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Authority: Report #2024-F-9
By-law Number 2024-029
of The Regional Municipality of Durham
Being a by-law to establish Area-Specific Development Charges for the Seaton Community
-- Water Supply and Sanitary Sewerage Services.
WHEREAS section 2(1) of the Development Charges Act, 1997, provides that 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 if the development requires one or
more of the approvals identified in section 2(2) of the Development Charges Act, 1997;
AND WHEREAS a development charge background study has been completed in
support of the imposition of development charges;
AND WHEREAS the Council of The Regional Municipality of Durham has given notice
and held a public meeting on March 27, 2024, in accordance with section 12(1) of the
Development Charges Act, 1997;
AND WHEREAS the Council of The Regional Municipality of Durham has permitted any
person who attended the public meeting to make representations in respect of the
proposed development charges;
NOW THEREFORE, the Council of The Regional Municipality of Durham hereby enacts
as follows:
1. Interpretation
Definitions
1.1 In this By-law,
(a) "Act" means the Development Charges Act, 1997, or a successor
statute;
(b) "affordable residential unit" has the meaning set out in section 4.1 of
the Act and regulations, once they are in force;
(c) "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;
(d) "air-supported structure" means a structure consisting of a pliable
membrane that achieves and maintains its shape and is supported
by internal air pressure;
(e) "apartment building" means a residential building, or the residential
portion of a mixed-use building, consisting of more than 3 dwelling
units, which dwelling units have a common entrance to grade but
does not include a triplex, semi-detached duplex, semi- detached
triplex, or townhouse. Despite the foregoing, an "apartment building"
includes stacked townhouses;
(f) "apartment" means a dwelling unit in an apartment building or a
single storey dwelling unit located within or above a residential
garage or a commercial use;
(g) "area municipality" means a lower-tier municipality that forms part of
the Region;
(h) "bedroom" means a habitable room, of at least seven square meters
(7 m2) where a built-in closet is not provided, or at least six square
meters (6 m2) where a built-in closet is provided, including a den,
study, loft, or other similar area, but does not include a living room, a
dining room, a bathroom or a kitchen;
(i) "building or structure" means a permanent enclosed structure and
includes an air-supported structure;
(j) "Central Pickering Development Plan" means the development plan
approved under the Ontario Planning and Development Act in regard
to the Seaton Community;
(k) | "commercial use" means land, buildings or structures used, or
designed or intended for use for either or both of office and retail
uses as defined in this by-law;
(I) "Council" means the Council of the Regional Municipality of Durham;
(m) "detached dwelling" and "detached" means a residential building on
one parcel of land comprising at least 1 dwelling unit and not more
than 3 dwelling units on that parcel of land, where no portion of the
building is attached to any building on another parcel of land;
(n) "development" includes redevelopment;
(0) "development charges" means charges imposed pursuant to this By-
law in accordance with the Act;
(p) "duplex" means a building comprising, by horizontal division, two
dwelling units on one parcel of land;
(q) "dwelling unit" means a room or suite of rooms used, or designed or
intended for use by one person or persons living together, in which
culinary and sanitary facilities are provided for the exclusive use of
such person or persons;
(r) "existing industrial building" means a building used for or in
connection with,
(i) manufacturing, producing, processing, storing or distributing
something;
(ii) research or development in connection with manufacturing,
producing or processing something;
(iii) 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;
(iv) office or administrative purposes, if they are,
(v) carried out with respect to manufacturing, producing, processing,
storage or distributing of something; and
(vi) in or attached to the building or structure used for that
manufacturing, producing, processing, storage or distribution;
(s) "Front-Ending Agreement" means the Agreement between the
Region and the Seaton Landowners in regard to the development of
the Seaton Community;
(t) "farm building" means a building or structure used, in connection with
a bona fide agricultural use and includes barns, silos, and similar
structures, and includes a dwelling located on the same lot as the
agricultural use or on a lot directly abutting the agricultural use, which
is used exclusively for the housing of temporary or seasonal persons
employed exclusively for the farming of that agricultural use, but
otherwise excludes a building or structure used, or designed or
intended for use for residential or commercial uses;
(u) "gross floor area" means (except for the purposes of sections 2.20
and 2.21) in the case of a non-residential building or structure or the
non-residential portion of a mixed-use building or structure, the
aggregate of the areas of each floor, whether above or below grade,
measured between the exterior faces of the exterior walls of the
building or structure or pliable membrane in the case of an air
supported structure, or from the centre line of a common wall
separating a non-residential and a residential use, and, for the
purposes of this definition, the non-residential portion of a mixed-use
building is deemed to include one-half of any area common to the
residential and non-residential portions of such mixed-use building
or structure;
(v) "hospice" means a building or structure used to provide not for profit
palliative care to the terminally ill;
(w) "industrial use" means lands, buildings or structures used or
designed or intended for use for manufacturing, producing,
processing, fabricating or assembly of raw goods, research or
development in connection therewith, and includes office uses,
