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CITY OF HAMILTON
By-law No. 24-072
Being a By-Law Respecting Development Charges on Lands within the City of
Hamilton
OFFICE CONSOLIDATION
This By-law is a consolidated version and includes amendments made by the
amending by-laws listed on the following page. This consolidation is prepared for
purposes of convenience only and is not the official or legal version of the By-law.
For accurate reference to the By-law, certified copies should be obtained through
the City Clerk's Office.
If you require an accessible copy of this by-law please contact [email protected]
Consolidated By-law No. 24-072
Incorporating amendments made by:
By-law No.:
Effective Date:
24-213
November 27, 2024
Amendment to include Studies
25-157
August 6, 2025
Amendment to create temporary
partial exemption from
September 1, 2025 to
August 31, 2027
Amendment to exempt non-profit
housing developments
25-202
October 29, 2025
Amendment to exempt Child Care
Centres operated by Non-Profit
Child Care Providers
26-088
May 13, 2026
Amendment to create temporary
partial exemption from
June 1, 2026 to May 31, 2027,
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
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Authority
Item 1, Audit, Finance & Administration Committee Report
Staff Report Number FCS23103(b)
Council Meeting
May 8, 2024
Ward
City Wide
Written approval
Mayoral Decision MDE-2024 12
MD Dated
May 08, 2024
Bill No. 072
CITY OF HAMILTON
BY-LAW NO. 24-072
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
WHEREAS the Development Charges Act, 1997, S.0.1997, c.27 (hereinafter referred to
as the "Act") authorizes municipalities to pass a By-law for the imposition of
development charges against land to pay for increased capital costs required because
of increased needs for services arising from development of the area to which the said
By-law applies;
WHEREAS the City of Hamilton (herein referred to as the "City"), as required by
section 10 of the Act, has undertaken and completed a development charge
background study regarding the anticipated amount, type and location of development;
the increase in needs for services; estimated capital costs to provide for such increased
needs, including the long term capital and operating costs for capital infrastructure
required for the services;
WHEREAS as required by section 11 of the Act, this By-law is being enacted within one
year of the completion of the said development charge background study, titled
Development Charges Background Study" prepared by Watson & Associates, dated
December 21, 2023, as amended by the Addendum to the December 21, 2023
Development Charges Background Study prepared by Watson & Associates
Economists Ltd., dated March 28, 2024;
WHEREAS in advance of passing this By-law the Council of the City (herein referred to
as "Council") has given notice of and held a public meeting on February 22, 2024 in
accordance with section 12 of the Act regarding its proposals for this development
charges By-law;
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WHEREAS Council, through its Audit, Finance and Administration Committee, has
received written submissions and heard all persons who applied to be heard no matter
whether in objection to, or in support of, the said By-law;
WHEREAS Council intends that development related 2023 - 2031 capacity will be paid
for by development charges;
WHEREAS Council, at its meeting of May 8, 2024, has adopted and approved the said
background study, as amended, and the development charges and policies
recommended by the General Manager of the Finance and Corporate Services
Department to be included in this By-law and determined that no further public meetings
are required under section 12 of the Act; and,
WHEREAS Council approved report FCS23103(b) respecting "2024 Development
Charges Background Study, Policies and By-laws - Final Report", thereby updating its
capital budget and forecast where appropriate and indicating that it intends that the
increase in the need for services to service anticipated development will be met.
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
1.
In this By-law,
(a)
"Act" means the Development Charges Act, 1997, S.O. 1997, c.27.
(b)
"Adaptive Reuse" means the alteration of an existing Building on a
Protected Heritage Property for compliance of its continuing or resumed
use(s) with current Building Code requirements; or, for compliance of its
proposed new use(s) with current building code requirements; or, for
ensuring its structural integrity; or for optimizing its continued, resumed or
new use(s); while maintaining the cultural heritage value or interests of the
subject building; and in compliance with the conditions of any Heritage
Permit required for the subject alterations.
(c)
"Affordable Housing Project" means a Residential Unit that meets the
criteria set out in subsection 4.1(2) or 4.1(3) of the Act.
(d)
"Agricultural Land" means land which is zoned for an Agricultural Use in
the zoning By-law of the predecessor municipality in which the land is
located, and any subsequent amendment or replacement thereof, and
used for a bona fide Agricultural Use.
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(e)
"Agricultural Use" means the use of Agricultural Land and Buildings by a
Farming Business outside of the Urban Area for apiaries, fish farming,
dairy farming, fur farming, the raising or exhibiting of livestock, or the
cultivation of trees, shrubs, flowers, grains, sod, fruits, vegetables and any
other crops or ornamental plants including storage of related equipment,
excluding:
(i)
Residential Uses, including Farm Labour Residences;
(ii)
non-agriculture uses, including but not limited to banquet halls, Retail
Greenhouses and retail stores;
(iii) distilleries, wine production facilities, breweries and any retail space,
restaurant or other uses associated therewith; and,
(iv) Cannabis Production Facilities.
(f)
"Apartment Building" means a Building containing three or more
Residential Units where the Residential Units are connected by an interior
corridor but does not include a Residential Facility Dwelling or a Lodging
House.
(g)
"Apartment Residential Unit" means a Residential Unit within an
Apartment Building.
(h)
"Artist Studio" means a non-residential Building, or any part thereof,
used as a workplace of an artist and shall include but not limited to a
painter, sculptor or photographer.
(i)
"Attainable Residential Unit" has the meaning ascribed to it in the Act.
(j)
"Background Study" means the Development Charges Background
Study prepared by Watson & Associates Economists Ltd., dated
December 21, 2023, as amended by the Addendum to the
December 21, 2023 Development Charges Background Study prepared
by Watson & Associates Economists Ltd., dated March 28, 2024, as
adopted by Council;
(k)
"Back-to-back Townhouse Dwelling" means a building containing four
or more Residential Units vertically by a common wall, including a rear
common wall, that do not have rear yards.
(l)
"Back-to-back Townhouse Residential Unit" means a Residential Unit
within a Back-to-back Townhouse Dwelling.
(m)
"Bedroom" means a habitable room seven square metres or more,
including a den, study, or other similar area, but does not include a living
room, dining room or kitchen.
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(n)
"Board of Education" means a board as defined in subsection 1(1) of
the Education Act 1997, S.O. 1997, c.E.2.
(o)
"Building" means any structure or building as defined in the Building
Code but does not include a vehicle.
(p)
"Building Code" means Ontario Regulation 332/12 made under the
Building Code Act, 1992, S.O. 1992, c.23.
(q)
"Business Improvement Areas" or "BIAs" means the following
business improvement areas approved by By-law 14-153 as amended:
(i)
Ancaster BIA
(ii)
Barton Village BIA
(iii) Concession Street BIA
(iv) Downtown Hamilton BIA
(v)
Dundas BIA
(vi) International Village BIA
(vii) King West BIA
(viii) Locke Street BIA
(ix) Main West Esplanade BIA
(x)
Ottawa Street BIA
(xi) Stoney Creek BIA
(xii) Waterdown BIA
(xiii) Westdale BIA
(r)
"By-law" means, unless the context requires otherwise, this City of
Hamilton By-law Number 24-072, including with all Schedules hereto, as
amended from time to time.
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(s)
"Cannabis" means:
(i)
a cannabis plant;
(ii)
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;
(iii) any substance or mixture of substances that contains or has on it any
part of such a plant; and
(iv) any substance that is identical to any phytocannabinoid produced by,
or found in, such a plant, regardless of how the substance was
obtained.
(t)
"Cannabis Plant" means a plant that belongs to the genus Cannabis.
(u)
"Cannabis Production Facilities" means a Building, or part thereof,
designed, used, or intended to be used for one or more of the following:
growing, cultivation, propagation, production, processing, harvesting,
testing, alteration, destruction, storage, packaging, shipment or distribution
of cannabis where a licence, permit or authorization has been issued
under applicable federal law but does not include a Building or part thereof
solely designed, used, or intended to be used for retail sales of cannabis.
(v)
"Child Care Centre" has the meaning ascribed to it in the Child Care and
Early Years Act, 2014, as amended.
(w)
"Class A Office Development" means an Office Development with a
minimum of 20,000 square feet of Gross Floor Area.
(x)
"Class of Services" means a grouping of services combined to create a
single service for the purposes of this By-law and as provided in section 7
of the Act.
(y)
"Combined Sewer System" shall mean the area within the City of
Hamilton that is depicted as the Combined Sewer System in Schedule "I".
(z)
"Commercial Parking" means a Building, or part thereof, used for the
parking of motor vehicles for compensation, but shall not include any
parking spaces provided for Residential, Non-residential or Mixed Use
Development required or permitted by the applicable City Zoning By-law.
