PUC Water and Wastewater Development Charges By-law 30-2024
Chatham-Kent, Ontario
· No. 30-2024
· adopted 2024-03-18
· summary & facts
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By-Law Number 30-2024
The Corporation of the Municipality of Chatham-Kent
A By-law for the Imposition of Development Charges
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 physical and
social services 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 4" day of March 2024, 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 principal use, building or structure;
"Affordable Residential Unit" means a Dwelling Unit that meets the criteria
set out in subsection 4.1(2) or 4.1(3) of the Act;
"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;
"Attainable Residential Unit" means a Dwelling Unit that meets the criteria
set out in subsection 4.1(4) of the Act;
"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;
"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.
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 (d) 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;
"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) in the 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) | a part of the building or structure below grade that is
used for the parking of motor vehicles or for storage
or other accessory use;
"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 development" means development of a building or structure
that meets the criteria set out in section 11.1(2) of O.Reg. 82/98 to the Act;
"interest rate" means the annual rate of interest as set out in section 26.3
of the Act;
"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 development" means Development of a building or
structure that meets the criteria set out in section 4.2 of the 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 (4)
or more residential 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;
"retirement/nursing home dwelling" means a building containing two or
more dwelling units which have a common entrance from street level,
where the occupants have the right to use in common, halls, stairs, yards,
common rooms and accessory buildings, which may or may not have
exclusive sanitary and/or culinary facilities, that is designed to
accommodate persons with specific needs, including independent
permanent living arrangements, where support services such as meal
preparation, grocery shopping, laundry, housekeeping, nursing, respite
care and attendant services are provided at various levels, and includes
retirement homes and lodges, nursing homes, charitable homes, group
homes (including correctional group homes) and hospices;
"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
"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
2.1. The categories of services for which development charges are imposed
under this By-law are as follows:
(a) Water Services
(b) Wastewater Services
2.2 The components of the services 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 Acct.
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 section 1(1) of the Education Act;
(b) -- the Municipality of Chatham-Kent or a local board thereof;
(c) land vested in or leased to a university that receives regular and
ongoing operating funds from the government for the purposes
of post-secondary education is exempt from development
charges imposed under the Development Charges Act, 1997 if
the development in respect of which development charges
would otherwise be payable is intended to be occupied and
used by the university.
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) a consent 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 Rules with Respect to Exemptions for Intensification of Existing or New
Housing
(a) Notwithstanding any other provision of this By-law, Development
Charges shall not be imposed with respect to:
(i) | anenlargement to an existing Dwelling Unit;
(ii) the creation of additional Dwelling Units equal to the greater of
one (1) or 1% of the existing Dwelling Units in an existing
Residential rental building containing four (4) or more Dwelling
Units or prescribed ancillary structure to the existing Residential
building;
(b) Notwithstanding any other provision of this By-law, Development
Charges shall not be imposed with respect to the creation of any of
the following in existing Single Detached Dwellings, Semi-Detached
Dwellings, Back-to-back Townhouse Dwellings or Stacked
Townhouse Dwellings:
(i) _Asecond Dwelling Unit 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 Residential
structure cumulatively contain no more than one (1) Dwelling
Unit.
(ii) A third Dwelling Unit 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 Residential
structure contains any Dwelling Units.
(iii) One Dwelling Unit on a parcel of urban Residential land, if the
existing structure contains no more than two (2) Dwelling Units
and no other building or structure ancillary to the existing
Residential structure contains any Dwelling Units.
(c) Notwithstanding any other provision of this By-law, Development
Charges shall not be imposed with respect to the creation of any of
the following in new Single Detached Dwellings, Semi-Detached
Dwellings, Back-to-back Townhouse Dwellings or Stacked
Townhouse Dwellings:
(i) | A second Dwelling Unit 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 Residential
structure cumulatively will contain no more than one (1)
Dwelling Unit.
(ii) | A third Dwelling Unit 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 Residential structure
contains any Dwelling Units.
(iii) One (1) Dwelling Unit in a building or structure ancillary to a
new Residential structure on a parcel of urban Residential land,
if the new Residential structure contains no more than two (2)
Dwelling Units and no other building or structure ancillary to the
new Residential structure contains any Dwelling Units.
3.6 Rules with Respect to Rental Units Reductions
(a) Notwithstanding any other provision of this By-law, the Development
Charges payable for Residential Development, where the Dwelling
Units are intended for rented Residential Use, will be reduced based
on the number of bedrooms in each Dwelling Unit, subject to Section
26.2(1.1) of the Act, as follows:
(i) Three (3) or more Bedrooms -- 25% reduction;
(ii) Two (2) Bedrooms -- 20% reduction; and
(iii) Fewer than two (2) Bedrooms -- 15% reduction
3.7 Exemption for Industrial Development:
(1) 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. The enlargement must be attached
to, or within, the existing industrial building, but shall not be
attached by means only of a tunnel, bridge, passageway, shared
below grade connection, foundation, footing, shared connected roof
or parking facility.