warehousing or bulk storage of goods and the sale of commodities
to the general public where such uses are accessory to an industrial
use, but does not include the sale of commodities to the general
public through a warehouse club or similar use;
(x) "institutional development" for the purposes of section 3.11 means
development of a building or structure intended for use,
(i) as a long-term care home within the meaning of subsection 2 (1)
of the Long-Term Care Homes Act, 2007;
(ii) as a retirement home within the meaning of subsection 2 (1) of
the Retirement Homes Act, 2010;
(iii) | by any of the following post-secondary institutions for the objects
of the Institution:
1. a university in Ontario that receives direct, regular and
ongoing operating funding from the Government of Ontario,
2. a college or university federated or affiliated with a university
described in subclause (i), or
3. an Indigenous Institute prescribed for the purposes of section
6 of the Indigenous Institutes Act, 2017;
(iv) | asamemorial home, clubhouse or athletic grounds by an Ontario
branch of the Royal Canadian Legion; or
(v) asa hospice to provide end of life care.
(y) "institutional use" means lands, buildings or structures used or
designed or intended for use by a non-profit organized body, society
or religious group for promoting a public and non-profit purpose, and
would include a hospice and office uses where such uses are
accessory to an institutional use;
(z) "local board" means a local board as defined in the Municipal Affairs
Act, other than a board defined in subsection 1(1) of the Education
Act;
(aa) "medium density multiples" includes plexes, townhouses and all
other residential uses that are not included in the definition of
"apartment building', "apartment", "mobile homes', "retirement
residence units", "detached", "detached dwelling" or "semi-detached
dwelling';
(bb) "mixed-use" means land, buildings or structures used, or designed
or intended for use, for a combination of at least two of commercial,
industrial, institutional or residential uses;
(cc) "Mixed-Use Area" means the lands within the Seaton Community
that are not designated Prestige Employment Lands on the land use
plan of the Central Pickering Development Plan;
(dd) "mobile home" means any dwelling that is designed to be made
mobile, and constructed or manufactured to provide a permanent or
temporary residence for one or more persons, but does not include
a travel trailer or tent trailer or trailer otherwise designed;
(ee) "net hectare" means the area in hectares of a parcel of land exclusive
of the following:
(i) lands conveyed or to be conveyed to the City of Pickering or a
local board thereof or the Region or a local board thereof;
(ii) lands conveyed or to be conveyed to the Ministry of
Transportation for the construction of provincial highways;
(iii) | hazard lands conveyed or to be conveyed to a conservation
authority as a condition of development;
(iv) lands identified as "Natural Heritage System" pursuant to the
Central Pickering Development Plan; and
(v) storm water management facility areas;
(ff) | "non-institutional use" means lands, buildings or structures used, or
designed or intended for non-residential uses other than institutional
uses;
(gg) "non-profit housing development", means development of a building
or structure intended for use as residential premises and developed
by,
(i) a corporation to which the Not-for-Profit Corporations Act, 2010
applies, that is in good standing under that Act and whose primary
object is to provide housing;
(ii) a corporation without share capital to which the Canada Not-for-
profit Corporations Act applies, that is in good standing under that
Act and whose primary object is to provide housing; or
(iii) | a non-profit housing co-operative that is in good standing under
the Co-operative Corporations Act;
(hh) "non-residential use" means lands, buildings or structures or portions
thereof used, or designed or intended for use for other than
residential use, and includes agricultural, commercial, industrial and
institutional uses;
(ii) "office use" means lands, buildings or structures used or designed or
intended for use for the practice of a profession, the carrying on of a
business or occupation and, for greater certainty, but without in any
way limiting the generality of the foregoing, shall include but not be
limited to the office of a physician, lawyer, dentist, architect,
engineer, accountant, real estate or insurance agency, insurance
company, veterinarian, surveyor, appraiser, financial institution,
consumer loan company, employment agency, advertising agency,
consulting firm, business service, investment company, security
broker, mortgage company, medical clinic, builder, land developer;
(jj) "plex" means a duplex, a semi-detached duplex, a triplex or a semi-
detached triplex;
(kk) "Prestige Employment Land Area" means the lands within the
Seaton Community shown on Schedule "G", which are designated
Prestige Employment Lands on the land use plan of the Central
Pickering Development Plan;
(Il) "Region" means the Regional Municipality of Durham;
(mm) "Regional Attribution Sanitary Sewerage Development Charges"
means charges in regard to infrastructure for sanitary sewerage
services that have been, or will be, constructed and financed by the
Region under the Front-Ending Agreement;
(nn) "Regional Attribution Water Supply Development Charges" means
charges in regard to infrastructure for water supply services that have
been, or will be, constructed and financed by the Region under the
Front-Ending Agreement;
(00) "Regional Seaton-Specific Sanitary Sewerage Development
Charges" means charges in regard to infrastructure for sanitary
sewerage services to be constructed by the Region and financed by
the Seaton Landowners under the Front-Ending Agreement;
(pp) "Regional Seaton-Specific Water Supply Development Charges"
means charges in regard to infrastructure for water supply services
to be constructed by the Region and financed by the Seaton
Landowners under the Front-Ending Agreement;
(qq) "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.
