By-law No. 2022-0042 - A By-law to Establish Development Charges for the Town of Halton Hills
Halton Hills, Ontario
· No. 2022-0042
· adopted 2022-07-04
· summary & facts
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LQ t | ) TOWN OF
BY-LAW NO. 2022- 0042
A By-law to Establish Development Charges for the Town of Halton
Hills and to repeal By-law Number 2017-0049 and By-law Number
2017-0073.
WHEREAS section 2 (1) of the Development Charges Act, 1997, S.O. 1997, c. 27, as
amended (the "Act") provides that the council of a municipality may pass By-laws for the
imposition of development charges against land for the increased Capital Costs required
because of the need for services arising from Development in the area to which the By-law
applies;
AND WHEREAS the Council of the Corporation of the Town of Halton Hills (the "Town") has
given Notice in accordance with section 12 of the Act of its intention to pass a By-law under
section 2 of the Act;
AND WHEREAS the Council of the Town has heard all persons who applied to be heard,
no matter whether in objection to, or in support of, the Development Charge proposal at a
public meeting held on May 2, 2022;
AND WHEREAS the Council of the Town had before it a report entitled Development
Charge Background Study dated April 15, 2022, prepared by Watson & Associates
Economists Ltd., wherein it is indicated that the Development of any land within the Town
will increase the need for Services as defined herein;
AND WHEREAS the Council of the Town has indicated its intent that the future excess
capacity identified in the Study shall be paid for by the Development Charges or other similar
charges;
AND WHEREAS on July 4, 2022, Council for the Town of Halton Hills approved,
through Report No. CORPSERV-2022-0018 dated June 14, 2022, the Development
Charge Background Study dated April 15, 2022, in which certain recommendations
were made relating to the establishment of a Development Charge policy for the Town
pursuant to the Act, thereby determining that no further public meetings were required
under section 12 of the Act.
NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE
CORPORATION OF THE TOWN OF HALTON HILLS ENACTS AS FOLLOWS:
DEFINITIONS
1. In this by-law,
(1) "Act" means the Development Charges Act, 1997, S.O. 1997, c. 27, as
amended;
(2) "Accessory Use" means a use of land, Building or structures which is
incidental and subordinate to the principal use of the lands and Buildings;
(3) "Agricultural," when used to describe a use or Development means a use
or Development that is a bona fide farming operation including,
notwithstanding the generality of the foregoing, greenhouses which are not
connected to Regional water and wastewater services, sod farms and
breeding and boarding of horses including barns, silos and other ancillary
Development to such Agricultural Development but excluding any residential,
commercial, industrial, or retail Development and does not include cannabis
production facilities;
(4) "Air-supported Structure" means a structure consisting of a pliable
membrane that achieves and maintains its shape and support by internal air
pressure;
(5) "Apartment Dwelling" means a Building containing more than one Dwelling
Unit where the units are connected by an interior corridor. Notwithstanding
the foregoing, an Apartment Dwelling includes a Stacked Townhouse
Dwelling or a Back-to-back Townhouse Dwelling that is developed on a block
approved for Development at a minimum density of sixty (60) units per net
hectare pursuant to plans and drawings approved under section 41 of the
Planning Act;
(6) "Back-to-back Townhouse Dwelling" means a Building containing four or
more Dwelling Units separated vertically by a common wall, including a rear
common wall, that do not have rear yards;
(7) "Bedroom" means a habitable room of at least seven (7) square metres,
including a den, study, loft, or other similar area, but does not include a living
room, dining room, kitchen, or other space;
(8) "Board of Education" means a board defined in subsection 1 (1) of the
Education Act, R.S.O. 1990, c. E.2, as amended;
(9) "Building Code Act" means the Building Code Act, 1992, S.O. 1992, c. 23
as amended;
(10) "Building" means a permanent enclosed structure occupying an area
greater than ten square metres (10 m?) and, notwithstanding the generality of
the foregoing, includes, but is not limited to:
(a) | An above-grade storage tank;
(6) = An air-supported structure;
(c) -- An industrial tent;
(d) A roof-like structure over a gas-bar or service station; and
(e) | Anarea attached to and ancillary to a retail Development delineated
by one or more walls or part walls, a roof-like structure, or any one or
more of them;
(11) "Cannabis" means:
(a) | acannabis plant;
(6) any part of a cannabis plant, including the phytocannabinoids
produced by, or found in, such a plant regardless of whether that part
has been processed or not;
(c) | any substance or mixture of substances that contains or has on it any
part of such a plant; and
(d) any substance that is identical to any phytocannabinoid produced by,
or found in, such a plant, regardless of how the substance was
obtained;
(12) "Cannabis plant" means a plant that belongs to the genus Cannabis;
(13) "Cannabis Production Facilities" means a building, or part thereof,
designed, used, or intended to be used for one or more of the following:
growing, production, processing, harvesting, testing, alteration, destruction,
storage, packaging, shipment, or distribution of cannabis where a license,
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;
(14) "Capital Cost" means costs incurred or proposed to be incurred by the Town
or a Local Board thereof directly or by others on behalf of and as authorized
by the Town or Local Board:
(a) to acquire land or an interest in land, including a leasehold interest,
(b) to improve land,
(c) to acquire, lease, construct or improve Buildings and structures,
(d) to acquire, lease, construct or improve facilities including (but not
limited to),
(i) rolling stock with an estimated useful life of seven years or more,
(ii) | furniture and equipment other than computer equipment; and
(iii) materials acquired for circulation, reference or information
purposes by a library board as defined in the Public Libraries
Act, R.S.O. 1990 c. P.44, as amended
(e) to undertake studies in connection with any of the matters referred to
in clauses (a) to (d),
(f) | to complete the Development Charge background study under section
10 of the Act, and
(g) interest on money borrowed to pay for costs in (a) to (d).
