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THE REGIONAL MUNICIPALITY OF HALTON
BY-LAW NO. 25-22
A BY-LAW TO ESTABLISH WATER, WASTEWATER, ROADS AND GENERAL
SERVICES DEVELOPMENT CHARGES FOR THE REGIONAL MUNICIPALITY
OF HALTON (BUILT BOUNDARY AND GREENFIELD AREAS) AND TO REPEAL
BY-LAW NO. 36-17.
WHEREAS subsection 2(1) of the Act provides that the council of a municipality
may by by-law impose development charges against land to pay for increased
capital costs required because of increased needs for services arising from the
development of the land in the area to which the by-law applies;
AND WHEREAS Council has before it the Study;
AND WHEREAS the Study and the proposed development charges by-law were
made available to the public, Council gave notice to the public and held a meeting
open to the public, through its Statutory Public Meeting and Hearing Committee,
pursuant to section 12 of the Act on February 16, 2022, and Council considered
the Study, received written submissions and heard comments and representations
concerning the Study from all persons who applied to be heard;
AND WHEREAS at a meeting open to the public held on April 20, 2022, Council
adopted the recommendations in Report No. FN-12-22, thereby updating its capital
budget and forecast where appropriate and thereby indicating that it intends that
the increase in the need for services to service the anticipated development will be
met;
AND WHEREAS at a meeting open to the public held on April 20, 2022, Council
adopted the recommendations in Report No. FN-12-22 thereby expressing its
intention that development-related post 2031 capacity identified in the Study shall
be paid for by development charges or other similar charges;
AND WHEREAS at a meeting open to the public held on April 20, 2022, Council
approved the Study and adopted the recommendations in Report No. FN-12-22
thereby determining that no further public meetings were required under section
12 of the Act.
NOW THEREFORE THE COUNCIL OF THE REGIONAL MUNICIPALITY OF
HALTON HEREBY ENACTS AS FOLLOWS:
Definitions
1.
THAT in this By-law:
Page 2 of 42 of By-law No. 25-22
(a)
"accessory commercial building" means a building that is naturally
or normally incidental to or subordinate in purpose and is exclusively
devoted to the principal commercial use on the lot;
(b)
"accessory dwelling" means a dwelling unit that is naturally or
normally incidental to or subordinate in purpose and is exclusively
devoted to a single detached dwelling or a semi-detached dwelling;
(c)
"Act" means the Development Charges Act, 1997, S.O. 1997, c. 27,
as amended or successor legislation;
(d)
"agricultural development" means development of land and
buildings that support a bona fide farming operation, which may
include a farming operation that includes separate adjoining lots,
including greenhouses which are not connected to Regional water
services or wastewater services, sod farms and farms for the
breeding and boarding of horses, and includes, but is not limited to,
barns, silos and other ancillary buildings to such agricultural
development but excluding any component thereof that are
residential use, an industrial, a commercial use or a retail
development, including but not limited to the breeding, boarding
and/or grooming of household pets;
(e)
"air-supported structure" means a structure consisting of a pliable
membrane that achieves and maintains its shape and support by
internal air pressure;
(f)
"apartment dwelling" means a building containing more than one
dwelling unit where the units are connected by an interior corridor.
Despite the foregoing, an apartment dwelling includes, those stacked
townhouse dwellings and/or back-to-back townhouse dwellings that
are developed on a block approved for development at a minimum
density of sixty (60) units per net hectare pursuant to plans and
drawings approved under section 41 of the Planning Act;
(g)
"back-to-back townhouse dwelling" means a building containing
four or more dwelling units separated vertically by a common wall(s),
that do not have rear yards;
(h)
"bedroom" means a habitable room of at least seven square metres
(7 m2), including a den, study, loft, or other similar area, but does not
include a living room, dining room, kitchen or other space;
(i)
"board of education" means an English-language district school
board, an English-language separate district school board, a French-
language district school board and a French-language separate
district school board;
Page 3 of 42 of By-law No. 25-22
(j)
"building" means a permanent enclosed structure occupying an
area greater than ten square metres (10 m²) and despite the
foregoing includes, but is not limited to:
(i)
an above-grade storage tank;
(ii)
an air-supported structure;
(iii)
an industrial tent;
(iv)
a roof-like structure over a gas-bar or service station; and
(v)
an area attached to and/or ancillary to a retail development
delineated by one or more walls or part walls, a roof-like
structure or any of them;
(k)
"Built Boundary" means that part of the Region shown as Built
Boundary on Schedule "A" to this By-law and includes that part of the
Region shown as Natural Heritage System that is within the Built
Boundary area shown on Schedule "A" to this By-law;
(l)
"charitable dwelling" means a part of a residential building or a part
of the residential portion of a mixed-use building maintained and
operated by a corporation approved under the Long-Term Care
Homes Act, 2007 S.O. 2007, c.8, as amended or successor
legislation as a home or joint home, an institution, or nursing home
for persons requiring residential, specialized or group care and
includes a children's residence under the Child and Family Services
Act, R.S.O. 1990, c. C.11, as amended or successor legislation, and
a home for special care under the Homes for Special Care Act,
R.S.O. 1990, c. H.12, as amended or successor legislation;
(m)
"commercial use" means land, buildings or portions thereof used,
designed or intended for a non-residential use that is not retail or
industrial, and includes uses which serve academic, medical/dental,
and cultural needs that are not located within or part of a retail
development;
(n)
"correctional group home" means a residential building or the
residential portion of a mixed-use building containing a single
housekeeping unit supervised on a twenty-four (24) hour basis on
site by agency staff on a shift rotation basis, and funded wholly or in
part by any government or its agency, or by public subscription or
donation, or by any combination thereof, and licensed, approved or
supervised by the Ministry of Correctional Services as a detention or
correctional facility under any general or special act as amended or
successor legislation. A correctional group home may contain an
Page 4 of 42 of By-law No. 25-22
office provided that the office is used only for the operation of the
correctional group home in which it is located;
(o)
"Council" means the Council of the Region;
(p)
"development" means the construction, erection or placing of one or
more buildings on land or the making of an addition or alteration to a
building that has the effect of increasing the size or usability and/or
changing the use thereof and development shall include
redevelopment;
(q)
"dwelling unit" means either (i) a room or suite of rooms used,
designed or intended for residential use by one or more persons
living together, in which culinary and sanitary facilities are provided
for the exclusive use of such person or persons, or (ii) in the case of
a special care/special need dwelling, either (1) a room or suite of
rooms used, designed or intended for use by one person with or
without exclusive sanitary and/or culinary facilities, or (2) a room or
suite of rooms used, designed or intended for use by more than one
person with no more than two persons sharing a bedroom and with
sanitary facilities directly connected and accessible to each room, or
(3) every seven square metres (7 m2) of area within a room or suite
of rooms used, designed or intended for use by more than one
person as a bedroom;
(r)
"existing industrial building" shall have the same meaning as the
term is defined in the Regulation, and shall not include self-storage
facilities and retail warehouses;
(s)
"garden suite" means a building containing one (1) dwelling unit
where the garden suite is detached from and ancillary to an existing
single detached dwelling or semi-detached dwelling on the lands and
such building is designed to be portable;
(t)
"grade" means the average level of proposed finished ground
adjoining a building at all exterior walls;
(u)
"Greenfield" means that part of the Region shown as Greenfield on
Schedule "A" to this By-law and includes that part of the Region
shown as Natural Heritage System that is within the Greenfield area
shown on Schedule "A" to this By-law;
(v)
"group home" means a residential building or the residential portion
of a mixed-use building containing a single housekeeping unit which
may or may not be supervised on a twenty-four (24) hour basis on
site by agency staff on a shift rotation basis, and funded wholly or in
part by any government or its agency, or by public subscription or
donation, or by any combination thereof and licensed, approved or
Page 5 of 42 of By-law No. 25-22
supervised by the Province of Ontario for the accommodation of
persons under any general or special act as amended or successor
legislation;
(w)
"high density apartment" means an apartment dwelling of a
minimum of four (4) storeys or containing more than one hundred
thirty (130) dwelling units per net hectare pursuant to plans and
drawings approved under Section 41 of the Planning Act;
(x)
"industrial" means non-retail uses where the land or buildings, or
portions thereof are intended or designed for manufacturing,
producing, processing, storing or distribution of something, including
research or development in connection with manufacturing,
producing or processing something, and the retail sale by a
manufacturer, producer or processor of something that they have
manufactured, produced or processed, if the retail sales are at the
site where the manufacturing, production or processing takes place,
as well as office space that is ancillary to the producing, processing,
storing or distribution of something at the site, but shall not include
self-storage facilities or retail warehouses;
(y)
"institutional development" means development of a building or
structure, or portions thereof, intended for use,
(a)
as a long-term care home within the meaning of subsection
2(1) of the Long-Term Care Homes Act, 2007;
(b)
as a retirement home within the meaning of subsection 2(1)
of the Retirement Homes Act, 2010, S.O. 2010, c. 11;
(c)
by any of the following post-secondary institutions for the
objects of the institution:
(i)
a university in Ontario that receives direct, regular, and
ongoing operating funding from the Government of
Ontario,
(ii)
a college or university federated or affiliated with a
university described in subclause (i), or
(iii)
an Indigenous Institute prescribed for the purposes of
section 6 of the Indigenous Institutes Act, 2017, S.O.