(rr) "residential use" means lands, buildings or structures used, or
designed or intended for use as a home or residence of one or more
individuals, and shall include any building or structure containing
dwelling units, and include, but is not limited to, a detached dwelling,
a semi-detached dwelling, a townhouse, a plex, a stacked
townhouse, an apartment, an apartment building, a mobile home, a
retirement residence and a residential dwelling unit accessory to a
non-residential use;
(ss) "retail use" means lands, buildings or structures used or designed or
intended for use for the sale or rental or offer for sale or rental of
goods or services for consumption or use and, for greater certainty,
but without in any way limiting the generality of the foregoing, shall
include, but not be limited to, food stores, pharmacies, clothing
stores, furniture stores, department stores, sporting goods stores,
appliance stores, garden centres, automotive dealers, automotive
repair shops, gasoline service stations, government owned retail
facilities, private daycare, private schools, private lodging, private
recreational facilities, sports clubs, golf courses, skiing facilities, race
tracks, gambling operations, medical clinics, funeral homes, motels,
hotels, rooming houses, restaurants, theatres, facilities for motion
picture, audio and video production and distribution, sound recording
services, self-storage facilities and secure document storage;
(tt) "retirement residence" means a residential building or the residential
portion of a mixed-use building which provides accommodation for
persons of retirement age, where common facilities for the
preparation and consumption of food are provided for the residents
of the building, and where each unit or living accommodation has
separate sanitary facilities, less than full culinary facilities and a
separate entrance from a common hall;
(uu) "retirement residence unit" means a unit within a_ retirement
residence;
(vv) "rooming house" means a detached building or structure which
comprises rooms that are rented for lodging and where the rooms do
not have both culinary and sanitary facilities for the exclusive use of
individual occupants;
(ww) "Seaton Community" means the lands shown on Schedule "F", which
may generally be described as being bounded: to the south by the
Canadian Pacific Railway right-of-way; to the west by West Duffins
Creek; to the north by Provincial Highway No. 7; and to the east by
Sideline 16 and the boundary between the City of Pickering and the
Town of Ajax, and excludes the lands comprising the Hamlet
communities of Whitevale, Green River and Brougham;
(xx) "Seaton Landowners" means 1133373 Ontario Incorporated,
Lebovic Enterprises Limited, Affiliated Realty Corporation Limited,
Chestermere Investments Limited, Hunley Homes Limited, 1350557
Ontario Limited, Zavala Developments Inc., Mattamy (Seaton)
Limited, White Sun Developments Limited, and Her Majesty the
Queen In Right of Ontario as represented by the Minister of
Infrastructure, or their respective successors and assigns;
(yy) "Seaton Landowners Constructed Sanitary Sewerage Development
Charges" means charges in regard to infrastructure for sanitary
sewerage services to be constructed and financed by the Seaton
Landowners under the Front-Ending Agreement;
(zz) "Seaton Landowners Constructed Water Supply Development
Charges" means charges in regard to infrastructure for water supply
services to be constructed and financed by the Seaton Landowners
under the Front-Ending Agreement;
(aaa) "semi-detached building" means a building on two parcels of land,
divided vertically (above or below ground) along the common lot line
of the two parcels and comprising at least 1 dwelling unit and not
more than 3 dwelling units on each parcel;
(bbb) "semi-detached dwelling" means the portion of a semi-detached
building on one parcel of land comprising at least 1 dwelling unit and
not more than 3 dwelling units;
(ccc) "semi-detached triplex" means one of a pair of triplexes divided
vertically one from the other by a party wall;
(ddd) "services" means the services designated in section 2.8 of this by-
law;
(eee) "stacked townhouse" means a building, other than a plex, a detached
dwelling or townhouse, containing at least 3 dwelling units; each
dwelling unit separated from the other vertically and/or horizontally
and each dwelling unit having a separate entrance to grade;
(fff) "storm water management facility area" means the area bounded by
the limit of grading for such facility including necessary sloping,
maintenance access and associated infrastructure, but does not
include any maintenance access road which serves any additional
purpose on the property or any portion of the facility located within
the Natural Heritage System lands;
(ggg) "townhouse building" means a residential building, on at least 3
parcels of land divided vertically (above or below ground) along the
common lot line between each of the parcels and comprising at least
1 dwelling unit and not more than 3 dwelling units on each parcel;
(hhh) "townhouse dwelling" means the portion of a townhouse building on
one parcel of land comprising at least 1 dwelling unit and not more
than 3 dwelling units;
(iii) "triplex" means a building comprising 3 dwelling units.
