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THE CORPORATION OF THE TOWN OF ERIN
By-Law#23-Og
Being a By-law of The Corporation of the Town of Erin to lmpose
Wastewater DeveloPment Gharges
Whereas, the Town of Erin will experience growth through development and re-
development;
And Whereas, development and re-development requires the provision of capital works
by the Town of Erin;
And Whereas, Council desires to ensure that the capital cost of meeting growth-related
demands for or burden on municipal services does not place an excessive financial
burden on the Town of Erin or its existing taxpayers while at the same time ensuring
new taxpayers contribute no more than the net capital cost attributable to providing the
current level of municipal services;
And Whereas, the Development Charges Act, 1997 (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, section 2(8) of the Act provides that multiple Development Charges By-
laws may apply to the same area within a municipality;
And Whereas, a development charge background study has been completed in
accordance with the Act;
And Whereas, the Council of The Corporation of the Town of Erin has given notice of
and held a public meeting on February 23,2023 in accordance with the Act and the
regulations thereto;
Now Therefore, the Gouncil of the Corporation of the Town of Erin hereby enacts
as follows:
1. INTERPRETATION
1.1 ln this By-law the following items shall have the corresponding meanings:
"Act" means the Development Charges Act, 1997, as amended, or any
successor thereof;
"apartment unit" means any residential unit within a building containing more
than four dwelling units where the units are connected by a public corridor or
passageway;
"bed and breakfast" means a dwelling or part thereof in which the proprietor
resides and supplies accommodation and meals to overnight guests on a
temporary basis and contains no more than three guest rooms;
"bedroom" means a habitable room which can be used as sleeping quarters, but
does not include a bathroom, living room, dining room or kitchen;
"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 successorthereof;
"boarding, lodging or rooming house" means a dwelling in which meals are
regularly served for a fee or compensation for three up to eight persons other
than the owner, lessee or tenant of the dwelling, or members of his/her
immediate family;
"bona fide farm uses" means the proposed development will qualify as a farm
business operating with a valid Farm Business Registration Number issued by
the Ontario Ministry of Agriculture, Food and Rural Affairs and be assessed in
the Farmland Realty Tax class by the ontario property Assessment
Corporation;
"Building code Act" means the Building code Act, s.o. 1992, as amended, or
any successor thereof;
"capital cost" means costs incurred or proposed to be incurred by the Town or a
local board thereof directly or by others on behalf of and as authorized by the
Town 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
(iii) rolling stock with an estimated useful life of seven years or
more, and
(e) to 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 Town, including
interest on borrowing for those expenditures under clauses (a) to (e)
above that are groMh-related;
"commercial" means any use of land, structures or buildings for the purposes of
buying or selling commodities and services, but does not include industrial or
agricultural uses, but does include hotels, motels, motor inns and boarding,
lodging and rooming houses;
"Council" means the Council of the Town;
"development" means the construction, erection or placing of one or more
buildings or structures on land or the making of an addition or alteration to a
building or structure that the effect of increasing the size of usability thereof, and
includes redevelopment;
"development charge" means a charge imposed with respect to this By-law;
"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;
"existing" means the number, use and size that existed as of the date this by-law
was passed;
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"farm building" means that part of a bona fide farming operation encompassing
barns, silos and other ancillary development to an agricultural use, but
excluding a residential use;
"garden suite" means a one-unit detached residential structure containing
blthroom and kitchen facilities that is ancillary to an existing residential
structure and that is designed to be temporary;
"gross floor area" means:
(a) in the case of a residential building or structure, the total area of all
floors above grade of a dwelling unit measured between the outside
surfaces of exterior walls or between the outside surfaces of exterior walls
and the centre line of party walls dividing the dwelling unit from any other
