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BY-LAW NUMBER 2023-009 OF THE CITY OF ORILLIA
A BY-LAW FOR THE IMPOSITION OF DEVELOPMENT CHARGES
WHEREAS subsection 2(1) of the Development Charges Act, 1997, S.O.
1997, c. 27, as amended (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 arising from development of the area
to which the by-law applies;
AND WHEREAS a Development Charges Background Study for the City of
Orillia (the "City") was prepared by Hemson Consulting Ltd. and dated December 15,
2022 (the "Study") as required by section 10 of the Act, and was presented to Council
along with a draft of this by-law as then proposed and was completed within a one-year
period prior to the enactment of this by-law;
AND WHEREAS notice of a public meeting was given pursuant to
subsection 12(1) of the Act and in accordance with the regulations under the Act, on or
before December 21,2022;
AND WHEREAS copies of the Study and this proposed by-law were made
available to the public in accordance with subsections 10(4) and 12(1) of the Act;
AND WHEREAS a public meeting was held on January 16, 2023 in
accordance with the Act to hear comments and representations from all persons who
applied to be heard (the "Public Meeting");
AND WHEREAS at the Public Meeting, the Council of the Corporation of
the City of Orillia had before it the Study, wherein it is indicated that the development of
any land within the City of Orillia will increase the need for services as defined herein;
AND WHEREAS the Council of the Corporation of the City of Orillia has
heard all persons who applied to be heard no matter whether in objection to, or in support
of, the development charges proposal at the Public Meeting, and the public was generally
afforded the opportunity to make written submissions relating to this proposed by-law and
the Study;
AND WHEREAS the Council of the Corporation of the City of Orillia on
January 16, 2023 adopted the Study, and supporting staff report dated January 3, 2023;
AND WHEREAS by the recommendations identified in the staff report
approved by the Council of the Corporation of the City of Orillia on January 16, 2023,
Council determined that the increase in the need for services attributable to the
anticipated development as contemplated in the Study, as modified, including any Capital
costs, will be met by updating the Capital budget and forecast for the City and provided
that sufficient development charges revenues are generated, where appropriate;
AND WHEREAS by resolution adopted by the Council of the Corporation of
the City of Orillia on February 13, 2023, Council approved the Study, and supporting staff
reports, and determined that no further public meetings were required under subsection
12(3) of the Act;
AND WHEREAS by the recommendations identified in the staff report
approved by the Council of the Corporation of the City of Orillia on January 16, 2023,
Council determined that the future excess capacity identified in the Study, shall be paid
for by the development charges contemplated in the Study, or other similar charges;
AND WHEREAS the Council of the Corporation of the City of Orillia has
given consideration of the use of more than one development charges by-law to reflect
different needs for services in different areas, also Known as area rating or area specific
development charges, and has determined that for the services and associated
infrastructure proposed to be funded by development charges under this by-law, that it is
fair and reasonable that the charges be calculated on a municipal-wide uniform basis;
AND WHEREAS the Study includes a Cost of Growth Analysis that deals
with all assets whose Capital costs are intended to be funded under this by-law, and that
such assets are considered to be financially sustainable over their full life-cycle;
AND WHEREAS the Council of the Corporation of the City of Orillia
approved the asset management plan outlined in the Study and gave consideration to
incorporate the asset management plan identified in the Study within the City's ongoing
practices and corporate asset management strategy.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
CITY OF ORILLIA ENACTS AS FOLLOWS:
1.
In this by-law,
1.1 DEFINITIONS
The following words and terms shall have the following definitions in this by-law
to the extent that they are not in conflict with any definitions in the Act:
"Act" means the Development Charges Act, 1997, S.O. 1997, c. 27,
includes the Regulations passed under the Act;
(1)
(2)
"apartment dwelling" means any residential dwelling unit within:
a)
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;
b) a commercial building.