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(aa)
"Communications Establishment" means a Building, or any part
thereof, used for the broadcasting and production of information through
various media, and shall include but not be limited to print, television, radio
and electronic media and which may include facilities for the printing or
broadcasting of information but shall not include a call centre.
(bb)
"Community Improvement Project Areas" or "CIPAs" means the
following community improvement project areas approved by By-
law 21-163 as amended:
(i)
Ancaster Commercial District CIPA
(ii)
Barton Village Commercial District CIPA
(iii) Binbrook Commercial District CIPA
(iv) Strategic Commercial Corridors CIPA
(v)
Concession Street Commercial District CIPA
(vi) Downtown Hamilton Commercial District CIPA (Downtown CIPA)
(vii) Dundas Commercial District CIPA
(viii) Locke Street Commercial District CIPA
(ix) Mount Hope / Airport Gateway CIPA
(x)
Ottawa Street Commercial District CIPA
(xi) Stoney Creek Commercial District CIPA
(xii) Waterdown Commercial District CIPA
(xiii) Westdale Commercial District CIPA
(cc)
"Council" means the Council of the City of Hamilton.
(dd)
"Current Use" has the meaning ascribed to it in section 34.
(ee)
"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 section 14 and includes redevelopment such as the
conversion of the use of a building or structure to another use.
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(ff)
"Development Charge" or "Development Charges" means the charges
imposed by this By-law against land to pay for increased capital costs
required because of increased needs for services arising from
development of the area to which this By-law applies.
(gg)
"Existing Industrial Building" shall have the same meaning as that term
is defined under the Regulation, but, for clarity, shall only include Buildings
for which a final inspection by a City building inspector has been
conducted and passed, resulting in a finalized building permit.
(hh)
"Existing Manufacturing Facility" shall have the same meaning as
Manufacturing Facility, but, for clarity, shall only include Buildings for
which a final inspection by a City building inspector has been conducted
and passed, resulting in a finalized building permit.
(ii)
"Farm Labour Residence" means a Residential Development
constructed on Agricultural Land for the Farming Business operating
thereon and not attached to any other Building, with sleeping, cooking,
living and sanitary facilities, and used for seasonal, interim or occasional
accommodations by full-time farm labourers. For greater certainty, a
primary residence or year round residence shall not be considered a Farm
Labour Residence.
(jj)
"Farming Business" means a business operating on Agricultural Land
with a current Farm Business Registration Number issued pursuant to the
Farm Registration and Farm Organizations Funding Act, 1993, S.O. 1993,
c.21, and assessed in the Farmland Realty Tax Class by the Municipal
Property Assessment Corporation.
(kk)
"Full Kitchen" means a kitchen which contains a fridge, stove and sink.
(ll)
"Garden Suite" has the same meaning as it has in subsection 39.1(2) of
the Planning Act.
(mm)
"Grade" means the average level of proposed or finished ground
adjoining a Building at all exterior walls.
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(nn)
"Gross Floor Area" means:
(i)
in the case of a Non-residential Development, the total area of all
Building floors above Grade measured between the outside surfaces
of the exterior walls or between the outside surfaces of exterior walls
and centre line of firewalls dividing the non-residential use from
another non-residential use, and includes the floor area of a
mezzanine; or
(ii)
in the case of a Mixed Use Development including both Residential
Uses and Non-residential Uses, the total area of the Non-residential
Use portion including all Building floors above Grade measured
between the outside surfaces of the exterior walls or between the
outside surfaces of exterior walls and the centre line of firewalls
dividing a Non-residential Use and a Residential Use; or
(iii) in the case of a Live / Work Unit, the total area of the Non-residential
Use portion of the unit including all Building floors above Grade
measured between the outside surfaces of the exterior walls or
between the outside surfaces of exterior walls and the centre line of
firewalls dividing the Live / Work Unit from any other Live / Work Unit,
Residential Unit, Non-residential Use or Mixed Use Development.
(oo)
"Hangar" means a covered or enclosed Building used for housing and
repairing aircraft within one thousand (1000) metres of an aerodrome as
that term is defined in the Aeronautics Act, R.S.C., 1985, c.A-2. For the
purposes of this By-law, hangars will be considered an industrial
development.
(pp)
"Industrial Development" means a Building used, designed or intended
for use for,
(i)
a Manufacturing Facility, or for storing or distributing something;
(ii)
office, administrative, clerical, management, consulting, advisory or
training purposes, if they are, carried out with respect to
Manufacturing, storage or distributing of something, and are at the
site which the Manufacturing, storage or distribution takes place; and
(iii) any use inside the Urban Area, that would, except for its location
inside the Urban Area, be considered an Agricultural Use under this
By-law.
Without limiting the generality of the foregoing, for the purpose of this
By-law, Industrial Development also includes a warehouse, a Hangar and
Cannabis Production Facilities but not a Communications Establishment,
a Self-Storage Facility and warehouse club.
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(qq)
"Institutional Development" has the meaning ascribed to it in
section 11.1 of the Regulation.
(rr)
"Live / Work Unit" means a Building, or part of thereof, which contains,
or is intended to contain, both a Residential Unit and Non-residential areas
and which is intended for both Residential Use and Non-residential Use
concurrently and shares a common wall or floor with or without direct
access between the Residential and Non-residential areas.
(ss)
"Local Board" means any municipal service board, municipal business
corporation, transportation commission, public library board, board of
health, police services board, planning board, or any other board,
commission, committee, body or local authority established or exercising
any power under any act with respect to the affairs or purposes of the City,
excluding a school board, a conservation authority, any municipal
business corporation not deemed to be a local board under O. Reg 168/03
under the Municipal Act, 2001, S.O. 2001, c.25.
(tt)
"Local Service Policy" means the Local Service Policy attached as
Appendix "E" in the Background Study.
(uu)
"Lodging House" means a building that is used or designed to provide
four or more lodging units, which may share common areas of the building
other than the lodging unit and do not appear to function as a single
housekeeping unit and does not include a Residential Facility.
(vv)
"Lodging Unit" means a room or set of rooms located in a lodging house
designed or intended to be used for sleeping and living accommodation,
which:
(i)
is designed for the exclusive use of the resident or residents of the
unit;
(ii)
is not normally accessible to persons other than the resident or
residents of the unit; and,
(iii) may contain either a bathroom or Full Kitchen but does not contain
both for the exclusive use of the resident or residents of the unit.
(ww)
"Lot" means a lot, block or parcel of land which can be legally and
separately conveyed pursuant to section 50 of the Planning Act and
includes a development having two or more lots consolidated under a
single ownership.
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(xx)
"Manufacturing" includes the terms manufacturing, producing and
processing, and means the transfiguration of materials or substances into
new products, where the establishment occupying the Building is
classified in industry sector Manufacturing, code 31-33 of the North
American Industry Classification System (NAICS) Canada 2022
Version 1.0.
(yy)
"Manufacturing Facility" means a Building, or part thereof, used,
designed, or intended for use for, or in connection with Manufacturing and
shall also include the following:
(i)
Research and development in connection with manufacturing;
(ii)
Retail sales by a manufacturer of something they manufactured if the
retail sales are at the site which the manufacturing takes place; and,
(iii) Office, administrative, clerical, management, consulting, advisory or
training purposes, if they are, carried out with respect to
manufacturing, and are at the site which the Manufacturing takes
place.
(zz)
"Medical Clinic" means a Building, or part thereof, which is used by
health professionals for the purpose of consultation, diagnosis and / or
treatment of persons and shall include but not be limited to laboratories,
dispensaries or other similar facilities, but shall not include overnight
accommodation for in-patient care resulting from surgery.
(aaa)
"Mixed Use Development" means a Building used, designed or intended
for use for both Residential and Non-residential Uses.
(bbb)
"Mobile Home" means a Building recognized in the Building Code as a
"Mobile Home" in accordance with the standard for mobile homes in
CSA Z240.2.1 "Structural requirements for Manufactured Homes" or
CSA A277 "Procedures for Factory Certification of Buildings".
(ccc)
"Multiple Unit Dwelling" means a Building consisting of two or more
Residential Units attached by vertical and / or horizontal wall or walls other
than a Single Detached Dwelling, Semi-detached Dwelling, Apartment
Dwelling, Stacked Townhouse Dwelling, Residential Facility Dwelling or
Lodging House. Multiple Unit Dwelling includes, but is not limited to,
Townhouse Dwelling, Back-to-back Townhouse Dwelling, and the portion
of a Live/Work Unit intended to be used exclusively for living
accommodations for one or more individuals.
(ddd)
"Municipal Boundary" means the municipal boundary as identified in
Schedule "F."
