By-law 2025-21, Town of Midland Development Charges By-law

Midland, Ontario · No. 2025-21 · adopted 2025-03-19 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 673a8df38185 · verified 2026-10-22 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

THE CORPORATION OF THE TOWN OF MIDLAND BY-LAW 2025-21 A By-law for the imposition of Development Charges and to repeal By-law 2019-80. WHEREAS subsection 2(1) of the Development Charges Act, 1997, c. 27 (hereinafter called "the Act") provides that the council of a municipality may pass By-laws for the imposition of development charges against land for increased capital costs required because of increased needs for services arising from development in the area to which the by-law applies; AND WHEREAS the Council of The Corporation of the Town of Midland ("Town of Midland") has given Notice in accordance with Section 12 of the Development Charges Act, 1997, of its intention to pass a by-law under Section 2 of the said Act; AND WHEREAS the Council of the Town of Midland has heard all persons who applied to be heard no matter whether in objection to, or in support of, the development charge proposal at a public meeting held on February 26, 2025. AND WHEREAS the Council of the Town of Midland had before it a report entitled 2025 Development Charges Background Study dated January 17, 2025, (the "Study") as amended March 11, 2025, prepared by Watson & Associates Economists Ltd., wherein it is indicated that the development of any land within the Town of Midland will increase the need for services as defined herein; AND WHEREAS copies of the Study were made available on January 17, 2025 and copies of the proposed development charges by-law were made available on January 17, 2025; AND WHEREAS the Council of the Town of Midland on March 19, 2025 approved the Study, as amended, in which certain recommendations were made relating to the establishment of a development charge policy for the Town of Midland pursuant to the Development Charges Act, 1997; AND WHEREAS by resolution adopted by Council of The Corporation of the Town of Midland on March 19, 2025, Council determined that the increase in the need for services attributable to the anticipated development as contemplated in the Study, as amended, including any capital costs, will be met by updating the capital budget and forecast for the Town, where appropriate; AND WHEREAS by resolution adopted by Council on March 19, 2025, Council approved the Study, as amended, and determined that no further public meetings were required under Section 12 of the Act; By-law 2025-21 Page 2 AND WHEREAS by resolution adopted by Council of The Town of Midland on March 19, 2025, Council determined that the future excess capacity identified in the Study, as amended, shall be paid for by the development charges contemplated in the Study, as amended, or other similar charges; AND WHEREAS the Council of the Town of Midland has given consideration of the use of more than one development charge by-law to reflect different needs for services in different areas, also known as area rating or area specific development charges, and has determined that for the services, and associated infrastructure proposed to be funded by development charges under this by-law, that it is fair and reasonable that the charges be calculated on a municipal-wide uniform basis; NOW THEREFORE THE COUNCIL OF THE TOWN OF MIDLAND ENACTS AS FOLLOWS: 1. DEFINITIONS (1) That in this By-law, (a) "Act" means the Development Charges Act, 1997, S.O., 1997, c.27, and all regulations made thereto, as amended or any successor thereof; (b) "apartment" means any dwelling unit within a building containing more than four dwelling units where the units are connected by an interior corridor. Despite the foregoing, an apartment dwelling includes Stacked Townhouse Dwellings and Additional Residential Units as defined in the Town's Zoning By-law; (c) "back-to-back townhouse dwelling" means a building containing four (4) or more Dwelling Units separated vertically by a common wall, including a rear common wall, that does not have a rear yard with amenity area (d) "capital cost" means costs incurred or proposed to be incurred by the Town or a local board thereof, directly or under an agreement: (i) to acquire land or an interest therein, including the capital component of costs to acquire a leasehold interest; By-law 2025-21 Page 3 (ii) to improve land; (iii) to acquire, construct or improve, and the capital component cost to lease, buildings and structures; (iv) to acquire, construct or improve, and the capital component cost to lease, facilities including: 1. rolling stock with an estimated useful life of seven years or more, 2. furniture and equipment, other than computer equipment, and 3. material acquired for circulation, reference or information purposes by a library board as defined in the Public Libraries Act; (v) to undertake studies in connection with and to pay interest on money borrowed to pay for costs of any of the matters referred to in clauses (i) to (iv); (vi) to undertake the development charges background study as required under s.10 of the Act; (e) "Corporation" means The Corporation of the Town of Midland; (f) "Council" means the Council of the Town of Midland; (g) "County" means The County of Simcoe; (h) "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; (i) "development