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THE CORPORATION OF THE TOWNSHIP OF ESSA
BY-LAW NO. 2023 - 32
A By-law to establish municipal-wide and area-specific
development charges for the Corporation of the
Township of Essa
WHEREAS subsection 2(1) of the Development Charges Act, 1997 c. 27
(hereinafter called "the Act") provides that the Council of a Municipality may pass By-laws
for the imposition of development charges against land for increased capital costs
required because of the need for services arising from development in the area to which
the By-law applies; and
WHEREAS the Council of the Corporation of the Township of Essa ("Township of
Essa") has given notice in accordance with Section 12 of the Development Charges Act,
1997, of its intention to pass a By-law under Section 2 of the said Act; and
WHEREAS the Council of the Township of Essa received a report entitled
Development Charge Background Study, Township of Essa dated April 21, 2023
prepared by Hemson Consulting, wherein it is indicated that the development of any land
within the Township of Essa will increase the need for services as defined herein; and
WHEREAS the Council of the Township of Essa has heard all persons who applied
to be heard no matter whether in objection to, or in support of, the development charge
proposal at a Public Meeting held on May 17, 2023 and provided a subsequent period for
written communications to be made; and
WHEREAS the Council has given said communications due consideration, has
made any necessary revisions to the Township of Essa Development Charges
Background Study as a result of those communications, and has determined that no
further public meetings are required in respect of the Background Study and the
Development Charges By-Law; and
WHEREAS Council has given consideration to the use of more than one
development charge by-law to reflect different needs for services in different areas, also
known as area rating or area specific development charges, and has determined that for
the services and associated infrastructure proposed to be funded by development
charges under this by-law that it is fair and reasonable that the charges be calculated on
both a municipal-wide and area-specific basis; and
WHEREAS the Council of the Township of Essa on June 21, 2023 approved the
Development Charge Background Study dated April 21, 2023, in which certain
recommendations were made relating to the establishment of a development charge
policy for the Township of Essa pursuant to the Development Charges Act, 1997.
By-law No. 2023-32
Development Charges
NOW THEREFORE the Council of the Township of Essa enacts as follows:
DEFINITIONS
1.
In this By-law,
( 1)
"Act" means the Development Charges Act, 1997, c. 27;
(2)
"Accessory use" means a use of land, buildings or structures which is
incidental and subordinate to the principal use of the lands and buildings;
(3)
"Agricultural use" means the bona fide use of lands and buildings for
apiaries, fish farming, dairy farming, fur farming, the raising or exhibiting of
livestock, or the cultivation of trees, shrubs, flowers, grains, sod, fruits,
vegetables and any other crops or ornamental plants and includes the
operation of a farming business and the erection of a farm help house on
agricultural land but excludes a commercial greenhouse. Agricultural use
does not include the development of a single detached dwelling on
agricultural land;
(4)
"Apartment dwelling" means any residential unit within a building containing
three or more dwelling units where access to each residential unit is
obtained through a common entrance or entrances from the street level and
the residential units are connected by an interior corridor and shall include
dwelling units contained above or as part of commercial buildings;
(5)
"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;
(6)
"Board of Education" means a board defined in s.s. 1 (1) of the Education
Act;
(7)
"Building Code Act" means the Building Code Act, 1992, S.O. 1992, c.23,
as amended;
(8)
"Building or Structure" means an enclosed area, including, but is not limited
to, above grade storage tanks, air supported structures and industrial tents;
(9)
"Capital cost" means costs incurred or proposed to be incurred by the
municipality or a local board thereof directly or by others on behalf of, and
as authorized by, the municipality or local board,
(a)
to acquire land or an interest in land, including a leasehold interest;
(b)
to improve land;
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Development Charges
(c)
to acquire, lease, construct or improve buildings and structures;
(d)
to acquire, lease, construct or improve facilities including (but not
limited to),
(i)
rolling stock with an estimated useful life of seven years or
more,
(ii)
furniture and equipment, other than computer equipment, and
(iii)
materials acquired for circulation, reference or information
purposes by a library board as defined in the Public Libraries
Act, R.S.O. 1990, c.P44, and
(e)
to undertake studies in connection with any of the matters referred
to in clauses (a) to (d);
(f)
to complete the development charge background study under
Section 10 of the Act;
(g)
interest on money borrowed to pay for costs in (a) to (d);
required for provision of services designated in this By-law within or outside
the municipality.