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(eee)
"Non-industrial Development" means any non-residential Building
which is not an Industrial Development and without limiting the generality
of the foregoing, Non-industrial Development includes commercial and
retail buildings, Office Development, Class A Office Development,
Institutional Development, the portion of a Live / Work Unit that is not
intended to be used exclusively for living accommodations for one or more
individuals, a hospital that is approved under Public Hospitals Act,
R.S.O. 1990, c. P. 40, and R.R.O. 1990, Regulation 964 as a public
hospital, Short Term Accommodation, a Self-Storage Facility, a Retail
Greenhouse, a Place of Worship, a Medical Clinic, an Artist Studio, a
Production Studio and Commercial Parking.
(fff)
"Non-Profit Child Care Provider" refers to (A) a corporation to which the
Not-for-Profit Corporations Act, 2010 applies, that is in good standing
under the Act, or (B) a corporation without share capital to which the
Canada Not-for-profit Corporations Act applies, that is in good standing
under the Act, and which operates a Child Care Centre.
(ggg)
"Non-Profit Housing Developer refers to (A) a corporation to which the
Not-for-Profit Corporations Act, 2010 applies, that is in good standing
under the Act, or (B) a corporation without share capital to which the
Canada Not-for-profit Corporations Act applies, that is in good standing
under the Act, or (C) a non-profit housing co-operative that is in good
standing under the Co-Operative Corporations Act.
(hhh)
"Non-residential Development" or "Non-residential Use" is any
development other than a Residential Development or Residential Use.
(iii)
"Occupants" means the residents of a Residential Facility.
(jjj)
"Office Development" means a Building, or part thereof, in which
management, clerical, administrative, consulting, advisory or training
services are offered or performed, but shall not include a Medical Clinic or
any part of an Industrial Development
(kkk)
"Place of Worship" means a Building, or any part thereof, owned and
occupied by a church or religious organization used for religious services,
ceremonies or other religious practices, or for the purposes of a the burial
or entombment of the remains of deceased individuals and which is which
is or would be classified as exempt from taxation in accordance with
subsection 3(1)3 of the Assessment Act, R.S.O. 1990, Chapter A.31, but
does not include a Building or any part thereof, owned by a church or
religious organization and used for any other purpose including without
limiting the generality of the foregoing any uses which generate revenue
for the church or religious organization.
(lll)
"Planning Act" means the Planning Act, R.S.O. 1990, c. P. 13.
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(mmm)
"Production Studio" means a Building, or any part thereof, used for the
creation and production of motion pictures or audio or video recordings
and the associated warehousing, prop and set design and storage or used
for digital media uses such as animation studio, and associated software
development and processing, but shall not include the mass reproduction
of film.
(nnn)
"Protected Heritage Property" means a property that is designated
under Part IV of the Ontario Heritage Act, subject to a Heritage Easement
under Part II of the Ontario Heritage Act, subject to a Heritage Easement
under Part IV of the Ontario Heritage Act, or subject to a covenant or
agreement on title held between the property owner and a conservation
authority or level of government in the interest of conserving built heritage.
(ooo)
"Redevelopment" means the construction, erection or placing of one or
more Buildings on land where all or part of a Building has previously been
or will be, in accordance with a demolition agreement entered into with the
City, demolished on such land, or changing the use of a Building from a
Residential Development to a Non-residential Development or from a
Non-residential Development to a Residential Development, or changing a
Building from one form of Residential Development to another form of
Residential Development or from one form of Non-residential Use to
another form of Non-residential Use and including any development or
redevelopment requiring any of the actions described in section 14.
(ppp)
"Regulation" means Ontario Regulation 82/98 under the Act.
(qqq)
"Rental Housing" has the meaning as ascribed to it in section 1 of the
Act.
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(rrr)
"Residential Development" or "Residential Use" means:
(i) a Single Detached Dwelling;
(ii) a Semi-detached Dwelling;
(iii) a Residential Facility;
(iv) a Lodging House;
(v)
a Mobile Home;
(vi) a Multiple Unit Dwelling;
(vii) a Stacked Townhouse Dwelling;
(viii) an Apartment Dwelling;
(ix) Garden Suite; or
(x)
the portion of a Mixed-use Development comprised of any
Residential Units and any areas intended to be used exclusively by
the residents of the Residential Units,
but does not include any Buildings used or designed to be used for use as
Short Term Accommodation.
(sss)
"Residential Facility" means a Building or part thereof containing four or
more rooms or suites of rooms designed or intended to be used for
sleeping and living accommodation that have a common entrance from
street level and:
(i)
where the Occupants have the right to use, in common: halls, stairs,
yards, common rooms and accessory buildings;
(ii)
which may or may not have exclusive sanitary facilities for each
occupant;
(iii) which does not have exclusive Full Kitchen facilities for each
occupant; and
(iv) where support services such as meal preparation, laundry,
housekeeping, nursing, respite care and attendant services may be
provided at various levels,
and excludes any part of the Building used or occupied for uses not
exclusively related to the Occupants.
Being a By-Law Respecting Development Charges
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(ttt)
"Residential Unit" means a room or suite of rooms used, or designed or
intended for use by one or more persons living together as a single
housekeeping unit in which culinary and sanitary facilities are provided for
the exclusive use of such person or persons.
(uuu)
"Retail Greenhouse" means a Building, that is made primarily of
translucent building material, used, designed or intended to be used for
the sale and display of plants products grown or stored therein gardening
supplies and equipment, or landscaping supplies and equipment.
(vvv)
"Self-Storage Facility" means a Building primarily used in renting or
leasing space for self-storage. These Buildings provide secure space
(rooms, compartments, lockers, containers or outdoor space) where
clients can store and retrieve their goods.
(www)
"Semi-detached Dwelling" means a Building consisting of two
Residential Units attached by a vertical wall or walls, each of which has a
separate entrance or access to grade.
(xxx)
"Separated Sewer System" means the area within the City of Hamilton
that is contained inside the Urban Area and outside the area depicted as
the Combined Sewer System in Schedule "I".
(yyy)
"Services" means services designated in Schedules "A" through "E" of
this By-law; or designated in an agreement under section 44 of the Act.
(zzz)
"Short Term Accommodation" means a Building designed or used or
designed or intended for use as a temporary rental sleeping
accommodation for travellers and shall include but not be limited to a
motel, motor hotel, hotel or an apartment hotel.
(aaaa)
"Single Detached Dwelling" means a Building containing one
Residential Unit and not attached to another Building, whether or not the
Single Detached Dwelling is situated on a single lot.
(bbbb)
"Special Area Development Charge" or "Special Area Development
Charges" means the charges imposed by this By-law against land to pay
for increased capital costs required because of increased needs for the
Services arising from development of the area to which this By-law
applies.
(cccc)
"Stacked Townhouse Dwelling" means a Building containing four or
more Residential Units which are horizontally and vertically separated in a
split level or stacked manner, where each Residential Unit egresses
directly outside to grade (no egress to a common corridor).
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(dddd)
"Stacked Townhouse Residential Unit" means a Residential Unit within
a Stacked Townhouse Dwelling.
(eeee)
"Temporary Building or Structure" means a non-residential Building
without a foundation which is constructed, erected or placed on land for a
continuous period of time not exceeding one year, or a like addition or
alteration to an existing Building or an existing structure that has the effect
of increasing the usability thereof for a continuous period not exceeding
one year.
(ffff)
"Townhouse Dwelling" means a Building divided vertically into three or
more Residential Units, by common walls which prevent internal access
between units where each Residential Unit egresses directly outside to
grade.
(gggg)
"Townhouse Residential Unit" means a Residential Unit within a
Townhouse Dwelling.
(hhhh)
"Urban Area A" means the lands within Urban Area A, identified in
Schedule "G" and which are not subject to any expansion resulting from
an amendment to the urban boundary in the Urban Hamilton Official Plan.
(iiii)
"Urban Area B" means any lands added to the Urban Area as a result of
any amendment to the Urban Hamilton Official Plan expanding the Urban
Area beyond Urban Area A.
(jjjj)
"Urban Area" means the area within the City that is identified as the
urban area in Schedule E of the Urban Hamilton Official Plan, as
amended.
(kkkk)
"Zoning By-law" means Zoning By-laws Nos. 05-200, 87-57, 3581-86,
90-145-Z, 464, 6593, 3692-92 and any subsequent City zoning by-law as
applicable based on development type and development location within
the City.
2.
Any defined term in the Act or Regulation that has not been defined in section 1 of
this By-law, has the meaning given to it in the Act or Regulation.
3.
