This is the exact embedded text of the captured official document.
Snapshot a0010e3fd0c4 · verified 2026-10-19 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Page 1 of 26
BY-LAW 78-21
OF THE CORPORATION OF THE TOWN OF AYLMER
Being a By-Law to Establish Development Charges For the
Town of Aylmer
Whereas Section 2 of the Development Charges Act, 1997 (the "Act") provides
that the council of a municipality may pass By-laws for the imposition of
development charges against land to pay for increased capital costs required
because of increased needs for services arising from development;
And whereas a Development Charges Background Study has been completed
in accordance with the Act;
And whereas Council has before it a report entitled "Town of Aylmer
Development Charge Background Study" prepared by Watson & Associates
Economists Ltd. dated October 15, 2021;
And whereas the Council of the Corporation of the Town of Aylmer has given
notice of and held a public meeting on the 17th day of November 2021, in
accordance with the Act and the regulations thereto;
Now therefore the Council of the Corporation of the Town of Aylmer hereby
enacts as follows:
1. Definitions
In this by-law,
1. "Act" means the Development Charges Act, 1997, c.27, as amended;
2. "Administration service" means any and all development-related studies
carried out by the municipality which are with respect to eligible services
for which a development charge by-law may be imposed under the
Development Charges Act, 1997, as amended;
3. "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;
4. "Agricultural use" means a bona fide farming operation;
5. "Ancillary residential building" means a residential building or structure that
would be ancillary to a detached dwelling, semi-detached dwelling, or row
dwelling and includes an accessory dwelling;
6. "Apartment unit" means any residential unit within a building containing
three or more dwelling units where access to each residential unit is
obtained through a common entrance or entrances from the street level
and the residential units are connected by an interior corridor;
7. "Attached dwelling" means a dwelling in a residential building which
contains two or more dwelling units, which dwelling units have one or two
vertical walls, but no other parts, attached to other dwelling units;
8. "Back-to-back townhouse dwelling" means a building containing more than
two dwelling units separated vertically by a common wall, including a rear
common wall, that do not have rear yards;
9. "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;
10. "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;
11. "Board of Education" means a board defined in s.s. 1(1) of the Education
Act;
12. "Bona fide farm uses" means the proposed development will qualify as a
farm business operating with a valid Farm Business Registration Number
issued by the Ontario Ministry of Agriculture, Food and Rural Affairs and
be assessed in the Farmland Realty Tax Class by the Ontario Property
Assessment Corporation;
13. "Building Code Act" means the Building Code Act, 1992, S.0. 1992, c.23,
as amended;
14. "Cannabis" means:
a. Cannabis plant;
b. Any part of a cannabis plant, including the phytocannabinoids
produced by, or found in, such a plant regardless of whether that
part has been processed or not;
c. any substance or mixture of substances that contains or has on it
any part of such a plant; and
d. any substance that is identical to any phytocannabinoid produced
by, or found in, such a plant, regardless of how the substance was
obtained;
15. "Cannabis plant" means a plant that belongs to the genus Cannabis;
16. "Cannabis Production Facilities" means a building, or part thereof,
designed, used, or intended to be used for one or more of the following:
growing, production, processing, harvesting, testing, alteration,
destruction, storage, packaging, shipment, or distribution of cannabis
where a licence, permit or authorization has been issued under applicable
federal law and does include, but is not limited to such buildings as a
greenhouse and agricultural building associated with the use. It does not
include a building or part thereof solely designed, used, or intended to be
used for retail sales of cannabis;
17. "Capital cost" means costs incurred or proposed to be incurred by the
municipality or a local board thereof directly or by others on behalf of, and
as authorized by, the municipality or local board,
a. to acquire land or an interest in land, including a leasehold interest;
b. to improve land;
c. to acquire, lease, construct or improve buildings and structures;
d. to acquire, lease, construct or improve facilities including,
i.
rolling stock with an estimated useful life of seven years or
more,
ii.
furniture and equipment, other than computer equipment,
and
iii.
materials acquired for circulation, reference or information
purposes by a library board as defined in the Public Libraries
Act, R. 0. 1990, c. 57, and
e. to undertake studies in connection with any of the matters referred
to in clauses (a) to (d);
f.
