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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2025 - 034
A By-law to establish development charges
for the 9/21 Business Park Lands
of the Corporation of the Municipality of Kincardine
WHEREAS subsection 2(1) of the Development Charges Act, 1997 c. 27 (hereinafter called
"the Act") provides that the council of a municipality may pass By-laws for the imposition of
development charges against land for increased capital costs required because of the need
for services arising from development in the area to which the by-law applies;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
("Municipality of Kincardine") has given Notice in accordance with Section 12 of the
Development Charges Act, 1997, of its intention to pass a by-law under Section 2 of the
said Act;
AND WHEREAS the Council of the Municipality of Kincardine has heard all persons who
applied to be heard no matter whether in objection to, or in support of, the development
charge proposal at a public meeting held on February 26, 2025;
AND WHEREAS the Council of the Municipality of Kincardine had before it a report entitled
Area-Specific Development Charges Background Study - Highway 9 and Highway 21
Business Park Lands dated January 24, 2025 (the "Area-Specific Development Charges
Background Study") prepared by Hemson Consulting Ltd., wherein it is indicated that the
development of the 9/21 Business Park lands within the Municipality of Kincardine will
increase the need for services as defined herein;
AND WHEREAS the Council of the Municipality of Kincardine on March 26, 2025
approved the applicable Area-Specific Development Charges Background Study, dated
March 26, 2025, in which certain recommendations were made relating to the establishment
of a development charge policy for the Municipality of Kincardine pursuant to the
Development Charges Act, 1997;
AND WHEREAS by resolution adopted by Council of The Corporation of the Municipality
of Kincardine on March 26, 2025, Council determined that the increase in the need for
services attributable to the anticipated development as contemplated in the Area-Specific
Development Charges Background Study dated January 24, 2025, including any capital
costs, will be met by updating the capital budget and forecast for the Municipality, where
appropriate.
AND WHEREAS by Resolution adopted by Council on March 26, 2025, Council approved
the Study and determined that no further public meetings were required under Section 12
of the Act;
AND WHEREAS by resolution adopted by Council of The Corporation of the Municipality
of Kincardine on March 26, 2025, Council determined that the future excess capacity
identified in the Area-Specific Development Charges Background Study dated January 24,
2025, shall be paid for by the development charges contemplated in the said Study, or other
similar charges;
AND WHEREAS the Council of the Municipality of Kincardine has given consideration of
the use of more than one development charge by-law to reflect different needs for services
in different areas, also known as area rating or area-specific DCs, and has determined that
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for the services, and associated infrastructure proposed to be funded by DCs under this by-
law, that it is fair and reasonable that the charges be calculated on an area-specific basis;
AND WHEREAS the Area-Specific Development Charges Background Study dated
January 24, 2025 includes asset management considerations for new infrastructure that
deals with all assets whose capital costs are intended to be funded under the development
charge by-law and that such assets are considered to be financially sustainable over their
full life-cycle.
AND WHEREAS the Council of the Municipality of Kincardine will give consideration to
incorporate the asset management considerations outlined in the Area-Specific
Development Charges Background Study within the Municipality's ongoing practices and
corporate asset management strategy.
NOW THEREFORE THE COUNCIL OF THE MUNICIPALITY OF KINCARDINE
ENACTS AS FOLLOWS:
DEFINITIONS
1.
In this by-law,
(1)
"Act" means the Development Charges Act, 1997, c. 27;
(2)
"Agricultural use" means a bona fide farming operation;
(3)
"Apartment dwelling" means any dwelling unit within a building containing
more than four dwelling units where the units are connected by an interior
corridor;
(4)
"Board of education" means a board defined in s.s. 1(1) of the Education Act;
(5)
"Bona Fide Farm Use" means the proposed development will qualify as a
farm business operating with a valid Farm Business Registration Number
issued by the Ontario Ministry of Agriculture, Food and Rural Affairs and be
assessed in the Farmland Realty Tax Class by the Municipal Property
Assessment Corporation;
(6)
"Building" means a structure consisting of a wall, roof, and floor or any of
them or a structural system servicing the function thereof, and includes, but
is not limited to, an above grade storage tank, airsupported structures and
industrial tents
(7)
"Building Code Act" means the Building Code Act, R.S.O. 1992, as amended;
(8)
"Capital cost" means costs incurred or proposed to be incurred by the
municipality or a local board thereof directly or by others on behalf of, and as
authorized by, the municipality or local board,
(a)
to acquire land or an interest in land, including a leasehold interest;
(b)
to improve land;
(c)
to acquire, lease, construct or improve buildings and structures;
(d)
to acquire, lease, construct or improve facilities including,
(i)
rolling stock with an estimated useful life of seven years or
more,
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(ii)
furniture and equipment, other than computer equipment, and
(iii)
materials acquired for circulation, reference or information
purposes by a library board as defined in the Public Libraries
Act, 1984, S.O. 1984, c. 57, and
(e)
to undertake studies in connection with any of the matters referred to
in clauses (a) to (d);
(f)
to complete the development charge background study under Section
10 of the Act;
(g)
as interest on money borrowed to pay for costs in (a) to (d);
required for provision of services designated in this by-law within or outside
the municipality.
