2009-105 by-law for the imposition of development chargesTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NUMBER 2009 -105
A by -law for the imposition of development charges
WHEREAS the Development Charges Act, S.O 1997 c. 27, as amended, (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 28`h day of July, 2009 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 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;
(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, S.O. 1992, c. 13.23, 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;
(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;
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(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
(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
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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;
(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.
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2.0 DESIGNATION OF SERVICES
2.1 The categories of services for which development charges are imposed under this by-
law are as follows:
(iv) Roads and Related
(v) Fire Protection Services
(vi) Police Services
(vii) Outdoor Recreation Services
(viii) Indoor Recreation Services
(ix) 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 BV -law Applies
3.2 Subject to Subsection 3.3, this by -law applies to all lands in the geographic area of the
Township.
Exemptions
3.3 Notwithstanding the provisions of this by -law, development charges shall not be imposed
with respect to:
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.
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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:
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 (ii)1. 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 3.5 herein, "existing industrial building" is used as defined in
the Regulation made pursuant to the Act.
Amount of Charges
Residential
3.6 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.
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Non - Residential Uses
3.7 The development charges described in Schedules "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.
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.
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, 2010 and each January 1
annually thereafter, in accordance with the Statistics Canada Quarterly Construction
Price Statistics.
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 IMPLEMENTATION OF NON - RESIDENTIAL DEVELOPMENT CHARGE
7.1 The implementation of the Non - Residential Development Charge shall be delayed until
July, 2011.
8.0 DATE BY -LAW IN FORCE
8.1 This by -law shall come into force upon passage.
9.0 DATE BY -LAW EXPIRES
9.1 This by -law will expire as of 5 years from the date of passage, unless it is repealed at an
earlier date.
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10.0 REPEAL
10.1 Upon the coming into force of this by -law, By -law 2004 -94 of the Township of Oro -
Medonte is hereby repealed.
BY -LAW READ A FIRST AND SECOND TIME THIS 10 DAY OF AUGUST, 2009.
BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 10 DAY OF AUGUST, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. hes
J. Lharaialbs Irwin
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SCHEDULE "A"
TO BY -LAW NO. 2009 -105
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. Police Services
• Police Facilities
4. Outdoor Recreation Services
• Parkland Development, Amenities & Trails
• Parks Vehicles and Equipment
5. Indoor Recreation Services
• Recreation Facilities
6. Administration
• Studies
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SCHEDULE "B" TO BY -LAW NO. 2009 -105
SCHEDULE OF MUNICIPAL -WIDE DEVELOPMENT CHARGE
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RESIDENTIAL
NON - RESIDENTIAL
Service
Single- Detached
Apartments -
Dwelling &Semi-
Apartments- 2
Bachelor & 1
Multiple
(per ft of Gross Floor
Detached Dwelling
Bedrooms +
Bedroom
Dwellings
Area)
Municipal -Wide Services:
Roads and Related
$2,468
$1,562
$1,114
$2,065
$2.08
Fire Protection Services
886
561
400
741
0.51
Police Services
53
34
24
44
0.04
Outdoor Recreation Services
696
440
314
582
0.16
Indoor Recreation Services
1,001
633
452
837
0.22
Administration
215
136
97
180
0.18
Total Municipal -Wide Services
$5,319
$3,366
$2,401
$4,449
$3.19
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