A BY-LAW WITH RESPECT TO DEVELOPMENT CHARGES 

WHEREAS the Development Charges Act, 1997, permits Council to pass by-laws for the imposition of development charges if development or redevelopment of land within the municipality is for uses which would increase the need for services and any one or more of the actions set out in subsection 2.(2) of the said Development Charges Act, 1997, is required for such development or redevelopment;

AND WHEREAS Council had before it a background study entitled the “Development Charges Study Final Report Township of Laurentian Valley” prepared by Jp2g Consultants Inc. and dated August 2004, hereinafter called “the Study”;

AND WHEREAS Council has reviewed the Study and has considered the comments of the public at a public meeting duly held on Tuesday August 31, 2004, to consider the enactment of a By-law under the said Development Charges Act, 1997.

NOW THEREFORE the Council of the Corporation of the Municipality of the Township of Laurentian Valley, enacts as follows:

1. In this By-law:
   
   
   1. “Act” means the Development Charges Act, 1997;
       
   2. “Agricultural Use” means when referring to the use of a building or structure, a use for which a permit is issued under the Ontario Building Code in accordance the Canadian Farm Building Code for a bona fide farming operation, and includes greenhouses which are not connected to municipal sewer and/or water services, sod farms and farms for the breeding and boarding of horses, and includes barns, silos and other ancillary buildings to such agricultural use, excluding any residential or commercial component thereof;
       
   3. “Board of Education” means a board as defined in subsection 1(1) of the Education Act;
       
   4. “Capital Cost” means costs incurred or proposed to be incurred by the Municipality or a local board directly or on behalf of, and as authorized by, a municipality or local board:
      
      
      1. Costs to acquire land or an interest in land, including a leasehold interest;
          
      2. Costs to improve land;
          
      3. Costs to acquire, lease, construct or improve buildings or structures;
          
      4. Costs to acquire, lease, construct or improve facilities including,
         
         
         1. rolling stock with an estimated useful life of seven years or more,
             
         2. furniture and equipment other than computer equipment, and
             
         3. materials acquired for circulation, reference or information purposes by a library board as defined in the Public Libraries Act;
             
      5. Costs to undertake studies in connection with any of the matters referred to in clauses (i) through (iv);
          
      6. Costs of the development charge background study; and
          
      7. Interest on money borrowed to pay for costs described in clauses (i) through (iv).
          
   5. “Commercial Use” means a use of land, building or structure for the purpose of buying or selling commodities and/or supplying services, but does not include residential, industrial, institutional or agricultural uses as otherwise defined in this By-law;
       
   6. “Council” means the elected Council of the Township of Laurentian Valley.
       
   7. “Development” includes redevelopment.
       
   8. “Development Charge” means a charge imposed against land with respect to the growth-related net capital costs under this By-law.
       
   9. “Dwelling, Single Detached” means a single dwelling unit which is freestanding, separate and detached from other main buildings or main structures and includes a prefabricated single dwelling unit but does not include a mobile home.
       
   10. “Dwelling Unit” means a suite of habitable rooms which:
       
       
       1. is located in a building;
           
       2. is used or is intended to be used in common by one or more persons as a single, independent and separate housekeeping establishment;
           
       3. contains food preparation and sanitary facilities provided for the exclusive common use of the occupants thereof; and
           
       4. has a private entrance directly from outside the building or from a common hallway or stairway inside the building.
           
   11. “Dwelling Unit, Apartment” means a dwelling unit located in any one of the following types of dwellings:
       
       
       1. “Dwelling, Apartment” means the whole of a building not otherwise defined herein, which contains four (4) or more dwelling units serviced by a common entrance or by an independent entrance directly from the outside in which the occupants have the right to use in common any corridors, stairs or elevators contained therein, and the yards appurtenant thereto.
           
       2. “Dwelling, Accessory” means a dwelling unit accessory to a permitted non-residential use and located within the same building or structure as the permitted non-residential use, but shall not include an accessory single attached dwelling unit or an accessory single detached dwelling unit as otherwise defined in this By-law.
           
