By-law No. 4839 - Development Charge By-law
Perth, Ontario
· No. 4839
· adopted 2019-11-19
· summary & facts
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THE CORPORATION OF THE TOWN OF PERTH
BY-LAW NO. 4839
BEING A BY-LAW OF THE CORPORATION OF THE TOWN OF PERTH
WITH RESPECT TO DEVELOPMENT CHARGES
Whereas Section 2(1) of the Development Charges Act, 1997, S.O. 1997, c. 27
(hereinafter called the Act) enables the Council of a municipality to pass by-laws for the
imposition of development charges against land located in the municipality for increased
capital costs required because of the increased need for services arising from
development in the area to which the by-law applies;
And whereas the Council of the Town of Perth, at its meeting of October 22, 2019,
approved a report entitled Town of Perth 2019 Development Charges Background
Study;
And whereas the Council has given Notice in accordance with Section 12 of the
Development Charges Act, 1997 of its development charges proposal and held a public
meeting on September 24, 2019;
And whereas the Council has heard all persons who applied to be heard in objection
to, or in support of, the development charges proposal at such public meeting and
provided a subsequent period for written communications to be made;
And whereas the Council, in adopting the Town of Perth Development Charges
Background Study on October 22, 2019, directed that development charges be imposed
on land under development or redevelopment within the geographical limits of the
municipality as hereinafter provided.
Now, therefore, the Council of the Corporation of the Town of Perth enacts as
follows:
Town of Perth By-law 4839
Page 1 of 14
1. DEFINITIONS
In this by-law,
(1) "Act" means the Development Charges Act, 1997, S.O. 1997, c. 27, as
amended;
(2) "agricultural use" means lands, buildings, or structures, excluding any
portion thereof used as a dwelling unit or for a commercial use, used or
designed or intended for use for the purpose of a bona fide farming
operation including, but not limited to, animal husbandry, dairying,
livestock, fallow, field crops, removal of sod, forestry, fruit farming,
greenhouses, horticulture, market gardening, pasturage, poultry keeping,
and equestrian facilities;
(3) "apartment dwelling" means a dwelling consisting of four or more dwelling
units, which units have a common entrance from street level and common
halls and /or stairs, elevators, and yards;
(4) | "bedroom" means any room used or designed or intended for use as
sleeping quarters including but not limited to, a den, a study, a family
room, or other similar use;
(5) = "cannabis" means:
(a) | acannabis plant;
(b) any part of a cannabis plant, including the phytocannabinoids
produced by, or found in, such a plant, regardless of whether that
part has been processed or not;
(c) any substance or mixture of substances that contains or has on it
any part of such a plant; and
(d) any substance that is identical to any phytocannabinoid produced
by, or found in, such a plant, regardless of how the substance was
obtained.
(6) "cannabis plant' means a plant that belongs to the genus Cannabis,
(7) "cannabis production facility" means a building, or part thereof, designed,
used, or intended to be used for one or more of the following: cultivation,
propagation, production, processing, harvesting, testing, alteration,
destruction, storage, packaging, shipment or distribution of cannabis
where a licence, permit or authorization has been issued under applicable
federal law;
(8) "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,
Town of Perth By-law 4839
Page 2 of 14
(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,
(ii) materials acquired for circulation, reference or information
purposes by a library board as defined in the Public Libraries
Act, 1984, S. 0, 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), required for the
provision of services designated in this by-law within or outside the
municipality, including interest on borrowing for those expenditures
under clauses (a), (b), (c) and (d) that are growth-related;
(9) "commercial" means any use permitted in a commercial zone other than a
Residential Use as described by the Zoning By-law of the municipality and
any amendments thereto. ;
(10) "Council" means the Council of the Corporation of the Town of Perth;
(11) "development" includes redevelopment;
(12) "development charge" means a charge imposed pursuant to this by-law
adjusted in accordance with Section 13;
(13) "dwelling unit? means a room or group of rooms in a dwelling used or
intended to be used as a single independent and separate housekeeping
unit containing a kitchen and sanitary facilities for its exclusive use, and
has a private entrance from outside the dwelling or from a common
hallway or stairway inside the dwelling, but does not include a room or
suite of rooms in a hotel or motel;
(14) "East Area" refers to all lands abutting or easterly of Garden Avenue and
lying between the Dufferin Road (Hwy 7) Corridor and the North Street
(Lanark County Rd / 10) Corridor.
