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THE CORPORATION OF THE TOWN OF GRIMSBY
BY-LAW NO. 21-14
A BY-LAW TO ESTABLISH DEVELOPMENT CHARGES FOR THE TOWN OF
GRIMSBY.
Whereas the Development Charges Act, 1997 (the "Act") provides that the council
of a municipality may by by-law impose development charges against land to pay
for increased capital costs required because of increased needs for services;
And whereas a Development Charges Background Study has been completed in
accordance with the Act;
And whereas Council has before it a report entitled "Town of Grimsby
Development Charge Background Study" prepared by Watson & Associates
Economists Ltd. dated December 21, 2020;
And whereas the Council of the Corporation of the Town of Grimsby has given
notice of and held a public meeting on the 1st day of February, 2021 in
accordance with the Act and the regulations thereto;
Now therefore the Council of the Corporation of the Town of Grimsby enacts as
follows:
1.0 Definitions
In this by-law, "Act" means the Development Charges Act, 1997, as
amended, or any successor thereto;
"Accessory use" means where used to describe a use, building or structure,
that the use, building, or structure is naturally and normally incidental,
subordinate in purpose of floor area or both, and exclusively devoted to a
principal use, building or structure, but is not an ancillary residential building;
"ancillary residential building" means a residential building that would be
ancillary to a detached dwelling, semi-detached dwelling, or row dwelling.
"apartment unit" means any residential dwelling unit within a building
containing three or more dwelling units where access to each residential unit
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is obtained through a common entrance or entrances from the street level
and the residential units are connected by an interior corridor;
"back-to-back townhouse dwelling" means a building containing more than
two dwelling units separated vertically by a common wall, including a rear
common wall, that do not have rear yards;
"bedroom" means a habitable room larger than seven square metres,
including a den, study, or other similar area, but does not include a living
room, dining room or kitchen;
"benefiting area" means an area defined by a map, plan, or legal description
in a front-ending agreement as an area that will receive a benefit from the
construction of a service;
"Board of Education" has the same meaning as that specified in the
Education Act or any successor thereto;
"brownfield" means land located within the urban areas as defined from time
to time in the Town's Official Plan, upon which there has been previous
agricultural, industrial, institutional, or commercial open lands use or other
use as prescribed under the Environmental Protection Act, R.S.O. 1990,
c.E.19 and Ontario Regulation 153/04 thereto, each as amended from time
to time, and for which site remediation is required in accordance with a
Phase 2 Environmental Site Assessment, and for which a Record of Site
Condition has been filed on the Province's Brownfields Environmental Site
Registry pursuant to the Environmental Protection Act, R.S.O. 1900 c.E.19
and Ontario Regulation 153/04 thereto, each as amended from time to time;
"Building Code Act" means the Building Code Act, 1992, as mended; or any
successor thereto;
"cannabis plant" means a plant that belongs to the genus Cannabis.
"Cannabis Production Facilities" means a building, or part thereof, designed,
used, or intended to be used for one or more of the following: cultivation,
propagation, production, processing, harvesting, testing, alteration,
destruction, storage, packaging, shipment or distribution of cannabis where a
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licence, permit or authorization has been issued under applicable federal law
and does include, but is not limited to such buildings as a greenhouse and
agricultural building associated with the use. It does not include a building or
part thereof solely designed, used, or intended to be used for retail sales of
cannabis.
"capital cost" means costs incurred or proposed to be incurred by the
municipality or a local board thereof directly or by others on behalf of and as
authorized by the municipality or local board,
i.
to acquire land or an interest in land, including a leasehold interest,
ii.
to improve land,
iii.
to acquire, lease, construct or improve buildings and structures,
iv.
to acquire, construct or improve facilities including:
a. furniture and equipment other than computer equipment, and
b. materials acquired for circulation, reference or information
purposes by a library board as defined in the Public Libraries Act,
and
c. rolling stock with an estimated useful life of seven years or more,
and
v.
to undertake studies in connection with any matter under the Act and
any of the matters in clauses (i) to (iv), including the development
charge background study 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 (i), (ii),
(iii) and (iv) that are growth related;
"commercial" means any non-residential development not defined under
"institutional" or "industrial";
"Council" means the Council of the municipality;
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"development" means the construction, erection or placing of one or more
buildings or structures on land or the making of an addition or alteration to a
building or structure that has the effect of increasing the size or usability
thereof, and includes redevelopment;
"development charge" means a charge imposed with respect to this by-law.
