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By-law 2020-36
By-law for the Imposition of a County-wide Development Charge
on the County of Northumberland
Whereas the County of Northumberland will experience growth through development
and re-development of lands within the County;
And Whereas development and re-development requires the provision of physical and
social services by the County Northumberland;
And Whereas Council desires to ensure that the capital cost of meeting growth- related
demands does not place an excessive financial burden on the County of
Northumberland 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
services;
And Whereas the Development Charges Act, 1997 (the "Act") provides that the Council
of a County may by by-law impose development charges against land to pay for
increased capital costs required because of increased needs for services;
And Whereas a development charges background study has been completed in
accordance with the Act;
And Whereas the Council of The Corporation of the County of Northumberland has
given notice of and held a public meeting on the 18th day of June 2020 in accordance
with the Act and the regulations thereto;
Now Therefore Be It Enacted as a By-law of the Corporation of the County of
Northumberland as follows:
Page 2 of 16
1.
INTERPRETATION
1.1
In this By-law the following items shall have the corresponding meanings:
"Act" means the Development Charges Act, as amended, or any successor thereof;
"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;
"apartment unit" means any residential unit within a building containing three or more
dwelling units where access to each residential unit is obtained through a common
entrance or entrances from the street level and the residential units are connected by an
interior corridor. Despite the foregoing, an apartment dwelling includes stacked
townhouse dwellings;
"bedroom" means a habitable room larger than seven square metres, including a den,
study or other similar area, but does not include a bathroom, living room, dining room or
kitchen;
"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" has the same meaning as set out in the Education Act,
R.S.O. 1990, Chap. E.2, as amended, or any successor thereof;
"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, S.O. 1992, as amended, or any
successor thereof;
"capital cost" means costs incurred or proposed to be incurred by the County or a local
board thereof directly or by others on behalf of and as authorized by the County or local
board,
Page 3 of 16
a) to acquire land or an interest in land, including a leasehold interest,
b) to improve land,
c) to acquire, lease, construct or improve buildings and structures,
d) to acquire, construct or improve facilities including,
i.
furniture and equipment other than computer equipment, and
ii.
material acquired for circulation, reference or information purposes by a
library board as defined in the Public Libraries Act, R.S.O. 1990, Chap.
P.44, as amended, or any successor thereof; and
iii.
rolling stock with an estimated useful life of seven years or more, and
e) to undertake studies in connection with any matter under the Act and any of the
matters in clauses (a) to (d) above, including the development charge
background study or required for the provision of services designated in this by-
law within or outside the County, including interest on borrowing for those
expenditures under clauses (1) to (5) above that are growth-related;
"commercial" means any use of land, structures or buildings for the purposes of buying
or selling commodities and services, but does not include industrial or agricultural uses,
but does include hotels, motels, motor inns and boarding, lodging and rooming houses;
"Council" means the Council of the County of Northumberland;
"County" means the Corporation of the County of Northumberland and the area within
the geographic limits of the County of Northumberland;
"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 may
be provided with culinary and sanitary facilities for their exclusive use;
Page 4 of 16
"existing" means the number, use and size that existed as of the date this by-law was
passed;
"farm building" means that part of a bona fide farming operation encompassing barns,
silos and other ancillary development to an agricultural use, but excluding a residential
use;
"gross floor area" means:
a) in the case of a residential building or structure, the total area of all floors above
grade of a dwelling unit measured between the outside surfaces of exterior walls
or between the outside surfaces of exterior walls and the centre line of party
walls dividing the dwelling unit from any other dwelling unit or other portion of a
building; and
b) in the case of a non-residential building or structure, or in the case of a mixed-
use building or structure in respect of the non-residential portion thereof, the total
area of all building floors above or below grade measured between the outside
surfaces of the exterior walls, or between the outside surfaces of exterior walls
and the centre line of party walls dividing a non-residential use and a residential
use, except for:
i.
a room or enclosed area within the building or structure above or below
that is used exclusively for the accommodation of heating, cooling,
ventilating, electrical, mechanical or telecommunications equipment that
service the building;
ii.
loading facilities above or below grade; and
iii.
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;
"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;
"interest" means the County' short-term borrowing rate with their financial institutions,
calculated as the prime rate less 0.85%;
Page 5 of 16
"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. For the purposes of s.s.7(2) herein, means
development of a building or structure 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.
a college or university federated or affiliated with a university described in
subclause (i), or
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.;
"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 County of Northumberland or any part or parts thereof;
"local services" means those services, facilities or things which are under the jurisdiction
of the County 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;
"multiple dwellings" means all dwellings other than single-detached, semi- detached
apartment unit dwellings;
"non-profit housing development" means development of a building or structure
intended for use as residential premises by,
Page 6 of 16
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;.