   12. “Dwelling Unit, Single Attached” means a dwelling unit located in any one of the following types of dwellings:
       
       1. “Dwelling, Duplex” means a building that is divided horizontally into two (2)separate dwelling units each of which has an independent entrance either directly from outside or through a common vestibule;
           
       2. “Dwelling, Multiple Attached” shall mean a building that is divided vertically into three (3) or more dwelling units, each of which has a separate and independent entrance at finished grade and separated from the outside in which occupants have the right to use in common any corridors, stairs or elevators contained therein, and the yards appurtenant thereto; or
           
       3. “Dwelling, Quadruplex” shall mean the whole of a dwelling house that is divided vertically by common masonry walls into four separate dwelling units each of which has two common masonry walls;
           
       4. “Dwelling, Row House” means a building that is divided vertically into three or more dwelling units, each of which has a separate and independent entrance at finished grade and separated from the adjoining unit or units by a common unpierced wall with no interior access between each dwelling unit. Townhouse shall have a corresponding meaning; or
           
       5. “Dwelling, Semi-Detached” means a building that is divided vertically into two separate dwelling units; or
           
       6. “Dwelling, Triplex” means the whole of a building that is divided horizontally into three separate dwelling units each of which has an independent entrance either directly from outside or through a common vestibule.
           
   13. 1. “Existing” means existing as of the date of passing of this By-law.
           
       2. “Existing Industrial Building” means a building used for or in connection with,
          
          
          1. manufacturing, producing, processing, storing, or distributing something,
              
          2. research or development in connection with manufacturing, producing or processing something,
              
          3. retail sales by a manufacturer, producer or processor of something they manufactured, produced or processed, if the retail sales are at the site where the manufacturing, producing or processing takes place,
              
          4. office or administrative purposes, if they are,
             
             
             1. carried out with respect to manufacturing, producing, processing, storage or distributing something, and
                 
             2. in or attached to the building or structure used for that manufacturing, producing, processing, storage or distribution.
                 
   14. “Gross Floor Area (g.f.a.)” means the total floor area, measured between the outside of exterior walls or between the outside of exterior walls and the centre line of party walls dividing the building from another building, of all floors above the average level of finished ground adjoining the building at its exterior walls.
        
   15. “Growth-Related Net Capital Costs” means the portion of the net capital cost of services that is reasonably attributed to the need for such net capital cost that results or will result from new development in all or a defined part of the Municipality.
        
   16. “Industrial Use” means land, buildings or structures used for or in connection with,
       
       
       1. manufacturing, producing, processing, storing, or distributing something,
           
       2. research or development in connection with manufacturing, producing or processing something,
           
       3. retail sales by a manufacturer, producer or processor of something they manufactured, produced or processed, if the retail sales are at the site where the manufacturing, producing or processing takes place,
           
       4. office or administrative purposes, if they are,
          
          
          1. carried out with respect to manufacturing, producing, processing, storage or distributing something, and
              
          2. in or attached to the building or structure used for that manufacturing, producing, processing, storage or distribution;
              
       5. but does not include residential, commercial, institutional or agricultural uses as otherwise defined in this By-law.
           
   17. “Institutional Use” means a use of land, building or structure for social purposes but not for commercial or industrial purposes as defined in this By-law and may include religious, charitable, fraternal, philanthropic or other similar uses.
        
   18. “Local Board” means a local board as defined in Section 1 of the Municipal Affairs Act other than a board as defined in subsection 1 (1) of the Education Act.
        
   19. “Mobile Home” means any dwelling that is designed to be made mobile and constructed or manufactured to be used in like manner as a single detached dwelling for the permanent accommodation of one or more persons, notwithstanding that the running gear is or may be removed, or that such dwelling is or may be fixed on a finished and permanent foundation or has become in any other manner so adapted and affixed to the land upon which it is situated that it is, or has become, an immobile and permanent structure, and includes any mobile home as defined in Section 46 (1) of the Planning Act, as amended from time to time, or any successors thereto.
        
   20. “Municipality” means the Corporation of the Township of Laurentian Valley.
        
