By-law No. 2023-048, A By-law to establish Development Charges for the County of Bruce
Bruce County, Ontario
· No. 2023-048
· adopted 2023-11-16
· summary & facts
This is the exact embedded text of the captured official document.
Snapshot 4a12da0a25f3 · verified 2026-10-19 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
PT.
county
By-Law No. 2023-048
A By-law to establish Development Charges for the County of Bruce
Whereas the Devefopment Charges Act, 1997 (the "Act") provides that the council
of a municipality may by by-law impose development charges against land to pay
for increased capital costs required because of increased needs for services;
And whereas a Development Charges Background Study has been completed in
accordance with the Act;
And whereas Council has before it a report entitled "Bruce County Development
Charge Background Study" prepared by Watson & Associates Economists Ltd. dated
July 20, 2023;
And whereas Council approves the capital project listing set out in Chapter 4 of
the D.C. Background Study dated July 20, 2023, subject to further annual review
during the capital budget process;
And whereas the Council of the Corporation of Bruce County has given notice of
and held a public meeting on the 7th day of September, 2023 in accordance with
the Act and the regulations thereto and determined that no further public
meeting is required;
And whereas Council, whenever appropriate, request that grants, subsidies and
other contributions be clearly designated by the donor as being to the benefit of
existing development or new development, as applicable;
And whereas Council considered the use of area-specific charges and adopts the
approach to calculate the charges on a County-wide basis;
Now therefore the Council of the Corporation Bruce County hereby enacts as
follows:
1.0 Definitions
In this by-law:
"Act" means the Development Charges Act, 1997, as amended, S.O. 1997, ¢.27;
"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;
"affordable residential unit" means a residential unit that meets the criteria
set out in subsection 4.1(2) or 4.1(3) of the Act;
"agricultural use" means use or intended use for bona fide farming purpose and
has a farm business registration number:
(a) including (but not limited to):
By-law 48-2023
i. cultivation of crops, whether on open land or in greenhouses,
including (but not limited to) fruit, vegetables, herbs, grains,
field crops, cannabis, sod, trees, shrubs, flowers, and ornamental
plants;
ii. _ raising of animals, including (but not limited to) cattle, horses,
pigs, poultry, livestock, fish; and
iii. agricultural animal husbandry, dairying, equestrian activities,
horticulture, fallowing, pasturing, and market gardening;
iv. retail sales activities; including but not limited to restaurants,
banquet facilities, hospitality facilities and gift shops;
(b) but excluding:
i. aresidential use;
li. services related to grooming, boarding, or breeding of household
pets; and
iii. | cannabis processing or production facilities.
"ancillary residential building" means a residential building that would be
ancillary to a detached dwelling, semi-detached dwelling, or row dwelling.
"apartment unit" means any residential 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 includes stacked
townhouse dwellings;
"attainable residential unit" means a residential unit that meets the criteria
set out in subsection 4.1(4) of the Act;
"back-to-back townhouse dwelling" means a building containing more than two
dwelling units separated vertically by a common wall, including a rear common
wall, that do not have rear yards;
"bedroom" means a habitable room, including a den, study, or other similar
area, but does not include a living room, dining room or kitchen;
"Board of Education" has the same meaning as that specified in the Education
Act or any successor thereto;
"building permit" means a permit pursuant to the Building Code Act, 1992, S.O.
1992, c. 23, as amended;
"Building Code Act" means the Building Code Act, $.0. 1992; Chapter 23, as
amended and all Regulations thereto including the Ontario Building Code, 1997,
as amended or any successor legislation thereof;
"calculation date" means the date on which the first building permit is issued
by the local municipality, unless otherwise stipulated in the D.C.A.;
Page 2 of 20
By-law 48-2023
"capital cost" means costs incurred or proposed to be incurred by the County
or a local board thereof directly or by others on behalf of and as authorized by
the County or local board,
i. to acquire land or an interest in land, including a leasehold interest,
ii. to improve land,
iii, to acquire, lease, construct or improve buildings and structures,
iv. to acquire, construct or improve facilities including:
a. furniture and equipment other than computer equipment, and
b. materials acquired for circulation, reference or information
purposes by a library board as defined in the Public Libraries Act,
and
c. rolling stock with an estimated useful life of seven years or more,
and
v. Interest on borrowing for those expenditures above (i to iv) that are
growth related;
"charitable organization" shall follow the definition set out by Canada Revenue
Agency which generally defines it as a corporation, a trust or an organization
under a constitution that has exclusively charitable purposes. The County shall
make the final determination of a qualifying facility.
