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THE CORPORATION OF THE TOWN OF OAKVILLE
BY-LAW NUMBER 2022-068
A by-law to establish development charges generally for
The Corporation of the Town of Oakville, and to
repeal By-laws 2018-001 and 2021-016
WHEREAS subsection 2(1) of the Development Charges Act, 1997, S.O. 1997, c.
27 (hereinafter called "the Act") provides that the council of a municipality may pass
by- laws for the imposition of development charges against land for increased
capital costs required because of the needs for services arising from development in
the area to which the by-law applies;
WHEREAS the Council of The Corporation of the Town of Oakville ("Town of
Oakville") has given notice in accordance with section 12 of the Act, of its intention
to pass a by-law under section 2 of the said Act;
WHEREAS the Council of the Town of Oakville has heard all persons who applied
to be heard no matter whether in objection to, or in support of, the development
charges proposal at a public meeting held on June 20, 2022;
WHEREAS in accordance with the legislation, the Development Charges
Background Study dated May 13, 2022 and proposed By-law were available for
public review on May 13, 2022;
WHEREAS at a meeting open to the public held on June 20, 2022, the Council of
The Town of Oakville considered the final development charges proposals, received
written submissions and heard further comments and representations from the
public;
WHEREAS by resolution adopted by Council of The Town of Oakville on June 20,
2022, Council determined that no further public meetings were required under
Section 12 of the Act;
WHEREAS the Council of The Town of Oakville had before it a report, entitled
Development Charges Background Study, dated May 13, 2022, prepared by Watson
& Associates Economists Ltd.;
WHEREAS by resolution adopted by Council of The Town of Oakville on July 12,
2022, Council has indicated that it intends to ensure that the increase in the need for
By-Law Number: 2022-068
Page 2
services attributable to the anticipated development, including any capital costs, will
be met, by updating its capital budget and forecast where appropriate;
WHEREAS by resolution adopted by Council of The Corporation of the Town of
Oakville on July 12, 2022, Council has indicated its intent that the future excess
capacity identified in the Development Charges Background Study, dated May 13,
2022, prepared by Watson & Associates Economists Ltd., shall be paid for by the
development charges or other similar charges;
COUNCIL ENACTS AS FOLLOWS:
DEFINITIONS
1. In this By-law,
(1)
accessory dwelling means a dwelling unit that is naturally or normally
incidental to or subordinate in purpose and is exclusively devoted to a
single or semi-detached dwelling located on the same lot, and
includes but is not limited to a basement apartment, garden suite and
in some cases, a mobile home;
(2)
Act means the Development Charges Act, 1997, S.O. 1997, c. 27, as
amended or successor legislation;
(3)
agricultural development means a bona fide farming operation (as
evidenced by membership of the owner/operator of the farm operation
in the Ontario Federation of Agriculture), including greenhouses which
are not connected to Regional water services or wastewater services,
sod farms and farms for the breeding and boarding of horses, and
includes, but is not limited to, barns, silos and other ancillary buildings
to such agricultural development but excluding any component thereof
that is;
(a) A residential use,
(b) A commercial use, including but not limited to marijuana
production facilities, or
(c) Retail development, including but not limited to the breeding,
boarding and/or grooming of household pets;
(4)
ancillary will have the same definition as accessory dwelling;
By-Law Number: 2022-068
Page 3
(5)
air-supported structure means a structure consisting of a pliable
membrane which achieves and maintains its shape and support by
internal air pressure;
(6)
apartment dwelling means any dwelling unit within a building
containing more than three dwelling units where the units are
connected by an interior corridor and includes a dwelling unit within a
retirement home or lodge where the unit has its own private sanitary
and full culinary facilities. Despite the foregoing, an apartment
dwelling includes, those stacked townhouse dwellings that are
developed on a block approved for development at a minimum density
of sixty (60) units per net hectare pursuant to plans and drawings
approved under section 41 of the Planning Act;
(7)
area of worship means the area within a place of worship in which a
religious service, ceremony or other practice is normally held;
(8)
Assessment Act means the Assessment Act, R.S.O. 1990, c. A. 31, as
amended, or successor legislation;
(9)
back-to-back townhouse dwelling means a building or structure
containing four or more dwelling units, separated vertically by a
common wall, including a rear common wall, that do not have rear
yards;
(10)
basement refers to the portion of the building between the first storey
and any floor below the level of the first floor;
(11)
bedroom means a habitable room of at least seven (7) square metres,
including a den, study, loft or other similar area, but does not include a
living room, dining room or kitchen;
(12)
board of education means an English-language district school board,
an English-language separate district school board, a French-
language district school board and a French-language separate
district school board;
(13)
Building Code Act means the Building Code Act, 1992, S.O. 1992, c.