dwelling unit or other portion of a building; and
(b) in the case of a non-residential building or structure, 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 behrueen
the outside surfaces of exterior walls and the centre line of party walls
dividing a non-residential use and a residential use, except for:
(i)
a room or enclosed area within the building or structure
above or below that is used exclusively for the
accommodation of heating, cooling, ventilating, electrical,
mechanical or telecommunications equipment that service
the building;
(ii)
loading facilities above or below grade; and
(iii) a part of the building or structure below grade that is used for
the parking of motor vehicles or for storage or other
accessory use;
"hotel" means a building that contains four or more suites and that provides
sleeping accommodation for the travelling public or for recreational purposes with
or without kitchen facilities for the exclusive use of individual occupants and
may include motel and hostel;
"industrial" means 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;
"lnstitutional development" means development of a building or structure
intended for use,
a)
as a long-term care home within the meaning of subsection 2 (1) ot
the Long-Term Care Homes Act, 2007;
b)
as a retirement home within the meaning of subsection 2 (1) of the
Retirement Homes Act, 2010;
c)
by any of the following post-secondary institutions for the objects of
the institution:
a university in Ontario that receives direct, regular, and
ongoing operating funding from the Government of Ontario,
(i)
(ii) a college or university federated or affiliated with a university
described in subclause (i), or
(iii) an lndigenous lnstitute prescribed for the purposes of
section 6 of the lndigenous lnstitutes Act, 2017;
d)
as a memorial home, clubhouse or athretic grounds by an ontario
branch of the Royal Canadian Legion; or
e)
as a hospice to provide end of life care;
"Local Board" means a school board, public utility, commission, transportation
commission, public library board, board of park management, tocal board of
health, board of commissioners of police, planning board, or any other board,
commission, committee, body or local authority established or exercising any
porver or authority under any general or special Act with respect to any of tfre
affairs or purposes, including school purposes, of the Town of Erin or iny part
or parts thereof;
"local services" means those services, facilities or things which are under the
jurisdiction of the Town 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;
"multiple dwellings" means all dwellings other than single detached, semi-
detached and apartment unit dwellings;
"Non-profit housing development" means development of a building or structure
intended for use as residential premises by,
a)
a corporation to which the Not-for-Profit Corporations Act, 2O1O
applies, that is in good standing under that Act and whose primary
object is to provide housing;
b)
a corporation without share capital to which the Canada Not-for-
profit Corporations Act applies, that is in good standing under that
Act and whose primary object is to provide housing; or
c)
a non-profit housing co-operative that is in good standing under the
Co-operative Corporations Act. 2022, c.21, Sched. 3, s. 4.
"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;
"official Plan" means the official Plan adopted for the Town, as amended and
approved;
"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;
"place of worship" means that part of a building or structure that is exempt from
taxation as a place of worship under the Assessment Act, R.s.o. 1990, chap.
A.31, as amended, or any successor thereof;
"rate" means the interest rate established weekly by the Bank of Canada based
on Treasury Bills having a term of 91 days;
"regulation" means any regulation made pursuant to the Act;
"rental housing" means development of a building or structure with four or more
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dwelling units all of which are intended for use as rented residential premises;
"residential dwelling" means a building, occupied or capable of being occupied
as a home, residence or sleeping place by one or more persons, containing one
or more dwelling units but not including motels, hotels, tents, truck campers,
tourist trailers, mobile camper trailers or boarding, lodging or rooming houses;
"residential use" means the use of a building or structure or portion thereof for
one or more dwelling units. This also includes a dwelling unit on land that is
used for an agricultural use;
"row dwelling and/or multi-dwelling building" means building that is not a hotel
containing three or more dwelling units in a building, each of which has an
