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The Corporation of the Town of Orangeville
By-law Number 2024-060
Being a by-law to Establish Development Gharges for
Town Wide and Area-Specific Services
Whereas the Development Charges Act, 1997 (the "ACT") provides that the council of a
municipality may by By-law impose development charges against land to pay for
increased capital costs required because of increased needs for services; and
Whereas a development charge background study has been completed in accordance
with the ACT; and
Whereas the Council of the Corporation of the Town of Orangeville (the "Council") has
given notice of the proposed development charges by-law and development charge
background study and held a public meeting on the 16th day of September,2024 and
has heard all persons who applied to be heard and considered all submissions in
accordance with the ACT and the regulations thereto; and
Whereas the Council has by Resolution determined in accordance with section 12 of the
Development Charges Act, 1997, that no further public meetings were required; and
Whereas the Council had before it a development charge background study entitled
"The Town of Orangeville 2024 Development Charges Background Study" by Watson &
associates Economists Ltd., dated August 8,2024 (hereinafter referred to as the
"Study"), wherein it is indicated that the development of certain lands within an area of
the Town of Orangeville will increase the need for the services as defined herein; and
Whereas the Council on August8,2024 received the Study, pursuant to the
Development Charges Acl 1997 and have thereafter indicated its intent by Resolution
that it intends to ensure that the increase in the need for services attributable to the
anticipated development will be met;
Watson & Associates Economists Ltd.
https://orangeville.escribemeetings.com
ICM_Ocl07 _2O24leSCRlBE Documents/eSCRIBE
Raw Attachments/27lDC By-law.docx
PAGE G.1
Now therefore the Council of the Corporation of the Town of Orangeville enacts as
follows:
1.
DEFINITIONS
1.1. ln this By-law, the following items shall have the corresponding meanings
1) "Act" means the Development Charges Act, 1997, S.O. 1997, c. 27 as
amended, or any successor thereof;
2) "Accessory Use" means a use of land, a building or a structure which is
naturally and normally incidental and subordinate in purpose and/or floor
atea, and exclusively devoted to, the principal use of such land, building or
structure;
3) "Affordable Residential Unit" means a Residential Unit that meets the criteria
set out in subsection 4.1 of the Act;
4) "Apartment Unit" means any residential dwelling unit within a building
containing three or more dwelling units where access to each residential unit
is obtained through a common entrance or entrances from the street level
and the residential units are connected by an interior corridor, and includes
Stacked Townhouses;
5) "Agricultural Use" means a bona fide farming operation, including barns,
silos, and other ancillary buildings to such agricultural development for the
purposes of the growing of field crops, flower gardening, truck gardening,
berry crops, tree crops, nurseries, aviaries, apiaries, maple syrup production,
mushroom cultivation or farms for the grazing, breeding, raising, boarding of
livestock or any other similar uses carried on in the field of general agriculture
and aquaculture. Agricultural use does not include the development of a
single detached dwelling on agricultural land, nor does it include a building
for the growing or processing of cannabis;
6) "Ancillary Residential Use" means a residential dwelling that would be
ancillary to a single detached dwelling, semi-detached dwelling, or row
dwelling;
7) "Assembly Plant" means a building to which parts for consumer goods are
delivered, stores, and assembled into consumer goods and shipped;
PAGE 2
8) "Attainable Residential Unit" means a residential unit that meets the criteria
set out in subsection 4.1 of the Act;
9) "Back-to-Back Townhouse Dwelling" means a building containing three or
more dwelling units separated vertically by a common wall, including a rear
common wall, which do not have rear yards;
10) "Bedroom" means a habitable room larger than seven square meters,
including a den, study or other similar area, but does not include a living
room, dining room or kitchen;
11) "Benefiting Area" means an area defined by a map, plan or legal description
in a front-ending agreement as referred to under Section 44 of the Act as an
area that will receive a benefit from the construction of a service;
12) "Board of Education" has the same meaning as set out in the Education Act,
R.S.O. 1990, Chap. E.2, as amended, or any successor thereof;
13) "Bona Fide Farm Uses" means the proposed development will qualify as a
farm business operating with a valid Farm Business Registration Number
issued by the Ontario Ministry of Agriculture, Food and Rural Affairs and be
assessed in the Farmland Realty Tax Class by the Ontario Property
Assessment Corporation ;
14) "Building Code Act" means the Building Code Act, 1992 S.0. 1992, c.23, as
amended, or any successor thereof.
