Township of Georgian Bay By-law 2024-054, Development Charges By-law — full text, Georgian Bay, Ontario

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THE CORPORATION OF THE TOWNSHIP OF GEORGIAN BAY BY-LAW 2024-054 Being a By-law to adopt Development Charges (Development Charges) WHEREAS the Township of Georgian Bay will experience growth through development and re-development; and WHEREAS development and re-development requires the provision of physical and social services by the Township of Georgian Bay; 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 Township of Georgian Bay or its existing taxpayers while at the same time ensuring new taxpayers contribute no more than the net capital cost attributable to providing the historical average level of municipal services; and WHEREAS subsection 2(1) of the Development Charges Act, 1997 S.O. 1997 c.27 (hereinafter called the Act) enables the council of a municipality by by-law to impose development charges against land to pay for increased needs for services arising from development of the area to which the by-law applies, for municipal services as designated in the by-law where any one or more of the actions set out in subsection 2(2) of the Act, is required for such development; and WHEREAS Council had before it a report entitled the "Development Charges Background Study" submitted by Hemson Consulting Ltd. dated April 4, 2024; and WHEREAS Council has reviewed the Study and has considered the comments of the public at a public meeting duly called on May 13, 2024, to consider the enactment of a by-law under the Act; and . WHEREAS Council has given said communications due consideration, and has determined that no further public meetings are required in respect of the Development Charges Background Study and the Development Charges By-law; and WHEREAS Council in adopting the "Development Charge Background By-law 2024-054 Page 2 of 14 Study" on June 3, 2024 directed that development charges be imposed on land under development or redevelopment within the geographical limits of the Township of Georgian Bay as hereinafter provided. NOW THEREFORE the Council of the Township of Georgian Bay hereby enacts as follows: 1. In this By-law: (a) Act means the Development Charges Act, 1997; (b) Agricultural Use means a use of land, buildings or structures for the purpose of field crops, fruit farming, market gardening, dairying, animal husbandry, poultry or beekeeping and such uses, structures and buildings as are customarily related to a farming operation, including on-farm diversified uses, but does not include a Dwelling Unit; (c) Apartment Unit (Apt) means a Dwelling Unit in a Residential Building containing four or more Dwelling Units; (d) Bedroom (BR) includes any room which can be used as sleeping quarters but does not include a kitchen, bathroom, living room or dining room; (e) Board of Education has the same meaning as that specified in subsection 29(1) of the Act; (f) Capital Cost means costs incurred or proposed to be incurred by a municipality or a local board or commission thereof directly or under an agreement; (i) | to acquire land or an interest in land, (ii) to improve land, (iii) to acquire, construct or improve buildings and structures, (iv) to acquire, construct or improve facilities including, (a) rolling stock with an expected useful life of seven years or more, furniture and equipment, excluding computer equipment; and By-law 2024-054 Page 3 of 14 (b) materials acquired for circulation, reference or information purposes by a library board as defined in the Public Libraries Act, 1998, and (v) to undertake studies in connection with any of the matters in clauses (vi)(I) through (IV), required for the provision of designated services; (g) Commercial Use means the use of land, structures or buildings for the purposes of buying or selling commodities and services, but does not include Industrial Use or Agricultural Use, but does include commercial uses in greenhouses and hotels, motels, motor inns and boarding, lodging and rooming houses; (h) Council means the Council of the Township of Georgian Bay; (i) Development includes redevelopment; (j) Development Charge means a charge imposed with respect to Growth-Related Net Capital Costs against land pursuant to the provisions of the within by-law; (k) Dwelling Unit means one or more habitable rooms designed or intended for use by one household exclusively as an independent and separate unit in which separate kitchen and sanitary facilities are provided for the exclusive use of the household with a private entrance from outside the building or from a common hallway or stairway inside the building; (1) Existing means the number, use and size that existed as of the date this by-law was passed; (m) Gross Floor Area means the total floor area, measured between the outside of 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 finished ground adjoining the building at its exterior walls. (O. Reg. 82/98, s. 1 (1)); (n) Growth-Related Net Capital Cost means the portion of the Net Capital Cost of services that is reasonably attributable to the need for such Net Capital Cost that results or will result from