independent entrance from the exterior and is separated either vertically,
horizontally or both from any abutting dwelling;
"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 not other parts, attached or another dwelling unit where the residential unit
are not connected by an interior corridor;
"service" means a service designed in Schedule "A" to this By-law, and
"services" shall have a corresponding meaning;
"servicing agreement" means an agreement between a landOwner and the
Town relative to the provision of municipal services to specified land within the
Town;
"single detached dwelling unit" means a residential building consisting of one
dwelling unit and not attached to another structure;
"special care facilities" means lands, buildings or structures used or designed or
intended for uses for the purpose of providing supervision, nursing care or
medical treatment, which do not comprise dwelling units, that are licensed,
approved or supervised under any special or general statute, and excludes the
special care/special dwelling portions of the building;
"special care/special dwelling" a residential portion of a special care facilities
building containing two or more dwelling units, which units have a common
entrance from street level:
(a) Where the occupants have the right to use in common, halls, stairs,
yards, common rooms, and accessory buildings;
(b) Which may or may not have exclusive sanitary and/or culinary
facilities;
(c) That is designed to accommodate persons with specific needs,
including, but not limited to, independent permanent living
arrangements;
(d) Where support services such as meal preparation, grocery
shopping, Iaundry, housekeeping, nursing, respite care and
attendant services are provided at various levels; and
(e) lncludes, but is not limited to, retirement houses, nursing homes,
group homes and hospices;
"Town" means the Corporation of the Town of Erin and/or the area within the
geographic limits of the Town of Erin;
"Zoning By-Law" means the Zoning By-Law of the Town of Erin, including the
former Village of Erin, the former Township of Erin or any successor thereof
passed pursuant to section 34 of the planning Act, S.O. 1gg0.
2. DESIGNATION OF SERVICES
2.1
The categories of services for which development charges are imposed under
this By-law are as follows:
(a) Wastewater Services
2.2
The components of the services designated in subsection 2.1 are described in
Schedule A.
3. APPLICATION OF BY.LAW RULES
3.1
Development charges shall be payable in the amounts set out in this By-law
where:
(a) the lands are located in the area described in 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 Bv-law Applies
3-2 Subject to subsection 3.3, this By-law applies to all lands in the Town whether or
not the land or use thereof is exempt from taxation under section 13 of the
Assessment Act.
3.3 Notwithstanding clause 3.2 above, this by-law shall not apply to lands that are
owned by and used for the purposes of:
(a) the Town or a local board thereof;
(b) a board of education; or
(c) the Corporation of the County of Wellington or a local board
thereof.
Approvals for Development
3.4 (a) Development charges shall be imposed on all lands, buildings or
structures that are developed for residential or non-residential uses if the
development requires:
(i)
the passing of a zoning by-law or of an amendment to a
zoning by-law under section 34 of the Planning Act;
(ii) the approval of a minor variance under section 45 of the
Planning Act;
(iii) a conveyance of land to which a by-law passed under
subsection 50 (7) of the Planning Act applies;
(iv) the approval of a plan of subdivision under section 51 of the
Planning Act;
(v) a consent under section 53 of the Planning Act;
(vi) the approval of a description under section 50 of the
Condominium Act, R.S.O. 1990, Chap. C.26, as amended,
or any successor thereof; or
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(vii) the issuing of a permit under the Building code Act 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.a (a) are required before the Iands, 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
Rules with Respect to Exemptions for lntensification of Existinq Housinq or New
Housinq
3.5
Notwithstanding the provisions of this By-law, development charges shalt not be
imposed with respect to:
(a)
(b)
an enlargement to an existing dwelling unit;
the creation of additional dwelling units equal to the greater of one or 1o/o
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
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 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.
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
3.8
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.
