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The Corporation of the City of Clarence-Rockland
By-law 2025-93
A By-law with respect to Development Charges
WHEREAS the City of Clarence-Rockland ("the City") will experience growth
through development and re-development; and
WHEREAS development and re-development requires the provision of physical
and social services by the City of Clarence-Rockland; and
WHEREAS Council desires to ensure that the capital cost of meeting development-
related demands for or burden on municipal services does not place an excessive
financial burden on the City of Clarence-Rockland 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 permits Council to pass by-laws
for the imposition of development charges if development or re-development of
land within the City of Clarence-Rockland is for uses which would increase the
need for municipal services and any one or more of the actions set out in
subsection 2(2) of the Development Charges Act, 1997 are required for such
development or re-development; and
WHEREAS the Council of the Corporation of the City of Clarence-Rockland has
given notice in accordance with section 12 of the Act, of its intention to pass a
by-law under section 2 of the said Act; and
WHEREAS Council had before it a report entitled the "Development Charges
Background Study", submitted by Hemson Consulting Ltd. dated November 15,
2024 (the "Study"); and
WHEREAS Council of the Corporation of the City of Clarence-Rockland, hereby
determines that the future excess capacity identified in the Study dated
November 15, 2024, shall be paid for by the development charges contemplated
in the Study; and
WHEREAS Council of the City of Clarence-Rockland on October 8th 2025
determined that the increase in the need for services attributable to the
anticipated development as contemplated in the Study, including any capital
costs, will be met by updating the capital budget and forecast for the City of
Clarence-Rockland, where appropriate; and
WHEREAS by resolution adopted by Council of the City of Clarence-Rockland on
October 8th 2025 Council expressed its intention that infrastructure related to
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post-period benefit development shall be paid for by development charges; and
WHEREAS the Council of the City of Clarence-Rockland 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
basis; and
WHEREAS the Study dated November 15, 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; and
WHEREAS the Council of the City of Clarence-Rockland will give consideration to
incorporating the Asset Management Plan outlined in the Study within the City of
Clarence-Rockland ongoing practices and Corporate Asset Management Plan; and
WHEREAS Council has reviewed the Study and has considered the comments of
the public at a public meeting duly called on December 11, 2024 and July 28,
2025, to consider the enactment of a by-law under the Development Charges Act,
1997; and
WHEREAS Council of the Corporation of the City of Clarence-Rockland agrees that
no further public meetings are required under Section 12 of the Act.
THEREFORE, the Council of the Corporation of the City of Clarence-Rockland
enacts as follows:
1.
In this By-law terms have the following meanings:
(a) "Act" means the Development Charges Act, 1997, as amended;
(b) "Agricultural Use" means a use of land, buildings or structures for the
purpose of field crops, fruit farming, market gardening, dairying, animal
husbandry, poultry or beekeeping and such uses, structures and
buildings as are customarily related to a farming operation, but does not
include a Dwelling Unit;
(c) "Apartment Unit" (Apt) 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;
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(d) "Bedroom" (BR) includes any room which can be used as sleeping
quarters but does not include a kitchen, bathroom, living room or dining
room;
(e) "Board of Education" has the same meaning as that specified in
subsection 29(1) of the Act;
(f)
"Capital Cost" means costs incurred or proposed to be incurred by a
municipality or a local board or commission thereof directly or under an
agreement;
i.
