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THE CORPORATION OF THE TOWNSHIP OF BECKWITH
BY-LAW NUMBER 2024-29
BEING A BY-LAW OF THE CORPORATION OF THE TOWNSHIP OF BECKWITH
WITH RESPECT TO DEVELOPMENT CHARGES RELATED FIRE PROTECTION
SERVICES
WHEREAS Section 2(1) of the Development Charges Act, S. 0. 1997, as amended,
(hereinafter called the Act) enables the council of a municipality to pass by-laws for the
imposition of development charges against land located in the municipality where the
development of the land would increase the need for municipal services as designated
in the by-law;
AND WHEREAS the Council of the Corporation of the Township of Beckwith has
undertaken and adopted the recommendations of a Study entitled "Development
Charges Study Township of Beckwith", dated April 5, 2024;
AND WHEREAS the Council of the Corporation of the Township of Beckwith has given
notice of, and held public meeting for the purpose of providing both information and
opportunity to the Public to understand the Development Charge Proposal;
AND WHEREAS the Council of the Corporation of the Township of Beckwith has
indicated its intentions to pass a By-law under the Development Charges Act, 1997 as
amended, and to impose development charges on land subject to development or
redevelopment within the geographical limits of the Township of Beckwith, as
hereinafter provided;
NOW THEREFORE the Council of the Corporation of the Township of Beckwith exacts
as follows;
Part 1
DEFINITIONS
1.
For the purpose of the By-law, the definitions and interpretations given in this
Section shall apply:
i.
"Act", the Act or Development Charges Act, 1997 shall have the same
meaning and shall mean the Development Charges Act, S. 0. 1997 as
amended, and all regulations made thereunder;
i .
"Accessory Use" means that the building or structure is naturally and
normally incidental to or subordinate in purpose or both, and exclusively
devoted to a principal use, building or structure;
iii.
"Ancillary Residential Use" means a Residential Dwelling that would be
ancillary to a Single Detached Dwelling, Semi-Detached Dwelling, or
Rowhouse;
iv.
"Affordable Residential Unit" means a Residential Unit that meets the
criteria set out in subsection 4.1 of the Act;
v.
"Agricultural Use" means use or intended use for bona fide farming
purposes:
a)
including (but not limited to):
i.
cultivation of crops, whether on open land or in
greenhouses, including (but not limited to) fruit, vegetables,
herbs, grains, field crops, sod, trees, shrubs, flowers, and
ornamental plants;
ii.
raising of animals, including (but not limited to) cattle,
horses, pigs, poultry, livestock, fish;
iii.
agricultural animal husbandry, dairying, equestrian activities,
horticulture, fallowing, pasturing, and market gardening; and
iv.
services related to the boarding or breeding of household
pets.
b)
but excluding:
i.
retail sales activities; including but not limited to restaurants,
banquet facilities, hospitality facilities and gift shops;
ii.
services related to grooming of household pets;
iii.
On-farm Diversified Uses; and
iv.
Cannabis Production Facilities.
vi.
"Apartment dwelling" means a dwelling consisting of four or more dwelling
units, which units have a common entrance from street level and common
halls and /or stairs, elevators, and yards;
vii.
"Attainable Residential Unit" means a residential unit that meets the
criteria set out in subsection 4.1 of the Act;
viii.
"Bedroom" means any room used or designed or intended for use as
sleeping quarters including but not limited to, a den, a study, a family
room, or other similar use;
ix.
"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 and excludes Cannabis Production Facilities;
x.
"Cannabis" means:
a)
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;
xi.
"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 license, 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;
xii.
"Capital Cost" shall mean costs incurred or proposed to be incurred by a
municipality or local board thereof directly or under an agreement,
a)
to acquire land or an interest in land;
b)
to improve land;
c)
to acquire, construct or improve building and structures;
d)
to acquire, construct or improve facilities including:
i.
rolling stock with estimated useful life of seven years or
more, furniture and equipment other than computer
equipment; and
ii.
material acquired for circulation, reference or information
purposes by a library board as defined in The Public
Libraries Act, R. S. 0. 1990, as amended; and
e)
interest on borrowing for those expenditures under clauses a), b),
c) and d) that are growth related.
xiii.
