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HomeMy WebLinkAboutBy-law No. 2022-067THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-067 A BY-LAW TO ESTABLISH DEVELOPMENT CHARGES FOR THE MUNICIPALITY OF BAYHAM WHEREAS subsection 2(1) of the Development Charges Act, 1997 c. 27, as amended (hereinafter called "the Act") provides that the council of a municipality may pass By-laws for the imposition of development charges against land for increased capital costs required because of the need for services arising from development in the area to which the by-law applies; AND WHEREAS the Council of The Corporation of the Municipality of Bayham has given notice on August 4, 2022 according to section 12 of the Development Charges Act, 1997 as amended, of its intention to pass a by-law under Section 2 of the said Act; AND WHEREAS the Council of the Municipality of Bayham has heard all persons who applied to be heard no matter whether in objection to, or in support of, the development charge proposal at a public meeting held on September 1, 20221 AND WHEREAS the Council of the Municipality of Bayham had before it a report entitled Development Charge Background Study dated August 5, 2022, prepared by Watson & Associates Economists Ltd., wherein it is indicated that the development of any land within the Municipality of Bayham will increase the need for services as defined herein; AND WHEREAS the Council of the Municipality of Bayham on September 1, 2022, approved the applicable Development Charge Background Study, as amended (if applicable) inclusive of the capital forecast therein, in which certain recommendations were made relating to the establishment of a development charge policy for the Municipality of Bayham pursuant to the Development Charges Act, 1997, as amended; AND WHEREAS the Council of the Municipality of Bayham on September 1, 2022, determined that no additional public meeting was required to be held as part of the approval process; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: INTERPRETATION 1.1 In this By-law the following items shall have the corresponding meanings: "Act" means the Development Charges Act, as amended, or any successor thereof; "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 principle use, building or structure; "agricultural use" means a bona fide farming operation; "ancillary" will have the same definition as "accessory"; "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, - "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; "benefiting 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; "board of education" has the same meaning as set out in the Education Act, R.S.O. 19990, Chap. E.2, as amended, or any successor thereof; "bona fide farm uses" means the proposed development will qualify as a farm business operating with a valid Farm Business Registration Number issued by the Ontario Ministry of Agriculture, Food and Rural Affairs and be assessed in the Farmland Realty Tax Class by the Ontario Property Assessment Corporation; "Building Code Act" means the Building Code Act, S.O. 1992, as amended, or any successor thereof; "cannabis/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; "class" means a grouping of services combined to create a single service for the purposes of this by-law and as provided in section 7 of the Act; "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, construct or improve facilities, including: (i) furniture and equipment other than computer equipment; and (ii) material acquired for circulation, reference or information purposes by a library board as defined in the Public Libraries Act, R.S.O. 19990, Chap. P.44, as amended, or any successor thereof; and (iii) rolling stock with an estimated useful life of seven years or more; and (e) to undertake studies in connection with any matter under the Act and any of the matters in clauses (a) to (d) above, including the development charge background study, required for the provision of services designated in this By-law within or outside the Municipality, including interest on borrowing for those expenditures under clauses (a) to (e) above that are growth -related; "commercial" means any non-residential development not defined under "institutional" or "industrial"; "Council" means the Council of the Municipality, "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 of usability thereof, and includes redevelopment; "development charge" means a charge imposed with respect to this By-law; "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" means the number, use and size that existed as of the date this By- law was passed; "existing industrial building" shall have the same meaning as the term is defined in the Regulation, "farm building" means that part of a bona fide farming operation encompassing barns, silos and other ancillary development to an agricultural use, but excluding a residential use; "grade" means the average level of finished ground adjoining a building or structure at all exterior walls; "gross floor area" means: in the case