23, as amended, or successor legislation;
(14)
building or structure means a permanent enclosed structure occupying
an area greater than ten square metres (10 m²) and despite the
foregoing includes, but is not limited to:
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Page 4
(a) above grade storage tanks;
(b) a permanent air-supported sport structure;
(c) an industrial tent;
(d) a roof-like structure over a gas-bar or service station;
(e) garden centres ancillary to a retail use; and
(f) an area attached to and ancillary to a retail development
delineated by one or more walls or part walls, a roof-like
structure or any of them, but specifically excluding a roof
overhang or a patio on a municipal sidewalk ancillary but not
attached to a retail development;
(15)
building permit means a permit under the Building Code Act for
construction at or above the first storey of a building or structure,
(16)
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.S.O. 1990, c. P.44, as amended,
or successor legislation;
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Page 5
(e) to undertake studies in connection with any of the matters
referred to in subsections 1(15)(a) to (d);
(f) to complete the development charge background study under
section 10 of the Act; and,
(g) includes interest on money borrowed to pay for costs in
subsections 1(15) (a) to (d); required for provision of services
designated in this By-law within or outside the municipality.
(17)
charitable dwelling means a part of a residential building or a part of
the residential portion of a mixed-use building maintained and
operated by a corporation approved under the Long-Term Care
Homes Act, 2007 S.O. 2007, c.8, as amended or successor legislation
as a home or joint home, an institution, or a home for persons
requiring residential, specialized or group care and includes a
children's residence under the Child and Family Services Act, R.S.O.
1990, c. C.11, as amended or successor legislation, and a home for
special care under the Homes for Special Care Act, R.S.O. 1990, c.
H.12, as amended or successor legislation;
(18)
class means a group of services combined to create a single service
for the purposes of this by-law and as provided in section 7 of the Act;
(19)
commercial use means land, buildings or portions thereof used,
designed or intended for a non-residential use that is not retail or
industrial, and includes uses which serve academic, medical/dental,
and cultural needs that are not located within or part of a retail
development;
(20)
council means the council of the municipality;
(21)
development means the construction, erection or placing of one or
more buildings or structures on land or the making of an addition or
alteration to a building or structure that has the effect of increasing the
size or usability thereof, and includes redevelopment;
(22)
development charge means a charge imposed pursuant to this By-law;
(23)
development charge interest policy and related procedure means
Development Charges Interest Policy F-FPC-007 and related
Development Charges Interest Procedure F-FPC-007-001, as may be
amended from time to time;
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Page 6
(24)
dwelling unit means,
(a) a room or suite of rooms used, or designed or intended for use,
by one or more persons living together, in which full culinary
and sanitary facilities are provided for the exclusive use of such
person or persons;
(b) except in the case of a special care/special need dwelling, as
defined in this By-law, in which case dwelling unit means either:
(i) a room or suite of rooms designated for residential
occupancy, used, designed or intended for use by one
person with or without exclusive sanitary and/or full
culinary facilities;
(ii) a room or suite of rooms used, designated for residential
occupancy, used, designed or intended for use, by more
than one person with no more than two persons sharing
a bedroom and with sanitary facilities directly connected
and accessible to each room; or
(iii) every seven (7) square metres of area within a room or
suite of rooms used, designed or intended for use, by
one or more persons with no more than two persons
sharing a bedroom.
(25)
existing industrial building shall have the same meaning as the term is
defined in the Regulation, and shall not include self-storage facilities
and retail warehouses;
(26)
first storey means the storey of a building, structure or part thereof,
that has its floor closest to grade and having its ceiling more than 1.8
metres above grade;
(27)
grade means the average level of finished ground adjoining a building
or structure at all exterior walls;
(28)
group home means a residential building or structure or the residential
portion of a mixed-use building or structure containing a single
housekeeping unit which may or may not be supervised on a 24-hour
basis on site by agency staff on a shift rotation basis, and funded
wholly or in part by any government or agency, or by public
subscription or donation, or by any combination thereof, and licensed,
By-Law Number: 2022-068
Page 7
approved or supervised by the Province of Ontario for the
accommodation of persons under any general or special act as
amended or successor legislation, and includes a correctional group
home, which may contain an office provided that the office is only
used for the operation of the correctional group home, but does not
include any detention facility operated or supervised by the federal
government, or any secure custody and detention facility operated by
the provincial government;
(29)
industrial means non-residential uses, excluding commercial and retail
uses, where the land or buildings, or portions thereof are intended or
designed for manufacturing, producing, processing, storing or
distribution of something, including research or development in
connection with manufacturing, producing or processing something,
and the retail sale by a manufacturer, producer or processor of
something that they have manufactured, produced or processed, if the
retail sales are at the site where the manufacturing, production or
processing takes place, as well as office space that is ancillary to the
producing, processing, storing or distribution of something at the site,
but shall not include self-storage facilities or retail warehouses which
shall be considered retail uses;
(30)
institutional 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;
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Page 8
(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;
(31)
interest rate means the annual rate of interest calculated at the
development charge interest policy and related procedure, as may be
revised from time to time;
(32)
live/work unit means a structure which contains at least three separate
residential units and associated non-residential areas, intended for
both residential and non-residential uses concurrently, and each
shares a common wall or floor with direct access between the
residential and non-residential areas;
(33)
local board means municipal service board, municipal business
corporation, public library board, local board of health, or any other
board, commission, committee or 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 or any part or parts thereof, excluding a
conservation authority, any municipal business corporation not
deemed to be a local board under O.Reg. 168/03 under the Municipal
Act, 2001, S.O. 2001, c. 25, as amended, and any corporation
enacted under the Electricity Act, 1998, S.O.1998, c.15, Sched. A, as
amended, or successor legislation;
(34)
local services means those services or facilities which are under the
