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The Corporation of the Township of Douro-Dummer
By-Law Number 2024-44
A By-law to establish Development Charges for the Township of Douro-
Dummer
Whereas the Development Charges Act, 1997 (the "Act") provides that the
council of a municipality may by by-law impose development charges against land
to pay for increased capital costs required because of increased needs for services;
And whereas a Development Charges Background Study has been completed in
accordance with the Act;
And whereas Council has before it a report entitled "Township of Douro-Dummer
Development Charges Background Study" prepared by Watson & Associates
Economists Ltd. dated June 4, 2024;
And whereas Council approves the capital project listing set out in Chapter 5 of
the D.C. Background Study dated June 4, 2024, subject to further annual review
during the capital budget process;
And whereas the Council of the Corporation of the Township of Douro-Dummer
has given notice of and held a public meeting on the 6th day of August, 2024 in
accordance with the Act and the regulations thereto and determined that no
further public meeting is required;
And whereas Council, whenever appropriate, request that grants, subsidies and
other contributions be clearly designated by the donor as being to the benefit of
existing development or new development, as applicable;
Now therefore the Council of the Corporation of the Township of Douro-Dummer
hereby enacts as follows:
1.0 Definitions
1.1
In this by-law,
1)
"Act" means the Development Charges Act, S.O. 1997, c. 27, as amended,
or any successor thereto;
2)
"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;
3)
"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;
4)
"Ancillary residential building" means a residential building that would be
accessory to a detached dwelling, semi-detached dwelling, or row dwelling;
5)
"Apartment unit" means any residential dwelling unit within a building
containing three or more dwelling units where access to each residential
unit is obtained through a common entrance or entrances from the street
level and the residential units are connected by an interior corridor;
6)
"Attainable residential unit" means a residential unit that meets the criteria
set out in subsection 4.1(4) of the Act;
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)
"Benefitting area" means an area defined by a map, plan or legal
description in a front-ending agreement as an area that will receive a
benefit from the construction of a service;
9)
"Board of education" means a board defined in subsection 1(1) of the
Education Act, or any successor thereto;
10)
"Building Code Act" means the Building Code Act, R.S.O. 1990, c.B.-13, as
amended, or any successor thereto;
11)
"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;
i.
to acquire land or an interest in land, including a leasehold interest;
ii.
to improve land;
iii.
to acquire, lease, construct or improve buildings and structures;
iv.
to acquire, construct or improve facilities including:
a. furniture and equipment other than computer equipment;
b. materials acquired for circulation, reference or information
purposes by a library board as defined in the Public Libraries
Act; and
c. rolling stock with an estimated useful life of seven years or
more, and;
v.
interest on borrowing for those expenditures under clauses (i) to (iv)
above that are growth-related;
12)
"Commercial" means any non-residential development not defined under
"institutional" or "industrial";
13)
"Council" means the Council of the Township of Douro-Dummer;
14)
"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 redevelopment;
15)
"Development charge" means a charge imposed pursuant to this By-law;
16) "Dwelling room" means either:
a) each bedroom used, designed, or intended for use by one or more
persons living together in a lodging home, dormitories; or
b) in the case of a special care/special dwelling unit/room, each
individual room or suite of rooms used, designed, or intended for use
by one or two persons with or without exclusive sanitary and/or
culinary facilities;
17)
"Dwelling unit" means any part of a building or structure used, designed, or
intended to be used as a domestic establishment in which one or more
persons may sleep and are provided with culinary and sanitary facilities for
their exclusive use;
18)
"Existing industrial building" means an industrial building or buildings
existing on site in the Township of Douro-Dummer on the date of by-law
passage or the first building constructed and occupied on a vacant site
pursuant to site plan approval under Section 41 of the Planning Act, R.S.O.
c.P.13 subsequent to this by-law coming to effect for which full
development charges were paid.
20) "Grade" means the average level of finished ground adjoining a building or
structure at all exterior walls;
21)
"Gross floor area" means the total floor 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 other dwelling units or other portion of
a building;
In the case of a non-residential 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 dividing a non-residential use and a residential
use, except for any of the following:
a)
A room or enclosed area within the building or structure above or
below grade that is used exclusively for the accommodation of
heating, cooling, ventilating, electrical, mechanical or
telecommunications equipment that services the building;
b) Loading facilities above or below grade;
c)
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;
22)
"lndustrial" means lands, buildings or structures used or designed or
intended for or in conjunction with:
i.
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;
ii.
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;
iii.
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
iv.
Office or administrative purposes, if they are,
a. carried out with respect to manufacturing or warehousing; and
b. In or attached to the building or structure used for such
manufacturing or warehousing;
23)
"Institutional" means lands, buildings or structures used or designed or
intended for use by an organized body, society or religious groups for
promoting a public or non-profit purpose;
24) "Interest rate" means the annual rate of interest as set out in section 26.3 of
the Act.
