2019-100 By-Law for the imposition of Development Charges and Repeal By-Law No. 2014-126The Corporation of the Township of Oro-Medonte
By -Law No. 2019-100
A By -Law for the Imposition of Development Charges
and Repeal By -Law No. 2014-126
Whereas the Development Charges Act, 1997c. 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 16th day of September, 2019 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,
"Act" means the Development Charges Act, S.O. 1997, c. 27, as amended, or
any successor thereto;
"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;
"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, and includes a
stacked townhouse;
"Back-to-back townhouse" means a building containing more than two
dwelling units separated vertically by a common wall, including a rear common
wall, that do not have rear yards;
"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;
"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;
"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;
"Building Code Act" means the Building Code Act, R.S.O. 1992, c.23, as
amended, or any successor thereto;
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"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; 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.
"Commercial" means any non-residential development not defined under
"institutional" or "industrial';
"Council" means the Council of The Corporation of the Township of Oro-
Medonte;
"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;
"Development charge" means a charge imposed pursuant to this Bylaw;
"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;
"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. PA 3,
as amended, (the"Planning Ad) subsequent to this by-law coming into effect for
which full development charges were paid, and is used for or in connection
with
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(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;
"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 and marijuana faciltiies.
"Grade" means the average level of finished ground adjoining a building or
structure at all exterior walls;
"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;
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"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;
"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;
"Local board" has the same definition as defined in the Development Charges
Act, S.O. 1997 c.27, as amended;
"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;
"Marijuana facilities" means a building used, designed or intended for
growth, producing, testing, destroying, storing or distribution, excluding retail
sales, of medical marijuana or cannabis authorized by a license issued by the
federal Minister of Health pursuant to section 25 of the Marihuana for Medical
Purposes Regulations, SOR/2013-119, under the Controlled Drugs and
Substances Act, S.C. 1996, c.19;
"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;
"Multiple dwelling" means all dwellings other than single detached dwellings,
semi-detached dwellings, and apartment dwellings but includes a back-to-back
townshouse;
"Municipality" means The Corporation of the Township of Oro-Medonte;
"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;
"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;
"Regulation" means any regulation made pursuant to the Act;
"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;
"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;
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"Services" (or "service") means those services set out in Schedule "B" to this
By-law;
"Servicing agreement" means an agreement between a landowner and the
municipality relative to the provision of municipal services to specified lands
within the municipality;
"Single detached dwelling unit" means a residential building consisting of
one dwelling unit and not attached to another structure and includes mobile
homes;
"Special care facilities" means lands, buildings or structures used or
designed or intended for uses for the purpose of providing supervision, nursing
care or medical treatment, which do not comprise dwelling units, that are
licensed, approved or supervised under any special or general statute, and
excludes the special care/special dwelling portions of the building;
"Special care/special dwelling" means a residential portion of special care
facilities containing rooms or suites of rooms designed or intended to be used
for sleeping and living accommodation that have a common entrance from
street level:
Where the occupants have the right to use in common, halls, stairs,
yards, common rooms and accessory buildings;
ii. Which may or may not have exclusive sanitary and/or culinary
facilities;
iii. That is designed to accommodate persons with specific needs,
including, but not limited to, independent permanent living arrangements;
and
iv. Where support services such as meal preparation, grocery shopping,
laundry, housekeeping, nursing, respite care and attendant services may
be provided at various levels.
"Stacked townhouse dwelling" means a building containing two or more
dwelling units where each dwelling unit is separated horizontally and/or
vertically from another dwelling unit by a common wall or floor.
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) Services Related to a Highway
(b) Fire Protection Services
(c) Outdoor Recreation Services
(d) Indoor Community Services
(e) Administration — Engineering Services
(f) Administration — Community Based Services
(g) Water Services
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(h) Wastewater Services
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.
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)
ct,
(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,
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(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:
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,
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(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 Schedules 'B", "C'; "D', "E'; and `F"
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.
Non -Residential Uses
3.7.1 The development charges described in Schedules "B", "C'; "D'; "E", and `F"
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
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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
1.9 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, 2020
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 -
Township -wide — Hard Services
Schedule "C" Residential and Non -Residential Development Charges -
Township -wide — Soft Services
Schedule "D" Residential and Non -Residential Development Charges —
Area Specific— Horseshoe Valley Settlement Area
Schedule "D-1 " Map of the Area Specific Horseshoe Valley Settlement Area
Schedule "E" Development Charges — Area Specific — Select
Developments of Horseshoe Valley Settlement Area
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Schedule "E-1" Map of the Select Developments within the Horseshoe
Valley Settlement Area
Schedule "F" Development Charges — Area Specific — Warminster Water
Service Area
Schedule "F-1" Map of the Area Specific Warminster Water Service Area
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 No. 2014-126 of the
Township of Oro-Medonte is hereby repealed.
By -Law Read a First, Second and Third time, and Passed this 231d day of
October, 2019.
The Corporation of the Township of Oro-Medonte
'A I AL" /// �
H.S. Hughes, M f
or
Jan tte Teeter, Deputy Clerk
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SCHEDULE "A"
SUMMARY OF DEVELOPMENT CHARGE SERVICES
Township -Wide Services
(a) Services Related to a Highway
(b) Fire Protection Services
(c) Outdoor Recreation Services
(d) Indoor Recreation Services
(e) General Government — Engineering Studies
(f) General Government — Community Based Studies
Area Specific Services — Horseshoe Valley Settlement Area
(a) Water Services
(b) Wastewater Services
Area Specific Services — Warminster Water Service Area
(a) Water Services
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SCHEDULE "B"
SCHEDULE OF DEVELOPMENT CHARGES - HARD SERVICES
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SCHEDULE "C"
SCHEDULE OF DEVELOPMENT CHARGES — SOFT SERVICES
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SCHEDULE "D"
SCHEDULE OF AREA SPECIFIC DEVELOPMENT CHARGES — HORSESHOE VALLEY SETTLEMENT AREA
Note: This charge is payable in addition to the Township -Wide SeNces (Hard and Soft Senrices)
Horseshoe Valley Settlement Area - Water
Services
New Well and Pump
to
(Hard and Soft Services)
5,191
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SCHEDULE "E"
SCHEDULE OF AREA SPECIFIC DEVELOPMENT CHARGES — HORSESHOE VALLEY SETTLEMENT AREA
Development within:
- Heights of Horseshoe Phase
- Landscapes Phase 3 & 4
Wastewater Services
9,555
Note: This charge is payable in addition to the Township -Wide Services
(Hard and Soft Services) and Horseshoe Valley Area Specific Charges in
Schedule D
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