This is the exact embedded text of the captured official document.
Snapshot a9956090c727 · verified 2026-10-19 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
BY-LAW No. 2024-050
OF THE
CORPORATION OF THE TOWN OF COLLINGWOOD
( COLLINGWOOD
BEING A BY-LAW TO ESTABLISH TOWN-WIDE
DEVELOPMENT CHARGES FOR THE CORPORATION OF THE
TOWN OF COLLINGWOOD
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
AND WHEREAS the Council of The Corporation of the Town of Collingwood ("Town of
Collingwood") has given Notice in accordance with Section 12 of the Development Charges Act,
1997, of its intention to pass a by-law under Section 2 of the said Act; and
AND WHEREAS the Council of the Town of Collingwood 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 May 6, 2024: and
AND WHEREAS the Council of the Town of Collingwood had before it a report entitled
Development Charges Background Study dated April 15, 2024, as amended, if applicable,
prepared by Hemson Consulting Ltd., wherein it is indicated that the development of any land
within the Town of Collingwood will increase the need for services as defined herein; and
AND WHEREAS the Council of the Town of Collingwood on May 6, 2024 approved the applicable
Development Charges Background Study, dated April 15, 2024, as amended, if applicable, in
which certain recommendations were made relating to the establishment of a development charge
policy for the Town of Collingwood pursuant to the Development Charges Act, 1997; and
AND WHEREAS the Council of the Town of Collingwood heard all persons who applied to be
heard no matter whether in objection to, or in support of, the proposed development charges at
a Public Meeting held on May 6, 2024; and
AND WHEREAS by resolution adopted by Council of the Town of Collingwood on June 3, 2024
and July 8, 2024, Council determined that the increase in the need for services attributable to the
anticipated development as contemplated in the Development Charges Background Study dated
April 15, 2024, as amended, including any capital costs, will be met by updating the capital budget
and forecast for the Town of Collingwood, where appropriate; and
AND WHEREAS the Council of the Town of Collingwood on June 3, 2024 determined that no
additional public meeting was required; and
AND WHEREAS by resolution passed by Council of the Town of Collingwood on June 3, 2024,
Council determined that the future excess capacity identified in the Development Charges
' Background Study dated April 15, 2024, shall be paid for by the development charges
contemplated in the said Development Charges Background Study, or other similar charges; and
AND WHEREAS by resolution passed by Council of the Town of Collingwood on July 8, 2024,
Council has given consideration of the use of more than one Development Charge By-law to
reflect different needs for services in different areas, also known as "area rating" or "area specific
development charges", and has determined that for the services, and associated infrastructure
proposed to be funded by development charges under this by-law, that it is fair and reasonable
that the charges be calculated on a municipal-wide uniform basis; and
AND WHEREAS the Development Charges Background Study dated April 15, 2024, as amended,
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
AND WHEREAS the Council of the Town of Collingwood will give consideration to incorporating
the Asset Management Plan outlined in the Development Charges Background Study within the
Town of Collingwood's ongoing practices and Corporate Asset Management Strategy; and
AND WHEREAS the Council of the Town of Collingwood approves the planned level of service
for Transit services, as identified in the Development Charges Background Study dated April 15,
BL2024-050 Development Charges
Page 1 of 10
2024, as amended, which has been estimated in accordance with the requirements of the Act and
Ontario Regulation 82/98.