1.2 In this by-law where reference is made to a statute or a section of a statute
such reference is deemed to be a reference to any successor statute or
section.
2. Application of By-law -- Rules
Circumstances Where Development Charges are Payable
2.1 Development charges shall be payable in the amounts set out in sections
2.9 and 2.13 to 2.19 of this by-law where:
(a) the lands are located in the area described in section 2.2; and
(b) the development of the lands requires any of the approvals set out in
section 2.4.
Area to Which By-law Applies
2.2 Subject to section 2.3, this by-law applies to all lands in the Seaton
Community.
2.3 This by-law shall not apply to lands that are owned by and used for the
purposes of:
(a) -- the Region ora local board thereof;
(6) aboard as defined in subsection 1(1) of the Education Act; and
(c) an area municipality or a local board thereof in the Region.
Approvals for Development
2.4 Development charges shall be imposed upon all 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 thereto under
section 34 of the Planning Act;
(6) 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 9 of the Condominium
Act, 1998; or
(g) -- the issuing of a permit under the Building Code Act, 1992 in relation
to a building or structure.
Designation of Services
2.5 Council has determined that the development of the land to which this by-
law applies increases the need for the services designated in section 2.8.
2.6 No more than one development charge for each service designated in
section 2.8 shall be imposed on land to which this by-law applies even
though two or more of the actions described in section 2.4 are required
before the land can be developed.
2.7 Notwithstanding section 2.6, if two or more of the actions described in
section 2.4 occur at different times, additional development charges shall
be imposed, if the subsequent action has the effect of increasing the need
for services.
2.8 The categories of services for which development charges are imposed
under this by-law are as follows:
(a) | water supply; and
(b) sanitary sewerage.
The components of the services designated in section 2.8 are described on Schedule "A".
Amount of Charge
Residential
2.9 The development charges set out as Total Development Charges in
Schedule "B" to this by-law shall be imposed upon 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, upon
the residential uses in the mixed use building or structure, according to the
type of residential unit.
Exemptions
2.10 Development charges shall not be imposed in respect to:
(a) -- the issuance of a building permit not resulting in the creation of an
additional dwelling unit;
(b) the enlargement of an existing dwelling unit;
(c) the creation of additional dwelling units in accordance with the
following table:
Description of Class of .
wigs . . Maximum Number of «gs
Existing Residential Additional Dwelling Units Restrictions
Buildings
2.10 (c)(i) Existing
cerached. Sem detached No exemption applies for
which contain a sin i , the creation of a dwelling
. ; g unit or units which would
dwelling unit, and where Two iti h
there are no other dwelling result in more t an a tota
me wa: of three dwelling units on a
units in other buildings or
parcel of land
structures on the parcel of
land
2.10 (c)(ii) Existing No exemption applies for
detached, semi-detached | One the creation of a dwelling
or townhouse dwellings, unit or units which would
wg: Additional Dwelling Units
Buildings
each of which contains a result in more than a total
single dwelling unit and of three dwelling units on a
where there is no more parcel of land
than one dwelling unit in
other buildings or
structures on the parcel of
land
2.10 (c)(iii) Existing This exemption applies
detached, semi-detached only for the creation of a
or townhouse dwellings, dwelling unit in an ancillary
each of which contains no building or structure and
more than 2 dwelling units no exemption applies for
One : .
and where there are no the creation of a dwelling
other dwelling units in unit or units which would
other buildings or result in more than a total
structures on the parcel of of three dwelling units on a
land parcel of land
No exemption applies
where it would result in a
total number of dwelling
; wg: units where units created
2 ON) vidines cach Greater of one and 1% of | under the exemption in this
of which contains four or the existing units in the By-law would exceed the
more dwelling units building greater of one unit or 1%
; of the units existing in the
building prior to the first
exemption for an additional
dwelling unit.
another class of residential | One where a dwelling unit has
building described in this already been created with
table. an exemption this By-law.
