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Office Consolidation - Development Charges By-law 111-2024 (Development Related
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THE CORPORATION OF THE CITY OF BRAMPTON
Office Consolidation
Development Charges By-law 111-2024
To establish development charges for the City of Brampton pertaining to
DEVELOPMENT-RELATED STUDIES
(Amended by By-law 184-2024)
WHEREAS subsection 2(1) of the Development Charges Act, 1997 (the "Act")
provides that the Council of a municipality may by by-law impose development
charges against land to pay for increased capital costs required because of
increased needs for services arising from development of the area to which the by-
law applies;
AND WHEREAS the City has completed and has considered a development
charges background study entitled, "City of Brampton, 2024 Development Charge
Background Study", dated April 19, 2024 (the "Study"), in accordance with section
10 of the Act;
AND WHEREAS the Study was made available to the public, and Council gave
notice to the public of a public meeting, pursuant to sections 10 and 12 of the Act,
which was held on May 29, 2024, and at which the Study was again provided to
the public, along with the proposed development charge by-laws, and Council
heard representations from all persons who applied to be heard (the "Public
Meeting");
AND WHEREAS by Resolution adopted by Council on July 10, 2024, Council
approved the Study, by the matters identified in the staff report dated July 10, 2024;
AND WHEREAS by Resolution adopted by Council on July 10, 2024, Council
indicated that it intends to ensure that the increase in the need for services
attributable to the anticipated development identified in the Study will be met;
AND WHEREAS by Resolution adopted by Council on July 10, Council indicated
its intent that excess capacity identified in the Study shall be paid for by
development charges or other similar charges;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
BRAMPTON ENACTS AS FOLLOWS:
Definitions
1. In this by-law,
"accessory" means, where used to describe a use, building or structure, that the use,
building or structure is naturally and normally incidental to and exclusively devoted to
a principal use, building or structure;
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"Act" means the Development Charges Act, 1997, S.O. 1997, c. 27, as amended, or
any successor thereto;
"agricultural use" means a bona fide farming operation, including sod farms, the
breeding and boarding of horses, and greenhouses, but shall not include building or
structures for use in the growing, processing, production and sale of Cannabis or a
controlled substance under the Controlled Substances Act;
"air-supported structure" means an air-supported structure as defined in the Building
Code Act;
"Assessment Act" means the Assessment Act, R.S.O. 1990, c. A.31, as amended, or
any successor thereto;
"back-to-back townhouse dwelling" means a building containing four or more dwelling
units separated vertically by a common wall, including a rear common wall each with
an independent entrance, that does not have a rear yard;
"board of education" has the same meaning as "board" under the Education Act,
R.S.O. 1990, c. E.2, as amended, or any successor thereto;
"building or structure" means a building or structure occupying an area greater than
10 square metres consisting of a wall, roof, and floor or any of them or a structural
system serving the function thereof, and includes an air-supported structure,
mezzanine, and an exterior storage tank, but does not include: a farm building, or a
canopy, or an exterior storage tank where such exterior storage tank constitutes an
accessory use;
"Building Code Act" means the Building Code Act, S.O. 1992, c.23, as amended, or
any successor thereto, and all Regulations thereto including the Ontario Building
Code, 2006, as amended;
"canopy" means roof-like structures, shade structures and gazebos provided they are
freestanding and do not include any indoor space, as well as a canopy as defined in
the Building Code Act;
"Cannabis" means cannabis as defined in the Cannabis Act, SC 2018 c.16, as
amended, or any successor thereto;
"capital cost" means a capital cost as defined in the Act; "City" means The Corporation
of the City of Brampton;
"college" has the same meaning as college as defined in the Education Act, R.S.O.
