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THE CORPORATION OF THE TOWN OF GRAVENHURST
BY-LAW NO. 2024-110
___________________________________
Being a By-law with Respect to Development Charges
for The Town of Gravenhurst
WHEREAS The Town of Gravenhurst will experience growth through development and re-
development;
AND WHEREAS pursuant to Section 2 (1) of the Development Charges Act, 1997, S.O. 1997, c.
27 as amended, Gravenhurst Town Council may pass by-laws for the imposition of development
charges against land to pay for the increased capital costs because of increased needs for such
services arising from the development and re-development of such land;
AND WHEREAS the development of land, for residential and non-residential uses will increase the
need for the services designated in Schedule "A" hereto;
AND WHEREAS Gravenhurst Town Council has completed a development charges background
study and given notice in accordance with the Development Charges Act, 1997 of its development
charges proposal and a held public meeting on October 23, 2024;
AND WHEREAS Gravenhurst Town Council has heard all persons who applied to be heard in
objection to, or in support of, the development charges proposal;
AND WHEREAS Gravenhurst Town Council on November 19, 2024, determined that no further
public meetings were required under Section 12 of the Development Charges Act, 1997;
AND WHEREAS Gravenhurst Town Council expressed its intent to undertake the capital works
identified in the development charges background study;
AND WHEREAS Gravenhurst Town Council expressed its intent to recover the committed excess
capacity identified in the development charges background study through future development
charges;
AND WHEREAS Gravenhurst Town Council has given consideration of 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 a municipal-wide uniform basis;
AND WHEREAS the Study dated September 20, 2024 includes an Asset Management Plan that
deals with all assets whose capital costs are intended to be funded under the Development Charge
By-law and that such assets are considered to be financially sustainable over their full life-cycle;
AND WHEREAS Gravenhurst Town Council will give consideration to incorporating the Asset
Management Plan outlined in the Study within the Town of Gravenhurst's ongoing practices and
Asset Management Plan;
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Development Charge By-law
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
GRAVENHURST ENACTS AS FOLLOWS:
A. DEFINITIONS
1. In this by-law:
1.1. "Act" means the Development Charges Act, 1997, S.O. 1997, c. 27, as amended;
1.2. "accessory use" means a building or structure that is naturally and normally incidental,
subordinate in purpose of floor area or both, and exclusively devoted to a principal use,
building or structure, and includes but is not limited to bunkies and sleeping cabins with no
bathroom and kitchen facilities;
1.3. "affordable residential unit" means a dwelling unit that meets the criteria set out in
subsection 4.1 of the Act;
1.4. "apartment" means a dwelling unit in a residential building and the residential portion of a
mixed-use building containing four or more dwelling units, where the dwelling units are
connected by an internal corridor;
1.5. "attainable residential unit" means a dwelling unit that meets the criteria set out in
subsection 4.1 of the Act;
1.6. "cannabis production facility" means a building used, designed or intended for growing,
cultivation, producing, testing, destroying, storing or distribution, excluding retail sales, of
marijuana or cannabis and for the purposes of this by-law is defined as a non-residential
use;
1.7. "commercial accommodation premises" means any building or structure designed, used or
intended to be occupied by one or more individuals as temporary sleeping
accommodations whether on a daily, weekly, monthly, seasonal or other basis and
includes, but is not limited to:
1.7.1. tourist commercial resorts, hotels and motels;
1.7.2. lodging or group homes and bed and breakfasts;
1.7.3. retirement homes, old age homes and nursing homes;
1.7.4. school dormitories not otherwise exempt; and
1.7.5. sleeping cabins part of a commercial operation of a camp or similar business.
1.8. "commercial accommodation unit" means any suite, room, or other enclosed space within
a commercial accommodation premises:
1.8.1. that is leased, rented, assigned or otherwise granted to one or more occupants or
for any period of time; and
1.8.2. the occupant(s) to whom the suite, room, or other enclosed space is leased, rented,
assigned or otherwise granted to have a reasonable expectation of privacy.
1.9. "development" means any and all buildings or structures that require a permit of any kind
under the Building Code and includes redevelopment;
1.10. "duplex dwelling" means a residential building containing two (2) separate, primary
dwelling units that is not a semi-detached residential development;
1.11. "dwelling unit" means any part of a residential building or structure used, designed or
intended to be used as a domestic establishment in which one or more persons may sleep
and are provided with bathroom and kitchen facilities for their exclusive use. A dwelling
unit shall not include a commercial accommodation unit or garden suite as defined in this
by-law;
1.12. "farm building" means buildings or structures used to carry on a bona fide farming
operation including barns, silos and other ancillary development to an agricultural use, but
excluding those buildings or structures used for residential purposes and cannabis
production facilities;
1.13. "garden suite" means one (1) detached residential structure containing bathroom and
kitchen facilities and only one (1) sleeping area that is ancillary to an existing residential
structure and at the time of installation is designed and intended to be temporary and
portable, but does not include a mobile home or park model trailer;
1.14. "Gravenhurst" means "The Corporation of the Town of Gravenhurst" as the context
requires;
1.15. "high density multiple unit residential development" means:
1.15.1.
all residential development that does not qualify as either single detached
dwelling, semi-detached dwelling, duplex or low density multiple residential
development; and
1.15.2.
