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HomeMy WebLinkAbout2000-108 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2000-108 To impose development charges against land in the Municipality of Clarington pursuant to the Development Charges Act, 1997 (the "Act") WHEREAS subsection 2(1) of the Act provides that the Council of a municipality may by by-law impose development charges against land to pay for increased capital costs required because of increased needs for services arising from the development of the area to which the by- law applies; AND WHEREAS Council has before it a report entitled "The Municipality of Clarington Development Charges Study Review and Update, Final Report dated May, 2000, As Amended" (the"Study"); AND WHEREAS Council gave notice to the public of a public meeting and held a public meeting pursuant to section 12 of the Act on June 19, 2000, prior to which the Study and a proposed development charges by-law were made available to the public, and Council heard comments and representations from all persons who applied to be heard (the "Public Meeting") and considered Report TR-36-00 dated June 19, 2000 (the "Staff Report"); AND WHEREAS staff of the Municipality considered the public comments and representations made at the Public Meeting and provided Addendum to Report TR-36-00 dated July 3, 2000 to the meeting of the General Purpose and Administration Committee of Council held on July 3, 2000; AND WHEREAS at its meeting on July 10, 2000, by Resolution No. C-411 Council approved the recommendations contained in Report TR-36-00 as amended by Addendum to Report TR-36-00, and as further amended by item #25 of Report #1 to Council from the General Purpose and Administration Committee of Council at its meeting on July 3, 2000; AND WHEREAS Council on July 10, 2000 held a further meeting open to the public, at which Council considered the Study, the Staff Report Addendum to Report TR-36-00, item #25 of Report #1 to Council from the General Purpose and Administration Committee of Council at its meeting on July 3, 2000, and further written and oral submissions from the public; AND WHEREAS Council determined that no further public meetings were required under section 12 of the Act. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: ii 1 (1) In this By-law the term: "accessory" where used to describe a building means that the building is naturally and normally incidental, subordinate in purpose or floor area or both, and is exclusively devoted to a principal use or building located on the same lot. -2- "Act" means the Development Charges Act, 1997, S.O. 1997, c.27, as it may be amended from time to time; "agricultural" means a bona fide farming operation, including farm buildings and buildings accessory thereto, sod farms, the breeding and/or the boarding of horses, greenhouses, and residential buildings which are used exclusively to provide living accommodation for employees of the operator of the land devoted to the practice of farming and which residential buildings are occupied for fewer than six (6) consecutive months during each calendar year, but the term"agricultural" does not include any dwelling unit or other non-residential total floor area; "air-supported structure" means an air supported structure as defined in the Building Code Act; "apartment" means a dwelling unit contained in an apartment dwelling; "apartment dwelling" means a residential building, or the residential portion of a mixed-use building containing 4 or more dwelling units which have a common entrance from the street level, common halls, stairs, elevators and/or yards, and which is not a dwelling unit or dwelling units contained in a single-detached dwelling, a semi-detached dwelling, a townhouse (rowhouse) dwelling, or a multiple dwelling; "approval authority" means the Region's Commissioner of Planning, the Region's Land Division Committee or the Ontario Municipal Board having jurisdiction to approve a plan of subdivision under section 51 of the Planning Act, to grant a consent under section 53 of the Planning Act, or to approve a description under section 50 of the Condominium Act, whichever Act is applicable in the circumstances; "board of eduction" means a board of education, French and English public school boards, and separate school boards; "building" means a building or structure occupying an area greater than 10 square metres consisting of a wall, roof, and floor or any of them or a structural system serving the function thereof, and includes an air-supported structure and an exterior storage tank; "Building Code Act" means the Building Code Act, 1992, S.O. 1992, chapter 23, as amended and all Regulations thereto including the Ontario Building Code, 1997, as amended, and as they may be amended or replaced from time to time; "demolish" means to do anything in the removal of a building or a part thereof and the term"demolition" has a corresponding meaning; "development" includes redevelopment; "development charge" means a development charge imposed by this By-law; "dwelling unit" means one or more habitable rooms designed or intended to be used together as a single and separate housekeeping unit by one person or by more than one person, containing its own kitchen