NOW THEREFORE THE COUNCIL OF THE TOWN OF COLLINGWOOD ENACTS AS
FOLLOWS:
DEFINITIONS
1. In this by-law,
(1) "Act" means the Development Charges Act, S.O. 1997, c. 27;
(2) "Administration Service" means any and all studies carried out by the
municipality that are with respect to eligible services for which a development
charge by-law may be imposed under the Development Charges Act, 1997;
(3) "Agricultural use" means a bona fide farming operation;
(4) "Air supported structure" means a structure consisting of a pliable membrane
that achieves and maintains its shape and support by internal air pressure;
(5) "Apartment dwelling" means any dwelling unit within a building containing four
or more dwelling units where the units are connected by an interior corridor and
includes a stacked townhouse;
(6) "Back-to-back townhouse" mean a building with four or more dwelling units
divided vertically including a common rear wall each with an independent entrance
and has a yard abutting at least one exterior wall of each dwelling unit;
. (7) "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;
(8) "Board of education" means a board defined in s.s. 1(1) of the Education Act;
(9) "Building Code Act" means the Building Code Act, R.S.O. 1992, c.23, as
amended;
(10) "Building or structure" means a structure occupying an area greater than ten
square metres consisting of a wall, roof, and floor or any of them or a structural
system serving the function thereof including an air-supported structure, excluding
a farm building;
(11) "Cannabis cultivation" means the use of land, buildings or structures for the
growing and cultivation of cannabis;
(12) "Cannabis production facility" means the use of land, buildings or structures
for the processing, testing, destruction, packaging and shipping of cannabis and
for the purposes of the by-law is defined as a non-residential use;
(13) "Capital cost" means costs incurred or proposed to be incurred by the
municipality or a local board thereof directly or by others on behalf of, and as
authorized by the municipality or local board, as set out in Section 5 of the Act;
(14) "Council" means the Council of The Corporation of the Town of Collingwood;
(15) "Development" means any activity or proposed activity in respect of land that
requires one or more of the actions referred to in section 7 of this by-law and
including the redevelopment of land or the redevelopment, expansion, extension
or alteration of a use, building or structure except interior alterations to an existing
building or structure which do not change or intensify the use of land;
(16) "Development charge" means a charge imposed pursuant to this By-law;
(17) "Dwelling unit" means a room or suite of rooms used, or designed or intended
for use by, one person or persons living together, in which culinary and sanitary
facilities are provided for the exclusive use of such person or persons, including
time share units and for the purposes of this By-law includes a residential unit;
(18) "Existing Industrial Building" has the same meaning as in O.Reg. 82/98, as
: amended;
(19) "Farm building" means a building or structure actually used as part of or in
connection with a bona fide farming operation and includes barns, silos and other
BL2024-050 Development Charges
; Page 2 of 10
buildings or structures ancillary to a bona fide farming operation, but excluding a
residential use and excluding cannabis use;
(20) "Grade" means the average level of finished ground adjoining a building or
structure at all exterior walls;
(21) "Gross floor area" means the aggregate of the total areas of all floors in a
building, structure, or dwelling unit whether at, above, or below-grade,
measured between the exterior faces of the exterior walls of the building or
structure or from the centre line of a common wall separating two uses, or from
the outside edge of a floor where the outside edge of the floor does not meet
an exterior or common wall, and includes the floor area of a mezzanine.
(22) "Industrial Building" means a building used for or in connection with,
(a) manufacturing, producing, processing, storing or distributing
something,
(b) research or development in connection with manufacturing, producing
or processing something,
(c) retail sales by a manufacturer, producer or processor of something
they manufactured, produced or processed, if the retail sales are at
the site where the manufacturing, production, or processing takes
place,
(d) office or administrative purposes, if they are,
i. carried out with respect to manufacturing, producing,
processing, storage or distributing of something, and
ii. in or attached to the building or structure used for that
5 manufacturing, producing, processing, storage or distribution.
(23) "Local board" means a public utility commission, public library board, local board
of health, or any other board, commission, committee or 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 of the municipality or any part or
parts thereof;
(24) "Local services" means those services or facilities 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, required as a condition of approval under s.51 of
the Planning Act, or as a condition of approval under s.53 of the Planning Act;
(25) "Mezzanine" means an intermediate floor assembly between the floor and ceiling
of any room or storey and includes an interior balcony as defined by the Ontario
Building Code;
(26) "Multiple dwelling" means all dwellings other than single detached dwellings,
semi-detached dwellings, and apartment dwellings and includes, but is not limited
to, townhouses, rowhouse and back-to-back townhouses;
(27) "Municipality" means The Corporation of the Town of Collingwood;
(28) "Non-residential uses" means a building or structure used for other than a
residential use;
(29) "Owner" means the owner of land or any person authorized by the owner who
has made application for an approval for the development of land upon which a
development charge is imposed;
(30) "Places of worship" means that part of a building or structure that is exempt from
taxation under Section 3 of the Assessment Act, R.S.O. 1990 C.A. 31, as
amended, as a place of worship under the Assessment Act, 1990, as amended or
any successor thereto;
(31) "Planning Act" means the Planning Act, R.S.O. 1990, c.P.-13, as amended;
(32) "Redevelopment" means the construction, erection or placing of one or more
buildings or structures on land where all or part of a building or structure has
previously been demolished on such land, or changing the use from a residential
to non-residential use or from a non-residential to residential use or from one
residential use to another form of residential use;
(33) "Regulation" means any regulation made pursuant to the Act;
BL2024-050 Development Charges
Page 3 of 10
(34) "Residential uses" means lands, buildings or structures or portions thereof used,
or designed or intended for use as a home or residence of one or more individuals,
and shall include a dwelling unit, single detached dwelling, a semi-detached
dwelling, a multiple dwelling, an apartment dwelling, and the residential portion of
a mixed-use building or structure;
(35) "Semi-detached dwelling" means a building divided vertically into two dwelling
units each of which has a separate entrance and access to grade;
(36) "Services" means services set out in Schedule "A" to this By-law;
(37) | "Single-detached dwelling" means a completely detached building containing
only one dwelling unit;
(38) "Stacked townhouse" means a building with four or more dwelling units divided
horizontally or vertically each with an entrance that is independent or through a
shared landing and/or external stairwell.