in the case of a mixed use development, any portion of the residential
component thereof that does not qualify as single detached dwelling, semi-
detached dwelling, duplex or low density multiple residential development;
1.16. "hunt camp" means a building or buildings primarily used for recreational activities such as
hunting or fishing, which provides seasonal or temporary accommodation in a remote
location where municipal or community services are usually not immediately accessible to
the buildings. A hunt camp does not include a dwelling unit or commercial accommodation
premises or other commercial use. For the purposes of this by-law a hunt camp shall be
charged as high density multiple unit residential development;
1.17. "industrial" means any land, building or structure or portions thereof used, designed or
intended for or in connection with manufacturing, producing, processing, fabricating,
assembling, refining, cannabis production facility, research and development, storage of
materials and products, truck terminals and warehousing;
1.18. "institutional" means development of a building or structure intended for use:
1.18.1.
as a long-term care home within the meaning of subsection 2(1) of the Long-
Term Care Homes Act, 2007;
1.18.2.
as a retirement home within the meaning of subsection 2(1) of the Retirement
Homes Act, 2010;
1.18.3.
by any institution of the following post-secondary institutions for the objects of
the institution: a university in Ontario that receives direct, regular and ongoing operation
funding from the Government of Ontario; a college or university federated or affiliated
with a university described in subclause 1.18.1; or an Indigenous Institute prescribed
for the purposes of section 6 of the Indigenous Institute Act, 2017;
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Development Charge By-law
1.18.4.
as a memorial home, clubhouse or athletic grounds by an Ontario branch of
the Royal Canadian Legion; or
1.18.5.
as a hospice to provide end of life care;
1.19. "long term care home" means homes, nursing homes or homes for the aged where the
Ministry of Health and Long Term Care funds the care provided in such homes and
application for accommodation is made through a Community Care Access Centre or
other provincial regulatory body and is a not-for-profit organization;
1.20. "low density multiple unit residential development" means:
1.20.1.
townhouses or row homes;
1.20.2.
triplexes, quadraplexes and larger similar developments where the
residential units are not connected by an internal corridor;
1.21. "mixed use" means any building or structure that is comprised of both residential and non-
residential portions;
1.22. "mobile home" means any residential building or structure that is designed to be made
mobile and constructed or manufactured to provide a temporary or permanent residence
for one or more persons, but does not include a travel trailer, or a tent trailer, or a park
model trailer;
1.23. "multiples" means a residential building containing more than two dwelling units and
includes triplex, quadraplex, townhouse or row house;
1.24. "non-profit housing development" means the development of a building or structure intended
for use as a residential premises and developed by;
1.24.1.
a corporation to which the Not-for-Profit Corporations Act, 2010 applies, that is in
good standing under that Act and whose primary objective is to provide housing,
1.24.2.
a corporation without share capital to which the Canada Not-for-profit
Corporations Act applies, that is in good standing under that Act and whose primary
objective is to provide housing, or
1.24.3.
a non-profit housing co-operative that is in good standing under the Co-operative
Corporations Act 2022, c. 21, Sched. 3, s. 4.
1.25. "non-residential" means lands, buildings or structures, or part thereof, used, designed or
intended to be used for any use other than residential use;
1.26. "park model trailer" means any structure that is designed to be mobile and meets the
following criteria:
1.26.1.
built on a single chassis mounted on wheels;
1.26.2.
designed to facilitate relocation from time to time;
1.26.3.
designed to provide a permanent or seasonal residence for one or more
persons, but not including a travel trailer or tent trailer;
1.26.4.
designed as living quarters and may be connected to those utilities
necessary for installed fixtures and appliances; and
1.26.5.
has a gross floor area, including lofts, not exceeding 50 m ² (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.
1.27. "regulations" means the regulations to the Act;
1.28. "rental housing development" means development of a building or structure with four or
more residential units all of which are intended for use as rented residential premises;
1.29. "residential" means land or buildings or structures of any kind whatsoever or any suite,
unit, apartment, room or sleeping area within such buildings or structures used, designed,
intended to be or capable of being used as living accommodations for one or more
individuals except those premises or buildings constituting commercial accommodation
premises as defined in this by-law. For the purposes of this by-law any building or
structure or portion of any building or structure or portion thereof within which there is at
least one sleeping area shall be categorized as either residential or commercial
accommodation premises;
1.30. "secondary suite" means a dwelling unit, whether contained within a single detached
dwelling, a semi-detached dwelling or a townhouse/row home dwelling, or ancillary to a
single detached dwelling, a semi-detached dwelling or a townhouse/row home dwelling
including but not limited to a stand-alone structure (e.g. coach house or laneway suite) or
structure constructed above an existing garage or other structure separate from the primary
dwelling unit which:
1.30.1.
Is secondary to the primary dwelling unit and smaller in gross floor area than the
primary dwelling unit;
1.30.2.
Cannot be conveyed as a separate parcel from the primary dwelling unit;
1.30.3.
Is not a Duplex, Garden Suite, Commercial Accommodation Unit, Mobile Home
or Park Model Trailer as defined in this by-law;
1.31. "semi-detached dwelling" means a residential building consisting of two (2) separate
dwelling units:
1.31.1.
having one vertical wall, but no other parts, attached to another building or
structure; and
1.31.2.
the dwelling units are not connected by an interior corridor;
1.32. "single detached dwelling" means a residential building consisting of one dwelling unit and
not attached to another building or structure;
1.33. "sleeping area" means a habitable room or other definable space within a building or
structure that is:
1.33.1.
capable of being used as a sleeping area for one or more individuals; and
1.33.2.
includes a den, study or other similar space, but does not include a living
room, dining room or kitchen;
1.34. "temporary building" means any building or structure that is intended, at time of
construction or installation is intended to be removed in the future and includes garden
suites, mobile homes and park model trailers.
