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The Corporation of the Township of
Guelph/Eramosa
By-Law Number 24/2023
Last consolidated on September 16, 2024. The
Township of Guelph-Eramosa by-laws are provided
Online for convenient public reference. By-laws are
consolidated on an ongoing basis, but recent
amendments may not be reflected in the latest
consolidated version. Check the Amendment History to
get a complete listing of all pertinent regulations. For
further information contact the Township's Clerk office.
A By-law for the imposition of
development charges and to repeal By-law 38/2018,
as amended (Fire Protection Services).
WHEREAS the Development Charges Act, 1997 c. 27 (hereinafter called "the Act")
provides that the council of a municipality may by by-law impose development charges
against land for to pay for increased capital costs required because of increased need
for services;
AND WHEREAS a development charges background study has been completed in
accordance with the Act;
AND WHEREAS the Council of the Township of Guelph/Eramosa has given notice and
held a public meeting on the 3rd day of April, 2023 in accordance with the Act and the
regulations thereto;
NOW THEREFORE THE COUNCIL OF THE TOWNSHIP OF GUELPH/ERAMOSA
ENACTS AS FOLLOWS:
1.0 Definitions
1.1. In this by-law,
1) "Act" means the Development Charges Act, S.O. 1997, c. 27, as amended, or any
successor thereto;
2) "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;
3) "Affordable Residential Unit" means a residential unit that meets the criteria set out
in subsection 4.1(2) or 4.1(3) of the Act;
4) "Ancillary residential building" means a residential building that would be accessory
to a detached dwelling, semi-detached dwelling, or row dwelling;
5) "Apartment unit" means any residential dwelling unit within a building containing
three or more dwelling units where access to each residential unit is obtained
through a common entrance or entrances from the street level and the residential
units are connected by an interior corridor;
6) "Attainable residential unit" means a residential unit that meets the criteria set out in
subsection 4.1(4) of the Act;
7) "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;
8) "Benefitting area" means an are 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;
9) "Board of education" means a board defined in subsection 1(1) of the Education Act,
or any successor thereto;
10)"Building Code Act" means the Building Code Act, R.S.O. 1990, c.B.-13, as
amended, or any successor thereto;
11) "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;
ill. | 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;
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;
v. to undertake studies in connection with any of the matters referred to in
paragraphs (i) to (iv);
vi. costs of the development charge background study required under section
10; and
vii. interest on borrowing for those expenditures under clauses (i) to (iv) above
that are growth-related."
[Amended by Section 1(A) of By-law 27-2024 on December 07, 2020.]
12)"Commercial" means any non-residential development not defined under
"institutional" or "industrial";
13)"Council" means the Council of the Township of Guelph/Eramosa;
14)"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;
15)"Development charge" means a charge imposed pursuant to this By-law;
16) "Dwelling room" means either:
a) each bedroom used, designed, or intended for use by one or more persons
living together in a lodging home, dormitories; or
b) in the case of a special care/special dwelling unit/room, each individual room
or suite of rooms used, designed, or intended for use by one or two persons
with or without exclusive sanitary and/or culinary facilities;
17)"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;
18)"Existing industrial building" means a building or buildings existing on site in the
Township of Guelph/Eramosa on January 1, 2023 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 ona
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 ona
site;
ili. 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
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;
19)"Farm building" means that part of a bona fide farm operation encompassing barns,
silos and other ancillary development to an agricultural use, but excluding a
residential use;
20) "Grade" means the average level of finished ground adjoining a building or structure
at all exterior walls;
21) "Gross floor area" means the total floor 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 units 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 any
of the following:
a) Aroom 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 services the
building;
b) Loading facilities above or below grade;
c) Apart of the building or structure below grade that is used for the parking of
motor vehicles or for storage or other accessory use;
22)"Industrial" means lands, buildings or structures used or designed or intended for
use for manufacturing, processing, fabricating or assembly of raw goods,
warehousing or bulk storage of goods, and includes office uses and the sale of
commodities to the general public where such uses are accessory to an industrial
