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THE CORPORATION OF THE TOWN OF GANANOQUE
BY-LAW NO. 2021-070
BEING A BY-LAW TO ESTABLISH A DEVELOPMENT CHARGE
BY-LAW
WHEREAS Section 2(1) of the Development Charges Act, 1997, S.O. 1997, c. 27
(hereinafter called the Act) enables the Council of a municipality to pass by-laws for the
imposition of development charges against land located in the municipality for increased
Capital Costs required because of the increased need for services arising from
development in the area to which the by-law applies;
AND WHEREAS the Council of the Town of Gananoque, at its meeting held on October
20, 2020, approved a report entitled Town of Gananoque 2020 Development Charges
Background Study;
AND WHEREAS the Council has given Notice in accordance with Section 12 of the
Development Charges Act, 1997 of its development charges proposal and held a public
meeting on February 16, 2021;
AND WHEREAS the Council has heard all persons who applied to be heard in objection
to, or in support of, the Development Charges proposal at such public meeting and
provided a subsequent period for written communications to be made;
AND WHEREAS the Council of the Town of Gananoque received Council Report PD-
2021-07, and passed Motion #20-063, to receive and adopt the Town of Gananoque
Development Charges Background Study and, directed that development charges be
imposed on land under development or redevelopment within the geographical limits of
the municipality as hereinafter provided;
AND WHEREAS the Council of the Town of Gananoque received Council Report-PD-
2021-10, and concurs with the staff recommendation to establish a Development
Charges By-law;
AND WHEREAS the Council of the Corporation of the Town of Gananoque deems it
appropriate to pass this By-law.
NOW THEREFORE the Council of the Corporation of the Town of Gananoque enacts
as follows:
1. DEFINITIONS:
In this By-law
1.1
"Accessory" means when used to describe a use, Building, or structure, that
the use, Building, or structure is naturally or normally incidental, subordinate,
and exclusively devoted to a min use, Building, or structure located on the
same lot therewith.
1.2
"Act" means the Development Charges Act, 1997, S.O. 1997, c. 27, as
amended.
1.3
"Agricultural Use" means lands, Buildings, or structures, excluding any
portion thereof used as a Dwelling Unit or for a Commercial Use, used or
designed or intended for use for the purpose of a bona fide farming operation
including, but not limited to, animal husbandry, dairying, livestock, fallow, field
crops, removal of sod, forestry, fruit farming , greenhouses, horticulture,
market gardening, pasturage, poultry keeping, and equestrian facilities.
Town of Gananoque By-law No. 2021-070
Page 1 of 11
1.4
"Apartment Dwelling" means a dwelling consisting of four (4) or more
Dwelling Units, which units have a common entrance from street level and
common halls and /or stairs, elevators, and yards.
1.5
"Bedroom" means any room used or designed or intended for use as
sleeping quarters including but not limited to, a den, a study, a family room,
or other similar use.
1.6
"Building" means a structure having a roof supported by columns or walls or
directly on the foundation and used for the shelter and accommodation of
persons, animals, or goods and without limiting the foregoing, includes
Buildings as defined the Building Code Act.
1. 7
"Capital Costs" means costs incurred or proposed to be incurred by the
municipality or a local board thereof directly or under an Agreement:
a)
To acquire land or an interest in land;
b)
To improve land;
c)
To acquire, construct or improve Buildings and structures;
d)
To acquire, construct or improve facilities including:
(i)
Rolling stock, furniture and equipment with an estimated useful
life of seven (7) years or more.
(ii)
Materials acquired for circulation, reference or information
purposes by a Library Board as defined in the Public Libraries
Act, 1984, S. 0, 1984, c. 57.
(iii)
Furniture and equipment, other than computer equipment.
e)
To undertake studies in connection with any matter under the Act and
any of the matters in clauses (a) to (d), 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), (b), (c) and (d) that are growth-related.
1.8
"Commercial" means any use permitted in a Commercial Zone other than a
Residential Use as described by the Development Permit By-law of the
municipality and any amendments thereto.
1.9
"Council" means the Council of the Corporation of the Town of Gananoque.
1.10
"Development" includes redevelopment.
1.11
"Development Charge" means a charge imposed pursuant to this By-law
adjusted in accordance with Section 13.
