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The Corporation of the Municipality of Brockton
By-Law 2024-096
Being a By-Law to Impose Development Charges.
Whereas the Municipal Act S.O. 2001, c 25, Section 5(3), as amended provides that a municipal
power, including a municipality's capacity rights, powers and privileges under section 9, shall be
exercised by By-Law;
Whereas the Corporation of the Municipality of Brockton will experience growth through
development and redevelopment.
And whereas development will increase the need for municipal services as designated in this by-
law;
And whereas subsection 2(1) of the Development Charges Act, 1997 c. 27, as amended provides
that the council of a municipality may pass by-laws for the imposition of development charges
against land for increased capital costs required because of the need for services arising from
development in the area to which the by-law applies;
Now Therefore the Council of The Corporation of the Municipality of Brockton enacts as follows:
1.0
Definitions
1.1
"accessory use" means where used to describe a use, building, or structure that
the use, building or structure is naturally and normally incidental, subordinate in
purpose of floor area or both, and exclusively devoted to a principal use, building
or structure but is not an ancillary residential building.
1.2
"Act" means the Development Charges Act, 1997, c. 27, as amended.
1.3
"affordable residential unit" means a residential unit that meets the criteria set
out in subsection 4.1 of the Act.
1.4
"agreement" means a contract between the Corporation and an owner of land
and any amendment thereto.
1.5
"agricultural use" means the cultivation of land, the production of crops and the
selling of such products on the premises, and the breeding and care of livestock
and the selling of such livestock or the product of such livestock raised on the
premises, and without limiting the generality of the foregoing includes aviaries,
apiaries, fish farming, animal husbandry, and the raising and harvesting of field,
bush, or tree crops, market gardening, nurseries and greenhouses. However,
"agricultural use" does not include facilities for the permanent or temporary
housing of persons employed on the lot, a residential use, services related to the
grooming, boarding, or breeding of household pets and cannabis processing or
production.
1.6
"ancillary residential building" means a residential building or structure that
would be ancillary to a detached dwelling, semi-detached dwelling, or row
dwelling.
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1.7
"apartment unit" means any dwelling unit within a building containing three or
more dwelling units where access to each residential unit is obtained through a
common entrance or entrances from the street level and the residential units are
connected by an interior corridor and is not a special care or special dwelling unit.
1.8
"attainable residential unit" means a residential unit that meets the criteria set
out in subsection 4.1 of the Act.
1.9
"bedroom" means a habitable room which can be used as sleeping quarters, but
does not include a bathroom, living room, dining room or kitchen.
1.10
"benefiting area'' means an area defined by map, plan, or legal description in a
front-ending agreement as an area that will receive a benefit from the
construction of a service.
1.11
"Board of Education" means a board defined in s.s. 1 (1) of the Education Act as
amended.
1.12
"bona fide farm uses" means the proposed development will qualify as a farm
business operating with a valid Farm Business Registration Number issued by the
Ontario Ministry of Agriculture, Food and Rural Affairs and be assessed in the
Farmland Realty Tax Class by the Ontario Property Assessment Corporation.
1.13
"Building Code Act" means the Building Code Act, 1992 S.O. 1992, c.23, as
amended.
1.14
"Building Permit" means a permit pursuant to the Building Code Act.
1.15
"capital cost" means costs incurred or proposed to be incurred by the municipality
or a local board thereof directly or by others on behalf of, and as authorized by,
the municipality or local board,
1.15.1 to acquire land or an interest in land, including a leasehold interest;
1.15.2 to improve land;
1.15.3 to acquire, lease, construct or improve buildings and structures;
1.15.4 to acquire, lease, construct or improve facilities including,
1.15.4.1
rolling stock with an estimated useful life of seven years or
more,
1.15.4.2
furniture and equipment, other than computer equipment, and
1.15.4.3
materials acquired for circulation, reference or information
purposes by a library board as defined by the Public Libraries
Act R. 0 1990, c. 57 as amended and;
1.15.5 interest on money borrowed to pay for costs in 1.14.1 to 1.14.4 required
for the provision of services designated in this bylaw within or outside of
the Municipality.
1.15.6 To undertake studies in connection with any of the matters referred to in
1.14.1 to 1.14.4
1.16
"class of service" 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.
