By-law No. 2024-31 - A By-law for the Imposition of Development Charges and to Repeal By-laws 2018-93 and 2022-30 (Services Related to a Highway), as amended by By-law No. 2024-78
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THE CORPORATION OF THE TOWN OF LINCOLN
BY-LAW NO. 2024-78
BY-LAW TO AMEND BY-LAW 2024-31, BEING A BY-
LAW FOR THE IMPOSITION OF DEVELOPMENT
CHARGES AND TO REPEAL BY-LAW 2018-93 AND 2022-
30 (SERVICES RELATED TO A HIGHWAY)
WHEREAS: :
1. The Development Charges Act, 1997 c. 27 (hereinafter called "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 need for services:
2. Section 19 of the Act provides for amendments to be made to
Development Charges by-laws;
_ 3. Subsections 19 (1.2) and 19 (1.3) of the Act permits a municipality to
amend a Development Charges by-law, subject to conditions being
met, that do not require the process for by-law amendments under
subsection 19 (1) of the Act to be followed.
NOW THEREFORE THE COUNCIL OF THE TOWN OF LINCOLN ENACTS
AS FOLLOWS:
1. By-law 2024-31 is hereby amended as follows:
A. The Capital Cost Definition in Section 1 is deleted, and the
following definition is substituted, therefore:
"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:
i. to acquire land or an interest in land, including a
leasehold interest;
ii. to improve land;
iii. to acquire, lease, construct or improve buildings and
structures;
iv. to acquire, construct or improve facilities including:
a. furniture and equipment other than computer
equipment;
b. materials acquired for circulation, reference or
information purposes by a library board as defined
in the Public Libraries Act; and
c. rolling stock with an estimated useful life of seven
years or more;
v. to undertake studies in connection with any of the
matters referred to in paragraphs (i) to (iv);
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vi. costs of the development charge background study
required under section 10; and
vii. interest on borrowing for those expenditures under
Clauses (i) to (iv) above that are growth-related."
B. Repeal the Mandatory Phase-in Section 7.1.
2. This By-law shall come into force and take effect on the date of its final
passing.
. 3. Except as amended by this By-law, all provisions of By-law 2024-31,
are and shall remain in full force and effect.
PASSED AND ENACTED on the 18th day of November 2024.
/ OR: SANDRA EASTON
ERK: JULIE KIRKELOS .
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THE CORPORATION OF THE TOWN OF LINCOLN
BY-LAW NO. 2024-31
A BY-LAW FOR THE IMPOSITION OF DEVELOPMENT
CHARGES AND TO REPEAL BY-LAWS 2018-93 AND
2022-30
(SERVICES RELATED TO A HIGHWAY)
WHEREAS:
1. Subsection 2(1) of the Development Charges Act, 1997, S.O. 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 which the by-law applies:
2. The Council of the Corporation of the Town of Lincoln ("Town of Lincoln")
desires to ensure that the capital costs of meeting development related
demands for, or the burden on, Town services does not place an undue
financial burden on the Town or its existing taxpayers while, at the same
time, ensuring that new development contributes no more than the net
| capital costs attributable to providing the historical level of services and
meeting the requirements of Section 5(1) of the Act;
i The Council of the Town of Lincoln has given notice in accordance with
Section 12 of the Act of its intention to pass a by-law under Section 2 of the
Act;
4. The Council of the Town of Lincoln 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 20, 2024;
=m The Council of the Town of Lincoln had before it a report entitled
Development Charges Background Study dated December 22, 2023, as
amended February 9, 2024 prepared by Watson & Associates Economists
Ltd., wherein it is indicated that the development of any land within the Town
of Lincoln will increase the need for services as defined herein:
6. The Council of the Town of Lincoln on April 2, 2024 determined that no
additional public meeting was required;
7 7. The Council of the Town of Lincoln on April 2, 2024 accepted the
Development Charges Background Study, dated December 22, 2023, as
amended February 9, 2024 in which certain recommendations were made
relating to the establishment of a development charge policy for the Town
of Lincoln pursuant to the Development Charges Act, 1997.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
LINCOLN ENACTS AS FOLLOWS:
1.0 DEFINITIONS .
1.1. In this by-law,
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(1) "Act" means the Development Charges Act, 1997, S.O. 1997, c. 27,
| as amended, or any successor thereto.
(2) "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 or floor area or both, and
exclusively devoted to a principal use, building or structure.