new development in all or a defined part of the Township; By-law 2024-054 Page 4 of 14 (0) High Density Housing means Residential Buildings containing seven or more Dwelling Units; (p) Industrial Use means the use of land, buildings or structures designed for the purpose of manufacturing, assembling, making, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing or storing or adapting for sale of any goods, substance, article or thing, or any part thereof and the storage of building and construction equipment and materials, as distinguished from the buying and selling of commodities and the supplying of personal services. This definition does not include Agricultural Use; (q) Institutional Use means land, buildings, structures or part thereof used by any organization, group or association for promotion of charitable, educational or benevolent objectives and not for profit or gain, and includes: (i) | along-term care home within the meaning of subsection 2 (1) of the Fixing Long-Term Care Act, 2021; (ii) a retirement home within the meaning of subsection 2 (1) of the Retirement Homes Act, 2010; and (iii) a hospice to provide end of life care; (r) Large Apartment means an apartment unit with 2 bedrooms or more; (s) 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 Township of Georgian Bay or any part or parts thereof; (t) Local Services means those services, facilities or things which are within the boundaries of, about or are necessary to connect lands to Services and where an application has been made in respect of the lands under sections 51 and 53 of the Planning Act, R.S.O. 1998; By-law 2024-054 Page 5 of 14 (u) Low Density Housing means a residential building containing less than seven Dwelling Units; (v) Multiple Housing means a Residential Building of not more than two storey's containing three or more Dwelling Units, or any Residential Building containing between three and six Dwelling Units; (w) Net Capital Cost means the Capital Cost less capital grants, subsidies and other contributions made to the Township or that the Council anticipates will be made, including conveyances or payments under sections 41, 51 and 53 of the Planning Act, R.S.O. 1998, in respect of the Capital Cost; (x) Non-Residential Use includes Commercial, Industrial and Institutional Uses; (y) Official Plan means the Official Plan adopted for the Township, as amended and approved; (z) On-Farm Diversified Uses means uses that are secondary to the principal agricultural use of the property, and are limited in area. On-farm diversified uses include, but are not limited to home occupations, home industries, agri-tourism uses, and uses that produce value-added agricultural products; (aa) 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; (bb) Park Model Trailer means any residential structure that is designed to be mobile and meets the following criteria: (i) built on a single chassis mounted on wheels; (ii) | designed to facilitate relocation from time to time; (iii) designed to provide a permanent or seasonal residence for one or more persons, but not including a travel trailer or a tent trailer; (iv) designed as living quarters and may be connected to those utilities necessary for installed fixtures and appliances; and By-law 2024-054 Page 6 of 14 (v) has a gross floor area, including lofts, not exceeding 50 m2 (538.21 ft2) when in the set up mode and having a width greater than 2.6 m (8.53 ft) when in the transit mode. (cc) Rate means the interest rate established weekly by the Bank of Canada based on Treasury Bills having a term of 90 days; (dd) Regulation means the regulations to the Act; (ee) Rental Housing Development means development of a building or structure with four or more Dwelling Units all of which are intended for use as rented residential premises; (ff) Residential Building 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, including retirement homes and old age homes, but not including motels, hotels, tents, truck campers, tourist trailers, mobile camper trailers, group homes, bed and breakfasts, or boarding, lodging or rooming houses; (gg) 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; (hh) Services means those services, facilities, accommodations and things shown on Schedule "A" to this by-law; (ii) Servicing Agreement means an agreement to _ provide municipal services by the Township of Georgian Bay to specified lands within the municipality; (jj) Services in Lieu' means those Services specified in an agreement made under clause 7 of this by-law; (kk) Single Family Dwelling Unit means one Dwelling Unit in a Residential Building; (Il) Small Apartment means an apartment unit with less than 2 Bedrooms; (mm) Township means the Township of Georgian Bay; By-law 2024-054 Page 7 of 14 (nn) Unit includes a Dwelling Unit and Apartment Unit; (00) Zoning By-law means the Zoning By-Law of the Township of Georgian Bay, as adopted on February 10, 1992 plus amendments or any successor thereof passed pursuant to Section 34 of the Planning Act, R.S.O. 1998. 