Development Charges By-law 083-2025

Brockville, Ontario

This is the exact embedded text of the captured official document. Snapshot 6352e7dd5928 · verified 2026-06-10 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 1 THE CORPORATION OF THE CITY OF BROCKVILLE BY-LAW NO. 083-2025 2025 DEVELOPMENT CHARGES BY-LAW A By-law to Establish Development Charges for the Corporation of the City of Brockville 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 increased need for services arising from development in the area to which the by-law applies; and WHEREAS the Council of the Corporation of the City of Brockville, at its meeting of March 4, 2025, approved a report entitled City of Brockville 2024 Development Charges Background Study, as amended; and WHEREAS the Council has given Notice in accordance with Section 12 of the Development Charges Act, 1997 of its development charges proposal and held a public meeting on March 4, 2025; and WHEREAS the Council has heard all persons who applied to be heard in objection to, or in support of, the development charges proposal at such public meeting and provided a subsequent period for written communications to be made; and WHEREAS the Council, in adopting the City of Brockville 2024 Development Charges Background Study, dated December 23, 2024, as amended, directed that development charges be imposed on land under development or redevelopment within the geographical limits of the municipality as hereinafter provided. Now, therefore, the Council of the Corporation of the City of Brockville enacts as follows: 1. DEFINITIONS In this by-law, a) "Act," means the Development Charges Act, 1997, S.O. 1997, c. 27, as amended; City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 2 b) "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; c) "Affordable Residential Unit" shall mean a Residential Unit that meets the criteria set out in the Act; d) "Agricultural Use" means a Bona Fide Farm operation; e) "Ancillary Residential Use" shall mean a Residential Dwelling that would be ancillary to a Single Detached Dwelling, Semi-Detached Dwelling, or Row Dwelling; f) "Apartment Unit" means any residential unit within a building containing five 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 include stacked townhouses; g) "Attainable Residential Unit" shall mean a Residential Dwelling that meets the criteria set out in the Act; h) "Bedroom" means a habitable room which can be used as sleeping quarters, but does not include a bathroom, living room, dining room or kitchen; i) "Board of Education" means a board defined in subsection 1(1) of the Education Act; j) "Bona Fide Farm Uses" shall mean the proposed development that 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; k) "Building Code Act" shall mean the Building Code Act, S.O. 1992, as amended, or any successor thereof; l) "Cannabis" shall mean: (a) A Cannabis Plant; City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 3 (b) Any part of a Cannabis Plant, including the phytocannabinoids produced by, or found in, such a plant, regardless of whether that part has been processed or not; (c) any substance or mixture of substances that contains or has on it any part of such a plant; and (d) any substance that is identical to any phytocannabinoid produced by, or found in, such a plant, regardless of how the substance was obtained. m) "Cannabis Plant" means a plant that belongs to the genus "Cannabis"; n) "Cannabis Production Facilities" means a building, or part thereof, designed, used, or intended to be used for one or more of the following: cultivation, growing propagation, production, processing, harvesting, testing, alteration, destruction, storage, packaging, shipment or distribution of cannabis where a licence, permit or authorization has been issued under applicable federal law but does not include a Building or part thereof solely designed, used, or intended to be used for retail sales of cannabis. o) "Capital Cost" shall mean 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, (a) to acquire land or an interest in land, including a leasehold interest, (b) to improve land, (c) to acquire, lease, construct or improve buildings and structures, (d) to acquire, construct or improve facilities including, (i) furniture and equipment other than computer equipment, and (ii) material acquired for circulation, reference or information purposes by a library board as defined in the Public Libraries Act, R.S.O. 1990, Chap. P.44, as amended, or any successor thereof; and (iii) rolling stock with an estimated useful life of seven years or more, and (e) to undertake studies in connection with any matter under the Act and any of the matters in clauses (a) to (d) above, including the development charge background study required for the provision of services designated in this By- law within or outside the municipality, including City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 4 interest on borrowing for those expenditures under clauses (a) to (e) above that are growth-related. p) "Commercial" means any use of land, structures, or buildings for the purposes of buying or selling commodities and services, but does not include industrial or agricultural uses, but does include hotels, motels, motor inns and boarding, lodging and rooming houses; q) "Council" means the Council of the Corporation of the City of Brockville; r) "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 of usability thereof, and includes redevelopment; s) "Development Charge" means the charge imposed pursuant to this by-law; t) "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; u) "Existing" means existing as of the date of the passing of this By-law; v) "Farm Building" shall mean a building or structure