BY-LAW NUMBER XX- 2021
A BY-LAW TO IMPOSE DEVELOPMENT CHARGES
Passed the XX day of January, 2021.
WHEREAS the Development Charges Act, 1997 , S.O. 1997, c. 27 provides that the council of a municipality may pass by-laws for the imposition of development charges against land for increased capital costs required because of the needs for services arising from development in the area to which the by-law applies;
AND WHEREAS the Council of The Corporation of the City of Windsor has given notice in accordance with section 12 of the said Act, of its intention to pass a by-law under section 2 of the said Act;
AND WHEREAS the Council of The Corporation of The City of Windsor has heard all persons who applied to be heard no matter whether in objection to, or in support of, the development charges proposal at a public meeting held December 7, 2020;
AND WHEREAS by resolution adopted by Council of The Corporation of the City of Windsor on December 7, 2020 Council determined that no further public meetings were required under Section 12 of the said Act;
AND WHEREAS the Council of the Corporation of The City of Windsor completed and had before it a report, entitled Development Charges Background Study, dated November 5, 2020, prepared by Hemson Consulting Limited;
AND WHEREAS by resolution adopted by Council of The Corporation of the City of Windsor on December 7, 2020, Council has indicated that it intends to ensure that the increase in the need for services attributable to the anticipated development, including any capital costs, will be met, by updating its capital budget and forecast where appropriate;
NOW THEREFORE the Council of the Corporation of the City of Windsor enacts as follows:
1. DEFINITIONS
In this by-law
“Act” means the Development Charges Act, 1997 , S.O. 1997, c. 27, as amended;
“Agreement” means an agreement entered into pursuant to the provisions of s.26.1 (11), 26.2(7) or 27 of the Act;
“ brownfield ” means a property where a phase two environmental site assessment has been conducted, and that as of the completion date the phase two environmental site assessment, the property did not meet the requirements of s. 168.4(1)4. of the Environmental Protection Act so as to permit a Record of Site Condition (RSC) to be filed in the Environmental Site Registry for the proposed use of the property.
“Chief Administrative Officer” means the Corporation’s Chief means the Corporation’s Chief Administrative Officer from time to time or their delegate;