1.17
"commercial use" means any use of land, structures or buildings for the purposes
of buying or selling commodities and services, but does not include industrial or
agricultural uses, but does include hotels, motels, motor inns and boarding,
lodging and rooming houses.
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1.18
"Condominium Act" means the Condominium Act, 1998, S.O. 1998, Chap. c. 19 as
amended.
1.19
"Corporation" means the Corporation of the Municipality of Brockton;
1.20
"Council" means the Council of the Corporation of the Municipality of Brockton;
1.21
"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.
1.22
"development charges" means a charge imposed with respect to this by-law.
1.23
"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 bedrooms, culinary and sanitary facilities for
their exclusive use.
1.24
"exemption" means that no development charge is payable.
1.25
"farm building" means that part of a bona fide farming operation that is located
upon land which is assessed and used for farm purposes encompassing barns, silos
and other ancillary development to an agricultural use, but excluding a residential
use.
1.26
"floor" does not include a storey.
1.27
"floor above ground level" means any floor, the entire area of which is located
below the lowest level at which the land upon which the building or structure
stands abuts any land.
1.28
''floor below ground level" means any floor the entire area of which is located
below the lowest level at which the land upon which the building or structure
stands abuts any land.
1.29
"grade" means the average level of finished ground adjoining a building or
structure at all exterior walls.
1.30
"gross floor area" means
1.30.1 in the case of a residential building or structure, the total area of all floors
above grade of a dwelling unit measured between the outside surfaces of
exterior walls or between the outside surfaces of exterior walls and the
centre line of party walls dividing the dwelling unit from any other dwelling
unit or other portion of a building; and
1.30.2 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:
1.30.2.1 a room or enclosed area within the building or structure above
or below that is used exclusively for the accommodation of
heating,
cooling,
ventilating,
electrical,
mechanical
or
telecommunications equipment that service the building;
1.30.2.2 loading facilities above or below grade; and
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1.30.2.3 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;
1.31
"industrial use" means lands, buildings or structures used or designed or intended
for use for manufacturing, processing, fabricating or assembly of raw goods,
warehousing or bulk storage of goods, and includes office uses and the sale of
commodities to the general public where such uses are accessory to an industrial
use, but does not include the sale of commodities to the general public through a
warehouse club.
1.32
"institutional use" means any use of lands, building or structures intended for use:
1.32.1 as a long-term care home within the meaning of subsection 2 (1) of the
Long-Term Care Homes Act, 2007 as amended;
1.32.2 as a retirement home within the meaning of subsection 2 (1) of the
Retirement Homes Act, 2010 as amended;
1.32.3 by any of the following post-secondary institutions for the objects of the
institution:
1.32.3.1 a university in Ontario that receives direct, regular, and ongoing
operating funding from the Government of Ontario,
1.32.3.2 a college or university federated or affiliated with a university
described in subclause (i) or
1.32.3.3 an Indigenous Institute prescribed for the purposes of section 6
of the Indigenous Institutes Act, 2017 as amended.
1.32.4 as a memorial home, clubhouse, or athletic grounds by an Ontario branch
of the Royal Canadian Legion; or
1.32.5 as a hospice to provide end of life care.
1.33
"lawfully existing" means a building, the number, use and size that existed as of
the date this by-law was passed that:
1.33.1 that is not prohibited by a by-law passed under Section 34 of the Planning
Act, or a predecessor of that section; or
1.33.2 that is a legal non-conforming use; or
1.33.3 that is allowed by a minor variance authorized under Section 45 of the
Planning Act..
1.34
"Local Board" means a school board, public utility, commission, transportation
commission, public library board, board of park management, local board of
health, board of commissioners of police, planning board, or any other board,
commission, committee, body or local authority established or exercising any
power or authority under any general or special Act with respect to any of the
affairs or purposes, including school purposes, of the Corporation or any part or
parts thereof.
1.35
"local services" means those services, facilities or things which are under the
jurisdiction of the Corporation and are related to a plan of subdivision or within
the area to which the plan relates in respect of the lands under Sections 41, 51 or
53 of the Planning Act.
1.36
"mixed-use" means land, building or structures used or designed or intended for
a combination of non-residential use and residential use.
