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BY-LAW NUMBER 109-24
-of-
THE CORPORATION OF THE COUNTY OF BRANT
Being a By-law of the Corporation of the County of Brant with respect to development
charges
WHEREAS Section 2(1) of the Development Charges Act, 1997 (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 for increased capital costs
required because of the need for services arising from development in the area to which
the by-law applies;
AND WHEREAS the Council of the Corporation of the County of Brant (hereinafter
called "the Council"), at its public meeting of June 25, 2024, approved a report dated
May 24, 2024 entitled "County of Brant, 2024 Development Charge Background Study",
which was prepared by Watson & Associates Economists Ltd., as amended June 20,
2024, and October 7, 2024;
AND WHEREAS the Council has given Notice in accordance with Section 12 of the
Development Charges Act, 1997 of its development charge proposal and held a public
meeting on June 25, 2024;
AND WHEREAS the Council has heard all persons who applied to be heard in objection
to, or in support of, the development charge proposal at such public meeting;
NOW THEREFORE THE COUNCIL OF THE COUNTY OF BRANT HEREBY ENACTS
as follows:
1. DEFINITIONS
In this by-law,
(1)
"Act" means the Development Charges Act, 1997, c.27;
(2)
"accessory" use means a use of land, building or structures, which is incidental and
subordinate to the principal use of the lands, buildings or structures;
(3)
"affordable residential unit" means a Dwelling Unit that meets the criteria set out in
subsection 4.1 (2) or 4.1(3) of the Act.
(4)
"apartment dwelling" means any residential dwelling unit within a building containing
five or more dwelling units where the residential units are connected by an interior
corridor, and includes a stacked townhouse;
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Page 2
(5)
"attainable residential unit" means a Dwelling Unit that meets the criteria set out in
subsection 4.1(4) of the Act.
(6)
"back-to-back townhouse" means a building where each dwelling unit is divided
vertically by common walls, including a common rear wall and common side wall, and
has an independent entrance to the dwelling unit from the outside accessed through
the front year, side yard or exterior side yard and does not have a rear yard;
(7)
"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;
(8)
"board of education" means a board defined in s.s.1(1) of the Education Act;
(9)
"Building Code Act" means the Building Code Act, S.O. 1992, ch.23, amended;
(10) "cannabis" Shall mean a genus of flowering plants in the family Cannabaceae.
Synonyms include, but are not limited to, marijuana and marihuana. This definition
does not include the industrial or agricultural production of hemp (a source of
foodstuffs (hemp milk, hemp seed, hemp oil), fiber and biofuels);
(11) "cannabis production and processing" Shall mean lands, buildings, or structures used
for the production, processing, testing, destroying, packaging, storage and/or shipping
of cannabis authorized by an issued license or registration by the federal Minister of
Health, pursuant to the Access to Cannabis for Medical Purposes Regulations,
SOR/2016-230, to the Controlled Drugs and Substances Act, SC 1996, c 19, and the
Cannabis Act, S.C. 2018, c. 16, as amended from time to time, or any successors
thereto;
(12) "capital cost" shall have the same meaning as described in Section 5 of the
Development Charges Act, 1997, as amended;
(13) "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 Act;
(14) "council" means the Council of the Corporation of the County of Brant;
(15) "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 size or usability thereof, and includes
redevelopment;
(16) "development charge" means a charge imposed against land in the municipality under
this by-law;
(17) "duplex dwelling" means a building other than a converted dwelling that is divided
horizontally into two (2) separate dwelling units each of which has an independent
entrance either directly from the outside or through a common entrance;
(18) "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;
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(19) "existing industrial building" means a building or structure in existence for the purpose
of industrial use as per the County of Brant zoning by-law and or which occupancy has
been granted for such building;
(20) "farm building" means that part of a bona fide farming operation encompassing barns,
silos and other ancillary development to an agricultural use, but excluding a residential
use;
(21) "farm bunk house" means a temporary dwelling used for the housing of seasonal farm
workers which is intended not to be used year-round and not used as a permanent
residence and includes a communal kitchen, bathrooms and sleeping facilities and
may include a mobile home.
