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BY-LAW NO. 2022- 0044
A By-law to Establish Community Benefits Charges for the Town of
Halton Hills
WHEREAS The Town of Halton Hills (the "Town") will experience growth through
development and re-development;
AND WHEREAS Council desires to impose Community Benefits Charges against land to
pay for the capital costs of facilities, services and matters required because of development
or redevelopment in the area to which the by-law applies;
AND WHEREAS the Planning Act, 1990 (the "Act") provides that the council of a
municipality may by by-law impose Community Benefits Charges against higher density
residential development or redevelopment;
AND WHEREAS a Community Benefits Charge strategy report, dated April 15, 2022,
has been completed which identifies the facilities, services and matters that will be
funded with Community Benefits Charges and complies with the prescribed
requirements;
AND WHEREAS the Town has consulted with the public and such persons and public
bodies as the Town considers appropriate;
AND WHEREAS on July 4, 2022, Council for the Town of Halton Hills approved Report
No. CORPSERV-2022-0018, dated June 14, 2022, in which certain recommendations
were made relating to the Community Benefits Strategy and By-law.
NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE
CORPORATION OF THE TOWN OF HALTON HILLS ENACTS AS FOLLOWS:
1.
INTERPRETATION
Definitions
1.1
In this By-law, the following items shall have the corresponding meanings:
"Act" means the Planning Act, R.S.O. 1990, CHAPTER P.13;
"Building" means any structure or building as defined in the Ontario Building Code (O
Reg 332/12 under the Building Code Act, but does not include a vehicle;
"Building Code Act" means the Building Code Act, 1992, SO 1992, c 23 as amended;
"Capital Costs" means growth-related 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, construct or improve facilities including,
(i)
furniture and equipment, and;
(ii) rolling stock;
(e) to undertake studies in connection with any of the matters referred to in
clauses (a) to (d) above, including the Community Benefits Charge strategy
study,
required for the provision of Services designated in this By-law within or outside the
Town, including interest on borrowing for those expenditures under clauses (a) to (e)
above;
"Town" means The Town of Halton Hills or the geographic area of the municipality, as
the context requires;
"Council" means the Council of the Town of Halton Hills;
"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 or any development
requiring any of the actions described in subsection 3.4 (a), and includes
Redevelopment;
"Community Benefits Charge" means a charge imposed pursuant to this By-law;
"Land" (or "Lot") means, for the purposes of this By-law, the lesser of the area defined
as:
(a) The whole of a parcel of property associated with the Development or
Redevelopment and any abutting properties in which a person holds the fee
or equity of redemption in, power or right to grant, assign or exercise a
power of appointment in respect of, or;
(b) The whole of a lot or a block on a registered plan of subdivision or a unit
within a vacant land condominium that is associated with the Development
or Redevelopment;
But not including any hazard lands, natural heritage features, or ecological buffers
identified in the Town's Official Plan, an approved Secondary Plan, or through an
environmental impact study accepted by the Town.
"Owner" means the owner of Land or a person who has made application for an
approval for the Development of land for which a Community Benefits Charge may be
imposed;
"Prescribed" means prescribed in the regulations made under the Act;
"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 a Building from a Non-Residential Use to a Residential Use, or
changing a Building from one form of Residential Use to another form of Residential
Use and including any development or redevelopment requiring any of the actions
described in subsection 3.4 (a);
"Residential Unit" means a room or group of rooms occupied or designed to be
occupied exclusively as an independent and separate self-contained housekeeping unit
including a house;
"Residential Use" 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;
"Service" means a service designated in subsection 2.1, and "Services" shall have a
corresponding meaning;
"Valuation date" means, with respect to land that is the subject of development or
redevelopment,
(a) the day before the day the building permit is issued in respect of the
development or redevelopment, or
(b) if more than one building permit is required for the development or
redevelopment, the day before the day the first permit is issue
"Zoning By-Law" means Town By-law Number 2010-0050, as amended, and any
replacement by-laws enacted by the Town under section 34 of the Planning Act.
References
1.2
The reference to any applicable statute, regulation, by-law, or to the Official Plan
in this Community Benefits Charge By-law shall be deemed to refer to the
statute, regulation, by-law, and/or Official Plan as they may be amended from
time to time and shall be applied as they read on the date on which Community
Benefits Charges are due to the Town.
Designation of Services
1.3
A Community Benefits Charge may be imposed in respect of the following:
(a) Land for park or other public recreational purposes in excess of lands
dedicated or provided cash-in-lieu payments under section 42 or subsection
51.1 of the Planning Act.
(b) Services not provided under subsection 2 (4) of the Development Charges
Act.
(c) As per the April 15, 2022, Community Benefits Charges Strategy, the Town
intends to recover Capital Costs relating to the following services through
this by-law:
(i)
Parkland Acquisition; and
(ii) Community Benefits Charges Strategy Updates.
2.
PAYMENT OF COMMUNITY BENEFITS CHARGES
2.1
Community Benefits Charges shall be payable by the Owner of Land proposed
for Development in the amounts set out in this By-law where:
(a) the Lands proposed for Development is located in the area described in
subsection 2.2; and
(b) the proposed Development requires any of the approvals set out in
subsection 2.4 (a).