"dwelling unit" means any part of a 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 culinary and sanitary facilities for
their exclusive use;
"existing industrial building" means a building or buildings existing on site in
the Town of Grimsby on November 8, 2016 or the first building constructed
and occupied on a vacant site pursuant to site plan approval under Section
41 of the Planning Act, R.S.O. c.P.13 of the Planning Act subsequent to this
by-law coming to effect for which full development charges were paid, and is
being used for or in conjunction with:
i.
the production, compounding, processing, packaging, crating,
bottling, packing, or assembling of raw or semi-processed goods or
materials in not less than seventy-five percent of the total gross floor
area of the building or buildings on a site ("manufacturing") or
warehousing related to the manufacturing use carried on in the
building or buildings;
ii.
research or development in connection with manufacturing in not
less than seventy-five percent of the total gross floor area of the
building or buildings on a site;
iii.
retail sales by a manufacturer, if the retail sales are at the site where
the manufacturing is carried out, such retail sales are restricted to
goods manufactured at the site, and the building or part of a building
where such retail sales are carried out does not constitute greater
than twenty-five percent of the total gross floor area of the building or
buildings on the site; or
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iv.
Office or administrative purposes, if they are,
a. carried out with respect to manufacturing or warehousing; and
b. In or attached to the building or structure used for such
manufacturing or warehousing;
"farm building" means that part of a bona fide farming operation
encompassing barns, silos and other ancillary development to an agricultural
use, but excluding a residential use and would include wholesale
greenhouse facilities and structures;
"grade" means the average level of finished ground adjoining a building or
structure at all exterior walls;
"gross floor area" means the total area of all floors above grade of a dwelling
unit measured between the outside surfaces of exterior walls or between the
outside surfaces of exterior walls and the centre line of party walls dividing
the dwelling unit from other dwelling unit or other portion of a building;
In the case of a non-residential building or structure, or in the case of a
mixed-use building or structure in respect of the non-residential portion
thereof, the total area of all building floors above or below grade measured
between the outside surfaces of the exterior walls, or between the outside
surfaces of exterior walls and the centre line of party walls dividing a non-
residential use and a residential use, except for:
- 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;
- loading facilities above or below grade; and
- 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;
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"industrial" means lands, buildings or structures used or designed or
intended for use for manufacturing, processing, fabricating or assembly of
raw goods, transportation and warehousing or bulk storage of goods,
wineries and distilleries, utilities (electric and gas), construction, and includes
office uses and the sale of commodities to the general public where such
uses are accessory to an industrial use, and includes cannabis production
facilities, but does not include the sale of commodities to the general public
through a warehouse club, self-storage or mini-storage facilities;
"institutional" means lands, buildings or structures used or designed or
intended for use by an organized body, society, or religious group for
promoting a public or non-profit purpose and shall include, but without
limiting the generality of the foregoing, places of worship, and special care
facilities;
"live/work unit" means a unit which contains separate residential and non-
residential areas intended for both residential and non-residential uses
concurrently, and shares a common wall or floor with direct access between
the residential and non-residential areas;
"local board" has the same definition as defined in the Development Charges
Act;
"local services" means those services, facilities or things which are under the
jurisdiction of the municipality and are related to a plan of subdivision or
within the area to which the plan relates in respect of the lands under
Sections 41, 51 or 53 of the Planning Act as amended or any successor
thereto;
"mobile home" means any dwelling that is designed to be made mobile, and
constructed or manufactured to provide a permanent residence for one or
more persons, but does not include a travel trailer or tent trailer;
"multiple dwellings" means all dwellings other than single-detached, semi-
detached and apartment house dwellings;
"municipality" means The Corporation of the Town of Grimsby;
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"non-industrial" means all buildings or structures not defined as industrial;
"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
object is to provide housing;
b) 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 object is to provide housing; or
c) a non-profit housing co-operative that is in good standing under the
Co-operative Corporations Act, or any successor legislation.