(3)
"bedroom" means a habitable room larger than seven square metres,
including a den, study or other similar area, but does not include a living
room, dining room or kitchen;
(4)
"benefiting area" means an area defined by a map, plan or legal description
in a front-ending agreement as an area that will receive a benefit from the
construction of a service;
(5)
"board of education" means a "board" as defined in the Education Act,
R.S.0.1990, c. E.2;
(6)
"building or structure" means a structure occupying an area greater than ten
(10) square metres consisting of walls and a roof or a structural system
serving the same purpose as defined in the Building Code and including
carports and cloth, plastic or vinyl materials supported by structural frames
but does not include awnings or an exterior storage tank;
"building code" means O. Reg. 332/12;
(7)
(8)
"Building Code Act' means the Building Code Act, 1992, S.O. 1992, c. 23,
and all Regulations passed thereunder;
(9)
"building permit" means a permit issued in accordance with the Building
Code Act,
(10) "capital costs" means a "capital cost" as defined in subsection 5(3) of the
Act;
(11) "commercial use" means any non-residential building not defined under
"institutional" or "industrial";
(12) "council" means the Council of the Corporation of the City of Orillia;
(13) "city" means the Corporation of the City of Orillia;
(14) "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 total floor area,
and includes redevelopment;
(15) "development charges" means a charge imposed pursuant to this by-law;
(16)
"duplex" means a building that is divided horizontally into two (2) dwelling
units each of which has an independent entrance either directly or through
a common vestibule;
(17)
"dwelling unit" means a combination of rooms in which a kitchen, living
quarters and sanitary conveniences are provided for habitation for the
exclusive use of the residents and with a private entrance from outside the
building or from a common hallway or stairway inside. It may include a
modular home constructed in accordance with the building code and C.S.A.
A-277 Regulations;
(18)
"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 other dwelling unit or other portion of a
building;
In the case of a non-residential building or structure, or in the case of a
mixed use building or structure in respect of the non-residential portion
thereof, the total area of all building floors above or below grade measured
between the outside surfaces of the exterior walls, or between the outside
surfaces of exterior walls and the centre line of party walls dividing a non-
residential use and a residential use, except for:
(a)
a room or enclosed area within the building or structure above or
below grade that is used exclusively for the accommodation of
heating, cooling, ventilating, electrical, mechanical or
telecommunications equipment that service the building;
(b)
loading facilities above or below grade; and
(c)
a part of the building or structure below grade that is used for the
parking of motor vehicles or for storage or other accessory use;
(19)
"industrial use" means the use of lands, buildings or structures in
connection with:
manufacturing, producing, processing, storing or distributing an
item;
(a)
(b)
research or development in connection with manufacturing,
producing or processing an item;
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;
(c)
(d)
office or administrative purposes, if they are:
i) carried out with respect to manufacturing, producing, processing
storage or distribution
ii) in or attached to the building or structure used for that
manufacturing, producing, processing, storage or distribution;
(20)
"institutional use" means those services, facilities or things which are under
the jurisdiction of the Municipality and are related to a development or within
the area to which the development relates in respect of the lands under
Sections 41, 51 or 53 of the Planning Act as amended or any successor
thereto;
(21)
"local services" means those services, facilities or things which are under
the jurisdiction of the Municipality and are related to a development or within
the area to which the development relates in respect of the lands under
Sections 41, 51 or 53 of the Planning Act as amended or any successor
thereto;
(22)
"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 motor home, travel trailer or tent
trailer;
(23)
"multiple dwellings" means, for the purposes of this by-law, a townhouse
dwelling or dwelling type other than a single-detached, semi-detached,
duplex or apartment dwelling;
(24)
"non-residential uses" means land, Buildings or Structures or portions
thereof used, or designed or intended to be used for a use other than for a
Residential Use and includes all commercial, industrial and institutional
uses;
(25)
"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;
(26)
"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 use to non-residential use or from non-
residential use to residential use;
(27)
"residential uses" means land, buildings or structures or portions thereof
used, designed, or intended to be used principally (or primarily) as living
accommodation for one or more individuals;
(28)
"semi-detached dwelling" means the whole of a building divided vertically
into two (2) separate dwelling units;
(29)
"services" means services designated in this by-law including Schedule A
to this by-law or in an agreement made pursuant to section 44 of the Act, or
both;
(30)
"single detached dwelling" means a residential building consisting of one
dwelling unit and not attached to another structure and includes mobile
homes;
(31)
"temporary building or temporary structure" means a building or structure
constructed or erected or placed on land for a continuous period not
exceeding eight (8) months, or an addition or alteration to a building or
structure that has the effect of increasing the total floor area thereof for a
continuous period not exceeding eight (8) months;
(32)
"townhouse dwelling" means a dwelling unit in a building divided vertically
into no less than three (3) and no more than eight (8) 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;
(33)
All words and phrases used in this by-law that have been defined in the Act
and that are not defined in this by-law shall have the same meaning as
those words and phrases in the Act.
