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THE CORPORATION OF THE TOWN OF HAWKESBURY
BY-LAW N° 16-2020
A By-law to Establish Development
Charges for the Corporation of the Town of
Hawkesbury
WHEREAS Section 2(1) of the Development Charges Act, 1997, S.O. 1997, c. 27
(hereinafter called the Act) enables the Council of a municipality to pass by-laws for
the imposition of development charges against land located in the municipality for
increased capital costs required because of the increased need for services arising
from development in the area to which the by-law applies;
AND WHEREAS the Council of the Corporation of the Town of Hawkesbury, at its
meeting of December 16", 2019, approved a report entitled Town of Hawkesbury
2019 Development Charges Background Study;
AND WHEREAS the Council has given notice in accordance with Section 12 of the
Development Charges Act, 1997 of its development charges proposal and held a
public meeting on February 18, 2020;
AND WHEREAS the Council has heard all persons who applied to be heard in
objection to, or in support of, the development charges proposal at such public
meeting and provided a subsequent period for written communications to be
made;
AND WHEREAS the Council, approved the Town of Hawkesbury 2019
Development Charges Background Study on December 16", 2019, directed that
development charges be imposed on land under development or redevelopment
within the geographical limits of the municipality as hereinafter provided.
NOW THEREFORE, the Council of the Corporation of the Town of Hawkesbury
enacts as follows:
1: DEFINITIONS
In this by-law,
By-Law N° 16-2020
Page 2
a "Act" means the Development Charges Act, 1997, S.O. 1997, c. 27, as
amended.
1.2 "administration service" means any and all development-related studies
carried out by the municipality which are with respect to eligible services
for which a development charge by-law may be imposed under the Act;
1.3 "accessory use" means where used to describe a use, building, or
structure that the use, building or structure is naturally and normally
incidental, subordinate in purpose of floor area or both, and exclusively
devoted to a principal use, building or structure;
1.4 "agricultural use" means a bona fide farming operation;
1.5 "apartment unit" means any residential unit within a building containing
three or more dwelling units where access to each residential unit is
obtained through a common entrance or entrances from the street level
and the residential units are connected by an interior corridor;
1.6 "bedroom" means a habitable room larger than seven square metres,
including a den, study, or other similar area, but does not include aliving
room, dining room or kitchen;
1.7 "benefiting area" means an area defined by map, plan or legal description
in a front-ending agreement as an area that will receive a benefit from the
construction of a service;
1.8 "board of education" means a board defined in s.s. 1(1) of the Education
Act;
1.9 "Building Code Act" means the Building Code Act, 1992, S.O. 1992, c.23,
as amended;
1.10 "capital costs" means costs incurred or proposed to be incurred by the
municipality or a local board thereof directly or under an agreement,
(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,
By-Law N° 16-2020
Page 3
(d) to acquire, lease, construct or improve facilities including:
(i) rolling stock, furniture and equipment with an estimated
useful life of seven years or more,
(ii) materials acquired for circulation, reference or information
purposes by a library board as defined in the Public Libraries
Act, 1984, S. 0, 1984, c. 57,
(iii) furniture and equipment, other than computer equipment,
(e) to undertake studies in connection with any matter under the Act
and any of the matters in clauses (a) to (d), required for the
provision of services designated in this by-law within or outside the
municipality, including interest on borrowing for those expenditures
under clauses (a), (b), (c) and (d) that are growth-related:
1.11. "commercial" means any use of land, structures or buildings for the
purposes of buying or selling commodities and services, but does not
include industrial or agricultural uses, but does include hotels, motels,
motor inns and boarding, lodging and rooming houses:
1.12 "Council" means the Council of the Corporation of the Town of
Hawkesbury;
1.13 "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 the effect of increasing the size of usability
thereof, and includes redevelopment;
1.14 "development charges" means a charge imposed pursuant to this by-law;
1.15 "dwelling unit" means any part of a building or structure used, designed or
intended to be used as a domestic establishment in which one or more
persons may sleep and are provided with culinary and sanitary facilities for
their exclusive use;
1.16 "existing" means existing as of the date of the passing of this By-law;
1.17 "grade" means the average level of finished ground adjoining a building at
all exterior walls;
1.18 "gross floor area" means
By-Law N° 16-2020
Page 4
(a) in the case of a residential building or structure, the total area of all
floors above grade of a dwelling unit measured between the outside
surfaces of exterior walls or between the outside surfaces of
exterior walls and the centre line of party walls dividing the dwelling
unit from any other dwelling unit or other portion of a building; and
(b) in the case of a non-residential building or structure, or in the case
of a mixed-use building or structure in respect of the non-residential
portion thereof, the total area of all building floors above or below
grade measured between the outside surfaces of the exterior walls,
or between the outside surfaces of exterior walls and the centre line
of party walls dividing a non-residential use and a residential use,
except for:
(i) a room or enclosed area within the building or structure
above or below that is used exclusively for the
accommodation of heating, cooling, ventilating, electrical,
mechanical or telecommunications equipment that service
the building;
(ii) loading facilities above or below grade; and
(iii) | apart of the building or structure below grade that is used for
the parking of motor vehicles or for storage or other
accessory use;
1.19 "hospital" means land, buildings, or structures used, or designed or
intended for use as defined in the Public Hospitals Act, R.S.O. 1990, c.