15) "Capital Costs" means costs incurred or proposed to be incurred by the
municipality or a local board thereof directly or under an agreement,
(a) to acquire land or an interest in land,
(b) to improve land,
(c) to acquire, construct or improve buildings and structures,
(d) to acquire, construct or improve facilities including
(i) rolling stock, furniture, and equipment with an estimated useful life
of seven years or more,
PAGE 3
(ii) materials acquired for circulation, reference or information
purposes by a library board as defined in the Public Libraries Act,
1984,S.O. 1984, c. 57,
(iii) furniture and equipment, other than computer equipment,
(e) to undertake studies in connection with any matter under the Act and
any of the matters in clauses (a) to (d) above, included the
development charge background study required for the provision of
services designated in this By-law or within or outside the Town,
including interest of borrowing for those expenditures under clauses
(a) to (e).
16) "Cannabis Plant" means a plant that belongs to the genus "Cannabis."
17) "Cannabis Production Facilities" means a Building, or part thereof, designed,
used, or intended to be used for one or more of the following: cultivation,
growing, propagation, production, processing, harvesting, testing, alteration,
destruction, storage, packaging, shipment, or distribution of Cannabis where
a license, permit, or authorization has been issued under applicable federal
law but does not include a building or part thereof solely designed, used, or
intended to be used for retail sales of Cannabis;
18) "Cemetery" means lands, buildings, or structures used in connection to a
churchyard, cemetery, burying ground or burial site that is exempt from
taxation under section 3 of the Assessment Act',
19) "Charitable Dwelling" means a residential building, a part of a residential
building or the residential portion of a mixed-use building maintained and
operated by a corporation approved under the Charitable lnstitutions Act,
R.S.O. 1990, c. C.9, for persons requiring residential, specialized or group
care and charitable dwelling includes a children's residence under the Child
and Family Seryices AcL R.S. O. 1990, c. C.11, a home or a joint home under
the Homes for the Aged and Rest Homes Acl R.S. O. 1990, c. H.13, an
institution under the Mental Hospitals Acl R.S.O. 1990, c. M.8, a nursing
home under the subsection 2 (1) of the Long-Term Care Homes Act, 2007;
20) "Correctional Group Home" means a residential building or the residential
portion of a mixed-use building containing a single housekeeping unit
PAGE 4
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 its agency, or by
public subscription or donation, or by any combination thereof, and licensed,
approved or supervised by the Province of Ontario as a detention or
correctional facility under any general or special act and amendments or
replacement thereto. A correction group home may contain an office
provided that the office is used only for the operation of the correctional
group home in which it is located. A correctional group home shall not
include any detention facility operated or supervised by the Federal
Government, nor any correctional institution or secure custody and detention
facility operated by the Province of Ontario;
21) "Commercial Use" means the use of land, structure or building for the
purpose of buying and selling of commodities and supplying of services as
distinguished from manufacturing or assembling of goods, also as
distinguished from other purposes such as warehousing and/or an open
storage yard;
22) "Council" means the Council of the Town of Orangeville;
23) "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;
24) "Development Charge" means a charge imposed pursuant to this By-law;
25) "Duplex" means a building comprising, by horizontal division, two (2) dwelling
units, each of which has a separate entrance to grade;
26) "Dwelling Unit" means any part of a building or structure used, designed, or
intended to be used as a domestic establishment in which one or more
persons may sleep and are provided with culinary and sanitary facilities for
their exclusive use;
27) "Existing lndustrial Building" means a building used for or in connection with
(a) manufacturing, producing, processing, storing, or distributing
something;
PAGE 5
(b) research or development in connection with manufacturing, producing,
or processing something;
(c) retail sales by a manufacturer, producer, or processor of something
they manufactured, produced, or processed, if the retail sales are at
the site where the manufacturing, production or processing takes
place;
(d) office or administrative purposes if they are
(i) carried out with respect to manufacturing, producing, processing,
storage or distributing of something, and
(ii) in or attached to the building or structure used for that
manufacturing, producing, processing, storage, or distribution;
28) "Farm Building" means that part of a bona fide farm operation encompassing
barns, silos, and other ancillary development to an agricultural use, but
excluding a residential use and an on-farm diversified use;
29) "Front-end Payment" means a payment made by an owner pursuant to a
front-ending agreement, which may be in addition to a development charge
that the owner is required to pay under this by-law, to cover the net capital
costs of the services designated in the agreement that are required to enable
the land to be developed;
30) "Front-ending Agreement" means an agreement made under Section 44 of
the Act between the municipality and any or all owners within a benefitting
area providing for front-end payments by an owner or owners or for the
installation of services by an owner or owners or for the installation of