2017, c. 34, Sched. 20;
(d)
as a memorial home, clubhouse, or athletic grounds by an
Ontario branch of the Royal Canadian Legion; or
Page 6 of 42 of By-law No. 25-22
(e)
as a hospice to provide end of life care;
(z)
"interest rate" means the annual rate or rates of interest as
established through the development charge interest policy, as may
be revised from time to time;
(aa)
"local municipality" means The Corporation of the City of
Burlington, The Corporation of the Town of Oakville, The Corporation
of the Town of Milton or The Corporation of the Town of Halton Hills;
(bb)
"lot" means a lot, block or parcel of land capable of being legally and
separately conveyed;
(cc)
"mezzanine" means an intermediate floor assembly between the
floor and ceiling of any room or storey and includes an interior
balcony;
(dd)
"mixed-use" means the use, design or intended use of the same
land or building for a combination of non-residential development
and residential development;
(ee)
"mobile home" means any dwelling that is designed to be made
mobile, and constructed or manufactured to provide a residence for
one or more persons, but does not include a travel trailer or tent
trailer;
(ff)
"multiple dwelling" means a building containing more than one
dwelling unit or one or more dwelling units above the first storey of a
building containing a non-residential use but a multiple dwelling does
not include an accessory dwelling, a single detached dwelling, a
semi-detached dwelling, an apartment dwelling, or a special
care/special need dwelling;
(gg)
"Natural Heritage System" means that part of the Region shown as
Natural Heritage System on Schedule "A" to this By-law and areas
identified as Natural Heritage System on Schedule "A" to this By-law
reflect part of the Region's Natural Heritage System. The Natural
Heritage System is shown on Schedule "A" to this By-law for
illustrative purposes only and does not impact the categorization of
the land to which the Natural Heritage System overlay is shown as
either Rural Area, Greenfield Area or Built Boundary for the purposes
of this By-law;
(hh)
"net hectare" means the total land area of a lot after conveyance or
dedication of public road allowances, park and school sites and other
lands for public use;
Page 7 of 42 of By-law No. 25-22
(ii)
"non-profit housing development" means development of a
building or structure intended for use as residential premises by,
(a)
a corporation to which the Not-for-Profit Corporations Act,
2010, S.O. 2010, c. 15 applies, that is in good standing under
that Act and whose primary object is to provide housing;
(b)
a corporation without share capital to which the Canada Not-
for-Profit Corporations Act, S.C. 2009, c. 23 applies, that is in
good standing under that Act and whose primary object is to
provide housing; or
(c)
a non-profit housing co-operative that is in good standing
under the Co-operative Corporations Act, R.S.O. 1990, c.
C.35, O. Reg. 454/19, s. 3;
(jj)
"non-residential development" means land, buildings or portions
thereof used, designed or intended for a non-residential use;
(kk)
"non-residential use" means the use of land, buildings or portions
thereof for any purpose other than for a residential use;
(ll)
"non-retail development" means any non-residential development
which is not a retail development, and shall include offices that are
not part of a retail development;
(mm) "nursing home" means a residential building or the residential
portion of a mixed-use building licensed as a nursing home by the
Province of Ontario;
(nn)
"owner" means the owner of land or a person who has made
application for an approval for the development of land;
(oo)
"place of worship" means any building or part thereof that is exempt
from taxation as a place of worship pursuant to paragraph 3 of
section 3 of the Assessment Act, R.S.O. 1990, c. A.31, as amended
or successor legislation;
(pp)
"Planning Act" means the Planning Act, R.S.O. 1990, c. P.13, as
amended or successor legislation;
(qq)
"recreational vehicle parks" means land where mobile homes may
be situated and occupancy of mobile homes is not permitted
throughout the calendar year by either municipal land use or
provincial regulations;
Page 8 of 42 of By-law No. 25-22
(rr)
"redevelopment" means the construction, erection or placing of one
or more buildings on land where all or part of a building on such land
has previously been demolished, or changing the use of all or part of
a building from a residential use to a non-residential use or from a
non-residential use to a residential use, or changing all or part of a
building from one type of residential use to another type of residential
use or from one type of non-residential use to another type of non-
residential use;
(ss)
"Region" refers to the geographic area of the Regional Municipality
of Halton or the corporation of The Regional Municipality of Halton,
as the context requires;
(tt)
"Regulation" means O. Reg. 82/98, as amended or successor
regulation;
(uu)
"rental housing" means development of a building or structure or
portion thereof with four or more dwelling units that are intended for
use as rented residential premises;
(vv)
"residential development" means land, buildings or portions thereof
used, designed or intended for residential use and includes but not
limited to a single detached dwelling, a semi-detached dwelling, a
multiple dwelling, an apartment dwelling, a garden suite, a special
care/special need dwelling, an accessory dwelling, a mobile home
and the residential portion of a mixed-use building but shall not
include a mobile home that is located on recreational vehicle parks;
(ww)
"residential use" means the use of land, buildings or portions thereof
as living accommodation for one or more persons;
(xx)
"restricted flow" means a restriction on the demand for water or the
discharge of wastewater of three and twenty-two one-hundredths
cubic metres (3.22 m3) per hectare per day imposed on lands
described in Schedules "D-1" and "D-2" to this By-law;
(yy)
"retail" means lands, buildings, structures or any portions thereof,
used, designed or intended to be used for the sale, lease or rental or
offer for sale, lease or rental of any manner of goods, commodities,
services or entertainment to the public, for consumption or use,
whether directly or through membership, but shall exclude
commercial, industrial, hotels/motels/bed and breakfast facilities,
mobile home situated on recreational vehicle parks, as well as offices
not located within or as part of a retail development, and self-storage
facilities;
Page 9 of 42 of By-law No. 25-22
(zz)
"retail development" means a development of land or buildings
which are designed or intended for retail;
(aaa) "retirement home or lodge" means a residential building or the
residential portion of a mixed-use building which provides
accommodation primarily for retired persons or couples where each
private bedroom or living accommodation has a separate private
bathroom and separate entrance from a common hall but where
common facilities for the preparation and consumption of food are
provided, and common lounges, recreation rooms and medical care
facilities may also be provided;
(bbb) "roads services" includes, but is not limited to, road construction,
widening, rehabilitation, resurfacing and reconstruction, grade
separations,
intersections,
signalization,
signage,
bridges,
overpasses, interchanges, and noise attenuation barriers;
(ccc)
"Rural Area" means that part of the Region shown as Rural on
Schedule "A" to this By-law and includes that part of the Region
shown as Natural Heritage System within the Rural Area shown on
Schedule "A" to this By-law;
(ddd) "seasonal structure" means a building placed or constructed on
land and used, designed or intended for use for a non-residential
purpose during a single season of the year where such building is
designed to be easily demolished or removed from the land at the
end of the season;
(eee) "semi-detached dwelling" means a building divided vertically into
two (2) dwelling units each of which has a separate entrance and
access to grade;
(fff)
"services" means services designated in this By-law or in an
agreement under section 44 of the Act;
(ggg) "single detached dwelling" means a completely detached building
containing only one (1) dwelling unit;
(hhh) "special care/special need dwelling" means a residential building
or portion thereof:
(i)
containing two or more dwelling units which units have a
common entrance from street level;
(ii)
where the occupants have the right to use in common with
other occupants halls, stairs, yards, common rooms and
accessory buildings;
Page 10 of 42 of By-law No. 25-22
(iii)
that is designed to accommodate persons with specific needs,
including but not limited to, independent permanent living
arrangements; and
(iv)
where support services, such as meal preparation, grocery
shopping, laundry, housekeeping, nursing, respite care and
attendant services are provided at various levels;
and includes, but is not limited to, retirement homes or lodges,
charitable dwellings, nursing homes, group homes (including
correctional group homes) and hospices;
(iii)
"stacked townhouse dwelling" means a building containing two or
more dwelling units where each dwelling unit is separated
horizontally from another dwelling unit by a common ceiling/floor;
(jjj)
"storey" means that portion of a building between the surface of a
floor and the floor, ceiling or roof immediately above it with the first
storey being that with the floor closest to grade and having its ceiling
more than six feet (6 ft.) (one and eighty three hundredths metres
1.83 m.) above grade;
(kkk)
"Study" means the report entitled "2022 Development Charges
Background Study for Water, Wastewater, Roads & General
Services Development Charges" dated December 15, 2021, and any
amendments thereafter or addenda thereto;
(lll)
"temporary building" means a building used, designed or intended
for use for a non-residential purpose, other than a seasonal structure
and a temporary venue, or for a residential purpose, other than a
garden suite, that is constructed or placed upon land and which is
demolished or removed from the land within three (3) years of
building permit issuance, and includes, but is not limited to, sales
trailers, office trailers and industrial tents provided they meet the
criteria in this definition;
(mmm) "temporary venue" means a building that is placed or constructed
on land and is used, designed or intended for use for a particular
event where the event has a duration of one (1) week or less and the
building is erected immediately before beginning of the event and is
demolished or removed from the land immediately following the end
of the event;
(nnn) "total floor area":
(a)
includes the sum of the total areas of the floors in a building
whether at, above or below grade, measured:
Page 11 of 42 of By-law No. 25-22
(i)
between the exterior faces of the exterior walls of the
building;
(ii)
from the centre line of a common wall separating two
uses; or
(iii)
from the outside edge of a floor where the outside edge
of the floor does not meet an exterior or common wall;
and
(b)
includes the area of a mezzanine;
(c)
excludes those areas used exclusively for parking garages or
structures; and
(d)
where a building has only one wall or does not have any walls,
the total floor area shall be the total of the area directly
beneath any roof-like structure of the building;
(ooo) "wastewater services" means all facilities, buildings, services and
things related to sanitary services, including but not limited to, all
works for the collection, transmission, treatment and disposal of
sewage; and
(ppp) "water services" means all facilities, buildings, services and things
related to the provision of water, including but not limited to, all works
for
the
collection,
production,
treatment,
storage,
supply,
transmission and distribution of water.