The basis of the Development Charges imposed by this By-law is the Background
Study and the application and interpretation of this By-law shall be consistent with
the Background Study. Recommendations for exemptions in the Background Study
not included in this By-law are irrelevant to the application and interpretation of this
By-law.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
18 of 52
4.
Any non-residential use which has not been specified in this by-law shall be
determined to be either industrial or non-industrial according to where the use falls
within Schedule 10 of the Background Study,
(a) Primary Industry Employment and Industrial and Other Employment shall be
Industrial;
(b) Population related Employment and Institutional shall be Non-industrial.
5.
Any reference in this By-law to any statute, or regulation, City of Hamilton By-law
or City of Hamilton official plan or any section of any statute, or regulation, City of
Hamilton By-law or City of Hamilton official plan shall, unless otherwise expressly
stated, be deemed to be a reference to such statute, regulation, City of Hamilton
By-law or City of Hamilton official plan or section as amended, restated or
re-enacted from time to time and to any successor statute, regulation, City of
Hamilton By-law or City of Hamilton official plan. If any statute, regulation or City of
Hamilton By-law is repealed or section thereof is repealed or removed and not
replaced, this By-law shall be deemed to not include a reference to such statute,
regulation, City of Hamilton By-law or section.
6.
Unless otherwise indicated, references in this By-law to sections and schedules
are to sections and schedules of this By-law.
7.
In this By-law "herein", "hereof", "hereto" and "hereunder" and similar expressions
refer to this By-law.
Schedules
8.
The following schedules to this By-law form an integral part of this By-law:
Schedule "A": Full Rate City Wide Development Charges
Schedule "B": Full Rate Development Charges for Wastewater Facilities and
Linear Services
Schedule "C-1":
Full Rate Development Charges for Water Services
Schedule "C-2":
Full Rate Development Charges for Water and Wastewater
Growth Studies
Schedule "D": Full Rate Development Charges for Stormwater Drainage and
Control Services
Schedule "E": Full Rate Special Area Development Charges
Schedule "F": Municipal Boundary Map
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
19 of 52
Schedule "G": Urban Area A and Municipal Boundary Map
Schedule "H": Urban Area and Municipal Boundary Map
Schedule "I": Combined Sewer System Area and Municipal Boundary Map
Schedule "J": Dundas / Waterdown Special Area Development Charge Map
Lands Affected
9.
This By-law applies to all land within the City of Hamilton.
Phasing and Amount of Charge
10. The development of land in the City of Hamilton is also subject to City of Hamilton
By-law 11-174, as amended, and any additional Development Charges By-laws
that may be enacted by the Council of the City of Hamilton.
11.
(a) For all city wide Services / Classes of Services, where there is Development of
land within the Municipal Boundary, the Development Charges payable
pursuant to this By-law shall be the Development Charges set out in Schedule
"A" to this By-law.
(b) For wastewater facilities and linear services, where there is Development of
land within Urban Area A or Urban Area B, the Development Charges payable
pursuant to this By-law shall be the Development Charges set out in Schedule
"B" to this By-law.
(c) For services, where there is Development of land within Urban Area A or Urban
Area B, the Development Charges payable pursuant to this By-law shall be the
Development Charges set out in Schedule "C-1" to this By-law.
(d) For growth studies related to water and wastewater services, where there is
Development of land within the Urban Area, the Development Charges payable
pursuant to this By-law shall be the Development Charges set out in Schedule
"C-2" to this By-Law.
(e) For stormwater drainage and control services, where there is Development of
land within the Urban Area, the Development Charges payable pursuant to this
By-law shall be the Development Charges set out in Schedule "D" to this By-
law.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
20 of 52
(f) Subject to any applicable exemption set out in this By-Law, and subsection
11(i), where there is Development of land within those areas of Dundas and
Waterdown delineated on Schedule "J" to this By-law, the Special Area
Development Charges payable pursuant to this By-law shall be the Special
Area Development Charges as shown on Schedule "E" to this By-law. Special
Area Development Charges shall apply in addition to any other Development
Charge payable under this By-law.
(g) Where there is Development of land outside of Urban Area A and Urban Area B
and, where a connection of a Building in the Development to the wastewater
facilities and linear services is proposed, the applicable charge set out in
Schedule "B" for Urban Area A shall be applied to the said Development as a
Development Charge.
(h) Where there is Development of land outside of Urban Area A and Urban Area B
and, where a connection of a Building in the Development to water services is
proposed, the applicable charge set out in Schedule "C-1" for Urban Area A
shall be applied to the said Development as a Development Charge.
(i) Where there is Development of land outside of Urban Area A and Urban Area
B, where a connection of a Building in the Development to wastewater facilities
and linear services and/or water services is proposed, the applicable charge set
out in Schedule "C-2" shall be applied to the said Development as a
Development Charge.
(j) Where there is Development of land outside of the Urban Area and, where a
connection of a Building in the Development to stormwater drainage and control
services is proposed, the applicable charge set out in Schedule "D" shall be
applied to the said Development as a Development Charge.
Designation of Services / Class of Services
12. All Development of land within the area to which this By-law applies will increase
the need for Services / Class of Services.
13. The Development Charges applicable to a Development as determined pursuant to
this By-law shall apply without regard to the Services / Class of Services required
or used by an individual Development. It is not necessary that the amount of the
Development Charges for a particular Development be limited to an increase in
capital costs, if any, that are attributable to that particular development.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
21 of 52
Approvals for Development
14. The Development of land is subject to a Development Charge where the
Development requires the following:
(a) the passing of a zoning By-law or an amendment thereto under section 34 of
the Planning Act;
(b) the approval of a minor variance under section 45 of the Planning Act;
(c) a conveyance of land to which a By-law passed under subsection 50(7) of the
Planning Act applies;
(d) the approval of a plan of subdivision under section 51 of the Planning Act;
(e) a consent 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; or
(g) the issuance of a permit under the Building Code Act, 1992, S.O. 1992, c.23 in
relation to a building or structure.
15. Where two or more of the actions described in section 14 of this By-law occur at
different times, or a second or subsequent building permit is issued resulting in
increased, additional or different Development, then additional Development
Charges shall be imposed in respect of such increased, additional, or different
Development permitted by that action.
16. Where a Development requires an approval described in subsections 14(a) to 14(f)
of this By-law after the issuance of a building permit and no Development Charges
have been paid, then the Development Charges shall be paid prior to the granting
of any approval required under subsections 14(a) to 14(f) of this By-law.
17. Where a Development does not require a building permit but does require one or
more of the approvals described in subsections 14(a) to 14(f) of this By-law, then,
notwithstanding sections 37 and 38 of this By-law, Development Charges shall be
payable and paid prior to the granting of any approval required under subsections
14(a) to 14(f) of this By-law.
18. Nothing in this By-law prevents Council from requiring, in a condition of an
approval or an agreement respecting same under section 51 of the Planning Act or
as a condition of consent or an agreement respecting same under section 53 of the
Planning Act that the owner, at his or her own expense, shall install such local
services related to or within a plan of subdivision, as Council may require, in
accordance with the City's applicable Local Services Policies in effect at this time.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
22 of 52
Calculation of Development Charges
19. A Development Charge imposed pursuant to this By-law shall, subject to any other
applicable provision hereof, be calculated as follows:
(a) Subject to (i), (ii) and (iii) below, in the case of Residential Development or the
residential portion of Mixed Use Development, or the residential portion of a
Live / Work Unit, based on the number and type of Residential Units:
(i)
in the case of a Residential Facility or Lodging House based upon the
number of bedrooms;
(ii)
subject to (iii) below, in the case of a Residential Unit containing six or
more Bedrooms, the sixth and any additional Bedroom shall be charged at
the applicable Residential Facility rate; or
(iii) in the case of an Apartment Residential Unit containing six or more
Bedrooms, then the following applies: (A) the applicable "apartment
2 bedroom +" rate shall apply to the Residential Unit and the first five
Bedrooms; and (B) the applicable Residential Facility rate shall apply to
the sixth Bedroom and each additional Bedroom;
(b) in the case of Non-residential Development based upon the Gross Floor Area
of such Development measured in square feet;
(c) in the case of the Non-residential Use portion of a Mixed Use Development,
based upon the Gross Floor Area of the Non-residential Use component
measured in square feet; and
(d) in the case of the Non-residential Use portion of a Live / Work Unit, based upon
the Gross Floor Area of the Non-residential Use component of such
Development measured in square feet.
20. Subject to the provisions of this By-law, Development Charges against land are to
be calculated and collected in accordance with the Services and rates set out in
Schedules "A" through "E" to this By-law.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
23 of 52
Development Charge Applicability
21. No Development Charge shall be imposed on any Building owned by and used for
the purposes of:
(a) the City of Hamilton;
(b) a Board of Education;
(c) a local board; or,
(d) CityHousing Hamilton.
