Body: Council Type: By-law Meeting: Regular Date: 2019 Collection: By-laws Municipality: South Frontenac
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Document Text
“apartment unit” means any residential dwelling unit within building containing more than two dwelling units where the residential units are connected by an interior corridor;
‘-I1I:uI??u1:I—::: “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; ‘1—j’:jI-I—11j “bene?ting area” means an area defined by a map, plan or legal a front-ending agreement as an area that description I——u inufljl-jlxxl–I:u1I: receive a benefit from the mi‘construction of a service; “capital costs“ means costs incurred or proposed to be incurred by the municipality or a local board thereof directly or under an agreement, (a) to acquire land or an interest in land, (b) to improve land, (c) to acquire, construct or improve buildings and structures, (d) to acquire, construct or improve facilities including: rolling stock, furniture and equipment with an estimated useful life of seven years or more,
[T materials acquired for circulation, reference or j".-information purposes -.__ by a library board as defined in the Public Libraries Act 1984 S.O. —_.:-..
1984, c. 57,
*j——’: furniture and equipment, other than computer equipment, 11-?-3.. (e) to undertake studies in connection with any matter under the Act and any Z jZ‘_F1"II for the provision of services 1of the matters in clauses (a) to (d), required -‘1–r’-r’-’—designated in this by-law within or outside the municipality, including 1’:-—T-j—:’—’ interest Z “1-Hon borrowing for those expenditures under clauses (a), (b), (c) and (d) that are growth-related; -jlj
(8) “commercial use” means the use of land, structure or building for the j—j——-1j-’-I–I purpose of buying and selling of commodities and supplying of services as jj’—:’-j—-"-’-.-distinguished *j__IHZ1m from manufacturing or assembling of goods, also as distinguished from other purposes such as warehousing and/or an open storage yard; 11j1-jlj-11:-I (9)
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‘‘council’‘means the Council of the municipality;
(10) “deve|opment" means the construction, erection or placing of one or more —I——-—I-I-.r—-lulu-|—. buildings or structures on land or the making of an addition or alteration to a —I–1–—-—.|rj|r—|. building or structure that has the effect of increasing the size or usability thereof, —|-1———I–I.-I-r1.1 and ::.includes redevelopment; (11) “development charge” means a charge imposed with respect to growth—I—-I-——tn-1:1 related net capital costs against land in the municipality under —.—.____-.l 1…. this by-law;
- “dwellingunit” (12) means any part of a building or structure used, designed or —|él—-I-I.-r-njr intended to be used as a domestic establishment in which one or more persons j-…::…..,”…1
may sleep and are provided with culinary and sanitary facilities for their exclusive use; (13) “existing industrial building” with:
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building used for or in connection
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(2)
Which may or may not have exclusive sanitary and/or culinary facilities;
(3)
That is designated to accommodate persons with specific needs, including, but not limited to, independent permanent living arrangements;
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‘F—:’—I——I-—I:I-j Where support services such as meal preparation, grocery I—I-I—I-I1I1I-1|-1Iu1— shopping, laundry, housekeeping, nursing, respite care, and attendant services may be provided at various levels; Ehiil?
I(5)
IJIJJ—-I-III-In-Ijj: And includes, but is not limited to, retirement houses, nursing —1j 1 group homes (including correctional group homes) and homes, hospices; —I—
For the purposes of this by-law each of the following permanent and seasonal units shall be deemed to be a separate dwelling unit: (i) I
Each single detached dwelling;
(ii) I
|_ Each dwelling unit within Ia duplex or semi-detached dwelling; and
_
Each suite, apartment or unit within triplex, quadraplex, high density multiple unit residential development or similar development;
SCHEDULE OF DEVELOPMENTCHARGES Subject to the provisions of this by-law, development charges against land shall be calculated and collected in accordance with the base rates set out in Schedules “B-1 and “B-2”, which relate to the services set out in Schedule ”
(2)
The development charge with respect to the use of any land, buildings or structures shall be calculated as follows: in the case of residential development, or the residential portion of a mixed-use development, based upon the number and type of dwelling units;
-in the case of commercial and/or industrial, or the commercial -—j
and/or industrial portion of a mixed-use development, based upon ‘— — the gross ?oor area of such development. jjj–T:
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Council hereby determine that the development of land, buildings or :T-j.—… structures for residential and commercial and/or industrial uses will require :-:j:-..the provision, enlargement, expansion or improvement of the services j.—j.j_: referenced in Schedule “B”
APPLICABLE LANDS '
‘—":i"’—-.-.-.’-.-.-."""-.-’:’ -.-.-.""’ Subject to Subsections (2), (3), (4) and (5), this by-law applies to all lands in the Township of South Frontenac whether or not the land or use is
exempt from taxation under Section 3 of the Assessment Act, R.S.O. 1980, c.31. (2)
-zxjjl-ujjj This by-law shall not apply to land that is owned by and use for the jlpurposes of: (a) (b)
-(C) -(d)
(6)
(3)
.
a board of education; any municipality or local board thereof;
bona ?de agricultural use or fann building;
a place of worship and land used in connection therewith, and -2-j—jjj_— j churchyard, cemetery and burial ground exempt from taxation j—:’:j1j under Section 3 of the Assessment Act R.S.O. 1980, c.31. secondary residential units located both within the primary dwelling and in separate detached accessory structures.