"non-residential use" means a building or structure of any kind whatsoever
used, designed, or intended to be used for other than a residential use and
includes all commercial, industrial, and institutional uses;
"Official Plan" means the Official Plan adopted for the Town, as amended,
and approved;
"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;
"place of worship" means that part of a building or structure that is exempt
from taxation as a place of worship under the Assessment Act, as amended
or any successor thereto;
"Regulation" means any regulation made pursuant to the Act.
"residential use" means land or buildings, or structures of any kind
whatsoever used, designed, or intended to be used as living
accommodations for one or more individuals;
"row dwelling" means a building containing three or more attached dwelling
units in a single row, each of which dwelling units has an independent
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entrance from the outside and is vertically separated from any abutting
dwelling unit;
"semi-detached dwelling" means a dwelling unit in a residential building
consisting of two dwelling units having one vertical wall or one horizontal
walls, but no other parts, attached or another dwelling unit where the
residential units are not connected by an interior corridor;
"service" (or "service") means those services designated in Schedule "A" to
this by- law;
"servicing agreement" means an agreement between a landowner and the
municipality relative to the provision of municipal services to specified lands
within the municipality;
"single detached dwelling unit" means a residential building consisting of one
dwelling unit and not attached to another structure and includes mobile
homes.
"stacked townhouse dwelling" means a building containing two or more
dwelling units where each dwelling unit is separated horizontally and/or
vertically from another dwelling unit by a common wall or floor;
"Town" means the Corporation of the Town of Grimsby;
2.0 Designation of Services and Classes
2.1 The categories of services and classes of services for which
development charges are imposed under this by-law are as follows:
(a)
Services Related to a Highway;
(b)
Public Works;
(c)
Fire Protection Services;
(d)
Parks and Recreation Services;
(e)
Library Services;
(f)
Stormwater Drainage and Control Services;
(g)
Wastewater Services;
(h)
Water Services; and
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(i)
Growth Studies.
2.2 The components of the services and classes designated in subsection
2.1 are described in Schedule A.
3.0 Application of By-law Rules
3.1 Development charges shall be payable in the amounts set out in this
by-law where:
(a)
the lands are located in the area described in Section 3.2; and
(b)
the development of the lands requires any of the approvals set out
in subsection 3.4(a).
Area to Which By-law Applies
3.2 Subject to subsection 3.3, this by-law applies to all lands in the
geographic area of the Town of Grimsby.
3.3 This by-law shall not apply to lands that are owned by and used for the
purposes of:
(a)
The Town of Grimsby or a local board thereof;
(b)
A board as defined in section 1(1) of the Education Act;
(c)
The Region of Niagara or a local board thereof.
Approvals for Development
3.4
(a)
Development charges shall be imposed on all lands, buildings or
structures that are developed for residential or non-residential
uses if the development requires:
(i)
the passing of a zoning by-law or of an amendment to a
zoning by-law under section 34 of the Planning Act;
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(ii)
the approval of a minor variance under section 45 of the
Planning Act;
(iii) a conveyance of land to which a by-law passed under
subsection 50 (7) of the Planning Act applies;
(iv) the approval of a plan of subdivision under section 51 of the
Planning Act;
(v)
a consent under section 53 of the Planning Act;
(vi) the approval of a description under section 50 of the
Condominium Act; or
(vii) the issuing of a permit under the Building Code Act, 1992 in
relation to a building or structure.
(b)
No more than one development charge for each service
designated in subsection 2.1 shall be imposed upon any lands,
buildings, or structures to which this by-law applies even though
two or more of the actions described in subsection 3.4(a) are
required before the lands, buildings or structures can be
developed.
(c)
Despite subsection 3.4(b), if two or more of the actions described
in subsection 3.4(a) occur at different times, additional
development charges shall be imposed if the subsequent action
has the effect of increasing the need for services.
Exemptions
3.5 Notwithstanding the provisions of this by-law, development charges
shall not be imposed with respect to:
(a)
Development creating or adding an accessory use or accessory
structure not exceeding 10 square metres of gross floor area;
(b)
Bona fide farm (non-residential) buildings including wholesale
greenhouse facilities and structures.