to complete the development charge background study under
Section 10 of the Act;
g. interest on money borrowed to pay for costs in (a) to (d);
18. "Charitable dwelling" means a residential building, a part of a residential
building or the residential portion of a mixed-use building maintained and
operated by a corporation approved under the Charitable Institutions Act,
R.S.O. 1990, c. C.9, for persons requiring residential, specialized or group
care and charitable dwelling includes a children's residence under the
Child, Youth and Family Services Act, 2017, S.O. 2017, C. 14, Sched. 1, a
psychiatric facility under the Mental Health Act, R.S.O. 1990, c. M.7, long-
term care home under the Long-Term Care Homes Act, 2007, S.O. 2007,
c. 8, c. N.7, and a home for special care under the Homes for Special
Care Act, R.S.O. 1990, c, H.12;
19. "Class" means a grouping of services combined to create a single service
for the purposes of this by-law and as provided in section 7 of the
Development Charges Act;
20. "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;
21. "Condominium Act" means the Condominium Act, 1998, S.O. 1998, Chap.
c. 19;
22. "Corporation" means the Corporation of the Town of Aylmer;
23. "Council" means the Council of the Town of Aylmer;
24. "Developer'" means a person who undertakes development or
redevelopment;
25. "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;
26. "Development Charge" means a charge imposed pursuant to this By-law
with respect to growth related net capital cost;
27. "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;
28. "Exemption" means that no development charge is payable;
29. "Existing" means the number, use and size that existed as of the date this
by-law was passed;
30. "Farm building" means that part of a bona fide farming operation that is
located upon land which is assessed and used for farm purposes
encompassing barns, silos and other ancillary development to an
agricultural use, but excluding a residential use;
31. "Floor" does not include a storey;
32. "Floor above ground level" means any floor, the entire area of which is
located below the lowest level at which the land upon which the building or
structure stands abuts any land;
33. "Floor below ground level" means any floor the entire area of which is
located below the lowest level at which the land upon which the building or
structure stands abuts any land;
34. "Grade" means the average level of finished ground adjoining a building or
structure at all exterior walls;
35. "Group home" means a residential building or the residential portion of a
mixed-use building containing a single housekeeping unit, supervised on a
24 hour a day basis on site by agency staff on a shift rotation basis,
funded wholly or in part by any government and licensed, approved or
supervised by the Province of Ontario under a general or special Act and
amendments or replacements thereto, for the accommodation of not less
than 3 and not more than 8 residents, exclusive of staff;
36. "Growth-Related Net Capital Cost" means the portion of the net capital
cost of services that is reasonably attributable to the need for such net
capital cost that results or will result from new development in all or a
defined part of the Town of Aylmer;
37. "Gross floor area" means:
a. in the case of a residential building or structure, the total area of all
floors above grade of a dwelling unit measured 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
b. 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 area 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 and a residential use,
except for:
i.
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;
ii.
loading facilities above or below grade; and
iii.
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;
38. "Hospice" means a building or portion of a mixed-use building designed
and intended to provide palliative care and emotional support to the
terminally ill in a home or homelike setting so that quality of life is
maintained, and family members may be active participants in care;
39. "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 warehouse club;
40. "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;
41. "Institutional development" means development of a building or structure,
or portions thereof, intended for use;
a. as a long-term care home within the meaning of subsection 2 (1) of
the Long-Term Care Homes Act, 2007;
b. as a retirement home within the meaning of subsection 2 (1) of the
Retirement Homes Act, 2010;
c. by any of the following post-secondary institutions for the objects of
the institution:
i.
a university in Ontario that receives direct, regular, and
ongoing operating funding from the Government of Ontario,
ii.
a college or university federated or affiliated with a university
described in subclause (i), or
iii.
an Indigenous Institute prescribed for the purposes of
section 6 of the Indigenous Institutes Act, 2017;
d. as a memorial home, clubhouse, or athletic grounds by an Ontario
branch of the Royal Canadian Legion; or
e. as a hospice to provide end of life care.
