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Bylaw No. 210-2021
of
The Corporation of the City of Brantford
Being a bylaw to amend the Municipal Code of the City of
Brantford by adopting Chapter 261- Development Charges
and to repeal By-law I 03-2021, being a By-law to establish
Chapter 262 -Area Specific Development Charges
WHEREAS subsection 2(1) of the Development Charges Act, 1997 S.O. 1997 c.27 (hereinafter
called the Act) enables the council of a municipality by by-law to impose development charges
against land to pay for increased needs for services arising from development of the area to
which the by-law applies, for municipal services as designated in the by-law where any one or
more of the actions set out in subjection 2(2) of the Act, is required for such development;
AND WHEREAS the Council of The Corporation of the City of Brantford, at its meeting of
August 24, 2021 approved a report dated August 10, 2021 and entitled the "2021 Development
Charges Background Study", prepared by Bernson Consulting Ltd., wherein it is indicated that
City-wide development, as well as the development of the Northern Settlement Expansion Area
Lands and Tutela Heights Settlement Area, will increase the need for services as defined herein;
AND WHEREAS the Council of The Corporation of the City of Brantford has given notice in
accordance with Section 12 of the Act of its development charges proposal and held a public
meeting on September 14, 2021;
AND WHEREAS the Council of The Corporation of the City of Brantford has heard all
persons who applied to be heard no matter whether in objection to, or in support of, the said
by-law at a public meeting held on September 14, 2021;
AND WHEREAS the Council of The Corporation of the City of Brantford has given said
communications due consideration, and has determined that no further public meetings are
required in respect of the Development Charges Background Study and the Development Charges
By-law;
AND WHEREAS the Council of The Corporation of the City of Brantford in adopting
the Development Charges Background Study on August 24, 2021 directed that development
charges be imposed on land under development or redevelopment within the geographical limits
of the City of Brantford as hereinafter provided.
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE CITY
OF BRANTFORD ENACTS AS FOLLOWS:
1. The City ofBrantford Municipal Code Chapter 261 is amended with the substitution of
Appendix "A" to this By-law therefore.
2. By-law 32-2019, as it relates to all services with the exception of Parking, is hereby
repealed.
3. By-law 103-2021 is hereby repealed.
READ A FIRST TIME: October 26,2021
READ A SECOND TIME: October 26,2021
PASSED:
October 26,2021
MAYOR
·~··
..
261.1.1
Citation
Appendix "A"
CHAPTER261
DEVELOPMENT CHARGES
Article 1
SHORT TITLE
This Chapter may be cited as the "Development Charges By-law".
261.2.1
Act - defined
Article 2
INTERPRETATION
Page 3
"Act" means the Development Charges Act, 1997, S.O. 1997 c.27 and any regulations passed
thereunder.
261.2.2
Affordable Housing- defined
"affordable housing" has the same meaning as defined in the City of Brantford Municipal
Housing Facilities Bylaw 162-2003, as amended. [Bylaw 77-2010, June 28, 2010]
261.2.3
Apartment unit - dwelling - defined
"apartment unit" (or "apartment dwelling") means any dwelling unit within a building containing
five or more dwelling units sharing a common hall or halls and common entry.
261.2.4
Board of education - defined
"board of education" has the same meaning as that specified in the Education Act, R.S.O. 1990,
c.E.2 or any successor legislation.
261.2.5
Building permit
"building permit" means a permit allowing construction as required by the Building Code Act.
261.2.6
Building Code Act - defined
"Building Code Act" means the Building Code Act, S.O. 1992, C. 23, as amended.
261.2.7
Capital cost- defined
"capital cost" has the same meaning it has-in the Act.
261.2.8
City - defined
"City" means The Corporation of the City of Brantford.
261.2.9
Contaminated - defined
"Contaminated" means the presence of a contaminant in soil, sediment or ground water at a
property in concentrations that exceed the maximum concentrations set out in the applicable site
condition standards prescribed by Ministry of the Environment guidelines or regulations
approved under the Environmental Protection Act, R.S.O. 1990, c.E.19.
Page 4
261.2.10
Council - defined
"Council" means the Council of The Corporation of the City ofBrantford.
261.2.11
Credit - defined
"credit" means a development charge contribution recognized by the City where the City agrees
to allow a person to perform work that relates to a service to which the development charge by-
law relates.
