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By-law Number 24-43
The Corporation of the Township of Ciearview
Being a By-law to establish Development Charges for the Corporation of
the Township of Ciearview.
(Development Charges - Township Wide)
Whereas subsection 2(1) of the Development Charges Act, 1997 c. 27 (hereinafter
called "the Act") provides that the council of a municipality may pass By-laws for the
imposition of development charges against land for increased capital costs required
because of the need for services arising from development in the area to which the by
law applies;
And Whereas the Council of The Corporation of the Township of Ciearview has given
Notice on April 8, 2024 according to section 12 of the Development Charges Act, 1997,
of its intention to pass a by-law under Section 2 of the said Act;
And Whereas the Council of the Township of Ciearview has heard all persons who
applied to be heard no matter whether in objection to, or in support of, the development
charge proposal at a public meeting held on April 29, 2024;
And Whereas following the public meeting, the Council afforded the public an additional
period of time for the submission of further written representations;
And Whereas the Council has before it a report entitled Development Charge
Background Study dated March 26, 2024 prepared by Watson & Associates Economists
Ltd., wherein it is indicated that the development of any land within the Township of
Ciearview will increase the need for services as defined herein;
And Whereas by resolution the Council on June 24, 2024 has indicated that it intends
to ensure that the increase in the need for services attributable to the anticipated
development identified in the Study will be met;
And Whereas by resolution the Council on June 24, 2024 has indicated that its intent
that the future excess capacity identified in the Study shall be paid for by development
charges or other similar charges;
And Whereas by resolution the Council on June 24, 2024 approved, in principle,
subject to the budget process, the applicable Development Charge Background Study,
inclusive of the capital forecast and eligible costs therein, in which certain
recommendations were made relating to the establishment of a development charge
policy for the Township of Ciearview pursuant to the Development Charges Act, 1997]
And Whereas by resolution the Council on June 24, 2024 determined that no further
public meeting was necessary to be held under section 12 of the Act.
Now Therefore Council of The Corporation of the Township of Clearview Enacts as
Follows:
In this by-law,
1. "Act" means the Development Charges Act, 1997, c. 27;
2. "administration service" means any and all development-related studies carried
out by the municipality which are with respect to eligible services for which a
development charge by-law may be imposed under the Development Charges
Act, 1997\
3. "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;
4. "affordable residential unit" means a residential unit that meets the criteria set out
in subsection 4.1(2) or 4.1(3) of the Act;
5. "agricultural use" means the bona fide use of lands and buildings for apiaries, fish
farming, dairy farming, fur farming, the raising or exhibiting of livestock, or the
cultivation of trees, shrubs, flowers, grains, sod, fruits, vegetables and any other
crops or ornamental plants and includes the operation of a farming business and
the erection of a farm help house on agricultural land but excludes a commercial
greenhouse. Agricultural use does not include the development of a single
detached dwelling on agricultural land;
6. "ancillary residential building" means a residential building that would provide
necessary support to the primary activities/use of a detached dwelling, semi
detached dwelling, or row dwelling. Types of ancillary residential buildings
include; coach houses, farm help accommodations, garages, and garden suites
and do not include tiny homes or other stand-alone residential buildings;
7. "ancillary structure" means a structure providing necessary support to the primary
activities or use of the principal structure and includes, coach houses, farm help
accommodations, garages, and garden suites and does not include tiny homes
or other stand-alone residential buildings;
Page 2 of 26
8. "apartment unit" means any residential unit within a building containing three or
more dwelling units where access to each residential unit is obtained through a
common entrance or entrances from the street level and the residential units are
connected by an interior corridor and shall include dwelling units contained above
or as part of commercial buildings. Apartment units include Tiny Homes.;
9. "attainable residential unit" means a residential unit that meets the criteria set out
in subsection 4.1(4) of the Act;
10. "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;
11. "benefiting area" means an area defined by map, plan or legal description in a
front-ending agreement as an area that will receive a benefit from the
construction of a service;
12. "board of education" means a board defined in s.s. 1(1) of the Education Act,
13."bona fide farm uses" means the proposed development will qualify as a farm
business operating with a valid Farm Business Registration Number issued by
the Ontario Ministry of Agriculture, Food and Rural Affairs and be assessed in the
Farmland Realty Tax Class by the Ontario Property Assessment Corporation;
14."Building Code Acf means the Building Code Act, 1992, S.0.1992, c.23, as
amended;
15. "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, lease, construct or improve facilities including,
i. rolling stock with an estimated useful life of seven years or more,
ii. furniture and equipment, other than computer equipment, and
iii. materials acquired for circulation, reference or information purposes by a
library board as defined in the Public Libraries Act, R.. O. 1990, c. 57, and
e. to undertake studies in connection with any of the matters referred to in
clauses (a) to (d);
Page 3
of 26
f. to complete the development charge background study required under
section 10 of the Act;
g. interest on money borrowed to pay for costs in (a) to (d) above that are
growth related;
required for provision of services designated in this by-law within or outside
the Municipality.