42. "Live/work unit" means a unit which contains separate residential and non-
residential areas intended for both residential and non-residential uses
concurrently, and shares a common wall or floor with direct access
between the residential and non-residential areas;
43. "Lawfully existing" means a building:
a. that is not prohibited by a by-law passed under Section 34 of the
Planning Act, or a predecessor of that section; or
b. that is a legal non-conforming use; or
c. that is allowed by a minor variance authorized under Section 45 of
the Planning Act, or a predecessor of that section;
44. "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 municipality or any part or parts thereof;
45. "Local Services" means those services, facilities or things which are under
the jurisdiction of the Town of Aylmer 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;
46. "Lot" means a parcel of land capable of being conveyed lawfully without
any approval under the Planning Act or successor thereto which meets the
minimum lot area requirements under the Town's Zoning By-law;
47. "Mixed-use" means land or buildings used or designed or intended to be
used for a combination of non-residential development and residential
development;
48. "Multiple dwellings" means all dwellings other than single-detached, semi-
detached, and apartments;
49. "Municipality" means The Corporation of the Town of Aylmer;
50. "Net Capital Cost" means the capital cost less capital grants, subsidies
and other contributions made to the Town of Aylmer or that the Council of
the Town of Aylmer anticipates will be made, including conveyances or
payments under the Planning Act, in respect of the capital cost;
51. "Non-profit housing development" means development of a building or
structure intended for use as residential premises by:
a. a corporation without share capital to which the Corporations Act
applies, that is in good standing under that Act and whose primary
object is to provide housing;
b. a corporation without share capital to which the Canada Not-for-
Profit Corporations Act applies, that is in good standing under that
Act and whose primary object is to provide housing; or
c. a non-profit housing co-operative that is in good standing under the
Co-operative Corporations Act, or any successor legislation;
52. "Non-residential use" means a building or structure of any kind whatsoever
used, designed or intended to be used for other than a residential use;
53. "Other multiple" means all residential units other than a single detached
dwelling, semi-detached dwelling, or apartment dwelling including, but not
limited to, row dwellings, back-to-back townhouse dwelling, and the
residential component of live/work units;
54. "Official Plan" means the Official Plan plus amendments of the Town of
Aylmer;
55. "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;
56. "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;
57. "Planning Act" means the Planning Act, 1990, R.S.O. 1990, c.P.13, as
amended;
58. "Prescribed index" means the price index as prescribed in the Regulation;
59. "Rate" means the interest rate established weekly by the Bank of Canada
based on Treasury Bills having a term of 30 days;
60. "Redevelopment" means the construction, erection or placing of one or
more buildings on land where all or part of a building on such land has
been previously demolished, or changing the use of all or part of a building
from a residential purpose to a non-residential purpose or from a non-
residential purpose to a residential purpose, or changing all or part of a
building from one form of residential development to another form of
residential development or from one form of non-residential development
to another form of non-residential development;
61. "Regulation" means any regulation made pursuant to the Act;
62. "Rental housing" means development of a building or structure with four or
more dwelling units all of which are intended for use as rented residential
premises;
63. "Residential dwelling" means a building, 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;
64. "Residential development" means land, buildings or portions thereof used,
designed, or intended to be used as living accommodations for one or
more individuals, and shall include a single detached dwelling, a semi-
detached dwelling, a multiple dwelling, an apartment unit dwelling, an
ancillary residential building, and the residential portion of a mixed-use
building and "residential use" and "residential purpose" has the same
meaning;
65. "Residential use" means the use of a building or structure or portion
thereof for one or more dwelling units. This also includes a dwelling unit
on land that is used for an agricultural use;
66. "Retirement home or lodge" means a residential building or the portion of
a mixed-use building 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 do not include private culinary facilities and instead 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;
67. "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;
68. "School, private" means a private school defined under the Education Act
or any successor thereto, being "an institution at which instruction is
provided at any time between the hours of 9 a.m. and 4 p.m. on any
school day for five or more pupils who are of, or over compulsory school
age in any of the subjects of the elementary or secondary school courses
of study".
69. "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;
70. "Service" means a service designed in Schedule "A" to this By-law, and
"Services" shall have a corresponding meaning;
71. "Servicing Agreement means an agreement to provide municipal services
by the Town of Aylmer pursuant to the provisions of section 51 of the
Planning Act;
72. "Single Detached Dwelling" means a completely detached building
containing only one dwelling unit and not attached to another structure;
73. "Zoning By-Law" means the Zoning By-Law of the Town of Aylmer or any
successor thereof passed pursuant to Section 34 of the Planning Act, S.O.
1998.
2. Designation of Services and Classes of Services
2.1. The categories of services and classes of services for which
development charges are imposed under this By-law are as follows:
(a)
Services Related to a Highway;
(b)
Public Works;
(c)
Fire Protection Services;
(d)
Policing Services;
(e)
Parks and Recreation Services;
(f)
Library Services (Facilities);
(g)
Growth Studies;
(h)
Wastewater Services; and
(i)
Water Services.