(3) "Affordable Residential Unit" means a Dwelling Unit that meets the
criteria set out in subsection 4.1(2) or 4.1(3) of the Act;
(4) | "Agricultural Produce Processing Building or Structure" means a
building or structure or portion thereof used for processing local farm
produce as an ancillary use to an agricultural use.
(5) "Agricultural Produce Stand" means a seasonal building or structure
where Ontario grown produce is retailed to the general public and is
accessory to agricultural use.
(6) "Agricultural Produce Warehouse and/or Shipping Building or
Structure" means a building or structure or portion thereof where local
agricultural produce and/or products are stored and distributed to
and from.
(7) "Agricultural Research" means the use of a building or structure for
agricultural research.
(8) "Agricultural Use" means use or intended use for bona fide farming
purposes including (but not limited to):
(a) cultivation of crops, whether on open land or in greenhouses,
including (but not limited to) fruit, vegetables, herbs, grains,
field crops, marijuana, sod, trees, shrubs, flowers, and
ornamental plants;
(b) raising of animals, including (but not limited to) cattle, horses,
pigs, poultry, livestock, fish;
(c) agricultural animal husbandry, dairying, equestrian activities,
horticulture, fallowing, pasturing, and market gardening;
(d) Agricultural Produce Stand and Farm Produce Outlet:
. (e) Agricultural Research uses on lands within an Agricultural
Zone;
(f) the first 750 square metres of an Agricultural Produce
Processing Building, or Structure located on lands within an
Agricultural Zone; and
(g) the first 750 square metres of an Agricultural Produce
Warehouse and/or Shipping Building or Structure on lands
within an Agricultural Zone;
but excluding:
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(h) retail sales activities except those retail sales activities
associated with Sections (8)(a) to 8(g);
| (i) restaurants, banquet facilities, hospitality facilities, Craft
Breweries, Craft Distilleries, Estate Wineries, Farm Wineries,
and Residential Uses;
(j) services related to grooming, boarding, or breeding of
household pets; and
(k) Marijuana Processing Facilities.
(9) | "Apartment Unit" means any residential dwelling unit within a building
containing five 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.
(10) "Attainable Residential Unit" means a Dwelling Unit that meets the
criteria set out in subsection 4.1(4) of the Act.
(11) "Back-to-back Townhouse Dwelling" means a building containing four
, or more dwelling units separated vertically by a common wall,
including a rear common wall, that do not have rear yards.
(12) "Bedroom" means a habitable room larger than seven square
metres, including a den, study, or other similar area, but does not
include a living room, dining room or kitchen.
(13) "Benefiting Area" means an area defined by a map, plan, or legal
description in a front-ending agreement as an area that will receive
a benefit from the construction or provision of a service.
(14) "Board of Education" means a board defined in subsection 1(1) of the
Education Act, R.S.O. 1990, c.E.2, as amended, or any successor
thereto.
(15) "Building Code Act" means the Building Code Act, 1992, S.O. 1992,
c. 23, as amended, or any successor thereto.
(16) "Building Permit" means a permit pursuant to the Building Code Act,
1992, S.O. 1992, c. 23, as amended;
(17) "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;
(6) to improve land;
(c) to acquire, lease, construct or improve buildings and
structures; and
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(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,
| | 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.
(18) "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 Development Charges Act.
(19) "Commercial" means any non-residential development not defined
under "institutional" or "industrial" and includes retail development
and hotels/motels.
(20) "Council" means the Council of the Corporation of the Town of
Lincoln.
(21) "Craft Brewery" means a building or structure as a secondary use on
the same farm parcel of land for the processing of crops, fruit,
fermentation, production, bottling, aging, and storing of beer and
beer-related products where the crops or fruit used in the production
of the beer shall be locally grown. A craft brewery may also include
the retail sale of beer, hospitality room, restaurant, office, and a
laboratory.
(22) "Craft Distillery' means a building or structure as a secondary use on
the same farm parcel of land for the processing of crops, fruit, ;
fermentation, production, bottling, aging, and storing of distilled
spirits and spirit-related products where the crops or fruit used in the
production shall be locally grown. A distillery may also include the
. retail sale of spirits, hospitality room, restaurant, office, and a
laboratory.
(23) "Development" means the construction, erection or placing of one or
more buildings or structures on land or the making of an addition or
alteration to a building or structure that has the effect of increasing
the size or usability thereof and includes redevelopment.
