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The Corporation of the Township of Mulmur
By-law No. 22 - 2024
Being a by-law to establish development charges for the Corporation of the
Township of Mulmur
Whereas the Township of Mulmur will experience growth through development and
redevelopment;
And whereas development and redevelopment require the provision of physical and social
services by the Township of Mulmur;
And whereas the Corporation of the Township of Mulmur has determined that the development
of lands within the Township will increase the need for municipal services and Council has
confirmed its intent to provide the said services;
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 Mulmur or its existing taxpayers while at the same time ensuring new taxpayers
contribute no more than the net capital cost attributable to providing the current level of municipal
services;
And whereas the Development Charges Act, 1997 (the "Act") provides that the council of a
municipality may by by-law impose development charges against land to pay for increased
capital costs required because of increased needs for services; and
And whereas a development charge background study has been completed in accordance with
the Act and the background study and draft proposed bylaw be made available to the public and
such documents were made available to the public 60 days prior to the passage of the bylaw
and at least two (2) weeks prior to the public meeting required pursuant to Section 12 of the Act;
And whereas the "2024 Development Charge Background Study" dated April 16, 2024 prepared
by Watson and Associates Economists Ltd. was amended by "Addendum to the 2024
Development Charges Background Study", and the proposed revised development charge by-
law was posted to the Township's website on July 2, 2024 in response to legislative and other
minor changes;
And whereas the Council of Township of Mulmur has given notice of and held a public meeting
on the May 1, 2024 in accordance with the Act and the regulations thereto;
And whereas any person who attended the public meeting was afforded an opportunity to make
representations and the public generally were afforded an opportunity to make written
submissions relating to the proposed by-law;
And whereas Council resolved on May 1, 2024 that it is the intention of Council to ensure that
the increase in need for services identified in connection with the enactment of the by-law will be
met;
And whereas Council resolved on May 1, 2024 that no further public meeting be required, and
that this by-law be brought forward for enactment;
And whereas Section 2(1) of the Development Charges Act, 1997 ("Act") enables the Council of
a municipality to pass By-laws to impose development charges against lands located in the
Township to pay for increased capital costs where the development of the land would increase
the need for municipal services as designated in the By-law and the development requires one
or more of the actions set out in Section 2(2) of the Act;
Now therefore be it resolved that the Corporation of the Township of Mulmur hereby
enacts the following:
1.
DEFINITIONS
1.1
"Act" means the Development Charges Act, 1997 as amended from time to time and
includes the Regulations passed under the Act, as amended from time to time;
1.2
In this By-law:
1.2.1
All words and phrases used in this By-law that have not been defined in the Act
shall have the same meaning as those words and phrases in the Act;
1.2.2
Where the Development Charges Act does not specify a definition, the following
definitions shall apply to the extent that they are not in conflict with the definitions
in the Act;
1.3
"Accessory Use" means that the building or structure is naturally and normally incidental
to or subordinate in purpose or both, and exclusively devoted to a principal use, building
or structure;
1.4
"Affordable Residential Unit" means a Residential Unit that meets the criteria set out in
subsection 4.1 of the Act;
1.5
"Agricultural Use" means the growing of crops, including nursery, biomass, and
horticulture crops; raising of livestock; raising of other animals for food, fur, or fibre,
including poultry and fish; aquaculture; apiaries; agro-forestry, maple syrup production;
and associated on-farm buildings and structures, including but not limited to livestock
facilities and manure storages, but excluding:
1.5.1
A Residential Use;
1.5.2
On-farm Diversified Uses;
1.5.3
Cannabis Facilities; and
1.5.4
A Greenhouse.
