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Motion 2023-168
THE CORPORATION
OF THE COUNTY OF PRINCE
EDWARD
BY-LAW NO. 35-2023
A BY-LAW FOR THE IMPOSITION OF DEVELOPMENT CHARGE FOR SERVICES
RELATED
TO A HIGHWAY
WHEREAS the County of Prince Edward willexperience
growth through development
and
re--development;
AND WHEREAS development
and re--development requires the provision of physical and
social services by the County of Prince Edward;
AND WHEREAS Council desires to ensure that the capital cost of meeting growth--related
demands
for or burden on municipal services does not place an excessive
financial
burden on the County of Prince Edward or its existing ratepayers
while at the same time
ensuring
new ratepayers
contribute no more than the net capital cost attributable to
providing the current level of municipal services;
AND WHEREAS the Development Charges Act, 1997 (the "Act")provides that the council
of a municipality may by by--lawimpose 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 County of Prince Edward has
given notice of and held a public meeting on the 12th day of January,
2023 in accordance
with the Act and the regulations thereto;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE COUNTY OF
PRINCE EDWARD ENACTS AS FOLLOWS:
1.
INTERPRETATION
Motion 2023-168
"agricultural use" means a bona fide farming operation, including sod farm, the
breeding and boarding of horses, and greenhouses;
"apartment unit" means a building containing 4 or more dwelling units which have a
common entrance from the street level, and the occupants
of which have the right
to use common elements,
including units defined as Assisted Care Dwelling Units,
Despite the foregoing, an apartment dwelling includes stacked townhouse
dwellings;
"assisted care dwelling unit" means a unit in a residential building not otherwise
defined in this bylaw containing self--contained dwelling units which may include
culinary facilities that are designed to accommodate
persons with specific needs
and where meals are provided within a common eating area;
"bedroom" means a room which can be used as a sleeping quarters
but does not
include a kitchen, bathroom, living room or dining room, but does include a den or
study;
"board of education" has the same meaning as set out in the Education Act,
R.S.O. 19990, Chap. E.2, as amended,
or any successor
thereof;
"Building Code Act" means the Building Code Act, S.O. 1992, as amended,
or any
successor
thereof;
"capital cost" means costs incurred or proposed to be incurred by the municipality or
a local board thereof directly or by others on behalf of and as authorized by the
municipality or local board,
(a)
to acquire land or an interest in land, including a leasehold interest,
(b)
to improve land,
(c)
to acquire, lease, construct or improve buildings and structures,
(d)
to acquire, construct or improve facilities including,
Motion 2023-168
(iii)rolling stock with an estimated
useful life ofsevenyears
orimore;
and
(iv)including interest on borrowing for those expendituresulnderlclauses
(a) to (d) above that are grovvth--re|ated;
"commercial" means any use of land, structures
or buildings for the purposes
of
buying or selling commodities and services, but does not include industrial or
agricultural uses, but does include hotels, motels, motor inns and boarding,
lodging and rooming houses;
"Council" means the Council of the County of Prince Edward;
"County" means the area within the geographic limits of the County of Prince
Edward;
"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 the effect of increasing the size of usability thereof, and
includes redevelopment;
"development
charge" means a charge imposed with respect to this By--|aw;
"dwelling unit" means one or more rooms used, designed
or intended to be used
as a residence
and which has access to culinary and or sanitary facilities;
"existing" means the number, use and size that existedvas of the date this by--|aw
was passed;
"gross floor area" means:
(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 otherdwelling unit or other portion of a building; and
Motion 2023-168
gross floor area shall be the total of the areas directly beneath
any
roof--|ike structure of the building, except for:
(i) a room or enclosed
area within the building or structure above or
below that is used exclusively for the accommodation
of heating,
cooling, ventilating, electrical, mechanical
or telecommunications
equipment that service the building;
(ii) loading facilities above or below grade; and
(iii)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;
"industrial" 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. Industrial wind turbines and industrial solar farms are included
as industrial developments;
"institutional development"
means development of a building or structure
intended for use,
(a)
as a long--termcare home within the meaning of subsection
2(1) of
the Long-Term Care Homes Act, 2007;
(b)
as a retirement home within the meaning of subsection
2(2) of the
Retirement Homes Act, 2010;
(c)
by any. of the following post--secondary institutions for the objects of
theinstitutions:
(i)
a university in Ontario that receives
direct, regular and
Motion 2023-168
branch of the Royal Canadian
Legion; or
(e)
as a hospice to provide end of life care
"Local Board" means a school board, public utility, commission, transportation
commission, public library board, board of park management,
local board of
health, board of commissioners
of police, planning board, or any other board,
commission, committee, body or local authority established
or exercising any
power or authority under any general or special Act with respect to any of the
affairs or purposes,
including school purposes,
of the municipality or any part or
parts thereof;
''local services" means those services, facilities or things which are under the
jurisdiction of the County of Prince Edward and are related to a plan of
subdivision or within the area to which the plan relates in respect of the lands
under Sections 41, 51 or 53 of the Planning Act, R.S.O. 19990, Chap. P.13, as
amended,
or any successor
thereof;
"multiple dwellings" means all dwellings other than sing|e--detached, semi-
detached
and apartment
unit dwellings;
"municipality" means the Corporation of the County of Prince Edward;
"Non--profithousing 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,
2010 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-
pro?t Corporations
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--operativethat
in good
under the
Motion 2023-168
"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'
-
"Rate" means the interest rate established
weekly by the Bank of Canada based
on Treasury Bills having a term of 91 days;
"regu|ation" means any regulation made pursuant to the Act;
"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.