charge(s)" means the charges imposed pursuant to this By-law and in accordance with the Act; By-law 2025-21 Page 4 (j) "development charges background study" means the Development Charges Background Study prepared by Watson & Associates Economists Ltd.; (k) "duplex dwelling" means a building divided horizontally into two (2) dwelling units; (l) "dwelling unit" means one or more habitable rooms that may be used as a permanent residence, having cooking and sanitary facilities. This definition shall not include a motor home or a travel trailer; (m) "industrial use" means the use of land, building or structures for the manufacturing, processing, fabricating or assembly of raw materials or goods, warehousing or bulk storage of goods and related accessory uses; (n) "institutional" means development of a building or structure intended for use: (i) as a long-term care home within the meaning of Subsection 2 (1) of the Long-Term Care Homes Act, 2007; (ii) as a retirement home within the meaning of Subsection 2 (1) of the Retirement Homes Act, 2010. (iii) By any institution of the following post-secondary institutions for the objects of the institution: 1. a university in Ontario that receives direct, regular and ongoing operation funding from the Government of Ontario; 2. a college or university federated or affiliated with a university described in subclause (a); or 3. an Indigenous Institute prescribed for the purposes of section 6 of the Indigenous Institute Act, 2017; (iv) As a memorial home, clubhouse or athletic grounds by an Ontario branch of the Royal Canadian Legion; or By-law 2025-21 Page 5 (v) As a hospice to provide end of life care; (o) "local board" means a local board as defined in the Act; (p) "mixed-use" means land, buildings or structures used or designed or intended for use for a combination of non-residential uses and residential uses; (q) "multiple dwelling" means all dwellings other than single detached dwellings, semi-detached dwellings, and apartment dwellings within the respective meanings ascribed hereto under this By-law; (r) "non-profit housing development" means development of a building or structure intended for use as residential premises by: (i) a corporation to which the Canada Not-for-profit Corporation Act, 2010 applies, that is in good standing under that Act and whose primary objective is to provide housing, (ii) a corporation without share capital wo which the Canada Not-for-profit Corporation Act, 2010 applies, that is in good standing under that Act and whose primary object is to provide housing, or (iii) a non-profit housing co-operative that is in good standing under the Co-operative Corporations Act, 2022; (s) "non-residential total floor area" means the sum total of the total areas of all floors in a building or structure, whether at, above, or below-grade, measured between the exterior faces of the exterior walls of the building or structure or from the centre line of a common wall separating two uses, or from the outside edge of a floor does not meet an exterior or common wall, and: (i) includes the floor area of a mezzanine and air-supported structure and the space occupied by interior wall partitions; (ii) excludes any parts of the building or structure used for the parking and loading of vehicles; and By-law 2025-21 Page 6 (iii) where a building does not have any walls, the gross floor area shall be the sum total of the area of land directly beneath the roof of the building and the total area of all floors in the building or structure. (t) "non-residential use" means lands, buildings or structures or portions thereof used or designed or intended for use for other than residential; (u) "owner" means the owner of land or a person who has made application for approval for the development of land upon which a development charge is imposed; (v) "Planning Act" means the Planning Act, R.S.O. 1990, c.P.13; (w) "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; (x) "residential gross floor area" means the total area of all floors above grade 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 another dwelling unit or portion of a building; (y) "residential use" means lands, buildings or structures used, or designed or intended for use as a residence for one or more individuals, and shall include one or more dwelling units and the residential portion of a mixed-use building or structure; (z) "semi-detached building" means a building divided vertically into two (2) dwelling units by a common wall extending from the base of the foundation to the roof line; (aa) "services" means services described in the development charges background study and designated in Section 2 of this By-law; (bb) "single detached dwelling unit" means a residential building consisting of one Dwelling unit and not attached to another structure; By-law 2025-21 Page 7 (cc) "stacked townhouse" means a building, other than a duplex, townhouse, or back to back townhouse, containing at least 3 dwelling units; each dwelling unit separated from the other vertically and/or horizontally and each dwelling unit having a separate entrance to grade (dd) "total floor area" means the sum total of the total areas of the floors in a building or structure, whether at, above, or below-grade, measured between the exterior faces of the exterior walls of the building or structure