"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, boarding, lodging and rooming houses, and Cannabis
Production Facilities;
xiv.
"Converted Dwelling" shall mean a building originally designed as a single
detached dwelling which has been altered or converted so as to provide
therein not more than four dwelling units, with or without separate
entrances, none of which shall be located in the cellar of the dwelling but
which may be located partially in the basement;
xv.
"Council" means the Council of the Township;
xvi.
"Derelict Building" means a building or structure that is vacant, neglected,
poorly maintained and unsuitable for occupancy;
xvii.
"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;
xviii.
"Development Charge" shall mean a charge imposed, with respect to
growth-related net capital costs, against land in accordance with Part 3 of
this By- law.
xix.
"Development Charge By-law" shall mean a by-law passed under Section
2 of the Development Charges Act, S.O. 1997, as amended.
xx.
"Dwelling Unit" shall mean one or more habitable rooms designed or
intended to be used as a domestic establishment and in which separate
kitchen and sanitary facilities are provided for the exclusive use of the
occupants with a private entrance from outside the building or from a
common hallway or stairway inside the building.
xxi.
"Grade" shall mean the average level of finished ground adjoining the
dwelling unit at all exterior walls.
xxii.
"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.
xxiii.
"Growth-related Net Capital Cost" shall mean 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 development in the Township.
xxiv.
"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 or self-
storage facilities;
xxv.
"Institutional" means development of a building or structure intended for
use:
a)
as a long-term care home within the meaning of subsection 2(1) of
the Fixing Long-Term Care Homes Act, 2021;
b)
as a retirement home within the meaning of subsection 2(1) of the
Retirement Homes Act, 201 O;
c)
by any institution of the following post-secondary institutions for the
objects of the institution:
i.
a university in Ontario that receives direct, regular, and
ongoing operation 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 Institute 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.
xxvi.
"Mixed Use Development" means a building that is used and/or
designated to be used for both residential and non-residential purposes;
xxvii.
"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
objective is to provide housing;
b)
a corporation without share capital to which the Canada Not-for-
profit Corporation Act applies, that is in good standing under that
Act and whose primary objective is to provide housing; or
c)
a non-profit housing co-operative that is in good standing under the
Co-operative Corporations Act.
xxviii. "Non-residential use" means land, buildings, or structures or portions
thereof used, or designed or intended for a use other than a residential
use;
xxix.
"Owner" shall mean the owner of land or a person who has made
application for an approval for development of land upon which a
development charge is imposed.
xxx.
"place of worship" means that part of a building or structure used for
worship and that is exempt from taxation as a place of worship under the
Assessment Act, R.S.O. 1990, c. A.31, as amended;
xxxi.
"Prescribed" shall mean prescribed by regulations made under the
Development Charges Act, S.O. 1997, as amended.
xxxii.
"Rental housing" for the purposes of Section 16, means development of a
building or structure with four or more dwelling units all of which are
intended for use as rented residential premises;
xxxiii. "Residential use" means land or buildings or structures or part thereof of
any kind whatsoever used, designed or intended to be used as a
residence for one or more individuals but does not include a hotel or
motel;
xxxiv. "Row Dwelling" shall mean a residential building that is divided vertically
into three or more dwelling units.
xxxv. "Semi-Detached Dwelling" shall mean a residential building that is divided
vertically into two dwelling units;
xxxvi. "Service" shall mean services designated in this by-law or any agreements
made under The Development Charges Act S.O. 1997, as amended, as
applicable.
xxxvii. "Single Detached Dwelling" shall mean a residential building consisting of
one dwelling unit and not attached to another dwelling unit above grade;
xxxviii."Township" means the area within the geographic limits of the Township of
Beckwith;
xxxix. "Zoning By-Law" means the Zoning By-Law of the Township, or any
successor thereof passed pursuant to Section 34 of the Planning Act, S. 0.
1998.
PART2
APPLICATION
Designated Areas
2.
The designated area within which development charges are imposed by this By-
law are all lands and associated buildings and structures within the geographic
territorial limits of the Township.
Designated Township Services
3.
The designated municipal services for which Development Charges are imposed
are those services identified in Schedule A to this By-law.
Designated Uses
4.
