Development Charges By-law 149-2022 (revised, post-OLT settlement)
Chatham-Kent, Ontario
· No. 149-2022
· adopted 2022-08-08
· summary & facts
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The Corporation of the Municipality of Chatham-Kent
By-Law Number 149-2022
A by-law to establish development charges for the Municipality of Chatham-Kent
Whereas the Corporation of the Municipality of Chatham-Kent will experience growth
through development and re-development;
And Whereas development and re-development requires the provision of capital works
by the Municipality of Chatham-Kent;
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 excessive financial
burden on the Municipality of Chatham-Kent or its existing taxpayers while at the same
time ensuring new taxpayers contribute no more than the net capital cost attributable to
providing the current level of municipal services;
And Whereas the Development 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 charge background study has been completed in
accordance with the Act;
And Whereas the Council of The Corporation of the Municipality of Chatham-Kent has
given notice of and held a public meeting on the 11th day of July, 2022 in accordance
with the Act and the regulations thereto;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF CHATHAM-KENT ENACTS AS FOLLOWS:
1. INTERPRETATION
1.1. In this By-law the following items shall have the corresponding meanings:
"Act" means the Development Charges Act, as amended, or any
successor thereof;
"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 principle use, building or structure;
"affordable housing unit" means a Dwelling Unit that meets the definition
for Affordable Housing. An Affordable Housing Unit does not include a
Secondary Dwelling;
"affordable housing" means housing accommodations and incidental
facilities primarily for persons of low and moderate income that meet the
requirements of any program for such purpose as administered by any
agency of the Federal or Provincial government or the Municipality of
Chatham-Kent;
"affordable housing development" means development, redevelopment or
adaptive reuse of a property with five (5) or more Dwelling Units all of
which are intended for use as rented residential premises where at least
25% of the units are Affordable Housing Units. An Affordable Housing
Development may include a retirement home within the meaning of
subsection 2 (1) of the Retirement Homes Act, 2010, but does not include
a long-term care home within the meaning of subsection 2 (1) of the Long-
Term Care Homes Act, 2007,
"ancillary" will have the same definition as "accessory";
"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;
"bedroom" means a habitable room larger than seven square metres,
including a den, study or other similar area, but does not include a living
room, dining room or kitchen;
"benefiting area" means an area defined by a map, plan or legal
description in a front-ending agreement as an area that will receive a
benefit from the construction of a service;
"board of education" has the same meaning as set out in the Education
Act, R.S.O. 19990, Chap. E.2, as amended, or any successor thereof;
"Building Code Act" means the Building Code Act, S.O. 1992, as
amended, or any successor thereof;
"bunk house" means a building accessory to a permitted agricultural use
containing kitchen and bathroom facilities and sleeping accommodation in
individual or combination rooms for workers directly employed by the
permitted use;
"cannabis/marijuana facilities" means a building used, designed or
intended for growth, producing, testing, destroying, storing or distribution,
excluding retail sales, of medical marijuana or cannabis authorized by a
license issued by the federal Minister of Health pursuant to section 25 of
the Marihuana for Medical Purposes Regulations, SOR/2013-119, under
the Controlled Drugs and Substances Act, S.C. 1996, c.19;
"class" means a grouping of services combined to create a single service
for the purposes of this by-law and as provided in section 7 of the Act;
"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,
(a) to acquire land or an interest in land, including a leasehold interest,
(b) to improve land,
(c) to acquire, lease, construct or improve buildings and structures,
(d) to acquire, construct or improve facilities, including:
(i) furniture and equipment other than computer equipment; and
(ii) material acquired for circulation, reference or information
purposes by a library board as defined in the Public Libraries
Act, R.S.O. 19990, Chap. P.44, as amended, or any
successor thereof; and
(iii) rolling stock with an estimated useful life of seven years or
more; and
(e) to undertake studies in connection with any matter under the Act
and any of the matters in clauses (a) to (d) above, including the
development charge background study,
required for the provision of services designated in this By-law within or
outside the Municipality, including interest on borrowing for those
expenditures under clauses (a) to (e) above that are growth-related;
"commercial" means any non-residential development not defined under
"institutional" or "industrial";