to acquire land or an interest in land,
ii. to improve land,
iii. to acquire, construct or improve buildings and structures,
iv. to acquire, construct or improve facilities including,
1. rolling stock with an expected useful life of seven years or more,
furniture and equipment, excluding computer equipment and
2. materials acquired for circulation, reference or information
purposes by a library board as defined in the Public Libraries Act,
R.S.O. 1998, and
v. to undertake studies in connection with any of the matters in
clauses (f)(i) through (iv), required for the provision of designated
services;
(g) "City" means the City of Clarence-Rockland;
(h) "Commercial Use" means the use of land, structures or buildings for the
purposes of buying or selling commodities and services, but does not
include Industrial Use or Agricultural Use, but does include hotels,
motels, motor inns and boarding, lodging and rooming houses;
(i)
"Council" means the Council of the City of Clarence-Rockland;
(j)
"Development" means the construction, erection or placing of one or
more buildings or structures on land or the making of an addition or
alteration to a building or structure that has the effect of increasing the
size or usability thereof, and includes re-development;
(k) "Development Charge" means a charge imposed with respect to Growth-
Related Net Capital Costs against land pursuant to the provisions of the
within by-law;
(l)
"Duplex dwelling unit" shall mean a dwelling that is divided horizontally
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into two dwelling units;
(m) "Dwelling Unit" means one or more habitable rooms designed or
intended for use by one household exclusively as an independent and
separate unit in which separate kitchen and sanitary facilities are
provided for the exclusive use of the household with a private entrance
from outside the building or from a common hallway or stairway inside
the building;
(n) "Existing" means the number, use and size that existed as of the date
this by-law was passed;
(o) "Growth-Related Net Capital Cost" means the portion of the Net Capital
Cost of services that is reasonably attributable to the need for such Net
Capital Cost that results or will result from new development in all or a
defined part of the City;
(p) "Industrial Use" means the use of land, buildings or structures designed
for the purpose of manufacturing, assembling, making, preparing,
inspecting,
ornamenting,
finishing,
treating,
altering,
repairing,
warehousing or storing or adapting for sale of any goods, substance,
article or thing, or any part thereof and the storage of building and
construction equipment and materials, as distinguished from the buying
and selling of commodities and the supplying of personal services. This
definition does not include Agricultural Use;
(q) "Institutional Use" means land, buildings, structures or part thereof used
by any organization, group or association for promotion of charitable,
educational or benevolent objectives and not for profit or gain;
(r) "Local Board" means a school board, public utility commission,
transportation commission, public library board, board of park
management, local board of health, board of commissioners of police,
planning board, or any other board, commission, committee, body or
local authority established or exercising any power or authority under
any general or special Act with respect to any of the affairs or purposes,
including school purposes, of the City of Clarence-Rockland or any part
or parts thereof;
(s) "Local Services" means those services, facilities or things which are
within the boundaries of, about or are necessary to connect lands to
Services and an application has been made in respect of the lands under
sections 51 and 53 of the Planning Act, R.S.O. 1990;
(t) "Multiple Housing" means all residential dwellings other than single
detached dwellings, semi-detached dwellings, duplex dwellings and
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apartment units;
(u) "Net Capital Cost" means the Capital Cost less capital grants, subsidies
and other contributions made to the City or that the council of the
municipality anticipates will be made, including conveyances or
payments under sections 41, 51 and 53 of the Planning Act, R.S.O.