jurisdiction of the municipality and are related to a plan of subdivision
or within the area to which the plan relates, required as a condition of
approval under section 51 of the Planning Act, or as a condition of
approval under section 53 of the Planning Act;
(35)
long-term care home means a residential building or structure or the
residential portion of a mixed-use building or structure as defined
within the meaning of subsection 2 (1) of the Long-Term Care Homes
Act, 2007;
(36)
mezzanine means an intermediate floor assembly between the floor
and ceiling of any room or storey and includes an interior balcony;
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Page 9
(37)
mixed-use means land or buildings used or designed or intended to be
used for a combination of non-residential development and residential
development;
(38)
multiple dwelling means all dwellings other than single detached
dwellings, semi-detached dwellings, apartment dwellings, special
care/special need dwellings, and accessory dwellings, and includes
but is not limited to, back-to-back townhouse dwellings, and the
residential portion of a live/work unit;
(39)
municipality means The Corporation of the Town of Oakville;
(40)
non-profit housing 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;
(41)
non-residential means the use of lands, buildings or structures for
other than a residential use, including an industrial use, a retail use or
a commercial use;
(42)
official plan means the Official Plan of the Town of Oakville and any
amendments thereto;
(43)
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;
(44)
patios include an area attached to and ancillary to a retail development
delineated by one or more walls or part walls, but are not fully
enclosed and not intended for year-round operation;
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Page 10
(45)
place of worship means a building or structure, or part thereof, that is
exempt from taxation as a place of worship under the Assessment
Act, R.S.O. 1990, c.A.31, as amended or successor legislation;
(46)
Planning Act means the Planning Act, R.S.O. 1990, P. 13, as
amended, or successor legislation;
(47)
redevelopment means the construction, erection or placing of one or
more buildings or structures on land where all or part of a building or
structure has previously been demolished on such land, or changing
the use of a building or structure from a residential use to a non-
residential use or from a non-residential use to a residential use, or
changing a building or structure from one form of residential use to
another form of residential use or from one form of non-residential use
to another form of non-residential use;
(48)
Regulation means O. Reg. 82/98 as amended or successor regulation;
(49)
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;
(50)
residential means lands, buildings or structures, or portions thereof,
used, or designed or intended for use as a home or residence of one
or more individuals, and shall include but not be limited to a single
detached dwelling, a semi-detached dwelling, a multiple dwelling, an
apartment dwelling, a special care/special need dwelling, an
accessory dwelling, and the residential portion of a mixed-use building
or structure;
(51)
retail means lands, buildings or structures, or portions thereof, used,
designed or intended to be used for the sale. lease or rental of any
manner of goods, commodities, services or entertainment to the
public, for consumption or use, whether directly or through
membership, but shall exclude commercial, industrial,
hotels/motels/bed and breakfast facilities, as well as offices not
located within or as part of a retail development, and self-storage
facilities;
(52)
retirement home or lodge means a residential building or structure or
the residential portion of a mixed-use building or structure which is
intended for use as a retirement home within the meaning of
subsection 2 (1) of the Retirement Homes Act, 2010; and provides
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Page 11
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 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;
(53)
seasonal structure means a building placed or constructed on land and
used, designed or intended for use for a non-residential purpose
during a single season of the year where such building is designed to
be demolished or removed from the land at the end of the season;
(54)
semi-detached dwelling means a building divided vertically into two (2)
dwelling units each of which has a separate entrance and access to
grade;
(55)
services mean services designated in this By-law;
(56)
single detached dwelling means a completely detached building
containing only one dwelling unit;
(57)
site hectare means a site area in hectares, including residential lots or
blocks only and excludes any public lands. In the case of a
development, any public land required to be dedicated or conveyed
shall not be included for the purpose of calculating the site hectares;
(58)
special care/special need dwellings mean a residential building or
portion thereof;
(a) containing more than two (2) dwelling units, which units have a
common entrance from street level;
(b) where the occupants have the right to use in common, halls,
stairs, yards, common rooms and accessory buildings but which
do not have their own private sanitary and full culinary facilities;
(c) that is designed to accommodate individuals with specific
needs, including independent permanent living arrangements;
and
(d) where support services such as meal preparation, grocery
shopping, laundry, housekeeping, nursing, respite care and
attendant services are provided at various levels; and
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(e) includes but is not limited to, retirement homes or lodges, long-
term care homes, charitable homes, group homes (including
correctional group homes) and hospices;
(59)
stacked townhouse dwelling means a building containing two or more
dwelling units where each dwelling unit is separated horizontally from
another dwelling unit by a common wall;
(60)
storey means that portion of a building that is:
(a) situated between the top of any floor and the top of the floor
next above it; or,
(b) if there is no floor above it, that portion between the top of such
floor and the ceiling above it;
(61)
temporary building or structure means a building or structure used,
designed or intended for a non-residential use, other than a seasonal
structure and a temporary venue, that is constructed or placed upon
lands and which is demolished or removed from the lands within three
years of building permit issuance, including but not limited to sales
trailers, office trailers and industrial tents, provided that such a
building or structure meets the aforementioned criteria;
(62)
temporary venue means a building that is placed or constructed on
land and is used, designed or intended for use for a particular event
where the event has a duration of 30 days or less and the building is
erected immediately before the beginning of the event and is
demolished or removed from the land immediately following the end of
the event;
(63)
total floor area means the total area of all floors of buildings and
structures, 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 those areas used
exclusively for parking garages or structures, but includes the area of
a mezzanine; and where a building has only one wall or does not have
any walls, the total floor area shall be the total of the area directly
beneath any roof-like structure of the building; and
(64)
Treasurer means the Treasurer of the municipality or his or her
designate.