Area to Which By-law Applies
2.2
Subject to subsection 2.3, this By-law applies to all lands in the Town.
2.3
This By-law shall not apply to lands that are owned by and used for the purposes
of:
(a) The Town or a Local Board thereof;
(b) a Board of Education;
(c) a Conservation Authority; or
(d) The Region of Halton, or a Local Board thereof.
Approvals for Development
2.4
(a) A Community Benefits Charge shall be imposed only with respect to
Development that requires one or more of the following approvals:
(i)
the passing of a Zoning By-Law or of an amendment to a Zoning By-
Law under section 34 of the Planning Act;
(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 9 of the Condominium Act,
1998, SO 1998, c 19, as amended, or any successor thereof; or
(vii) the issuing of a permit under the Building Code Act, 1992 in relation to
a building or structure.
(b) Despite subsection 2.4 (a) above, a Community Benefits Charge shall not
be imposed with respect to:
(i)
development of a proposed building or structure with fewer than five
storeys at or above ground;
(ii) development of a proposed building or structure with fewer than 10
residential units;
(iii) redevelopment of an existing building or structure that will have fewer
than five storeys at or above ground after the redevelopment;
(iv) redevelopment that proposes to add fewer than 10 residential units to
an existing building or structure; or
(v) such types of development or redevelopment as are prescribed.
Exemptions
2.5
Notwithstanding the provisions of this By-law, Community Benefits Charges shall
not be imposed with respect to:
(a) Development for a Place of Worship or for the purposes of a cemetery or
burial site exempt from taxation under the Assessment Act;
(b) Development or redevelopment of a building or structure intended for use as
a retirement home within the meaning of subsection 2 (1) of the Retirement
Homes Act, 2010;
(c) Development or redevelopment of a building or structure intended for use by
any of the following post-secondary institutions for the objects of the
institution:
(i)
a university in Ontario that receives direct, regular and ongoing
operating funding from the Government of Ontario;
(ii) a college or university federated or affiliated with a university described
in subparagraph (i);
(iii) an Indigenous Institute prescribed for the purposes of section 6 of the
Indigenous Institutes Act, 2017.
(d) Development or redevelopment of a building or structure intended for use as
a memorial home, clubhouse or athletic grounds by an Ontario branch of the
Royal Canadian Legion.;
(e) Development or redevelopment of a building or structure intended for use as
a hospice to provide end-of-life care;
(f)
Development or redevelopment of a building or structure intended for use as
residential premises by any of the following entities:
(i)
a corporation to which the Not-for-Profit Corporations Act, 2010 applies,
that is in good standing under that Act and whose primary object is to
provide housing;
(ii) 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;
(iii) a non-profit housing co-operative that is in good standing under the
Co-operative Corporations Act.
Amount of Charge
2.6
The amount of a Community Benefits Charge payable in any particular case shall
be equal to four (4) percent of the value of the Land as of the Valuation Date.
In-Kind Contributions
2.7
The Town may at its discretion allow an Owner of Land to provide to the Town
facilities, services or matters required because of Development in the area to
which the By-law applies in lieu, or partially in lieu of a Community Benefits
Charge that would otherwise be payable.
2.8
For in-kind contributions pursuant to the preceding subsection to be considered,
an application for consideration of in-kind contributions must be submitted to the
Town with supporting documentation as to the suggested value thereof no less
than 180 days prior to the first building permit being granted for the proposed
Development.
2.9
In-kind contributions pursuant to subsection 2.7 shall only be accepted as where
the same are approved by resolution of Council. The determination of Council as
to whether in-kind contributions shall be accepted in full or partial satisfaction of
Community Benefits Charges shall be final and binding.
2.10 The value attributed to an in-kind contribution under subsection 2.7 shall be as
determined by Council, based on one or more third-party valuations to the
satisfaction of Council. Council's determination of the value to be attributed to
any in-kind contribution shall be final and binding.
Time of Payment of Community Benefits Charges
2.11 Community Benefits Charges imposed under this By-law shall be payable prior to
the issuance of any building permit for the proposed Development.
Interest on Refunds
2.12 If it is determined that a refund is required, the Town shall pay interest on a
refund in accordance with subsections 37 (28) and 37 (29) of the Act at a rate not
less than the prescribed minimum interest rate, from the day the amount was
paid to the municipality to the day it is refunded.
3.
SEVERABILITY
3.1
If, for any reason, any provision of this By-law is held to be invalid, it is hereby
declared to be the intention of Council that all the remainder of this By-law shall
continue in full force and effect until repealed, re-enacted, amended or modified.
4.
DATE BY-LAW IN FORCE
4.1
This By-law shall come into effect at 12:01 A.M. on September 1, 2022.
BY-LAW read and passed by the Council for the Town of Halton Hills this 4th day of
July, 2022.
MAYOR - RICK BONNETTE
TOWN CLERK - VALERIE PETRYNIAK
Originally Signed By:
Originally Signed By: