Regional Residential and Non-residential Development Charges By-law No. 42-2023
Regional Municipality of Durham, Ontario
· No. 42-2023
· adopted 2023-06-14
· summary & facts
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Authority: Report #2023-F-13
By-law Number 42-2023
of The Regional Municipality of Durham
Being a by-law regarding the imposition of development charges.
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, dated March 28, 2023, has
been prepared in support of the imposition of development charges;
AND WHEREAS the Council of the Regional Municipality of Durham has given notice and
will hold a public meeting on April 12, 2023, 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;
AND WHEREAS Council considered all of the submissions made in respect of the
background study and the proposed development charges;
AND WHEREAS at the Council meeting on June 14, 2023, Council approved the Study
and adopted the recommendations in Report #2023-F-13;
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) "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;
(c) "air-supported structure" means a structure consisting of a pliable
membrane that achieves and maintains its shape and is supported by
internal air pressure;
(d) "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;
(e) "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;
(f) "area municipality" means a lower-tier municipality that forms part of the
Region;
(g) "bedroom" means a habitable room, of at least seven square meters (7
m?) where a built-in closet is not provided, or at least six square meters (6
m?) 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;
(h) "building or structure" means a permanent enclosed structure and
includes an air-supported structure;
(i) "commercial accessory building or structure" means a building or
structure that complies with all of the following criteria:
(i) is not essential to,
(ii) | is naturally and normally incidental to or subordinate in purpose to,
(iii) is exclusively devoted to,
(iv) is detached from, and
(v) is situated on the same property as,
a principal commercial use. Commercial accessory buildings or structures shall
include, but not limited to, the separate storage of refuse or the storage of
mechanical equipment related to the operation or maintenance of the principal
use, building, structure or site. Commercial accessory buildings or structures
shall not include any building or structure, whether in whole or in part, falling
within the definition of "commercial use" in this by-law;
(j) "commercial use" means land, buildings or structures used, designed or
intended for use for either or both of office and retail uses as defined in
this by-law;
(k) | "Council" means the Council of the Regional Municipality of Durham;
(I) "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;
(m) "development" includes redevelopment;
(n) "development charges" means charges imposed pursuant to this By-law
in accordance with the Act, except in sections 3.2 to 3.11 where
"development charges" means charges with respect to water supply
services, sanitary sewer services and regional road services;
(0) "duplex" means a building comprising, by horizontal division, two dwelling
units on one parcel of land;
(p) "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;
(q) "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,
1. carried out with respect to manufacturing, producing,
processing, storage or distributing of something, and
2. in or attached to the building or structure used for that
manufacturing, producing, processing, storage or
distribution;
(r) "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;
(Ss) "gross floor area" means (except for the purposes of sections 2.24 to
2.26), 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;
(t) "hospice" means a building or structure used to provide not for profit
palliative care to the terminally ill;
(u) "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;
(v) "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;
(w) "institutional development" for the purposes of section 3.13 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 aretirement 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) as amemorial home, clubhouse or athletic grounds by an Ontario
branch of the Royal Canadian Legion; or
(v) asa hospice to provide end of life care.
(x) "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;
(y) | "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";
(z) | "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;
(aa) "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;
(bb) 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) | acorporation 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) | anon-profit housing co-operative that is in good standing under the Co-
operative Corporations Act.
(cc) "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 commercial, industrial and institutional uses;
(dd) "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;
(ee) "place of worship" means a building or structure or part thereof that is
used primarily for worship and is exempt from taxation as a place of
worship under the Assessment Act;
(ff) | "plex" means a duplex, a semi-detached duplex, a triplex or a semi-
detached triplex;
(gg) "Region" means the Regional Municipality of Durham;
(hh) "region-wide charges" means the development charges imposed in
regard to the region-wide services;
(ii) "region-wide services" means services in regard to regional roads,
regional police, paramedic services, long term care, and waste diversion;
(jj) "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.
