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HomeMy WebLinkAbout83-22 .. AMENDED BY - . AMENDED BY . BY-LAW#'f..~~.tt?~ S0 -05'15 BY-LAW #........~.... AMeNDEO BY AMENDED BY REFEALEO BY BYLAW q7-0G'6eS-034 B <2-g -/LiCl - #8........... BY.LAW Ww'..........L. Y-LAW.a......;I.... " THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 83-22 being a by-law to establish a scale of development charges WHEP~AS it has for some time been the policy of The Corporation of the Town of Newcastle (hereinafter called the "Town") to require persons submitting applications for the develop- ment of land by way of plan of subdivision, or by way of condominium corporation, to subscribe to an agreement to make certain con- tributions for the capital cost of municipal services required as a result of the development of lands pursuant to Section 36(6) of The Planning Act, R.S.O. 1980; AND WHEREAS the number of sales of small parcels of land severed by individual Land Division Committee consent has reached a point where additional capital costs are or will be incurred by the municipality to enable the continued provision of municipal services; AND WHEREAS pursuant to the provisions of The Planning Act, R.S.O. 1980 and the relevant jurispnudence, the Land Division Committee of the Regional Municipality of Durham in considering an application for consent to the severance of a parcel of land may impose as a condition of severance the payment of a develop- ment levy; I File NO.u___..l~.s:LL_1 - 2 - AND WHEREAS the Town is frequently in receipt of applications to amend its zoning by-law, which amendments have the effect of increasing the number of dwelling units which may be constructed on the lands which are the subject matter of the application; AND WHEREAS it is deemed appropriate and expedient that the owners of land which is rezoned to permit the construction of an increased number of dwelling units should make the same con- tributions to the municipality as are required when lands are developed by way of plan of subdivision or by way of condominium corporation; AND WHEREAS it is now deemed expedient that a by-law be enacted to require the payment of a contribution to the Town for capital purposes in respect of development of land for residential purposes by severance, plan of subdivision, condominium corporation, and by rezoning. NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law of The Corporation of the Town of Newcastle by the Council thereof as follows: 1. Unless otherwise established by by-law or by agreement between the Town and any developer which agreement has been approved by by-law, development charges shall be payable in accordance with the policy attached hereto as Schedule "A" for the following: Ci) every application tor severance requiring the consent of the Larid Division Committe of the Regional Municipality of Durham; . - 3 - (ii) every application for development of land by way of plan of subdivision or condominium corporation; (iii) every application for rezoning of any parcel of land, the effect of which is to permit a greater number of dwelling units to be constructed thereon than would be permitted but for such rezoning. 2. Failing agreement by the applicant to pay development levies in accordance with the annexed policy, the Town shall with- hold approval to any application for severance, plan of development by way of plan of s~bdivision or condominium corporation, or rezoning, as the case may be. 3. All development charges payable in respect of an application for severance or rezoning shall be based only on the proposed increase in the number of dwelling units in excess of those which would otherwise be permitted on such lands but for the application. 4. All development charges collected pursuant to the pro- visions of this by-law shall be paid into the reserve funds as more particularly set out in the policy hereunto annexed as Schedule "A" and shall only be paid out in accordance with such policy. 5. All development charges received in accordance with the terms of this by-law and the annexed policy shall be used for capital purposes only and shall at no time be used for any operating, main- tenance, repair or replacement costs of any municipally owned facility. - 4 - j 6. The provisions of this by-law shall take effect on the date of the enactment of this by-law. 7. By-law # 76-58 is hereby repealed. By-law read a first time this 24th day of January 1983. By-law read a second time this 24th day of January 1983. By-law read a third time and finally approved this 24th day of January 1983. ~~~/ -Mayor/' L~~'~' Clerk . . . THIS IS SCHEDULE "A" TO BY-LAW f3-~':1... OF THE CORPORATION OF THE TOWN OF NEl.vCASTLE POLICY 1. The Town of Newcastle shall require a development charge to be paid in accordance with the following schedule of charges: 1.1 On land severances, plans of subdivision,condominium applications and rezonings for residential development in the Town save and except the Courtice Urban Area as defined in the Official Plan of the Regional Municipality of Durham the following charges are payable: * Single and semi-detached dwelling units $600.00 per unit * Row Housing (including conventional town housing, street town housing and mobile units) $500.00 per unit * Apartments (including walkup and higher density apartments, rental and condominiums) $400.00 per unit 1.2 On land severances, plans of subdivisions, condominium applications and rezonings for residential purposes in the Courtice Urban Area as defined in the Official Plan of the Regional Municipality of Durham the following charges are payable: * Single and semi-detached dwelling units $880.00 per unit * Row Housing (including conventional town housing, street town housing and mobile units) $735.00 per unit \ Bt1aw NLJ'}..:..