2014-126 Development Charges By-lawThe Corporation of the Township of Oro - Medonte
By -Law No. 2014 -126
A By -Law for the Imposition of Development Charges
and Repeal By -Law Nos. 2009 -105 and 2011 -086
Whereas the Development Charges Act, 1997 c. 27 (hereinafter called "the Act ")
provides that the council of a municipality may by by -law impose development
charges against land to pay for increased capital costs required because of
increased need for services;
And Whereas a development charges background study has been completed in
accordance with the Act;
And Whereas the Council of the Township of Oro - Medonte has given notice and
held a public meeting on the 23rd day of July, 2014 in accordance with the Act and
the regulations thereto;
Now Therefore the Council of The Township of Oro - Medonte enacts as
follows:
1.0 Definitions
1.1 In this by -law,
(1) "Act" means the Development Charges Act, S.O. 1997, c. 27, as
amended, or any successor thereto;
(2) "Accessory use" means where used to describe a use, building, or
structure, that the use, building or structure is naturally and normally
incidental, subordinate in purpose of floor area or both, and
exclusively devoted to a principal use, building or structure;
(3) "Apartment unit" means any residential dwelling unit within a building
containing three or more dwelling units where access to each
residential unit is obtained through a common entrance or entrances
from the street level and 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) "Benefitting area" means an are 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;
(6) "Board of education" means a board defined in subsection 1(1) of
the Education Act, R.S.O. 1990 c. E.2, as amended, or any successor
thereto;
(7) "Building Code Act" means the Building Code Act, R.S.O. 1992, c.B.-
23, as amended, or any successor thereto;
(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;
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(c) to acquire, lease, construct or improve buildings and 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) 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 of the matters
referred to in clauses (a) to (d);
(f) to complete the development charge background study under
Section 10 of the Act; and
(g) interest on money borrowed to pay for costs in (a) to (d)
required for the provision of services designated in this by -law within
or outside the municipality.
(9) "Commercial' means any non - residential development not defined
under "institutional' or "industrial';
(10) "Council' means the Council of The Corporation of the Township of
Oro - Medonte;
(11) "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 or usability thereof, and includes redevelopment;
(12) "Development charge" means a charge imposed pursuant to this By-
law;
(13) "Dwelling unit" means any part of a building or structure used,
designed or intended to be used as a domestic establishment in which
one or more persons may sleep and are provided with culinary and
sanitary facilities for their exclusive use;
(14) "Existing industrial building" means a building or buildings existing
on a site in the Township of Oro - Medonte on the day this by -law
comes into effect or the first building or buildings constructed and
occupied on a vacant site pursuant to site plan approval under section
41 of the Planning Act, R.S.O. 1990 c. P.13, as amended, (the
"Planning Act) subsequent to this by -law coming into effect for which
full development charges were paid, and is used for or in connection
with
(i) the production, compounding, processing, packaging, crating,
bottling, packing or assembling of raw or semi - processed
goods or materials in not less than seventy -five percent of the
total gross floor area of the building or buildings on a site
( "manufacturing ") or warehousing related to the manufacturing
use carried on in the building or buildings;
(ii) research or development in connection with manufacturing in
not less than seventy -five percent of the total gross floor area of
the building or buildings on a site;
(iii) retail sales by a manufacturer, if the retail sales are at the site
where the manufacturing is carried out, such retail sales are
restricted to goods manufactured at the site, and the building or
part of a building where such retail sales are carried out does
not constitute greater than twenty -five percent of the total gross
floor area of the building or buildings on the site; or
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(iv) office or administrative purposes, if they are,
(1) carried out with respect to manufacturing or warehousing;
and
(2) in or attached to the building or structure used for such
manufacturing or warehousing;
(15) "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 excluding a residential use.