"Residential Dwelling" means
a permanent
or non--permanent building, occupied
or capable of being occupied as a home, residence
or sleeping place by one or
more persons,
containing one or more Dwelling Units but not including motels,
hotels, tents, truck campers,
mobile camper trailers or boarding, lodging or
rooming houses;
"residential use" means the use of a building or structure or portion thereof for
one or more Dwelling Units. This also includes a Dwelling Unit on land that is
used for an Agricultural Use;
"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 -andis vertically separated from any abuttingdwelling unit;
"semi--detacheddwelling" means a dwelling unit in a residential building
consisting of two dwelling units having one vertical wall or one horizontal wall, but
not other parts, attached
or another dwelling unit where the residential unit are
not connected
by an interior corridor;
"service" means a service designed
in Schedule "A"to this By--|aw,and "services"
shall have a corresponding
meaning;
Motion 2023-168
separated
from the other vertically and/or horizontally and each dwelling unit
having a separate
entrance
to grade;
"temporary building or structure" means a building or structure constructed
or
erected or placed on land for a continuous period not exceeding
eight 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 months;
and
"Zoning By--Law"means the Zoning By--Lawof the County of Prince Edward or
any successor
thereof passed
pursuant to Section 34 of the Planning Act, S.O.
1998.
2. DESIGNATION OF SERVICES
2.1
The category of service for which development
charges
are imposed under
this By--|awis Services Related to a Highway.
3. APPLICATION OF BY-LAW RULES
3.1
Development
charges
shall be payable in the amounts set out in this By-
law where:
(3)
the development
of the lands requires any of the approvals set out
in subsection
3.4(a).
Area to Which By--|awApplies
I
3.2
Subject to section 3.3, this by--lawapplies to all lands in the County of Prince
3.3.
Edward whether or not the land or use thereof is exempt from taxation under
s.13 or the Assessment
Act.
Notwithstanding clause 3.2 above, this by--lawshall not apply to lands that
are owned by and/or used for the purposes
of:
(3)
(b)
(C)
Motion 2023-168
Development charges
shall be imposed on all lands, buildings or
structures that are developed for residential or non--residentia|
uses if
the development
requires:
(i) the passing of a zoning by-law or of an amendment
to a zoning by-
law under section 34 of the Planning Act;
(ii) the approval of a minor variance under section 45 of the Planning
Act;
(iii)a conveyance
of land to which a by-law passed
under
subsection
50(7) of the Planning Act applies;
(iv)the approval of a plan of subdivision under section 51 of the
Planning Act;
(v) a consent
under section 53 of the Planning Act;
(vi)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
(vii)
the issuing of a permit under the Building Code Act in relation
to a building or structure.
No morethan
one development charge for services designated
in
subsection
2.1 shall be imposed upon any lands, buildings or structures
to which this By--lawapplies even though two or more of the actions
described in subsection
3.4(a) are required before the lands, buildings
or structures
can be developed.
Despite subsection
3.4(b), iftwo or more of the actions described
in
subsection
3.4(a) occurat different times, additional development
charges shall be imposed ifthe subsequent
action has the effect or
increasing the need for services.
(b)
(d)
(6)
Motion 2023-168
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, ifall buildings
and structures ancillary to the existing detached
house, semi--
detached
house or rowhouse cumulatively contain no morethan one
residential unit.;
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;
one residential unit in a building or structure ancillary to an existing
detached
house, semi--detached house or rowhouse on a parcel of
urban residential land, ifthe 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; or
in an existing rental residential building, which contains four or more
residential units, the creation of the greater of one residential unit or
one per cent of the existing residential units.