2. For the purposes of this by-law each of the following shall be deemed to be a separate dwelling
unit:
2.1. each single detached dwelling;
2.2. each dwelling unit within a duplex or semi-detached dwelling;
2.3. each suite, apartment or unit within a triplex, quadraplex or similar development;
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Development Charge By-law
2.4. each suite, apartment, unit, room or sleeping area within a high density multiple unit
residential development or a commercial accommodation premises; and
2.5. each mobile home and each park model trailer
3. In determining whether or not a suite, apartment, unit, room, sleeping area or other enclosed
space is a unit within the meaning of Section 2 the presence or absence of specific features
such as kitchens, cooking facilities or other features is not relevant.
4. The interpretation section of the Act shall apply to this by-law. In the event of any conflict
between the Act and the provisions of the by-law, the provision of the Act shall govern.
5. In the application of the by-law the terms "unit", "apartment" or "suite" are synonymous and are
considered interchangeable. Notwithstanding anything to the contrary, each suite, unit or
apartment shall be deemed to be a separate unit within the meaning of this by-law.
B. APPLICATION OF BY-LAW
6. This by-law:
6.1. Shall apply to all lands within the boundaries of The Town of Gravenhurst.
6.2. The provisions of this by-law shall be used to determine if a development charge is
payable in any particular case and to determine the amounts payable.
7. The services for which development charges shall be payable, shall be those described in
Schedule "A" hereto.
8. Development charges shall be payable for the services laid out in Schedule A:
8.1. Library
8.2. Fire Protection
8.3. Parks & Recreation
8.4. Services Related to a Highway: Public Works
8.5. Services Related to a Highway: Roads & Related
8.6. Development-Related Studies
8.7. Storm Water Drainage and Control
9. The development charges shall be and are hereby imposed on all lands within the boundaries
of The Town of Gravenhurst.
10. All owners of land shall, prior to developing their lands, whether by way of new development,
re-development or any other type of development, unless specifically exempted herein, pay
development charges in accordance with this by-law.
C. OBLIGATION TO PAY DEVELOPMENT CHARGES
General
11. Subject to section 2(3) of the Act and Section 59 of this by-law, an owner of land shall pay
development charges, in accordance with the provisions of this by-law at the rates set forth in
Schedules "B-1" to "B-6" as adjusted in accordance with Section 59 from time to time for any
and all development requiring any one or more of the following:
11.1. the passing of a zoning by-law or an amendment to a zoning by-law under section 34 of the
Planning Act, R.S.O. 1990, c. P.13, as amended;
11.2. the approval of a minor variance under section 45 of the Planning Act;
11.3. the conveyance of land to which a by-law passed under subsection 50 (7) of the Planning
Act;
11.4. the approval of a plan of subdivision under section 50 of the Planning Act;
11.5. a consent under section 53 of the Planning Act;
11.6. the approval of a description under section 50 of the Condominium Act, 1998; or
11.7. the issuing of permit under the Building Code Act, 1992, in relation to a building or structure.
Phasing
12. 12. The development charges are being phased in, in accordance with Schedules "B-1" to "B-6".
The first phase-in will be effective on January 1, 2025 and will continue annually afterwards until
January 1, 2027.
Exemptions and Discounts
13. Subject to Section 14 herein, the following types of development shall be exempt from payment
of development charges:
13.1. the development of a farm building;
13.2. the development of a cemetery and burial sites exempt from taxation under section 3 of the
Assessment Act, R.S.O. 1990, c. A.31, as amended;
13.3. buildings or structures owned and occupied by and used for the purposes of a
municipality;
13.4. buildings or structures owned and occupied by and used by a Board of Education defined in
section 1 (1) of the Education Act, R.S.O. 1990, c. E.2, as amended;
13.5. buildings or structures owned by a hospital approved as a public hospital under the Public
Hospitals Act, R.S.O. 1990, c. P.40 when used for public hospital services;
13.6. buildings or structures owned and occupied by a college of applied arts and technology or
university including residences for students enrolled in such college or university;
13.7. secondary suites;
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Development Charge By-law
13.8. Affordable Residential Units as defined by the Act, as amended;
13.9. Non-Profit Housing Development as defined by the Act, as amended; and
13.10.
Development charges payable for Rental Housing Developments as defined in the Act,
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:
13.10.1.
3 or more bedrooms - 25% reduction
13.10.2.
2 or more bedrooms - 20% reduction
13.10.3.
All other quantities of bedrooms - 15% reduction
14. For the purpose of Section 13 development subsidized by any of the entities listed therein
whether by way of grant agreement, cost contribution or otherwise is not exempt from the
payment of development charges.
Temporary Buildings
15. Notwithstanding any other provisions of this by-law, but subject to Section 16, 17 and 18, a
person proposing to erect a temporary building may request deferral of payment of
development charges provided that:
15.1. prior to the issuance of the building permit for the temporary building, the owner shall
provide to the Town securities in the form of cash or a letter of credit acceptable to the
Town Treasurer in the full amount of the development charges otherwise payable
pursuant to this by-law.
15.2. within five (5) years of the date the building permit is issued, the owner shall demolish or
remove the temporary building from the lands.
15.3. Upon satisfactory evidence that Section 15.2 has been complied with, the Town shall
return to the owner the securities provided pursuant to Section 15.1, without interest.
15.4. In the event that the owner does not demolish or remove the temporary building in
accordance with Section 15.2 and provide satisfactory evidence in accordance with
Section 15.3 the temporary building shall be deemed conclusively not to be a temporary
building for the purposes of this by-law and the Town shall, without prior notification to the
owner, transfer the cash or draw upon the letter(s) of credit provided pursuant to Section
15.1 and transfer the amount so drawn into the appropriate development charges reserve
funds.
16. Notwithstanding Section 15, development charges with respect to garden suites are required to
be paid in full at the time that a building permit is issued, in accordance with Section 38.