(16) "Grade" means the average level of finished ground adjoining a
building or structure at all exterior walls;
(17) "Gross floor area" means the total floor 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 other dwelling units or
other portion of a building;
In the case of a non - residential building or structure, or in the case of
a mixed -use building or structure in respect of the non - residential
portion thereof, the total area of all building floors above or below
grade measured between the outside surfaces of the exterior walls, or
between the outside surfaces of exterior walls and the centre line of
party walls dividing a non - residential use and a residential use, except
for any of the following:
i. A room or enclosed area within the building or structure above or
below grade that is used exclusively for the accommodation of
heating, cooling, ventilating, electrical, mechanical or
telecommunications equipment that services the building;
ii. Loading facilities above or below grade;
iii. A part of the building or structure below grade that is used for the
parking of motor vehicles or for storage or other accessory use;
(18) "Industrial' 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, and
includes office uses and the sale of commodities to the general public
where such uses are accessory to an industrial use, but does not
include the sale of commodities to the general public through a
warehouse club;
(19) "Institutional' means lands, buildings or structures used or designed
or intended for use by an organized body, society or religious groups
for promoting a public or non - profit purpose and shall include, but
without limiting the generality of the foregoing, places of worship, and
special care facilities;
(20) "Local board" has the same definition as defined in the Development
Charges Act, S. 0. 1997 c.27, as amended,
(21) "Local services" means those services, facilities or things 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 in respect of
the lands under Sections 41,51 or 53 of the Planning Act R.S.O. 1990,
c. P.13, as amended or any successor thereto;
(22) "Mobile home" means any dwelling that is designed to be made
mobile, and constructed or manufactured to provide a permanent
residence for one or more persons, but does not include a travel trailer
or tent trailer;
(23) "Multiple dwelling" means all dwellings other than single detached
dwellings, semi - detached dwellings, and apartment dwellings;
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(24) "Municipality" means The Corporation of the Township of Oro -
Medonte;
(25) "Non - residential use" means a building or structure of any kind
whatsoever used, designed or intended to be used for other than a
residential use and includes all commercial, industrial and institutional
uses;
(26) "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;
(27) "Regulation" means any regulation made pursuant to the Act;
(28) "Residential use" means lands, buildings or structures of any kind
whatsoever used, designed or intended to be used as living
accommodations for one or more individuals;
(29) "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 or another dwelling unit
where the residential units are not connected by an interior corridor;
(30) "Services" (or "service ") means those services set out in Schedule
"B" to this By -law;
(31) "Servicing agreement" means an agreement between a landowner
and the municipality relative to the provision of municipal services to
specified lands within the municipality;
(32) "Single detached dwelling unit" means a residential building
consisting of one dwelling unit and not attached to another structure
and includes mobile homes.
2.0 Designation of Services
2.1 The categories of services for which development charges are imposed
under this by -law are as follows:
(a) Roads and Related
(b) Fire Protection Services
(c) Outdoor Recreation Services
(d) Indoor Community Services
(e) Administration
2.2 Components of the services designated in Subsection 2.1 are described in
Schedule `A ".
3.0 Application of By -Law Rules
3.1 Development charges shall be payable in the amounts set out in this by -law
where:
a) the lands are located in the area described in Subsection 3.2; and
b) the development of the lands requires any of the approvals set out in
Subsection 3.4 a).
Area to Which By -Law Applies
3.2 Subject to Subsection 3.3, this by- law'applies to all lands in the geographic
area of the Township.
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Exemptions
3.3 This by -law shall not apply to lands that are owned by and used for the
purposes of:
a) any Municipality or a "local board' thereof;
b) a "Board of Education ";
c) an enlargement of the gross floor area of an existing industrial building
in accordance with Section 4 of the Act;
d) the issuance of a building permit in accordance with Section 2(3) of
the Act;
e) farm buildings as defined herein;
f) a place of worship exempt under Section 3 of the Assessment Act; or
g) a public hospital under the Public Hospitals Act.