This by-law shall not apply to that category of exempt development —j—r.-1—.-jr-’-F described in Subsection 2(3)(b) of the Development Charges Act, 1997, j-j-fl–jlj–I-r c.27 and Section 2 of O.Reg. 82/98, namely:
NAME OF CLASS OF RESIDENTIAL BUILDING
DESCRIPTION OF CLASS OF RESIDENTIAL
MAXIMUMNUMBER OF ADDITIONAL DWELLINGUNITS
RESTRICTIONS
Two
The total gross floor area of the dditional dwelling unit or units ust be less than or equal to the ross ?oor area of the dwelling nit already In the building.
One
The gross ?oor area of the dditional dwelling unit must be than or equal to the gross our area of the dwelling unit already in the building.
BUILDINGS
Single detached dwellings
Semi-detached -rowdwellings
dwellings
Other residential buildings
(a)
F(d)
Residential buildings, each of which contains a single dwelling unit, that are not to other buildings.
rttached
orlf?sidential buildings, each of ich contains a single welling unit, that have one or vertical walls, but no other parts, attached to other buildings. IAresidential building not in nother class of residential uilding described in this table.
Ease One
the gross ?oor area of the dditional dwelling unit must be ess than or equal to the gross our area of the smallest welling unit already in the uilding.
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 this section. gross ?oor area is enlarged by 50 percent or less, the amount Ifthe —|:-Ilrtl-In-II-.|.._| of the development charge in respect of the enlargement is -?I——I–1–Irjn.
the gross ?oor area is enlarged by more If—|—I-run:-I rl-I-|I.|.|I. than 50 percent, the amount of the development charge in respect tr-r-..|| of the enlargement is ——-I-—-I–—the amount of the development charge that would otherwise be -:———-I-r–I-32-. payable multiplied by the fraction determined -I—-I—-I-r— —-I-J2 as follows: ' (i)
Determine the amount by which the enlargement exceeds 50 ‘‘I’fII percent of the gross ?oor area before the enlargement. TIZI-fI£ZfI1j
' (ii)
Divide the amount determined under paragraph I’IfIfIu’-J?ljl amount of the enlargement. I—niIf‘Iu
by the Inl-
The Development charges in (a) through (c) above ?ff exemption to -T-IIuI1IIJ— shall ?rst instance ofIIan industrial ‘I—1? I-I-25 expansion. ‘T’I only apply to the
(5) F
That where a con?ict exists between the provisions of the new by-law and ‘IfTIE—-—Z’I1I—fI-—j any other agreement between ‘I’I-—1’Iu: Jj respect the Township and the owner, with ‘I’fPEET to land to be charged under this policy, the L provisions of such agreement ‘III I’—I—1u prevail to the extent of the conflict. IZI’IjI—II’I
(6)
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This by-law is not applicable to development for which a complete -In–Ij|1J||.J:|.|. application for building -j 1.-I-—|.|.uJ.|.|.|.|__ permit has been submitted prior to the in-force date of this by-law. Zr-
(1)
Subject to Subsection (2), development charges shall apply to, and shall be calculated and collected in accordance with, the provisions of this bylaw on land to be developed for residential and commercial, industrial andlor institutional use, where:
-
the development Eh
of that land will“I; increase the need for services,
and the development requires: (i)
the passing of a zoning by-law or an amendment thereto under Section 34 of the Planning Act, 1990;
(ii)
the approval of a minor variance under Section 45 of the Planning Act, 1990;
(iii)
a conveyance of land to which a by-law passed under Subsection 50(7) of the Planning Act, 1990;
(iv)
the approval of a plan of subdivision under Section 51 of the
(v)
a consent under Section 53 of the
(vi) (vii)
T–— the approval of a description under Section 51 of the –2–:’— 1Condominium Act R.S.O. 1980, c.84; or #1
the issuing of a I21‘-I-FII permit under the Building Code Act, R.S.O. 1992 in relation to a building or structure.