   21. “Net Capital Cost” means the capital cost less capital grants, subsidies and other contributions made to the Municipality or that the Council of the Municipality anticipates will be made, including conveyances or payments under Sections 41, 51 and 53 of the Planning Act, as amended, in respect of the capital cost. The net capital cost also includes a 10 per cent reduction as required under Section 5.(1)8. of the Act for all services except those set out in Section 5.(5) of the Act.
        
   22. “Official Plan” means the most recent Official Plan approved by the Minister of Municipal Affairs and Housing for the former Township of Pembroke and/or the former Township of Stafford and/or the former Township of Alice and Fraser, all which may be amended from time to time and/or the most recent Official Plan approved by the County of Renfrew, and in effect for the Township of Laurentian Valley.
        
   23. “Owner” means the most recent 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.
        
   24. “Rate”means the interest rate established weekly by the Bank of Canada for Treasury Bills having a term of 30 days.
        
   25. “Regulation” means Ontario Regulation 82/98, as amended.
        
   26. “Residential Use” means any use of land, building or structure for the purposes of a single detached dwelling, a single attached dwelling, an apartment dwelling or a mobile home, as defined in this By-law.
        
   27. “Services” means those services, facilities, buildings and things shown on Schedules “A”, “B” and “C” to this By-law.
        
   28. “Services in Lieu” means those services specified in an agreement made under Section 11 of this By-law.
        
   29. “Zoning By-law” means Comprehensive Zoning By-law No. 635-02-91 of the (former) Township of Pembroke, Comprehensive Zoning By-law No. 900-4-93 of the (former) Township of Stafford and Comprehensive Zoning By-law No. 92-19 of the Township of Alice and Fraser, any subsequent Comprehensive Zoning By-law of the Township of Laurentian Valley passed under Section 34 of the Planning Act, and as amended from time to time.
        
2. 1. This By-law applies to all lands in the Municipality whether or not the land or use thereof whether or not the land or use thereof is exempt from taxation under the Assessment Act.
       
   2. Notwithstanding Clause 2.(a) above, this By-law does not apply to the development of land that is owned by and used for the purposes of:
      
      
      1. a Board of Education;
          
      2. the Municipality or Local Board thereof;
          
      3. the County of Renfrew or any Local Board thereof.
          
3. Schedules “A”, “B”, “C”, “D”, “E”, “F”, “G”and “H”, attached hereto are incorporated into and form part of this By-law. Schedule “I” is attached for information purposes only.
    
4. 1. The development charges set out in this By-law shall be imposed where the development of land for residential, commercial, industrial or institutional uses would increase the need for services and the development requires:
      
      
      1. the passing of a zoning by-law or an amendment to a zoning by-law passed under section 34 of the Planning Act;
          
      2. the approval of a minor variance under section 45 of the Planning Act;
          
      3. a conveyance of land to which a by-law passed under subsection 50 (7) of the Planning Act applies;
          
      4. the approval of a plan of subdivision under Section 51 of the Planning Act;
          
      5. a consent under Section 53 of the Planning Act;
          
      6. the approval of a description under Section 50 of the Condominium Act; or
          
      7. the issuing of a building permit under the Building Code Act, in relation to a building or structure.
          
   2. No development charge shall be imposed in respect of any action mentioned in Clauses 4.(a) (i) through (vii), if the only effect of the action is to,
      
      
      1. permit the enlargement of an existing dwelling unit; or
          
      2. permit the creation of up to two additional dwelling units as prescribed in Section 2. of the Regulation (and as illustrated for information purposes on Schedule “I” to this By-law), subject to the prescribed restrictions, in prescribed classes of existing residential buildings.
          
   3. No development charge shall be imposed in respect of any action mentioned in Clause 4.(a) (vii), if the only effect of the action is to permit the restoration, strengthening, replacement or reconstruction of a building or structure that is damaged or destroyed by cause beyond control of the owner (ie. flood, fire, environmental constraints, etc.). The restoration, strengthening, replacement or reconstruction of the building or structure must not increase the height bulk and floor area of such use or result in a change of use. Notwithstanding, such restoration, strengthening, replacement or reconstruction of a building or structure must occur within 24 months of the day such building or structure is damaged or destroyed by cause beyond control of the owner (ie. flood, fire, environmental constraints, etc.) and must also be in accordance with the provisions of the Zoning By-law.
       