(22) "garden suite" means a one-unit detached residential structure containing bathroom
and kitchen facilities that is ancillary to an existing residential structure and that is
designed to be portable;
(23) "grade" means the average level of finished ground adjoining a building or structure at
all exterior walls;
(24) "gross floor area" means the total area of all floors above grade measured between
the outside surfaces of the exterior walls or between the outside surfaces of exterior
walls and the centre line of firewalls, this also includes the floor areas of covered roofs,
canopies, decks, walkways and thoroughfares;
(25) "heavy industrial" means employment uses associated with significant land use
impacts such as odour, noise, dust, smoke, vibration, the potential for fire and
explosive hazards, etc. Development includes manufacturing facilities, the storage,
processing, refinement or production of hazardous, toxic or substances, etc.
(26) "industrial building means a building used for or in connection with,
a) manufacturing, producing, processing, storing or distributing goods;
b) research or development in connection with manufacturing, producing, or
processing goods,
c) retail sales by a manufacturer, producer or processor of goods they manufactured,
produced or processed, if the retail sales are at the site where the manufacturing,
production or processing takes place,
d) cannabis production and processing;
e) office or administrative purposes, if they are
a. carried out with respect to manufacturing, producing, processing, storage or
distribution of goods, and
b. in or attached to the building or structure used for that manufacturing,
producing, processing, storage or distribution;
(27) "Institutional development" means development of a building or structure that meets
the criteria set out in section 11.1(2) of O.Reg. 82/98 to the Act;
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(28) "Interest rate" means the annual rate of interest calculated at the County's D.C.
Interest Policy;
(29) "local board" means a public library board, local board of health, or any other board,
commission, committee or 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 of the municipality or any part or parts thereof;
(30) "local services" means those services, facilities or things which are under the
jurisdiction of the municipality and are related to a plan of subdivision or within the area
to which the plan relates required as a condition of approval under s.51 of the Planning
Act, or as a condition of approval under s.53 of the Planning Act;
(31) "multiple dwellings" means all dwellings other than single-family dwellings, semi-
detached dwellings, apartment dwellings and garden suite dwellings, but includes a
back-to-back townhouse.
(32) "municipality" means the Corporation of the County of Brant;
(33) "mobile home" means a prefabricated building designed to be made mobile whether
the running gear is removed or not and manufactured to provide cooking, eating, living,
sleeping and sanitary facilities constructed to Canadian Standards Association (CSA)
and which is designed to be used as a place of residence;
(34) "non-profit housing development" means Development of a building or structure that
meets the criteria set out in section 4.2 of the Act.
(35) "non-residential use" means a building or structure used for other than a residential
use and includes a long-term care facility;
(36) "Official Plan" means the Official Plan of the Corporation of the County of Brant and
any amendments thereto;
(37) "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;
(38) "place of worship" means that part of a building or structure that is exempt from
taxation as a place of worship under paragraph 3 of Section 3 of the Assessment Act,
R.S.O. 1990, c.A.31, as amended;
(39) "Planning Act" means the Planning Act, 1990, c.P.-13, as amended;
(40) "regulation" means any regulation made pursuant to the Act;
(41) "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;
(42) "residential use" means land or buildings or structures of any kind whatsoever used,
designed or intended to be used as living accommodations for one or more individuals;
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(43) "retirement home" or an "assisted living facility" means a residential building which
provides accommodation primarily for retired persons or couples where each private
living accommodation has a separate private bathroom and separate entrance from a
common hall and which may or may not provide in-unit partial or full culinary facilities
but where common facilities for the preparation and consumption of food are provided,
and common lounges, recreation rooms and medical care facilities may also be
provided;
(44) "semi-detached dwelling" means two (2) single dwellings attached with a common wall,
dividing the pair of single dwellings vertically, each of which has an independent
entrance either directly from the outside or through a common vestibule;
(45) "services" (or "service") means those services set out in Schedule A to this by-law;
(46) "services in lieu" means those services specified in an agreement made under section
7 of this by-law;
(47) "servicing agreement" means an agreement between a landowner and the municipality
relative to the provision of municipal services to specified lands within the municipality;
(48) "single detached dwelling" means a residential building consisting of one dwelling unit
and not attached to another structure;
(49) "Special care facilities" means lands, buildings or structures used or designed or
intended for uses for the purpose of providing supervision, nursing care or medical
treatment, which do not comprise dwelling units, that are licensed, approved or
supervised under any special or general statute, and excludes the special care/special
dwelling portions of the building.