Notwithstanding the foregoing, development does not include
temporary structures, including but not limited to, seasonal hoop
structures, seasonal fabric structures, tents, or agricultural produce
stands.
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(24) "Development Charge" means a charge imposed pursuant to this By-
law.
(25) "Dwelling Room" means either:
(a) | each bedroom used, designed, or intended for use by one or
more persons living together in a lodging home, dormitories,
or
(b) in the case of a special care/special dwelling unit/room, each
individual room or suite of rooms used, designed, or intended
for use by one or two persons with or without exclusive
sanitary and/or culinary facilities.
(26) "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.
(27) "Estate winery" means a building or structure as a secondary use to
a vineyard and/or fruit farm on the same farm parcel of land for the
. processing of fruit, fermentation, production, bottling, aging, and
storing of wine and wine-related products where the fruit used in the
production of the wine shall be locally grown. An estate winery may
also include the retail sale of wine, hospitality room, restaurant,
winery office and a laboratory. .
(28) "Existing" means a building or structure existing as of the date of
passage of this by-law. .
(29) "Farm Helphouse" means a dwelling unit for seasonal or full-time
farm help located within a farm building, ancillary to a farm, and
located on the same lot therewith.
(30) "Farm Produce Outlet" means a building or structure where Ontario
grown produce, bakery produced on the premises, processed fruit is
prepared on the premises, Ontario grown greenhouse and nursery
products and Ontario made floral products are retailed to the general
public as an accessory to an agricultural use.
(31) "Farm Winery" means a building or structure as a secondary use to a
vineyard and/or fruit farm on the same farm parcel of land for the
. processing of locally grown fruit, fermentation, production, bottling,
aging and storage of wine and wine-related products where the fruit
used in the production of the wine shall be predominantly from the
vineyard and/or fruit farm located on the same land as the farm
winery as well as part of a farmer's own farm operation. A farm
winery may also include the retail sale of wine, hospitality room,
restaurant, winery office and a laboratory.
(32) "Garden Suite" means a one-unit detached, temporary residential
structure containing culinary and sanitary facilities, that is ancillary to
an existing residential structure and that is designed to be temporary.
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|
(33) "Grade" means the average level of finished ground adjoining a
building or structure at all exterior walls.
(34) "Greenhouse" means a building or structure for the growing of such
items as flowers, bushes, shrubs, trees, plants, fruits, vegetables,
and other types of nursery stock.
(35) "Gross Floor Area" means the total floor 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 other dwelling units
or other portion of a building.
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:
: (a) a room, elevator, or enclosed area within the building or
structure above or below grade that is used exclusively for the
accommodation of heating, cooling, ventilating, electrical,
mechanical or telecommunications equipment that services
the building;
(b) loading facilities above or below grade; and
(c) any part of the building or structure below grade that is used
for the parking of motor vehicles or for storage or other
accessory use.
(36) "Group Home" means a residential building or the residential portion
of a mixed-use building containing a single housekeeping unit which
is 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. A group home may contain an office provided that the
7 office is used only for the operation of the group home in which it is
located.
(37) "Hotel/Motel" means a commercial establishment catering to the
needs of the traveling or vacationing public by supplying
accommodation with or without food but does not include a "boarding
or lodging dwelling" or an "apartment dwelling". A hotel/motel may
_include accessory uses such as personal service uses, eating
establishments and banquet and/or convention facilities.
(38) "Industrial" means lands, buildings or structures used or designed or
intended for use for manufacturing, processing, fabricating or
| Page 6 of 21
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. "Marijuana Processing Facilities" are also included
in this category.
(39) "Industrial Use" means land, buildings or structures used for or in
connection with manufacturing including:
(a) manufacturing, producing, and processing goods for a
commercial purpose, as well as storing and/or distribution of
goods manufactured, produced, or processed on site;
(b) research or development in connection with manufacturing,
producing, or processing good for a commercial purpose;
(c) retail sales by a manufacturer, producer, or processor of
goods 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 it is:
(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;
(40) "Institutional" means lands, buildings or structures used or designed
or intended for use by an organized body, society, or religious groups
for promoting a public or non-profit purpose and shall include, but
without limiting the generality of the foregoing, places of worship,
group homes, nursing homes, and special care facilities.
(41) "Institutional Development" means development of a building or
structure intended for use:
(a) asa long-term care home within the meaning of subsection
2(1) of the Fixing Long-Term Care Act, 2021, S.O. 2021, c.
