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HomeMy WebLinkAbout92-105 . "~.,~' ..,-' ". .. '"~ ~._, ~-' . ~ .. '-~" 'f . ., , 't . ',' ~, " 'l, _'; . ..,.. r ,. I ~EPEALED(~~ _ ~'7~:'~:E:cf~_IJ(P AMENDED:1~7_j \lAt~lENDE~~Y_~~MeNi.,~~' ,~ _ 014 b,,-\.NN #. :-7.';(..f~ ............. BY-LAW #. · ........,Y.LAW #............B'(.~W .:r~........ . -.. . . ... THE CORPORATION OF THE TOWN OF NEWCASTLE BY.LAW NO. 92-105 AMENDED q~ _ J I S BY.LAW #.............. " AMENDED BY being a by.law to impose development charges BY.LAW 71..,- I &,~- under the Development Charges Act AMENDED BY #..~........ (;J 7 -aC;:SA'MENDEO BY BY.LAW#. ..........'By LAw#Cft-O c( 3, . ............. WHEREAS subsection 3(1) of the Development Charges Act enables the council of a municipality to pass by-laws for the imposition of development charges against land located in the municipality where the development of the land would increase the need for services and the development requires one or more of the actions set out in subsection 3(1) of the Act; WHEREAS Council of The Corporation of the Town of Newcastle, at its meeting of March 23. 1992 approved a report dated February 5, 1992 entitled "Town of Newcastle Development Charges Policy Report" (tbe "Town Report") and a report dated July 15t 1991 entitled "Newcastle Hydro.Electric Commission Development Charges Policy Report" (the "Newcastle Hydro Repore') which recommended the imposition of development charges as well as a further communication from the Newcastle Hydro. Electric Commission (the "Newca.c;tle Hydro Communication") concerning the development / charge component for electrical power services in the areas setviced by the Commission which communication is contained in Appendix "Hit attached to and fonning part of the Town Report; WHEREAS in accordance with section 4 of the Development Charges Act, the Town gave notice of a public meeting held on March 2, 1992 to consider the development charges proposals; WHEREAS at the public meeting held on March 2. 1992. Council heard all persons who applied to be heard in objection to or in support of the development charges proposals and con..~idered all written communications; ,,~ f " t .i..~'" . ; ~.~ . .''- .' ' ., i. .2- WHEREAS Council has approved as the Town's capital forecast for the period 199] to z001 Appendix "B" attached to and forming part of the Town's Report and section 5 of the Newcastle Hydro Report except for paragraphs 5.6 (Distributor Transformers, Local Servi.ces and Meters) and 5.7 (Administration and Service Centre) of section 5. subject in each case amongst other things to more detailed cost estimates and re. examination of priorities associated with the annual budgeting process; WHEREAS Council has approved the imposition of development charges against land that may be developed within the geographical limits of the Town of Newcastle as hereinafter provided, NOW 1HEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE ENACTS AS FOLLOWS: 1.(1) In this By-law the term, (a) "Act" means the Development Charges Act, R.S.O. 1990, c.D.9; (b) "accessory" where used to describe a use, building or structure means that the use, building or stmcture is naturally and normally incidental, subordinate in purpose of floor area or both, and exclusively devoted to a principal use, building or structure located on the same "lot" as defined by section 2 of the zoning by-law; (c) "apartment" means a dwelling unit in an apartment building; (d) "apartment building" means a residential building, or the residential portion of a mixed-use building, other than a duplex, triplex or a street townhouse consisting of more than 3 dwelling units; , ' " '\1" ,.'/i. ,j f I , < , . ( i '~'~) ,~\ '.' , , ' . '. , ~ -! r. -, - 3 - (e) lIapartment bachelor and one bedroom" means an apartment that either contains no more than one bedroom or is a bachelor apartment; (f) "apartment two bedroom and larger" means an apartment that either contains at least two bedrooms or contains at least one bedroom and one den; (g) "bachelor apartment" has the same meaning as is attributed to the term "dwelling, bachelor apartment" by section 2 of the zoning by-law; (h) "bedroom" means any foom used, or designated or intended for use, as sleeping quarters; (i) 'benefiting area" has the meaning attributed to it in section 1 of the Act; (j) "board" has the meaning attributed to it in subsection 30(6) of the Act; (k) ''Building Code Act" mean.'1 the Building Code Act, R,S.O. 1990, c.B.13; (1) "capital costll has the meaning attributed to it in section 1 of the Act; (m) "Council" means the Council of The Corporation of the Town of Newcastle; (n) "den" means a habitable room; (0) "designated services" means the services referred to in section 4 and Schedule "B" of this By-law applicable to either the Town-development charges area or to a Town and Newcastle Hydro-development charges area, as the case may be, but does not include local connections or local services; (p) "development" includes redevelopment; ,', . " './ J, , ':-i'~' f. , .., ~ ~ '. . 