1990, ch. E.2, as amended, or any successor thereto;
"Controlled Substances Act" means the Controlled Substances Act, S.C. 1996 c.19,
as amended, or any successor thereto;
"Council" means the Council of the Corporation of the City of Brampton;
"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 has the effect of increasing the total floor area, and includes redevelopment;
"development charge" means a charge imposed pursuant to this bylaw;
"distribution centre" means a building or structure primarily used for the storage and
distribution of goods, wares, merchandise, substances, articles or things;
"double duplex" means a separate building that consists of two duplexes attached to
each other;
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"duplex" means a separate building that is divided horizontally into two separate
dwelling units, each of which has a separate entrance either directly or through a
common vestibule;
"dwelling unit" means one or more habitable rooms designed or intended to be
occupied as living quarters as a self-contained unit and shall contain sanitary facilities,
accommodation for sleeping and one kitchen;
"farm building" means a farm building as defined in the Building Code Act;
"floor" means the lower surface or an area in a building or structure regardless of its
composition;
"grade" means the average level of proposed or finished ground adjoining a building
or structure at all exterior walls;
"gross floor area" means gross floor area as defined in O. Reg. 82/98;
"industrial use" means land, buildings or structures used or designed or intended for
use for or in connection with: manufacturing, producing, processing, warehousing or
bulk storage of goods; a distribution centre or truck terminal; research or development
in connection with manufacturing, producing, processing or storage of goods; office
uses and the sale of commodities to the general public where such uses are accessory
to an industrial use; and the growing, processing and production of Cannabis or a
controlled substance under the Controlled Substance Act, but does not include: a
building used exclusively for office or administrative purposes unless it is attached to
an industrial building or structure as defined above; and a retail warehouse.;
"land" includes buildings or structures;
"large apartment dwelling unit" means, for the purposes of the Schedules attached:
i.
a dwelling unit in a building containing six or more dwelling units which have
a common entrance from the street level, and the occupants of which have
the right to use common elements;
ii.
a dwelling unit in a duplex, triplex, or double duplex;
iii.
a dwelling unit in a mixed used building;
iv.
a dwelling unit having a floor area of more than 750 square feet; and;
v.
a unit in a stacked townhouse dwelling having a floor area of more than 750
square feet.
"live-work" means a unit defined as a single unit consisting of both a residential
dwelling unit and a non-residential use component, sharing a common wall with direct
access between the residential and non-residential areas;
"local board" means a local board as defined in the Municipal Act, 2001, S.O. 2001, c.
25, as amended, or any successor thereto;
"mezzanine" means a mezzanine as defined the Building Code Act;
"mixed use" means a use or intended use of the same land, building or structure for
any two or more uses defined in this by-law;
"multiple dwelling" means all dwellings other than single detached dwellings, semi-
detached dwellings, large apartment dwellings and small apartment dwellings;
"non-industrial/non-office use" means the use of land, buildings or structures or parts
thereof, used, designed or intended to be used for any use other than for residential
use, industrial use, or office use, and a non-industrial/non-office use includes retail,
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service, hospitality, motor vehicle service, entertainment and recreational uses and
commercial parking lot uses;
"non-residential use" means the use of land, buildings or structures or portions thereof
used, designed or intended to be used for any use other than for residential use;
"office use" means the use of land, buildings or structures used primarily for, or
designed or intended for use primarily for or in connection with conducting the affairs
of businesses, professions, services, industries, governments, or like activities, and
where the chief product of labour within that use is the processing and/or storage of
information rather than the production and distribution of a good or service;
"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 a place or building or part thereof including accessory
buildings or structures that are used for the regular assembly of persons for the
practice of religious worship, services or rites. It may include accessory uses such as
classrooms for religious instruction, including programs of community social benefit,
assembly areas, kitchens, offices of the administration of the place of worship, and a
small scale day nursery, but shall not include a cemetery;
"planned seniors retirement community" means a housing project consisting of
ground-related dwelling units in single detached dwellings, semi-detached
dwellings, or multiple dwellings and other amenities, all of which are designed,
marketed, developed, and constructed to provide living accommodation for and to
meet the needs of senior citizens or older or retired persons on land designated by
a resolution of the City Council as a planned seniors retirement community;
"Planning Act" means the Planning Act, R.S.O. 1990, c. P. 13, as amended, or any
successor thereto;
"protracted" means in relation to a temporary building or structure, the continuation
of its construction, erection, placement on land, alteration or of an addition to it for
a continuous period exceeding eight months;
"public hospital" means a hospital as defined in the Public Hospitals Act, R.S.O.