"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
Development Charges Act.
"commercial purpose" means used, designed, or intended for use for or in
connection with the purchase and/or sale and/or rental of commodities; the
provision of services for a fee; or the operation of a business office, and
includes hotels and motels;
"correctional group home" means a residential building or the residential
portion of a mixed-use building containing a single housekeeping unit
supervised on a 24-hour basis on site by agency staff on a shift rotation basis,
and funded wholly or in part by an government or its agency, or by public
subscription or donation, or by any combination thereof, and licensed,
approved or supervised by the Province of Ontario as a detention or
correctional facility under any general or special act and amendments or
replacement thereto. A correction group home may contain an office provided
that the office is used only for the operation of the correctional group home in
which it is located. A correctional group home shall not include any detention
facility operated or supervised by the Federal Government nor any correctional
institution or secure custody and detention facility operated by the Province of
Ontario;
"Council" means the Council of the County;
"County" means The Corporation of Bruce County;
Page 3 of 20
By-law 48-2023
"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; notwithstanding the foregoing,
development does not include temporary structures, including but not limited
to, seasonal hoop structures, seasonal fabric structures, tents, or produce sales
stands;
"development charge" means a charge imposed with respect to this by-law.
"dwelling room" means either:
a) each bedroom used, designed, or intended for use by one or more
persons living together in a lodging home, dormitories, or
b} in the case of a special care/special dwelling unit/room, each individual
room or suite of rooms used, designed, or intended for use by one or two
persons with or without exclusive sanitary and/or culinary facilities.
"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;
"existing industrial building" means a building or buildings existing on site in
Bruce County on January 1, 2022 or the first building constructed and occupied
on a vacant site pursuant to site plan approval under Section 41 of the Planning
Act, R.S.O. c.P.13 of the Planning Act subsequent to this by-law coming to
effect for which full development charges were paid, and is being used for or in
conjunction with:
i. the production, compounding, processing, packaging, crating, bottling,
packing, or assembling of raw or semi-processed goods or materials in
not less than seventy-five percent of the total gross floor area of the
building or buildings on a site ("manufacturing") or warehousing related
to the manufacturing use carried on in the building or buildings;
ii. research or development in connection with manufacturing in not less
than seventy-five percent of the total gross floor area of the building or
buildings on a site;
iii. retail sates by a manufacturer, if the retail sales are at the site where
the manufacturing is carried out, such retail sales are restricted to goods
manufactured at the site, and the building or part of a building where
such retail sales are carried out does not constitute greater than twenty-
five percent of the total gross floor area of the building or buildings on
the site; or
iv. Office or administrative purposes, if they are,
a. carried out with respect to manufacturing or warehousing; and
b. In or attached to the building or structure used for such
manufacturing or warehousing;
Page 4 of 20
By-law 48-2023
"grade" means the average level of finished ground adjoining a building or
structure at all exterior walls;
"gross floor area" means the total area of all floors above grade of a dwelling
unit measured between the outside surfaces of exterior walls or between the
outside surfaces of exterior walls and the centre line of party walls dividing the
dwelling unit from other dwelling unit or other portion of a building;
In the case of a non-residential building or structure, or in the case of a
mixed-use building or structure in respect of the non-residential portion
thereof, the total area of all building floors above or below grade measured
between the outside surfaces of the exterior walls, or between the outside
surfaces of exterior walls and the centre line of party walls dividing a non-
residential use and a residential use, except for:
* aroom or enclosed area within the building or structure above or
below grade that is used exclusively for the accommodation of
heating, cooling, ventilating, electrical, mechanical or
telecommunications equipment that service the building;
e loading facilities above or below grade; and
e apart of the building or structure below grade that is used for the
parking of motor vehicles or for storage or other accessory use;
"group home" means a residential building or the residential portion of a
mixed-use building containing a single housekeeping unit which may or may not
be supervised on a 24-hour basis on site by agency staff on a shift rotation
basis, and funded wholly or in part by any government or its agency, or by
public subscription or donation, or by any combination thereof and licensed,
approved or supervised by the Province of Ontario for the accommodation of
persons under any general or special act and amendments or replacements
