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THE CORPORATION OF THE TOWNSHIP OF
FRONTENAC ISLANDS
BY-LAW NUMBER 2021 - 20
A by-law to establish development charges for the Corporation of the Township of
Frontenac Islands
WHEREAS subsection 2(1) of the Development Charges Act, 1997 c. 27, as amended
(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 Township of Frontenac Islands ("Township of Frontenac
Islands") 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 in accordance with the Act, a report entitled "Township of Frontenac Islands
2021 Development Charges Background Study" dated May 31, 2021 prepared by Watson &
Associates Economists Ltd. (the "Background Study"), has been completed;
AND WHEREAS in accordance with the Act, the Background Study, has been posted on the
Township's website at least 60 days prior to the passage of this by-law;
AND WHEREAS the Council of the Township of Frontenac Islands has considered the
Background Study, has considered all written submissions, and has heard all persons who
applied to be heard no matter whether in objection to, or in support of, the development charge
proposal at public meeting held on June 28, 2021;
AND WHEREAS the Council of the Township of Frontenac Islands has determined that a
further public meeting is not necessary pursuant to subsection 12(3) of the Act.
NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF FRONTENAC ISLANDS
ENACTS AS FOLLOWS:
DEFINITIONS
1. In this by-law,
(1) "Accessory building or structure" shall mean a detached building or structure that
is not used for human habitation and the use of which is customarily incidental
and subordinate to a principal use, building or structure and is located on the
same lot therewith;
(2) "Accessory use" shall mean a use customarily incidental and subordinate to, and
exclusively devoted to the principal or main use of the lot, building or structure
and located on the same lot as such principal or main use.
(3) "Act" means the Development Charges Act, S.O. 1997, c. 27.
(4) "Administration Studies" means any and all studies carried out by the Municipality
which are with respect to eligible services for which a development charge by-law
'may be imposed under the Development Charges Act, 1997.
(5) "Apartment dwelling" means any dwelling unit within a building containing three
or more dwelling units where the units are connected by an interior corridor.
(6) "Agricultural use" means the use of land and/or buildings for the cultivation or
foraging of crops, livestock or poultry production, raising or training of horses,
and orchards, market gardening, maple sugar bushes, tobacco crops or other
forms of specialized crop production.
(7) "Bedroom" means a habitable room larger than seven square metres, including a
den, study, or other similar area, but does not include a living room, dining room
or kitchen.
(8) "Board of Education" means a board defined in s.s. 1(1) of the Education Act.
(9) "Bona fide farm operation" means the proposed development is for agricultural
use where the yearly income from the agricultural use is substantial and the
owner holds a valid Farm Business Registration Number issued by the Ontario
Ministry of Agriculture, Food and Rural Affairs. For purposes of determining bona
fide farm uses reference may be made to the owner's membership in a legitimate
farm organization.
(10) "Building Code Act" means the Building Code Act, 1992, S.O. 1992, c.23.
(11) "Capital cost" means costs incurred or proposed to be incurred by the
Municipality or a local board thereof directly or by others on behalf of, and as
authorized by, the Municipality or local board,
(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, lease, construct or improve facilities including,
(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.P.-44; 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.
(12) "Council" means the Council of the Corporation of the Township of Frontenac
Islands.
(13) "Designated area" means the areas described in Section 2 of this by-law, within
which development charges are imposed;
(14) "Development" means any activity or proposed activity in respect of land that
requires one or more of the actions referred to in section 7 of this by-law and
including the redevelopment of land or the redevelopment, expansion, extension
or alteration of a use, building or structure except interior alterations to an
existing building or structure which do not change or intensify the use of land.
(15) "Development charge" means a charge imposed pursuant to this By-law.
(16) "Duplex dwelling" means a residential building that is divided horizontally into two
dwelling units.
(17) "Dwelling unit" means a suite operated as a housekeeping unit, used or intended
to be used as a domicile by 1 or more persons and usually containing cooking,
eating, living, sleeping and sanitary facilities, and includes:
(a) a park model home;
(b) a bedroom in a students' or seniors' residence;
(c) a building, or portion of a building, used for residential purposes as set
out in Subsection 34.