   4. No development charge shall be imposed in respect of any action mentioned in Clauses 4.(a) (i) through (vii), if the only effect of the action is to enlarge the gross floor area of an existing industrial building by 50 per cent or less. If the gross floor area of an existing industrial building is enlarged by more than 50 per cent, 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 enlargement; and
          
      2. Divide the amount determined under Clause 4.(d) (i) by the amount of the enlargement.
          
   5. No development charge shall be imposed in respect of any action mentioned in Clauses 4.(a) (i) through (vii), if the only effect of the action is to permit the development of land for an agricultural use as defined in Clause 1. (b) of this By-law.
       
5. 1. The Development Charges shown on Schedule “D” attached hereto as the “General Development Charge” are hereby authorized and established and shall be imposed upon all lands within the Municipality.
       
   2. Notwithstanding Paragraph 5.(a) of this By-law, the “General Development Charge imposed on any property within the Municipality shall be reduced by an amount which is equal to the amount paid pursuant to any previous lot levy of the former Municipalities.
       
6. 1. The Development Charges shown on Schedule “E” attached hereto as the “General Sewer and Water Development Charge” are hereby authorized and established and shall be applied to all lands within that part of the Municipality shown as the Stafford Village Sewer and Water Service Area as shown on Schedule “G” attached hereto, and the East End Sewer and Water Service Area as shown on Schedule “H” attached hereto. The Public Works: General Water System portion of the General Sewer and Water Development Charge shall also apply to lands serviced by municipal water services and located along the County Road 51 corridor extending from the municipal boundary of the City of Pembroke to the municipal boundary of the Town of Petawawa.
       
   2. Notwithstanding Paragraph 6.(a) of this By-law, the Public Works: General Sewer System portion and/or the Public Works: General Water System portion of the General Sewer and Water Development Charge imposed on any property within the Stafford Village Sewer and Water Service Area shown on Schedule “G” attached hereto shall be reduced by an amount which is equal to the Frontage Rate paid for the property affected by the General Sewer and Water Development Charge, pursuant to any previous Frontage Rate By-law of the former Township of Stafford for the sewer system or water system respectively.
       
   3. Notwithstanding Paragraph 6.(a) of this By-law, the Public Works: General Sewer System portion of the General Sewer and Water Development Charge shall not be applied to any lands within the Stafford Village Sewer and Water Service Area as shown on Schedule “G” attached hereto or the East End Sewer and Water Service Area as shown on Schedule “H” attached hereto, where sewer services are not available. On those properties, only the development charges that are for the services available to the property will be collected.
       
   4. Notwithstanding Paragraph 6.(a) of this By-law, the Public Works: General Water System portion of the General Sewer and Water Development Charge shall not be applied to any lands within the Stafford Village Sewer and Water Service Area as shown on Schedule “G” attached hereto or the East End Sewer and Water Service Area as shown on Schedule “H” attached hereto, where water services are not available. On those properties, only the development charges that are for the services available to the property will be collected.
       
   5. For the lands affected by the General Sewer and Water Development Charge, the applicable Development Charge as shown on Schedule “E” attached hereto (less any adjustment as per Paragraph 6.(b) of this By-law) shall be added to the applicable General Development Charge as shown on Schedule “D” attached hereto and the total thereof shall be deemed to be one Development Charge for the purposes of Section 2. of the Act.
       
7. 1. The Development Charges shown on Schedule “F” attached hereto as the “ East End Sewer and Water Development Charge” are hereby authorized and established and shall be applied to all lands within that part of the Municipality shown as the East End Sewer and Water Service Area on Schedule “H” attached hereto.
       
   2. Notwithstanding Paragraph 7.(a) of this By-law, the Public Works: East End Sewer System portion and/or the Public Works: East End Water System portion of the East End Sewer and Water Development Charge shall not be applied to any lands within the East End Sewer and Water Service Area as shown on Schedule “H” attached hereto, where sewer and/or water services are not available.
       
