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THE CORPORATION OF THE
TOWNSHIP OF DRUMMOND/NORTH ELMSLEY
BY-LAW NO. 2024-036
DEVELOPMENT CHARGES BY-LAW
WHEREAS, Section 2(1) of the Development Charges Act, 1997, S.O. 1997, c.27, as
amended, (the Act), provided 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 arising from development to the area to with the By-Law
applies;
AND WHEREAS, the Council of the Corporation of the Township of Drummond/North
Elmsley has undertaken and adopted the recommendations of a Study entitled "Township of
Drummond/North Elmsley Development Charges Background Study", dated September 19,
2024;
AND WHEREAS, the Council of the Corporation of the Township of Drummond/North
Elmsley has given notice of and held a public meeting on the 22nd of October 2024 in
accordance with the Act and the regulations thereto;
AND WHEREAS, the Council of the Corporation of the Township of Drummond/North
Elmsley has indicated its intentions to pass a By-law under the Development Charges Act,
1997, as amended, and to impose development charges on land subject to development or
redevelopment within the geographical limits of the Township of Drummond/North Elmsley,
as hereinafter provided;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Township of Drummond/North Elmsley exacts as follows:
PART1
DEFINITIONS
1.
For the purposes of the By-law, the definitions and interpretations given in this Section
shall apply:
(1)
Act "the Act," or the "Development Charges Act, 1997', shall have the same
meaning and shall mean the Development Charges Act, 1997, S.O. 1997, c.27,
and all regulations made hereunder.
(2)
Affordable Residential Unit shall mean a Residential Unit that meets the
criteria set out in the Act.
Page 1 of 22
(3)
Agricultural Use shall mean the growing of crops, including nursery, biomass,
and horticultural crops; raising of livestock; raising of other animals for food, fur,
or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry, maple
syrup projection; and associated on-farm buildings and structures, including but
not limited to livestock facilities and manure storages, excluding:
(a)
Residential uses;
(b)
On-farm diversified uses;
(c)
Cannabis Production Facilities;
(d)
Greenhouse
(4)
Ancillary Residential Use shall mean a Residential Dwelling that would be
ancillary to a Single Detached Dwelling, Semi-Detached Dwelling, or Row
dwelling.
(5)
Attainable Residential Unit shall mean a residential unit that meets the criteria
set out in the Act.
(6)
Bedroom means a habitable room which can be used as sleeping quarters, but
does not include a bathroom, living room, dining room or kitchen.
(7)
Board of Education has the same meaning as set out in the Education Act,
R.S.O. 1990, Chap. E.2, as amended, or any successor thereof.
(8)
Bona Fide Farm Uses shall mean the proposed development that 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.
(9)
Building shall mean a permanent enclosed structure occupying an area greater
than ten square metres (10 m2) and, notwithstanding the generality of the
foregoing, includes, but is not limited to:
(a)
An above-grade storage tank;
(b)
An air-supported structure;
(c)
An industrial tent;
(d)
A roof-like structure over a gas-bar or service station; and
(e)
An area attached to and ancillary to a retail development delineated by
one or more walls or part walls, a roof-like structure, or any one or more
of them
Page 2 of 22
(10)
Building Code Act shall mean the Building Code Act, S.O. 1992, as amended,
or any successor thereof.
(11)
Cannabis shall mean:
(a)
A Cannabis plant;
(b)
Any part of a cannabis plant. including the phytocannabinoids produced
by, or found in, such a plant, regardless of whether that part has been
processed or not;
(c)
any substance or mixture of substances that contains or has on it any
part of such a plant; and
(d)
any substance that is identical to any phytocannabinoid produced by, or
found in, such a plant, regardless of how the substance was obtained.
(12)
Cannabis Plant shall mean a plant that belongs to the genus "Cannabis"
(13)
Cannabis Production Facilities shall mean a Building, or part thereof,
designed, used, or intended to be used for one or more of the following:
cultivation, growing propagation, production, processing, harvesting, testing,
alteration, destruction, storage, packaging, shipment or distribution of cannabis
where a licence, permit or authorization has been issued under applicable
federal law but does not include a Building or part thereof solely designed,
used, or intended to be used for retail sales of cannabis.