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RULES
2. For the purpose of complying with section 6 of the Act:
(1) the area to which this By-law applies shall be the area described in
section 5 of this By-law;
(2) the rules developed under paragraph 9 of subsection 5(1) of the Act for
determining if development charges are payable under this By-law in any
particular case and for determining the amount of the charges shall be as
set forth in sections 3, 4, and 12 of this By-law;
(3) the rules for exemptions, relief, credits and adjustments shall be as set
forth in sections 6, 7, 9, 10, 11, and 13 of this By-law;
(4) the indexing of charges shall be in accordance with section 17 of this By-
law; and
(5) except as set out in the Act and this By-law, there are no other credits,
exemptions, relief or adjustments in respect of any land in the area to
which this By-law applies.
APPROVAL FOR DEVELOPMENT
3.
(1) Subject to the provisions of this By-law, development charges against
land shall be imposed, calculated and collected in accordance with the
rates set out in Schedule "B" (Town Services/Class of Services), which
relate to the services/class of services set out in Schedule "A".
(2) Development in the municipality may be subject to one or more by-laws of
the municipality and the development charges under this By-law are in
addition to any other development charges imposed by the municipality
under other by-laws.
Phasing-in of Development Charges
(3) This By-law does not provide for the phasing in of the schedule of the
base rates in Schedule "B".
Calculation of Development Charges
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Page 14
(4) The development or redevelopment of land in the municipality may be
subject to one or more development charges by-laws of the municipality.
(5) The development charge with respect to the use of any land, buildings or
structures shall be calculated as follows:
(a) in the case of residential development or redevelopment, or the
residential portion of a mixed-use or live/work development or
redevelopment, based upon the number and type of dwelling units;
(b) in the case of non-residential development or redevelopment, or
the non-residential portion of a mixed-use or live/work development
or redevelopment, based upon the total floor area of such
development.
Development and Redevelopment
(6) Council hereby determines that the development or redevelopment of
lands, buildings or structures for residential and non-residential uses will
require the provision, enlargement or expansion of services referred to in
Schedule "A", including, and without limiting the foregoing, any capital
costs associated with the development or redevelopment.
APPROVAL FOR DEVELOPMENT
4.
(1) Subject to subsection 4(2), development charges shall be calculated and
collected in accordance with the provisions of this By-law and be imposed
on land to be developed or redeveloped for residential and/or non-
residential use, where the development or redevelopment requires:
(a) the passing of a zoning by-law or an amendment thereto under
section 34 of the Planning Act;
(b) the approval of a minor variance under section 45 of the Planning
Act;
(c) a conveyance of land to which a by-law passed under subsection
50(7) of the Planning Act applies;
(d) the approval of a plan of subdivision under section 51 of the
Planning Act;
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Page 15
(e) a consent under section 53 of the Planning Act;
(f) the approval of a description under section 9 of the Condominium
Act, R.S.O.1992, c.19, as amended or successor legislation; or
(g) the issuing of a permit under the Building Code Act, in relation to a
building or structure.
(2) Subsection 4(1) shall not apply in respect to:
(a) local services, related to a plan of subdivision or within the area to
which the plan relates, to be installed or paid for by the owner as a
condition of approval under section 51 of the Planning Act;
(b) local services to be installed or paid for by the owner as a condition
of approval under section 53 of the Planning Act;
LANDS AFFECTED
5.
(1) Subject to subsection 6(1) to (6) ("Statutory Exemptions"), and
subsections 7(1) to (5) ("Non-Statutory Exemptions"), this By-law applies
to all lands in the municipality, whether or not the land or use is exempt
from taxation under section 3 of the Assessment Act.
EXEMPTIONS
6.
(1) This By-law shall not apply to land that is owned by and used for the
purposes of:
(a) a board of education;
(b) a provincial or federal crown agency;
(c) a publicly-funded university, community college or a college of
applied arts and technology established under the Ontario Colleges
of Applied Art and Technology Act, 2002, S.O 2002, c.8, Schedule
F, as amended, or
(d) any municipality or local board thereof.
Rules With Respect to Exemptions from Intensification of Existing Housing
By-Law Number: 2022-068
Page 16
(2) This By-law shall not apply to that category of exempt development or
redevelopment described in subsection 2(3) of the Act and section 2 of
O.Reg. 82/98 with respect to developments or portions of developments
relating to existing residential buildings including structures ancillary to
existing residential buildings as follows:
Item
Name of
Class of
Existing
Residential
Building
Description of Class of
Existing Residential
Buildings
Maximum
Number of
Additional
Dwelling
Units
Restrictions
1.