P. 40, as amended;
1.20 "industrial" means lands, buildings or structures used or designed or
intended for use for manufacturing, processing, fabricating or assembly of
raw goods, warehousing or bulk storage of goods, and includes office
uses and the sale of commodities to the general public where such uses
are accessory to an industrial use, but does not include the sale of
commodities to the general public through a warehouse club;
1.21 "institutional" means land, buildings, structures or any part thereof used by
any organization, group or association for promotion of charitable,
educational or benevolent objectives and not for profit or gain. For the
purposes of s.s.7(2) herein, means development of a building or structure
By-Law N° 16-2020
Page 5
intended for use,
(a) as a long-term care home within the meaning of subsection 2 (1) of
the Long-Term Care Homes Act, 2007:
(b) as a retirement home within the meaning of subsection 2 (1) of the
Retirement Homes Act, 2010;
(c) 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 subclause (i), or
(iii) | an Indigenous Institute prescribed for the purposes of
section 6 of the /ndigenous Institutes Act, 2017:
(d) as a memorial home, clubhouse or athletic grounds by an Ontario
branch of the Royal Canadian Legion; or
(e) as a hospice to provide end of life care.;
1.22 "Local Board" means a school board, public utility, commission,
transportation commission, public library board, board of park
management, local board of health, board of commissioners of police,
planning board, or any other board, commission, committee, body or local
authority established or exercising any power or authority under any
general or special Act with respect to any of the affairs or purposes,
including school purposes, of the municipality or any part or parts thereof;
1.23 "local services" means those services, facilities or things which are under
the jurisdiction of the Town of Hawkesbury and are related to a plan of
subdivision or within the area to which the plan relates in respect of the
lands under Sections 41, 51 or 53 of the Planning Act, or any successor
thereof;
1.24 "multiple dwellings" means all dwellings other than single-detached, semi-
detached and apartment unit dwellings;
1.25 "Municipality" means The Corporation of the Town of Hawkesbury;
1.26 "non-profit housing" means development of a building or structure
intended for use as residential premises by,
By-Law N° 16-2020
Page 6
(a) a corporation without share capital to which the Corporations Act
applies, that is in good standing under that Act and whose primary
object is to provide housing;
(b) a corporation without share capital to which Canada Not-for-profit
Corporations Act applies, that is in good standing under that Act
and whose primary object is to provide housing; or
(c) a non-profit housing cooperative that is in good standing under the
Co-operative Corporations Act;
1.27 "non-residential use" means land, buildings, or structures or portions
thereof used, or designed or intended for a use other than a residential
use;
1.28 "Official Plan" means the Official Plan adopted for the municipality, as
amended and approved;
1.29 "owner" means the owner of land or a person who has made an
application for approval for the development of land upon which a
development charge is imposed:
1.30 "Planning Act" means the Planning Act, 1990, R.S.O. 1990, c.P.13, as
amended;
1.31 "rate" means the interest rate established weekly by the Bank of Canada
based on Treasury Bills having a term of 91 days;
1.32 "regulation" means any regulation made pursuant to the Act;
1.33 "rental housing" means development of a building or structure with four or
more dwelling units all of which are intended for use as rented residential
premises;
1.34 "residential dwelling" means a building, occupied or capable of being
occupied as a home, residence or sleeping place by one or more persons,
containing one or more dwelling units but not including motels, hotels,
tents, truck campers, tourist trailers, mobile camper trailers or boarding,
lodging or rooming houses;
1.35 "residential use" means the use of a building or structure or portion thereof
for one or more dwelling units. This also includes a dwelling unit on land
By-Law N° 16-2020
Page 7
that is used for agricultural use;
1.36 "row dwelling" means a building containing three or more attached
dwelling units in a single row, each of which dwelling units has an
independent entrance from the outside and is vertically separated from
any abutting dwelling unit;
1.37 "semi-detached dwelling" means a dwelling unit in a residential building
consisting of two dwelling units having one vertical wall or one horizontal
wall, but not other parts, attached or another dwelling unit where the
residential unit is not connected by an interior corridor;
1.38 "service" means a service designed in Schedule "A" to this By-law, and
"services" shall have a corresponding meaning;
1.39 "servicing agreement" means an agreement between a landowner and the
Municipality relative to the provision of municipal services to specified land
within the Municipality;
1.40 "single-detached dwelling" means a dwelling containing only a dwelling
unit, or a dwelling unit and an accessory apartment, and not attached to
another structure;
1.41 "Zoning By-Law" means the Zoning By-Law of the Municipality or any
successor thereof passed pursuant to Section 34 of the Planning Act.
