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THE CORPORATION OF THE TOWN OF GRIMSBY --
BY-LAW NO. 24-53
| A BY-LAW TO IMPOSE COMMUNITY BENEFITS CHARGES
Whereas authority is given to Council under section 37 of the Planning Act, R.S.O.
1990, c. P.13, as amended (the "Planning Act"), to adopt a community benefits
_ charges by-law;
|
| And whereas The Corporation of the Town of Grimsby ("Town of Grimsby") has
| prepared a community benefits strategy pursuant to subsection 37(9) of the
| Planning Act;
And whereas The Town of Grimsby has consulted with appropriate persons and
| | public bodies in the preparation of this by-law in accordance with subsection
| 37(10) of the Planning Act;
Now therefore the Council of the Corporation of the Town of Grimsby enacts as
| follows: ;
| DEFINITIONS
|
As used in this by-law the following terms shall have the meaning indicated:
| "Appraisal" means an appraisal of land value prepared in accordance with the
Canadian Uniform Standards of Professional Appraisal Practice of the Appraisal
Institute of Canada;
"Basement" means the portion of a building which is partially underground
between the first floor and any floor below the level of the first floor.
| "Building Code Act" means the Building Code Act, 1992, S.O. 1992, c.23, as
amended.
"Building Permit" means a building permit issued by the Chief Building Official
under the authority of the Building Code Act.
| "Building Permit Application" means an application for issuance of a building
| permit submitted to and deemed complete by the Chief Building Official, which
complies with all applicable requirements of the Building Code Act and the Ontario
Building Code, including all applicable law as defined therein, and includes
payment of all applicable fees;
|
"Chief Building Official" means the chief building official for the Town, appointed
pursuant to section 3 of the Building Code Act, or their designate.
"Community Benefits Strategy" means the community benefits strategy
prepared pursuant to subsection 37(9) of the Planning Act.
| "Condominium Act" means the Condominium Act, 1998, S.O. 1998, c.19 as
amended.
"Development or Redevelopment" means any activity or proposed activity in
respect of any land, Building or structure, whether existing or proposed, that
| requires:
| a. the passing of a zoning by-law or of an amendment to a zoning by-
law;
| b. the approval of a minor variance;
| Page 1 of 5
| |
| c. conveyance of land to which a part lot control exemption by-law
| applies;
d. the approval of a plan of subdivision;
e. aconsent to sever;
| f. the approval of a description of a plan of condominium pursuant to
the Condominium Act; or
g. the issuing of a permit under the Building Code Act, in relation to a
building or structure;
_ "Dwelling Unit" means a suite of habitable rooms which:
a. is located in a building;
b. is used or intended to be used in common by one or more persons
as a single, independent and separate housekeeping establishment;
c. contains food preparation and sanitary facilities provided for the
exclusive common use of the occupants thereof; and
d. has a private entrance directly from outside the building or from a
| common hallway or stairway inside the building;
"First Storey" means the storey that has its floor closest to grade and its ceiling
| more than one-point-eight (1.8) metres above the average adjacent grade abutting
| the front yard, but shall not include the basement. For purposes of this bylaw, the
| first storey is deemed to be at or above ground level;
"Grade" means the average elevation of the finished surface of the ground along
| the front elevation of a building or structure, exclusive of any artificial embankment
| abutting | |
| such building or structure. |
|
"Gross Floor Area" means the aggregate of the floor areas of all storeys of a
| building or structure, other than an attic or a cellar, excluding the floor area of any
| private garage.
"In-kind contribution" means facilities, services or matters identified in a
Community Benefits Strategy and required because of development or
| redevelopment provided by an owner of land, in lieu of payment of the community
benefits charges otherwise applicable, in whole or in part.
| "Phase" means a part or parts of a larger development / redevelopment for which
| separate building permit application(s) will be submitted.
|
| "Planning Act" means the Planning Act, R.S.O. 1990, c. P.13 as amended from
_ time to time or any successor thereof.
"Residential Unit" means the same as a dwelling unit.
"Storey" means a level of a building, other than a basement, located between any
floor and the floor, ceiling or roof immediately above it.
"Town" means the Corporation of the Town of Grimsby.
"Value of the Land" means for the purposes of determining the Community
| Benefits Charges payable, the appraised value of the land in an appraisal
| prepared by or for the Town and in accordance with generally accepted appraisal
| | principles and standards.
APPLICATION OF BY-LAW
| 1. Subject to section 2 herein, this by-law applies to all lands within the Town of
| Grimsby.
|
| 2. This by-law shall not apply to land or buildings within the Town of Grimsby that
|| are owned or used for the purposes of:
a. the Town of any local board thereof;
| b. a Board of Education
APPLICATION OF BY-LAW
3. A Community Benefits Charges shall be payable against land to pay for the
capital costs of facilities, services, and matters required for Development or
| Redevelopment of all lands in the geographic area of the Town of Grimsby
| unless section 2 of the By-law applies.
| 4. The Community Benefits Charges shall be imposed on all Development or
Redevelopment of a building or structure with five or more storeys and that -
| adds ten or more Residential Units.
