By-law No. 2024-043, A by-law to impose and provide for the payment of development charges for municipal services of Roads & Related in the Town of Caledon
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THE CORPORATION OF THE TOWN OF CALEDON
BY-LAW NO. 2024-043
A by-law to impose and provide for the payment of
development charges for municipal services of
Roads & Related in the Town of Caledon.
WHEREAS the Town of Caledon will experience growth through development and
re-development;
AND WHEREAS the Development Charges Act, 1997 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 the increased need for services arising
from development in the area to which the by-law applies;
AND WHEREAS Council desires to ensure that the capital cost of meeting growth-
related demands for, or burden on, municipal services does not place an undue
financial burden on the Town of Caledon or its taxpayers;
AND WHEREAS at the direction of the Council of The Corporation of the Town of
Caledon, Hemson Consulting Ltd. has prepared a development charge background
study entitled Town of Caledon 2024 Development Charge Background Study
dated 29 February 2024 (the "Study");
AND WHEREAS notice of a public meeting was given February 22 and 29, 2024
as required by the Development Charges Act, 1997 and in accordance with Ontario
Regulation 82/98;
AND WHEREAS the Council of The Corporation of the Town of Caledon made the
Study and a proposed by-law available to the public as of 4 March 2024, two weeks
prior to the Public Meeting as required by the Development Charges Act, 1997;
AND WHEREAS the Council of The Corporation of the Town of Caledon held a
public meeting on 18 March 2024 at which all persons in attendance were provided
with an opportunity to make representations relating to this proposed by-law as
required by the Development Charges Act, 1997;
AND WHEREAS, by resolution adopted on 14 May 2024, the Council of The
Corporation of the Town of Caledon:
(a) adopted the Town of Caledon 2024 Development Charge Background
Study;
(b) has given consideration of the use of more than one Development Charge
By-law to reflect different needs for services in different areas, also known
as "area rating" or "area specific development charges", and has
determined that for the services, and associated infrastructure proposed to
be funded by development charges under this by-law, that it is fair and
reasonable that the charges be calculated on a municipal-wide uniform
basis;
(c) the Study dated February 26, 2024 includes an Asset Management Plan
that deals with all assets whose capital costs are intended to be funded
under the Development Charge By-law and that such assets are
considered to be financially sustainable over their full life-cycle;
(d) has given consideration to incorporating the Asset Management Plan
outlined in the Study within the Town of Caledon's ongoing practices and
Corporate Asset Management Plan;
(e) determined that it was not necessary to hold any further public meetings
with respect to this by-law;
(f) expressed its intention to ensure that the increased need for services
arising from development in the area to which this by-law applies will be
met.
NOW THEREFORE the Council of The Corporation of the Town of Caledon enacts
as follows:
Definitions
1. (1) In this by-law, the following terms shall have the meanings indicated:
"accessory", where used to describe a building, structure or use, means
a building, structure or use that is subordinate, incidental and
exclusively devoted to a principal building, structure or use and that is
located on the same land as such principal building, structure or use;
"Act" means the Development Charges Act, 1997, S.O. 1997, c.27, as
amended, or any successor thereto;
"agricultural building or structure" means a building or structure that is
used for the purposes of or in conjunction with animal husbandry, the
growing of crops including grains and fruit, market gardening,
horticulture or any other use that is customarily associated with a
farming operation of a bona fide farmer but shall not include building or
structures for the use in the growing, processing, production and sale
of Cannabis or a controlled substance under the Controlled Substances
Act;
"agricultural tourism building or structure" means a building or structure
or part of a building or structure located on a working farm of a bona
fide farmer for the purpose of providing enjoyment, education or active
involvement in the activities of the farm where the principal activity on
the property remains as a farm and where products used in the activity
are produced on the property and/or are related to farming. The building
or structure may be related to activities such as a hay or corn maze;
farm related petting zoo; hay rides and sleigh, buggy or carriage rides;
farm tours; processing demonstrations; pick-your-own produce; a farm
theme playground for children; farm markets; farm produce stands, and
farmhouse dining rooms but shall not include space used for banquets
or weddings;
"apartment dwelling" means a dwelling unit in a building containing
seven or more dwelling units where the dwelling units are connected
by an interior corridor and shall include stacked townhomes;
"back-to-back townhome" means a building that has three or more
dwelling units, joined by common side and rear walls above grade, and
where no dwelling unit is entirely or partially above another.
"bed and breakfast establishment" means a single detached dwelling
or part of a single detached dwelling in which guest rooms are
provided for hire or pay, with or without meals, for the traveling or
vacationing public, but does not include a hotel or motel;
"Board of Education" means a board defined in subsection 1(1) of the
Education Act, R.S.O. 1990, c. E. 2 as amended, or any successor
thereto;
"Building Code Act" means the Building Code Act, 1992, S.O. 1992, c.
