By-law 19-037, A By-law to Establish Development Charges for The Regional Municipality of Waterloo and to Repeal By-law 14-046
Regional Municipality of Waterloo, Ontario
· No. 19-037
· adopted 2019-06-26
· summary & facts
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By-Law Number 19-037
of
The Regional Municipality of Waterloo
A By-law to Establish Development Charges for The Regional Municipality of
Waterloo and to Repeal By-law 14-046
Whereas The Regional Municipality of Waterloo (hereinafter referred to
as the "Region") has and will continue to experience growth through
development of land which will increase the need for services provided by the
Region;
And Whereas subsection 2(1) of the Development Charges Act, 1997
(hereinafter referred to as the "Act") empowers the Council of the Region to
pass by-laws for the imposition of Development Charges against land located in
the municipality because the development of land would increase the need for
Services;
And Whereas the Region has undertaken a background study dated
April 23, 2019 to examine the anticipated development for the municipality and
the capital costs necessary to provide the increased service associated with
projected development to determine the uses and areas within the municipality
in which development will increase the need for services, which study and the
report resulting therefrom have been completed and considered by the Council
of the Region in accordance with subsection 10(1) of the Act;
And Whereas the Council of the Region has held a public meeting on
May 8, 2019 in accordance with section 12 of the Act, notice of which was given
on or prior to April 11, 2019, the Council of the Region made available the draft
background study and information sufficient for the public to understand the
proposed Development Charges By-law on April 23, 2019 and at the public
meeting, Council heard all persons who applied to be heard whether in
objection to or support of the said proposed by-law;
And Whereas the Region received submissions from members of the
public before, at and following the aforesaid public meeting;
And Whereas Council, at its meeting on June 26, 2019 has considered
all submissions made by the public and the recommendations and proposals
made by Regional staff, and the aforesaid background study;
Now Therefore the Council of The Regional Municipality of Waterloo
hereby enacts as follows:
Definitions:
1. In this By-law:
(1) "Accessory Building" means a building or structure, or part of a
building or structure, that is:
(a) | aparking garage that is exclusively devoted to providing
vehicle parking to the main use situated on the same Site;
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(6) §amechanical room that is exclusively devoted to providing
heating, cooling, ventilating, electrical, mechanical or
telecommunications equipment for a building or buildings
that contain one or more Dwelling Units or Lodging Units
situated on the same Site;
(c) an entrance way, elevator, stairwell or hallway that
provides access to a Dwelling Unit or Lodging Unit, or
Dwelling Units or Lodging Units, on the same Site;
(d) | apool area, change room, restroom, fitness facility,
kitchen, laundry room, lounge or meeting room that is for
the exclusive use of the residents of a Dwelling Unit or
Lodging Unit, or Dwelling Units or Lodging Units, on the
same Site;
(e) | astorage room that provides storage exclusively to a
resident or residents of a Dwelling Unit or Lodging Unit, or
Dwelling Units or Lodging Units, on the same Site; or
(f) an exterior deck, porch, canopy, gazebo, storage shed or
stairway that is exclusively devoted to the use of the
residents of a Dwelling Unit or Lodging Unit, or Dwelling
Units or Lodging Units, on the same Site;
and for the purposes of this definition, "Site" shall include common
elements of the same condominium as the applicable main use,
buildings, Dwelling Units or Lodging Units;
(2) | "Accessory Use" means a use that is normally subordinate or
incidental to and exclusively devoted to a principal use, building or