associated with and located on land devoted to the practice of farming and that is used essentially for the housing of farm equipment or livestock or the production, storage or processing of agricultural and horticultural produce or feeds and as part of or in connection with a bona fide farming operation and includes barns, silos and other buildings or structures ancillary to that farming operation, including greenhouses, but excludes: (a) a residential use, with the exception of a bunk house for seasonal farm workers required for that farm operation; and (b) any building or portion thereof used or intended to be used for any other Non- Residential Use, including, but not limited to: retail sales; commercial services; restaurants; banquet facilities; hospitality and accommodation facilities; gift shops; contractors' shops; services related City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 5 to grooming, boarding, or breeding of household pets; and alcohol and marijuana production facilities. w) "Grade" means the average level of finished ground adjoining a building at all exterior walls; x) "Greenhouse'' shall mean the use of a building or structure for the growing of such items as flowers, bushes, shrubs, trees, plants, fruits, vegetables, and other types of nursery stock for wholesale or retail purposes. Such use may also include the retail sale of greenhouse products customarily, incidental, subordinate, and exclusively, devoted to the principal use, located on the same lot therein. A retail space accessory to a greenhouse shall have a maximum retail floor area of 75 square metres. y) "Gross Floor Area" means: (a) 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 (b) 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: (i) 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; (ii) outdoor loading facilities above grade; and (iii) 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, but does not include showrooms. z) "Hospice" means a building or portion of a mixed-use building designed and intended to provide palliative care and emotional support to the terminally ill in City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 6 a home or homelike setting so that quality of life is maintained, and family members may be active participants in care; aa) "Hospital" means land, buildings, or structures used, or designed or intended for use as defined in the Public Hospitals Act, R.S.O. 1990, c. P.40, as amended; bb) "Industrial" means lands, buildings or structures used or designed or intended for use for manufacturing, processing, fabricating or assembly of raw goods, warehousing or bulk storage of goods, and includes office uses and the sale of commodities to the general public where such uses are accessory to an industrial use, but does not include the sale of commodities to the general public through a warehouse club; cc) "Institutional" means land, buildings, structures, or any part thereof used by any organization, group, or association for promotion of charitable, educational, or benevolent objectives and not for profit or gain. For the purposes of s.s.7(2) herein, means development of a building or structure intended for use, (a) as a long-term care home within the meaning of subsection 2 (1) of the Fixing Long-Term Care Act, 2021; (b) as a retirement home within the meaning of subsection 2 (1) of the Retirement Homes Act, 2010; (c) by any of the following post-secondary institutions for the objects of the institution: (i) a university in Ontario that receives direct, regular, and ongoing operation funding from the Government of Ontario; (ii) a college or university federated or affiliated with a university described in subclause (i); or (iii) an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institute Act, 2017; (d) as a memorial home, clubhouse, or athletic grounds by an Ontario branch of the Royal Canadian Legion; or City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 7 (e) as a hospice to provide end of life care. dd) "Interest" means the annual rate of interest calculated at the City's 10-year borrowing rate; ee) "Live-work Unit" means a Building, or part of thereof, which contains, or is intended to contain, both a Dwelling Unit and non-residential unit and which is intended for both Residential Use and Non-residential Use concurrently, and shares a common wall or floor with or without direct access between the residential and non-residential uses; ff) "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 municipality or any part or parts thereof; gg) "Local Services" means those services, facilities or things which are under the jurisdiction of the City of Brockville 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, or any successor thereof; hh) "Long-term Care Home" means a residential building or the residential portion of a mixed-use building within the meaning of subsection 2 (1) of the Fixing Long-Term Care Act, 2021; ii) "Maximum Interest Rate" shall mean on a particular date, the mean, rounded to the nearest hundredth of a percentage point, of the annual rates of interest announced by each of the Royal Bank of Canada, The Bank of Nova Scotia, the Canadian Imperial Bank of Commerce, the Bank of Montreal and The Toronto-Dominion Bank to be its prime or reference rate of interest in effect on that date for determining interest rates on Canadian dollar commercial loans by that bank in Canada, adjusted on the first business day of every January, April, July, and October, plus one percentage point; City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 8 jj) "Minimum Interest Rate" means the interest rate of the Bank of Canada on the day the by-law comes into force, updated on the first business day of every January, April, July, and