Rules with Respect to an Industrial Expansion Exemption
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3.6 If a development includes the enlargement of the gross floor area of an
existing industrial building, the amount of the development charges that
is payable in respect of the enlargement is determined in accordance
with the following:
i.
Subject to subsection 3.6.iii, if the gross floor area is enlarged by
50 percent or less of the lesser of:
a. the gross floor area of the existing industrial building, or
b. the gross floor area of the existing industrial building before
the first enlargement for which:
(i) an exemption from the payment of development charges
was granted, or
(ii) a lesser development charge than would otherwise be
payable under this by-law, or predecessor thereof, was
paid, pursuant to Section 4 of the Act and this
subsection, the amount of the development charge in
respect of the enlargement is zero;
ii.
Subject to subsection 3.6.iii, if the gross floor area is enlarged by
more than 50 per cent or less of the lesser of:
a. the gross floor area of the existing industrial building, or
b. the gross floor area of the existing industrial building before
the first enlargement for which:
(i) an exemption from the payment of development charges
was granted, or
(ii) a lesser development charge than would otherwise be
payable under this by-law, or predecessor thereof, was
paid, pursuant to Section 4 of the Act and this subsection,
The amount of 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:
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(a) determine the amount by which the enlargement
exceeds 50 per cent of the gross floor area before the
first enlargement, and
(b) divide the amount determined under subsection (a) by
the amount of the enlargement.
iii.
For the purposes of calculating the extent to which the gross floor
area of an existing industrial building is enlarged in subsection 3.6.ii,
the cumulative gross floor area of any previous enlargements for
which:
a. an exemption from the payment of development charges was
granted, or
b. a lesser development charge than would otherwise be payable
under this by-law, or predecessor thereof, was paid, pursuant to
Section 4 of the Act and this subsection, shall be added to the
calculation of the gross floor area of the proposed enlargement.
For the purposes of this subsection, the enlargement must not be
attached to the existing industrial building by means only of a
tunnel, bridge, passageway, canopy, shared below grade
connection, such as a service tunnel, foundation, footing or
parking facility.
Rules with Respect to Exemptions for Intensification of Existing Housing or
New housing
3.7 Notwithstanding the provisions of this by-law, development charges
shall not be imposed with respect to developments or portions of
developments as follows:
(a)
the enlargement to an existing residential dwelling unit;
(b)
one or two additional dwelling units in an existing single detached
dwelling or prescribed ancillary structure to the existing residential
building;
(c)
the creation of additional dwelling units equal to the greater of one
or 1% of the existing dwelling units in an existing residential rental
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building containing four or more dwelling units or prescribed
ancillary structure to the existing residential building;
(d)
the creation of one additional dwelling unit in any other existing
residential building already containing at least one dwelling unit or
prescribed ancillary structure to the existing residential building; or
(e)
the creation of a second dwelling unit in prescribed classes of
proposed new residential buildings, including structures ancillary
to dwellings, subject to the following restrictions:
3.7.1
Notwithstanding subsection 3.7 (b), development charges shall be
imposed if the total gross floor area of the additional one or two units
exceeds the gross floor area of the existing dwelling unit.
3.7.2
Notwithstanding subsection 3.7 (d), development charges shall be
imposed if the additional unit has a gross floor area greater than
(a)
in the case of a semi-detached or row dwelling, the gross floor
area of the existing smallest dwelling unit; and
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(b)
in the case of any other residential building, the gross floor area
of the smallest dwelling unit already contained in the residential
building.
Residential
3.8 The development charges described in Schedule B to this By-law shall
be imposed on residential uses of lands, buildings or structures,
including a dwelling unit accessory to a non-residential use and, in the
case of a mixed use building or structure, on the residential uses in the
mixed use building or structure, including the residential component of
a live/work unit, according to the type of unit, and calculated with
respect to each of the services according to the type of residential use.
Non-Residential Uses
3.9 The development charges described in Schedule B to this By-law shall
be imposed on non-residential uses of lands, buildings or structures,
and, in the case of a mixed-use building or structure, on the non-
residential uses in the mixed-use building or structure, including the
non-residential component of a live/work unit, and calculated with
respect to each of the services according to the gross floor area of the
non residential use.