39, Sched. 1 ("Fixing Long-Term Care Act");
(b) as a retirement home within the meaning of subsection 2(1)
of the Retirement Homes Act, 2010, S.O. 2010, c. 11
(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,
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(ii) a college or university federated or affiliated with a
university described in subclause (i), or
(ii) | an Indigenous Institute prescribed for the purposes of
section 6 of the Indigenous Institutes Act, 2017, S.O.
2017, c. 34, Sched. 20.
(42) "Interest Rate" means the annual rate of interest as set out in
Section 26.3 of the Act.
(43) "Live/Work Unit" means a unit which contains separate residential
| and non-residential areas intended for both residential and non-
| residential uses concurrently and shares a common wall or floor with
direct access between the residential and non-residential areas.
(44) "Local Board" has the same definition as defined in the Development
Charges Act, 1997.
(45) "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 in respect of
the lands under Sections 41, 51 or 53 of the Planning Act, R.S.O.
1990, c.P.13, as amended, or any successor thereto.
(46) "Marijuana Processing Facility' means a building or area used,
designed, or intended for growing, producing, testing, destroying, .
storing or distribution, excluding retail sales, of medical marijuana or
any other type of cannabis authorized by a license issued by the
federal Minister of Health pursuant to section 25 of the Marihuana for
Medical Purposes Regulations, SOR/2013-119, under the Controlled
Drugs and Substances Act, S.C. 1996, c.19.
(47) "Mixed-Use Building" means a building or structure used for both
residential and non-residential use;
(48) "Mobile Home" means a dwelling unit that is designed to be
transported either on its own wheels, on a flatbed or other trailer, or
: on detachable wheels, and which is suitable for permanent or
seasonal occupancy as a residence, except for minor and incidental
unpacking and assembly operations, placement on a mobile home
stand and connections to utilities.
; (49) "Multiple Dwellings" means all dwellings other than single detached
dwellings, semi-detached dwellings, and apartment house dwellings
or a dwelling room, including, but not limited to, townhouse dwelling,
multiplex, back-to-back townhouse dwelling, stacked townhouse
dwelling, and the residential component of live/work units.
(50) "Municipality" means the Corporation of the Town of Lincoln.
(51) "Non-Profit Housing Development" means Development of a building
or structure that meets the criteria set out in Section 4.2 of the Act.
Page 8 of 21
(52) "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 and includes all commercial, industrial, and institutional
uses.
(53) "Nursing Home" means a residential building, or the residential portion
of a mixed-use building licensed as a nursing home by the Province
of Ontario.
(54) "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.
(55) "Parking Structure" means buildings or structures used for the parking
of motor vehicles and includes underground parking within a building
or structure of a residential, commercial, institutional, or industrial
use.
(56) "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, c.A.31, as amended or any successor thereto.
| (57) "Regulation" means any regulation made pursuant to the Act.
(58) "Rental Housing" means development of a building or structure with
four (4) or more residential units all of which are intended for use as
rented residential premises.
(59) "Residential Use" means lands, buildings or structures of any kind
whatsoever used, designed, or intended to be used as living
accommodations for one or more individuals.
(60) "Retail Development" means land, buildings or portions thereof used,
designed, or intended for use for the purpose of offering foods,
wares, merchandise, substances, articles, or things for sale directly
to the public or providing services or entertainment to the public.
Retail development excludes freestanding bank kiosks and seasonal
outdoor tables as part of an existing restaurant, and includes, but not
limited to:
(a) land, buildings, or portions thereof used, designed, or
. intended for use for the rental of wares, merchandise,
substances, articles, or things;
(b) offices and storage in connection with, related to or ancillary
to retail use; and
(c) conventional restaurants; fast food restaurants; catering
establishments, bars and taverns; beer and wine-making
stores; concert halls/theatres/cinemas/movie houses/drive-in
theatres; dinner theatres; casinos; amusement and theme
parks; amusement arcades; bowling alleys; pet boarding
kennels, pet boarding kennel services, pet obedience training
centres, pet care, attendance and grooming services:
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|
|
| fitness/recreation sport centres; hotels, motels/bed and
breakfast facilities/rooming and boarding houses; gas stations
and service stations; specialty automotive shops/auto
repairs/collision services/car or truck washes; auto
dealerships; shopping centres and plazas, including more
than two attached stores under one ownership;
department/discount stores; banks and _ similar financial
institutions, including credit unions; insurance brokerages;
investment advisory services; and warehouse clubs and retail
warehouses.