4 - 4 - f. (q) "development chargell means a charge imposed by this By-law with respect to growth-related net capital costs against land within the Town-development charges area or within a Town and Newcastle Hydro-development charges area; (r) "duplexll has the same meaning as i.s attributed to the term "dwelling, duplex" by section 2 of the zoning by-law; (s) IIdwelling" and "dwelling unit" have the same meaning as are attributed to them by section 2 of the zoning by-law; (t) "education development charge" has the meaning attributed to it in subsection 29( 1) of the Act; (u) "front-end payment" has the meaning attributed to it in subsection 1 of the Act; (v) "front-ending agreement" has the meaning attributed to it in section 1 of the Act; (w) IIgrowth-related net capital cost" has the meaning attributed to it in section 1 of the Act; (x) "habitable roomll has the same meaning as is attributed to the term "habitable room" by section 2 of the zoning by-law; (y) "local board" means a "local boardtl as defined in the Municipal Affairs and Housing Act, R.S.O. 1990, c.M.30 hut does not include a "board" as defmed in subsection 30(6) of the Development Charges Act; " , " ;'." ..<.... , '. ' ", ~) \ t . ., , , - 5 ~ , . (z) "local connections" means local connections to storm drainage facilities installed at the expense of the owner including amounts imposed under a by- law passed under section 222 of the Municipal Act, S.D. 1989, c. 58, s.3; (aa) "local services" means local services installed at the expense of the owner within a plan of subdivision as a condition of approval under Section 51 of the Planning Act; (ab) "low density multiple family dwelling" means pJexes, street townhouses, mobile homes and all other residential uses that are not included in the definition of Ilapartment building''. I'apartment", IIsiJ1gle detached" or "semi- detached dwelling"; (ae) "mixed use" means a building or structure used or intended for use, for a combination of nonMresidential and residential uses: (ad) IImobile home" has the same meaning as is attributed to the term "dwelling, mobile home" by section 2 of the zoning by.law; (ae) "net capital cost" has the meaning attributed to it in section 1 of the Act; (af) "owner" mean.Cl the owner of the land or a person who has made application for an approval for the development of the land u.pon which development charges are imposed by this By-law; (ag) "Planning Actll means the Planning Act, R.S.O. 1990 c.P.13; (ab) IIplex" means a duplex, and a triplex; . , " , . , . ,".~"" r" , , ~. 'i; " ' '. . .. . . - 6 - (ai) "residential'l means lands, buildings or structures used, or intended for use as a home or residence of one or more individuals, and shall include. but is not limited to, a single detached dwelling, a semi-detached dwelling, a street townhouse, a pIex, an apartment building, a mobile home and a residential dwelling unit accessory to a non-residential use; (aj) 'Town" means either The Corporation of the Town of Newcastle or the land within the area of jurisdiction of The Corporation of the Town of Newcastle, as the context requires; (ak) l'Town-development charges area" means land located within the Town which is not located within a Town and Newcastle Hydro-development charges area; (al)' "Town and Newcastle Hydro-development charges area" means an area identified a.~ a Town and Newcastle-Hydro development charges area on a map contained in Schedule "A" attached to and forming part of this By-law; (am) "street townhouse" bas the same meaning as is attributed to the term "dwelling, street townhouse" by section 2 of the zoning by-law except that "street townhouse" does not include an apartment building or a plex; (an) If triplex" has the same meaning as is attributed to the term "dwellingt triplex" by section 2 of the zoning by-law; and (ao) "zoning by-law" means Town By-law 84~63, as amended. (2) For the purposes of the provisions of this By~law other than section 6, the term (a) ltgrade" has the same meaning as is attributed to the term "grade finished" by section 2 of the zoning by-law; " . , ~ ,. t... 