or from the centre line of a common wall separating two uses, or from the outside edge of a floor where the outside edge of the floor does not meet an exterior or common wall; (ee) "street townhouse development" means a row of dwelling units which may or may not share common walls but which are attached through a common foundation. Each dwelling unit has a separate entrance at grade; (ff) "Town" means The Corporation of the Town of Midland; (gg) "townhouse" means a dwelling unit in a building containing not less than three and not more than eight dwelling units, where each unit is separated vertically or horizontally, from any other unit in the building, and where each unit has a separate entrance from the outside. DESIGNATION OF SERVICES 2. The categories of services for which development charges are imposed under this By-law are identified in Schedule "A". AREA TO WHICH BY-LAW APPLIES 3. (1) Subject to Subsection 3(2) and 3(3), this By-law applies to all land in the Town. (2) The development charges identified for the provision of: (a) municipal wastewater sewerage services, as identified on Schedule "B" will not be levied against development of land that will not By-law 2025-21 Page 8 receive wastewater services from the Town of Midland, or a local board thereof, at the time of development; and (b) municipal water services, as identified on Schedule "B" will not be levied against development of land that will not receive water services from the Town of Midland, or a local board thereof, at the time of development. (3) The development charges identified on Schedule "C" also apply to the lands designated in the map outlined on Schedule "E". (4) The development charges identified on Schedule "D" also apply to the lands designated in the map outlined on Schedule "F" APPROVALS FOR DEVELOPMENT 4. Development charges shall be imposed on all lands, buildings or structures that are developed for residential uses or non-residential uses if the development requires: (1) the passing of a zoning by-law or an amendment thereto under Section 34 of the Planning Act; (2) the approval of a minor variance under Section 45 of the Planning Act; (3) a conveyance of land to which a by-law passed under Section 50(7) of the Planning Act applies; (4) the approval of a plan of subdivision under Section 51 of the Planning Act; (5) a consent under Section 53 of the Planning Act; (6) the approval of a description under Section 50 of the Condominium Act; or (7) the issuing of a permit under the Building Code Act, 1992, in relation to a building or structure. By-law 2025-21 Page 9 DEVELOPMENT CHARGES AMOUNTS 5. (1) The Development Charges with respect to the use of any land, buildings or structures shall be calculated as follows: (a) in the case of residential development, or the residential portion of a mixed-use development, based upon the number and type of dwelling units; or (b) in the case of non-residential development, or the non-residential portion of a mixed-use development, based upon the total floor area of such development. (2) Residential Use Subject to the provisions of this By-law, the development charges described in Schedule "B", Schedule "C" and Schedule "D", shall be imposed upon residential uses of lands, buildings or structures, including a residential dwelling unit accessory to a non-residential use, in the case of a mixed-use building or structure, upon the residential uses of the mixed- use building or structure upon all lands within the Town. (3) Non-Residential Use Subject to the provisions of this By-law, the development charges described in Schedule "B" and Schedule "D" shall be imposed upon non- residential uses of lands, buildings or structures and, in the case of a mixed-use building or structure, upon the non-residential uses of the mixed-use building or structure upon all lands within the Town. TIMING OF THE CALCULATION AND PAYMENT 6. (1) The development charges shall be calculated as of and shall be payable on the date a building permit is issued in relation to a building or structure on land to which the development charge applies. (2) Notwithstanding subsection (1), 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. By-law 2025-21 Page 10 (3) In the alternative to payment by the means provided in subsections (1) and (2), the Town may, by an agreement entered into with the Owner, accept the provision of services in full or partial satisfaction of the Development Charge otherwise payable provided that: (a) If the Town and the Owner cannot agree as to the reasonable cost of doing the work under sub-section (3), the dispute shall be referred to Council whose decision shall be final and binding. (b) If the credit exceeds the amount of the charge for the service to which the work relates: (i) the excess amount shall not be credited against the charge for any other service, unless the Town has so agreed in an agreement under Section 38 of the Act; and (ii) in no event shall the Town be required to make a cash payment to the credit holder. (4) Nothing in this By-law prevents Council from requiring, as a condition of any approval given under the Planning Act that the Owner, at the Owner's expense, install such local services as Council may require in accordance with the Town's local service policies in effect at the time. 7. Notwithstanding Section 6, 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 in accordance with Section 9, payable on the anniversary date each year thereafter. 