16."charitable organization" shall follow the definition set out by Canada Revenue
Agency which generally defines it as a corporation, a trust or an organization
under a constitution that has exclusively charitable purposes. The municipality
shall make the final determination of a qualifying facility;
17. "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 Development
Charges Act;
18. "coach house" means separate structure which contains parking/storage for a
vehicle and would include a dwelling unit;
19."commercial" means any use of land, structures or buildings for the purposes of
buying or selling commodities and services, but does not include industrial or
agricultural uses;
20. "Council" means the Council of the Township of Clearview;
21 ."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 the effect of increasing the size of usability thereof, and
includes redevelopment;
22. "development charge" means a charge imposed pursuant to this By-law;
23."dwelling unit" means one or more habitable rooms designed or intended to be
used together as a single and separate house-keeping unit by one person or
jointly by two or more persons containing its own kitchen and sanitary facilities;
24. "existing" means the number, use and size that existed as of the date this by-law
was passed;
25. "farm building" means a building or structure located on a bona fide farm which is
necessary and ancillary to a bona fide farm operation including barns, tool sheds,
silos, other farm related structures for such purposes as sheltering of livestock or
poultry, storage of farm produce, feed and farm related machinery and
Page 4 of 26
equipment and other ancillary development to a planning designated agricultural
use, but excluding a residential use;
26."farm help accommodation" means a building or structure on an agricultural
parcel that is used seasonally or temporarily by a person(s) for accommodations
as a farm labourer(s) consisting of a kitchen, washroom facilities, and living
room, dining room, or bedroom;
27. "garage" means a building or structure for housing a motor vehicle or vehicles;
28. "garden suite" means a detached residential structure containing bathroom and
kitchen facilities that is an accessory use to an existing dwelling unit and is
designed to be portable or removable in accordance with an agreement required
for construction and use;
29. "grade" means the average level of finished ground adjoining a building or
structure at all exterior walls;
30. "green roof shall mean the roof of a building that is partially or completely
covered with vegetation and a growing medium, planted over a waterproofing
membrane. For the purposes of this by-law, a green roof must comprise a
minimum of 60% of the total roof area. The municipality shall make the final
determination of a qualifying facility;
31 ."grey-water recycling" shall mean a private sewage collection, treatment and re
distribution system which utilizes wastewater from baths, showers and
washbasins (or similar facilities) for re-use in toilets, landscape watering,
cleaning or other non-potable purposes as may be governed by applicable health
legislation and regulation. For the purposes of this by-law, all new construction
must utilize grey-water to qualify for the exemption. The municipality shall make
the final determination of a qualifying facility;
32. "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, including an air
supported 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
Page 5 of 26
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;
iv. a mezzanine as defined by the building code.