Rules
2.
THAT for the purpose of complying with section 6 of the Act:
(a)
the area to which this By-law applies shall be the area described in
section 4 of this By-law;
(b)
the rules developed under paragraph 9 of subsection 5(1) of the Act
for determining if development charges are payable under this By-
law in any particular case and for determining the amount of the
charges shall be as set forth in sections 7 through 21, inclusive, of
this By-law;
(c)
the rules for exemptions, relief, credits and adjustments shall be as
set forth in sections 22 through 32, inclusive, of this By-law;
(d)
the indexing of charges shall be in accordance with section 19 of this
By-law;
(e)
there shall be no phasing-in;
Page 12 of 42 of By-law No. 25-22
(f)
there shall only be a demolition credit in accordance with section 31
of this By-law;
(g)
in addition to the rules set out in the Act and this By-law, the rules for
the calculation of the development charge payable under this By-law
for the lands described in Schedules "D-1" and "D-2" to this By-law
are set out in Schedule "E" to this By-law; and
(h)
except as set out in the Act and this By-law, there are no other
credits, exemptions, relief or adjustments in respect of any land in
the area to which this By-law applies.
Schedules
3.
THAT the following Schedules to this By-law form an integral part of this By-
law:
Schedule "A"
Map of the Regional Municipality of Halton;
Schedule "B-1"
Built
Boundary
Residential
Development
Charges;
Schedule "B-2"
Greenfield Residential Development Charges;
Schedule "C-1"
Built Boundary Non-Residential Development
Charges;
Schedule "C-2"
Greenfield
Non-Residential
Development
Charges;
Schedule "D-1" "D-2"
Descriptions of Lands to which Schedule "E"
Applies; and
Schedule "E"
Rules Applicable to the Lands described in
Schedules "D-1" and "D-2".
Lands Affected
4.
THAT this By-law applies to all lands in the geographic area of the Region,
being all of the lands shown on Schedule "A" to this By-law. For greater
certainty, the lands described in Schedule "D-1" and "D-2" are lands also
shown on Schedule "A".
5.
THAT the boundaries on Schedule "A" to this By-law are fixed when they
are formed by a combination of such well defined features such as roads,
railways, electrical transmission lines, municipal and property boundaries,
original township lot or concession lines, streams and topographic features.
Page 13 of 42 of By-law No. 25-22
6.
THAT where:
(a)
the boundaries on Schedule "A" to this By-law are not fixed in
accordance with the section 5 of this By-law, the boundary shall be
determined by the Region's Director of Planning Services and/or
Chief Planning Officer; and
(b)
a parcel of land is within two or more areas shown on Schedule "A"
to this By-law, the development charges applicable to the area in
which each part of the parcel is located shall be applied.
Other Development Charges
7.
THAT the development of land in the Region may be subject to one or more
development charges by-laws of the Region and the development charges
under this By-law are in addition to any other development charges that may
be applicable to such development.
Designation of Services
8.
THAT 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.
9.
THAT 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.
10.
THAT development charges under this By-law shall be imposed for the
following categories of services to pay for the increased capital costs
required because of increased needs for services arising from
development:
(a)
water services;
(b)
wastewater services;
(c)
roads services;
(d)
growth studies;
(e)
police services;
(f)
paramedic services;
(g)
social housing;
Page 14 of 42 of By-law No. 25-22
(h)
waterfront parks;
(i)
facilities; and
(j)
waste diversion.
Approvals for Development
11.
THAT development charges under this By-law shall be imposed against all
lands or buildings within the area to which this By-law applies if the
development of such lands or buildings requires any of the following:
(a)
the passing of a zoning by-law or of an amendment thereto under
section 34 of the Planning Act;
(b)
the approval of a minor variance under section 45 of the Planning
Act;
(c)
a conveyance of land to which a by-law passed under subsection
50(7) of the Planning Act applies;
(d)
the approval of a plan of subdivision under section 51 of the Planning
Act;
(e)
a consent under section 53 of the Planning Act;
(f)
the approval of a description under section 9 of the Condominium
Act, 1998, S.O. 1998, c. 19, as amended or successor legislation; or
(g)
the issuance of a permit under the Building Code Act, 1992, S.O.
1992, c. 23, as amended or successor legislation, in relation to a
building.
12.
THAT no more than one development charge under this By-law for each
service designated in section 10 of this By-law shall be imposed upon any
lands or buildings to which this By-law applies even though two or more of
the actions described in section 11 of this By-law are required before the
lands or buildings can be developed or redeveloped.
13.
THAT notwithstanding sections 12 and 20 of this By-law, if
(a)
two or more of the actions described in section 11 of this By-law
occur at different times, or
(b)
a second or subsequent building permit is issued,
resulting in increased, additional or different development, then additional
development charges under this By-law, shall be imposed and shall be paid
Page 15 of 42 of By-law No. 25-22
in respect of such increased, additional or different development permitted
by such action or permit.
14.
THAT where a development requires an approval described in section 11
of this By-law after the issuance of a building permit and no development
charges have been paid, then development charges under this By-law shall
be paid prior to the granting of the approval required under section 11 of
this By-law.
15.
THAT nothing in this By-law prevents Council from requiring, in an
agreement under section 51 of the Planning Act or as a condition of consent
or an agreement respecting same under section 53 of the Planning Act, that
the owner, at his or her own expense, install such local services related to
or within the area to which a plan of subdivision relates, as Council may
require, in accordance with the Region's applicable local services policies
in effect at the time.
Calculation of Development Charges under this By-law
16.
THAT the development charges under this By-law with respect to the
development of any land or buildings shall be calculated as follows:
(a)
in the case of residential development including a dwelling unit
accessory to a non-residential development, or the residential
portion of a mixed-use development, based upon the number and
type of dwelling units; or
(b)
in the case of non-residential development, or the non-residential
portion of a mixed-use development, based upon the total floor area
of such development.
Amount of Charge - Residential
17.
THAT, subject to section 7 of this By-law, for development for residential
purposes, development charges shall be imposed on all residential
development, including a dwelling unit accessory to a non-residential
development and the residential component of a mixed-use building,
according to the number and type of dwelling units on lands within that part
of the Region shown on Schedule "A" to this By-law as:
(a)
Built Boundary - the development charges payable shall be the Total
Urban Charges shown on Schedule "B-1" to this By-law;
(b)
Greenfield Area - the development charges payable shall be the
Total Urban Charges shown on Schedule "B-2" to this By-law; and
(c)
Rural - the development charges payable shall be as follows:
Page 16 of 42 of By-law No. 25-22
(i)
the Total Rural Charges shown on Schedule "B-1" to this By-
law;
(ii)
where at the time a building permit is issued for the
development, a connection of the building to:
(1)
Built Boundary water services is proposed, the Specific
Urban Charge for water services shown on Schedule
"B-1" to this By-law shall be payable; and
(2)
Greenfield water services is proposed, the Specific
Urban Charge for water services shown on Schedule
"B-2" to this By-law shall be payable; and
(iii)
at the time a building permit is issued for the development, a
connection of the building to:
(1)
Built Boundary wastewater services is proposed, the
Specific Urban Charge for wastewater services shown
on Schedule "B-1" to this By-law shall be payable; and
(2)
Greenbelt wastewater services is proposed, the
Specific Urban Charge for wastewater services shown
on Schedule "B-2" to this By-law shall be payable.