thereto. A group home may contain an office provided that the office is used
only for the operation of the group home in which it is located;
"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 a home or homelike setting so that quality of life is maintained, and family
members may be active participants in care;
"industrial use" means land, buildings or structures used for or in connection
with manufacturing by:
(a) manufacturing, producing, and processing goods for a commercial
purpose, as well as storing and/or distribution of goods manufactured,
produced, or processed on site;
(b) research or development in connection with manufacturing, producing,
or processing good for a commercial purpose;
(c) retail sales by a manufacturer, producer, or processor of goods they
manufactured, produced, or processed, if the retail sales are at the site
where the manufacturing, production or processing takes place;
Page 5 of 20
By-law 48-2023
(d) office or administrative purposes if it is:
i. carried out with respect to manufacturing, producing, processing,
storage or distributing of something; and
ii. in or attached to the building or structure used for that
manufacturing, producing, processing, storage, or distribution;
"institutional" means lands, buildings or structures used or designed or
intended for use by an organized body, society, or religious group for
promoting a public or non-profit purpose and shall include, but without limiting
the generality of the foregoing, places of worship;
"live/work unit" means a unit which contains separate residential and non-
residential areas intended for both residential and non-residential uses
concurrently, and shares a common wall or floor with direct access between
the residential and non-residential areas;
"local board" means a municipal service board, transportation commission,
public library board, board of health, police services board, 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 of one or more local municipalities or the
Region, but excluding a board of education, a conservation authority, any
municipal services corporation that is not deemed to be a local board under O.
Reg. 599/06 made under the Municipal Act, 2001, S.0. 2001, c. 25, as
amended.
"local services" means those services, facilities or things which are under the
jurisdiction of the municipality and are related to a plan of subdivision or
within the area to which the plan relates in respect of the lands under Sections
41, 51 or 53 of the Planning Act as amended or any successor thereto;
"lodging home" means a boarding, lodging, or rooming house in which lodging
is provided for more than four persons in return for remuneration or for the
provision of services, or for both, and in which the lodging rooms do not have
both bathrooms and kitchen facilities for the exclusive use of individual
occupants;
"long term care home" means homes, nursing homes or homes for the aged
where the Ministry of Health and Long-Term Care funds the care provided in
such homes and application for accommodation is made through a Community
Care Access Centre;
"mixed-use building" means a building or structure used for both residential
and non-residential use;
"mobile home" means any dwelling that is designed to be made mobile, and
constructed or manufactured to provide a permanent residence for one or more
persons, but does not include a travel trailer or tent trailer;
"multiple dwellings" means all dwellings other than single-detached, semi-
detached, apartment unit and/or special care/special dwelling units;
Page 6 of 20
By-law 48-2023
"multiplex dwelling" means a residential building containing three or more
dwelling units, each of which unit has a separate entrance to grade;
"Municipal Act" means the Municipal Act, 2001, S.0. 2001, c. 25.
"non-industrial" means all non-residential buildings or structures not defined as
industrial;
"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;
c) anon-profit housing co-operative that is in good standing under the Co-
operative Corporations Act, or any successor legislation; -
d) areligious institution; or
e) a charitable organization.
"non-residential building" means a building or structure used exclusively for
non-residential use, including the non-residential component of a live/work
unit;
"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 and
includes all commercial, industrial, and institutional uses;
"other multiple" means all residential units other than a single detached
dwelling, semi-detached dwelling, apartment dwelling or a special care/special
dwelling unit, including, but not limited to, row dwellings, multiplex, back-to-
back townhouse dwelling, and the residential component of live/work units;
"Official Plan" means the Official Plan adopted for the County, as amended,
and approved;
"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;
"parking structure" means buildings or structures uses for the parking of motor
vehicles;
"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, as amended or
any successor thereto;
"premise" means one or more dwelling units and/or one or more square feet
used for non-residential use;
"rate" means the interest rate established weekly by the Bank of Canada for
treasury bills having a term of 30 days;
Page 7 of 20
By-law 48-2023
"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 from 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;
"Regulation" means any regulation made pursuant to the Act.
