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THE CORPORATION OF THE TOWN OF
ARNPRIOR BY-LAW NUMBER 6805-18
BEING A BY-LAW FOR THE IMPOSITION OF DEVELOPMENT CHARGES
WHEREAS the Town of Arnprior will experience growth through development and re-
development;
AND WHEREAS development and re-development require the provision of physical and
social services by the Town of Arnprior;
AND WHEREAS Council desires to ensure that the capital cost of meeting growth-related
demands for, or burdens on, municipal services does not place an excessive financial
burden on the Town of Arnprior or its existing taxpayers, while at the same time ensuring
new taxpayers contribute no more than the net capital cost attributable to providing the
current level of municipal services;
AND WHEREAS subsection 2(1) of the Development Charges Act, 1997 c. 27 (hereinafter
called "the Act") provides that the Council the Town of Arnprior may impose development
charges against land to pay for increased capital costs required because of increased
needs for services;
AND WHEREAS the Council of The Corporation of the Town of Arnprior has given Notice
on January 22, 2018 according to section 12 of the Development Charges Act, 1997, of
its intention to pass a by-law under Section 2 of the said Act;
AND WHEREAS the Council of the Town of Arnprior has heard all persons who applied
to be heard no matter whether in objection to, or in support of, the development charge
proposal at a public meeting held on February 12, 2018;
AND WHEREAS the Council of the Town of Arnprior had before it a report entitled 2017
Development Charge Background Study dated December 29, 2017 prepared by Watson
& Associates Economists Ltd., wherein it is indicated that the development of any land
within the Town will increase the need for services as defined herein;
AND WHEREAS the Council of the Town of Arnprior on December 29, 2017 approved
the applicable Development Charge Background Study, as amended, inclusive of the
capital forecast therein, in which certain recommendations were made relating to the
establishment of a development charge policy for the Town of Arnprior pursuant to the
Development Charges Act, 1997;
AND WHEREAS the Council of the Town of Arnprior on February 12, 2018 determined
that no additional public meeting was required to be held as part of the approval process.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF |
ARNPRIOR ENACTS AS FOLLOWS:
1. INTERPRETATION
1.1.In this by-law, the following items shall have corresponding meanings:
"Act" means the Development Charges Act, 1997, c. 27;
"Accessory use" means where used to describe a use, building, or structure that
the use, building or structure is naturally and normally incidental, subordinate in
purpose of floor area or both, and exclusively devoted to a principal use, building
or structure;
"Bedroom" means a habitable room larger than seven square metres, including a
den, study, or other similar area, but does not include a living room, dining room or
kitchen;
"Benefiting area" means an area defined by map, plan or legal description in a
front-ending agreement as an area that will receive a benefit from the construction
of a service;
"Board of Education" means a board defined in s.s. 1(1) of the Education Act;
"Building Code Act" means the Building Code Act, 1992, S.O. 1992, c.23, as
amended;
"Capital cost" means costs incurred or proposed to be incurred by the Town or a
local board thereof directly or by others on behalf of, and as authorized by, the
Town or local board,
1. to acquire land or an interest in land, including a leasehold interest;
2. to improve land;
3. to acquire, lease, construct or improve buildings and structures;
4. to acquire, lease, construct or improve facilities including,
(a) furniture and equipment, other than computer equipment, and
(b) materials acquired for circulation, reference or information purposes
by a library board as defined in the Public Libraries Act, R...O. 1990,
c. 57, and
(c) _ rolling stock with an estimated useful life of seven years or more; and
5. to undertake studies in connection with any of the matters referred to in
clauses 1 to 5 above, including the Development Charges Background
Study required for the provision of services designated in this By-Law within
or outside the Town, including interest on borrowing for those expenditures
under clauses 1 to 5 above that are growth-related;
"Commercial" means any use of land, structures or buildings for the purposes of
buying or selling commodities and services, but does not include industrial or
agricultural uses, but does include hotels, motels, motor inns and boarding, lodging
and rooming houses;
"Council" means the Council of the Town of Arnprior;
"Development" means the construction, erection or placing of one or more
buildings or structures on land or the making of an addition or alteration to a
building or structure that the effect of increasing the size of usability thereof, and
includes redevelopment;
"Development charge" means a charge imposed pursuant to this By-law;
"Duplex dwelling" means a building or structure divided horizontally into two
dwelling units, in which each unit has an independent entrance either directly from
the outside or through a common vestibule;
"Dwelling unit" means any part of a building or structure used, designed or intended
to be used as a domestic establishment in which one or more persons may sleep
and are provided with culinary and sanitary facilities for their exclusive use; except
in the case of a care home as defined in the Tenant Protection Act, 1997, or group
home as defined in subsection 166(1) of the Municipal Act, 2001, or senior citizen's
home as defined in this By-Law, or retirement home or lodge as defined in this By-
Law, in which case "dwelling unit" means:
(i) a room or suite of rooms designated for residential occupancy with or
without exclusive sanitary and/or culinary facilities;
(ii) a room or suite of rooms used, or designed or intended for use, by more
than one person with no more than two persons sharing a bedroom and
with sanitary facilities directly connected and accessible to each room; |
or
(iii) every six (6) square metres of bedroom area within a room or suite of
rooms used, or designed or intended for use, by more than one person
with more than two persons sharing a bedroom.