33. "hospice" means a building or portion of a mixed-use building designed and
intended to provide palliative care and emotional support to the terminally ill in a
home or homelike setting so that quality of life is maintained, and family
members may be active participants in care;
34. "industrial" means lands, buildings or structures used or designed or intended for
or in conjunction with:
a. the production, compounding, processing, packaging, crating, bottling,
packing, or assembling of raw or semi-processed goods or materials in not
less than seventy-five percent of the total gross floor area of the building or
buildings on a site ("manufacturing") or warehousing related to the
manufacturing use carried on in the building or buildings;
b. research or development in connection with manufacturing in not less than
seventy-five percent of the total gross floor area of the building or buildings
on a site;
c. retail sales by a manufacturer, if the retail sales are at the site where the
manufacturing is carried out, such retail sales are restricted to goods
manufactured at the site, and the building or part of a building where such
retail sales are carried out does not constitute greater than twenty-five
percent of the total gross floor area of the building or buildings on the site; or
d. Office or administrative purposes, if they are,
i. carried out with respect to manufacturing or warehousing; and
ii. In or attached to the building or structure used for such manufacturing or
warehousing;
Page 6 of 26
35.
"institutional" means land, buildings, structures or any part thereof used by any
organization, group or association for promotion of charitable, educational or
benevolent objectives and not for profit or gain;
36.
"institutional development" means development of a building or structure
intended for use:
i. as a long-term care home within the meaning of Subsection 2
(1) of the
Long-Term Care Homes Act, 2007;
ii. as a retirement home within the meaning of Subsection 2
(1) of the
Retirement Homes Act, 2010;
iii. by any of the following post-secondary institutions for the objects of the
institution:
1. a university in Ontario that receives direct, regular, and ongoing
operating funding from the Government of Ontario,
2. a college or university federated or affiliated with a university
described in subclause (1), or
3. an Indigenous Institute prescribed for the purposes of Section 6 of the
Indigenous Institutes Act, 2017;
iv. as a memorial home, clubhouse, or athletic grounds by an Ontario branch
of the Royal Canadian Legion; or
V. as a hospice to provide end of life care.
37. "linked dwelling unit" means a dwelling unit of a group of two or more residential
dwelling units linked only below grade by a common foundation;
38."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 municipality or any part or
parts thereof;
39."local services" means those services, facilities or things which are under the
jurisdiction of the Township of Clearview and are related to a plan of subdivision
or within the area to which the plan relates in respect of the lands under Sections
51 or 53 of the Planning Act, R.S.0.1990, Chap. P. 13, as amended, or any
successor thereof;
40.
"multiple dwelling unit" means all dwellings other than single-detached, semi
detached and apartment unit dwellings and may include a row dwelling unit or a
linked dwelling unit;
Page 7 of 26
41. "municipality" means The Corporation of the Township of Clearview;
42.
"non-profit housing development" means Development of a building or structure
that meets the criteria set out in section 4.2 of the Act;
43.
"non-profit organization" shall follow the definition set out by Canada Revenue
Agency which generally defines it as an association, club, or society that is
operated exclusively for social welfare, civic improvement, pleasure, recreation,
or any other purposes except profit;
44. "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;
45.
"Official Plan" means the Official Plan adopted for the municipality, as amended
and approved;
46. "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;
47."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.0.1990, c. A.31,
as amended, or any successor thereof;
48."Planning Act" means the Planning Act, 1990, R.S.0.1990, c.P.13, as amended;
49. "rainwater capture and re-use" shall mean a municipally approved private facility
which provides for the capture and re-use of rainwater for non-potable purposes.
For the purposes of this by-law, in order to qualify for an exemption such a facility
shall be the predominant stormwater management facility and shall utilize all roof
drainage and a minimum of 60% of all impervious surfaces. This shall not
include traditional stormwater management facilities which retain or detain
stormwater flows in ponds/ditches etc. The municipality shall make the final
determination of a qualifying facility;
50."regulation" means any regulation made pursuant to the Act;
51 ."rental housing" means development of a building or structure with four or more
residential units all of which are intended for use as rented residential premises;
52.