(14)
Capital Cost shall mean costs incurred or proposed to be incurred by the
municipality or a local board thereof directly or by others on behalf of and as
authorized by the municipality or local board,
(a)
to acquire land or an interest in land, including a leasehold interest,
(b)
to improve land,
(c)
to acquire, lease, construct or improve buildings and structures,
(d)
to acquire, construct or improve facilities including,
(i)
furniture and equipment other than computer equipment, and
(ii)
material acquired for circulation, reference or information
purposes by a library board as defined in the Public Libraries Act,
R.S.O. 1990, Chap. P.44, as amended, or any successor thereof;
and
(e)
rolling stock with an estimated useful life of seven years or more, andto
undertake studies in connection with any matter under the Act and any of
the matters in clauses (a) to (d) above, including the development charge
background study required for the provision of services designated in this
By- law within or outside the municipality, including interest on borrowing
for those expenditures under clauses (a) to (e) above that are growth-
related.
Page 3 of 22
(15)
Commercial shall mean 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, but does include hotels, motels, motor inns and
boarding, lodging, and rooming houses.
(16)
Council shall mean the Council of the Township of Drummond/North Elmsley.
(17)
County shall mean the County of Lanark.
(18)
Development shall mean the construction, erection or placing of one or more
buildings or structures on land or the making of an addition or alteration to a
building or structure that has the effect of increasing the size of usability thereof,
and includes redevelopment.
(19)
Development Charge shall mean a charge imposed with respect to this By-
law.
(20)
Development Charge By-law shall mean a by-law passed under Section 2 of
the Development Charges Act, 1997, S.O. 1997, c.27, as amended.
(21)
Dwelling Unit shall mean one or more habitable rooms designed or intended to
be used as a domestic establishment and in which separate kitchen and
sanitary facilities are provided for the exclusive use of the occupants with a
private entrance from outside the building or from a common hallway or
stairway inside the building.
(22)
Education Act shall mean the Education Act, R.S.O. 1990, c. E.2, as amended
or any successor thereto.
(23)
Existing shall mean the number, use, and size that existed as of the date this
by-law was passed.
(24)
Farm Building shall mean a building or structure associated with and located
on land devoted to the practice of farming and that is used essentially for the
housing of farm equipment or livestock or the production, storage or processing
of agricultural and horticultural produce or feeds and as part of or in connection
with a bona fide farming operation and includes barns, silos and other buildings
or structures ancillary to that farming operation, including greenhouses, but
excludes:
(a)
a residential use, with the exception of a bunk house for seasonal farm
workers required for that farm operation; and
(b)
any building or portion thereof used or intended to be used for any other
Non- Residential Use, including, but not limited to: retail sales;
commercial services; restaurants; banquet facilities; hospitality and
accommodation facilities; gift shops; contractors' shops; services related
to grooming, boarding, or breeding of household pets; and alcohol and
marijuana production facilities.
Page 4 of 22
(25)
Grade shall mean the average level of finished ground adjoining a building or
structure at all exterior walls.
(26)
Green Energy Development shall mean the development of Solar PV or Wind
Turbine facilities for the purposes of electrical energy generation.
(27)
Greenhouse shall mean the use of a building or structure for the growing of
such items as flowers, bushes, shrubs, trees, plants, fruits, vegetables, and
other types of nursery stock for wholesale or retail purposes. Such use may
also include the retail sale of greenhouse products customarily, incidental,
subordinate, and exclusively, devoted to the principal use, located on the same
lot therein. A retail space accessory to a greenhouse shall have a maximum
retail floor area of 75 square metres.
(28)
Gross Floor Area shall mean:
(a)
in the case of a residential building or structure, the total area of all floors
above grade of a dwelling unit measured between the outside surfaces
of exterior walls or between the outside surfaces of exterior walls and
the-centre line of party walls dividing the dwelling unit from any other
dwelling unit or other portion of a building; and
(b)
in the case of a non-residential building or structure, or in the case of a
mixed-use building or structure 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:
(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)
outdoor loading facilities above 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,
but does not include showrooms.
(29)
Hospice shall mean 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.
(30)
Industrial shall mean lands, buildings or structures used or designed or
intended for use for manufacturing, processing, fabricating or assembly of raw
goods, warehousing or bulk storage of goods, and includes office uses and the
sale of commodities to the general public where such uses are accessory to an
industrial use, but does not include the sale of commodities to the general
public through a warehouse club, self-storage facilities, or any land, buildings or
structures used for an agricultural use.
