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Watson & Associates Economists Ltd.
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Appendix G
Proposed D.C. By-law
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The Corporation of the Municipality of North Middlesex
By-law 041 of 2022 (As Amended by 014 of 2024, 058 of 2024 and 067 of 2026)
Being a By-law for the Imposition of Development Charges
WHEREAS the Municipality of North Middlesex will experience growth through
development and re-development;
AND WHEREAS development and re-development require the provision of physical
and social services by the Municipality of North Middlesex;
AND WHEREAS Council desires to ensure that the capital cost of meeting growth-
related demands for, or burdens on, municipal services does not place an excessive
financial burden on the Municipality of North Middlesex 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 subsection 2(1) of the Development Charges Act, 1997 c. 27, as
amended (hereinafter called "the Act") provides that the council of a municipality may
pass By-laws for the imposition of development charges against land for increased
capital costs required because of the need for services arising from development in the
area to which the by-law applies;
AND WHEREAS the Council of The Corporation of the Municipality of North Middlesex
has given Notice on --, 2022 according to section 12 of the Development Charges Act,
1997 as amended, of its intention to pass a by-law under section 2 of the said Act;
AND WHEREAS the Council of the Municipality of North Middlesex 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 April 6, 2022;
AND WHEREAS the Council of the Municipality of North Middlesex had before it a
report entitled 2022 Development Charge Background Study dated February 18, 2022
prepared by Watson & Associates Economists Ltd., wherein it is indicated that the
development of any land within the Municipality will increase the need for services as
defined herein;
AND WHEREAS the Council of the Municipality of North Middlesex on April 6, 2022,
approved the applicable Development Charge Background Study, as amended (if
applicable) inclusive of the capital forecast therein, in which certain recommendations
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were made relating to the establishment of a development charge policy for the
Municipality of North Middlesex pursuant to the Development Charges Act, 1997, as
amended;
AND WHEREAS the Council of the Municipality of North Middlesex on April 6, 2022
determined that no additional public meeting was required to be held as part of the
approval process.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF NORTH MIDDLESEX ENACTS AS FOLLOWS:
1.
Interpretation
1.1
In this by-law, the following items shall have 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, 1997, c.27, as amended;
"administration service" means any and all development-related studies carried
out by the municipality which are with respect to eligible services for which a
development charge by-law may be imposed under the Development Charges
Act, 1997, as amended;
"Affordable residential unit" means a residential unity that meets the criteria set
out in Subsection 4.1(2) or 4.1(3) of the Act;
"agreement" shall mean a contract between the municipality and an owner of
land and any amendment thereto;
"Agricultural Use" means the cultivation of land, the production of crops and the
selling of such product on the premises, and the breeding and care of livestock
and the selling of such livestock or the product of such livestock raised on the
premises, and without limiting the generality of the foregoing includes aviaries,
apiaries, fish farming, animal husbandry, and the raising and harvesting of field,
bush, or tree crops, market gardening, nurseries and greenhouses. However,
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"agricultural use" does not include facilities for the permanent or temporary
housing of persons employed on the lot;
"ancillary residential building" means a residential building or structure that would
be ancillary to a detached dwelling, semi-detached dwelling, or row dwelling and
includes an accessory dwelling;
"apartment unit" means any residential unit within a building containing four 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 and is not a special care/special dwelling unit;
"attainable residential unit" means a residential unit that meets the criteria set out
in subsection 4.1(4) of the Act;
"bedroom" means a habitable room which can be used as sleeping quarters, but
does not include a bathroom, living room, dining room or kitchen;
"benefiting area" means an area defined by map, plan, or legal description in a
front-ending agreement as an area that will receive a benefit from the
construction of a service;
"Board of Education" means a board defined in s.s. 1(1) of the Education Act;
"bona fide farm uses" means the proposed development 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, 1992, S.0. 1992, c.23, as
amended;
"cannabis" means:
a. cannabis plant;
b. 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;
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c. any substance or mixture of substances that contains or has on it
any part of such a plant; and
d. any substance that is identical to any phytocannabinoid produced
by, or found in, such a plant, regardless of how the substance was
obtained;
"cannabis plant" means a plant that belongs to the genus Cannabis;
"Cannabis Production Facilities" means a building, or part thereof, designed,
used, or intended to be used for one or more of the following: growing,
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 and does include, but
is not limited to such buildings as a greenhouse and agricultural building
associated with the use. It does not include a building or part thereof solely
designed, used, or intended to be used for retail sales of cannabis;
"capital cost" means costs incurred or proposed to be incurred by the