"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;
"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;
"residential use" means land or buildings, or structures of any kind whatsoever
used, designed, or intended to be used as living accommodations for one or
more individuals;
"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;
"semi-detached dwelling" means a dwelling unit in a residential building
consisting of two dwelling units having one vertical wall or one horizontal
walls, but no other parts, attached or another dwelling unit where the
residential units are not connected by an interior corridor;
"service" (or "services") means those services designated in Schedule "A" to this
by- law;
"single detached dwelling unit" means a residential building consisting of one
dwelling unit and not attached to another structure and includes mobile
homes.
"special care/special dwelling" means a residence:
a) containing two or more dwelling rooms, which rooms have common
entrance from street level; and
b) where the occupants have the right to use in common with other
occupants, halls, stairs, yards, common room, and accessory buildings;
and
c) 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
Page 8 of 20
By-law 48-2023
provided at various levels; and includes but is not limited to retirement
homes or lodges, group homes, dormitories, and hospices;
"stacked townhouse dwelling" means a building containing two or more
dwelling units where each dwelling unit is separated horizontally and/or
vertically from another dwelling unit by a common wall or floor;
"temporary building or structure" means a non-residential building or structure
without a foundation which is constructed, erected, or placed on land for a
continuous period of time not exceeding nine (9) months, or a like addition or
alteration to an existing building or an existing structure that has the effect of
increasing the usability thereof for a continuous period not exceeding nine (9)
months;
"use" means either residential use or non-residential use;
"zoning by-law" means the Zoning By-law or By-laws passed under Section 34 of
the Planning Act and in force and effect in the County, or part thereof.
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:
(a) Services Related to a Highway;
(b) Fleet;
(c) Parks and Recreation Services (Trails);
(d) Long-term Care Services;
(e) Ambulance Services; and
(f} Child Care and Early Years Programs.
2.2 The components of the services and classes 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:
(a) the lands are located in the area described in Section 3.2; and
(b) the development of the lands requires any of the approvals set out in
subsection 3.4(a).
Area to Which By-law Applies
3.2 Subject to subsection 3.3, this by-law applies to all lands in the
geographic area of Bruce County.
3.3 This by-law shall not apply to lands that are owned by and used for the
purposes of:
(a) Bruce County or its area municipalities, or a local board thereof;
(b) A board as defined in section 1(1) of the Education Act.
(c) Land vested in or leased to a university or college that receives
regular and ongoing operating funds from the government for the
Page 9 of 20
By-law 48-2023
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.
(d) Non-profit Housing development;
(e) Affordable housing units required pursuant to section 34 and 16(4) of
the Planning Act (Inclusionary Zoning).
3.4 Approvals for Development
(a) Development charges shall be imposed on all lands, buildings or
structures that are developed for residential or non-residential uses
if the development requires:
(i) the passing of a zoning by-law or of an amendment to a zoning
by-law under section 34 of the Planning Act;
(ii) the approval of a minor variance under section 45 of the
Planning Act;
(iii) a conveyance of land to which a by-law passed under subsection
50 (7) of the Planning Act applies;
(iv) the approval of a plan of subdivision under section 51 of the
Planning Act;
(v) aconsent under section 53 of the Planning Act;
(vi) the approval of a description under section 50 of the
Condominium Act; or
(vii) the issuing of a permit under the Building Code Act, 1992 in
relation to a building or structure.
(b) 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(a) are required before the
lands, buildings or structures can be developed.
(c) Despite subsection 3.4(b), if two or more of the actions described in
subsection 3.4(a) occur at different times, additional development
charges shall be imposed if the subsequent action has the effect of
increasing the need for services.