(d) the creation of additional dwelling units in accordance with the
following table:
Description of Class of Proposed New | Restrictions
Residential Buildings & Number of
Units Proposed
2.10 (d)(i) the second or third dwelling No exemption applies for the creation of
units in a proposed detached, semi- first dwelling unit or where a dwelling unit
detached or townhouse dwelling where or units which would result in more than a
there are no other dwelling units, existing | total of three dwelling units on a parcel of
or proposed, in other buildings or land
structures on the parcel of land
2.10 (d)(iii) one dwelling unit in a No exemption applies for the creation of a
proposed new residential building that dwelling unit which would result in more
would be ancillary to a proposed new than a total of three dwelling units on a
detached dwelling, semi-detached parcel of land.
dwelling or townhouse dwelling which
would not contain more than a two
dwelling units.
(e) non-profit housing development;
(f) residential units that are affordable housing units required to be
included in a development or redevelopment ("inclusionary zoning
units") pursuant to a by-law passed under section 34 of the Planning
Act to give effect to the policies described in subsection 16 (4) of that
Act; and
(g) once section 4.1 of the Act and related regulations come into force,
affordable residential units.
Mobile Home
2.11 The development charges imposed upon a mobile home under section 2.9
shall be payable at the rate applicable to an apartment. However,
(a) | The development charges paid in regard to a mobile home shall be
refunded in full to the then current owner thereof, upon request, if the
mobile home is removed within ten years of the issuance of the
building permit relating thereto; and
(6) | The onus is on the applicant to produce evidence to the satisfaction
of the Region, acting reasonably, which establishes that the
applicant is entitled to the refund claimed under this section.
Retirement Residence Unit
2.12 The development charges imposed on a retirement residence unit under
section 2.9 shall be payable at the rate applicable to an apartment.
Non-Residential
Institutional
2.13 The development charges set out as Total Development Charges in
Schedule "C" to this by-law shall be imposed upon institutional uses of
lands, buildings or structures, and, in the case of a mixed use building or
structure, upon the institutional uses in the mixed use building or structure.
2.14 The development charges described in section 2.13 of this by-law shall
apply in the Mixed-Use Area.
Non-Institutional
2.15 The development charges set out as Total Development Charges in
Schedule "D" to this by-law shall be imposed upon non-institutional uses of
lands, buildings or structures, and, in the case of a mixed use building or
structure, upon the non-institutional uses in the mixed use building or
structure.
2.16 The development charges described in section 2.15 of this by-law shall
apply in the Mixed-Use Area.
Prestige Employment Land Area
2.17 The development charges set out as Total Development Charges in
Schedule "E" to this by-law shall be imposed upon all uses of lands,
buildings or structures within the Prestige Employment Land Area.
2.18 The development charges described in section 2.17 shall be
(a) | calculated based upon the number of net hectares of the entire
parcel of land upon which the development will occur.
2.19 Notwithstanding sections 2.13 and 2.15 of this by-law, the development
charges described in Schedules "C" and "D" shall not be imposed upon any
uses of lands, buildings or structures within the Prestige Employment Land
Area.
Exemption for Enlargement of Existing Industrial Building
2.20 Despite any other provisions of this by-law, if a development includes the
enlargement of the gross floor area of an existing industrial building, the
amount of the development charge that is payable in respect of the
enlargement shall be calculated as follows:
(a) -- if the gross floor area is enlarged by fifty percent or less, the amount
of the development charge in respect of the enlargement is zero;
(b) if the gross floor area is enlarged by more than fifty percent the
amount of the development charge in respect of the enlargement is
the amount of the development charge that would otherwise be
payable multiplied by the fraction determined as follows:
(i) determine the amount by which the enlargement exceeds fifty
percent of the gross floor area before the enlargement; and
(ii) divide the amount determined under paragraph (i) by the amount
of the enlargement.