services by an owner or owners or any combination thereof;
31) "Grade" means the average level of finished ground adjoining a building or
structure at all exterior walls;
32) "Gross Floor Area" means the total area of all floors above grade of a
dwelling unit measured between the outside surfaces of exterior walls or
between the outside surfaces of exterior walls and the centre line of party
walls dividing the dwelling unit from another dwelling unit or other portion of a
building;
PAGE 6
a) in the case of a residential building or structure, the total area of all
floors above grade of a dwelling unit measured between the outside
surfaces of exterior walls or between the outside surfaces of exterior
walls and the centre line of party walls dividing the dwelling unit from
any other dwelling unit or other portion of a building; and
b) in the case of a non-residential building or structure, or in the case of a
mixed-use building or structure in respect of the non-residential portion
thereof, the total area of all building floors above or below grade
measured between the outside surfaces of the exterior walls, or
between the outside surfaces of exterior walls and the centre line of
party walls dividing a non-residential use and a residential use;
33) "Group Home" means a residential building or the residential portion of a
mixed-use building containing a single housekeeping unit which may or may
not be supervised on a24-hour basis on site by agency staff on a shift
rotation basis, and funded wholly or in part by any government or its agency,
or by public subscription or donation, or by any combination thereof and
licensed, approved or supervised by the Province of Ontario for the
accommodation of persons under any general or special act and
amendments or replacements thereto. A group home may contain an office
provided that the office is used only for the operation of the group home in
which it is located;
34) "Hospice" means a building or portion of a mixed-use building designed and
intended to provide palliative care and emotional support to the terminally ill
in a home or homelike setting so that quality of life is maintained, and family
members may be active participants in care;
35) "lndustrial" means lands, buildings or structures used or designed or
intended for use for manufacturing, processing, fabricating or assembly of
raw goods, warehousing or bulk storage of goods, and includes office uses
and the sale of commodities to the general public where such uses are
accessory to an industrial use, but does not include the sale of commodities
to the general public through a warehouse club, or any land, buildings or
structures used for an agricultural use;
36) "lndustrial Use" means all of the industrial uses permitted by Zoning By-law
number 22-90 of the Town as amended or any successor thereof;
PAGE 7
37) "lnstitutional" 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
Fixing Long-Term Care Homes Act, 2021;
b) as a retirement home within the meaning of subsection 2 (1) of the
Retirement Homes Act, 201 0;
c) by any institution of the following post-secondary institutions for the
objects of the institution:
(i) a university in Ontario that receives direct, regular, and ongoing
operation funding from the Government of Ontario;
(ii) a college or university federated or affiliated with a university
described in subclause (i); or
(iii) an lndigenous lnstitute prescribed for the purposes of section 6
of the lndigenous lnstitute Act, 2017;
38) "Live-work Unit" means a Building, or part of thereof, which contains, or is
intended to contain, both a Dwelling Unit and non-residential unit and which
is intended for both Residential Use and Non-residential Use concurrently,
and shares a common wall or floor with or without direct access between the
residential and non-residential uses;
39) "Local Board" has the same meaning as in the Act;
40) "Local Services" means those services, facilities or things which are under
the jurisdiction of the municipality and are related to an application for
consent or to a plan of subdivision or within the area to which the plan relates
and are to be installed or paid for by the owner as a condition of approval
under Sections 51 or 53 of the Planning Act, R.S.0. 1990, c.P.13, as
amended, or any successor thereof;
41) "Long-term Care Home" means a residential building or the residential
portion of a mixed-use building within the meaning of subsection 2 (1) of the
Long-Term Care Homes Act,2007;
42) "Mixed Use" means land, buildings or structures used, or designed or
intended for use, for a combination of residential and non-residential uses;
PAGE 8
43) "Mobile Home" means any dwelling that is designed to be made mobile, and
constructed or manufactured to provide a permanent residence for one or
more persons, but does not include a travel trailer or tent trailer;
44) "Municipality" means The Corporation of the Town of Orangeville;
45) "Net Developable Hectare" means a buildable hectare of land but shall not
include public highways, private roads (other than driveways) which are
designed for the circulation of traffic in the same manner as public highways,
and lands defined as hazard lands;
46) "Non-profit housing development" means development of a building or
structure intended for use as residential premises by:
a) a corporation without share capital to which the Corporations Act
applies, that is in good standing under that Act and whose primary
objective is to provide housing;
b) a corporation without share capital to which the Canada Not-for-profit
Corporation Act applies, that is in good standing under that Act and
whose primary objective is to provide housing; or
c) a non-profit housing co-operative that is in good standing under the
Co-operative Corporations Act.
