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HomeMy WebLinkAbout76-58 ,. . . .' REPEALED BY BY,LAW #~-3.:.~ THE CORPORATION OF THE TOWN OF NEWCASTLE REPi:ALED BY BY.LAW #iJJ;'j[.:1.~.~ By-Lm" No. 76-58 Being a by-law to establish a scale of Development Charges. WHEREAS it has for some time been the policy of The Corporation of the TOlfll of Newcastle (the "Town") to require persons submitting a Plan of Subdivision for registration to subscribe to an agreement and to make certain contributions for municipal services required as a result of the development of the land purouant to Section 33 Subsection 6 of The Planning Act, R.S.O. 1970; and WHEREAS the number of o~les of small parcels of land separated by metes and bounds descriptions has reached a point ~'lhere :the sale of any such property muot, by expedience, be declared premature unless the owners thereof make the same contributions to the municipality as are required for lots within a Plan of Subdivision; and WHEREAS pursuant to the provisions of The Planning Act, R.S.O. 1970, 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 consider all of the matters referred to in Subsections 4, 5 and 8 of Section 33 of The Planning Act, R.S.O. 1970; and WHEREAS the Totrn is frequently in receipt of applications to amend its zoning by~laws, which amendments result in increasing the number of dwelling units which may be constructed on the subject lands; and WHEREAS it is deemed appropriate and expedient that the owners of land ,which is rezoned to per,nit the construction of an increased number of duelling units should make the same contributions to the municipality as are required for lots in a Plan of Subdivision; and WHEREAS it is now deemed expedient that a by-law ohould be enacted to ~equire the payment of a contribution to the To,,1O for capital purposes in respect of every separation of land for residential purposes that requires the approval of the Land Division Committee of the Regional Municipality of Durham; and in respect of every parcel of land which io rezoned to permit an increase in the number of dwelling units that may be constructed thereon; NOW 1'HEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED as a by-l aw of The Corporation of the Town of Newcastle by the Council thereof as follows:- 1. That all severanCes of land within the Town which require the consent of the Land Division Committee of the Regional Municipality of Durham; and any rezoning of any parcel of land to permit a greater number of ~'elling units thereon shall be considered premature unless the owner thereof agrees to pay to the Town a development charge as hereinafter set forth. ",.- " . . . - 2 - 2. The said development charges shall be payable in respect of all development or redevelopment or use of land for residential purposes ~lhich requires a severance or any amendment to the zoning by-laws in force from time to time in the TO'VTn. 3.1 The development charges referred to in paragraphs 1 and 2 hereof shall be as follows: (a) l'1here it is proposed to construct an apartment dl'lelling unit in a building less than four stories - One Thousand 1\'10 lbndred Dollars ($1,200.00) per apartment dl'lelling unit. (b) l"here it is proposed to construct an apartment dl'lel1ing unit in a building containing four stories or more - One Thousand Dollars ($1,000.00) per apartment dwelling unit. (c) where it is proposed to construct a senior citizen dwelling unit (a,me or other non profit, any type) Five Hundred Dollars ($500.00) per senior citizen dwelling unit. (d) where it is proposed to construct any other dwelling unit- One Thousand Five Hundred Dollars ($1,500.00) per dl'1elling unit. 3.2 The development charge payable in respect of any severance or amendment to zoning by-laws shall be calculated on the basis of the increase in the number of dwelling units permitted on the land in question which could result from such severance or amendment. 4. The development charges called for herein shall be paid at the follol'ling times: (a) In the case of a severance, prior to certification of the Deed. (b) In the case of an amendment to the zoning by-law, prior to passage of the by-law amending the zoning by-laws, or where a site plan agreement providing for payment of development charges has been signed, prior to issuance of any building permit. 5. The funds raised through collection of these development charges shall be set aside in a special reserve fund and shall be eA~ended only for new capital works undertaken by the Town and shall not be used to pay any operating or maintenance costs or to pay for any normal repair or replacement of facilities. 6. The funds raised through collection of development charges shall be apportioned and expended on the following basis: (a) 33 1/3% - administration buildings, furnishings and equipment; (b) 33 1/3% - public works (c) 33 1/3% - other community facilities. I ,)~\ :"0' , ' " - 3 - . 7. The provisions of this By-law shall take effect on the day of the final passing thereofo BY-LAW READ A FIRST AND SECOND T]}IE THIS 4TH DAY OF OCTOBER, 1976. BY-LAW READ A THIRD TlME AND FINALLY PASSED THIS ... ~~.. DAY OF (j cl ~J ............. 1976. G.B. Rickard~ /~ Mayor -' J"M. HcIlro Clerk Cr/~-/ /~. ,,/ ,// Seal . .