8. Notwithstanding Section 6, 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 the prescribed amount of time of building permit issuance, the Development Charges under Section 5, shall be calculated based on the rates set out in Schedules "B", "C" and "D" on the date of the planning application, including interest in accordance with Section 9. Where both planning applications apply, Development Charges under Section 5 shall be calculated on the rates, including By-law 2025-21 Page 11 interest in accordance with Section 9, set out in Schedules "B", "C" and "D" on the date of the later planning application. 9. Interest for the purposes of Sections 7 and 8 shall be determined as set out in the Town Midland's Development Charges Interest Rate Policy as amended from time to time. 10. EXEMPTIONS (1) Notwithstanding Section 3 of this By-law, development charges shall not be imposed with respect to: (a) The enlargement of an existing Dwelling Unit; (b) a second residential Dwelling Unit in an existing or new Single Detached Dwelling, Semi-Detached Dwelling, or Row-Townhouse 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 or new Single Detached Dwelling, Semi- Detached Dwelling, or Row-Townhouse Dwelling cumulatively contain no more than one residential Dwelling Unit; (c) a third residential Dwelling Unit in an existing or new Single Detached Dwelling, Semi-Detached Dwelling, or Row-Townhouse 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 or new Single Detached Dwelling, Semi- Detached Dwelling, or Row-Townhouse Dwelling contains any residential Dwelling Units; (d) one residential Dwelling Unit in a Building or structure ancillary to an existing or new Single Detached Dwelling, Semi-Detached Dwelling, or Row-Townhouse Dwelling on a parcel of land, if the existing or new Single Detached Dwelling, Semi-Detached Dwelling, or Row-Townhouse Dwelling contains no more than two residential Dwelling Units and no other Building or structure ancillary to the existing or new Single Detached Dwelling, Semi- Detached Dwelling, or Row-Townhouse Dwelling contains any residential Dwelling Units; or By-law 2025-21 Page 12 (e) in an existing rental residential Building, which contains four or more residential Dwelling Units, the creation of the greater of one residential Dwelling Unit or one per cent of the existing residential Dwelling Units. (f) all residential use building permits not resulting in the creation of an additional unit; (g) buildings or structures owned and used for the purpose of a municipality or school board, as defined in Subsection 1(1) of the Education Act; (h) every church yard, cemetery or burying ground exempt under the Assessment Act for taxation purposes; (i) buildings or structures used as hospitals governed by the Public Hospitals Act, R.S.O. 1990, c.P.40; (j) buildings or structures owned by and used for the purposes of the Town, the County or their local boards; (k) buildings or structures owned by and used for the purposes of a college of applied arts and technology established pursuant to the Ministry of Colleges and University Act, R.S.O. 1990, c M.19; (l) 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 if the development in respect of which development charges would otherwise be payable is intended to be occupied and used by the university; (m) non-residential use building permits not resulting in the creation of additional gross floor area; or (n) Non-Profit Housing Development; (o) Affordable residential units required pursuant to section 34 and 16(4) of the Planning Act (Inclusionary Zoning); (p) Affordable and attainable residential units as follows: By-law 2025-21 Page 13 i. As of the date on which section 4.1 of the Act is proclaimed into force, affordable residential units that meet the criteria set out in subsection 4.1 (2) or 4.1 (3) of the Act shall be exempt from Development Charges; and ii. As of the date on which subsection 4.1 (4) of the Act is proclaimed into force, attainable residential units that meet the criteria set out in subsection 4.1 (4) of the Act shall be exempt from Development Charges. (2) Discounts for Rental Housing: (a) Three or more bedrooms - 25% reduction; (b) Two bedrooms - 20% reduction; and (c) All other bedroom quantities - 15% reduction. (3) 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; (ii) divide the amount determined under clause (i) by the amount of the enlargement; (c) that for greater certainty in applying the exemption in this section, the gross floor area of an existing industrial building is enlarged where there is a bona fide increase in the size of the existing industrial building, the enlarged area is attached to the existing By-law 2025-21 Page 14 industrial building, there is a direct means of ingress and egress from the existing industrial building to and from the enlarged areas for persons, goods, and equipment, and the existing industrial building and the enlarged area are used for or in connection with an industrial purpose as set out in subsection 1.(m) of this by-law. Without limiting the generality of the foregoing, the exemption in this section shall not apply where the enlarged area is attached to the existing industrial building by means only of a tunnel, bridge, canopy, corridor, or other passageway, or through a shared below- grade connection such as a service tunnel, foundation, footing, or a parking facility. 