1990, ch. P.40;
"redevelopment" means the construction, erection or placing of one or more
buildings or structures on land where all or part of a building or structure has
previously been demolished on such land, or changing the use of a building or
structure for any of the following:
from residential to non-residential,
from non-residential to residential,
from industrial to non-industrial/non-office and,
from office to non-industrial/non-office;
"Region" means The Regional Municipality of Peel; "Regulation" means Ontario
Reg.82/98, under the Act;
"rental housing development" means development of a building or structure with four
or more dwelling units all of which are intended for use as rented residential
premises;
"residential use" means land, buildings or structures or portions thereof used,
designed, or intended to be used as living accommodation within a dwelling unit, for
one or more individuals;
"row house" means a building that is vertically divided into a minimum of three
dwelling units, each of which has independent entrances at grade to the front and
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the rear of the building, and each of which shares a common wall adjoining dwelling
units above grade;
"second unit" means an accessory dwelling unit located within a detached dwelling,
semi-detached dwelling, street townhouse or back-to-back townhouse;
"semi-detached dwelling" means a building divided vertically, into two separate
dwelling units, with at least 50 per cent of the above-grade area of a main wall on
one side of each dwelling unit attached to or the same as a main wall on one side
of the other dwelling unit;
"services" means services designated in this by-law or in an agreement under
section 44 of the Act, or both;
"shelf and rack storage system" means a shelf and rack storage system as defined
in the Building Code Act;
"single detached dwelling" means a completely detached residential building
containing only one dwelling unit;
"small apartment dwelling unit", notwithstanding the definition of a "large apartment",
means any residential unit having a floor area equal to or less than 750 square feet;
"speculative building" means any building or structure where the ultimate use or
occupancy could not be determined to the satisfaction of the City at the time that a
development charge became due and payable;
"stacked townhouse dwelling" means a building that contains four or more dwelling
units where each dwelling unit is separated horizontally or vertically from another
dwelling unit by a common wall, each with an entrance that is independent or
through a shared landing and/or external stairwell, and that has been developed on
a block approved for development at a minimum density of sixty (60) units per
hectare pursuant to plans and drawings approved under section 41 of the Planning
Act;
"street townhouse dwelling" means one of more than two attached dwellings units,
not exceeding three storeys in height that are divided vertically above grade by a
party wall;
"temporary building or structure" means a building or structure constructed or
erected or placed on land for a continuous period not exceeding eight months, or an
addition or alteration to a building or structure that has the effect of increasing the
total floor area thereof for a continuous period not exceeding eight months;
"total floor area" means the sum total of the total areas of the floors in a building or
structure, whether at, above, or below-grade, measured between the exterior faces
of the exterior walls of the building or structure or from the centre line of a common
wall separating two uses, or from the outside edge of a floor where the outside edge
of the floor does not meet an exterior or common wall, and:
(a) includes the floor area of a mezzanine and air-supported structure and the
space occupied by interior walls and partitions; and
(b) excludes any parts of the building or structure used for mechanical
equipment related to the operation or maintenance of the building or
structure, stairwells, elevators and washrooms; and
(c) excludes any part of a building or structure above or below grade, used
exclusively for the temporary parking of a motor vehicle or used for the
provision of loading spaces; and
(d) includes any part of a building or structure above or below grade used as a
commercial parking garage; and
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(e) where a building or structure does not have any walls, the total floor area
shall be the sum total of the area of land directly beneath the roof of the
building and the total areas of the floors in the building or structure; and
(f)
excludes the area of any self-contained structural shelf and rack storage
system as defined in the Building Code Act;
"triplex" means a building or structure that is divided horizontally into three separate
dwelling units, each of which has a separate entrance through a common vestibule;
"truck terminal" means a building, structure or place where, for the purpose of a
common carrier, trucks or transports are rented, leased, kept for hire, or stored, or
parked for remuneration or from which trucks or transports are dispatched.
