By-law 041 of 2022 Development Charges (as amended by 014/2024, 058/2024, 067/2026)

North Middlesex, Ontario · No. 041 · adopted 2022-04-20 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 5ce61d74a419 · verified 2026-10-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-1 Appendix G Proposed D.C. By-law Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-2 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 Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-3 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, Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-4 "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; Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-5 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; Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-6 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; Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-7 "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, Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-8 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 Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-9 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 Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-10 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; Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-11 "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; Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-12 "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; Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-13 "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: Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-14 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. Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-15 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: Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-16 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: Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-17 (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: Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-18 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 Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-19 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; Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-20 (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 Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-21 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 Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-22 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 Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-23 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 Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-24 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 Watson & Associates Economists Ltd. C;\Oovolopmenl Charges By-laWIOrafl Davelopmenl Charges By-law· Combind.doc PAGE G-25 Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-26 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 Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-27 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 Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-28 Schedule "C" To By-law 041-2022 Map of Parkhill Urban Service Area Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-29 Schedule "D" To By-law 041-2022 Map of Ailsa Craig Urban Service Area Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-30 Schedule "E" To By-law 041-2022 Map of Ailsa Craig Urban Service Area Watson & Associates Economists Ltd. C:\Users\alanb\Desktop\041of 2022 Development Charges AS AMENDED.docx PAGE G-31