11. REDEVELOPMENT (1) Notwithstanding any other provision of this By-law, where, as a result of the redevelopment of land, a building or structure existing on the land within 60 months 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, in order to facilitate the redevelopment, the development charges otherwise payable 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 charges under Section 5 of this By-law by the number, according to type of dwelling units that have been or will be demolished; 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 5 of this By-law by the non-residential total floor area that has been or will be demolished, provided that such amounts shall not exceed, in total, the amount of the development charges otherwise payable with respect to the redevelopment. By-law 2025-21 Page 15 12. TRANSITION PROVISIONS (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, pertaining to the payment of development charges, or similar fees for the services and costs being levied for under this By-law, the owner will: (a) pay development charges under this By-law equal to the difference of the amounts calculated under Section 5 less amounts already paid to the Town for the land, subject to the terms, conditions and provisions of the by-laws, policies and agreements in existence at the date the agreement was introduced; or (b) notwithstanding Subsection 14(a), if the previous payment was the result of a Committee of Adjustment Decision, no additional development charges will apply, subject to the terms, conditions and provisions of this By-law and any other policies and agreements related to the subject lands. 13. COLLECTION OF UNPAID DEVELOPMENT CHARGES (1) If a development charge, or any part thereof, imposed by the Town remains unpaid after the due date, the amount unpaid shall be added to the tax roll of the Town for the subject property and shall be collected as taxes. (2) If any unpaid development charge is collected as taxes in accordance with Section 12 (1), the monies so collected shall be credited to the appropriate development charge reserve fund. 14. INDEXING (1) Development charges imposed pursuant to this By-law shall be adjusted annually without amendment to this By-law, commencing January 1, 2026, and on January 1 of each year thereafter, in accordance with the most recently available Statistics Canada Quarterly, Construction Price Statistics. By-law 2025-21 Page 16 15. SCHEDULES (1) The following schedules to this By-law form an integral part thereof: Schedule "A" Designated Services under this By-Law Schedule "B" Residential and Non-Residential Development Charges (Town-Wide) Schedule "C" Area Specific Residential Development Charges (Tiffin by the Bay) Schedule "D" Area Specific Residential and Non-Residential Development Charges (Balm Beach Road) Schedule "E" Map of Area to which Area Specific Development Charges apply (Tiffin by the Bay) Schedule "F" Map of Area to which Area Specific Development Charges apply (Balm Beach Road) 16. DATE BY-LAW IN FORCE (1) This By-law shall come into force and take effect on March 20, 2025. (2) By-law 2019-80 is hereby repealed on the date this By-law comes into force. 17. DATE BY-LAW EXPIRES (1) This By-law will expire ten years after the effective date, unless it is repealed by Council at an earlier date. 18. SEVERABILITY (1) In the event any provision, or part thereof, of this By-law is found by a court of competent jurisdiction to be ultra vires, such provision, or part thereof, shall be deemed to be severed, and the remaining portion of such portion and all other provisions of this By-law shall remain in full force and effect. By-law 2025-21 Page 17 19. SHORT TITLE This By-law may be cited as the Town of Midland Development Charges By-law. BY-LAW PASSED AND ENACTED THIS 19TH DAY OF MARCH 2025. THE CORPORATION OF THE TOWN OF MIDLAND ____ BILL GORDON - MAYOR ______ SHERRI EDGAR - CLERK SCHEDULE "A" TO BY-LAW 2025-21 DESIGNATED MUNICIPAL SERVICES UNDER THIS BY-LAW 1. Services Related to a Highway 2. Fire Protection Services 3. Police Services 4. Parks and Recreation Services 5. Library Services 6. Growth-Related Studies 7. Water Services 8. Wastewater Services DESIGNATED MUNICIPAL SERVICES RESPECTING AREA-SPECIFIC CHARGES UNDER THIS BY-LAW 1. Roads & Related (Tiffin by the Bay) 2. Water & Wastewater (Balm Beach Road) SCHEDULE "B" TO BY-LAW 2025-21 RESIDENTIAL & NON-RESIDENTIAL DEVELOPMENT CHARGES (TOWN-WIDE) SCHEDULE "C" TO BY-LAW 2025-21 AREA SPECIFIC RESIDENTIAL DEVELOPMENT CHARGES (TIFFIN BY THE BAY) NON-RESIDENTIAL Single and Semi- Detached Dwelling Other Multiples Apartments - 2 Bedrooms + Apartments - Bachelor and 1 Bedroom (per sq.m. of Gross Floor Area) Tiffin by the Bay Area Specific Services Services Related to a Highway 2,495 2,463 1,941 1,277 0.00 Tiffin by the Bay Area Specific Services 2,495 2,463 1,941 1,277 0.00 RESIDENTIAL Service/Class of Service SCHEDULE "D" TO BY-LAW 2025-21 AREA SPECIFIC RESIDENTIAL & NON-RESIDENTIAL DEVELOPMENT CHARGES (BALM BEACH ROAD) SCHEDULE "E" TO BY-LAW 2025-21 MAP OF AREA TO WHICH AREA SPECIFIC DEVELOPMENT CHARGES APPLY (TIFFIN BY THE BAY) SCHEDULE "F" TO BY-LAW 2025-21 MAP OF AREA TO WHICH AREA SPECIFIC DEVELOPMENT CHARGES APPLY (BALM BEACH ROAD)