Rules with Respect to an lndustrial Exoansio
Exemotion
lf a development includes the enlargement of the gross floor area of an existing
industrial building, the amount of the development charge that is payable in
respect of the enlargement is determined in accordance with the foliowing:
(a) Subject to subsection 3.8 (c), if the gross floor area is enlarged by 50 per
cent or less of the lesser of:
(i)
the gross floor area of the existing industrial building, or
(ii) the gross floor area of the existing industrial building before the first
enlargement for which:
an exemption from the payment of development charges
was granted, or
a lesser development charge than would othenruise be
payable under this by-law, or predecessor thereof, was paid,
pursuant to section 4 of the Act and this subsection,
the amount of the development charge in respect of the
enlargement is zero;
(b) Subject to subsection 3.8 (c), if the gross floor area is enlarged by more
than 50 per cent or less of the lesser of:
(i)
( ii)
a
b
a
b
the gross floor area of the existing industrial building, or
the gross floor area of the existing industrial building before the first
enlargement for which:
an exemption from the payment of development charges
was granted, or
a lesser development charge than would otherwise be
payable under this by-law, or predecessor thereof, was paid,
pursuant to section 4 of the Act and this subsection,
the amount of the development charge in respect of the enlargement is the
amount of the development charge that would othenryise be payable multiplied by
the fraction determined as follows:
(i)
determine the amount by which the enlargement exceeds 50 per
cent of the gross floor area before the first enlargement, and
(ii) divide the amount determined under subsection (i) by the amount of
the enlargement.
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3.9
3.10
(c) For the purposes of calculating the extent to which the gross floor area of
an existing industrial building is enlarged in subsection 3.8 (b), the
cumulative gross floor area of any previous enlargements for which:
(i)
An exemption from the payment of development charges was
granted, or
(ii) A lesser development charge than would otherwise be payable
under this by-law, or predecessor thereof, was paid,
pursuant to section 4 of the Act and this subsection, shall be added to the
calculation of the gross floor area of the proposed enlargement.
(d) For the purposes of this subsection, the enlargement must not be attached
to the existing industrial building by means only of a tunnel, bridge,
passageway, canopy, shared below grade connection, such as a service
tunnel, foundation, footing or parking facility.
For the purpose of section 3.8 herein, "existing industrial building" is used as
defined in the Regulation made pursuant to the Act.
Other Exemotions/Red uctions:
Notwithstanding the provision of this by-law, development charges shall not be imposed
with respect to:
(a) lands, buildings or structures used or to be used for a place of worship or
for the purposes of a cemetery or burial ground exempt from taxation
under the Assessment Act;
(b) a public hospital receiving aid under the Public Hospitals Act, R.S.O.
1990, Chap. P.40, as amended, or any successor thereof;
(c) the development of non-residentialfarm buildings constructed for bona
fide farm uses, which qualify as a farm business, being that which
operates with a valid Farm Business Registration Number and is assessed
in the Farmland Realty Tax Class;
(d) one additional dwelling unit in any other existing residential accessory
building;
(e) garden suite constructed in accordance with the Planning Act;
(f)
bed and breakfast establishment that is not considered a hotel; and
(g) boarding, lodging or rooming house that is not considered a hotel
3.10.1 Discounts for Rental Housins (for profit):
The D.C. payable for rental housing developments, where the residential
units are intended to be used as a rented residential premises will be
reduced based on the number of bedrooms in each unit as follows:
(a) Three or more bedrooms -25o/o reduction;
(b) Two bedrooms - 20o/o reduction; and
(c) All other bedroom quantities - 15% reduction.
Amount of Gharges
Residential
3-11 The development charges set out in Schedule B shall be imposed on residential
uses of lands, buildings or structures, including a dwelling unit accessory to a
non-residential use and, in the case of a mixed-use building or structure, on the
residential uses in the mixed-use building or structure, according to the type of
residential unit, and calculated with respect to each of the services accoiding to
the type of residential use.
Non-Residential
3J2 The development charges described in Schedule B to this by-law shall be
imposed on non-residential uses of lands, buildings or structures, and, in the
case of a mixed-use building or structure, on the non-residential uses in the
mixed use building or structure, and calculated with respect to each of the
services according to the total floor area of the non-residential use.
Mandatory Phase-in
3.13 The amount of the development charges described in Schedule B to this by-law
shall be reduced in accordance with section 5(8) of the Act. Therefore, the
following percentages of the charges provided in Schedule B will be imposed
(subject to annual indexing as per section 5 of this by-law):
(a) Year 1 - 80 per cent;
(b) Year 2 - 85 per cent;
(c) Year 3 - 90 per cent;
(d) Year 4 - 95 per cent;
(e) Year 5 through 10 - 100 per cent.