1.12 "Dwelling Unit" means a room or group of rooms in a dwelling used or
intended to be used as a single independent and separate housekeeping unit
containing a kitchen and sanitary facilities for its exclusive use, and has a
private entrance from outside the dwelling or from a common hallway or
stairway inside the dwelling, but does not include a room or suite of rooms in
a hotel or motel.
1.13 "Existing" means existing as of the date of the passing of this By-law.
1.14 "Grade" means the average level of finished ground adjoining a Building at
all exterior walls.
1.15
"Gross Floor Area" means the total floor area, measured between the
outside or exterior walls or between the outside of exterior walls and the
centre line of party walls dividing the Building from another Building, of all
floors above the average level of fished ground adjoining the Building at its
exterior walls, but shall not include area within an air supported structure.
Town of Gananoque By-law No. 2021-070
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1.16
"Hospital" means land, Buildings, or structures used, or designed or
intended for use as defined in the Public Hospitals Act, R.S.O. 1990, c. P.40,
as amended.
1.17 "Industrial" means any Building used for or in connection with:
a)
Manufacturing, producing, processing, storing, or distributing
something and includes a greenhouse;
b)
Research or development in connection with manufacturing,
producing, or processing something;
c)
Retail sales by a manufacturer, producer or processor of something
manufactured, produced or processed, if the retail sales are at the site
where the manufacturing, production, or processing takes place, and;
d)
Office for administrative purposes, if carried out with respect to
manufacturing, producing, processing, storage, or distribution and in or
attached to the Building or structure used for that manufacturing,
producing, storage, or distribution.
1.18 "Institutional" means 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
Long-Term Care Homes Act, 2007;
b)
as a retirement home within the meaning of subsection 2 (1) of the
Retirement Homes Act, 201 O;
c)
by any of the following post-secondary institutions for the objects of the
institution:
(i)
a university in Ontario that receives direct, regular and ongoing
operating 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 Institutes 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.
1.19
"Non-Profit Housing Development" means Development of a Building or
structure intended for use as residential premises by:
a)
A corporation without share capital to which the Corporations Act
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.
1.20 "Non-Residential Use" means land, Buildings, or structures or portions
thereof used, or designed or intended for a use other than a Residential Use.
1.21
"Other Multiple" means any residential dwelling which is not a Single-
Detached Dwelling, a Semi-Detached Dwelling, or an Apartment Dwelling.
1.22 "Place of Worship" means that part of a Building or structure used for
worship and that is exempt from taxation as a Place of Worship under the
Assessment Act, R.S.O. 1990, c. A.31, as amended.
1.23 "Rental Housing" means Development of a Building or structure with four (4)
or more Dwelling Units all of which are intended for use as rented residential
premises.
Town of Gananoque By-law No. 2021-070
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1.24 "Residential Use" means land or Buildings or structures or part thereof of
any kind whatsoever used, designed or intended to be used as a residence
for one (1) or more individuals but does not include a hotel or motel.
1.25 "Semi-Detached Dwelling" means the whole of a dwelling divided vertically
both above grade and below grade into two (2) separate Dwelling Units.
1.26 "Single-Detached Dwelling" means a dwelling containing only a Dwelling
Unit, or a Dwelling Unit and an Accessory apartment, and not attached to
another structure.
2.
SCHEDULE OF DEVELOPMENT CHARGES:
2.1
Subject to the provisions of this By-law, Development Charges against land
shall be calculated and collected in accordance with the base rates set out in
Schedule 'B', which relate to the services set out in Schedule 'A'.
2.2
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 the residential portions of
a mixed-use Development, based upon the number and type of
Dwelling Units.
b)
In the case of non-residential, or the non-residential portion of a
mixed-use Development, based upon the Gross Floor Area of such
Development.
2.3
Council hereby determine that the Development of land, buildings or
structures for Residential or non-Residential Uses will require the provision,
enlargement, expansion, or improvement of the services referenced in
Schedule 'B'.
3.
APPLICABLE LANDS:
3.1
Subject to Section 6, this By-law applies to all lands in the Town of
Gananoque, whether or not the land or use is exempt from taxation under
Section 3 of the Assessment Act, 1990, c.A..31.
3.2
Notwithstanding the provisions of this By-law, Development Charges shall
not be imposed with respect to land that is owned by and used for purposes
of:
a)
b)
Town of Gananoque, or any local board thereof; and
A board of education as defined in subsection 1(1) of the Education
Act.