"residential dwelling" means a building, occupied or capable of being occupied as
a home, residence or sleeping place by one or more persons, containing one or
more dwelling units but not including motels, hotels, tents, truck campers, tourist
trailers, mobile camper trailers or boarding, lodging or rooming houses;
Page 8 of 26
53. "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;
54. "row dwelling unit" means a building containing three or more attached dwelling
units in a single row, each of which dwelling units has an independent entrance
from the outside and is vertically separated from any abutting dwelling unit and
may include a linked dwelling unit;
55."semi-detached dwelling unit" 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 unit are
not connected by an interior corridor and may include a linked dwelling unit;
56. "service" means a service designated in section 2.1 to this By-law, and "services"
shall have a corresponding meaning;
57. "servicing agreement" means an agreement between a landowner and the
Municipality relative to the provision of municipal services to specified land within
the Municipality;
58. "single detached dwelling unit" means a completely detached building containing
only one dwelling unit;
59. "site" means a parcel of land which can be legally conveyed pursuant to Section
50 of the Planning Act and includes a development having two or more lots
consolidated under on identical ownership;
60. "special care/special dwelling" means a Residential Use Building containing two
or more rooms or suites of rooms designed or intended to be used for sleeping
and living accommodation that have a common entrance from street level:
a. Where the occupants have the right to use in common, halls, stairs, yards,
common rooms and accessory buildings;
b. Which may or may not have exclusive sanitary and/or culinary facilities;
c. That is designed to accommodate persons with specific needs, including, but
not limited to, independent permanent living arrangements; and
d. Where support services such as meal preparation, grocery shopping, laundry,
housekeeping, nursing, respite care and attendant services may be provided
at various levels,
e. And includes, but is not limited to, retirement houses, nursing homes, group
homes (including correctional group homes) and hospices;
Page 9 of 26
61.
"tiny home" means a standalone residential structure that has all of the amenities
of a home (i.e. kitchen facilities, washroom facilities, bedroom space, etc.) that is
less than 500 square feet in size;
62."wastewater pre-treatment facility" shall mean a municipally approved private
facility which provides for the reduction of the amount of pollutants, or the
alteration of the nature of pollutant properties in wastewater prior to or in lieu of
discharging or othen^/ise introducing such pollutants into a municipal wastewater
collection or treatment facility. The municipality shall make the final
determination of a qualifying facility;
63.
"zoning by-law" means the Zoning By-Law of the Municipality or any successor
thereof passed pursuant to Section 34 of the Planning Act, 8.0. 1990, R.S.O.
1990, c P.I 3, as amended.
2. Designation of Services
2.1 The categories of services/classes of services for which development charges are
imposed under this By-law are as follows:
(a) Services Related to a Highway;
(b) Public Works (Facilities and Fleet);
(c) Fire Protection Services;
(d) Police Services;
(e) Parks and Recreation Services;
(f) Library Services;
(g) Water Facilities and Distribution System;
(h) Wastewater Facilities and Collection Systems; and
(i) Stormwater Services.
2.2 The components of the services/class of 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
Page 10 of 26
b) the development of the lands requires any of the approvals set out in subsection
3.4(a).
Area to Which Bv-law Applies
3.2 Subject to section 3.3, this By-law applies to all lands in the Township of Clearview
whether or not the land or use thereof is exempt from taxation under 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) the Township of Clearview or a local board thereof;
b) a board of education;
c) the Corporation of the County of Simcoe or a local board thereof; or
d) 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 othenA/ise 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.0.1990, c. 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.