261.2.12
Demolition permit - defined
"demolition permit" means a permit allowing demolition as required by the Building Code Act.
261.2.13
Development- defined
"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.
261.2.14
Development charge - defined
"development charge" means a charge imposed pursuant to this Chapter.
261.2.15
Development Charge Background Study - defined
"development charge background study" means a Development Charge Background Study
approved by the Council for the City of Brantford.
261.2.16
Dwelling unit- defined
"dwelling unit" has the same meaning as defined in the Zoning By-law. In the case of a special
care/special need dwelling, either a room or suite of rooms used, or designed or intended for use,
by one or more persons with or without exclusive sanitary and/or culinary facilities.
261.2.17
Environmental remediation - defined
"environmental remediation" means work carried out to remove contaminated substances from
soil, sediment or ground water on a property, including off-site disposal of such contaminated
substances but does not include environmental site assessments or the demolition of existing
buildings or structures. [Bylaw 77-2010, June 28, 2010]
261.2.18
Existing- defined
"existing" means existing at the time a development charge is payable with respect to the
development of a lot or a portion thereof or at any time in the 120 months prior thereto.
261.2.19
Existing industrial building - defined
"existing industrial building" has the same meaning as defined in the Act.
261.2.20
Fmm building - defined
"farm building" means that part of a bona fide farming operation encompassing barns, silo and
other ancillary development to an agricultural use, but excluding a residential use.
Page 5
261.2.21
Floor Area - defined
"floor area" means the amount of floor space within an apartment unit, including space occupied
by its interior partitions, measured to the interior face of walls separating the apartment unit from
the exterior and from the remainder of the building.
261.2.22
Front-ending agreement- defined
"front-ending agreement" means an agreement made under section 44 of the Act.
261.2.23
Grade - defined
"grade" has the same meaning as "finished grade level" as defined in the Zoning By-law.
261.2.24
Gross floor area - defined
"gross floor area" means the total area of all floors, above or below grade measured between the
outside of exterior walls or between the outside of exterior walls and the center line of party
walls dividing the building from another building.
261.2.25
Group Residence defined
"group residence" has the same meaning as defined in the Zoning Bylaw. Save and except that
for the purposes of this Development Charges By-law it shall include other uses defined in the
Zoning By-law as group home, group correctional home, group correctional residence, foster
home, crisis residence and a mini-group home, but shall not include any residential building on a
lot containing a dwelling unit or units otherwise defined in the Zoning By-law or this Chapter.
261.2.26
Industrial or industrial use - defined
"industrial or industrial use" has the same meaning as defined in the Zoning By-law.
261.2.27
Large apartment- defined
"large apartment" means an apartment unit having a floor area of more than 70 square metres.
261 .2.28
Level of service - defined
"level of service" means the prescribed level of service which forms part of the development
charges calculation in the Development Charge Background Study.
261.2.29
Local board - defined
"local board" has the same meaning as defined in the Act.
261.2.30
Lot - defined
"lot" has the same meaning as defined in the Zoning By-law.
261.2.31
Municipality - defined
"municipality" means The Corporation ofthe City ofBrantford.
261.2.32
Non-residential -use- defined
"non-residential" (or "non-residential use") means land and a building, or structure, or portion
thereof designed, adopted, intended or used for any purpose other than a residential or industrial
use as defined in this Chapter, and without restricting the generality of the foregoing, includes
use for a boarding house, a hotel, a motel, nursing home, home for the aged, retirement home and
monastery all as defined in the Zoning By-law but does not include a unit designed for combined
live/work uses.
Page 6
261.2.33
Northern Settlement Expansion Area Lands- defined
"Northern Settlement Expansion Area Lands" means the geographic area defined as the Northern
Settlement Expansion Area Lands as depicted on Schedule C to this by-law.
261.2.34
Owner - defined
"owner" means the owner of land or a person who has made application for an approval for the
development of land against_which a development charge is imposed.
261.2.35
Place of worship- defined
"place of worship" means that part of a building or structure that is exempt from taxation as a
place of worship under the Assessment Act, R.S.O. 1990, c. A.31, as amended or any successor
legislation.