Page 5 of 22
(31)
Institutional shall mean development of a building or structure intended for
use:
(a)
as a long-term care home within the meaning of subsection 2 (1) of the
Fixing Long-Term Care Act, 2021;
(b)
as a retirement home within the meaning of subsection 2 (1) of the
Retirement Homes Act, 201 O;
(c)
by any institution of the following post-secondary institutions for the
objects of the institution:
(i)
a university in Ontario that receives direct, regular, and ongoing
operation funding from the Government of Ontario;
(ii)
a college or university federated or affiliated with a university
described in subclause (i); or
(iii)
an Indigenous Institute prescribed for the purposes of section 6 of
the Indigenous Institute Act, 2017;
(d)
as a memorial home, clubhouse, or athletic grounds by an Ontario
branch of the Royal Canadian Legion; or
(e)
as a hospice to provide end of life care.
(32)
Live-work Unit shall mean a Building, or part of thereof, which contains, or is
intended to contain, both a Dwelling Unit and non-residential unit and which is
intended for both Residential Use and Non-residential Use concurrently and
shares a common wall or floor with or without direct access between the
residential and non-residential uses.
(33)
Local Board shall mean 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.
(34)
Local Services shall mean those services, facilities or things which are under
the jurisdiction of the Township of Drummond/North Elmsley and are related to
a plan of subdivision or within the area to which the plan relates in respect of
the lands under sections 41, 51 or 53 of the Planning Act, R.S.O. 1990, Chap.
P .13, as amended, or any successor thereof.
(35)
Long-term Care Home shall mean a residential building or the residential
portion of a mixed-use building within the meaning of subsection 2 ( 1) of the
Fixing Long-Term Care Act, 2021.
(36)
Maximum Interest Rate shall mean on a particular date, the mean, rounded to
the nearest hundredth of a percentage point, of the annual rates of interest
announced by each of the Royal Bank of Canada, The Bank of Nova Scotia, the
Canadian Imperial Bank of Commerce, the Bank of Montreal and The Toronto-
Dominion Bank to be its prime or reference rate of interest in effect on that date
for determining interest rates on Canadian dollar commercial loans by that bank
Page 6 of 22
in Canada, adjusted on the first business day of every January, April, July, and
October, plus one percentage point.
(37)
Minimum Interest Rate shall mean the interest rate of the Bank of Canada on
the day the by-law comes into force, updated on the first business day of every
January, April, July, and October.
(38)
Mixed Use Development means a building that is used, designed, and/or
designated to be used for both residential and non-residential purposes,
including, but not limited to a Live-work Unit.
(39)
Municipality means the Corporation of the Township of Drummond/North
Elmsley.
(40)
Net Capital Cost shall mean the capital cost less costs that benefit existing
development, costs that benefit growth in the post forecast period embraced in
the Development Charge calculations, costs ineligible for recovery through
Development Charges, and capital grants, subsidies and other contributions
made to the Township of Drummond/North Elmsley or that Council anticipates
will be made, including conveyances or payments under sections 41, 50 and 52
of the Planning Act, R.S.O. 1990, as amended, in respect of the capital cost.
(41)
Non-profit Housing Development shall mean the development of a building or
structure intended for use as residential premises and developed by:
(a)
a corporation to which the Not-for-Profit Corporations Act, 2010 applies,
that is in good standing under that Act and whose primary objective is to
provide housing,
(b)
a corporation without share capital to which the Canada Not-for-profit
Corporation Act applies, that is in good standing under that Act and
whose primary objective is to provide housing, or
(c)
a non-profit housing co-operative that is in good standing under the Co-
operative Corporations Act, 2022.
(42)
Non-Residential Use shall mean development other than residential
development as defined herein, and includes development for commercial and
industrial uses.
(43)
On-Farm Diversified Use shall mean a use, occurring entirely and exclusively
within a detached building that is secondary and subordinate to the active and
principle agricultural use occurring on a property. Such uses shall be integrated
within a farm cluster of buildings which must include a dwelling, and may
include, but are not limited to, uses that produce value added agricultural
products or provide a service that is supportive of regional agri-business.
(44)
Owner shall mean the owner of land or a person who has made application for
an approval for development of land upon which a development charge is
imposed.
Page 7 of 22
(45)
Planning Act shall mean the Planning Act, R.S.O. 1990, c. P.13, as amended
or any successor thereto.
