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By-law Number 2024-033
Development Charges
THE CORPORATION OF THE TOWNSHIP OF MAPLETON
BY-LAW NUMBER 2024-033
A BY-LAW TO ESTABLISH DEVELOPMENT CHARGES FOR THE CORPORATION
OF THE TOWNSHIP OF MAPLETON AND TO REPEAL BY-LAW 2020-026
WHEREAS the Township of Mapleton will experience growth through development and
re-development;
AND WHEREAS development and re-development requires the provision of physical
and social services by the Township of Mapleton;
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 Township of Mapleton or its existing taxpayers while at the same
time ensuring new taxpayers contribute no more than the net capital cost attributable to
providing the historical average level of municipal services;
AND WHEREAS the Development Charges Act, 1997 S.O. 1997, c.27, as amended
authorizes by-laws of the council of a municipality to impose development charges
against land to pay for increased capital costs required because of increased needs for
services arising from development of the area to which the by-law applies.
AND WHEREAS a development charges background study has been completed in
accordance with the Act;
AND WHEREAS the Council of The Corporation of the Township of Mapleton provided
notice as required by the Act and held a public meeting on June 11, 2024 in accordance
with the Act and the regulations thereto;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
MAPLETON ENACTS AS FOLLOWS:
1. Interpretation
1.1 In this By-law the following items shall have the corresponding meanings:
"accessory use" means where used to describe a use, building, or structure that
the use, building or structure is naturally and normally incidental, subordinate in
purpose of floor area or both, and exclusively devoted to a principal use, building
or structure;
"Act" means the Development Charges Act, as amended, or any successor
thereof;
"agricultural use" means the use of land and buildings for apiaries, fish farming,
animal husbandry or the cultivation of trees, shrubs, flowers, grains, sod, fruits,
vegetables and other crops or ornamental plants;
"apartment unit" means any residential unit within a building containing three or
more dwelling units where access to each residential unit is obtained through a
common entrance or entrances from the street level and the residential units are
connected by an interior corridor;
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"bedroom" means a habitable room larger than seven square metres, including a
den, study or other similar area, 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. 19990, Chap. E.2, as amended, or any successor thereof;
"bona fide farm use" means the proposed development that 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 Ontario Property Assessment Corporation;
"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 Township
or a local board thereof directly or by others on behalf of and as authorized by
the Township 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.
19990, 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) to undertake studies in connection with any matter under the Act and any
of the matters in clauses (a) to (d) above, including the development
charge background study required for the provision of services designated
in this By-law within or outside the Township, including interest on
borrowing for those expenditures under clauses (a) to (e) above that are
growth-related;
"commercial" means any use of land, structures or buildings for the purposes of
buying or selling commodities and services, but does not include industrial or
agricultural uses, but does include hotels, motels, motor inns and boarding,
lodging and rooming houses;
"Council" means the Council of the Township;
"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 with the effect of increasing the size of usability thereof, and
includes redevelopment;
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Development Charges
"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;
"existing" means the number, use and size that existed as of the date this By-law
was passed;
"farm building" means that part of a bona fide farming operation encompassing
barns, silos and other ancillary development to an agricultural use, but excluding
a residential use;
"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 in respect of the non-residential portion
thereof, the total area of all building floors above or below grade measured
between the outside surfaces of the exterior walls, or between the outside
surfaces of exterior walls and the centre line of party walls dividing a non-
residential use and a residential use, except for:
(i) a room or enclosed area within the building or structure above or
below that is used exclusively for the accommodation of heating,
cooling, ventilating, electrical, mechanical or telecommunications
equipment that service the building;
(ii) loading facilities above or below grade; and
(iii) | apart of the building or structure below grade that is used for the
parking of motor vehicles or for storage or other accessory use;
"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 land, buildings, structures or any part thereof used by any
organization, group or association for promotion of charitable, educational or
benevolent objectives and not for profit or gain;
"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,
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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 Township of Mapleton or
any part or parts thereof;