47) "Non-Residential Use" means a building or structure of any kind whatsoever
used, designed, or intended to be used for other than a residential use;
48) "On-Farm Diversified Use" means a use occurring entirely and exclusively
within a detached building that is secondary and subordinate to the active
and principle agricultural use occurring on a property. Such uses shall be
integrated within a farm cluster of buildings which must include a dwelling,
and may include, but are not limited to, uses that produce value added
agricultural products or provide a service that is supportive of agri-business;
49) "Other Multiples" means all dwellings other than single-detached, semi-
detached, apartment, and special care/special dwelling units;
PAGE 9
50) "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;
51) "Place of Worship" means land that is owned by and used for the purposes of
worship within a place of worship, a churchyard, cemetery, or burial ground
exempt from taxation under section 3 of the Assessment Act, R.S.O., 1990,
c. A.31, as amended, and includes related administrative, assembly, and
associated space, but does not include portions of such buildings or
structures used for any commercial or institutional use, including but not
limited to daycare facilities, private schools, or banquet facilities;
52) "Planning Act" means the P/anning Act,1990, as amended;
53) "Rate" means the interest rate established weekly by the Bank of Canada for
treasury bills having a term of 30 days;
54) "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 residential to non-residential or from non-residential to
residential;
55) "Regulation" means any regulation made pursuant to the Act;
56) "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.
57) "Residential Use" means land or buildings, or structure of any kind
whatsoever used, designed, or intended to be used as living
accommodations for one or more individuals;
58) "Retirement Home or Lodge" mans a residential building or the residential
portion of a mixed-use building which provides accommodation primarily for
retired persons or couples where each private bedroom or living
accommodation has a separate private bathroom and separate entrance
from a common hail 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;
PAGE 10
59) "Rowhouse Dwelling" means a building containing three or more attached
dwelling units in a single row, each of which dwelling units has an
independent entrance from the outside and is vertically separated from any
abutting dwelling unit;
60) "School Board" has the same meaning as that specified in the Education Act,
R.S.O. 1990, c. E.2, as amended or any successor thereto;
61) "Semi-Detached Dwelling" means a dwelling unit in a residential building
consisting of two dwelling units having one vertical wall or one horizontal
wall, but no other parts, attached or another dwelling unit where the
residential units are not connected by an interior corridor;
62) "Services" (or "service") means those services and class of services
designated in Schedule "A" to this by-law or specified in an agreement made
under Section 44 of the Act;
63) "Service Standards" means the prescribed level of services on which the
schedule of charges in Schedule "B" are based;
64) "Servicing Agreement" means an agreement between a landowner and the
municipality relative to the provision of municipal services to specified lands
within the municipality;
65) "Single Detached Dwelling Unit" means a residential building consisting of
one dwelling unit and not attached to another structure and includes a mobile
home;
66) "Special Care/Special Need Dwelling" means a Building, or part of a Building
a) containing two or more Dwelling Units which units have a common
entrance from street level;
b) where the occupants have the right to use, in common with other
occupants, halls, stairs, yards, common rooms and accessory
Buildings;
c) that is designed to accommodate persons with specific needs,
including but not limited to, independent permanent living
arrangements;
PAGE 11
d) where support services, such as meal preparation, grocery shopping,
laundry, housekeeping, nursing, respite care and attendant services
are provided at any one or more various levels; and
e) the residential building or the residential portion of a mixed-use
building maintained and operated as a Long-term Care Home under
subsection 2 (1) of the Long-Term Care Homes Act,2007 .
and includes, but is not limited to, Retirement Home or Lodge, Charitable
Dwelling, Group Home (including a Correctional Group Home), Hospice,
and Long-term Care Home;
67) "Stacked Townhouse Dwelling" means a Building, or part of a building,
containing two or more dwelling units where each Dwelling Unit is separated
horizontally and/or vertically from another Dwelling Unit by a common wall
and having direct separate access to an exterior ground level main
entrance/exit'
68) "Town" means The Corporation of the Town of Orangeville;
69) "Townhouse Dwelling" means a dwelling unit in a building divided vertically
into no less than three nor more than eight dwelling units attached by
common walls extended from the base of the foundation to the roof line, each
dwelling unit having a separate entrance at grade, and includes a Backto-
Back Townhouse.
70) "Warehouse" means a building to which goods of every nature are delivered,
stored and from which such goods are shipped when storage is no longer
required;
2.
DESIGNATION OF SERVICES
2.1
It is hereby declared by the Council of the Town that all development of land
within the Town will increase the need for services.
2.2
Once this By-law is in force, the development charge applicable to a
development as determined under this By-law shall apply without regard to
the services required or used by any individual development.