municipality or a local board thereof directly or by others on behalf of, and as
authorized by, the municipality or local board,
a. to acquire land or an interest in land, including a leasehold interest;
b. to improve land;
c. to acquire, lease, construct or improve buildings and structures;
d. to acquire, lease, construct or improve facilities including,
i. rolling stock with an estimated useful life of seven years or
more,
ii. furniture and equipment, other than computer equipment,
and
iii. materials acquired for circulation, reference or information
purposes by a library board as defined in the Public Libraries
Act, R. 0. 1990, c. 57, and;
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e. to undertake studies in connection with any of the matters referred
to in clauses (a) to (d);
f. to complete the development charge background study under
Section 10 of the Act;
g. interest on money borrowed to pay for costs in (a) to (d);
required for provision of services designated in this by-law within or
outside the municipality.
"charitable dwelling" means a residential building, a part of a residential building
or the residential portion of a mixed-use building maintained and operated by a
corporation approved under the Charitable Institutions Act, R.S.O. 1990, c. C.9,
for persons requiring residential, specialized or group care and charitable
dwelling includes a children's residence under the Child, Youth and Family
Services Act, 2017, S.O. 2017, C. 14, Sched. 1, a psychiatric facility under the
Mental Health Act, R.S.O. 1990, c. M.7, long-term care home under the Long-
Term Care Homes Act, 2007, S.O. 2007, c. 8, c. N.7, and a home for special
care under the Homes for Special Care Act, R.S.O. 1990, c, H.12;
"class" means a grouping of services combined to create a single service for the
purposes of this by-law and as provided in section 7 of the Development Charges
Act;
"commercial" means any use of land, structures or buildings for the purposes of
buying or selling commodities and services, but does not include industrial or
agricultural uses, but does include hotels, motels, motor inns and boarding,
lodging and rooming houses;
"Condominium Act" means the Condominium Act, 1998, S.O. 1998, Chap. c. 19;
"Corporation" means the Corporation of the Municipality of North Middlesex;
"Council" means the Council of the Corporation of the Municipality of North
Middlesex;
"developer'' means a person who undertakes development or redevelopment;
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"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 the effect of increasing the size of usability thereof, and
includes redevelopment;
"development charge" means a charge imposed with respect to this by-law;
"dwelling unit" means any part of a building or structure used, designed or
intended to be used as a domestic establishment in which one or more persons
may sleep and are provided with culinary and sanitary facilities for their exclusive
use;
"exemption" means that no development charge is payable;
"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 that is located
upon land which is assessed and used for farm purposes encompassing barns,
silos and other ancillary development to an agricultural use, but excluding a
residential use;
"floor" does not include a storey;
"floor above ground level" means any floor, the entire area of which is located
below the lowest level at which the land upon which the building or structure
stands abuts any land;
"floor below ground level" means any floor the entire area of which is located
below the lowest level at which the land upon which the building or structure
stands abuts any land;
"Grade" means the average level of finished ground adjoining a building or
structure at all exterior walls;
"Group home" means a residential building or the residential portion of a mixed-
use building containing a single housekeeping unit, supervised on a 24 hour a
day basis on site by agency staff on a shift rotation basis, funded wholly or in part
by any government and licensed, approved or supervised by the Province of
Ontario under a general or special Act and amendments or replacements thereto,
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for the accommodation of not less than 3 and not more than 8 residents,
exclusive of staff;
"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. a part of the building or structure below grade that is used for
the parking of motor vehicles or for storage or other
accessory use;
"hospice" means a building or portion of a mixed-use building designed and
intended to provide palliative care and emotional support to the terminally ill in a
home or homelike setting so that quality of life is maintained, and family
members may be active participants in care;
"industrial" means lands, buildings or structures used or designed or intended for
use for manufacturing, processing, fabricating or assembly of raw goods,
warehousing or bulk storage of goods, and includes office uses and the sale of
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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 and shall not include special
care/special dwelling units;
"institutional development" means development of a building or structure, or
portions thereof, intended for use;
a. as a long-term care home within the meaning of subsection 2 (1) of
the Long-Term Care Homes Act, 2007;
b. as a retirement home within the meaning of subsection 2 (1) of the
Retirement Homes Act, 2010;
c. by any of the following post-secondary institutions for the objects of
the institution:
i. a university in Ontario that receives direct, regular, and
ongoing operating funding from the Government of Ontario,
ii. (ii)
a college or university federated or affiliated with a
university described in subclause (i), or
iii. (iii)
an Indigenous Institute prescribed for the purposes of
section 6 of the Indigenous Institutes Act, 2017;
d. as a memorial home, clubhouse, or athletic grounds by an Ontario
branch of the Royal Canadian Legion; or
e. as a hospice to provide end of life care.