(18) "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.
(19) "Grade" means the average level of finished ground adjoining a building or
structure at all exterior walls.
(20) "Gross floor area" means the total area of all building floors above or below grade
measured between the outside surfaces of the exterior walls, or in the case of a
mixed use building or structure, 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:
(a) 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;
(b) loading facilities above or below grade; and
(c) a part of the building or structure below grade that is used for the parking
of motor vehicles or for storage or other accessory use;
(21) "Industrial use" 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 or an agricultural use.
(22) "Local Board" means 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.
(23) "Local services" means those services or facilities which are under the
jurisdiction of the Municipality and are related to a plan of subdivision or within
the area to which the plan relates, required as a condition of approval under s.51
of the Planning Act, or as a condition of approval under s.53 of the Planning Act.
(24) "Mixed use" means a building, structure or development with portions which are
to be used for residential development and other portions which are to be used
for non-residential development;
(25) "Multiple dwelling' means all dwellings other than single detached dwellings,
semi-detached dwellings, duplex dwellings, apartment dwellings and special care
dwelling units;
(26) "Municipality" means the Corporation of the Township of Frontenac Islands;
(27) "Non-residential use" means a building or structure used for other than a
residential use;
(28) "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.
(29) "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.
(30) "Planning Act" means the Planning Act, R.S.O. 1990, c.P.-13, as amended.
(31) "Regulation" means any regulation made pursuant to the Act.
(32) "Residential use" means lands, buildings or structures or portions thereof used,
or designed or intended to be used as a home or residence of one or more
individuals who reside or dwell there permanently or for a considerable period of
time, and includes a single detached dwelling, a semi-detached dwelling, a
multiple dwelling, a duplex dwelling, an apartment dwelling, special care dwelling
units, and the residential portion of a mixed-use building or structure, but does
not include a place of worship, student residence, military barracks, hotel, motel,
or bed and breakfast where individuals typically stay for less than one week;
(33) "Semi-detached dwelling" means a building divided vertically into two dwelling
units each of which has a separate entrance and access to grade;
(34) "Seniors residence" means non-profit corporations having as the principal
objections of incorporation as being a service provider, whose services are
regulated by the Long Term Care Act
(35) "Services" means services set out in Schedule "A" to this By-law;
(36) "Single detached dwelling" means a completely detached building containing only
one dwelling unit;
(37) "Temporary Use Building" means a residential building constructed or placed
upon lands which is demolished or removed from the lands within the time limit
set forth in the temporary use agreement.
DESIGNATED AREAS
2. (1) The designated areas within which development charges are imposed and to
which this development charge by-law applies, in accordance with the provisions
of this by-law are the areas of Howe Island and Wolfe Island.
(2) The area of Howe Island referred to in this by-law shall mean all lands within the
geographic limits of Howe Island.
(3) The area of Wolfe Island referred to in this by-law shall mean ali lands within the
geographic limits of Wolfe Island.
CALCULATION OF DEVELOPMENT CHARGES
3. (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
Schedules "B-1"and "B-2", which relate to the services set out in Schedule "A".
(2) The development charge with respect to the use of any land, buildings or
structures shall be calculated as follows:
(a) in the case of residential development or redevelopment, or the
residential portion of a mixed-use development or redevelopment, the
sum of the product of the number of dwelling units of each type multiplied
by the corresponding total amount for such dwelling unit type, as set out
in Schedules "B-1" and "B-2";
(b) in the case of non-residential development or redevelopment, or the non-
residential portion of a mixed-use development or redevelopment, the
product of the gross floor area of such development multiplied by the
corresponding total amount for such gross floor area, as set out in
Schedules "B-1" and "B-2";
(3) Council hereby determines that the development or redevelopment of land,
buildings or structures for residential and non-residential uses will require the
provision, enlargement or expansion of the services referenced in Schedule "A".