(61) "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 no other parts, attached or another dwelling
unit where the residential units are not connected by an interior
corridor.
(62) "Services" or "Service" means those services set out in Schedule "A"
to this By-law.
(63) "Servicing Agreement" means an agreement between a landowner
and the municipality relative to the provision of municipal services to
specified lands within the municipality.
(64) "Single Detached Dwelling" means a residential building consisting
of one dwelling unit and not attached to another structure and
includes mobile homes.
(65) "Special Care/Special Dwelling Unit/Room" means a residence:
(a) containing two (2) or more dwelling rooms, which rooms have
common entrance from street level; and
(b) | where the occupants have the right to use in common with
other occupants, halls, stairs, yards, common room, and
accessory buildings; and
(c) that is designed to accommodate persons with specific needs,
including but not limited to, independent permanent living
arrangements; and where
| (d) support services, such as meal preparation, grocery
shopping, laundry, housing, nursing, respite care and
attending services are provided at various levels; and includes
but is not limited to retirement homes or lodges, group homes,
dormitories, and hospices.
(66) "Stacked Townhouse Dwelling" means a building containing two (2)
or more dwelling units where each dwelling unit is separated
horizontally and/or vertically from another dwelling unit by a common
wall.
(67) "Temporary Buildings and Structures" means buildings and
structures which are permitted during a period for special events, a
Page 10 of 21
temporary office for the sale of residential units, and a mobile home
as temporary accommodation for a period not to exceed 24 months
as a dwelling unit is being erected on the same land, which will be
removed at the end of the period.
(68) Townhouse Dwelling" means a residential building containing three
or more dwelling units separated by vertical division, each of which
units has a separate entrance to grade. Rowhouse dwelling shall
have a corresponding meaning.
2.0 DESIGNATION OF SERVICES/CLASS OF SERVICES
2.1 The categories of services/class of services for which development charges
are imposed under this by-law are as follows:
(a) _ services related to a highway.
2.2 Components of the services/class of services designated in Subsection 2.1
. are described in Schedule "A".
3.0 APPLICATION OF BY-LAW RULES
-3.1 | Development charges shall be payable by an owner in the amounts set out
in this by-law where:
(a) _ the lands are located in the area described in Subsection 3.2; and
(b) the development of the lands requires any of the approvals set out in
Subsection 3.4(a).
Area to Which By-law Applies
3.2 Subject to Subsection 3.3, this by-law applies to all lands in the geographic
area of the Town of Lincoln.
(a) | The Development Charges described in Schedule "B' to this by-law
as "Town-Wide" shall be calculated and collected on all lands in the
geographic area of the Town of Lincoln.
3.3. This by-law shall not apply to lands that are owned by and used for the
purposes of:
(a) the Corporation of the Town of Lincoln or a "local board" thereof;
(6) a "board of education"; and
(c) the Corporation of the Regional Municipality of Niagara or a "local
board" thereof.
Development Charges Imposed
3.4 (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:
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(i) the passing of a zoning by-law or an amendment to a zoning
by-law under Section 34 of the Planning Act, R.S.O. 1990,
c.P.13, as amended;
(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) | aconsent under Section 53 of the Planning Act;
(vi) the approval of a description under Section 50 of the
Condominium Act, 1998, S.O. 1998, c. 19, as amended: or
(vii) the issuing of a building permit under the Building Code Act,
1992, S.O. 1992, c. 23, as amended, 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 3.4(a) are required before the
lands, buildings or structures can be developed.
(c) Despite Subsection 3.4(b), if two or more of the actions described in
Subsection 3.4(a) occur at separate times, additional development
charges shall be imposed if the subsequent action has the effect of
increasing the need for services.