"university" has the same meaning as university under the Education Act;
"use" means the use of land, a building or a structure.
Rules
2.
For the purpose of complying with section 6 of the Act:
(a) the area to which this by-law applies shall be the area described in section
3 of this by-law;
(b) the rules developed under paragraph 9 of subsection 5(1) of the Act for
determining if a development charge is payable in any particular case and
for determining the amount of the charge are set forth in sections 4 through
17 inclusive;
(c) the exemptions provided for by such rules shall be the exemptions set forth
in sections 18 through 22 inclusive, of this by-law, the indexing of charges
shall be in accordance with section 15 of this by-law, and there shall be no
phasing in as provided in subsection 16(1) of this by-law; and
(d) the calculation of development charges payable with respect to
redevelopment of land shall be in accordance with the rules set forth in
section 23 of this by-law.
Lands Affected
3. This by-law applies to all lands in the geographic area of the City, however used,
whether or not the land or use is exempt from taxation under section 3 of the
Assessment Act.
Designation of Services
4.
It is hereby declared by Council that all development of land within the area to which
this by-law applies will increase the need for services.
5.
The development charge applicable to a development as determined under this by-
law shall apply without regard to the services required or used by an individual
development.
6.
Development charges shall be imposed under this by-law, for the following
categories of services to pay for the increased capital costs required because of
increased needs for services arising from development: DEVELOPMENT-
RELATED STUDIES.
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Approvals for Development
7.
Except as otherwise provided in this by-law, development charges shall be imposed
against all lands, buildings or structures within the area to which this by-law applies,
if the development of such lands, buildings or structures requires any of the following
approvals:
(a) the passing of a zoning by-law or of an amendment thereto under section 34 of
the Planning Act;
(b) the approval of a minor variance under section 45 of the Planning Act;
(c)
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 9 of the Condominium Act; or
(g) the issuing of a permit under the Building Code Act in relation to a building or
structure.
8.
No more than one development charge for each service designated in section 6 of
this by-law 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 section 7 are
required before the lands, buildings or structures can be developed.
9.
Notwithstanding section 8, if two or more of the actions described in section 7 occur
at different times, additional development charges shall be imposed in respect of
any increased or additional development permitted by that action.
10. Where a development requires an approval described in section 7 after the issuance
of a building permit and no development charge has been paid, then the
development charge shall be paid prior to the granting of the approval required
under section 7.
11. If a development does not require a building permit but does require one or more of
the approvals described in section 7, then the development charge shall
nonetheless be payable in respect of any increased or additional development
permitted by such approval required for the increased or additional development
being granted, and such development charge shall be paid prior to the granting of
the approval required.
Calculation of Development Charges
12. The development charge with respect to the use of any land, buildings or structures
shall be calculated as follows:
(a)
in the case of residential development, or the residential portion of a mixed-
use development, based upon the number and type of dwelling units;
(b)
in the case of a live-work development, based upon the number and type of
dwelling units, only; and
(c)
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.
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Amount of Charge - Residential
13. (1) The development charges described in Schedule A 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 component of the mixed use building or structure,
according to the type of residential use.
(2) Despite subsection 13(1), the development charges described in Schedule A
to this by-law for large apartments shall be imposed on all dwelling units in
single detached dwellings, semi-detached dwellings and multiple-dwellings
constructed in a planned seniors retirement community, provided that the
zoning by-law in force for the planned seniors retirement community limits the
number of bedrooms in any dwelling unit to 2 bedrooms, and the number of
dwelling units in the community and the maximum floor area of the dwelling
units to amounts determined by Council in the zoning bylaw.
(3) Where the application for a site plan application, if applicable, or for a building
permit application, is for the development of row houses as defined in this
bylaw, the development charge payable shall be the amounts set out in
Schedule A for row houses and shall be effective as of the date of this bylaw.
(4) If the development charges required to be paid by subsections 13(1), 13(2) or
13(3) or any part of them remains unpaid after they are payable, the amount
unpaid shall be added to the tax roll and shall be collected in the same manner
as taxes in accordance with subsection 32(1) of the Act.