and sanitary facilities, with a private entrance from outside the unit itself, -3- "existing industrial building" means a building used for or in connection with, (a) manufacturing, producing, processing, storing or distributing something, (b) research or development in connection with manufacturing, producing or processing something, (c) 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, production or processing takes place, (d) office or administrative purposes, if they are, (i) carried out with respect to manufacturing, producing, processing, storage or distributing of something, and (ii) in or attached to the building or structure used for that manufacturing, producing, processing, storage or distribution; "farm building" means a farm building as defined in the Building Code Act; "floor" includes a paved, concrete, wooden, gravel, or dirt floor; "grade" means the average level of the proposed finished surface of the ground immediately abutting each building or mixed-use building at all exterior walls of the building or mixed-used building in question; "industrial" means manufacturing, assembling, processing, fabricating, refining, research and development, storage of materials and products, truck terminals, warehousing, and buildings and structures or portions thereof which are designed, used or intended to be used for a purpose, but the term does not include (1) retail service sales or rental areas, storage or warehousing areas or uses used, designed or intended to be used in connection with retail sales, service or rental areas, and (2) office areas or uses whether or not they are accessory to any of the foregoing areas or uses, or to any other non-residential areas or uses; "gross floor area" 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. (2) For the purposes of paragraph 3 of subsection 2(4) of the Act, "land for parks" (a) includes land for woodlots and land that is acquired because it is environmentally sensitive, and (b) does not include land for an enclosed structure used throughout the year for public recreation and land that is necessary for the structure to be used for that purpose, including parking and access to the structure; "land" includes buildings and structures; "large apartment" means an apartment containing 69.675 square metres of residential floor area or more; "local board" means a public utility commission, transportation commission, public library board, board of park management, local board of health, police services -4- board, planning board, or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes of the Municipality or the Region, "lot" means a parcel of land within a registered plan of subdivision or any land that may be legally conveyed under the exemption provided in clauses 50(3)(b) or 50(5)(a) of the Planning Act; "mezzanine" means a mezzanine as defined in the Building Code Act; "mixed-use building" means a building used, designed, or intended to be used either for use for a combination of non-residential and residential areas and uses, or for a combination of different classes or types of non-residential areas and uses, "mobile home" means a dwelling unit which is designed and constructed to be transported on its own chassis and is placed on a foundation; "multiple dwelling" means a residential building or the residential portion of a mixed-use building which contains one or more dwelling units; "Municipality" means The Corporation of the Municipality of Clarington; "non-residential" means buildings or portions of mixed-use buildings containing floors or portions of floors contained therein which are used, designed or intended to be used for a purpose which is not a residential purpose; "owner" means the owner of land or a person who has made application for an approval for the development of land against which a development charge is imposed; "protracted" means in relation to a temporary building or structure the persistence of its construction, erection, placement on land, or an alteration to or an addition to a building for a continuous period exceeding twelve months from the date on which the construction, erection or placement of the temporary building or structure was completed; "Region" means The Regional Municipality of Durham; "residential" means buildings or portions of mixed-use buildings and floors or portions of floors contained therein which are used, designed, or intended to be used as living accommodation for one or more individuals provided in a dwelling unit(s); "residential floor area" means the floor area of an apartment measured either between the exterior faces of the exterior walls of the apartment, or between the exterior faces of one or more of the exterior walls of the apartment and one or more of the centre line(s) of the wall(s) separating the apartment in question from an abutting apartment and the exterior face(s) of the wall(s) separating the apartment in question from an adjacent corridor, elevator, lobby, or stair, whether or not any such walls contain one or more entrances to the apartment, provided that where the apartment dwelling in which the apartment is located is attached to another building by a party or common wall the centre line of such wall shall be deemed to be an exterior