261.2.36
Redevelop - defined
"redevelop" ("redeveloped", "redevelopment") includes the demolition of existing buildings and
structures or parts thereof pursuant to a valid demolition permit, if required and the construction
of replacement buildings and structures provided that a completed application for a building
permit for such replacement buildings and structures is submitted to the municipality within 120
months of the date of issue of the first demolition permit applicable to such existing buildings
and structures and also includes changes of use within existing buildings and structures.
261.2.37
Residential - defined
"residential" means any land. building or structure or portion thereof used, designed, adapted or
intended to be used for the purpose of a dwelling unit, a mobile home dwelling or a group
residence as defined in this Chapter.
261.2.3 8
Semi -detached dwelling - defined
"semi-detached dwelling" means a building located on a lot or lots, divided vertically by a party
or common wall to contain two dwelling units.
261.2.39
Services - defined
"services" (or "service") means those services designated in Schedules B-1 to B-3 of this
Chapter.
261.2.40
Servicing agreement- defined
"servicing agreement" means an agreement between an owner _and the municipality for the
provision of municipal services to specified land within the municipality.
261.2.41
Single detached dwelling - defined
"single detached dwelling" means a building located on a lot containing only one dwelling unit.
261.2.42
Small apartment - defined
"small apartment" means an apartment unit having a floor area equal to or less than 70 square
metres.
261.2.43
Special care/special need dwelling - defined "Special care/special need dwelling"
means a building:
a) Containing two or more dwelling units which units have a common entrance from street
level;
b) Where the occupants have the right to use in common with other occupants halls, stairs,
yards, common rooms and accessory buildings;
Page 7
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, laund1y,
housekeeping, nursing, respite care and attendant services are provided at various levels;
and
e) Special care/special need dwelling includes, but is not limited to, retirement homes,
nursing homes or lodges, chronic care facilities and hospices.
261.2.44
Statistics Canada Index - defined
"Statistics Canada Index" means that index published by Statistics Canada and known as the
"Statistics Canada Quarterly, Building Construction Price Index".
261.2.45
Tutela Heights Settlement Area- defined
"Tutela Heights Settlement Area" means the geographic area defined as the Tutela Heights
Settlement Area as depicted on Schedule C to this by-law.
261.2.46
Zoning By-law- defined
"Zoning By-law" means By-law 160-90 ofthe City ofBrantford, as amended.
Article 3
GENERAL PROVISIONS
261.3.1
Application - all land - within municipality
Page 8
Except as specifically indicated otherwise in this Chapter, this Chapter applies to all land in the
municipality, whether or not the land or its use is exempt from taxation under the Assessment
Act, as amended.
261.3.2
Designation of service
The categories of services for which development charges are established and imposed under this
by-law are described in Schedules B-1 to B-3.
261.3.3
Charge- increased services- approval- required
A development charge is payable by the owner pursuant to this Chapter for development that
reqmres:
a) the passing of a zoning by-law or an amendment thereto under section 34 of the Planning
Act, R.S.O. 1990, c.13;
b) the approval of a minor variance under section 45 of the Planning Act;
c) a conveyance ofland 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, 1998, S.O. 1998,
c.19;
g) the issuing of a permit under the Building Code Act, in relation to a building or structure.
261.3.4
Charge - calculation and payment
Development charges shall be calculated and payable in accordance with section 26, section 26.1
and section 26.2 of the Act.
261.3.5
Pe1mit- issue- after charge paid
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, and development charge has
been paid in full.
261.3.6
Charge- calculation and payment- plan of subdivision
Notwithstanding Section 261.3 .4, in accordance with Section 26(2) of the Act, the development
charge shall be payable with respect to an approval of a plan of subdivision under Section 51 of the
Planning Act or a consent under section 53 of the Planning Act immediately upon entering into a
consent agreement and prior to final approval of the consent.
261.3.7
Interest
The municipality may charge interest on the installments required by Section
26.1(3) ofthe Act from the date the development charge would have been payable in accordance
Page 9
with Section 26 of the Act to the date the installment is paid.
261.3.8
Interest- deferred payment
Where Section 26.2 (l)(a) or (b) of the Act applies, the municipality may charge interest on the
development charge from the date of the application referred to in the applicable clause to the
date the development charge is payable under Section 26.2(3) of the Act.