(10)
"Council" means the Council of The Corporation of the Township of Essa;
(11)
"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;
(12)
"Development charge" means a charge imposed pursuant to this By-law;
(13)
"Dwelling unit" means a room or suite of rooms used, or designed or
intended for use by, one person or persons living together, in which culinary
and sanitary facilities are provided for the exclusive use of such person or
persons;
(14)
"Farm building" means that part of a bona fide farm operation encompassing
barns, silos and other ancillary development to an agricultural use, but
excluding a residential use;
(15)
"Grade" means the average level of finished ground adjoining a building or
structure at all exterior walls;
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Development Charges
(16)
"Local board" means a public utility commission, public library board, local
board of health, or any other board, commission, committee or body or local
authority established or exercising any power or authority under any general
or special Act with respect to any of the affairs or purposes, including school
purposes, of the municipality or any part or parts thereof;
(17)
"Local services" means those services or facilities which are under the
jurisdiction of the municipality and are related to a plan of subdivision or
within the area to which the plan relates, and are required as a condition of
approval under s.51 of the Planning Act, or as a condition of approval under
s.53 of the Planning Act;
(18)
"Multiple dwelling" means all dwellings other than single detached
dwellings, semi-detached dwellings, and apartment dwellings;
(19)
"Municipality" means the Corporation of the Township of Essa;
(20)
"Non-residential uses" means a building or structure used for other than a
residential use;
(21)
"Official plan" means the Official Plan of the Township of Essa and any
amendments thereto;
(22)
"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;
(23)
"Planning Act" means the Planning Act, R.S.O. 1990, c.P13, as amended;
(24)
"Primary Dwelling Unit" means a dwelling contained in the main building on
a lot;
(25)
"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 been previously demolished on such land, or changing the
use of a building or structure from a residential use to a non-residential use
or from a non-residential use to a residential use, or changing a building or
structure from one form of residential use to another form of residential use
or from one form of non-residential use to another form of non-residential
use;
(26)
"Regulation" means any regulation made pursuant to the Act;
(27)
"Residential uses" means lands, buildings or structures or portions thereof
used, or designed or intended for use as a home or residence of one or
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Development Charges
more individuals, and shall include a single detached dwelling, a semi-
detached dwelling, a multiple dwelling, an apartment dwelling, and the
residential portion of a mixed-use building or structure;
(28)
"Semi-detached dwelling" means a building divided vertically into two
dwelling units each of which has a separate entrance and access to grade;
(29)
"Services" means services set out in Schedule "A" to this By-law;
(30)
"Single detached dwelling" means a completely detached building
containing only one dwelling unit.
(31)
"Total floor area" means,
(a)
in the case of a residential building or structure, or in the case of a
mixed-use building or structure with respect to the residential portion
thereof, the aggregate of the total areas of all floors in the building or
structure 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 another dwelling unit or other portion of a building;
(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 aggregate of the total areas of all floors in the
building or structure 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 separating a non-
residential use from a residential use.
SCHEDULE OF DEVELOPMENT CHARGES
2.
(1)
Subject to the provisions of this By-law, development charges against land
shall be imposed, calculated and collected in accordance with the base
rates set out in Schedule "B" (Township Services), which relate to the
services set out in Schedule "A".
(2)
Notwithstanding subsection 2(1 ),
where there is development or
redevelopment of land in Angus, as described in Schedule "C" of this By-
law, the land shall also be subject to further development charges for
sanitary sewer and water services that are specific to the lands in Angus,
as set out in Schedule "B".