The Development Charges established by this by-law shall apply to all residential
and non-residential development within the Township where the development of
the land would increase the need for services and the development requires:
a)
the passing of a zoning by-law or of an amendment thereto under
section 34 of the Planning Act, R.S.0. 1990, as amended; or
b)
the approval of a minor variance under section 45 of the Planning
Act, R.S.O. 1990, as amended; or
c)
a conveyance of land to which a by-law passed under section 50(7)
of the Planning Act, R.S.O. 1990, as amended, applies; or
d)
the approval of a plan of subdivision under section 51 of the
Planning Act, R.S.O. 1990, as amended; or
e)
a consent under section 53 of the Planning Act, R. S. 0. 1990, as
amended; or
f)
the approval of a description under section 9 of the Condominium
Act, R. S. 0. 1998, as amended; or
g)
the issuing of a permit under the Building Code Act, R.S.O. 1992,
as amended in relation to a building or structure.
5.
This By-law shall not apply to land, buildings or structures that are owned by and
used for the purpose of:
a)
The Township or any board thereof;
b)
The County of Lanark or any local area municipality thereof and
any boards thereof;
c)
a board as defined in subsection (a) of the Education Act; R. S. 0.
1990, c. E.2; and
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 if the development in respect of which
development charges would otherwise be payable is intended to be
occupied and used by the university.
6.
Only development or redevelopment for the purpose of creating a new residential
dwelling or dwellings and new non-residential Gross Floor Area shall be subject
to the provision of this By-law.
7.
Where two or more actions referred to by Section 4(a) - (g) of this By-law are
required before land, to which the development charge applies, can be
developed, only one development charge shall be calculated and collected in
accordance with the provisions of this By-law.
8.
No development charge may be imposed with respect to:
a)
local services installed at the expense of the owner within a plan of
subdivision as a condition of approval under Section 51 of the
Planning Act, R. S.O. 1990, as amended;
b)
local services installed at the expense of the owner as a condition
of approval under Section 50 of the Planning Act, R. S. 0. 1990, as
amended; or
c)
local connections to watermains, sanitary sewers and storm
drainage facilities installed at the expense of the owner including
amounts imposed under a By-law passed under Section 391 of the
Municipal Act, R. S. 0. 2001.
9.
If an owner or a former owner has before the coming into force of this By-law,
paid all or any portion of a charge related to development pursuant to an
agreement under Section 50, or 51 of the Planning Act, 1990, or a predecessor
thereof with respect to land within the area to which this By-law applies, a credit
for the amount of the charge already paid shall be granted within the calculation
of the development charge applied under this By-law.
10.
If an owner or former owner has before the coming into force of this By-law
entered into an agreement subject to Section 50, or 51 of the Planning Act, 1990,
or a predecessor thereof, which includes provisions for payment for the
development charge related to development but said charge has not been paid,
the provisions of the said agreement shall prevail to the extent of any conflict with
this By-law.
11.
Development charges as set out in Part 3 of this by-law shall apply to residential
and non-residential development but only insofar as:
a)
the growth-related net capital costs are attributable to that use; and
b)
the growth-related net capital cost of each service is attributable to
the service or standard of service being provided at the time the
development charges are being calculated.
PART 3
DEVELOPMENT CHARGES
Calculation of Development Charges
12.
The development charges imposed pursuant to this By-law with respect to the
designated use of any land, building or structure shall be calculated in relation to:
a)
in the case of residential development, including a dwelling unit
accessory to a non-residential use or the residential portion of a
mixed-use development, based upon the number and type of
dwelling units; or
b)
in the case of non-residential development, or the non-residential
portion of a mixed-use development, based upon the total floor
area of such development.
13.
Development charges as described in Schedule B, shall be imposed upon
residential uses of lands, buildings or structures, including a residential dwelling
unit accessory to a non-residential use, and in the case of a mixed-use building
or structure upon the residential component of the mixed-use building or
structure.
14.
Development charges, as described in Schedule B, shall be imposed upon non-
residential uses of lands, buildings or structures, and in the case of a mixed-use
building, upon the non-residential uses of the mixed-use building or structure:
Exemptions and Discounts
15.