“—‘fI’-‘Z’l’j’l’ (2) Subsection (1) shall not apply in respect of:
local services installed at the expense of the owner within a plan of -1:-I-til-I-I-I—|-I subdivision as a condition of approval under Section 52 of the j-.j…...….
local services installed at the expense of the owner as a condition of approval under Section 53 of the Planning Act, 1990.
EXISTINGAGREEMENTS '
agreement with respect to charges related to development registered prior to An “I:fIE’-‘If-’-I—?I-——-Iul passage of the by-law remains in effect I’T"I’f—‘fEI f——after enactment -I—I-L of this by-law.
MULTIPLE CHARGES '
(1)
Where two or more of the actions described in Section 4(1) are required —I’—"—ufI-—u—-II?before land to which development charge applies can be developed, ‘I a ‘fl-—I-—-I—I1 Zlfll only one development charge shall be calculated and collected in ‘IfIE-Pu’XII—ZJ-I-I-IIaccordance with the provisions of—In’I— this by-law. ZEITIJII
(2) F
Notwithstanding Subsection (1), ‘fff?’; if two or more of the actions described in ‘uIIuII—IIu-I1I—I— Section 4(1) occur —u’IfEI-J’I1IjI-I-—Iat different times, and if the subsequent action has the ‘—” effect of increasing the need for II-I-IjII—I-I municipal services as designated in ‘—fffZIn’I Schedule an additional development charge on the additional ZI”‘I-IE—u’X-I-1residential units fflff–‘IZu’I-xdllu and/or commercial and/or industrial ?oor area, shall be ZPI calculated and collected in accordance with the provisions of this by-law. P-II-—I£Z-I1: ‘f—fI
SERVICE STANDARDS ‘III-uIII-I’Iuj1I—I—I?IuIFor the purposes of Section 8, the approved service standards for the I-uI-Iu’—-IuIuI-I–II:IjI— municipality are those contained in the Development Charges Background Study dated May 31 2019. -—n’EI
SERVICES IN LIEU
I
(1)
‘II-I—-I-I1:u-I?ll-J—uj— Council may authorize an owner to substitute the whole or such part of the Hh? —j— development charge applicable to the owner’s development as may be ‘I—i—.*IhZ? speci?ed in an agreement by the provision at the sole expense of the I-IjI—I-I-1II-j owner, of services in lieu. Such agreement shall further specify that where -hhlh the owner provides services in lieu in accordance with the agreement, :’—#lhl ?uhIhI“—j Council shall give to the owner a credit against the development charge 2—I-Iull-I-I–Iuxlulujj otherwise applicable to the development, equal to the reasonable cost to the owner of providing the services in lieu provided such credit shall not -u’Iu'1—-Iu—I-II-:I1—I:— -III—IjJ11I–juh exceed the total development charge payable by an owner to the municipality. I-
(2)
In any agreement under Subsection (1). Council may also give a further credit to the owner equal to the reasonable cost of providing services in addition to, or of a greater size or capacity, than would be required under this by-law.
I(3)
‘J—I1IJIuII1I-I—Ij-j The credit provided for in Subsection (2) shall not exceed the service —1I—j-‘HI; standards referenced in Section 7 and used in the calculation of the —JI-‘u’—‘IJ—-1I—I-ju charges in Schedules “B-1"and “B-2” and no credit shall be charged to u’-I -J–Iljjl-Ijll-j any development charges reserve fund prescribed in this by-law.
FRONT-ENDINGAGREEMENTS I
(1)
A?ijl?j Council may enter into a front-ending agreement with any or all owners ‘-I-I IuI——u1j-I-I-u within a bene?tting area pursuant to Section 21 h— of the Development -—-IuI1—uIuI-jljuj Charges Act, 1997, providing for the payment by the owner or owners of uII—I-I1IuIuI:IJI–jIju— a front-end payment or for the installation of services by the owners or any ISLE‘-I111—-II1-jzx combination of front-end payments and installation of services, which may be in addition to the required development charge. 1’-..
(2) I
Front-end payments made by bene?tting owners under a front-ending -n?—I:Iu:Iu:I-III
agreement relating to the provision of services for which a development ..‘ charge is payable shall be credited with an amount equal to the II-I:IJJIu—I-J-I3 reasonable cost to the owner of providing the services, against the —dIhI
-uhhjH—h— development charges otherwise payable under Schedule “B” of this bylaw. X (3) F
—_ No credit given pursuant to Subsection 9(1) shall exceed the total XII-IIdevelopment charge payable by the owner for the applicable service II:I-I:Icomponent or the standard of service outlined in Schedule “B” and C£ referenced in Section 7. —I-
(4) I
‘EH1’:-I1I-Ilj-IjI—: The front-end payment required to be made by the bene?tting owner j under a front-ending agreement may be adjusted annually.