October; kk) "Mixed Use Development" means a building that is used, designed, and/or designated to be used for both residential and non-residential purposes, including, but not limited to a Live-work Unit; ll) "Multiple Dwellings" means all dwellings other than Single-detached Dwelling, Semi-detached Dwelling, and Apartment unit dwellings; mm) "Municipality" means the Corporation of the City of Brockville; nn) "Non-profit Housing Development" means development of a building or structure intended for use as residential premises by: (a) a corporation without share capital to which the Corporations Act applies, that is in good standing under that Act and whose primary object is to provide housing; (b) 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 (c) a non-profit housing co-operative that is in good standing under the Co- operative Corporations Act; oo) "Non-Residential Use" means land, buildings, or structures or portions thereof used, or designed or intended for a use other than a residential use; pp) "Official Plan" means the Official Plan adopted for the municipality, as amended, and approved; qq) "On-Farm Diversified Use" means a use, occurring entirely and exclusively within a detached building that is secondary and subordinate to the active and principle agricultural use occurring on a property. Such uses shall be integrated within a farm cluster of buildings which must include a dwelling, and may include, but are not limited to, uses that produce value added agricultural products or provide a service that is supportive of regional agri- business; City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 9 rr) "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; ss) "Planning Act" means the Planning Act, R.S.O. 1990, c. P.13, as amended; tt) "Rate" means the interest rate established weekly by the Bank of Canada based on Treasury Bills having a term of 91 days; uu) "Redevelopment" means the construction, erection or placing of one or more buildings or structures on land where all or part of a building or structure has previously been demolished on such land, or changing the use of a building or structure from residential to non-residential or from non-residential to residential; vv) "Regulation" means any regulation made pursuant to the Act. ww) "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; xx) "Residential Dwelling" means a building, occupied or capable of being occupied as a home, residence or sleeping place by one or more persons, containing one or more dwelling units but not including motels, hotels, tents, truck campers, tourist trailers, mobile camper trailers or boarding, lodging or rooming houses; yy) "Residential Use" means the use of a building, structure, or portion thereof for one or more dwelling units. This also includes a dwelling unit on land that is used for an agricultural use; zz) "Retirement Home" means a residential building or the residential 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 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; City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 10 aaa) "Row 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; bbb) "Rowhouse" shall mean 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; ccc) "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 unit are not connected by an interior corridor; ddd) "Service" means a service an/or class of service designed in Schedule "A" to this By-law, and "services" shall have a corresponding meaning; eee) "Servicing Agreement" means an agreement between a landowner and the Municipality relative to the provision of municipal services to specified land within the Municipality; fff) "Single-detached Dwelling" means a dwelling containing only a dwelling unit, or a dwelling unit and an accessory apartment, and not attached to another structure; ggg) "Stacked Townhouse" means a building, other than a Duplex, Row Dwelling, or Back-to-Back Townhouse, containing at least two or more dwelling units; each dwelling unit separated from the other vertically and/or horizontally and each dwelling unit having a separate entrance to grade; hhh) "Temporary Building or Structure" means a building or structure constructed or erected or placed on land for a continuous period not exceeding eight months, or an addition or alteration to a building or structure that has the effect of increasing the gross floor area thereof for a continuous period not exceeding eight months and includes a temporary garden centre, sales trailers and temporary office trailers, but excludes a mobile home; iii) "Zoning By-Law" means the Zoning By-Law of the Municipality or any successor thereof passed pursuant to Section 34 of the Planning Act. City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 11 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 services set out in Schedule "A". (2) The development charge with respect to the use of any land, buildings or structures shall be calculated as follows: (a) In the case of residential development, the development charges set out in Schedule "B" shall be imposed on residential uses of lands, buildings or structures, including a dwelling unit accessory to a non- residential use and, in the case of a mixed-use building or structure, on the residential uses in the mixed use building or structure, and the residential portion for a Live-Work unit, according to the type of residential unit, and calculated with respect to each of the services according to the type of residential use. (b) In the case of non-residential development, the development charges described in Schedule "B" to this by-law shall be imposed on non- residential uses of lands, buildings or structures, and, in the case of a mixed-use building or structure, on the non-residential uses in the mixed-use building or structure, and the non-residential portion for a Live-Work unit, and calculated with respect to each of the services according to the Gross Floor Area of the non-residential use. (3) Council has hereby determined that the development of land, buildings, or structures for residential or non-residential uses will require the provision, enlargement, expansion, or improvement of the services referenced in Schedule "A". 