2.0 IMPOSITION OF DEVELOPMENT CHARGES
2.1
A Development Charge shall be calculated and collected in accordance with the
provisions of this by-law and shall be imposed on land to be developed for
Residential Use or Non-Residential Use, or both, where the Development requires:
categories of services for which development charges are imposed under this by
law are as follows:
(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,
(e)
a consent under section 53 of the Planning Act,
(f)
the approval of a description under section 9 of the Condominium Act, 1998,
S.O. 1998, c. 19; or
(g)
the issuing of a permit under the Building Code Act, in relation to a building
or structure.
3.0 APPLICATION OF THIS BY-LAW
3.1 This by-law shall apply to all lands within the Corporation of the City of Orillia.
Nothing in this by-law prevents the approval authority or Council, as the case may
be, 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 local
services as the approval authority or Council may require.
3.2
4.0 CALCULATION OF DEVELOPMENT CHARGES - GENERAL
The total amount of Development Charges shall be calculated pursuant to
Schedule "B" and "C" of this by-law, in accordance with section 26.1 or section
26.2 of the Act.
4.1
Where sections 26.1 and 26.2 of the Act do not apply, the total amount of
Development Charges shall be calculated as of the date the first Building Permit
is issued for Development.
4.2
4.3
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 or as otherwise required in accordance with the Act.
Notwithstanding Sections 4.1 and 4.2 of this by-law, an Owner and Council may
enter into an agreement to provide for the payment in full of a Development Charge
before Building Permit issuance or later than the issuing of a Building Permit, in
accordance with section 27 of the Act.
4.4
4.5
If a Development does not require a Building Permit, the Development Charges
shall be calculated in full at the rate in effect at the time the applicable approval
required for the Development as set out in Section 2.1 of this by-law is granted.
4.6 Where Subsection 26.1(7) or 26.2(3) of the Act apply to a development for the
purposes of determining the amount of the development charge, interest shall be
charged on the development charge at a rate not to exceed the maximum rate
establish in the Act.
5.0 INDEXING OF THE DEVELOPMENT CHARGES
Development Charges shall be increased, if applicable, semi-annually without
amendment to this by-law, on the first day of January and the first day of July, of
each year, commencing July 1,2023, using the Statistics Canada Quarterly, Non-
Residential Building Construction Price Index, in accordance with the Act.
5.1
6.0 CALCULATION OF DEVELOPMENT CHARGES - RESIDENTIAL USES
The development charges described in Schedule "B" to this by-law shall be
imposed on residential uses of lands, buildings or structures, including a dwelling
unit accessory to a non-residential use and, in the case of a mixed use building or
structure, on the residential uses in the mixed use building or structure, according
to the type of residential unit, and calculated with respect to each of the services
according to the type of residential use.
6.1
7.0 CALCULATION OF DEVELOPMENT CHARGES - NON-RESIDENTIAL USES
The development charges described in Schedule "C" 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, and calculated with respect to each of the services according
to the gross floor area of the non-residential use.
7.1
8.0 EXEMPT BUILDINGS
The following buildings are exempt from Development Charges:
8.1
(a)
buildings owned and used by the City or Area Municipality, or any board of
education used for school purposes;
(b) an enlargement of the gross floor area of an existing industrial building in
accordance with Section 4 of the Act;
(c)
the issuance of a building permit in accordance with Section 2(3) of the Act.
9.0 REDEVELOPMENT
In accordance with Sections 9.2, 9.3 & 9.4 where there is a Redevelopment,
conversion, demolition or change of use of a Building or Structure or part thereof,
the Development Charges payable by the new or proposed Development shall be
reduced by the amount of Development Charges which were paid for the previous
use of the Building or Structure.
9.1
No reduction of Development Charges shall apply where a Building or Structure or
part thereof has been demolished and no Building Permit has been issued within
48 months from the date of issuance of the demolition permit authorizing the
demolition of the Building or Structure.
9.2
9.3
Notwithstanding subsection 9.2, if the date of issuance of the demolition permit
was during the calendar year of 2020 then no reduction of Development Charges
shall apply where a Building or Structure or part thereof has been demolished and
no Building Permit has been issued within 60 months from the date of issuance of
the demolition permit authorizing the demolition of the Building or Structure.
9.4
Reduction of Development Charges with respect to a Redevelopment, conversion,
demolition, or change of use of a Building or Structure or part thereof shall not
exceed the amount of the Development Charges payable with respect to new or
proposed Development.