(kk) "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 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;
(Il) "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;
(mm) "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;
(nn) "retirement residence unit" means a unit within a retirement residence;
(00) "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;
(pp) "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;
(qq) "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;
(rr) "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;
(ss) "semi-detached triplex" means one of a pair of triplexes divided vertically
one from the other by a party wall;
(tt) | "serviced" means the particular service is connected to or available to be
connected to the lands, buildings or structures, or, as a result of the
development, will be connected to or will be available to be connected to
the lands, buildings or structures, or the lands to be developed are in an
area designated for the particular service in the Region's Official Plan;
(uu) "services" means the services designated in section 2.10 of this by-law;
(vv) "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;
(ww) "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;
(xx) "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;
(yy) "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 2.11,
2.17 to 2.22 of this by-law where:
(a) -- the lands are located in the area described in subsection 2.2 of this by-
law; and
(b) the development of the lands requires any of the approvals set out in
section 2.5.
Area to Which By-law Applies
2.2 Subject to subsections 2.3 and 2.4, this by-law applies to all lands in the Region.
2.3 This by-law shall not apply to lands that are owned by and used for the purposes
of:
(a) -- the Region or a local board thereof;
(b) aboard as defined in subsection 1(1) of the Education Act; and
(c) an area municipality or a local board thereof in the Region.
2.4 Development charges imposed under this by-law in regard to water supply and
sanitary sewerage services do not apply to the development of lands located
within the Seaton Community. For greater certainty, the balance of the
development charges imposed under this by-law apply to the development of
lands located within the Seaton Community.
Approvals for Development
2.5 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;
(Cc) | aconveyance 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 Acct,
1998; or
(g) the issuing of a permit under the Building Code Act, 1992 in relation to a
building or structure.
Designation of Services
2.6 It is hereby declared by Council that all development of land within the area to
which this By-law applies will increase the need for services.
2.7 The development charges under this By-law applicable to a development shall
apply without regard to the services required or used by a particular
development.
2.8 No more than one development charge for each service designated in section
2.10 shall be imposed on land to which this by-law applies even though two or
more of the actions described in section 2.5 are required before the land can be
developed.
2.9 Notwithstanding subsection 2.8, if two or more of the actions described in
section 2.5 occur at different times, additional development charges shall be
imposed if the subsequent action has the effect of increasing the need for
services.
2.10 The categories of services for which development charges are imposed under
this by-law are as follows:
(a) water supply;
(b) sanitary sewerage;
(c) regional roads;
(d) long term care;
(e) regional police;
(f) paramedic services; and
(g) waste diversion;
The components of the services designated in subsection 2.10 are described on Schedule
Amount of Charge
Residential
2.11 The development charges described 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. The development charges
payable shall comprise the following:
(a) | Region-wide Charges
(i) a development charge with respect to each of the region-wide services
according to the type of residential use;
(b) | Regional Water Supply and Sanitary Sewer Charges
(i) where the lands, buildings or structures are serviced by regional water
supply services, the development charge with respect to water supply
services according to the type of residential use;
(ii) | where the lands, buildings or structures are serviced by regional
sanitary sewer services, the development charge with respect to
sanitary sewer services according to the type of residential use.
Exemptions
2.12 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:
ar Maximum
Description of Class of
Lge . . Number of «gs
Existing Residential gs Restrictions
Buildinas Additional
g Dwelling Units
2.12 (c)(i) Existing
detached, semi-detached
Or townhouse dwellings, No exemption applies for the creation of
which contain a single . . f hich
dwelling unit, and where | Two a dwelling unit or units whic would result
, in more than a total of three dwelling
there are no other .
. a units on a parcel of land
dwelling units in other
buildings or structures on
the parcel of land
2.12 (c)(ii) Existing
detached, semi-detached
or townhouse dwellings,
each of which contains a No exemption applies for the creation of
single dwelling unit and One a dwelling unit or units which would result
where there is no more in more than a total of three dwelling
than one dwelling unit in units on a parcel of land
other buildings or
structures on the parcel
of land
2.12 (c)(iii) Existing This exemption applies only for the
detached, semi-detached 0 creation of a dwelling unit in an ancillary
or townhouse dwellings, ne building or structure and no exemption
each of which contains applies for the creation of a dwelling unit
no more than 2 dwelling or units which would result in more than a
units and where there are total of three dwelling units on a parcel of
no other dwelling units in land
other buildings or
structures on the parcel
of land
No exemption applies where it would
2.12 (c)(iv) Existing rental G result in a total number of dwelling units
; wa: reater of one . .
residential buildings, } where units created under the exemption
. , and 1% of the re
each of which contains . gs as in this By-law would exceed the greater
. existing units in . . oe ,
four or more dwelling the building of one unit or 1% of the units existing in
units. the building prior to the first exemption for
an additional dwelling unit.