face of an exterior wall of the apartment dwelling in question; _ -5- "semi-detached dwelling" means a residential building divided vertically so as to contain only two separate dwelling units each of which has an independent entrance directly from outside of the building, is located on separate lots, at least 50 per cent of the above-grade area of a main wall on one side of each dwelling unit is attached to or is the same as a main wall on one side of the other dwelling unit, building is not attached to any other building or structure except its own garage or shed and the building has open space on all sides of it; "service" means a service designated as such by subsection 6(2) of this By-law; "single-detached dwelling" means a residential building containing only one dwelling unit which is not attached to any other building or structure except its own garage or shed, has open space on all sides, and has no dwelling units either above it or below it, and the term "single-detached dwelling" includes a mobile home; "small apartment" means an apartment containing less than 69.675 square metres of residential floor area; "temporary building" means a building constructed or erected or placed on land for a continuous period not exceeding twelve months, or an addition or alteration to a building or structure that has the effect of increasing the total floor area thereof for a continuous period not exceeding twelve months; "total floor area", in the case of buildings other than mixed-use buildings, means the sum total of the total areas of the non-residential floors contained in the building that are not exempt from development charges imposed by this By-law, whether at, above, or below grade, measured between the exterior faces of the exterior walls of the building. In the case of mixed-use buildings that contain a combination of residential, and/or non-residential areas or uses that are not exempt from development charges imposed by this By-law, "total floor area" means the sum total of each of the total areas of the non-residential floors, or the sum total of the non-residential portions of the floors contained in the mixed-use building that are not exempt from development charges imposed by this By-law, whether at, above or below grade, and (1) where the total area of the floor is comprised of non-residential areas or uses that are not exempt from development charges, total floor area shall be measured between the exterior faces of the exterior walls of the mixed-use building, and (2) where one or more portions of a floor of the mixed- use building comprise non-residential areas or uses that are not exempt from development charges and another portion(s) of the same floor that either is a residential area or use, or is a non-residential area or use which is not exempt from development charges imposed by this By-law, total floor area shall be measured either between the exterior face(s) of the exterior wall(s) and/or between the centre lines of interior walls which separate the non-residential area(s) and use(s) from one or more residential area(s) and use(s) or non-residential areas or uses that are so exempt on the same floor. In the case of mixed-use buildings that contain (a) a combination of residential areas or uses, and non-residential areas or uses some only of which are exempt from development charges imposed by this By-law, or (b) only a combination of classes or types of non-residential areas or uses, some only of which are exempt from development charges imposed by this By-law, "total floor area" means the sum total of each of the total areas of the portions of the non-residential floors that are not exempt from development charges imposed by this By-law, contained in the mixed-use building whether at, above or below grade, and (1) where the total area of the floor is non-residential which is not exempt from development charges imposed by this By-law, total floor area shall be measured between the exterior faces of the exterior walls of the -6- mixed-use building, and (2) where the total area of one or more portion(s) of a floor(s) of the mixed-use building is a non-residential area(s) or uses(s) which is not exempt from development charges imposed by this By-law and the same floor also contains another portion(s) of a floor(s) which is exempt from development charges imposed by this By-law, total floor area shall be measured between the exterior faces of the exterior wall(s) and/or the centre line(s) of interior walls which separate the non-residential area(s) or use(s) on the floor that are exempt from development charges from those on the same floor that are not exempt from development charges imposed by this By-law. In all cases in which the building or mixed-use building is attached to another building or mixed-use building, the centre line of the party or common wall shall be deemed to be an exterior wall of each building or mixed-use building as the case may be. Where a building does not have any walls, "total floor area" means the sum total of the area of land below the roof of the building and the total areas of the floors in the building. Except as otherwise provided in this definition, in all cases, "total floor area" (a) includes the floor area of a mezzanine, an