DEFINITIONS

1.

In this By-law:

(1)

"apartment dwelling unit" means a residential unit within a building containing two or more dwelling units to each of which access is obtained through a common entrance or entrances from the outside, but shall not include a semi-detached dwelling, a townhouse dwelling or "linked homes" as defined in subsection 1 (18) herein;
 

(2)

"commercial use" means use of any lands, buildings or structures for the purpose of buying and selling commodities and supplying services, as distinguished from such uses as manufacturing or assembling of goods, warehousing, transport terminals, construction and other similar industrial uses;
 

(3)

"Corporation" means the body corporate referred to as The Corporation of the Town of LaSalle;
 

(4)

"Council" means the Council of The Corporation of the Town of LaSalle;
 

(5)

"development" includes redevelopment;
 

(6)

"development charge" means a charge imposed pursuant to this By-law, as adjusted in accordance with the provisions of this By-law;
 

(7)

"Development Charges Background Study" means the Development Charges Background Study prepared by The Town of LaSalle Development Charges Committee, and dated July 1999;
 

(8)

"dwelling" shall mean a building, occupied or designed to be occupied exclusively as a home, residence or sleeping place by one or more persons, but shall not include hotels, boarding, lodging or rooming houses, tourist homes, nursing homes, motels, institutions, travel trailers or mobile homes:
 

(9)

"dwelling unit" means one or more habitable rooms occupied or designed to be occupied by one or more persons as an independent and separate housekeeping unit in which separate kitchen and sanitary facilities are provided for the use of such person or persons, with a private entrance from outside the building or from a common hallway or stairway inside the building;
 

(10)

"gross floor area" means the sum total of the gross horizontal areas of the several floors of the building or buildings on the land concerned, measured from the exterior faces of the exterior walls or from the centreline of the common wall separating two buildings, and the "gross floor area" of a building shall include:
 

(a) basement floor area where the basement ceiling height is 1.8 metres or more, unless otherwise specified;
(b) elevator shafts and stairwells at each floor, floor area used for mechanical equipment, penthouse, attic space having headroom of 2.0 metres or more for at least half the attic floor area, interior balconies and mezzanines enclosed porches and floor area devoted to accessory uses;
 

but area for a private garage, parking or loading, whether in the main building or in an accessory building, is not included in the "floor area";
 

(11)

"industrial use" means the use of any land, building or structure for the purpose of manufacturing, processing, assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing, storing or adopting for sale any goods, substance, article or thing, or any part thereof, and the storage of building and construction equipment and materials, as distinguished from the buying and selling of commodities and the supplying of personal services. A transportation terminal would also be considered an "industrial use";
 

(12)

"non-residential use" means lands, buildings or structures or portions thereof used or designed or intended for a commercial use or an industrial use;
 

(13)

"owner" means the owner of land or the person who has made application for approval for the development of land upon which a development charge is imposed;
 

(14)

"residential use" means lands, buildings or structures used or designed or intended for use as a residence for one or more individuals, and shall include but is not limited to single detached dwellings, semi-detached dwellings, townhouse dwellings and apartment dwellings;
 

(15)

"semi-detached dwelling'' means one of a pair of two attached single dwellings with a common wall having a fire resistance rating of at least one hour, dividing the pair of single dwellings vertically, each of which has an independent entrance either directly from the outside or through a common vestibule:
 

(16)

"services" means services described in the Development Charges Background Study and as designated in Section 5 of this By-law;
 

(17)

"single detached dwelling" means a single dwelling which is freestanding, separate and detached from other main buildings or main structures, and includes dwellings that are free standing, separate and attached to one or more other main buildings below grade level only ("linked homes");
 

(18)

"Town of LaSalle" means the geographic area known as the Town of LaSalle;
 

(19)

"townhouse dwelling" means a building divided vertically into three or more attached dwelling units by common walls extending from the base of the foundation to the roofline, each dwelling unit having a separate entrance at grade, and so located on a lot that individual units may not have legal frontage on a public street.
 

APPLICATION

2.

(1)

This By-law applies to all land within the Town of LaSalle.
 

(2)

Notwithstanding the provisions of subsection 2(1), this By-law shall not apply to lands that are owned by and used for the purposes of:

(a) the Corporation; or
(b) a School Board as defined in section 1(1) of the Education Act; or
(c) The Corporation of the County of Essex.
 

3.

Subject to the provisions of this By-law, development charges shall be payable by the owner of any land within the Town of LaSalle where such land is the subject of a development that requires any of the approvals set out in section 4 of this By-law.
 

4.