16.1. If a garden suite is demolished or removed within five (5) years of the date of issuance of the
building permit relating thereto, the owner may make application to the Town for a refund.
16.2. On receipt of evidence to the satisfaction of the Town, which establishes that a garden suite
has been removed or demolished in accordance with Section 16.1 the development charges
paid in regard to that garden suite shall be refunded in full, but without interest, to the then
current owner thereof.
17. Notwithstanding Section 15, development charges with respect to mobile homes are required to
be paid in full at the time that a building permit is issued, in accordance with Section 39.
17.1. If a mobile home is demolished or removed within five (5) years of the issuance of the
building permit relating thereto, the owner may make application to the Town for a refund.
17.2. On receipt of evidence to the satisfaction of Gravenhurst, which establishes that a mobile
home has been removed or demolished in accordance with Section 17.1 the development
charges paid in regard to that mobile home may be refunded in full, but without interest, if:
17.2.1. that applicant establishes to the satisfaction of the Town that he/she is the current
owner of the mobile home in question and the owner or lessee of the parcel of land on
which the mobile home was located; and
17.2.2. a development charge was paid with respect to the mobile home in accordance with
Section 17.
18. Notwithstanding Section 15, development charges with respect to park model trailers are
required to be paid in full at the time that a building permit is issued, in accordance with Section
39.
18.1. If a park model trailer is demolished or removed within five (5) years of the issuance of the
building permit relating thereto, the owner may make application to the Town for a refund.
18.2. On receipt of evidence to the satisfaction of the Town, which establishes that a park model
trailer has been removed or demolished in accordance with Section 18.1, the development
charges paid in regard to that park model trailer may be refunded in full, but without interest
if:
18.2.1.
that applicant establishes to the satisfaction of the Town that he/she is the
current owner of the park model trailer in question and the owner or lessee of the
parcel of land on which the park model trailer was located; and
18.2.2. a development charge was paid with respect to the park model trailer in accordance
with Section 18.
D. CALCULATION OF DEVELOPMENT CHARGES PAYABLE
General
19. For the purposes of calculating the development charges payable, all development shall be
categorized as either:
19.1. residential;
19.2. non-residential; or
19.3. mixed use.
20. Without limiting the generality of the foregoing, non-residential development includes all
development not defined as residential.
21. In the case of mixed use development, the building or structure shall be separated into
residential and non-residential portions. In the event that a complaint is lodged with respect to
whether or not a building or structure or portion thereof is residential or non-residential, the
portion in question shall be deemed to be residential.
22. Notwithstanding Section 21, hallways shall be included within the non-residential portion unless
the portions of the buildings or structures that the hallways provide access to are solely
residential.
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Development Charge By-law
23. Once it has been determined that a proposed development is residential or commercial
accommodation premises in whole or part, the residential portion or commercial
accommodation premises portion shall be reviewed to determine whether or not such portion is
proposed to be separated into units, suites, apartments, rooms or sleeping areas, use of which
may be given, leased, rented, granted or otherwise conferred upon a specific person or persons
for a period of time, whether daily, monthly, annually, until the occurrence of a specific event or
otherwise.
24. For the purposes of Section 23, the provision of services by the landlord or other persons to
lessees, tenants or occupants of the proposed units, suites, apartments, rooms or sleeping
areas does not and shall not exempt the owner from payment of development charges in
accordance with the residential development charge rates detailed in Schedules "B-1" to "B-
6" hereto.
25. Subject to Section 66 herein, where an owner has previously paid a development charge with
respect to land being developed as a condition of a consent, plan of subdivision or
condominium approval given under the Planning Act, and the amount of such payment was the
full amount payable at the time for the development being proposed, the owner shall not be
required to top up the amount to the amounts herein.
Rules applicable to the calculation of development charges applicable to residential
development
26. The development charges payable with respect to development that is solely residential
development, shall be calculated in accordance with this section.
27. The residential development shall be categorized as:
27.1. single detached dwelling, duplex, or semi-detached dwelling; or
27.2. low density multiple unit residential development; or
27.3. high density multiple unit residential development; or
27.4. other residential development, either a garden suite or a hunt camp or a mobile home or a
park model trailer.
28. In the case of single detached dwellings, the development charges shall be calculated on the
basis of the number of single detached dwelling units for which a building permit is applied for
multiplied by the rates set for such development in Schedules "B-1" to "B-3".
29. In the case of semi-detached dwellings and duplexes, the development charges shall be
calculated on the basis of the number of semi-detached dwelling units or duplex dwelling units
for which a building permit is applied for multiplied by the rates set for such development in
Schedules "B-1" to "B-3".
30. In the case of low density multiple unit residential development, the development charges
payable shall be calculated by multiplying the total number of units, suites and apartments
within the development by the rates set forth in Schedules "B-1" to "B-3".
31. In the case of high density multiple unit residential development that has been or is proposed to
be separated into two or more units, suites or apartments, whether temporarily or permanently,
the development charges shall be calculated as the sum of:
31.1. the number of suites, units or apartments with two or more sleeping areas within the
development multiplied by the rates set forth in Schedules "B-1" to "B-3"; plus
31.2. the number of suites, units or apartments within the development containing less than two
sleeping areas multiplied by the rates set forth in Schedules "B-1" to "B-3".
32. In the case of high density multiple unit residential development that has not been and is
proposed not to be separated into units, suites or apartments as described in Section 31, but is
proposed to be separated into two or more rooms or sleeping areas, the development charges
payable shall be calculated by multiplying the number of sleeping areas and rooms by the rates
set out in Schedules "B-1" to "B-3".