"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 County, as amended and
approved;
"owner" means the owner of land or a person who has made application for an approval
for the development of land upon which a development charge is imposed'
"place of worship" means that part of a building or structure that is exempt from taxation
as a place of worship under the Assessment Act, R.S.O. 1990, Chap. A.31, as
amended, or any successor thereof;
"rate" means the interest rate established weekly by the Bank of Canada based on
Treasury Bills having a term of 91 days;
"regulation" means any regulation made pursuant to the Act;
"rental housing" means development of a building or structure with four or more dwelling
units all of which are intended for use as rented residential premises;
"residential dwelling" means a building, occupied or capable of being occupied as a
home, residence or sleeping place by one or more persons, containing one or more
dwelling units but not including motels, hotels, tents, truck campers, tourist trailers,
mobile camper trailers or boarding, lodging or rooming houses;
"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;
Page 7 of 16
"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;
"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 County
relative to the provision of municipal services to specified land within the County;
"single detached dwelling unit" means a residential building consisting of one dwelling
unit and not attached to another structure;
"special care dwelling unit" means a building not otherwise defined herein containing
more than four dwelling units: where the occupants have the right to use in common,
halls, stairs, yards, common room and accessory buildings; which dwelling units may or
may not have exclusive sanitary and/or culinary facilities; that is designed to
accommodate individuals with specific needs, where meals are provided within the
development on a regular basis and includes a bedroom, student residence, retirement
home and lodge, nursing home, granny flat, accessory dwelling and group home;
"stacked townhouse dwelling" means two townhouse dwellings, one on top of each
other; and
"townhouse dwelling" means a building vertically divided into three or more dwelling
units by common walls extending from the base of the foundation to the roof. Each
dwelling unit shall have separate entrance directly to the outside;
2.
DESIGNATION OF SERVICES
2.1
The categories of services for which development charges are imposed under
this by-law are as follows:
a)
Paramedic Services
b)
Homes for the Ages Services
Page 8 of 16
c)
Community Housing Services
d)
Waste Diversion Services - Facilities
e)
Waste Diversion Services - Curbside Collection
f)
Administration Studies
g)
Roads and Related Services
3.
APPLICATION OF BY-LAW RULES
3.1
Development charges shall be payable in the amounts set out in this by-law
where:
(1)
the lands are located in the area described in section 3.2 and
(2)
the development of the lands requires any of the approvals set out in
subsection 3.4(a).
Area to Which By-law Applies
3.2
Subject to section 3.3, this by-law applies to all lands in the County of
Northumberland, 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:
(1)
the County of Northumberland or a local board thereof;
(2)
a board of education; or
(3)
the Corporation of a local Municipality within the County of
Northumberland or a local board thereof;
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:
Page 9 of 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
3.5
Notwithstanding the provisions of this by-law, development charges shall not be
imposed with respect to:
a) an enlargement to an existing dwelling unit;
b) one or two additional dwelling units in an existing, or ancillary to, a single
detached dwelling; or
c) one additional dwelling unit in any other existing residential building;
3.6
Notwithstanding section 3.5(b), development charges shall be imposed if the total
gross floor area of the additional one or two units exceeds the gross floor area of
the existing dwelling unit.
Page 10 of 16
3.7
Notwithstanding section 3.5(c), development charges shall be imposed if the
additional unit has a gross floor area greater than
a) in the case of a semi-detached or row dwelling, the gross floor area of the
existing dwelling unit; and
b) in the case of any other residential building, the gross floor area of the
smallest dwelling unit contained in the residential building.
3.8
Exemption for Industrial Development:
3.8.1 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.
3.8.2 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:
(1)
determine the amount by which the enlargement exceeds 50 percent of
the gross floor area before the enlargement;
(2)
divide the amount determined under subsection (1) by the amount of the
enlargement
3.9
For the purpose of section 3.8 herein, "existing industrial building" is used as
defined in the Regulation made pursuant to the Act.
3.10 Other Exemptions:
Notwithstanding the provision of this by-law, development charges shall not be
imposed with respect to:
a)
Bona fide farm uses;
b)
Places of Worship;
c)
Hospitals as governed by the Public Hospitals Act;
d)
Municipal housing project facilities under County By-law 2019-20.