(15) "grade" means the average level of finished ground adjoining a building at
all exterior walls;
(16) "gross floor area" means the total floor area, measured between the
outside of exterior walls or between the outside of exterior walls and the
centre line of party walls dividing the building from another building, of all
floors above the average level of finished ground adjoining the building at
its exterior walls;
Town of Perth By-law 4839
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(17) "hospital" means land, buildings, or structures used, or designed or
intended for use as defined in the Public Hospitals Act, R.S.O. 1990, c.
P.40, as amended;
(18) "industrial" means any building used for or in connection with,
(a) manufacturing, producing, processing, storing, or distributing
something and includes a greenhouse;
(ob) research or development in connection with manufacturing,
producing, or processing something;
(c) retail sales by a manufacturer, producer or processor of something
manufactured, produced or processed, if the retail sales are at the
site where the manufacturing, production, or processing takes
place; and
(d) office for administrative purposes, if carried out with respect to
manufacturing, producing, processing, storage, or distribution and
in or attached to the building or structure used for that
manufacturing, producing, storage, or distribution.
Industrial does not include cannabis production facilities.
(19) "non-residential use" means land, buildings, or structures or portions
thereof used, or designed or intended for a use other than a residential
use;
(20) "North Area" refers to lands designated as "Area North of Highway #7" in
Schedule "C" of this by-law.
(21) "other multiple" means any residential dwelling which is nota
single-detached dwelling, a semi-detached dwelling, or an apartment
dwelling;
(22) "place of worship" means that part of a building or structure used for
worship and that is exempt from taxation as a place of worship under the
Assessment Act, R.S.O. 1990, c. A.31, as amended;
(23) "residential use" means land or buildings or structures or part thereof of
any kind whatsoever used, designed or intended to be used as a
residence for one or more individuals but does not include a hotel or
motel;
(24) "semi-detached dwelling" means the whole of a dwelling divided vertically
both above grade and below grade into two separate dwelling units;
(25) "single-detached dwelling" means a dwelling containing only a dwelling
unit, or a dwelling unit and an accessory apartment, and not attached to
another structure.
Town of Perth By-law 4839
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(26) "West Area" refers to all lands extending westerly from the plane created
by extending a line from the mid-point of the County Road 511 and
Dufferin Road (Hwy 7) intersection to the southerly limit of Peter Street
where it intersects the Tay River.
2. SCHEDULE OF DEVELOPMENT CHARGES
(1) | Subject to the provisions of this by-law, development charges against land
shall be calculated and collected in accordance with the base rates set out
in Schedule "B", which relate to the services set out in Schedule "A".
(2) Notwithstanding subsection (1), for the lands designated as "Area North of
Highway #7" in Schedule "C' of this by-law, development charges shall be
imposed, calculated, and collected in accordance with the base rates set
out in Schedule "B", which relate to the Area-Specific Services set out in
Schedule "A".
(3) | 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 purloins of
a mixed-use development, based upon the number and type of
dwelling units;
(b) in the case of non-residential, or the non-residential portion of a
mixed-use development, based upon the gross floor area of such
development.
(4) Council hereby determine that the development of land, buildings or
structures for residential and non-residential uses will require the
provision, enlargement, expansion, or improvement of the services
referenced in Schedule "B".
(5) Council hereby determines that the new development charges detailed in
Schedule "B'" shall be phased in as per the following:
a ## # -- oe RESIDENTIAL ee = URESIDENTIAL
ee : Single and po Special: | es
Area "Semi- . Apartments- ale Hae Other Care/Special ech ia)
: fe |) Detached 2. Bedrooms + 41 Be Multiples. ©. Dwelling :
ee ee % : edroom oe ; 2 Area):
General (outside of defined areas) 6,452.80 2,770.64 2,613.85 4,520.33 2,129.42 3.17
North Area 7,022.73 3,015.57 2,844.95 4,920.65 2,317.50 3.67
West Area 7,924.86 3,402.43 3,209.92 |. 5,550.98 2,615.20 3.20
East Area 7,090.15 3,045.35 2,873.05 4,967.00 2,339.75 3.30
General (outside of defined areas) 7,994.90 4,061.34 3,832.43 6,062.17 3,001.71 5.31
North Area 10,134.87 §,224.79 4,930.48 7,744.33 3,849.25 6.41
West Area 7,994.90 4,061.34 3,832.43 6,062.17 3,001.71 5.31
oe East Area 7,994.90 4,061.31 3,832.43 6,062.17 3,001.71 §.314
Town of Perth By-law 4839
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3. APPLICABLE LANDS
(1) Subject to Section 6, this by-law applies to all lands in the Town of Perth,
whether or not the land or use is exempt from taxation under Section 3 of
the Assessment Act, 1990, c.A..37.