261.3.9
Interest - rates
The municipality may dete1mine, by Council resolution, interest rates in relation to Section
261.3.7 and 261.3.8 ofthis by-law.
261.3.10
Administration- calculation - collection
This bylaw shall be administered by the City ofBrantford. The Building Department of the City
shall be responsible for the calculation and collection of the applicable development charge
pursuant to this bylaw prior to issuance of applicable builder permit(s).
Article 4
DEVELOPMENT CHARGES
261.4.1
Calculation- collected- rates- set out
Page 10
Subject to the provisions of this Chapter, development charges against land shall be calculated
and collected in accordance with the rates referenced in Article 7, which relate to the services set
out in Section 261.3.2 of this Chapter.
261.4.2
Residential- based on number- type of unit
The development charge with respect to the use of any land, buildings or structures shall be
calculated, in the case of the development of residential uses, based upon the number and type of
dwelling units.
261.4.3
Group residence- single unit
In the case of a group residence, the development charge shall be calculated as a single dwelling
unit for so long as its definition and character as a group residence is maintained. In the event
that the building's status as a group residence is discontinued, altered, abandoned, removed from
a required register or converted to a use that is not a group residence then in the case of a
residential use each individual dwelling unit, less one, and in the case of all other uses, the
development charges payable shall be in accordance with the provisions of this Chapter.
261.4.4
Non-residential- based on- gross floor area
The development charge with respect to the use of any land, buildings or structures shall be
calculated, in the case of the development of non-residential uses, based upon the gross floor
area of the development.
261.4. 5
Industrial - based on - gross floor area - enlargements-cap
The development charge with respect to the use of any land, buildings or structures shall be
calculated and payable, in the case of the development of industrial uses, based upon the gross
floor area of the development except that:
a) if the gross floor area of an existing industrial building on a lot is enlarged by 50 per cent
or less, the amount of the development charge in respect of the enlargement is zero;
b) if the gross floor area of an existing industrial building is enlarged by more than 50 per
cent, 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:
1.
determine the amount by which the enlargement exceeds 50 per cent of the total
gross floor area before the enlargement;
u.
divide the amount determined under paragraph (b) (i) by the amount of the
enlargement.
c) for the purposes of this section, the gross floor area of an existing industrial building
shall be calculated as:
1.
the total gross floor area of the existing industrial building or buildings on the lot
existing prior to the issuance of any building permit permitting expansion on or
after the date this Chapter comes into force; or
Page 11
u.
the total gross floor area of the industrial building or buildings erected pursuant to
first building permit approved on a lot that was either vacant or created on or after
the date this Chapter comes into force;
d) the enlargement contemplated for the purposes of subsections (a), (b) and (c)
shall apply where such enlargement is attached to the existing industrial
building other than by means only of a tunnel, bridge, passageway, shared
below grade connection, foundation, footing, shared connected roof or parking
facility or any of them, and both the enlargement and the existing industrial
building are constructed on lands owned by the same beneficial owner;
e) the development charge calculated, collected and payable for an industrial use
shall not exceed the charge that would be payable where the gross floor area of the
industrial use is equal to 25 per cent of the lot area;
f) despite the provisions of this section, no fmther industrial development charge shall
be payable in respect of development on a lot that has previously paid development
charges under the provisions of this Chapter if the previous amount paid was the
equivalent of a land area rate.
261.4.6
Mixed-use - based on - type - as set out
The development charge with respect to the use of any land, buildings or structures shall be
calculated, in the case of a development which has residential (including affordable housing),
non-residential uses and industrial uses, or any combination of two or more of such uses, (mixed-
use developments), by application of Sections 261.4.2 to 261.4.5, inclusive, of this Chapter to
each respective component use. All exemptions rate reduction provisions ofthis Chapter apply
to any mixed-use development.
261.4.7
Service- enlargement- expansion- improvement
Council hereby determines that the development of land, buildings or structures for residential,
non-residential uses and industrial uses have required or will require the provision, enlargement,
expansion or improvement of the services referenced in Section 261.3.2 of this Chapter.