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1.37
"mobile home" means a dwelling unit that is designed to be mobile, and
constructed or manufactured to provide a permanent or seasonal residence for
one or more persons but does not include a trailer or tent trailer. A mobile home
shall be distinguished from other forms of prefabricated transportable housing by
reason of a design which permits and features ready transfer from place to place.
1.38
"multi-unit dwelling," means all dwellings, other than single detached, semi-
detached, apartment and special care dwellings and special dwelling units.
Stacked townhouses are multi-unit dwellings.
1.39
"net capital costs" means the capital cost, less capital grants, subsidies and other
contributions made to the Corporation or that the Council anticipates will be
made, including conveyances or payments under Sections 42, 52, and 53 of the
Planning Act, in respect of the capital costs.
1.40
"non-profit housing development" means development of a building or structure
intended for use as residential premises by:
1.40.1 a corporation without share capital to which the Corporations Act applies,
that is in good standing under that Act and whose primary object is to
provide housing;
1.40.2 a corporation without share capital to which the Canada Not-for-Profit
Corporations Act applies, that is in good standing under that Act and
whose primary object is to provide housing; or
1.40.3 a non-profit housing co-operative that is in good standing under the Co-
operative Corporations Act, or any successor legislation.
1.41
"non-residential use" means a building or structure of any kind whatsoever used
designed, or intended to be used for other than a residential use.
1.42
"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.
1.43
"park model trailer" means a manufactured building used or intended to be used
for residential occupancies designed and constructed in conformity with
CAN/CSA-Z241 Series M - "Park Model Trailers".
1.44
"place of worship" means that part of a building or structure that is exempt from
taxation as a place of worship under the Assessment Act, R.S.O. 1990 Chap. A.31,
as amended, or any successor thereof.
1.45
"Planning Act" means the Planning Act, 1990 R.S.O. 1990, c.P.13, as amended.
1.46
"prescribed index" means the price index as prescribed by regulation.
1.47
"redevelopment" means the construction, erection or placing of one or more
buildings on land where all or part of a building on such land has been previously
demolished or changing the use of all or part of a building from a residential
purpose to a non-residential purpose or form a non-residential purpose to a
residential purpose, or changing all or part of a building from one form of
residential development to another form of residential development or from one
form of non-residential development to another form of non-residential
development.
1.48
"regulation" means any regulation made pursuant to the Act.
1.49
"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.
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1.50
"residential dwelling unit" - means as defined by the Planning Act.
1.51
"residential use" means land, buildings or portions thereof used, designed, or
intended to be used as living accommodations for one or more individuals, and
shall include a single detached dwelling, a semi-detached dwelling, a multiple
dwelling, an apartment unit dwelling, a mobile home, a park model trailer, a
special care/special need dwelling, an ancillary residential building, dwelling units
on land that is used for an agricultural use, and the residential portion of a mixed-
use building. It does not include motels, hotels, tents, truck campers, tourist
trailers, mobile camper trailers, or boarding, lodging or rooming houses.
1.52
"retirement home or lodge" means a residential building or the portion of a mixed
use building which provides accommodation primarily for retired persons or
couples where each private bedroom or living accommodation has a separate
private bathroom and separate entrance from a common hall, but do not include
private culinary facilities and instead where common facilities for the preparation
and consumption of food are provided, and common lounges, recreation rooms
and medical care facilities may also be provided.
1.53
"rowhouse dwelling" means a building containing three or more attached
dwelling units in a single row, each of which dwelling units has an independent
entrance from the outside and is vertically separated from any abutting dwelling
unit.
1.54
"semi-detached dwelling" means a dwelling unit in a residential building
consisting of two dwelling units having one vertical wall or one horizontal wall,
but not other parts, attached or another dwelling unit where the residential units
are not connected by an interior corridor.
1.55
"service" means a service designed in Schedule "A" to this By-law and "services"
shall have a corresponding meaning.
1.56
"servicing agreement" means an agreement between a owner and the
Corporation relative to the provision of municipal services to specified land within
the Corporation.
1.57
"single detached dwelling" means a completely detached building containing only
one dwelling unit and not attached to another structure.