"Existing" means the number, use and size that existed as of the date this By-Law |
was passed; |
"Gross floor area" means:
1. in the case of a residential building or structure, the total area of all floors
above and/or below grade of a dwelling unit, measures between the outside
surfaces of exterior walls or between the outside surfaces of exterior walls
and the centre line of party walls dividing the dwelling unit from any other
dwelling unit or other portion of a building; and
2. in the case of a non-residential building or structure, or in the case of a
mixed-use building or structure in respect of the non-residential portion
thereof, the total areas of all building floors above or below grade, measured
between the outside surfaces of the exterior walls, or between the outside
surfaces of exterior walls and the centre line of party walls dividing a non-
residential use, except for:
(a) a room or enclosed area within the building or structure above or below
that is used exclusively for the accommodation of heating, cooling,
ventilating, electrical, mechanical or telecommunications equipment that |
service the building;
(b) loading facilities above or below grade; and
(c) a part of the building or structure below grade that is used for the parking
of motor vehicles or for storage or other accessory use;
"Industrial" means lands, buildings or structures used or designed or intended for
use for manufacturing, processing, fabricating or assembly of raw goods,
warehousing or bulk storage of goods, and includes office uses and the sale of
commodities to the general public where such uses are accessory to an industrial
use, but does not include the sale of commodities to the general public through a
warehousing club;
"institutional" means land, buildings, structures or any part thereof used by any
organization, group or association for promotion of charitable, educational or
benevolent objectives and not for profit or gain;
"Local Board" means a school board, public utility, commission, transportation
commission, public library board, board of park management, local board of health,
board of commissioners of police, 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,
including school purposes, of the Town of Arnprior or any part or parts thereof;
"Local services" means those services, facilities or things which are under the
jurisdiction of the Town and are related to a plan of subdivision or within the area
to which the plan relates in respect of the lands under Sections 41, 51 or 53 of the
Planning Act, R.S.O. 1990, Chap. P.13, as amended, or any successor thereof;
"Multiple dwellings" means all dwellings other than single-detached, semi-
detached and duplex;
"Municipal water and sewer serviced area" means all lands within the Town of
Arnprior connecting into the municipal water and sewer system;
"Non-residential use" means land, building or structure of any kind whatsoever
used, designed or intended to be used for other than a residential use;
"Official Plan" means the Official Plan adopted for the Town, as amended and
approved;
"Owner" means the owner of land or a person who has made application for an
approval for the development of land upon which a development charge is
imposed;
"Place of worship" means that part of a building or structure that is exempt from
taxation as a place of worship under the Assessment Act, R.S.O. 1990, Chap.