"large industrial" means an industrial use whereby the wastewater volume per
employee exceeds 0.500 cu.m.
"live/work unit" means a unit which contains separate residential and non-
residential areas intended for both residential and non-residential uses
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concurrently, and shares a common wall or floor with direct access between the
residential and non-residential areas;
"lawfully existing" means a building:
a. that is not prohibited by a by-law passed under Section 34 of the
Planning Act, or a predecessor of that section; or
b. that is a legal non-conforming use; or
c. that is allowed by a minor variance authorized under Section 45 of
the Planning Act, or a predecessor of that section;
"Local Board" means a school board, public utility, commission, transportation
commission, public library board, board of park management, local board of
health, board of commissioners of police, planning board, or any other board,
commission, committee, body or local authority established or exercising any
power or authority under any general or special Act with respect to any of the
affairs or purposes, including school purposes, of the Municipality of North
Middlesex or any part or parts thereof;
"local services" means those services, facilities or things which are under the
jurisdiction of the Municipality of North Middlesex and are related to a plan of
subdivision or within the area to which the plan relates in respect of the lands
under Sections 41, 51 or 53 of the Planning Act, R.S.O. 1990, Chap. P.13, as
amended, or any successor thereof;
"lodging home" means a boarding, lodging, or rooming house in which lodging is
provided for more than four persons in return for remuneration or for the
provision of services, or for both, and in which the lodging rooms do not have
both bathrooms and kitchen facilities for the exclusive use of individual
occupants;
"long term home" means homes, nursing homes or homes for the aged where
the Ministry of Health and Long-Term Care funds the care provided in such
homes and applications for accommodation is made through a Community Care
Access Centre;
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"lot" means a parcel of land capable of being conveyed lawfully without any
approval under the Planning Act or successor thereto which meets the minimum
lot area requirements under the Municipality's Zoning By-law;
"mixed-use" means land or buildings used or designed or intended to be used for
a combination of non-residential development and residential development;
"multiple dwellings" means all dwellings other than single-detached, semi-
detached, apartments, and special care/special dwelling units;
"Municipality" means the Corporation of the Municipality of North Middlesex;
"net capital cost" shall mean the capital cost, less capital grants, subsidies, and
other contributions made to the municipality or that the Council anticipates will be
made, including conveyances or payments under Sections 42, 51 and 53 of the
Planning Act, in respect of the capital cost;
"Non-profit housing 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;
b. a corporation without share capital to which the Canada Not-for-
Profit Corporations Act applies, that is in good standing under that
Act and whose primary object is to provide housing; or
c. a non-profit housing co-operative that is in good standing under the
Co-operative Corporations Act, or any successor legislation;
"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;
"Official Plan" means the Official Plan adopted for the Municipality, 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;
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"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;
"Planning Act" means the Planning Act, 1990, R.S.O. 1990, c.P.13, as amended;
"prescribed index" means the price index as prescribed in the Regulation;
"rate" means the interest rate established weekly by the Bank of Canada based
on Treasury Bills having a term of 91 days;
"redevelopment" means the construction, erection or placing of one or more
buildings on land where all or part of a building on such land has been previously
demolished, or changing the use of all or part of a building from a residential
purpose to a non-residential purpose or from a non-residential purpose to a
residential purpose, or changing all or part of a building from one form of
residential development to another form of residential development or from one
form of non-residential development to another form of non-residential
development;
"regulation" means any regulation made pursuant to the Act;
"rental housing" means development of a building or structure with four or more
dwelling units all of which are intended for use as rented residential premises;