A Development Charge By-law shall not impose a development charge with
respect to:
a)
an enlargement to an existing dwelling unit;
b)
A second residential unit in an existing detached house, semi-
detached house, or rowhouse on a parcel of land on which
residential use, other than ancillary residential use, is permitted, if
all buildings and structures ancillary to the existing detached house,
semi-detached house or rowhouse cumulatively contain no more
than one residential unit;
c)
A third residential unit in an existing detached house, semi-
detached house, or rowhouse on a parcel of land on which
residential use, other than ancillary residential use, is permitted, if
no building or structure ancillary to the existing detached house,
semi-detached house or rowhouse contains any residential units;
d)
One residential unit in a building or structure ancillary to an existing
detached house, semi-detached house or rowhouse on a parcel of
land, if the existing detached house, semi-detached house or
rowhouse contains no more than two residential units and no other
building or structure ancillary to the existing detached house, semi-
detached house or rowhouse contains any residential units;
e)
A second residential unit in a new detached house, semi-detached
house or rowhouse on a parcel of land on which residential use,
other than ancillary residential use, is permitted, if all buildings and
structures ancillary to the new detached house, semi-detached
house or rowhouse cumulatively will contain no more than one
residential unit;
f)
A third residential unit in a new detached house, semi-detached
house or rowhouse on a parcel of land on which residential use,
other than ancillary residential use, is permitted, if no building or
structure ancillary to the new detached house, semi-detached
house or rowhouse contains any residential units;
g)
One residential unit in a building or structure ancillary to a new
detached house, semi-detached house or rowhouse on a parcel of
land, if the new detached house, semi-detached house or
rowhouse contains no more than two residential units and no other
building or structure ancillary to the new detached house, semi-
detached house or rowhouse contains any residential units; or
h)
In an existing rental residential Building, which contains four or
more residential Dwelling Units, the creation of the greater of one
residential Dwelling Unit or one percent of the existing residential
Dwelling Units/
i)
Notwithstanding subsection 15(b), development charges shall be
imposed in accordance with section 13 if the total floor area of the
additional one or two dwelling units in the single detached dwelling
exceeds the total floor area of the dwelling unit already in the
building;
j)
Notwithstanding subsection 15(d), development charges shall be
imposed in accordance with subsection 13 if the additional dwelling
unit has a total floor area greater than:
i.
in the case of a semi-detached or row dwelling, the total floor
area of the dwelling unit already in the building; and
ii.
in the case of any other residential building, the total floor
area of the smallest dwelling unit already in the building.
16.
The Development Charge payable for Rental Housing developments will be
reduced based on the number of bedrooms in each unit as follows:
a)
Three or more bedrooms -- 25% reduction;
b)
Two bedrooms -- 20% reduction; and
c)
All other bedroom quantities -- 15% reduction.
17.
Once proclaimed, the following shall be fully exempt from payment of the
Development Charges:
a)
Affordable residential units;
b)
Attainable residential units;
c)
Affordable residential units contained within an inclusionary zoning
by-law; and
d)
Non-Profit housing.
18.
Notwithstanding the provision of this by-law, development charges shall not be
imposed with respect to:
a)
Place of Worship; and
b)
Agricultural use for bona fide farming purposes.
19.
That if development includes the enlargement of the total floor area of an existing
industrial building, the amount of the development charges that is payable is the
following:
a)
if the total floor area is enlarged by fifty percent (50%) or less, the
amount of the development charges in respect of the enlargement
is zero; or
b)
if the total floor area is enlarged by more than fifty percent (50%),
development charges are payable on the amount by which the
enlargement exceeds fifty percent (50%) of the total floor area
before the enlargement.
Redevelopment Credits
20.
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 48
months prior to the date of payment of development charges in regard to such
redevelopment, other than a derelict building, 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 13 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 section 14,
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.
PART4
ADMINISTRATION
Timing and Calculation of Payment
21.
A development charge shall be calculated and payable in full in money or by
provision of services as may be agreed upon by credit granted by the Act, on the
date that a Building Permit is issued in relation to a building or structure on land
to which a development charge applies.
22.
Where a development charge applies to land in relation to which a completed
building permit has been submitted, the building permit shall not be issued until
the development charge has been paid in full.
23.
Notwithstanding section 21, development charges for rental housing and
institutional developments are due and payable in 6 installments commencing
with the first installment payable on the date of occupancy, and each subsequent
installment, including interest, payable on the anniversary date each year
thereafter.