1.6
"Ancillary Residential Use" means a Residential Dwelling that would be ancillary to a
Single Detached Dwelling, Semi-Detached Dwelling, or Row dwelling;
1.7
"Apartment Dwelling" means a building containing three (3) or more dwelling units which
have a common entrance from the street level, and the occupants of which have the right
to use common elements, and includes Stacked Townhouses;
1.8
"Attainable Residential Unit" means a residential unit that meets the criteria set out in
subsection 4.1 of the Act;
1.9
"Back-to-Back Townhouse Dwelling" means a building containing three (3) or more
dwelling units separated vertically by a common wall, including a rear common wall, that
do not have rear yards;
1.10
"Bedroom" means any room used or designed or intended for use as sleeping quarters
including but not limited to, a den, a study, a family room, or other similar use;
1.11
"Board Of Education" means a board of education, public school board, secondary
school board, Separate school board or Public-school board;
1.12
"Building" Or "Structure" means a structure occupying an area greater that 10 square
metres consisting of walls and a roof or a structural system serving the same purpose
as defined in the Building Code and including carports and cloth, plastic or vinyl materials
supported by structural frames but does not include awnings or an exterior storage tank;
1.13
"Building Code Act" means the Building Code Act, S.O. 1992, chapter 23, as amended
and all Regulations thereto including the Ontario Building Code, 1997, as amended;
1.14
"Building Permit" means a Permit issued in accordance with the Building Code Act;
1.15
"Cannabis" means:
1.15.1 A Cannabis plant;
1.15.2 Any part of a cannabis plant, including the phytocannabinoids produced by, or
found in, such a plant, regardless of whether that part has been processed or
not;
1.15.3 Any substance or mixture of substances that contains or has on it any part of
such a plant; and
1.15.4 Any substance that is identical to any phytocannabinoid produce by, or found in,
such a plant, regardless of how the substance was obtained.
1.16
"Cannabis Plant" means a plant that belongs to the genus "Cannabis;"
1.17
"Cannabis Facilities" means a Building, or part thereof, designed, used, or intended to
be used for one or more of the following: cultivation, growing, propagation, production,
processing, harvesting, testing, alteration, destruction, storage, packaging, shipment, or
distribution of Cannabis where a licence, permit, or authorization has been issued under
applicable federal law but does not include a building or part thereof solely designed,
used, or intended to be used for retail sales of Cannabis;
1.18
"Capital Cost" shall mean costs incurred or proposed to be incurred by a municipality or
local board thereof directly or under an agreement,
1.18.1 to acquire land or an interest in land, including a leasehold interest;
1.18.2 to improve land;
1.18.3 to acquire, construct or improve building and structures;
1.18.4 to acquire, construct or improve facilities including:
1.18.4.1 rolling stock with estimated useful life of seven years or more,
1.18.4.2 furniture and equipment other than computer equipment; and
1.18.4.3 material acquired for circulation, reference or information purposes by
a library board as defined in The Public Libraries Act, R.S.O. 1990, as
amended;
1.18.5 to undertake studies in connection with any matter under the Act and any of the
matters in clauses (1.18.1) to (1.18.4) above, including the development charge
background study 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 (1.18.1) to (1.18.4) above that are growth-related;
and
1.18.6 interest on borrowing for those expenditures under clauses 1.18.1, through
1.18.5, that are growth related;
1.19
"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, boarding, lodging and rooming houses;
1.20
"Council" means the Council of the Corporation of the Township of Mulmur;
1.21
"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 Total Floor Area, and includes Redevelopment;
1.22
"Development Charge" means a charge imposed pursuant to this By-law;
1.23
"Duplex" means a building that is divided horizontally into two dwelling units each of
which has an independent entrance either directly or through a common vestibule;
1.24
"Dwelling Unit" means a combination of rooms where generally a kitchen, living quarter
and sanitary conveniences are provided for habitation for the exclusive use of the
occupants and with a private entrance from outside the building or from a common
hallway or stairway inside. It may include a modular home constructed in accordance
with the Building Code and C.S.A. A-277 Regulations. Any "dwelling" and "additional
second dwellings" as defined by the Township of Mulmur Comprehensive Zoning By-
Law 28-18, as amended, or replaced, shall also be considered a "dwelling unit" under
this By-law;
1.25
"Education Act' means the Education Act, R.S.O. 1990, c. E.2, as amended or any
successor thereto;
1.26
"Existing Industrial" means an Industrial Building or structure existing on a site as of the
date this by-laws comes into effect, or the first building or structures constructed on a
vacant site pursuant to site plan approval under section 41 of the Planning Act, R.S.O.