(50) "Special care/special dwelling" means a residential portion of a special care facilities
building containing two or more dwelling units, which units have a common entrance
from street level:
a) Where the occupants have the right to use in common, halls, stairs, yards,
common rooms, and accessory buildings;
b) Which may or may not have exclusive sanitary and/or culinary facilities;
c) That is designed to accommodate persons with specific needs, including, but not
limited to, independent permanent living arrangements;
d) Where support services such as meal preparation, grocery shopping, laundry,
housekeeping, nursing, respite care and attendant services are provided at various
levels; and
e) Includes, but is not limited to, retirement homes, assisted living facilities, nursing
homes, group homes and hospices.
(51) "stacked townhouse" means one (1) building or structure containing two (2)
townhouses divided horizontally, one atop the other, in a building that is divided into
three (3) or more separate dwelling units;
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(52) "total floor area" means 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 another dwelling unit or other portion of a building;
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:
-
a room or enclosed area within the building or structure above or below grade that
is used exclusively for the accommodation of
-
heating, cooling, ventilating, electrical, mechanical or telecommunications
equipment that service the building;
-
loading facilities above or below grade; and
-
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.
2. SCHEDULE OF DEVELOPMENT CHARGES
(1)
Subject to the provisions of this by-law, development charges against land shall be
calculated and collected in accordance with the base rates set out in Schedule B, which
relate to the service set out in Schedule A of this by-law.
(2)
The development charge with respect to the use of any land, buildings or structures
shall be calculated, based on the charges in Schedule B, 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 non-residential development, the non-residential portion of a mixed-
use development which includes residential, based upon the total floor area of
such development;
(3)
Council hereby determines that the development of land, buildings or structures for
residential and non-residential uses have required or will require the provision,
enlargement, expansion or improvement of the service referenced in Schedule A.
(4)
Notwithstanding subsection (1), the development of a residential or non-residential
building is exempt from that portion of the development charges calculated for water
and/or sewer service, if it is located outside of the area where one or both of these
services are available and a tender has not been issued for the provision of such
service as of the date of building permit issuance.
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3. APPLICABLE LANDS
(1)
Subject to subsections (2), (3), (6) and (8), this by-law applies to all lands in the
municipality, whether or not the lands or use is exempt from taxation under section 3 of
the Assessment Act, 1990, c.A..31.
(2)
This by-law shall not apply to land that is owned by and used for the purposes of:
(a) a board of education;
(b) any municipality or local board thereof;
(c) a non-residential farm building;
(d) a farm bunk house;
(e) 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 Development Charges
Act, 1997 if the development in respect of which development charges would
otherwise be payable is intended to be occupied and used by the university;
(f) Non-profit Residential Development;
(g) Affordable Residential Units required pursuant to section 34 and 16(4) of the
Planning Act (Inclusionary Zoning).
(h) As of the date on which section 4.1 of the Act is proclaimed into force, the following
shall be exempt from Development Charges:
i.
Affordable Residential Units; and
ii.