Exemptions
3.5 Notwithstanding the provisions of this by-law, but subject to Subsection
3.5, development charges shall not be imposed with respect to:
(a) lands, buildings, or structures used or to be used, for a place of
worship or for the purposes of a cemetery or burial ground exempt
from taxation under the Assessment Act, R.S.O. 1990, c.A.31, as
amended;
| (b) the development of non-residential farm buildings for farming
activities;
(c) the development of a farm help house;
(d) garden suite;
(e) parking structures, including underground parking garages;
(f) elevators and elevator machine rooms;
(g) temporary buildings and structures in accordance with Section 1(67):
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(h) canopies including gas station canopies and those intended for the
parking and loading or unloading of vehicles;
(i) one or more enlargements of an existing industrial building on its site,
whether attached or separate from the existing industrial building, up
to a maximum of fifty per cent (50%) of the gross floor area before
the first enlargement for which an exemption from the payment of
development charges was granted pursuant to the Development
Charges Act or this subsection. Development charges shall be
imposed in accordance with Schedule "B'" to this by-law, with respect
to the amount of floor area of an enlargement that results in the gross
floor area of the industrial building being increased by greater than
fifty per cent (50%) of the gross floor area of the existing industrial
building; or if the gross floor area is enlarged by more than fifty per
cent (50%), development charges are payable on the amount by
which the enlargement exceeds fifty per cent (50%) of the gross floor
area before the enlargement. The amount of the development
charge that would be payable multiplied by the fraction determined
as follows:
1. Determine the amount by which the enlargement exceeds fifty per
. cent (50%) of the gross floor area before the enlargement.
2. Divide the amount determined under paragraph 1 by the amount
of the enlargement.
(j) 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 Act if the development in respect of which
development charges would otherwise be payable is intended to be
occupied and used by the university.
(k) Non-profit Residential Development;
(I) Affordable Residential Units required pursuant to Section 34 and
16(4) of the Planning Act (Inclusionary Zoning).
(m) Notwithstanding subsections 3.2 and 3.4, as of the date on which
Section 4.1 of the Act is proclaimed into force, the following shall be
exempt from Development Charges:
(i) Affordable Residential Units; and
(ii) Attainable Residential Units.
3.5.1 Rules with Respect to Exemptions for Intensification of Existing or New
Housing
(a) | Notwithstanding any other provision of this By-law, Development
Charges shall not be imposed with respect to:
(i) an enlargement to an existing Dwelling Unit;
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(ii) the creation of additional Dwelling Units equal to the greater
of one (1) or 1% of the existing Dwelling Units in an existing
Residential rental building containing four (4) or more Dwelling
Units or prescribed ancillary structure to the existing
Residential building;
(b) Notwithstanding any other provision of this By-law, Development
Charges shall not be imposed with respect to the creation of any of
the following in an existing single detached dwelling, semi-detached
dwelling or rowhouse dwelling:
(i) A second residential unit in an existing single detached
dwelling, semi-detached dwelling or rowhouse dwelling 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 single detached dwelling, semi-
detached dwelling or rowhouse dwelling cumulatively contain
; no more than one (1) residential unit.
(ii) A third residential unit in an existing single detached dwelling,
semi-detached dwelling or rowhouse dwelling 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 single detached dwelling, semi-detached dwelling or
rowhouse dwelling contains any residential units.
(iii) | One (1) residential unit in a building or structure ancillary to an
existing single detached dwelling, semi-detached dwelling or
rowhouse dwelling on a parcel of land, if the existing single
detached dwelling, semi-detached dwelling or rowhouse
dwelling contains no more than two (2) residential units and
no other building or structure ancillary to the existing single
detached dwelling, semi-detached dwelling or rowhouse
dwelling contains any residential units.
(c) Notwithstanding any other provision of this By-law, Development
Charges shall not be imposed with respect to the creation of any of
the following in any new single detached dwelling, semi-detached
dwelling or rowhouse dwelling:
(i) A second residential unit in a new single detached dwelling,
semi-detached dwelling or rowhouse dwelling 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 single detached dwelling, semi-detached dwelling or
rowhouse dwelling cumulatively will contain no more than one
(1) residential unit.
| (ii) A third residential unit in a new single detached dwelling, semi-
detached dwelling or rowhouse dwelling 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 single
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detached dwelling, semi-detached dwelling or rowhouse
| dwelling contains any residential units.
(iii) | One (1) residential unit in a building or structure ancillary to a
new single detached house, semi-detached dwelling or
rowhouse dwelling on a parcel of land, if the new single
detached dwelling, semi-detached dwelling or rowhouse
dwelling contains no more than two (2) residential units and
no other building or structure ancillary to the new single
detached dwelling, semi-detached dwelling or rowhouse
dwelling contains any residential units.