A.31, as amended, or any successor thereof;
"Rate" means the interest rate established weekly by the Bank of Canada based
on Treasury Bills having a term of 91 days;
"Regulation" means any regulation made pursuant to the Act;
"Residential use" means lands, buildings or structures, occupied or capable of
being occupied as a home, residence or sleeping place by one or more persons,
containing one or more dwelling units, but not including motels, hotels, tents, truck
campers, tourist trailers, mobile camper trailers or boarding, lodging or rooming
houses;
"Retirement home or lodge" means a residential building or structure or the
residential portion of a mixed-use building or structure which provides
accommodation primarily for retired persons or couples where each private
bedroom or living accommodation has a separate private bathroom and separate
entrance from a common hall but where common facilities for the preparation and
consumption of food are provided, and common lounges, recreation rooms and
medical care facilities may also be provided;
"Row dwelling" means a building containing three or more attached dwelling units
| in a single row, each of which dwelling units has an independent entrance from the
outside and is vertically separated from any abutting dwelling unit;
"Semi-detached dwelling" means a dwelling unit in a residential building consisting
of two dwelling units having one vertical wall or one horizontal wall, but not other
parts, attached or another dwelling unit where the residential unit are not connected
by an interior corridor;
"Senior citizen's home" means any home for senior citizens sponsored and
administered by any public agency or any service club, church or other profit or
non-profit organization, either of which obtains its financing from Federal, Provincial
or municipal Governments or agencies, or by public subscription, donation or
residents payments, or by any combination thereof, and such homes shall include
auxiliary uses such as club, kitchen, dining and/or lounge facilities, usually
| associated with Senior Citizens development.
"Service" means a service designated in Section 2.1 and in Schedule "A" to this
By-law, and "services" shall have a corresponding meaning; |
"Servicing agreement" means an agreement between a landowner and the Town
relative to the provision of municipal services to specified land within the Town;
"Single detached dwelling unit" means a residential building consisting of one
dwelling unit and not attached to another structure;
"Town" means the Corporation of the Town of Arnprior; and the area within the
geographic limits of the Corporation of the Town of Arnprior.
2. DESIGNATION OF SERVICES
2.1. The designated of services for which Development Charges are imposed under
this By-law are as follows:
1. General Government;
2. Fire Services;
3. Water Services;
4. Sanitary Sewer Services;
5. Recreation Services;
6. Library Services;
7. Services Related to a Highway Services;
2.2 The components of the services designated in section 2.1 are described in
Schedule "A".
3. APPLICATION OF BY-LAW RULES
3.1. Development charges shall be payable in the amounts set out in this By-law where:
(a) the lands are located in the area described in section 3.2; and
(b) the development of the lands requires any of the approvals set out in
subsection 3.4(a).
Area to Which By-law Applies
Bs Subject to section 3.3, this By-law applies to all lands in the Town of Arnprior
whether or not the land or use thereof is exempt from taxation under s. 13 or the
Assessment Act.
3.3. Notwithstanding clause 3.2 above, this by-law shall not apply to lands that are
owned by and used for the purposes of:
(a) | the Town ora local board thereof;
(b) | aboard of education; or
(c) | The Corporation of the County of Renfrew or local board thereof.
Approvals for Development
3.4 Development charges shall be imposed on all lands, buildings or structures that |
are developed for residential or non-residential uses if the development requires:
a) the passing of a Zoning by-law or of an amendment to a Zoning by-
law under section 34 of the Planning Act;
b) the approval of a minor variance under section 45 of the Planning
Act; |
)) 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;
f) the approval of a description under section 50 of the Condominium
Act, R.S.O. 1990, Chap. C.26, as amended, or any successor
thereof; or
g) the issuing of a permit under the Building Code Act in relation to a
building or structure.
3.5 No more than one development charge for each service designated in subsection
2.1 shall be imposed upon any lands, buildings or structures to which this By-law
applies even though two or more of the actions described in subsection 3.4 are
required before the lands, buildings or structures can be developed.
3.6 Despite subsection 3.5, if two or more of the actions described in subsection
3.4occur at different times, additional development charges shall be imposed if the
subsequent action has the effect of increasing the need for services.
Exemptions |
3.7 Notwithstanding the provisions of this By-law, development charges shall not be
imposed with respect to: |
1. an enlargement to an existing dwelling unit;
ams one or two additional dwelling units in an existing single detached
dwelling; or
3. one additional dwelling unit in any other existing residential building;
3.8 Notwithstanding Section 3.7(2), Development Charges shall be imposed if the total
gross floor area of the additional one or two units exceeds the gross floor area of
the existing dwelling unit.
3.9 Notwithstanding section 3.7, development charges shall be imposed if the
additional unit has a gross floor area greater than:
1 In the case of a semi-detached, duplex or row dwelling, the gross
floor area of the existing dwelling unit; and
2 In the case of any other residential building, the gross floor area of
the smallest dwelling unit contained in the residential building.