structure on a Site that does not through any manner or design
share the same gross floor area of the principal use or occupy
more than the percentage of gross floor area of the Site permitted
as an accessory use by the applicable zoning by-laws;
(3) "Act" means the Development Charges Act, 1997, S.O. 1997,
c.27, aS amended;
(4) "Apartment" means a Dwelling Unit located in a Residential
Building which is not a Single Detached Dwelling, a Semi-
Detached Dwelling, or a Townhouse Dwelling within the
respective meanings ascribed thereto under this By-law;
(5) "Applicant" means the registered owner of a Site applying for a
Development Charge exemption for Eligible Costs for a
Brownfield;
(6) "Brownfield" means a Site which contained environmental
contamination either in the ground or buildings due to the
operational activities of a previous land use, where the extent of
the contamination rendered the property vacant, under-utilized,
unsafe, unproductive or abandoned, and for which a Record of
Site Condition was filed on or after January 1, 2006;
(7) "Building Code Act" means S.O. 1992, c. 23, as amended;
(8) "Core Area" means the Core Area or Core Areas as designated
from time to time in the development charges by-law of The
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Corporation of the City of Cambridge;
(9) "Development" means any activity or proposed activity in respect
of one or more of the actions referred to in subsection 2(2) of the
Act and includes redevelopment;
(10) "Development Charge" means a charge imposed pursuant to this
By-law;
(11) "Dwelling Unit" means one or more rooms occupied or designed
for human habitation which include a separate, private entrance
together with cooking and sanitary facilities for the exclusive use
of the occupants thereof. A unit or room in a hotel, motel, nursing
or retirement home, independent living facility on the same Site as
a nursing or retirement home, hospice, rehabilitation facility,
student residence where meals and supervision are available,
group home or hostel designed for human habitation shall not
constitute a Dwelling Unit;
(12) "Eligible Costs" means the sum as determined pursuant to
Schedule C of this By-law;
(13) "Existing Industrial Building" means a building or buildings existing
on a Site on August 1, 2014, or a building or portion of a building
constructed on a Site for which full Development Charges were
paid, that is currently used for or in connection with;
(a) the production, compounding, processing, packaging,
crating, bottling, packing or assembly of raw or semi-
processed goods or materials ("manufacturing") or
Warehousing;
(b) research or development activities in connection with the
manufacturing;
(c) retail sales by a manufacturer, if retail sales are an
Accessory Use at the Site where manufacturing is carried
out; or,
(d) -- office or administrative purposes if they are:
(i) carried out as an Accessory Use to the
manufacturing or Warehousing; and
(ii) in or attached to the building or structure used for
such manufacturing or Warehousing;
(14) "Farm" means a parcel of land on which the predominant activity
is Farming. A Farm shall not include a Greenhouse;
(15) "Farm Occupation" means a vocational use permitted by the
applicable zoning by-law and carried on in a building or as an
Accessory Use in a portion of a building on a Farm where Farming
also occurs;
(16) "Farming" means the production of crops or the breeding, raising
or maintaining of livestock, or both, and includes but is not limited
to:
(a) -- fur farming;
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(b) -- fruit and vegetable growing;
(c) -- the keeping of bees;
(d) -- fish farming; and
(e) -- sod farming,
and includes such buildings and structures located on a Farm that
are designed and intended to be used solely for or in connection
with:
(i) storage or repair of farm equipment;
(ii) storage of materials used in the production or
maintenance of crops or livestock on the Farm; or
(iii) | storage of the products derived from the Farm's
production of crops or livestock.