PAGE 12
2.3
Development charges shall be imposed for the following categories of Town-
Wide and Area Specific services/class of services to pay for the increased
capital costs required because of increased need for services arising from
development.
Town-Wide Services
a) Services Related to a Highway
b) Fire Protection Services
c) Parks and Recreation Services
d) Library Services
e) Policing Services
f) Transit Services
g) Water Services
h) Wastewater Services
i) Stormwater Services
Area-Specific Services
a) Services Related to a Highway
b) Water Services
c) Wastewater Services
d) Stormwater Services
2.4
The services and class of services designated in section 2.3 are provided in
Schedule A.
3.
Application of By-law Rules
3.1 For the purpose of complying with section 6 of the ACT
1) The rules developed under paragraph 9 of subsection 5(1) of The ACT for
determining if a development charge is payable in any particular case and
for determining the amount of the charge shall be as set forth in section
3.2 through 3.13 of this By-law;
2) The exemptions provided for by such rules shall be the exemptions set
forth in section 3.8 and 3.9 of this By-law, and the indexing of charges
shall be in accordance within section 3.7 of this By-law;
PAGE 13
3) Determining the development changes payable on the redevelopment or
conversion of land shall be in accordance with the rules set forth in section
3.10 of this By-law;
4) The area to which this By-law applies shall be the area described in
section 3.2 of this By-law
Lands Affected
3.2
Application
3.3
Subject to the conditions and limitation contained herein, this By-law applied
to all lands located within the Town of Orangeville.
1) Development charges shall apply to lands to be developed with
a) residential units;
b) commercial buildings;
c) institutional buildings; and
d) industrial buildings.
2) ln the case of a development containing more than one use as described
in subsection 1), development charges payable shall be the total of the
development charges for each use.
3) ln the case of residential development, charges set out in Schedule B
shall be imposed on residential uses of lands, buildings or structures,
including a dwelling unit accessory to a residential use and, in the case of
a mixed-use building or structure, on the residential uses in the mixed-use
building or structure, and the residential portion for a Live-Work unit,
according to the type of residential unit, and calculated with respect to the
services according to the type of residential use;
4) ln the case of non-residential development, charges described in
Schedule B to this by-law shall be imposed on non-residential uses of
lands, buildings, or structures, and, in the case of a mixed-use building or
structure, on the non-residential uses in the mixed-use building or
structure, including the non-residential portion for a Live-Work unit, and
PAGE 14
calculated with respect to the services according to the total floor area of
the non-residential use;
Approvals Subject to Development Gharges
1) Subject to subsection 2) a development charge shall be calculated, paid
and collected in accordance with the provisions of this by-law, where the
development requires;
a) the passing of a zoning By-law or of an amendment to a zoning By-
law under section 34 of the Planning Act;
the approval of a minor variance under section 45 of the Planning Act;
b) a conveyance of land to which a By-law passed under subsection
50(7) of the Planning Act applies;
c) the approval of a plan of subdivision under section 51 of the Planning
Act;
d) a consent under section 53 of the Planning Act;
e) a consent under section 53 of the Planning Act;
f) the approval of a description under section 50 of the Condominium
Act; or
g) the issuing of a permit under the Building Code Act, in relation to a
building or structure.
2) Subsection (1) shall not apply in respect of local services to be installed or
paid as a condition of approval under Section 51 and 53 of the Planning
Act;
3) Nothing in this by-law prevents Council from requiring, as a condition of an
agreement under Sections 51 or 53 of the Planning Act, that the owner, at
his or her own expense, shall install or pay for such Local Services, as
Council may require.
lmposition of Development Charges
Subject to section 3.7 , 3.8,3.9, and 3.10, the development charges set forth
in Schedule "B" hereto shall be imposed, without phasing in, on all lands
within the Town of Orangeville.
3.4
3.5
PAGE 15
3.6
Subject to section 3.7, 3.8, 3.9, and 3.10, the area-specific development
charges set forth in Schedule "C" hereto shall be imposed, without phasing in,
on all lands within the respective benefitting areas provided in Schedules D,
E, F, and G.
Indexing
3.7
Development charges imposed pursuant to this By-law shall be adjusted
annually, without amendment to this By-law, commencing on the first
anniversary date of this By-law and each anniversary date thereafter while
this by-law is in force in accordance with the prescribed index in the ACT.