33. In the case of high density multiple unit residential development that is a combination of one or
more of the developments described in Sections 31 and 32, Sections 31 and 32 shall be
applied to each such portion and the development charges payable shall be calculated as the
sum of the amounts calculated for each such portion.
34. For the purposes of this section and Section 42, where plans or drawings of any kind, whether
prepared for building permit applications, leasing, marketing or other purposes, for a building or
structure illustrate units, suites, apartments, hotel or motel rooms or distinct sleeping areas,
such plans and drawings shall be prima facie evidence of the division of the building or
structure into units, suites, apartments or sleeping areas.
35. It is hereby acknowledged that pursuant to sections 2(3), 2(3.1), 2(3.2) and 2(3.3) of the Act,
development charges are not payable.
36. Where additional units, over and above the number of units referenced in Section 35,
development charges shall be applied in accordance with Sections 26 to 35 with respect to
those additional units.
37. Notwithstanding anything to the contrary, the exemptions described in Section 35 do not apply
to the conversion of residential premises or the enlargement and conversion of residential
premises to commercial accommodation premises.
38. Notwithstanding anything to the contrary, the development charges payable with respect to
garden suites and residential buildings within hunt camps as defined in this by-law shall be
calculated as follows:
38.1. number of garden suites multiplied by the rate set forth in Schedules "B-1" to "B-3"
38.2. number of individual residential buildings within hunt camps multiplied by the rate set forth in
Schedules "B-1" to "B-3"
39. Notwithstanding anything to the contrary, the development charges payable with respect to a
mobile homes and park model trailers as defined in this by-law shall be calculated as follows:
39.1. number of mobile homes or park model trailers, multiplied by the rates set forth in
Schedules "B-1" to "B-3".
Rules applicable to the calculation of non-residential development charges
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Development Charge By-law
40. In the case of development that is solely non-residential development, the development
charges for the entire development, as the case may be, shall be calculated in accordance with
this section.
41. In the case of non-residential development that consists solely of commercial accommodation
premises comprised of units, suites, apartments and/or sleeping areas and amenity areas for
the exclusive use of the occupants of the units, suites, apartments and/or sleeping areas, the
development charges payable shall be calculated on the basis of multiplying the number of
units, suites, apartments and/or sleeping areas within the commercial accommodation premises
by the rates set forth in Schedules "B-4" to "B-6". Section 34 shall apply to this section.
42. In the case of non-residential development that does not include commercial accommodation
premises, the development charges payable shall be calculated by multiplying the gross floor
area of such development by the applicable rates set forth in Schedules "B-4" to "B-6".
43. In the case of non-residential development that consists of both commercial accommodation
premises and other portions not set out for the exclusive use of the occupants of the
commercial accommodation premises, the development shall be apportioned and the rates set
forth in Schedules "B-4" to "B-6" shall be applied to each portion.
44. Where a development includes the enlargement of the gross floor area of an industrial building,
the amount payable shall be determined in accordance with Section 4 of the Act.
45. Except for enlargement of commercial accommodation premises, where the development
includes the enlargement of the gross floor area of a non-residential development, the amount
payable with respect to the non-residential portion of the enlargement shall be determined in
accordance with the following rules:
45.1. if the gross floor area is enlarged by 50 per cent or less, the amount of the development
charge in respect of the enlargement is zero; and
45.2. if the gross floor area is enlarged by more than 50 per cent the amount of the development
charge in respect of the enlargement is the amount of the development charge that would
otherwise be payable multiplied by the fraction determined as follows:
45.2.1.
determine the amount by which the enlargement exceeds 50 per cent of the
gross floor area before the enlargement; and
45.2.2. divide the amount determined under Section 45.2.1 by the amount of the
enlargement.
46. For the purposes of calculating the charges payable with respect to non-residential
development, the area of the following portions of the development shall be deducted in
calculating the gross floor area:
46.1. a room or enclosed area within the building or structure above or below grade that is used
exclusively for the accommodation of heating, cooling, ventilating, electrical, mechanical or
telecommunications equipment that service the building;
46.2. loading facilities above or below grade; and
46.3. 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.
Rules applicable to the calculation of development charges applicable to mixed use
development
47. In the case of a mixed use development, development charges shall be calculated in
accordance with this section.
48. The development charges payable with respect to mixed use developments shall be the sum of:
48.1. for the residential portion, an amount calculated in accordance with Sections 26 to 39
inclusive; plus
48.2. for the non-residential portion, an amount calculated in accordance with Sections 40 to 46
inclusive.
49. Notwithstanding anything to the contrary, where the owner or operator of a building or structure
provides full meal services by way of a meal plan or otherwise to the lessees, tenants or
occupants of suites, units, or apartments or sleeping areas within the building and operates a
separate kitchen and/or dining facility solely to serve such residents, the area occupied by such
kitchen and/or dining facilities shall not be included in the calculation of the non-residential
portion development charges.
50. Notwithstanding anything to the contrary, where facilities such as swimming pools, saunas,
exercise rooms or other entertainment or recreational facilities within a mixed use development
are for the exclusive use of the residents of the residential portion of that development, such
facilities shall not be included in the calculation of the non-residential portion of the
development charges.
Expansions or Enlargements of non-residential buildings
51. For the purposes of determining the amounts payable with respect to expansions or
enlargements the unexpanded size of the building shall be the size of the building as of the
date this by-law comes in effect.
Demolition and Destruction
52. An owner whose building is destroyed by fire or natural causes or who has secured the
necessary approvals, may demolish and replace the building with another building and receive
a credit, equivalent to:
52.1. in the case of a residential building, the number of dwelling units demolished/destroyed
multiplied by the applicable development charge in place at the time the development charge
is payable; and/or
52.2. in the case of a non-residential building, the gross floor area of the building
demolished/destroyed multiplied by the applicable development charge in place at the time
the development charge is payable.