air-supported structure, interior corridors, lobbies and common areas, and the space occupied by interior wall partitions, and (b) excludes any areas of the building or mixed-use building used for elevators, enclosed garbage storage areas, loading facilities, mechanical equipment related to the operation or the maintenance of the building or mixed-use building, parking of motor vehicles and stairwells, "townhouse (rowhouse) dwelling" means a group of three or more attached dwelling units which are attached side by side and do not have any other dwelling unit either above or below any of them; "Zoning By-law" means the Municipality's By-law No. 84-63, as amended, as it may be further amended or replaced from time to time. (2) In this By-law, unless the context otherwise requires, the singular includes the plural and the plural includes the singular. Rules 2. (1) The rules developed under paragraph 9 of subsection 5(l) of the Act for determining if a development charge is payable in any particular case and for determining the amount of the development charges that are payable are set forth in sections 4 to 17, inclusive, and section 22 of this By-law. (2) The exemptions provided for are the exemptions set forth in sections 18 to 21, inclusive of this By-law; the indexing of charges shall be in accordance with section 15 of this By-law; and as is provided in subsection 16(1) of this By-law, certain of the development charges imposed by this By-law shall be phased in. (3) The rules for determining if a development charge is payable in the case of redevelopment shall be in accordance with the rules set forth in section 22 of this By-law. Lands Affected by By-law 3. This By-law applies to all lands within the geographic area of the Municipality. Designated Services and Reserve Funds -7- 4. It is hereby declared by Council that the development of land for residential buildings, non-residential buildings and mixed-use buildings in the Municipality will increase the need for services. 5. The development charges imposed by section 7 of this By-law shall apply without regard to the services which in fact are required or are used by or in respect of a particular development of land. 6. (1) Except where otherwise provided, development charges are imposed against land by this By-law to pay for increased capital costs required because of increased needs for services arising from the development of land within the Municipality. (2) The following are designated services for the purpose of this By-law: (a) General Government (including Financing); (b) Library Services; (c) Fire Protection Services; (d) Indoor Recreation; (e) Park Development and Related Facilities; (f) Public Works Department; (g) Roads and Related (including Financing); and (h) Storm Water Drainage and Control Services. (3) The allocations of the residential development charges and the non-residential development charges imposed by this By-law, to the designated services referred to in subsection 6(2) are set out in Schedules "3" and "4", respectively, hereto. Imposition of Development Charges 7. Except as otherwise provided in this By-law, development charges are imposed against land if the development of the land requires any one or more of the following actions or decisions: (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; (0 the approval of a description under section 50 of the Condominium Act; or (g) the issuing of a permit under the Building Code Act, 1992 in relation to a building. -8- 8. Not more than one development charge for each of the services set out in subsection 6(2) is imposed by this By-law upon the development of land whether or not two or more of the actions or decisions referred to in section 7 are required before the land in question can be developed. 9. Notwithstanding section 8 of this By-law, if two or more of the actions or decisions referred to in section 7 occur at different times, additional development charges shall be imposed in respect of any increase-in or additional development permitted by that action or decision or by those actions or decisions. 10. Where the development of land requires an action or decision referred to in section 7 of this By-law to be taken or made after the issuance of a building permit and no development charges have been paid, then development charges shall be paid prior to the action or the decision referred to in section 7 being taken or being made. 11. If the development of land is such that it does not require that a building permit be issued before the development is commenced, but the development does require one or more of the other actions or decisions referred to in section 7 be taken or made before the development is commenced, development charges shall be payable in respect of any increase in or additional development permitted by such action or decision prior to the action or decision required for the increased or additional development in question being taken or being made. 12. (1) Nothing in this By-law shall prevent the Municipality or an approval authority from requiring, as a condition of an agreement under sections 51 or 53 of the Planning Act, that the owner of land, at his or her own expense, install such local services related to a plan