Development charges are hereby imposed on all lands within the Town of LaSalle that are developed or proposed to be developed for residential uses or nonresidential uses if the development or proposed development requires:
 

(1)

the passing of a zoning by-law or an amendment to a zoning By-law 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 section 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;

(7)

or  the issuing of a permit under the Building Code Act, 1992, in relation to a building or structure.
 

SERVICES

5.

The development charges imposed under this By-law have been calculated as set out below with regard to the estimated increase in the need for the following service categories caused by the development of land for residential use:
 

Service Category

Residential Land per capita

Sanitary Sewer Services

$1,529.75

Transportation Services

$1,021.50

Water Supply Services

$183.54

Library Services

N/A

Fire Department Services

$46.25

Police Department Services

$11.68

Leisure Department Services

N/A

Environmental Services Department Services

N/A

Administration Services

$58.90

Total - All Services

$2,842.62

DEVELOPMENT CHARGES

6.

(1)

Subject to the provisions of this By-law, the development charges as set out in Schedule "A" to this By-law shall be imposed on land within the Town of LaSalle being developed for residential uses according to the location and type of residential unit to be developed thereon, which development charge shall be payable on a per dwelling unit basis.
 

(2)

No development charge shall be imposed on land within the Town of LaSalle being developed for non-residential uses.
 

7.

Development charges are payable by the owner of land at the time of the issuance of a building permit.
 

EXEMPTIONS

8.

Notwithstanding the provisions of this By-law, no development charge shall be payable where the development:
 

(1)

is limited to the enlargement of an existing dwelling unit; or
 

(2)

is limited to the creation of up to two additional dwelling units as prescribed, subject to the prescribed restrictions, in prescribed classes of existing residential buildings as set out in the Regulations to the Development Charges Act, 1997.
 

REMOVAL OF BUILDINGS

9.

(1)

Where a building or structure is removed from any land used for residential uses, and a new building or structure is proposed to be constructed in its place on the same land, no development charge shall be payable upon the issuance of a building permit for the new building or structure containing the same number of dwelling units as the old building or structure if the said building permit is issued within 3 years of the removal of the old building or structure.
 

(2)

For the purposes of subsection 9(1) herein, "removed" shall include the physical moving of a building or structure, or the destruction of a building or structure as a result of any man-made or natural disaster.
 

DEMOLITION CREDIT

10.

(1)

Where a building or structure has been demolished or is to be demolished, in whole or in part, a demolition credit shall be given as provided herein for such demolished building or structure or part thereof against development charges otherwise payable with respect to development on the same land.
 

(2)

A demolition credit shall be given only where the date of demolition is three years or less prior to the date of the filing of the application for a building permit for the development of the same land. For the purposes of this section, the date of demolition shall be deemed to be the date of issuance of a demolition permit by the Corporation.
 

(3)

The demolition credit shall be calculated according to the following formula:

A - ( B x C ) = D

where: D = development charges net of demolition credit (cannot be a negative amount)

A = development charges otherwise paid or payable

B = the number of residential dwelling units demolished no earlier than three years prior to the date of the filing of the application for the building permit

C = the current residential development charge per dwelling unit which applies to residential units of the type demolished
 

(4)

In no event shall the amount of the demolition credit herein exceed the amount of development charges otherwise payable with respect to the development of the said land.
 

(5)

The onus will be on the owner of land to provide all of the appropriate evidence required so as to justify and accurately calculate the demolition credit that may be owing to the owner pursuant to the provisions of this section.
 

FRONT-ENDING AGREEMENT

11.

The Corporation may enter into a front-ending agreement with an owner of land on terms and conditions satisfactory to the Corporation and in accordance with the provisions of the Development Charges Act, 1997.
 

INDEXING

12.

Development charges imposed pursuant to this by-law may be adjusted annually without amendment to this By-law, commencing on September 1, 2000 and on September 1 of each year thereafter, in accordance with the Statistics Canada Quarterly, Construction Price Statistics, catalogue number 62-007, or as otherwise prescribed by the Regulations to the Development Charges Act, 1997.
 

GENERAL

13.

This By-law shall be administered by the Treasurer of the Corporation and shall be enforced by the Chief Building Official of the Corporation.
 

14.

This By-law shall come into force and take effect on the final passing thereof.
 

15.

This By-law shall expire 5 years after the date it comes into force and takes effect.
 

16.

By-law 4738 of the Corporation, finally passed on November 5, 1991, as amended, be and the same is hereby repealed.
 

17.

This By-law may be referred to as the Town of LaSalle Development Charges Bylaw, 1999.