Farm and Farming shall not include a Dwelling Unit located on a
Farm or such buildings and structures located on a Farm that are
designed and intended to be used solely for or in connection with
the processing of the crops or livestock through mechanical,
chemical or other means to create an altered product;
(17) "Grade" with respect to a Dwelling Unit or Single Detached
Dwelling means the average level of finished ground adjoining
same at all exterior walls;
(18) "Greenhouse" means any nursery building where any form or
quantity of flowers, household plants, landscaping plants,
horticultural products or manufactured household or gardening
products not produced on the Site is offered for sale;
(19) "Gross Floor Area" means the total floor area of a building or
structure or part thereof measured from the outside faces of
exterior walls or between the outside faces of exterior walls and
the centre line of any partition walls and, in the case of a Dwelling
Unit, includes only those areas above grade. The gross floor area
shall include any area which is being used for the repair or for the
public sale of vehicles but shall exclude any area which is
specifically designed for the parking of passenger motor vehicles;
(20) "Home Occupation" means a vocational use, which is not a Farm
Occupation, carried on in conjunction with a Dwelling Unit on the
same property as permitted by the applicable municipal zoning by-
law;
(21) "Industrial Building" means a building that is to be used for:
(a) the production, compounding, processing, packaging,
crating, bottling, packing or assembly of raw or semi-
processed goods or materials ("manufacturing") or
Warehousing;
(b) research or development activities in connection with the
manufacturing;
(c) retail sales by a manufacturer, if retail sales are an
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Accessory Use at the Site where manufacturing is carried
out; or,
(d) -- office or administrative purposes if they are:
(i) carried out as an Accessory Use to the
manufacturing or Warehousing; and
(ii) in or attached to the building or structure used for
such manufacturing or Warehousing;
(22) "Local Board" has the same meaning as in section 1 of the Act;
(23) "Lodging House" means a building designed or intended to
contain, or containing Lodging Units where the residents share
access to common areas of the building, other than the Lodging
Units;
(24) "Lodging Unit" means a room located within a Lodging House
which:
(a) is designed to be occupied for human habitation by one
resident;
(b) -- isnot normally accessible to persons other than the
resident without the permission of the resident; and
(c) | may contain either cooking or sanitary facilities, but not
both, for the exclusive use of the resident of the unit.
A unit or room in a hotel, motel, nursing or retirement home,
independent living facility on the same Site as a nursing or
retirement home, hospice, rehabilitation facility, student residence
where meals and supervision are available, group home, or hostel
designed for human habitation shall not constitute a Lodging Unit;
(25) "Mixed Use Development" means Development containing both
Residential and Non-Residential Uses;
(26) "Non-Residential Development" means the Development of land
for Non-Residential Use;
(27) "Non-Residential Use" means any commercial, industrial,
institutional or other use, except Farming, not included in the
definition of Residential Use;
(28) "Planning Act" means R.S.O. 1990, c. P.13, as amended;
(29) "Region" means The Regional Municipality of Waterloo;
(30) "Regulation" means Ontario Regulation 82/98, as amended;
(31) "Residential Building" means a building containing one or more
Dwelling Units with or without any Non-Residential component
and in the case of a single or semi-detached dwelling or
townhouse dwelling means the individual Dwelling Unit;
(32) "Residential Development" means the Development of land in
whole or in part for any Residential Use;
(33) "Residential Use" means the use of land, buildings or structures
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as one or more Dwelling Units or Lodging Units, including a Farm
dwelling;
(34) "Semi-Detached Dwelling" means one Dwelling Unit within a
building containing only two Dwelling Units, which is divided from
the other Dwelling Unit by a vertical solid wall or partition
extending from foundation to roof;
(35) "Service Group" means a group of services provided for in
Schedule B to this By-law;
(36) "Services" means the services listed in Schedule B to this By-law;
(37) "Servicing Agreement" means any agreement entered into in
connection with the Development of land including an agreement
under section 51 or section 53 of the Planning Act but not
including an agreement under section 41 of the Planning Act;
(38) "Single Detached Dwelling" means a building containing only one
Dwelling Unit and shall include a modular or mobile home
connected to any of water, sanitary or electrical utility service;
(39) "Site" means a parcel of land situated in the Region which can be
legally conveyed pursuant to section 50 of the Planning Act and
includes a Development having two or more lots consolidated
under identical ownership;
(40) "Townhouse Dwelling" means one Dwelling Unit within a building
containing three or more Dwelling Units which is divided from the
other Dwelling Units by one or more vertical solid walls or
partitions extending from foundation to roof;
(41) "Urban Growth Centre" means the Urban Growth Centres as
designated in Schedule D of this By-law; and
(42) "Warehousing" means a building in which the main use is the bulk
storage of raw or semi-processed goods to be used in
manufacturing and/or the wholesale distribution of manufactured
goods or materials.
Rules for the Application and Imposition of Development Charges:
2. It is hereby declared by the Council of the Region that all Development of
land within the Region, unless otherwise specified in this By-law, will
increase the need for services.
3. (1) | Subject to subsection (4), this By-law applies to all lands in the
Region whether or not the land or the use thereof is exempt from
taxation under section 3 of the Assessment Act, R.S.O. 1990, c.