1.58
"special care and or special dwelling unit and or room" means a residence in an
assisted living facility:
1.58.1 Containing two or more dwelling rooms, which rooms have a common
entrance from street level; and
1.58.2 Where the occupants have the right to use in common with other
occupants, halls, stairs, yards, common room, and accessory buildings; and
1.58.3 That is designed to accommodate persons with specific needs, including
but not limited to, independent permanent living arrangements; and
where support services, such as meal preparation, grocery shopping,
laundry, housing, nursing, respite care and attending services are provided
at various levels but
1.58.4 Excludes group homes.
1.59
"Stacked townhouse dwelling" means a building containing two or more dwellings
where each dwelling unit is separated horizontally and/or vertically from another
dwelling unit by a common wall or floor.
1.60
"Zoning By-law" means the Zoning By-law of the Municipality of Brockton, or any
successor thereof passed pursuant to Section 34 of the Planning Act
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2.0
Designation of Services and Classes of Services
2.1
The categories of services and classes of services for which development charges
are imposed under this by-law are as follows:
2.1.1 Fire Services
2.1.2 Parks and Recreation
2.1.3 Public Works
2.1.4 Water Services
2.2
The components of services and classes of services designated in subsection 2.1
are described in Schedule A.
3.0
Application of By-law Rules
3.1
Development charges shall be payable in the amounts set out in this by-law
where:
3.1.1 the lands are located in the area described in subsection 3.2; and
3.1.2 the development of the lands requires any of the approvals set out in
subsection 3.4.1.
Area to Which By-law Applies
3.2
Subject to subsection 3.3, this by-law applies to all lands within the Municipality
of Brockton. Area specific charges apply to Development Area 2A and 2B, as
shown in Schedule B.
3.3
Notwithstanding clause 3.2 above, this by-law shall not apply to lands that are
owned by and used for the purposes of:
3.3.1 the municipality or a local board thereof:
3.3.2 a board of education;
3.3.3 the Corporation of the County of Bruce or a local board thereof;
3.3.4 land vested in or leased to a university or college that receives regular and
ongoing operating funds from the government for the purposes of post-
secondary education is exempt from development charges imposed under
the Act if the development in respect of which development charges
would otherwise be payable is intended to be occupied and used by the
university or college.
Approvals for Development
3.4
Development charges shall be imposed on all lands, buildings or structures that
are developed for residential or non-residential uses if the development requires:
3.4.1 the passing of a zoning by-law or of an amendment to a zoning by-law
under section 34 of the Planning Act;
3.4.2 the approval of a minor variance under section 45 of the Planning Act,
3.4.3 a conveyance of land to which a by-law passed under subsection 50(7) of
the Planning Act applies;
3.4.4 the approval of a plan of subdivision under section 51 of the Planning Act,
3.4.5 a consent under section 53 of the Planning Act;
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3.4.6 the approval of a description under section 50 of the Condominium Act,
R.S.O. 1990, Chap. C.26; as amended, or any successor thereof; or
3.4.7 the issuing of a permit under the Building Code Act in relation to a building
or structure.
3.5
No more than one development charge for each service designated in subsection
2.1 shall be imposed upon any lands, buildings or structures to which this by-law
applies even though two or more of the actions described in subsection 3.4 are
required before the lands, buildings or structures can be developed.
3.6
Despite subsection 3.5, if two or more of the actions described in subsection 3.4
occur at different times, additional development charges shall be imposed if the
subsequent action has the effect of increasing the need for services.