z. SCHEDULE OF DEVELOPMENT CHARGES
2.1 Subject to the provisions of this by-law, development charges against land
shall be calculated and collected in accordance with the base rates set out
in Schedule "B-1", which relate to the services set out in Schedule "A".
2.2 The development charges with respect to the use of any land, buildings
or structures shall be calculated as follows:
(a) in the case of residential development, including a dwelling unit
accessory to a non-residential use and, in the case of a mixed-use
building or structure, on the residential uses in the mixed-use
building or structure, based upon the number and type of dwelling
By-Law N° 16-2020
Page 8
units;
(b) in the case of non-residential development, including the non-
residential uses in a mixed-use building or structure, based upon
the gross floor area of such development;
2.3 Council hereby determines that the development of land, buildings or
structures for residential or non-residential uses will require the provision,
enlargement, expansion, or improvement of the services referenced in
Schedule "A".
3. APPLICABLE LANDS
3.1. Subject to Section 6, this by-law applies to all lands in the Municipality,
whether or not the land or use is exempt from taxation under Section 3 of
the Assessment Act, 1990, c.A. 37.
3.2 Notwithstanding the provisions of this By-law, development charges shall
not be imposed with respect to land that is owned by and used for
purposes of:
(a) -- the Municipality, or any local board thereof;
(b) the Corporation of the United Counties of Prescott and Russell, or
any local board thereof; and
(c) a board of education as defined in subsection 1(1) of the Education
Act.
4. APPLICATION OF CHARGES
4.1 Development charges shall be imposed on all lands, buildings, or
structures that are developed for residential or non-residential uses if the
development requires:
(a) the passing of a zoning by-law or of an amendment to a zoning by-
law 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
By-Law N° 16-2020
Page 9
Planning Act,
(e) a consent under Section 53 of the Planning Act,
(f) the approval of a description under Section 50 of the Condominium
Act, R.S.O. 1990, Chap. C.26, as amended, or any successor
thereof; or
(g) the issuing of a permit under the Building Code Act in relation to a
building or structure.
4.2 Subsection (2) shall not apply in respect of local services as described in
$.$.59(2) (a) and (b) of the Act;
5. MULTIPLE CHARGES
5.1 Where two or more of the actions described in Section 4(1) are required
before land to which a development charge applies can be developed,
only one development charge shall be calculated and collected in
accordance with the provisions of this by-law.
5.2 Notwithstanding Subsection (1), if two or more of the actions described in
Section 4(1) occur at different times, and if the subsequent action has the
effect of increasing the need for municipal services as designated in
Schedule "A", an additional development charge on the additional
residential units and/or non-residential gross floor area shall be calculated
and collected in accordance with the provisions of this by-law.