APPLICABLE LANDS
4. (1) Subject to subsection (2) and Sections 5 and 6, charges payable under
Schedules "B-1"and "B-2" of this by-law apply to all lands in the designated areas
of the Municipality, whether or not the land or use is exempt from taxation under
Section 3 of the Assessment Act, R.S.O. 1990, c.A.-31.
(2) This by-law shail 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;
(c) land owned by and used for the purposes of a health care centre,
university or cemetery
(d) a place of worship classified as exempt from taxation under Section 3 of
the Assessment Act:
(e) hospitals under the Public Hospitals Act,
(f) a non-residential farm building;
(g) a senior's residence;
(h) development creating or adding an accessory use or structure not
exceeding ten square metres of non-residential floor area; and
(i) a temporary use building.
RULES WITH RESPECT TO EXEMPTIONS FOR INTENSIFICATION OF EXISTING
HOUSING
5. (1) Notwithstanding Section 4 above, no development charge shall be imposed with
respect to developments or portions of developments as follows:
(a) the enlargement of an existing dwelling unit;
(b) the creation of one or two additional dwelling units in an existing single
detached dwelling where the total gross floor area of the additional unit(s)
does not exceed the gross floor area of the existing dwelling unit;
(c) the creation of one additional dwelling unit in any other existing residential
building provided the gross floor area of the additional unit does not
exceed the smallest existing dwelling unit already in the building.
(2) Notwithstanding subsection 5(1)(b), development charges shall be calculated
and collected in accordance with Schedules "B-1"and "B-2" where the total
residential gross floor area of the additional one or two dwelling units is greater
than the total gross floor area of the existing single detached dwelling unit.
(3) Notwithstanding subsection 5(1)(c), development charges shall be calculated and
collected in accordance with Schedules "B-1"and "B-2" where the additional
dwelling unit has a residential gross floor area greater than,
(a) in the case of semi-detached house or multiple dwelling, the gross floor
area of the existing dwelling unit, and
(b) in the case of any other residential building, the residential gross floor
area of the smallest existing dwelling unit.
RULES WITH RESPECT TO AN "INDUSTRIAL" EXPANSION EXEMPTION
6. (1) Notwithstanding Section 4, if a development includes the enlargement of the
gross floor area of an existing industrial building, the amount of the development
charge that is payable is the following:
(a) if the gross floor area is enlarged by 50 percent or less, the amount of the
development charge in respect of the enlargement is zero; or
(b) if the gross floor area is enlarged by more than 50 percent, development
charges are payable on the amount by which the enlargement exceeds
50 percent of the gross floor area before the enlargement.
(2) For the purpose of this section, 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.
(3) In this section, for greater certainty in applying the exemption herein:
(a) the gross floor area of an existing industrial building is enlarged where
there is a bona fide physical and functional increase in the size of the
existing industrial building.
RULES WITH RESPECT TO TEMPORARY BUILDINGS
7. (1) The Municipality may exempt a temporary building from the charges payable
under the by-law where and application for exemption for the proposed
temporary building has been approved by the Treasurer of the Municipality
subject to the following conditions:
(a) That the status of the building as a temporary building or structure is
maintained in accordance with the provisions of this by-law;
(b) In the event that a temporary building is deemed by the Municipality to no
longer be temporary, the development charges shall become immediately
payable and shall be calculated in accordance with Schedule "B-1" and
Schedule "B-2" of the by-law as of the date that the building is deemed to
no longer be temporary.
DEVELOPMENT CHARGES IMPOSED
8. (1) Subject to subsection (2), development charges shall be calculated and collected
in accordance with the provisions of this by-law and be imposed on land to be
developed for residential and non-residential use, where, the development
requires,
(a) the passing of a zoning by-law or an amendment thereto under Section
34 of the Planning Act,
(b) the approval of a minor variance under Section 45 of the Planning Act;
(c) a conveyance of land to which a by-law passed under subsection 50(7) of
the Planning Act applies;
(d) the approval of a plan of subdivision under Section 51 of the Planning
Act;
(e) a consent under Section 53 of the Planning Act;
(f) the approval of a description under Section 50 of the Condominium Act,
R.S.O. 1990, c.C.-26; or
(g) the issuing of a permit under the Building Code Act, in relation to a
building or structure.