"residential dwelling" means a building, occupied or capable of being occupied as
a home, residence or sleeping place by one or more persons, containing one or
more dwelling units but not including motels, hotels, tents, truck campers, tourist
trailers, mobile camper trailers or boarding, lodging or rooming houses;
"residential development" means land, buildings or portions thereof used,
designed, or intended to be used as living accommodations for one or more
individuals, and shall include a single detached dwelling, a semi-detached
dwelling, a multiple dwelling, an apartment unit dwelling, a special care/special
need dwelling, an ancillary residential building, and the residential portion of a
mixed-use building and "residential use" and "residential purpose" has the same
meaning;
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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;
"retirement home or lodge" means a residential building or the 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 hall, but do not include
private culinary facilities and instead 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;
"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 unit are
not connected by an interior corridor;
"service" means a service designed in Schedule "A" to this By-law, and
"services" shall have a corresponding meaning;
"servicing agreement" means an agreement between a landowner and the
Municipality relative to the provision of municipal services to specified land within
the Municipality;
"single detached dwelling" means a completely detached building containing only
one dwelling unit and not attached to another structure.
"special care/special dwelling unit/room" means a residence in an assisted living
facility:
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a. Containing two or more dwelling rooms, which rooms have
common entrance from street level; and
b. where the occupants have the right to use in common with other
occupants, halls, stairs, yards, common room, and accessory
buildings; and
c. that is designed to accommodate persons with specific needs,
including but not limited to, independent permanent living
arrangements; and where support services, such as meal
preparation, grocery shopping, laundry, housing, nursing, respite
care and attending services are provided at various levels; but
d. excludes group homes.
"Zoning By-law" means the Zoning By-law of the Municipality of North Middlesex,
or any successor thereof passed pursuant to section 34 of the Planning Act, S.O.
1998.
2.
Designation of Services and Classes of Services
2.1
The categories of services and classes 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 Studies;
(f)
Water Services; and
(g) Wastewater Services.
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2.2
The components of the services and classes designated in subsection 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 subsection 3.2; and
(b) the development of the lands requires any of the approvals set out in
subsection 3.4(a).
Areas to Which By-law Applies
3.2
Subject to subsection 3.3, this by-law applies to all lands within the Municipality
of North Middlesex. Charges for water and wastewater services apply in the
Parkhill and Ailsa Craig/Nairn service areas, whether or not the land or use
thereof is exempt from taxation under s. 13 or 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 municipality or a local board thereof;
(b) a board of education;
(c) the Corporation of the County of Middlesex or a local board thereof; or
(d) land vested in or leased to a university that receives regular and
ongoing operating funds from the government for the purposes of post-
secondary education is exempt from development charges imposed
under the Development Charges Act, 1997 if the development in
respect of which development charges would otherwise be payable is
intended to be occupied and used by the university.
Approvals for Development
3.4
(a) Development charges shall be imposed on all lands, buildings or
structures that are developed for residential or non-residential uses if
the development requires:
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i.
the passing of a zoning by-law or of an amendment to a
zoning by-law under section 34 of the Planning Act;
ii.
the approval of a minor variance under section 45 of the
Planning Act;
iii.
a conveyance of land to which a by-law passed under
subsection 50(7) of the Planning Act applies;
iv.
the approval of a plan of subdivision under section 51 of the
Planning Act;
v.
a consent under section 53 of the Planning Act;
vi.
the approval of a description under section 50 of the
Condominium Act, R.S.O. 1990, Chap. C.26, as amended,
or any successor thereof; or
vii.
the issuing of a permit under the Building Code Act in
relation to a building or structure.