23 as amended, or any successor thereto;
"bona fide farmer" means an individual currently actively engaged in a
farm operation with a valid Farm Business Registration number in the
Town of Caledon;
"building or structure" means a building or structure occupying an area
greater than 10 square metres consisting of a wall, roof and floor or any
of them or a structural system serving the function thereof, including an
air supported structure, or mezzanine;
"capital cost" means costs incurred or proposed to be incurred by the
municipality or a local board thereof directly or by others on behalf of,
and as authorized by the municipality or local board, as set out in
Section 5 of the Act;
"commercial building" means a non-residential building other than an
agricultural building, an industrial building or an institutional building;
"country inn" means premises in which temporary lodging or sleeping
accommodation are provided to the public and may include accessory
services such as a restaurant, meeting facilities, recreation facilities,
banquet facilities and staff accommodations. The Premises shall
contain a minimum of four (4) and a maximum of twenty-nine (29)
guest rooms;
"development" means the construction, erection or placing of one or
more buildings or structures on land and/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;
"development charge" means a development charge imposed pursuant
to this by-law;
"duplex dwelling" means a dwelling unit in a building divided
horizontally into two dwelling units each of which has a separate
entrance;
"dwelling unit" means a room or suite of rooms used or designed or
intended for use by one or more persons living together in which
culinary and sanitary facilities are provided for the exclusive use of such
person or persons;
"farm based home industry building " means an accessory building
to a single detached dwelling where a small-scale use is located,
which is operated by a bona fide farmer, which is located on and is
subordinate or incidental to a permitted farm operation; which is
associated with limited retailing of products created in whole or in
part in the accessory building performed by one or more residents
of the farm property and may include a carpentry shop; a craft shop;
a metal working shop; a repair shop; a farm equipment repair shop;
a farm tractor repair shop; a plumbing shop; an electrical shop; a
welding shop ; a woodworking shop; a blacksmith, a building for the
indoor storage of school buses, boats, snowmobiles, or similar uses,
but shall not include a motor repair shop or vehicle paint shop or
space for the provision of banquet or wedding facilities;
"farm help" means full-time, all-year round employee(s) of a bona fide
farmer on an agricultural property;
"farm winery" and "farm cidery" means buildings or structures used by
a bona fide farmer for the processing of juice, grapes, fruit or honey
in the production of wines or ciders, including the fermentation,
production, bottling, aging or storage of such products as a secondary
use to a farm operation. The winery or cidery may include a
laboratory, administrative office, hospitality room and retail outlet
related to the production of wines or ciders, as applicable, and, if
required, must be licensed or authorized under the appropriate
legislation;
"garden suite" means a one-storey, free standing, temporary and
portable residential structure, with a single dwelling unit containing
kitchen and bathroom facilities, which is designed for year round
occupancy and is accessory to a single-detached dwelling, but
excludes a trailer;
"grade" means the average level of finished ground adjoining a
building or structure at all of its exterior walls;
"guest room" means temporary overnight accommodation for the
traveling public;
"gross floor area" means the total floor area, measured between the
outside of exterior walls or between the outside of exterior walls and
the centre line of party walls dividing the building from another
building, of all floors above the average level of finished ground
adjoining the building at its exterior walls, as defined in Ontario
Regulation 82/98, s. 1 (1);
"industrial building" means a building used for or in connection with:
(a) manufacturing, producing, processing, storing or distributing
something;
(b) research or development in connection with manufacturing,
producing or processing something;
(c) retail sales by a manufacturer, producer or processor of
something they manufactured, produced or processed, if the
retail sales are at the site where the manufacturing, production
or processing takes place; or,
(d) office or administrative purposes, if they are,
(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
(e) the growing, processing and production of Cannabis or other
controlled substances under the Controlled Substances Act;
(f) the definition of industrial building shall not include a building
where the main business of the owner is the rental or lease of
space for self-storage to one or more third parties nor a
building whose primary business is to be a retail
establishment;
"institutional use" means the use of land, buildings, or structures, or a
portion thereof, for a public or non-profit purpose, including a religious,
charitable, educational, health or welfare purpose, and without limiting
the generality of the foregoing, may include such uses as schools,
hospitals, place of worship, recreation facilities, community centres
and government buildings;
"life lease" means a property that is a form of housing tenure in which
individuals purchase the right to occupy a residential unit for a
specified period of time (i.e., for their lifetime, or, a defined term);
"Life Lease Housing" means housing owned and operated by a not-
for-profit organization or charity, contained within a retirement
community, that offers Life Lease interests to persons aged 65 or
older;
"local board" has the same meaning as in the Act;
"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 R.S.O.
