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THE CORPORATION OF THE TOWN OF KINGSVILLE
BY-LAW 4-2023
Being a By-law to establish development charges
for the Town of Kingsville
WHEREAS the Corporation of the Town of Kingsville will experience growth
through development and re-development;
AND WHEREAS development and re-development requires the provision of
capital works by the Town of Kingsville;
AND WHEREAS Council desires to ensure that the capital cost of meeting
growth-related demands for or burden on municipal services does not place
an excessive financial burden on the Town of Kingsville or its existing
taxpayers while at the same time ensuring new taxpayers contribute no more
than the net capital cost attributable to providing the current level of municipal
services;
AND WHEREAS the Development Charges Act, 1997 (the "Act") provides
that the Council of a municipality may by by-law impose development charges
against land to pay for increased capital costs required because of increased
needs for services;
AND WHEREAS a development charge background study has been
completed in accordance with the Act;
AND WHEREAS Council has before it a report entitled "Town of Kingsville
Development Charge Background Study" prepared by Watson and
Associates Economists Ltd. dated November 23, 2022, as amended
December 22, 2022;
AND WHEREAS the Council of The Corporation of the Town of Kingsville has
given notice of and held a public meeting on the 9th day of January 2023 in
accordance with the Act and the regulations thereto;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWN OF KINGSVILLE ENACTS AS FOLLOWS:
1.
INTERPRETATION
1.1
In this By-law the following items shall have the corresponding
meanings:
"Act" means the Development Charges Act, as amended, or any
successor thereof;
"accessory" means a building that is normally incidental,
subordinate and exclusively devoted to a main building that is
located on the same lot therewith and includes a private garage
that is not attached to the main building in any way and does not
include a fence or a sign;
"Affordable Residential Unit" means a residential unit that meets
the criteria set out in subsection 4.1(2) or 4.1(3) of the Act;
"ancillary" will have the same definition as "accessory";
"apartment unit" means any residential unit within a building
containing more than four dwelling units where the units are
connected by an interior corridor;
"Attainable Residential Unit" means a residential unit that meets
the criteria set out in subsection 4.1(4) of the Act;
"bedroom" means a habitable room which can be used as
sleeping quarters, but does not include a bathroom, living room,
dining room or kitchen;
"board of education" has the same meaning as set out in the
Education Act, R.S.O. 1990, Chap. E.2, as amended, or any
successor thereof;
"boarding, lodging and rooming house (BLRHS)" means
dwelling units where bedrooms are rented or provided to
individuals, rather than the entire unit. Residents of BLRHs
share bathroom and/or kitchen facilities, and occupants may be
unrelated. BLRHs are rented or provided to tenants for twenty-
eight (28) days or more.
"bona fide farm uses" means the cultivation of land, the
production of crops and the selling of such product on the
premises, and the breeding and care of livestock and the selling
of such livestock or the product of such livestock raised on the
premises, and without limiting the generality of the foregoing
includes aviaries, apiaries, fish farming, animal husbandry, and
the raising and harvesting of field, bush, or tree crops, market
gardening, and nurseries. However, "bona fide farm" does not
include facilities for the permanent or temporary housing of
persons employed on the lot, a residential use, greenhouses, or
ancillary to greenhouse operations;
"bona fide farm building" means that part of a bona fide farm
operation encompassing barns, silos, and other ancillary
development to an agricultural use, but excluding a residential
use, greenhouses, and buildings ancillary to greenhouse
operations;
"Building Code Act" means the Building Code Act, S.O. 1992, as
amended, or any successor thereof;
"capital cost" means costs incurred or proposed to be incurred
by the Town or a local board thereof directly or by others on
behalf of and as authorized by the Town or local board,
(a)
to acquire land or an interest in land, including a
leasehold interest,
(b)
to improve land,
(c)
to acquire, lease, construct or improve buildings and
structures,
(d)
to acquire, construct or improve facilities, including:
(i)
furniture and equipment other than computer
equipment; and
(ii)
material acquired for circulation, reference or
information purposes by a library board as defined
in the Public Libraries Act, R.S.O. 1990, Chap.