1990, c. P. 13, as amended, or any successor thereof, subsequent to this by-law, for
which full development charges were paid;
1.27
"Greenhouse" means the use of a building or structure for the growing of such items as
flowers, bushes, shrubs, trees, plants, fruits, vegetables, and other types of nursery stock
for wholesale or retail purposes. Such use may also include the retail sale of greenhouse
products customarily, incidental, subordinate, and exclusively, devoted to the principal
use, located on the same let therein. A retail space accessory to a greenhouse shall
have a maximum retail floor area of 75 square metres;
1.28
"Gross Floor Area" means the total floor area, as hereinafter defined, exclusive of any
portion of the building or structure above and below finished grade measured between
the exterior faces of the exterior walls which is used for heating, the storage of goods or
personal effects, laundry facilities, recreational areas, the storage or parking of motor
vehicles, exclusive of any private garage, carport, basement, walkout basement, cellar,
porch, verandah or sunroom unless such sunroom is habitable during all seasons of the
year;
1.29
"Hospice" means a building or portion of a mixed-use building designed and intended to
provide palliative care and emotional support to the terminally ill in a home or homelike
setting so that quality of life is maintained, and family members may be active
participants in care;
1.30
"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 or self-storage facilities;
1.31
"Institutional" means development of a building or structure intended for use:
1.31.1 as a long-term care home within the meaning of subsection 2 (1) of the Fixing
Long-Term Care Homes Act, 2021;
1.31.2 as a retirement home within the meaning of subsection 2 (1) of the Retirement
Homes Act, 2010;
1.31.3 by any institution of the following post-secondary institutions for the objects of
the institution:
1.31.3.1 a university in Ontario that receives direct, regular, and ongoing
operation funding from the Government of Ontario;
1.31.3.2 a college or university federated or affiliated with a university described
in subclause (i); or
1.31.3.3 an Indigenous Institute prescribed for the purposes of section 6 of the
Indigenous Institute Act, 2017;
1.31.4 as a memorial home, clubhouse, or athletic grounds by an Ontario branch of the
Royal Canadian Legion; or
1.31.5 as a hospice to provide end of life care.
1.32
"Live-work Unit" means a Building, or part of thereof, which contains, or is intended to
contain, both a Dwelling Unit and non-residential unit and which is intended for both
Residential Use and Non-residential Use concurrently, and shares a common wall or
floor with or without direct access between the residential and non-residential uses;
1.33
"Long-term Care Home" means a residential building or the residential portion of a
mixed-use building within the meaning of subsection 2 (1) of the Fixing Long-Term Care
Homes Act, 2021;
1.34
"Mixed Use Development" means a building that is used, designed, and/or designated
to be used for both residential and non-residential purposes, including, but not limited to
a Live-work Unit;
1.35
"Multi-Unit" means, for the purposes of this By-law, any combination of two (2) or more
dwelling units on a lot which is not defined as a Semi-Detached Dwelling and includes
an Apartment, Townhouse and Duplex as defined herein;
1.36
"Non-profit housing development" means development of a building or structure intended
for use as residential premises by:
1.36.1 a corporation without share capital to which the Corporations Act applies, that is
in good standing under that Act and whose primary objective is to provide
housing;
1.36.2 a corporation without share capital to which the Canada Not-for-profit
Corporation Act applies, that is in good standing under that Act and whose
primary objective is to provide housing; or
1.36.3 a non-profit housing co-operative that is in good standing under the Co-operative
Corporations Act.
1.37
"Non-Residential Uses" means land, buildings, or structures or portions thereof used, or
designed or intended to be used for a use other than for a residential use;
1.38
"Official Plan" means the Official Plan adopted for the Township, as amended and
approved;
1.39
"On-farm Diversified Use" means a use, occurring entirely and exclusively within a
detached building that is secondary and subordinate to the active and principle
agricultural use occurring on a property. Such uses shall be integrated within a farm
cluster of buildings which must include a residential dwelling, and may include, but not
be limited to, uses that produce value added agricultural products or provide a service
that is supportive of regional agri-business;
1.40
"Other Multiples" means all dwellings other than Single-detached, Semi-detached, and
Apartment dwellings, and includes a Duplex, and the portion of a Live-Work Unit,
intended to be used exclusively for living accommodations for one or more individuals;
1.41
"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;
1.42
"Place of worship" means that part of a building or structure used for worship and that is
exempt from taxation as a place of worship under the Assessment Act, R.S.O. 1990, c.
