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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;
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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;
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(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
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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
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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
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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
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(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
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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
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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;
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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.
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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:
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(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
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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
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(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
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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
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(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.
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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.
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(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.
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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
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(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.
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(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.
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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
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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
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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