(3)
The development charge with respect to the use of any land, buildings or
structures shall be calculated as follows:
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Development Charges
(a)
in the case of residential development or redevelopment, or the
residential portion of a mixed-use development or redevelopment,
based upon the number and type of dwelling units; and
(b)
in the case of non-residential development or redevelopment, or the
non-residential
portion
of
a
mixed-use
development
or
redevelopment, based upon the total floor area of such development.
(4)
Council hereby determines that the development or redevelopment of land,
buildings or structures for residential and non-residential uses will require
the provision, enlargement or expansion of the services referenced in
Schedule "A".
PHASE-IN OF DEVELOPMENT CHARGES
3.
(1)
Development charges shall be phased in accordance with the requirements
of the Act.
APPLICABLE LANDS
4.
(1)
Where permitted pursuant to the provisions of the Development Charges
Act, 1997, and not otherwise prohibited by such Act, or otherwise exempted
by the provisions of this By-law, this By-law applies to all land, buildings and
structures within the Township of Essa.
EXEMPTIONS AND DISCOUNTS
5.
(1)
This By-law shall not apply to land that is owned by and used for the
purposes of:
(a)
a Board of Education;
(b)
any municipality or local board thereof; and
(c)
a non-residential farm building;
(2)
This By-law shall not apply to that category of exempt development
described in Section 2(3)(3.1 )(3.2)(3.3) of the Act and section 2 of O.Reg.
82/98, namely:
(a)
the enlargement of an existing dwelling unit;
(b)
One or two additional dwelling units in an existing or to be
constructed single detached dwelling or prescribed ancillary
structure to the existing residential building;
(c)
The creation of additional dwelling units equal to the greater of one
or 1 % of the existing dwelling units in an existing residential rental
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Development Charges
building containing four or more dwelling units or prescribed ancillary
structure to the existing residential building;
(d)
The creation of one additional dwelling unit in any other existing or
to be constructed residential building, such as a semi-detached or
row dwelling or prescribed ancillary structure to the existing
residential building;
(e)
Notwithstanding subsection (b) above, development charges shall
be imposed if the total gross floor area of the additional one or two
units exceeds the gross floor area of the existing dwelling unit.
(f)
Notwithstanding subsection (d) above, development charges shall
be imposed if the additional unit has a gross floor area greater than:
a. In the case of a semi-detached or row dwelling, the gross floor
area of the existing smallest dwelling unit; and
b. In the case of any other residential building, the gross floor area
of the smallest dwelling unit already contained in the residential
building.
(3)
This By-law does not apply to that category of exempt development
described in Section 4(2) of the Act and Section 1 of O.Reg. 82/98, namely:
(a)
the enlargement of the gross floor area of an existing industrial
building, if the gross floor area is enlarged by 50 percent or less;
(b)
for the purpose of (a) the terms "gross floor area" and "existing
industrial building" shall have the same meaning as those terms have
in O.Reg. 82/98 made under the Act.
(4)
Notwithstanding subsection (3)(a), if the total floor area of an existing
industrial building is enlarged by more than 50 percent, development
charges shall be calculated and collected in accordance with Schedule "B"
on the amount by which the enlargement exceeds 50 percent of the total
floor area before the enlargement.
(5)
In accordance with Section 26.2(1.1) of the Act, the amount of a
development charge determined for rental housing development shall be
reduced in accordance with the following rules:
(a)
a development charge for a residential unit intended for use as a
rented residential premises with three or more bedrooms shall be
reduced by 25 per cent;
By-law No. 2023-32
Development Charges
(b)
a development charge for a residential unit intended for use as a
rented residential premises with two bedrooms shall be reduced by
20 per cent;
(c)
a development charge for a residential unit intended for use as a
rented residential premises not referred to in subsection 5(a) and
5(b) of this by-law shall be reduced by 15 per cent.
(6)
This By-law does not apply to non-profit housing development as per
Section 4.2 of the Act.
APPROVALS FOR DEVELOPMENT
6.