(b) No more than one development charge for each service designated in
subsection 2.1 shall be imposed upon any lands, buildings or
structures to which this by-law applies even though two or more of the
actions described in subsection 3.4(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 or
increasing the need for services.
Exemptions
Rules with Respect to Exemptions for Intensification of Existing Housing or New
Housing
3.5
Notwithstanding the provisions of this By-law, development charges shall not be
imposed with respect to developments or portions of developments as follows:
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(a) the enlargement to an existing residential dwelling unit;
(b) the creation of additional dwelling units equal to the greater of one
dwelling unit or one percent of the existing dwelling units is existing
rental housing or a prescribed ancillary residential dwelling structure to
the existing residential building;
(c) notwithstanding the provisions of this By-law, development charges
shall not be imposed with respect to the creation of any of the following
in existing houses:
i.
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 building and structures ancillary to the
existing detached house, semi-detached house or row
dwelling cumulatively contain no more than one residential
unit.
ii.
A third residential unit in an existing detached house,
semi-detached house or row 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
detached house, semi-detached house or rowhouse
contains any residential units.
iii.
One residential unit in a building or structure ancillary to an
existing detached house, semi-detached house or row
dwelling on a parcel of urban residential land, if the existing
detached house, semi-detached house or rowhouse
contains no more than two residential units and no other
building or structure ancillary to the existing detached house,
semi-detached house or rowhouse contains any residential
units.
(d) notwithstanding the provisions of this By-law, development charges
shall not be imposed with respect to the creation of any of the following
in new residential buildings:
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i.
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 row dwelling
cumulatively will contain no more than one residential unit.
ii.
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 row dwelling
contains any residential units.
iii.
One residential unit in a building or structure ancillary to a
new detached house, semi-detached house or rowhouse on
a parcel of urban residential land, if the new detached
house, semi-detached house or rowhouse contains no more
than two residential units and no other building or structure
ancillary to the new detached house, semi-detached house
or row dwelling contains any residential units.
(e) The exemption to development charges 3.5 above shall only apply to
the first instance of intensification in an existing or new dwelling.
(f) Subject to 3.5 (e) above, any exemption under 3.5 above shall apply to
the smallest dwelling unit, as determined by applicable rates under this
By-law.
Rules with Respect to an Industrial Expansion Exemption
3.6
If a development includes the enlargement of the gross floor area of an existing
industrial building, the amount of the development charges that is payable in
respect of the enlargement is determined in accordance with the following:
(a) Subject to subsection 3.6 (c), if the gross floor area is enlarged by 50 per
cent or less of the lesser of:
i.
the gross floor area of the existing industrial building, or
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ii.
the gross floor area of the existing industrial building before the first
enlargement for which:
a. an exemption from the payment of development charges
was granted, or
b. a lesser development charge than would otherwise be
payable under this by-law, or predecessor thereof, was
paid,
pursuant to Section 4 of the Act and this subsection, the
amount of the development charge in respect of the
enlargement is zero;
(b) Subject to subsection 3.6 (c), if the gross floor area is enlarged by more
than 50 per cent or less of the lesser of:
(i) the gross floor area of the existing industrial building, or
(ii) the gross floor area of the existing industrial building before the first
enlargement for which:
a. an exemption from the payment of development charges was
granted, or
b. a lesser development charge than would otherwise be payable
under this by-law, or predecessor thereof, was paid,
pursuant to Section 4 of the Act and this subsection, the amount of
the development charge in respect of the enlargement is the
amount of the development charge that would otherwise be
payable multiplied by the fraction determined as follows:
c. determine the amount by which the enlargement exceeds 50
per cent of the gross floor area before the first enlargement, and
d. divide the amount determined under subsection (A) by the
amount of the enlargement;
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(c) For the purposes of calculating the extent to which the gross floor area of
an existing industrial building is enlarged in subsection 3.6 (b), the
cumulative gross floor area of any previous enlargements for which:
(i) An exemption from the payment of development charges was
granted, or
(ii) A lesser development charge than would otherwise be payable
under this by- law, or predecessor thereof, was paid,
pursuant to Section 4 of the Act and this subsection, shall be added to
the calculation of the gross floor area of the proposed enlargement.