of subdivision or within the area to which the plan relates, as the approval authority may require, or that the owner pay for local connections to storm drainage facilities installed at the owner's expense, or administrative, processing, or inspection fees. (3) Without derogating from subsection 12 (1), nothing in this By-law shall prevent the Municipality or an approval authority from requiring as a condition of any approval given under the Planning Act that the owner, at the owner's expense, shall install such services as may be determined by the Municipality or the approval authority in accordance with the applicable law. Basis of Calculation of Development Charges 13. Subject to section 16 the development charges imposed by this By-law shall be calculated as follows: (a) in the cases of residential buildings, and the residential portions of mixed-use buildings, on the basis of the number and type of dwelling units contained in them; (b) in the cases of non-residential buildings and the non-residential portion of mixed- use buildings, on the basis of the total floor area contained in the non-residential building or in the non-residential portion of the mixed-use building, as the case may be. Amount of Development Charges 14. (1) The amount of the development charges payable in respect of the development of apartment dwellings, multiple dwellings, single-detached dwellings, semi-detached dwellings, and townhouse (rowhouse) dwellings, and in respect of the development of the residential areas of mixed-use buildings shall be as set out and -9- shall be determined in accordance with subsection 16(1) of this By-law and Schedule"I" hereto. (2) The amount of the development charges payable in respect of development of non- residential buildings, and in resect of the development of the non-residential components of mixed-use buildings, shall be as set out and shall be determined in accordance with subsection 16(2) of this By-law and Schedule "2" hereto. Indexing of Development Charges 15. The development charges set out in Schedules "I" and "2" hereto shall be adjusted without amendment to this By-law annually on July I st in each year, commencing on July 1st, 2001, in accordance with the Statistics Canada Quarterly, Construction Price Statistics (catalogue number 62-007) based on the 12 month period ending March 31. Phasing_Timing of Calculation and Pant 16. (1) The residential development charges set out in Schedule "1" hereto in the column under the date "August 1, 2000" are payable in full on and from August 1, 2000 to and including December 31, 2000. On and from January 1, 2001 to and including June 30, 2001, the residential development charges set out in Schedule "1" hereto in the column under the date "July 1, 2001" replace those set out in the column under the date "August 1, 2000" and are payable in full on and from January 1, 2001 to and including June 30, 2001. On and from July 1, 2001 to and including December 31, 2001, the residential development charges set out in Schedule"I" in the column under the date"July 1, 2001" replace those set out in the column under the date "January 1,2001". On and from January 1, 2002, the residential development charges set out in Schedule "1" in the column under the date "January 1, 2002" replace those set out in the column under the date "July 1, 2001" and are payable in full on and from January 1, 2002. (2) The non-residential development charges set out in Schedule "2" in the column under the date "August 1, 2000" are payable in full on and from August 1, 2000 to and including June 30, 2001. On and from July 1, 2001, the non-residential development charges set out in Schedule "2" in the column under the date "July 1, 2001" replace those set out in the column under the date"August 1, 2000" and are payable in full on and from July 1, 2001 to and including June 30, 2002. On and from July 1, 2002, the non-residential development charges set out in Schedule "2"in the column under the date "July I, 2002" replace those set out in the column under the date "July 1, 2001" and are payable in full on and from July 1, 2002 to and including June 30, 2003. On and from July 1, 2003, the non-residential development charges set out in Schedule "2" in the column under the date "July 1, 2003" replace those set out in the column under the date "July 1, 2002" and are payable in full on and from July 1, 2003 to and including June 30, 2004. On and from July 1, 2004, the non-residential development charges set out in Schedule "2" in the column under the date "July 1, 2004" replace those set out in the column under the date "July 1, 2003" and are payable in full on and from July 1, 2004. (3) Subject to subsections 16(l) and 16(2), and except as provided in section 22 of this By-law, development charges shall be calculated as of, and shall be payable o the date the first building permit is issued for the development of the land against which the development charges imposed by this By-law apply. -10- Payment by Money 17. Payment of development charges shall be by cash or by certified cheque. Rules with Respect to Exemptions for Intensification of Existing Housing 18. This By-law does not apply to impose development charges if the only effect of any action or