Reduction of Development Charges with Respect to Redevelopment and
Conversion
3.10 Despite any other provision 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 regard to such redevelopment was, or is to be demolished, in whole
or in part, or converted from one principal use to another principal use
on the same land, in order to facilitate the redevelopment, the
development charges otherwise payable with respect to such
redevelopment shall be reduced by the following amounts:
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a)
in the case of a residential building or structure, or in the case of a
mixed-use building or structure, the residential uses in the mixed-
use building or structure, an amount calculated by multiplying the
applicable development charge under subsection 3.8 of this by-
law by the number, according to type, of dwelling units that have
been or will be demolished or converted to another principal use;
and provided that such amounts shall not exceed, in total, the
amount of the development charges otherwise payable with
respect to the redevelopment.
b)
in the case of a non-residential building or structure or, in the case
of mixed-use building or structure, the non-residential uses in the
mixed-use building or structure, an amount calculated by
multiplying the greater of the applicable development charges
under subsection 3.9 or the calculated rate within the Town of
Grimsby Development Charges Background Study, December 21,
2020, by the gross floor area 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.
c)
where demolition takes place on a brownfield, an application may
be made to the Town Treasurer for an extension of time for the
redevelopment credit of up to three additional years if the
redevelopment has not been able to proceed due to delays in
completing the remediation works. This application must be
received prior to the expiry of this By-law. This application will be
considered by Town Council for approval.
d)
Where an existing Building is converted in whole or in part from
one use (hereinafter referred to in this Section as the "First Use")
to another use,
(i)
the amount of Development Charges payable shall be
reduced by the amount, calculated pursuant to this By-law at
the current Development Charges rates in respect of the
First Use;
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(ii)
the First Use shall be the use as confirmed through the
Town's Building Division and related permit records;
(iii) for greater certainty, and without limiting the generality of the
foregoing, no credit shall be allowed where the converted
Building or part thereof would have been exempt pursuant to
this By-law; and
(iv) the amount of any credit pursuant to this Section shall not
exceed, in total, the amount of the Development Charges
otherwise payable pursuant to this By-law with respect to the
Redevelopment.
Time of Calculation and Payment of Development Charges
3.11 Development charges imposed under this By-law are calculated,
payable, and collected upon issuance of the first building permit for the
development.
3.12 Notwithstanding subsection 3.11, the timing of calculation and payment
of the services related to a highway component of development charge
with respect to an approval of a Plan of Subdivision under section 51 of
the Planning Act, R.S.O., 1990 as amended, shall be addressed in the
subdivision agreement, subject to any applicable exemptions contained
in this By-law, and calculated in accordance with subsections 3.8 and
3.9 and of this by-law.
3.13 Notwithstanding subsections 3.9 and 3.11, development charges for
rental housing and institutional developments are due and payable in 6
installments commencing with the first installment payable on the date
of occupancy, and each subsequent installment, including interest as
provided in the Town's Council approved development charge interest
policy, as may be revised from time to time.
3.14 Notwithstanding subsections 3.9 and 3.11, development charges for
non-profit housing developments are due and payable in 21
installments commencing with the first installment payable on the date
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of occupancy, and each subsequent installment, including interest as
provided in the Town's Council approved development charge interest
policy, as may be revised from time to time.
3.15 Where the development of land results from the approval of a site plan
or zoning by-law amendment received on or after January 1, 2020, and
the approval of the application occurred within two years of building
permit issuance, the development charges under subsections 3.8 and
3.9 shall be calculated on the rates set out in Schedule "B" on the date
of the planning application, including interest. Where both planning
applications apply development charges under subsections 3.8 and 3.9
shall be calculated on the rates, including interest as provided in the
Town's Council approved development charge interest policy, as may
be revised from time to time, payable on the anniversary date each
year thereafter, set out in Schedule "B" on the date of the later planning
application, including interest.
3.16 Despite subsections 3.8 to 3.15, and in accordance with section 27 of
the Act, 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.
Class A Office Deferral Program
4.1 Notwithstanding subsections 3.11 to 3.16, the Town of Grimsby may
offer a deferral for the payment of development charges for Class A
Office developments.
4.2 Eligibility criteria:
4.2.1 Applications must be approved by Council prior to the
issuance of the main building permit.