A.31, as amended, and does not include portions of buildings used for any commercial
or institutional uses, including, but not limited to, daycare facilities, private schools, and
entertainment facilities, or for residential purposes;
1.43
"Planning Act" means the Planning Act, R.S.O. 1990, c. P.13, as amended or any
successor thereto;
1.44
"Redevelopment" means the construction, erection or placing of one or more buildings
or structures on land where all or part of a building or structure has previously been
demolished on such land, or changing the use of a building or structure from residential
to non-residential or from non-residential to residential;
1.45
"Regulation" means any regulation made pursuant to the Act;
1.46
"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;
1.47
"Residential Uses" means land, buildings, or structures or portions thereof used,
designed, or intended to be used principally (or primarily) as living accommodation for
one or more individuals;
1.48
"Retirement Home" means a residential building or the residential portion of a mixed-use
building which provides accommodation primarily for retired persons or couples where
each private bedroom or living accommodation has a separate private bathroom and
separate entrance from a common hail but where common facilities for the preparation
and consumption of food are provided, and common lounges, recreation rooms and
medical care facilities may also be provided;
1.49
"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;
1.50
"Row Townhouse" has the same meaning as a Row Dwelling;
1.51
"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 unit are not connected by an
interior corridor;
1.52
"Service" means services designated in this By-law including Schedule "A" to this By-law
or in agreement under Section 44 of the Act, or both;
1.53
"Single Detached Dwelling" means a detached building containing one dwelling unit only;
1.54
"Stacked Townhouse Dwelling" means a Building, or part of a building, containing two or
more dwelling units where each Dwelling Unit is separated horizontally and/or vertically
from another Dwelling Unit by a common wall and having direct separate access to an
exterior ground level main entrance/exit;
1.55
"Temporary Building" or "Structure" means a building or structure constructed or erected
or placed on land for a continuous period not exceeding eight months, or an addition or
alteration to a building or structure that has the effect of increasing the total floor area
thereof for a continuous period not exceeding eight months;
1.56
"Townhouse Dwelling" means a dwelling unit in a building divided vertically into no less
than three nor more than eight dwelling units attached by common walls extended from
the base of the foundation to the roof line, each dwelling unit having a separate entrance
at grade, and includes a Back-to-Back Townhouse;
1.57
"Township" means the Corporation of the Township of Mulmur.
2.
DESIGNATION OF SERVICES AND CLASS OF SERVICES
2.1
The categories of services and class 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
d)
Library Services
e)
Growth-related Studies (Class of Services)
3.
IMPOSITION OF DEVELOPMENT CHARGES
3.1
Development charges shall be imposed on all lands, buildings or structures that are
developed for residential or non-residential uses if the development requires:
3.1.1
the passing of a zoning by-law or of an amendment to a zoning by-law under
section 34 of the Planning Act;
3.1.2
the approval of a minor variance under section 45 of the Planning Act;
3.1.3
a conveyance of land to which a by-law passed under subsection 50 (7) of the
Planning Act applies;
3.1.4
the approval of a plan of subdivision under section 51 of the Planning Act;
3.1.5
a consent under section 53 of the Planning Act;
3.1.6
the approval of a description under section 9 of the Condominium Act, 1998; or
3.1.7
the issuing of a permit under the Building Code Act, 1992 in relation to a building
or structure.
4.
APPLICATION OF THIS BY-LAW
4.1
This By-law shall apply to all lands within the Corporation of the Township of Mulmur.
4.2
Nothing in this By-law prevents the approval authority or Council, as the case may be,
from requiring, as a condition of an agreement under the Planning Act, SS. 51 or 53, that
the owner at his or her own expense shall install or pay for local services as the approval
authority or Council may require.
5.
CALCULATION OF DEVELOPMENT CHARGES - GENERAL
5.1
Development charges shall be calculated in accordance with Schedule "B".
6.
INDEXING OF THE DEVELOPMENT CHARGE
6.1
Development Charges shall be adjusted, without amendment to this By-law, on the first
day of January in each year, beginning with January 1, 2025, in accordance with the
then most recent Statistics Canada Quarterly, Construction Price Index (Toronto).
7.
CALCULATION OF DEVELOPMENT CHARGES - RESIDENTIAL
7.1
The residential 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, and the residential portion for a
Live-Work unit, according to the type of residential unit, and calculated with respect to
the service according to the type of residential use.