of a residential building or structure, the total 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 any other dwelling unit or other portion of a building; and ({-1) in the case of a non-residential building or structure, or in the case of a mixed -use building or structure with respect to 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: (i) a room or enclosed area within the building or structure above or below that is used exclusively for the accommodation of heating, cooling, ventilating, electrical, mechanical or telecommunications equipment that service the building; (ii) loading facilities above or below grade; and (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; "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. The portion of a Cannabis/Marijuana facility not used for growing of the product will also be included in this category; "Institutional" means development of a building or structure intended for use (a) as a long-term care home within the meaning of subsection 2 (1) of the Long -Term Care Homes Act, 2007; (b) as a retirement home within the meaning of subsection 2 (1) of the Retirement Homes Act, 2010; (c) by any of the following post -secondary institutions for the objects of the institution: (i) a university in Ontario that receives direct, regular, and ongoing operating funding from the Government of Ontario, (i i) a college or university federated or affiliated with a university described in subclause (i), or (iii) an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institutes Act, 2017; (d) as a memorial home, clubhouse or athletic grounds by an Ontario branch of the Royal Canadian Legion; or (a) as a hospice to provide end of life care, "interest rate" means the Municipality's annual rate of interest of 6.5%; "local board" means a local board as defined in the Development Charges Act; "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 with respect to the lands under sections 41, 51 or 53 of the Planning Act, R.S.O. 19990, Chap. P.13, as amended, or any successor thereof; "`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 dwellings" means all dwellings other than single detached, semi- detached and apartment unit dwellings; "Municipality" means the Corporation of the Municipality of Bayham; "non-profit housing" means development of a building or structure intended for use as residential premises by, (a) a corporation without share capital to which the Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing, (b) a corporation without share capital to which the Canada Not -for -profit Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing; or (c) a non-profit housing co-operative that is in good standing under the Co- operative Corporations Act; "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; "place of worship" means that part of a building or structure that is exempt from taxation as a place of worship under the Assessment Act, R.S.O. 1990, Chap. A.31, as amended, or any successor thereof; "regulation" means any regulation made pursuant to the Act; "rental housing" means development of a building or structure with four or more dwelling units all of which are intended for use as rented residential premises; "residential use" means land or buildings or structures of any kind whatsoever used, designed or intended to be used as living accommodations for one or more individuals; "Secondary dwelling unit" means a dwelling unit, whether contained within a proposed single detached dwelling or semi-detached dwelling, or ancillary to a single detached dwelling or a semi-detached dwelling including but not limited to a coach house, laneway suite or structure constructed above an existing garage or other structure separate from the primary dwelling unit, which comprises an area less than the gross floor area of the primary dwelling unit and is not capable of being legally conveyed as a separate parcel of land form the primary dwelling unit; "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 not other parts, attached or another dwelling unit where the residential units are not connected by an interior corridor; "service" (or "services") means a service designated in Schedule "A" to this By-law; "servicing agreement" means an agreement between a landowner and the Municipality relative to the provision of municipal services to specified land within the Municipality; "single detached dwelling unit" means a residential building consisting of one dwelling unit and not attached to another structure, including mobile homes; and "`zoning by-law" means the Zoning By -Law of the Municipality or any successor thereof passed pursuant to Section 34 of the Planning Act, S.O. 1998. 2. DESIGNATION OF SERVICES AND CLASSES 2.1 The categories of services and classes for which development charges are imposed under this By-law are as follows: (a) Water Services; and (b) Wastewater Services. 2.2 The components of the services and classes designated in section 2.1 are described in Schedule A. 3. 