~ I' - 2 - * Apartments (including walkup and higher density apartments, rental and condominiums) $600.00 per unit 1.3 The Town of Newcastle shall pay all development charges received into reserve accounts to meet the cost of capital works in the following areas in accordance with the following proportions: * Community Services 50% * Public Works 40% * Civic Administration 10% 1.4 The Town of Newcastle shall expend development charge monies received on the following items within each program area defined above: * Community Services shall include all capital community facilities that the Town of Newcastle is required to provide; such as fire protection, libraries, museums and parks, including the acquisition of lands, the development of neighbourhood parks and the development of community and town-wide parks, including the erection of buildings and structures as may be required and the acquisition of capital equipment for the development of the parks. * Public Works shall include the acquisition of lands for the construction of roads and storm drainage works, the construction of roads and/or storm drainage works and the acquisition of equipment for the maintenance of such facilities. - 3 - ~ . * Civic Administration shall include the acquisition of land for the construction of Administrative Buildings and offices for the administration of the Town of Newcastle. 1.5.1 The Town of Newcastle shall require any proponent of land severance, plan of subdivision, condominium application or rezoning for residential purposes in the Town to provide at his expense and according to the standards and to the satisfaction of the Town of Newcastle, all internal and external municipal services required for the development of the lands before development may proceed. 1.5.2 If any internal or external municipal services to the lands under consideration require oversizing in order to accommodate additional development within the development area, the Town shall not be responsible for the costs of the oversizing of the required works. 1.5.3 The Town of Newcastle will endeavour to collect, on behalf of any developer required to oversize any municipal services, the costs associated with such oversizing from all subsequent developers within the development area but shall not be responsible should it be unable to collect such costs. 1.5.4 All costs associated with the provision of internal or external services shall be included in any applicable subdivision, site or development agreement. ~. . . - 4 - The Town of Newcastle shall review the schedule of development charges annually and shall adjust the amount of the development charges in accordance with the increase of capital costs as may be appropriate and the Town will use the Southam Construction Index for calculating such adjustments. 1.6.1 The Town of Newcastle shall require proponents of residential developments to pay lot development charges applicable to their proposal according to the following schedule: 1.6 * For residential severances, the proponent will submit the full amount of the lot development charge prior to clearance of the applicable condition of severance approval. * The proponents of residential plans of subdivision plans shall pay not less than 25% of the total lot development charge applicable to their projects prior to the issuance of the first building permit within the subdivision plan. The proponents shall pay a further 25% of the applicable charges on the first, second and third anniversaries of the issuance of the first building permit, or on the issuance of 25, 50 and 75 ;per cent of the total number of permits, whichever is sooner. If the plan of subdivision is to be developed in stages, the Town may accept a variation in the payment schedule according to the particular circumstances of such development as may be appropriate and such payment .. . . - 5 - schedule will be negotiated and included within the subdivision agreement and be approved by Council. * In respect of rezoning ~pplications, the proponent of a development shall pay 50% of the total development charge on execution of a development agreement with the Town of Newcastle and the remaining 50% shall be paid prior to the issuance of the first building permit. 1.7 Upon request, the Town of Newcastle may consider the provision of a grant equal to the portion of the develop- ment charges received by the Town for each "below market and rent-geared-to-income" senior citizens' unit produced by a private, non-profit corporation funded by Canada Mortgage and Housing Corporation and/or the Province of Ontario. 1.7.1 ~he Town of Newcastle shall have regard for the following in considering a request for a grant described above: * The availability of existing Municipal services; * The location of the project in relation to commercial recreational and institutional services; * The location of the project in relation to public transportation; * The need for the project as reflected through the demand study produced by the non-profit group to warrant financing by C.M.H.C. or Province of Ontario; ~ . .. 1.8 - 6 - * A guarantee from the non-profit group that eligible residents in the Newcastle area will be given equal access to the units. In conjunction with the annual review of the develop- ment charges the Town will review the administration and implementation of the development charge policy.