7.2
Notwithstanding Section 7.1, no Development Charges are payable in the following
cases:
7.2.1
an enlargement to an existing dwelling unit;
7.2.2
A second residential unit in an existing detached house, semi-detached house,
or rowhouse on a parcel of land on which residential use, other than ancillary
residential use, is permitted, if all buildings and structures ancillary to the existing
detached house, semi-detached house or rowhouse cumulatively contain no
more than one residential unit;
7.2.3
A third residential unit in an existing detached house, semi-detached house, or
rowhouse on a parcel of land on which residential use, other than ancillary
residential use, is permitted, if no building or structure ancillary to the existing
detached house, semi-detached house or rowhouse contains any residential
units;
7.2.4
One residential unit in a building or structure ancillary to an existing detached
house, semi-detached house or rowhouse on a parcel of land, if the existing
detached house, semi-detached house or rowhouse contains no more than two
residential units and no other building or structure ancillary to the existing
detached house, semi-detached house or rowhouse contains any residential
units;
7.2.5
A second residential unit in a new detached house, semi-detached house or
rowhouse on a parcel of land on which residential use, other than ancillary
residential use, is permitted, if all buildings and structures ancillary to the new
detached house, semi-detached house or rowhouse cumulatively will contain no
more than one residential unit;
7.2.6
A third residential unit in a new detached house, semi-detached house or
rowhouse on a parcel of land on which residential use, other than ancillary
residential use, is permitted, if no building or structure ancillary to the new
detached house, semi-detached house or rowhouse contains any residential
units;
7.2.7
One residential unit in a building or structure ancillary to a new detached house,
semi-detached house or rowhouse on a parcel of land, if the new detached
house, semi-detached house or rowhouse contains no more than two residential
units and no other building or structure ancillary to the new detached house,
semi-detached house or rowhouse contains any residential units; or
7.2.8
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
percent of the existing residential Dwelling Units.
8.
DISCOUNTS FOR RENTAL HOUSING
8.1
The Development Charge payable for Rental Housing developments will be reduced
based on the number of bedrooms in each unit as follows:
8.1.1
Three or more bedrooms - 25% reduction;
8.1.2
Two bedrooms - 20% reduction; and
8.1.3
All other bedroom quantities - 15% reduction.
9.
OTHER EXEMPTIONS
9.1
Once proclaimed, the following shall be exempt from payment of the Development
Charges:
9.1.1
Affordable residential units;
9.1.2
Attainable residential units;
9.1.3
Affordable residential inclusionary zoning units; and
9.1.4
Non-profit housing units.
10.
CALCULATION OF DEVELOPMENT CHARGES - NON-RESIDENTIAL
10.1
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 portion for a Live-Work unit, and calculated with respect to
the service according to the total floor area of the non-residential use.
11.
EXEMPT BUILDINGS
11.1
Non-residential buildings used accessory to an agricultural operation shall be exempt
from the development charge.
11.2
Notwithstanding the provisions of this By-law, development charges shall not be imposed
on an Agricultural Use, including barns, silos, or other storage facilities for produce,
livestock, or machinery and equipment used in connection with an existing Agricultural
Use, and other ancillary development to an Agricultural Use, but excluding a Residential
Dwelling, an On-farm Diversified Use or a Cannabis Production Facility.
11.3
Buildings owned and used by the Township, County of Dufferin, or any Board of
Education used for school purposes shall be exempt from the Development Charge.
11.4
Temporary buildings where the owner has completed an agreement with the Township
specifying the owner's obligation to remove the building.
11.5
Places of Worship for religious uses, excluding those lands contained within the
Township's employment lands as defined in the Township's Official Plan, that are exempt
from Provincial taxes pursuant to the Provincial Land Tax RSO 1990, cP32 as amended,
shall be exempt from the Development Charge.
11.6
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 is intended to be occupied and used by the university, shall be exempt from
the Development Charge.
11.7
Industrial Development:
11.7.1 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;
11.7.2 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:
11.7.2.1
notwithstanding section 11.7.2, if the Gross Floor Area is enlarged by
more than 50 percent (50%), development charges shall be payable
and collected and the amount payable shall be calculated in
accordance with s.4(3) of the Act.
11.7.2.2
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 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 1.1 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.
11.7.2.3
in particular, for the purposes of applying this exemption, the industrial
building is considered existing if it is built, occupied, and assessed for
property taxation at the time of the application respecting the
enlargement.