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 section 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 section 3.3, this By-law applies to the settlement areas described in Schedule A where water and/or wastewater services are available, whether or not the land or use thereof is exempt from taxation under s.13 of the Assessment Act. 3.3 Notwithstanding clause 3.2 above, this By-law shall not apply to lands that are owned by and used for the purposes of: (a) a board as defined in subsection 1 (1) of the Education Act; (b) the Municipality of Bayham or a local board thereof. Approvals for Development 34 (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 of 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 50 of the Condominium Act, R.S.O. 1990, Chap. C.26, as amended, or any successor thereof, or (vii) the issuing of a permit under the Building Code Act in relation to a building or structure. (t,) 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. 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. Fxemptik.i7s 3.b Notwithstanding the provisions of this By-law, development charges shall not be imposed with respect to the following residential criteria: Name of Class of Description of Class of Residential Building Maximum Number of Fvptrl qbl Residential Building Additional Dwelling Units Erjsting single detached Existing residential buildings, each of%vWch contains Two The total gross floor area of the additional ('welling unit or dwellings a single dwelling unit, that are not attached to other units must be less than or equal to the gross floor area of b0ldings, the dwelling unit already in the building. Edsting semi-detached Existing residential buildings. each of which contains One The gross floor area of the additional dwelling unit must be dwellings or row dwellings a single dwelling unit, Ural have one or two vertical less than or equal to the gross floor area of the dwelling but no other parts, attached to other buildings. unit already in the budding. Edsting rental residential Existing residential rental buildings, each of which Greater of one and 1;0 of the None. buildin contains four or more dwelling units emsting units in the bbildin Other existing residential An existing fesidential building not in another class of One The gross floor area of the additional dwelling unit must be buildings residential building described in this table. less than or equal to the gross floor area of the smallest dwelling unit already in the building. Proposed new detached Proposed new residential buildings that would not be The proposed new detached The proposed new detached dwelling must be located on dwellings attached to other buildings and that are permitted to dwelling must only contain a parcel of land on which no other detached dwelling, contain a second dwelling unit, that being either of two dwelling units. semidetached dwelling or rev dwelling would be located. the hvo dvrelflng units, if the units have the same gross floor area, or the smaller of the dwelling units. Proposed new semi- proposed new residential buildings that would have The proposed new semi- The proposed new semi-detached dwelling or raw dwelling detached dwellings or row one or two vertical walls, but no other parts, attached detached ('welling or row must be located on a parcel of land on which no other dwellings to other buildings and that are permitted to contain a dwelling must only contain detached dwelling, semi-detached dwelling or row dwelling second dwelling unit, that being either of the two two dwelling units. would be located. dwelling units, if the units have the same gross floor area, or the smaller of the dwelling units. Proposed new residential Proposed new residential buildings that would be The proposed new detached The gross floor area of the dwelling unit in the proposed buildings that would be ancillary to a proposed new detached dwelling, semi- dwelling, semi-detached new residential building must be equal to or less than the ancillary to a proposed new detached dwelling or row dwelling and that are dwelling or row dwelling, to gross floor area of the detached ('welling, semi-detached detached dwelling, semi- permitted to contain a single dwelling unit which the proposed new dwelling or rovr dwelling to which the proposed new detached dwelling or rovi residential building would be residential building is ancillary. dwelling ancillary, must only contain one dwelllpq unit. Source: v. xeg. tt2j'ytf, S. z. 3.6 Other Exemptions: (a) Notwithstanding any other provision of this by-law, development charges shall not be imposed with respect to: (i) Non-residential uses Amount of Charges. Residential 3.7 The development charges set out in Schedule B shall be imposed on residential uses of land, 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. Reduction of Development Charges for Redevelopment 3.8 Despite any other provisions 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 section 3.7 by the number, according to type, of dwelling units that have been or will be demolished or converted to another principal use; 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 By-law are calculated, payable and collected upon issuance of a building permit with respect to each dwelling unit, building or structure. 