(46)
Prescribed shall mean prescribed by Regulations made under the
Development Charges Act, 1997, S.O. 1997, c.27, as amended.
(47)
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 of a building or
structure from residential to non-residential or from non-residential to
residential.
(48)
Regulation shall mean any regulation made pursuant to the Act.
(49)
Rental Housing shall mean development of a building or structure with four or
more dwelling units all of which are intended for use as rented residential
premises.
(50)
Residential Dwelling shall mean 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.
(51)
Residential Building shall mean a building used or intended to be used for
human habitation containing one or more dwelling units in which all domestic
functions may be carried on including:
(a)
Accessory Dwelling shall mean a single dwelling which is accessory to
a permitted non-residential use, located on the same lot therewith and is
occupied either by the family of the owner such non-residential use or by
a family of a person employed on the lot where such dwelling is located.
(b)
Apartment Unit shall mean any residential unit within a building
containing more than four dwelling units where the units are connected
by an interior corridor. Despite the foregoing, an apartment dwelling
includes Stacked Townhouse Dwellings.
(c)
Back-to-Back Townhouse Dwelling shall mean a building containing
four or more dwelling units separated vertically by a common wall,
including a rear common wall, that does not have a rear yard with
amenity area.
(d)
Converted Dwelling shall mean a building originally designed as a
single detached dwelling which has been altered or converted so as to
provide therein not more than four dwelling units, with or without
separate entrances, non of which shall be located in the cellar of the
dwelling, but which may be located partially in the basement.
(e)
Duplex Dwelling shall mean a building that is divided horizontally into
two dwelling units each of which has an independent entrance.
(f)
Mobile Dwelling House shall mean a dwelling house that is designed,
constructed and/or manufactured to provide a permanent residence, but
Page 8 of 22
cannot meet the definition of a modular dwelling house, motor home,
travel trailer, tent trailer or other trailer as defined under the Township's
Zoning By-law. A Mobile Home shall be designed in accordance with the
CSA-Z240 standard and shall only be permitted in a zone where it is
clearly defined as a permitted use.
(g)
Modular Dwelling House shall mean a dwelling house built in one or
more major pieces/modules in a manufacturing facility and transported to
the site where the unit is assembled on a foundation. The structure must
have a CSA-A277 certification. For the purposes of this By-law, a
modular dwelling house shall be deemed either a Single Detached
Dwelling or constituent part of a Semi-Detached Dwelling, Rowhouse or
Other Multiple Dwelling.
(h)
Other Multiple Dwellings shall mean all dwellings other than Single-
Detached, Semi- Detached, Apartment, and Special Care/Special
Dwelling units.
(i)
Park Model Dwelling House shall mean a manufactured dwelling
designed and constructed in conformity with CAN/CSA-Z241. A Park
Model Dwelling House shall only be used as seasonal dwellings.
U)
Rowhouse shall mean 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.
(k)
Row Townhouse shall have the same meaning as a Row Dwelling.
(I)
Semi-Detached Dwelling shall mean a dwelling unit in a residential
building consisting of two dwelling units having one vertical wall, but not
other parts, attached or another dwelling unit where the residential unit
are not connected by an interior corridor.
(m)
Single Detached Dwelling shall mean a residential building consisting
of one dwelling unit and not attached to another dwelling unit above
grade;
(n)
Temporary Seasonal Dwelling Unit shall mean a dwelling unit that is
removed within eight (8) months in any given calendar year.
(o)
Triplex Dwelling shall mean a residential building that is divided
horizontally into three dwelling units each of which has an independent
entrance.
(p)
Special Care/Special Dwelling shall mean a Building, or part of a
Building:
(i)
containing two or more Dwelling Units which units have a common
entrance from street level;
(ii)
where the occupants have the right to use, in common with other
occupants, halls, stairs, yards, common rooms and accessory
Buildings;
(iii)
that is designed to accommodate persons with specific needs,
including but not limited to, independent permanent living
arrangements;
(iv)
where support services, such as meal preparation, grocery
shopping, laundry, housekeeping, nursing, respite care and
Page 9 of 22
attendant services are provided at any one or more various levels;
and
(v)
the residential building or the residential portion of a mixed-use
building maintained and operated as a Long-term Care Home
under subsection 2 (1) of the Fixing Long-Term Care Act, 2021.