(2) Notwithstanding the provisions of this By-law, development charges shall
not be imposed with respect to land that is owned by and used for .
purposes of:
(a) the Town of Perth, or any local board thereof;
. (b) aboard of education as defined in subsection 1(1) of the Education
Act; and
(c) the Corporation of the County of Lanark, or any local board thereof.
4. APPLICATION OF CHARGES
(1) | Development charges shall be imposed on ail lands, buildings, or
structures that are developed for residential or non-residential uses if 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,
(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) | aconsent under Section 53 of the Planning Act,
(f) the approval of a description under Section 50 of the Condominium
Act, R.S.O. 1990, Chap. C.26, as amended, or any successor
thereof; or
(g) the issuing of a permit under the Building Code Act in relation to a
building or structure.
(2) | Subsection (2) shall not apply in respect of local services as described in
s.$.59(2) (a) and (b) of the Act;
5. MULTIPLE CHARGES
(1) | Where two or more of the actions described in Section 4(1) are required
before land to which a development charge applies can be developed,
Town of Perth By-law 4839
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only one development charge shail be calculated and collected in
accordance with the provisions of this by-law.
(2) Notwithstanding Subsection (1), if two or more of the actions described in
Section 4(1) occur at different times, and if the subsequent action has the
effect of increasing the need for municipal services as designated in
Schedule "A", an additional development charge on the additional
residential units and/or non-residential gross floor area shall be calculated
and collected in accordance with the provisions of this by-law.
6. EXEMPTIONS
(1) Section 2 of this by-law shail not apply to that category of exempt
development described in s.s. 2(3) of the Act, namely:
(a) the enlargement of an existing dwelling unit;
(b) the creation of one or two additional dwelling units in an existing
single-detached dwelling, provided the total gross floor area of the
additional one or two units does not exceed the gross floor area of
the existing dwelling unit; or
(c) the creation of one additional dwelling unit in any other type of
existing residential building, provided that:
(i) in the case of a semi-detached dwelling, the gross floor area
of the additional dwelling unit does not exceed the gross
floor area of the existing dwelling unit already contained in
the residential dwelling, and
(ii) in the case of all other types of existing residential buildings,
the gross floor area of the additional dwelling unit does not
exceed the gross floor area of the smallest existing dwelling
unit already contained in the residential building.
(2) Section 2 of this by-law shall not apply to that category of exempt
development described in s.4 of the Act, and s.1 of O.Reg. 82/98, namely:
(a) the enlargement of the gross floor area of an existing industrial
building, if the gross floor area is enlarged by 50 percent or less;
(b) for the purpose of (a), the terms "gross floor area" and "existing
industrial building" shall have the same meaning as those terms
have in O.Reg. 82/98 under the Act; and
(c) notwithstanding subsection (a), if the gross floor area is enlarged by
more than 50 per cent, development charges shall be payable and
collected and the amount payable shall be calculated in accordance
with s.4(3) of the Act.
Town of Perth By-law 4839
Page 7 of 14
(3) Notwithstanding the provisions of this By-law, development charges shall
not be imposed with respect to:
(a) hospital, health care centre, university, or college lands exempt
from taxation under the Assessment Act;
(b) lands, buildings or structures used or to be used for a place of
worship or for the purposes of a churchyard or cemetery exempt
from taxation under the Assessment Act,
(c) industrial buildings;
(d) temporary buildings, provided that such buildings are removed
within two (2) years of the issuance of the Building Permit; and
(e) residential use buildings erected and owned by non-profit housing,
provided that these buildings are subject to an agreement with the
Town to charge affordable rents for a defined period of time. For
greater clarity, affordable rents under the agreement will be
evaluated based on market rates, or below, within the County of
Lanark.