P.44, as amended, or any successor thereof; and
(iii)
rolling stock with an estimated useful life of seven
years or more; and
(e)
interest on borrowing for those expenditures under
clauses (a) to (d) above that are growth-related;
"charitable dwelling" means a residential building, a part of a
residential building or the residential portion of a mixed-use
building maintained and operated by a corporation approved
under the Charitable Institutions Act, R.S.O. 1990, c. C.9, for
persons requiring residential, specialized or group care and
charitable dwelling includes a children's residence under the
Child, Youth and Family Services Act, 2017, S.O. 2017, C. 14,
Sched. 1, a psychiatric facility under the Mental Health Act,
R.S.O. 1990, c. M.7, long-term care home under the Long-Term
Care Homes Act, 2007, S.O. 2007, c. 8, c. N.7, and a home for
special care under the Homes for Special Care Act, R.S.O.
1990, c, H.12;
"class" 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;
"commercial" means any use of land, structures or buildings for
the purposes of buying or selling commodities and services, but
does not include industrial, bona fide farm uses, or boarding,
lodging, and rooming houses (BLRHS) but does include hotels,
motels, and motor inns;
"Council" means the Council of the Corporation of the Town of
Kingsville;
"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 of usability thereof, and includes
redevelopment;
"development charge" means a charge imposed with respect to
this By-law;
"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;
"engineering services" means water supply services, sanitary
sewer services, storm drainage and treatment services,
transportation services and electrical power or energy services;
"existing" means the number, use and size that existed as of the
date this by-law was passed;
"greenhouse" means a structure that is used for growing plants
in regulated temperatures, humidity, and ventilation. A
greenhouse can range from a small room carrying a few plants
over the winter to an immense heated building called a
hothouse or conservatory, covering acres of ground and used
for growing fruits, vegetables, or flowers;
"gross floor area" means:
(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 with respect
to 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)
a part of the building or structure below grade that
is used for the parking of motor vehicles or for
storage or other accessory use;
"Group home" means a residential building or the residential
portion of a mixed-use building containing a single
housekeeping unit which may or may not be supervised on a
24-hour basis on site by agency staff on a shift rotation basis,
and funded wholly or in part by any government or its agency, or
by public subscription or donation, or by any combination
thereof and licensed, approved or supervised by the Province of
Ontario for the accommodation of persons under any general or
special act and amendments or replacements thereto. A group
home may contain an office provided that the office is used only
for the operation of the group home in which it is located;
"growing area" means the growing area of a greenhouse and
does not include the portion of the building or structure which
are ancillary to greenhouse operations;
"hospice" means a building or portion of a mixed-use building
designed and intended to provide palliative care and emotional
support to the terminally ill in a home or homelike setting so that
quality of life is maintained, and family members may be active
participants in care;
"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;
"Institutional" means development of a building or structure
intended for use
(a)
as a long-term care home within the meaning of
subsection 2 (1) of the Fixing Long-Term Care Act, 2021;
(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 Indigenous 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;
"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 Town of Kingsville or any part or parts thereof;
"local services" means those services, facilities or things 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
with respect to the lands under sections 41, 51 or 53 of the
Planning Act, R.S.O. 1990, Chap. P.13, as amended, or any
successor thereof;
"Long term care home" means homes, nursing homes or homes
for the aged where the Ministry of Health and Long-Term Care
funds the care provided in such homes and application for
accommodation is made through a Community Care Access
Centre;
"mixed use building" means a building that is used and/or
designated to be used for both residential and non-residential
purposes;
"municipality" means The Corporation of the Town Kingsville;
"net capital cost" shall mean the capital cost, less capital grants,
subsidies and other contributions made to the municipality or
that the Council anticipates will be made, including conveyances
or payments under Sections 42, 51 and 53 of the Planning Act,
in respect of the capital cost;
"non-profit housing" means development of a building or
structure intended for use as residential premises by,
(a)
a corporation to which the Not-for-Profit Corporations Act,
2010 applies, that is in good standing under that Act and
whose primary object is to provide housing;
(b)
a corporation without share capital to which the Canada
Not-for-profit Corporations Act applies, that is in good
standing under that Act and whose primary object is to
provide housing; or
(c)
a non-profit housing co-operative that is in good standing
under the Co-operative Corporations Act. O. Reg.