2.2. The components of the services and classes of 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
3.2.
Subject to section 3.3, this By-law applies to all lands in the Town of
Aylmer whether or not the land or use thereof is exempt from taxation
under s. 3(1) 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 of Aylmer or a local board thereof;
(b) a board of education;
(c) the Corporation of the County of Elgin or a local board thereof; or
(d) land vested in or leased to a university that receives regular and ongoing
operating funds from the government for the purposes of post-secondary
education is exempt from development charges imposed under the Act,
if the development in respect of which development charges would
otherwise be payable is intended to be occupied and used by the
university.
Approvals for Development
3.4. Approvals for Development
(a) Development charges shall be imposed on all lands, buildings or
structures that are developed for residential or non-residential uses if
the development requires:
i. the passing of a zoning by-law or of an amendment to a zoning by-
law under section 34 of the Planning Act;
ii. the approval of a minor variance under section 45 of the Planning
Act;
iii. a conveyance of land to which a by-law passed under subsection
50(7) of the Planning Act applies;
iv. the approval of a plan of subdivision under section 51 of the
Planning Act;
v. a consent under section 53 of the Planning Act;
vi. 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
vii. the issuing of a permit under the Building Code Act in relation to a
building or structure.
(b) 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(a) are required before the lands, buildings or
structures can be developed.
(c) Despite subsection 3.4(b), if two or more of the actions described in
subsection 3.4(a) occur at different times, additional development
charges shall be imposed if the subsequent action has the effect of
increasing the need for services.
3.5. Exemptions
Rules with Respect to Exemptions for Intensification of Existing Housing or
New Housing
Notwithstanding the provisions of this By-law, development charges shall
not be imposed with respect to developments or portions of
developments as follows:
(a) the enlargement to an existing residential dwelling unit;
(b) the creation of one or two additional dwelling units in an existing
single detached dwelling, each of which contains a single dwelling
unit, that are not attached to other buildings, as long as the gross
floor area of the additional dwelling unit or units are less than or
equal to the gross floor area of the dwelling unit already in the
building;
(c) the creation of one additional dwelling unit in an existing semi-
detached dwelling or row dwelling, each of which contains a single
dwelling unit, that have one or two vertical walls, but no other parts,
attached to other buildings, as long as the gross floor area of the
additional dwelling unit is less than or equal to the gross floor area
of the dwelling unit already in the building;
(d) the creation of additional dwelling units equal to the greater of one
or 1% of the existing dwelling units in an existing residential rental
building containing four or more dwelling units;
(e) the creation of one additional dwelling unit in any other existing
residential building not identified in b) to d) above, as long as the
additional unit is less than or equal to the gross floor area of the
smallest dwelling unit already in the building;
(f)
the creation of a second dwelling unit in prescribed classes of
proposed new residential buildings, including structures ancillary to
dwellings, subject to the following restrictions:
3.5.1 Notwithstanding subsection 3.5(b), development charges shall be
imposed if the gross floor area of the additional one or two units
exceeds the gross floor area of the existing dwelling unit.
3.5.2 Notwithstanding subsection 3.5(d), development charges shall be
imposed if the additional unit has a gross floor area greater than:
a) in the case of a semi-detached or row dwelling, the gross floor
area of the existing dwelling unit; and
b) in the case of any other residential building, the gross floor area of
the smallest dwelling unit already contained in the residential
building.
3.6. Rules with Respect to an Industrial Expansion Exemption
If a development includes the enlargement of the gross floor area of an
existing industrial building, the amount of the development charges that is
payable in respect of the enlargement is determined in accordance with the
following:
(a) Subject to subsection 3.8 (c), if the gross floor area is enlarged by
50 per cent or less of the lesser of:
i. the gross floor area of the existing industrial building, or
ii. the gross floor area of the existing industrial building before the
first enlargement for which:
i.
an exemption from the payment of development charges was
granted, or
ii.
a lesser development charge than would otherwise be payable
under this by-law, or predecessor thereof, was paid,
pursuant to Section 4 of the Act and this subsection, the amount
of the development charge in respect of the enlargement is zero;
(b) Subject to subsection 3.8 (c), if the gross floor area is enlarged by
more than 50 per cent or less of the lesser of:
i. the gross floor area of the existing industrial building, or
ii. the gross floor area of the existing industrial building before the
first enlargement for which:
a) an exemption from the payment of development charges was
granted, or
b) a lesser development charge than would otherwise be payable
under this by-law, or predecessor thereof, was paid,
pursuant to Section 4 of the Act and this subsection, the
amount of the development charge in respect of the
enlargement is the amount of the development charge that
would otherwise be payable multiplied by the fraction
determined as follows:
i. determine the amount by which the enlargement exceeds 50
per cent of the gross floor area before the first enlargement,
and
ii. divide the amount determined under subsection (A) by the
amount of the enlargement.