Page 11 of 26
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:
a) an enlargement to an existing dwelling unit;
b) 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;
3.6 Notwithstanding the provisions of this By-law, development charges shall not be
imposed with respect to the creation of any of the following in existing houses:
a) A second residential unit in an existing detached house, semi-detached
house or rowhouse on a parcel of land on which residential use, other
than ancillary residential use, is permitted, if all buildings and structures
ancillary to the existing detached house, semi-detached house or
rowhouse cumulatively contain no more than one residential unit.
b) A third residential unit in an existing detached house, semi-detached
house or rowhouse on a parcel of land on which residential use, other
than ancillary residential use, is permitted, if no building or structure
ancillary to the existing detached house, semi-detached house or
rowhouse contains any residential units.
c) One residential unit in a building or structure ancillary to an existing
detached house, semi-detached house or rowhouse on a parcel of urban
residential land, if the existing detached house, semi-detached house or
rowhouse contains no more than two residential units and no other
building or structure ancillary to the existing detached house, semi
detached house or rowhouse contains any residential units.
Page 12 of 26
3.7 Notwithstanding the provisions of this By-law, development charges shall not be
imposed with respect to the creation of any of the following in new residential
buildings:
a) A second residential unit in a new detached house, semi-detached house
or rowhouse on a parcel of land on which residential use, other than
ancillary residential use, is permitted, if all buildings and structures
ancillary to the new detached house, semi-detached house or rowhouse
cumulatively will contain no more than one residential unit
b) A third residential unit in a new detached house, semi-detached house or
rowhouse on a parcel of land on which residential use, other than ancillary
residential use, is permitted, if no building or structure ancillary to the new
detached house, semi-detached house or rowhouse contains any
residential units
c) One residential unit in a building or structure ancillary to a new detached
house, semi-detached house or rowhouse on a parcel of urban residential
land, if the new detached house, semi-detached house or rowhouse
contains no more than two residential units and no other building or
structure ancillary to the new detached house, semi-detached house or
rowhouse contains any residential units
3.8 Non-profit Residential Development;
3.9 Affordable Residential Units required pursuant to section 34 and 16(4) of the
Planning Act (Inclusionary Zoning);
3.10 Notwithstanding subsections 3.2 and 3.4, as of the date on which section 4.1 of the
Act is proclaimed into force, the following shall be exempt from Development
Chares:
i.
Affordable Residential Units:
i.
Affordable Residential Owned Units;
ii.
Affordable Residential Rental Units;
ii.
Attainable Residential Units.
3.11 Rules with Respect to an Industrial Expansion Exemption
3.11.1 Notwithstanding any other provision of this by-law, there shall be an exemption
from the payment of development charges for one or more enlargements of an
existing industrial building on its site, whether attached or separate from the
existing industrial building, up to a maximum of fifty percent of the gross floor
area before the first enlargement for which an exemption from the payment of
Page 13 of 26
development charges was granted pursuant to the Development Charges Act or
this subsection. Development charges shall be imposed in accordance with this
by-law with respect to the amount of the floor area of an enlargement that results
in the gross floor area of the industrial building being increase by greater than
fifty percent of the gross floor area of the existing industrial building.
3.11.2 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:
1. determine the amount by which the enlargement exceeds 50 percent of the
gross floor area before the enlargement;
2. divide the amount determined under subsection 1) by the amount of the
enlargement.
3.12 Other Exemptions/Reductions:
Notwithstanding the provision of this by-law, development charges shall not be
imposed with respect to:
a) buildings or structures owned by and used for the purposes of a municipality
and exempt from taxation under Section 3 of the Assessment Act, R.S.O.