Page 11 of 16
e)
The creation of a second dwelling unit in prescribed classes of
proposed new residential buildings, including structures ancillary to
dwellings, subject to the following restrictions:
Item
Name of Class of Proposed
New Residential Buildings
Description of Class of Proposed New Residential
Buildings
Restrictions
1.
Proposed new detached
dwellings
Proposed new residential buildings that would not
be attached to other buildings and that are
permitted to contain a second dwelling unit, that
being either of the two dwelling units, if the units
have the same gross floor area, or the smaller of
the dwelling units.
The proposed new detached dwelling must
only contain two dwelling units.
The proposed new detached dwelling must
be located on a parcel of land on which no
other detached dwelling, semi-detached
dwelling or row dwelling would be located.
2.
Proposed new semi-
detached dwellings or row
dwellings
Proposed new residential buildings that would have
one or two vertical walls, but no other parts,
attached to other buildings and that are permitted
to contain a second dwelling unit, that being either
of the two dwelling units, if the units have the same
gross floor area, or the smaller of the dwelling
units.
The proposed new semi-detached dwelling or
row dwelling must only contain two dwelling
units.
The proposed new semi-detached dwelling or
row dwelling must be located on a parcel of
land on which no other detached dwelling,
semi-detached dwelling or row dwelling
would be located.
3.
Proposed new residential
buildings that would be
ancillary to a proposed
new detached dwelling,
semi-detached dwelling or
row dwelling
Proposed new residential buildings that would be
ancillary to a proposed new detached dwelling,
semi-detached dwelling or row dwelling and that
are permitted to contain a single dwelling unit.
The proposed new detached dwelling, semi-
detached dwelling or row dwelling, to which
the proposed new residential building would
be ancillary, must only contain one dwelling
unit.
The gross floor area of the dwelling unit in
the proposed new residential building must
be equal to or less than the gross floor area
of the detached dwelling, semi-detached
dwelling or row dwelling to which the
proposed new residential building is ancillary.
Amount of Charges
Residential
3.11 The development charges set out in Schedule "A" shall be imposed on residential
uses of lands, buildings or structures, including a dwelling unit accessory to a
non-residential use and, in the case of a mixed use building or structure, on the
residential uses in the mixed use building or structure, according to the type of
residential unit, and calculated with respect to each of the services according to
the type of residential use.
Non-Residential
3.12 The development charges described in Schedule "A" 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
Page 12 of 16
mixed use building or structure, and calculated with respect to each of the
services according to the total floor area of the non-residential use.
Reduction of Development Charges for Redevelopment
3.13 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 60
months prior to the date of payment of development charges in regard to such
redevelopment was, or is to be demolished, in whole or in part, 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:
(1)
in the case of a residential building or structure, or in the case of a mixed-
use building or structure, the residential uses in the mixed-use building or
structure, an amount calculated by multiplying the applicable development
charge under subsection 3.11 by the number, according to type, of
another principal use; and
(2)
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 applicable
development charges under subsection 3.12, by the gross floor area that
has been or will be demolished or converted to another principal use;
provided that such amounts shall not exceed, in total, the amount of the
development charges otherwise payable with respect to the redevelopment.
Time of Payment of Development Charges
3.14 Development Charges are due and payable in full to the County on the date the
first building permit is issued for any land, buildings, or structures affected by the
applicable development charge and a building permit with respect to a building or
structure shall be withheld where the applicable development charge has not
been paid pursuant to Section 28 of the Act
3.15 Notwithstanding subsection 3.14, the timing of calculation and payment of the
development charge with respect to an approval of a Plan of Subdivision under
Section 51 of the Planning Act, R.S.O., 1990 as amended, shall be addressed in
the subdivision agreement, subject to any applicable exemptions contained in
Page 13 of 16
this By-law, and calculated in accordance with subsections 3.11 and 3.12 of this
bylaw.
3.16 Notwithstanding Subsections 3.14 and 3.15, Development Charges for rental
housing and institutional developments are due and payable in 6 installments
commencing with the first installment payable on the date of occupancy, and
each subsequent installment, including interest, payable on the anniversary date
each year thereafter.