1990, c. P. 13 as amended, or any successor thereto;
"mixed use" means land, buildings or structures used or designed
or intended to be used for a combination of residential uses and
non-residential;
"non-residential" means used or designed or intended to be used
other than for residential purposes;
"on-farm diversified use building or structure" means a building or
structure secondary to the principal agricultural use of the property
by a bona fide farmer, including home occupations, farm-based
home industries, and uses that involve the production and sale of
value-added agricultural products and excludes uses that involve
lease of commercial/industrial space and excludes the provision of
banquet or wedding facilities;
"outbuilding" means a building or structure, that is a maximum of
92.903 square meters (or 1,000 square feet), that is accessory to
a primary or main non-residential building or mixed use building,
that is located on the same land as such primary or main non-
residential building and that is used for a storage purpose that is
accessory to the primary or main use on such land, such as the
storage of equipment used to maintain such land or the buildings
and structures thereon or the storage of equipment that is ordinarily
used for the purposes of the primary or main use on such land, but
shall not include a building used for the storage of inventory nor
include a building or structure used in banquets or wedding
facilities. The maximum area does not apply to golf course
buildings or structures;
"place of worship" means a place or building or part thereof
including accessory buildings or structures that are used for the
regular assembly of persons for the practice of religious worship,
services or rites. It may include accessory uses such as classrooms
for religious instruction, including programs of community social
benefit, assembly areas, kitchens, offices of the administration of
the place of worship, and a small scale day nursery, but shall not
include a cemetery;
"protracted", in relation to a temporary building or structure, means
the existence of such temporary building or structure for a
continuous period of more than eight months;
"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 on such land has been or is to be demolished,
or changing the use of a building or structure from residential to
non-residential or from non-residential to residential;
"Regulation" means Ontario Regulation 82/98, as amended;
"residential" means used or designed or intended to be used as a
home or residence of one or more persons;
"retail" means the use or intended use of land, buildings or portions
thereof for the purpose of offering foods, wares, merchandise,
substances, articles or things for sale directly to the public or
providing services or entertainment to the public. Retail includes, but
is not limited to:
(a) the use or intended use of land, buildings or portions thereof
for the rental of wares, merchandise, substances, articles or
things;
(b) offices and storage used or intended to be used in connection
with, related to or ancillary to a retail use; or
(c) conventional restaurants; fast food restaurants; concert
halls/theatres/cinemas/movie --_houses/drive-in _ theatres;
automotive fuel stations with or without service facilities;
specialty automotive shops/auto repairs/collision
services/care or truck washes; auto dealerships; shopping
centres and plazas, including more than two attached stores
under one ownership; department/discount stores; banks and
similar financial institutions, including credit unions;
warehouse clubs and retail warehouses;
"Retirement community" means a housing project consisting of
ground-related dwelling units in single family, semi-detached, or
multiple dwelling and other amenities, all of which are designed,
marketed, developed and constructed to provide accommodation for
and to meet the needs of persons aged 65 and older;
"secondary dwelling on an agricultural property" means a temporary
and portable residential structure, containing a single dwelling unit
with kitchen and bathroom facilities, designed for year-round
occupancy by farm help;
"semi-detached dwelling" means a dwelling unit in a building
divided vertically into two dwelling units each of which has a
separate entrance;
"service" means a service described in this by-law or in an
agreement made under section 44 of the Act;
"single-detached dwelling" means a dwelling unit in a completely
detached building containing only one dwelling unit;
"small unit" means a dwelling unit of less than 70 square metres in
size irrespective of built form;
"Special Care/Special Needs Unit" means, for the purpose of
Schedule "A", a unit in a special care facility;
"special care/special needs facility" means a residential building or
portion thereof providing or intending to provide habitable units to
individuals requiring special care, where such units may or may
not have exclusive sanitary and/or culinary facilities, and the
occupants have access to common areas and additional medical,
personal and/or supervisory care. For clarity, a special care facility
includes a long-term care home within the meaning of subsection
2(1) of the Fixing Long-Term Care Act, 2021, S.O. 2021, c. 39,
Sched. 1, a home for special care within the meaning of the Homes
for Special Care Act, R.S.O. 1990, c. H.12, or a residential hospice
for end of life care;
"stacked townhome" means a building containing two or more
dwelling units where each dwelling unit is separated horizontally
from another dwelling unit by a common wall;
"structure" means anything constructed or erected and requiring
location on or in the ground or attached to something having
location on or in the ground;
"temporary building or structure" means a building or structure that
is constructed, erected or placed on land for a continuous period
of not more than eight months, or an addition or alteration to a
building or structure that has the effect of increasing the size or
usability thereof for a period of not more than eight months;
"total floor area" means the total of the areas of the floors in a
building or structure, whether at, above or below grade, measured
between the exterior faces of the exterior walls of the building or
structure or from the centre line of a common wall separating two
uses, or from the outside edge of a floor where the outside edge
of the floor does not meet an exterior or common wall, and:
(a) includes space occupied by interior walls and partitions;
(b) includes, below grade, only the floor area that is used for
commercial or industrial purposes;
(c) includes the floor area of a mezzanine;
(d) where a building or structure does not have any walls, the total
floor area shall be the total area of the land directly beneath
the roof of the building or structure and the total areas of the
floors in the building or structure;
(e) excludes any parts of the building or structure used for
mechanical equipment related to the operation or maintenance
of the building or structure, stairwells, elevators, washrooms,
and the parking and loading of vehicles; and
(f) excludes any additional square footage created by the area of
any self-contained structural shelf and rack storage facility
permitted by the Building Code Act but includes the floor area
of the base
"Town" means The Corporation of the Town of Caledon.
(2) All words defined in the Act or the Regulation have the same meaning
in this by-law as they have in the Act or Regulation unless they are
defined otherwise in this by-law.
(3) All references to the provisions of any statute or regulation or to the
Ontario Building Code contained in this by-law shall also refer to the same or
similar provisions in the statute or regulation or code as amended, replaced,
revised or consolidated from time to time.
Affected Land
2. (1) Subject to subsections 2 and 3 of this section, this by-law
applies to all land in the Town of Caledon, whether or not such
land is exempt from taxation under section 3 of the Assessment
Act.