(vi)
and includes, but is not limited to, Retirement Home or Lodge,
Charitable Dwelling, Group Home (including a Correctional Group
Home), Hospice, and Long-term Care Home.
(q)
Stacked Townhouse shall mean a building, other than a Duplex, Row
Dwelling, or Back-to-Back Townhouse, containing at least two or more
dwelling units; each dwelling unit separated from the other vertically
and/or horizontally and each dwelling unit having a separate entrance to
grade.
(52)
Retirement Home shall mean a residential building or the residential portion of
a mixed-use building which provides accommodation primarily for retired
persons or couples where each private bedroom or living accommodation has a
separate private bathroom and separate entrance from a common hail but
where common facilities for the preparation and consumption of food are
provided, and common lounges, recreation rooms and medical care facilities
may also be provided.
(53)
Services shall mean services designated in this by-law or an agreement made
under the Development Charges Act, 1997, S.O. 1997, c.27, as amended, as
applicable.
(54)
Servicing Agreement shall mean an agreement between a landowner and the
municipality relative to the provision of municipal services to specified land
within the municipality.
(55)
Solar PV shall mean electricity generation by a group of photovoltaic cells,
typically arranged on a panel, which convert solar energy into electrical energy.
(56)
Temporary Structure shall mean a building or structure constructed or erected
or placed on land for a continuous period not exceeding eight months, or an
addition or alteration to a building or structure that has the effect of increasing
the gross floor area thereof for a continuous period not exceeding eight months.
(57)
Township shall mean the area within the geographic limits of the Township of
Drummond/North Elmsley.
(58)
Wind Turbine shall mean a rotary engine that extracts energy from the flow of
wind, converts it to mechanical energy by causing a bladed rota to rate, and
further converts it to electrical energy through an electrical generator.
(59)
Zoning By-Law shall mean the Zoning By-Law of the Township of
Drummond/North Elmsley, or any successor thereof passed pursuant to section
34 of the Planning Act, S.O. 1998.
Page 10 of 22
DESIGNATED AREA
THE CORPORATION OF THE
TOWNSHIP OF DRUMMOND/NORTH ELMSLEY
BY-LAW NO. 2024-036
PART2
APPLICATION
2.
The designated area within which Development Charges are imposed by this By- law
are all lands and associated buildings and structures within the geographic territorial
limits of the Township.
DESIGNATED TOWNSHIP SERVICES/CLASS OF SERVICES
3.
The designated Township services/class of services for which Development Charges
are imposed are those services identified in Schedule "A" to this By-law.
DESIGNATED USES
4.
The uses of land, buildings or structures for which development charges are hereby
imposed are as follows, and are also as set out in Schedule "B" attached to and forming
part of this By-Law, as defined in Section 1 of this by-law, pertaining to the following
types of developments:
(a) Residential;
(b) Non-Residential; and
(c) Green Energy.
Page 11 of 22
THE CORPORATION OF THE
TOWNSHIP OF DRUMMOND/NORTH ELMSLEY
BY-LAW NO. 2024-036
Development Charges Applicability
5.
The Development Charges established by this By-law shall apply to all residential and
non-residential development within the Township where the development of the land
would increase the need for services and the development requires:
(a)
the passing of a zoning by-law or of an amendment to a zoning by-law 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 50 of the Condominium Act, R.S.O.
1990, Chap. C.26, as amended, or any successor thereof; or
(g)
the issuing of a permit under the Building Code Act in relation to a building or
structure.
5.1
Where two or more of the actions described in Subsection 4 (a) to (g) are
required in order to develop land, only one development charge shall be
calculated and collected in accordance with the provisions of this By-Law.
5.2 Notwithstanding Subsection 4.1, if two or more of the actions described in
Subsection 4 (a) to (g) occur at different times, and if the subsequent action has
the effect of increasing the need for all or some of the services designated in
Schedule "A", an additional development charge shall be calculated and collected
in accordance with the provisions of this By-law.
6.
This By-law shall not apply to lands, buildings or structures that are owned by and
used for the purposes of:
(a)
The Corporation of the Township of Drummond/North Elmsley or any board
thereof; or
(b)
The County of Lanark or any local area municipality thereof and any boards
thereof.
7.
For the purposes of the Residential charge, only Development or Redevelopment for
the purpose of creating a new dwelling or dwellings shall be subject to the provision of
this By-law.