(15) "Charitable Dwelling" means a part of a residential building or a part of the
residential portion of a mixed-use building maintained and operated by a
corporation approved under the Long-Term Care Homes Act, 2007, S.O.
2007, c.8, as amended or successor legislation as a home or joint home, an
institution, or nursing home for persons requiring residential, specialized or
group care and includes a children's residence under the Child and Family
Services Act, R.S.O. 1990, c. C.11, as amended or successor legislation,
and a home for special care under the Homes for Special Care Act, R.S.O.
1990, c. H.12, as amended or successor legislation;
(16) "Council" means the Council of the Corporation of the Town of Halton Hills;
(17) "Correctional group home" means a residential building or the residential
portion of a mixed-use building containing a single housekeeping unit
supervised on a twenty-four (24) hour basis on site by agency staff on a shift
rotation basis, and funded wholly or in part by any government or its agency,
or by public subscription or donation, or by any combination thereof, and
licensed, approved or supervised by the Ministry of Correctional Services as
a detention or correctional facility under any general or special act as
amended or successor legislation. A correctional group home may contain an
office provided that the office is used only for the operation of the correctional
group home in which it is located;
(18) "Development" means the construction, erection or placing of one or more
Buildings on land or the making of an addition or alteration to a Building that
has the effect of increasing the size thereof, and includes Redevelopment;
(19) "Development Charge" means a charge imposed pursuant to this by-law;
(20) "Dwelling Unit" means a room or suite of rooms used, or designed or
intended for use by, one person or persons living together, in which culinary
and sanitary facilities are provided for the exclusive use of such person or
persons, except in the case of a Special Care/Special Need Dwelling, as
defined in this By-law, in which case a Dwelling Unit shall mean a room or
suite of rooms designated for Residential occupancy with or without
exclusive sanitary and/or culinary facilities;
(21) "Farm Building" means that part of a farming operation encompassing
barns, silos and other Accessory Use to a bona fide Agricultural use or "value
add" buildings of a commercial or retail nature for the farming operation or
farm help quarters for the farming operation workers but excluding a
Residential use;
(22) "Grade" means the average level of finished ground adjoining a Building or
structure at all exterior walls;
(23) "Gross Floor Area" means the Total Floor Area, measured from the outside
of exterior walls, or between the outside of exterior walls and the centre line
of party walls dividing the Building from another Building, of all floors above
Grade, and,
(a) -- includes the area of a Mezzanine; and
(b) | excludes those areas used exclusively for parking garages or parking
structures; and
(c) | where the building has only one wall or does not have any walls, the
total floor area shall be the total of the areas directly beneath any roof-
like structure of the building;
(24) "Group home" means a residential building or the residential portion of a
mixed-use building containing a single housekeeping unit which may or may
not be supervised on a twenty-four (24) hour basis on site by agency staff on
a shift rotation basis, and funded wholly or in part by any government or its
agency, or by public subscription or donation, or by any combination thereof
and licensed, approved or supervised by the Province of Ontario for the
accommodation of persons under any general or special act as amended or
successor legislation;
(25) "Hospice" means a building or portion of a mixed-use building designed and
intended to provide palliative care and emotional support to the terminally ill
in a home or homelike setting so that the quality of life is maintained, and
family members may be active participants in care;
(26) "Industrial," when used to describe a use or Development, means a use or
Development used for, or in connection with,
(a) manufacturing, producing, processing, storing or distributing
something;
(b) research or development in connection with manufacturing, producing
or processing something;
(c) retail sales by a manufacturer, producer or processor of something
they manufactured, produced or processed, if the retail sales are at
the site where the manufacturing, production, or processing takes
place;
(d) -- office or administrative purposes, if they are,
(i) | carried out with respect to manufacturing, producing, processing,
storage or distributing of something, and
(ii) in or attached to the Building or structure used for that
manufacturing, producing, processing, storage or distribution;
(e) does not include self-storage facilities or retail warehouses;
(27) "Institutional" means development of a building or structure intended for
use:
(a) | asalong-term care home within the meaning of subsection 2 (1) of
the Long-Term Care Homes Act, 2007;
(6) asaretirement home within the meaning of subsection 2 (1) of the
Retirement Homes Act, 2010;
(c) by any institution of the following post-secondary institutions for the
objects of the institution:
(i) | auniversity in Ontario that receives direct, regular and ongoing
operation funding from the Government of Ontario;
(ii) | acollege or university federated or affiliated with a university
described in subclause (i); or
(iii) an Indigenous Institute prescribed for the purposes of section 6
of the /ndigenous Institute Act, 2017;
(d) |©asamemorial home, clubhouse or athletic grounds by an Ontario
branch of the Royal Canadian Legion; or
(e) asa hospice to provide end of life care;
(28) "Local Board" means a municipal service board, public utility commission,
transportation commission, public library board, board of park management,
board of health, police services board, planning board, or any other board,
commission, committee, body or local authority established or exercising any
power or authority under any general or special Act with respect to any of the
affairs or purposes of one or more municipalities or parts thereof, other than
a board defined in section 1 (1) of the Education Act and a conservation
authority;
(29) "Lot Coverage" means the Total Floor Area compared with the total lot area;