6. EXEMPTIONS
6.1. Section 2 of this by-law shall not apply to that category of exempt
development described in s.s. 2(3) of the Act, namely:
(a) the enlargement of an existing dwelling unit;
(b) the creation of one or two additional dwelling units in an existing
single-detached dwelling, or ancillary to it, provided the total gross
floor area of the additional one or two units does not exceed the
gross floor area of the existing dwelling unit; or
(c) the creation of one additional dwelling unit in, or ancillary to, any
other type of existing residential building, provided that:
(i) in the case of a semi-detached dwelling, the gross floor area
of the additional dwelling unit does not exceed the gross
By-Law N° 16-2020
Page 10
floor area of the existing dwelling unit already contained in
the residential dwelling, and
(ii) in the case of all other types of existing residential buildings,
the gross floor area of the additional dwelling unit does not
exceed the gross floor area of the smallest existing dwelling
unit already contained in the residential building.
6.2 Section 2 of this by-law shall not apply to that category of exempt
development described in s.4 of the Act, and s.1 of O.Reg. 82/98, namely:
(a) the enlargement of the gross floor area of an existing industrial
building, if the gross floor area is enlarged by 50 percent orless:
(b) for the purpose of (a), the terms "gross floor area" and "existing
industrial building" shall have the same meaning as those terms
have in O.Reg. 82/98 under the Act; and
(c) notwithstanding subsection (a), if the gross floor area is enlarged by
more than 50 per cent, development charges shall be payable and
collected and the amount payable shall be calculated in accordance
with s.4(3) of the Act.
6.3. Notwithstanding the provisions of this By-law, development charges shall
not be imposed with respect to Industrial development.
7. TIMING OF CALCULATION AND PAYMENT
7.1. Development Charges are due and payable in full to the Municipality on
the date the first building permit is issued for any land, buildings, or
structures affected by the applicable development charge and a building
permit with respect to a building or structure shall be withheld where the
applicable development charge has not been paid pursuant to Section 28
of the Act.
7.2 Notwithstanding Subsection 7(1), Development Charges for rental housing
and institutional developments are due and payable in 6 instalments
commencing with the first instalment payable on the date of occupancy,
and each subsequent instalment, including interest, payable on the
anniversary date each year thereafter.
By-Law N° 16-2020
Page 11
7.3. Notwithstanding Subsection 7(1), Development Charges for non-profit
housing developments are due and payable in 21 instalments
commencing with the first instalment payable on the date of occupancy,
and each subsequent instalment, including interest, payable on the
anniversary date each year thereafter.
7.4 Where the development of land results from the approval of a Site Plan or
Zoning Bylaw amendment received on or after January 1, 2020, the
Development Charges under Subsections 7(1), 7(2) and 7(3) shall be
calculated on the base rates set out in Schedule "B-1" on the date of the
planning application. Where both planning applications apply
Development Charges under Subsections 7(1), 7(2) and 7(3) shall be
calculated on the base rates set out in Schedule "B-1" on the date of the
planning application
7.5 Subject to Section 27 of the Act, Council, at its discretion may, enter into
an agreement for payment of development charges in whole or under a
payment schedule before or after the date of the issuing of the building
permit.
7.6 -- Ifthe Development Charge or any part thereof imposed by the Municipality
remains unpaid after the due date, in the absence of an agreement to
address the amount unpaid per article 2.6.1 (a) or Subsection (2), then the
amount unpaid shall be added to the tax roll as taxes as prescribed by
Section 32 of the Act.
8. SERVICE STANDARDS
8.1 The approved service standards for the Municipality are those contained
in the Development Charges Background Study.
9; SERVICES IN LIEU
9.1 Council may authorize an owner, through an agreement under Section 38
of the Act, to substitute the whole or such part of the development
charges applicable to the owner's development as may be specified in an
agreement by the provision at the sole expense of the owner, of services
in lieu. Such agreement shall further specify that where the owner
provides services in lieu in accordance with the agreement, the Council
By-Law N° 16-2020
Page 12
shall give to the owner a credit against the development charges
otherwise applicable to the development, equal to the reasonable cost to
the owner of providing the services in lieu, provided such credit shall not
exceed the total development charge payable by an owner to the
municipality.
10. DEVELOPMENT CHARGE CREDITS
10.1 Despite any other provisions of this By-law, where, as a result of the
redevelopment of land, a building or structure existing on the same land
within five (5) years prior to the date of payment of development charges
in regard to such redevelopment was, or is to be demolished, in whole or
in part, or converted from one principal use to another principal use onthe
same land, in order to facilitate the redevelopment, the development
charges otherwise payable with respect to such redevelopment shall be
reduced by the following amounts:
(a) in the case of a residential building or structure, or in the case of a
mixed-use building or structure, the residential uses in the mixed-
use building or structure, an amount calculated by multiplying the
applicable development charge under Section 2(2) by the number,
according to the type, of dwelling units that have been or will be
demolished or converted to another principal use; and
(b) in the case of a non-residential building or structure or, in the
case of mixed-use building or structure, the non-residential uses
in the mixed-use building or structure, an amount calculated by
multiplying the greater of the applicable development charges
under Section 2(2) by the gross floor area that has been or will be
demolished or converted to another principal use;
10.2 No redevelopment credit shall be made in excess of the development
charges payable for a redevelopment.
