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THE CORPORATION
OF THE MUNICIPALITY
OF KINCARDINE
BY-LAW
NO. 2025 - 084
Being a By-law to Establish Area Specific Development Charges for the Gary
Street 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 June 11, 2025; and
Whereas the Council of the Municipality of Kincardine had before it a report entitled Area-
Specific Development Charges Background Study - Gary Street Lands dated May 9,
2025 ( the " Area-Specific
Development
Charges
Background
Study") prepared
by
Hemson Consulting Ltd., wherein it is indicated that the development of the Gary Street
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 July 9, 2025 approved the
applicable Area-Specific Development Charges Background Study, dated May 9, 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 July 9, 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 May 9, 2025, as amended 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 July 9, 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 July 9, 2025, Council determined that the future excess capacity identified
in the Area-Specific Development Charges Background Study dated May 9, 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
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
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Gary Lands Area-Specific Development Charge By-law 2025 By-law
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Whereas the Area-Specific Development Charges Background Study dated May 9, 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 be it
Resolved that the Council of The Corporation 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, air supported 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,
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;
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Gary Lands Area-Specific Development Charge By-law 2025 By-law
By-law No. 2025 - 084
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) "
Grade" means the average level of finished ground adjoining a building or
structure at all exterior walls;
15) "
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
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.
16) "
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.
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17) "
Institutional" means institutional development as defined by the Act and
associated Regulation, as amended;
18) "
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;
19) "
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;
20) "
Municipality" means The Corporation of the Municipality of Kincardine;
21) "
Multiple
dwelling" means
all
dwellings
other
than
single
detached
dwellings, semi-detached dwellings, and apartment dwellings;
22) "
Non-profit housing" means non-profit housing development as defined by
the Act, as amended;
23) "
Non-residential uses" means a building or structure used for other than a
residential use;
24) "
Official plan" means the Official Plan of the Municipality of Kincardine and
any amendments thereto;
25) "
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;
26) "
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
Assessment
Act, R.S.O. 1990, c. A. 31, as amended, or successor
legislation;
27) "
Planning
Act" means
the Planning Act, 1990, R.S.O. 1990, c.1, as
amended;
28) "
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;
29) " 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;
30) "
Regulation" means any regulation made pursuant to the Act;
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31) "
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;
32) "
Semi-detached
dwelling" means a building divided vertically
into two
dwelling units each of which has a separate entrance and access to grade;
33) "
Service" means services set out in Schedule " A" to this By-law, and
services" shall have a corresponding meaning;
34) "
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 Gary Street 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 Sewer
b)
Sanitary Sewer
c)
Watermains
d)
Services Related to a Highway: Roads and Related
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".
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:
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Gary Lands Area-Specific Development Charge By-law 2025 By-law
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a)
a board of education;
b)
any municipality or local board thereof;
c)
non-residential
development, or non-residential
gross floor area
within a mixed- use development, that is smaller than 232 square
metres in gross floor area;
d)
residential
developments
provided
that
the
development
has
received
Federal, Provincial
or County
government
funding
or
subsidies for the provision of affordable housing development or is
constructed by Habitat for Humanity or any other non-profit housing
provider and that the dwelling units are being made available at
values that are initially and will continue to be below current market
levels in the Municipality
e)
non-residential institutional developments;
f)
Child Care Centres as defined under the Child Care and Early
Years Act, 2014, as amended;
g)
current developments that have a Subdivision Agreement in place
and are required to pay the current capital and reserve charge for
water and wastewater.
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:
a)
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;
b)
the approval of a minor variance under Section 45 of the Planning
Act, R.S.O. 1990, c.P.13;
c)
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;
d)
the approval of a plan of subdivision under Section 51 of the Planning
Act, R.S.O. 1990, c.P. 13;
e)
a consent under Section 53 of the Planning Act, R.S.O. 1990, c.P.
13;
f)
the approval of a description under Section 50 of the Condominium
Act, R.S.O. 1980, c.84; or
g)
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
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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
addition to, or of a greater size or capacity, than would be required under
this by-law.
3)
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.
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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.
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.
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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", Catalogue Number 62-007.
Severability
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 Gary Street Lands
Schedule " B" -
Schedule of Development Charges
Schedule " C" -
Map of Area to which this By-law applies
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Date By-law Effective
23.
This By-law shall come into force and effect on July 9, 2025.
Date By-law Expires
24.
This By-law expires ten (10) years after the day on which it comes into force.
Short Title
25.
This By-law may be cited as the " Gary Street Lands Area-Specific Development
Charge By-law, 2025"
Passed by Council this 9th day of July, 2025.
Mayor
Deputy Clerk
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By-law No. 2025 - 084
Schedule " A"
To By-law No. 2025 - 084
Designated Municipal Services
Gary Street Lands
1)
Storm Sewer
2)
Sanitary Sewer
3)
Watermains
4)
Services Related to a Highway: Roads and Related
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By-law No. 2025 - 084
Schedule " B"
To By-law No. 2025 - 084
Schedule of Development Charges
Development Charge per Net Hectare $
76,545
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Schedule " C"
To By-law No. 2025 - 084
Map of Area to Which this By-law Applies