(30) "Mezzanine" means an intermediate floor assembly between the floor and
ceiling of any room or storey and includes an interior balcony;
(31) "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 otherwise
designed, as long as no building permit or foundation permit is required. A
Mobile Home is classified as a Multiple Dwelling for the purposes of this By-
law;
(32) "Multiple Dwelling" includes all dwellings other than a Single Detached
Dwelling, a Semi-detached Dwelling, an Apartment Dwelling, and a Special
Care/Special Need Dwelling and includes a Mobile Home;
(33) "Non-Industrial" when used to describe a use or Development, means a
use or Development consisting of land, Buildings or structures, or portions
thereof, used, or designed or intended for a use other than as a Residential
Development or Industrial Development;
(34) "Non-profit housing development" means development of a building or
structure intended for use as residential premises by:
(a) 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;
(6) | 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 objective is to provide housing; or
(c) a non-profit housing co-operative that is in good standing under the
Co-operative Corporations Act;
(35) "Non-Residential" when used to describe a use or Development, means a
use or Development consisting of land, Buildings or structures, or portions
thereof, used, or designed or intended for a use other than as a Residential
Development;
(36) '"Non-Retail Development" means any non-residential development which
is not a retail development, and shall include offices that are not part of a
retail development;
(37) "Official Plan" means the Official Plan of the Town and any amendments
thereto;
(38) "Owner" means the owner of land or a person who has made application for
an approval of the Development of land upon which a Development Charge
is imposed;
(39) "Place of Worship" means any Building or part thereof that is exempt from
taxation as a place of worship pursuant to paragraph 3 of section 3 of the
Assessment Act, R.S.O. 1990, c. A.31, as amended or successor legislation;
(40) "Planning Act" means the Planning Act, R.S.O. 1990, c. P.13, as amended;
(41) "Public Hospital" means a Building or structure, or part of a Building or
structure, that is defined as a hospital under the Public Hospitals Act, R.S.O.
1990 c. P.40, as amended;
(42) "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
previously been 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;
(43) "Regulation" means any regulation made pursuant to the Act;
(44) "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;
(45) "Residential," when used to describe a use or Development, means a use
or Development consisting of land, Buildings or structures, or portions
thereof, used, or designed or intended for use as a home or residence for
one or more individuals, and shall include a Single Detached Dwelling, a
Semi-detached Dwelling, a Multiple Dwelling, an Apartment Dwelling, a
Special Care/Special Need Dwelling, and the residential portion of a mixed-
use Building or structure;
(46) "Retail" means lands, buildings, structures or any portions thereof, used,
designed or intended to be used for the sale, lease or rental or offer for sale,
lease or rental of any manner of goods, commodities, services or
entertainment to the public, for consumption or use, whether directly or
through membership, but hall exclude commercial, industrial, hotels/motels,
as well as offices not located within or as part of a retail development, and
self-storage facilities;
(47) "Retail development" means a development of land or buildings which are
designed or intended for retail;
(48) "Seasonal structure" means a building placed or constructed on land and
used, designed or intended for use for a non-residential purpose during a
single season of the year where such building is designed to be easily
demolished or removed from the land at the end of the season;
(49) "Semi-detached Dwelling" means a Building, or part of a Building, divided
vertically into two Dwelling Units each of which has a separate entrance and
access to Grade;
(50) "Services" means those services designated in Schedule "A" to this By- law;
(51) "Single Detached Dwelling" means a completely detached Building
containing only one Dwelling Unit;
(52) "Special Care/Special Need Dwelling" means a Building, or part of a
Building:
(a) containing two or more Dwelling Units which units have a common
entrance from street level;
(6) where the occupants have the right to use, in common with other
occupants, halls, stairs, yards, common rooms and accessory
Buildings;
(c) -- that is designed to accommodate persons with specific needs,
including but not limited to, independent permanent living
arrangements; and
(d) -- where support services, such as meal preparation, grocery shopping,
laundry, housekeeping, nursing, respite care and attendant services
are provided at any one or more various levels;
and includes, but is not limited to, retirement homes or lodges, charitable
dwellings, group homes (including correctional group homes) and hospices;
(53) "Stacked Townhouse Dwelling" means a Building, or part of 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;
(54) "Total Floor Area":
(a) includes the sum of the total areas of the floors in a Building whether
at, above or below grade, measured:
(i) | between the exterior faces of the exterior walls of the Building;
(ii) | from the centre line of a common wall separating two uses; or
(iii) from the outside edge of a floor where the outside edge of the
floor does not meet an exterior or common wall; and
(b) includes the area of a Mezzanine;
(c) | excludes those areas used exclusively for parking garages or
structures; and
(d) -- where a Building has only one wall or does not have any walls, the
Total Floor Area shall be the total of the area directly beneath any
roof-like structure of the Building;
(55) "Temporary Non-Residential Unit" means a Building or structure, or part of
a Building or structure, that is used for Non-residential purposes for a limited
period of time up to a maximum of three (3) years, and includes, but is not
limited to, a sales trailer, an office trailer and an Industrial tent, provided it
meets the criteria in this definition; and
(56) "Temporary Residential Unit" means a Building or structure, or part of a
Building or structure, used for Residential purposes for a limited period of
time up to a maximum of three (3) years.