2.21 For the purposes of section 2.20 the following provisions apply:
(a) the gross floor area of an existing industrial building shall be
calculated as it existed as of July 1, 2024;
(b) subject to (c) below, the enlargement need not be an attached
addition or expansion of an existing industrial building, but rather may
be a new standalone structure, provided it is located on the same
parcel of land as the existing industrial building;
(c) in the event that the enlargement is in the form of a standalone
building or structure located on the same parcel of land as per (b)
above, prior to the issuance of a building permit for the standalone
building or structure, the owner shall be required to enter into an
agreement with the Region under section 27 of the Act respecting
the timing and calculation of payment of development charges,
notice of which the owner shall register on the title to the lands at its
sole cost and expense with the intention that the provisions shall bind
and run with title to the lands. Such agreement will require that in the
event that the lands upon which any standalone building or structure
is located are the subject of an application for consent under section
53 of the Planning Act; or for which a by-law is passed under
subsection 50(7) of the Planning Act, within 10 years of building
permit issuance for such standalone building or structure, that the
development charges that would have otherwise been payable for
such standalone building or structure, shall become due and
payable.
2.22 In sections 2.20 and 2.21 "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.
(a) | This section does not apply to the development of land within the
Prestige Employment Land Area.
Reduction for Rental Housing Developments
2.23 The development charges set out in Schedule B shall be:
(a) In rental housing development, for dwelling units with 3 or more
bedrooms: 75% of the Total of All Charges shown on Schedule B;
(b) In rental housing development, for dwelling units with 2 bedrooms:
80% of the Total of All Charges shown on Schedule B; and
(c) In rental housing development, for all other dwelling units: 85% of the
Total of All Charges shown on Schedule B;
(d) The amounts in subsections (a) to (c) are in addition to any
applicable mandatory phase-in reductions pursuant to section 3.18
of this by-law.
3. Administration
Timing of Payment of Development Charges
3.1 Development charges, determined in accordance with section 3.12 of and
adjusted in accordance with section 3.14 this by-law, are payable in full on
the date on which a building permit is issued with respect to each dwelling
unit, building or structure.
3.2 Notwithstanding section 3.1, development charges, determined in
accordance with section 3.12 and adjusted in accordance with section 3.14
of this by-law, shall be payable, with respect to an approval of a residential
plan of subdivision under section 51 of the Planning Act, immediately upon
the owner entering into the subdivision agreement with the Region, on the
basis of the proposed number and type of dwelling units in the plan of
subdivision.
3.3 Notwithstanding section 3.2, development charges applicable to a high
density or condominium block in a residential plan of subdivision are
payable in accordance with section 3.1.
3.4 Notwithstanding section 3.1, Council, from time to time, and at any time,
may enter into agreements in accordance with section 27 of the Act which
provide for all or any part of a development charge to be paid before or after
it would otherwise be payable.
3.5 If, at the time of issuance of a building permit or permits in regard to a lot on
a plan of subdivision for which payments have been made pursuant to
section 3.2, the type of dwelling unit for which building permits are being
issued is different than that used for the calculation and payment under
section 3.2, and there has been no change in the zoning affecting such lot,
and the development charges for the type of dwelling unit for which building
permits are being issued were greater at the time that payments were made
pursuant to section 3.2 than for the type of dwelling unit used to calculate
the payment under section 3.2, an additional payment to the Region is
required, which payment, in regard to such different unit types, shall be the
difference between the development charges in respect to the type of
dwelling unit for which building permits are being issued, calculated as at
the date of issuance of the building permit or permits, and the development
charges previously collected in regard thereto, adjusted in accordance with
section 3.12 of this by-law to the date of issuance of the building permit or
permits.
3.6 If, at the time of issuance of a building permit or permits in regard to a lot on
a plan of subdivision for which payments have been made pursuant to
section 3.2, the total number of dwelling units of a particular type for which
building permits have been or are being issued is greater, on a cumulative
basis, than that used for the calculation and payment under section 3.2, and
there has been no change in the zoning affecting such lot, an additional
payment to the Region is required, which payment shall be calculated on
the basis of the number of additional dwelling units at the rate prevailing as
at the date of issuance of the building permit or permits for such dwelling
units.
3.7 If, at the time of issuance of a building permit or permits in regard to a lot on
a plan of subdivision for which payments have been made pursuant to
section 3.2, the type of dwelling unit for which building permits are being
issued is different than that used for the calculation and payment under
section 3.2, and there has been no change in the zoning affecting such lot,
and the development charges for the type of dwelling unit for which building
permits are being issued were less at the time that payments were made
pursuant to section 3.2 than for the type of dwelling unit used to calculate
the payment under section 3.2, a refund in regard to such different unit types
shall be paid by the Region, which refund shall be the difference between
the development charges previously collected, adjusted in accordance with
section 3.12 of this by-law to the date of issuance of the building permit or
permits, and the development charges in respect to the type of dwelling unit
for which building permits are being issued, calculated as at the date of
issuance of the building permit or permits.
