By-law 2024-33 - Development Charges By-law

Penetanguishene, Ontario · No. 2024-33 · adopted 2024-08-14 · summary & facts

This is the exact embedded text of the captured official document. Snapshot c797482691c9 · verified 2026-10-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

THE CORPORATION OF THE TOWN OF PENETANGUISHENE BY-LAW 2024-33 Being a By-law to establish development charges for the Town of Penetanguishene and to repeal Penetanguishene Development Charge By- law 2019-49 WHEREAS Subsection 2(1) of the Development Charges Act, S.O. 1997, as amended, 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 the development of the area to which the by-law applies; AND WHEREAS Council has before it a report entitled "Development Charges Background Study", the Town of Penetanguishene, as amended, dated August 14, 2024 (the "Study"); AND WHEREAS Notice of Public Meeting was given pursuant to Section 12 of the Act on or before June 20, 2024 and copies of the Study and the proposed development charge by-law were made available to the public not later than June 26, 2024; AND WHEREAS a Public Meeting was held on July 10, 2024 to hear comments and representations from all persons who applied to be heard (the "Public Meeting"); AND WHEREAS Council at its August 14, 2024 meeting adopted the following recommendations: a) THAT Council indicate that it intends to ensure that the increase in the need for services attributable to the anticipated development will be met, subject to sufficient development charge revenues being generated and other Town affordability criteria being met; b) AND THAT Council indicate its intent that the future excess capacity identified in the Study shall be paid for by the development charges or other similar charges; c) AND FURTHER THAT Council adopt the Development Charges calculated in the Development Charges Background Study dated August 14, 2024, effective September 1, 2024; d) AND FINALLY THAT Council adopt the capital forecasts prepared in conjunction with the Development Charges Background Study for the Town of Penetanguishene dated August 14, 2024; AND WHEREAS Council determined that no further public meetings were required under Section 12 of the Act and the Clerk be directed to bring forward the necessary by-law. NOW THEREFORE be it enacted and it is hereby enacted by the Council of The Corporation of the Town of Penetanguishene as follows: 1. Definitions In this By-law, 1.1 "Act" means the Development Charges Act, 1997, S.O. 1997, c.27 as amended; 1.2 "accessory" means, when used to describe a use, building or structure, a use, building or structure that is normally incidental and/or subordinate, and is exclusively devoted to a main use and/or building and/or structure, and is located on the same lot therewith; 1.3 "agricultural use" means a use of land, buildings, or structures for the production of crops, animal husbandry or other similar uses normally associated with agriculture; 1.4 "air-supported structure" means an air supported structure as defined in the Building Code Act; 1.5 "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; 1.6 "Board of Education" means a board of education, French or English, Public school board, Secondary school board, Catholic school board or Protestant school board; 1.7 "building or structure" means a structure occupying an area greater than 15 square metres consisting of a wall, roof and floor or any of them or a structural system serving the function thereof, but does not include a farm building, but does include an air supported structure and an exterior storage tank; 1.8 "Building Code Act" means the Building Code Act, S.O. 1992, Chapter 23, as amended and all Regulations thereto including the Ontario Building Code, 1997, as amended or any successor legislation thereof; 1.9 "capital cost" means costs incurred or proposed to be incurred by the Town 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, and ii) 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, and e) to undertake studies in connection with any matter under the Act and any matters in clauses a) to d) above, required for the provision of services designated in this By-law within or outside the Town, including interest on borrowing for those expenditures under clauses a) to d) above that are growth-related; 1.10 "Council" means the Council of The Corporation of the Town of Penetanguishene; 1.11 "County" means the County of Simcoe or a local board of the County. 1.12 "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 gross floor area, or the making of an addition or alteration of a building or structure which has the effect of creating a new dwelling unit which did not exist at the time of the passage of this By-law, and includes re-development; 1.13 "Development Charge" means a charge imposed with respect to growth- related net capital costs against land in the Town under this By-law pursuant to the Act; 1.14 "dwelling, apartment" means a building consisting of four or more dwelling units which have a common entrance from the street level, and the occupants of which have the right to use in common halls and/or stairs and/or elevators and/or yards and/or storage and/or laundry rooms and facilities; 1.15 "dwelling, duplex" means a dwelling unit in a building having a maximum of two dwelling units; 1.16 "dwelling, semi-detached" means a dwelling unit in a building that is divided vertically into two dwelling units that share a common wall above and below grade; 1.17 "dwelling, single detached" means a dwelling unit in a building containing only one dwelling unit, but