3.5 Exemptions
Rules with Respect to Exemptions for Intensification of Existing
Housing or New Housing
3.5.1 Notwithstanding the provisions of this By-law, development
charges shall not be imposed with respect to developments or
portions of developments as follows:
a) the enlargement to an existing residential dwelling unit;
Page 10 of 20
By-law 48-2023
b) the creation of additional dwelling units equal to the
greater of one dwelling unit or one percent of the existing
dwelling units is existing rental housing or a prescribed
ancillary residential dwelling structure to the existing
residential building;
Cc) notwithstanding the provisions of this By-law, development
charges shall not be imposed with respect to the creation
of any of the following in existing houses:
i. asecond 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 row dwelling cumulatively
contain no more than one residential unit.
ii. A third residential unit in an existing detached
house, semi-detached house or row dwelling on a
parcel of land on which residential use, other than
ancillary residential use, is permitted, if no building
or structure ancillary to the existing detached house,
semi-detached house or rowhouse contains any
residential units.
iii. One residential unit in a building or structure
ancillary to an existing detached house, semi-
detached house or row dwelling on a parcel of urban
residential 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.
d) notwithstanding the provisions of this By-law, development
charges shall not be imposed with respect to the creation
of any of the following in new residential buildings:
i. asecond 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 row dwelling cumulatively
will contain no more than one residential unit.
ii. 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-
Page 11 of 20
By-law 48-2023
detached house or row dwelling contains any
residential units.
iii. One residential unit in a building or structure
ancillary to a new detached house, semi-detached
house or rowhouse on a parcel of urban residential
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 row dwelling contains any residential units.
3.5.2 The exemption to development charges 3.5.1 above shall only
apply to the first instance of intensification in an existing or new
dwelling.
3.5.3 Subject to 3.5.2 above, any exemption under 3.5.1 above shall
apply to the smallest dwelling unit, as determined by applicable
rates under this By-law.
3.6 Exemption for Industrial Development:
3.6.1 For the purpose of sections 3.6.2 to 3.7.3 inclusive, the term "existing
industrial building" shall have the same meaning as that term has in the
Regulation and shall not include self-storage or mini-storage facilities.
3.6.2 Notwithstanding any other provision of this By-law, but subject to
sections 3.7.2 and 3.7.3 below, no development charge is payable with
respect to the enlargement of the total floor area of an existing
industrial building where the total floor area is enlarged by 50 percent
or less:
3.7 Gross Floor Area of Existing Industrial Building Expansion
3.7.1 If the gross floor area of an existing industrial building is enlarged by
greater than 50 percent, the amount of the development charge payable
in respect of the enlargement is the amount of the development charge
that would otherwise be payable multiplied by the fraction determined
as follows:
a) determine the amount by which the enlargement exceeds 50
percent of the total floor area before the enlargement;
b) divide the amount determined under subsection 3.7.1(a) by the
amount of the enlargement.
3.7.2 For greater certainty in applying the exemption in this section, the gross
floor area of an existing industrial building is enlarged where there is a
bona fide increase in the size of the existing industrial building, the
enlarged area is attached to the existing industrial building, there is a
direct means of ingress and egress from the existing industrial building
to and from the enlarged area for persons, goods and equipment and the
existing industrial building and the enlarged area are used for or in
connection with an industrial purpose as set out in subsection 1(1) of the
Page 12 of 20
By-law 48-2023
Regulation. Without limiting the generality of the foregoing, the
exemption in this section shall not apply where the enlarged area is
attached to the existing industrial building by means only of a tunnel,
bridge, canopy, corridor, or other passageway, or through a shared
below-grade connection such as a service tunnel, foundation, footing or
parking facility.
3.7.3. The exemption for an existing industrial building provided by this section
shall be applied up to a maximum of 50 percent of the gross floor area
before the first enlargement for which an exemption from the payment
of development charges was granted pursuant to this By-law or any
previous development charges by-law of the County made pursuant to
the Act or its predecessor legislation. Development charges shall be
imposed in accordance with Schedule B with respect to the amount of
floor area of an enlargement that results in the gross floor area of the
industrial building being increased by greater than 50 percent of the
total floor area of the existing industrial building.
3.7.4 For the purposes of this section, despite any new sites created which
result in an existing industrial building being on a site separate from its
enlargement or enlargements for which an exemption was granted under
this section, further exemptions, if any, pertaining to the existing
industrial building shall be calculated in accordance with section 3.7.2
on the basis of its site prior to any division.