(9)
"Council" means the Council of The Corporation of the Municipality of
Kincardine;
(10)
"Development" means any activity or proposed activity in respect of land that
requires one or more of the actions referred to in section 7 of this by-law and
including the redevelopment of land or the redevelopment, expansion,
extension or alteration of a use, building or structure except interior
alterations to an existing building or structure which do not change or intensify
the use of land;
(11)
"Development charge" means a charge imposed pursuant to this By-law;
(12)
"Dwelling unit" means a room or suite of rooms used, or designed or intended
for use by, one person or persons living together, in which culinary and
sanitary facilities are provided for the exclusive use of such person or
persons;
(13)
"Farm building" means a building or structure actually used as part of or in
connection with a bona fide farming operation and includes barns, silos and
other buildings or structures ancillary to a bona fide farming operation, but
excluding a residential use;
(14)
"Garden Suite" means a detached single storey residential dwelling unit
accessory to a principal residence that offers alternative accommodation to
a senior or disabled family member, and is removable;
(15)
"Grade" means the average level of finished ground adjoining a building or
structure at all exterior walls;
(16)
"Gross floor area" means the sum total of the total areas of all floors in a
building or structure whether at above or below grade measured between the
exterior faces of the exterior walls of the building or structure or from the
centre line of a common wall separating two uses or from the outside edge
of a floor where the outside edge of the floor does not meet an exterior or
common wall, and:
(a) includes the floor area of a mezzanine atrium or air supported structure
and the space occupied by interior wall partitions; and
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(b) where a building or structure does not have any walls the gross floor area
of the building or structure shall be the total of the area of all floors including
the ground floor that are directly beneath the roof of the building or structure.
(17)
"Industrial Building" means a building used for or in connection with,
(a) manufacturing, producing, processing, storing or distributing something,
(b) research or development in connection with manufacturing, producing or
processing something,
(c) retail sales by a manufacturer, producer or processor of something they
manufactured, produced or processed, if the retail sales are at the site
where the manufacturing, production, or processing takes place,
(d) office or administrative purposes, if they are,
(i)
carried out with respect to manufacturing, producing, processing,
storage or distributing of something, and
(ii)
in or attached to the building or structure used for that
manufacturing, producing, processing, storage or distribution.