Attainable Residential Units
(i) Notwithstanding any other provision of this By-law, the Development Charges
payable for Residential Developments, where the Dwelling Units are intended as
Rental Housing, will be reduced based on the number of bedrooms in each
Dwelling Unit in accordance with section 26.2(1.1) of the Development Charges
Act, as follows:
i.
Three (3) or more Bedrooms - 25% reduction;
ii.
Two (2) Bedrooms - 20% reduction; and
iii.
Fewer than two (2) Bedrooms - 15% reduction.
Rules with Respect to Exemptions for Intensification of Existing or New Housing
(3)
Notwithstanding any other provision of this By-law, Development Charges shall not be
imposed with respect to:
(a) an enlargement to an existing Dwelling Unit;
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(b) the creation of additional Dwelling Units equal to the greater of one (1) or 1% of the
existing Dwelling Units in an existing Residential rental building containing four (4)
or more Dwelling Units or prescribed ancillary structure to the existing Residential
building;
(4)
Notwithstanding any other provision of this By-law, Development Charges shall not be
imposed with respect to the creation of any of the following within existing Single
Detached Dwellings, Semi-Detached Dwellings, Back-to-back Townhouse Dwellings or
Stacked Townhouse Dwellings:
(a) A second Dwelling Unit 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 Residential structure cumulatively contain no more than one (1) Dwelling
Unit.
(b) A third Dwelling Unit 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 Residential structure contains any Dwelling Units.
(c) One Dwelling Unit on a parcel of urban Residential land, if the existing structure
contains no more than two (2) Dwelling Units and no other building or structure
ancillary to the existing Residential structure contains any Dwelling Units.
(5)
Notwithstanding any other provision of this By-law, Development Charges shall not be
imposed with respect to the creation of any of the following in new Single Detached
Dwellings, Semi-Detached Dwellings, Back-to-back Townhouse Dwellings or Stacked
Townhouse Dwellings:
(a) A second Dwelling Unit on a parcel of land on which Residential Use, other than
ancillary Residential Use, is permitted, if all cumulatively will contain no more than
one (1) Dwelling Unit.
(b) A third Dwelling Unit 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 Residential structure contains any Dwelling Units.
(c) One (1) Dwelling Unit in a building or structure ancillary to a new Residential
structure on a parcel of urban Residential land, if the new Residential structure
contains no more than two (2) Dwelling Units and no other building or structure
ancillary to the new Residential structure contains any Dwelling Units.
Rules with Respect to an Industrial Expansion Exemptions
(6)
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 in respect of
the enlargement is determined in accordance with the following:
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(a) Subject to subsection 6 (c), if the gross floor area is enlarged by 50 percent or less
of the lesser:
(A) the gross floor area of the existing industrial building, or
(B) 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 6 (c), if the gross floor area is enlarged by more than 50 per
cent or less of the lesser of:
(A) the gross floor area of the existing industrial building, or
(B) 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 the amount
of the development charge that would otherwise be payable multiplied by the
fraction determined as follows:
(A) determine the amount by which the enlargement exceeds 50 per cent of the
gross floor area before the first enlargement, and
(B) divide the amount determined under subsection (A) by the amount of the
enlargement
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(c) For the purpose of calculating the extent to which the gross floor area of an
existing industrial building is enlarged in subsection 6 (a) and 6 (b), the cumulative
gross floor area of any previous 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,
shall be added to the calculation of the gross floor area of the proposed
enlargement.
(d) For the purpose 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.
(7)
That where a conflict exists between the provisions of this by-law and any other
agreement between the County and the owner, with respect to land to be charged
under this policy, the provisions of such agreement prevail to the extent of the conflict.