3.17 Notwithstanding Subsection 3.14 and 3.15, Development Charges for non-profit
housing developments are due and payable in 21 installments commencing with
the first installment payable on the date of occupancy, and each subsequent
installment, including interest, payable on the anniversary date each year
thereafter;
3.18 Where the development of land results from the approval of a Site Plan or Zoning
By-law Amendment received on or after January 1, 2020, and the approval of the
application occurred within 2 years of building permit issuance, the Development
Charges under Subsections 3.14, 3.15, 3.16 and 3.17 shall be calculated on the
rates set out in Schedule "A" on the date of the planning application, including
interest. Where both planning applications apply Development Charges under
Subsections 3.14, 3.15, 3.16 and 3.17 shall be calculated on the rates, including
interest, set out in Schedule "A" on the date of the later planning application,
including interest.
3.19 Despite subsections 3.14, 3.15, 3.16, 3.17, and 3.18, 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 the payment required under subsections 3.11 and 3.12, 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
Page 14 of 16
5.1
Development charges imposed pursuant to this by-law shall be adjusted
annually, without amendment to this by-law, on the anniversary date of the by-
law, 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 - Residential and Non-Residential Development Charges
7.
CONFLICTS
7.1
Where the County 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(1), 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.
8.2
By-law 2018-23, being a by-law for the imposition of an area-specific
development charge on the Cobourg East Community, is hereby repealed on the
date this by-law comes into effect.
9.
DATE BY-LAW IN FORCE
9.1
This by-law shall come into effect at 12:01 AM on October 1, 2020.
Page 15 of 16
10.
DATE BY-LAW EXPIRES
10.1 This by-law will expire at 12:01 AM on October 1, 2025 unless it is repealed by
Council.
That By-law No. 2020-36 be introduced and be deemed to be read a first, second and
third time and passed, signed and sealed this 26th day of August, 2020.
__________________________
__________________________
Robert Sanderson, Warden
Nancy MacDonald, Clerk
Page 16 of 16
SCHEDULE A to By-law 2020-36
SCHEDULE OF DEVELOPMENT CHARGES FOR THE
COUNTY OF NORTHUMBERLAND
NON-RESIDENTIAL
Single and
Semi-Detached
Dwelling
Apartments - 2
Bedrooms +
Apartments -
Bachelor and 1
Bedroom
Other Multiples
Special
Care/Special
Dwelling Units
(per sq.ft. of Gross
Floor Area)
Municipal Wide Services:
Roads and Related
2,100
1,394
1,061
1,640
892
1.16
Administration Studies
42
28
21
33
18
0.02
Homes for Aged
273
181
138
213
116
0.16
Provincial Offences Act
-
-
-
-
-
-
Paramedic Services
86
57
43
67
37
0.05
Community Housing
396
263
200
309
168
-
Waste Diversion Services - Facilities
34
23
17
27
14
0.02
Total Municipal Wide Services
2,931
1,946
1,480
2,289
1,245
1.41
Area-Specific Services
Excluding Port Hope Rural Ward II
Waste Diversion Services - Curbside Collection
63
42
32
49
27
0.04
Total Area-Specific Services
63
42
32
49
27
0.04
Grand Total - Port Hope Rural Ward II
2,931
1,946
1,480
2,289
1,245
1.41
Grand Total - Outside of Port Hope Rural Ward II
2,994
1,988
1,512
2,338
1,272
1.45
RESIDENTIAL
Service
Type
of
Service
Service
Residential - Single
and Semi-Detached
Dwelling
Residential - Apartments
-
2 Bedrooms
+
Residential Apartments
-
Bachelor and
1 Bedroom
Residential - Other
Multiples
Residential - Special
Care/Special
Dwelling
Units
NON-RESIDENTIAL
(per
sq.ft. of Gross
Floor Area)
Municipal
Wide
Services:
Roads and Related
2,100
1,394
1,061
1,640
892
1.16
Administration Studies
42
28
21
33
18
0.02
Homes for Aged
273
181
138
213
116
0.16
Provincial Offences Act
-
-
-
-
-
-
Paramedic Services
86
57
43
67
37
0.05
Community Housing
396
263
200
309
168
-
Waste Diversion Services - Facilities
34
23
17
27
14
0.02
Total Municipal Wide Services
2,931
1,946
1,480
2,289
1,245
1.41
Area-Specific
Services
Excluding Port Hope Rural Ward II Waste Diversion
Services - Curbside Collection
63
42
32
49
27
0.04
Total Area-Specific Services
63
42
32
49
27
0.04
All
Services
Grand Total - Port Hope Rural Ward II
2,931
1,946
1,480
2,289
1,245
1.41
All
Services
Grand Total - Outside of Port Hope Rural Ward
II
2,994
1,988
1,512
2,338
1,272
1.45