3. APPLICABLE LANDS (1) Subject to Section 6, this by-law applies to all lands in the Municipality, whether or not the land or use is exempt from taxation under Section 3 of the Assessment Act, 1990, c. A. 31. (2) Notwithstanding the provisions of this By-law, development charges shall not be imposed with respect to land that is owned by and used for purposes of: City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 12 (a) the Municipality, or any local board thereof; and (b) a board of education as defined in subsection 1(1) of the Education Act. 4. APPLICATION OF CHARGES (1) Development charges shall be imposed on all lands, buildings, or structures that are developed for residential or non-residential uses if the development requires: (a) the passing of a zoning by-law or of an amendment to a zoning by-law under Section 34 of the Planning Act; (b) the approval of a minor variance under Section 45 of the Planning Act; (c) a conveyance of land to which a by-law passed under Subsection 50(7) of the Planning Act applies; (d) the approval of a plan of subdivision under Section 51 of the Planning Act, a consent under Section 53 of the Planning Act, (e) 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 (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 local services as described in subsection 59(2) (a) and (b) of the Act; 5. MULTIPLE CHARGES (1) Where two or more of the actions described in Section 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 Section 4(1) occur at different times, and if the subsequent action has the City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 13 effect of increasing the need for municipal services as designated in Schedule "A", an additional development charge on the additional residential units and/or non-residential gross floor area shall be calculated and collected in accordance with the provisions of this By-law. 6. EXEMPTIONS (1) Section 2 of this by-law shall not apply to that category of exempt development described in subsection 2(3) of the Act, namely: (a) the enlargement of an existing dwelling unit; (b) the creation of one or two additional dwelling units in an existing single- detached dwelling, or ancillary to it, provided the total gross floor area of the additional one or two units does not exceed the gross floor area of the existing dwelling unit; or (c) the creation of one additional dwelling unit in any other type of existing residential building, or ancillary to it, provided that: (i) in the case of a semi-detached dwelling, the gross floor area of the additional dwelling unit does not exceed the gross floor area of the existing dwelling unit already contained in the residential dwelling, and (ii) in the case of all other types of existing residential buildings, the gross floor area of the additional dwelling unit does not exceed the gross floor area of the smallest existing dwelling unit already contained in the residential building. (2) Section 2 of this by-law shall not apply to that category of exempt development described in Section 4 of the Act, and Section 1 of O.Reg. 82/98, namely: (a) the enlargement of the gross floor area of an existing industrial building, if the gross floor area is enlarged by 50 percent or less; (b) for the purpose of (a), the terms "gross floor area" and "existing industrial building" shall have the same meaning as those terms have in O.Reg. 82/98 under the Act; and City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 14 (c) notwithstanding subsection (a), if the gross floor area is enlarged by more than 50 per cent, development charges shall be payable and collected, and the amount payable shall be calculated in accordance with s.4(3) of the Act. (3) Notwithstanding the provisions of this By-law, development charges shall not be imposed with respect to: (a) Industrial development; (b) Non-profit housing that: (i) has been approved to receive funding from the Government of Canada or the Province of Ontario (including Crown Corporations) or a municipal government/agency under an affordable housing program or has been approved by the City of Brockville or the United Counties of Leeds and Grenville; and (ii) such affordable housing project is not eligible for funding development charge liabilities from the Government of Canada or the Province of Ontario (including Crown Corporations). (c) Affordable Residential Unit; (d) Attainable Residential Unit; (e) Affordable inclusionary zoning Residential Units; (f) Long-Term Care Homes; (g) an enlargement to an existing dwelling unit; (h) A second residential unit in an existing detached house, semi- detached house, or rowhouse on a parcel of land on which residential use, other than Ancillary Residential Use, is permitted, if all buildings and structures ancillary to the existing detached house, semi-detached house or rowhouse cumulatively contain no more than one residential unit; (i) A third residential unit in an existing detached house, semi-detached house, or rowhouse on a parcel of land on which residential use, other City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 15 than Ancillary Residential Use, is permitted, if no building or structure ancillary to the existing detached house, semi-detached house or rowhouse contains any residential units; (j) One