261.4.8
Redevelopment- other use- calculation
Despite Section 261.4.1, where an existing residential, non-residential use or industrial building
or structure is redeveloped to another such use or combination thereof the development charges
payable and calculated in accordance with Article 7 shall be reduced by deducting from the
development charges payable in respect of such redevelopment the amount obtained by applying
the rates set forth in Article 7 against the existing residential, non-residential or industrial
development to be demolished/convetted on the lot and in the case of an existing industrial
building or structure, the provisions of subsection 4.5 of this Article also apply except
subsections 4.5(a), (b), (c) and (d) where the development constitutes demolition in patt or whole
of the existing industrial building, provided there shall be no reduction to the extent that any
development charges relating to any such existing development remain unpaid.
261.4.9
Revocation or Cancellation of Building Permit - other use- calculation
Where upon the application for a building permit or the issuance of a building petmit, an amount is
paid toward all or part of the development charge payable under Article 4 of this Chapter or a
predecessor of that Article, that amount is to be refunded in the event that the application for the
building permit is abandoned or the owner requests a cancellation of the application or the building
permit prior to the commencement of construction of the development.
Page 12
261.4.10
Reduction- Brownfield propetties
Where a development charge is payable for the development or redevelopment of land and the
lands are located within the Brownfields Community Improvement Project Area as defined in
City ofBrantford By-law 19-2003 and representing the same area as the Residential Infill Area
depicted on ScheduleD to this By-law, the development charge payable shall be reduced by an
amount equal to the cost of the environmental remediation of the lands necessary for the
issuance of an affidavit that the lands are suitable for the proposed use, or the filing of a record
of site condition under the Environmental Protection Act, or for the cost of complying with any
certificate of property use issued under the Environmental Protection Act. To qualify for the
reduction, all environmental remediation work must have been carried out by qualified persons
as defined in the Environmental Protection Act and copies of the supporting documentation
must be provided to the City. The reduction shall be based on actual verified costs and shall be
net of any other grant that may have been provided by the City for the work that is subject to
the reduction under this section. The development charges owing for the applicable
development shall be reduced in accordance with this provision at the time that the
development charges are due and payable, regardless of change of ownership of the lands.
Nothing in this provision shall in any way limit the ability of the holder of a development
charge credit from transferring the benefit of that credit in accordance with the Act, subject to
the approval ofthe City.
261.4.11
Negative charge- calculated- no payment- no refund
Where the calculations contemplated by Sections 261.4.8 and 261.4.10 result in a negative amount
owing for development charges no development charge shall be payable and no money shall be
refunded to an owner.
261.5.1
Board of education
Article 5
EXEMPT LAND
Page 13
This Chapter shall not apply to land that is owned by and used for the purposes of a board of
education.
261.5.2
City -local board
This Chapter shall not apply to land that is owned by and used for the purposes of the City of
Brantford, or any local board thereof.
261.5.3
Farm building
This Chapter shall not apply to land that is owned by and used for the purposes of the
development of a farm building as defined in this Chapter.
261.5.4
Place ofworship- cemetery
This Chapter shall not apply to land that is owned by and used for the purposes of a place of
worship, a churchyard, cemetery and burial ground exempt from taxation under section 3 of the
Assessment Act, as amended.
261.5.5
Dwelling unit- additional- not created
This Chapter shall not apply to residential development on a lot where, by comparison with the
lot at any time within 120 months previous to the imposition of the charge, no additional
dwelling units are being created.
261.5.6
Affordable housing exemption
This Chapter shall not apply to development that creates affordable housing dwelling units,
including affordable housing dwelling units located within mixed-use developments, that meet
the definition of affordable housing and all required criterion as outlined in the City of Brantford
Municipal Housing Facilities By-law No. 162-2003, as amended.
261.5.7
Enlarged- dwelling unit- floor area limitation
This Chapter shall not apply to any development if the only effect of the development is to:
a) enlarge an existing dwelling unit;
b) create additional dwelling units as prescribed under OReg. 82198, subject to the
prescribed restrictions, in prescribed classes of existing residential buildings or
prescribed structures ancillary to existing residential buildings; or
c) create additional dwelling units in proposed new residential buildings as prescribed
under OReg. 82/98, including structures ancillary to dwellings, subject to the prescribed
restrictions.
261.5.1
Development Charges Exemption Area
This Chapter shall not apply to development on lands located within the boundary of the
"Development Charges Exemption Area" as shown on Schedule A to this Chapter, until such
time that an alternative mechanism or by-law is introduced by the City that addresses a
development charges exemption, reduction, or other incentive at this location.