(2) This by-law shall not apply to land proposed for non-
residential development within
(a) the Bolton Business Improvement Area as outlined in
By-law No. 80-72, as has been or may be amended; or
(b) the Caledon East Commercial Core Area as outlined on
Schedule D of the Town of Caledon Official Plan.
(3) This by-law shall not apply to land that is owned by and used
for the purposes of
(a) a board as defined in subsection 1(1) of the Education
Act;
(b) a college established under the Ontario Colleges of
Applied Arts and Technology Act, 2002 or a university
as defined in section 171.1 of the Education Act, that is
exempt from taxation under the enabling legislation and
are used for the purposed set out under such enabling
legislation;
(c) a hospital as defined in section 1 of the Public Hospitals
Act;
(d) the Ontario Provincial Police;
(e) the Town or any local board thereof;
(f) The Regional Municipality of Peel or any local board
thereof; or,
(g) any other municipality or local board thereof.
Imposition of Development Charges
3. (1) Subject to subsections 2 and 3 of this section, development
charges shall be imposed against land that is to be developed 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;
(e) a consent under section 53 of the Planning Act;
(f) the approval of a description under section 50 of the
Condominium Act; or,
(g) the issuing of a building permit under the Building Code
Act in relation to a building or structure.
(2) Only one development charge shall be imposed against land to
which this by-law applies even though two or more of the actions
described in subsection 1 of this section are required for such
land to be developed.
(3) Notwithstanding subsection 2 of this section, if two or more of
the actions described in subsection 1 of this section occur at
different times, additional development charges shall be
imposed in accordance with this by-law in respect of any
additional development permitted by the subsequent action.
Description of Services
4. (1) Development charges shall be imposed in accordance with this
by-law in respect of the following services:
(a) Services Related to a Highway: Roads & Related
(2) The development charges applicable to a development, as
determined in accordance with this by-law, shall apply without
regard to the services required for or to be used by such
development.
Calculation of Development Charges
5. (1) The development charges applicable to a development shall be
calculated as follows:
(a) in the case of residential development, or the
residential portion of a mixed use development, the
development charges shall be based upon the
number of dwelling units included in such
development; or,
(b) in the case of non-residential development, or the
non-residential portion of a mixed' use
development, the development charges shall be
based upon the total floor area included in such
development.
(2) The development charges described in Schedule "A" to this by-
law shall be imposed against land that is to be developed for
residential uses, including dwelling units accessory to a non-
residential use, and, in the case of a mixed use building or
structure, on the residential portion of the mixed use building or
structure, according to the type of residential development.
(3) The development charges described in Schedule "A" to this by-
law shall be imposed against land that is to be developed for
non-residential uses and, in the case of a mixed use building or
structure, on the non-residential portion of the mixed use
building or structure, according to the type of non-residential
development.
(4) The development charges prescribed in Schedule "A" to this by-
law, for dwelling units 70 square meters or smaller, shall be
imposed on all dwelling units in single detached dwellings,
semidetached dwellings and multiple-dwellings, constructed in
a retirement community that offers Life Lease Housing.
Notwithstanding any other provision of this by-law, the small unit
rate will apply to retirement communities offering Life Lease
Housing provided that the property owner enters into a written
agreement with the Town, which is registered on title, at the
owner's sole costs, that for a period of five years following the
occupancy permit date, development charges calculated in
accordance with this by-law shall be immediately payable if the
Life Lease interests are not occupied by persons aged 65 or
older.
(5) Back to Back Townhomes as defined in this by-law shall pay a
development charge at the Other Residential Dwellings rate.
(6) Stacked Townhomes as defined in this by-law as defined in this
by-law shall pay a development charge at the apartments larger
than 70 square metre rate.
Residential Intensification
6. (1) Notwithstanding the provisions of this By-law, and in
accordance with sections 2(3), 2(3.1), 2(3.2) and 2(3.2) of the
Act and any amendments thereof, development charges shall
not be imposed with respect to:
(i) the enlargement of an existing residential dwelling unit;
(ii) the creation of additional dwelling units equal to the greater of
one or 1% of the existing dwelling units in an existing
residential rental building containing four or more dwelling
units or prescribed ancillary structure to the existing
residential building;
(iii) the creation of the following as it relates to the creation of
additional residential dwelling units in existing residential
buildings:
e Asecond residential unit in an existing single-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 single-detached house, semi-detached house or
rowhouse cumulatively contain no more than one residential
unit.
e A third residential unit in an existing single-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 existing
detached house, semi-detached house or rowhouse
contains any residential units
e One residential unit in a building or structure ancillary to an
existing single-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
(iv) the creation of the following as it relates to the creation of
additional residential dwelling units in new residential
buildings:
e Asecond residential unit in a new single-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
single-detached house, semi-detached house or rowhouse
cumulatively will contain no more than one residential unit.
e A third residential unit in a new single-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
single-detached house, semi-detached house or rowhouse
contains any residential units.
e One residential unit in a building or structure ancillary to a
new single-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 single-detached house, semi-detached
house or rowhouse contains any residential units.
(2) For the purposes of 6(1) above, the additional dwelling unit
created cannot be conveyed as a separate parcel from the
primary dwelling unit(s).