SCHEDULE OF DEVELOPMENT CHARGES
2.
(1) | Subject to the provisions of this By-law, the Development Charge relating to
Services shall be determined in accordance with the following:
(a) | Council hereby determines that the Development or Redevelopment
of land, Buildings or structures for Residential and Non-residential
uses will require the provision, enlargement or expansion of the
Services referenced in Schedule "A"; and
(b) In the case of Residential Development, or the Residential portion of a
mixed-use Development, the Development Charge shall be the sum of
the products of:
(i) | the number of Dwelling Units of each type, multiplied by,
(ii) | the corresponding total dollar amount for such Dwelling Unit as
set out in Schedule "B',
further adjusted by section 15; and
(c) In the case of Industrial Development, or the Industrial portion of a
mixed-use Development, the Development Charge shall be the sum of
the products of:
(i) | the Total Floor Area of the Industrial Development or portion,
multiplied by,
(ii) | the corresponding total dollar amount per square foot of Total
Floor Area as set out in Schedule "B",
further adjusted by section 15; and
(d) In the case of Non-Industrial Development, or the Non-Industrial
portion of a mixed-use Development, the Development Charge shall
be the sum of the products of:
(i) | the Total Floor Area of such Development multiplied by,
(ii) | the corresponding total dollar amount per square foot of Total
Floor Area as set out in Schedule "B",
further adjusted by section 15; and
(e) In the case of Non-residential Development, or the Non-residential
portion of a mixed-use Development, the Development Charges may
be reduced based on the amount of Lot Coverage as follows:
(i) the current applicable Development Charge rate shall be applied
if Total Floor Area of the Non-residential portion of the
Development is less than or equal to one (1) times the lot area,
(ii) 50% of the current applicable Development Charge rate shall be
applied to the portion of the Total Floor Area of the Non-
residential portion of the Development that is greater than one
(1) times the lot area and less than or equal to one and one-half
(1.5) times the lot area,
(iii) 25% of the current applicable Development Charge rate shall be
applied to the portion of the Total Floor Area of the Non-
residential portion of the Development that is greater than one
and one-half (1.5) times the lot area,
further adjusted by section 15.
APPLICABLE LANDS
3.
(1) | Subject to the exceptions and exemptions described in the following
subsections, this By-law applies to all lands in the Town, whether or not the
land or use is exempt from taxation under section 3 of the Assessment Act,
R.S.O. 1990, c.A.31 as amended.
(2) | This By-law shall not apply to land that is owned by and used for the
purposes of:
(a) a Board of Education;
(b) any municipality or Local Board thereof;
(c) | aPlace of Worship and land used in connection therewith, if exempt
from taxation under section 3 of the Assessment Act, R.S.O. 1990, c.
A31, as amended;
(d) a Public Hospital;
(e) | aNon-residential Building in connection with an Agricultural use
including "farm help quarters" for farming operation workers and farm
storage structures;
(f) | aconservation authority;
(g) | seasonal structures.
(3) | Charities, non-profit, and not-for-profit organizations may apply to Council to
seek relief from Development Charges if they meet the following criteria:
(a) the Building must be used for the exclusive or intended use of the
organization;
(b) the organization must have a valid registration number;
(c) -- the organization must have been in existence for a period of at least
three (3) years immediately prior to the application;
(d) -- the organization must be willing to sign an undertaking under seal
agreeing that it will pay the Development Charges if the property
ownership is transferred to a non-charitable organization within three
(3) years of the date of the building permit issuance, unless the
transfer is part of the agreed-upon business or purpose of the
organization; and
(e) the use of the Building must be directly related to the core business or
purpose of the organization.
(4) | Development Charges are not payable in respect of a Temporary Residential
Unit where the Owner signs an undertaking under seal to remove the
structure within three (3) years after the date of issuance of the building
permit.
(5) | Development Charges are not payable in respect of a Temporary Non-
Residential Unit where the Owner signs an undertaking under seal to remove
the structure within three (3) years after the date of building permit issuance.
(6) This By-law shall not apply to that category of exempt Development
described in section 2 (3) of the Act and section 2 of O. Reg. 82/98, as
amended, namely:
(a) the enlargement to an existing residential dwelling unit;
(b) the creation of a maximum of two additional dwelling units in an
existing single detached dwelling or structure ancillary to such
dwelling. The total gross floor area of the additional dwelling unit or
units must be less than or equal to the gross floor area of the dwelling
unit already in the existing residential building/dwelling;
(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
building containing four or more dwelling units or within a structure
ancillary to such residential building;
(d) -- the creation of one additional dwelling unit in any other existing
residential building/dwelling or within a structure ancillary to such
residential building/dwelling. The gross floor area of the additional
dwelling unit must be less than or equal to the gross floor area of the
dwelling unit already in the existing residential building/dwelling; 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:
Name of Class of
Proposed New Description of Class of Proposed New er
ie Residential Residential Buildings SBS GSS
Buildings
Proposed new residential buildings that The proposed new detached dwelling
would not be attached to other buildings must only contain two dwelling units.
and that are permitted to contain a second | Th d detached dwelli
1. detached dwellings dwelling unit, that being either of the two must be located on a parcel of land
dwelling units, if the units have the same on which no other detached dwelling,
gross floor area, or the smaller of the semi-detached dwelling or row
dwelling units. dwelling would be located.