Page 14
Article 6
SERVICE- INSTALLATION- STANDARD
261.6.1
Local service- installation- condition of agreement
Nothing in this Chapter prevents Council from requiring, as a condition of an agreement under
section 41, 51 or 53 ofthe 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 or that
the owner pay for local connections to water mains, sanitary sewers and/or stmm drainage
facilities installed at the owner's expense.
261.6.2
Single charge - multiple actions - required
Where two or more of the actions referenced in Section 261.3.3 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 Chapter.
261.6.3
Additional charges- multiple actions
Despite Section 261.6.2, if two or more of the actions described in Section 261.3.3 occur at
different times, and if the subsequent action results in development, additional development
charges shall be calculated and collected in accordance with the provisions of this Chapter.
Article 7
SCHEDULE OF CHARGES
261.7.1
Rates - charges - set out - categories
Page 15
Subject to the provisions of this Chapter, development charges shall be imposed against land on
development for residential and non-residential and shall be calculated and collected in
accordance Schedules B-1 to B-3 to this By-law.
Article 8
SERVICES IN LIEU
261.8.1
Substitution- for charge
Page 16
Council may authorize an owner to substitute the whole or such part of the development charge
applicable to the owner's development as may be specified in an agreement, by the provision at
the sole expense of the owner, of services in lieu.
261.8.2
Credit- against charges
The agreement set out in Section 261.8.1 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 otherwise applicable to the development, equal to the reasonable
cost to the owner of providing the services in lieu, provided such credit shall not exceed the total
development charge payable by an owner to the municipality.
261.8.3
Credit- against charges- extra capacity
No credit may be given for any part of the cost of work that relates to an increase in the level of
service that exceeds the City's 2011-2020 average.
261.8.4
Front-ending agreements- authorized
Council may enter into a front-ending agreement with any or all owners within a benefiting area
pursuant to section 44 of the Act, providing for the cost of the work to be borne by one or more
of the parties to the agreement and for those subsequently developing land within the area
defined in the agreement to reimburse some part of the costs.
Article 9
RESERVE FUND
261.9.1
Maintained- separate- for purpose collected
Page 17
Money received from payment of development charges shall be maintained in a separate reserve
fund for each service to which the development charge relates. The money may be spent only
for capital costs determined under section 5(1) of the Act.
261.9.2
Separate account- created- City
Council directs the Treasurer to deposit each development charge collected, together with
interest earned thereon, into a separate account for each service listed in Section 261.3.2 and in
proportion to the charges indicated.
261.9.3
Charge- unpaid- added to tax roll
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.
261.9.4
Charge- unpaid- collected as taxes- credited to fund
Where any unpaid development charges are collected as taxes under Section 261.9.3, the money
so collected shall be credited to the development charge reserve fund or funds referred to in
Section 261.9.1.
261.9.5
Fund- statement- annually- by Treasurer
On or before May 1 in each year, the Treasurer shall provide Council with the Statement
required under section 43 of the Act.
Article 10
FINANCIAL
261.10.1
Overpayment - due to repeal - amendment
Page 18
If the Ontario Land Tribunal repeals or amends this Chapter or orders the council of the
municipality to repeal or amend this Chapter, the Treasurer shall calculate forthwith the amount
of any overpayment to be refunded as a result of said amendment or repeal. If the municipality
is required to make a refund of any development charge pursuant to section 18 or 25 of the Act,
the Treasurer shall forthwith calculate the amount to be refunded.
261.10.2
Refund- paid to land owner
Refunds that are required to be paid under Section 261.10.1 shall be paid within the timeframe
specified in the Act by crediting the tax account of the lands in respect of which the development
charge was originally paid. Where the refund results in the creation of an overpayment in the
applicable tax account, the taxpayer shall have the option of receiving such overpayment or
allowing it to remain on the account. In the event that the development charge related to lands
which are exempt from municipal taxes, the refund shall be paid to the owner who made the
payment.
261.10.3 Refund- interest- calculation- procedure
Refunds that are required to be paid under Section 261.10.1 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 date on which the refund is paid;
b) the refund shall include the interest owed under this Aliicle;
c) interest shall be paid at the Bank of Canada rate on the day the by-law came into
force.