24.
Where the development of land results from the approval of a Site Plan or Zoning
By-law Amendment made on or after January 1, 2020 and the approval of the
application occurred within the period of building permit issuance as specific in
section 26.2(5) of the Act, the development charges under subsections 21 and
23 shall be calculated based on the rates set out in Schedule B on the date the
planning application was made, including interest as prescribed in the
Development Charges Act, as amended from time to time. Where both planning
applications apply development charges under subsections 21, and 23 shall be
calculated on the rates set out in Schedule B, including interest as prescribed in
the Development Charges Act, as amended from time to time, on the date of the
latter planning application.
25.
Despite sections 21 to 24 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.
Reserve Funds
26.
Monies received from payment of development charges shall be maintained in a
separate Reserve Fund and shall be used only to meet the growth-related net
capital costs for which the development charge provided for under this By-law, is
levied.
27.
Income received from investment of the development charge Reserve Funds
shall be credited on a pro rata basis to the above-mentioned development charge
accounts in relation to which the investment income applies.
Unpaid Development Charges
28.
Where any development charge, or part thereof, remains unpaid after the due
date, the amount unpaid shall be added to the tax roll and shall be collected as
taxes.
29.
Where any unpaid development charges are collected as taxes under Section 28
the monies so collected shall be credited to the development charge Reserve
Fund referred to in Section 26.
Indexing of Development Charges
30.
Indexing of the development charges shall be implemented on an annual basis
on June 1st, in accordance with the Statistics Canada Quarterly, Construction
Price Statistics for the most recent year over year period.
31.
This By-law shall be administered by the Treasurer of the Township.
32.
Notwithstanding any other provision of this By-law, where a completed building
application has been lodged with the Township prior to the date of enactment of
this By-law, the development charge in effect prior to the date of enactment of
this By-law shall apply.
Schedule
33.
The following schedules to this By-law form an integral part of this By-law:
Schedule A-
Schedule B-
Designated Municipal Services Under this By-law
Schedule of Development Charges for Fire Protection
Services
Effective Date
34.
This By-law shall come into force and effect on the date of it passing.
Date By-law Expires
35.
This By-law shall continue in force and effect for a term not exceeding 10 years
from the date of passing, unless it is repealed at an earlier date by subsequent
By-law.
Severability
36.
It is the declared intention of the Council of the Township that any section or part
thereof or any Schedule or part thereof which may be held to be void or
ineffective shall not be deemed to affect the validity of any other section or
Schedule to this By-law.
Short Title
37.
This By-law may be cited as the Development Charges By-law for Fire Protection
Services for the Township of Beckwith.
Repeal of Previous By-laws
38.
By-law No. 2019-27 is hereby repealed in its entirety.
BY-LAW READ a first and a second time this 4" day of June, 2024.
BY-LAW READ a third time, signed, sealed and passed in open council this 4" day
ofJune,2024.
Cassandra McGregor, CAO/Clerk
4/8
Richard Kidd, Reeve
SCHEDULE "A" TO BY-LAW
DESIGNATED MUNICIPAL SERVICES UNDER THIS BY-LAW
Township-Wide Services
1. Fire Protection Services
SCHEDULE "B" TO BY-LAW
SCHEDULE OF DEVELOPMENT CHARGES FOR FIRE PROTECTION SERVICES
RESIDENTIAL
NON-RESIDENTIAL
--
- -
- -
Service
Single and Semi-
Apartments -2
Apartments -
(per sq.ft. of Gross
Detached Dwelling
Other Multiples
Bedrooms+
Bachelor and 1
Floor Area)
Bedroom
Township Wide Services:
Fire Protection Serices
241
166
126
90
0.13
Total - Full Calculated Rate
$241
$166
$126
$90
$0.13
Total June 4, 2024 - June 3, 2025
193
133
,-,
101
72
0.05
Total June 4, 2025 - June 3, 2026
205
-
141 --
107
77
0.05
Total June 4, 2026 - June 3, 2027
217
"ၑ
149
ij
113
81
0.06
Total June 4, 2027 - June 3, 2028
229
158
120
86
0.06
Total June 4, 2028 - June 3, 2034
-
241
166
a5
126
90
0.07