25)
"Local board" has the same definition as defined in the Development
Charges Act, S.O. 1997;
26)
"Local services" means those services, facilities or things which are under
the jurisdiction of the Township 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.O. 1990, as amended or any
successor thereto;
27)
"Mezzanine" means an intermediate floor assembly between the floor and
ceiling of any room or storey and includes an interior balcony;
29)
"Non-profit housing development" means Development of a building or
structure that meets the criteria set out in section 4.2 of the Act.
30)
"Non-residential use" means a building or structure of any kind whatsoever
used, designed or intended to be used for other than a residential use and
includes all commercial, industrial and institutional uses;
31)
"Other multiple" means all residential units other than a single detached
dwelling, semi-detached dwelling, apartment dwelling or a special
care/special dwelling unit, including;
32)
"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;
33)
"Redevelopment" means the construction, erection or placing of one or more
buildings on land where all or part of a building on such land has been
previously demolished, or changing the use of all or part of a building from a
residential purpose to a non-residential purpose or from a non-residential
purpose to a residential purpose, or changing all or part of a building from
one form of residential development to another form of residential
development or from one form of non-residential development to another
form of non-residential development;
34)
"Regulation" means any regulation made pursuant to the Act;
35)
"Rental housing" means development of a building or structure with four (4)
or more residential units all of which are intended for use as rented
residential premises;
36)
"Residential use" means lands, buildings or structures of any kind
whatsoever used, designed or intended to be used as living accommodations
for one or more individuals;
37)
"Semi-detached dwelling" means a dwelling unit in a residential building
consisting of two dwelling units having one vertical wall or one horizontal
wall, but no other parts, attached or another dwelling unit where the
residential units are not connected by an interior corridor;
38)
"Services" (or "service") means those services set out in Schedule "A" to this
By law;
39)
"Servicing agreement" means an agreement between a landowner and the
Township relative to the provision of municipal services to specified lands
within the Township;
40)
"Single detached dwelling unit" means a residential building consisting of
one dwelling unit and not attached to another structure and includes mobile
homes;
41)
"Special care/special dwelling" means a residence
a) containing two or more dwelling rooms, which rooms have common
entrance from street level;
b) where the occupants have the right to use in common with other
occupants, halls, stairs, yards, common room and accessory buildings;
and
c) that is designed to accommodate persons with specific needs, including
but not limited to, independent permanent living· arrangements; and
where support services, such as meal preparation, grocery shopping,
laundry, housing, nursing, respite care and attending services are
provided at various levels; and includes but is not limited to retirement
homes or lodges, group homes, dormitories, and hospices;
28)
"Township" means The Corporation of the Township of Douro-Dummer;
2.0
DESIGNATION OF SERVICES/CLASSES OF SERVICE
2.1 The categories of services/classes of service for which development charges
are imposed under this by-law are as follows:
a) Services Related to a Highway;
b) Fire Protection Services;
c) Parks and Recreation Services;
d) Library Services; and
e) Growth Studies.
2.2 Components of the services designated in Subsection 2.1 are described in
Schedule "A".
3.0
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 Subsection 3.2; and
b) the development of the lands requires any of the approvals set out in
Subsection 3.4 (a).
Area to Which By-law Applies
3.2 Subject to Subsection 3.3, this by-law applies to all lands in the geographic
area of the Township.
3.3 This by-law shall not apply to lands that are owned by and used for the
purposes of:
a) the Township of Douro-Dummer or a "local board" thereof;
b) a "board of education" as defined in Section 1(1) of the Education Act,
R.S.O. 1990;
c) County of Peterborough or a "local board" thereof;
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 otherwise be payable is intended to be
occupied and used by the university.
Approvals for Development
3.4 a) Development charges shall be imposed on all lands, buildings or
structures that are developed for residential or non-residential uses if
the development requires,
(i) the passing of a zoning by-law or an amendment to a zoning by law
under Section 34 of the Planning Act, R.S.0. 1990;
(ii)
the approval of a minor variance under Section 45 of the
Planning Act, R.S.O. 1990;
(iii) a conveyance of land to which a by-law passed under Subsection
50(7) of the Planning Act, R.S.0. 1990, applies;
(iv) the approval of a plan of subdivision under Section 51 of the
Planning Act;
(v) a consent under Section 53 of the Planning Act;
(vi) the approval of a description under Section 50 of the Condominium
Act, R.S.O. 1990; or
(vii) the issuing of a permit under the Building Code Act S. 0. 1990, in
relation to a building or structure.
b) No more than one development charge for each service designated in
Subsection 2.1 shall be imposed upon any lands, buildings or structures
to which this by-law applies even though two or more of the actions
described in Subsection 3.4(a) are required before the lands, buildings
or structures can be developed.
c) Despite Subsection 3.4(b), if two or more of the actions described in
Subsection 3.4(a) occur at different times, additional development
charges shall be imposed if the subsequent action has the effect of
increasing the need for services.