1990, C.A.31, as amended;
b) buildings or structures owned by and used for the purposes of a board as
defined in Subsection 1(1) of the Education Act, R.S.O. 1990, c.E.2, as
amended, and exempt from taxation under Section 3 of the Assessment Act,
R.S.O. 1990, C.A.31, as amended;
c) buildings or structures used as public hospitals governed by the Public
Hospitals Act, R.S.O. 1990, c.P.40, as amended;
d) land, buildings or structures used for a place of worship or for the purpose of a
cemetery or burial ground and exempt from taxation under the Assessment
Act, R.S.O. 1990, C.A.31, as amended;
e) land, buildings or structures for agricultural use which do not receive municipal
water or wastewater services;
f) non-residential buildings used accessory to an agricultural operation shall be
exempt from the development charge if no rezoning is required;
g) Development charges for municipal water and wastewater services will not be
applied to existing lots of record that, had paid a charge or fee to ensure
allocation of said services within the existing capacity of the system as of the
date of passing of this by-law; onus of proof of payment rests with the owner;
Page 14 of 26
h) Land, buildings, structures or additions constructed by a charitable or a non
profit organization for a purpose that benefits the community as determined by
Council may have up to a 100% exemption to DCs.
eg: Non-profit housing, youth centres, and community centres.;
i) Land, buildings, structures or additions constructed for industrial or commercial
uses utilizing green technologies as defined by the Planning Act may be
eligible for a grant for a portion of the D.C. through a Township grant program.
j) Land, buildings, structures or additions constructed for industrial use creating
jobs shall have a reduction in total DCs of 0.5% per new full time equivalent
direct jobs created to a maximum reduction of 30%. The determination of
what constitutes a new full-time equivalent job and how to measure and verify
the total eligible discount to DCs shall be determined by policy.;
k) Unless this By-law specifically provides for an exemption of 100% of DC
charges, the total cumulative exemption or reduction in DC charges shall not
exceed 66% of the DC charges which would apply in the absence of such
exemptions or reductions.; and,
I) Buildings, structures or additions for non-residential uses shall be exempt from
paying the portion of the charges related to recreation and library services.
3.13 Temporarv Use Buildinas
a) Subject to Subsection (b), temporary buildings or structures shall be exempt
from the payment of development charges;
b) In the event that a temporary building or structure continues beyond a period
of nine months, it shall be deemed not to be nor ever to have been a
temporary building or structure, and the development charges required to be
paid under this by-law shall become payable on the date nine months after
the temporary building or structure was first constructed or put in use; and,
c) Prior to the Township issuing a building permit for a temporary building or
structure, the Township may require an owner to enter into an agreement,
including the provision of security for the owner's obligation under the
agreement, pursuant to Section 27 of the Act providing for all or part of the
development charge required by Subsection (2) to be paid after it would
otherwise be payable. The terms of such agreement shall then prevail over
the provisions of this by-law.
Page 15 of 26
3.14 Discounts for Rental Housing (for profit)
The D.C. payable for rental housing developments, where the residential units are
intended to be used as a rented residential premises will be reduced based on the
number of bedrooms in each unit as follows:
- Three (3) or more bedrooms -
25% reduction;
- Two (2) bedrooms -
20% reduction; and
-
Fewer than two (2) bedrooms -15% reduction.
Amount of Charoes
Residential
3.15 The development charges set out in Schedule B shall be imposed on residential
uses of lands, buildings or structures, including a dwelling unit accessory to a non-
residential use and, in the case of a mixed use building or structure, on the
residential uses in the mixed use building or structure, according to the type of
residential use and settlement area in which the development occurs, and
calculated with respect to each of the services according to the type of residential
use.
Non-Residential
3.16 The development charges described in Schedule B to this by-law shall be imposed
on non-residential uses of lands, buildings or structures, and, in the case of a
mixed-use building or structure, on the non-residential uses in the mixed-use
building or structure and calculated with respect to each of the services according
to the total floor area of the non-residential use and settlement area in which the
development occurs.
Reduction of Development Charoes for Redevelooment
3.17 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 of the
date of the demolition permit issuance 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 othenwise payable with respect to such redevelopment shall
be reduced by the following amounts:
Page 16 of 26
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 subsection 3.15 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 mixed-
use building or structure, the non-residential uses in the mixed-use building or
structure, an amount calculated by multiplying the greater of the applicable
development charges under subsection 3.16 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 othenA/ise payable with respect to the redevelopment.