4. APPLICATION OF CHARGES
(1)
Subject to subsection (2), development charges shall apply to, and shall be calculated
and collected in accordance with the provisions of this by-law on land to be developed
for residential and non-residential use, where,
(a) the development requires,
a. the passing of a zoning by-law or an amendment thereto under section 34 of
the Planning Act, 1983, R.S.O. 1990, c.1;
b. a conveyance of land to which a by-law passed under subsection 50(7) of the
Planning Act, R.S.O. 1990, c.P.13 applies;
c.
the approval of a plan of subdivision under section 51 of the Planning Act,
R.S.O. 1990, c.P. 13;
d. a consent under section 53 of the Planning Act, R.S.O. 1990, c.P. 13;
e. the approval of a description under Section 50 of the Condominium Act, R.S.O.
1980, c. 84; or
f.
the issuing of a permit under the Building Code Act, in relation to a building or
structure.
(2)
Subsection (1) shall not apply in respect of:
(a) local services installed at the expense of the owner within a plan of subdivision or
within the area to which the plan relates, as a condition of approval under section
51 of the Planning Act, R.S.O. 1990, c.P.13;
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(b) local services installed at the expense of the owner as a condition of approval
under section 53 of the Planning Act, R.S.O. 1990, c.P.13.
5. LOCAL SERVICE INSTALLATION
Nothing in this by-law prevents Council from requiring, as a condition of an agreement under
sections 40, 51 or 53 of the Planning Act, that the owner, at his or her own expense, shall
install such local services within the plan of subdivision, and otherwise, as Council may
require, that the owner pay for, or install local services within the area to which the plan
relates.
6. MULTIPLE CHARGES
(1)
Where two or more of the actions described in subsection 4 (1) are required before
land to which a development charge applies can be developed, only one development
charge shall be calculated and collected in accordance with the provisions of this by-
law.
(2)
Notwithstanding subsection (1), if two or more of the actions described in subsection 4
(1) occur at different times, and if the subsequent action has the effect of increasing
the need for the municipal service as set out in Schedule A, an additional development
charge on the additional residential units and/or non-residential floor area, shall be
calculated and collected in accordance with the provisions of this by-law.
7. SERVICES IN LIEU
(1)
Council may authorize an owner, through an agreement under section 38 of the Act, to
substitute such part of the development charge applicable to the owner's development
as may be specified in the agreement, by the provision at the sole expense of the
owner, of services in lieu. Such agreement shall further specify that where the owner
provides services in lieu in accordance with the agreement, Council shall give to the
owner a credit against the development charge in accordance with the agreement
provisions and the provisions of section 39 of the Act, equal to the reasonable cost to
the owner of providing the services in lieu. In no case shall the agreement provide for a
credit which exceeds the total development charge payable by an owner to the
municipality in respect of the development to which the agreement relates.
(2)
In any agreement under section 7 (1), Council may also give a further credit to the
owner equal to the reasonable cost of providing services in addition to, or of a greater
size or capacity, than would be required under this by-law.
(3)
The credit provided for in subsection (2) shall not be charged to any development
charge reserve fund prescribed in this by-law.
8. DEVELOPMENT CHARGE CREDITS
(1)
In the case of the demolition or conversion of all or part of a residential or non-
residential building, a credit shall be allowed, provided that the building permit for the
development or redevelopment is issued within five (5) years of the demolition permit
that has been issued. The owner shall be allowed a credit equivalent to:
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(a) the number of dwelling units demolished/converted multiplied by the applicable
residential development charge in place at the time the development charge is
payable; and/or
(b) the total floor area of the building demolished/converted multiplied by the
applicable non-residential development charge in place at the time the
development charge is payable. The demolition credit is allowed only if the land
was improved by occupied structures immediately prior to the demolition.
(2)
The credit can, in no case, exceed the amount of development charges that would
otherwise be payable by the owner.
9. TIMING OF CALCULATION AND PAYMENT
(1)
Development charges shall be calculated and payable in full in money or by provision
of services as may be agreed upon, or by credit granted by the Act, on the date that
the first building permit is issued in relation to a building or structure on land to which a
development charge applies, or in a manner or at a time otherwise lawfully agreed
upon.