Amount of Charge - Non-Residential
14. (1) 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 component of 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.
(2) Despite clause (1), development charges shall not be imposed on the
mechanical portions of buildings that service residential units and which are
situated on the same land as all of the residential units that they service.
(3) If the development charges required to be paid pursuant to subsection 14(1)
or if any part of them remains unpaid after they are payable, the amount
unpaid shall be added to the tax roll and shall be collected in the same
manner as taxes in accordance with subsection 32(1) of the Act.
Indexing of Development Charges
15. The development charges set out in Schedules A and B hereto shall be adjusted,
without amendment to this by-law, semi-annually on February 1st and August 1st in
each year, commencing February 1st, 2025 in accordance with the latest available
issue of the index prescribed in the regulations, with the base index value being that
in effect on February 1st, 2024.
Phasing, Timing of Calculation and Payment
16. (1) The development charges set out in this by-law are not subject to phasing in and
are payable in full, from the effective date of this bylaw, subject to any
applicable exemptions, credits, and discounts.
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(2) Subject to sections 23 and 24 of this by-law (with respect to redevelopment),
subsection 16(3) below, and sections 26.1 and 26.2 of the Act, the
development charge shall be calculated as of, and shall be payable, on the
date the first building permit is issued in relation to a building or structure on
the land to which the development charge applies.
(3) Where a development charge applies to land in relation to which a building
permit is required, no building permit shall be issued until the development
charge has been paid in full.
(4) Notwithstanding subsections 16(2) and 16(3), the City may, in its sole discretion,
require an owner to enter into an agreement, including the provision of security
for the owner's obligations under agreement, pursuant to section 27 of the Act,
providing for all or part of a development charge to be paid before or after it
otherwise would be payable. In that event, the terms of such agreement shall
then prevail over the provision of this by-law.
Payment By Money or the Provision of Services
17. (1) Payment of development charges shall be by cash, by certified cheque, or by
bank draft.
(2) In the alternative to payment by the means provided in subsection (1), the City
may, by an agreement entered into with the owner, accept the provision of
services in full or partial satisfaction of the development charge otherwise
payable, provided that:
(a) if the City and the owner cannot agree as to the reasonable cost of doing
the work under subsection (2), the dispute shall be referred to Council,
whose decision shall be final and binding;
(b) if the credit exceeds the amount of the charge for the service to which
the work relates,
(i)
the excess amount shall not be credited against the charge for
any other service, unless the City has so agreed in an agreement
entered into under section 38 of the Act; and
(ii)
in no event shall the City be required to make a cash payment to
the credit holder.
(c)
any credits owing to a landowner, or previous landowner, pursuant to an
agreement entered into under section 38 of the Act, prior to the
enactment of this by-law, may, at the City's sole discretion, be recognized
and used as a credit under this by-law, pursuant to section 41 of the Act;
or
(d) any credits owing to a landowner, or previous landowner, pursuant to an
agreement entered into under section 38 of the Act, either prior to, or
after, the enactment of this by-law, which credits do not relate to the
category of services covered by this by-law, may, at the City's sole
discretion, be recognized and used as a credit under this by-law,
pursuant to section 41 of the Act.
(3) Nothing in this by-law prevents Council from requiring, as a condition of an
agreement under sections 51 or 53 of the Planning Act, that the owner, at his
or her own expense, install such local services related to a plan of subdivision
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or within the area to which the plan relates, as Council may require, and/or that
the owner pay for local connections to storm drainage facilities installed at the
owner's expense, and/or administrative, processing, or inspection fees.
Rules with Respect to Exemptions for Intensification of Existing Housing and
Discounts for Rental Housing Development
18. (1)
This by-law does not apply with respect to approvals related to the residential
development of land, buildings or structures that would have the effect only,
(a) of permitting the enlargement of an existing dwelling unit; or
(b) of creating additional dwelling units in existing rental residential buildings,
existing houses, or new residential buildings pursuant to subsections 2
(3.1), 2 (3.2) and 2 (3.2) of the Act.