(3) If an additional dwelling unit as described in 6(1) is
subsequently conveyed as a separate parcel from the primary
dwelling unit, development charges shall be calculated and be
payable immediately upon conveyance.
(4) Notwithstanding any other provision of this by-law, for the
purpose of subsection 6(1) of this section, the terms "single-
detached dwelling', "semi-detached dwelling", "row dwelling"
and "gross floor area" shall have the meanings provided for
them in the Regulation.
Industrial Expansion
7. (1) Notwithstanding any other provision of this by-law, if a
development includes the enlargement of the gross floor area
of an existing original industrial building, the amount of the
development charge applicable to such development shall be
determined as follows:
(a) if the gross floor area is enlarged by fifty percent or less,
cumulatively from the original building floor area, the
amount of the development charge in respect of the
enlargement shall be zero; or,
(b) if the gross floor area is enlarged by more than fifty
percent cumulatively from the original building floor
area, the amount of the development charge in respect
of the enlargement shall be calculated on the amount by
which the proposed enlargement exceeds fifty percent
of the gross floor area of the industrial building before
any enlargement.
(2) Notwithstanding any other provision of this by-law, for the
purpose of subsections 1 and 5 of this section, the terms
"existing industrial building" and "gross floor area" shall have the
meanings provided for them in the Regulation.
(3) For the purpose of interpreting the definition of "existing
industrial building" in the Regulation, regard shall be had for the
classification of the land on which the existing industrial building
is located under the Assessment Act and in particular:
(a) whether the land is within a tax class such that taxes on
the land are payable at the industrial tax rate; and,
(b) whether more than fifty percent of the gross floor area of
the existing industrial building has an industrial property
code for assessment purposes
(4) For the purpose of applying subsection 7(1) of this section, the
gross floor area of an existing industrial building shall be
calculated as it was prior to the first enlargement of such
existing industrial building for which an exemption under
subsection 1 of this section applies.
(5) Notwithstanding any other provision of this by-law, development
charges shall not be imposed with respect to the construction
or erection of a building that is accessory to, and not more than
fifty percent of the gross floor area of an existing industrial
building or the construction or erection of buildings that are
accessory to, and, in total, not more than fifty percent of the
gross floor area of an existing industrial building, provided that,
prior to a building permit or building permits being issued for
such building or buildings, the owner or owners of the land on
which such building or buildings are to be constructed or
erected enter into a written agreement with the Town which has
the effect of counting the floor area of such building or buildings
against the exemption provided for in subsection 7 (1) of this
section.
Redevelopment
8. (1) Despite any other provision of the By-law, where one or more
existing dwelling units are demolished and_ satisfactory
evidence of the demolition and the number of dwelling units
demolished has been provided to the Town's Treasurer or their
designate, a credit against development charges otherwise
payable pursuant to this By-law for redevelopment of the lands
for residential purposes, in an amount equal to the development
charge payable pursuant to this By-law for the same number of
dwelling units, shall be applicable where the redevelopment has
occurred:
(a) Within 5 years from the date that the necessary
demolition approval was obtained with document proof
or the date of the passing of this By-Law thereof; and
(b) On the same lot or block on which the demolished
dwelling units(s) were originally located; and
(c) In case where, demolition credit crosses over a divided
lot, the property owner must direct in writing to which lot
the credit should be applied.
(2) Despite any other provision of this By-law, where an existing
non-residential use building or structure, or part thereof is
demolished, and satisfactory evidence of the demolition and the
total floor area of the building or structure, or part thereof
demolished has been provided to the Town's Treasurer or their
designate, a credit against development charges otherwise
payable with respect to the redevelopment of the non-
residential use shall be applicable, in an amount equal to the
development charge payable pursuant to this By-law for the
total floor area and such credit or partial credit shall be
applicable where the redevelopment has occurred:
(a) Within 10 years from the date that the necessary
demolition approval was obtained with document proof
or the date of the passing of this By-law thereof; and
(b) On the same lot or block on which the demolished
dwelling building or structure, or part thereof, was
originally located; and
(c) In case where, demolition credit crosses over a divided
lot, the property owner must direct in writing to which lot
the credit should be applied.
(3) Despite any other provision of the By-law, where an existing
non-residential use building or structure, or part thereof is
demolished, and satisfactory evidence of the demolition and the
total floor area of the building or structure, or part thereof
demolished has been provided to the Town's Treasurer or their
designate, a credit against development charges otherwise
payable with respect to the redevelopment of the residential use
shall be applicable, in an amount equal to the development
charge payable pursuant to this By-law for the total floor area
and such credit or partial credit shall be applicable where the
redevelopment has occurred:
(a) Within 10 years from the date that the necessary
demolition approval was obtained with document proof
or the date of the passing of this By-law thereof; and
(b) On the same lot or block on which the demolished
dwelling building or structure, or part thereof, was
originally located; and
(c) In case where, demolition credit crosses over a divided
lot, the property owner must direct in writing to which lot
the credit should be applied.