Rules with Respect to an Industrial Expansion Exemption
3.10 Notwithstanding any other provision of this By-Law, no Development Charge is
payable with respect to an enlargement of the gross floor area of an existing
industrial or commercial building, where the gross floor area is enlarged by 50
percent or less.
3.11 If the gross floor area of an existing industrial or commercial building is enlarged
by greater than 50 percent, the amount of the Development Charge payable in
respect of the enlargement is the amount of the Development Charge that would
otherwise be payable multiplied by the fraction as determined as follows:
1. determine the amount by which the enlargement exceeds 50 percent of
the gross floor area before the enlargement;
2. divide the amount determined under Subsection (1) by the amount of
the enlargement.
3.12 For the purpose of Section 3.10 herein, "existing industrial building" is used as
defined in the Regulations made pursuant to the Act.
Other Exemptions:
3.13 Notwithstanding the provision of this by-law, development charges shall not be
imposed with respect to:
1, buildings used as hospitals as governed by the Public Hospitals Act;
2. Where a residential or non-residential building or structure is
destroyed or damaged by causes beyond the owner's control (e.g.
fire, tornado, etc.) such building or structure shall be exempted from
a development charge provided that the building or structure is
reconstructed or restored and that such reconstruction or restoration
is started within twenty-four (24) months of the date on which the
building or structure was destroyed or damaged. Where a non-
residential building or structure is reconstructed and the gross floor
area will exceed the gross floor area of the building or structure prior
to its destruction, the provisions of Section 3.8 shall apply to the
enlarged area only.
4. AMOUNT OF CHARGES
Residential
4.1. The Development Charges set out in Schedule "B" to this By-Law shall be
imposed on residential uses of lands, buildings or structures, including a dwelling
unit accessory to a non-residential use and, in the case of a mixed use building or
structure, on the residential uses in the mixed use building or structure, according
to the type of residential unit, and calculated with respect to each of the services
according to the type of residential use.
Non-Residential
4.2. The Development Charges set out in Schedule "B" to this By-Law shall be
imposed on non-residential uses of lands, buildings or structures, and, in the case
of a mixed use building or structure, on the non-residential uses in the mixed use
building or structure, and calculated with respect to each of the services according
to the total floor area of the non-residential use.
Reduction of Development Charges for Redevelopment
4.3. Despite any other provisions of this By-law, where, as a result of the redevelopment
of land, a building or structure existing on the same land within 60 months prior to
the date of payment of Development Charges in regard to such redevelopment |
was, or is to be demolished, in whole or in part, or converted from one principal
use to another principal use on the same land, in order to facilitate the
redevelopment, the Development Charges otherwise payable with respect to such
redevelopment shall be reduced by the following amounts:
1. In the case of a residential building or structure, or in the case of a mixed-use
building or structure, the residential uses in the mixed use building or structure,
an amount calculated by multiplying the applicable Development Charge under
Section 4.1 by the number, according to type of dwelling units that have been
or will be demolished or converted to another principal use; and
2. in the case of a non-residential building or structure, or in the case of a mixed-
use building or structure, the non-residential uses in the mixed-use building or
structure, an amount calculated by multiplying the applicable Development
Charges under Section 4.2, by the gross floor area that has been or will be
demolished or converted to another principal use;
provided that such amounts shall not exceed, in total, the amount of the
Development Charges otherwise payable with respect to the redevelopment.
4.4. If an owner or former owner has paid all or any portion of a charge related to
development pursuant to an agreement under Section 51 or 53 of the Planning
Act, 1990, or a predecessor thereof, with respect to land within the area to which
the By-Law applies, a credit for the amount of the charge already paid shall be
granted within the calculation of the Development Charge applied, provided a
receipt of prior payment has been produced by the owner.
Time of Payment of Development Charge
4.5. Development Charges imposed under this By-Law are calculated, payable, and
collected upon issuance of a building permit with respect to each dwelling unit,
building or structure.
Despite Section 4.5, Council from time to time, and at any time, may enter into
agreements providing for all or any part of a Development Charge to be paid before
or after it would otherwise be payable, in accordance with section 27 of the Act.
5. PAYMENT BY SERVICES
5.1. Despite the payment required under subsections 4.1 and 4.2, Council may, by
agreement, give a credit towards a Development Charge in exchange for or
services to which a Development Charge relates under this By-law.