(39) "Urban services" means wastewater services, wastewater treatment plant, and
water services.
(40) "Urban service area" means an area in the Town where wastewater services,
wastewater treatment plant, and water services are provided;
CALCULATION OF DEVELOPMENT CHARGES
2. (1) Subject to the provisions of this By-law, development charges against land shall
be imposed, calculated and collected in accordance with the base rates set out in
Schedule "B" which relate to the service set out in Schedule "A".
(2) The development charge with respect to the uses of any land, building or structure
shall be calculated as follows:
a) in the case of residential development or redevelopment or the residential
portion of a mixed use development or redevelopment, as the sum of the
product of the number of dwelling units of each type multiplied by the
corresponding total amount for such dwelling unit type, as set out in
_ Schedule "B";
b) in the case of non-residential development or redevelopment, or the non-
residential portion of a mixed use development or redevelopment, as the
sum of the product of the gross floor area multiplied by the corresponding
total amount for such gross floor area as set out in Schedule "B';
(3) Council hereby determines that the development or redevelopment of land, buildings
or structures for residential and non-residential uses will require the provision,
enlargement or expansion of the service referenced in Schedule "A".
PHASE-IN OF DEVELOPMENT CHARGES
3. Development charges shall be phased in accordance with the requirements of the Act.
_ APPLICABLE LANDS
4, (1) Subject to Sections 5, 6 and 7, this By-law applies to all lands in the Town of
Collingwood, whether or not the land or use is exempt from taxation under Section
3 of the Assessment Act, R.S.O. 1990, c.A.-31.
(2) This by-law shall not apply to land that is owned by and used for the purposes of:
. (a) a board of education; and
(b) any municipality or local board thereof.
(3) The Treasurer of the Town of Collingwood shall rebate the water component
and/or the wastewater component of the residential or non-residential
development charge to the registered owner who applies, and provides proof
satisfactory to the Town of Collingwood, that adequate private water and/or
sanitary services, as the case may be, have been installed and are properly
functioning so as to provide ample service to the subject lands, where:
(a) there is no municipal water and/or municipal wastewater feasibly available
within five hundred feet of the building site itself; and
BL2024-050 Development Charges
Page 4 of 10
(b) no municipal water and/or wastewater main service is scheduled to
service the subject lands within five years of the date of approval of the
building permit issuance.
RULES WITH RESPECT TO EXEMPTIONS AND DISCOUNTS PER THE DEVELOPMENT
CHARGES ACT
5. (1) Notwithstanding the provisions of this By-law, exemptions and discounts for
particular types of development will be made in in accordance with the Act as
amended;
DISCRETIONARY EXEMPTIONS
6. (1) Notwithstanding the provisions of this By-law, development charges shall not be
imposed with respect to: ,
(a) a hospital as defined under the Public Hospitals Act:
(b) a place of worship exempt from taxation under the Assessment Act.
(c) anon-residential farm building; and
(d) an air supported structure ancillary to and owned by a school exempt from
taxation under the Assessment Act.
DEVELOPMENT CHARGES IMPOSED
7. (1) Subject to subsection (2), development charges shall be calculated and collected
; in accordance with the provisions of this by-law and be imposed on land to be
developed for residential and non-residential uses, where, the development
requires,
(a) the passing of a zoning by-law or an amendment thereto under Section 34
of the Planning Act;
(b) the approval of a minor variance under Section 45 of the Planning Act;
(c) a conveyance of land to which a by-law passed under subsection 50(7) of
the Planning Act applies;
(d) the approval of a plan of subdivision under Section 51 of the Planning Act;
(e) a consent under Section 53 of the Planning Act;
(f) the approval of a description under Section 9 of the Condominium Act,
R.S.O. 1998, c.19; or
(g) the issuing of a permit under the Building Code Act, in relation to a building
or structure.
(2) Subsection (1) shall not apply in respect to: |
(a) local services installed or paid for by the owner within a plan of subdivision
or within the area to which the plan relates, as a condition of approval
under Section 51 of the Planning Act;
. (b) local services installed or paid for by the owner as a condition of approval
under Section 53 of the Planning Act.