3.8 If, at the time of issuance of a building permit or permits in regard to a lot on
a plan of subdivision for which payments have been made pursuant to
section 3.2, the total number of dwelling units of a particular type for which
building permits have been or are being issued is less, on a cumulative
basis, than that used for the calculation and payment under section 3.2, and
there has been no change in the zoning affecting such lot, a refund shall be
paid by the Region, which refund shall be calculated on the basis of the
number of fewer dwelling units at the rate prevailing as at the date of
issuance of the building permit or permits.
3.9 Notwithstanding sections 3.7 and 3.8, a refund shall not exceed the amount
of the development charges paid under section 3.2.
Payment by Services
3.10 Notwithstanding the payments required under sections 3.1 to 3.4, the
Region may, by agreement pursuant to section 38 of the Act, permit an
owner to provide services in lieu of the payment of all or any portion of a
development charge. The Region shall give the owner who performed the
work a credit towards the development charge in accordance with the
agreement subject to the requirements of the Act.
Instalments
3.11 Notwithstanding section 3.1 to 3.4, where development charges become
payable after January 1, 2020 for development of rental housing that is not
non-profit housing development and __ institutional development,
development charges shall be paid in equal annual instalments, with
interest where applicable pursuant to the Region of Durham Development
Charge Interest Rate Policy as amended from time to time, beginning on
the earlier of the date of issuance of a permit under the Building Code Act,
1992 authorizing occupation of the building and the date the building is first
occupied, and continuing on the following five anniversaries of that date.
Determining Amounts Payable
3.12 The development charges payable will be the development charge shown
in the applicable Schedules to this by-law to be payable, with indexing under
section 3.14, and where applicable, with interest under section 3.17, as
follows:
(a) for those developments to which section 3.11 applies,
(i) (for applications filed after December 31, 2019, the day an
application for an approval of development in a site plan control
area under subsection 41 (4) of the Planning Act was made,
provided the first building permit is issued within two years of the
date that application was approved;
(ii) if clause (i) does not apply, for applications filed after December
31, 2019, the day an application for an amendment to a by-law
passed under section 34 of the Planning Act was made, provided
the first building permit is issued within two years of the date that
amendment comes into force and effect; or
(iii) if neither clause (i) nor clause (ii) applies, the day the
development charge would be payable in accordance with
sections 3.1 to 3.4 of this by-law; and
(6) = for those developments to which section 3.11 does not apply,
(i) for applications filed after December 31, 2019, the day an
application for an approval of development in a site plan control
area under subsection 41 (4) of the Planning Act was made,
provided the date the development charge is payable is within
two years of the date that application was approved;
(ii) if clause (i) does not apply, for applications filed after December
31, 2019, the day an application for an amendment to a by-law
passed under section 34 of the Planning Act was made, provided
the date the development charge is payable is within two years
of the date that amendment is brought into force and effect; or
(iii) if neither clause (i) nor clause (ii) applies, the day the
development charge would be payable in accordance with
sections 3.1 to 3.4 of this by-law
Front-Ending Agreements
3.13 Council, from time to time, and at any time, may enter into front-ending
agreements in accordance with the Act.
Indexing
3.14 Development charges imposed pursuant to this by-law shall be adjusted
annually, without amendment to this by-law, as of the 1st day of July, 2025,
and on each successive July 1st date in accordance with the Statistics
Canada Quarterly, Construction Price Statistics, catalogue number 62-207,
for the most recently available annual period ending March 31.
Credits
3.15 A development charges credit arising from the construction or payment of
infrastructure required for water supply services shall only be applied
against a development charge imposed under this by-law for water supply
services.
3.16 A development charges credit arising from the construction or payment of
infrastructure required for sanitary sewerage services shall only be applied
against a development charge imposed under this by-law for sanitary
sewerage services.
Interest
3.17 Development charges payable per this by-law shall bear interest in
accordance with the Region of Durham Development Charge Interest Rate
Policy, as amended from time to time.
Mandatory Phase-in Reduction in First Four Years
3.18 Despite the above, while section 5(6) paragraph 4 of the Act is in force, the
Total Development Charges on Schedules B to E of this by-law shall be
reduced for the first four years this by-law is in force in accordance with the
applicable mandatory phase-in amounts shown under the Total of All
Charges Row on each Schedule, with the annual time period to start on the
day this by-law comes into force and increase to the next annual amount on
the respective anniversary of the day this by-law comes into force.