Existing
single,
detached
dwellings
Existing residential
buildings, each of which
contains a single
dwelling unit, that are
not attached to other
buildings.
Two
The total gross floor area of
the additional dwelling unit or
units must be less than or
equal to the gross floor area
of the dwelling unit already in
the building.
2.
Existing semi-
detached
dwellings or
row dwellings
Existing residential
buildings, each of which
contains a single
dwelling unit, that have
one or two vertical walls,
but no other parts,
attached to other
buildings.
One
The gross floor area of the
additional dwelling unit must
be less than or equal to the
gross floor area of the
dwelling unit already in the
building.
3.
Existing rental
residential
buildings
Existing residential
rental buildings, each of
which contains four or
more dwelling units.
Greater of
one and
1% of the
existing
units in the
building
None
4.
Other existing
residential
buildings
An existing residential
building not in another
class of residential
building described in this
table.
One
The gross floor area of the
additional dwelling unit must
be less than or equal to the
gross floor area of the
smallest dwelling unit
already in the building.
(3) This By-law shall not apply to that category of exempt development or
redevelopment described in subsection 2(3.1) of the Act and section 2 of
O.Reg. 82/98 with respect to developments or portions of developments
that would result in the creation of a second dwelling unit in prescribed
By-Law Number: 2022-068
Page 17
classes of new residential buildings, including structures ancillary to
residential buildings 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.
By-Law Number: 2022-068
Page 18
(4) The provisions of sections 3 and 4 above shall be amended without need
for an amendment to this By-law such that, if any amendments are made
to section 2 of the Regulation as may be applicable and as may be
amended from time to time, that the said sections shall continue to
incorporate in this By-law any required exceptions.
Rules With Respect to an "Industrial" Expansion Exemption
(5) This By-law does not apply to the enlargement of the gross floor area of
an existing industrial building, if the gross floor area is enlarged by 50
percent or less.
a. For the purpose of applying this exemption, the terms "gross floor
area" and "existing industrial building" shall have the same meaning as
those terms have in O.Reg. 82/98 made under the Act;
b. for the purpose of interpreting the definition of "existing industrial
building" contained in O. Reg. 82/98, regard shall be had to the
classification of the lands in question pursuant to the Assessment Act,
and in particular:
i. whether the lands fall within a tax class such that taxes on the
lands are payable at the industrial tax rate; and
ii. whether more than fifty percent (50%) of the total floor area of
the building has an industrial property code for assessment
purposes;
c. despite paragraph (b), self-service storage facilities and retail
warehouses are not considered to be industrial buildings;
d. in particular, for the purposes of applying this exemption, the industrial
building is considered existing if it is built, occupied and assessed for
property taxation at the time of passage of this By- law;
e. the exemption applies where there is a bona fide increase in the size
of the existing industrial building and the enlarged area is attached to
the existing industrial building, and is used for or in connection with an
industrial purpose as set out in subsection 1(1) of O. Reg. 82/98 made
under the Act. Without limiting the generality of the foregoing, this
exemption shall not apply where the enlargement is attached to the
existing industrial building by means only of a tunnel, bridge, canopy,
By-Law Number: 2022-068
Page 19
corridor or other passageway, or through a shared below-grade
connection such as a service tunnel, foundation, footing or a parking
facility; and
f. notwithstanding section 6(5)(e), where an expansion on the same lot
includes an enlargement of an existing industrial building and/or the
construction of an accessory building or structure that is incidental to
or subordinate in purpose and exclusively devoted to the existing
industrial use, then no development charges shall be payable with
respect to that portion of the accessory building or structure that is up
to and including 278.7 sq. m. (3,000 sq. ft.), where;
i. the total expansion which is exempted from the payment of
development charges, including the total of the enlargement of
the existing industrial building and the accessory building or
structure may be up to but shall not exceed 50% of the total
floor area of the existing industrial building;
ii. at least two years must have elapsed since the issuance of the
building permit for constructing the existing building or structure
containing an industrial use on the lot; and
g. The exemption for an existing industrial building provided by this
section shall be applied to a maximum of fifty percent (50%) of the
total floor area before the first enlargement for which an exemption
from the payment of development charges was granted pursuant to
this By-law or any previous development charges by-law of the
municipality made pursuant to the Development Charges Act, 1997, as
amended or its predecessor legislation.
(6) Notwithstanding subsection 6(5), if the gross floor area of an existing
industrial building is enlarged by more than 50 percent, development
charges shall be calculated and collected in accordance with Schedule
"B" on the amount by which the enlargement exceeds 50 percent of the
gross floor area before the enlargement.
7.
(1) This By-law shall not apply to land that is owned by and used for the
purposes of:
(a) an agricultural development;
(b) a seasonal structure, patio or a temporary venue;
By-Law Number: 2022-068
Page 20
(c) a part of a building or structure that is used as a public hospital
under the Public Hospitals Act, R.S.O. 1990, c. P. 40, as amended,
or successor legislation, but does not include any other lands or
buildings or structures owned by a hospital board that are used for
purposes other than as a public hospital;
(d) buildings or structures owned by and used for the purposes of a
conservation authority, unless such buildings or structures are used
primarily for or in connection with (i) recreational purposes for
which the conservation authority charges admission and/or fees, or
(ii) any commercial purposes.