53. The exception described in Section 52 is limited and only applies if the owner obtains a building
permit to re-build within 60 months of the date of demolition or destruction.
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Development Charge By-law
Redevelopment
54. Despite any other provisions of this by-law, where, as a result of the redevelopment of land, a
building or structure existing on the same land within 60 months prior to the date of payment of
development charges in regards 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, the
development charges payable with respect to such redevelopment shall be reduced by an
amount calculated under Sections 26 to 50 with respect to the development that has been or
will be demolished or converted to another principal use, provided that such amounts shall not
exceed, in total, the amount of the development charges otherwise payable with respect to the
redevelopment.
55. "Redevelopment" includes conversions from one principle use to another.
56. Despite the provisions of Section 54, development charges are not payable when there is a
conversion of an existing building from one principle use to another and the building is not being
enlarged.
E. SERVICES IN LIEU
57. Subject to an agreement pursuant to section 38 of the Act, the Town may, on a case by case
basis, by agreement, permit an owner to provide services in lieu of the payment of all or part of
a development charge.
58. It shall be and is hereby established that it shall be the policy that where an owner is permitted
to provide services in lieu, the maximum amount of the credit available shall be the amount of
the development charge payable by the owner for the particular service provided.
F. DEVELOPMENT CHARGE SCHEDULE INDEXING
59. The amount of the development charges payable pursuant to this by-law shall be adjusted
annually on January 1st each and every year, without amendment to this by-law, commencing
on January 1, 2026, in accordance with the regulations.
G. PAYMENT TIMING
60. The total amount of development charges shall be calculated and be payable pursuant to this
by-law, in accordance with Section 26, Section 26.1, and Section 26.2 of the Act.
61. Where Section 26.1 and Section 26.2 of the Act do not apply, 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, 1992, S.O. 1992, c.23 is issued in respect of the building or
structure for the use to which the Development Charge hereunder applies.
62. For the purposes of Section 61, the term "building permit" includes "foundation permit" or any
other permit issued under the Building Code Act.
H. REFUNDS AND CREDITS
General
63. In the event that the Town is required pursuant to the Act to make a refund, the refund shall be
paid to the registered owner of the land on the date on which the refund is paid.
64. Where the Town is required to pay interest on a refund by the Act, interest shall be paid at the
minimum rate calculated in accordance with Section 11(2) of the regulations.
65. In accordance with section 41(2) of the Act, any and all credits given by the Town pursuant to
By-law 99-122 or any other development charge by-law shall be deemed to have been given
under this by-law.
66. Where an owner proposes to change the nature of the use of a parcel on which development
charges have partially been paid, and the new use requires the payment of development
charges, the owner shall be given a credit against development charges payable with respect to
the new use in an amount equal to the lesser of:
66.1. the amount of charges previously paid; or
66.2. the amounts payable for the new use.
Revocation or Expiry of Building Permits
67. The person paying the development charges may, within two (2) years of the date of payment
of the development charges, apply for a refund where:
67.1. Gravenhurst development charges have been paid at the time a building permit was issued;
67.2. no construction or other development has occurred; and
67.3. the building permit has been revoked or has expired,
68. Where the person applying for the refund is not the registered owner of the lands to which the
building permit applied, the application shall include the consent of said registered owner.
69. Upon receipt of a valid application, the Town Treasurer may issue a refund in the amount of
ninety (90) percent of the Gravenhurst development charges actually paid where interest is not
payable on any such refund.
70. A credit equal to the amount of Gravenhurst development charges originally paid shall, subject
to Section 72, be assigned to the property in question, where:
70.1. Gravenhurst development charges have been paid at the time a building permit was
issued; and
70.2. ownership of the property has changed since the building permit was issued; and
70.3. no construction or other development has occurred; and
70.4. the building permit has been revoked or has expired; and
70.5. a refund has not been applied for or issued under Section 66.
70.6. Interest is not payable on any such credit.
By-law 2024-110
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Development Charge By-law
71. In the event that the amount of the credit under Section 70 exceeds the Gravenhurst
development charges otherwise payable at the time another building permit is issued, the
excess shall be retained by Gravenhurst.
72. The credit in Section 70 shall be valid for ten (10) years commencing on the date of payment of
the development charges and may only be applied to the Gravenhurst development charges
payable pursuant to this or a successor by-law.
I. LOCAL SERVICE INSTALLATION
73. Nothing in this by-law shall prevent or be deemed to prevent Gravenhurst from requiring any
person, at his or her own expense, to install such local services within or in the vicinity of a plan
of subdivision or otherwise, as Gravenhurst may require, or that any person install, at his or her
own expense, storm drainage facilities and/or site access facilities including road widenings.
J. RESERVE FUNDS
74. It is hereby acknowledged that pursuant to section 35 of the Act, the monies collected by
Gravenhurst pursuant to this by-law may only be used for the capital costs detailed in the
Development Charges Study.
75. Monies received from payment of development charges shall be maintained in a separate
reserve fund or funds for each of the services listed in Schedule "A", and shall be used only to
meet the growth-related net capital costs for which the development charges were levied under
this by-law.
76. The amounts contained in the reserve funds established under this section shall be invested in
accordance with Municipal Act, 2001. Any income received from investment of the development
charge reserve fund or funds shall be credited to the development charge reserve fund or funds
in relation to which the investment income applies.