'iii I,.,', f "". , t, ~ ' - 7 M (b) "gross floor area" means the aggregate of the horizontal areas of each floor~ whether any such floor is above or below grade, meac;ured between the exterior faces of the exterior walls of the~uilding or structure at the level of each floor exclusive of any garage and any basement or cellar Dot intended or used for human habitation; (c) "semi-detached dwelling" has the same meaning as is attributed to the term "dwelling~ semi.detached" by section 2 of the zoning by-law; and (d) "single detached dwelling" has the same meaning as is attributed to the term "dweUing, single detached" by section 2 of the zoning by-law; (3) In this By-law where reference is 'made to a statute or a section of a statute such reference is deemed to be a reference to it as it may be amended or replaced from time to time. (4) In this By-law. unless the context otherwIse requires, the singular includes the plural and the plural includes the singular. PART I DEVELOPMENT CHARGES 2.(1) Development charges to be calculated and paid in accordance with subsection 2(3) of this By-law are hereby imposed against land in the Town which is located either within the Town-development charges area or within a Town and Newcastle Hydro- development charges area shown 011 Schedule "A If attached to and fonning part of this By-law if the development of the land is for a residential purpose. would increase the need for designated selVices in the area or areas in question, and the development requires: , ' , , ". ' ~ 8 - (a) the passing of a zoning by-law or of an amendment thereto under section 34 of the Planning Act; (b) the approval of.a minor variance under section 45 of the Planning Act; (c) a conveyance of land to which a by..law passed under subsection 50(7) of the Planning Act applies; (d) the approval of a plan of subdivision under section 51 of the Planning Act; (e) a consent under section 53 of the Planning Act; (f) the approval of a description under section 50 of the Condominium Act; or (g) the issuing of a permit under the Building Code Act in relation to a building or structure. (2) The development of land jn the Town within either the Town-development charges area or within a Town and Newcastle Hydro-development charges area is hereby determined to increase the need fOf designated services pertaining to the area or areas in question. (3) For the purposes of this By-law the Schedules of Development Charges set out in Schedule "el" and NC2" attached to and forming part of this By-law are hereby established. The development charges against land imposed by this By-law shall be calculated and paid in accordance with the Schedule of Development Charges applicable to the Town-development charge area or a Town and Newcastle Hydt()- development charges area in which the land in question is located. ;,' '. r " . oJ '. ' . . '. , -: ," - 9 - l' 3.(1) Not more than one development charges shaJl be levied on land to which subsection 2(1) of this By-law applies even though two or more of the actions referred to in clauses 2(1)(a) to (g) are required before the land in question can be developed. (2) Despite subsection 3(1) of this By-law, if two or more of the actions described in clauses 2(1)(a)to (g) occur at different times, the payment of additional development charges with respect to the additional residential unit is hereby imposed and it shall be calculated and paid in accordance with subsection 2(3) and section 10 of this By-law. 4. The designated services for the purposes of this Bywlaw which pertain to the Town. development charges area and the Town and Hydro-development charges areas, respectively, are set out in Schedule "B" attached to and forming part of this By-law. 5. None of the provisions of this By-law apply in respect of the development of land owned by and used for the purposes of either (i) a "board" as defined in subsection 30(6) of the Act, or (ii) the Town. 6.