2.12 (c)(v) An existing
residential building not in No exemption applies where a dwelling
another class of One unit has already been created with an
residential building exemption this By-law.
described in this table.
(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
2.12 (d)(i) the second or third dwelling No exemption applies for the creation of first
units in a proposed detached, semi- dwelling unit or where a dwelling unit or units
detached or townhouse dwelling where which would result in more than a total of
there are no other dwelling units, existing | three dwelling units on a parcel of land
or proposed, in other buildings or
structures on the parcel of land
2.12 (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 than
would be ancillary to a proposed new a total of three dwelling units on a parcel of
detached dwelling, semi-detached land.
dwelling or townhouse dwelling which
would not contain more than a two
dwelling units.
(e) non-profit housing development; and
(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;
Mobile Home
2.13 The development charges imposed upon a mobile home under section 2.11
shall be payable at the rate applicable to an apartment of two bedrooms or
larger.
2.14 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.
2.15 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
2.16 The development charges imposed on a retirement residence unit under section
2.11 shall be payable at the rate applicable to an apartment of one bedroom and
smaller.
Non-Residential
Commercial
2.17 The development charges described in Schedule "C" to this by-law shall be
imposed upon commercial uses of lands, buildings or structures, and, in the
case of a mixed use building or structure, upon the commercial uses in the
mixed use building or structure. The development charges payable shall
comprise the following:
(a) | Regional Road Charges
(i) a development charge with respect to regional road services according
to the gross floor area of the commercial use;
(b) | Regional Water Supply and Sanitary Sewer Charges
(i) where the lands, buildings or structures are serviced by regional water
supply services, the development charge with respect to water supply
services according to the gross floor area of the commercial use;
(ii) | where the lands, buildings or structures are serviced by regional
sanitary sewer services, the development charge with respect to
sanitary sewer services according to the gross floor area of the
commercial use.
2.18 Subject to subsections 2.19 and 2.20 of this by-law, the development charges
imposed on commercial accessory buildings or structures shall be payable at the
rate applicable to industrial development under Schedule "E".
2.19 The application of development charges at the industrial rate in regard to
commercial accessory buildings or structures shall be limited to an aggregate of
7,000 square feet of gross floor area of all such buildings or structures on the
same site.
2.20 Development charges at the rate applicable to commercial development under
Schedule "C" shall be imposed upon the gross floor area of commercial
accessory buildings or structures in excess of 7,000 square feet on the same
site.
Institutional
2.21 The development charges described in Schedule "D" 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. The development charges payable shall comprise the
following:
(a) | Regional Road Charges
(i) a development charge with respect to regional road services according
to the gross floor area of the institutional use;
(b) | Regional Water Supply and Sanitary Sewer Charges
(i) where the lands, buildings or structures are serviced by regional water
supply services, the development charge with respect to water supply
services according to the gross floor area of the institutional use;
(ii) | where the lands, buildings or structures are serviced by regional
sanitary sewer services, the development charge with respect to
sanitary sewer services according to the gross floor area of the
institutional use.
Industrial
2.22 The development charges described in Schedule "E" to this by-law shall be
imposed upon industrial uses of lands, buildings or structures, and, in the case
of a mixed use building or structure, upon the industrial uses in the mixed use
building or structure. The development charges payable shall comprise the
following:
(a) | Regional Road Charges
(i) a development charge with respect to regional road services according
to the gross floor area of the industrial use;
(b) | Regional Water Supply and Sanitary Sewer Charges
(i) where the lands, buildings or structures are serviced by regional water
supply services, the development charge with respect to water supply
services according to the gross floor area of the industrial use;
(ii) | where the lands, buildings or structures are serviced by regional
sanitary sewer services, the development charge with respect to
sanitary sewer services according to the gross floor area of the
industrial use.