(18)
"Institutional" means institutional development as defined by the Act and
associated Regulation, as amended;
(19)
"Local board" means a public utility commission, public library board, local
board of health, or any other board, commission, committee or body or local
authority established or exercising any power or authority under any general
or special Act with respect to any of the affairs or purposes of the municipality
or any part or parts thereof;
(20)
"Local services" means those services or facilities which are under the
jurisdiction of the municipality and are related to a plan of subdivision or within
the area to which the plan relates, required as a condition of approval under
s.51 of the Planning Act, or as a condition of approval under s.53 of the
Planning Act;
(21)
"Major office" means a building primarily used for offices that comprises a
total gross floor area exceeding 25,000 square feet;
(22)
"Municipality" means The Corporation of the Municipality of Kincardine;
(23)
"Multiple dwelling" means all dwellings other than single detached dwellings,
semi-detached dwellings, and apartment dwellings;
(24)
"Non-profit housing" means non-profit housing development as defined by
the Act, as amended;
(25)
"Non-residential uses" means a building or structure used for other than a
residential use;
(26)
"Official plan" means the Official Plan of the Municipality of Kincardine and
any amendments thereto;
(27)
"Owner" means the owner of land or a person who has made application for
an approval for the development of land upon which a development charge
is imposed;
(28)
"Place of worship" means a building or structure, or part thereof, that is
exempt from taxation as a place of worship pursuant to paragraph 3 of the
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Assessment Act, R.S.O. 1990, c. A. 31, as amended, or successor
legislation;
(29)
"Planning Act" means the Planning Act, 1990, R.S.O. 1990, c.1, as amended;
(30)
"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;
(31) "Redevelopment" means the construction, erection or placing of one or more
buildings or structures on land where all or part of a building or structure has
previously been demolished on such land, or changing the use of a building
or structure from a residential use to a non-residential use or from a non-
residential use to a residential use, or changing a building or structure from
one form of residential use to another form of residential use or from one form
of non-residential use to another form of non-residential use;
(32)
"Regulation" means any regulation made pursuant to the Act;
(33)
"Residential uses" means lands, buildings or structures or portions thereof
used, or designed or intended for use as a home or residence of one or more
individuals, and shall include a single detached dwelling, a semi-detached
dwelling, a multiple dwelling, an apartment dwelling, and the residential
portion of a mixed-use building or structure;
(34)
"Semi-detached dwelling" means a building divided vertically into two
dwelling units each of which has a separate entrance and access to grade;
(35)
"Service" means services set out in Schedule "A" to this By-law, and
"services" shall have a corresponding meaning;
(36)
"Single detached dwelling" means a completely detached building containing
only one dwelling unit.
DESIGNATION OF SERVICE
2.
It is hereby declared by the Council of the Municipality that all development and
redevelopment of land within the 9/21 Business Park lands will increase the need
for services.
3.
(1) The categories of service for which development charges are imposed under this
By-law are as follows:
a) Storm Infrastructure
b) Wastewater Infrastructure
c)
Water Infrastructure
d) Services Related to a Highway: Roads & Related Infrastructure
CALCULATION OF DEVELOPMENT CHARGES
4.
(1)
Subject to the provisions of this By-law, development charges against lands
identified in "Schedule C" shall be imposed, calculated and collected in
accordance with the base rates set out in Schedules "B" which relate to the
services set out in Schedule "A".
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(2)
The development charge with respect to the use of any land, buildings or
structures shall be calculated as follows:
(a)
in the case of a residential use and a non-residential use
development, based upon the number of net hectares of land related
to the development, as set out in "Schedule B";
(b)
in the case of redevelopment on lands previously subject to a
development charge, the development charge shall be charge based
upon the number of net hectares of land related to the development,
as set out in Schedule "B".
(3)
Council hereby determines that the development or redevelopment of land,
buildings or structures for residential and non-residential uses will require the
provision, enlargement or expansion of the services referenced in Schedule
"A".
APPLICABLE LANDS
5.
(1)
This by-law applies to the lands in the municipality as shown on "Schedule
C", whether or not the land or use is exempt from taxation under Section 3 of
the Assessment Act, R.S.O. 1990, c.A.31.
(2)
This by-law shall not apply to land that is owned by and used for the purposes
of:
(a)
a board of education;
(b)
any municipality or local board thereof.
RULES WITH RESPECT TO EXEMPTIONS FOR INTENSIFICATION OF EXISTING
HOUSING AND NEW RESIDENTIAL BUILDINGS
6.
(1)
Notwithstanding the provisions of this By-law, exemptions for intensification
of existing and new housing shall be provided in accordance with the Act.
DEVELOPMENT CHARGES IMPOSED
7.
(1)
Subject to subsection (2), development charges shall be calculated and
collected in accordance with the provisions of this by-law and be imposed on
land to be developed for residential and non-residential use, where, the
development requires:
(i)
the passing of a zoning by-law or an amendment thereto under
Section 34 of the Planning Act, R.S.O. 1990, c.P. 13;
(ii)
the approval of a minor variance under Section 45 of the Planning Act,
R.S.O. 1990, c.P.13;
(iii)
a conveyance of land to which a by-law passed under subsection
49(7) of the Planning Act, R. S.O. 1990, c.P.13 applies;
(iv)
the approval of a plan of subdivision under Section 51 of the Planning
Act, R.S.O. 1990, c.P. 13;
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(v)
a consent under Section 53 of the Planning Act, R.S.O. 1990, c.P. 13;
(vi)
the approval of a description under Section 9 of the Condominium Act,
R.S.O. 1980, c.84; or
(vii)
the issuing of a permit under the Building Code Act, in relation to a
building or structure.