(2)
Where development charges apply to land in relation to which a building permit is
required, the building permit shall not be issued until the development charge has
been paid in full.
(3)
Notwithstanding subsections (1) and (2), an owner may enter into an agreement with
the municipality to provide for the payment in full of a development charge before
building permit issuance or later than the issuing of a building permit.
(4)
Notwithstanding subsections 9(1) and 9(2), 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 first occupancy certificate issued, and each
subsequent installment, including interest (calculated in accordance with section 26.3
of the Act), payable on the anniversary date each year thereafter.
(5)
Where the development of land results from the approval of a site plan or zoning by-
law amendment application received between January 1, 2020 and June 5, 2024, and
the approval of the application occurred within 2 years of building permit issuance, the
development charges under section 2 of this by-law shall be calculated on the rates
set out in Schedule "B" on the date of the receipt of a complete planning application,
including interest. Where both planning applications apply development charges under
section 2 of this by-law, the calculations shall be based on the date of the later
planning application as set out in Schedule "B'', including interest (calculated in
accordance with section 26.3 of the Act).
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Page 13
(6)
Where the development of land results from the approval of a site plan or zoning by-
law amendment application received on or after January 6, 2024, and the approval of
the application occurred within 18-months of building permit issuance, the
development charges under section 2 of this by-law shall be calculated on the rates
set out in Schedule "B" on the date of the receipt of a complete planning application,
including interest. Where both planning applications apply development charges under
section 2 of this by-law, the calculations shall be based on the date of the later
planning application as set out in Schedule "B'', including interest (calculated in
accordance with section 26.3 of the Act).
10. BY-LAW REGISTRATION
A certified copy of this by-law may be registered on title to any land to which this by-law
applies.
11. RESERVE FUNDS
(1)
Monies received from payment of development charges shall be maintained in a
separate reserve funds for each of the services in Schedule "A".
(2)
Monies received for the payment of development charges shall be used only in
accordance with the provisions of section 35 of the Act.
(3)
Council directs the Municipal Treasurer to divide the reserve funds created hereunder
into the separate sub-accounts in accordance with the service categories set out in
Schedule "A" to which the development charge payments shall be credited in
accordance with the amounts shown, plus interest earned thereon.
(4)
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.
(5)
Where any unpaid development charges are collected as taxes under subsection (3),
the monies so collected shall be credited to the development charge reserve fund
referred to in subsection (1).
(6)
The Treasurer of the Municipality shall, commencing in 2020 for the 2019 year, furnish
to Council a statement in respect of the reserve fund established hereunder for the
prior year, containing the information set out in sections 12 and 13 of O.Reg. 82/98.
12. BY-LAW AMENDMENT OR REPEAL
(1)
Where this by-law or any development charge prescribed thereunder is amended or
repealed by order of the Ontario Municipal Board or by resolution of the Municipal
Council, the Municipal Treasurer shall calculate forthwith the amount of any
overpayment to be refunded as a result of said amendment or repeal.
(2)
Refunds that are required to be paid under subsection (1) shall be paid to the
registered owner of the land on the date on which the refund is paid.
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(3)
Refunds that are required to be paid under subsection (1) shall be paid with interest to
be calculated as follows:
(a) interest shall be calculated from the date on which the overpayment was collected
to the day on which the refund is paid;
(b) the refund shall include the interest owed under this section;
(c) interest shall be paid at the Bank of Canada rate in effect on the date of enactment
of this by-law.
13. DEVELOPMENT CHARGE SCHEDULE INDEXING
The development charges referred to in Schedule B shall be adjusted annually, without
amendment to this by-law, commencing November 1, 2025, and annually thereafter in each
November while this by-law is in force, in accordance with the Act.
14. BY-LAW ADMINISTRATION
This by-law shall be administered by the Municipal Treasurer.