   3. The Development Charges shown on Schedule “F” attached hereto as the “East End Sewer and Water Development Charge” are hereby authorized and established and shall be applied to all lands within that part of the Municipality shown as the East End Sewer and Water Service Area on Schedule “H” attached hereto.
       
   4. The applicable Development Charge as shown on Schedule “F” attached hereto shall be added to the applicable General Development Charge as shown on Schedule “D” attached hereto and the applicable General Sewer and Water Development Charge as shown on Schedule “E” attached hereto and the total thereof shall be deemed to be one Development Charge for the purposes of Section 2. of the Act.
       
8. 1. All applicable development charges imposed hereunder as adjusted from time to time in accordance with Clause 10. of this By-law, shall be paid in full on the date a building permit under the said Building Code Act is to be issued in respect of a building or structure on land to which the development charges apply.
       
   2. Notwithstanding Clauses 8.(a), 16.(b) and Clause 17., where an application for building permit has been filed with the Township of Laurentian Valley prior to the passage of this By-law, and the date the said building permit is to be issued under the said Building Code Act, in respect of a building or structure on land to which the development charges apply, is a date after the passage of this By-law, the development charges rates that would have applied to new development prior to the passing of this By-law shall apply as if they were the charges still in force and effect. The monies so collected shall then be deposited into said reserve funds as set out in Clause 13.(a) of this By-law, and which funds shall be divided into reserve fund accounts as set out in Clause 13.(b) of this By-law.
       
   3. No building permit shall be issued for any building or structure on land in respect of which the applicable Development Charges or any part thereof remains unpaid.
       
9. Nothing in this By-law prevents Council from requiring as a condition of approval under Section 41, 51 or 53 of the Planning Act, that the Owner install at his own expense such services as Council may require.
    
10. All Development Charges established in this By-law may be adjusted annually, without amendment to this By-law, on the 31st of December in each year commencing on the 31st of December 2004, in accordance with the prescribed index, the Statistics Canada Quarterly, Construction Price Statistics, catalogue number 62-007.
     
11. 1. Council may by written agreement, permit an Owner to provide at the Owner’s expense, Services in Lieu of payment of all or any portion of the applicable Development Charges. Such agreement shall specify that where the Owner provides Services in Lieu in accordance with the agreement, Council shall give to the owner a credit against the Development Charges otherwise applicable to his development equal to the reasonable cost of providing the Services in Lieu.
        
    2. Council by written agreement may give a credit equal to the owner’s reasonable cost of providing Services in addition to or of a greater size or capacity than would be required under this By-law.
        
    3. Any dispute as to the reasonable cost of providing the Services in Lieu or the Services mentioned in paragraph 11.(b) above, shall be referred to the Municipality’s Engineer whose decision shall be final and binding on the Owner and the Municipality.
        
12. A certified copy of this By-law may be registered against such lands in the Municipality as Council by resolution from time to time may direct.
     
13. 1. The Treasurer shall create reserve funds which shall be separate from the other reserve funds of the Municipality and all payments received by the Municipality pursuant to this By-law shall be deposited into said reserve funds, which funds shall be divided into reserve fund accounts as set out in paragraph 13.(b) of this By-law. Monies paid from the reserve fund accounts shall be taken only to meet growth-related net capital costs for which the Development Charges were imposed.
        
    2. The Treasurer shall create within the reserve fund, separate reserve fund sub-accounts or categories for each of the Services identified in Schedule “A”, “B” and “C” hereto. As Development Charges are received pursuant to this By-law, the monies shall be placed in separate reserve funds for each of the Services as shown on Schedule “A”, “B” and “C” hereto.
        
    3. All monies contained within the reserve funds from time to time may be invested in such securities as a Trustee may invest under the Trustee Act, R.S.O. 1990, Chapter T.23 and earnings derived from the investment of such money shall be credited to the reserve fund and apportioned among the categories within the reserve fund in the proportions determined by the balances in the categories within the reserve fund as of December 31st of the previous year.
        
    4. A consolidated account shall be kept so that it will be possible to determine therefrom the true state of each category within the reserve fund.
        