(4) Despite any other provision of the By-law, where an existing
residential use building or structure, or part thereof is
demolished, and satisfactory evidence of the demolition and the
number of units demolished has been provided to the Town's
Treasurer or their designate, a credit against development
charges otherwise payable with respect to the redevelopment
of the non-residential use shall be applicable, in an amount
equal to the development charge payable pursuant to this By-
law for the total floor area and such credit or partial credit shall
be applicable where the redevelopment has occurred in an
amount equal to the development charge payable pursuant to
this By-law for the same number of dwelling units for each
component of the DC charge:
(a) Within 5 years from the date that the necessary
demolition approval was obtained with document proof
or the date of the passing of this By-law thereof; and
(b) On the same lot or block on which the demolished
building or structure, or part thereof, were originally
located; and
(c) In case where, demolition credit crosses over a divided
lot, the property owner must direct in writing to which lot
the credit should be applied.
(5) Where there is a redevelopment that includes a change of use
of all or part of a non-residential building or structure to
residential or other non-residential use, a reduction against the
development charge otherwise payable pursuant to the By-law
will be allowed. The amount of the reduction will be equal to the
amount calculated by multiplying the applicable non-residential
development charge payable by the total floor area that has
been demolished or converted to residential or other non-
residential use. Such credit or partial credit shall be applicable
where on the issuance of a building permit permitting the
change of use.
(6) Where there is a redevelopment that includes a change of use
of all or part of a residential building or structure to a non-
residential use, a reduction against the development charge
otherwise payable pursuant to the By-Law will be allowed. The
amount of the reduction will be equal to the amount of the
development charge under the service categories: Services
Related to a Highway: Operations, Fire Protection Services,
Parks & Recreation, Library Services, Development Related
Studies and By-law Enforcement, for the number and type of
units being converted to non-residential use. Such credit or
partial credit shall be applicable where on the issuance of a
building permit permitting the change of use.
(7) Despite any other provisions in this By-law, whenever a
reduction is allowed against a development charge otherwise
payable pursuant to the By-law and the amount of such
reduction exceeds the amount of the development charge
otherwise payable to this By-law, no further reductions shall be
allowed against any other development charges payable and no
refund shall be payable.
(8) Notwithstanding subsections (1) to (7) inclusive, if lands,
building(s) and/or structure(s) of the subject development was
previously exempt, no reduction against development charges
will be allowed.
(9) In the case of the structure being razed by fire, the date of the
fire will be considered the demolition date for the administration
of the above.
(10) Asa transitional provision, for demolitions or structures razed
by fire occurring before the effective date of this by-law but after
November 6, 1991, the effective date of the demolition or fire
shall be the effective date of this by-law for the purposes of
administering this section.
(11) | Redevelopment credits shall not be transferable to other lands
except in the case of where the demolition credit crosses over
a divided lot as outlined in this section.
Temporary Buildings or Structures
9. (1) Notwithstanding any other provision of the by-law, development
charges shall not be imposed under this bylaw in respect of the
construction or erection of a temporary building or structure so
long as its status as a temporary building or structure is
maintained in accordance with the provisions of this by-law.
(2) Upon application being made for the issuance of a building
permit for the construction or erection of a temporary building or
structure to which, but for subsection 1 of this section,
development charges apply, the Town may require the owner
or owners of the land on which such temporary building or
structure is to be constructed or erected to either:
(a) pay for development charges on the proposed
temporary building for which the owner or owners may
apply for a refund no later than one month following
the time period defined in this by-law for temporary
buildings or structures; or
(b) enter into an agreement with the Town pursuant to
section 27 of the Act and submit security, satisfactory
to the Town, to be realized upon in the event that the
temporary building or structure becomes protracted
and development charges thereby become payable.
(3) In the event that a temporary building or structure becomes
protracted, it shall be deemed not to be, nor ever to have been
a temporary building or structure and, subject to any agreement
made pursuant to section 27 of the Act, development charges
under this by-law shall become payable forthwith.
Exemptions
10. (1) Notwithstanding any other provision of this by-law,
Development charges shall not apply to:
(a) a country inn,
(b) a building or structure used for the purpose of
agricultural tourism,
(c) a farm based home industry,
(d) a farm cidery,
(e) a farm winery,
(f) a garden suite,
(g) a non-residential agricultural building or structure,
(h) an outbuilding,
(i) an on-farm diversified use building or structure,
(j) a secondary dwelling on an agricultural property, used
as housing for farm help, in accordance with subsection
11 (4), and
(k) an on-farm wedding venue provided that the following
criteria are met:
(i) it is located on an agricultural property as a secondary
use
(ii) it is owned by a bona fide farmer; and
(iii) it operates as a wedding venue no more than 30
calendar days per year.
(2) a development charge, calculated in accordance with this by-
law, shall be immediately payable if the building or structure
being the subject of the exemption under (1) is converted to a
use that is not exempt under this by-law; in the case of a
secondary dwelling on an agricultural property, if at any time
following the occupancy permit date, a development charge,
calculated in accordance with this by-law, shall be immediately
payable if it is converted to a use that is not exempt under this
by-law.
(3) Notwithstanding any other provision of this by-law, development
charges shall not apply to a bed and breakfast establishment
subject to the following:
In the event that the construction of a single detached dwelling
for use as a bed and breakfast establishment results in the
imposition of, and payment of, development charges in
accordance with this by-law, the Town may provide a refund of
the Town development charges as imposed and paid where
there is compliance with the following conditions.