Time of Pavment of Development Charoes
3.18 Development Charges are payable at the time the first building permit is issued with
respect to a development.
3.19 Notwithstanding Section 3.18, development charges for rental housing and
institutional developments are due and payable in 6 equal annual payments
commencing with the first instalment payable on the date of occupancy, and each
subsequent instalment, including interest calculated in accordance with section 26.3
of the Act.
3.20 Where the development of land results from the approval of a site plan or zoning
by-law amendment application received on or after January 1, 2020, and the
approval of the application occurred within the timing set out in the Act, the
development charges under Sections 3.15 and 3.16 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 Sections 3.15
and 3.16 shall be calculated on the rates, including interest calculated in
accordance with section 26.3 of the Act, payable on the anniversary date each year
thereafter, set out in Schedule "B" on the date of the later planning application,
including interest.
3.21 Despite sections 3.18 to 3.20, 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 othenA/ise be payable, in accordance with section 27 of the
Act.
Page 17 of 26
4. Payment by Services
4.1 Despite the payment required under subsections 3.15 and 3.16, Council may, by
agreement under section 38 of the Act, give a credit towards a development charge
in exchange for work that relates to a service to which a development charge
relates under this By-law.
4.2 Council may enter into agreements under Section 44 of the Act.
5. Indexing
5.1 Development charges imposed pursuant to this By-law shall be adjusted annually,
without amendment to this By-law, on January 1®* of each year, commencing
January 1, 2025, in accordance with the prescribed index in the Act, based on the
twelve-month period ending September 30*'^.
6. Schedules
6.1 The following schedules shall form part of this By-law:
Schedule A - Components of Services Designated in section 2.1; and
Schedule B - Residential and Non-Residential Development Charges.
Schedule C-1 - Map designating Water and Wastewater Development Charge
Area for Stayner;
Schedule C-2 - Map designating Water, Wastewater, and Stormwater
Development Charge Area for Creemore;
Schedule C-3 - Map designating Water Development Charge Area for New
Lowell;
7. Conflicts
7.1 Where the Township of Clearview 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.
Page 18 of 26
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. Severabiiity
8.1 If, for any reason, any provision, section, sub-section, or paragraph 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, in whole or in part or dealt with in any other way.
9. By-Law Registration
9.1 A certified copy of this By-law may be registered in the by-law register in the Land
Registry Office against all land in the Township and may be registered against title
to any land to which this By-law applies.
10. Headings for Reference Only
10.1 The headings inserted in this By-law are for convenience of reference only and
shall not affect the construction or interpretation of this By-law.
11. Date By-Law in Force
11.1 This By-law shall come into effect at 12:01 AM on July 1, 2024.
12. Date By-Law Expires
12.1 This By-law will expire at ten (10) years after the date the By-law comes into effect
unless it is repealed by Council at an earlier date.
13. Existing By-Law Repealed
13.1 By-law Number 19-63, as amended is hereby repealed as of July 1, 2024 at which
date and time this By-law comes into effect.
Page 19 of 26
By-law Number 24-43 read a first, second and third time and finally passed
this 24^*^ day of June, 2024.