3.5.2 Rules with Respect to Rental Units Reductions
(a) Notwithstanding any other provision of this By-law, the Development
Charges payable for Residential Development, where the Dwelling
Units are intended for rented Residential Use, will be reduced based
. on the number of bedrooms in each Dwelling Unit as follows:
(i) Three (3) or more Bedrooms -- 25% reduction;
. (ii) Two (2) Bedrooms -- 20% reduction; and
(iii) Fewer than two (2) Bedrooms -- 15% reduction.
Amount of Charges
Residential
3.6 The development charges described in Schedule "B" to this by- law shall be
imposed on residential uses of lands, 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, including the residential portion of a live/work unit, according to
the type of residential unit, and calculated with respect to each of the
services according to the type of residential use.
Non-Residential Uses
3.7 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, including the non-residential
component of a live/work unit, and calculated with respect to each of the
services according to the gross floor area of the non-residential use.
Redevelopment of Residential Buildings or Structures
3.8 Inthe case of the demolition of all or part of a residential building or structure
associated with a development on a singular and certain parcel of land:
(a) a redevelopment credit shall be allowed, provided that the singular
and certain parcel of land was improved by occupied structures
within the last five years prior to the issuance of the building permit
required by the development, and the building permit for the
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development has been issued within five years from the date the
demolition permit has been issued; and
(b) ifadevelopment on a singular and certain parcel of land involves the
demolition and replacement of a building or structure, or the
conversion from one principal use to another, a redevelopment credit
shall be allowed equivalent to:
(i) the number of dwelling units demolished/converted multiplied
by the applicable residential development charge in place at
the time the development charge is payable, and/or
(ii) the gross floor area of the building demolished/ converted
multiplied by the current non-residential development charge
in place at the time the development charge is payable.
Redevelopment of Non-Residential Buildings or Structures
3.9 . In the case of the demolition of all or part of a non-residential building or
structure associated with a development on a singular and certain parcel of
land:
(a) a redevelopment credit shall be allowed, provided that the singular
and certain parcel of land was improved by occupied structures
within the last five years prior to the issuance of the building permit
required by the development, and the building permit has been
issued for the development within five years from the date the
demolition permit has been issued; and
(b) -- ifadevelopment on a singular and certain parcel of land involves the
demolition of and replacement of a building or structure, or the
conversion from one principal use to another, a redevelopment credit
shall be allowed equivalent to:
(i) the number of dwelling units demolished/converted multiplied
by the applicable residential development charge in place at
the time the development charge is payable, and/or
(ii) the gross floor area of the building demolished/converted
multiplied by the current non-residential development charge
in place at the time the development charge is payable.
. Redevelopment - Conversions
3.10 In the case of a conversion of all or part of a building:
(a) acredit shall be allowed against the development charges otherwise
payable under this By-law;
(b) the credit shall be calculated based on the portion of the building that
is being converted by multiplying the number and type of dwelling
units being converted or the commercial, industrial and institutional
total floor area being converted by the relevant development charges
under this By-law in effect on the date when the development
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charges are payable pursuant to this By-law with respect to the
redevelopment; and
| (c) | Where the amount of any credit pursuant to this section exceeds, in
total, the amount of the development charges otherwise payable
under this By-law with respect to the redevelopment, the excess
credit shall be reduced to zero and shall not be carried forward
unless the carrying forward of such excess credit is expressly
permitted by a phasing plan for the redevelopment that is acceptable
to the Treasurer.
Credit Not to Exceed Development Charge
3.11 A redevelopment credit can, in no case, exceed the amount of the
development charge that would otherwise be payable, and no
redevelopment credit is available if the existing land use is exempt under
this by-law.
Time of Payment of Development Charges
3.12 Development charges shall be calculated and be payable in full in money
. or by provision of services as may be agreed upon, or by credit granted
under the Act, on the date that the first building permit is issued in relation
to a building or structure on land to which a development charge applies.
3.13 Where development charges apply to land in relation to which a building
permit is required, no building permit shall be issued until the development
charges have been paid in full.
3.14 Where, by law, a building permit is required for development and
development occurs without the issuance of a building permit by the
municipality, a development charge shall be calculated and be due and
payable in full in money upon demand by the municipality.
3.15 Where a development charge or any part of it remains unpaid after it is due
and payable, the amount unpaid shall be added by the Treasurer of the
Municipality to the tax roll where it shall be collected in the same manner as
taxes.
3.16 Notwithstanding Sections 3.12 to 3.14, development charges for rental
housing and institutional developments are due and payable in six equal
. annual instalment payments 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.