A.31, as amended;
(2) | Council hereby imposes the Development Charges shown in
Schedule A of this By-law upon the Development of land to which
this By-law applies calculated in the manner set out in section 4
and said Schedule A;
(3) | The services to which the Development Charges imposed by
subsection (2) relate are those listed in Schedule B to this By-law;
(4) This By-law does not apply to:
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(a) (i) Development of land owned and for any municipal use by
the:
Region
City of Kitchener
City of Waterloo
City of Cambridge
Township of North Dumfries
Township of Wilmot
Township of Woolwich
Township of Wellesley
Or any Local Board of such municipality or their
successors, being institutions within the category of
institution hereby defined as "Municipalities within the
geographical limits of the Regional Municipality of
Waterloo";
(ii) Development of land owned and for any conservation
authority use by the Grand River Conservation Authority;
(iii) . Development of land owned and for any education use by a
Board as defined in subsection 1(1) of the Education Act,
R.S.O. 1990, c. E.2, as amended;
(iv) the Crown in right of Ontario or the Crown in right of
Canada;
(6) | the Development of land that constitutes, in accordance with the
Regulation only:
(i) the enlargement of an existing Dwelling Unit;
(ii) the creation of the first two additional Dwelling Units in an
existing Single Detached Dwelling Unit;
(iii) | the creation of the first additional Dwelling Unit in an
existing Semi-Detached, Townhouse (row) or Apartment
building;
(c) Development for any one or more of the following uses of land:
(i) a temporary use permitted under an area municipal zoning
by-law enacted in accordance with section 39 of the
Planning Act;
(ii) a Home Occupation;
(iii) | Farming, excluding a Farm Occupation;
(iv) | temporary erection of a building without a foundation
defined in the Building Code Act for a period not exceeding
six (6) consecutive months and not more than six (6)
months in any one calendar year on a Site for which
Development Charges have previously been paid;
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(v) an Accessory Building, provided that the total Gross Floor
Area of the Accessory Building or Buildings on the Site
does not exceed the total Gross Floor Area of the
applicable main use, buildings, Dwelling Units or Lodging
Units;
(d) | one or more enlargements of an Existing Industrial Building on the
same Site up to a maximum of fifty percent (50%) of the existing
gross floor area, as defined in the Regulation, on that Site before
the first enlargement;
(e) Hospitals within the meaning of the Public Hospitals Act, R.S.O.
1990, c. P.40, as amended; and
(f) Development of a remediated Brownfield to the maximum of the
Eligible Costs on that Site as set out in Schedule C of this By-law,
provided that the criteria as set out in Schedule C of this By-law is
satisfied and such Development occurs no later than seven years
from the date of issuance of the required Record of Site Condition.
Calculation of Development Charges:
4. (1) | Subject to subsections (2) to (9) inclusive, in calculating the
Development Charge applicable in respect of any Development
including Mixed Use Development, the total charge payable shall
be the aggregate of:
(a) the charges applicable to any Residential Use component
of the Development; plus
(b) the charges applicable to any Non-Residential Use
component of the Development.
(2) | A Development Charge shall be imposed in accordance with
Schedule A with respect to the Gross Floor Area of an Industrial
Building being increased by more than fifty percent (50%) of the
gross floor area of an Existing Industrial Building on the Site
subject to the following:
(a) | A building on a Site used for research purposes in
connection with manufacturing shall be under the same
ownership as a building on a Site used for manufacturing
purposes.
(b) Despite one or more new Sites being divided from the
original Site which result in an Existing Industrial Building
being separated on a Site from its previous enlargement or
enlargements for which an exemption was granted under
subsection 3(4)(d) of this By-law, further exemptions, if any,
pertaining to the Existing Industrial Building shall be
calculated on the basis of the gross floor area of the
Existing Industrial Building prior to the first enlargement
and the Site prior to its division.