3.8 Other Exemptions/Reductions
Notwithstanding the provision of this By-law, development charges shall not be
imposed with respect to:
3.8.1 Rental Housing;
3.8.2 Buildings or structures used as public hospitals governed by the
Public Hospitals Act, R.S.O. 1990, c.P.40, as amended;
3.8.3 Land, buildings, or structures used for a place of worship or for
the purpose of a cemetery or burial ground and exempt from
taxation under the Assessment Act, R.S.O. 1990, c.A.31, as
amended;
3.8.4 Agricultural use;
3.8.5 Temporary Use Buildings:
a) Subject to Subsection (b), temporary buildings or structures
shall be exempt from the payment of development charges;
b) In the event that a temporary building or structure
continues beyond a period of nine months, it shall be
deemed not to be nor ever to have been a temporary
building or structure, and the development charges
required to be paid under this by-law shall become payable
on the date nine months after the temporary building or
structure was first constructed or put in use; and
Page 13 of 20
By-law 48-2023
c) Prior to the issuance of a building permit for a temporary
building or structure, the County may require an owner to
enter into an agreement, including the provision of security
for the owner's obligation under the agreement, pursuant
to Section 27 of the Act providing for all or part of the D.C.
required by Subsection (2) to be paid after it would
otherwise be payable. The terms of such agreement shall
then prevail over the provisions of this by-law.
3.8.6 Residential dwellings under 1,000 square feet built for residential
uses in the Municipality of Northern Bruce Peninsula.
3.9. Exemptions Provided Under Local Municipal D.C. By-laws
Buildings or structures exempt from Development Charges in each local
municipality will also be exempt from County Development Charges
under this by-law. Exemptions will be provided in each local
municipality's D.C. by-law, as may be implemented or amended from
time to time without amendment to this by-law. The area to which the
exemption(s) applies aligns with the jurisdiction of each local
municipality's by-law.
3.10 Exemptions for Affordable Housing
3.10.1 Affordable Housing will be exempt from Development Charges
subject to approval by the County's Chief Administrative Officer
as per the County's Affordable Housing Development Charge
Exemption Policy.
3.10.2 Once proclamation is received by the Lieutenant Governor, the
following shall be exempt from development charges as per the
definitions provided in the Act:
e Affordable residential units; and
e Attainable residential units.
3.10.3 Subsection 3.10.1 will continue to apply in addition to subsection
3.10.2 once proclamation is received for the exemptions noted in
section 3.10.2.
3.11 Reduction of Development Charges with Respect to Redevelopment
and Conversion
Despite any other provision 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:
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-
Page 14 of 20
By-law 48-2023
use building or structure, an amount calculated by multiplying the
applicable development charge under subsection 3.12 of this by-law
by the number, according to type, of dwelling units that have been
or will be demolished or converted to another principal use; and
provided that such amounts shall not exceed, in total, the amount of
the development charges otherwise payable with respect to the
redevelopment.
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 applicable development charges under subsection 3.13 by the
gross floor area 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.
Amount of Charges
3.12 Residential
The development charges set out in Schedule B to this By-law 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, including the residential component of 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.
3.13 Non-Residential
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, including the non-residential
component of a live/work unit, and calculated with respect to each of
the services according to the gross floor area of the non-residential use.
3.14 Mandatory Phase-in
The amount of the development charges described in Schedule B to this
by-law shall be reduced in accordance with section 5(8) of the Act.
3.14.1 Therefore, the following percentages of the charges provided in
Schedule B will be imposed for residential uses (subject to annual
indexing as per section 5.0 of this by-law):
a) 2023 - 0%;
b) 2024 - 25%;
c) 2025 - 40%;
d) 2026 - 55%;
e) 2027 - 65%;
f) 2028 - 75%;
Page 15 of 20
By-law 48-2023
g) 2029 - 85%;
h) 2030 - 95%
i) 2031 - 100%
3.14.2 Therefore, the following percentages of the charges provided in
Schedule B will be imposed for non-residential uses (subject to
annual indexing as per section 5.0 of this by-law):
a) 2023 - 0%;
b) 2024 - 25%;
c) 2025 - 40%;
d) 2026 - 55%;
e) 2027 - 65%;
f) 2028 - 75%;
g) 2029 - 85%;
h) 2030 - 95%;
i) 2031 - 100%.
Time of Calculation and Payment of Development Charges
3.15 Development charges imposed under this By-law are calculated,
payable, and collected upon issuance of the first building permit for the
development.
3.16 Notwithstanding subsection 3.15, development charges for institutional
developments are due and payable in 6 installments commencing with
the first installment payable on the date of occupancy, and each
subsequent installment, including interest as provided in accordance
with Section 26.3 of the Act.