11. BY-LAW REGISTRATION
11.1. Acertified copy of this by-law may be registered on the title to any
land to which this by-law applies.
By-Law N° 16-2020
Page 13
12. RESERVE FUNDS
12.1 Monies received from payment of development charges shall be
maintained in a separate reserve funds, and shall be used only to meet the
growth-related net capital costs for which the development charge was
levied under this by-law.
12.2 Council directs the Treasurer to divide the reserve fund(s) created
hereunder into the separate subaccounts in accordance with the service
categories set out in Schedule "A" to which the development charge
payments shall be credited in accordance with the amounts shown, plus
interest earned thereon.
12.3 Where any development charge, or part thereof, remains unpaid after the
due date, the amount unpaid shall be added to the tax roll and shall be
collected as taxes.
12.4 Where any unpaid development charges are collected as taxes under
Subsection (3), the monies so collected shall be credited to the
development charge reserve fund or funds referred to in Subsection (1).
12.5 The Treasurer is hereby directed to prepare an annual financial statement
for the development charges reserve funds as prescribed under Section
12 of Ontario Regulation 82/98 and to submit the statement for Council's
consideration and within 60 days thereafter, to submit such statement to
the Minister of Municipal Affairs and Housing.
13. BY-LAW AMENDMENT OR REPEAL
13.1 Where this by-law or any development charge prescribed thereunder is
amended or repealed by order of the Local Planning Appeals Tribunal or
by resolution of the Council, the Treasurer shall calculate forthwith the
amount of any overpayment to be refunded as a result of said amendment
or repeal.
13.2 Refunds that are required to be paid under Subsection (1) shall be paid to
the registered owner of the land on the date on which the refund is paid.
13.3 Refunds that are required to be paid under Subsection (1) shall be paid
By-Law N° 16-2020
Page 14
with interest to be calculated as follows:
(a) interest shall be calculated from the date on which the overpayment
was collected to the day on which the refund is paid;
(b) interest shall be paid at the Bank of Canada rate in effect onthe
date of enactment of this by-law.
14. DEVELOPMENT CHARGE SCHEDULE INDEXING
14.1. The development charges referred to in Schedule "B-1" shall be adjusted
annually, without amendment to this by-law, on January 1* of each year,
in accordance with Statistics Canada Table 18-10-0135-01 Building
construction price indexes, by type of building.
15. BY-LAW ADMINISTRATION
15.1 This by-law shall be administered by the Treasurer.
16. SCHEDULES TO THE BY-LAW
16.1. The following schedules to this by-law form an integral part of this by-law:
Schedule "A" -- Designated Municipal Services Under this By-law
Schedule "B-1" -- Schedule of Development Charges
17. SEVERABILITY
17.1 _ If, for any reason, any provision, section, subsection, or paragraph of this
by-law is held to be invalid, it is hereby declared to be the intention of the
Council that all of 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.
18. SHORT TITLE
18.1. This by-law may be cited as the Development Charge By-law.
19. DATE BY-LAW EFFECTIVE
19.1 This by-law shall come into force and effect on September 15, 2020.
By-Law N° 16-2020
Page 15
20. DATE BY-LAW EXPIRES
20.1 This by-law will expire at 12:01 AM on September 1%, 2025 unless it is
repealed by Council at an earlier date.
READ A FIRST, SECOND AND ADOPTED UPON THIRD READING
THIS 8" DAY OF JUNE 2020.
a fd f
4 _-Paula Assaly,; Ma TC Christine Groulx, Clerk
SCHEDULE "A" TO BY-LAW N° 16-2020
THE CORPORATION OF THE TOWN OF HAWKESBURY
Designated Municipal Services Under this By-law
Municipal-wide Services
1. Roads & Related
2. Fire Protection
3. Administration -- Studies
4. Wastewater
5. Water
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