(1) In this section, the term (a) "gradell means the average level of finished ground adjoining a dwelling unit at all exterior wal1s; (b) "gross floor area" means the total area of aU 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 walL~ dividing the dwelling unit from another dwelling unit Or other portion of a building; , ; , .,~ ~ .... ';. , J', ' , " ... . . - 10 - (c) IIsemi-detached or row dwelling" means a residential building consisting of one dwelling unit having one or two vertical walls, but no other parts, attached to another structure: and (d) "single detached dwelling" means a residential building consisting of one dwelling unit and not attached to another structure. (2) Subject to subsections 6(3) and (4), development charges are not imposed by this By-law in respect of any action referred to in clauses 2(1)(a) to (g) of this By-law with re!\pect to the creation of (a) one or two additional dwelling units in an existing single detached dwelling; or (b) one additional dwelling unit in any other existing residential building. (3) Oause 6(2)(a) does not apply if the total gross tloor area of the additional one or two dweUing units exceeds the gross floor area of the existing single detached dwelling. (4) Clause 6(2){b) does not apply if the additional dwelling unit has a gross floor area greater than, (i) in the case of a semi-detached or row dwelling, the gross floor area of the existing dwelling unit; and (ii) in the case of any other residential building, the gross floor area of the smallest dwelling unit contained in the residential building. ~ ' I ~, ~ ' \#',1,' - 11 - ~ ; 7. Notwithstanding any other provIsIOn of this By-law, where. as part of the redevelopment of land, a residential building or structure existing on the land within 24 months prior to the payment of development charges in respect of such redevelopment was, Or is to be demolished in whole or in part, in order to facHitate a residential or a mixed- use redevelopment of the land, the development charges otherwise payable with respect to such redevelopment shall be reduced by an amount calculated by multiplying the development charges applicable to the area in which the land is located. by the number. according to type, of the dwelling unite; that have been or will be demolished. provided that such amount shall not exceed the amount of the development charges othelWise payable with respect to the redevelopment in question. 8. For the purposes of calculating the development charges payable under this By-law and the Act, where the use or uses to which a lot or a block in a plan of subdivision may be put pursuant to a zoning by-law pa.c;sed under section 34 of the Planning Act are affected by the employment of a holding symbol in the zoning by-law as authorized by section 36 of the Planning Act. the maximum number and type of dwelling units on the lot and/or block shall be determined by reference to the uses that would be permitted by the zoning by-law without regard to the holding symbol. 9.(1) Except as provided in and without derogating from subsections 6(2) and (3) of this By-law, ~llbsection 2(1) does not apply in respect of the enlargement of an existing dwelling unit , .' " . . , . , \, . , , '. ' ,. . .. .. . - 12 - (2) Subsection 2(1) of this By-law does not apply in respect of the development of the number of undeveloped permitted dwellings on lots or hlocks within the registered plans of subdivision referred to below: Registered Plan of No. of Undeveloped Subdivision No. Permitt~Q Dweltinis !&ls. or Blocks tOM-832 (Kiddicorp) 79 Single Family Dwellings Lots 1 to 79 10M-833 (Kiddicorp) 26 Single Family Dwellings Lots 2 to 9. 4 Semi-detached Dwellings 11 to 23, 36 to 40, 691." 69R, 70L and 70R and Block 96 10M-B37 (Nor-Arm) 5 Semi-detached Dwellings Lots 3R, 44 5R, 7L and 9R 10M-829 (Schickedanz) 49 Single Family Dwellings Lots I, 5 to 21, 30 62 Semi-detached Dwellings 34, S8 to 69. 71, 75, 76, 82, 8:3, 86 to 116, 123, 128, 129, 130, 133 to 140 lOM-830 (Schickedanz) 28 Single Family Dwellings Lots 1 to 92 128 Semi-detached Dwellings ." . . . ... ' J ' . r . :' I":' ." ( , ,.; - 13 - PART II GENERAL 10. Development charges imposed pursuant to this By-law shall be adjusted semi- . annually, without amendment to this By-law, on the 1st day Qf April and on the 1st day of tf;r Co(\~+r\,At...~o f"\ October in accordance with the Engineering News RecordACost Indexes for 22 cities as published in the Engineering News Record for the most recently available six month period, the first of such adjustments to be made on the 1st day of October, 1992. 