(2) Despite anything else in this By-law, development charges shall not be
imposed in respect of the gross floor area of the area of worship within a
place of worship.
Cap on Coverage
(3) Notwithstanding subsection 3(5)(b), where there is non-residential
development, the development charge otherwise payable pursuant to this
By-law shall be calculated in accordance with the following:
(a) for the portion of the total floor area of such development that is
less than or equal to 2.0 times the area of the lot, the non-
residential development charges as set out in Schedule "B"
applies; and
(b) for the portion of the total floor area of such development that is
greater than 2.0 times the area of the lot, fifty percent of the non-
residential development charges as set out in Schedule "B"
applies;
(c) the land area includes the land area of the parking required for the
building, if on a separate lot; and
(d) this section does not apply to retail use or retail development.
Categories of Exempt Institutions
(4) The following categories of institutions are hereby designated as being
exempt from the payment of development charges:
By-Law Number: 2022-068
Page 21
(a) total floor area within non-residential buildings or structures used
solely for the purposes of a non-profit, licensed, day nursery for the
exclusive use by children of the employees of the owner, provided
that the day nursery is owned and operated by the owner and
located upon the lands used by the owner's primary non-residential
use or non-residentially zoned lands owned by the owner
immediately abutting the lands used by the owner for its primary
non-residential use.
Temporary Buildings
(5) Notwithstanding any other provisions of this by-law, a temporary building
or structure shall be exempt from the payment of development charges
provided that:
(a) prior to the issuance of the building permit for the temporary
building or structure, the owner shall provide to the municipality
securities in the form of a certified cheque or bank draft or a letter
of credit acceptable to the Treasurer in the full amount of the
development charges otherwise payable;
(b) within three (3) years of building permit issuance or any extension
permitted in writing by the Treasurer, the owner shall provide to the
municipality evidence, to the municipality's satisfaction, that the
temporary building or structure was demolished or removed from
the lands within three (3) years of building permit issuance or any
extension herein provided, whereupon the municipality shall return
to the owner the securities provided pursuant to subsection (a),
without interest;
(c) in the event that the owner does not provide satisfactory evidence
of the demolition or removal of the temporary building or structure
in accordance with subsection (b), the temporary building or
structure shall be deemed conclusively not to be a temporary
building or structure for the purposes of this by-law and the
municipality shall, without prior notification to the owner, transfer
the funds or draw upon the letter(s) of credit provided pursuant to
subsection (a) and transfer the amount so drawn into the
appropriate development charges reserve funds; and
(d) the timely provision of satisfactory evidence of the demolition or
removal of the temporary building or structure in accordance with
subsection (b) shall be solely the owner's responsibility.
By-Law Number: 2022-068
Page 22
LOCAL SERVICES INSTALLATION
8. Nothing in this By-law prevents council from requiring:
(a) local services, related to a plan of subdivision or within the area to
which the plan relates, to be installed or paid for by the owner as a
condition of approval under section 51 of the Planning Act;
(b) local services to be installed or paid for by the owner as a condition
of approval under section 53 of the Planning Act.
MULTIPLE CHARGES
9.
(1) Where two or more of the actions described in subsection 4(1) may be
required before land to which a development charge applies can be
developed, only one development charge shall be calculated and
collected in accordance with the provisions of this By-law.
(2) Notwithstanding subsection 9(1), if two or more of the actions described in
subsection 4(1) occur at different times, or a second or subsequent
building permit is issued, resulting in increased, additional or different
development, an additional development charge on the additional
residential units and non-residential floor area, shall be calculated and
collected in accordance with the provisions of this By-law.
DEVELOPMENT CHARGE CREDITS FOR SERVICES IN LIEU
10.
(1) Council may authorize an owner, through an agreement under section 38
of the Act, to substitute such part of the development charge applicable to
the owner's development as may be specified in the agreement, by the
provision at the sole expense of the owner, of services in lieu. Such
agreement shall further specify that where the owner provides services in
lieu in accordance with the agreement, council shall give to the owner a
credit against the related service component of the development charge in
accordance with the agreement provisions and the provisions of section
39 of the Act, equal to the reasonable cost to the Owner of providing the
services in lieu. In no case shall the agreement provide for a credit which
exceeds the total development charge payable by an owner to the
municipality in respect of the development to which the agreement relates.
By-Law Number: 2022-068
Page 23
(2) In any agreement under subsection 10(1), council may also give a further
credit to the owner equal to the reasonable cost of providing services in
addition to, or of a greater size or capacity, than would be required under
this By-law.
(3) The credit provided for in subsection 10(2) shall not be charged to any
development charge reserve fund.
DEVELOPMENT CHARGE CREDITS FOR DEMOLITION
11. If a development or redevelopment involves the demolition of and
replacement of a building or structure, or the conversion from one principal
use to another:
(1) A credit shall be allowed against the development charges otherwise
payable, provided that where a demolition permit for the demolition of a
building or structure on the site has been issued and not revoked and a
building permit has been issued for the development or redevelopment
within five years from the date of the demolition permit.