Exemptions
2.23 Notwithstanding the provisions of this by-law, development charges shall not be
imposed in regard to:
(a) agricultural uses and farm buildings;
(6) -- places of worship;
(c) public hospitals receiving aid under the Public Hospitals Act, R.S.O. 1990,
c. P.40, excluding such buildings or structures or parts thereof used,
designed or intended for use primarily for or in connection with a
commercial purpose;
(d) any part of a building or structure used for the parking of motor vehicles,
excluding parking spaces for display of motor vehicles for sale or lease or
parking spaces associated with the servicing of motor vehicles;
(e) free standing roof-like structures and canopies that do not have exterior
walls; and
(f) land vested in or leased to a university that receives regular and ongoing
operating funds from the government for the purposes of post-secondary
education, but only if the lands are occupied and used by the university.
Exemption for Enlargement of Existing Industrial Building
2.24 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) ifthe gross floor area is enlarged by fifty percent or less, the amount of
the development charge in respect of the enlargement is zero;
(b) ~-- ifthe 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.
2.25 For the purposes of subsection 2.24 the following provisions apply:
(a) -- the gross floor area of an existing industrial building shall be calculated as
it existed as of July 1, 2023;
(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.
2.26 In subsections 2.24 and 2.25 "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.
Reduction of Development Charges For Redevelopment
2.27 Despite any other provision of this by-law, where, as a result of the
redevelopment of land, a building or structure existing on the land within five
years 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, in order to facilitate the redevelopment, the
development charges otherwise payable with respect to such redevelopment
shall be reduced by the following amounts:
(a) -- inthe case of a residential building or structure, the amount of the
reduction in the applicable development charges will equal the applicable
development charges under section 2.11 of this by-law that would have
been chargeable on the type of dwelling units demolished or to be
demolished or converted to another use; and
(6) inthe case of a non-residential building or structure, the amount of the
reduction in the applicable development charges will equal the applicable
development charges under sections 2.17 to 2.22 of this by-law that
would have been chargeable on the gross floor area of the non-residential
building or structure that was demolished or to be demolished or
converted to another use;
(c) in the case of a non-residential building or structure that would have been
exempt from the payment of development charges under the current
Regional Development Charge By-law, the amount of the reduction in the
applicable development charge will equal the applicable development
charge under section 2.21 of this by-law that, had the building or structure
not been exempt, could have been chargeable on the gross floor area of
the non-residential building or structure that was demolished or to be
demolished or converted to another use; and
(d) in the case of a mixed-use building or structure, the amount of the
reduction in the applicable development charges will equal the applicable
development charges under sections 2.11, 2.17 to 2.22 of this by-law that
would have been chargeable either upon the type of dwelling units or the
gross floor area of non-residential use in the mixed-use building or
structure that is being demolished or to be demolished or converted to
another use;
provided that such amounts shall not exceed, in total, the amount of the
development charges otherwise payable with respect to the redevelopment.
2.28 The five year period referred to in subsection 2.27 of this by-law shall be
calculated from the date of the issuance of the first demolition permit.
2.29 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
reduction in the payment of development charges claimed under this section.
Reduction for Rental Housing Development
2.30 The development charges set out on 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;
(6) 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 3.14 and adjusted
in accordance with section 3.16 of 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 sections 3.14 and adjusted in accordance with section 3.16 of this by-law,
with respect to water supply services, sanitary sewer services and regional road
services 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 subsection 3.2, where an owner elects to enter into an
agreement with the Region pursuant to section 27 of the Act, development
charges with respect to water supply services, sanitary sewer services and
regional road services may be payable as follows:
(a) | upon the execution of the subdivision agreement, 50% of the
development charges otherwise payable under subsection 3.2, adjusted
in accordance with section 3.16 to the date of payment; and
(b) onthe first anniversary date of the execution of the subdivision
agreement, 50% of the development charges otherwise payable under
subsection 3.2, adjusted in accordance with section 3.16 to the date of
payment;
provided, however, in regard to any lot on the plan of subdivision, any balance of
the development charges owing during the one year period following execution
of the subdivision agreement shall become payable, after adjustment in
accordance with section 3.16 to the date of payment, on the date a building
permit is issued in regard to such lot.