use, but does not include the sale of commodities to the general public through a
warehouse club;
23)"Institutional" means lands, buildings or structures used or designed or intended for
use by an organized body, society or religious groups for promoting a public or non-
profit purpose;
24)"Local board" has the same definition as defined in the Development Charges Act,
S.O. 1997;
25)"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 R.S.O. 1990, as amended or any successor thereto;
26) "Mezzanine" means an intermediate floor assembly between the floor and ceiling of
any room or storey and includes an interior balcony;
27)"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;
28)"Municipality" means The Corporation of the Township of Guelph/Eramosa;
29)"Non-profit housing development" means development of a building or structure
intended for use as residential premises by,
a) acorporation 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) acorporation 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) anon-profit housing co-operative that is in good standing under the Co-operative
Corporations Act, or any successor legislation;
30) "Non-profit organization" means:
a) a "registered charity" as defined in subsection 248(1) of the Income Tax Act,
R.S.C. 1985, c. 1 (5th Supp.), as amended;
b) acorporation that is a non-profit organization for the purposes of paragraph
57(1)(b) of the Corporations Tax Act, R.S.O. 1990, c. C.40;
31)"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;
32)"Other multiple" means all residential units other than a single detached dwelling,
semi-detached dwelling, apartment dwelling or a special care/special dwelling unit,
including;
33)"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;
34)"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;
35)"Redevelopment" means the construction, erection or placing of one or more
buildings on land where all or part of a building on such land has been previously
demolished, or changing the use of all or part of a building from a residential purpose
to a non-residential purpose or from a non-residential purpose to a residential
purpose, or changing all or part of a building from one form of residential
development to another form of residential development or from one form of non-
residential development to another form of non-residential development;
36)"Regulation" means any regulation made pursuant to the Act;
37) "Rental housing" means development of a building or structure with four or more
dwelling units all of which are intended for use as rented residential premises;
38)"Residential use" means lands, buildings or structures of any kind whatsoever used,
designed or intended to be used as living accommodations for one or more
individuals;
39)"Semi-detached dwelling" means a dwelling unit in a residential building consisting
of two dwelling units having one vertical wall or one horizontal wall, but no other
parts, attached or another dwelling unit where the residential units are not connected
by an interior corridor;
40)"Services" (or "service") means those services set out in Schedule "A" to this By-
law;
41)"Servicing agreement" means an agreement between a landowner and the
municipality relative to the provision of municipal services to specified lands within
the municipality;
42)"Single detached dwelling unit" means a residential building consisting of one
dwelling unit and not attached to another structure and includes mobile homes;
43)"Special care/special dwelling" means a residence
a) containing two or more dwelling rooms, which rooms have common entrance
from street level;
b) where the occupants have the right to use in common with other occupants,
halls, stairs, yards, common room and accessory buildings; and
c) that is designed to accommodate persons with specific needs, including but not
limited to, independent permanent living: arrangements; and where support
services, such as meal preparation, grocery shopping, laundry, housing, nursing,
respite care and attending services are provided at various levels; and includes
but is not limited to retirement homes or lodges, group homes, dormitories, and
hospices;
44)"Township" means the Township of Guelph/Eramosa.
2.0 DESIGNATION OF SERVICES
2.1 The category of service for which development charges are imposed under this by-
law is Fire Protection Services;
2.2 Components of the services 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 Subsection 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 Township.
3.3 This by-law shall not apply to lands that are owned by and used for the purposes of:
a) the Township of Guelph/Eramosa or a "local board" thereof;
b) a "board of education" as defined in Section 1(1) of the Education Act,
R.S.O. 1990;
C) the County of Wellington or a "local board" thereof;
d) Land vested in or leased to a university that receives regular and ongoing
operating funds from the government for the purposes of post-secondary
education is exempt from development charges imposed under the
Development Charges Act, 1997 if the development in respect of which
development charges would otherwise be payable is intended to be
occupied and used by the university.