decision referred to in section 7 is (a) to permit the enlargement of an existing dwelling unit; (b) to permit to be developed one or two additional dwelling units to the existing dwelling unit contained in an existing single-detached dwelling, provided that the total gross floor area of the additional dwelling unit(s) does not exceed the gross floor area of the existing dwelling unit; (c) to permit to be developed one additional dwelling unit to an existing dwelling unit contained either in an existing semi-detached dwelling or in the portion of an existing townhouse (rowhouse) dwelling which contains an existing dwelling unit which has one or two vertical walls, but no other parts, attached to other buildings, provided that the gross floor area of the additional dwelling unit does not exceed the gross floor area of the existing dwelling unit; and (d) to permit one additional dwelling unit to be developed in an existing apartment dwelling or in an existing multiple dwelling, provided that the gross floor area of the additional dwelling unit does not exceed the gross floor area of the smallest existing dwelling unit in the apartment dwelling or in the multiple dwelling in question, as the case may be. Rule With Respect to the Exemption of Agricultural Development 19. Agricultural development of land is exempt from development charges imposed by this By-law. Rules With Respect to the Exemption of Certain Public and Other Buildings 20. Buildings and non-residential portions of mixed-use buildings within any of the following categories of areas or uses are hereby exempted from development charges imposed by this By-law: (a) buildings used, designed or intended for use as hospitals governed by the Public Hospitals Act, R.S.O. 1990, c.P.40, as amended or replaced from time to time; (b) buildings owned by and used, designed or intended for use for the purposes of the Municipality, the Region, or their local boards; (c) buildings used, designed or intended for use as a place of worship; (d) buildings owned by a board of education and used, designed or intended for use for school purposes including the administration or the servicing of schools; (e) buildings owned by and used, designed or intended for use for the purposes of a college of applied arts and technology established pursuant to the Ministry of Colleges and Universities Act, R.S.O. 1990, c.M.19, as amended or replaced from time to time; -11- (f) buildings owned by and used, designed and intended for use for the purposes of a university established by an Act of the Legislative Assembly of Ontario; (g) buildings or portions of buildings which are owned by the Ontario Electricity Generation Corporation, a subsidiary of that Corporation, a not-for-profit corporation, or by an agent of the Crown in Right of Canada or of Ontario, and which are used, designed or intended to be used for the purpose of research facilities, including but not limited to laboratories, offices, amenity areas and service areas for staff who conduct research into the generation of electricity by nuclear fission or by nuclear fusion or assist such staff , but which buildings or portions of buildings are not used, designed or intended to be used for the purpose of the generation of electricity for sale; and (h) buildings owned by a not-for-profit corporation or organization and used, designed, or intended for use for any residential or for any non-residential purpose of the not-for-profit corporation or organization in question. Rules with Respect to the Exemption of Temporary Buildings 21. (1) Temporary buildings are exempt from the development charges imposed by this By-law. (2) In the event that a temporary building becomes protracted, it shall be deemed not to be, or ever to have been a temporary building, and the development charges required to be paid by this By-law shall become payable on the date on which the temporary building becomes protracted. (3) Prior to an action or decision referred to in section 7 of this By-law being taken or being made in respect of the development of a temporary building, the Municipality, pursuant to section 27 of the Act, may require an owner to enter into an agreement which may include the provision of security for the owner's obligation under the agreement and which agreement shall provide for all or part of the development charges to be paid after the date on which they would otherwise be payable under subsections 16(1) or 16(2). of this By-law, whichever is applicable. The terms of such agreement shall prevail over the provisions of subsections 16(1), 16(2) and 16(3) of this By-law. Rules with Respect to the Redevelopment of Land 22. (1) Where there is a redevelopment of land in which the conversion of space within a building to residential purposes is proposed, or on which there was formerly erected a residential building or the residential portion of a mixed-use building that has been demolished, a credit shall be allowed against the development charge otherwise payable by the owner pursuant to this By-law for the portion of the previous building or structure that is still in existence being converted to residential purposes or for the residential portion of the building that has been demolished, as the case may