(2) 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 gross floor area before the
enlargement; and
(b) -- divide the amount determined under subsection (1) by
the amount of the enlargement.
3.8 For the purpose of section 3.7 herein, "existing industrial building" is used
as defined in the Regulation made pursuant to the Acct.
3.9 Other Exemptions:
Notwithstanding the provision of this by-law, development charges shall
not be imposed with respect to:
e the issuance of a building permit in accordance with section 2 (3) of
the Act;
e aplace of worship;
e acollege or university and student accommodation related directly
to the college and/or university;
e Non-profit Residential Development;
e Public Hospitals;
e Children's Treatment Centre of Chatham-Kent;
e Chatham-Kent Municipal Airport;
e Farm buildings, excluding on-farm bunk houses and greenhouses;
e Affordable Residential Units required pursuant to section 34 and
16(4) of the Planning Act (Inclusionary Zoning); and
e Asof the date on which section 4.1 of the Act is proclaimed into
force, the following shall be exempt from Development Charges:
o Affordable Residential Units; and
o Attainable Residential Units
e A development that provides for full private water servicing and will
not utilize Chatham-Kent water services, subject to the approval of
the Chatham-Kent P.U.C.
e A development that provides for full private wastewater servicing
and will not utilize Chatham-Kent wastewater services, subject to
the approval of the Chatham-Kent P.U.C.
Amount of Charges
Residential
3.10 (a) Subject to subsection 3.10 (b), the development charges set out
in Schedule 8 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.
(b) The following percentage of each service for residential uses, as
provided in Schedule B, shall be imposed in accordance to the
phase-in provisions of the Act:
Residential
Passage of 1st 2nd 3rd ath
By to salar ald aoe an Anniversary
. . " . to Expiry of
Anniversary | Anniversary | Anniversary | Anniversary By-law
of By-law of By-law of By-law of By-law y
Wastewater
services ~ All 80% 85% 90% 95% 100%
Residential
Water Services
-- All Other 80% 85% 90% 95% 100%
Residential
Wastewater
Services -- 25% 50% 50% 50% 50%
Bunk House
Non-Residential
Commercial/Institutional/Greenhouse Uses
3.11 (a) | Subject to subsection 3.11 (b), 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
3.14 of the By-law.
(b) The following percentage each service for non-residential uses
as provided in Schedule B, shall be imposed in accordance to
the phase-in provisions of the Act:
Passage of a ane 3 ath
Development Py to rial Anniver oe an ary Anniversary
Type Anniversary | Anniversary | Anniversary | Anniversary to ceinid of
of By-law of By-law of By-law of By-law y-raw
Industrial Uses
3.12 (a) Subject to subsection 3.12 (b), the development charges set out
in Schedule B shall be imposed on industrial uses of land,
buildings or structures and in the case of a mixed-use building
or structure, in accordance with section 3.14 of the By-law.
(b) The following percentage of each service for industrial uses, as
provided in Schedule B, shall be imposed in accordance to the
phase-in provisions of the Act:
Passage of 15 ane 3m qt
Bylaw to seein aaa oe Anniversary
Anniversary | Anniversary | Anniversary | Anniversary to Expiry of
of By-law of By-law of By-law of By-law By-law
Services
Reduction of Development Charges for Redevelopment
3.13 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
3.10 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 3.11, 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
3.14 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.
3.15 Despite section 3.14, 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.
3.16 Notwithstanding subsections 3.14 and 3.15, development charges for
rental housing and institutional developments are due and payable in 6
installments commencing with the first installment payable on the date of
first occupancy certificate issued, and each subsequent installment,
including interest (calculated in accordance with section 26.3 of the Act),
payable on the anniversary date each year thereafter.
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 2 years of building permit
issuance, the development charges under subsections 3.6 and 3.7 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 3.10, 3.11 and 3.12, the
calculations shall be based on the date of the later planning application as
set out in Schedule "B", including interest (calculated in accordance with
section 26.3 of the Act
4. Payment by Services
4.1. Despite the payment required under sections 3.10, 3.11, and 3.12, 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 first
anniversary date of this By-law and each anniversary date 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 Designated in Section 2.1
Schedule B - Residential and Non-Residential Development Charges.
7. Conflicts
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 in Force
9.1. This By-law shall come into effect at 12:01 AM on March 25, 2024.
10. Date By-law Expires
10.1 This By-law will expire at 12:01 AM on March 25, 2034, unless it is
repealed by Council at an earlier date.
11. Existing By-law Repealed
11.1. By-law Number 18-2019 is hereby repealed as of the date and time of this
By-law coming into effect.
Passed this 18" day of March 2024.
Mayor -- Darrin Canniff
: Fs =
Clerk -- a Si
Schedule "A" to By-law 30-2024
Components of Services Designed in Section 2.1
Water Services
Water Treatment
Water Supply (transmission main) Water Storage
Pumping Stations
Wastewater Services
Wastewater Treatment Facilities
Trunk Sewers
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