11.7.2.4
the exemption of an Existing Industrial building provided by this
section shall be applied to a maximum of fifty percent (50%) of the
gross floor area that was existing as of the effective date of this by-
law, or based on the first building or structures constructed on a
vacant site pursuant to site plan approval under section 41 of the
Planning Act, R.S.O. 1990, c. P. 13, as amended, or any successor
thereof, subsequent to the effective date of this by-law, for which full
development charges were paid.
12.
REDEVELOPMENT
12.1
In accordance with Subsections 7, 8, & 10 where there is a redevelopment, conversion,
demolition or change of use of a building or structure or part thereof, the development
charges payable by the new or proposed development shall be credited by the amount
to which the previous use of the building or structure was subject to development charges
at the time this By-law was passed.
12.2
A credit shall not be warranted where a building, structure, or part thereof was
demolished, and no building permit has been issued within 2 years from the date of
issuance of the demolition permit.
12.3
The credit with respect to a redevelopment, conversion, demolition, or change of use of
a building or structure or part thereof shall not exceed the amount of the development
charges payable with respect to new or proposed development.
12.4
No credit shall be given with respect to the redevelopment, conversions, demolition, or
change of use of a building, or structure or part thereof where the existing building or
structure or part thereof would have been exempt from development charges in
accordance with this By-law.
12.5
Where a non-residential building and associated use is proposed to be relocated to a
different lot and the existing building demolished, the new building shall be credited in
accordance with Subsections 12.1, 12.2, 12.3, & 12.4. If the relocation of the non-
residential building and use results in an increased demand on services, the increase in
demand for services shall be payable in accordance with the provisions of this By-law.
If in the future, redevelopment of the demolished site is proposed, the new proposed
development of the site shall be subject to the full Development Charge as the service
capacity associated with the demolished site has effectively been transferred.
12.6
No credit shall be given with respect to the demolition of derelict buildings as determined
by the Chief Building Official of the Township.
13.
PAYMENT OF DEVELOPMENT CHARGES
13.1
Except as otherwise provided in this By-law, Development Charges shall be calculated
and payable in full in cash or certified cheque in Canadian funds or by credits granted by
the Act, on the date that the first building permit is issued.
13.2
Except as otherwise provided in this By-law, a building permit shall not be issued until
the development charge has been paid in full.
13.3
Development charges for rental housing and institutional developments are due and
payable in 6 equal 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.
13.4
Notwithstanding subsections 13.1 through 13.3, where the development of land results
from the approval of a Site Plan or Zoning By-law Amendment received and approved
between January 1, 2020, and June 5, 2024, and the approval of the application occurred
within 2 years of building permit issuance, the Development Charges under sections 7
and 10 shall be calculated based on the rates set out in Schedule "B" on the date the
planning application was made. Where both planning applications apply, development
charges under sections 7 and 10 shall be calculated on the rates set out in Schedule "B",
on the date of the latter planning application, including interest at the prescribed rate.
13.5
Notwithstanding subsections 13.1 through 13.3, 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, where the approval of the application occurred on or after June 6, 2024,
and the approval of the application occurred within 18 months of building permit
issuance, the Development Charges under section 7 and 10 shall be calculated based
on the rates set out in Schedule "B" on the date of the planning application, including
interest at the prescribed rate. Where both planning applications apply, development
charges under sections 7 and 10 shall be calculated on the rates set out in Schedule "B",
on the date of the latter planning application, including interest, including interest at the
prescribed rate
13.6
Interest for the purposes of subsections 13.3, 13.4 & 1.5, shall be determined as
prescribed in the Development Charges Act, as amended from time to time.
14.
WRITTEN AGREEMENTS WITH THE TOWNSHIP
14.1
Pursuant to the provisions of the Act, Council may enter into written agreements in regard
to all matters authorized by the Act and general law.
14.2
The applicable provisions of this By-law may be varied in individual instances by the
written agreements, as permitted by the Act.
14.3
Agreements may give credit to the owner equal to the reasonable cost of providing
services in addition to, or of a greater size or capacity, than would be required under this
By-law. The credit shall not exceed the service standard used in the calculation of the
development charge, and no credit shall be charged to any development charges
reserve fund prescribed in this By-law or exceed the proportion of the development
charge related to that service, payable by the owner to the Township.