Exemptions
3.5 Notwithstanding the provisions of this By-law, development charges shall
not be imposed with respect to:
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.
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
Exemption for Industrial Development:
3.8.1 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 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.
3.8.2 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.
3.9
Other Exemptions/Reductions
Notwithstanding the provision of this By-law, development charges shall not be
imposed with respect to:
- Non-profit Housing Development;
- Affordable Residential Units required pursuant to section 34 and 16(4) of
the Planning Act (Inclusionary Zoning);
- 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 Charges:
(i)
Affordable Residential Units; and
(ii)
Attainable Residential Units
3.9.1 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 premise 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 Charges
Residential
3.10 The development charges described in Schedule B 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 uses in the mixed-use building
or structure, according to the type of residential unit, and calculated with
respect to each of the services according to the type of residential use.
Non-Residential Uses
3.11 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 nonresidential uses in
the mixed-use building or structure and calculated with respect to each of
the services according to the gross floor area of the non-residential use.
Reduction of Development Charges Where Redevelopment
3.12 Despite any other provision of this by-law, where, as a result of the
redevelopment of land, a building or structure existing on the same land
within 60 months prior to the date of payment of development charges in
regard to such redevelopment was, or is to be demolished, in whole or in
part, or converted from one principal use to another principal use on the
same land, in order to facilitate the redevelopment, the development charges
otherwise payable with respect to such redevelopment shall be reduced by
the following amounts:
a) In the case of a residential building or structure, or in the case of a
mixed- use building or structure, the residential uses in the mixed use
building or structure, an amount calculated by multiplying the
applicable development charge under Subsection 3.10 and of this by-
law by the number, according to type, of dwelling units that have been
or will be demolished or converted to another principal use; and
provided that such amounts shall not exceed, in total, the amount of
the development charges otherwise payable with respect to the
redevelopment.
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
applicable development charges under subsection 3.11 by the gross
floor area that has been or will be demolished or converted to another
principal use; provided that such amounts shall not exceed, in total, the
amount of the development charges otherwise payable with respect to
the redevelopment.
Time of Payment of Development Charges
3.13 Development charges imposed under this section are payable upon
issuance of the first building permit with respect to each dwelling unit,
building or structure.
3.14 Notwithstanding subsection 3.13 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 earlier of
the date the first occupancy permit is granted or the date of first
occupancy, and each subsequent instalment, including interest calculated in
accordance with section 26.3 of the Act.
3.15 Where the development of land results from the approval of a site plan or
zoning by-law amendment received on or after January 1, 2020, and the
approval of the application occurred within the timing set out in the Act, the
development charges under subsections 3.10 and 3.11shall be calculated on
the rates set out in Schedule "B" on the date of the planning application,
including interest in accordance with section 26.3 of the Act. Where both
planning applications apply, development charges under subsections 3.10
and 3.11 shall be calculated on the rates, including interest 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.
3.16 Despite sections 3.13 to 3.15, Council from time to time, and at any time,
may enter into agreements providing for all or any part of a development
charge to be paid before or after it would otherwise be payable, in
accordance with section 27 of the Act.
4.0
PAYMENT BY SERVICES
4.1 Despite the payments required under Subsections 3.10 and 3.11, 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 this by-law.
5.0 INDEXING
5.1 Development charges imposed pursuant to this by-law shall be adjusted
annually, without amendment to this by-law, commencing on December 31,
2024 and each December 31 annually thereafter, in accordance with the
Statistics Canada Quarterly, Non-Residential Building Construction Price Index.
6.0
SCHEDULES
The following schedules to this by-law form an integral part thereof:
Schedule "A" -
Components of Services Designated in Subsection 2.1
Schedule "B" -
Residential and Non-Residential Development Charges
7.0
DATE BY-LAW IN FORCE
7.1
This by-law shall come into force upon passage.
8.0
DATE BY-LAW EXPIRES
8.1
This by-law will expire as of 10 years from the date of passage, unless it is
repealed at an earlier date.
Passed in open Council this 6th day of August, 2024.
______________________________
Mayor, Heather Watson
______________________________
Clerk, Martina Chait-Hartwig
SCHEDULE "A"
To By-law Number 2024-44
Designated Municipal Services Under This By-law
Services Related to a Highway
Roads
Sidewalks
Bridges and Culverts
Streetlights
Facilities
Vehicles and Equipment
Fire Protection Services
Fire Stations
Fire Vehicles and Equipment
Small Equipment and Gear
Parks and Recreation Services
Parkland Development
Parks Amenities
Parkland Trails
Park Vehicles and Equipment
Recreation Facilities
Library Services
Facilities
Collection Materials
Growth Studies