(2) The credit shall be calculated:
a. for any portion of a building or structure used for residential uses,
based on the number of dwelling units demolished and/or
converted multiplied by the applicable residential development
charge in place at the time the development charge is payable;
and/or
b. for any portion of a building or structure used for non-residential
uses, based on the total floor area of the building demolished
and/or converted multiplied by the current non-residential
development charge in place at the time the development charge is
payable.
(3) The credit can, in no case, exceed the amount of the development charge
that would otherwise be payable. Where the amount of any credit
pursuant to this section exceeds the amount of the development charge
otherwise payable under this By-law with respect to the redevelopment,
the excess credit shall be reduced to zero and shall not be carried forward
unless the carrying forward of such excess credit is expressly permitted
by a phasing plan for the development that is acceptable to the Treasurer.
By-Law Number: 2022-068
Page 24
(4) For greater certainty, where a building cannot be demolished and/or
converted until the new building is constructed, development charges will
be payable pursuant to section 12, with any refund related to the
demolition credit made, without interest, provided that an application for a
refund is made within twelve (12) months after the building permit for the
new building is issued. If more than twelve (12) months is required to
demolish the existing building, the owner shall make a written request to
the municipality and the Treasurer may extend the time in which the
existing building must be demolished in his or her sole and absolute
discretion and upon such terms and conditions as he or she considers
necessary or desirable and such decision shall be made prior to the
issuance of the first building permit for the new building.
(5) This section does not apply and no credit shall be given for a demolished
building or structure, or any part thereof, for which a demolition credit is
sought, where (a) the building or structure, or any part thereof, when
originally constructed was exempt from the payment of development
charges pursuant to this By-law, or any predecessor thereof; or (b) the
building or structure was originally constructed prior to imposition of
development charges, the building or structure as originally constructed
would be exempt under this By-law if it were built as of the date of
demolition.
TIME OF CALCULATION AND PAYMENT
12.
(1) Development charges shall be calculated and payable in full in money or
by provision of services as may be agreed upon, or by credit granted
under the Act, on the date that the building permit is issued in relation to a
building or structure on land to which a development charge applies.
(2) Where development charges apply to land in relation to which a building
permit is required, the building permit shall not be issued until the
development charge has been paid in full.
(3) Where development or redevelopment requires an action described in
subsection 4(1) after the issuance of a building permit and no
development charges have been paid, then the development charges
shall be paid prior to the granting of approval for any action required under
subsection 4(1) of this By-law.
(4) If a development or redevelopment does not require a building permit but
does require one or more of the actions described in subsection 4(1) then,
By-Law Number: 2022-068
Page 25
notwithstanding subsection 12(1) above, development charges shall
nonetheless be payable prior to the approval of the action described in
subsection 4(1).
(5) Notwithstanding subsections 12(1), 12(2), 12(3) and 12(4), in accordance
with section 26.1 of the Act and the development charge interest policy
and related procedure, 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 first
occupancy certificate issued, or first occupancy, and each subsequent
installment, including interest, payable on the anniversary date each year
thereafter.
(6) Notwithstanding subsections 12(1), 12(2), 12(3) and 12(4), in accordance
with section 26.1 of the Act and the development charge interest policy
and related procedure, development charges for non-profit housing
developments are due and payable in 21 installments commencing with
the first installment payable on the date of first occupancy certificate
issued, or first occupancy, and each subsequent installment, including
interest, payable on the anniversary date each year thereafter.
(7) In accordance with section 26.2 of the Act and the development charge
interest policy and related procedure, 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 12(1), 12(5) and 12(6) shall be calculated on
the rates set out in Schedule "B" on the date of the site plan planning
complete application, or zoning amendment complete application if a site
plan application does not apply, including interest. Where multiple
planning applications of the same type apply, development charges under
subsections 12(1), 12(5) and 12(6) shall be calculated on the rates,
including interest, set out in Schedule "B" on the date of the later planning
application, including interest.
(8) Council may enter into an agreement with an owner to make any
development charges payable earlier or later than the date provided for.
EXEMPTIONS, RELIEF AND ADJUSTMENTS NOT CUMULATIVE
13. Only one of the applicable exemption(s), relief or adjustment(s) set out in this
By-law shall be applicable to development or redevelopment. Where the
circumstances of a development or redevelopment are such that more than
By-Law Number: 2022-068
Page 26
one exemption, relief or adjustment could apply, only one exemption, relief or
adjustment shall apply and it shall be the exemption, relief or adjustment that
results in the lowest development charges being payable pursuant to this By-
law.
DEVELOPMENT NOT AS REFERENCED IN BUILDING PERMIT
14.
(1) Where a building permit is obtained and development charges are paid,
but the actual development or redevelopment which is completed is (a)
less total floor area than what had been planned and paid for, or (b) a
different type of residential use than originally planned, or (c) has fewer
dwelling units than originally planned and paid for, then a refund for the
excess of the development charges paid over the development charges
which would have been payable for the actual development or
redevelopment which was completed is only payable if:
(a) a new building permit is obtained reflecting the actual development
or redevelopment; and
(b) the application for such new building permit is filed within five (5)
years of the issuance of the initial building permit.
(2) Any such refund which may be payable pursuant to subsection 14(1)
above by the municipality shall be paid without interest.
RESERVE FUNDS
15.