261.10.4
Interest rate- Bank of Canada- adjusted quarterly
The Bank of Canada interest rate in effect on the date of enactment of the enabling by-law shall
be adjusted on the next following business day to the rate established by the Bank of Canada on
that day, and shall be adjusted quatier-yearly thereafter on the first business day of January,
April, July and October to the rate established by the Bank of Canada on the day of the
adjustment.
261.10.5
Indexing- charges - annually- without amendment
The development charges set out in Schedules B-1 to B-3 shall be adjusted annually without
amendment to this Chapter, on the first day of January commencing January 1, 2020, in
accordance with the most recent change in the non-residential Construction Cost Index
(Toronto), Statistics Canada Quarterly, Building Construction Price Indexes.
..
261.11.1
Effective date
Article 11
REPEAL-ENACTMENT
Page 19
This Chapter shall come into force and effect on the date of the final passing of the enabling
bylaw.
261.11.2
Effective - term - unless repealed
This Chapter shall continue in force and effect for a term not to exceed five years from the date
of its enactment, unless it is repealed at an earlier date by subsequent bylaw.
261.11.3
Interpretation- Recitative Provisions
In the event that the Act is amended, any portions of this Chapter which consist of the recitation
of any provisions of the Act shall be deemed to have been automatically amended as necessary to
achieve compliance with such amendments.
Schedule A
City of Brantford
Development Charges Exemption Area
THI$'1$ SCHEDULE ''A' ro BYLAW NUMBER
DEVELOPMENT CHARGE EXEMPTION AREA.
Schedule B-1
City of Brantford
Schedule of Development Charges:
CITY-WIDE
Excluding NORTHERN SETTLEMENT EXPANSION AREA LANDS
and TUTELA HEIGHTS SETTLEMENT AREA
Residential Charge By Unit Type
Service
Singles &
Rows & Other
Large
Small
Apartment
Apartment
Semis
Multiples
(> 70 sq.m)
(= or <70 sq.m)
Fire Department
$700
$494
$367
$306
Police Service
$1,259
$888
$661
$550
Public Library
$875
$617
$459
$382
Parks & Recreation
$7,196
$5,077
$3,776
$3,145
Public Transit
$374
$264
$196
$163
Housing
$6,665
$4,702
$3,497
$2,913
Land Ambulance
$178
$126
$94
$78
Child Care
$957
$675
$502
$418
Development-Related Studies
$137
$97
$72
$60
Subtotal General Services
$18,341
$12,940
$9,624
$8,015
Services Related to a Highway
Roads & Related
$10,194
$7,192
$5,349
$4,456
Public Works: Buildings & Fleet
$333
$235
$115
$145
Water Services
$2,082
$1,469
$1,093
$910
Wastewater Services
$3,379
$2,384
$1,773
$1,477
Stormwater
$3,485
$2,459
$1,829
$1,523
Subtotal Engineered Services
$19,473
$13,739
$10,219
$8,511
TOTAL DEVELOPMENT CHARGE
$37,814
$26,679
$19,843
$16,526
Parking (By-law 32-2019)(1)
$518
$412
$307
$242
TOTAL DEVELOPMENT CHARGE
$38,392
$27,091
$20,150
$16,768
(including Parking charge)
Note (1): Parking development charges rates as per By-law 32-2019 to continue
to apply in addition to these development charges rates, until the earlier of
September 18, 2022 or adoption of a Community Benefits Charge By-law.