454/19, s. 3.;
"Non-profit organization" means:
(i)
a "registered charity" as defined in subsection
248(1) of the Income Tax Act, R.S.C. 1985, c. 1
(5th Supp.), as amended;
(ii)
a corporation that is a non-profit organization for
the purposes of paragraph 57(1)(b) of the
Corporations Tax Act, R.S.O. 1990, c. C.40;
"non-residential use" means a building or structure of any kind
whatsoever used, designed or intended to be used for other
than a residential use;
"other multiple dwellings" means all dwellings other than single
detached, semi-detached and apartment unit dwellings;
"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;
"place of worship" means that part of a building or structure that
is exempt from taxation as a place of worship under the
Assessment Act, R.S.O. 1990, Chap. A.31, as amended, or any
successor thereof;
"rate" means the interest rate established weekly by the Bank of
Canada based on Treasury Bills having a term of 91 days;
"regulation" means any regulation made pursuant to the Act;
"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;
"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;
"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 that is used for a Bona Fide
Farm Use;
"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;
"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 units are not connected by an
interior corridor;
"service" (or "services") means a service designated in
Schedule "A" to this By-law;
"servicing agreement" means an agreement between a
landowner and the Town relative to the provision of municipal
services to specified land within the Town;
"single detached dwelling unit" means a residential building
consisting of one dwelling unit and not attached to another
structure;
"special care/special need dwellings" mean a residential building
or portion thereof;
(a)
containing more than two (2) dwelling units, which units
have a common entrance from street level;
(b)
where the occupants have the right to use in common,
halls, stairs, yards, common rooms and accessory
buildings but which do not have their own private sanitary
and full culinary facilities;
(c)
that is designed to accommodate individuals with specific
needs, including independent permanent living
arrangements; and
(d)
where support services such as meal preparation,
grocery shopping, laundry, housekeeping, nursing,
respite care and attendant services are provided at
various levels; and
(e)
includes but is not limited to, retirement homes or lodges,
long-term care homes, charitable homes, group homes
(including correctional group homes) and hospices;
"Town" means the area within the geographic limits of the Town
of Kingsville;
"wind turbine" means a part of a system that converts energy
into electricity, and consists of a wind turbine, a tower and
associated control or conversion electronics. A wind turbine and
energy system may be connected to the electricity grid in
circuits at a substation to provide electricity off-site for sale to an
electrical utility or other intermediary; and
"Zoning By-Law" means the Zoning By-Law of the Town of
Kingsville, or any successor thereof passed pursuant to Section
34 of the Planning Act, S.O. 1998.
2.
DESIGNATION OF SERVICES AND CLASSES
2.1
The categories of services and classes for which development
charges are imposed under this By-law are as follows:
(a)
Services Related to a Highway;
(b)
Policing Services
(c)
Parks and Recreation Services;
(d)
Library Services;
(e)
Wastewater Services; and
(f)
Water Services.
2.2
The components of the services and classes designated in
section 2.1 are described in Schedule A.
3.
APPLICATION OF BY-LAW RULES
3.1
Development charges shall be payable in the amounts set out in
this By-law where:
(a)
the lands are located in the areas described in section
3.2, 3.3, and 3.4; and
(b)
the development of the lands requires any of the
approvals set out in subsection 3.6 (a).
Area to Which By-law Applies
3.2
Subject to section 3.3, 3.4, and 3.5, this By-law applies to all
lands in the Town of Kingsville whether or not the land or use
thereof is exempt from taxation under s.13 of the Assessment
Act.
3.3
Development charges for wastewater services, shall be
imposed on development and redevelopment in all areas where
Town wastewater is available.
3.4
Development charges for water services, shall be imposed on
development and redevelopment in all areas where Town water
is available.
3.5
Notwithstanding clause 3.2 above, this By-law shall not apply to
lands that are owned by and used for the purposes of:
(a)
The Town or a local board thereof;
(b)
a board as defined in subsection 1 (1) of the Education
Act;
(c)
the Corporation of the County of Essex or a local board
thereof; or
(d)
land vested in or leased to a university that receives
regular and ongoing operating funds from the
government for the purposes of post-secondary
education is exempt from development charges imposed
under the Development Charges Act, 1997 if the
development in respect of which development charges
would otherwise be payable is intended to be occupied
and used by the university.