The proposed new semi-detached
Proposed new residential buildings that dwelling or row dwelling must only
would have one or two vertical walls, but contain two dwelling units.
Proposed new no other parts, attached to other buildings The proposed new semi-detached
semi-detached and that are permitted to contain a second : :
2. F : : p : dwelling or row dwelling must be
dwellings or row dwelling unit, that being either of the two :
dwellings dwelling units, if the units have the same located on a parcel of land on which
ross floor area or the smaller of the no other detached dwelling, semi-
Ow lling unit , detached dwelling or row dwelling
ening S. would be located.
The proposed new detached
dwelling, semi-detached dwelling or
Proposed new row dwelling, to which the proposed
residential buildings new residential building would be
that would be Proposed new residential buildings that ancillary, must only contain one
ancillary to a would be ancillary to a proposed new dwelling unit.
3. proposed new detached dwelling, semi-detached The gross floor area of the dwelling
detached dwelling, | dwelling or row dwelling and that are unit in the proposed new residential
semi-detached permitted to contain a single dwelling unit. | building must be equal to or less than
dwelling or row the gross floor area of the detached
dwelling dwelling, semi-detached dwelling or
row dwelling to which the proposed
new residential building is ancillary.
(f) | Notwithstanding subsection (6) (a), Development Charges shall be
imposed, calculated and collected in accordance with this By-law
where the total Gross Floor Area of the additional Dwelling Units is
greater than the total Gross Floor Area of the existing Single Detached
Dwelling Unit;
(g) | Notwithstanding section (6) (b), Development Charges shall be
imposed, calculated and collected in accordance with this By-law
where the additional Dwelling Unit has a Residential Gross Floor Area
greater than, the Residential Gross Floor Area of the smallest existing
Dwelling Unit.
(7) |The exemptions and exceptions respecting Industrial Development that are
described in section 4 of the Act also apply under this By-law, namely:
(a) If the Gross Floor Area of an existing Industrial Building is enlarged by
50 percent or less the Development Charge in respect of the
enlargement is zero;
(b) If the Gross Floor Area of an existing Industrial Building is enlarged by
more than 50 percent, the amount of the Development Charge in
respect of the enlargement shall be determined as follows:
(i) | determine the amount by which the enlargement exceeds 50
percent of the Gross Floor Area before the enlargement;
(ii) | divide the amount determined in (i) by the amount of the
enlargement; and
(iii) multiply the Development Charge otherwise payable without
reference to this section by the fraction determined in (ii).
(c) THAT for greater certainty in applying the exemption in this section,
the total floor area of an existing industrial building is enlarged where
there is a bona fide increase in the size of the existing industrial
building, the enlarged area is attached to the existing industrial
building, there is a direct means of ingress and egress from the
existing industrial building to and from the enlarged area for persons,
goods and equipment and the existing industrial building and the
enlarged area are used for or in connection with an industrial purpose
as set out in subsection 1 (1) of the Regulation. Without limiting the
generality of the foregoing, the exemption in this section shall not
apply where the enlarged area is attached to the existing industrial
building by means only of a tunnel, bridge, canopy, corridor or other
passage-way, or through a shared below-grade connection such as a
service tunnel, foundation, footing or a parking facility.
(d) In particular, for the purposes of applying this exemption, the industrial
building is considered existing if it is built, occupied and assessed for
property taxation at the time of the application respecting the
enlargement.
(e) Despite paragraph (d), self-service storage facilities and retail
warehouses are not considered to be industrial buildings.
(f) | The exemption for an existing industrial building provided by this
section shall be applied to a maximum of fifty percent (50%) of the
total floor area before the first enlargement for which an exemption
from the payment of development charges was granted pursuant to
this By-law or any previous development charges by-law of the
municipality made pursuant to the Act, as amended or its predecessor
legislation.
(8) This By-law shall not apply to the enlargement of the Gross Floor Area of an
existing Industrial Building located on general employment lands in Acton or
Georgetown areas, as defined in Schedule "C" and Schedule "D", that has
been in operation for a period of more than five (5) years immediately prior to
the application respecting the enlargement.
(a) For greater certainty in applying the exemption in section 4 (8), the
existing industrial building must have been under the same ownership
for a period of more than five (5) years immediately prior to the
application respecting the enlargement.
RULES WITH RESPECT TO TEMPORARY UNITS
4.
(1) | Notwithstanding any other provision of this By-law, a temporary unit shall be
exempt at the time the building permit is issued for such building from the
payment of development charges under this By-law provided that:
(a) prior to the issuance of the building permit for the temporary building,
the owner shall have:
(i) | entered into an agreement with the Town under section 27 of the
Act in a form and having a content satisfactory to the Town's
Treasurer or designate agreeing to pay the development charges
otherwise payable under this By-law in respect of the temporary
building if, within three (3) years of building permit issuance or
any extension permitted in writing by the Town's Treasurer or
designate, the owner has not provided to the Town evidence, to
the satisfaction of the Town's Treasurer or designate, that the
temporary building was demolished or removed from the lands
within three (3) years of building permit issuance or any
extension herein provided; and
(ii) | provided to the Town securities in the form of a certified cheque,
bank draft or a letter of credit acceptable to the Town's Treasurer
or designate in the full amount of the development charges
otherwise payable under this By-law as security for the owner's
obligations under the agreement described in clause (a) (i) and
subsection (c).