Non-Residential
Charge
Per Square
Metre of Gross
Floor Area
$3.53
$6.34
$0.00
$0.00
$1.88
$0.00
$0.89
$0.00
$0.69
$13.33
$3730
$1.68
$7.79
$12.65
$13.13
$72.55
$85.88
$2.66
$88.54
Schedule B-2
City of Brantford
Schedule of Development Charges:
NORTHERN SETTLEMENT EXPANSION AREA LANDS
Residential Charge By Unit Type
Service
Large
Small
Singles &
Rows & Other
Apartment
Apartment
Semis
Multiples
(> 70 sq.m)
(= or < 70 sq.m)
Fire Department
$700
$494
$367
$306
Police Service
$1,259
$888
$661
$550
Public Library
$875
$617
$459
$382
Parks & Recreation
$7,196
$5,077
$3,776
$3,145
Public Transit
$374
$264
$196
$163
Housing
$6,665
$4,702
$3,497
$2,913
Land Amb ulance
$178
$126
$94
$78
Child Care
$957
$675
$502
$418
Development- Related Stud ies
$137
$97
$72
$60
Subtotal General Services
$18,341
$12,940
$9,624
$8,015
Services Related to a Highway
Roads & Related
$12,856
$9,070
$6,746
$5,619
Public Works: BUildings & Fleet
$333
$235
$175
$145
Water Services
$11,594
$8,180
$6,084
$5,067
Wastewater Services
$9,467
$6,679
$4,968
$4,138
Stormwater
$2,988
$2,108
$1,568
$1,306
Subtotal Engineered Services
$37,238
$26,272
$19,541
$16,275
TOTAL DEVELOPMENT CHARGE
$55,579
$39,212
$29,165
$24,290
Parking (By-law 32-2019) (1)
$578
$412
$307
$242
TOTAL DEVELOPMENT CHARGE
$56,157
$39,624
$29,472
$24,532
(including Parking charge)
Note (1): Parking development charges rates as per By-law 32-2019 to continue to
apply in addition to these development charges rates, until the earlier of September
18, 2022 or adoption of a Community Benefits Charge By-law.
Page 22
Non-Residential
Charge
Per Square
Metre of Gross
Floor Area
$3.53
$6.34
$0.00
$0.00
$1.88
$0.00
$0.89
$0.00
$0.69
$13.33
$46.47
$1.68
$41.92
$34.23
$10.81
$135.11
$148.44
$2.66
$151.10
..
Schedule B-3
City of Brantford
Schedule of Development Charges:
TUTELA HEIGHTS SETTLEMENT AREA
Residential Charge By Unit Type
Service
Large
Singles &
Rows & Other
Semis
Multiples
Apart ment
(> 70 sq.m)
Fire Department
$700
$494
$367
Police Service
$1,259
$888
$661
Pub lic Library
$875
$617
$459
Parks & Recreation
$7,196
$5,077
$3,776
Public Transit
$374
$264
$196
Housing
$6,665
$4,702
$3,497
Land Ambu lance
$178
$126
$94
Ch ild Care
$957
$675
$502
Development- Related Stud ies
$137
$97
$72
Subtotal General Services
$18,341
$12,940
$9,624
Services Related to a Highway
Roads & Related
$10,194
$7,192
$5,349
Public Works: Buildings & Fleet
$333
$235
$175
Water Services
$7,094
$5,005
$3,722
Wastewater Services
$9,917
$6,996
$5,204
Stormwater
$1,883
$1,329
$988
Subtotal Engineered Services
$29,421
$20,757
$15,438
TOTAL DEVELOPMENT CHARGE
$47,762
$33,697
$25,062
Parking (By-law 32-2019)(1)
$578
$412
$307
TOTAL DEVELOPMENT CHARGE
$48,340
$34,109
$25,369
(including Parking charge)
Small
Apartment
(= or < 70 sq.m)
$306
$550
$382
$3,145
$163
$2,913
$78
$418
$60
$8,015
$4,456
$145
$3,100
$4,334
$823
$12,858
$20,873
$242
$21,115
Note (1): Parking development charges rates as per By-law 32-2019 to continue to
apply in addition to these development charges rates, until the earlier of September
18, 2022 or adoption of a Community Benefits Charge By-law.
Page 23
Non- Residential
Charge
Per Square
Metre of Gross
Floor Area
$3.53
$6.34
$0.00
$0.00
$1.88
$0.00
$0.89
$0.00
$0.69
$13.33
$37.30
$1.68
$32.38
$45.31
$8.70
$125.37
$138.70
$2.66
$141.36
,-
Schedule C
City of Brantford
Page 24
Map of Northern Settlement Expansion Area Lands and Tutela
Heights Settlement Area
0
0
1
2
4
Kilometres
Legend
Settlement Area Subject to Area Specific
Development Charges
Northern Settlement Expansion Area Lands
~- " I Tutela Heights Settlement Area
Note: The Settlement Area expansion is subject to
Provincial approval of the new City of Brantford
Official Plan.
('
0
0
2
4
Kilometres
Schedule "D"
City of Brantford
Map of Residential lnfill Area
Legend
CJ Residentiallnfill Area
Page 25