3 LOCAL SERVICE INSTALLATION
8. Nothing in this by-law prevents Council from requiring, as a condition of an agreement
under Section 51 or 53 of the Planning Act that the owner, at his or her own expense, shall
install or pay for such local services, within the Plan of Subdivision or within the area to
which the plan relates, as Council may require.
MULTIPLE CHARGES
9. (1) Where two or more of the actions described in subsection 7(1) of this By-law are
required before land to which a development charge applies can be developed,
only one development charge shall be calculated and collected in accordance with
the provisions of this By-law.
BL2024-050 Development Charges
Page 5 of 10
(2) Notwithstanding subsection (1), if two or more of the actions described in
subsection 7(1) of this By-law occur at different times, and if the subsequent action
has the effect of increasing the need for municipal services as set out in Schedule
"A", an additional development charge on the additional residential units and
additional gross floor area shall be calculated and collected in accordance with
the provisions of this By-law.
SERVICES IN LIEU
10. (1) Council may authorize an owner, through an agreement under Section 38 of the
Act, to substitute such part of the development charge applicable to the owner's
development as may be specified in the agreement, by the provision at the sole
expense of the owner, 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 in
accordance with the agreement provisions and the provisions of Section 39 of the
Act, equal to the reasonable cost to the owner of providing the services in lieu. In
no case shall the agreement provide for a credit that exceeds the total
development charge payable by an owner to the municipality in respect of the
development to which the agreement relates.
(2) In any agreement under subsection (1), Council may also give a further credit to
: the owner equal to the reasonable cost of providing services in addition to, or of a
greater size or capacity, than would be required under this by-law.
(3) The credit provided for in subsection (2) shall not be charged to any development
charge reserve fund.
RULES WITH RESPECT TO REDEVELOPMENT
11. (1) Despite any other provision of this By-law, where as a result of the redevelopment of
land on which a conversion of space has been proposed or a building or structure
existing on the same land has been demolished in order to facilitate 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 clause 2(2) (a) of this By-law by the number, according to
type, of the dwelling units that have been or will be demolished; 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 charge under clause 2(2) (b) of this By-law by the gross floor
area that has been or will be demolished.
(2) The amount of any reduction or credit permitted under subsection 11(1) of this By-
law shall not exceed, in total, the amount of the development charges otherwise
payable with respect to the redevelopment.
(3) Notwithstanding subsection 11(1) of the By-law, any reduction or credit applicable
there under shall only apply provided that a building permit for the redevelopment
is issued within five (5) years of the date of the issuance of a permit for the
demolition of any building or structure on the same lands.
12. A credit can, in no case, exceed the amount of the development charge that would
otherwise be payable, and no credit is available if the existing land use is exempt under
_ this by-law.
; TIMING OF CALCULATION AND PAYMENT
13. (1) Development charges shall be calculated and payable in full in. money or by
- provision of services as may be agreed upon, or by credit granted under the Act,
on the date that the first building permit is issued in relation to a building or
structure on land to which a development charge applies.
(2) Not withstanding subsection 13(1) of this By-law, the amount of development
, charge will be determined in accordance with Section 26, 26.1 and 26.2 of the Act,
and any amendments thereof, prior to issuance of the building permit or revision
to building permit;
BL2024-050 Development Charges
: Page 6 of 10
(3) Notwithstanding subsection 13(1) and 13(2) of this By-law, development charges
for Rental Housing and Institutional Developments in accordance with Section
26.1 of the Act and any amendment thereof, are due inclusive of interest
established from the date the development charge would have been payable in
accordance with Section 26 of the Act, in 6 equal annual payments beginning on
the date that is the earlier of:
(a) the date of the issuance of a permit under the Building Code Act, 1992
authorizing occupation of the building; and
(b) the date the building is first occupied and continuing on the following five
anniversaries of that date.
(4) Not withstanding subsections 13(1), 13(2) and 13(3) of this By-law, the Town may
enter into an agreement with any person in accordance with Section 27 of the Act
to pay a development charge providing for all or part of the development charge
to be paid before or after the time it would otherwise be payable
(5) Despite the payments required under Section 13 of this By-law, Council may, by
agreement, give a credit towards a development charge in exchange for work that
relates to a service for which a development charge is imposed under Schedule
a
(4) Where development charges apply to land in relation to which a building permit is
; required, the building permit shall not be issued until the development charge has
been paid in full.
RESERVE FUNDS
14.. (1) Monies received from payment of development charges under this by-law shall be
maintained in separate reserve funds based on the services set out in Schedule
"A".