1990, in respect of the Capital Cost;
(v) "Non-Residential Use" includes Commercial, Industrial and Institutional
Uses;
(w) "Official Plan" means the Official Plan adopted for the City, as amended
and approved;
(x) "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;
(y) "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, c. A.31, as amended;
(z) "Rate" means the interest rate established weekly by the Bank of
Canada based on Treasury Bills having a term of 91 days;
(aa) "Regulation" means O. Reg. 82/98 as at February 20, 1998, as
amended;
(bb) "Residential Building" means a building, occupied or capable of being
occupied as a home, residence or sleeping place by one or more
persons, containing one or more Dwelling Units but not including motels,
hotels, tents, truck campers, tourist trailers, mobile camper trailers or
boarding, lodging or rooming houses;
(cc) "Residential Use" means the use of a building or structure or portion
thereof for one or more Dwelling Units. This also includes a Dwelling
Unit on land that is used for an Agricultural Use, but does not include
any other type of building erected on Agricultural land;
(dd) "Row Housing Dwelling Unit" means a building that is divided vertically
into three or more dwelling units, each of which has independent
entrances, to a front and rear yard immediately abutting the front and
rear walls of each dwelling unit;
(ee) "Semi-Detached Dwelling Unit" means the whole of the building divided
vertically from the foundation to the roof by an unpierced common wall
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into two separate dwelling units each of which has an independent
entrance directly from grade;
(ff) "Services" means those services, facilities, accommodations and things
shown on Schedule "A" to this by-law;
(gg) "Services in Lieu" means those Services specified in an agreement made
under clause 10 of this by-law;
(hh) "Servicing Agreement" means an agreement to provide municipal
services by the City of Clarence-Rockland to specified lands within the
municipality;
(ii) "Single Detached Dwelling Unit" means a completely detached dwelling
unit to which entrance is gained only by a private entrance outside the
building;
(jj) "Temporary building or structure" means a building or structure
constructed or erected on land for a continuous period not exceeding six
months, or an addition or alteration to a building or structure that has
the effect of increasing the total floor area thereof for a continuous
period exceeding six months;
(kk) "Total floor area" means:
i.
In the case of a residential use building or structure, or in the case
of a mixed-use building or structure with respect to the residential
use portion thereof, the total are of all floors measured between the
outside surfaces of exterior walls or between the outside surfaces of
exterior walls and the centre line of party walls separating the
dwelling unit from another dwelling unit or other portion of the
building;
ii. In the case of a non-residential use building or structure or in the
case of a mixed-use building or structure in respect of the non-
residential portion
Thereof, the total area of all building floors above or below grade
measured between the outside surfaces of the exterior walls or
between the outside surfaces of exterior walls and the centre line of
party walls separating two uses; and
1. Includes the area of a mezzanine as defined in the Ontario
Building Code; and
2. Excludes those areas exclusively for parking of vehicles unless
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the parking of vehicles is the primary use of the building or
structure.
(ll) "Unit" includes a Dwelling Unit and Apartment Unit;
(mm) "Zoning By-Law" means the Zoning By-Law of the City of Clarence-
Rockland, as adopted by Council, plus amendments or any successor
thereof passed pursuant to the Planning Act, R.S.O. 1990;
2.
(a) This by-law applies to all lands in the City of Clarence-Rockland whether
or not the land or use thereof is exempt from taxation under s. 13 of
the Assessment Act.
(b) Notwithstanding clause 2(a) above, this by-law does not apply to the
development of land that is owned by and used for the purposes of:
i.
A Board of Education;
ii. The City of Clarence-Rockland, or any local board or commission
thereof;
iii. The United Counties of Prescott & Russell or any local board thereof;
iv. A place of worship and the land used in connection therewith; and
v. Temporary buildings or structures provided that such buildings are
removed within six months of the issuance of a building permit.
vi. Affordable Housing as defined by subsection 4.1 (1) of the Act;
vii. non-profit housing as defined by subsection 4.2 (1) of the Act.
viii. Long-term care home development as defined by subsection 4.4 (1)
of the Act;
3.
Council hereby determines that the development of land, buildings or
structures for Residential and Non-Residential Uses have required or will
require the provision, enlargement, expansion or improvement of the
Services shown in the proportions applicable to each such use on Schedule
"A" hereto.
4.
(a) The development charge with respect to the use of any land,
buildings or structures shall be calculated as follows;
i.
In the case of residential development, or the residential portion of
a mixed-use development, based upon the number and type of
dwelling units; or
ii. In the case of non-residential development, or the non-residential
portion of a mixed-use development, based upon the total floor area
of such development
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(b) The development charges described in Schedule B-1 and B-2 to this By-
law shall be imposed on residential uses of lands, buildings or
structures, including a dwelling unit accessory to a non-residential use
and, in the case of a mixed-use building or structure, on the residential
component of the mixed-use building or structure, according to the type
of residential use.