8.
For the purposes of the Non-Residential charge, only Development or Redevelopment
for the purpose of creating new Gross Floor Area shall be subject to the provision of
this By-law.
Page 12 of 22
THE CORPORATION OF THE
TOWNSHIP OF DRUMMOND/NORTH ELMSLEY
BY-LAW NO. 2024-036
9.
No Development Charge may be imposed with respect to:
(a)
local services installed at the expense of the owner within a plan of subdivision as
a condition of approval under Section 51 of the Planning Act, R.S.O. 1990, P.13;
(b)
local services installed at the expense of the owner as a condition of approval
under Section 50 of the Planning Act, 1990, R.S.O. 1990, P.13; or
(c)
local connections to water mains, sanitary sewers and storm drainage facilities
installed at the expense of the owner including amounts imposed under a By-law
passed under Section 204 of The Municipal Act, 2001 S.O. 2001 c.25.
10.
If an owner or a former owner has, before the coming into force of this By-law, paid all
or any portion of a charge related to development pursuant to an agreement under
Section 50, or 51 of the Planning Act, R.S.O. 1990, or a predecessor thereof with
respect to land within the area to which this By-law applies, a credit for the amount of
the charge already paid shall be granted within the calculation of the Development
Charge applied under this By-law.
11 .
If an owner or former owner has, before the coming into force of this By-law, entered
into an agreement subject to Section 50, or 51 of the Planning Act, R.S.O. 1990, or a
predecessor therefore, which includes provisions for payment of the Development
Charge related to development but said charge has not been paid, the provisions of
the said agreement shall prevail to the extent of any conflict with this By-law.
12.
Development Charges as set out in Part 3 of this by-law shall apply to residential and
non-residential development but only as far as:
(a)
the growth-related net capital costs are attributable to that use; and
(b)
the growth-related net capital cost of each service is attributable to the service or
standard of service being provided at the time the Development Charges are
being calculated.
13.
Amount of Charges
Residential
PART3
DEVELOPMENT CHARGES
(a)
The development charges described in Schedule "A" and 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, and the
residential portion for a Live-Work unit, according to the type of residential unit, and
calculated with respect to each of the services according to the type of residential use.
Page 13 of 22
Non-residential
THE CORPORATION OF THE
TOWNSHIP OF DRUMMOND/NORTH ELMSLEY
BY-LAW NO. 2024-036
(b)
The development charges described in Schedule "A" and set out 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 the non-residential portion for a Live-Work unit,
and calculated with respect to each of the services according to the Gross Floor Area
of the non-residential use.
Green Energy
(c)
The development charges described in Schedule "A" to this by-law in for green energy
developments shall be as set out in Schedule "B", attached to, and forming part of this
By-Law except that no charge shall apply as set out in Section 14 of this By-Law titled
Exemptions.
The development charge for a green energy development shall be calculated based
on the total generating capacity of the solar PV or wind turbine installation. The
development charge for green energy developments with net generating capacities not
equal to 500 kW shall be calculated on a prorated basis.
EXEMPTIONS
14.
Notwithstanding Section 13 above, a Development Charge By-law shall not impose a
Development Charge with respect to:
(a)
the Municipality and County, or a Local Board thereof;
(b)
a Board of Education;
(c)
The portion of a Place of Worship that is for worship;
(d)
Buildings or structures with a cemetery or burial ground;
(e)
Greenhouses; and
(f)
Bona Fide Farm Uses.
15.
Notwithstanding Section 13(b) above, a Development Charge By-law shall not impose
a Non-Residential Development Charge with respect to:
(a)
The first 3,000 square feet of G.F.A. of any Non-Residential Development. Non-
Residential Development beyond 3,000 square feet of G.F.A. shall be charged
the full Non-Residential Development Charge.
16.
Exemption for Industrial Development
(a)
Notwithstanding any other provision of this by-law, no Development Charge is
payable with respect to an enlargement of the Gross Floor Area of an existing
industrial building where the Gross Floor Area is enlarged by 50 percent or less,
of the original Gross Gloor Area.