Industrial Development Exemptions
22. No Development Charge shall be imposed on one or more enlargements of an
Existing Industrial Building, up to a maximum of fifty percent (50%) of the Gross
Floor Area of the Existing Industrial Building.
23. Where a proposed enlargement exceeds fifty percent (50%) of the Gross Floor
Area of an Existing Industrial Building, Development Charges are payable on the
amount by which the proposed enlargement exceeds fifty percent (50%) of the
Gross Floor Area before the enlargement.
24. The cumulative total of the Gross Floor Area previously exempted hereunder shall
be included in the determination of the amount of the exemption applicable to any
subsequent enlargement.
25. Where a subdivision of a lot or parcel of land subsequent to any enlargement
previously exempted hereunder results in the existing industrial Building being on a
lot or parcel separate from the Development previously, further exemptions, if any,
pertaining to the existing industrial Building shall be calculated on the basis of the
lot or parcel of land as it exists at the time of said enlargement.
Other Exemptions from Development Charges
26. Exemptions or partial exemptions or reductions in accordance with the Act or any
other Province of Ontario legislation will be applied.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
24 of 52
27. Notwithstanding any other provision of this By-law, no Development Charges are
imposed under this By-law respecting;
(a) a Building, or part thereof, used for parking but excluding a building or part
thereof used for Commercial Parking;
(b) an Agricultural Use;
(c) a Place of Worship;
(d) a Temporary Building or Structure, subject to section 36;
(e) a Farm Labour Residence;
(f) residential units developed by a Non-Profit Housing Developer that (A) either
have been approved to receive funding for the development of the dwelling
units as affordable housing from the Government of Canada (including their
Crown corporations), the Province of Ontario (including their Crown
corporations) or the City of Hamilton under an affordable housing program; and
(B) such dwelling unit is not eligible for funding for development charge
liabilities from the Government of Canada or the Province of Ontario (including
their Crown corporations);
(g) a Child Care Centre operated by a Non-Profit Child Care Provider located in a
building owned by a Board of Education subject to Board of Education
providing assurance in a form satisfactory to the General Manager of Finance
and Corporate Services that said use will be located in the building and that:
(i) the City at the discretion of the General Manager of Finance and Corporate
Services enter into agreements with Boards of Education for the purposes
of providing such assurance and that the General Manager of Finance and
Corporate Services or their delegate be authorized to execute such
agreements on such terms and conditions satisfactory to the General
Manager of Finance and Corporate Services and in form satisfactory to the
City Solicitor;
(ii) the General Manager of Finance and Corporate Services or their delegate
be authorized to execute ancillary agreements and documents in
connection with agreements described in subsection 27(g)(i);
(iii) in the absence of an agreement described in subsection 27(g)(i) the
General Manager of Finance and Corporate Services or their delegate be
authorized to execute such documents in connection with the assurance on
such terms and conditions satisfactory to the General Manager of Finance
and Corporate Services.
(h) A Child Care Centre operated by a Non-Profit Child Care Provider.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
25 of 52
Downtown CIPA Partial Exemption
28. Notwithstanding any other provision of this By-law, the Development Charges
payable under this By-law respecting Class A Office Development within the
boundaries of the Downtown CIPA shall be reduced by 70% after all credits, partial
exemptions and other exemptions are applied under this By-law, for only the
portion of the Class A Office Development that is within the height restrictions as
shown in Schedule F - Figure 1 of City Zoning By-law 05-200 as it read prior to
any amendment thereto applicable to the particular development to which the
Development Charges are payable and any Development in excess of said height
restrictions shall be subject to the full calculated Development Charge.
29. In addition to the partial exemption provided for in Section 57, all Non-Industrial
Development, Industrial Development and the Non-residential component of Mixed
Use Development within the boundaries of the Downtown CIPA as shown in By
law 21-163, as amended, is exempt from 40% of Development Charges payable
under this By-law.
The exemption in this Section 29 shall be applied after all credits, partial
exemptions and other exemptions are applied under this By-law, except for the
partial exemption under Section 56 which shall be applied after the partial
exemption in this Section 29 is applied, for only the portion of the Building that is
within the height restrictions as shown in Schedule F - Figure 1 of City Zoning By-
law 05-200 as it read prior to any amendment thereto applicable to the particular
development to which the Development Charges are payable and any
Development in excess of said height restrictions shall be subject to the full
calculated Development Charge.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
26 of 52
30. Notwithstanding any other provision of this By-law, the Development Charges
payable under this By-law respecting all Residential Development within the
boundaries of the Downtown CIPA shall be reduced after all credits, partial
exemptions and other exemptions are applied:
(a) by the percentages;
(b) for the time periods;
(c) for the types of applications; and;
(d) as of the date, identified in the following Table 1:
Table 1: Downtown Hamilton CIPA Partial Exemption
Date
Percentage of
reduction (%)
June 1, 2024 to May 31, 2025
40
June 1, 2025 to May 31, 2026
35
June 1, 2026 to May 31, 2027
30
June 1, 2027 to May 31, 2028
20
June 1, 2028 to May 31, 2029
10
June 1, 2029 to May 31, 2034
0
The Development Charges payable under this By-law respecting all Residential
Development within the boundaries of the Downtown CIPA shall be reduced
after all credits, partial exemptions and other exemptions are applied under this
By-law, for only the portion of the Building that is within the height restrictions
as shown in Schedule F - Figure 1 of City Zoning By-law 05-200 as it read prior
to any amendment thereto applicable to the particular development to which the
Development Charges are payable and any Development in excess of said
height restrictions shall be subject to the full calculated Development Charge.
31. The partial exemptions in sections 28, 29 and 30 shall not apply in addition to the
exemptions, partial exemptions or reductions in section 27 or subsections 32(a) to
(e). The partial exemptions provided in sections 28, 29 and 30 shall only apply if
the amount of exemption is greater than the exemptions, partial exemptions or
reductions provided under section 27 or subsections 32(a) to (e), individually or
cumulatively. If the exemptions, partial exemptions or reductions under section 27
or subsections 32(a) to (e) are greater, individually or cumulatively, than the partial
exemptions which could be provided under sections 28, 29 and 30, no partial
exemptions pursuant to sections 28, 29 and 30 shall apply. For the purpose of this
section, the Residential Use and Non-residential Use portion of a Mixed Use
Development may be viewed as independent of one another and the exemption
under this By-law that provides the greatest reduction in Development Charges
payable shall be applied to each use.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
27 of 52
Other Partial Exemptions
32. Notwithstanding any other provision of this By-law, the Development Charges
payable under this By-law respecting the following types of Development will be
partially exempt from Development Charges under this By-law in the manner and
to the extent set out below:
(a) for any Non-industrial Development other than an expansion, within the
boundaries of the CIPAs or BIAs, and for any Office Development other than an
expansion anywhere in the City, Development Charges shall be imposed as
follows:
(i) 50% of the applicable Development Charge on the first 5,000 square feet;
(ii) 75% of the applicable Development Charge for each square foot in excess
of 5,000 square feet and under 10,000 square feet;
(iii) 100% of the applicable Development Charge on the amount of
Development exceeding 10,000 square feet.
Where Development has been exempted pursuant to this subsection, the
exemption set out in subsection 32(b) below does not apply to any subsequent
expansion on such Development.
(b) the initial 5,000 square feet of Gross Floor Area of an Office Development
expansion, whether attached or unattached to an existing Office Development,
shall be exempted from the payment of Development Charges provided that:
(i) the office development has not had the exemption in subsection 32(a)
previously applied to it under this By-law;
(ii) the Office Development has not been the subject of any exemptions or
partial exemptions from the payment of Development Charges under any
other Development Charges By-laws which are no longer in force;
(iii) where unattached to an existing Office Development, the expansion must
be situated on the same site as the existing Office Development; and,
(iv) where, subsequent to an unattached expansion exempted hereunder, the
Lot is further subdivided such that the original existing Office Development
and the unattached expansion thereof are no longer situated on the same
Lot, further exemptions pursuant to this section, if any, shall only be
calculated on the basis of the Office Development and the Lot as they
existed on the date of the first exemption.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
28 of 52
(c) Redevelopment of an existing Residential Development for the purpose of
creating Residential Facilities or Lodging Houses within the existing building
envelope is exempt from 50% of the Development Charge otherwise payable
pursuant to this By-law.