"Council" means the Council of the Municipality;
"development" means the construction, erection or placing of one or more
buildings or structures on land or the making of an addition or alteration to
a building or structure that has the effect of increasing the size of usability
thereof, and includes redevelopment;
"development charge" means a charge imposed with respect to this By-
law;
"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" means the number, use and size that existed as of the date this
By-law was passed;
"existing industrial building" shall have the same meaning as the term is
defined in the Regulation,
"farm building" means that part of a bona fide farming operation
encompassing barns, silos and other ancillary development to an
agricultural use, but excluding a residential use;
"grade" means the average level of finished ground adjoining a building or
structure at all exterior walls;
"greenhouse" means a structure that is used for commercially growing
plants in regulated temperatures, humidity and ventilation. A greenhouse
is an immense heated building, also referred to as a hothouse or
conservatory, covering acres of ground and used for growing fruits,
vegetables or flowers;
"gross floor area" means:
(a) _ in the case of a residential building or structure, the total area of all
floors above grade of a dwelling unit measured between the outside
surfaces of exterior walls or between the outside surfaces of
exterior walls and the centre line of party walls dividing the dwelling
unit from any other dwelling unit or other portion of a building; and
(b) -- inthe case of a non-residential building or structure, or in the case
of a mixed-use building or structure with respect to the non-
residential portion thereof, the total area of all building floors above
or below grade measured between the outside surfaces of the
exterior walls, or between the outside surfaces of exterior walls and
the centre line of party walls dividing a non-residential use and a
residential use, except for:
(i) a room or enclosed area within the building or structure
above or below that is used exclusively for the
accommodation of heating, cooling, ventilating, electrical,
mechanical or telecommunications equipment that service
the building;
(ii) loading facilities above or below grade; and
(iii) | apart of the building or structure below grade that is used for
the parking of motor vehicles or for storage or other
accessory use;
"industrial" means lands, buildings or structures used or designed or
intended for use for manufacturing, processing, fabricating or assembly of
raw goods, warehousing or bulk storage of goods, and includes office
uses and the sale of commodities to the general public where such uses
are accessory to an industrial use, but does not include the sale of
commodities to the general public through a warehouse club. The portion
of a Cannabis/Marijuana facility not used for growing of the product will
also be included in this category;
"Institutional" means development of a building or structure intended for
use
(a) asa long-term care home within the meaning of subsection 2 (1) of
the Long-Term Care Homes Act, 2007;
(b) as aretirement home within the meaning of subsection 2 (1) of the
Retirement Homes Act, 2010;
(c) by any of the following post-secondary institutions for the objects of
the institution:
(i) a university in Ontario that receives direct, regular, and
ongoing operating funding from the Government of Ontario,
(ii) a college or university federated or affiliated with a university
described in subclause (i), or
(iii) | an Indigenous Institute prescribed for the purposes of
section 6 of the Indigenous Institutes Act, 2017;
(d) |asamemorial home, clubhouse or athletic grounds by an Ontario
branch of the Royal Canadian Legion; or
(e) as ahospice to provide end of life care;
"interest rate" means the annual rate of interest calculated at the
development charge interest policy, as may be revised from time to time;
"local board" means a local board as defined in the Development Charges
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 with respect to the lands under
sections 41, 51 or 53 of the Planning Act, R.S.O. 19990, Chap. P.13, as
amended, or any successor thereof;
"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 and apartment unit dwellings;
"Municipality" means the Corporation of the Municipality of Chatham-Kent;
"non-profit housing" means development of a building(s) or structure(s)
intended for use as residential premises, including any non-residential
accessory buildings or structures, by,
(a) | acorporation 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) | acorporation without share capital to which the Canada Not-for-
profit Corporations Act applies, that is in good standing under that
Act and whose primary object is to provide housing; or
(c) | anon-profit housing co-operative that is in good standing under the
Co-operative Corporations Act;
"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;
"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;
"place of worship" means that part of a building or structure that is exempt
from taxation as a place of worship under the Assessment Act, R.S.O.
1990, Chap. A.31, as amended, or any successor thereof;
"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 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;
"Secondary dwelling unit" means a dwelling unit, whether contained within
a proposed single detached dwelling or semi-detached dwelling, or
ancillary to a single detached dwelling or a semi-detached dwelling
including but not limited to a coach house, laneway suite or structure
constructed above an existing garage or other structure separate from the
primary dwelling unit, which comprises an area less than the gross floor
area of the primary dwelling unit and is not capable of being legally
conveyed as a separate parcel of land form the primary 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
wall, but not other parts, attached or another dwelling unit where the
residential units are not connected by an interior corridor;
"service" (or "services") means a service designated in Schedule "A" to
this By-law;
"servicing agreement" means an agreement between a landowner and the
Municipality relative to the provision of municipal services to specified land
within the Municipality;
"single detached dwelling unit" means a residential building consisting of
one dwelling unit and not attached to another structure, including mobile
homes; and
"special care/special need dwellings" mean a residential building or portion
thereof;
(a) containing more than two (2) dwelling units, which units have a
common entrance from street level:
(b) where the occupants have the right to use in common, halls, stairs,
yards, common rooms and accessory buildings but which do not
have their own private sanitary and full culinary facilities;
(c) that is designed to accommodate individuals with specific needs,
including independent permanent living arrangements; and
(d) | where support services such as meal preparation, grocery
shopping, laundry, housekeeping, nursing, respite care and
attendant services are provided at various levels; and
(e) -- includes but is not limited to, retirement homes or lodges, long-term
care homes, charitable homes, group homes (including correctional
group homes) and hospices;
"Trailer" means any vehicle constructed to be attached and propelled by a
motor vehicle and that is capable of being used by persons for living,
sleeping or eating, even if the vehicle is jacked-up or its running gear is
removed. Trailers include tent trailers or similar transportable
accommodation, except a mobile home or park model trailer.
2. DESIGNATION OF SERVICES AND CLASSES
2.1. The categories of services and classes for which development charges
are imposed under this By-law are as follows:
(a) Services Related to a Highway;
(b) Fire Protection Services;
(c) Policing Services;
(d) Parks and Recreation Services;
(e) Library Services;
(f) Ambulance Services;
(g) | Waste Diversion Services; and
(h) Growth Studies.
2.2 The components of the services and classes designated in section 2.1 are
described in Schedule A.
3. 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 section 3.3, this By-law applies to all lands in the Municipality of
Chatham-Kent whether or not the land or use thereof is exempt from
taxation under s.13 of the Assessment Act.
3.3. Notwithstanding clause 3.2 above, this By-law shall not apply to lands that
are owned by and used for the purposes of:
(a) aboard as defined in subsection 1 (1) of the Education Act,
(b) -- the Municipality of Chatham-Kent or a local board thereof.
Approvals for Development
3.4 (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, R.S.O. 1990, Chap. C.26, as amended,
or any successor thereof; or
(vii) the issuing of a permit under the Building Code Act 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.
Exemptions
3.5 Notwithstanding the provisions of this By-law, development charges shall
not be imposed with respect to the following residential criteria:
dwellings a single dwelling unit, that are not attached to other units must be less than or equal to the gross floor area of
buildings the dwelling unit already in the building
srtenwosninn [eemmeetmetcrme, | __(gngmeraaggereermetmom
dwellings or row dwellings a single dwelling unt, that have one or two vertical {ess than or equal to the gross floor area of the dwelling
walls, but no other parts, atlached to other buildings unit already in the building.