77. It is further acknowledged that pursuant to Section 36 of the Act, Gravenhurst may, subject to
replacement in the amounts plus interest as required by the said section, use these funds
collected pursuant to this by-law for other works. Any determination to use funds collected
pursuant to this by-law in any manner other than that prescribed in Sections 74 to 76 herein
shall be made by resolution of Gravenhurst Town Council confirmed by the confirming by-law.
78. The Town Treasurer shall, in each year on or before May 1 of each and every year furnish to
Council a statement in respect of the reserve funds established hereunder for the prior year,
containing the information set out in the regulations of the Act.
K. COLLECTIONS
79. Where any development charge, or part thereof, remains unpaid after the due date, the amount
unpaid shall after certification in accordance with Section 32 of the Act, be added to the tax roll
and shall be collected as taxes.
80. Where any unpaid development charges are collected as taxes under Section 79, the monies
so collected shall be credited to development charge reserve fund or funds.
L. APPROVAL OF SERVICE STANDARDS
81. For the purposes of Section 3 of O.Reg. 82/98, the service standards and capital spending plan
in the report dated September 20th, 2024, by Hemson Consulting Ltd., Gravenhurst's most
recent capital budget and forecast and Gravenhurst Town Council's previous approvals of
capital projects shall be and are hereby approved.
M. GENERAL
82. This by-law shall, subject to law, be administered by the Town Treasurer.
83. The following schedules to this by-law form an integral part of this by-law:
83.1. Schedule "A" - Designated Services
83.2. Schedule "B" - Schedules of Residential and Non-Residential Development Charges.
Schedule B is comprised of schedules B-1 to B-6.
83.3. Schedule "C" - Allocation of Residential and Non-Residential Charge by Designated
Services and Development Charges by Unit Type and Year of Phase-In. Schedule C is
comprised of schedules C-1 and C-2.
84. The by-law shall come into force and take effect on January 1, 2025.
85. By-law No. 2019-91 shall be and is hereby repealed on January 1, 2025.
86. Unless otherwise repealed, this by-law shall expire ten (10) years from the date described in
Section 84.
87. In the event that any provision of this by-law is found to be ultra vires, such provision shall be
severed and the remainder of this by-law shall remain in full force and effect.
N. SHORT TITLE
88. This by-law may be cited as the Development Charges By-law.
READ AND PASSED this 19th day of November, 2024.
Mayor
Clerk
By-law 2024-110
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Development Charge By-law
SCHEDULE "A" TO BY-LAW NO. 2024-XX
Designated Services
The following shall and are hereby designated as services for which development charges shall be
payable:
Service
Library
Fire Protection
Parks & Recreation
Services Related to a Highway:
- Public Works
- Roads & Related
Development-Related Studies
Storm Water Drainage and Control
SCHEDULE "B" TO BY-LAW NO. 2024-XX
Schedules of Residential and Non-Residential Development Charges
CHARGE
(i) Townhouses and Row Housing
(i) Buildings, Suites, Apartments or Units containing 2 or
more sleeping areas
Other Residential Development
for each garden suite
$5,830
(iii) Mobile Homes and Park Model Trailers
for each mobile home or park model trailer
$3,265
for each residential building within hunt
$3,265
(d)
(i) Garden Suites
(ii) Residential Buildings Within Hunt Camps
$3,265
$5,830
for each unit, suite, apartment or sleeping
area within the development
(c)
High Density Multiple Unit Residential Development
for each unit, suite, apartment or sleeping
area within the development
(ii) Buildings, Suites, Apartments or Units containing less
than 2 sleeping areas
$6,472
$6,472
for each unit, suite or apartment within the
(b)
Low Density Multiple Unit Residential Development
for each unit
(ii) Triplexes, Quadraplexes and Other Multiples
$7,308
(a)
Single Detached Dwelling, Duplex, and Semi-Detached
Dwelling
for each unit
SCHEDULE OF RESIDENTIAL DEVELOPMENT CHARGES EFFECTIVE JANUARY 1, 2025
SCHEDULE "B-1"
CHARGE TYPE
Effective January
1, 2025
CHARGE
(i) Townhouses and Row Housing
(i) Buildings, Suites, Apartments or Units containing 2
or more sleeping areas
Other Residential Development
for each garden suite
Effective January
1, 2026
SCHEDULE OF RESIDENTIAL DEVELOPMENT CHARGES EFFECTIVE JANUARY 1, 2026
SCHEDULE "B-2"
CHARGE TYPE
(a) Single Detached Dwelling, Duplex, and Semi-
Detached Dwelling
for each unit
(b) Low Density Multiple Unit Residential Development
for each unit
for each unit, suite or apartment within the
$8,849
$7,753
$7,753
(ii) Triplexes, Quadraplexes and Other Multiples
$6,816
(ii) Buildings, Suites, Apartments or Units containing
less than 2 sleeping areas
(c) High Density Multiple Unit Residential Development
for each unit, suite, apartment or sleeping
area within the development
for each unit, suite, apartment or sleeping
area within the development
$4,301
$4,301
$6,816
(ii) Residential Buildings Within Hunt Camps
for each residential building within hunt
$4,301
(d)
(i) Garden Suites
(iii) Mobile Homes and Park Model Trailers
for each mobile home or park model trailer
By-law 2024-110
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Development Charge By-law
CHARGE
i) Townhouses and Row Housing
(i) Buildings, Suites, Apartments or Units containing 2 or
more sleeping areas
Other Residential Development
for each garden suite
CHARGE TYPE
Effective January
1, 2027
SCHEDULE OF RESIDENTIAL DEVELOPMENT CHARGES EFFECTIVE JANUARY 1, 2027
SCHEDULE "B-3"
$10,389
(a) Single Detached Dwelling, Duplex, and Semi-Detached
Dwelling
for each unit
$9,034
$9,034
(b) Low Density Multiple Unit Residential Development
for each unit
(ii) Triplexes, Quadraplexes and Other Multiples
for each unit, suite or apartment within the
$5,337
$7,801
(c) High Density Multiple Unit Residential Development
for each unit, suite, apartment or sleeping
area within the development
(ii) Buildings, Suites, Apartments or Units containing less
than 2 sleeping areas
for each unit, suite, apartment or sleeping
area within the development
$5,337
(ii) Residential Buildings Within Hunt Camps
for each residential building within hunt
$5,337
(d)
(i) Garden Suites
$7,801
(iii) Mobile Homes and Park Model Trailers
for each mobile home or park model trailer
CHARGE
A.