Rules with Respect to Exemptions for Intensification of Existing Housing
3.7
Notwithstanding the provisions of this By-law, development charges shall not be
imposed with respect to developments or portions of developments as follows:
3.7.1 the enlargement to an existing residential dwelling unit;
3.7.2 a second residential dwelling unit in an existing single detached dwelling,
semi-detached dwelling or rowhouse dwelling, if all buildings and
structures ancillary to the existing dwelling contain no more than one
residential dwelling unit;
3.7.3 a third residential dwelling unit in an existing single detached dwelling,
semi-detached dwelling, or rowhouse dwelling, if no buildings and
structures ancillary to the existing dwelling contains any residential
dwelling units;
3.7.4 one residential dwelling unit in a building or structure ancillary to an
existing single detached dwelling, semi-detached dwelling or rowhouse
dwelling, if the existing dwelling contains no more than two residential
dwelling units and no other buildings or structures ancillary to the dwelling
contain any residential dwelling units;
3.7.5 a second residential unit in a new single detached dwelling, semi-detached
dwelling or rowhouse dwelling, if all buildings and structures ancillary to
the existing dwelling contain no more than one residential dwelling unit;
3.7.6 a third residential unit in a new single detached dwelling, semi-detached
dwelling, or rowhouse dwelling, if no buildings and structures ancillary to
the existing dwelling contains any residential dwelling units;
3.7.7 one residential dwelling unit in a building or structure ancillary to a new
single detached dwelling, semi-detached dwelling or rowhouse dwelling,
if the existing dwelling contains no more than two residential dwelling
units and no other buildings or structures ancillary to the dwelling contain
any residential dwelling units;
3.7.8 the creation of additional residential dwelling units equal to the greater of
one or 1 % of the existing residential dwelling units in an existing
residential rental building containing four or more dwelling units or
prescribed ancillary structure to the existing residential building;
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Rules with Respect to Industrial Expansion Exemptions
3.8
For the purpose of section 3.9, "existing industrial building" is used as defined in
the Regulation made pursuant to the Act.
3.9
If an industrial development includes the enlargement of the gross floor area of
an existing industrial building, the amount of the development charges that is
payable in respect of the enlargement is determined in accordance with the
following:
3.9.1 Subject to subsection 3.9.3; if the gross floor area is enlarged by 50 percent
or less of the lesser of:
3.9.1.1 the gross floor area of the existing industrial building, or
3.9.1.2 the gross floor area of the existing industrial building before the
first enlargement for which:
3.9.1.2.1 an exemption from the payment of development
charges was granted, or
3.9.1.2.2 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;
3.9.2 Subject to subsection 3.9.3, if the gross floor area is enlarged by more than
50 per cent of the lesser of:
3.9.2.1 the gross floor area of the existing industrial building, or
3.9.2.2 the gross floor area of the existing industrial building before the
first enlargement for which:
3.9.2.2.1 an exemption from the payment of development
charges was granted, or
3.9.2.2.2 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:
3.9.2.2.3 determine the amount by which the enlargement
exceeds 50 per cent of the gross floor area before the
first enlargement, and
3.9.2.2.4 divide the amount determined under subsection
3.9.2.2.3 by the amount of the enlargement;
3.9.3 For the purposes of calculating the extent to which the gross floor area of
an existing industrial building is enlarged, the cumulative gross floor area
of any previous enlargements for which:
3.9.3.1 An exemption from the payment of development charges was
granted, or
3.9.3.2 A lesser development charge than would otherwise be payable
under this by- law, or predecessor thereof, was paid,
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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.
3.9.4 For the purposes of this subsection, the enlargement must not be attached
to the existing industrial building by means only of a tunnel, bridge,
passageway, canopy, shared below grade connection, such as a service
tunnel, foundation, footing or parking facility.
Other Exemptions
3.10
Notwithstanding the provisions of this by-law, development charges shall not be
imposed with respect to:
3.10.1 Lands, buildings or structures used or to be used for a place of worship or
for the purposes of a cemetery or burial ground exempt from taxation
under the Assessment Act.
3.10.2 The development of non-residential farm buildings constructed for bona
fide farm uses.
3.10.3 Non-profit housing development.
3.10.4 Affordable housing units required pursuant to section 34 and 16(4) of the
Planning Act (Inclusionary Zoning).
3.10.5 Affordable residential units and attainable residential units.
3.10.6 Uninhabited accessory structures associated with residential dwellings.
3.10.7 Non-residential development within the East Ridge Business Park where
the lands were serviced and developed by the Municipality of Brockton.
3.10.8 Institutional developments as defined in this bylaw.
3.10.9 Rental housing developments as defined in this bylaw.
3.10.10 Developments with Site Plan or Plan of Subdivision or Plan of
Condominium agreements that were signed prior to the date of passage
of this bylaw; where building permits are obtained within 18 months of
the date of the passage of this bylaw. Notwithstanding the foregoing,
blocks within registered plans of subdivision that will be subject to further
development agreements will not be exempt from the payment of
development charges. For further clarity, any building permits associated
with a development obtained beyond 18 months of the date of the
passage of this bylaw are not exempt from the payment of development
charges.