Amount of Charge - Non-Residential
18.
THAT, subject to section 7 of this By-law, for development for non-
residential purposes, development charges shall be imposed on all non-
residential development, and, in the case of a mixed-use building, on the
non-residential component of the mixed-use building, according to the total
floor area of the non-residential component on lands within that part of the
Region shown on Schedule "A" to this By-law as:
(a)
Built Boundary - the development charges payable shall be the Total
Urban Charges shown on Schedule "C-1" to this By-law;
(b)
Greenfield Area - the development charges payable shall be the
Total Urban Charges shown on Schedule "C-2" to this By-law; and
(c)
Rural - the development charges payable shall be as follows:
(i)
the Total Rural charges shown on Schedule "C-1" to this By-
law;
(ii)
where at the time a building permit is issued for the
development, a connection of the building to:
Page 17 of 42 of By-law No. 25-22
(1)
Built Boundary water services is proposed, the Specific
Urban Charge for water services shown on Schedule
"C-1" to this By-law shall be payable; and
(2)
Greenfield water services is proposed, the Specific
Urban Charge for water services shown on Schedule
"C-2" to this By-law shall be payable; and
(iii)
at the time a building permit is issued for the development, a
connection of the building to:
(1)
Built Boundary wastewater services is proposed, the
Specific Urban Charge for wastewater services shown
on Schedule "C-1" to this By-law shall be payable; and
(2)
Greenbelt wastewater services is proposed, the
Specific Urban Charge for wastewater services shown
on Schedule "C-2" top this By-law shall be payable.
Indexing of Development Charges
19.
THAT the development charges set out in Schedules "B-1", "B-2", "C-1" and
"C-2" of this By-law shall be adjusted without amendment to this By-law on
April 1st of each year, commencing April 1st, 2023, in accordance with the
requirements of section 7 of the Regulation, or as may be amended from
time to time.
Timing of Calculation and Payment
20.
(1)
THAT the development charges under this By-law shall be calculated
in accordance with the provisions of section 26.2 of the Act, as may be
amended.
(2)
THAT subject to subsection (3), the development charges under this
By-law shall be payable upon a building permit being issued for the
proposed development in accordance with subsection 26 of the Act, or if
said development is of the type identified in subsection 26.1 of the Act,
specifically development that is institutional, non-profit housing or rental
housing, annual instalments shall be paid in accordance with subsection
26.1 of the Act.
(3)
THAT with respect to an approval of a plan of subdivision under
section 51 of the Planning Act or a consent under section 53 of the Planning
Act, the water services, wastewater services and roads services
components of the development charges for residential development shall
be payable at the time of execution of the subdivision agreement or an
agreement entered into as a condition of a consent.
Page 18 of 42 of By-law No. 25-22
(4)
THAT, subject to any applicable exemptions, relief or adjustments in
this By-law, development charges payable under this By-law shall be
calculated as follows:
a) in the case of residential development, including a dwelling unit
accessory to a non-residential development, or the residential
portion of a mixed-use development, based upon:
(i) the proposed number and type of dwelling units; and
(ii) with respect to blocks intended for future residential, the
maximum number of dwelling units permitted under the then
applicable zoning;
b) in the case of non-residential development, or the non-residential
portion of a mixed-use development, based upon the total floor area
proposed to be constructed.
(5)
THAT, if at the time of issuance of a building permit or permits for
any residential development for which payments have been made pursuant
to subsection (1), the total number and/or type of dwelling units for which
building permits have been and are being issued is greater than that used
for the calculation and payment referred to in subsection (1), an additional
payment shall be required and shall be calculated by multiplying the
applicable development charges shown in Schedule "B-1" or "B-2" to this
By-law, as may be appropriate, subject to the adjustments in section 19 of
this By-law, by the difference between the number and type of dwelling units
for which building permits have been and are being issued and the number
and type of dwelling units for which payments have been made pursuant to
subsection (1) and this subsection.
(6)
THAT subject to subsection (8), if following the issuance of all
building permits for all development in a subdivision and for all development
in a block within that subdivision that had been intended for future
development and for which payments have been made pursuant to
subsections (2) or (3), the total number and/or type of dwelling units for
which building permits have been issued is less than that used for the
calculation and payment referred to in subsection (1), a refund shall become
payable by the Region to the person who originally made the payment
referred to in subsections (2) or (3), which refund shall be calculated by
multiplying the amounts of the development charges in effect at the time
such payments were made by the difference between the number and type
of dwelling units for which payments were made and the number and type
of dwelling units for which building permits were issued.
(7)
THAT subsections (5) and (6) shall apply with necessary
modifications to a development for which development charges have been
Page 19 of 42 of By-law No. 25-22
paid pursuant to a condition of consent or pursuant to an agreement
respecting same.
(8)
THAT any refunds payable by the Region pursuant to section shall
be calculated and paid without interest.
(9)
THAT despite subsection (2), in the case of a high-density apartment
that is not of the type development identified in subsection 26.1 of the Act,
the development charges under this By-law shall be payable on the date a
building permit is issued in relation to the high density apartment on lands
to which the development charges under this By-law apply.
(10)
THAT notwithstanding subsections (1) to (9), inclusive, the Region
may require and, where so required, an owner shall enter into an
agreement, including the provision of security for the owner's obligations
under the agreement, pursuant to section 27 of the Act. The terms of such
agreement shall then prevail over the provisions of this section dealing with
the timing of payments but may not amend or alter any other provisions or
sections of this By-law.
Payment by Money
21.
THAT payment of development charges under this By-law shall be by
certified cheque, or bank draft.
Rules with Respect to Exemptions for Intensification of Housing
22.
THAT notwithstanding the provisions of this By-law, development charges
shall not be imposed with respect to developments or portions of
developments relating to existing residential buildings including structures
ancillary to existing residential buildings as follows:
Item
Name of Class
of Existing
Residential
Building
Description of Class of
Existing Residential
Buildings
Maximum
Number of
Additional
Dwelling
Units
Restrictions
1.
Existing single
detached
dwellings
Existing residential
buildings, each of which
contains a single dwelling
unit, that are not attached
to other buildings.
Two
The total gross floor area of
the additional dwelling unit or
units must be less than or
equal to the gross floor area of
the dwelling unit already in the
building.
2.
Existing semi-
detached
dwellings or
row dwellings
Existing residential
buildings, each of which
contains a single dwelling
unit, that have one or two
vertical walls, but no other
parts, attached to other
buildings.
One
The gross floor area of the
additional dwelling unit must
be less than or equal to the
gross floor area of the dwelling
unit already in the building.
Page 20 of 42 of By-law No. 25-22
3.
Existing rental
residential
buildings
Existing residential rental
buildings, each of which
contains four or more
dwelling units.
Greater of
one and
1% of the
existing
units in the
building
None
4.
Other existing
residential
buildings
An existing residential
building not in another
class of residential building
described in this table.
One
The gross floor area of the
additional dwelling unit must
be less than or equal to the
gross floor area of the smallest
dwelling unit already in the
building.
23.
THAT notwithstanding the provisions of this By-law development charges
shall not be imposed with respect to developments or portions of
developments that would result in the creation of a second dwelling unit in
prescribed classes of new residential buildings, including structures
ancillary to residential buildings, subject to the following restrictions:
Item
Name of
Class of
Proposed
New
Residential
Buildings
Description of Class of Proposed
New Residential Buildings
Restrictions
1.
Proposed
new detached
dwellings
Proposed new residential buildings
that would not be attached to other
buildings and that are permitted to
contain a second dwelling unit, that
being either of the two dwelling
units, if the units have the same
gross floor area, or the smaller of
the dwelling units.
The proposed new detached dwelling
must only contain two dwelling units.
The proposed new detached dwelling
must be located on a parcel of land
on which no other detached dwelling,
semi-detached dwelling or row
dwelling would be located.
2.