14.4
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.
14.5
Front-ending agreements entered into under the provisions of s. 44 of the Act shall be
deemed to be agreements under this section.
14.6
This By-law shall prevail over any previous agreements between a property owner and
the Township with respect to the payment of impost fees, lot levies or Development
Charges. However, where fees or charges have been paid for services included in this
By-law pursuant to an agreement that was registered on the title of the lands prior to the
passing of this By-law, the Township shall apply that fee as a credit against the applicable
Development Charge.
15.
ADMINISTRATION
15.1
A certified copy of this By-law may be registered on title to any land to which the By-law
applies.
15.2
This By-law shall be administered by the Treasurer of the Township.
16.
RESERVE FUNDS
16.1 Monies received from payment of Development Charges shall be maintained in a
separate reserve fund, and shall be used only to meet the growth-related net capital
costs for which the Development Charge was levied under this By-law.
16.2 Where any Development Charge, or part thereof, remains unpaid after the due date,
the unpaid amount shall be added to the tax roll and shall be collected as taxes. Where
any unpaid Development Charges are collected as taxes, the monies so collected shall
be credited to the development charge reserve fund.
16.3 The Treasurer of the Township shall, in each year, furnish to Council, a statement in
respect of the reserve fund established hereunder for the prior year and then post the
statement to the Township's website.
17.
REFUNDS
17.1
Where this By-law or any Development Charge prescribed hereunder is amended or
repealed either by order of the Ontario Land Tribunal or by Council, the Township shall
forthwith pay the appropriate refund, calculated in accordance with the Act and
Regulations passed under the Act.
18.
SCHEDULES
18.1
The following schedules to this By-law form an integral part of this By-law;
Schedule "A" - Designated Municipal Service and Class of Services under this by-law;
Schedule "B" - Schedule of Development Charges.
19.
GENERAL
19.1
This By-law comes into full force and effect upon the final passing thereof.
19.2
Unless repealed earlier, or unless the term of the By-law is extended by legislation, this
By-law expires ten years from the day it comes into force.
19.3
Where in this By-law the context so requires, words in the singular include the plural and
words in the plural include the singular, and words importing the masculine gender
include feminine and neuter gender.
19.4
Any portion of this By-law found to be invalid shall be severed, and the balance of the
By-law shall be deemed to be valid and enforceable and shall be construed without
reference to the invalid portions.
20.
REPEAL
20.1
By-law 30-2019 and any amendments thereto is hereby repealed upon the coming into
full force and effect of this by-law.
21.
DATE BY-LAW IN FORCE
21.1
The By-law shall come into full force and effect on July 3, 2024.
22.
DATE BY-LAW EXPIRES
22.1
This By-law will expire on July 3, 2034, unless it is repealed by Council at an earlier date.
FINALLY PASSED AND ENACTED THIS 3rd day of July 2024
Janet Horner
Roseann Knechtel
....................................
.................................
Janet Horner, Mayor
Roseann Knechtel, Clerk
SCHEDULE "A" TO BY-LAW 22-2024
DESIGNATED MUNICIPAL SERVICES AND CLASS OF SERVICES
UNDER THIS BY-LAW
Township-Wide Services
1. Services Related to a Highway
2. Fire Protection Services
3. Parks and Recreation Services
4. Library Services
Township-Wide Class of Services
1. Growth-Related Studies
SCHEDULE "B" TO BY-LAW 22-2024
SCHEDULE OF DEVELOPMENT CHARGES
NON-RESIDENTIAL
Single and
Semi-Detached
Dwelling
Other Multiples
Apartments - 2
Bedrooms +
Apartments -
Bachelor and 1
Bedroom
(per sq.ft. of Gross
Floor Area)
Township-Wide Services:
Services Related to a Highway
3,052
3,020
2,265
1,126
1.37
Fire Protection Services
1,411
1,397
1,047
521
0.64
Parks and Recreation Services
10,880
10,767
8,074
4,013
1.17
Library Services
232
230
172
86
0.03
Township-Wide Class of Services:
Growth-Related Studies
4,283
4,238
3,178
1,580
0.99
Total Township-Wide Services/Class of Services
$19,858
$19,652
$14,736
$7,326
$4.20
RESIDENTIAL
Services/Class of Services