08 11 2004 Sp Dev Chrg Agenda
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TOWNSHIP OF ORO-MEDONTE
SPECIAL COUNCIL MEETING AGENDA
COUNCIL CHAMBERS
DATE: WEDNESDAY, AUGUST 11, 2004
TIME: IMMEDIATELY
FOLLOWING SPECIAL
COUNCIL MEETING
.........................................................................................................................
1. OPENING OF MEETING BY THE MAYOR
2. ADOPTION OF AGENDA
3. "DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF-
IN ACCORDANCE WITH THE ACT"
4. BY-LAWS:
a) By-Law No. 2004-094
Being a By-law of the Corporation of the Township Of Oro-
Medonte With respect to Development Charges.
5. CONFIRMATION BY-LAW NO. 2004-095
6. ADJOURNMENT
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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
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 Oro-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 Ora-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 Oro-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.
PART 11- IMPOSITION OF DEVELOPMENT CHARGES
1. This By-law applies to all lands in the Township of Oro-Medonte.
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2. 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'.
3. 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'.
4. 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, R.S.O. 1990, c.A.31.
5. 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.
6. 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 1st, 2005, in accordance with the Statistics Canada Quarterly,
Construction Price Statistics.
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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
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 DAY OF 2004.
Mayor - J. Neil Craig
Clerk - Marilyn Pennycook
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SCHEDULE "A" to BY.LAW No. 2004-94
TOWNSHIP OF ORO.MEDONTE
THE DEVELOPMENT CHARGES BY-LAW
Classification of Services
ITEM
TRANSPORT A TION
Road upgrades
Road equipment
Public works garages
Sand storage
FIRE + EMERGENCY
Fire stations
Equipment
Small equipment
RECREATION
Parkland development
Arena
Community centres
ADMINISTRA nON
Official Plan update
Secondary Plans
Development Charges Study
Office equipment
Lake Simcoe Regional Airport
Generator
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SCHEDULE "B" to BY-LAW No. 2004.094
TOWNSHIP OF ORO-MEDONTE
THE DEVELOPMENT CHARGES BY-LAW
Components of Development Charge
CHARGE PER CHARGE PER PERCENT
ITEM SINGLE DETACHED OTHER DWELLING OF
DWELLING UNIT TOTAL
TRANSPORT A TION $2,664.41 $2,254.50 69.50%
FIRE AND $402.83 $340.85 10.51%
EMERGENCY
RECREATION $661.42 $559.66 17.25%
ADMINISTRATION $104.79 $88.67 2.73%
GRAND TOTAL $3,833.44 $3,243.68 100%
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THE CORPORA nON OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2004-095
BEING A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE SPECIAL
COUNCIL MEETING HELD ON WEDNESDAY, AUGUST 11, 2004.
THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
HEREBY ENACTS AS FOLLOWS:
1. THAT the action of the Council at its Special Council Meeting held on
Wednesday, August 11, 2004, and in respect to each Motion, Resolution and
other actions passed and taken by the Council at its said Meeting is, except
where prior approval of the Ontario Municipal Board is required, hereby adopted,
ratified and confirmed.
2. THAT the Mayor and the proper Officials of the Township are hereby authorized
and directed to do all things necessary to give effect to the said action or to
obtain approvals where required and to execute all documents as may be
necessary on behalf of the Council of the Corporation of the Township of Ora-
Medonte. And, the Clerk is hereby authorized and directed to affix the corporate
seal to all said documents.
BY-LAW READ A FIRST AND SECOND TIME THIS 11'h DAY OF AUGUST, 2004.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 11'h DAY OF
AUGUST, 2004.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, J. Neil Craig
Clerk, Marilyn Pennycook