Proposed
new semi-
detached
dwellings or
row dwellings
Proposed new residential buildings
that would have one or two vertical
walls, but no other parts, attached
to other buildings and that are
permitted to contain a second
dwelling unit, that being either of
the two dwelling units, if the units
have the same gross floor area, or
the smaller of the dwelling units.
The proposed new semi-detached
dwelling or row dwelling must only
contain two dwelling units.
The proposed new semi-detached
dwelling or row dwelling must be
located on a parcel of land on which
no other detached dwelling, semi-
detached dwelling or row dwelling
would be located.
3.
Proposed
new
residential
buildings that
would be
ancillary to a
proposed new
detached
dwelling,
semi-
detached
Proposed new residential buildings
that would be ancillary to a
proposed new detached dwelling,
semi-detached dwelling or row
dwelling and that are permitted to
contain a single dwelling unit.
The proposed new detached
dwelling, semi-detached dwelling or
row dwelling, to which the proposed
new residential building would be
ancillary, must only contain one
dwelling unit.
The gross floor area of the dwelling
unit in the proposed new residential
building must be equal to or less than
the gross floor area of the detached
Page 21 of 42 of By-law No. 25-22
dwelling or
row dwelling
dwelling, semi-detached dwelling or
row dwelling to which the proposed
new residential building is ancillary.
24.
THAT the provisions of sections 22 and 23 above shall be amended without
need for an amendment to this By-law such that, if any amendments are
made to section 2 of the Regulation as may be applicable and as may be
amended from time to time, that the said sections shall continue to
incorporate in this By-law any required exceptions.
Rules with Respect to Expansion of Existing Industrial Building
25.
(1)
THAT if a development includes the enlargement of the total floor
area of an existing industrial building, the amount of the development
charges under this By-law that is payable shall be calculated as
follows:
(a)
if the total floor area is enlarged by fifty percent (50%) or less,
the amount of the development charges under this By-law in
respect of the enlargement is zero; or
(b)
if the total floor area is enlarged by more than fifty percent
(50%), development charges under this By-law are payable
on the amount by which the enlargement exceeds fifty percent
(50%) of the total floor area before the enlargement.
(2)
THAT for the purpose of interpreting the definition of "existing
industrial building" contained in the Regulation, regard shall be had
to the classification of the lands in question pursuant to the
Assessment Act, R.S.O. 1990, c. A.31 as amended or successor
legislation and in particular:
(a)
whether the lands fall within a tax class such that taxes on the
lands are payable at the industrial tax rate; and
(b)
whether more than fifty percent (50%) of the total floor area of
the building has an industrial property code for assessment
purposes.
(3)
THAT for greater certainty in applying the exemption in this section,
the total floor area of an existing industrial building is enlarged where
there is a bona fide increase in the size of the existing industrial
building, the enlarged area is attached to the existing industrial
building, there is a direct means of ingress and egress from the
existing industrial building to and from the enlarged area for persons,
Page 22 of 42 of By-law No. 25-22
goods and equipment and the existing industrial building and the
enlarged area are used for or in connection with an industrial purpose
as set out in subsection 1(1) of the Regulation. Without limiting the
generality of the foregoing, the exemption in this section shall not
apply where the enlarged area is attached to the existing industrial
building by means only of a tunnel, bridge, canopy, corridor or other
passage-way, or through a shared below-grade connection such as
a service tunnel, foundation, footing or a parking facility.
(4)
THAT notwithstanding section 25(3), where an expansion on the
same lot includes an enlargement of an existing industrial building
and/or the construction of an accessory building or structure that is
incidental to or subordinate in purpose and exclusively devoted to
the existing industrial use, then no development charges shall be
payable with respect to that portion of the accessory building or
structure that is up to and including 278.7 sq. m. (3,000 sq. ft.),
where;
(i)
the total expansion which is exempted from the payment of
development charges, including the total of the enlargement
of the existing industrial building and the accessory building
or structure may be up to but shall not exceed 50% of the
total floor area of the existing industrial building;
(ii)
at least six months must have elapsed since the last building
permit has been issued for a building containing an industrial
use on the lot; and
(iii)
the owner provides proof satisfactory to the Region's
Commissioner of Finance and/or Treasurer or designate that
the existing industrial building(s) is (or are) being used for an
industrial use on the date an application is made for a
building permit for the building expansion or the accessory
industrial building or structure.
Rules with Respect to Commercial Expansion
26.
THAT no development charges shall be payable under this By-law for that
portion of an expansion of an existing commercial building on the lot and/or
an accessory commercial building that is up to and including 278.7 sq. m.
(3,000 sq. ft.) on the same lot provided that the expansion must be
incidental to or subordinate in purpose and exclusively devoted to the
commercial use in the existing building or an accessory commercial building
and that;
Page 23 of 42 of By-law No. 25-22
(i)
at least six months must have elapsed since the last building
permit has been issued for a building containing a commercial
use on the lot; and
(ii)
the owner provides proof satisfactory to the Region's
Commissioner of Finance and/or Treasurer or designate that
the existing commercial building(s) is (or are) being used for
a commercial use on the date an application is made for a
building permit for the building expansion or the accessory
commercial building.
Lot Coverage Relief
27.
THAT where there is a non-residential development, the development
charges payable pursuant to this By-law shall be calculated in accordance
with the following:
(a)
for the portion of the total floor area of such development that is less
than or equal to one (1.0) times the area of the lot, one hundred
percent (100%) of the non-residential development charges payable
pursuant to this By-law are applicable to that portion;
(b)
for the portion of the total floor area of such development that is
greater than one (1.0) times the area of the lot, no development
charges shall be payable; and
(c)
for the purposes of this section, where a building or buildings exist
on the lot on the date of building permit issuance, the lot coverage
shall be calculated as if no building(s) existed on the lot on that date.
Exemptions for Certain Buildings
28.
(1)
THAT the following are exempt from the payment of development
charges under this By-law:
(i)
land and buildings owned by and used for the purposes of any
local municipality, the Region or any local board unless such
buildings or parts thereof are used, designed or intended for
use primarily for or in connection with any commercial use or
retail development or both;
(ii)
land buildings owned by and used for the purposes of a board
of education unless such buildings or parts thereof are used,
designed or intended for use primarily for or in connection with
any commercial use and/or retail development;
(iii)
land and buildings used as hospitals governed by the Public
Hospitals Act, R.S.O. 1990, c. P.40, as amended or successor
Page 24 of 42 of By-law No. 25-22
legislation unless such buildings or parts thereof are used,
designed or intended for use primarily for or in connection with
any commercial use and/or retail development;
(iv)
land and buildings owned by and used for the purposes of a
conservation authority unless such buildings or parts thereof
are used primarily for or in connection with any commercial
use and/or retail development;
(v)
land and buildings used exclusively as a place of worship;
(vi)
seasonal structures;
(vii)
temporary venues; and
(viii)
land and buildings that are used in connection with agricultural
development, including up to 278.7 square metres (3,000 sq.
ft.) for any industrial, retail or commercial component therein
that is accessory to the bona fide farm operation provided that
with regards to any industrial, retail or commercial component
at least six months must have elapsed since the last building
permit has been issued for a building containing an industrial,
retail, or commercial use on the lot.
(2)
THAT for the purposes of this section only, "local board" means a
municipal service board, transportation commission, public library
board, board of health, police services board, planning board, or any
other board, commission, committee, body or local authority
established or exercising any power under any Act with respect to
the affairs or purposes of one or more municipalities but excluding a
school board, a conservation authority and any municipal services
corporation that is not deemed to be a local board under O. Reg.
599/06 made under the Municipal Act, 2001, S.O. 2001, c. 25, as
amended or successor legislation and any corporation created under
the Electricity Act, 1998, S.O. 1998, c. 15, Schedule A, as amended
or successor legislation.
Rules with Respect to Temporary Buildings
29.
THAT notwithstanding any other provision of this By-law, a temporary
building shall be exempt at the time the building permit is issued for such
building from the payment of development charges under this By-law
provided that:
(a)
prior to the issuance of the building permit for the temporary building,
the owner shall have:
Page 25 of 42 of By-law No. 25-22
(i)
entered into an agreement with the Region under section 27
of the Act in a form and having a content satisfactory to the
Region's Commissioner of Finance and/or Treasurer or
designate agreeing to pay the development charges
otherwise payable under this By-law in respect of the
temporary building if, within three (3) years of building permit
issuance or any extension permitted in writing by the Region's
Commissioner of Finance and/or Treasurer or designate, the
owner has not provided to the Region evidence, to the
satisfaction of the Region's Commissioner of Finance and/or
Treasurer or designate, that the temporary building was
demolished or removed from the lands within three (3) years
of building permit issuance or any extension herein provided;
and
(ii)
provided to the Region securities in the form of a certified
cheque, bank draft or a letter of credit acceptable to the
Region's Commissioner of Finance and/or Treasurer or
designate in the full amount of the development charges
otherwise payable under this By-law as security for the
owner's obligations under the agreement described in clause
(a)(i) and subsection (c).