Approvals for Development
3.6
(a)
Development charges shall be imposed on all lands,
buildings or structures that are developed for residential
or non-residential uses if the development requires:
(i)
the passing of a zoning by-law or of an
amendment to a zoning by-law under section 34 of
the Planning Act;
(ii)
the approval of a minor variance under section 45
of the Planning Act;
(iii)
a conveyance of land to which a by-law passed
under subsection 50 (7) of the Planning Act
applies;
(iv)
the approval of a plan of subdivision under section
51 of the Planning Act;
(v)
a consent under section 53 of the Planning Act;
(vi)
the approval of a description under section 50 of
the Condominium Act, R.S.O. 1990, Chap. C.26,
as amended, or any successor thereof; or
(vii)
the issuing of a permit under the Building Code
Act in relation to a building or structure.
(b)
No more than one development charge for each service
designated in subsection 2.1 shall be imposed upon any
lands, buildings or structures to which this By-law applies
even though two or more of the actions described in
subsection 3.6 (a) are required before the lands,
buildings or structures can be developed.
(c)
Despite subsection 3.6 (b), if two or more of the actions
described in subsection 3.6 (a) occur at different times,
additional development charges shall be imposed if the
subsequent action has the effect of increasing the need
for services.
Exemptions
3.7
Notwithstanding the provisions of this By-law, development
charges shall not be imposed with respect to:
(a)
the enlargement to an existing residential dwelling unit;
(b)
the creation of additional dwelling units equal to the
greater of one or 1% of the existing dwelling units in an
existing residential rental building containing four or more
dwelling units or prescribed ancillary structure to the
existing residential building;
3.8
Notwithstanding the provisions of this By-law, development
charges shall not be imposed with respect to the creation of any
of the following in existing houses
(a) A second residential unit in an existing detached house,
semi-detached house or rowhouse on a parcel of land on
which residential use, other than ancillary residential use, is
permitted, if all buildings and structures ancillary to the
existing detached house, semi-detached house or rowhouse
cumulatively contain no more than one residential unit.
(b) A third residential unit in an existing detached house, semi
detached house or rowhouse on a parcel of land on which
residential use, other than ancillary residential use, is
permitted, if no building or structure ancillary to the existing
detached house, semi-detached house or rowhouse
contains any residential units.
(c) One residential unit in a building or structure ancillary to an
existing detached house, semi-detached house or rowhouse
on a parcel of urban residential land, if the existing detached
house, semi-detached house or rowhouse contains no more
than two residential units and no other building or structure
ancillary to the existing detached house, semi-detached
house or rowhouse contains any residential units.
3.9
Notwithstanding the provisions of this By-law, development
charges shall not be imposed with respect to the creation of any
of the following in new residential buildings:
(a) A second residential unit in a new detached house, semi
detached house or rowhouse on a parcel of land on which
residential use, other than ancillary residential use, is
permitted, if all buildings and structures ancillary to the new
detached house, semi-detached house or rowhouse
cumulatively will contain no more than one residential unit
(b) A third residential unit in a new detached house, semi
detached house or rowhouse on a parcel of land on which
residential use, other than ancillary residential use, is
permitted, if no building or structure ancillary to the new
detached house, semi-detached house or rowhouse
contains any residential units
(c) One residential unit in a building or structure ancillary to a
new detached house, semi-detached house or rowhouse on
a parcel of urban residential land, if the new detached
house, semi-detached house or rowhouse contains no more
than two residential units and no other building or structure
ancillary to the new detached house, semi-detached house
or rowhouse contains any residential units
3.10 Exemption for Industrial Development:
(a)
Notwithstanding any other provision of this by-law, no
development charge is payable with respect to an
enlargement of the gross floor area of an existing
industrial building where the gross floor area is enlarged
by 50 percent or less.
(b)
If the gross floor area of an existing industrial building is
enlarged by greater than 50 percent, the amount of the
development charge payable in respect of the
enlargement is the amount of the development charge
that would otherwise be payable multiplied by the fraction
determined as follows:
(i)
determine the amount by which the enlargement
exceeds 50 percent of the gross floor area before
the enlargement; and
(ii)
divide the amount determined under subsection (i)
by the amount of the enlargement.