2. (a) This by-law applies to all lands in the Township of Georgian Bay whether or not the land or use thereof is exempt from taxation under s. 13 of the Assessment Act. (b) Notwithstanding clause 2(a) above, this by-law does not apply to the development of land that is owned by and used for the purposes of: (i) A Board of Education; (ii) |The Township of Georgian Bay, or any local board or commission thereof; (iii) The District of Muskoka or any local board thereof; (iv) Affordable housing as defined by subsection 4.1 (1) of the Act; (v) Attainable housing as defined by subsection 4.1 (1) of the Act; and (vi) non-profit housing as defined by subsection 4.2 (1) of the Act. 3. (a) Council hereby imposes the development charges shown on Schedule "A" hereto to those categories of Residential uses of land, buildings and structures shown to defray the Growth- Related Net Capital Cost of providing, enlarging, expanding or improving the Services shown on Schedule "A". (b) Council hereby imposes the development charges shown on Schedule "B" hereto to those categories of Non- Residential (Commercial, Industrial or Institutional) uses of land, buildings By-law 2024-054 Page 8 of 14 and structures to defray the Growth- Related Net Capital Cost of providing, enlarging, expanding or improving the services shown on Schedule "B". (c) The development charges payable with respect to Park Model Trailers shall be calculated in accordance with the Large Apartment rate set forth in Schedule "A". (d) No Development charge shall be imposed when an existing Dwelling Unit is enlarged. (e) Notwithstanding the provisions of this By-law, no development charge shall be imposed for the intensification of existing rental residential buildings, or the creation of additional dwelling units in new or existing residential buildings pursuant to sections 2(3), 2(3.1), 2(3.2) and 2(3.2) of the Act. (f) | Development charges payable for Rental Housing Developments, where all of the Dwelling Units are intended to be used as rented residential premises, shall be reduced based on the number of bedrooms in each Dwelling Unit as follows: (i) 3 or more bedrooms -- 25% reduction; (ii) 2 bedrooms -- 20% reduction; and (iii) all other quantities of bedrooms -- 15% reduction. (g) Inthe case of a Development containing more than one use or category of use shown on Schedules "A" &"B" hereto, each such use shall bear its applicable development charge in the proportion that the gross floor area of such use or category of use bears to the total gross floor area of the Development. (h) No development charge shall be imposed if a building that has been destroyed or legally demolished is rebuilt within three years of the destruction or demolition. If a different type of building is constructed, a credit equal to the development charge that would have been imposed on the original building if it were constructed elsewhere in the neighbourhood, will apply. (i) If an expansion of a building or structure identified for Industrial Use, is increased by less than fifty percent of the gross floor area of the original building or structure, no By-law 2024-054 Page 9 of 14 development charge shall be imposed. (j) |The appropriate development charge will apply to each square foot of gross floor area over and above fifty percent of the expansion of the original building or structure. 4. (a) The whole of the development charge imposed hereunder shall be calculated and paid in full on the date a building permit under the Building Code Act is issued in respect of the building or structure for the use to which the development charge hereunder applies. (b) Despite subsection 4. (a), a development charge in respect of any part of a development that consists of a type of development set out in subsection 26.1 (2) of the Act is payable in accordance with subsection 26.1 of the Act. (c) No building permit shall be issued for any building or structure in respect of which the development charge applicable hereunder remains unpaid. (d) The Council may enter into a written agreement providing for payment of the development charges on any date that Council decides is appropriate. 5. The development charges established hereunder shall be adjusted without amendment to this by-law annually as of the 31%t of December in each year commencing on the 31% day of December, 2024, in accordance with the most recent change in the non- residential Construction Cost Index (Toronto), Statistics Canada Quarterly, Building Construction Price Indexes. 6. Nothing in this by-law prevents Council from requiring, as a condition of approval under section 51 or 53 of the Planning Act, R.S.O. 1998, that the Owner, at his own expense, install such Local Services as Council may require or that the Owner install local connections to municipal services at the Owner's expense. 7. (a) Council, by written agreement, may permit an Owner to commute the whole or such part of the development charge By-law 2024-054 Page 10 of 14 applicable to the Owner's development, as may be specified in the agreement, by the provision at the Owner's sole expense 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 his development equal to the reasonable cost of providing the Services in Lieu. (b) Inany agreement made under clause 7(a), Council may also give a further credit equal to the owner's reasonable cost of providing Services in addition to or of a greater size or capacity than would be required under this by-law, but may not give the credit against the development charge payable. (c) Any dispute as to the reasonable cost of providing the Services in Lieu or the Services mentioned in clause 7(a) and (b) above, shall be referred to the Township of Georgian Bay Council whose decision shall be final and binding. 