Exemptions for lntensification of Existing Housing
1) This by-law shall not apply to that category of exempt development
described in the Development Charges Act, 1997, c.27 and O. Reg. 82198,
namely:
a) an enlargement to an existing dwelling unit;
b) A second residential unit in an existing detached house, semi-
detached house, or rowhouse on a parcel of land on which residential
use, other than ancillary residential use, is permitted, if all buildings
and structures ancillary to the existing detached house, semi-detached
house or rowhouse cumulatively contain no more than one residential
unit;
c) A third residential unit in an existing detached house, semi-detached
house, or rowhouse on a parcel of land on which residential use, other
than ancillary residential use, is permitted, if no building or structure
ancillary to the existing detached house, semi-detached house or
rowhouse contains any residential units;
d) One residential unit in a building or structure ancillary to an existing
detached house, semi-detached house or rowhouse on a parcel of
land, if the existing detached house, semi-detached house or
rowhouse contains no more than two residential units and no other
building or structure ancillary to the existing detached house, semi-
detached house or rowhouse contains any residential units;
3.8
PAGE 16
e) A second residential unit in a new detached house, semi-detached
house or rowhouse on a parcel of land on which residential use, other
than ancillary residential use, is permitted, if all buildings and
structures ancillary to the new detached house, semi-detached house
or rowhouse cumulatively will contain no more than one residential
unit;
f) A third residential unit in a new detached house, semi-detached house
or rowhouse on a parcel of land on which residential use, other than
ancillary residential use, is permitted, if no building or structure
ancillary to the new detached house, semi-detached house or
rowhouse contains any residential units;
g) One residential unit in a building or structure ancillary to a new
detached house, semi-detached house or rowhouse on a parcel of
land, if the new detached house, semi-detached house or rowhouse
contains no more than two residential units and no other building or
structure ancillary to the new detached house, semi-detached house or
rowhouse contains any residential units; or
h) ln an existing rental residential Building, which contains four or more
residential Dwelling Units, the creation of the greater of one residential
Dwelling Unit or one percent of the existing residential Dwelling Units.
Other Exemptions
3.9
1) No land, except land owned by and used for the purposes of a Board of
Education, a municipality or a local board thereof is exempt from a
development charge by reason only that it is exempt from taxation under
Section 3 of the Assessment Act.
2) Notwithstanding subsection 1), this By-law shall not apply to land that is
used for the purposes of a Cemetery.
3) Notwithstanding subsection 1), a 50o/o exemption is applicable to a Place
of Worship.
4) lf a development includes the enlargement of the gross floor area of an
existing industrial building, the amount of the development charge that is
payable in respect of the enlargement will be determined as follows:
PAGE 17
a) lf the gross floor area is enlarged by 50% or less, the amount of the
development charge in respect of the enlargement is zero; and
b) lf the gross floor area is enlarged by more than 50%, the amount of the
development charge in respect of the enlargement is the amount of the
development charge that would otherwise be payable multiplied by the
fraction determined as follows:
(i) Determine the amount by which the enlargement in gross floor
area exceeds 50% of the gross floor area in existence at the time
of the building permit application; and
(ii) Divide the amount determined under paragraph (i) by the amount
of the enlargement.
c) For greater certainty, where a proposed enlargement exceeds fifty
percent (50%) of the Gross Floor Area of an Existing lndustrial
Building, Development Charges are payable on the amount by which
the proposed enlargement exceeds fifty percent (50%) of the Gross
Floor Area before the enlargement; and
d) The cumulative total of the Gross Floor Area previously exempted
hereunder shall be included in the determination of the amount of the
exemption applicable to any subsequent enlargement.
5) Notwithstanding the provisions of this By-law, development charges shall
not be imposed on:
a) land vested in or leased to a university that receives regular and
ongoing operating funds from the government for the purposes of post-
secondary education if the development is intended to be occupied
and used by the university;
b) Non-profit Housing;
c) Affordable inclusionary residential units;
d) Affordable residential units; and
e) Attainable residential units.
PAGE 18
Redevelopment
3.10
1) lf an existing building is demolished and replaced with a new building(s), a
credit shall be given against the development charge otherwise payable
pursuant to this By-law for the demolished building, the credit to be an
amount equal to the development charge that would be applied to the
demolished building if it were being developed as a new building with the
use of the demolished building determined as its most recent legal use
before the demolition, and the credit being calculated based on the
applicable development charge for that use as of the date on which the
development charge is payable for the new building(s) in accordance with
Schedule "8" to this By-law.
2) lf an existing building or a portion of an existing building is converted to
another use, a credit shall be given against the development charge
othenruise payable pursuant to this By-law for the converted building or
portion of building, the credit to be an amount equal to the development
charge that would be applied to the converted building of the converted
portion of building if it were being developed as a new building with the
use of the building or portion of building determined as its most recent
legal use before the conversion took place, and the credit being calculated
based on the applicable development charge for that use as of the date on
which the development charge is payable for the conversion of the
building in accordance with Schedule "B" to this By- law.