"local services" means those services, facilities or things which are under the
jurisdiction of the Township 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. 19990, Chap. P.13, as amended, or any successor
thereof;
"multiple dwellings" means all dwellings other than single detached, semi-
detached and apartment unit dwellings;
"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;
"non-profit housing development" means development of a building or structure
intended for use as residential premises by,
(a) a corporation without share capital to which the Corporations Act applies,
that is in good standing under that Act and whose primary object is to
provide housing;
(6) | acorporation 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;
"Official Plan" means the Official Plan adopted for the Township, as amended
and approved;
"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;
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"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 an agricultural 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;
"school, private" means a private school defined under the Education Act or any
successor thereto, being "an institution at which instruction is provided at any
time between the hours of 9 a.m. and 4 p.m. on any school day for five or more
pupils who are of, or over compulsory school age in any of the subjects of the
elementary or secondary school courses of study;
"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" means a service designated in Schedule "A" to this By-law, and
"services" shall have a corresponding meaning;
"servicing agreement" means an agreement between a landowner and the
Township relative to the provision of municipal services to specified land within
the Township;
"single detached dwelling unit" means a residential building consisting of one
dwelling unit and not attached to another structure;
"telecommunications tower" means any tower, apparatus, structure or other thing
that is used or is capable of being used for telecommunications or for any
operation directly connected with telecommunications, and includes a
transmission facility as defined in the Telecommunications Act;
"Township" means the area within the geographic limits of the Township of
Mapleton; and
"wind turbine" means any wind energy system, comprising one or more turbines,
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 Township of Mapleton or any
successor thereof passed pursuant to Section 34 of the Planning Act, S.O. 1998.
2. Designation of Services
2.1. The categories of services for which development charges are imposed under
this By-law are as follows:
(a) Services Related to a Highway
(b) Fire Protection Services
(c) Parks and Recreation Services
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(d) Development-Related Studies
(e) Water Services
(f) Wastewater Services.
2.2 |The components of the services 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 area described in Section 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 Section 3.3, this By-law applies to all lands in the Township of
Mapleton whether or not the land or use thereof is exempt from taxation under
s.13 of the Assessment Act.
3.3. 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 Township or a local board thereof;
(6) | aboard of education as defined in Section 1(1) of the Education Act;
(c) the Corporation of the County of Wellington or any local board thereof;
(d) Affordable housing as defined by subsection 4.1 (1) of the Act;
(e) | Attainable housing as defined by subsection 4.1 (1) of the Act; and;
(f) Non-profit housing as defined by subsection 4.2 (1) of the Act.
Approvals for Development
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:
(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) aconsent 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 Acct in relation to a
building or structure.
(b) No more than one development charge for each service designated in
Section 2.1 shall be imposed upon any lands, buildings or structures to
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Development Charges
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 different 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, development charges shall not be
imposed with respect to:
(a) No Development charge shall be imposed when an existing Dwelling Unit
is enlarged;
(6) Notwithstanding the provisions of this By-law, no development charge
shall be imposed for the intensification of existing rental residential
buildings, or the creation of additional dwelling units in new or existing
residential buildings pursuant to sections 2(3), 2(3.1), 2(3.2) and 2(3.2) of
the Act; and
(c) Development charges payable for Rental Housing Developments, where
all of the Dwelling Units are intended to be used as rented residential
premises, shall be reduced based on the number of bedrooms in each
Dwelling Unit as follows:
(i) 3 0rmore bedrooms -- 25% reduction;
(ii) | 2 bedrooms -- 20% reduction; and
(iii) All other quantities of bedrooms -- 15% reduction.
3.6 Notwithstanding subsection 3.5(b), development charges shall be imposed if the
total gross floor area of the additional one or two units exceeds the gross floor
area of the existing dwelling unit.
3.7. Notwithstanding Section 3.5, development charges shall be imposed if the
additional unit has a gross floor area greater than
(a) in the case of a semi-detached or row dwelling, the gross floor area of the
existing dwelling unit; and
(b) in the case of any other residential building, the gross floor area of the
smallest dwelling unit contained in the residential building.