11. This By-law will expire 5 years after the date it comes into force, unless it is repealed at an earlier date. 12. If any section, paragraph or clause or a portion or portions of any of them contained in this By-law should be held by a Court of competent jurisdiction to be invalid in whole or in part, the validity of other sections, paragraphs, clauses or portions of any of them contained in this By-law shall not be affected thereby, the intention of Council being that all other sections, paragraphs and clauses and portions of any of them contained in this By- law are to be considered to be valid and enforceable. .. ", . . ., . I:;,' I '.' , .. - 14 - PART III FRONT-ENDING 13. Council, from time to time, and at any time, may enter into front-ending agreements in accordance with the Act. BY-LAW read a first time this 23 day of March BY-LAW read a second time this 23 day of March BY-LAW read a third time and finally pa.~sed this 23 day of ,1992 t 1992 March , 1992 ~~A-// Mayor ..; , ,1... " . & . . ~ . " ..' '#, ' . ';."", I SCHEDULE "A" TOWN AND NEWCASTLE HYDRO- ~1?MEN'LClU~GE8- AR.EAS. I, " ....~~ SCHEDULE "A" SERVICE AREA LIMIT 3' 130 27 26 25/24 II ,/ "" .I I o ~ .. :l ! 'tOltOHTO a-r-. ... .. .....r"""..( Aot.';I" ti f? I ti ,r- .;.' i B.t:: ~ T LAKE ONTARIO L TOWN AND NEWCASTLE HYDRO-DEVELOPMENT CHARGES AREAS (NEWCASTLE VILLAGE) l_ 4<)Om 300 200 100 0 o 250 500 IOOOm I -<"".' ....,'...... . ':. .:." . . .. ,. . " ( EAST \ SIDE ) ONLY ~ \ ~ " ' ---~ \ c[z \ SCHEDULE ." A" SOUTH SIDE ONLY - .... . TOWN AND NEWCASTLE HYDRO- DEVELOPMENT CHARGES AREAS 2 m (BOWMANVILLE) m3 2 I ... , ...... , . ~ ,~.:.~: . .. . SCHEDULE "A" SERVICE AREA LIMIT . TOWN AND NEWCASTLE HYDRO-DEVELOPMENT CHARGES AREAS ) 0 U~ 500 1000m (ORONO - - I 400m 300 200 100 0 ~, , " ~'}~'. ,. t~: ~:,. ..... ~ ,,' " .. .) ... SCHEDllLE "811 DESIGNATED SERVICES TOWN.DEVELOPMENT CHARGES A.REA CATEGORIES OF SERVlC~ S~RVICE COMPONENTS ADMINISTRATION - Animal Control Facilities .. Animal Control Vehic1es .. Borrowing Interest .. Capital Growth Studies .. Vehicles .. Facilities .. Firefighter Equipment FIRE PUBUC WORKS .. Facilities .. Vehicles .. Miscellaneous Equipment .. Roads .. Sidewalks and Streetlighting .. Facilities .. Materials .. Furnishings and Equipment .. Automated Systems TRANSPORTATION LIBRARY PARKS .. Parkland Acquisition .. Parkland Development RECREATION .. Facilities .. Vehicles .. Miscellaneous Equipment ~ ", . .., . ~ ..-\... ... . . . I' " ~ . . ~ -- '. ," - 2 - TOWN AND NEWCASTLE HYDRO. DEVELOPMENT CHARGES ARE:M CATEGORIES OF SERVICES ADMINISTRATION FIRE PUBliC WORKS TRANSPORTATION LIBRARY PARKS RECREATION . NEWCASTLE HYDRO-ELECI'RIC COMMISSION ElECTRICAL POWER SERVICES SERVICE COMPONENTS - Animal Control Facilities - Animal Control Vehicles . Borrowing Interest - Capital Growth Studies - Vehicles - Facilities - Firefighter Equipment - Facilities - Vehicles - Miscellaneous Equipment - Roads - Sidewalks and Streetlighting - Facilities - Materials - Furnishings and Equipment - Automated Systems - Parkland Acquisition - Parkland Development - Facilities - Vehicles - Miscellaneous Equipment - Muni.cipal Substations - Subtransmission Lines - Distribution Feeders - Vehicles and Equipment . .. . \1.." _ ' "... ....- . ., io' ~ \ " \ _, .:..,.: ,w.. ~ .. ... . :.. .. \ ... . ... . SCHEDULE "CI" SCHEDULE OF DEVELOPMENT CHARGES TOWN-DEVELOPMENT CHARGE AREA Single Detached Dwelling and Semi- Detached Dwelling Low Density Multiple Family Dwelling Apartment Two Bedroom One Bedroom and Larger and Bachelor Civic Administration $ 206. $ 175. $ 127. $ 85. Public Works 2,529. 2,158. 1,562. 1,041. Community Services. 1,545. 1,318. 955. 636. Fire Protection 221. 1.88. 136. 91. Library 296. 253. 183. 122. TOTAL 4,797. 4,092. 2,963. 1,975. . . "'-~" "", . !It 1, \.. f'..' . '..., , ,. 'l'o I 4 '~... \ ,. ~~ I. /It SCHEDULE "C21l SCHEDULE OF DEVELOPMENT CHARGES TOWN AND NEWCASTLE HYDRO-DEVELOPMENT CHARGE AREAS Single Detached Dwelling and Semi- Detached Dwelling Low Density Multiple Family Dwelling Apartment Two Bedroom One Bedroom and Larger and BachelQr Civic Administration $ 206. $ 175. S 127. $ 85. Public Works 2,529. 2,158. 1,562. 1,041. Community Services 1,545. 1~18. 955. 636. Fire Protection 221. 188. 136. 91. I.1brary 296. 253. 183. 122. TOWN TOTAL 4,797. 4)092. 2,963. 1,975. Newcastle Hydro- Electric Commission Electrical Power Services 589. 503. 364. 243. TOTAL 5,386. 4,595. 3,327. 2,218.