3.10 Notwithstanding subsection 3.7, development charges for rental housing and institutional developments are due and payable in 6 instalments commencing with the first instalment payable on the date of occupancy, and each subsequent instalment, including the applicable interest rate, payable on the anniversary date each year thereafter. 3.11 Notwithstanding subsection 3.7, Development Charges for non-profit housing developments are due and payable in 21 instalments commencing with the first instalment payable on the date of occupancy, and each subsequent instalment, including the applicable interest rate, payable on the anniversary date each year thereafter. 3.12 Where the development of land results from the approval of a Site Plan or Zoning By-law Amendment received on or after January 1, 2020, and the approval of the application occurred within two years of building permit issuance, the development charges under subsection 3.7 shall be calculated on the rates set out in Schedule "B" on the date of the planning application, including the applicable interest rate. Where both planning applications apply development charges under subsection 3.7 shall be calculated on the rates, including the applicable interest rate, set out in Schedules "B" on the date of the later planning application. 3.13 Despite section 3.9, Council from time to time, and at any time, may enter into agreements providing for all or any part of a development charge to be paid before or after it would otherwise be payable, in accordance with section 27 of the Act. 4, PAYMENT BY SERVICES 4.1 Despite the payment required under section 3.7, Council may, by agreement, give a credit towards a development charge in exchange for work that relates to a service to which a development charge is imposed under this By-law. 5. INDEXING _1 Development charges imposed pursuant to this By-law shall be adjusted annually, without amendment to this By-law, commencing on the 1 st of January 2023 and each year thereafter, in accordance with the prescribed index in the Act. B_ SCHEDULES 6.1 The following schedules shall form part of this By-law: Schedule A — Components of Services Designated in section 2.1 Schedule B — Residential Development Charges. CONFLICTS 7.1 Where the Municipality and an owner or former owner have entered into an agreement with respect to land within the area to which this By-law applies, and a conflict exists between the provisions of this By-law and such agreement, the provisions of the agreement shall prevail to the extent that there is a conflict. 7.2 Notwithstanding section 7.1, where a development which is the subject of an agreement to which section 7.1 applies, is subsequently the subject of one or more of the actions described in subsection 3.4 (a), an additional development charge in respect of the development permitted by the action shall be calculated, payable and collected in accordance with the provisions of this By-law if the development has the effect of increasing the need for services, unless such agreement provides otherwise. 8. SEVERABILITY 8.1 If, for any reason, any provision of this By-law is held to be invalid, it is hereby declared to be the intention of Council that all the remainder of this By-law shall continue in full force and effect until repealed, re-enacted, amended or modified. DATE BY-LAW IN FORCE 9.1 This By-law shall come into effect at 12:01 AM on October 7, 2022. 10. DATE BY-LAW EXPIRES 10.1 This By-law will expire at 12:01 AM on October 7, 2027 unless it is repealed by Council at an earlier date. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6t" DAY OF OCTOBER 2022. MAYOR SCHEDULE "A" TO BY-LAW 2022-067 COMPONENTS OF SERVICES DESIGNATED IN SECTION 2.1 Settlement Area of Port Burwell: Water Services • Wastewater Services Settlement Area of Vienna: • Water Services • Wastewater Services Settlement Area of Straffordville: • Wastewater Services Settlement Area of Eden: O Wastewater Services Settlement Area of Richmond: • Water Services Note: Refer to the Municipality's Official Plan for maps of the Settlement Areas IN W O ry O Q N = N U O N Z g 2 0 O LU w 00 0 w LL J O W � J w D 2 0 U u.1 U) 2 U U) Qc) ► CO LO � ` .mod. � c m CY) co N LO f- N O O0i N. O O O O N N 1 C6 d 'T Ltd �t I* It d' Iq • EFJ 0. #A ui E!k W34 69 16% 63 iR 69 40 N U) CY) 00 00 OCY) It CO ti N L LO L() M 0 LO LO O co M M M (`') M (0 w r.: (D 00 (0 tC (O CO (O CD € tr> Ea 69. EPJ- H3 69� U)} V.� IfY 6e# 69� 00 O 00 O I- co I- 1,. I- ti N N d' f- r 00 0') 00 O O O CA 00 00 f— 00 co f— O ti (3) CA O 01) ('0 M N I- O N 00 r 00 00 00 00 O CA r T- LO O IV LO c- W r c-, r (O w LO N 00 = LO CO Ln LO Lo r Lo 00 O M N O O m O O) O O Lti Ln cc LA N t0 N N N N M M 6% Ys 1fi Eti 61r iR to 65} bo 64k U U) U) •• (D Z N (n a) Cl) U) 'a Uj a) C O Q MC -0 M M o C O U) G (n -0 m a cu ( —y 1N aW (� °cu a)�r°�(a4., ��C°m d N y FO— cA H w I—O