3.8 | 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;
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(ii) divide the amount determined under subsection 3.8(a)(i) by the
amount of the enlargement.
3.9 For the purpose of Section 3.8 herein, "existing industrial building" is used as
defined in the Regulation made pursuant to the Act.
3.10 Other Exemptions:
Notwithstanding the provision of this By-law, development charges shall not be
imposed with respect to:
(a) | An accessory use;
(b) | A bona-fide farm use;
(c) A place of worship;
(d) | Temporary erection of a building without foundation as defined in the
Building Code for a period not exceeding six consecutive months and not
more than six months in any one calendar year on a site which
development charges or lot levies have previously been paid;
(e) Redevelopment of a property, meeting the requirements of section 3.14
with a current use that is exempt from development charges, to a use
subject to development charges, receives a redevelopment credit equal to
the product of the non-residential rate, for all applicable services, and the
square footage of the building, or portion of building, being redeveloped;
(f) The creation of a second dwelling unit in prescribed classes of proposed
new residential buildings, including structures ancillary to dwellings,
subject to the following restrictions:
e | Name of Class 0 Description of Class of Proposed Restrictions
m Proposed New New Residential Buildings
Residential
Buildings
Proposed new Proposed new residential buildings e proposed new detached
detached that would not be attached to other | dwelling must only contain two
dwellings buildings and that are permitted to |dwelling units.
contain a second dwelling unit, that
being either of the two dwelling The proposed new detached
units, if the units have the same dwelling must be located on a
gross floor area, or the smaller of |parcel of land on which no .
e dwelling units. other detached dwelling, semi-
detached dwelling or row
dwelling would be located.
Proposed new Proposed new residential buildings € proposed new semi-
semi-detached that would have one or two vertical | detached dwelling or row
dwellings or row __|walls, but no other parts, attached | dwelling must only contain two
dwellings to other buildings and that are dwelling units.
permitted to contain a second ;
dwelling unit, that being either of The proposed new semi-
the two dwelling units, if the units | detached dwelling or row
have the same gross floor area, or |dwelling must be located on a
the smaller of the dwelling units. parcel of land on whichno- .
other detached dwelling, semi-
detached dwelling or row
dwelling would be located.
Proposed new Proposed new residential buildings e proposed new detached
residential that would be ancillarytoa dwelling, semi-detached
buildings that, proposed new detached dwelling, dwelling or row dwelling, to
would be ancillary |semi-detached dwelling, or row which the proposed new
to a proposed new |dwelling and that are permitted to | residential building would be
detached dwelling, | contain a single dwelling unit. ancillary, must only contain one
semi-detached dwelling unit.
dwelling, or row
dwelling The gross floor area of the
dwelling, unit in the proposed
new residential building must
be equal to or less than the
gross floor area of the .
etached dwelling, semi-
detached dwelling or row
dwelling to which the proposed
new residential building is
ancillary.
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Development Charges
Amount of Charges
Residential
3.11. The development charges set out in Schedule B 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, 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
3.12 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.
Wind Turbines and Telecommunication Towers
3.13 The development charges described in Schedule B to this By-law shall be
imposed on wind turbines and telecommunications towers with respect to the
following services: Services Related to a Highway, Fire Protection Services, and
Development-Related Studies. These services will be charged as the SDU per
unit rate for wind turbines and telecommunications towers.
Reduction of Development Charges for Redevelopment
3.14 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 3
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 subsection 3.11 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 3.12, 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
3.15 Development Charges are due and payable in full to the Township on the date
the first building permit is issued for any land, buildings, or structures affected
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by the applicable development charge and a building permit with respect to a
building or structure shall be withheld where the applicable development charge
has not been paid pursuant to Section 28 of the Act.
3.16 Notwithstanding Subsection 3.15, Development Charges for rental housing and
institutional developments are due and payable in 6 installments commencing
with the first installment payable on the date of occupancy, and each
subsequent installment, including interest, payable on the anniversary date
each year thereafter.