does not include a mobile home; 1.18 "dwelling, townhouse" means a dwelling unit in a building that is vertically divided above and below grade into a minimum of three dwelling units, each of which has an independent entrance to the outside to the front, rear and/or side of the building and a yard abutting at least two of the exterior walls of each dwelling unit; 1.19 "dwelling unit" means one or more habitable rooms designed, occupied, or intended to be occupied as living quarters as a self-contained unit and shall, at a minimum, contain sanitary facilities, a kitchen, and accommodation for sleeping; 1.20 "dwelling, multiple" means a dwelling unit in a building containing four or more dwelling units each with an entrance that is independent or through a shared hallway, landing and/or external stairwell; 1.21 "farm building" means a farm building as defined in the Building Code Act; 1.22 "floor" includes a paved, concrete, wooden, gravel, or dirt floor; 1.23 "front-ending agreement" means an agreement made under Section 44 of the Act between the Town and any or all owners within the benefiting area providing for front-end payments by an owner or owners or any combination thereof; 1.24 "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; 1.25 "gross floor area" means the sum total of the total areas of all floors in a building or structure, whether at, above, or below-grade, measured between the exterior faces of the exterior walls of the building or structure or from the centre line of a common wall separating two uses, of from the outside edge of a floor that does not meet an exterior of common wall, and: a) includes the floor area of a mezzanine and air-supported structure and the space occupied by interior wall partitions; b) excludes any parts of the building or structure used for the parking and loading of vehicles; and c) where a building does not have any walls, the gross floor area shall be the sum total of the area of land directly beneath the roof of the building and the total areas of all floor in the building or structure. 1.26 "growth-related net capital cost" means the portion of the net capital cost of services that is reasonably attributable to the need for such net capital cost that results or will result from development in all or a defined part of the Town; 1.27 "local board" means a municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities, excluding a school board and a conservation authority; 1.28 "local services" means those services, facilities or things which are within the boundaries of, about or are necessary to connect lands to Services and where an application has been made in respect of the lands under sections 50 and 52 of the Planning Act, R.S.O. 1990 c.P.13; 1.29 "mezzanine" means a mezzanine as defined in the Building Code Act; 1.30 "mixed-use" means lands, buildings or structures used, designed or intended to be used for both residential and non-residential uses; 1.31 "non-residential" means land, buildings or structures or portions thereof used, or designed or intended to be used for a use other than for a residential dwelling unit; 1.32 "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; 1.33 "protracted" means in relation to a temporary building or structure the persistence of its construction, erection, placement on land, alteration or, of an addition to it, for a continuous period exceeding eight (8) months; 1.34 "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, or part thereof, from residential to non-residential or from non- residential to residential; 1.35 "regulation" means any regulation made pursuant to the Act; 1.36 "rental housing development" means development of a building or structure with four or more Dwelling Units all of which are intended for use as rented residential premises; 1.37 "residential use" means the land, buildings or structures or portions thereof used, designed or intended to be used as living accommodation for one or more individuals; 1.38 "services" means services designated in this By-law including Schedule "A" to this By-law or in agreement under section 44 of the Act, or both; 1.39 "service standards" means the prescribed level of services on which the Schedule of Charges in Schedules "B" and "C" are based; 1.40 "temporary building or 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; 1.41 "Town" means The Corporation of the Town of Penetanguishene; 1.42 "Zoning By-law" means the Zoning By-law or By-laws passed under Section 34 of the Planning Act and in force and effect in the Town, or part thereof; 2. Rules For the purpose of complying with Section 6 of the Act: 2.1 the area to which this By-law applies shall be the area described in Section 3 of this By-law; 2.2 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 Development Charge shall be as set forth in this By-law; 2.3 the exemptions provided for such rules shall be the exemptions set forth in Section 12 of this By-law: 2.4 the indexing of Development Charges shall be in accordance with Section 9 of this By-law; and 2.5 the phasing of Development Charges or no phasing shall be as provided in Section 10 of this By-law; 2.6 the redevelopment of land shall be in accordance with the rules set forth in Section 12 of and Section 17 of this By-law. 3. Lands Affected 3.1 This By-law applies to all lands in the geographic area of the Town, subject to the following: a) Development Charges for municipal sanitary sewer services, as identified on Schedules "B" and "C" of this By-law, will not be levied against development of land that will not receive sanitary sewer services from the Town at the time of development; and b) Development Charges for municipal water services, as identified on Schedules "B" and "C" of this By-law, will not be levied against development of land that will not receive municipal water services from the Town at the time of development. 