7. TIMING OF CALCULATION AND PAYMENT
(1) Development Charges are due and payable in full to the Corporation of
the Town of Perth on the date a building permit is issued for any land,
buildings, or structures affected by the applicable development charge and
a building permit with respect to a building or structure shall be withheld
where the applicable development charge has not been paid pursuant to
Section 28 of the Act.
(2) Subject to Section 27 of the Act, Council, at its discretion may, enter into
an agreement for payment of development charges in whole or under a
payment schedule before or after the date of the issuing of the building
permit.
(3) If the Development Charge or any part thereof imposed by the Town of
Perth remains unpaid after the due date, in the absence of an agreement
to address the amount unpaid amount per article 2.6.1 (a) or Subsection
(2), then the amount unpaid shall be added to the tax roll as taxes as
prescribed by in Section 32 of the Act.
8. SERVICE STANDARDS
(1) | The approved service standards for the Town of Perth are those contained
in the Development Charges Background Study.
9. SERVICES IN LIEU
(1) | Council may authorize an owner, through an agreement under Section 38
of the Act, to substitute the whole or such part of the development charge
Town of Perth By-law 4839
Page 8 of 14
applicable to the owner's development as may be specified in an
agreement by the provision at the sole expense of the owner, of services
in lieu. Such agreement shall further specify that where the owner
provides services in lieu in accordance with the agreement, Council shail
give to the owner a credit against the development charge otherwise
applicable to the development, equal to the reasonable cost to the owner
of providing the services in lieu, provided such credit shall not exceed the
total development charge payable by an owner to the municipality.
10. DEVELOPMENT CHARGE CREDITS
(1) Where residential space is being converted to non-residential space, the
development charge equivalent that would have been payable on the
residential space shall be deducted from the charge calculated on the
non-residential space being added.
(2) | Where non-residential space is being converted to residential space, the
development charge equivalent that would have been payable on the non-
residential space shall be deducted from the charge calculated on the
residential units being added.
(3) | An owner who has obtained a demolition permit and demolished existing
dwelling units or a non-residential building or structure in accordance with
the provisions of the Building Code Act shall not be subject to the
Development Charge with respect to the development being replaced,
provided that the building permit for the replacement residential units or
non-residential building or structure is issued not more than five (5) years
after the date of issuance of the demolition permit and provided that any
dwelling units or non-residential gross floor area created in excess of what
was demolished shall be subject to the development charge imposed
under Section 2.
(4) | Noredevelopment credit shall be made in excess of the development
charge payable for a redevelopment.
11. BY-LAW REGISTRATION
(1) | Acertified copy of this by-law may be registered on title to any land to
which this by-law applies.
12. RESERVE FUNDS
(1) Monies received from payment of development charges shall be
maintained in a separate reserve funds, and shall be used only to meet
the growth-related net capital costs for which the development charge was
levied under this by-law.
(2) Council directs the Treasurer to divide the reserve fund(s) created
hereunder into the separate subaccounts in accordance with the service
categories set out in Schedule "A" to which the development charge
Town of Perth By-law 4839
Page 9 of 14
payments shall be credited in accordance with the amounts shown, plus
interest earned thereon.
(3) | Where any development charge, or part thereof, remains unpaid after the
due date, the amount unpaid shall be added to the tax roll and shall be
collected as taxes.
(4) | Where any unpaid development charges are collected as taxes under
Subsection (3), the monies so collected shall be credited to the
development charge reserve fund or funds referred to in Subsection (1).
(5) | The Treasurer is hereby directed to prepare an annual financial statement
for the development charges reserve fund as prescribed under Section 12
of Ontario Regulation 82/98 and to submit the statement for Council's
consideration and within 60 days thereafter, to submit such statement to
the Minister of Municipal Affairs and Housing.
13. BY-LAW AMENDMENT OR REPEAL
(1) | Where this by-law or any development charge prescribed thereunder is
amended or repealed by order of the Local Planning Appeals Tribunal or
by resolution of the Council, the Treasurer shall calculate forthwith the
amount of any overpayment to be refunded as a result of said amendment
or repeal.