3) Notwithstanding subsection 1), the credit described therein shall apply
provided that a building permit is issued within two years of the date of
issue of a permit for demolition or change of use or conversion permit.
4) ln no case shall the credit described in subsections 1) and 2) exceed the
total development charges payable for the new or converted building(s).
Timing and Calculation of Payment
3.11 Subject to the provisions of this by-law, development charges shall be
calculated, paid and collected at the rates as set out in Schedule "B" to this
by-law.
PAGE 19
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 by
the Act, on the date that the first building permit is issued in relation to a
building or structure on land to which a development charge applies, or in
a manner or at a time otherwise lav,rfully agreed upon.
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) Development charges for rental housing and institutional developments
are due and payable in 6 equal instalments commencing with the first
instalment payable on the date of occupancy, and each subsequent
instalment, including interest, payable on the anniversary date each year
thereafter.
4) Where the development of land results from the approval of a Site Plan or
Zoning By-law Amendment made on or after January 1,2020, and the
approval of the application occurred within the period of building permit
issuance as specific in section 26.2(5) of the Act, the development
charges under subsection (1) shall be calculated based on the rates set
out in Schedule "8" on the date the planning application was made.
Where both planning applications apply, development charges under
subsections (1) shall be calculated on the rates set out in Schedule "B", on
the date of the latter planning application, including interest.
5) lnterest for the purposes of rule (3) and (4) shall be determined as
prescribed in the Development Charges Act, as amended from time to
time.
6) Notwithstanding Subsections (1), (2), and (3), an owner may enter into an
agreement with the municipality to provide for the payment in full of a
development charge before building permit issuance or later than the
issuing of a building permit.
Unpaid Gharges
3.12 lf a development charge of any part of it remains unpaid after it is payable,
the amount unpaid shall be added to the tax roll and shall be collected in the
same manner as taxes.
PAGE 20
3.13 Where any unpaid Development Charges are collected as taxes, the monies
so collected shall be credited to a Development Charge reserve fund.
4.
Headings for Reference Only
The headings inserted in this By-law are for convenience of reference only and
shall not affect the construction or interpretation of this By-law.
5.
Severability
lf, 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 of
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.
6.
Date By-law in Force
This by-law shall come into force and effect at 12:01 a.m. on October 8,2024
7.
Additional Development Gharges
Additional development charges may be imposed pursuant to other By-laws
8.
Transfer of Credit
As provided for in subsection 41(2) of the Act, a credit under any other by-law
enacted by the Council, pursuant to the Act, may be used, subject to the
discretion of the Council, against any Development Charge imposed by this By-
law.
9.
By-Law Registration
A certified copy of this by-law may be registered on title to any land to which this
by-law applies.
10. SCHEDULES TO THE BY.LAW
The following schedules to this by-law form an integral part of this by-law:
Schedule A - Schedule of Designated Town-wide and Area-Specific Services
PAGE 21
Schedule B - Schedule of Residential and Non-residential Development
Charge Services for Town-wide Services
Schedule C -Schedule of Residential and Non-Residential Development
Charges for Area-Specific Services
Schedule D - Schedule of Lands to Which Area-Specific Charges Apply -
Services Related to a Highway
Schedule E - Schedule of Lands to Which Area-Specific Charges Apply -
Wastewater Services