Approvals for Development
3.4 a) Development charges shall be imposed on all lands, buildings or
structures that are developed for residential or non - residential uses if
the development requires,
(i) the passing of a zoning by -law or an amendment to a zoning
by -law under Section 34 of the Planning Act;
(ii) the approval of a minor variance under Section 45 of the
Planning Act;
(iii) a conveyance of land to which a by -law passed under
Subsection 50(7) of the Planning Act applies;
(iv) the approval of a plan of subdivision under Section 51 of the
Planning Act,
(v) a consent under Section 53 of the Planning Act,
(vi) the approval of a description under Section 9 of the
Condominium Act, 1998, S.O. 1998, c.19; or
(vii) the issuing of a permit under the Building Code Act, in relation
to a building or structure.
b) No more than one development charge for each service designated in
Subsection 2.1 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 Subsection 3.4(a) are required before the lands,
buildings or structures can be developed.
c) Despite Subsection 3.4(b), if two or more of the actions described in
Subsection 3.4(a) occur at different times, additional development
charges shall be imposed if the subsequent action has the effect of
increasing the need for services.
Rules with Respect to an Industrial Expansion Exemption:
3.5.1 Notwithstanding 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 the following:
(i) Subject to subsection 3.5.1 (iii), if the gross floor area is enlarged by
50 per cent or less of the lesser of:
1. the gross floor area of the existing industrial building, or
2. the gross floor area of the existing industrial building before the
first enlargement for which:
a) an exemption from the payment of development charges
was granted, or
b) a lesser development charge than would otherwise be
payable under this by -law, or predecessor thereof, was
paid, pursuant to Section 4 of the Act and this
subsection,
the amount of the development charge in respect of the enlargement
is zero;
(ii) Subject to subsection 3.5.1 (iii), if the gross floor area is enlarged by
more than 50 per cent or less of the lesser of:
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1. the gross floor area of the existing industrial building, or
2. the gross floor area of the existing industrial building before the
first enlargement for which:
a) an exemption from the payment of development charges
was granted, or
b) a lesser development charge than would otherwise be
payable under this by -law, or predecessor thereof, was
paid, pursuant to Section 4 of the Act and this
subsection,
(iii) 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 first enlargement,
and
2. divide the amount determined under subsection (A) by the
amount of the enlargement
(iv) For the purposes of calculating the extent to which the gross floor area
of an existing industrial building is enlarged in subsection 3.5.1 (ii),
the cumulative gross floor area of any previous enlargements for
which:
1. an exemption from the payment of development charges was
granted, or
2. a lesser development charge than would otherwise be payable
under this by -law, or predecessor thereof, was paid, pursuant
to Section 4 of the Act and this subsection, shall be added to
the calculation of the gross floor area of the proposed
enlargement.
(v) For the purposes of this subsection, the enlargement must not be
attached to the existing industrial building by means only of a tunnel,
bridge, passageway, canopy, shared below grade connection, such as
a service tunnel, foundation, footing or parking facility.
3.5.2 For the purpose of section 3.7 herein, "existing industrial building" is used as
defined in the Regulation made pursuant to the Act.
Amount of Charges
Residential
3.6.1 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 uses in the mixed use building or
structure, according to the type of residential unit, and calculated with respect
to each of the services according to the type of residential use.
3.6.2 The following percentage of each service for residential uses, as provided in
Schedule "B ", shall be imposed until November 1, 2014 at which time the
residential uses, as provided in Schedule "B" shall be imposed:
Service
RESIDENTIAL
Municipal Wide Services:
Roads and Related
78.424%
Fire Protection Services
78.424%
Police Services
78.424%
Outdoor Recreation Services
78.424%
Indoor Community Services
78.424%
Administration
78.424%
Total Municipal Wide Services
78.424%
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Non - Residential Uses
3.7.1 The development charges described in Schedule "B" 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 uses in 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.