3.5 The balance of the development charges outstanding at any time that are
payable in accordance with subsection 3.4 shall be secured by a letter of credit,
in a form acceptable to the Region, in an amount which is equal to 55% of the
development charges as determined under section 2.11. The payment of the
outstanding balance under subsection 3.4 may be made by way of a draw by the
Region on the letter of credit.
3.6 Notwithstanding subsection 3.1 and subsection 3.4, 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.
3.7 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 subsection
3.2 or 3.4, the type of dwelling unit for which building permits are being issued is
different than that used for the calculation and payment under subsection 3.2 or
3.4, 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
subsection 3.2 or 3.4 than for the type of dwelling unit used to calculate the
payment under subsection 3.2 or 3.4, 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 3.16
of this by-law to 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 subsection
3.2 or 3.4, 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 subsection 3.2 or 3.4, 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.
3.9 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 subsection
3.2 or 3.4, the type of dwelling unit for which building permits are being issued is
different than that used for the calculation and payment under subsection 3.2 or
3.4, 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
subsection 3.2 or 3.4 than for the type of dwelling unit used to calculate the
payment under subsection 3.2 or 3.4, 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 3.16 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.
3.10 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 subsection
3.2 or 3.4, 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 subsection 3.2 or 3.4, 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.
3.11 Notwithstanding subsections 3.9 and 3.10, a refund shall not exceed the amount
of the development charges paid under subsections 3.2 to 3.6.
Payment by Services
3.12 Notwithstanding the payments required under subsection 3.1 to 3.6, 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.
3.13 Notwithstanding subsection 3.1 to 3.6, 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 Amount Payable
3.14 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
3.16, and where applicable, with interest under section 3.17, as follows:
(a) for those developments to which section 3.13 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 3.1 to 3.6 of this by-law;
and
(6) for those developments to which section 3.13 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 3.6 of this
by-law.
Front-Ending Agreements
3.15 Council, from time to time, and at any time, may enter into front-ending
agreements in accordance with the Act.
Indexing
3.16 Development charges imposed pursuant to this by-law shall be adjusted
annually, without amendment to this by-law, as of the 1° day of July, 2024, and
on each successive July 1% 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.
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, the Total of All 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.
3.19 The following schedules to this by-law form an integral part thereof:
(a) Schedule "A" - Components of Services Designated in section
2.10
(6) Schedule "B" - Residential Development Charges
(c) Schedule "C" - Commercial Development Charges
(d) Schedule "D'~ - Institutional Development Charges
(e) Schedule "EE" - Industrial Development Charges
(f) Schedule "F" --- Map of Seaton Community
Date By-law in Force
3.20 This by-law shall come into force on July 1, 2023.
Repeal
3.21 By-law No.28-2018 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 Development
Charges By-law, 2023.
This By-law Read and Passed on the 14" day of June, 2023.