Fl Eel FL
buildings contains four or more dwelling units. existing units in the buitding
Other existing residential An existing residential building not in another class of The gross floor area of the additional dwelling unit must be
---- a
civeilling unit already in the building.
Proposed new detached Proposed new residential buildings that would not be | The proposed new detached | The proposed new detached dwelling must be located on
contain a second dwelling unit, that being either of two dwelling units. semi-detached dwelling or row dvelling would be located
the two dwelling units, if the units have the same
gross floor area, or the smaller of the dwelling units
detached dwellings or row one or two vertical walls, but no other parts, attached | detached dwelling or row must be located on a parcel of land on which no other
dwellings to other buildings and that are permitted to contain a | dwelhng must only contain detached dwelling, semi-detached dwelling or row dwetting
second dwelling unit, that being either of the two two dwelling units would be located
divelling units, if the units have the same gross floor
area, of the smaller of the dweiling units.
buildings that vould be ancillary to a proposed new detached dwelling, semi- | dwelling, semi-detached new residential building must be equal to or tess than the
ancillary to a proposed new detached dwelling or row dwelling and that are dwelling or row dwelling, to grass floor area of the detached dwelling, semi-detached
detached dwelling, semt- permitted to contain a single dwelling unit. which the proposed new dwelling or row dwelling to which the proposed new
detached dwelling or row residential building would be | residential building is ancillary
dwelking ancillary, must onty contain
one dwelling unit.
Source: O. Reg. 82/98, s. 2.
3.6 | Exemption for Industrial Development:
(a) Notwithstanding any other provision of this by-law, no development
charge is payable with respect to an enlargement of the gross floor
area of an existing industrial building where the gross floor area is
enlarged by 50 percent or less.
(b) -- 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:
(i) determine the amount by which the enlargement exceeds 50
percent of the gross floor area before the enlargement; and
(ii) divide the amount determined under subsection (i) by the
amount of the enlargement.
3.7. For the purpose of section 3.6 herein, "existing industrial building" is used
as defined in the Regulation made pursuant to the Act.
3.8 Other Exemptions:
(a) Notwithstanding the provision of this by-law, development charges
shall not be imposed with respect to:
(i) lands, buildings or structures used or to be used for a place
of worship or for the purposes of a cemetery or burial ground
exempt from taxation under the Assessment Act;
(ii) | the issuance of a building permit in accordance with
subsection 2 (3) of the Act;
(iii) | A college or university and student accommodation related
directly to the college and/or university; and
(iv) -- Industrial development;
(v) Public hospitals;
(vi) | Children's Treatment Centre of Chatham-Kent;
(vii) Chatham-Kent Municipal Airport;
(viii) Affordable Housing Unit;
(ix) | Non-profit housing;
(x) Farm buildings, excluding on-farm bunk houses and
greenhouses; and
(xi) | Rental Housing with fifty (50) or more Dwelling Units - 50%
D.C. reduction.
Amount of Charges
Residential
3.9 The development charges set out in Schedule B shall be imposed on
residential uses of land, 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, according to the type of residential unit and calculated with
respect to each of the services according to the type of residential use.
Non-Residential
3.10 The development charges set out in Schedule B shall be imposed on
commercial/institutional/greenhouse uses of land, buildings or structures,
including a dwelling unit accessory to a non-residential use and, in the
case of a mixed-use building or structure, in accordance with section 3.13
of the By-law.
Reduction of Development Charges for Redevelopment
3.11 Despite any other provisions of this By-law, where, as a result of the
redevelopment of land, a building or structure existing on the same land
within 60 months prior to the date of payment of development charges in
regard to such redevelopment was, or is to be demolished, in whole or in
part, or converted from one principal use to another principal use on the
same land in order to facilitate the redevelopment, the development
charges otherwise payable with respect to such redevelopment shall be
reduced by the following amounts:
(a) _ in the case of a residential building or structure or, in the case of a
mixed-use building or structure, the residential uses in the mixed-
use building or structure, an amount calculated by multiplying the
applicable development charge under section 3.9 by the number,
according to type, of dwelling units that have been or will be
demolished or converted to another principal use; and
(b) in the case of a non-residential building or structure or, in the case
of a 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 section 3.10,
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.