4.2.2
Following approval by Council the Applicant must pay an
administration fee which shall be $500 unless otherwise
specified in By-law 20-94 (the Town's Consolidated Fee and
Charges By law) or any successor thereof. Upon the joint
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approval of the Town Manager and Director of Finance,
where the costs to prepare and administer the deferral
agreement will exceed the above administration fee the Town
may charge an additional amount to cover such costs and the
Applicant must pay this additional charge.
4.2.3
The property must not be in tax arrears and there cannot be
any outstanding orders on the property from the Town.
4.2.4
The building must either be in the Town's Employment Area
as determined by its Official Plan or, if outside of this area,
the development must either provide significant and unique
community benefits or the development must provide an
important strategic economic advantage to the community as
determined at the sole discretion of the Town and in a
location approved by the Director of Planning.
4.2.5
The deferral must be recommended by Town Staff after they
have conducted an analysis of the request.
4.2.6
The building must be a Class A Office building as determined
by the Director of Planning who shall use the following as a
guide:
4.2.6.1
New office building with a distinctive design,
attractive look, superior exterior finishes on the
curtain wall, superior interior quality finishes in
the main lobby and common areas, four stories
or more and at least 5,000 square meters of
leasable/sellable office area.
4.2.7
Applicants must enter into an agreement with the Town.
4.3 Council may refuse to approve an application that meets all of the
eligibility criteria if it believes it is not in the best interest of either the
Town or the community.
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4.4 The application to defer the payment of development charges shall be
on a form supplied and approved by the Director of Finance.
4.5 Payment of development charges will be deferred to whichever is
earlier:
4.5.1
Eight months following the issuance of an occupancy permit
for a building for which development charges are being
deferred, in whole or in part; or
4.5.2
24 months following the issuance of a main building permit for
a building for which the development charges are being
deferred, in whole or in part.
4.6 One additional deferral of payment for up to six months may be given
by the Town at its sole discretion.
4.6.1
An administration fee of $1,000 shall be paid prior to an
additional deferral of six months going into effect unless
otherwise specified in By-law 20-94 (the Town's Consolidated
Fee and Charges By-law) or any successor thereof. Upon the
joint approval of the Town Manager and Director of Finance,
where the costs to prepare and administer the additional
deferral will exceed the above administration fee the Town
may charge an additional amount to cover such costs and the
Applicant must pay this additional charge prior to the
additional deferral going into effect.
4.7 Interest on deferred development charges shall be at a rate approved
by Council. However, the Development Charges Deferral Agreement
may provide for the waiving of any interest if, when due, the
development charges are paid on time.
4.8 In the event the deferred development charges become payable and
remain unpaid, in whole or in part, or on their due date remain unpaid,
then by entering into an agreement to defer payment of development
charges, the Applicant explicitly agrees that in addition to any other
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remedy available to the Town at law the amount of unpaid development
charges, plus all accrued interest, shall be added to the tax roll(s)
related to the property in a manner deemed appropriate by the Town
and collected in the same manner as taxes, including that the
applicable interest rate that shall apply shall be the rate the Town
charges for unpaid taxes.
4.9 The Applicant agrees that the Development Charges Deferral
Agreement may be terminated by the Town Manager, at his or her sole
discretion, if a building permit for the proposed development is not
applied for within two months of the Town signing the Development
Charges Deferral Agreement.
4.10 The Applicant agrees that the Town has the right to terminate the
Development Charges Deferral Agreement and the deferred
development charges, including interest will therefore become due and
payable in full in the event of any default or breach of the Agreement by
the Applicant with or without notice to the Applicant from the Town.
4.11 Notwithstanding anything in this By-law or the Development Charges
Deferral Agreement the following shall be considered a default or
breach of the agreement:
4.11.1
Where a mortgage, charge, lien, execution, or other
encumbrance affecting the property becomes enforceable
against the property; or,
4.11.2
Where the owner of the property becomes bankrupt, whether
voluntary or involuntary or becomes insolvent or a
receiver/manager is appointed with respect to the property;
or,
4.11.3
If the construction of the building deviates from what the
Director of Planning used to determine the building would be
a Class A Office building and the Director of Planning, at
his/her sole discretion, then no longer agrees that the building
will be Class A Office building; or,
Page 21 of 25
4.11.4
Upon the sale of the property unless the Town agrees in
writing, prior to the sale, to assign the Development Charges
Deferral Agreement to the new owner.