3.6
Notwithstanding the provisions of this By--|aw,development
charges shall not
be imposed with respect to the creation of additional dwelling units in
proposed new residential buildings, including structures ancillaryto dwellings,
subject to the following restrictions:
'
(3)
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, ifall buildings and
structures
ancillary to the new detached
house, semi--detached house
Motion 2023-168
One residential unit in a building or structure ancillary to a new
, detached
house, semi--detached house or rowhouse on a parcel of
urban residential land, ifthe 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.
(0)
Exemption for Industrial Development:
3.7
3.8
3.9
3.10
Notwithstanding any other provision of this by--law,no development
charge is
payable with respect to an enlargement
of the gross floor area of an existing
industrial building where the gross floor area is enlarged by 50 percent orless.
Ifthe gross floor area of an existing industrial building is enlarged by greater
than 50 percent, the amount of the development
charge payable in respect of
the enlargement
is the amount of the development
charge that would
othen/vise be payable multiplied by the fraction determinedras
follows:
determine the amount by which the enlargement
exceeds
50 percent
of the gross floor area before the enlargement;
(a)
divide the amount determined
under subsection 1) by the amount of
_ the enlargement
(b)
For the purpose of section 3.9 herein, "existing industrial building" is used
as defined in the Regulation made pursuant to the Act.
The exemption for an existing industrial building provided by this section shall
be applied to a maximum of fifty percent
(50%) of the gross floor area before
.
thefirst enlargement
for which an exemption from the payment of development
charges
was granted pursuant
to this by--|aw
(b)
(0)
Motion 2023-168
The creation of residential units that are affordable housing units
required to be included in a development
or redevelopment
pursuant
to a by--lawpassed
under section 34 of the Planning Act to give effect
to the policies described in subsection
16 (4) of thatAct; and
Non-profit housing development.
Other Reductions
3.12
Notwithstanding
any other provision of this by--law,development charges for
rental housing development
shall be reduced in accordance
with the
following:
(3)
(b)
(C)
A development
charge for a residential unit intended for use as a
rented residential premises with three or more bedrooms shall be
reduced by25 per cent;
A development
charge for a residential unit intended for use as a
rented residential premises with two bedrooms shall be reduced by 20
per cent; and
A development
charge
for a residential
unit intended for use as a
rented residential premises not referred to in paragraph
1 or 2 shall be
reduced by 15 per cent.
3.13
Notwithstanding
any other provision of this by+law, development
charges shall
be reduced in accordance
with the following:
(3)
(b)
development
charges
imposed during the first year the by--lawis in
force shall be reduced to 80 per cent of the maximum development
charge that could othen/vise be imposed by the by--law.
development
charges
imposed during the second year the by--lawis in
force shall be reduced to 85 per cent ofthe maximum development
charge that could othenNise be imposed by the by--law.
Motion 2023-168
Amount of Charges
Residential
3.14
The development charges
set out in Schedule "A"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.
Non--Residential
3.15
3.16
3.17
The development
charges
described
in Schedule "A"to this by--lawshall
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 total floor area of the non--residential
use.
Notwithstanding s.3.14 and s.3.15, the development
charges described
in
Schedule A to this by--lawshall be imposed on industrial wind turbines, and
calculated at the single--detached and semi--detached dwelling (greater
than 2 bedroom) rate.
Notwithstanding s.3.14 and s.3.15, the development
charges
described
in
Schedule A to this by--lawshall be imposed on industrial solar farms and
calculated at the single--detached and semi--detached dwelling (greater
than 2 bedroom) rate, for each 500 kW of industrial solar farm
development.
Park Model Trailers
3.18 Despite any other provision of this By--law:
(3)
Development charges for park model trailers are required to be paid in
Motion 2023-168
(d)
On receipt of evidence to the satisfaction of the County, which
establishes
that a park model trailer has been removed or demolished
in accordance
with section 3.18(c), the development
charges
paid in
regard to that park model trailer may be refunded in full, but without
interest if:
(i) that applicant establishes
to the satisfaction of the County that they
are the current owner or lessee of the parcel of land on which the
park model trailer was located; and
(ii) a development
charge was paid with respect to the park model
trailer in accordance
with section 3.18(a )
Reduction of Development
Charges for Redevelopment
3.19
Despite any other provisions of this By--law,where, as a result of the
redevelopment
of land, a building or structure existing on the same land within
36 months prior to the date of payment of development
charges
in regard to
such redevelopment
was, or is to be demolished, in whole or in part, or
converted from one principal use to another principal use on the same land, in
order to facilitate the redevelopment,
the development
charges othen/vise
payable with respect to such redevelopment
shall be reduced by the following
amounts:
(a)
in the case of a_residential building or structure, or in the case of a
mixed--use building or structure, the residential uses in the mixed-use
building or structure,
an amount calculated by multiplying the applicable
development
charge under subsection
3.14 by the number, according
to type, of dwelling units that have been or willbe demolished
or
converted
to another principal use; and
(b)
in the case of a non-residential
building or structure or, in the case of
mixed-use building or structure, the non--residentialuses in the mixed-
use building or structure,
an amount calculated by multiplying the
Motion 2023-168
accordance
with Section 3.19 where the redevelopment
involves the
demolition or conversion
of a development
that would be exempt from
developmentcharges
under this by--law.