(d) For the purposes of this subsection, the enlargement must not be attached
to the existing industrial building by means only of a tunnel, bridge,
passageway, canopy, shared below grade connection, such as a service
tunnel, foundation, footing or parking facility.
3.7
For the purpose of section 3.6, "existing industrial building" is used as defined in
the Regulation made pursuant to the Act.
Other Exemptions
3.8
Notwithstanding the provision of this by-law, development charges shall not be
imposed with respect to:
(a) For vacant lots within the Ailsa Craig, Nairn and Petty area which have
paid a capital charge for sanitary services under the Development
Charges Act, 1997 or Municipal Act, no further development charges for
this service are payable.
(b) Non-profit Housing
(c) Affordable units required to be included in a development or
redevelopment pursuant to a by-law passed under section 34 of the
Planning Act to give effect to the policies described in subsection 16 (4) of
that Act.
(d) Bona fide farms
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3.8.1 Discount for Rental Housing (for profit)
The D.C. payable for rental housing developments, where the residential units
are intended to be used as a rented residential premises will be reduced based
on the number of bedrooms in each unit as follows:
(a) Three or more bedrooms - 25% reduction;
(b) Two bedrooms - 20% reduction; and
(c) All other bedroom quantities - 15% reduction.
3.8.2 Other Exemptions (upon proclamation)
Once proclamation for required amendments to the Act to allow the following
exemptions is received by the Lieutenant Governor, the following shall be exempt
from development charges:
(a) Affordable residential units; or
(b) Attainable residential units.
Amount of Charges
Residential
3.9
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
3.10
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
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mixed-use building or structure, and calculated with respect to each of the
services according to the gross floor area of the non-residential use.
Reduction of Development Charges for Redevelopment
3.11
Despite any other provisions of this by-law, where, as a result of the
redevelopment of land, a building or structure existing on the same land within 5
years prior to the date of payment of development charges in regard to such
redevelopment was, or is to be demolished, in whole or in part, or converted from
one principal use to another principal use on the same land, in order to facilitate
the redevelopment, the development charges otherwise payable with respect to
such redevelopment shall be reduced by the following amounts:
(a) in the case of a residential building or structure, or in the case of a mixed-
use building or structure, the residential uses in the mixed-use building or
structure, an amount calculated by multiplying the applicable development
charge under subsection 3.9 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
mixed-use building or structure, the non-residential uses in the mixed-use
building or structure, an amount calculated by multiplying the greater of
the applicable development charges under subsection 3.10 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 Calculation and Payment of Development Charges
3.12
Development charges imposed under this By-law are calculated, payable, and
collected upon issuance of the first building permit for the development.
3.13
Notwithstanding subsection 3.12 development charges for rental housing and
institutional developments are due and payable in 6 equal annual payments
commencing with the first instalment payable on the earlier of the date the first
occupancy permit is granted or the date of first occupancy, and each subsequent
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instalment, including interest calculated in accordance with Section 26.3 of the
Act.
3.14
Where the development of land results from the approval of a site plan or zoning
by-law amendment received on or after January 1, 2020, and the approval of the
application occurred within two years of building permit issuance, the
development charges under subsections 3.9 and 3.10 shall be calculated on the
rates set out in Schedule "B" on the date of the planning application, including
interest in accordance with section 26.3 of the Act. Where both planning
applications apply, development charges under subsections 3.9 and 3.10 shall
be calculated on the rates, including interest in accordance with section 26.3 of
the Act, payable on the anniversary date each year thereafter, set out in
Schedule "B" on the date of the later planning application, including interest.
3.15
Despite sections 3.12 to 3.14, Council from time to time, and at any time, may
enter into agreements providing for all or any part of a development charge to be
paid before or after it would otherwise be payable, in accordance with section 27
of the Act.