4.12 Any attempt to assign this agreement without the written approval of
the Town is void.
4.13 If there are mixed uses in the building that include uses other than
office then only the development charges related to the office space will
be deferred unless staff recommend that the additional uses are
ancillary to the office use and that the development charges for this
area should also be included in the deferral.
4.14 Development charges may be deferred in whole or in part.
4.15 Council may, at its sole discretion consider applications that do not
meet all eligibility criteria.
Payment by Services
5.0 Despite the payments required under subsection 3.11, Council may, by
agreement, give a credit towards a development charge in exchange
for work that relates to a service for which a development charge is
imposed under this by-law.
Indexing
6.0 Development charges imposed pursuant to this by-law shall be
adjusted annually on January 1st of each year, without amendment to
this by-law in accordance with the Act.
Schedules
7.0 The following schedules to this by-law form an integral part thereof:
Page 22 of 25
Schedule A - Components of Services Designated in subsection 2.1
Schedule B - Residential and Non-Residential Development Charges
Schedule C - Map Denoting Urban Serviced Lands for which full
Development Charges are imposed.
Date By-law in Force
8.0 This By-law shall come into force on the 22nd day of March, 2021.
Date By-law Expires
9.0
This By-law will expire on the 22nd day of March, 2026 unless it is
repealed at an earlier date.
Read a first time and second time this 22nd day of March, 2021.
Read a third time and finally passed this 22nd day of March, 2021.
___________________________
J.A. Jordan, Mayor
____________________________
S. Kim, Town Clerk
Page 23 of 25
Schedule "A"
To By-law 21-14
Components of Services and Classes of
Services Designated in Subsection 2.1
D.C.-Eligible Services:
Services Related to a Highway
Roads and Related
Fire Protection Services
Fire Facilities
Fire Vehicles
Fire Small Equipment and Gear
Parks and Recreation Services
Parkland Development
Parkland Amenities
Parks and Recreation Vehicles and Equipment
Recreation Facilities
Library Services
Library Facilities
Library Collection Materials
D.C.-Eligible Classes:
Public Works
Facilities
Vehicles and Equipment
Growth Studies
Services Related to a Highway
Water Services
Wastewater Services
Stormwater Services
Fire Protection Services
Parks and Recreation Services
Library Services
Emergency Preparedness
Page 24 of 25
Schedule "B"
To By-law 21-14
Schedule of Development Charges
Single and
Semi-Detached
Dwelling
Multiples
Apartments - 2
Bedrooms +
Apartments -
Bachelor and 1
Bedroom
Special
Care/Special
Dwelling Units
Industrial
(per sq.ft. of Gross
Floor Area)
Non-Industrial
(per sq.ft. of Gross
Floor Area)
Town-Wide Services/Classes:
Services Related to a Highway
4,155
2,635
1,611
2,826
1,468
1.25
2.65
Public Works
185
117
72
126
65
0.06
0.11
Fire Protection Services
1,018
692
646
395
360
0.29
0.65
Parks and Recreation Services
6,809
4,630
4,318
2,640
2,406
0.31
0.67
Library Services
1,695
1,153
1,075
657
599
0.08
0.17
Growth Studies
1,632
1,110
1,035
633
577
0.47
1.00
Total Town-Wide Services/Classes
15,494
10,337
8,757
7,277
5,475
2.46
5.24
Urban Services
Stormwater Drainage and Control Services
1,293
879
820
501
457
0.15
0.33
Wastewater Services
400
272
254
155
141
0.12
0.25
Water Services
502
341
318
195
177
0.15
0.31
Total Urban Services
2,195
1,492
1,392
851
775
0.42
0.89
GRAND TOTAL RURAL AREA
15,494
10,337
8,757
7,277
5,475
2.46
5.24
GRAND TOTAL URBAN AREA
17,689
11,829
10,149
8,128
6,250
2.88
6.13
RESIDENTIAL
Service/Class of Service
NON-RESIDENTIAL
Page 25 of 25
Schedule "C"
To By-law 21-14
Map of Urban Serviced Area