Time of Payment of Development
Charges
3.21
3.22
3.23
3.24
3.25
Development charges imposed under this By--laware calculated, payable,
and collected upon issuance
of a building permit for the development.
Despite Section 3.21, Council from time to time, and at any time, may enter
into agreements
providing for all or any part of a development
charge to be
paid before or after it would otherwise be payable, in accordance with section
27 of the Act.
Notwithstanding Sections 3.21 and 3.22, development charges for rental
housing and institutional developments
are due and payable in 6 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.
Where the development
of land results from the approval of a Site Plan or
Zoning By--lawAmendment
received on or after January 1, 2020, and the
approval of the application occurred within 2 years of building permit
issuance, the Development Charges
under Section 3.14 and 3.15 shall be
calculated on the rates set out in Schedule "A"on the da_teof the planning
application, including interest. Where both planning applications apply,
Development Charges
under Sections 3.14and
3.15 shall be calculated on
the rates, including interest, set out in Schedule "A"on the date of the later
planning application.
Interest for the purposes
of Sections 3.23 and 3.24 shall be determined
as
the base rate plus 1%
(a)
The base rate shall be equal to the average
prime rate on:
Motion 2023-168
interest announced
by each of the Royal Bank of Canada, The Bank of
Nova Scotia, the Canadian
imperial Bank of Commerce, the Bank of
Montreal and The Toronto--DominionBank to be its prime or reference
rate of interest in effect on that date for determining
interest rates on
Canadian
dollar commercial loans by that bank in Canada.
4. PAYMENT BY SERVICES
4.1
Despite the payment required under subsections
3.14 and 3.15, Council may,
by agreement,
give a credit towards a development
charge in exchange for
work that relates to a service to which a development
charge relates under this
By--law.
5.|NDEX|NG
5.1
Development
charges
imposed pursuant to this By--lawshall be adjusted
annually, without amendment
to this By--law,on January
1st, in accordance
with the prescribed index in the Act.
6.SCHEDULES
6.1
The following schedules
shall form part of this By-law:
Schedule "A"
-- Residential and Non--Residentia|
Development
Charges
7.CONFL|CTS
7.1
Where the Countyand an owner or former owner have enteredinto an
agreement
with respect to land within the area to which this By--lawapplies,
and a conflict exists between the provisions of this By--lawand such
agreement,
the provisions of the agreement
shall prevail to the extent that
there is a conflict.
7.2
Notwithstanding
Section 7.1, where a development
which is the subject of an
agreement
to which Section 7.1 applies, is subsequently
the subject of one or
more of the actions described
in subsection
3.4(a), an additionaldevelopment
Motion 2023-168
shall continue in full force and effect until repealed, re--enacted, amended
or
modified.
9. DATE BY-LAW IN FORCE
9.1
This By-law shall come into effect at 12:01 AM on March 1, 2023.
10.
DATE BY-LAW EXPIRES
1
10.1
This By-law willexpire at 12:01 AM on February 28, 2032 unless it is repealed
by Council at an earlier date.
Read a First, Second and Third time and finally passed this 28"'day of February, 2023.
Catalina Blumenberg, C
Motion 2023-168
SCHEDULE "A" TO BY-LAW NO. 35-2023
SCHEDULE OF DEVELOPMENT CHARGES
RESDENTIAL
NON-RESDENTIAL
Single and SeI1'i- Single and Semi-
Industrial,
$erViceJC|a8s
of Service
Detached
Detached
Apartments
- 2
" ' I
5 '3
'
other Miltiples
other Miltiples
Wind & Solar
Agricultural
Com-netcial
Dweling(>2
Dwell'ng(=<2
Bedrooms+
B";'°ed"r'$d'
(>2 Bedrooms)
(=<2 Bedrooms)
Energy Facilities
Buiidings
a.
Bedrooms)
Bedrooms)
Institutional
Services Rotatedto a H
TIE!
9.375 jEE§I--!E