Douglas Measures, Mayor
Sasha Helmkay, Director of Legislative Service9>(itlerk
Page 20 of 26
Schedule A
To By-Law No. 24-43
Township of Clearview
Components of Services Designated in Subsection 2.1
Township-Wide Services/Class of Service
Services Related to a Highway
Roads and Related
Public Works (Facilities and Fleet)
Public Works Facilities
Public works Vehicles
Fire Protection Services
Fire Stations
Fire Vehicles
Small Equipment and Gear
Police Services
Police Facilities
Small Equipment and Gear
Library Services
Library Facilities
Library Materials
Parks and Recreation Services
Parkland Development
Parkland Amenities
Parkland Trails
Recreation Facilities
Parks and Recreation Vehicles and Equipment
Page 21 of 26
Area-Specific Services
Stayner Area-Specific Services
Stayner Water Supply
Stayner Water Distribution
Stayner Wastewater Facilities
Stayner Wastewater Collection
Creemore Area-Specific Services
Creemore Water Supply
Creemore Water Distribution
Creemore Wastewater Facilities
Creemore Wastewater Collection
Creemore Stormwater Drainage and Control System
New Lowell Area-Specific Services
New Lowell Water Supply
Page 22 of 26
Page 23 of 26
Schedule B
To By-law No. 24-43
Township of Clearview
Schedule of Development Charges
Non-Residential
Single and Semi-
Detached Dwelling
Multiples
Apartments - 2
Bedrooms +
Apartments -
Studio and 1
Bedroom
Special
Care/Special
Dwelling Units
(per sq.ft. of Gross
Floor Area)
Township-wide Services/Class of Service:
Services Related to a Highway
8,933
7,240
5,471
3,612
3,320
3.64
Public Works (Facilities and Fleet)
1,337
1,084
819
541
497
0.60
Fire Protection Services
1,684
1,365
1,031
681
626
0.76
Policing Services
156
126
96
63
58
0.07
Parks and Recreation Services
3,853
3,123
2,360
1,558
1,432
1.44
Library Services
1,175
952
720
475
437
0.44
Total Township-wide Services/Class of Services
17,138
13,890
10,497
6,930
6,370
6.95
Urban Services
Stayner
Water Supply
15,814
12,817
9,686
6,395
5,877
8.62
Water Distribution
2,045
1,657
1,253
827
760
1.12
Wastewater Facilities
9,120
7,391
5,586
3,688
3,389
4.98
Wastewater Collection
1,854
1,503
1,136
750
689
1.01
Wastewater (Pre-payment units only)
4,290
3,477
2,628
1,735
1,594
2.09
Total Urban Services - Stayner
28,833
23,368
17,661
11,660
10,715
15.73
Total Urban Services - Stayner (Prepaid)
22,149
17,951
13,567
8,957
8,231
11.83
Creemore
Water
9,765
7,914
5,981
3,949
3,629
4.97
Wastewater
31,087
25,195
19,041
12,571
11,553
15.83
Stormwater
2,158
1,749
1,322
873
802
1.10
Total Urban Services - Creemore
43,010
34,858
26,344
17,393
15,984
21.90
New Lowell
Water
9,337
7,567
5,719
3,776
3,470
5.05
Total Urban Services - New Lowell
9,337
7,567
5,719
3,776
3,470
5.05
GRAND TOTAL RURAL AREA
17,138
13,890
10,497
6,930
6,370
6.95
GRAND TOTAL STAYNER
45,971
37,258
28,158
18,590
17,085
22.68
GRAND TOTAL STAYNER (Prepaid)
39,287
31,841
24,064
15,887
14,601
18.78
GRAND TOTAL CREEMORE AREA
60,148
48,748
36,841
24,323
22,354
28.85
GRAND TOTAL NEW LOWELL AREA
26,475
21,457
16,216
10,706
9,840
12.00
Service/Class of Service
Residential
Schedule C-1
To By-law No. 24-43
Township of Clearvlew
Map Designating Water and Wastewater Development Charge Area for Stayner
Ctiv^n fiilM Bowosi'
ROMaMSratl
Page 24 of 26
Schedule C-2
To By-law No. 24-43
Township of Ciearview
Map Designating Water, Wastewater, and Stormwater
Development Charge Area for Creemore
At4«W*»VR
Page 25 of 26
Schedule C-3
To By-law No. 24-43
Township of Clearview
Map Designating Water Development Charge Area for New Lowell
-VoiJf,
Page 26 of 26