Rules with Respect to Rental Units Reduction
3.11
Notwithstanding any other provision of this By-law, the Development Charges
payable for rental housing developments, as defined in the Act, will be reduced
based on the number of bedrooms in each unit as follows:
3.11.1 Three or more bedrooms - 25% reduction.
3.11.2 Two bedrooms - 20% reduction.
3.11.3 All other bedroom quantities - 15% reduction.
Amount of Charges
Residential
3.12
The development charges set out in Schedule C shall be imposed on residential
uses of lands, buildings, or structures, including a dwelling unit accessory to a non-
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residential use and, in the case of a mixed-use building or structure, on the
residential uses in the mixed-use building or structure, according to the type of
residential unit, and calculated with respect to each of the services according to
the type of residential use.
Non-Residential
3.13
The development charges described in Schedule C to this by-law shall be imposed
on non-residential uses of lands, buildings, or structures, and, in the case of a
mixed-use building or structure, on the non-residential uses in the mixed-use
building or structure, and calculated with respect to each of the services according
to the gross floor area of the non-residential use.
Reduction of Development Charges for Redevelopment
3.14
Despite any other provisions of this by-law, where, as a result of the
redevelopment of land, a building or structure existing on the same land within 5
years prior to the date of payment of development charges in regard to such
redevelopment was, or is to be demolished, in whole or in part, or converted from
one principal use to another principal use on the same land, in order to facilitate
the redevelopment, the development charges otherwise payable with respect to
such redevelopment shall be reduced by the following amounts:
3.14.1 in the case of a residential building or structure, or in the case of a mixed-
use building or structure, the residential uses in the mixed-use building or
structure, an amount calculated by multiplying the applicable
development charge under subsection 3.12 by the number, according to
type, of dwelling units that have been or will be demolished or converted
to another principal use; and
3.14.2 in the case of a non-residential building or structure or, in the case of a
mixed-use building or structure, the non-residential uses in the mixed-use
building or structure, an amount calculated by multiplying the greater of
the applicable development charges under subsection 3.13 by the gross
floor are that has been or will be demolished or converted to another
principal use;
provided that such amounts shall not exceed, in total, the amount of the
development charges otherwise payable with respect to the redevelopment.
Redevelopment of Land - Demolition
3.15
In the case of the demolition of all or part of a building or structure associated
with a development on a singular and certain parcel of land:
3.15.1 a credit shall be allowed against the development charges otherwise
payable, provided a demolition permit for a residential building or
structure has been issued and not revoked, and a building permit issued
for the redevelopment within 5 years from the date the demolition permit
for the residential building or structure was issued. If a demolition permit
is not required, the owner must provide notice to the Corporation of the
demolition occurring within 5 business days of the demolition and the date
of notice will be used.
3.15.2 a credit shall be allowed against the development charges otherwise
payable, provided a demolition permit for a non-residential building or
structure has been issued and not revoked, and a building permit issued
for the redevelopment within 5 years from the date the demolition permit
for the non-residential building or structure was issued.
3.16
Development charges imposed under this By-law are calculated, payable, and
collected on the date a building permit is issued in respect of the building or
structure for which the owner has made a building permit application, unless the
development charge is to be paid at a different time under Section 26 or Section
26.1 of the Act, or is to be paid or has been paid at a different time under an
agreement pursuant to Section 27 of the Act.
3.17
Notwithstanding subsection 3.16 development charges for rental housing and
institutional developments are due and payable in 6 equal annual payments
commencing with the first instalment payable on the earlier of the date the first
occupancy permit is granted or the date of first occupancy, and each subsequent
instalment, including interest calculated in accordance with the Act.
3.18
Where the development of land results from the approval of a site plan or zoning
by-law amendment received on or after January 1, 2020, and the approval of the
application occurred within two years of building permit issuance, the
development charges under subsections 3.16 and 3.17 shall be calculated on the
rates set out in Schedule C on the date of the planning application, including
interest as per the Act. Where both planning applications apply, development
charges under subsections 3.16 and 3.17 shall be calculated on the rates, including
interest as provided in the Act, payable on the anniversary date each year
thereafter, set out in Schedule C on the date of the later planning application,
including interest.