(1)
(2)
Subject to subsection (2), development charges shall be calculated and
collected in accordance with the provisions of this By-law and be imposed
on land to be developed or redeveloped for residential and non-residential
use, where the development or redevelopment requires:
(i)
the passing of a Zoning By-law or an amendment thereto under
Section 34 of the Planning Act, R.S.O. 1990, c.P. 13;
(ii)
the approval of a minor variance under Section 45 of the Planning
Act, R.S.O. 1990, c.P.13;
(iii)
a conveyance of land to which a By-law passed under subsection
50(7) of the Planning Act, R.S.O. 1990, c.P.13 applies;
(iv)
the approval of a plan of subdivision under Section 51 of the Planning
Act, R.S.O. 1990, c.P. 13;
(v)
a consent under Section 53 of the Planning Act, R.S.O. 1990, c.P.13;
(vi)
the approval of a description under Section 50 of the Condominium
Act, R.S.O. 1980, c.84; or
(vii)
the issuing of a permit under the Building Code Act, R.S.O. 1990,
c.B.13, in relation to a building or structure.
Subsection (1) shall not apply in respect to
(a)
local services installed or paid for by the owner within a plan of
subdivision or within the area to which the plan relates, as a condition
of approval under Section 51 of the Planning Act, R.S.O. 1990, c.P.
13;
By-law No. 2023-32
Development Charges
(b)
local services installed or paid for by the owner as a condition of
approval under Section 53 of the Planning Act, R.S.O. 1990, c.P. 13.
LOCAL SERVICE INSTALLATION
7.
Nothing in this By-law prevents Council from requmng, as a condition of an
agreement under Section 51 or 53 of the Planning Act, that the owner, at his or her
own expense, shall install or pay for such local services, as Council may require.
MULTIPLE CHARGES
8.
(1)
Where two or more of the actions described in subsection 6(1) are required
before land to which a development charge applies can be developed, only
one development charge shall be calculated and collected in accordance
with the provisions of this By-law.
(2)
Notwithstanding subsection (1 ), if two or more of the actions described in
subsection 6(1) occur at different times, or a second or subsequent building
permit is issued, resulting in increased, additional or different development,
and if the subsequent action has the effect of increasing the need for
municipal services as set out in Schedule "A", an additional development
charge on the additional residential units and non-residential total floor area,
shall be calculated and collected in accordance with the provisions of this
By-law.
SERVICES IN LIEU
9.
(1)
Council may authorize an owner, through an agreement under Section 38
of the Act, to substitute such part of the development charge applicable to
the owner's development as may be specified in the agreement, by the
provision at the sole expense of the owner, of services in lieu.
Such
agreement shall further specify that where the owner provides services in
lieu in accordance with the agreement, Council shall give to the owner a
credit against the development charge in accordance with the agreement
provisions and the provisions of Section 39 of the Act, equal to the
reasonable cost to the owner of providing the services in lieu. In no case
shall the agreement provide for a credit which exceeds the total
development charge payable by an owner to the municipality in respect of
the development to which the agreement relates.
(2)
In any agreement under subsection 9(1 ), Council may also give a further
credit to the owner equal to the reasonable cost of providing services in
addition to, or of a greater size or capacity, than would be required under
this By-law.
By-law No. 2023-32
Development Charges
(3)
The credit provided for in subsection (2) shall not be charged to any
development charge reserve fund.
DEVELOPMENT CHARGE CREDITS
10.
If development or redevelopment involves the demolition of and replacement of a
building or structure, or the conversion of one principal use to another:
(1)
A credit shall be allowed against the development charges otherwise
payable, provided that a building permit has been issued for the
development or redevelopment within five years from the date the
demolition permit or other planning approval related to the demolition of a
building or structure on the site has been issued, whichever date is earlier;
(2)
The credit shall be calculated:
(a)
for any portion of a building or structure used for residential uses,
based on the number of dwelling units demolished and/or converted,
multiplied by the applicable residential development charge in place
at the time the development charge is payable; and/or
(b)
for any portion of a building or structure used for non-residential
uses, based on the total floor area of the building demolished and/or
converted, multiplied by the current non-residential charge in place
at the time the development charge is payable.
(3)
The credit, can in no case, exceed the amount of the development charge
that would otherwise be payable.
TIMING OF CALCULATION AND PAYMENT
11.