(2) Development charges payable for rental housing developments, where all of
the dwelling units are intended to be used as rented residential premises, shall
be reduced, in accordance with s.26.2(1.1) of the Act, based on the number of
bedrooms in each dwelling unit as follows:
(a)
3 or more bedrooms - 25% reduction;
(b)
2 bedrooms - 20% reduction; and
(c) all other quantities of bedrooms - 15% reduction.
Rules with Respect to Industrial Expansion Exemption
19. (1)
If a development includes the enlargement of the gross floor area of an
existing industrial building, the amount of the development charge that is
payable under this by-law, is the following:
(a) if the gross floor area is enlarged by 50 per cent or less, the amount of
the development charge in respect of the enlargement is zero; and
(b) if the gross floor area is enlarged by more than 50 per cent, development
charges are payable on the amount by which the enlargement exceeds
50 per cent of the gross floor area before the enlargement.
(2) For the purpose of this section, the terms "gross floor area" and "existing
industrial building" shall have the same meaning as those terms have in the
Regulation
(3)
For the purpose of interpreting the definition of "existing industrial building"
contained in the Regulation, regard shall be had for the classification of the
lands in question pursuant to the Assessment Act, and in particular:
(a) whether the lands fall within a tax class such that taxes on the lands are
payable at the industrial tax rate; and
(b) whether more than fifty per cent (50%) of the gross floor area of the
building or structure has an industrial property code for assessment
purposes;
(4) Despite subsection (3), distribution centres, warehousing, the bulk storage of
goods and truck terminals shall be considered industrial uses.
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(5) For the purpose of the application of section 4 of the Act to the operation of
this by-law:
(a) the gross floor area of an existing industrial building shall be calculated
as it existed prior to the first enlargement in respect of that building for
which an exemption under section 4 of the Act is sought; and
(b) the enlargement of the gross floor area of the existing building must:
(i)
be attached to the existing industrial building;
(ii)
not be attached to the existing industrial building by means only of
a tunnel, bridge, canopy, corridor or other passageway, shared
below-grade connection, foundation, footing, parking facility,
service tunnel or service pipe;
(iii) be for use or in connection with an industrial purpose as set out in
this by-law; and
(iv) constitute a bona fide increase in the size of the existing building.
Categories of Exempt Institutions
20. (1) The following categories of institutions are hereby designated as being exempt
from the payment of development charges:
(a) land, buildings or structures used as hospitals governed by the Public
Hospitals Act;
(b) land, buildings or structures owned by and used for the purposes of the
City, the Region, or their local boards, as required by the Act;
(c) land, buildings or structures owned by and used for the purposes of a
municipality or a board as defined in the Education Act;
(d) land, buildings or structures owned by and used for the purposes of a
college or university;
(e)
land, buildings or structures used for the purposes of a Place of Worship,
excluding that portion of the land, building or structure used for the
purposes of:
i)
private schools
ii) banquet halls
iii) supportive housing
iv) daycare facilities
v) retail or commercial;
(f)
land, buildings or structures used only for the purpose of a temporary
office for new residential sales;
(g)
Affordable housing as defined by subsection 4.1 (1) of the Act;
(h)
Attainable housing as defined by subsection 4.1 (1) of the Act;
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(i)
non-profit housing as defined by subsection 4.2 (1) of the Act.
(2) The exemption referred to in this paragraph 20(1) (b) does not apply to the
development for residential uses of lands owned by:
(a) the Region or any local board thereof, including the Peel Children's Aid
Society; or
(b) any corporation owned, controlled, or operated by the Region, including
Peel Non-Profit Housing Corporation.
Agricultural Uses
21. Agricultural uses, as well as farm buildings and other ancillary development to an
agricultural use, excluding any residential or commercial uses, shall be exempt from
the provisions of this by-law.