Schedule F - Schedule of Lands to Which Area-Specific Charges Apply -
Water Services
Schedule G - Schedule of Lands to Which Area-Specific Charges Apply -
Stormwater Services
Read three times and finally passed this 7th day of October, 2024
Lis
Post, Mayor
rn
Raylene Martell, Town Clerk
PAGE22
Schedule A
Schedule of Designated Town-wide and Area-Specific Services/Class of Services
Town-wide Services
1. Services Related to a Highway
2. Transit Services
3. Fire Protection Services
4. Parks and Recreation Service
5. Library Services
6. Growth-related Studies (Class of Service)
7. Water Services
8. Wastewater Services
L Stormwater Services
Area-Specific Services
1. Services Related to a Highway
2. Wastewater Services
3. Water Services
4. Stormwater Services
PAGE 23
Schedule B
Schedule of Residential and Non-residential Development Charge Services for Town-wide Services
3.32
0.56
o.52
0.10
1.68
0.22
1.24
$7.64
2.47
2.98
0.77
$6.22
$7.64
$r3.86
$9,787
$6,66'l
$9,787
$16,448
3,1 94
426
497
99
3,969
522
1.080
2,885
3,492
284
3,U7
446
521
104
4,158
547
1.132
$10,25s
3,022
3,659
297
$6,978
$17,233
$10,255
6,063
808
944
188
7,533
990
2,050
${8,576
5,476
6,629
539
${2,O{4
$31,220
${8,576
7,944
1,059
1,237
246
9,868
1,297
2,686
$a,337
7,174
8,684
706
$15,s64
$24,337
$40,901
9,620
1,282
1,498
298
11,951
1,571
3,253
s29,473
8,688
10,517
855
$2o,060
]29,473
$49,53:t
Total Town-Wide Se rviceslGlass of Services
Total Urban Seryices
GRAND TOTAL RURAL AREA
GRAND TOTAL URBAN AREA
Town-Wide Seruices/Class of Services:
Senices Related to a Highway
Transit Senices
Fire Protection Seniices
Policing Senices
Parks and Recreation Senices
Library Services
Growth-Related Studies
Town-Wide Urban Services
Wastewater Senices
Water Seruices
Stormwater Seniices
Apartments -
Bachelor and 1
Bedroom
NON-RESIDENTIAL
(per sq.ft of Gross
Floor Area)
Other Multiples
Se rvices/Glass of Se rvices
Units
Dwelli
RESIDENTIAL
Dwelli
Apartments - 2
Bedrooms +
Special
Care/Special
Single and Semi-
Detached
PAGE24
Schedule C
Schedule of Residential and Non-Residential Development Charges for Area-Specific Services
$14,803
$23,903
$5,1 76
$7,216
$7,847
$26,738
$12,058
$6,713
912,701
$5,689
$12,222
$1 9,166
$21,727
$0
$0
$5,037
$9,529
$8,252
Roads and Related Services
Roads - RSPI
Water Services
Water - WD-1
Water - WD-2
Water - WD-3
Water - WD-4
Water - WD-s
Water - WD€
Waslewater Seruices
Wastewater - SS1
Wastewater - SS3
Wastewater - SS4
Stomwater Ma nagement Services
Stormwater Management - SWM1
Stormwater Management - SWM2
Stormwater Management - SWM3
Stormwater Management - SWM4
Stormwater Management - SWMS
Stormwater Management - SWM6
Stormwater Management - SWM 3/4 Ext.1
Stormwater Management - SWM 314 Ext.2
$/Net Developable
Hecta re
Services
PAGE 25
Schedule D
Schedule of Lands to Which Area-Specific Charges Apply - Services Related to a Highway
"1t
s
is\SRoAs
?f$h Drwe
Fannington
.!
p
Purple Hill
ry
6
Lz
',,,:n
'rF,
w
G %
,9L
\lr
,{qi
\i3d
t!9
1!9
Crarafraxa
/94
'ot^
Prwim of Oltari0, TM of Oiangtritle, Esi Csda Ee:. 1mTqA C€miq Satr€pt\ ceofi$rdogieA
t s6s. EPA
NPs,lrsCru
turfs caoada
PAGE 26
Schedule E
Schedule of Lands to Which Area-Specific Charges Apply - Wastewater Services
C)€rigFu,//e
4
5s\09g0^9
trtocb &'W€
isj
(9
Purple Hitl
W
ac
, 11,
\,.
Rs
,p
+1,
ill
Garafrara
2gr.
'Q+^
4b
P@!frE ot Ontanq IM of Oragqilq E$i Camda. !$i, TmTqq G3a|in, Saf€GcFh G€aFi}rclogig,
Nps. us€&deeribar
o3f
4!
-d-
fic, Mrn/NASA t SGS, EPA
USDA NRCan, Parts Canada
PAGE27
Schedule F
Schedule of Lands to Which Area-Specific Charges Apply - Water Services
frerct' O*e
w
s
.Purple l$il
@
o
Cz
4
''.,',,,'1."
r
,,_t
, -
,.,
@
@
@
'tr
G
.
b
G
$s
Gar"fsa
'9,s
Prd&* doftato. T(s.f otztgfllh Ei
s
CaEdi. Esi. Tomtdn ca.ri4
NPS, t'S
PAGE 28
Schedule G
Schedule of Lands to Which Area-Specific Charges Apply - Stormwater Services
0
S\{SA/4 Ext 2
Slr'ltB/4 Ett 1
Sl!t{3/'f
iiil
"l6i
5sloeFoFo
fGt'i
D(Ne
p
I
Purple Hill
zo
s
'a
-!+
.1iD
(p
'&
tr+6
34
'.3 i
fi&
$i
ro0
Garatraxa
hqire of Ootario, TM of CJrangsine, Esi Can da, Esi. TmTqR GamiD Saf€CEph
InC
EpA
NPS,
NRfae
${rada
PAGE 29