3.17 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 3.12 and
3.13 shall be calculated on the rates set out in Schedule "B" on the date
of the planning application, including interest. Where both planning
applications apply development charges under subsections 3.12 and 3.13
shall be calculated on the rates, including interest as provided in
accordance with Section 26.3 of the Act, payable on the anniversary
date each year thereafter, set out in Schedule "B" on the date of the
later planning application.
3.18 Notwithstanding subsections 3.12 to 3.17 and in accordance with section
27 of the Act, 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.
4.0 Payment by Services
4.1 Payment of development charges shall be by cash, debit, bank draft or
certified cheque or as otherwise approved at the sole discretion of the
Treasurer.
Page 16 of 20
By-law 48-2023
4.2 In the alternative to payment by the means provided in section 4.1
herein, the County may, by a written agreement entered into with the
owner, accept the provision of services in full or partial satisfaction of
the development charges otherwise payable.
4.3 If the County and the owner cannot agree as to the reasonable cost of
doing the work under section 4.2, the dispute shall be referred to
Council whose decision shall be final and binding.
4.4 Any refund or credit required to be given by the County to an owner
shall be in relation to a service as per subsection 39(1) of the Act. The
County may agree by agreement to provide a credit in relation to
another service as per subsection 39(3) of the Act or may provide for
another basis for recovery.
4.5 If development charges or any part thereof payable pursuant to this By-
law remain unpaid after such charges are payable, the amount unpaid
shall be added to the tax roll and shall be collected in the same manner
as taxes.
5.0 Indexing
5.1 Development charges imposed pursuant to this by-law shall be adjusted
annually on January 1st of each year, without amendment to this by-law
in accordance with the Act, beginning on January 1, 2024.
6.0 Schedules
6.1 The following schedules to this by-law form an integral part thereof:
Schedule A - Components of Services and Class es Service Designated in
subsection 2.1
Schedule B - Residential and Non-Residential Development Charges
7.0 Date By-law in Force
7.1 This By-law shall come into force on the 16th day of November, 2023.
8.0 Severability
8.1 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.
Page 17 of 20
By-law 48-2023
Passed this 16 day of November, 2023
ChrisPeabody { ~ [ ~*~
Warden \_ ~
|
ee ae
Linda White
Clerk
Page 18 of 20
By-law 48-2023
Schedule "A"
To By-law 2023-048
Components of Services and Classes of Services Designated
in Subsection 2.1
D.C.-Eligible Services:
Services Related to a Highway
Services Related to a Highway - Roads
Services Related to a Highway - Bridges and Culverts
Services Related to a Highway - Traffic Signals and Streetlights
Services Related to a Highway - Public Works Facilities
Parks and Recreation Services
Park Trails
Ambulance Services
Ambulance Services - Facilities
Ambulance Services - Vehicles and Equipment
Long-term Care Services
Long-term Care Services - Facilities
Child Care and Early Years Programs
Child Care and Early Years Programs - Facilities
D.C.-Eligible Class:
Fleet
Services Related to a Highway
Parks and Recreation Services - Trails
Long-term Care Services
Page 19 of 20
By-law 48-2023
Schedule "B"
To By-law 2023-048
Schedule of Development Charges
RESIDENTIAL NON-RESIDENTIAL
Service/Class of Service ae Other Multiples anette ag ana CarelSpecal Seabed
Bedroom Dwelling Units
County Wide Services/Class of Service:
Services Related to a Highway 6,302 4,028 3,973 2,674 2,603 2.76
Fleet 33 21 21 14 14 0.01
Parks and Recreation Services 96 61 61 41 40 0,01
Long-term Care Services 910 §82 574 386 376 0,12
Child Care and Early Years Programs 58 37 37 25 24 0.00
Ambulance Services 266 170 168 113 110 0,04
Total County Wide ServicesiGlass of Service | ___---- 7.665] 90] ea] 3.253] te7| 2.84
Watson & Associates Economists Ltd. PAGE G-20
Q\ELECTRONIC DIRECTORIESIC - Council & By-laws\C01 - By-laws\2023\By-law 2023-048 Davalopment Charges By-law - JI.docx