6. INDEXING
6.1 Development Charges imposed shall be adjusted annually in accordance with the
Statistics Canada Quarterly, Construction Price Statistics for the most recent year
over year period, on July 1, 2018 and on the anniversary date of this By-law
thereafter, without amendment to this By-Law.
7. RESERVE FUNDS
7.1 Development Charges reserve funds for revenues received from development |
charges shall be established for two categories of services as provided in Schedule
ya
7.2. The Development Charges reserve funds shall be used to meet the net capital
costs for which the Development Charge was levied under this By-Law.
1.3: The Treasurer of the municipality shall maintain separate accounts under the
Development Charges reserve funds including interest earned thereof for each
service designated in Section 2.1 of this By-Law.
7.4. Income received from investments of the Development Charge reserve funds
shall be credited to the Development Charges reserve fund accounts for the
designated service in relation to which the investment income applies.
7.5. | The Treasurer is hereby directed to prepare an annual financial statement for the
Development Charges funds as prescribed under Section 12 of Ontario Regulation
82/98 and to submit the statement for Council's consideration and within 60 days
thereafter, to submit such statement to the Minister of Municipal Affairs and
Housing.
| 8. SCHEDULES
8.1. The following Schedules shall form part of this By-Law:
Schedule A - Categories of Services Designated in section 2.1 |
Schedule B -- Schedule of Development Charges
Schedule C -- Map of Benefitting Area for Staye Court Area Specific
Charges.
9. CONFLICTS
9.1. Where the Town and an owner or former owner have entered into an agreement
with respect to land within the area to which this By-Law applies, and a conflict
exists between the provisions of this By-Law and such agreement, the provisions
of the agreement shall prevail to the extent that there is a conflict.
9.2. Notwithstanding section 9.1, where a development which is the subject of an
agreement to which section 9.1 applies, is subsequently the subject of one or
more of the actions described in subsection 3.4, an additional Development
Charge in respect of the development permitted by the action shall be calculated,
payable and collected in accordance with the provisions of this By-Law if the
development has the effect of increasing the need for services, unless such
agreement provides otherwise.
10.SEVERABILITY
10.1. If, for any reason, any provision of this By-Law is held to be 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, re-enacted, amended or modified.
11.DATE BY-LAW IN FORCE
11.1. This By-Law shall come into effect on March 13, 2018.
12.DATE BY-LAW EXIRES
12.1. This By-Law will expire at 12:01 AM on March 12, 2023 unless it is repealed by
Council at an earlier date.
13.EXISTING BY-LAW REPEALED
13.1. By-law Numbers 6296-14 is hereby repealed as of the date and time of this By-law
coming into effect.
ENACTED and PASSED 12" day of March, 2018.
David Reid, Mayor Maureen Spratt, Cle
SCHEDULE "A" to By-law Number 6805-18
Designated Municipal Services Under This By-Law:
¢ Administration
o Studies
¢ Fire Services
o Facilities
o Vehicles
o Equipment
¢ Water Services
o Supply, Treatment, Storage
o Distribution and Pumping
¢ Wastewater Services
o Treatment
o Collection and Pumping
¢« Recreation Services
o Facilities
o Vehicles
o Equipment
o Parkland Development and Amenities
e Library Services
o Facilities
o Collection Materials
o Equipment
¢ Services Related to a Highway
o Roads, Sidewalks, Curbs, Streetlights, Traffic Lights
o Public Works Facilities
o Public Works Vehicles and Equipment
Schedule B
BY-LAW NO. 6805-18 DEVELOPMENT CHARGES
Servi ; . Apartments - :
Municipal Wide Services:
Services Related to a Highway 2.661 1,588 41,382 2.08 4.7%
Fire Protection Senices 177 104 92 83 0.14
Recreation Senices 282 166 147 2565 0.03
Library Services 303 178 487 23 0.03
Administration 833 483 33 722 0.56
Urban Services
W ater Services 45 2.861 2.389 3.938 2.03
Steye Court Area Spacific Charges
W ater Seniices §13 301 2B7 6 0.61
Tait wren Speco Serica Sef me] ef
GRAND TOTAL MUNICIPAL WIDE AREA 4.256 2,404 2.214 3.001
GRAND TOTALURBAN AREA 13,890 7,963 7,080 44,785 6.64
Schedule C
By-law No. 6805-18 Map of Staye Court Benefitting Area
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