(2)
Subsection (1) shall not apply in respect to:
(a)
local services installed or paid for by the owner within a plan of
subdivision or within the area to which the plan relates, as a condition
of approval under Section 51 of the Planning Act, R.S.O. 1990, c.P.
13;
(b)
local services installed or paid for by the owner as a condition of
approval under Section 53 of the Planning Act, R.S.O. 1990, c.P. 13.
LOCAL SERVICE INSTALLATION
8.
Nothing in this by-law prevents Council from requiring, as a condition of an
agreement under Section 51 or 53 of the Planning Act that the owner, at his or her
own expense, shall install or pay for such local services, within the Plan of
Subdivision or within the area to which the plan relates, as Council may require.
MULTIPLE CHARGES
9.
(1)
Where two or more of the actions described in subsection 7(1) are required
before land to which a development charge applies can be developed, only
one development charge shall be calculated and collected in accordance with
the provisions of this by-law.
(2)
Notwithstanding subsection (1), if two or more of the actions described in
subsection 7(1) occur at different times, and if the subsequent action has the
effect of increasing the need for municipal services as set out in Schedule
"A", an additional development charge on the additional net hectares of land
related to the development, shall be calculated and collected in accordance
with the provisions of this by-law.
SERVICES IN LIEU
10.
(1)
Council may authorize an owner, through an agreement under Section 38 of
the Act, to substitute such part of the development charge applicable to the
owner's development as may be specified in the agreement, by the provision
at the sole expense of the owner, of services in lieu. Such agreement shall
further specify that where the owner provides services in lieu in accordance
with the agreement, Council shall give to the owner a credit against the
development charge in accordance with the agreement provisions and the
provisions of Section 39 of the Act, equal to the reasonable cost to the owner
of providing the services in lieu. In no case shall the agreement provide for
a credit which exceeds the total development charge payable by an owner to
the municipality in respect of the development to which the agreement
relates.
(2)
In any agreement under subsection 10(1), Council may also give a further
credit to the owner equal to the reasonable cost of providing services in
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addition to, or of a greater size or capacity, than would be required under this
by-law.
(2)
The credit provided for in subsection 10(2) shall not be charged to any
development charge reserve fund.
RULES WITH RESPECT TO RE-DEVELOPMENT
11.
In the case of the demolition of all or part of a residential or non-residential building
or structure:
(1)
a credit shall be allowed, provided that the land was improved by occupied
structures within the five years prior to the issuance of the building permit,
and the building permit has been issued for the development or
redevelopment within five years from the date the demolition permit has been
issued; and
(2)
if a development or redevelopment involves the demolition of and
replacement of a building or structure, or the conversion from one principal
use to another, a credit shall be allowed equivalent to:
(a)
the existing net hectares of land related to the development multiplied
by the applicable development charge per net hectare in place at the
time the development charge is payable.
12.
A credit can, in no case, exceed the amount of the development charge that would
otherwise be payable, and no credit is available if the existing land use is exempt
under this by-law.
TIMING OF CALCULATION AND PAYMENT
13.
(1)
Development charges shall be calculated and payable in accordance with
section 26, section 26.1 and section 26.2 of the Act.
(2)
Where development charges apply to land in relation to which a building
permit is required, the building permit shall not be issued until the
development charge has been paid in full.
(3)
Notwithstanding subsection (1), the development charge shall be payable
with respect to an approval of a plan of subdivision under Section 51 or the
Planning Act immediately upon entering into an agreement and with respect
to a consent under Section 53 of the Planning Act, immediately upon entering
into a consent agreement and prior to final approval of the consent.
INTEREST
14. (1) The municipality may charge interest on the installments required by Section
26.1(3) of the Act from the date the development charge would have been
payable in accordance with Section 26 of the Act to the date the installment
is paid.
(2)
Where Section 26.2(1)(a) or (b) of the Act applies, the municipality may
charge interest on the development charge from the date of the application
referred to in the applicable clause to the date the development charge is
payable under Section 26.2(3) and Section 26.3 of the Act.