residential unit in a building or structure ancillary to an existing detached house, semi-detached house or rowhouse on a parcel of land, if the existing detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the existing detached house, semi- detached house or rowhouse contains any residential units; (k) A second residential unit in a new detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than Ancillary Residential Use, is permitted, if all buildings and structures ancillary to the new detached house, semi-detached house or rowhouse cumulatively will contain no more than one residential unit; (l) A third residential unit in a new detached house, semi-detached house or rowhouse on a parcel of land on which residential use, other than Ancillary Residential Use, is permitted, if no building or structure ancillary to the new detached house, semi-detached house or rowhouse contains any residential units; (m)One residential unit in a building or structure ancillary to a new detached house, semi-detached house or rowhouse on a parcel of land, if the new detached house, semi-detached house or rowhouse contains no more than two residential units and no other building or structure ancillary to the new detached house, semi-detached house or rowhouse contains any residential units; or (n) In an existing rental residential Building, which contains four or more residential Dwelling Units, the creation of the greater of one residential Dwelling Unit or one percent of the existing residential Dwelling Units. (4) Other exemptions include: (a) Cannabis Production Facilities; and City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 16 (b) Temporary buildings and structures, including temporary garden centres. 7. DISCOUNTS (1) The Development Charge payable for Rental Housing developments will be reduced based on the number of bedrooms in each unit as follows: (a) Three or more bedrooms - 25% reduction; (b) Two bedrooms - 20% reduction; and (c) All other bedroom quantities - 15% reduction. City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 17 8. TIMING OF CALCULATION AND PAYMENT (1) Development Charges are due and payable in full to the City on the date the first building permit is issued for any land, buildings, or structures affected by the applicable development charge, and a building permit with respect to a building or structure shall be withheld where the applicable development charge has not been paid pursuant to Section 28 of the Act. (2) Development Charges are due and payable in full for non-rental residential developments on the earlier of the day a building permit is issued under the Building Code Act, 1992, authorizing occupation of the building, and the day the building is first occupied pursuance to Section 26.1 of the Act. For such developments, the Town may require the Development Charge to provide as an instrument to be used to secure the payment of the charge, subject to any prescribed limitations. (3) Notwithstanding subsection 8(1), Development Charges for rental housing and institutional developments are due and payable in 6 instalments commencing with the first instalment payable on the date of occupancy, and each subsequent instalment, payable on the anniversary date each year thereafter. (4) Notwithstanding Subsection 8(1), Development Charges for non-profit housing developments are due and payable in 21 instalments commencing with the first instalment payable on the date of occupancy, and each subsequent instalment, including interest, 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 received and approved 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 12 shall be calculated on the rates set out in Schedule 2 on the date of the planning application, including interest. Where both planning applications apply Development Charges under section 12 shall be calculated on the rates, including interest, set out in Schedule 2 on the date of the later planning application, including interest. City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 18 (6) 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, where the approval of the application occurred on or after June 6, 2024, and the approval of the application occurred within 18 months of building permit issuance, the Development Charges under section 12 shall be calculated based on the rates set out in Schedule 2 on the date of the planning application, including interest at the prescribed rate. Where both planning applications apply, development charges under section 12 shall be calculated on the rates set out in Schedule 2, on the date of the latter planning application, including interest, including interest at the prescribed rate. (7) Notwithstanding subsections 8(1) to 8(6), Council from time to time, and at any time, may enter into agreements providing for all or any part of a development charge to be paid before or after it would otherwise be payable, in accordance with section 27 of the Act. (8) Notwithstanding subsections 8(5) and 8(6), the D.C.s payable are the lower of the rate in force of the date the D.C.s are payable, or the rate at the time of site plan and/or the rezoning application date. (9) Notwithstanding subsection 8(2), should the person required to pay the Development Charge waive the requirement to pay as per subsection 8(2), the Development Charge may be paid in accordance with subsection 8(1), without entering into an agreement made under Section 27 of the Act. (10) Interest for the purposes of subsections 8(2), and 8(4) to 8(6) shall be determined as prescribed in the Act, as amended from time to time. (11) Interest for the purposes of subsection 8(3) may only be accrued up to June 4, 2025. 