(1)
Subject to subsection 11 (3) of this By-law, development charges shall be
payable in full in money or by provision of services as may be agreed upon,
or by credit granted under the Act, on the date that the first building permit
is issued in relation to a building or structure on land to which a development
charge applies;
(2)
Subject to subsection 11 (3) of this By-law, if development or redevelopment
does not require a building permit but does require one or more of the
actions described in subsection 6(1) above, development charges shall be
paid prior to the granting of approval for any action required under
subsection 6(1) of this By-law;
(3)
Where development or redevelopment requires approval of a plan of
subdivision under section 51 of the Planning Act or a consent under section
53 of the Planning Act, the development charges for services set out in
By-law No. 2023-32
Development Charges
paragraphs 1, 2, 3, 4 or 5 of Subsection 2(4) of the Act shall be paid
immediately upon the parties entering into the subdivision agreement or
consent agreement, as the case may be;
(4)
Council may enter into an agreement with an owner to make any
development charges payable earlier or later than the date provided for in
subsection 11 (1 );
(5)
The amount of development charge will be determined in accordance with
Section 26, 26.1 and 26.2 of the Act, prior to issuance of the building permit
or revision to building permit;
(6)
If construction has not begun after 24 months from the date of issuance of
a building permit (conditional or full), a top-up to the rate in effect at that
time will apply;
(7)
Notwithstanding section 11 (1 ), development charges for rental housing and
institutional developments in accordance with Section 26.1 of the Act, are
due inclusive of interest established from the date the development charge
would have been payable in accordance with Section 26 of the
Development Charges Act, 1997, in 6 equal annual payments beginning on
the date that is the earlier of:
(a) the date of the issuance of a permit under the Building Code Act,
1992 authorizing occupation of the building; and
(b) the date the building is first occupied.
and continuing on the following five anniversaries of that date.
(8)
Where the development of land results from the approval of a site plan or
zoning by-law amendment application received on or after January 1, 2020,
and the approval of the application occurred within two years of building
permit issuance, the development charges under shall be calculated on the
rates set out in Schedule "B" on the date of the planning application,
including interest. Where both planning applications apply, development
charges under section 11 shall be calculated on the rates in effect on the
day of the later planning application, including interest.
RESERVE FUNDS
12.
(1)
Monies received from payment of development charges shall be maintained
in separate reserve funds for each service to which the development charge
relates.
By-law No. 2023-32
Development Charges
(2)
Monies received for the payment of development charges shall be used only
in accordance with the provisions of Section 35 of the Act.
(3)
Council directs the Municipal Treasurer to divide the reserve fund created
hereunder into separate subaccounts in accordance with the service sub-
categories set out in Schedule "A" to which the development charge
payments shall be credited in accordance with the amounts shown, plus
interest earned thereon.
( 4)
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.
(5)
Where any unpaid development charges are collected as taxes under
subsection (4), the monies so collected shall be credited to the development
charge reserve fund referred to in subsection (1 ).
(6)
The Treasurer of the Municipality shall, in each year commencing in 2023
for the 2022 year, furnish to Council a statement in respect of the reserve
fund established hereunder for the prior year, containing the information set
out in Section 12 of O.Reg. 82/98.
BY-LAW AMENDMENT OR APPEAL
13.
(1)
Where this By-law or any development charge prescribed thereunder is
amended or repealed either by order of the Ontario Land Tribunal or by
resolution of the Municipal Council, the Municipal Treasurer shall calculate
forthwith the amount of any overpayment to be refunded as a result of said
amendment or repeal.
(2)
Refunds that are required to be paid under subsection (1) shall be paid with
interest to be calculated as follows:
(a)
Interest shall be calculated from the date on which the overpayment
was collected to the date on which the refund is paid;
(b)
The Bank of Canada interest rate in effect on the date of enactment
of this By-law shall be used.
(3)
Refunds that are required to be paid under subsection (1) shall include the
interest owed under this section.
BY-LAW INDEXING
14.
