Development Charges By-law 2022-068 (Town of Oakville)

Oakville, Ontario · No. 2022-068 · adopted 2022-07-12 · summary & facts

This is the exact embedded text of the captured official document. Snapshot da5db96f7572 · verified 2026-10-28 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

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: By-Law Number: 2022-068 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; By-Law Number: 2022-068 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; By-Law Number: 2022-068 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; By-Law Number: 2022-068 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; By-Law Number: 2022-068 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; By-Law Number: 2022-068 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 By-Law Number: 2022-068 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 By-Law Number: 2022-068 Page 12 (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. By-Law Number: 2022-068 Page 13 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 By-Law Number: 2022-068 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; By-Law Number: 2022-068 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. By-Law Number: 2022-068 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 By-Law Number: 2022-068 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.