Time of Payment of Development Charges
3.12 Development charges imposed under this By-law are calculated, payable
and collected upon issuance of a building permit with respect to each
dwelling unit, building or structure.
3.13 Notwithstanding subsections 3.9 and 3.10, development charges for rental
housing and institutional developments are due and payable in 6
instalments commencing with the first instalment payable on the date of
occupancy, and each subsequent instalment, including interest (as
provided in the Municipality's Development Charge Interest Policy, as
amended), payable on the anniversary date each year thereafter.
3.14 Notwithstanding subsections 3.9 and 3.10, Development Charges for non-
profit housing developments are due and payable in 21 instalments
commencing with the first instalment payable on the date of occupancy,
and each subsequent instalment, including interest (as provided in the
Municipality's Development Charge Interest Policy, as amended), payable
on the anniversary date each year thereafter.
3.15 Where the development of land results from the approval of a Site Plan or
Zoning Bylaw 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 3.9 and 3.10 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 3.9 and 3.10 shall be
calculated on the rates, including interest (as provided in the Municipality's
Development Charge Interest Policy, as amended), set out in Schedules
"B" on the date of the later planning application, including interest.
3.16 Despite section 3.12, Council from time to time, and at any time, may
enter into agreements providing for all or any part of a development
charge to be paid before or after it would otherwise be payable, in
accordance with section 27 of the Act.
4. PAYMENT BY SERVICES
4.1 Despite the payment required under sections 3.9 and 3.10, Council may,
by agreement, give a credit towards a development charge in exchange
for work that relates to a service to which a development charge is
imposed under this By-law.
5. INDEXING
5.1. Development charges imposed pursuant to this By-law shall be adjusted
annually, without amendment to this By-law, commencing on the 1° of
January 2023 and each year thereafter, in accordance with the prescribed
index in the Act.
6. SCHEDULES
6.1. The following schedules shall form part of this By-law:
Schedule A -- Components of Services and Classes Designated in section
2.1
Schedule B -- Residential and Non-Residential Development Charges.
7. CONELICTS
7.1. Where the Municipality and an owner or former owner have entered into
an agreement with respect to land within the area to which this By-law
applies, and a conflict exists between the provisions of this By-law and
such agreement, the provisions of the agreement shall prevail to the
extent that there is a conflict.
7.2. Notwithstanding section 7.1, where a development which is the subject of
an agreement to which section 7.1 applies, is subsequently the subject of
one or more of the actions described in subsection 3.4 (a), an additional
development charge in respect of the development permitted by the action
shall be calculated, payable and collected in accordance with the
provisions of this By-law if the development has the effect of increasing
the need for services, unless such agreement provides otherwise.
8. SEVERABILITY
8.1 _ If, for any reason, any provision of this By-law is held to be 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,
amended or modified.
9. DATE BY-LAW EXPIRES
9.1. This By-law will expire at 12:01 AM on August 9, 2027 unless it is
repealed by Council at an earlier date.
This By-law shall come into full force and effect upon the final passing thereof.
Read a First, Second and Third Time this 8th day of August, 2022.
Mayor Darrin Canniff
Clerk -- <i
SCHEDULE "A" TO BY-LAW 149-2022
COMPONENTS OF SERVICES AND CLASSES DESIGNATED IN SECTION 2.1
Development Charge Eligible Services:
(a) Services Related to a Highway;
(b) Fire Protection Services;
(c) Policing Services;
(d) Parks and Recreation Services;
(e) Library Services;
(f) Ambulance Services;
(g) Waste Diversion Services;
Development Charges Eligible Classes:
(h) Growth Studies
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