14. The Treasurer of the Municipality shall, in each year on or before March 31, furnish to Council a statement in respect of the reserve fund for the prior year established hereunder containing the information required under the Regulation.
     
15. 1. If this By-law is amended or repealed by Council or the Ontario Municipal Board, the Treasurer shall determine within 30 days of the amendment or repeal whether any owner has overpaid in respect of the Development Charge paid hereunder and if such an overpayment has been made, the Treasurer shall calculate the amount of such overpayment.
        
    2. Any refund payable under this By-law shall include interest calculated from the date upon which the overpayment was collected by the Municipality to the date on which the refund is made. Such interest shall be paid at the Rate (see Clause 1.(x)) in effect from time to time from the date of enactment of this By-law as adjusted in Clause 15.(c) of this By-law.
        
    3. The Bank of Canada Rate in effect on the date of enactment of this By-law shall be adjusted on the first business day of October, 2004, to the Rate established by the Bank of Canada on that day and shall be adjusted four times each year thereafter on the first business day of January, April, July and October, to the Rate established by the Bank of Canada on the day of the adjustment.
        
    4. Any overpayment determined under Clause 15.(a), shall be paid to the person who made the payment by his or her last known address within 30 days of the date of the repeal of amendment of this By-law.
        
    5. If the person who made the payment cannot be found or his or her last address is unknown then the repayment obligation under this By-law is at an end.
        
16. 1. The By-law shall continue in force and effect for a term of five (5) years from the date of its enactment.
        
    2. From the coming into force of this By-law, all previous By-laws passed by the Township of Stafford-Pembroke and/or the former Township of Pembroke and/or the former Township of Stafford and/or the former Township of Alice and Fraser, under the Development Charges Act or a predecessor thereof, shall be repealed if they were still in force on the day this By-law comes into force.
        
17. This By-law comes into force on the date it is given third and final reading.

Read a FIRST and SECOND time this 31st day of August, 2004.

Read a THIRD time and FINALLY passed this 31st day of August, 2004.

REEVE, Jack Wilson:    CLERK-ADMINISTRATOR, Darrel Ryan

SCHEDULE “A”

TO BY-LAW NO. 04-08-220

TOWNSHIP OF LAURENTIAN VALLEY

GENERAL DEVELOPMENT CHARGE
SERVICE CATEGORIES

Allocation of General Development Charges Between Service Categories

SCHEDULE “B”

TO BY-LAW NO. 04-08-220

TOWNSHIP OF LAURENTIAN VALLEY

GENERAL SEWER AND WATER DEVELOPMENT CHARGE
SERVICE CATEGORIES

Allocation of General Development Charges Between Service Categories

SCHEDULE “C”

TO BY-LAW NO. 04-08-220

TOWNSHIP OF LAURENTIAN VALLEY

EAST END SEWER AND WATER DEVELOPMENT CHARGE
SERVICE CATEGORIES

Allocation of General Development Charges Between Service Categories

SCHEDULE “D”

TO BY-LAW NO. 04-08-220

TOWNSHIP OF LAURENTIAN VALLEY - GENERAL DEVELOPMENT CHARGE

SCHEDULE “E”

TO BY-LAW NO. 04-08-220

TOWNSHIP OF LAURENTIAN VALLEY

GENERAL SEWER AND WATER DEVELOPMENT CHARGE

SCHEDULE “F”

TO BY-LAW NO. 04-08-220

TOWNSHIP OF LAURENTIAN VALLEY

EAST END SEWER AND WATER DEVELOPMENT CHARGE

SCHEDULE “I”

TO BY-LAW NO. 04-08-220

TOWNSHIP OF LAURENTIAN VALLEY

DEVELOPMENT CHARGES - EXCEPTIONS RELATING TO THE CREATION OF ADDITIONAL DWELLING UNITS

Note: this is an excerpt from O. Reg. 82/98 and is only intended for information purposes. Reference should also be made to O. Reg. 82/98 and any subsequent amendments.

For the purposes of Clause 2 (3) (b) of the Act, the following table sets out the name and description of the classes of residential buildings that are prescribed, the maximum number of additional dwelling units that are prescribed for buildings in those classes and the restrictions for each class.