9.5
No reduction of Development Charges shall be applied with respect to the
Redevelopment, conversion, demolition, or change of use of a Building or
Structure or part thereof where the existing Building or Structure or part thereof
would be exempt from Development Charges in accordance with this by-law.
10.0 PAYMENT OF DEVELOPMENT CHARGES
10.1 Development Charges shall be payable in full on the date that the first Building
Permit is issued.
10.2 Notwithstanding subsection 10.1, the component of the development charge with
respect to roads, sanitary sewer sewerage, waterworks and storm water
management services set out in Schedule "B" and Schedule "C", shall be payable,
with respect to an approval of a Plan of subdivision under Section 51 of the
Planning Act, immediately upon entering into the Subdivision Agreement, unless
otherwise provided for by an Agreement under Section 27 of the Act. The balance
of the applicable charge is payable upon issuance of the building permit.
10.3 Despite Section 10.1, where multiple Building Permits are required for
Development, Development Charges shall be payable in full, on the date that the
first Building Permit is issued.
10.4 Despite Section 10.1, if a Development consists of two (2) or more phases that will
not be constructed concurrently and are anticipated to be completed in different
years, each phase of the Development is deemed to be a separate Development
for the purposes of the payment of Development Charges.
10.5 Except as otherwise provided in this by-law, a Building Permit shall not be issued
until the Development Charges have been paid in full.
11.0 WRITTEN AGREEMENTS WITH THE CITY
11.1 The City is authorized to enter into the following agreements to provide for:
(a)
a credit for the reasonable cost of providing Services in addition to, or of a
greater size or capacity, than would be required under this by-law pursuant
to section 38 of the Act whereby the credit shall not exceed the service
standard used in the calculation of the Development Charges, and no credit
shall be charged to any Development Charges reserve fund prescribed in
this by-law or exceed the proportion of the Development Charges related to
that Service payable to the City:
(b)
all or any part of a Development Charge to be paid before or after it would
otherwise be payable pursuant to section 27 of the Act;
for front-ending of Services pursuant to section 44 of the Act.
(c)
11.2 This by-law shall prevail over any previous agreements between a property owner
and the City with respect to the payment of impost fees, lot levies or Development
Charges. However, where fees or charges have been paid for services included in
this by-law pursuant to an agreement that was registered on the title of the lands
prior to the enactment of this by-law, the City shall apply that fee or charge to
reduce the amount of applicable Development Charges that are payable.
12.0 REFUNDS
12.1 Refunds of Development Charges that have been paid will be made, without
interest, where:
(a)
a Building Permit that was issued for which Development Charges were
paid to the City is subsequently revoked;
(b)
Development Charges have been paid at the time of issuance of a Building
Permit and a reduction in accordance with Section 9 of this by-law is
subsequently identified, and the Owner files a written request to the Director
of Finance that the amount of the reduction be refunded;
(c)
Development Charges have been paid at the time of or prior to the issuance
of a Building Permit and the Building Permit is subsequently revised by the
local municipality's Chief Building Official or designate, resulting in an
overpayment of Development Charges to the City; or
(d)
a clerical, typographical, factual or similar error, has occurred with respect
to the calculation of a Development Charge which resulted in an
overpayment to the City.
12.2
Where this by-law or any Development Charges paid hereunder Is amended or
repealed by order of the Ontario Land Tribunal or by Council or a complaint is
allowed by Council or the Ontario Land Tribunal, the City shall forthwith pay the
appropriate refund together with interest, calculated in accordance with the Act.
13.0
ADMINISTRATION
13.1
This by-law shall be administered by the Treasurer of the City.
14.0
RESERVE FUNDS
14.1
Monies received from payment of Development Charges shall be maintained in
separate reserve funds, and shall be used only to meet the growth-related net
Capital costs for which Development Charges were collected under this by-law.
14.2
Where any Development Charges, or part thereof, remains unpaid after the due
date, the unpaid amount shall be added to the tax roll and shall be collected as
taxes. Where any unpaid Development Charges are collected as taxes, the monies
so collected shall be credited to the applicable Development Charges reserve
funds.
14.3
The Treasurer shall, in each year on or before July 1, commencing in 2024 for the
2023 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.
14.4
The Treasurer shall make available to the public, the statement set out in Section
15.3, as well as a list of projects whose Capital costs were funded under a
Development Charges by-law during the year and the manner in which any portion
of the Capital cost not funded under the by-law was or will be funded.