(a) A full refund may be provided where the dwelling has
been actively and continuously used for the purpose of
a bed and breakfast establishment for a period of ten
(10) years from the date of the payment of the
development charges.
(b) An application for refund shall be made, in writing, by the
owner of the dwelling containing the bed and breakfast
establishment on or before 31 March annually for a
maximum period of ten years, commencing in the first
calendar year after the date of payment of the
development charges.
(c) The refund is payable to the owner of the dwelling
containing the bed and breakfast establishment at the
time the refund is calculated.
(d) Upon application for the refund, the Town may review
the application to determine whether the application
meets the conditions of this by-law, and may
(i) refund to the owner of the dwelling 1/10" of the
amount of the paid development charges if the
dwelling has been actively and continuously
used throughout the previous year as a bed and
breakfast establishment, or
(ii) refund to the owner of the dwelling a
proportionate share of the 1/10" of the amount
of the paid development charges, calculated on
a monthly basis, if the dwelling has not been
actively and continuously used throughout the
previous year as a bed and_ breakfast
establishment, and
(iii) retain the balance, if any, of the paid
development charges for each year during which
the dwelling was not yet been used as a bed and
breakfast establishment.
(e) The applicant for the refund, and the owner of the
dwelling, if the owner is a different entity or person than
the applicant, shall, at the time of the application for the
refund, grant permission in writing to the Town, its
agents, employees and inspectors to enter the dwelling
at any time during the ten years, upon reasonable
notice, to determine whether the dwelling is used for the
purpose of a bed and breakfast establishment.
(f) The current owner of the dwelling shall advise any
purchaser of the dwelling of the refund available
pursuant to the provisions of this by-law.
(g) The owner of the dwelling who is making the application
for the refund shall provide all information requested by
the Town to verify that the owner is entitled to a refund
pursuant to the provisions of this by-law.
(h) In making the application, the owner of the dwelling shall
complete the form prepared for the purpose by the
Town.
(i) No interest or indexing is payable in respect to the
refund of the Town paid development charges.
(j) The entire application for refund, including future
applications available in the remaining ten year period,
shall be deemed abandoned in any or all of the following
circumstances in any year that
(i) the owner of the dwelling containing the bed and
breakfast establishment fails to make an
application for the refund within the time
required by this by-law,
(ii) the Town makes a payment to the owner of the
dwelling containing the bed and _ breakfast
establishment in accordance with section 11 (2)
(d) ii and the use of the dwelling as a bed and
breakfast establishment ceased in the previous
year, or
(iii) the operator of the bed and_ breakfast
establishment has declared bankruptcy.
(k) The seasonal operation of a dwelling as a bed and
breakfast establishment, where the establishment does
not operate for a maximum of 5 months during the year,
shall not be deemed to be an abandonment or cessation
of the use of the dwelling as a bed and breakfast
establishment for the purpose of section 11 (2) (j)
(4) At the Town's discretion, the Town may require that the owner
of a property entitled to any exemption in Part 10 of this by-law
to enter into an agreement and submit, maintain, and if required
supplement a non-revocable letter of credit, or other form of
security, in an amount and upon terms satisfactory to the
Treasurer, to be realized upon by the Town in the event that the
building or structure is later determined by the Town to have a
use that attracts development charges.
(a) Securities shall be held by the Town for a period not to
exceed 36 months from the date that a building permit
is issued with respect to the development.
(b) If the Town determines that an exemption does not
apply to a property once it is constructed and occupied,
development charges shall be calculated and
immediately payable and posted securities realized on.
(c) If the development charges calculated are higher than
the securities available, any excess will be added to the
property tax roll and collected in the same manner as
property taxes.
(5) Notwithstanding any other provision of this by-law, the Council
of the Town may, by resolution, provide for a grant in lieu of
payment of development charges in whole or in part with
respect to land to be developed for an institutional use.
(6) The exemption as set out in subsection 10 (1) (j) will only apply
to new secondary dwellings that have not paid development
charges, or obtained a building permit as of the date that this
by-law comes into force and effect, and upon removal, will not
be entitled to a demolition/redevelopment credit under section
8. If a severance is granted by the Town creating a separate lot
where the secondary dwelling for farm help rests, a
development charge, calculated in accordance with this by-law
at the time of severance, shall be immediately payable.
(7) A building or structure, as set out in subsection 10 (1) or
subsection 2 (2), that is eligible for an exemption or partial
exemption from the payment of development charges pursuant
to this by-law, shall have the amount of any exemption or partial
exemption deducted from the amount eligible for any grants
under the Town's Community Improvement Plan, in respect of
the same development.
(8) A building or structure, as set out in subsection 10 (1) or
subsection 2 (2), that is eligible for an exemption or partial
exemption from the payment of development charges pursuant
to this by-law, shall have the amount of any exemption or partial
exemption reduced by the amount of any Town Community
Improvement Plan grant received, in respect of the same
development.
Indexing
11. The development charges described in Schedule A to this by-law shall
be adjusted without amendment to this by-law on February 1st and
August 1'tin each year, commencing on 1 August, 2024, in accordance
with the Statistics Canada Quarterly Construction Price Statistics
(catalogue number 62-007) with the base index value being that in
effect on 1 February, 2024.