(i) Townhouses and Row Housing
(i) Buildings, Suites, Apartments or Units containing 2 or
more sleeping areas
B.
GENERAL NON-RESIDENTIAL RATE
CHARGE TYPE
Effective January
1, 2025
SCHEDULE "B-4"
CHARGE TYPE
Effective January
1, 2025
RATES APPLICABLE TO COMMERCIAL ACCOMMODATION PREMISES
SCHEDULE OF NON-RESIDENTIAL DEVELOPMENT CHARGES EFFECTIVE JANUARY 1, 2025
$7,308
(a) Single Detached Dwelling, Duplex, and Semi-Detached
Dwelling
for each unit
$6,472
for each unit, suite or apartment within the
development
for each unit
(c) High Density Multiple Unit Residential Development
for each unit, suite, apartment or sleeping
area within the development
(ii) Buildings, Suites, Apartments or Units containing less
than 2 sleeping areas
$6,472
(b) Low Density Multiple Unit Residential Development
(ii) Triplexes, Quadraplexes and Other Multiples
$3,265
$5,830
for each unit, suite, apartment or sleeping
area within the development
$0.00
rate per square metre
CHARGE
A.
(i) Townhouses and Row Housing
(i) Buildings, Suites, Apartments or Units containing 2
or more sleeping areas
B.
GENERAL NON-RESIDENTIAL RATE
CHARGE TYPE
Effective January
1, 2026
SCHEDULE "B-5"
CHARGE TYPE
RATES APPLICABLE TO COMMERCIAL ACCOMMODATION PREMISES
Effective January
1, 2026
SCHEDULE OF NON-RESIDENTIAL DEVELOPMENT CHARGES EFFECTIVE JANUARY 1, 2026
$8,849
(a) Single Detached Dwelling, Duplex, and Semi-
Detached Dwelling
for each unit
$7,753
(ii) Triplexes, Quadraplexes and Other Multiples
(b) Low Density Multiple Unit Residential Development
for each unit
for each unit, suite or apartment within the
development
(c) High Density Multiple Unit Residential Development
for each unit, suite, apartment or sleeping
area within the development
for each unit, suite, apartment or sleeping
area within the development
$7,753
$4,301
$6,816
(ii) Buildings, Suites, Apartments or Units containing
less than 2 sleeping areas
$0.00
rate per square metre
CHARGE
A.
i) Townhouses and Row Housing
(i) Buildings, Suites, Apartments or Units containing 2 or
more sleeping areas
B.
GENERAL NON-RESIDENTIAL RATE
CHARGE TYPE
Effective January
1, 2027
SCHEDULE "B-6"
RATES APPLICABLE TO COMMERCIAL ACCOMMODATION PREMISES
CHARGE TYPE
Effective January
1, 2027
SCHEDULE OF NON-RESIDENTIAL DEVELOPMENT CHARGES EFFECTIVE JANUARY 1, 2027
$10,389
(a) Single Detached Dwelling, Duplex, and Semi-Detached
Dwelling
for each unit
$9,034
$9,034
(b) Low Density Multiple Unit Residential Development
for each unit
(ii) Triplexes, Quadraplexes and Other Multiples
for each unit, suite or apartment within the
development
$5,337
$7,801
(c) High Density Multiple Unit Residential Development
for each unit, suite, apartment or sleeping
area within the development
(ii) Buildings, Suites, Apartments or Units containing less
than 2 sleeping areas
for each unit, suite, apartment or sleeping
area within the development
$0.00
rate per square metre
By-law 2024-110
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Development Charge By-law
SCHEDULE "C-1" TO BY-LAW NO. 2024-XX
Allocation of Residential and Non-Residential Charge by Designated Services
Service
Residential Share
of Total Charge
Non-Residential
Share of Total
Charge
Library
5.6%
0.0%
Fire Protection
16.5%
29.4%
Parks & Recreation
38.3%
0.0%
Services Related to a Highway:
- Public Works
- Roads & Related
20.5%
11.8%
36.5%
21.0%
Development-Related Studies
5.3%
9.5%
Storm Water Drainage and
Control
2.0%
3.6%
Note: The total DC Rates outlined in Schedule B (B1-B6) and Schedule C-2 is comprised of
the services and allocations outlined above in Schedule C-1.
SCHEDULE "C-2" TO BY-LAW NO. 2024-XX
Development Charges by Unit Type and Year of Phase-In
Effective Date
Charge by Unit Type
Non-
Residential
(Charge per
Square Metre)
Singles and
Semis
Rows &
Other
Multiples
Apartments
2+
Bedrooms
Apartments
1 Bedroom or
Less
January 1, 2025
$7,308
$6,472
$5,830
$3,265
$0.00
January 1, 2026
$8,849
$7,753
$6,816
$4,301
$0.00
January 1, 2027
$10,389
$9,034
$7,801
$5,337
$0.00