(b)
Within three (3) years of building permit issuance or any extension
granted in accordance with the provisions in clause (a)(i), the owner
shall provide to the Region evidence, to the satisfaction of the
Region's Commissioner of Finance and/or Treasurer or designate,
that the temporary building was demolished or removed from the
lands within three (3) years of building permit issuance or any
extension herein provided, whereupon the Region shall return the
securities provided pursuant to clause (a)(ii) without interest.
(c)
If the owner does not provide satisfactory evidence of the demolition
or removal of the temporary building in accordance with subsection
(b), the temporary building shall be deemed conclusively not to be a
temporary building for the purposes of this By-law and the Region
shall, without prior notification to the owner, draw upon the securities
provided pursuant to clause (a)(ii) and transfer the amount so drawn
into the appropriate development charges reserve funds.
(d)
The timely provision of satisfactory evidence of the demolition or
removal of the temporary building in accordance with subsection (b)
shall be solely the owner's responsibility.
Page 26 of 42 of By-law No. 25-22
Rules with Respect to Garden Suites
30.
THAT notwithstanding any other provisions of this By-law, a garden suite
shall be exempt at the time a building permit is issued for the garden suite
from the payment of development charges under this By-law provided that:
(a)
(i)
a by-law has been passed by the applicable local municipality
under sections 39 and 39.1 of the Planning Act authorizing the
temporary use of the garden suite; and
(ii)
prior to the issuance of the building permit for the garden suite,
the owner shall have entered into an agreement with the
Region under section 27 of the Act in a form and having a
content satisfactory to the Region's Commissioner of Finance
and/or Treasurer or designate, to be registered on title to the
lands under section 37 of this By-law as a charge, agreeing to
pay the development charges otherwise payable under this
By-law in respect of the garden suite if the garden suite is not
removed from the lands within sixty (60) days of the expiry of
the by-law, including any extensions thereof, described in
subsection (a) or if, before that date, the lands on which the
garden suite is situate are sold provided the development
charges shall not be payable upon such sale if the purchaser
has entered into an agreement with the Region under this
subsection and the by-law, including any extensions thereof,
described in subsection (a) has not expired;
(b)
Within ninety (90) days of the expiry of the by-law, including any
extensions thereof, described in subsection (a), the owner shall
provide to the Region evidence, to the satisfaction of the Region's
Commissioner of Finance and/or Treasurer or designate, that the
garden suite was removed from the lands within sixty (60) days of
the expiry of the by-law, including any extensions thereof, described
in subsection (a), whereupon the Region shall provide to the owner
a release of the agreement described in subsection (b) and the
owner shall apply to the land registrar to delete from title to the lands
any notice of the agreement registered against title to the lands under
section 36 of this By-law.
(c)
If the owner does not provide satisfactory evidence of the removal of
the garden suite in accordance with subsection (b), the garden suite
shall be deemed conclusively not to be a garden suite for the
purposes of this By-law and the Region may, without prior notification
to the owner, add the development charges payable under this By-
law to the tax roll for the lands to be collected in the same manner as
taxes.
Page 27 of 42 of By-law No. 25-22
(d)
For the purpose of subsection (c), the development charges payable
under this By-law shall be the development charges payable under
this By-law for an accessory dwelling on the date the building permit
was issued for the garden suite.
(e)
The timely provision of satisfactory evidence of the removal of the
garden suite in accordance with subsection (b) shall be solely the
owner's responsibility.
Rules with Respect to Redevelopment - Demolitions
31.
THAT in the case of a demolition of all or part of a building:
(a)
a credit shall be allowed against the development charges otherwise
payable pursuant to this By-law, provided that where a demolition
permit has been issued and has not been revoked and a building
permit has been issued for the redevelopment within five (5) years
from the date the demolition permit was issued;
(b)
the credit shall be calculated based on the portion of the building
used for a residential use that has been demolished by multiplying
the number and type of dwelling units demolished, or in the case of
a building used for a non-residential use that has been demolished
by multiplying the non-residential total floor area demolished, by the
relevant development charges under this By-law in effect on the date
when the development charges are payable pursuant to this By-law
with respect to the redevelopment;
(c)
no credit shall be allowed where the demolished building or part
thereof would have been exempt pursuant to this By-law;
(d)
where the amount of any credit pursuant to this section exceeds, in
total, the amount of the development charges otherwise payable
under this By-law with respect to the redevelopment, the excess
credit shall be reduced to zero and shall not be carried forward
unless the carrying forward of such excess credit is expressly
permitted by a phasing plan for the redevelopment that is acceptable
to the Region's Commissioner of Finance and/or Treasurer or
designate;
(e)
despite Subsection 31(a) above, where the building cannot be
demolished until the new building has been erected, the owner shall
notify the Region in writing and pay the applicable development
charges for the new building in full and if the existing building is
demolished not later than twelve (12) months from the date a building
permit is issued for the new building, the Region shall provide a
refund calculated in accordance with this section to the owner without
interest. If more than twelve (12) months is required to demolish the
Page 28 of 42 of By-law No. 25-22
existing building, the owner shall make a written request to the
Region and the Region's Commissioner of Finance and/or Treasurer
or designate may extend the time in which the existing building must
be demolished in his or her sole and absolute discretion and upon
such terms and conditions as he or she considers necessary or
desirable and such decision shall be made prior to the issuance of
the first building permit for the new building;
(f)
despite Subsection 31(a), where an owner has submitted an
application pursuant to the provisions of the Planning Act, and such
application has been accepted by the local municipality before the
expiration of any demolition credits as noted in Subsection 31(a), but
a building permit has not been issued within the timeframes provided
for in the applicable Subsection, the owner may request in writing to
the Region's Commissioner of Finance and/or Treasurer and the
Region's Commissioner of Finance and/or Treasurer, or such
designate, may extend the time for the expiration of the demolition
credits solely upon such terms and conditions as he or she considers
necessary or desirable and such decision shall be made prior to the
issuance of the first building permit for the new building, provided that
in no case shall any single extension be for a period greater than one
(1) year from the date of the request from the owner seeking an
extension pursuant to this Subsection.
Rules with Respect to Redevelopment - Conversions
32.
THAT in the case of a conversion of all or part of a building:
(a)
a credit shall be allowed against the development charges otherwise
payable under this By-law;
(b)
the credit shall be calculated based on the portion of the building that
is being converted by multiplying the number and type of dwelling
units being converted or the non-residential total floor area being
converted by the relevant development charges under this By-law in
effect on the date when the development charges are payable
pursuant to this By-law with respect to the redevelopment;
(c)
where the amount of any credit pursuant to this section exceeds, in
total, the amount of the development charges otherwise payable
under this By-law with respect to the redevelopment, the excess
credit shall be reduced to zero and shall not be carried forward
unless the carrying forward of such excess credit is expressly
permitted by a phasing plan for the redevelopment that is acceptable
to the Region's Commissioner of Finance and/or Treasurer or
designate;
Page 29 of 42 of By-law No. 25-22
(d)
despite subsections (a) to (c) above, where there is a conversion of
an existing non-retail development to a retail development, a credit
shall be provided in accordance with this By-law on a one-time basis
such that the incremental development charges otherwise payable
pursuant to this By-law shall be reduced by the greater of:
(i)
the development charges that would be payable on the first
929 sq. m. (10,000 sq. ft.) of the total non-retail floor area
being converted to a retail development; or
(ii)
twenty-five percent (25%) of the development charges
otherwise payable on the total non-retail floor area being
converted to retail development
unless any excess credits is expressly permitted as part of a phasing
plan for the redevelopment that is acceptable and approved by the
Region;
(e)
notwithstanding subsections (a) to (d) above, no credit shall be
allowed where the building or part thereof prior to conversion would
have been exempt pursuant to this By-law or any predecessor
thereof.
Exemptions, Relief, Credits and Adjustments Not Cumulative
33.
THAT only one (1) of the applicable exemption(s), relief, credit(s) or
adjustment(s) set out in sections 22 to 32, inclusive, of this By-law shall be
applicable to a development. Where the circumstances of a development
are such that more than one (1) type of exemption, relief, credit or
adjustment could apply, only one (1) type of exemption, relief, credit or
adjustment shall apply and it shall be the exemption, relief, credit or
adjustment that results in the lowest development charges being payable
under this By-law.
Interest
34.