Reduction of Develooment Charqes for Redevelooment
3.14 Despite any other provisions of this by-law, where, as a result of the
redevelopment of land, a building or structure existing on the same land within 60
months 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 othenrvise 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 3.11 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 subsection 3.12, 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 othenryise payable with respect to the redevelopment.
Time of Pavment of Develooment Charqes
3.15 Development charges imposed under this by-law are calculated, payable, and
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collected upon issuance of a building permit for the development.
3.16 Notwithstanding subsections 3.11 and 3.12, 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 (calculated in accordance with
Section 26.3 of the Act), payable on the anniversary date each year thereafter.
3.17 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 two years of building permit issuance, the
development charges under subsections 3.11 and 3.12 shalt be calculated on the
rates set out in Schedule "B" on the date of the planning application, including
interest. Where both planning applications apply development charges under
subsections 3.11 and 3.12 shall be calculated on the rates, including interest
(calculated in accordance with Section 26.3 of the Act), set out in Schedules "8"
on the date of the later planning application.
3.18 Despite section 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 othenruise be payable, in accordance with section 27 of
the Act.
Complaints
3.19 Complaints about development charges may be filed to Council in accordance to
Section 20 of the Act.
4. PAYM ENT BY SERVICES
Despite the payment required under subsections 3.11 and 3.12, Council may, by
agreement, give a credit towards a development charge in exchange for work
that relates to a service to which a development charge relates under this By-law
4.1
5.
NG
5.1
Development charges imposed pursuant to this by-law shall be adjusted
annually, without amendment to this by-law, commencing on January 1st each
year thereafter, in accordance with the prescribed index in the Act.
6. SCH
LES
6.1
The following schedules shall form part of this by-law:
Schedule A - Components of Services Designated in subsection 2.1
Schedule B - Residential and Non-Residential Schedule of Development
Charges for Wastewater Services
7. CONFLICTS
Where the Town and an owner or former owner have entered into an agreement
with respect to land within the area to which this by-law applies, and a conflict
exists between the provisions of this by-law and such agreement, the provisions
of the agreement shall prevail to the extent that there is a conflict.
Notwithstanding section 7.1, where a development which is the subject of an
agreement to which section 7.1 applies, is subsequently the subject of one or
more of the actions described in subsection 3.4 (a), an additional development
charge in respect of the development permitted by the action shall be calculated,
payable and collected in accordance with the provisions of this by-law if the
development has the effect of increasing the need for services, unless such
7.1
7.2
agreement provides othenruise
8. SEVERABILITY
8.1 lf, for any reason, any provision of this by-law is held to be invalid, it is hereby
declared to be the intention of Council that all the remainder of this by-law shall
continue in fullforce and effect until repealed, re-enacted, amended or modified
9. DATE BY.LAW IN FORCE
9.1 This By-law shall come into effect at 12:01AM on July 13,2023
lO.DATE BY.LAW
IRES
10.1
This By-law will expire at 12:01AM on July 13, 2033 unless it is repealed by
Council at an earlier date.
By-law read a first and second time this 13 day of July, 2029.
By-law read a third time and finally passed this 13 day of July, 2023
Passed in open Gouncil on July 19,2029.
Mayor, Michael Dehn
Clerk, Lisa Campion
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SCHEDULE "A'TO BY-LAW 23-09
COMPONENTS OF SERVICES DESIGNATED IN SUBSECTION 2.1
Wastewater Services
Treatment
Collection
a
a
SCHEDULE "BU TO BY-LAW 23-09
SCHEDULE OF DEVELOPMENT CHARGES
6.45
3.24
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6.5S6
3.302
g,An
4.244
4.127
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4,857
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8,a75
6,946
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19.r45
9.584
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WastffatsTBtHt
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folll Wrlbelbrs.r$caa
Singlc and Semi.
Ootached D{slling
RESIOENTIAL
Apartrnonls - 2
B€dr@ms +
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Special
Carolspecial
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