The development charges set out in Schedule "B" to this By-law shall be adjusted,
without amendment to this By-law, commencing on January 1, 2024 and annually
By-law No. 2023-32
Development Charges
thereafter in each January while this By-Law is in force in accordance with the most
recent twelve month change in the Statistics Canada Quarterly Construction Price
Statistics.
BY-LAW REGISTRATION
15.
A certified copy of this By-law may be registered on title to any land to which this
By-law applies.
BY-LAW ADMINISTRATION
16.
This By-law shall be administered by the Municipal Treasurer.
SEVERABILITY
17.
In the event any provision, or part thereof, of this By-law is found, by a court of
competent jurisdiction, to be ultra vires, such provision, or part thereof, shall be
deemed to be severed, and the remaining portion of such provision and all other
provisions of the By-law shall remain in full force and effect.
HEADINGS FOR REFERENCE ONLY
18.
The headings inserted in this By-law are for convenience of reference only and
shall not affect the construction or interpretation of this By-law.
SCHEDULES TO THE BY-LAW
19.
The following Schedules to this By-law form an integral part of this By-law:
Schedule A
Schedule B
Schedule C
Schedule.of Municipal Services
Schedule of Development Charges: Township-wide and Area-
Specific Services
Schedule of Lands on which Angus sewer and water charges are
imposed
DATE BY-LAW EFFECTIVE
20.
This By-law shall come into force and effect on date of passage.
SHORT TITLE
21.
This By-law may be cited as the "Township of Essa Uniform Development Charge
By-law, 2023."
By-law No. 2023-32
Development Charges
22.
By-law No. 2018-54 and any amendments made thereto are hereby repealed as
of the date this by-law comes into force and effect.
READ A FIRST, AND TAKEN AS READ A SECOND AND THIRD TIME AND FINALLY
PASSED on this the 21st day of June 2023.
Sandie MacDonald, Mayor
Lisa Lehr, Clerk
SCHEDULE "A"
TO BY-LAW NO. 2023 - 32
DESIGNATED MUNICIPAL SERVICES UNDER THIS BY-LAW
1.
Library Services
2.
Fire Services
3.
Police Services
4.
Parks and Recreation
5.
Services Related to a Highway: Public Works and Fleet
6.
Services Related to a Highway: Roads and Related
7.
Angus Sewer Services
8.
Angus Water Services
SCHEDULE "B"
TO BY-LAW NO. 2023 - 32
By-law No. 2023-32
Development Charges
SCHEDULE OF DEVELOPMENT CHARGES: TOWNSHIP-WIDE AND
AREA-SPECIFIC CHARGES
Residential Charge By Unit Type ( $/unit)
Service
Apartments
Singles &
Rows &Other
Apartments
Bachelor or 1
Semis
Multiples
2+ Bedrooms
Bedroom
Library Services
$167
$147
$98
$72
Fi re Services
$1,701
$1,504
$1,002
$739
Police Services
$55
$48
$32
$24
Parks And Recreation
$5,674
$5,016
$3,344
$2,464
Services Related To A Highway: Public Works And Fleet
$2,143
$1,895
$1,263
$931
Subtotal General Services
$9,740
$8,610
$5,739
$4,230
Services Related To A Highway: Roads And Related
$19,279
$17,046
$11,364
$8,373
Total Township-wide Charge
$29,019
$25,656
$17,103
$12,603
Angus (1)
Township-wide Charge
$29,019
$25,656
$17,103
$12,603
Angus Sewer
$3,776
$3,339
$2,226
$1,640
Angus Water
$4,542
$4,016
$2,677
$1,973
TOTAL CHARGE IN ANGUS
$37,337
$33,011
$22,006
$16,216
(1) Applicable in the area shown on Schedule "C".
Non-
Residential
Charge per
Square Metre
$0.00
$10.73
$0.34
$0.00
$13.53
$24.61
$121.87
$146.48
$146.48
$20.39
$24.53
$191.40
SCHEDULE "C"
TO BY-LAW NO. 2023 - 32
LANDS TO WHICH THE ANGUS SPECIFIC AREA CHARGES APPLY
ANGUS DEVELOPMENT BOUNDARY
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