be. The credit shall be calculated by multiplying the number and type of dwelling units being converted or demolished by the relevant development charges in effect on the date when the development charges are payable in accordance with this By-law. (2) A credit in respect of the demolition of an existing building shall not be given under subsection 22(1) unless within two years from the date on which the demolition permit for the demolition in question was issued, either a building permit has been issued or a subdivision agreement has been entered into by the owner of the land with the Municipality for or in respect of the redevelopment of -12- the land in question, provided that in the case of a subdivision agreement, within four years after the subdivision agreement has been entered into with the Municipality a building permit has been issued for the redevelopment of the land which is subject to the subdivision agreement. (3) The amount of any credit under subsection 22(1) shall not exceed in total the amount of the development charges otherwise payable with respect to the redevelopment of the land in question Rule with Respect to the Exemption of Industrial Development 23. The development of an industrial building, the development of the industrial portion(s) of a mixed-use building, or the development of an existing industrial building by the enlargement of the gross floor area thereof, are exempt from development charges imposed by this By-law. Interest 24. The Municipality shall pay interest on a refund under subsections 18(2), 18(3) and 25(2) of the Act at a rate equal to the Bank of Canada rate on the date this By-law comes into force updated on the first business day of every January, April, July and October until the date of the repeal or the expiry of this By-law. Front-Ending Agreements 25. The Municipality may enter into front-ending agreements under section 44 of the Act. Schedule 26. Schedule 1 — Residential Development Charges and Schedule 2 - Non-Residential Development Charges are attached to and form part of this By-law. Date By-law Effective 27. This By-law comes into force and is effective on August 1, 2000, except in respect of the development of lands for which applications for building permits substantially complete in form and in substance are filed with the Municipality's Chief Building Official on or before July 31, 2000, in which cases only By-law No. 99-125 as amended, shall continue to apply on and after August 1, 2000 and this By-law shall not apply in such cases whether or not building permits are issued to the applicants therefore on or after August 1, 2000. Date By-law Expires 28. This By-law expires five years after the day on which it comes into force. Repeal of By-law No.99-125 29. Except as provided in section 27 of this By-law, By-law No. 99-125 as amended, is repealed effective on August 1, 2000. Headings for Reference Only 30. The headings inserted in this By-law are for convenience of reference only and shall not affect the construction or interpretation of this By-law. -13- Severability 31. If, for any reason, any provision, section, subsection or paragraph of this By-law is held 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, reenacted or amended, in whole or in part or dealt with in any other way. THIS BY-LAW READ A FIRST, SECOND, AND THIRD TIME, AND PASSED IN OPEN COUNCIL THIS 10th DAY OFJULY , 2000. iane Ham re,Mayor Mar e n g a ey, Deputy rk As amended by the Ontario Municipal Board on May 7, 2001 SCHEDULE"1" RESIDENTIAL DEVELOPMENT CHARGES SCHEDULE"1"TO BY-LAW NO. 2000-108 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON RESIDENTIAL DEVELOPMENT CHARGES PER UNIT EFFECTIVE ON Aug. 1, 2000 Jan. 1, 2001 July 1, 2001 Jan. 1, 2002 Single and Semi-Detached $5,875 $6,250 $6,364 $6,733 Townhouse& Row Units $5,160 $5,490 $5,591 $5,917 Apartments Large $3,920 $4,170 $4,246 $4,489 Small $2,490 $2,650 $2,698 $21856 As amended by the Ontario Municipal Board on May 7, 2001 SCHEDULE "2" NON-RESIDENTIAL DEVELOPMENT CHARGES SCHEDULE"2"TO BY-LAW NO. 2000-108 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON NON-RESIDENTIAL DEVELOPMENT CHARGES PER SQUARE METRE EFFECTIVE ON Charge By Effective Date July 1, July 1, July 1, July 1, July 1, 2000 2001 2002 2003 2004 Per Square Metre $4.08 $8.16 $10.91 $14.99 $19.07 As amended by the Ontario Municipal Board on May 7, 2001 SCHEDULE"3" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2000-108 ALLOCATION OF RESIDENTIAL DEVELOPMENT CHARGES %Allocation General Government(including financing) 4% Library Services 5% Fire Protection Services 6% Indoor Recreation 23% Park Development and Related Facilities 13% Public Works Department god, Roads& Related (including financing) 43% Total Development Charge 100% As amended by the Ontario Municipal Board on May 7, 2001 SCHEDULE"4" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.2000-108 ALLOCATION OF NON-RESIDENTIAL DEVELOPMENT CHARGES %Allocation General Government(including financing) 3% Library Services N/A Fire Protection Services 13% Indoor Recreation N/A Park Development and Related Facilities N/A Public Works Department 11% Roads& Related (including financing) 78% Total Development Charge 100% R:W EFFERON%CLARINGWIDGEPIMDCBYLAW.WPD