15. SCHEDULES TO THE BY-LAW
The following schedules to this by-law form an integral part of this by-law:
Schedule A - Designated Municipal Services/Classes of Services
Schedule B - Schedule of Development Charges
16. DATE BY-LAW EFFECTIVE
This by-law shall come into force and effect on November 1, 2024.
17. DATE BY-LAW EXPIRES
This by-law will expire on November 1, 2034 which is ten years from the passage of By-law
XXX-24.
18. EXISTING DEVELOPMENT CHARGE BY-LAW REPEAL
By-law 100-19, as amended is repealed effective November 1, 2024.
19. SEVERABILITY
If, for any reason, any provision, section, subsection or paragraph of this by-law is held to be
invalid, it is hereby declared to be the intention of Council that all of 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.
By-law Number 109-24
Page 15
20. SHORT TITLE
This by-law may be cited as the "Brant County-Wide Development Charge By-law."
READ a first and second time, this 22nd day of October, 2024.
READ a third time and finally passed in Council, this 22nd day of October, 2024
THE CORPORATION OF THE COUNTY OF BRANT
___________________________________
David Bailey, Mayor
___________________________________
Briar Allison, Deputy Clerk
BY-LAW NUMBER 109-24
SCHEDULE "A"
DESIGNATED MUNICIPAL SERVICE UNDER THIS BY-LAW
County-wide Services
1.
Services Related to a Highway:
Roads and Related
Public Works (Facilities and Fleet)
2.
Fire Protection Services:
Facilities
Vehicles and Equipment
Small Equipment and Gear
3.
Policing Services:
Facilities
4.
Parks and Recreation Services:
Parkland Development
Parkland Amenities
Parkland Trails
Recreation Facilities
Parks and Recreation Vehicles and Equipment
5.
Library Services:
Facilities
Collection Materials
Vehicles
6.
Ambulance Services:
Ambulance Facilities
Ambulance Vehicles
Page 2
By-law Number 109-24
7.
Long-Term Care:
Facilities
8.
Waste Diversion:
Facilities - Stations / Depots
Vehicles and Equipment
9.
Growth Studies
Urban Area Services
10.
Stormwater Drainage and Control Services
11.
Wastewater Services:
Treatment
Collection
12. Water Services
Treatment
Distribution
Watson & Associates Economists Ltd.
PAGE G-24
H:\Brant\2023 DC\Report\Addendum Report #2\DC Report for Addendum #2 Final.docx
SCHEDULE "B"
TO BY-LAW 109-24OF BRANT COUNTY
SCHEDULE OF DEVELOPMENT CHARGES
NON-RESIDENTIAL
Single and Semi-
Detached Dwelling
Multiples
Apartments - 2
Bedrooms +
Apartments -
Studio and 1
Bedroom
Special
Care/Special
Dwelling Units
(per sq.ft. of Gross
Floor Area)
County-Wide Services/Class of Service:
Services Related to a Highway
14,453
9,453
9,945
6,542
5,155
4.60
Fire Protection Services
2,527
1,653
1,739
1,144
901
0.80
Policing Services
265
173
182
120
95
0.08
Parks and Recreation Services
11,829
7,736
8,139
5,355
4,219
0.52
Library Services
2,143
1,402
1,475
970
764
0.10
Long-term Care Services
1,008
659
694
456
360
0.10
Ambulance
318
208
219
144
113
0.03
Waste Diversion
255
167
175
115
91
0.01
Growth Studies
774
506
533
350
276
0.23
Total County-Wide Services/Classes of Services
33,572
21,957
23,101
15,196
11,974
6.47
Urban Services:
Stormwater Drainage and Control Services
409
267
281
185
146
0.12
Wastewater Services
15,764
10,310
10,847
7,136
5,623
4.76
Water Services
12,410
8,116
8,539
5,617
4,426
3.70
Total Urban Services
28,583
18,693
19,667
12,938
10,195
8.58
Total County-Wide and Urban Services
62,155
40,650
42,768
28,134
22,169
15.05
Service/Class of Service
RESIDENTIAL