3.17 Notwithstanding Subsection 3.15, Development Charges for non-profit housing
developments are due and payable in 21 installments commencing with the first
installment payable on the date of occupancy, and each subsequent
installment, including interest, payable on the anniversary date each year
thereafter.
3.18 Where the development of land results from the approval of a Site Plan or
Zoning Bylaw Amendment application received on or after January 1, 2020, and
the approval of the application occurred within 2 years of building permit
issuance, the Development Charges under Subsections 3.15, 3.16 and 3.17
shall be calculated based on the rates set out in Schedule "B" on the date of the
planning application, including interest. Where both planning applications
apply, Development Charges under Subsections 3.15, 3.16 and 3.17 shall be
calculated based on the rates, including interest, set out in Schedule "B" on the
date of the later planning application, including interest.
3.19 For the purpose of Subsections 3.16, 3.17 and 3.18 herein, "interest" means the
weighted average interest rate on the Township's outstanding debt plus one
percentage point. The weighted average interest rate will be updated on an
annual basis using the following formula:
Total interest payments made during the year
Total debt principal outstanding at the beginning of the year
In cases where no interest payments were made by the Township during the
preceding year, the Township's 10-year borrowing rate will be used instead.
3.20 This shall not be deemed to limit the authority of the Council to enter into an
agreement for payment of the development charges before or after the date of
building permit issuance subject to Section 27 of the Development Charges Act,
1997.
4. Payment of Services
4.1 Despite the payment required under Sections 3.10 to 3.13, 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 relates under this By-law.
5. Indexing
5.1. Development charges imposed pursuant to this By-law shall be adjusted annually
on the first day of January, without amendment to this By-law and in accordance
with the most recent twelve month change in the Statistics Canada Non-
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residential Building Construction Price Index for Toronto (i.e. Statistics Canada.
Table 18-10-0135-01 Building construction price indexes, by type of building.)
6. Schedules
6.1. The following schedules shall form part of this By-law:
Schedule A -- Components of Services Designated in Section 2.1; and
Schedule B -- Schedule of Development Charges.
7. Conflicts
7.1. Where the Township 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 3.4(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 a.m. on July 10, 2024.
10. Date By-law Expires
10.1 This By-law will expire at 12:01 a.m. on July 10, 2034, unless repealed by
Council at an earlier date.
11. Existing By-law Repealed
11.1. By-law 2020-026 is hereby repealed upon the adoption of this By-law.
READ a first, second and third time, and finally passed this Tuesday, July 9, 2024.
Mayor Gregg Davidson
Clerk Larry Wheeler
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By-law Number 2024-033
Development Charges
Schedule "A" To
By-law Number 2024-033
Components of Services Designated in Section 2.1
1. Services Related to a Highway
2. Fire Protection Services
3. Parks and Recreation Services
4. Development-Related Studies
5. Water Services
6. Wastewater Services
Page 12 of 13
TOWNSHIP OF MAPLETON
TOWNSHIP-WIDE DEVELOPMENT CHARGES
DEVELOPMENT CHARGES SCHEDULE B
Residential Charge By Unit Type Non- Non-
. : Residential Residential
Single & Semi . Wind Turbines &
Serica Detached Other Multiples} Apartments Telecommunications ee Gee
Towers a.m. qt.
Fire Protection Services $886
Parks And Recreation $0.00 $0.00
Development-Related Studies $263 $373 $1.09 $0.10
Services Related To A Highway $7,468 $21.97
Township-Wide General Services $15,440 $10,898 $7,721 $9,613 $28.27| --s- $2.62
Water Services $4,716 $3,329 $2,358 $13.87 $1.29
Wastewater Services $14,264 $10,069 $7,131 $41.95 $3.90
Township-Wide Engineered Services $18,980 $13,398 $9,489; ---- $0 $55.82 $5.19
TOTAL DEVELOPMENT CHARGE $34,420 $24,296 $17,210 $9,613 $84.09 $7.81
Indexed by 4.2% based on the Q3 Non-Residential Construction Price Index (NRBCPI)
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