(d) Redevelopment of an existing Residential Facility or Lodging House for the
purpose of creating additional bedrooms in a Residential Facility or Lodging
House within the existing building envelope shall be exempt from 50% of the
Development Charge payable pursuant to this By-law. Notwithstanding
anything else contained in this By-law, save and except subsection 33(e) and
subsection 35(d), the credit applicable to any such Redevelopment shall be
based on 100% of the applicable Residential Facility rate or Lodging House
rate according to sections 52 and 54 for the said redevelopment within the
meaning of section 35 of this By-law.
(e) the Adaptive Reuse of the part of a building on a Protected Heritage Property
that contains:
(i) heritage attributes that are the subject of designation under Part IV of the
Ontario Heritage Act;
(ii) features subject to a Heritage Easement under Part II of the Ontario
Heritage Act;
(iii) features subject to a Heritage Easement under Part IV of the Ontario
Heritage Act; or
(iv) features subject to a covenant or agreement on title held between the
property owner and a conservation authority or level of government in the
interest of conserving,
is exempted from Development Charges.
(f) The Development Charge for a Production Studio, Artist Studio and
Manufacturing Facility shall be reduced by 37%.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
29 of 52
(g) The Development Charge for an Industrial Development other than a
Manufacturing Facility shall be reduced:
(i) by the percentages;
(ii) for the time periods;
(iii) for the types of applications; and;
(iv) as of the date, identified in the following Table 2:
Table 2: Development Charges Reduction for an Industrial Development
other than a Manufacturing Facility
Date
Percentage of
reduction (%)
June 1, 2024 to May 31, 2025
37
June 1, 2025 to May 31, 2026
32
June 1, 2026 to May 31, 2027
27
June 1, 2027 to May 31, 2028
22
June 1, 2028 to May 31, 2029
17
June 1, 2029 to May 31, 2030
12
June 1, 2030 to May 31, 2031
7
June 1, 2031 to May 31, 2032
2
June 1, 2032 to May 31, 2034
0
(h) No Development Charge shall be imposed on one or more Manufacturing
Facilities on the same lot or parcel of land as one or more Existing
Manufacturing Facilities but not attached thereto, up to a maximum of fifty
percent (50%) of the combined Gross Floor Area of the Existing Manufacturing
Facilities.
(i) Where lands are merged or otherwise added to a lot or parcel of land after
July 16, 2018, the exemption in subsection 32(h) shall only be available to
Development on the lot or parcel of land as it existed as of July 16, 2018 and
the exemption in subsection 32(h) shall not apply to any Development on lands
that were merged with or added to a lot or parcel of land after July 16, 2018.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
30 of 52
Rules with Respect to Redevelopment - Demolitions
33. In the case of the demolition of all or part of a Building:
(a) a credit shall be allowed against the Development Charges otherwise payable
pursuant to this By-law, provided that a building permit has been issued for the
Redevelopment within five years of the issuance date of the demolition permit
on the same land and may be extended by the General Manager of Finance
and Corporate Services either for Developments located outside the Urban
Area or for Developments where it has been determined by the General
Manager of Planning and Economic Development that significant development
delays were not the responsibility of the developer, or may be otherwise
extended by Council;
(b) the credit shall be calculated at the time Development Charges are due for the
Redevelopment as follows:
(i) for the portion of the Building used for Residential Uses, by multiplying the
applicable Development Charge under section 11 of this By-law by the
number, according to type, of the Residential Units that have been or will be
demolished as supported by a demolition agreement; and
(ii) for the portion of the Building used for Non-residential Uses, by multiplying
the applicable Development Charge under section 11 of this By-law,
according to type of Non-residential Use, by the Gross Floor Area that has
been or will be demolished as supported by a demolition agreement;
(c) without limiting the generality of the foregoing, the credit for the demolished
building shall be reduced or eliminated by the amount of any exemption, partial
exemption or other reduction provided under this By-law applicable to the
demolished use as if the demolished Building were being assessed as new
development under this By-law;
(d) without limiting the generality of the foregoing, no credit shall be allowed for
demolished Buildings, or parts thereof, that would have been exempted
pursuant to subsection 32(e); and
(e) the amount of any credit pursuant to this section shall not exceed, in total, the
amount of the Development Charges otherwise payable pursuant to this By-law
with respect to the Redevelopment.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
31 of 52
Rules with Respect to Redevelopment - Conversions
34. When Redevelopment involves the conversion of the use of an existing Building
from one use to another use the existing use of the Building preceding the
conversion (the "Current Use") shall be determined as follows:
(a) If the existing use is subject to the payment of Development Charges under this
By-law it shall be deemed to be the Current Use;
(b) If the existing use is a use fully exempt from the payment of Development
Charges but was preceded by a use of the existing Building that is subject to
the payment of Development Charges under this By-law the preceding use of
the Building shall be deemed to be the Current Use of the Building and any
additions to the Building during its time of use as a use fully exempt from
Development Charges under this By-law shall not be considered to be part of
the Current Use of the Building; or,
(c) If the existing use is a use fully exempt from the payment of Development
Charges and there was no preceding use of the existing Building it shall be
deemed to be the Current Use.
35. Where an existing Building is converted in whole or in part from its Current Use to
a different use,
(a) the amount of Development Charges payable shall be reduced by the amount,
calculated pursuant to this By-law at the current Development Charges rates in
respect of the Current Use;
(b) the Current Use shall be the use as confirmed through the City's Building
Division and related permit records. If such records are not available, the
Current Use shall be determined using property tax records or such other City
records as may be available;
(c) for greater certainty, and without limiting the generality of the foregoing, the
credit for the converted building shall be reduced or eliminated by the amount
of any exemption, partial exemption or other reduction provided under this
By-law applicable to the Current Use as if the converted Building were being
assessed as new development under this By-law; and
(d) the amount of any credit pursuant to this section shall not exceed, in total, the
amount of the Development Charges otherwise payable pursuant to this By-law
with respect to the Redevelopment.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
32 of 52
Temporary Buildings or Structures
36. Where an application is made for the issuance of a permit under the Building Code
in relation to a Temporary Building or Structure, the Chief Building Official, or his or
her delegate, may, as a condition of the issuance of the said permit, require that
the owner of the land enter into an agreement with the City pursuant to section 27
of the Act and sections 40 to 46 of this By-law and submit security satisfactory to
the General Manager of Finance and Corporate Services and the City Solicitor, to
be realized upon in the event that the Temporary Building or Structure remains on
the land for more than one year, or any other time as may be set out in the said
agreement or security, from the date of the construction or erection thereof. A
Temporary Building or Structure that has not been removed or demolished by the
first anniversary of its construction or erection on the land, or by the date specified
in an agreement, shall be deemed not to be, nor ever to have been, a Temporary
Building or Structure and Development Charges under this By-law shall become
due and payable forthwith and the City may draw upon any security as payment for
the Development Charges payable.
Collection of Development Charges
37. Subject to the provisions of sections 39 to 46, Development Charges are payable
at the time a building permit is issued with respect to a Development.
38. Despite section 37, a Development Charge in respect of any part of a
Development that consists of a type of Development set out in subsection 26.1(2)
of the Act, is payable in accordance with section 26.1 of the Act, including interest
as per the City's Development Charge Interest Policy FPAP-DC-002 as may be
revised from time to time, for so long as section 26.1 of the Act remains in force
and effect.
Prepayment or Deferral Agreements
39. For developments under subsection 26.1(2) of the Act only, the General Manager
of Finance and Corporate Services may authorize in writing, in accordance with
section 27 of the Act, and subject to the eligibility criteria as set out by the General
Manager of Finance and Corporate Services, an agreement with a person to
permit, on such terms as the General Manager of Finance and Corporate Services
may require, the payment of the Development Charges as early as building permit
issuance.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
33 of 52
40. Save as otherwise specified in this By-law, and for Non-residential Development, a
Mixed Use Development, a Residential Facility, a Lodging House or an Apartment
Dwelling only, the General Manager of Finance and Corporate Services may
authorize in writing, in accordance with section 27 of the Act, and subject to the
eligibility criteria as set out by the General Manager of Finance and Corporate
Services, an agreement with a person to permit, on such terms as the General
Manager of Finance and Corporate Services may require, including the payment of
interest by such person, and for an initial term no longer than five years, the
payment of the Development Charge before or after it is otherwise payable under
this By-law. The General Manager of Finance and Corporate Services may, on
such terms as the General Manager of Finance and Corporate Services may
require, including the payment of interest by such person, extend the initial term by
no more than two years.
41. Notwithstanding section 40 above, for any Development that has been approved
by the City for an ERASE Redevelopment Grant, or any successor thereof, the
General Manager of Finance and Corporate Services may authorize in writing, in
accordance to section 27 of the Act, an agreement with a person to permit, on
such terms as the General Manager of Finance and Corporate Services may
require, without interest, the payment of a portion or all of the Development Charge
after it is otherwise payable under this By-law for an amount not to exceed the
amount of the approved ERASE Grant and for a period of time not to exceed the
date on which the final payment of the approved ERASE Redevelopment Grant will
be made.