5. The following facilities have been identified as being required, in whole or in
part, to meet the increased need for service arising from the CBC-eligible
| Development or Redevelopment:
| a. Growth-related Studies
| b. Parking Services
c. Bridges, Roads, and Active Transportation |
d. CBC Administration
| e. Fire Services
f. Parkland, Park Development, and Community Facilities
| g. Public Art, Heritage, and Culture
| h. Climate Change Initiatives
i. Affordable Housing
AMOUNT OF CHARGE
| 6. The amount of the Community Benefits Charges payable is 4% of the value of
the land that is the subject of the Development or Redevelopment on the day
before the first building permit is issued in respect of the development or
| redevelopment, multiplied by the ratio of "A" to "B" where,
a. "A" is the gross floor area of any part of a building or structure, which
| part is proposed to be erected or located as part of the Development or
| Redevelopment, and
| b. "B" is the gross floor area of all buildings and structures that will be on
| the land after the Development or Redevelopment.
7. The value of the gross floor area for the types of Development or
Redevelopment set out in section 1 of Ontario Regulation 509/20 to the Act
| shall be deducted from the Community Benefits Charges otherwise payable. |
| 8. In determining the amount of the Community Benefits Charges for a particular
| Development or Redevelopment the Town shall require the owner of the land
in question to provide an appraisal of the Value of the Land to the Town. The
appraisal shall be prepared by an appraiser accredited by the Appraisal
Institute of Canada and at no expense to the Town.
|
|
| =
:
| TIMING OF CALCULATION AND PAYMENT
9. The Community Benefits Charges are payable prior to the issuance of the first
| building permit issued for the Development or Redevelopment.
|
| 10.lf a Development or Redevelopment is to be constructed in phases, each
phase of the development is deemed to be a separate Development or
Redevelopment for the purposes of this by-law and the amount of the
| Community Benefits Charges for each phase is 4% of the value of the land of
that phase on the day before the first building permit for the Development or
Redevelopment of that phase is issued as required in accordance with
section 37(32) of the Planning Acct.
EXEMPTIONS
| 11.The onus is on the owner or applicant to produce evidence to the satisfaction
| of the Town establishing that the owner or applicant is entitled to an
exemption under the provisions of this by-law.
|
| IN-KIND CONTRIBUTIONS |
12. Council may allow an owner of land to provide an In-Kind Contribution in-lieu |
| of payment of a portion or all of the Community Benefits Charges otherwise
| payable. The Council shall advise the owner of the value that will be attributed
to any In-Kind Contribution prior to the owner providing such facilities,
: services and other matters.
|
| 13.Where the Town intends to allow the owner to provide an In-Kind
| Contribution, the Town may require the owner to enter into an agreement with
| the municipality that addresses the provision of the facilities, services or
| matters. |
| 14.In the event that arrangements are made for the provision of the In-Kind
Contribution that are satisfactory to Council, the Community Benefits Charges
| otherwise payable for the Development or Redevelopment shall be reduced
| by the value that the Town has attributed to the In-Kind Contribution.
| 15. Notwithstanding section 12, 13 and 14, any Development or Redevelopment
| or use that is excluded or exempted in this by-law shall not be considered an
In-Kind Contribution for the purposes of subsection 37(8) of the Planning Act.
| PAYMENT UNDER PROTEST AND DISPUTE RESOLUTION
|
16.Where an owner of land is of the view that the amount of the community
benefits charges exceeds 4% of the land value, the owner shall pay the
| charge under protest and within thirty (30) days provide the Town of Grimsby
with an Appraisal of the value of land as of that phase on the day before the
| first building permit for the Development or Redevelopment.
"17. If an owner of land pays under protest but does not provide an Appraisal
within thirty (30) days, the payment is deemed not to have been made under
protest.
|
| 18. If the Town does not dispute the owner's Appraisal, the Town shall refund to
the owner the difference between the amount paid and 4% of the land value
| determined by the owner's Appraisal.
|
| 19. If the Town disputes the value of land identified in the owner's Appraisal, then
| the Town shall provide the owner with an Appraisal of that phase on the day
| before the first building permit for the Development or Redevelopment as of
the valuation date within 45 days of receiving the owner's appraisal, and
| subsection 37(37)-(41) of the Planning Act apply.
|
REVIEW
20. Within five years after this by-law is passed Council shall ensure that a review
of this by-law is undertaken and shall pass a resolution declaring whether a
revision to the by-law is needed and thereafter shall further review the by-law
and pass a resolution within every five years after the previous resolution was
passed.
SHORT TITLE
21.The by-law may be cited as the "Town of Grimsby Community Benefits
Charges By-law'.
Read a first time, considered, and passed this 8c ay of July, 2024. ;
4) J
| OL Mia ll
| JA, Jordan, Mayor
V. Steele, Town Clerk