Temporary Buildings or Structures
22. (1)
Temporary buildings or structures shall be exempt from the provisions of this
by-law, so long as the status as a temporary building or structure is maintained
in accordance with the provisions of this by-law;
(2)
In the event that a temporary building or structure becomes protracted, it shall
be deemed not to be, or ever to have been a temporary building or structure,
and the development charges required to be paid under this by-law shall
become payable on the date the temporary building or structure becomes
protracted; and
(3)
Prior to the City issuing a building permit for a temporary building or structure,
the City may require an owner to enter into an agreement, including the
provision of security for the owner's obligation under the agreement, pursuant
to section 27 of the Act, providing for all or part of the development charge
required by subsection 22(2) to be paid after it would other-wise be payable.
The terms of such agreement shall then prevail over the provisions of this by-
law.
Rules with Respect to Demolitions
23. (1) (i) Demolishing dwelling units in whole will reduce the development charges
otherwise payable for the redevelopment where the owner has provided a copy
of the original demolition permit for the number of types of units that have been
demolished to the Treasurer, and when redevelopment occurs:
(a) within 5 years from the date the demolition permit was issued; and
(b) on the same lot or block on which the demolished dwelling unit(s) were
originally located.
(ii) In cases where a demolition credit crosses over a lot that was subject to land
division, the owner directs to which lot the credit applies.
(2) (i) Demolishing the total floor area of all or part of a non-residential building or
structure will reduce the development charges otherwise payable for the
redevelopment, where the owner has provided a copy of the original
demolition permit for the total floor area that was demolished to the
Treasurer, and when redevelopment occurs:
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(a) within 10 years from the date the demolition permit was issued; and
(b) on the same lot or block on which the demolished building or structure, or
part thereof, was originally located; and
(ii) In cases where a demolition credit crosses over a lot that was subject to a
land division, the owner directs to which lot the credit applies.
(3) If a credit has been allowed against the development charge otherwise
payable and a building permit for the redevelopment has been issued, in
advance of the occurrence of the demolition, the owner must complete and
provide proof of the demolition no later than 4 months after the issuance of the
building permit or the amount for which the development charge credit was
provided shall become fully payable.
(4) The amount of any credit hereunder shall not exceed, in total, the amount of
the development charges otherwise payable under this by-law with respect to
the redevelopment.
(5) For the purposes of this section, dwelling units or total floor area accidentally
destroyed by fire shall be deemed to have been demolished under a demolition
permit issued on the date of the fire.
(6) Notwithstanding Subsections 23 (1)(i)(a) and 23 (2)(i)(a), for a demolition
permit that was issued before the effective date of this By-law, the demolition
permit issuance date is deemed to be the effective date of this By-law for the
purposes of Subsections 23 (1)(i)(a) and 23 (2)(i)(a)". (By-law 184-2024)
Rules with Respect to Change of Use
24. (1) Changing all or part of a residential building to a non-residential use will reduce
development charges otherwise payable for by an amount that is equal to the
applicable residential development charge multiplied by the number of
residential units being converted.
(2) Changing all or part of a building used for industrial uses to non-industrial/non-
office use will reduce development charges otherwise payable by an amount
that is equal to the applicable non-residential development charge multiplied
by the total floor area that has been converted.
(3) Notwithstanding subsection 24 (2), development charges will not apply to a
change of use from industrial to non-industrial/non-office uses provided that
the original building was constructed prior to 2004.
(4) The exemption in subsection 24 (3) does not apply to conversions to motor
vehicle repair shops or motor vehicle body shops.
Speculative Buildings
25. (1) Where an owner has applied for a building permit for a speculative non-
residential building or structure, the City may permit the owner to pay the
industrial development charge and may require the owner to enter into an
agreement with the City, subject to the discretion of the Treasurer, including a
requirement to post satisfactory security, to be realized upon by the City in the
event that the building or structure is ultimately deemed by the City to be a
non-industrial building or structure in accordance with the provisions of this By-
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law and where development charges at the non-industrial/non-office rate as
set out in Schedule "B" hereto are deemed to be payable.