3.17 Where the development of land results from the approval of a site plan or
zoning by-law amendment application 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 Sections 3.6 and 3.7 shall
be calculated on the rates set out in Schedule "B" on the date of the receipt
of a complete planning application, including interest. Where both planning
applications apply development charges under Sections 3.6 and 3.7 shall
be calculated on the rates payable on the anniversary date each year
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thereafter, set out in Schedule "B" on the date of the later planning
application, including interest (calculated in accordance with Section 26.3
of the Act).
Alternative Payment Agreements
3.18 The Town may enter into an agreement under Section 27 of the Act, in a
form and having content satisfactory to the Town's solicitor and having
content satisfactory to the Treasurer, with any person who is required to pay
a development charge providing for all or any part of the development
charge to be paid before or after it would otherwise be payable.
4.0 PAYMENT BY SERVICES .
4.1 Despite the payments required under Subsection 3.12, Council may, by
agreement, give a credit towards a development charge in exchange for
| work that relates to a service for which a development charge is imposed
under this by-law.
5.0 BY-LAW AMENDMENT OR APPEAL
5.1 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 Council, the Treasurer of the Town shall calculate forthwith the
amount of any overpayment to be refunded as a result of said amendment
or repeal.
9.2 Refunds that are required to be paid under Subsection 5.1 shall be paid with
interest to be calculated as follows:
(1) interest shall be calculated from the date on which the overpayment
was collected to the date on which the refund is paid;
(2) the minimum interest rate is what the Bank of Canada rate is on the
day the By-law comes into force, updated on the first business day
of every January, April, July and October.
6.0 INDEXING
6.1 | Development charges imposed pursuant to this by-law shall be adjusted
annually, without amendment to this by-law, commencing on June 1, 2024,
and each January 1* thereafter, in accordance with the Statistics Canada
: Quarterly Construction Price Statistics.
7.0 PHASING
7.1. The amount of the Development Charges described in Schedule "B" to this
| By-law shall be reduced in accordance with the Act.
8.0 SCHEDULES
8.1. The following schedules to this by-law form an integral part thereof:
Schedule "A" Components of Services/Class of Services Designated
in Subsection 2.1
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Schedule "B" Residential and Non-Residential Development
Charges -- Town-Wide
9.0 HEADINGS FOR REFERENCE ONLY
9.1. The headings contained in this by-law are for convenience of reference only
and shall not affect the construction or interpretation of this by-law.
10.0 SEVERABILITY
10.1 If, for any reason, any provision, section, subsection, or paragraph of this
by-law is held to be invalid, it is hereby declared 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.
11.0 DATE BY-LAW IN FORCE
11.1 This By-law shall come into force and effect on April 30, 2024.
12.0 DATE BY-LAW EXPIRES
12.1 This by-law will expire as of ten (10) years from the date of passage unless
. it is repealed at an earlier date.
13.0 REPEAL
13.1 Upon the coming into force of this by-law, By-law No. 2018-93 (as amended)
and By-law No. 2022-30 of the Town of Lincoln are hereby repealed.
PASSED AND ENACTED on the 15th day of April 2024
hw ye
"M R: SANDRA EASTON
\ 4
{ oe
RK: JULIE KIRKELOS
Page 19 of 21
SCHEDULE "A"
TO BY-LAW NO. 2024-31
DESIGNATED MUNICIPAL SERVICES/CLASSES OF SERVICES UNDER
THIS BY-LAW
Town-Wide Services/Classes of Services
e Services Related to a Highway
o Roads and Related
o Public Works Facilities, Vehicles and Equipment
Page 20 of 21
SCHEDULE "B"
TO BY-LAW NO. 2024-31
RESIDENTIAL AND NON-RESIDENTIAL DEVELOPMENT CHARGE RATES
NON-RESIDENTIAL
RESIDENTIAL (per sq.m. of Gross Floor Area)
Single ele NATTA Specia :
Semi- : Apartments -- : Care/Special
Service Detached Multiples PUBS Studio and 1 Dwellin 3
€ oC e 0 Bedroom 8 Primary Commercial Industrial Institutional
Dwelling Units
Services Related to a 17,428 | 14,422 12,333 7,991 6,680 23.57 141.33 58.88 104.73
Highway
Total Town-wide 17,428 7,991 6,680 | 23.57 58.88 104.73
Services
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