42. Notwithstanding section 40 above, the General Manager of Finance and Corporate
Services may, relating to a Development that consists of one building that requires
more than one building permit, authorize in writing, in accordance with section 27
of the Act, an agreement to permit, on such terms as the General Manager of
Finance and Corporate Service may require, including the payment of instalments
related to subsequent building permits and interest by such person and for a term
no longer than five years, the payment of the Development Charge after it is
otherwise payable under this By-law.
43. Notwithstanding section 40 above, Council may authorize an agreement with a
hospital that is approved under Public Hospitals Act, R.S.O. 1990, c. P. 40, and
R.R.O. 1990, Regulation 964 as a public hospital to permit, on such conditions as
Council may require, including the payment of interest, and for a term no longer
than 10 years, the payment of the Development Charge after it is otherwise
payable under this By-law.
44. Notwithstanding section 40 above, Council may authorize an agreement with a
university or other post-secondary school offering a degree or diploma recognized
by the Province of Ontario, on such conditions as Council may require, including
the payment of interest, and for a term no longer than 30 years, the payment of the
Development Charge after it is otherwise payable under this By-law.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
34 of 52
45. The General Manager of Finance and Corporate Services shall have the authority
to execute any agreements authorized by sections 39 to 44 and any ancillary or
subsidiary documentation related to any such agreement or necessary to give
effect to the authority delegated in sections 39 to 44.
46. The General Manager of Finance and Corporate Services shall be authorized to
direct the City Solicitor to commence legal proceedings and enter into agreements
to ensure the collection of amounts deferred under sections 40 to 44 of this By-law
and under section 27 of the Act and the General Manager of Finance and
Corporate Services shall be authorized to execute any such agreements and
ancillary documentation.
Credit for Services-in-lieu Agreement
47. In accordance with sections 38, 39, 40 and 41 of the Act, a person may perform
work that relates to a service to which this By-law applies, in return for a credit
towards the Development Charges payable by the said person, by way of an
agreement. No such credit shall exceed the total Development Charges payable
by the person.
Front-Ending Agreements
48. Council may authorize a front-ending agreement in accordance with the provisions
of Part III of the Act, upon such terms as Council may require, in respect of the
Development of land.
Administration of By-law
49. This By-law shall be administered by the Corporate Services Department of the
City of Hamilton.
Indexing
50. The Development Charges set out in Schedule "A" through "D" of this By-law shall
be adjusted annually without amendment to this By-law by the percentage change
during the preceding year, as recorded in the Statistics Canada's Building
Construction price index, by type of building (non-residential building)
(Table 18-10-0276-02) for the City of Toronto, as may be amended or replaced
from time to time. This adjustment shall take place as follows:
(a) the initial adjustment shall occur on June 1, 2024 at 12:01am, and
(b) thereafter, adjustment shall be made each year on June 1.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
35 of 52
Reserve Fund Report
51. The General Manager of Finance and Corporate Services shall, in each year prior
to June 30 thereof, commencing June 30, 2025 for the 2024 year, furnish to
Council a statement in respect of the reserve funds required by the Act for the
Services / Classes of Services to which this By-law relates, for the prior year,
containing the information as required by the Act and Regulation.
When Amount of Development Charge is Determined
52. The amount of a Development Charge payable under this By-law shall be
determined in accordance with section 26.2 of the Act and other provisions in the
Act providing when the amount of the Development Charge is determined.
53. Interest on the total amount of Development Charges determined shall be charged
as permitted by the Act to the date of building permit issuance in accordance with
the City's Development Charge Interest Policy FPAP-DC-003, as may be revised
from time to time.
54. Where subsection 26.2(1)(a) and (b) of the Act do not apply, the Development
Charges shall be calculated in accordance with the Act subject to the following
reduction, if applicable. The Development Charge rates payable shall be the rates
in effect on the date a complete building permit application is received and
accepted by the City's Chief Building Official, provided that the permit is issued
within 6 months of the effective date of the first Development Charge rate increase
following said building permit application. Where the said building permit is lawfully
revoked by the Chief Building Official on or after the date of the said Development
Charge rate increase, any subsequent application for a building permit on the
lands or site will be subject to the Development Charge rate in effect on the date of
building permit issuance. For the purposes of this section, a "complete application"
means an application with all information and plans required as per the Ontario
Building Code.
Overpayments and Underpayments
55. Refunds or partial refunds of Development Charges that have been paid will be
made without interest, including cases where a permit is cancelled and where the
City has made an error in the calculation of the Development Charges which
resulted in an overpayment to the City.
56. Additional payment of Development Charges shall be made where there has been
an error in the calculation of the Development Charges which resulted in an
underpayment of Development Charges. The amount of the difference between
the corrected amount of Development Charges payable and the Development
Charges paid shall be payable on demand and unpaid amounts will be added to
the tax roll for the property in accordance with section 32 of the Act.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
36 of 52
Temporary Partial Exemptions
57.
(a) Notwithstanding any other provision of this By-Law, the Development Charges
payable under this By-Law respecting all Development or Redevelopment shall
be reduced by 4%, after all credits, partial exemptions, and other exemptions are
applied, except for the partial exemption under Section 57(b), which shall be
applied after the exemption in this Section 57(a) is applied, for the period
between June 1, 2026 and May 31, 2027.
(b) Notwithstanding any other provision of this By-Law, the Development Charges
payable under this By-Law respecting all Development or Redevelopment shall
be reduced after all credits, partial exemptions and other exemptions are applied
by 20% between September 1, 2025 and August 31, 2027.
General
58. This By-law may be referred to as the "City of Hamilton Development Charges
By-law, 2024."
Date By-law Effective
59. This By-law shall come into force and take effect at 12:01 a.m. on June 1, 2024.
Date By-law Expires
60. This By-law expires ten years after the date on which it comes into force or be
repealed on such earlier expiry date as Council may determine.
By-law Registration
61. A certified copy of this By-law may be registered in the Land Titles Office as
against title to any land to which this By-law applies.
Headings for Reference Only
62. 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.
Severability
63. If, for any reason, any section or subsection of this By-law is held 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 or amended, in
whole or in part or dealt with in any other way.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
37 of 52
Repeal
64. By-law 19-142, as amended, is hereby repealed effective as of the date and time
of this By-law coming into effect.
Non-binding Nature
65. Nothing in this By-law shall be construed so as to commit or require the City or its
Council to authorize or proceed with any specific capital project at any specific
time.
PASSED this 8th day of May, 2024.
A. Horwath
J. Pilon
Mayor
Acting City Clerk
SCHEDULE A, TO BY-LAW 24-072
FULL RATE CITY WIDE DEVELOPMENT CHARGES - EFFECTIVE JUNE 1, 2024
Schedule A-a: Municipal Wide Residential $
Service / Class of Service
Single and
Semi-Detached
Dwellings
Other Multiples
Apartments - 2
Bedrooms+
Apartments -
Bachelor and 1
Bedroom
Residential
Facility
Services Related to a Highway
18,103
13,512
11,099
6,876
5,636
Services Related to a Highway -
Studies
88
66
54
33
27
Public Works (Facilities and Fleet)
1,335
996
818
507
416
Transit Services
1,601
1,195
982
608
498
Fire Protection Services
1,151
859
706
437
358
Policing Services
1,018
760
624
387
317
Parks and Recreation
11,065
8,259
6,784
4,203
3,445
Library Services
2,061
1,538
1,264
783
642
Long-Term Care Services
231
172
142
88
72
Child Care and Early Years
Programs
-
-
-
-
-
Provincial Offences Act Services
including By-law Enforcement
52
39
32
20
16
Public Health Services
42
31
26
16
13
Ambulance
325
243
199
123
101
Waste Diversion
346
258
212
131
108
Growth Studies
445
332
273
169
139
Total Municipal Wide Services /
Class of Services
37,863
28,260
23,215
14,381
11,788
Note: The Development Charges above are unindexed and are subject to indexing as per Section 50 of this By-law.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
39 of 52
Schedule A-b: Municipal Wide Non-Residential $
Service / Class of Service
Per sq. ft. of
Gross Floor
Area
Services Related to a Highway
13.31
Services Related to a Highway - Studies
0.06
Public Works (Facilities and Fleet)
0.80
Transit Services
0.96
Fire Protection Services
0.69
Policing Services
0.61
Parks and Recreation
0.95
Library Services
0.18
Long-Term Care Services
0.04
Child Care and Early Years Programs
-
Provincial Offences Act Services including By-law Enforcement
0.03
Public Health Services
0.01
Ambulance
0.06
Waste Diversion
0.03
Growth Studies
0.27
Total Municipal Wide Services / Class of Services
18.00
Note: The Development Charges above are unindexed and are subject to indexing as per Section 50 of this By-law.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
40 of 52
SCHEDULE B, TO BY-LAW 24-072
FULL RATE DEVELOPMENT CHARGES FOR WASTEWATER FACILITIES AND LINEAR SERVICES - EFFECTIVE JUNE 1, 2024
Schedule B-a: Urban Area A - Residential $
Service / Class of Service
Single and
Semi-Detached
Dwellings
Other Multiples
Apartments - 2
Bedrooms+
Apartments -
Bachelor and 1
Bedroom
Residential
Facility
Wastewater Facilities
7,125
5,318
4,368
2,706
2,218
Wastewater Linear Services
10,630
7,934
6,517
4,038
3,310
Total Wastewater Services -
Uban Area A
17,755
13,252
10,885
6,744
5,528
Note: The Development Charges above are unindexed and are subject to indexing as per Section 50 of this By-law.