Schedules
3.19 The following schedules to this by-law form an integral part thereof:
Schedule "A" - Components of Services Designated in section 7
Schedule "B" - Residential Development Charges
Schedule "C" - Institutional Development Charges
Schedule "D" - Non-Institutional Non-Residential Development
Charges
Schedule "E" - Prestige Employment Land Area Development
Charges
Schedule "F" - Map of Seaton Community
Schedule "G" - Map of Prestige Employment Land Area
Date By-law in Force
3.20 This by-law shall come into force on the 1* day of July, 2024.
Repeal
3.21 By-law 38-2019 is hereby repealed effective on the date this by-law comes
into force.
Registration
3.22 A certified copy of this by-law may be registered on title to any land to which
this by-law applies.
Severability
3.23 In the event any provision, or part thereof, of this by-law is found by a court
of competent jurisdiction to be ultra vires, such provision, or part thereof,
shall be deemed to be severed, and the remaining portion of such provision
and all other provisions of this by-law shall remain in full force and effect.
Short Title
3.24 This By-law may be cited as the Regional Municipality of Durham Area
Specific Development Charges By-law for the Seaton Community -- Water
Supply and Sanitary Sewerage Services.
This By-law Read and Passed on the 29" day of May, 2024.
J. Henry, Regional Chair and CEO
A. Harras, Regional Clerk
Schedule "A"
Designated Regional Services and
Service Components Thereunder
Category of Regional Services Service Components
Water Supply e Watermains
e Pumping Stations
e Reservoirs
e Feedermains
e Water Supply Plants and Municipal Wells
e Capital Equipment
e Environmental Assessment
e Water Use Efficiency Strategy
e Well Interference
Sanitary Sewerage e Sewage Pumping Stations and
Forcemains
e Trunk and Sanitary Sewers
e Water Pollution Control Plants
e Sludge Storage and Disposal Facilities
e Capital Equipment
e Environmental Assessment
e Water Use Efficiency
Schedule "B"
Residential Development Charges per Dwelling Unit
$ per Dwelling Unit
Category Semi- Density
Detached Multiples
[SanitarySewerage ||
Sanitary Sewerage Development
Charges
Sewerage Development Charges
Sewerage Development Charges
| Subtotal-- Sanitary Sewerage | 12,646 | 9,991 | 5,817
[WaterSupply |
Water Supply Development
Charges
Supply Development Charges
Development Charges
|Subtotal-Water Supply | 14,949 | 11,810 | 6,876
| Total Development Charges |_--27,595 | 21,801 12,693
With Phase-Ins when applicable (see Section 3.18
10,153
10,788
| July 1, 2026 to June 30, 2027 (90%) | 24,835 | 19,621, | 11,425
| July 1, 2027 to June 30, 2028 (95%) | 26,216 =| 20,712, | 12,058
NOTE: The development charges described above shall be adjusted annually on
July 1 pursuant to Section 3.14 of this By-law.
Schedule "C"
Institutional Development Charges
$ per Square Foot of Gross Floor Area
Categor Charges
|SanitarySewerage |
(i) Seaton Landowners Constructed 0.85
ccc
Charges
Sewerage Development Charges
Sewerage Development Charges
|Subtotal-SanitarySewerage | 185
[WaterSupply
(i) Seaton Landowners Constructed 0.11
eevee
Charges
Supply Development Charges
Development Charges
|Subtotal-Water Supply | 06
[Total Development Charges | 2.94
Re
| July 1, 2026 to June 30,2027 (90%) | 2.620
NOTE: The development charges described above shall be adjusted
annually on July 1 pursuant to Section 3.14 of this By-law.
Schedule "D"
Non-Institutional Non-Residential Development Charges
$ per Square Foot of Gross Floor Area
Categor Charges
|SanitarySewerage |
Sanitary Sewerage Development
Charges
Sewerage Development Charges
Sewerage Development Charges
| Subtotal-SanitarySewerage | KB
[WaterSupply |
Water Supply Development
Charges
Supply Development Charges
Development Charges
Re
NOTE: The development charges described above shall be adjusted
annually on July 1 pursuant to Section 3.14 of this By-law.
Schedule "E"
Prestige Employment Land Area Development Charges
$ per Net Hectare
Categor Development Charges
|[SanitarySewerage |
(i) Seaton Landowners Constructed 134,914
"gecesi
Charges
Sewerage Development Charges
Sewerage Development Charges
| Subtotal- Sanitary Sewerage | 289,122
[WaterSupply |
(i) Seaton Landowners Constructed 16,536
'eevee
Charges
Supply Development Charges
Development Charges
454,936
ee
NOTE: The development charges described above shall be adjusted
annually on July 1 pursuant to Section 3.14 of this By-law.
Schedule "F"
Seaton Community
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Schedule "G"
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