THAT the Region shall pay interest on a refund under subsections 18(3),
25(2) and section 36 of the Act at a rate equal to the Bank of Canada rate
on the date this By-law comes into force.
Front Ending Agreements
35.
THAT the Region may enter into one or more agreements under section 44
of the Act.
Page 30 of 42 of By-law No. 25-22
Repeals
36.
THAT By-law No. 36-17, being a by-law to establish water, wastewater,
roads and general services development charges for The Regional
Municipality of Halton (Built Boundary and Greenfield Areas) is hereby
repealed on the date this By-law comes into force and effect.
Registrations
37.
THAT a certified copy of this By-law and a copy or notice of any agreement
authorized by this By-law may be registered in the Land Registry Office (No.
20) as against title to any land to which this By-law or any such agreement
applies in accordance with the provisions of this By-law or Sections 42 and
56 of the Act, or any predecessor thereto.
Date By-law Effective
38.
THAT this By-law comes into force and effect on September 1, 2022.
Headings for Reference Only
39.
THAT the headings inserted in this By-law are for convenience of reference
only and shall not affect the construction or interpretation of this By-law.
Severability
40.
THAT if, for any reason, any provision, section, subsection, paragraph or
clause of this By-law is held invalid, it is hereby declared to be the intention
of Council that all the remainder of this By-law shall continue in full force
and effect until repealed, re-enacted or amended, in whole or in part or dealt
with in any other way.
Short Title
41.
THAT the short title of this By-law is the "Water, Wastewater, Roads and
General Services Development Charges By-law, 2022".
Page 31 of 42 of By-law No. 25-22
READ and PASSED this 25th day of May, 2022.
REGIONAL CHAIR
REGIONAL CLERK
Report No. FN-12-22
Page 32 of 42 of By-law No. 25-22
THE REGIONAL MUNICIPALITY OF HALTON
SCHEDULE "A" TO BY-LAW NO. 25-22
Page 33 of 42 of By-law No. 25-22
THE REGIONAL MUNICIPALITY OF HALTON
SCHEDULE "B-1" TO BY-LAW NO. 25-22
BUILT BOUNDARY URBAN AND RURAL RESIDENTIAL DEVELOPMENT CHARGES PER DWELLING UNIT*
Single
and Semi
Detached
Dwelling
Multiple
Dwelling
(3 or More
Bedrooms)
Multiple
Dwelling
(Less Than 3
Bedrooms)
Apartment
Dwelling
(2 or More
Bedrooms)
Apartment
Dwelling
(Less Than 2
Bedrooms)
Special Care/
Special Need
and Accessory
Dwelling
Region-Wide (Urban and Rural):
General Services:
Growth Studies
150.82
$
122.10
$
80.70
$
73.22
$
54.21
$
43.98
$
Police
603.71
488.73
323.01
293.08
216.99
176.05
Paramedics
286.51
231.94
153.30
139.09
102.98
83.55
Facilities
98.01
79.34
52.44
47.58
35.23
28.58
Social Housing
985.82
798.06
527.46
478.58
354.34
287.48
Waste Diversion
95.72
77.49
51.21
46.47
34.40
27.91
Waterfront Parks
218.69
177.04
117.01
106.17
78.60
63.77
Sub-Total
2,439.28
$
1,974.70
$
1,305.13
$
1,184.19
$
876.75
$
711.32
$
Roads:
30,273.70
$
24,507.86
$
16,197.87
$
14,696.69
$
10,881.35
$
8,828.20
$
Total (Urban and Rural)
32,712.98
$
26,482.56
$
17,503.00
$
15,880.88
$
11,758.10
$
9,539.52
$
Specific Urban Charges:
Water
4,503.37
$
3,649.24
$
2,411.88
$
2,190.39
$
1,621.75
$
1,315.93
$
Wastewater
5,717.59
4,636.81
3,064.59
2,785.24
2,062.18
1,673.48
Total
10,220.96
$
8,286.05
$
5,476.47
$
4,975.63
$
3,683.93
$
2,989.41
$
Total Urban Charges
42,933.94
$
34,768.61
$
22,979.47
$
20,856.51
$
15,442.03
$
12,528.93
$
Total Rural Charges
32,712.98
$
26,482.56
$
17,503.00
$
15,880.88
$
11,758.10
$
9,539.52
$
* Residential development charges are subject to indexing in accordance with section 19 of the By-law
Page 34 of 42 of By-law No. 25-22
THE REGIONAL MUNICIPALITY OF HALTON
SCHEDULE "B-2" TO BY-LAW NO. 25-22
GREENFIELD URBAN AND RURAL RESIDENTIAL DEVELOPMENT CHARGES PER DWELLING UNIT*
Single
and Semi
Detached
Dwelling
Multiple
Dwelling
(3 or More
Bedrooms)
Multiple
Dwelling
(Less Than 3
Bedrooms)
Apartment
Dwelling
(2 or More
Bedrooms)
Apartment
Dwelling
(Less Than 2
Bedrooms)
Special Care/
Special Need
and Accessory
Dwelling
Region-Wide (Urban and Rural):
General Services:
Growth Studies
150.82
$
122.10
$
80.70
$
73.22
$
54.21
$
43.98
$
Police
603.71
488.73
323.01
293.08
216.99
176.05
Paramedics
286.51
231.94
153.30
139.09
102.98
83.55
Facilities
98.01
79.34
52.44
47.58
35.23
28.58
Social Housing
985.82
798.06
527.46
478.58
354.34
287.48
Waste Diversion
95.72
77.49
51.21
46.47
34.40
27.91
Waterfront Parks
218.69
177.04
117.01
106.17
78.60
63.77
Sub-Total
2,439.28
$
1,974.70
$
1,305.13
$
1,184.19
$
876.75
$
711.32
$
Roads:
30,273.70
$
24,507.86
$
16,197.87
$
14,696.69
$
10,881.35
$
8,828.20
$
Total (Urban and Rural)
32,712.98
$
26,482.56
$
17,503.00
$
15,880.88
$
11,758.10
$
9,539.52
$
Specific Urban Charges:
Water
12,275.69
$
9,941.62
$
6,570.68
$
5,962.77
$
4,414.81
$
3,576.39
$
Wastewater
17,260.86
13,979.76
9,239.59
8,384.99
6,208.20
5,028.04
Total
29,536.55
$
23,921.38
$
15,810.27
$
14,347.76
$
10,623.01
$
8,604.43
$
Total Urban Charges
62,249.53
$
50,403.94
$
33,313.27
$
30,228.64
$
22,381.11
$
18,143.95
$
Total Rural Charges
32,712.98
$
26,482.56
$
17,503.00
$
15,880.88
$
11,758.10
$
9,539.52
$
* Residential development charges are subject to indexing in accordance with section 19 of the By-law
Page 35 of 42 of By-law No. 25-22
THE REGIONAL MUNICIPALITY OF HALTON
SCHEDULE "C-1" TO BY-LAW NO. 25-22
Page 36 of 42 of By-law No. 25-22
BUILT BOUNDARY URBAN AND RURAL NON-RESIDENTIAL DEVELOPMENT CHARGES*
PER SQUARE FOOT OF TOTAL FLOOR AREA
Retail
Non-Retail
Region-Wide Charges (Urban and Rural):
General Services:
Growth Studies
0.060
$
0.060
$
Police
0.189
0.189
Paramedics
0.025
0.025
Facilities
0.014
0.014
Waste Diversion
0.003
0.003
Waterfront Parks
0.008
0.008
Sub-Total
0.299
$
0.299
$
Roads:
45.955
$
8.568
$
Total
46.254
$
8.867
$
Specific Urban Charges:
Water
1.340
$
1.340
$
Wastewater
2.053
2.053
Total
3.393
$
3.393
$
Total Urban Charges
49.647
$
12.260
$
Total Rural Charges
46.254
$
8.867
$
PER SQUARE METRE OF TOTAL FLOOR AREA
Retail
Non-Retail
Region-Wide Charges (Urban and Rural):
General Services:
Growth Studies
0.646
$
0.646
$
Police
2.034
2.034
Paramedics
0.269
0.269
Facilities
0.151
0.151
Waste Diversion
0.032
0.032
Waterfront Parks
0.086
0.086
Sub-Total
3.218
$
3.218
$
Roads:
494.655
$
92.225
$
Total (Urban and Rural)
497.873
$
95.443
$
Specific Urban Charges:
Water
14.423
$
14.423
$
Wastewater
22.098
22.098
Total
36.521
$
36.521
$
Total Urban Charges
534.394
$
131.964
$
Total Rural Charges
497.873
$
95.443
$
*Non-residential development charges are subject to indexing in accordance with section 19 of the By-Law
Page 37 of 42 of By-law No. 25-22
THE REGIONAL MUNICIPALITY OF HALTON
SCHEDULE "C-2" TO BY-LAW NO. 25-22
Page 38 of 42 of By-law No. 25-22
GREENFIELD URBAN AND RURAL NON-RESIDENTIAL DEVELOPMENT CHARGES*
PER SQUARE FOOT OF TOTAL FLOOR AREA
Retail
Non-Retail
Region-Wide Charges (Urban and Rural):
General Services:
Growth Studies
0.060
$
0.060
$
Police
0.189
0.189
Paramedics
0.025
0.025
Facilities
0.014
0.014
Waste Diversion
0.003
0.003
Waterfront Parks
0.008
0.008
Sub-Total
0.299
$
0.299
$
Roads:
45.955
$
8.568
$
Total
46.254
$
8.867
$
Specific Urban Charges:
Water
3.897
$
3.897
$
Wastewater
5.245
5.245
Total
9.142
$
9.142
$
Total Urban Charges
55.396
$
18.009
$
Total Rural Charges
46.254
$
8.867
$
PER SQUARE METRE OF TOTAL FLOOR AREA
Retail
Non-Retail
Region-Wide Charges (Urban and Rural):