c)
For the purposes of calculating the extent to which the gross
floor area of an existing industrial building is enlarged in
subsection 3.8 (b), the cumulative gross floor area of any
previous enlargements for which:
i. An exemption from the payment of development charges
was granted, or
ii. A lesser development charge than would otherwise be
payable under this by law, or predecessor thereof, was
paid,
pursuant to Section 4 of the Act and this subsection, shall
be added to the calculation of the gross floor area of the
proposed enlargement.
d)
For the purposes of this subsection, the enlargement must
not be attached to the existing industrial building by means
only of a tunnel, bridge, passageway, canopy, shared below
grade connection, such as a service tunnel, foundation,
footing or parking facility.
3.7. For the purpose of section 3.6, "existing industrial building" is used as
defined in the Regulation made pursuant to the Act.
Amount of Charges
Residential
3.8.
The development charges set out in Schedule B 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
3.9.
The development charges described 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 gross floor area of
the non-residential use.
3.9.1
Notwithstanding subsection 3.9 of this By-law, the following
percentages of each service for non-residential development,
as provided below, shall be imposed for the period of January
1, 2022 to December 31, 2026.
3.10. Reduction of Development Charges for Redevelopment
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 five years 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:
(a) 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 subsection 3.8 by the
number, according to type, of dwelling units that have been or will
be demolished or converted to another principal use; and
(b) in the case of a non-residential building or structure or, in the case
of 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 subsection
3.9 by the gross floor area that has been or will be demolished or
converted to another principal use;
Services Related to a Highway
50%
75%
100%
Public Works (Facilities, Fleet and Equipment)
50%
75%
100%
Fire Protection Services
50%
75%
100%
Policing Services
50%
75%
100%
Parks and Recreation Services
50%
75%
100%
Library Services
50%
75%
100%
Growth Studies
50%
75%
100%
Wastewater Services
50%
75%
100%
Water Services
50%
75%
100%
Service/Class of Service
January 1, 2022 to
December 31, 2022
January 1, 2023 to
December 31, 2023
January 1, 2024 to
December 31, 2026
provided that such amounts shall not exceed, in total, the amount of
the development charges otherwise payable with respect to the
redevelopment.
3.11. Demolition or Removal of Temporary Buildings
(a) Where a lawfully existing temporary building or structure is
demolished or removed in its entirety from the land on which it is
located within 2 years from the date of issuance of the building
permit for the construction, erection or placing of the building or
structure at such location, the owner of the building or structure
may submit a request to the Treasurer, for payment from the Town
Growth Reserve Funds of the amount paid at issuance of the
building permit toward all or part of the development charge
payable under this by-law.
(b) A request by an owner for a refund of a development charges
payment when approved shall be deemed to be a claim eligible for
payment as of the time the request was received by the Treasurer
for the purposes of this by-law.
Time of Calculation and Payment of Development Charges
3.12. Development charges imposed under this By-law are calculated,
payable, and collected upon issuance of the first building permit for the
development.
3.13. Notwithstanding subsection 3.12 development charges for rental
housing and institutional developments are due and payable in 6 equal
annual payments commencing with the first instalment payable on the
earlier of the date the first occupancy permit is granted or the date of
first occupancy, and each subsequent instalment, including interest
calculated in accordance with subsection 3.15 of this by-law,
continuing on the anniversary of that date.
3.14. Notwithstanding subsections 3.12 and 3.13 development charges for
non-profit housing developments are due and payable in 21 equal
annual payments commencing with the first instalment payable on the
earlier of the date the first occupancy permit is granted or the date of
first occupancy, and each subsequent instalment, including interest
calculated in accordance with subsection 3.15 of this by-law,
continuing on the anniversary of that date.
3.15. The annual interest rate to be imposed on developments proceeding
with instalment payments subject to subsections 3.13 and 3.14 of this
by-law, will be as provided in the Town's Interest Rate Policy.