(c)
For the purpose of this section, "existing industrial
building" is used as defined in the Regulation made
pursuant to the Act.
3.11 Discounts for Rental Housing (for profit)
The D.C payable for rental housing developments, where the
residential units are intended to be used as a rented residential
premises will be reduced based on the number of bedrooms in
each unit as follows:
(a)
Three or more bedrooms - 25% reduction;
(b)
Two bedrooms - 20% reduction; and
(c)
All other bedroom quantities - 15% reduction
3.12 Other Exemptions
(a)
Place of worship;
(b)
Bona fide farm buildings; and
(c)
Non-profit rental housing.
3.12.1
Other Exemptions (upon proclamation)
Once proclamation for required amendments to the Act to
allow the following exemptions is received by the Lieutenant
Governor, the following shall be exempt from development
charges:
(a)
Affordable residential units; or
(b)
Attainable residential units.
Amount of Charges
Residential
3.13 The development charges set out in Schedule B shall be
imposed on residential uses of land, buildings, or structures,
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,
according to the type of residential unit and calculated with
respect to each of the services according to the type of
residential use.
3.14 The development charges set out in Schedule B for boarding,
lodging and rooming houses shall be imposed subject to section
3.13 on a per capita basis, per building.
Non-Residential
3.15 The development charges described in Schedule B to this by
law shall be imposed on non-residential uses of lands, buildings
or structures, and, in the case of a mixed-use building or
structure, on the non-residential uses in the mixed-use building
or structure and calculated with respect to each of the services
according to the total floor area of the non-residential use for all
uses except wind turbines.
3.15.1
The development charges described in Schedule
B to this by-law with respect to Greenhouses shall
be applied on the portion of the building or
structure that is the growing area only. For all
remaining gross floor area in the building or
structure, the Industrial, Commercial, &
Institutional development charges described in
Schedule B will apply.
3.16 Development charges described in Schedule B to this by-law
shall be imposed on Wind turbines on a per unit basis.
Mandatory Phase-in
3.17 The amount of the development charges described in Schedule
B to this by-law shall be reduced in accordance with section 5(8)
of the Act. Therefore the following percentages of the charges
provided in Schedule B will be imposed (subject to annual
indexing as per section 5 of this by-law):
(a)
Year 1 - 80 per cent;
(b)
Year 2 - 85 per cent;
(c)
Year 3 - 90 per cent;
(d)
Year 4 - 95 per cent;
(e)
Year 5 through 10 - 100 per cent.
Reduction of Development Charges for Redevelopment
3.18 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 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 on the 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 sections 3.13 and 3.14 by the number,
according to 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 a mixed-use building or structure, the non
residential uses in the mixed-use building or structure, an
amount calculated by multiplying the applicable
development charges under section 3.15, by the gross
floor area that has been or will be demolished or
converted to another principal use;
provided that such amounts shall not exceed, in total, the
amount of the development charges otherwise payable with
respect to the redevelopment.
Time of Payment of Development Charges
3.19 Development charges imposed under this By-law are
calculated, payable and collected upon issuance of a building
permit with respect to each dwelling unit, building or structure.
3.20 Notwithstanding subsections 3.12 through 3.16, 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 calculated in
accordance with section 26.3 of the Act, payable on the
anniversary date each year thereafter.
3.21 Where the development of land results from the approval of a
Site Plan or Zoning By-law Amendment received on or after
January 1, 2020, and the approval of the application occurred
within two years of building permit issuance, the development
charges under subsections 3.13 through 3.16 shall be
calculated on the rates set out in Schedule "B" on the date of
the planning application, including interest calculated in
accordance with section 26.3 of the Act. Where both planning
applications apply development charges under subsections 3.13
through 3.16 shall be calculated on the rates, including interest
calculated in accordance with section 26.3 of the Act, set out in
Schedules "B" on the date of the later planning application.
3.22 Despite sections 3.19 through 3.21, Council from time to time,
and at any time, may enter into agreements providing for all or
any part of a development charge to be paid before or after it
would otherwise be payable, in accordance with section 27 of
the Act.
4.
PAYMENT BY SERVICES
4.1
Despite the payment required under sections 3.13 through 3.22,
Council may, by agreement, give a credit towards a
development charge in exchange for work that relates to a
service to which a development charge is imposed under this
By-law.