(b) Within three (3) years of building permit issuance or any extension
granted in accordance with the provisions in clause (a) (i), the owner
shall provide to the Town evidence, to the satisfaction of the Town's
Treasurer or designate, that the temporary unit was demolished or
removed from the lands within three (3) years of building permit
issuance or any extension herein provided, whereupon the Town shall
return the securities provided pursuant to clause (a) (ii) without
interest.
(c) If the owner does not provide satisfactory evidence of the demolition
or removal of the temporary unit in accordance with subsection (b),
the temporary unit shall be deemed conclusively not to be a temporary
unit for the purposes of this By-law and the Town shall, without prior
notification to the owner, draw upon the securities provided pursuant
to clause (a) (ii) and transfer the amount so drawn into the appropriate
development charges reserve funds.
(d) -- The timely provision of satisfactory evidence of the demolition or
removal of the temporary building in accordance with subsection (b)
shall be solely the owner's responsibility.
APPROVAL FOR DEVELOPMENT
5.
(1) | Development charges shall be imposed on all lands, buildings or structures
that are developed for residential or non-residential uses if the development
requires:
(a) the passing of a zoning by-law or an amendment thereto under
section 34 of the Planning Act;
(6) the approval of a minor variance under section 45 of the Planning Act;
(c) | aconveyance of land to which a by-law passed under section 50 (7) of
the Planning Act applies;
(d) the approval of a plan of subdivision under section 51 of the Planning
Act;
(e) | aconsent under section 53 of the Planning Act;
(f) | the approval of a description under section 9 of the Condominium Act,
1998, S.O. 1998, c. 19, as amended; or
(g) the issuing of a permit under the Building Code Act, in relation to a
Building or structure.
(2) | Where a Development requires an approval described in section 5 (1) after
the issuance of a building permit and no Development Charge has been
paid, then the Development Charge shall be paid prior to the granting of the
approval required under section 5 (1).
(3) Ifa Development does not require a building permit but does require one or
more of the approvals described in section 5 (1), then, notwithstanding
section 9, the Development Charge shall nonetheless be payable in respect
of any increased, additional or different Development permitted by any such
approval that is required for the increased, additional or different
Development.
LOCAL SERVICE INSTALLATION
6. Nothing in this By-law prevents Council from requiring, as a condition of an
agreement under section 51 or 53 of the Planning Act, that the Owner, at his or her
own expense, shall install or pay for such local Services, as Council may require.
MULTIPLE CHARGES
7.
(1) | Where two or more of the actions described in section 5 (1) are required
before land to which a Development Charge applies can be developed, only
one Development Charge shall be calculated and collected in accordance
with the provisions of this By-law.
(2) | Notwithstanding section 7 (1), if two or more of the actions described in
section 5 (1) occur at different times, and if the subsequent action has the
effect of increasing the need for municipal Services as set out in Schedule
"A", an additional Development Charge based on the number of any
additional Residential units and on any increased Non-residential Total Floor
Area, shall be calculated and collected in accordance with the provisions of
this By-law.
SERVICES IN LIEU
8.
(1) | Council may authorize an Owner, through an agreement under section 38 of
the Act, to substitute such part of the Development Charge applicable to the
Owner's Development as may be specified in the agreement, by the
provision at the sole expense of the Owner, of Services in lieu. Such
agreement shall further specify that, wnere the Owner provides Services in
lieu in accordance with the agreement, Council shall give to the Owner a
credit against the Development Charge in accordance with the provisions of
the agreement and the provisions of section 39 of the Act, equal to the
reasonable cost to the Owner of providing the Services in lieu. In no case
shall the agreement provide for a credit which exceeds the total Development
Charge payable by an Owner to the municipality in respect of the
Development to which the agreement relates.
(2) In any agreement under section 8 (1), Council may also give a further credit
to the Owner equal to the reasonable cost of providing Services in addition
to, or of a greater size or capacity, than would be required under this By-law.
(3) | The credit provided for in section 8 (2) shall not be charged to any
Development Charge reserve fund.