8. A copy of this by-law may be registered against such lands in the Township of Georgian Bay as Council by resolution from time to time may direct. 9. Any amount of development charge which remains unpaid after the date specified in clause 4 (c) or in a written agreement shall be added to the tax roll and collected as unpaid taxes. 10. The Treasurer of the Township of Georgian Bay shall administer this by-law. 11. (a) Any agreement made under section 51 or 53 of the Planning Act, R.S.O. 1998, before the date this by-law comes into force which provides for the payment of a lot levy, capital contribution or other charge shall remain in full force and effect and be enforceable according to its terms. (b) The Treasurer in calculating the development charge payable shall deduct from the development charge otherwise payable any amount paid pursuant to an agreement mentioned in clause 7, above. By-law 2024-054 Page 11 of 14 (c) Where a lot levy, impost fee or development charge was collected as a condition for a lot created by consent pursuant to Section 53 of the Planning Act R.S.O. 1998, then the amount collected shall be deducted from the Development Charge at the time the Building Permit is issued. 12. (a) Council directs the Treasurer to maintain individual reserve funds, separate from the other reserve funds of the municipality, for each of the services listed in Schedule "A" to this by-law. The Treasurer shall deposit the development charges received under this by-law into the appropriate reserve fund thus created and shall pay from the appropriate reserve fund any amounts necessary to defray the Net Capital Cost of the service. (b) The amounts contained in the reserve funds established under clause 12(a) above, shall be invested in accordance with subsection 417(3) of the Municipal Act, 2001, as amended and any income received from such investment shall be credited to the said reserve fund. 13. Where any unpaid development charges are collected as taxes under clause 9 above, the money so collected shall be credited to the said reserve fund. 14. The Treasurer of the Township of Georgian Bay shall, in each year on or before March 31, furnish to Council a statement in respect of the reserve fund for the prior year established hereunder containing the information required under the Regulation. 15. (a) If this by-law is amended or repealed by Council or the Local Planning Appeal Tribunal, the Treasurer shall determine within 30 days of the amendment or repeal whether any owner has overpaid in respect of the development charge payable hereunder immediately prior to the repeal or amendment of this by-law and if such an overpayment has been made, the Treasurer shall calculate the amount of such overpayment. By-law 2024-054 Page 12 of 14 (b) Any overpayment determined under clause 15(a), above shall be paid to the person who made the payment by his or her last known address within 30 days of the date of the repeal or amendment of this by-law. (c) The refund payable under clause 15(b), above shall be paid with interest calculated from the date upon which the overpayment was collected to the date on which the refund is made. Such interest shall be paid at the Bank of Canada Rate in effect from time to time from the date of enactment of this by-law as adjusted in clause 15(d), below. (d) The Bank of Canada Rate in effect on the date of enactment of this by-law shall be adjusted on the first business day of January, 2025 to the Rate established by the Bank of Canada on that day and shall be adjusted four times each year thereafter on the first business day of January, April, July and October to the Rate established by the Bank of Canada on the day of the adjustment. 16. This By-law shall continue in force and effect for a term of 10- years from the date of its coming into force. 17. That any by-law or by-laws, or parts of any by-law or by-laws that are inconsistent with this by-law are hereby deemed repealed. 18. This By-law comes into force on the date of its passing. READ AND ENACTED in Open Council on this 3 day of June, 2024. a ETER KOETSIER, MAYOR --_ By-law 2024-054 Page 13 of 14 SCHEDULE "A" Residential Development Charges By Unit Type Semis Multiples Large Small Trailers Library Services $751 $493 $422 $328 $422 Parks And Recreation $3,633 $2,384 $2,043 $1,589 $2,043 Fire Protection $3,261 $2,140 $1,834 $1,427 $1,834 Services Related To A Highway $2,387 $1,566 $1,342 $1,044 $1,342 Development-Related Studies $415 $273 $234 $182 $234 | | | | By-law 2024-054 Page 14 of 14 . SCHEDULE "B" Non-Residential Development Charges Per Square Metre Square Metre Library Services $0.00 Parks And Recreation $0.00 Fire Protection $22.25 Services Related To A Highway $16.28 Development-Related Studies $2.83