Payment of Development Charges
12. (1) Development charges, adjusted in accordance with Section
11 of this by- law to the date of payment, shall be payable:
(a) in regard to development charges imposed under
subsection 2 of section 5 of this by-law, with respect
to each dwelling unit in a building or structure for
which a building permit is issued, on the date that the
building permit is issued; and,
(b) in regard to development charges imposed under
subsection 3 of section 5 of this by-law, with respect
to a building or structure for which a building permit is
issued, on the date that the building permit is issued.
(2) Notwithstanding subsection 12 (1) of this by-law, the amount of
development charge will be determined in accordance with
Sections 26, 26.1 and 26.2 of the Act, prior to the issuance of
the building permit or revision to building permit;
(3) Notwithstanding subsections 12 (1) and (2) of this by-law,
development charges for Rental Housing and _ Institutional
Developments in accordance with Section 26.1 of the Act, are
due inclusive of interest established from the date the
development charge would have been payable in accordance
with section 26 of the Act, in 6 equal annual payments beginning
on the date that is the earlier of:
(a) the date of the issuance of a permit under the Building
Code Act, 1992 authorizing occupation of the building;
and
(b) the date the building is first occupied and continuing on
the following five anniversaries of that date.
(4) In the alternative to payment by the means provided in
subsection 1 of this section, the Town may, by an agreement
made under section 38 of the Act with the owner or owners of
land that is to be developed, accept the provision of services in
full or partial satisfaction of development charges otherwise
payable by such owner or owners, provided that:
(a) if the Town and such owner or owners cannot agree
as to the reasonable cost of providing the services,
the dispute shall be referred to the Council of the
Town and its decision shall be final and binding; and,
(b) if the reasonable cost of providing the services
exceeds the amount of the development charge for
the service to which the work relates:
(i) the excess amount shall not be credited against
the development charge for any other service,
unless the Town has so agreed in an agreement
made under section 39 of the Act; and,
(ii) in no event shall the Town be required to make
a cash payment to such owner or owners.
(5) Nothing in this by-law shall prevent the Council of the Town from
requiring, as a condition of any approval under the Planning Act,
that the owner or owners of land install such local services as
the Council of the Town may require in accordance with the
policies of the Town with respect to local services.
(6) Notwithstanding subsections 12 (1) through (5), the Town may
require the owner or owners of land that is to be developed to
enter into an agreement, including the provision of security for
the obligations of such owner or owners under the agreement,
pursuant to section 27 of the Act providing for all or part of a
development charge to be paid before or after it otherwise
would be payable, and the terms of such agreement shall
prevail over the provisions of this by-law.
Unpaid Development Charges
13. (1) If a development charge or any part thereof remains unpaid
after it is payable, the amount unpaid shall be added to the tax
roll and shall be collected in the same manner as taxes.
(2) If any unpaid development charges are collected as taxes in
accordance with subsection 1 of this section, the monies so
collected shall be credited to the appropriate development
charges reserve fund.
Effective Date
14. This by-law shall come into force and effect on May 30, 2024.
Repeal
15. By-law No. 2019-31, as amended, shall be and is hereby repealed
effective on the date that this by-law comes into force and effect.
Expiry Date
16. This by-law shall expire ten years from the date that it comes into force
and effect, unless it is repealed at an earlier date by a subsequent by-
law.
Onus
17. The onus is on the owner or the applicant to produce evidence to the
satisfaction of the Town which establishes that the owner or applicant
is entitled to any exemption from the payment of development charges
claimed, reduction in the payment of or refund of development charges
claimed under this by-law.
Refunds
18. Where all or part of a development charge paid is refunded due to a
cancellation or revocation of a building permit, or where it is
subsequently determined by the Town that there was an error in the
calculation of the amount of such payment that there was an
overpayment of development charges, the Treasurer is authorized to
refund to the payor the amount of overpayment without interest. The
Treasurer is authorized to pay such refund from the applicable
development charge reserve fund or funds.
Registration
19. A certified copy of this by-law may be registered in the by-law register
in the Peel Land Registry Office and/or against the title to any land to
which this by-law applies.
Severability
20. In the event that any provision of this by-law is found by a court of
competent jurisdiction to be invalid, such provision shall be deemed to
be severed, and the remaining provisions of this by-law shall remain in
full force and effect.
Headings
21. The headings inserted in this by-law are for convenience of reference
only and shall not affect the interpretation of this by-law.
Schedules
22. Schedule "A" attached to this by-law shall be deemed to be a part of
this by-law.
Short Title
23. This by-law may be referred to as the 2024 Town-Wide Roads &
Related Development Charges By-law.
Enacted by the Town of Caledon Council this 21% day of May, 2024.
Acting Mayor N. de Boer
On behalf of | Annette Groves, Mayor
Kevin Klingenberg
Kevin Klingenberg, Municipal Clerk
SCHEDULE "A"
BY-LAW 2024-043
SCHEDULE OF DEVELOPMENT CHARGES
i
Residential Non-Residential
Service ; ; Apartments Small Units (70m72| Other Residential Special Care / Calculated Charge
Singles & Semis ; j ;
(>70m7?) or less) Dwellings Special Needs Units per m2
Services Related to a Highway: Roads & Related $26,464 $18,195 $10,678 $23,992 $7,272 $75.46