9. SERVICE STANDARDS (1) The approved service standards for the Municipality are those contained in the Development Charges Background Study. City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 19 10. SERVICES IN LIEU (1) The Council may authorize an owner, through an agreement under Section 38 of the Act, 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. 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 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. 11. DEVELOPMENT CHARGE CREDITS (1) 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 60 months 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: (a) in the case of a residential building or structure, or in the case of a mixed-use building or structure, the residential uses in the mixed-use building or structure, an amount calculated by multiplying the applicable development charge under Section 2(2) by the number, according to type, of dwelling units that have been or will be demolished or converted to another principal use; and (b) in the case of a non-residential building or structure or, in the case of mixed-use building or structure, the non-residential uses in the mixed- use building or structure, an amount calculated by multiplying the greater of the applicable development charges under Section 2(2) by the gross floor area that has been or will be demolished or converted to another principal use; City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 20 (2) No redevelopment credit shall be made in excess of the development charge payable for a redevelopment. 12. BY-LAW REGISTERATION (1) A certified copy of this by-law may be registered on title to any land to which this by-law applies. 13. RESERVE FUNDS (1) Monies received from payment of development charges shall be maintained in a separate reserve funds and shall be used only to meet the growth- related net capital costs for which the development charge was levied under this by-law. (2) Council directs the Treasurer to divide the reserve fund(s) created hereunder into the separate subaccounts 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. (3) 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. (4) 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 or funds referred to in Subsection (1). (5) The Treasurer is hereby directed to prepare an annual financial statement for the development charges reserve fund as prescribed under Section 12 of Ontario Regulation 82/98 and to submit the statement for Council's consideration. 14. BY-LAW AMENDMENT OR REPEAL (1) Where this by-law or any development charge prescribed thereunder is amended or repealed by order of the Local Planning Appeals Tribunal or by resolution of the Council, the Treasurer shall calculate forthwith the amount of any overpayment to be refunded as a result of said amendment or repeal. City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 21 (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. (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) interest shall be paid at the Bank of Canada rate in effect on the date of enactment of this by-law. 15. DEVELOPMENT CHARGE SCHEDULE INDEXING (1) The development charges referred to in Schedule "B" shall be adjusted annually, without amendment to this by-law, on January 1st of each year, in accordance with Statistics Canada Non-Residential Building Construction Price Index for the Ottawa-Gatineau series. 16. BY-LAW ADMINISTRATION (1) This by-law shall be administered by the Treasurer. 17. SCHEDULES TO THE BY-LAW (1) The following schedules to this by-law form an integral part of this by-law: Schedule "A" - Designated Municipal Services Under this By-law Schedule "B" - Schedule of Development Charges 18. SEVERABILITY (1) 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. 19. SHORT TITLE (1) This by-law may be cited as the Development Charge By-law. City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 22 20. DATE BY-LAW EFFECTIVE (1) This by-law shall come into force and effect on November 25, 2025. 21. DATE BY-LAW EXPIRES (1) This by-law will expire at 12:01 AM on November 25, 2035, unless it is repealed by Council at an earlier date. 22. REPEAL PREVIOUS BY-LAWS (1) THAT By-law No. 012-2020, as amended, is repealed in their entirety. Approved by Council on the 25th day of November 2025. Deemed passed on the 28th day of November 2025. _______________________ ________________________ Mayor City Clerk City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 23 SCHEDULE "A" TO BY-LAW 083-2025 THE CORPORTATION OF THE CITY OF BROCKVILLE Designated City Services Under this By-law City-wide Services/Class of Services 1. Services Related to a Highway 2. Fire Protection Services 3. Parks and Recreation Services 4. Growth-related Studies (Class of Service) Urban Services 5. Wastewater Services 6. Water Services City of Brockville - By-law Number 083-2025 Prepared by Watson & Associates Economists Ltd. PAGE 24 SCHEDULE "B" TO BY-LAW 083-2025 THE CORPORTATION OF THE CITY OF BROCKVILLE Schedule of Development Charges (2025$) NON-RESIDENTIAL Single and Semi- Detached Dwelling Other Multiples Apartments - 2 Bedrooms + Apartments - Bachelor and 1 Bedroom (per sq.ft. of Gross Floor Area) City-Wide Services/Class of Services Services Related to a Highway 2,595 1,932 1,912 1,222 1.60 Fire Protection Services 701 523 516 330 0.44 Parks and Recreation Services 491 365 362 231 0.04 Growth-Related Studies 606 452 447 285 0.46 Total City-Wide Services/Class of Services $4,393 $3,272 $3,237 $2,068 $2.54 Urban Services Wastewater Services 1,914 1,426 1,411 902 1.54 Water Services 4,835 3,601 3,564 2,278 3.89 Total Urban Services $6,749 $5,027 $4,975 $3,180 $5.43 GRAND TOTAL RURAL AREA $4,393 $3,272 $3,237 $2,068 $2.54 GRAND TOTAL URBAN AREA $11,142 $8,299 $8,212 $5,248 $7.97 Services/Class of Services RESIDENTIAL