(2) Refunds that are required to be paid under Subsection (1) shall be paid to
the registered owner of the land on the date on which the refund is paid.
(3) | Refunds that are required to be paid under Subsection (1) shall be paid
with interest to be calculated as follows:
(a) interest shall be calculated from the date on which the overpayment
was collected to the day on which the refund is paid;
(b) interest shall be paid at the Bank of Canada rate in effect on the
date of enactment of this by-law.
14. DEVELOPMENT CHARGE SCHEDULE INDEXING
(1) | The development charges referred to in Schedule "B" shall be adjusted
annually, without amendment to this by-law, on January 1% of each year,
in accordance with Statistics Canada Table 18-10-0135-07 Building
construction price indexes, by type of building.
15. BY-LAW ADMINISTRATION
(1) This by-law shall be administered by the Treasurer.
16. SCHEDULES TO THE BY-LAW
(1) The following schedules to this by-law form an integral part of this by-law:
Town of Perth By-law 4839
Page 10 of 14
Schedule "A" -- Designated Municipal Services Under this By-law
Schedule "B" -- Schedule of Development Charges
Schedule "C" -- Map of Area North of Highway #7
17. SEVERABILITY
(1) If, for any reason, any provision, section, subsection, or paragraph of this
by-law is held to be invalid, it is hereby declared to be the intention of
Council that all 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.
18. SHORT TITLE
(1) This by-law may be cited as the Development Charge By-law.
19. DATE BY-LAW EFFECTIVE
(1) This by-law shall come into force and effect on the date it is passed by
Council.
Read ; , second, 2 I, a third time and finally passed this 19 day of November, 2019.
John Fénik, Mayor Lauren Walton, Clerk
(Seal)
Town of Perth By-law 4839
Page 11 of 14
SCHEDULE "A" TO BY-LAW 4839
THE CORPORATION OF THE TOWN OF PERTH
Designated Municipal Services Under this By-law
Municipal-wide Services
1. Roads & Related
2. Fire
3. Parks & Recreation
4. Library
5. Admin Studies
6. Stormwater
7. Wastewater
8. Water
Area-specific Services
9. Stormwater -- Area North of Highway #7
Town of Perth By-law 4839
Page 12 of 14
SCHEDULE "B" TO BY-LAW 4839
THE CORPORATION OF THE TOWN OF PERTH
SCHEDULE OF DEVELOPMENT CHARGES
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ae PO RESIS ee OReSiDENAL
; j oo Single'and : : i Special: Bae
De prea : HES San 'Apartments - Apariments" __ Other Caraispacial (per safe of
: es i s: Bachelor-and < va Gross Floor
: : Betached 2Bedrooms + 4 Bedroom Multiples Dwelling ean area)
: ae nee lecDwelling : : NCTE Units Ae
Charges Effective November 18, 2018 - December $1, 2019
General (outside of defined areas) 6,452.80 2,770.84 2,613.85 4,520.33 2,128.42 3.17
North Area 7,022.73 3,015.57 2,844,95 4,920.65 2,317.80 3.67
West Area 7,924.86 3,402.43 3,208.92 5,550.98 2,615.20 3.20
East Area 7,090.15 3,045.35 2,873.05 4,967.06 2,339.75 3.30
Charges Enfective Jan, 1 2020 / July, 20700
General {outside of defined areas) 7,994.90 4,061.34 3,832.43 6,062.17 3,001.71 5.31
North Area 10,134.87 5,224.79 4,930.48 7,741.33 3,849.25 6.41
West Area 7,994.90 4,067.31 3,832.43 6,062.17 3,007.71 5.34
East Area 7,994,90 4,061.31 3,832.43 6,062.17 3,001.71 5.31
Municipal-wide 9,537.00 §,352,00 5,051.00 7,604.00 3,874.06 7.45
Area North of Highway #7 13,247,00 7,434,006 7,016.00 10,562.00 5,387.00 9.14
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Town of Perth By-law 4839
Page 13 of 14
SCHEDULE "C" TO BY-LAW 4839
THE CORPORATION OF THE TOWN OF PERTH
Map of Area North of Highway #7
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