling unit or units that have been derrolished or
rerroved, in the event that such unit or units are derrolished or
rerroved more than two ( 2) years prior to an application for a
building permit in respect of the replacement of the existing
dwelling unit or units.
11 . TIMING OF CALCUIATION AND 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 this by-law or otherwise by the Act, on the
date that the first building permit under the Building Code Act is
issued in relation to a building or structure on land to which
development charges apply, or in a manner or at a time otherwise lawfully agreed upon.
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(2) Where develop:rlent charges apply to land in relation to which a
building permit is required, the building permit shall not be
issued until the developnent charge has been paid in full.
( 3) Notwithstanding subsection 11 ( 1 ), the developnent charges with
respect to transportation services as set out in Schedule "A" shall
be payable, with respect to an approval of a Plan of Subdivision
under Section 51 of the Planning Act, imnediately upon entering
into the Subdivision Agreement.
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( 4)
Notwithstanding subsections 11 ( 1 ), ( 2) and (3), the Municipality
may enter into an agreement with an ()';Vller to provide for the
payment of developnent charges before the date otherwise required
for payment under subsections 11(1) and (3), or providing for the
payment of all or any portion of the developnent charges after the
date otherwise required for payment under subsections 11 ( 1) or (3).
12. RESERVE FUND
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(1)
Monies received from payment of developnent charges shall be
maintained in a separate reserve fund, and shall be used only to
meet the gr~-related net capital costs for which the develop:rlent
charges were levied under this by-law.
(2) Council directs the Municipal Treasurer to divide the reserve fund
created hereunder into separate sub-accounts in accordance with the
service categories set out in Schedule "'A", to which the
developnent charges payments received, and interest thereon, shall
be credited in proportion to the amounts set out in Schedule "B".
(3) Any income received from such invesbnent shall be credited to the
sub-accounts in the said reserve fund in proportion to the amounts
set out in Schedule i"A".
( 4) Where any developnent charges, or part thereof, remain 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 develop:rlent charges are collected as taxes under
subsection 13( 4), the monies so collected shall be credited the
appropriate sub-account of the reserve fund in proportion to the
amounts set out in Schedule "'A~'i .
( 6)
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Any costs incurred pursuant to subsection 1(9)(e) shall be charged
to the sub-accounts in the reserve fund in proportion to the
amounts set out in Schedule "'A'" .
( 7) The Municipal Treasurer shall, in each year on or before May 1,
commencing in 1993 for the 1992 year, furnish to Council a
statement in respect of the reserve fund established hereunder for
the prior year, containing the information set out in the regulation.
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13.
BY -lAW AMENDMENT OR REPEAL
( 2)
(1)
If this by-law is amended or repealed by Councilor the Ontario
Municipal Board, the Municipal Treasurer shall determine within
thirty (30) days of the amendment or repeal whether any owner has
over paid in respect of the develop:rlent charges J?8-yable hereund~r
imnediately prior to the repeal or amendment of th1S by-law, and 1f
such an overpayment has been made, the Municipal Treasurer shall
calculate the amount of such overpayment.
Any overpayment determined under subsection 13(1), shall be paid to
the owner who made the payment or on whose behalf the payment was
made within thirty (30) days of the date of repeal or amendment of
this by-law .
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( 3) If the owner cannot be found or the last address of the owner 1S
unknown, then the repayment obligation under subsection 13( 2) is at
an end.
( 4) Refunds that are required to be paid under subsection 13 ( 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;
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(b) the refund shall include the interest ()';Ved under this section;
(c) interest shall be paid at the rate in effect on the later of:
(i) the date of enacbnent of this by-law, or
(ii) the date of the last quarterly adjustment, in accordance
with the provisions of subsection 13(5).
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(5 )
The rate in effect on the date of enacbnent of this by-law shall be
adjusted on the first business day of April, 1992 to the rate
applicable on that day and thereafter the rate shall be adjusted
four (4) times each year on the first business days of April, July,
October and January to the rate applicable on the day of the
adjusbnent.
14 . BY-lAW REGISTRATION
A certified copy of this by-law may be registered on title to any land to
which this by-law applies.
15. DEVEIDPMENT CHARGE SCHEDULE INDEXING
(1) The developnent charges provided for in this by-law shall be
adjusted by the percentage change in the value of the canposite
Southam Construction Cost Index (Ontario Series). The first
adjustment shall take place following the later of:
(a) six months from the date of passage of this by-law, and
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(2 )
(b) six months following the first publication of the composite
Southam Construction Cost Index (Ontario Series) after the date
of passage of this by-law.
The developnent charges provided for in this by-law shall be
adjusted every six months after the first adjustment provided for in
section 15( 1) of this by-law. This adjusbnent shall be calculated
in accordance with section 15(1) of this by-law.
(3) The Council may decide to waive adjustment of the developnent
charges if the change is insignificant.
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16.
BY-lAW ADMINISTRATION
This by-law shall be administered by the Municipal Treasurer.
17. SCHEDULES 'ID THE BY-lAW
(1) The following schedules to this by-law form an integral part of this
by-law:
Schedule A - Designated Municipal Services
Schedule B - Schedule of Developnent Charges
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18. TERM OF BY-LAW
( 1 ) This by-law shall come into force and effect on the date of its
enacbnent.
(2) This by-law shall continue in force and effect for a term not to
exceed five years from the date of its enacbnent, unless it 1S
repealed at an earlier date.
19. REPEAL OF PREVIOUS BY-lAW
~ By-law No. 89-18 is hereby
by-law.
20. SHORT TITLE
repealed effective upon the enacbnent of this
This by-law may be cited as the Develop.11ent Charges By-law.
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BY-lAW read a first and second time this 9th day of March, 1992.
BY-lAW read a third time and finally passed this 23rd day of March
1992.
CORPORATION OF THE 'IDWNSHIP OF MEOONTE
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SCHEDULE "A"
TOWNSIllP OF MEDONTE
DESIGNATED MUNICIPAL SERVICES
SUMMARY - NET CAPITAL COSTS
I EXPENDITURE I NET CAPITAL COSTS I RATIO OF TOTAL I
Municipal And General 137.00 0.3493
Government
Public Works 467.00 0.11907
Fire Department 465.00 0.11856
Parks and Recreation 417.00 0.10633
Hospital and Health Care 18.00 0.00459
Roads and Bridges 2418.00 0.61652
Total 3922.00 1.0
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SCHEDULE "B"
TOWNSHIP OF MEDONTE
SCHEDULES OF DEVELOPMENT CHARGES
! RESIDENTIAL UNIT TYPE I UNIT RATE - PER UNIT I
Single Detached Dwelling $ 3,700.00
Semi-Detached Dwelling
AU other dwelling unit types $ 3,330.00
Apartment Unit - 2 or more Bdrm Apt. $ 2,405.00
Apartment Unit - 1 Bdrm/Bach. Apt $ 2,017.00
.""'.......,,---