3.7.2 The following percentage of each service for non - residential uses, as
provided in Schedule "B ", shall be imposed until Council considers the
economic climate of the Township warrants a change to the development
charge being imposed:
Service
NON - RESIDENTIAL
Municipal Wide Services:
Roads and Related
0%
Fire Protection Services
0%
Police Services
0%
Outdoor Recreation Services
0%
Indoor Community Ser\nces
0%
Administration
0%
Total Municipal Wide Services
0%
Reduction of Development Charges Where Redevelopment
3.8 Despite any other provision of this by -law, where, as a result of the
redevelopment of land, a building or structure existing on the same land
within 60 months prior to the date of payment of development charges in
regard to such redevelopment was, or is to be demolished, in whole or in
part, or converted from one principal use to another principal use on the
same land, in order to facilitate the redevelopment, the development charges
otherwise payable with respect to such redevelopment shall be reduced by
the following amounts:
a) in the case of a residential building or structure, or in the case of a
mixed -use building or structure, the residential uses in the mixed -use
building or structure, an amount calculated by multiplying the
applicable development charge under Subsection 3.6 and 3.7 and of
this by -law by the number, according to type, of dwelling units that
have been or will be demolished or converted to another principal use;
and
b) provided that such amounts shall not exceed, in total, the amount of
the development charges otherwise payable with respect to the
redevelopment.
Time of Payment of Development Charges
3.9 Development charges imposed under this section are payable upon issuance
of a building permit with respect to each dwelling unit, building or structure.
4.0 Payment by Services
4.1 Despite the payments required under Subsection 3.9, Council may, by
agreement, give a credit towards a development charge in exchange for work
that relates to a service for which a development charge is imposed under
this by -law.
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5.0 Indexing
5.1 Development charges imposed pursuant to this by -law may be adjusted
annually, without amendment to this by -law, commencing on January 1, 2015
and each January 1 annually thereafter, in accordance with the Act. The
amount of the adjustment shall be determined by the annual change in
Statistics Canada's Non - residential Billing Construction Price Index.
6.0 Schedules
6.1 The following schedules to this by -law form an integral part thereof:
Schedule "A" Components of Services Designated in Subsection 2.1
Schedule "B" Residential and Non - Residential Development Charges
— municipal -wide
7.0 Date By -Law in Force
7.1 This by -law shall come into force upon passage.
8.0 Date By -Law Expires
8.1 This by -law will expire as of 5 years from the date of passage, unless it is
repealed at an earlier date.
9.0 Repeal
9.1 Upon the coming into force of this by -law, By -Law Nos. 2009 -105 and 2011-
086 of the Township of Oro - Medonte are hereby repealed.
By -Law Read a First, Second and Third time, and Passed this 7th day of
August, 2014.
The Corporation of the Township of Oro - Medonte
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Schedule "A" to By -Law No. 2014 -126
Designated Municipal Services under This By -Law
1. Roads and Related
• Roads, sidewalks, intersections, traffic signals, streetlights
• Depots and Domes
• Rolling Stock and equipment
2. Fire Protection
• Fire Facilities
• Fire Vehicles
• Small Equipment and Gear
3. Outdoor Recreation Services
• Parkland Development, Amenities & Trails
• Parks Vehicles and Equipment
4. Indoor Community Services
• Indoor Community Facilities
5. Administration
• Studies
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Schedule "B" to By -Law No. 2014 -126
Schedule of Municipal -Wide Development Charge
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RESIDENTIAL
NON - RESIDENTIAL
Service
Single and Semi-
Apartments- 2
Apartments-
(per 11112 of Gross Floor
Detached Dwelling
Bedrooms+
Bachelor and 1
Other Multiples
Area)
Bedroom
Municipal Wide Services:
Roads and Related
2,947
1,821
1,338
2,504
1.15
Fire Protection Seances
969
599
440
823
0.40
Police Seances
-
-
-
-
0.00
Outdoor Recreation Sertices
1,231
760
559
1,046
0.27
Indoor Community Seances
1,468
907
666
1,248
0.33
Administration
212
131
96
180
0.09
Total Municipal Wide Services
6,827
4,218
3,099
59801
2.24
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