(3) | Subject to subsections (4) to (7), where any Development on a
Site replaces or changes a former or existing development, the
Development Charge applicable to the Development shall be
reduced by a redevelopment allowance, without interest, not to
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exceed an amount equal to the total of:
(a) | the number and types of legally established Dwelling Units
and Lodging Units in the former or existing development;
and
(b) -- the legally established Gross Floor Area of all Non-
Residential Use components in the former or existing
development;
at the rates applicable to such Units or Gross Floor Area pursuant
to this By-law at the time the first building permit for the
Development is issued.
(4) In determining the Development Charge payable pursuant to
subsection (3) of this section, the total redevelopment allowance
applicable to the Site shall be calculated only with respect to the
services that were provided to the former or existing development.
(5) © Aredevelopment allowance pursuant to subsection (3) of this
section shall not apply to any of the following:
(a) | aformer development that was for a Residential Use if the
demolition permit was issued or, if there was not an issued
demolition permit, the actual demolition or destruction
occurred more than five years prior to issuance of the
building permit for the Development;
(6) | aformer development that was for a Non-Residential Use
or was a Mixed Use Development if the demolition permit
was issued or, if there was not an issued demolition permit,
the actual demolition or destruction occurred more than ten
years prior to issuance of the building permit for the
Development; and
(c) a former development on a Site of 10 hectares or more
that was for a Non-Residential Use or was a Mixed Use
Development, and a Record of Site Condition is required
for the Development, if the demolition permit was issued or,
if there was not an issued demolition permit, the actual
demolition or destruction occurred more than twenty years
prior to issuance of the building permit for the
Development.
(6) In the event of a division of a Site into two or more parcels, any
applicable redevelopment allowance pursuant to subsection (3)
shall be apportioned equally between or amongst the resultant
parcels of land on a per unit area basis unless otherwise
apportioned pursuant to an agreement in force and registered on
title to the Site comprising all of the parcels related to an approval
of the division of the Site pursuant the Planning Act or the
Condominium Act in which case such agreement shall prevail.
(7) | The redevelopment allowance applicable to a Site pursuant to
subsection (3) shall be reduced for each subsequent
Development by the redevelopment allowance applicable to such
subsequent Development.
(8) | Subject to subsection (9) below, only one Development Charge
shall be payable hereunder in respect of a Development of land
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even though two or more actions described in subsections 2 (2)
(a) to (g) inclusive of the Act may occur in order for the land to be
developed.
(9) -- If two or more of the actions described in subsections 2(2)(a) to
(g) inclusive of the Act occur, or if the same action occurs more
than once at different times in respect of the Development of land
then an additional Development Charge shall apply in respect of
the subsequent action where the Development which is the
subject of the subsequent action would have attracted a greater
Development Charge than was paid or payable in respect of the
earlier action, but in no case shall a refund be made of any
Development Charge paid and in no case shall the total
Development Charge payable in respect of the Development
exceed the highest charge applicable to the Development as a
whole.
(10) The Development Charge for the portion of an office building that
is the third floor and above shall be reduced by 50% provided that
the following is satisfied:
(a) the office building is located within an Urban Growth
Centre;
(6) the office building has a Gross Floor Area of at least 1,858
square metres (or 20,000 square feet) for the portion that is
the third floor and above;
(c) at least 75% of the Gross Floor Area of the portion of the
office building that is the third floor and above will be
dedicated to office space and associated facilities such as
reception areas, meeting rooms and storage rooms; and
(d) no portion of the office building that is the third floor and
above will be comprised of a Residential Use.
For the purposes of this subsection, the third floor shall be the
third floor above ground level for the office building.
(11) The Development Charge for an Industrial Building shall be
reduced by 60%.
(12) The Development Charge for Development occurring within a
Core Area of the City of Cambridge shall be reduced by the same
percentage rate, if any, as set out in the development charges by-
law of The Corporation of the City of Cambridge provided that the
percentage rate reduction in the development charges by-law of
The Corporation of the City of Cambridge applies to all
Development within a Core Area of the City of Cambridge.