(2) Subsection (1) shall not apply in respect to:
(a) local services installed or paid for by the owner within a plan of
subdivision or within the area to which the plan relates, as a condition of
approval under Section 51 of the Planning Act;
(b) local services installed or paid for by the owner as a condition of approval
under Section 53 of the Planning Act.
LOCAL SERVICE INSTALLATION
9. Nothing in this by-law prevents Council from requiring, as a condition of an agreement
under Section 51 or 53 of the Planning Act, that the owner, at his or her own expense,
shall install or pay for such local services, within the Plan of Subdivision or within the
area to which the plan relates, as Council may require.
MULTIPLE CHARGES
10. (1) Where two or more of the actions described in subsection 8(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 8(1) occur at different times, and if the subsequent action has the
effect of increasing the need for municipal services as set out in Schedule "A", an
additional development charge on the additional residential units and non-
residential gross floor area shall be calculated and collected in accordance with
the provisions of this by-law.
SERVICES IN LIEU
11. (1) Council may authorize an owner, through an agreement under Section 38 of the
Act, to substitute such part of the development charge applicable to the owner's
development as may be specified in the agreement, by the provision at the sole
expense of the owner, of services in lieu. Such agreement shall further specify
that where the owner provides services in lieu in accordance with the agreement,
Council shall give to the owner a credit against the development charge in
accordance with the agreement provisions and the provisions of Section 39 of
the Act, equal to the reasonable cost to the owner of providing the services in
lieu. In no case shall the agreement provide for a credit that exceeds the total
development charge payable by an owner to the Municipality in respect of the
development to which the agreement relates.
(2) In any agreement under subsection (1), Council may also give a further credit to
the owner equal to the reasonable cost of providing services in addition to, or of a
greater size or capacity, than would be required under this by-law.
(3) The credit provided for in subsection (2) shall not be charged to any development
charge reserve fund.
RULES WITH RESPECT TO REDEVELOPMENT
12. 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 five 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:
(1) 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 as set
out in Schedules "B-1", "B-2", by the number, according to type, of dwelling units
that have been or will be demolished or converted to another principal use; and
(2) 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 as set out in Schedules "B-1"and "B-2", by the gross floor area that has
been or will be demolished or converted to another principal use.
(3) Notwithstanding (2) above, for an industrial use the reduction shall be calculated
by multiplying the "Non-residential" development charges as set out in Schedules
"B-1'and B-2", by the gross floor area that has been or will be demolished or
converted to another principal use.
(4) A credit shall not exceed the amount of the development charge that would
otherwise be payable, and no existing land use that is exempt under this by-law
shall be eligible for a credit within 5 years of the date that an Occupancy Permit
was issued for the gross floor area that has been or will be demolished or
converted to another principal use.
TIMING OF CALCULATION AND PAYMENT
13. (1) Development charges shall be calculated, payable and collected 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) Where development charges apply to land in relation to which a building permit is
required, the building permit shall not be issued until the development charge has
been paid in full.
(3) lf development charges are paid and the applicable building permit is cancelled
or revoked before construction begins, the development charges will be refunded
to the registered owner of the land.
(4) 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.
RESERVE FUNDS
14. (1) Monies received from payment of development charges under this by-law shall
be maintained in four separate reserve funds for each of Howe Island and Wolfe
Island services as follows: transportation and ferry, fire protection, parks and
recreation and library, and administration studies.
(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 funds 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
funds referred to in subsection (1).
(6) The Treasurer of the Municipality shall, in each year commencing in 2017 for the
2016 year, furnish to Council a statement in respect of the reserve funds
established hereunder for the prior year, containing the information set out in
Section 12 of O.Reg. 82/98.
BY-LAW AMENDMENT OR APPEAL
15. (1) Where this by-law or any development charge prescribed there under is
amended or repealed by order of the Ontario Municipal Board 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 to the
registered owner of the land on the date on which the refund is paid.