5.
INDEXING
5.1
Development charges imposed pursuant to this By-law shall be
adjusted annually, without amendment to this By-law,
commencing on the 1st of January 2023 and each year
thereafter, in accordance with the prescribed index in the Act.
6.
SCHEDULES
6.1
The following schedules shall form part of this By-law:
Schedule A - Components of Services and Classes Designated
in section 2.1
Schedule B - Residential and Non-Residential Development
Charges
7.
CONFLICTS
7.1
Where the Town and an owner or former owner have entered
into an agreement with respect to land within the area to which
this By-law applies, and a conflict exists between the provisions
of this By-law and such agreement, the provisions of the
agreement shall prevail to the extent that there is a conflict.
7.2
Notwithstanding section 7.1, where a development which is the
subject of an agreement to which section 7.1 applies, is
subsequently the subject of one or more of the actions
described in subsection 3.6 (a), an additional development
charge in respect of the development permitted by the action
shall be calculated, payable and collected in accordance with
the provisions of this By-law if the development has the effect of
increasing the need for services, unless such agreement
provides otherwise.
8.
SEVERABILITY
8.1
If, for any reason, any provision of this By-law is held to be
invalid, it is hereby declared to be the intention of Council that
all the remainder of this By-law shall continue in full force and
effect until repealed, re-enacted, amended or modified.
9.
DATE BY-LAW IN FORCE
9.1
This By-law shall come into effect at 12:01 AM on January 30,
2023.
10.
DATE BY-LAW EXPIRES
10.1 This By-law will expire as per Section 9 of the Development
Charges Act unless it is repealed by Council at an earlier date.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this
25th day of January, 2023.
MAYOR, Dennis Rogers
CLERK, Paula Parker
SCHEDULE "A" TO BY-LAW 4-2023
COMPONENTS OF SERVICES AND CLASSES DESIGNATED IN SECTION 2.1
Development Charge Eligible Services and Classes of Services
Wastewater Services
Water Services
Services Related to a Highway
Roads, Bridges and Culverts
Traffic Signals
Sidewalks
Streetlights
Public Works Facilities
Public Works Fleet
Policing Services
Police Stations
Fire Protection
Fire stations
Fire pumpers, aerials, tankers and rescue vehicles
Fire Small equipment and gear
Parks and Recreation Services
Parkland development, Amenities, and Trails
Recreation Facilities
Vehicles and Equipment
Library Services
Public Library Space
-
-
SCHEDULE "B" TO BY-LAW 4-2023
SCHEDULE OF DEVELOPMENT CHARGES
Service/Class of Service
RESIDENTIAL
NON-RESIDENTIAL
Single and
Semi
Detached
Dwelling
Other Multiples Apartments - 2
Bedrooms +
Apartments
Bachelor and 1
Bedroom
Special
Care/Special
Dwelling Units
Boarding,
Lodging, and
Rooming
House (per
capita)
Industrial,
Commercial &
Institutional
(per sq.ft. )
Greenhouses
(per sq.ft.)
Wind Turbine
(per unit)
Town-wide Services/Class of Service:
Services Related to a Highway
6,036
4,324
4,103
2,888
2,293
2,085
2.777
0.108
6,036
Policing Services
213
153
145
102
81
74
0.098
0.004
213
Parks and Recreation Services
2,341
1,677
1,591
1,120
889
809
0.117
0.004
-
Library Services
412
295
280
197
157
142
0.020
0.001
-
Total Town-wide Services/Class of Services
9,002
6,449
6,119
4,307
3,420
3,109
3.012
0.117
6,249
Urban Services
Wastewater Services
5,202
3,727
3,536
2,489
1,977
1,797
2.355
0.092
-
Water Services
3,078
2,205
2,092
1,473
1,170
1,063
1.424
0.055
-
Total Urban Services
8,280
5,932
5,628
3,962
3,147
2,860
3.779
0.147
-
GRAND TOTAL RURAL AREA
9,002
6,449
6,119
4,307
3,420
3,109
3.012
0.117
6,249
GRAND TOTAL URBAN AREA
17,282
12,381
11,747
8,269
6,567
5,970
6.791
0.264
6,249