INTEREST ON DEFERRALS AND FREEZE
15.0
15.1
The City may charge interest on installments required by Section 26.1 (3) of the
Act from the date the development charge would have been payable in accordance
with Section 26 of the Act to the date the installment is paid.
15.2
Where Section 26.2 (1) (a) or (b) of the Act applies, the City may charge interest
on the development charge from the date of the application referred to in the
applicable clause to the date the development charge is payable under Section
26.2 (3) of the Act.
15.3
The City may determine, by Council resolution or policy external to this by-law:
interest rates in relation to subsections 16.1 and 16.2.
16.0 SCHEDULES
16.1
The following schedules to this by-law form an integral part of this by-law:
Schedule "A" - Classifications of Services;
Schedule "B" - Residential Development Charges;
Schedule "C" - Non-Residential Development Charges.
17.0 GENERAL
17.1 This by-law comes into full force and effect on February 13, 2023 and all other
Development Charges by-laws are hereby repealed.
17.2 Unless repealed earlier, or unless the term of the by-law is altered by legislation
this by-law expires ten (10) years from the day it comes into force.
17.3 Where in this by-law the context so requires, words in the singular include the
plural and words in the plural include the singular, and words importing the
masculine gender include feminine and neutral gender.
17.4 Any reference to a statute or regulation in this by-law includes all amendments,
consolidations, replacements thereto and any successor legislation.
17.5 Any portion of this by-law found to be invalid shall be severed, and the balance of
the by-law shall be deemed to be valid and enforceable and shall be construed
without reference to the invalid portions.
BY-LAW introduced and passed this 13th day of February, A.D. 2023.
CUkh
MAYOR
jCjZRiC
SCHEDULE "A" TO BY-LAW 2023-009 OF THE CITY OF ORILLIA
CLASSIFICATION OF SERVICES
Library Services
Fire Services
Indoor Recreation
Park Development, Facilities, and Fleet
Services Related to a Highway:
-Public Works
-Roads & Related
Transit
Waste Diversion Services
Paramedic Services
(Emergency Medical Services)
Long-Term Care
Wastewater
Water
Stormwater
SCHEDULE "B" TO BY-LAW 2023-009 OF THE CITY OF ORILLIA
RESIDENTIAL DEVELOPMENT CHARGES
Residential Charge By Unit Type
Apartments
Bachelor & 1
Bedroom
Single &
Semi-Detached
Apartments
2 Bedrooms +
Other Multiples
Library Services
Fire Services
Indoor Recreation
Park Development, Facilities & Fleet
Services Related To A Highway: Public Works
Transit
Waste Diversion Services
Paramedic Services
Long Term Care
Social Housing
Growth-Related Studies
$966
$902
$758
$531
$956
$893
$750
$525
$2,623
$4,344
$2,810
$4,653
$2,204
$3,650
$1,543
$2,555
$844
$788
$463
$662
$1,259
$741
$1,349
$1,058
$548
$512
$301
$430
$212
$125
$227
$178
$486
$286
$520
$408
$0
$0
$0
$0
$0
$0
$0
$0
$12,019
$7,070
Subtotal General Services
$12,873
$10,098
$6,603
$5,180
$3,346
$1,558
$6,164
$3,982
$1,854
$3,626
$2,342
Services Related To A Highway: Roads And Related
Wastewater
$4,265
$1,986
$1,091
Water
$859
$802
$674
$472
Stormwater
$12,802
$10,758
$7,531
$13,713
Subtotal Engineered Services
$14,601
$26,586
$20,856
$24,821
TOTAL CHARGE PER UNIT
SCHEDULE "C" TO BY-LAW 2023-009 OF THE CITY OF ORILLIA
NON-RESIDENTIAL DEVELOPMENT CHARGES
Non-Residential
Adjusted
Charge per
Square Metre
Service
$0.00
Library Services
Fire Services
Indoor Recreation
Park Development, Facilities & Fleet
Services Related To A Highway: Public Works
Transit
Waste Diversion Services
Paramedic Services
Long Term Care
Social Housing
Growth-Related Studies
$5.99
$0.00
$0.00
$5.31
$8.50
$0.00
$1.43
$0.00
$0.00
$0.00
$21.23
Subtotal General Services
$41.49
$27.36
$12.68
$5.49
Services Related To A Highway: Roads And Related
Wastewater
Water
Stormwater
$87.02
Subtotal Engineered Services
$108.25
TOTAL CHARGE PER SQUARE METRE