(2) Monies received for the payment of development charges shall be used only in
accordance with the provisions of Section 35 of the Act.
(3) Where any development charge, or part thereof, remains unpaid after the due
date, the amount unpaid shall be added to the tax roll and shall be collected as
taxes.
(4) Where any unpaid development charges are collected as taxes under subsection
(3), the monies so collected shall be credited to the development charge reserve
funds referred to in subsection (1).
(5) The Treasurer of the Town shall, in each year commencing in 2025 for the 2024
year, furnish to Council a statement in respect of the reserve funds established
hereunder for the prior year, containing the information set out in Section 12 of
O.Reg. 82/98.
BY-LAW AMENDMENT OR APPEAL
15. (1) Where this by-law or any development charge prescribed there under is amended
or repealed either by order of the Ontario Land Tribunal or by resolution of
Council, the Treasurer shall calculate forthwith the amount of any overpayment to
be refunded as a result of said amendment or repeal.
(2) Refunds that are required to be paid under subsection (1) shall be paid with
interest to be calculated as follows in accordance with the Act or any amendments
thereof.
(3) Refunds that are required to be paid under subsection (1) shall include the interest
owed under this section.
BY-LAW INDEXING .
16. The development charges set out in Schedule "B' to this By-law shall be adjusted annually
commencing January 1, 2025, without amendment to the By-law, in accordance with the
most recent twelve-month change in the Statistics Canada Non-residential Building
Construction Price Index as prescribed by the Acct.
SEVERABILITY
17. In the event any provision, or part thereof, of this by-law is found by a court of competent
BL2024-050 Development Charges
Page 7 of 10
jurisdiction to be ultra vires, such provision, or part thereof, shall be deemed to be severed,
and the remaining portion of such provision and all other provisions of this by-law shall
remain in full force and effect.
HEADINGS FOR REFERENCE ONLY
18. The headings inserted in this by-law are for convenience of reference only and shall not
affect the construction of interpretation of this by-law.
BY-LAW REGISTRATION
19. A certified copy of this by-law may be registered on title to any land to which this by-law
applies.
BY-LAW ADMINISTRATION
20. This by-law shall be administered by the Town Treasurer.
SCHEDULES TO THE BY-LAW
21. The following Schedules to this by-law form an integral part of this by-law:
: Schedule "A" Designated Town Services
Schedule "B" Development Charges
DATE BY-LAW EFFECTIVE
22.. This By-law shall come into force and effect on September 1, 2024.
SHORT TITLE
23. This by-law may be cited as the "Town of Collingwood Development Charge By-law."
CORRECTIONS
24. The Clerk of the Town is authorized to effect any minor modifications, corrections or
omissions solely of an administrative, numerical, grammatical, semantical or descriptive
nature to this by-law or its schedules after the passage of this by-law.
ENACTED AND PASSED by the Council this 8" day of July 2024.
MAYOR
ga
BL2024-050 Development Charges
Page 8 of 10
SCHEDULE "A"
By-law No. 2024-050
DESIGNATED TOWN SERVICES UNDER THIS BY-LAW
Town-Wide Services
1. Library Service
2. Outdoor Recreation
3. Indoor Recreation
4. Administration
5. Transit
6. Fire Protection
7. By-law Services
8. Services Related to a Highway: Roads and Related
Urban Services
1. Wastewater Services
2. Wastewater Treatment Plant
3. Water Services
BL2024-050 Development Charges
Page 9 of 10
SCHEDULE "B"
By-law No. 2024-050
SCHEDULE OF DEVELOPMENT CHARGES
Service Single & Semi- Apartment 2+ | Apartments 1 or Charge per
HE
Library Services $1,405 $1,045 $836 $522 $0.00
Outdoor t creation $10,466 $7,786 $6,228 $3,893 $0.00
nt reation $7,151 $5,320 $4,256 $2,660 $0.00
Administration $261 $194 $156 $97 $1.39
Transit $132 $99 $79 $49 $0.71
Fire Protection $1,282 $954 $763 $477 $6.87
By-Law Services $20 $15 $12 $7 $0.11
Services elated To A Highway: Roads & Related $13,583 $10,105 $8,084 $5,052 $73.71
Wastewaler Services $111 $83 $66 $41 $0.60
Wastewa r Treatment Plant $23,201 $17,259 $13,808 $8,630 $125.77
. Water Se ices $12,809 $9,529 $7,623 $4,764 $69.65
(1) DC rate for the Water Treatment Plant is provided under a separate Bylaw (#2024-036)
BL2024-050 Development Charges ,
ta! Page 10 of 10