(c) The development charges described in Schedule C-1 and C-2 to this By-
law shall be imposed on non-residential uses of lands, buildings or
structures and, in the case of a mixed-use building or structure, on the
non-residential components of the mixed-use building or structure and
calculated with respect to each of the services according to the total
floor area of the non-residential use.
(d) The Development Charges set out in this By-law are identified in
Schedules B-1, B-2, C-1 and C-2 hereto and are payable in full, subject
to the exemptions and credits herein from the effective date of this By-
law.
(e) No development charge shall be imposed if a building that has been
destroyed or legally demolished is rebuilt within five years of the
destruction or demolition. If a different type of building is constructed,
a credit equal to the development charge that would have been imposed
on the original building, will apply.
5. (a) The whole of the development charge imposed hereunder shall be
calculated and paid in full in accordance with Sections 26, 26.1 and 26.2
of the Act or on the date a building permit under the Building Code Act
is issued in respect of the building or structure for the use to which the
development charge hereunder applies.
(b) No building permit shall be issued for any building or structure in respect
of which the development charge applicable hereunder remains unpaid,
unless permitted under Section 26.1 of the Act or if an agreement
permits a later payment.
(c) The Council may enter into a written agreement providing for payment
of the development charges on any date that Council decides is
appropriate.
(d) The municipality may charge interest on the installments required by
Section 26.1(3) of the Development Charges Act from the date the
development charge would have been payable in accordance with
Section 26 of the Development Charges Act to the date the installment
is paid.
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(e) Where Section 26.2 (1) (a) or (b) of the Act applies, the municipality
may charge interest on the development charge from the date of the
application referred to in the applicable clause to the date the
development charge is payable under Section 26.2 (3) of the Act.
(f) The City may determine, by Council resolution or policy external to this
by-law, interest rates in relation to subsections (d) and (e) subject to
the rules of Section 26.3 of the Act.
6.
Nothing in this by-law prevents Council from requiring, as a condition of
approval under section 51 or 53 of the Planning Act, R.S.O. 1990, that the
Owner, at his own expense, install such Local Services as Council may
require or that the Owner install local connections to municipal services at
the Owner's expense.
7.
This By-law does not apply with respect to approvals related to the residential
development of land regarding additional dwelling units as defined in section
2 (3) of the Act and the related regulations.
8.
Development charges payable for rental housing developments, where all of
the dwelling units are intended to be used as rented residential premises,
shall be reduced, in accordance with s.26.2(1.1) of the Act, based on the
number of bedrooms in each dwelling unit as follows
(i)
3 or more bedrooms - 25% reduction
(ii)
2 bedrooms - 20% reduction; and
(iii)
all other quantities of bedrooms - 15% reduction
9.
The development charges established hereunder shall be adjusted without
amendment to this by-law annually as of the 31st of December in each year
commencing on 31st December 2026, in accordance with the most recent
twelve month change in Statistics Canada Quarterly, Construction Price
Statistics.
10. (a) Council, by written agreement, may permit an Owner to commute the
whole or such part of the development charge applicable to the Owner's
development, as may be specified in the agreement, by the provision at
the Owner's sole expense of Services in Lieu. Such agreement shall
further specify that where the Owner provides Services in Lieu in
accordance with the agreement, Council shall give to the Owner a credit
against
the
Development
Charge
otherwise
applicable
to
his
development equal to the reasonable cost of providing the Services in
Lieu.
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(b) In any agreement made under clause 10 (a), Council may also give a
further credit equal to the owner's reasonable cost of providing Services
in addition to or of a greater size or capacity than would be required
under this by-law, but may not give the credit against the development
charge payable.
(c) Any dispute as to the reasonable cost of providing the Services in Lieu
or the Services mentioned in clause 10 (a) and (b) above shall be
referred to the City of Clarence-Rockland Council whose decision shall
be final and binding.
11. A copy of this by-law may be registered against such lands in the City of
Clarence-Rockland as Council by resolution from time to time may direct.