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THE CORPORATION OF THE
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BY-LAW NO. 2024-036
(b)
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:
i.
determine the amount by which the enlargement exceeds 50 percent of the
Gross Floor Area before the enlargement;
ii.
divide the amount determined under subsection a) by the amount of the
enlargement
For the purpose of section 15 herein, "Existing Industrial Building" is used as defined in
the Regulation made pursuant to the Act
RESIDENTIAL INTENSIFICATION EXEMPTIONS
17.
The following shall be exempt from payment of the Development Charges:
(a)
Affordable Residential Unit;
(b)
Attainable Residential Unit;
(c)
Affordable inclusionary zoning Residential Units
(d)
Non-Profit Housing units;
(e)
an enlargement to an existing dwelling unit;
(f)
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;
(g)
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;
(h)
One residential unit in a building or structure ancillary to an existing detached
house, semi-detached house or rowhouse on a parcel of 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;
(i)
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;
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THE CORPORATION OF THE
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BY-LAW NO. 2024-036
U)
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;
(k)
One residential unit in a building or structure ancillary to a new detached house,
semi-detached house or rowhouse on a parcel of 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; or
(I)
In an existing rental residential Building, which contains four or more residential
Dwelling Units, the creation of the greater of one residential Dwelling Unit or
one percent of the existing residential Dwelling Units.
DISCOUNTS
18. The Development Charge payable for Rental Housing developments will be reduced
based on the number of bedrooms in each unit as follows:
(a)
Three or more bedrooms - 25% reduction;
(b)
Two bedrooms - 20% reduction; and
(c)
All other bedroom quantities - 15% reduction.
REDUCTION OF DEVELOPMENT CHARGES FOR REDEVELOPMENT/CONVERSION
19. 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 three (3) years prior to the
date of payment of development charges in regard to such redevelopment was, or is to
be demolished, in whole or in part, or converted from one principal use to another
principal use on the same land, in order to facilitate the redevelopment, the development
charges otherwise payable with respect to such redevelopment shall be reduced by the
following amounts:
(a)
in the case of a residential building or structure, or in the case of a mixed-use
building or structure, the residential uses in the mixed-use building or structure,
an amount calculated by multiplying the applicable development charge under
section 13(a) 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 applicable development
charges under section 13(b ), 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.
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BY-LAW NO. 2024-036
PART4
ADMINISTRATION
TIMING OF CALCULATION OF PAYMENT
20. A Development Charge shall be calculated and payable in full in money or by provision
of services as may be agreed upon by credit granted by 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.
21. Where a Development Charge applies to land in relation to which a completed building
permit has been submitted, the building permit shall not be issued until the Development
Charge has been paid in full.
22. Notwithstanding sections 20 and 21, development charges for rental housing and
institutional developments are due and payable in 6 instalments commencing with the
first instalment payable on the date of occupancy, and each subsequent instalment,
including interest, payable on the anniversary date each year thereafter.
23. Where the development of land results from the approval of a Site Plan or Zoning By-
law Amendment received and approved between January 1, 2020, and June 5, 2024,
and the approval of the application occurred within 2 years of building permit issuance,
the Development Charges under section 13 shall be calculated on the Development
Charges set out in Schedule "B" on the date of the planning application, including
interest, based on the Maximum Interest Rate. Where both planning applications apply
Development Charges under section 13 shall be calculated on the Development
Charges set out in Schedule "B" on the date of the later planning application, including
interest, based on the Maximum Interest Rate.
24. 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, where the approval of the
application occurred on or after June 6, 2024, and the approval of the application
occurred within 18 months of building permit issuance, the Development Charges under
section 13 shall be calculated based on the Development Charges set out in Schedule
"B" on the date of the planning application, including interest, based on the Maximum
Interest Rate. Where both planning applications apply, development charges under
section 13 shall be calculated on the Development Charges set out in Schedule "B", on
the date of the latter planning application, including interest, based on the Maximum
Interest Rate.
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BY-LAW NO. 2024-036
25. Notwithstanding sections 20 to 24, 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.
26. Interest for the purposes of sections 22 to 24 shall be determined as prescribed in the
Development Charges Act, as amended from time to time.
RESERVE FUNDS
27. Monies received from payment of Development Charges shall be maintained in separate
reserve funds for each of the services/class of services and shall be used only to meet
the growth-related net capital costs for which the Development Charges provided for
under this By-law are levied.
28. Income received from investment of the Development Charge reserve funds shall be
credited to the Development Charge reserve funds for the designated Township service
or class of service (per Section 3) of this By-Law) in relation to which the investment
income applies.