J. Henry, Regional Chair and CEO
A. Harras, Regional Clerk
Schedule "A"
Designated Regional Services and
Service Components Thereunder
Category of Regional Service Components
Services
1. Regional Road e Regional Road
Construction/Improvements/Urbanization
e Improvements to Highway Interchanges/Grade
Separations
e Intersection and Corridor Improvements
e Traffic Signals and Systems
e Property Acquisition
e Maintenance Facilities
e Capital Equipment
e Landscaping
e Environmental Assessment
2. Regional Police e Costs to Acquire Land or an Interest in Land,
Including a Leasehold Interest
e Costs to Improve Land
e Costs to Acquire, Lease, Construct or Improve
Buildings and Structures
e Costs to Acquire, Lease, Construct or Improve
Facilities
e Vehicles and Capital Equipment
3. Long Term Care e Costs to Improve Land
e Costs to Acquire, Lease, Construct or
Improve Buildings and Structures
e Costs to Acquire, Lease, Construct or
e Improve Facilities
4. Water Supply e Pumping Stations
e Reservoirs
e Feedermains
e Water Supply Plants and Municipal Wells
e Property Acquisition
e Capital Equipment
e Environmental Assessment
e Water Use Efficiency Strategy
e Well Interference
5. Sanitary Sewerage e Sewage Pumping Stations and Forcemains
e Trunk Sanitary Sewers
e Water Pollution Control Plants
e Sludge Storage and Disposal Facilities
e Property Acquisition
e Capital Equipment
e Environmental Assessment
e Water Use Efficiency
6. Paramedic Services e Costs to Acquire Land or an Interest in Land,
Including a Leasehold Interest
e Costs to Improve Land
e Costs to Acquire, Lease, Construct or Improve
Buildings and Structures
e Costs to Acquire, Lease, Construct or Improve
Facilities
e Vehicles and Capital Equipment
7. Waste Diversion e Costs for Construction of new Buildings or Units
e Capital Equipment
Schedule "B"
Residential Development Charges per Dwelling Unit
$ per Dwelling Type
Service Medium Two One
Category Detached & Density Bedroom Bedroom
Semi- Multiples Apartment Apartment
Detached $ & Larger & Smaller
$ $ $
Regional Roads 26,998 21,501 15,718 9,654
29,058 23,141 16,918 10,391
Regional Water Supply & Sanitary Sewer Charges
Water Supply 26,117 20,800 15,206 9,340
Sanitary Sewerage 23,858 19,000 13,890 8,531
49,975 39,800 29,096 17,871
Total of All Charges 79,033 46,014
(July 1, 2027 onward --
see Section 3.18)
With Phase-Ins (see Section 3.18)
July 1, 2023 to June 30, 63,226 50,353 36,811
2024 (80%)
July 1, 2024 to June 30, 67,178 53,500 39,112 24,023
2025 (85%)
July 1, 2025 to June 30, 71,130 56,647 41,413 25,436
2026 (90%)
July 1, 2026 to June 30, 75,081 59,793 43,713 26,849
2027 (95%)
NOTE: The development charges described above shall be adjusted annually on July
1 pursuant to Section 3.16 of this By-law.
Schedule "C"
Commercial Development Charges
$ per Square Foot of Gross Floor Area
Service Commercial
Category Development
Charges
Sanitary Sewerage 12.06
Regional Roads 21.91
Total of All Charges (July 1, 2027 41.48
onward -- see Section 3.18)
With Phase-Ins (see Section 3.18)
July 1, 2023 to June 30, 2024 (80%) 33.19
July 1, 2024 to June 30, 2025 (85%) 35.26
July 1, 2025 to June 30, 2026 (90%) 37.33
July 1, 2026 to June 30, 2027 (95%) 39.41
NOTE: The development charges described above shall be adjusted annually
on July 1 pursuant to Section 3.16 of this By-law.
Schedule "D"
Institutional Development Charges
$ per Square Foot of Gross Floor Area
Service Institutional
Category Development
Charges
Water Supply 2.03
Regional Roads 16.61
Total of All Charges (July 1, 2027
onward -- see Section 3.18)
With Phase-Ins (see Section 3.18)
July 1, 2023 to June 30, 2024 (80%) 17.25
July 1, 2024 to June 30, 2025 (85%) 18.33
July 1, 2025 to June 30, 2026 (90%) 1840
July 1, 2026 to June 30, 2027 (95%) 20.48
NOTE: The development charges described above shall be adjusted
annually on July 1 pursuant to Section 3.16 of this By-law.
Schedule "E"
Industrial Development Charges
$ per Square Foot of Gross Floor Area
SERVICE INDUSTRIAL
CATEGORY DEVELOPMENT
CHARGES
Total of All Charges (July 1, 2027
onward -- see Section 3.18)
With Phase-Ins (see Section 3.18)
July 1, 2023 to June 30, 2024 (80%) 186T
July 1, 2024 to June 30, 2025 (85%) 1858
July 1, 2025 to June 30, 2026 (90%) 17.56
July 1, 2026 to June 30, 2027 (95%) 18.53
NOTE: The development charges described above shall be adjusted
annually on July 1 pursuant to Section 3.16 of this By-law.
Schedule "F"
Seaton Community
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