Schedule B-b: Urban Area B - Residential $
Service / Class of Service
Single and
Semi-Detached
Dwellings
Other Multiples
Apartments - 2
Bedrooms+
Apartments -
Bachelor and 1
Bedroom
Residential
Facility
Wastewater Facilities
7,125
5,318
4,368
2,706
2,218
Wastewater Linear Services
-
-
-
-
-
Total Wastewater Services -
Uban Area B
7,125
5,318
4,368
2,706
2,218
Note: The Development Charges above are unindexed and are subject to indexing as per Section 50 of this By-law.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
41 of 52
Schedule B-c: Urban Area A - Non-Residential $
Service / Class of Service
Per sq. ft. of
Gross Floor
Area
Wastewater Facilities
4.53
Wastewater Linear Services
6.75
Total Wastewater Services - Uban Area A
11.28
Note: The Development Charges above are unindexed and are subject to indexing as per Section 50 of this By-law
Schedule B-d: Urban Area B - Non-Residential $
Service / Class of Service
Per sq. ft. of
Gross Floor
Area
Wastewater Facilities
4.53
Wastewater Linear Services
-
Total Wastewater Services - Uban Area B
4.53
Note: The Development Charges above are unindexed and are subject to indexing as per Section 50 of this By-law
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
42 of 52
SCHEDULE C-1, TO BY-LAW 24-072
FULL RATE DEVELOPMENT CHARGES FOR WATER SERVICES - EFFECTIVE JUNE 1, 2024
Schedule C-1-a: Urban Area A - Residential $
Service / Class of Service
Single and
Semi-Detached
Dwellings
Other Multiples
Apartments - 2
Bedrooms+
Apartments -
Bachelor and 1
Bedroom
Residential
Facility
Water Services
6,856
5,117
4,203
2,604
2,135
Note: The Development Charges above are unindexed and are subject to indexing as per Section 50 of this By-law.
Schedule C-1-b: Urban Area B - Residential $
Service / Class of Service
Single and
Semi-Detached
Dwellings
Other Multiples
Apartments - 2
Bedrooms+
Apartments -
Bachelor and 1
Bedroom
Residential
Facility
Water Services
-
-
-
-
-
Note: The Development Charges above are unindexed and are subject to indexing as per Section 50 of this By-law.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
43 of 52
Schedule C-1-c: Urban Area A - Non-Residential $
Service / Class of Service
Per sq. ft. of
Gross Floor
Area
Water Services
4.36
Note: The Development Charges above are unindexed and are subject to indexing as per Section 50 of this By-law
Schedule C-1-d: Urban Area B - Non-Residential $
Service / Class of Service
Per sq. ft. of
Gross Floor
Area
Water Services
-
Note: The Development Charges above are unindexed and are subject to indexing as per Section 50 of this By-law
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
44 of 52
SCHEDULE C-2, TO BY-LAW 24-072
FULL RATE DEVELOPMENT CHARGES FOR WATER AND WASTEWATER STUDIES - EFFECTIVE JUNE 1, 2024
Schedule C-2-a: Residential $
Service / Class of Service
Single and
Semi-Detached
Dwellings
Other Multiples
Apartments - 2
Bedrooms+
Apartments -
Bachelor and 1
Bedroom
Residential
Facility
Water and Wastewater Studies
543
405
333
206
169
Note: The Development Charges above are unindexed and are subject to indexing as per Section 50 of this By-law.
Schedule C-2-b: Non-Residential $
Service / Class of Service
Per sq. ft. of
Gross Floor
Area
Water and Wastewater Studies
0.35
Note: The Development Charges above are unindexed and are subject to indexing as per Section 50 of this By-law
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
45 of 52
SCHEDULE D, TO BY-LAW 24-072
FULL RATE DEVELOPMENT CHARGES FOR STORMWATER DRAINAGE AND CONTROL SERVICES - EFFECTIVE JUNE 1,
2024
Schedule D-a: Combined Sewer System - Residential $
Service / Class of Service
Single and
Semi-Detached
Dwellings
Other Multiples
Apartments - 2
Bedrooms+
Apartments -
Bachelor and 1
Bedroom
Residential
Facility
Stormwater Drainage and Control
Services
9,554
7,131
5,857
3,629
2,975
Stormwater Studies
3,924
2,929
2,406
1,491
1,222
Note: The Development Charges above are unindexed and are subject to indexing as per Section 50 of this By-law.
Schedule D-b: Separated Sewer System - Residential $
Service / Class of Service
Single and
Semi-Detached
Dwellings
Other Multiples
Apartments - 2
Bedrooms+
Apartments -
Bachelor and 1
Bedroom
Residential
Facility
Stormwater Drainage and Control
Services
22,741
16,974
13,942
8,638
7,080
Stormwater Studies
1,581
1,180
969
601
492
Note: The Development Charges above are unindexed and are subject to indexing as per Section 50 of this By-law.
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
46 of 52
Schedule D-c: Combined Sewer System - Non-Residential $
Service / Class of Service
Per sq. ft. of
Gross Floor
Area
Stormwater Drainage and Control Services
0.00
Storwmwater Studies
0.00
Note: The Development Charges above are unindexed and are subject to indexing as per Section 50 of this By-law
Schedule D-d: Separated Sewer System - Non-Residential $
Service / Class of Service
Per sq. ft. of
Gross Floor
Area
Stormwater Drainage and Control Services
4.75
Storwmwater Studies
1.24
Note: The Development Charges above are unindexed and are subject to indexing as per Section 50 of this By-law
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
47 of 52
SCHEDULE E, TO BY-LAW 24-072
FULL RATE SPECIAL AREA DEVELOPMENT CHARGES - EFFECTIVE JUNE 1, 2024
Schedule E-a: Residential $
Service / Class of Service
Single and
Semi-Detached
Dwellings
Other Multiples
Apartments - 2
Bedrooms+
Apartments -
Bachelor and 1
Bedroom
Residential
Facility
Special Area Development
Charge
1,931
1,441
1,884
734
601
Schedule E-b: Non-Residential $
Service / Class of Service
Per sq. ft. of
Gross Floor
Area
Special Area Development Charge
1.07
SCHEDULE F, TO BY-LAW 24-072
MUNICIPAL BOUNDARY MAP
This map identifies the municipal border of the City of Hamilton
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
49 of 52
SCHEDULE G, TO BY-LAW 24-072
URBAN AREA A AND MUNICIPAL BOUNDARY MAP
This map identifies Urban Area A in grey and the Municipal Boundary of the City of
Hamilton with dashed lines
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
50 of 52
SCHEDULE H, TO BY-LAW 24-072
URBAN AREA AND MUNICIPAL BOUNDARY MAP
This map identifies the Urban Area of the City of Hamilton in grey and a portion of the
Municipal Boundary of the City of Hamilton with dashed lines
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
51 of 52
SCHEDULE I, TO BY-LAW 24-072
COMBINED SEWER SYSTEM AREA AND MUNICIPAL BOUNDARY MAP
This map identifies the City of Hamilton Combined Sewer System in grey and the
Municipal Boundary of the City of Hamilton with dashed lines
Being a By-Law Respecting Development Charges
on Lands within the City of Hamilton
52 of 52
SCHEDULE J, TO BY-LAW 24-072
DUNDAS / WATERDOWN SPECIAL AREA DEVELOPMENT CHARGE MAP
This map identifies the area to which the Dundas / Waterdown Special Area Charge
applies in red, a potion of the Municipal Boundary of the City of Hamilton is shown with
dashed lines