3.16. Where the development of land results from the approval of a site plan
or zoning by-law amendment received on or after January 1, 2020, and
the approval of the application occurred within two years of building
permit issuance, the development charges under subsections 3.8 and
3.9 shall be calculated on the rates set out in Schedule "B" on the date
of the planning application, including interest as per subsection 3.17.
Where both planning applications apply, development charges under
subsections 3.8 and 3.9 shall be calculated on the rates, including
interest as provided in subsection 3.17, payable on the anniversary
date each year thereafter, set out in Schedule "B" on the date of the
later planning application, including interest.
3.17. The annual interest rate to be imposed on developments of land
resulting from the approval of a site plan or zoning by-law amendment
subject to subsection 3.16 of this by-law, will be as identified in the
Town's Interest Rate Policy.
3.18. Despite sections 3.12 to 3.17, 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.
4. Payment by Services
4.1. Despite the payment required under subsections 3.8 and 3.9, Council
may, by agreement, give a credit towards a development charge in
exchange for work that relates to a service to which a development
charge relates under this By-law.
5. Indexing
5.1. Development charges imposed pursuant to this By-law shall be adjusted
annually, without amendment to this By-law, beginning on January 1,
2022 and on each January 1 thereafter, in accordance with the
prescribed index in the Act.
6.
Schedules
6.1. The following schedules shall form part of this By-law:
Schedule A:
Components of Services and Classes of Services
Designated in Section 2.1
Schedule B:
Residential and Non-Residential Development Charges
7.
Conflicts
7.1. Where the Town of Aylmer 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.
7.2. Notwithstanding section 7.1, where a development which is the subject
of an agreement to which section 7.1 applies, is subsequently the
subject of one or more of the actions described in subsection 3.4(a), 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.
8.
Severability
8.1 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.
9.
Repeal of Current D.C. By-law
9.1 By-law 29-17 is repealed as of 11:59 PM on December 31, 2021.
10.
Date By-law in Force
10.1 This By-law comes into effect at 12:00 AM on January 1, 2022.
11.
Date By-law Expires
11.1 This By-law will expire at 11:59 PM on December 31, 2026, unless it is
repealed by Council at an earlier date.
READ A First, Second, and Third time this 15th day of December
2021.
MAYOR, Mary French
CLERK, Josh Brick
Authority: Council, Resolution 388-21
Staff Report Number: CAO 68-21
Staff Report Date: December 1, 2021
Public Hearing Date: November 17, 2021
Page 24 of 26
Schedule "A"
To By-law 78-21
Components of Services and Classes of Services Designated
in Subsection 2.1
Town-wide D.C.-Eligible Services:
Services Related to a Highway
Roads and Related Infrastructure
Fire Protection Services
Fire Facilities
Fire Vehicles
Small Equipment and Gear
Policing Services
Police Facilities
Police Vehicles
Small Equipment and Gear
Parks and Recreation Services
Parkland Development, Amenities, and Trails
Recreation Facilities
Recreation Vehicles and Equipment
Library Services
Library Facilities
Water Services
Storage and Distribution Systems
Wastewater Services
Treatment Plants and Sewers
Schedule "A"
To By-law 78-21
Components of Services and Classes of Services Designated
in Subsection 2.1
Town-wide D.C.-Eligible Classes of Services
Growth Studies:
Services Related to a Highway
Policing Services
Fire Protection Services
Library Services (Facilities)
Parks and Recreation Services
Public Works
Water Services
Wastewater Services
Public Works:
Services Related to a Highway
Water Services
Wastewater Services
Schedule "B"
To By-law 78-21
Schedule of Development Charges
NON-RESIDENTIAL
Single and Semi-
Detached Dwelling
Other Multiples
Apartments - 2
Bedrooms +
Apartments -
Bachelor and 1
Bedroom
(per sq.ft. of Gross
Floor Area)
Services Related to a Highway
2,871
2,515
1,762
1,129
1.60
Public Works (Facilities, Fleet and Equipment)
535
469
328
210
0.30
Fire Protection Services
1,352
1,185
830
532
0.75
Policing Services
710
622
436
279
0.39
Parks and Recreation Services
3,300
2,891
2,026
1,298
0.26
Library Services
245
215
150
96
0.02
Growth Studies
341
299
209
134
0.17
Wastewater Services
2,884
2,527
1,770
1,134
1.57
Water Services
2,298
2,013
1,411
904
1.25
Total
14,536
12,736
8,922
5,716
6.31
RESIDENTIAL
Service/Class of Service