4.
APPLICATION OF CHARGES:
4.1
Development Charges shall be imposed on all lands, Buildings, or structures
that are developed for Residential or Non-Residential Uses if 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.
4.2
Subsection (1) shall not apply in respect of local services as described in
s.s.59(2) (a) and (b) of the Act;
Town of Gananoque By-law No. 2021-070
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5.
MULTIPLE CHARGES:
5.1
Where two (2) or more of the actions described in Section 4(1) are required
before land to which a Development Charge applies can be developed, only
one (1) Development Charge shall be calculated and collected in accordance
with the provisions of this By-law.
5.2
Notwithstanding Subsection (1 ), if two (2) or more of the actions described in
Section 4(1) occur at different times, and if the subsequent action has the
effect of increasing the need for Municipal Services as designated in
Schedule 'A', an additional Development Charge on the additional
Residential Units and/or Non-Residential Gross Floor Area shall be
calculated and collected in accordance with the provisions of this By-law.
6.
EXEMPTIONS:
6.1
Notwithstanding the provisions of this By-law, Development Charges shall
not be imposed with respect to that category of exempt Development
described in s.s. 2(3) of the Act, and s.s. 2(1) of O.Reg. 82/98, namely:
a)
The enlargement of an existing Dwelling Unit;
b)
The creation of one (1) or two (2) additional Dwelling Units in an existing
Single-Detached Dwelling, or structure ancillary to a Single-Detached
Dwelling, provided the total Gross Floor Area of the additional one (1) or
two (2) units does not exceed the Gross Floor Area of the existing Dwelling
Unit;
c)
The creation of one (1) additional Dwelling Unit in an existing Semi-
Detached or Row Dwelling, or structure ancillary to a Semi-Detached or
Row Dwelling, provided the total Gross Floor Area of the additional one (1)
unit does not exceed the Gross Floor Area of the existing Dwelling Unit;
d)
The creation of the greater of one (1) additional Dwelling Unit or 1 % of the
existing Dwelling Units in the building of an existing rental residential
Building, or structure ancillary to an existing rental residential Building, or;
e)
The creation of one (1) additional Dwelling Unit in any other type of existing
residential Building, or structure ancillary to any other type of existing
residential Building, provided that the total Gross Floor Area of the
additional one (1) unit does not exceed the Gross Floor Area of the
smallest Dwelling Unit already contained in the residential Building.
6.2
Notwithstanding the provisions of this By-law, Development Charges shall
not be imposed with respect to that category of exempt Development
described in s.s. 2(3.1) of the Act, and s.s. 2(3) of O.Reg. 82/98, subject to
the following restrictions:
Item
1.
Name of Class of
Description of Class of
Proposed New
Proposed New
Residential Buildings
Residential Buildings
Proposed New
Proposed new residential
Detached Dwellings
Buildings that would not be
attached to other Buildings
and that are permitted to
contain a second Dwelling
Unit, that being either of
the two (2) Dwelling Units,
if the units have the same
Gross Floor Area, or the
smaller of the
Dwelling Units.
Town of Gananoque By-law No. 2021-070
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Restrictions
The proposed new
detached dwelling
must only contain
two (2) Dwelling
Units.
The proposed new
detached dwelling must
be located on a parcel
of land on which no
other detached
dwelling, Semi-
Detached Dwelling or
Row Dwelling would be
located.
Item
Name of Class of
Description of Class of
Restrictions
Proposed New
Proposed New
Residential Buildings
Residential Buildings
2. Proposed New Semi-
Proposed new residential
The proposed new
Detached Dwellings or
Buildings that would have
Semi-Detached Dwelling
Row Dwellings
one or two (2) vertical
or Row Dwelling must
walls, but no other parts,
only contain two (2)
attached to other Buildings
Dwelling Units.
and that are permitted to
contain a second Dwelling
The proposed new
Unit, that being either of
Semi-Detached Dwelling
the two (2) Dwelling Units,
or Row Dwelling must be
if the units have the same
located on a parcel of
Gross Floor Area, or the
land on which no other
smaller of the
detached dwelling,
Dwelling Units.
Semi- Detached
Dwelling or Row
Dwelling would be
located.
3.