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(3)
The Municipality may determine, by Council resolution, interest rates in
relation to section 14(1) and (2) of this by-law in accordance with the
requirements of the Act.
RESERVE FUNDS
15.
(1)
Monies received from payment of development charges under this by-law
shall be maintained in a separate reserve fund and shall be spent for capital
costs determined under paragraphs 2 to 7 of subsection 5(1) of the Act.
(2)
Monies received for the payment of development charges shall be used only
in accordance with the provisions of Section 35 of the Act.
(3)
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.
(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 funds referred to in subsection (1).
(5)
The Treasurer of the municipality shall, in each year, furnish to council a
statement in respect of the reserve funds established hereunder for the prior
year, containing the information set out in Section 43 of the Act and Section
12 of O.Reg. 82/98.
BY-LAW AMENDMENT OR APPEAL
16.
(1)
Where this by-law or any development charge prescribed thereunder is
amended or repealed either by order of the Ontario Land Tribunal or by
resolution of the Municipal Council, the Municipal Treasurer shall calculate
forthwith the amount of any overpayment to be refunded as a result of said
amendment or repeal.
(2)
Refunds that are required to be paid under subsection 16(1) shall be paid
with interest to be calculated as follows:
(a)
Interest shall be calculated from the date on which the overpayment
was collected to the date on which the refund is paid;
(b)
The Bank of Canada interest rate in effect on the date of enactment
of this by-law shall be used.
(3)
Refunds that are required to be paid under subsection 16(1) shall include the
interest owed under this section.
BY-LAW INDEXING
17.
The development charges set out in Schedules "B" to this by-law shall be adjusted
annually, as of January 1, 2026, without amendment to this by-law, in accordance
with the most recent twelve-month change in the Statistics Canada Quarterly,
"Construction Price Statistics", for Ottawa-Gatineau or for Toronto.
SEVERABILITY
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18.
In the event any provision, or part thereof, of this by-law is found by a court of
competent jurisdiction to be ultra vires, such provision, or part thereof, shall be
deemed to be severed, and the remaining portion of such provision and all other
provisions of this by-law shall remain in full force and effect.
HEADINGS FOR REFERENCE ONLY
19.
The headings inserted in this by-law are for convenience of reference only and shall
not affect the construction or interpretation of this by-law.
BY-LAW REGISTRATION
20.
A certified copy of this by-law may be registered on title to any land to which this by-
law applies.
BY-LAW ADMINISTRATION
21.
This by-law shall be administered by the Municipal Treasurer.
SCHEDULES TO THE BY-LAW
22.
The following Schedules to this by-law form an integral part of this by-law:
Schedule "A" -
Designated Municipal Services in the 9/21 Business Park
Schedule "B" -
Schedule of Development Charges
Schedule "C" -
Map of Area to which this By-law applies
DATE BY-LAW EFFECTIVE
23.
This By-law shall come into force and effect on March 26, 2025.
DATE BY-LAW EXPIRES
24.
This By-law expires ten years after the day on which it comes into force.
SHORT TITLE
25.
This by-law may be cited as the "Municipality of Kincardine 9/21 Business Park Area-
Specific Development Charge By-law, 2025"
Read a First, Second and Third Time and Finally passed this 26th day of March,
2025.
Mayor
Clerk
Kenneth Craig
Signed with ConsignO Cloud (2025/03/28)
Verify with verifio.com or Adobe Reader.
Jennifer Lawrie
Signed with ConsignO Cloud (2025/03/28)
Verify with verifio.com or Adobe Reader.
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SCHEDULE "A"
TO BY-LAW NO. 2025 - 034
DESIGNATED MUNICIPAL SERVICES
9/21 BUSINESS PARK
1. Storm Water
2. Wastewater Infrastructure
3. Water Infrastructure
4. Services Related to a Highway: Roads & Related Infrastructure
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SCHEDULE "B"
TO BY-LAW NO. 2025 - 034
SCHEDULE OF DEVELOPMENT CHARGES
Development Charge per Net Hectare
$236,151
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SCHEDULE "C"
TO BY-LAW NO. 2025 - 034
MAP OF AREA TO WHICH THIS BY-LAW APPLIES
The development charges in Schedule "B" only apply to the "Phase 1 Lands"
(parcels 1-16) shown in Schedule "C".