(1) Monies received from payment of development charges shall be
maintained in separate reserve funds, by municipal service/class of
services, as identified in Schedule A.
(2) Monies received for the payment of development charges shall be used
only in accordance with the provisions of section 35 of the Act.
(3) Council directs the Treasurer to divide the reserve funds created
hereunder into separate sub-accounts in accordance with the service
categories set out in Schedule "A" to which the development charge
payments shall be credited in accordance with the amounts shown, plus
interest earned thereon.
(4) Income received from investment of the development charge reserve
funds shall be credited to the development charge reserve funds in
By-Law Number: 2022-068
Page 27
accordance with the town's Reserve/Reserve Fund Procedure. Interest
collected in accordance with the development charge interest policy and
related procedure shall be credited to the development charge reserve
funds in relation to which the interest applies.
(5) Where any development charge, or part thereof, remains unpaid after the
date that the development charge is first payable, the amount unpaid shall
be added to the tax roll and shall be collected as taxes.
(6) Where any unpaid development charges are collected as taxes under
subsection 15(5), the monies so collected shall be credited to the
development charge reserve funds referred to in subsection 15(1).
(7) The Treasurer shall, in each year, furnish to council a statement in respect
of the reserve funds established hereunder for the prior year, containing
the information set out in section 12 of O.Reg. 82/98.
BY-LAW AMENDMENT OR REPEAL OR COMPLAINT
16.
(1) Where this By-law or any development charge prescribed thereunder is
amended or repealed either by order of the Ontario Land Tribunal, or
successor, or by resolution of the municipal council, the Treasurer shall
calculate forthwith the amount of any overpayment to be refunded as a
result of said amendment or repeal.
(2) Refunds that are required to be paid under subsection 16(1) shall be paid
with interest to be calculated as follows:
(a) interest shall be calculated from the date on which the
overpayment was collected to the date on which the refund is paid;
(b) the refund shall include the interest owed under this section; and
(c) the Bank of Canada interest rate in effect on the date of enactment
of this By-law shall be used.
(3) Where a person disputes or files a complaint regarding the imposition or
calculation of development charges under this By-law, the Treasurer may,
but is not required to, resolve the dispute or complaint in such manner as
the Treasurer deems appropriate.
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Page 28
BY-LAW INDEXING
17. The development charges set out in Schedule "B" to this By-law shall be
adjusted annually on April 1, without amendment to this By-law, in
accordance with the most recent twelve month change in the Statistics
Canada Quarterly, Construction Price Statistics (Non-residential Building
Construction Price Index) or any successor thereto.
BY-LAW REGISTRATION
18. A certified copy of this By-law may be registered on title to any land to which
this By-law applies.
SEVERABILITY
19. If, for any reason, any provision, section, subsection or paragraph 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 or amended, in whole or in part or dealt with in any
other way.
REPEAL
20. Upon the coming into force of this By-law and effective at 12:01 am on July
13, 2022, the current Town of Oakville Development Charge By-laws 2018-
001 and 2021-016 are repealed
BY-LAW ADMINISTRATION
21. This By-law shall be administered by the Treasurer.
SCHEDULES TO THE BY-LAW
22. The following Schedules to this By-law form an integral part of this By-law:
Schedule A - Schedule of Municipal Service/Class of Services
Schedule B - Schedule of Development Charges
DATE BY-LAW EFFECTIVE
23. This By-law shall come into force and effect at 12:01 am on July 13, 2022.
By-Law Number: 2022-068
Page 29
SHORT TITLE
24. This By-law may be cited as the "Town of Oakville Development Charges By-
law, 2022".
PASSED this 12th day of July, 2022
______________________________
____________________________
MAYOR
CLERK
By-Law Number: 2022-068
Page 30
SCHEDULE A
SCHEDULE OF MUNICIPAL SERVICES/CLASS OF SERVICES
a) Services Related to a Highway
b) Fire Protection Services
c) Transit Services
d) Parks and Recreation Services
e) By-law Enforcement Services
f) Library Services
g) Growth Studies
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Page 31
SCHEDULE B
SCHEDULE OF DEVELOPMENT CHARGES
NON-
RESIDENTIAL
Single and
Semi-
Detached
Dwelling
Multiples
Apartments
- 2
Bedrooms +
Apartments
- Bachelor
and 1
Bedroom
Special
Care/Speci
al Dwelling
Units
(per sq.ft. of
Gross Floor
Area)
Municipal Wide Services/Class of Service:
Services Related to a Highway
21,993
16,280
11,038
8,322
6,567
10.08
Transit Services
856
634
430
324
256
0.39
Fire Protection Services
1,524
1,128
765
577
455
0.70
Parks and Recreation Services
18,593
13,763
9,332
7,035
5,552
0.96
Library Services
1,779
1,317
893
673
531
0.09
Growth Studies
568
420
285
215
170
0.25
By-law Enforcement
18
13
9
7
5
0.01
Total Municipal Wide Services/Class of
Services
45,331
33,555
22,752
17,153
13,536
12.48
RESIDENTIAL
Note: The development charges described in Schedule B are applicable on the date
this By-law comes into effect (12:01 am on July 13, 2022).These development
charges shall be adjusted annually in accordance with section 17 of this By-law.