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 an amendment to a zoning by- law
under Section 34 of the Planning Act, R.S.0. 1990;
(ii)the approval of a minor variance under Section 45 of the Planning Act,
R.S.O. 1990;
(iii) a conveyance of land to which a by-law passed under Subsection 50(7)
of the Planning Act, R.S.0. 1990, 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,
R.S.O. 1990; or
(vii) the issuing of a permit under the Building Code Act S. 0. 1990, 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) an enlargement to an existing dwelling unit;
b) the creation of additional dwelling units equal to the greater of one or 1% of
the existing dwelling units in an existing residential rental building
containing four or more dwelling units or prescribed ancillary structure to
the existing residential building;
3.6 Notwithstanding the provisions of this By-law, development charges shall not be
imposed with respect to the creation of any of the following in existing houses:
a) Asecond residential unit in an existing detached house, semi-detached
house or rowhouse on a parcel of land on which residential use, other
than ancillary residential use, is permitted, if all buildings and structures
ancillary to the existing detached house, semi-detached house or
rowhouse cumulatively contain no more than one residential unit.
b) A third residential unit in an existing detached house, semi-detached
house or rowhouse on a parcel of land on which residential use, other
than ancillary residential use, is permitted, if no building or structure
ancillary to the existing detached house, semi-detached house or
rowhouse contains any residential units.
c) One residential unit in a building or structure ancillary to an existing
detached house, semi-detached house or rowhouse on a parcel of urban
residential land, if the existing detached house, semi-detached house or
rowhouse contains no more than two residential units and no other
building or structure ancillary to the existing detached house, semi-
detached house or rowhouse contains any residential units.
3.7 Notwithstanding the provisions of this By-law, development charges shall not be
imposed with respect to the creation of any of the following in new residential
buildings:
a) Asecond residential unit in a new detached house, semi-detached house
or rowhouse on a parcel of land on which residential use, other than
ancillary residential use, is permitted, if all buildings and structures
ancillary to the new detached house, semi-detached house or rowhouse
cumulatively will contain no more than one residential unit
b) A third residential unit in a new detached house, semi-detached house or
rowhouse on a parcel of land on which residential use, other than ancillary
residential use, is permitted, if no building or structure ancillary to the new
detached house, semi-detached house or rowhouse contains any
residential units
c) One residential unit in a building or structure ancillary to a new detached
house, semi-detached house or rowhouse on a parcel of urban residential
land, if the new detached house, semi-detached house or rowhouse
contains no more than two residential units and no other building or
structure ancillary to the new detached house, semi-detached house or
rowhouse contains any residential units
3.8 Exemption for Industrial Development:
3.8.1 Notwithstanding any other provision of this by-law, there shall be an exemption
from the payment of development charges for one or more enlargements of an
existing industrial building on its site, whether attached or separate from the
existing industrial building, up to a maximum of fifty percent of the gross floor
area before the first enlargement for which an exemption from the payment of
development charges was granted pursuant to the Development Charges Act or
this subsection. Development charges shall be imposed in accordance with this
by-law with respect to the amount of the floor area of an enlargement that results
in the gross floor area of the industrial building being increase by greater than
fifty percent of the gross floor area of the existing industrial building.
3.8.2 If the gross floor area of an existing industrial building is enlarged by greater than
50 percent, the amount of the development charge payable in respect of the
enlargement is the amount of the development charge that would otherwise be
payable multiplied by the fraction determined as follows:
1) determine the amount by which the enlargement exceeds 50 percent of the
gross floor area before the enlargement;
2) divide the amount determined under subsection 1) by the amount of the
enlargement
3.8.3 For the purpose of section 3.8 herein, "existing industrial building" is used as
defined in section 1 herein.
3.9 Other Exemptions/Reductions
3.9.1 Notwithstanding the provision of this By-law, development charges shall not be
imposed with respect to:
e lands, buildings or structures used or to be used for a place of worship or for the
purposes of a cemetery or burial ground exempt from taxation under the
Assessment Act, R.S.O. 1990;
e the development of non-residential farm buildings constructed for bona fide
farming uses;
e¢ non-profit housing development; or
e Affordable housing units required pursuant to section 34 and 16(4) of the
Planning Act (Inclusionary Zoning).
3.9.2 Once proclamation is received by the Lieutenant Governor, the following shall be
exempt from development charges:
e Affordable residential units; or
e Attainable residential units.
3.10 Discounts for Rental Housing (for profit)
The D.C. payable for rental housing developments, where the residential units are
intended to be used as a rented residential premises will be reduced based on the
number of bedrooms in each unit as follows:
e Three or more bedrooms -- 25% reduction;
e Two bedrooms -- 20% reduction; and
e All other bedroom quantities -- 15% reduction.
