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2004-094 A by-law of the Corporation of the Township of Oro-Medonte with respect to Development Charges THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW 2004-94 Being a By-law of the Corporation of the Township Of Oro-Medonte With respect to Development Charges 8 WHEREAS Section 2(1) of the Development Charges Act, 1997 enables the Council of a municipality to pass by-laws for the imposition of Development Charges against lands located in the municipality where the development of the land would increase the need for municipal services as designated in the by-law; AND WHEREAS The Corporation of the Township of Oro-Medonte has determined that the development of lands within the municipality will increase the need for municipal services; AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte, at its meeting of July 7, 2004, approved the recommendations contained in a report entitled Township of Oro-Medonte Development Charges Update prepared by Meridian Planning Consultants Inc. in June 2004; AND WHEREAS the Council of the Corporation of the Township of Ora-Medonte has indicated its intent, by Resolution on the 14th day of July, 2004, that it intends to ensure that the increase in need for services attributable to the anticipated development in the Municipality will be met; AND WHEREAS the Council of the Corporation of the Township of Oro-Medonte has given Notice of its Development Charges proposal in accordance with subsection 12(1) of the Act, and held a public meeting on June 21,2004; AND WHEREAS the Council of the Corporation of the Township of Ora-Medonte has, by Resolution on the 14th day of July, 2004, determined that no further public meeting is required in accordance with Section 12(3) of the Development Charges Act, 1997; NOW THEREFORE The Corporation of the Township of Ora-Medonte by its Council enacts the following: PART I - DEFINITIONS 1. "Act" means the Development Charqes Act, 1997, S.O. 1997, c.27. 2. In this by-law: (a) all words and phrases used in this by-law that have been defined in the Act shall have the same meaning as those words and phrases in the Act; (b) words and phrases that have not been defined in either the Act or this by-law, but that have been defined in the Township of Ora-Medonte Zoning By-law No. 97-95 shall have the same meaning given to them in such by-law; (c) if said Zoning By-law No. 97-95 is amended or is repealed and replaced with a successor by-law, the words and phrases as amended or as defined in said successor by-law shall have the same meaning in this by-law unless they are given other meanings in the Act or in this by-law; (d) the reference to any statute or regulation in this by-law includes not only the state or regulation itself, but also any statute or regulation that replaces it in the future; and (e) the reference to any section or subsection of any statute or regulation in this by-law includes not only the section or subsection itself but also the equivalent section or subsection in any statue or regulation that replaces it, as amended from time to time. 8 PART 11- IMPOSITION OF DEVELOPMENT CHARGES 1. This By-law applies to all lands in the Township of Ora-Medonte. 2. 3. , 4. 5. 6. ~ Any development or redevelopment of lands, buildings or structures for residential purposes is deemed to require the provision, enlargement and/or expansion of the services referred to in Schedule 'A'. Subject to the provisions of this By-law, Development Charges against lands shall be imposed and collected with the base rate set out in Schedule 'B', which relates to the services which are set out in Schedule 'A'. This By-law does not provide for the phasing-in of the schedule of base rates in Schedule 'B'. This By-law shall apply to the residential development of all lands, buildings and structures within the Corporate limits of the Corporation of the Township of Oro-Medonte, whether or not the land is exempt from taxation under Section 3 of the Assessment Act, RS.O. 1990, cA31. I' The Development Charge shall be collected when the residential development requires the issuing of a permit under the Building Code Act, 1992 in relation to a building or structure. Development Charges shall be calculated and payable in full in money (cash or certified cheque in Canadian funds) or by provisions of services as may be agreed upon, or by credit granted by the Act. 7. In the case of residential use or the residential portion of a mixed-use development, the Development Charge shall apply to each dwelling unit. PART III - EXEMPTIONS 1. This by-law shall not apply to non-residential development including land that is owned by and used for the purposes of: a Board of Education; and, any municipality or local board thereof. 2. No Development Charge shall be payable for the redevelopment of a dwelling unit that has been demolished, provided that a building permit for the redevelopment is issued within five years of the date that a demolition permit has been issued. 3. Development Charges are not payable where: two or less dwelling units are being added to a single detached dwelling, provided the total gross floor area of the additional dwelling unit or units is less than or equal to the gross floor area of the dwelling unit already in the building; one dwelling unit is being added to a semi-detached dwelling or a townhouse dwelling, provided the gross floor area of the additional unit is less than or equal to the gross floor area of the dwelling unit already in the building; or, one dwelling unit is being added to an building containing apartment dwellings or a building containing dwellings which are not considered to be single detached, semi- detached or townhouse dwellings, provided the gross floor area of the additional unit is less than or equal to the gross floor area of the smallest dwelling unit already in the building. PART IV - LOCAL SERVICES Nothing in this By-law prevents Council from requiring, as a condition of an agreement under Sections 51 or 53 of the Planning Act, that the owner, at his or her expense, shall install or pay for local services as Council may require. PART V - INDEXING The Development Charge shall be adjusted, without amendment to this by-law, on the first day of January in each year, beginning January 1't, 2005, in accordance with the Statistics Canada Quarterly, Construction Price Statistics. 2 PART VI- REPEAL OF FORMER BY-LAWS By-law 99-81 of the Township of Oro-Medonte is repealed by this By-law. PART VII- EXPIRY OF BY-LAW r This By-law shall expire five years after it comes into force. PART VIII - ADMINISTRATION This by-law shall be administered by the Treasurer of the Municipality. PART IX - SCHEDULES TO THE BY-LAW The following schedules to this by-law form an integral part of this by-law; (1) Schedule A - Classification of Services; and (2) Schedule B - Components of Development Charge. PART X - SEVERABILITY If for any reason whatsoever any provision, terminology, covenant or condition of this by-law, or any application to any person or circumstances, is to an extent held to be or rendered invalid, unenforceable or illegal, then such provisions, terminology, covenants or condition is deemed to be independent of the remainder of the by-law or any part thereof, and this by-law continues to be applicable to and enforceable to the fullest extend permitted by law against any person in circumstances other than those as to which it has been held or rendered invalid, unenforceable or illegal. pART XI - EFFECTIVE DATE This by-law comes into force and effect on the date of its enactment. BY-LAW READ A FIRST AND SECOND TIME THIS 11th DAY OF AUGUST 2004. BY-LAW READ A THIRD TIME AND PASSED THIS 11th DAY OF AUGUST 2004. I 1 I I ~ I 3 SCHEDULE "A" to BY-LAW No. 2004-94 TOWNSHIP OF ORO-MEDONTE THE DEVELOPMENT CHARGES BY-LAW Classification of Services ITEM TRANSPORTATION Road upgrades Road equipment Public works garages Sand storage FIRE + EMERGENCY Fire stations Equipment Small equipment RECREATION Parkland development Arena Community centres ADMINISTRATION Official Plan update Secondary Plans Development Charges Study Office equipment Lake Simcoe Regional Airport Generator 4 ITEM - TRANSPORTATION FIRE AND EMERGENCY RECREATION ADMINISTRATION GRAND TOTAL SCHEDULE "B" to BY-LAW No. 2004-094 TOWNSHIP OF ORO-MEDONTE THE DEVELOPMENT CHARGES BY-LAW Components of Development Charge CHARGE PER SINGLE DETACHED DWELLING CHARGE PER OTHER DWELLING UNIT $2,664.41 $2,254.50 $402.83 $340.85 $661.42 $559.66 $104.79 $88.67 $3,833.44 $3,243.68 5 PERCENT OF TOTAL 69.50% 10.51% 17.25% 2.73% 100%