12. Any amount of development charge which remains unpaid after the date
specified in clause 5 or in a written agreement shall be added to the tax roll
and collected as unpaid taxes.
13. The Treasurer of the City of Clarence-Rockland shall administer this by-law.
14. (a) Any agreement made under section 51 or 53 of the Planning Act, R.S.O.
1990, before the date this by-law comes into force which provides for
the payment of a lot levy, capital contribution or other charge shall
remain in full force and effect and be enforceable according to its terms.
(b) The Treasurer in calculating the development charge payable under
clause 4, above shall deduct from the development charge otherwise
payable any amount paid pursuant to an agreement mentioned in clause
10 (a), above.
(c) Where a lot levy, or development charge was collected as a condition
for a lot created by consent pursuant to Section 53 of the Planning Act
R.S.O. 1990, then the amount collected shall be deducted from the
Development Charge at the time the Building Permit is issued.
15. (a) Council directs the Treasurer to create individual reserve funds,
separate from the other reserve funds of the municipality, including
reserve funds created of administered under section 417 of the
Municipal Act for each of the services listed in Schedule "A" to this by-
law. The Treasurer shall deposit the development charges received
under this by-law into the appropriate reserve fund thus created and
shall pay from the appropriate reserve fund any amounts necessary to
defray the Net Capital Cost of the service.
(b) The amounts contained in the reserve funds established under clause
15 (a) above, shall be invested in accordance with subsection 417(2) of
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the Municipal Act and any income received from such investment shall
be credited to the said reserve fund in the proportions determined by
the balances in the accounts listed in Schedule "A" to this by-law as of
December 31 of the previous year.
16. Where any unpaid development charges are collected as taxes under clause
12 above, the money so collected shall be credited to the said reserve funds
in the proportions provided for in Schedule A.
17. The Treasurer of the City of Clarence-Rockland shall, in each year on or
before May 31, present to Council a statement in respect of the reserve fund
for the prior year established hereunder containing the information required
under the Regulation.
18. (a) If this by-law is amended or repealed by Council or the Ontario Land
Tribunal, the Treasurer shall determine within 30 days of the
amendment or repeal whether any owner has overpaid in respect of the
development charge payable hereunder immediately prior to the repeal
or amendment of this by-law and if such an overpayment has been
made, the Treasurer shall calculate the amount of such overpayment.
(b) Any overpayment determined under clause 18 (a), above shall be paid
to the person who made the payment by his or her last known address
within 30 days of the date of the repeal or amendment of this by-law.
(c) The refund payable under clause 18 (b), above shall be paid with
interest calculated from the date upon which the overpayment was
collected to the date on which the refund is made. Such interest shall
be paid at the Bank of Canada Rate in effect from time to time from the
date of enactment of this by-law as adjusted in clause 18 (d), below.
(d) The Bank of Canada Rate in effect on the date of enactment of this by-
law shall be adjusted on the first business day of January, 2025 to the
Rate established by the Bank of Canada on that day and shall be
adjusted four times each year thereafter on the first business day of
January, April, July and October to the Rate established by the Bank of
Canada on the day of the adjustment.
19. This by-law shall continue in force and effect for a term of 10 years from the
date of its coming into force.
20. This by-law comes into force and effect on November 12th 2025.
21. If, for any reason, any provision, section, subsection or paragraph of this
bylaw is held invalid, it is hereby declared to be the intention of Council that
all the remainder of this bylaw shall continue in full force and effect until
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repealed, re-enacted or amended, in whole or in part or dealt with in any
other way.
22. Bylaw 2019-85 & By-law 2021-90 are hereby repealed, effective on the date
this bylaw comes into force and effect.
By-law read a first, second and third time and finally passed this November 12th,
2025.
Mario Zanth, Mayor
Monique Ouellet, Clerk
Monique Ouellet
Signé avec ConsignO Cloud (13/11/2025)
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Mario Zanth
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