Amount of Charges
Residential
3.11. 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,
according to the type of residential unit, and calculated with respect to each of
the services according to the type of residential use.
Non-Residential Uses
3.12 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 and calculated with respect to each of the
services according to the gross floor area of the non-residential use.
Reduction of Development Charges Where Redevelopment
3.14 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 48 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:
a) Inthe 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 3.11 and 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 applicable development
charges under subsection 3.12 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.
Time of Payment of Development Charges
3.15 Development charges imposed under this section are payable upon issuance of
the first building permit with respect to each dwelling unit, building or structure.
3.16 Notwithstanding subsection 3.15 development charges for rental housing and
institutional developments are due and payable in 6 equal annual payments
commencing with the first instalment payable on the earlier of the date the first
occupancy permit is granted or the date of first occupancy, and each subsequent
instalment, including interest calculated in accordance with section 26.3 of the
Act.
3.17 "Where the development of land results from the approval of a site plan or zoning
by-law amendment application received on or after January 1, 2020, and the
approval of the application occurred within the timing set out in the Act, the
development charges under Sections 3.11 and 3.12 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
Sections 3.11 and 3.12 shall be calculated on the rates, including interest
calculated in accordance with section 26.3 of the Act, payable on the anniversary
date each year thereafter, set out in Schedule "B" on the date of the later
planning application, including interest."
[Amended by Section 1 of By-law 44/2024, September 16, 2024]
3.18 Despite sections 3.15 to 3.17, Council from time to time, and at any time, may
enter into agreements providing for all or any part of a development charge to be
paid before or after it would otherwise be payable, in accordance with section 27
of the Act.
4.00 PAYMENT BY SERVICES
4.1 Despite the payments required under Subsections 3.11 and 3.12, 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.
5.0 INDEXING
5.1 Development charges imposed pursuant to this by-law shall be adjusted annually,
without amendment to this by-law, commencing on January 1, 2024 and each
January 1 annually thereafter, in accordance with the Statistics Canada Quarterly
Construction Price Statistics.
6.0 SCHEDULES
The following schedules to this by-law form an integral part thereof:
Schedule "A" - Components of Services Designated in Subsection 2.1
Schedule "B"- Residential and Non-Residential Development Charges Township-wide
7.0 DATE BY-LAW IN FORCE
7.1 This by-law shall come into force upon passage.
8.0 DATE BY-LAW EXPIRES
8.1. This by-law will expire as of 10 years from the date of passage, unless it is
repealed at an earlier date.
9.0 REPEAL
9.1 | Upon the coming into force of this by-law, By-law 38/2018 and Amending By-law
3/2020 are hereby repealed.
READ three times and finally passed
this 8th day of May, 2023.
Chris White, Mayor
Amanda Knight, Clerk
SCHEDULE "A"
TO BY-LAW NO. 24/2023
DESIGNATED MUNICIPAL SERVICES UNDER THIS BY-LAW
Fire Protection Services
Fire Stations
Fire Vehicles
Small Equipment and Gear
SCHEDULE "B"
TO BY-LAW 24/2023
SCHEDULE OF DEVELOPMENT CHARGES
RESIDENTIAL NON-RESIDENTIAL
Service/Class of Service Single and Semi- 7 Apartments - Special
" " Detached Other Multiples a sabi 3 Bachelor and 1 Care/Special (pera hes)
Dwelling Bedroom Dwelling Units
Township Wide Services/Class of
Service:
Fire Protection Services 1,194 800 702 450 422 0.36
AMENDMENT HISTORY
By-law for the imposition of development charges and to repeal By-law 38/2018,
as amended (Fire Protection Services)
DATE BY-LAW AUTHORITY CONSOLIDATED
(YYYY/MM/DD)
; ltem 12.1, Report 20-03, Reqular
2023/05/08 24-2023 Council Meetin va
; ltem 9.2, Report 24-04, Reqular
2024/07/08 2/-2024 Council Meetin ~S
ltem 12.1, By-law 44/2024,
2021/09/16 44/2024 Regular Meeting of Council v