4. Designation of Services 4.1 It is hereby declared by Council that all development of land within the area to which this By-law applies will increase the need for services. 4.2 The Development Charge applicable to a development as determined under this By-law shall apply without regard to the services required or used by an individual development, subject to subsection 3.1 (a) and (b) of this By-law. 4.3 Development Charges shall be imposed and Reserve Funds established for the categories of services designated on Schedule "A" of this By-law to pay for the increased capital costs required because of increased needs for services arising from development. 5. Approvals for Development 5.1 Development charges shall be imposed against all lands, buildings or structures within the area to which this By-law applies if the development of such lands, buildings or structures requires any of the following approvals: a) the passing of a zoning by-law or of 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 50 of the Condominium Act, or; g) the issuing of a permit under the Building Code Act, 1992 in relation to a building or structure. 5.2 No more than one Development Charge for each service designated in subsection 4.3 of this By-law shall be imposed upon any lands, buildings or structures to which this By-law applies even though two or more of the actions described in Subsection 5.1 are required before the lands, buildings or structure can be developed. 5.3 Notwithstanding Subsection 5.2, if two or more of the actions described in Subsection 5.1 occur at different times, additional Development Charges shall be imposed in respect of any increased or additional development permitted by that action. 5.4 Where a development requires an approval described in Subsection 5.1 after the issuance of a building permit and no Development Charge has been paid, then the Development Charge shall be paid prior to the granting of the approval required under Subsection 5.1. 5.5 If a development does not require a building permit but does require one or more of the approvals described in Subsection 5.1, then the Development Charge shall nonetheless be payable in respect of any increased or additional development permitted by such approval required for the increased or additional development being granted. 5.6 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, install such local services related to a plan of subdivision or within the area to which the plan or consent relates, as Council may require or that the owner pay for local connections to storm drainage facilities installed at the owner's expense, or administrative, processing or inspection fees. 6. Calculation of Development Charges 6.1 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 the residential portion of a mixed-use development, based upon the number and type of dwelling units; or b) in the case of non-residential development, or the non-residential portion of a mixed-use development, based upon the gross floor area of such development. 7. Amount of Charge - Residential 7.1 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 component of the mixed use building or structure, according to the type of residential use. 8. Amount of Charge - Non-Residential 8.1 The Development Charges described in Schedule "C" to this By-law shall be imposed on non-residential uses of lands, buildings or structures, including a non-residential use accessory to a dwelling unit and, in the case of a mixed use building or structure, on the non-residential component of the mixed use building or structure, according to the type of non-residential use. 9. Indexing of Development Charges 9.1 The Development Charges set out in Schedules "B" and "C" attached hereto shall be adjusted without amendment to this By-law annually on January 1st in each year, commencing January 1st, 2025, in accordance with the most recent twelve month change in the Statistics Canada Quarterly, Construction Price Statistics (catalogue number 62-007). 10. Phasing, Timing of Calculation and Payment 10.1 The residential Development Charges set out in this By-law are not subject to phasing-in and are payable in full, subject to the exemptions and credits herein from the effective date of this By-law. 10.2 The non-residential Development Charges set out in this By-law are not subject to phasing-in and are payable in full, subject to the exemptions and credits herein from the effective date of this By-law. 10.3 Subject to Section 17 (with respect to redevelopment) and Subsection 10.4 below, the Development Charge shall be calculated as of, and shall be payable, on the date the first building permit is issued in relation to a building or structure on land to which the Development Charge applies. 10.4 Notwithstanding Subsection 10.3 above, the Town may require an owner to enter into an agreement, including the provision of security for the owner's obligations under agreement, pursuant to Section 27 of the Act providing for all or part of a Development Charge to be paid before or after it otherwise would be payable. The terms of such agreement shall then prevail over the provision of this By-law. 11. Payment by Money or the Provision of Services 11.1 Payment of Development Charges shall be by cash or by cheque. 