(3) 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 day on which the refund is paid;
(b) + the refund shall include the interest owed under this section;
(c) interest shall be paid at the Bank of Canada rate in effect on the date of
enactment of this by-law.
BY-LAW INDEXING
16. The development charges imposed pursuant to this by-law shall be adjusted without
amendment to this by-law commencing on the 1% day of January, 2022 and annually
thereafter on the 1° day of January, in accordance with the most recent twelve month
change in the Statistics Canada Quarterly, Non-Residential Building Construction Price
Index (CANSIM Table 327-0043).
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 this by-
law shall remain in full force and effect.
HEADINGS FOR REFERENCE ONLY
18. The headings inserted in this by-law are for convenience of reference only and shall not
affect the construction of or interpretation of this by-law.
BY-LAW REGISTRATION
19. A certified copy of this by-law may be registered on title to any land to which this by-law
applies.
BY-LAW ADMINISTRATION
20. This by-law shall be administered by the Municipal Treasurer.
SCHEDULES TO THE BY-LAW
21. The following Schedules to this by-law form an integral part of this by-law:
Schedule "A" - Designated Municipal Services
Schedule "B-1" - Schedule of Howe Island Development Charges
Schedule "B-2" - Schedule of Wolfe Island Development Charges
DATE BY-LAW EFFECTIVE
22. This By-law shall come into force and effect at 12:01 AM on August 5, 2021.
DATE BY-LAW EXPIRES
23. This By-law will expire five years from the date of passage, unless it is repealed at an
earlier date.
SHORT TITLE
24. This by-law may be cited as the "Township of Frontenac Islands Development Charge
By-law, 2021."
Read a first time this 4"° day of August, 2021.
Read a second time this 4" day of August, 2021.
Read a third time and finally passed this 4" day of August, 2021.
Denis Doyle MAYOR
Darlene Plumley C.A.0./CLERK
SCHEDULE "A" TO BY-LAW NUMBER 2021 - 20
DESIGNATED MUNICIPAL SERVICES UNDER THIS BY-LAW
1. Transportation Services
2. Fire Protection Services
3. Ferry Services
4. Parks and Recreation Service
5. Library Service
6. Administration Services
SCHEDULE "B-1" TO BY-LAW NUMBER 2021-20
Effective August 5, 2021
SCHEDULE OF HOWE ISLAND DEVELOPMENT CHARGES
RESIDENTIAL NON-RESIDENTIAL
Single and Semi- aetna "2 ter | Apartment
Service Detached Dwelling oms and greater | Aparimen's-! Other (per ft? of Gross
of 3 bedrooms and and Single and Semi- |Bachelor and Multiples Floor Area)
Detached Dwelling of 2 | 1 Bedroom
greater
bedrooms and less
Howe Island Services:
Transportation Services 2,432 1,521 1,052 1,928
Fire Protection Serices 3,308 2,069 1,431 2,622
Ferries - - - -
Parks and Recreation Services - - - -
Library Senices - - - -
Administration Studies 260 163 113 208
Total Howe Island Services 6,000 3,753| 2,596 | 4756; 0s
SCHEDULE "B-2" TO BY-LAW NUMBER 2021-20
Effective August 5, 2021
SCHEDULE OF WOLFE ISLAND EVELOPMENT CHARGES
. : Apartments - 2
Single and Semi-
Service Detached Dwelling| Bedrooms and greater | Apartments-| gu, (per ff? of Gross
and Single and Semi- |Bachelor and .
of 3 bedrooms and : Multiples Floor Area)
Detached Dwelling of 2 | 1 Bedroom
greater
bedrooms and less
Wolfe Island Services:
Transportation Senices 5,397 3,376 2,335 4,278 2.50
Fire Protection Senices - - - - -
Ferries - - - - -
Parks and Recreation Services 317 198 137 251 -
Library Sernices - - - - -
Administration Studies 286 179 124 227 -
TotalWolfe IslandServices | 6000) --~S~--~w |S] re] 8