Proposed New
Proposed new residential
The proposed new
Residential Buildings
Buildings that would be
Detached Dwelling,
that would be Ancillary
ancillary to a proposed
Semi-Detached Dwelling
to a Proposed New
new Detached Dwelling,
or Row Dwelling, to
Detached Dwelling,
Semi-Detached Dwelling
which the proposed new
Semi-Detached
or Row Dwelling and that
residential Building
Dwelling or Row
are permitted to contain a
would be ancillary, must
Dwelling
single Dwelling Unit.
only contain one (1)
Dwelling Unit.
The Gross Floor Area of
the Dwelling Unit in the
proposed new
residential Building must
be equal to or less than
the Gross Floor Area of
the Detached Dwelling,
Semi-Detached Dwelling
or Row Dwelling to
which the proposed
new residential building
is ancillary.
6.3
Notwithstanding the provisions of this By-law, Development Charges shall
not be imposed with respect to that category of exempt Development
described in in s.4 of the Act, and s.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 under the Act, and;
c)
Notwithstanding subsection (a), if the Gross Floor Area is enlarged by
more than 50 per cent, Development Charges shall apply to that
portion over the 50 per cent, and shall be payable and collected and
the amount payable shall be calculated in accordance with s.4(3) of the
Act.
Town of Gananoque By-law No. 2021-070
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7.
TIMING OF CALCULATION AND PAYMENT:
7.1
Development Charges are due and payable in full to the Corporation of the
Town of Gananoque on the date a Building Permit is issued for any land,
Buildings, or structures affected by the applicable Development Charge and
a Building Permit with respect to a Building or structure shall be withheld
where the applicable Development Charge has not been paid pursuant to
Section 28 of the Act.
7.2
Notwithstanding Subsection 7.1, Development Charges for Rental Housing
and institutional Developments are due and payable in six (6) installments
commencing with the first installment payable on the date of occupancy, and
each subsequent installment, including interest, payable on the anniversary
date each year thereafter.
7.3
Notwithstanding Subsection 7.1 , Development Charges for non-profit housing
Developments are due and payable in twenty-one (21) installments
commencing with the first installment payable on the date of occupancy, and
each subsequent installment, including interest, payable on the anniversary
date each year thereafter.
7.4
Despite subsections 7.2 to 7.4, 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.
7.5
Interest for the purposes of subsections 7.2 to 7.4 shall be determined as the
Bank of Canada Prime Lending Rate on the date of Building Permit issuance.
Notwithstanding the foregoing, the interest rate shall not be less than 0%.
7.6
If the Development Charge or any part thereof imposed by the Town of
Gananoque remains unpaid after the due date, in the absence of an
Agreement to address the amount unpaid amount per article 2.6.1 (a) or
Subsection (2), then the amount unpaid shall be added to the Tax Roll as
taxes, as prescribed by in Section 32 of the Act.
8.
SERVICE STANDARDS:
8.1
The approved Service Standards for the Town of Gananoque are those
contained in the Development Charges Background Study.
9.
SERVICES IN LIEU:
9.1
Council may authorize an Owner, through an Agreement under Section 38 of
the Act, to substitute the whole or such part of the Development Charge
applicable to the Owner's Development as may be specified in an 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 otherwise applicable to the
Development, equal to the reasonable cost to the Owner of providing the
services in lieu, provided such credit shall not exceed the total Development
Charge payable by an Owner to the municipality.
10. DEVELOPMENT CHARGE CREDITS:
10.1
Where residential space is being converted to non-residential space, the
Development Charge equivalent that would have been payable on the
residential space shall be deducted from the charge calculated on the non-
residential space being added.
Town of Gananoque By-law No. 2021-070
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10.2 Where non-residential space is being converted to residential space, the
Development Charge equivalent that would have been payable on the non-
residential space shall be deducted from the charge calculated on the
residential units being added.
10.3 An owner who has obtained a Demolition Permit and demolished existing
Dwelling Units or a non-residential Building or structure in accordance with
the provisions of the Building Code Act shall not be subject to the
Development Charge with respect to the Development being replaced,
provided that the Building Permit for the replacement residential units or non-
residential Building or structure is issued not more than two (2) years after
the date of issuance of the Demolition Permit and provided that any Dwelling
Units or non-residential Gross Floor Area created in excess of what was
demolished shall be subject to the Development Charge imposed under this
By-law.
10.4 No redevelopment credit shall be made in excess of the Development
Charge payable for a redevelopment.