DEMOLITION CREDITS FOR REDEVELOPMENT OF LAND
9. Where, as a result of the Redevelopment of land, a Building or structure existing on
the land was, or is to be, demolished, in whole or in part:
(1) | Subject to subsection (5) below, a credit shall be allowed against the
Development Charge otherwise payable pursuant to this By-law, provided
that where a demolition permit has been issued and has not been revoked, a
building permit must be issued for the Redevelopment within five (5) years
from the date the demolition permit was issued;
(2) | The credit shall be calculated:
(a) in the case of the demolition of a Building, or a part of a Building, used
for a Residential purpose, by multiplying the number and type of
Dwelling Units demolished by the relevant Development Charge in
effect under this By-law on the date when the Development Charge
with respect to the Redevelopment is payable pursuant to this By-law;
or
(b) in the case of the demolition of a Building, or part of a Building, used
for a Non-residential purpose, by multiplying the Non- residential Total
Floor Area demolished, by the relevant Development Charge in effect
under this By-law on the date when the Development Charge with
respect to the Redevelopment is payable pursuant to this By-law;
(3) | Nocredit shall be allowed where the demolished Building or part thereof
would have been an exception under, or exempt pursuant to, this By-law;
(4) |Where the amount of any credit pursuant to this section exceeds, in total, the
amount of the Development Charge otherwise payable under this By- law
with respect to the Redevelopment, the excess credit shall be reduced to
zero and shall not be carried forward unless the carrying forward of such
excess credit is expressly permitted by a phasing plan for the
Redevelopment that is acceptable to the Town's Treasurer or designate; and
(5) | Notwithstanding subsection 9(1) above, where the Building cannot be
demolished until the new Building has been erected, the Owner shall notify
the Town in writing and pay the applicable Development Charge for the new
Building in full and, if the existing Building is demolished not later than twelve
(12) months from the date a building permit is issued for the new Building,
the Town shall provide a refund calculated in accordance with this section to
the Owner without interest. If more than twelve (12) months is required to
demolish the existing Building, the Owner may make a written request to the
Town's Treasurer or designate, in his or her sole and absolute discretion and
upon such terms and conditions as he or she considers necessary or
appropriate, may extend the time in which the existing Building must be
demolished, and such decision shall be made prior to the issuance of the
first building permit for the new Building.
CONVERSION CREDITS FOR REDEVELOPMENT OF LAND
10. Where, as a result of the Redevelopment of land, a Building or Structure existing on
the land was, or is to be, converted from one principal use to another principal use
on the same land:
(1) Acredit shall be allowed against the Development Charge otherwise payable
under this By-law;
(2) | The credit shall be calculated:
(a) In the case of the conversion of a Building or part of a Building used
for a Residential purpose, by multiplying the number and type of
Dwelling Units being converted by the relevant Development Charge
in effect under this By-law on the date when the Development Charge
with respect to the Redevelopment is payable pursuant to this By-law;
or
(b) In the case of the conversion of a Building, or part of a Building, used
for a Non-residential purpose, by multiplying the Non- residential Total
Floor Area being converted by the relevant Development Charge in
effect under this By-law on the date when the Development Charges
with respect to the Redevelopment are payable pursuant to this By-
law;
(3) | Nocredit shall be allowed where the Building, or part thereof, prior to
conversion would have been an exception under, or exempt pursuant to this
By-law;
(4) | Where the amount of any credit pursuant to this section exceeds, in total, the
amount of the Development Charges otherwise payable under this By- law
with respect to the Redevelopment, the excess credit shall be reduced to
zero and shall not be carried forward unless the carrying forward of such
excess credit is expressly permitted by a phasing plan for the
Redevelopment that is acceptable to the Town's Treasurer or designate; and
(5) | Notwithstanding subsections (1) to (4) above, no credit shall be allowed
where the building or part thereof prior to conversion would have been
exempt pursuant to this By-law or any predecessor thereof.
TIMING OF CALCULATION AND PAYMENT
11.
(1) A Development Charge shall be calculated and payable in full in money or by
provision of Services as may be agreed upon, or by credit granted pursuant
to the Act or this By-law, on the date a building permit is issued in relation to
a Building or structure on land to which a Development Charge applies
unless a "Conditional" Building Permit is issued in which case the
Development Charges should be calculated and payable when the conditions
to the Building Permit have been satisfied.
(2) |Where a Development Charge applies to land in relation to which a building
permit is required, the building permit shall not be issued until the
Development Charge has been paid in full unless it is a "Conditional" Building
Permit in which case the Development Charges shall be paid when the
conditions are satisfied.
(3) | Notwithstanding subsections (1) and (2), 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, payable on the anniversary
date each year thereafter.
(4) Notwithstanding subsections (1) and (2), development charges for non-profit
housing developments are due and payable in 21 installments commencing
with the first installment payable on the date of first occupancy, and each
subsequent installment, including interest, payable on the anniversary date
each year thereafter.
(5) | Where the development of land results from the approval of a Site Plan or
Zoning By-law Amendment made on or after January 1, 2020, and the
approval of the application occurred within 2 years of building permit
issuance, the development charges under subsections 11 (1), 11 (2), 11 (3),
and 11 (4) shall be calculated in accordance with section 26.2 of the Act.
(6) Payment of a Development Charge may be deferred subject to terms and
conditions set out by Town Policy.
DEVELOPMENT NOT AS REFERENCED IN BUILDING PERMIT
12.
(1) Where a building permit is obtained and development charges are paid, but
the actual development or redevelopment which is completed is (a) less total
floor area than what had been planned and paid for, or (b) a different type of
residential use than originally planned, or (c) has fewer dwelling units than
originally planned and paid for, then a refund for the excess of the
development charges paid over the development charges which would have
been payable for the actual development or redevelopment which was
completed is only payable if:
(a) Anew building permit is obtained reflecting the actual development or
redevelopment; and
(6) the application for such new building permit is filed within five (5) years
of the issuance of the initial building permit.
(2) | Any such refund which may be payable pursuant to subsection 12 (1) above
by the municipality shall be paid without interest.
RESERVE FUNDS
13.
(1) | Monies received from payment of Development Charges shall be maintained
in a separate reserve fund for each service and class of service sub-
categories set out in Schedule "A".