(2)
Where the owner has failed to submit evidence satisfactory to the Treasurer to
establish that a speculative building is an industrial building in accordance with
the terms of any agreement as provided for in subsection 25(1), the City shall
apply the security posted to the payment of development charges calculated as
if the building were deemed to be a non-industrial building or structure, as of
final occupancy, in accordance with the provisions of this Bylaw.
(3)
In order for a building or structure deemed to be an industrial use for the
purpose of this By-law, at least 51 per cent of the total floor area of the building
or structure must be used for industrial purposes, as determined by the City.
(4)
Where the City requires payment of development charges at the non-
industrial/non-office rate in accordance with the provisions set out above, the
amount payable shall be the amount calculated at the rate in effect at the later
of the date of issuance of the building permit or the date that the payment of the
development charges at the non-industrial rate is received by the City.
(5) Where the City determines that the building or structure is an industrial
building, the security provided to the City pursuant to subsection 25(1) of this
section shall be released to the owner, without interest.
Major Office Exemption
26. (1) The portion of buildings containing office uses are exempt from the payment of
development charges if they are constructed as free-standing or as part of mixed-
use building, provided there is a minimum total floor area of 20,000 square feet of
office space and provided the office space supports research and lab space,
advanced manufacturing, food and beverage processing, health and life sciences,
innovation and technology, or professional services..
(2) Accessory uses that are part of or attached to the primary office use referred to in
subsection 26(1) that cater to research and lab space, advanced manufacturing,
food and beverage processing, health and life sciences, innovation and technology
are also exempt from the payment of development charges, provided the area of
such uses is less than the area of the primary office use.
Front Ending Agreements
27. The City may enter into agreements under section 44 of the Act.
Schedules
28. The following Schedules to this by-law form an integral part of this bylaw:
Schedule 'A'
Residential Development Charges
Schedule 'B'
Non-residential Development Charges
By-law Registration
29. A certified copy of this by-law may be registered in the by-law register in the Land
Registry Office against all lands in the City and may be registered against title to
any land to which this by-law applies.
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Date By-law Effective
30. This by-law comes into force and effect on August 2, 2024.
Date By-law Expires
31. This by-law expires ten years after the date on which it comes into force and effect.
Repeal
32. No By-law is here by repealed as this is a new service.
Headings for Reference Only
33. The headings inserted in this by-law are for convenience and reference only, and shall
not affect the construction or interpretation of this by-law.
Interpretation
34. All words defined in the Act or the Regulation have the same meaning in this by-law
as they have in the Act or the Regulation, unless they are defined differently in this
by-law.
35. All references to the provisions of any statute or regulation or to the Ontario Building
Code contained in this by-law shall also refer to the same or similar provision in the
statute or regulation or code as amended, replaced, revised or consolidated from time
to time.
Severability
36. If, for any reason, any provision, section, subsection or paragraph of this by-law is
held 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 or
amended, in whole or in part or dealt with in any other way.
Short Title
37. This by-law may be referred to as the City of Brampton Development Charges By-
law for DEVELOPMENT-RELATED STUDIES, 2024.
ENACTED and PASSED this 10th day of July, 2024.
THE CORPORATION OF THE CITY OF BRAMPTON
Original signed by:
Patrick Brown - Mayor
Genevieve Scharback - City Clerk
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Schedule 'A'
Residential Development Charges
From January 2, 2025 onwards
Residential Charge By Unit Type
Development-Related Studies
$314
$248
$178
$109
TOTAL CHARGE PER UNIT
$314
$248
$178
$109
Rows /
Other Multiples
Large
Apartments
> 750 Sq. Ft.
Small
Apartments
< = 750 Sq. Ft.
Service
Singles / Semis
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Schedule 'B'
Non-Residential Development Charges
From January 2, 2025 onwards
Non-Residential
Development-Related Studies
$1.02
$1.02
$1.02
TOTAL CHARGE PER SQUARE METRE
$1.02
$1.02
$1.02
Service
Industrial Charge
Per Square
Metre
Non-Industrial /
Non-Office
Charge Per
Square Metre
Major Office
Charge Per
Square Metre