4.
Payment by Services
4.1
Despite sections 3.12 to 3.15, 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, without amendment to this by-law, commencing on January 1, 2022
and annually thereafter, in accordance with the prescribed index in the Act.
6.
Schedules
6.1
The following schedules shall form part of this by-law:
Schedule A: Components of Services and Classes of Services Designated in
Subsection 2.1
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Schedule B: Residential and Non-Residential Development Charges
Schedule C: Map of Parkhill Urban Service Area
Schedule D: Map of Ailsa Craig Urban Service Area
Schedule E: Map of Nairn Urban Service Area
7.
Conflicts
7.1
Where the Municipality 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.
By-law In Force
9.1
This by-law shall come into effect on the date of passage hereof.
10.
Date By-law Expires
10.1 This by-law will expire at 12:01 AM on April 20, 2027 unless it is repealed by
Council at an earlier date.
11.
Existing_ By-law Repealed
11.1 By-law Number 17 of 2018, as amended, is hereby repealed as of the date and
time of this By-law coming into effect.
ENACTED and PASSED THIS 20th DAY OF April, 2022
Mayor
.
Mr-9
tm-iei'<{-pat1ty'°o-;,f N,·or'th Mid-d\les.,ex Clerk
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Schedule "A"
To By-law 21 of 2022 (As Amended by 014 of 2024, 058 of 2024 and 067 of 2026)
Components of Services and Classes of Services Designated in Subsection 2.1
Municipal-wide D.C.-Eligible Services
Services Related to a Highway
Roads
Public Works Facilities, Vehicles, and Equipment
Fire Protection Services
Fire Facilities
Fire Vehicles
Small Equipment and Gear
Parks and Recreation Services
Parkland Development, Amenities, and Trails
Recreation Facilities
Recreation Vehicles and Equipment
Library Services
Library Facilities
Urban Area D.C.-Eligible Services
Water Services
Storage
Distribution
Wastewater Services
Sewers
Treatment
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Schedule "B"
To By-law 41-2022 (As Amended by 014 of 2024, 058 of 2024 and 067 of 2026)
Schedule of Development Charges (2022)
Service/Class of Service
RESIDENTIAL
NON-RESIDENTIAL
Single and Semi-
Detached Dwelling
Other Multiples
Apartments - 2
Bedrooms +
Apartments -
Bachelor and 1
Bedroom
Special
Care/Special
Dwelling Units
Commercial,
Institutional, and
Small Industrial
(per sq.ft. of Gross
Floor Area)
Large Industrial
(per sq.ft. of Gross
Floor Area)
Municipal Wide Services/Class of
Service:
Services Related to a Highway
1,525
1,088
1,038
655
563
0.55
0.55
Fire Protection Services
1,405
1,002
956
603
518
0.50
0.50
Parks and Recreation Services
603
430
411
259
223
0.06
0.06
Growth Studies
-
-
-
-
-
-
-
Total Municipal Wide
Services/Class of Services
3,533
2,520
2,405
1,517
1,304
1.11
1.11
Urban Services
Wastewater Treatment
13,557
9,672
9,231
5,819
5,004
5.06
13.36
Wastewater Sewers
1,705
1,216
1,161
732
629
0.64
0.64
Water Storage
4,398
3,138
2,994
1,888
1,623
1.64
1.64
Water Distribution
1,561
1,114
1,063
670
576
0.58
0.58
Total Urban Services
21,221
15,140
14,449
9,109
7,832
7.92
16.22
GRAND TOTAL RURAL AREA
3,533
2,520
2,405
1,517
1,304
1.11
1.11
GRAND TOTAL - URBAN
24,754
17,660
16,854
10,626
9,136
9.03
17.33
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Schedule "C"
To By-law 041-2022
Map of Parkhill Urban Service Area
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Schedule "D"
To By-law 041-2022
Map of Ailsa Craig Urban Service Area
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Schedule "E"
To By-law 041-2022
Map of Ailsa Craig Urban Service Area
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