11. BY-LAW REGISTRATION:
11.1
A certified copy of this By-law may be Registered on Title to any land to
which this By-law applies.
12. RESERVE FUNDS:
12.1
Monies received from payment of Development Charges shall be maintained
in a separate reserve fund, and shall be used only to meet the growth-related
net Capital Costs for which the Development Charge was levied under this
By-law.
12.2
Council directs the Treasurer to divide the reserve fund(s) created hereunder
into the separate subaccounts in accordance with the service 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.
12.3 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.
12.4 Where any unpaid Development Charges are collected as taxes under
Subsection (3), the monies so collected shall be credited to the Development
Charge Reserve Fund or funds referred to in Subsection\1).
12.5 The Treasurer is hereby directed to prepare an Annual Financial Statement
for the Development Charges Reserve Fund, as prescribed under Section 12
of Ontario Regulation 82/98, and to submit the statement for Council's
consideration and within sixty (60) days thereafter, to submit such statement
to the Minister of Municipal Affairs and Housing (MMAH).
13. BY-LAW AMENDMENT OR REPEAL:
13.1
Where this By-law or any Development Charge prescribed thereunder is
amended or repealed by order of the Local Planning Appeals Tribunal
(LPAT) or by resolution of the Council, the Treasurer shall calculate forthwith
the amount of any overpayment to be refunded as a result of said
amendment or repeal.
13.2 Refunds that are required to be paid under Subsection (13.1) shall be paid to
the Registered Owner of the land on the date on which the refund is paid.
Town of Gananoque By-law No. 2021-070
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13.3 Refunds that are required to be paid under Subsection (13.1) 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)
Interest shall be paid at the Bank of Canada rate in effect on the date of
enactment of this By-law.
14. DEVELOPMENT CHARGE SCHEDULE INDEXING:
14.1
The Development Charges referred to in Schedule 'B' shall be adjusted
annually, without amendment to this By-law, on January 1st of each year, in
accordance with s.7 of 0. Reg. 82/98.
15. BY-LAW ADMINISTRATION:
15.1 This By-law shall be administered by the Treasurer.
16. SCHEDULES TO THE BY-LAW:
16.1
Attached to and forming an integral part of this By-law are the following
Schedules, marked as:
Schedule 'A' - Designated Municipal Services Under this By-law
Schedule 'B' - Schedule of Development Charges
17. SEVERABILITY:
17.1
If, for any reason, any provision, section, subsection, or paragraph of this
By-law is held to be invalid, it is hereby declared to be the intention of Council
that all of the remainder of this By-law shall continue in full force and effect
until repealed, re-enacted, or amended, in whole or in part or dealt with in
any other way.
18. SHORT-TITLE:
18.1
This By-law may be cited as the Development Charge By-law.
19. EFFECTIVE DATE:
19.1 This By-law shall come into full force and effect, following the forty (40) day
mandated appeal period.
Read a first, second and third time and finally passed this 1st day of June 2021 .
Pe~
-
(Seal)
Town of Gananoque By-law No. 2021-070
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Town of Gananoque By-law No. 2021-070
Page 10 of 11
Development Charge By-law No. 2021-070
Schedule 'A'
Designated Municipal Class of Services Under this By-law
Municipal-Wide Services
1. Roads and Related
2. Parks and Recreation
3. Growth-Related Studies
Urban Services
1. Wastewater
Town of Gananoque By-law No. 2021-070
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Development Charge By-law No. 2021-070
Schedule 'B' - Schedule of Development Charges
Service
RESIDENTIAL
NON-RESIDENTIAL
Single and
Semi-Detached
Dwelling
Apartments - 2
Bedrooms +
Apartments -
Bachelor and 1
Bedroom
Other Multiples (per sq.ft. of Gross Floor
area)
Municipal Wide Services
Roads & Related Services
789
503
342
569
0.56
Parks & Recreation Services
659
420
285
475
0.05
Growth-Related Studies
220
140
95
159
0.15
Total Municipal Wide Services
1,668
1,063
722
1,203
0.76
Urban Services
Wastewater Services
1,438
917
623
1,037
1.00
Total Urban Services
1,438
917
623
1,037
1.00
GRAND TOTAL RURAL AREA
1,668
1,063
722
1,203
0.76
GRAND TOTAL URBAN AREA
3,106
1,980
1,345
2,240
1.76