11.2 In the event that payment is made by cheque, payment shall be deemed to be made when the funds are credited to the Town's bank account. In the event of an NSF cheque, service charges as set out in the Town's Composite Fee By-law will apply in addition to the amount of the outstanding Development Charge. 11.3 In the alternative to payment by the means provided in Subsection 11.1 above, the Town may, at its sole discretion and by way of an agreement entered into with the owner, accept the provision of services in full or partial satisfaction of the Development Charge otherwise payable provided that: a) if the credit exceeds the amount of the charge for the service to which the work relates, i) the excess amount shall not be credited against the charge for any other service, unless the Town has so agreed in an agreement under Section 38 of the Act; and ii) in no event shall the Town be required to make a cash payment to the credit holder. 11.4 If a Development Charge or 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 pursuant to Section 32 of the Act. 11.5 In the event that a Development Charge under this By-law is paid and the person required to pay the development charge or the person's agent wishes to complain to Council that: a) The amount of the development charge was incorrectly determined; or b) a credit is available to be used against the development charge; or c) such credit was incorrectly determined; or d) there was an error in the application of the Development Charge By-law the complainant shall follow the procedures set out in Section 20 of the Act. 11.6 Nothing in this By-law prevents Council from requiring, as a condition of any approval given under the Planning Act that the Owner, at the Owner's expense, install such local services as Council may require in accordance with the Town's Engineering Standards and such policies which may be in effect at the time. 12. Exemptions and Discounts Relating to Residential Intensification and Rental Housing Developments 12.1 No Development charge shall be imposed when an existing Dwelling Unit is enlarged. 12.2 Notwithstanding the provisions of this By-law, no development charge shall be imposed for the intensification of existing rental residential buildings, or the creation of additional dwelling units in new or existing residential buildings pursuant to sections 2(3), 2(3.1), 2(3.2) and 2(3.2) of the Act. 12.3 Development charges payable for Rental Housing Developments, where all of the Dwelling Units are intended to be used as rented residential premises, shall be reduced based on the number of bedrooms in each Dwelling Unit as follows: a) 3 or more bedrooms - 25% reduction; b) 2 bedrooms - 20% reduction; and c) All other quantities of bedrooms - 15% reduction. 13. Rules with respect to Credits for Services or Lot Levies 13.1 Section 17 of Ontario Regulation No. 82/98 as amended under of the Development Charges Act applies only to those owners who applied for and received credits. 13.2 In the event that the charge or levy related to the development in respect of which a credit is available pursuant to the provisions of Subsection 13.1 was paid in connection with a particular service, the credit available shall not exceed the amount of the component of the development charge for the particular service payable under this By-law and no refunds shall apply. 13.3 A credit given under Subsection 13.1 or 13.2 shall not exceed the total development charge payable by the owner. 13.4 The provisions of Section 40 of the Act shall apply to any credit given under Subsection 13.1, 13.2 or 13.4 of this By-law. 14. Categories of Exempt Institutions 14.1 The following categories of institutions are hereby designated as being exempt from the payment of Development Charges: a) buildings or structures used as hospitals governed by the Public Hospitals Act, R.S.O. 1990, c.P.40; b) buildings or structures owned by and used for the purposes of the Town or other municipality, or their local boards; c) buildings or structures owned by a Board of Education and used for school purposes pursuant to the Education Act, R.S.O. 1990, as amended; d) buildings or structures owned by and used for the purposes of a college of applied arts and technology established pursuant to the Ministry of Colleges and Universities Act, R.S.O. 1990, c. M.19; and e) buildings or structures owned by and used for the purposes of a university established by an Act of the Legislative Assembly of Ontario; 14.3 Other exemptions from the payment of Development Charges under this By- law include the following: a) buildings or structures used for industrial uses on lands zoned for Industrial purposes under the Town's Zoning By-law; b) buildings or structures, or parts thereof, used for non-residential uses on lands zoned Downtown and Waterfront (DW) Zone or Mixed Use Commercial (MUC) Zone in the Town's Zoning By-law. 14.4 Notwithstanding Subsection 14.3b), residential development in the Downtown and Waterfront (DW) Zone or Mixed Use Commercial (MUC) Zone is subject to Development Charges unless such residential development is otherwise exempted under the provisions of subsection 14.1 above. 