(2) | Monies received for the payment of Development Charges shall be used only
in accordance with the provisions of section 35 of the Act.
(3) | Council directs the Town's Treasurer to divide the reserve funds created
hereunder into separate sub-accounts in accordance with the Service and
class of service sub-categories set out in Schedule "A" to which the
Development Charge payments, together with interest earned thereon, shall
be credited.
(4) Where any Development Charge, or part thereof, remains unpaid after the
due date, the amount unpaid shall be added to the tax roll for the property on
which the Development or Redevelopment occurred and shall be collected in
the same manner as taxes.
(5) | Where any unpaid Development Charges are collected as taxes under
section 13 (4), the monies so collected shall be credited to the Development
Charge reserve funds referred to in section 13 (1).
(6) |The Town's Treasurer shall in each year, furnish to Council a statement in
respect of the reserve funds established hereunder for the prior year,
containing the information set out in section 12 of O. Reg. 82/98.
BY-LAW AMENDMENT OR REPEAL
14.
(1) | Where this By-law or any Development Charge prescribed hereunder is
amended or repealed either by order of the Ontario Land Tribunal or by
resolution of Council, the Town Treasurer shall calculate forthwith the
amount of any overpayment to be refunded as a result of said amendment or
repeal.
(2) | Refunds that are required to be paid under section 15 (1) shall be paid with
interest to be calculated as follows:
(a) Interest shall be calculated from the date on which the overpayment
was collected to the date on which the refund is paid;
(6) |= The Bank of Canada interest rate in effect on the date of enactment of
this By-law shall be used.
(3) | Refunds that are required to be paid under section 14 (1) shall include the
interest owed under this section.
BY-LAW INDEXING
15. The Development Charges set out in Schedule "B" to this By-law shall be adjusted
annually on April 1, without amendment to this By-law, in accordance with the
prescribed index as set out in paragraph 10 of Subsection 5(1) of the Act, and
O.Reg 82/98.
BY-LAW ADMINISTRATION
16. This By-law shall be administered by the Town's Treasurer.
SCHEDULES TO THE BY-LAW
17. The following Schedules to this By-law form an integral part of this By-law:
Schedule A -- Schedule of Municipal Services
Schedule B -- Schedule of Development Charges
Schedule C -- Map of Acton General Employment Area
Schedule D -- Map of Georgetown General Employment Area
SEVERABILITY
18. In the event any provision or part thereof, of this By-law is found, by a court of
competent jurisdiction, to be void, voidable, unenforceable or ultra vires, such
provision, or part thereof, shall be deemed to be severed, and the remaining portion
of such provision and all other provisions of this By-law shall remain in full force
and effect.
HEADINGS FOR REFERENCE ONLY
19. The headings inserted in this By-law are for convenience of reference only and
shall not affect the construction or interpretation of this By-law.
DATE BY-LAW EFFECTIVE
20. This By-law shall come into force and effect on September 1, 2022.
SHORT TITLE
21. This By-law may be cited as the "Town of Halton Hills Development Charge By-law,
2022."
REPEAL
22. By-law No. 2017-0049 and By-law No. 2017-0073 are hereby repealed effective on
the date this By-law comes into force.
BY-LAW read and passed by the Council for the Town of Halton Hills this 4th day of
July, 2022.
Originally Signed By:
MAYOR -- RICK BONNETTE
Originally Signed By:
TOWN CLERK -- VALERIE PETRYNIAK
SCHEDULE "A"
DESIGNATED MUNICIPAL SERVICES/CLASS OF SERVICES UNDER THIS BY-
LAW
Services
1. Transportation Services
2. Fire Protection Services
3. Transit Services
4. Recreation and Parks Services
5. Library Services
6. Stormwater Management Services
Class of Service
1. Growth-Related Studies
Schedule "B"
Schedule of Development Charges
NON- NON-
RESIDENTIAL RESIDENTIAL RESIDENTIAL RESIDENTIAL | RESIDENTIAL | RESIDENTIAL RESIDENTIAL RESIDENTIAL
Service/Class of Single and Multiples -- 3 Multiples -- Apartments -- | Apartments -- Special Industrial Non-
Service Semi- Bedrooms + Less than3 2Bedrooms+ | Bachelorand | Care/Special (per m? of Industrial
Detached Bedrooms 1 Bedroom Dwelling Gross Floor (per m? of
Dwelling Units Area) Gross Floor
Area)
T rtati
$9,519 $6,695 $4,500 $4,910 $3,620 $2,988 $21.72 $70.83
Services
Fire Protection
$1,321 $929 $624 $681 $502 $414 $3.01 $9.83
Services
$380 $255 $279 $206 $170 $1.12 $3.70
R ti Park
$17,908 $12,594 $8,466 $9,238 $6,811 $5,620 $6.58 $6.58
Services
Library Services $2,269 $1,596 $1,073 $1,170 $863 $712 $0.83 $0.83
t t
Stormwater $86 $60 $41 $44 $33 $27 $0.20 $0.64
Management Services
th-Relat
Grow elated $427 $300 $202 $220 $162 $134 $0.97 $3.17
Studies
Total Municipal Wide
Services/Class of $32,070 $16,542 $12,197 $10,065 $34.44 $95.59
Services
SCHEDULE "C"
Map of Acton General Employment Area
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