3.19
Despite sections 3.16 to 3.18, Council from time to time, and at any time, may
enter into an agreement with an owner to provide for the payment in full of
development charges before building permit issuance or later than the issuing of
a building permit, in accordance with section 27 of the Act.
3.20
Despite sections 3.16 to 3.19 Council may, by agreement, give a credit towards a
development charge in exchange for work that relates to a service to which a
development charge relates under this by-law.
4.0
Payment
4.1
Payment of development charges shall be by debit, bank draft or certified
cheque or as otherwise approved at the sole discretion of the Chief Financial
Officer of the Municipality.
5.0
Local Service Installation
5.1
Nothing in this by-law prevents Council from requiring, as a condition of an
agreement under Section 51 or 53 of the Planning Act that the owners, at his or
her own expense, shall install or pay for such local services, within the Plan of
Subdivision or within the area to which the plan relates, as Council may require.
6.0
Unpaid Development Charges
6.1
If development charges, or any part thereof, remain unpaid after the due date,
the amount unpaid shall be added to the tax roll and shall be collected as taxes.
6.2
If any unpaid development charges are collected as taxes in accordance with
section 6.1, the monies so collected shall be credited to the appropriate
development charge reserve fund.
7.0
Indexing
7.1
Development charges imposed pursuant to this by-law shall be adjusted
annually, without amendment to this by-law, commencing on January 1, 2026
and annually thereafter, in accordance with the prescribed index in the Act.
Time of Calculation and Payment of Development Charges
- 12 -
- 13 -
8.0
Schedules
8.1
The following schedules shall form part of this by-law:
8.1.1 Schedule A: Components of Services and Classes of Services Designated
in Subsection 2.1.
8.1.2 Schedule B: Map of Development Areas 2A and 2B Development Charge
Service Area.
8.1.3 Schedule C: Residential and Non-Residential Development Charges.
9.0
Conflicts
9.1
Where the Corporation and an owner or former owner have entered into an
agreement with respect to land within the area to which this by-law applies, and
a conflict exists between the provisions of this by-law and such agreement, the
provisions of the agreement shall prevail to the extent that there is a conflict.
10.0
By-law Registration
10.1
A certified copy of this by-law may be registered on title to any land to which
this by-law applies.
11.0
By-law In Force
11.1
This by-law shall come into effect on the date of passage hereof January 14, 2025.
12.0
Date By-law Expires
12.1
This by-law will expire at 12:01 AM on January 14, 2034 unless it is
repealed by Council at an earlier date.
13.0
Severability
13.1
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.
14.0
This By-Law may be cited as the "Development Charges By-Law".
Read a First and Second Time and Provisionally Adopted this 10th day of December, 2024.
Original Signed By
Mayor - Chris Peabody
Original Signed By
Director of Legislative and Legal Services (Clerk)
- Fiona Hamilton
Read a Third Time and Finally Passed this 14th day of January, 2025.
Original Signed By
Mayor - Chris Peabody
Original Signed By
Director of Legislative and Legal Services (Clerk)
- Fiona Hamilton
- 14 -
Schedule "A" to Bylaw No. 2024-096
Designated Municipal Services under this By-law
Municipal-Wide Services:
-
Fire Services
-
Parks and Recreation
-
Public Works
Development Area 2A and 2B Services:
-
Water Services
- 15 -
Schedule "B" to Bylaw No. 2024-096
Map of Development Area 2A and 2B Service Area
- 16 -
Schedule "C" to Bylaw No. 2024-096
Schedule of Residential and Non-Residential Development Charges
Development Charge
Service Area
Service Category
Single &
Semi-
detached
(charge
per unit)
Multi-
Unit
(charge
per unit)
Apartment
- 2 and 2+
bedrooms
(charge per
unit)
Apartment - 1
bedroom,
bachelor
(charge per
unit)
Non-
Residential
(charge per
sqft)
Municipal-Wide
Fire
929
599
548
454
0.63
Municipal-Wide
Parks and
Recreation
950
612
560
464
-
Municipal-Wide
Public Works
2,739
1,766
1,616
1,338
1.18
Development Areas 2A
and 2B
Water
19,092
12,306
11,262
9,323
8.75
Municipal-Wide
Total
4,618
2,977
2,724
2,256
1.81
Development Areas 2A
and 2B
Total
23,710
15,283
13,986
11,579
10.55