14.5 Affordable housing as defined by subsection 4.1 (1) of the Act ; 14.6 Attainable housing as defined by subsection 4.1 (1) of the Act; and 14.7 Non-profit housing as defined by subsection 4.2 (1) of the Act. 15. Agricultural Uses 15.1 Agricultural uses as well as farm buildings and other ancillary development to an agricultural use, excluding any residential uses, shall be exempt from the provisions of this By-law. 16. Temporary Buildings or Structures 16.1 Temporary buildings or structures shall be exempt from the provisions of this By-law. 16.2 In the event that a temporary building or structure becomes protracted, it shall be deemed not to be, nor ever to have been, a temporary building or structure, and the Development Charges required to be paid under this By- law shall become payable on the date the temporary building or structure becomes protracted. 16.3 Prior to the Town issuing a building permit for a temporary building or structure, the Town may require an owner to enter into an agreement, including the provision of security for the owner's obligation under the agreement, pursuant to Section 27 of the Act providing for all or part of the Development Charge required by Subsection 16.2 to be paid after it would otherwise be payable. The terms of such agreement shall then prevail over the provisions of this By-law. 17. Rules with Respect to the Redevelopment of Land 17.1 Where there is a redevelopment of land on which there is a conversion of space proposed, or on which there was formerly erected a building or structure that has been demolished or removed, a credit shall be allowed against the Development Charge otherwise payable by the Owner pursuant to this By-law for the portion of the building or structure still in existence that is being converted or for the portion of the building or structure that has been demolished or removed, as the case may be, calculated by multiplying the number and type of dwelling units being converted or demolished or removed, or the non-residential gross floor area being converted or demolished or removed, by the relevant Development Charge in effect on the date when the Development Charge is payable in accordance with this By- law. In the case of the conversion, demolition or removal of non-residential space and redevelopment as a residential or mixed use, the credit shall be calculated based on the non-residential Development Charges in Schedule "C" of this By-law. 17.2 A credit in respect of any demolition or removal under this Section shall not be given unless a building permit has been issued or a subdivision agreement has been entered into with the Town for the development within five (5) years from the date the demolition permit was issued. In the event that no demolition permit was issued and the owner is unable to provide written proof or other evidence which in the sole opinion of the Town is able to substantiate the date of demolition, the date shall be deemed to have been in excess of five (5) years. 17.3 The amount of any credit hereunder shall not exceed, in total, the amount of the Development Charges otherwise payable with respect to the redevelopment. 18.Interest 18.1 The Town shall pay interest on a refund under Subsection 18(3) and 25(2) of the Development Charges Act, 1997 at a rate equal to the Bank of Canada rate on the date this By-law comes into force. 19. Front Ending Agreements 19.1 The Town may enter into agreements under Section 44 of the Act. 20. Schedules 20.1 The following Schedules to this By-law form an integral part of this Bylaw. Schedule "A" Designated Services Schedule "B" Residential Development Charges Schedule "C" Non-Residential Development Charges 21. By-law Registration 21.1 A certified copy of this By-law may be registered on title to any land to which this By-law applies. 22. Date By-law Effective 22.1 This By-law comes into force and effect on the 1st day of September, 2024. 23. Date By-law Expires 23.1 This By-law expires ten years after the date on which it comes into force. 24. Repeal 24.1 THAT the Penetanguishene Development Charge By-law No. 2019-49 be and is hereby repealed on the effective date this By-law comes into force. 25. Headings for Reference Only 25.1 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. 26. Severability 26.1 If, for any reason, any provision, section, subsection or paragraph of this By-law is held 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. BY-LAW read a first, second and third time and finally passed by Council on the 14th day of August, 2024. MAYOR Doug Rawson DEPUTY CLERK Kelly Cole SCHEDULE "A" to By-law 2024-33 DESIGNATED SERVICES 1. Development-Related Studies 2. Library Board 3. Fire Services 4. Parks & Recreation 5. Services Related to a Highway 6. Stormwater Management & Control 7. Sewer 8. Water SCHEDULE "B" to By-law 2024-33 RESIDENTIAL DEVELOPMENT CHARGE BY UNIT TYPE Service Development-Related Studies $837 $670 $553 3.3% Library Board $958 $767 $633 3.8% Fire Services $118 $95 $78 0.5% Parks & Recreation $10,890 $8,712 $7,187 43.0% Subtotal - General Services $12,803 $10,244 $8,451 50.6% Services Related To A Highway $3,088 $2,470 $2,038 12.2% Stormwater Management & Contro $1,804 $1,443 $1,190 7.1% Sewer $6,076 $4,860 $4,010 24.0% Water $1,535 $1,228 $1,013 6.1% Subtotal - Engineered Services $12,503 $10,001 $8,251 49.4% TOTAL CHARGE PER UNIT $25,306 $20,245 $16,702 100.0% Singles & Semis Townhouses & Other Multiples Apartment Units Residential Charge By Unit Type Percentage of Charge SCHEDULE "C" to By-law 2024-33 NON-RESIDENTIAL DEVELOPMENT CHARGES Service Development-Related Studies $9.07 6.4% Library Board $0.00 0.0% Fire Services $1.28 0.9% Parks & Recreation $0.00 0.0% Subtotal - General Services $10.36 7.3% Services Related To A Highway $32.70 22.9% Stormwater Management & Control $19.10 13.4% Sewer $64.33 45.1% Water $16.25 11.4% Subtotal - Engineered Services $132.37 92.7% TOTAL CHARGE PER SQUARE METRE $142.72 100.0% Non- Residential Charge per Square Metre Percentage of Charge