UNPAID DEVELOPMENT CHARGES
29. 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.
30.
Where any unpaid Development Charges are collected as taxes under Section 29, the
monies so collected shall be credited to the Development Charge reserve funds
referred to in Section 27.
REPORTING
31. The Treasurer of the Corporation of the Township of Drummond/North Elmsley shall, on
or before March 1st each year, prepare an annual financial statement for the
development charges reserve funds as prescribed under Section 12 of Ontario
Regulation 82/98 and shall submit the statement for Council's consideration.
OVERPAYMENT
32. Where this By-law or any Development Charge prescribed hereunder is amended or
repealed either by order of the Ontario Land Tribunal or by resolution of the Council of
the Corporation of the Township of Drummond/North Elmsley, the Clerk of the Township
of Drummond/North Elmsley shall calculate forthwith the amount of any overpayment to
be refunded as a result of said amendment or repeal.
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THE CORPORATION OF THE
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BY-LAW NO. 2024-036
EFFECTIVE DATE
This By-law shall come into force and effect December Pt, 2024, for a term of ten (10) years.
READ a first, second and third time and finally passed this 26th day of November, 2024.
Ac::
Steve F6urnier, Reeve
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THE CORPORATION OF THE
TOWNSHIP OF DRUMMOND/NORTH ELMSLEY
BY-LAW NO. 2024-036
33. Refunds that are required to be paid under Section 25 shall be paid with interest to be
calculated as follows:
(a) Interest shall be calculated from the date on which the overpayment was collected
to the date on which the refund is paid;
(b) Interest shall be paid at the Bank of Canada rate in effect on the later of,
(i)
the date of enactment of this By-law, or
(ii)
the date of the last quarterly adjustment thereof, in accordance with the
provisions of subsection (4) of the Act.
INDEXING OF DEVELOPMENT CHARGES
34. The Development Charges referred to in this By-law may be adjusted annually without
amendment to this By-law, as of the First day of January in accordance with the
Statistics Canada Quarterly, Construction Price Statistics, unless the Council
determines to waive any part or all of such adjustment.
35. This By-law shall be administered by the Treasurer of the Corporation of the Township
of Drummond/North Elmsley.
36. Notwithstanding any other provision of this By-law, where a completed building permit
application has been lodged with the Township of Drummond/North Elmsley prior to the
date of enactment of this By-law, the Development Charge in effect prior to the date of
enactment of this By-law shall apply.
SCHEDULES
The following schedules to this By-law form an integral part of this By-law:
Schedule "A"
Schedule "B"
ULTRA VIRES
Designated Township Services and Class of Services Under This By-
law
Schedule of Residential and Non-Residential Development Charges
It is the declared intention of the Council of the Township of Drummond/North Elmsley that
any section or part thereof or any Schedule or part thereof which may be held to be void or
ineffective shall not be deemed to affect the validity of any other section or Schedule to this
By-law.
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THE CORPORATION OF THE
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BY-LAW NO. 2024-036
SCHEDULE "A"
DESIGNATED TOWNSHIP SERVICES AND CLASS OF SERVICES
UNDER THIS BY-LAW
Township-wide Services
1.
Services Related to a Highway
2.
Fire Protection Services
3.
Policing Services
4.
Parks and Recreation Services
5.
Library Services
6.
Waste Diversion
Township-wide Class of Services
1.
Growth-Related Studies
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THE CORPORATION OF THE
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BY-LAW NO. 2024-036
SCHEDULE "B"
SCHEDULE OF RESIDENTIAL AND NON-RESIDENTIAL DEVELOPMENT CHARGES
Township-Wide Services:
Services Related to a Highway
3,935
2,964
2,245
1,608
1,516
3,935
Fire Protection Sef\1ces
102
77
58
42
39
102
Policing Sef\1ces
4
3
2
2
2
4
Parks and Recreation Sennces
828
624
472
338
319
Library Sennces
703
529
401
287
271
Waste Di1.ersion
168
127
96
69
65
Township-Wide Class of Services:
Growth-Related Studies
395
297
225
161
152
395
Total Township.Wida ServlcaalCla- of Sarvlcea
$6,135
$4,621
$3,499
$2,507
$2,384
$4,436
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1.86
0.05
0.00
0.14
0.12
0.08
0.15
$2.40