General Services:
Growth Studies
0.646
$
0.646
$
Police
2.034
2.034
Paramedics
0.269
0.269
Facilities
0.151
0.151
Waste Diversion
0.032
0.032
Waterfront Parks
0.086
0.086
Sub-Total
3.218
$
3.218
$
Roads:
494.655
$
92.225
$
Total (Urban and Rural)
497.873
$
95.443
$
Specific Urban Charges:
Water
41.947
$
41.947
$
Wastewater
56.457
56.457
Total
98.404
$
98.404
$
Total Urban Charges
596.277
$
193.847
$
Total Rural Charges
497.873
$
95.443
$
*Non-residential development charges are subject to indexing in accordance with section 19 of the By-Law
Page 39 of 42 of By-law No. 25-22
THE REGIONAL MUNICIPALITY OF HALTON
SCHEDULE "D-1" TO BY-LAW NO. 25-22
Schedule "E" applies to all or part of the following lands:
Parcel D-1.2
Block 12, Plan M-537
Parcel D-1.3
Block 13, Plan M-530
Parcel D-1.4
Block 32, Plan M-537
A - Pt Block 32, Parts 2, 3, 6, and 8, 20R-17841
B - Pt Block 32, Parts 1, 4, 5, and 7, 20R-17841
Parcel D-1.5
Part Block 34, Plan M-537; RP 20R17950 Parts 2, 3, 4
Parcel D-1.11
Blocks 12 & 20, Plan M-530 and Parts 3 & 4, 20R9270
(includes what was previously D-1.13 on By-law 48-12)
Parcel D-1.12
Block 14, Plan M-530
Parcel D-1.14
Part E1/2 Lot 4, Conc. 2 (Parts 1, 2, 3 & 6, 20R-9733)
B - Block 3, Plan M-952
C - Block 16, Plan M-952
E - Pt Block 4, Plan M-952; RP 20R16880 Part 2
F1 - Pt Block 4, Plan M-952; 20R19423 Parts 5 to 7
G - Block 17, Plan M-952
Parcel D-1.15
Part Lots 3 and 4, Conc. 3
A - Pt Lots 3 and 4, Conc. 3; Parts 2, 12 to 15, 17 & 18,
20R-10272 (2701 Highpoint - includes what was
previously D-2.7 on By-law 48-12
B - Pt Lot 3, Conc. 3; Parts 9, 10, 14, 15, 20R-13631
Page 40 of 42 of By-law No. 25-22
THE REGIONAL MUNICIPALITY OF HALTON
SCHEDULE "D-2" TO BY-LAW NO. 25-22
Schedule "E" applies to all or part of the following lands:
Parcel D-2.1
Part Lots 2 & 3, Conc. 3 (Parts 1, 3 and 10, 20R-12697)
Parcel D-2.2
Block 7, Plan M-537
Parcel D-2.3
Blocks 5 & 6, Plan M-537
Parcel D-2.4
Blocks 17 to 29, inclusive, Plan M-537
Parcel D-2.5
Block 16, Plan M-537
Parcel D-2.6
Blocks 1 to 4, inclusive, Plan M-537
Page 41 of 42 of By-law No. 25-22
THE REGIONAL MUNICIPALITY OF HALTON
SCHEDULE "E" TO BY-LAW NO. 25-22
Rules Applicable to the Lands described in Schedule "D-1" and "D-2"
Where the development of the lands described in Schedules "D-l" and "D-2" to this By-law
requires a building permit or sections 13 or 14 of this By-law or section 3 of this Schedule
"E" applies, the following are additional rules for the calculation of the water and
wastewater development charges payable under this By-law for the lands described in
those Schedules:
1.
For the development of lands described in Schedules "D-1" and "D-2" to this By-
law that are occupied by one or more buildings:
(a)
if the water services and wastewater services components of the
development charge imposed by By-law No. 65-99, By-law No. 117-99, By-
law No. 102-03, By-law No. 62-08, By-law No. 48-12, By-law No. 36-17 as
amended or this By-law have been paid, then no further water and
wastewater development charges are payable under this By-law for any
change in the use of the existing building provided that, subject to the
exemptions in the Act and this By-law, any addition to the existing building
or any new building erected on the lands shall pay the charge imposed by
this By-law; or
(b)
if the lands are subject to a restricted flow and if the development of the
lands or any change in use of any existing building on the lands impose a
water or wastewater demand (including the demand imposed by any
existing building on the lands) in excess of the restricted flow, then the
water and wastewater development charges under this By-law shall be
imposed as follows:
i.
where there has been a change in use, the charge shall be imposed
on the total floor area of the existing building; or
ii.
where there has been an addition to such building or an additional
building has been constructed on the lands, the charge shall be
imposed on the aggregate total floor area of the existing building
and the total floor area of the addition or of any additional building,
provided that where the charge is imposed a credit shall be recognized in
respect of the existing portion of any existing building (in the case of clause
1(b)(i)) or the aggregate total floor area of the existing building and the total
floor area of the addition or of any additional building (in the case of clause
1(b)(ii)) of twenty-four and seven-tenths percent (24.7%) in the case of an
industrial development and a credit of fifteen and eleven one-hundredths
percent (15.11%) in the case of a retail or commercial development of the
charge imposed under this By-law and provided that the total demand for
water services and wastewater services shall be determined through a
water usage report using Sentence 8.2.1.3(2) and Table 8.2.1.3.B from O.
Reg. 332/12; or
Page 42 of 42 of By-law No. 25-22
(c)
if the lands are subject to a restricted flow and if the development of the
lands or any change in use of any existing building on the lands does not
impose a water or wastewater demand that is greater than the restricted
flow, then no water and wastewater development charges are payable
under this By-law. The total demand for water services and wastewater
services shall be determined through a water usage report using Sentence
8.2.1.3(2) and Table 8.2.1.3.B from O. Reg. 332/12.
2.
For the development of lands described in Schedule "D-l" to this By-law that are
vacant:
(a)
if the development does not impose a water or wastewater demand that is
greater than the restricted flow, then no water or wastewater development
charge is payable under this By-law; or
(b)
if the development imposes a water or wastewater demand in excess of
the restricted flow, then the water and wastewater development charges
under this By-law shall be imposed and a credit shall be recognized of
twenty-four and seven-tenths percent (24.7%) in the case of an industrial
development and a credit of fifteen and eleven one-hundredths percent
(15.11%) in the case of a retail or commercial development of the charge
imposed under this By-law;
(c)
provided that the total demand for water services and wastewater services
shall be determined through a water usage report using Sentence
8.2.1.3(2) and Table 8.2.1.3.B from O. Reg. 332/12.
3.
If a development of the lands described in Schedules "D-1" and "D-2"of this By-law
does not require a building permit but does require one or more of the approvals
described in section 11 of this By-law, including without limiting the generality of
the foregoing, the issuing of any other permit under the Building Code Act, 1992,
S.O. 1992, c. 23, as amended or successor legislation, then, notwithstanding
section 20 of this By-law, the water and wastewater development charges shall
nonetheless be payable in respect of any development permitted by such approval
where such development imposes an increased demand for water services or
wastewater services.
4.
Once lands or any portion thereof as described in Schedules "D-1" and "D-2" are
developed, or have any credits or portion of credits that may be available pursuant
to paragraph 1(b) or 2(b) of this Schedule "E" applied against any development,
said lands shall be removed from Schedules "D-1" and "D-2", without need for an
amendment to this By-law, and the provisions of Schedule "E" shall no longer
continue apply to same.