5. Subject to any agreement made pursuant to section 27(1) of the Act, the
whole of the Development Charge imposed under this By-law shall be
calculated at the rate in effect at the time of the issuance of the building
permit and paid in full to the Treasurer of the lower-tier municipality in
which the land is located prior to the issuance of a building permit under
the Building Code Act for any building or structure in connection with the
Development in respect of which the Development Charge hereunder is
payable.
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6. The charges set out in Schedule A of this By-law on which a
Development Charge is based shall be adjusted without amendment to
this By-law on December 1 of each year, commencing on December 1,
2019, in accordance with section 7 of the Regulation.
Prior Agreements and Payments:
7. Any Servicing Agreements made under the Planning Act, prior to the
coming into force of By-law No. 91-91 of the Region shall remain in full
force and effect and, to the extent of conflict with this By-law, shall
prevail.
Credits:
8. Credits may be given as required under sections 38 to 41 inclusive of the
Act, and shall be applied against the Development Charge payable
under this By-law on a Site to a maximum of the Development Charge
otherwise payable for the services to which the work relates and ina
manner set forth in an agreement authorized by Council. When such an
agreement is entered into, the credit assigned to a Site shall not exceed
the Development Charge payable calculated on the maximum density of
Development permitted by a draft plan of subdivision condition or the
municipal zoning by-law which pertains to the Site on that date,
whichever is greater.
Reserve Funds:
9. The Regional Treasurer shall establish and retain reserve funds in
accordance with the provisions of the Act and shall, on or before June 1
of each year, prepare and provide to Council a financial statement with
respect to each Reserve Fund or Funds so established.
General Provisions:
10. Subject to section 59 of the Act, nothing in this By-law limits the right of
Council to require or request an owner to install such services as Council
requires at the owner's expense. Nothing in this By-law relieves an
owner of any obligation to install, at the owner's expense, such services
as are requested or required by Council as a condition of any approval
under the Planning Acct.
11. Prior to the time a Development Charge is payable, the Regional
Treasurer, upon request, shall certify to the Treasurer of the area
municipality in which such Site is located the amount of the Development
Charge applicable to the proposed Development of such Site, the date
upon which it is payable or whether it has been paid or otherwise
satisfied, pursuant to section 5 of this By-law or any applicable
agreement and, where it has not yet been paid, the manner in which the
Development Charge is to be paid. Such certificate shall be sufficient
evidence of the Development Charge payable under this By-law for the
purposes of the issuance of a building permit by the Chief Building
Official of the area municipality in which the Site is located. Such
certificate may, prior to the issuance of the building permit, be amended
by the Regional Treasurer in which case this provision shall apply to
such amended certificate. Unless such a certificate is obtained and the
amount provided for therein paid at the time and in the manner provided,
the owner of land to which a Development Charge applies remains fully
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liable for the amount of the Development Charge payable, determined in
accordance with this By-law.
12. For greater certainty, unless otherwise stated herein,
(1) a Development Charge, including any rate or exemption pursuant
to this By-law, shall be determined and payable for a
Development at the time of and upon a building permit being
issued for the Development;
(2) ifa Development consists of one building that requires more than
one building permit, the Development Charge for the
Development is payable upon the first building permit being
issued; and
(3) an Applicant for a building permit shall bear the onus and provide
the Regional Treasurer with such information and documentation
as necessary to satisfy the Regional Treasurer in regard to any
Development Charge rate or exemption as alleged by the
Applicant at the time of the building permit.
13. The Regional Treasurer shall refund, without interest, any Development
Charge that has been paid if the Chief Building Official of the area
municipality in which the Site is located cancels the building permit under
the Building Code Act for the building or structure within seven years of
the issuance of the building permit.
14. | Where a Development Charge is payable hereunder, but any matter as
to calculation, manner or timing for payment thereof is not expressly
provided for herein, such matters shall be determined in accordance with
the Act and Regulations, where applicable by analogy to similar
provisions hereof and in accordance with the general principles
underlying the Act and this By-law.
15. Nothing in this By-law shall be construed so as to commit or require the
Region or its Council to authorize or proceed with any specific capital
project or to enter into any Servicing Agreement or provide any credit for
the construction of Regional works at any time and Council shall retain
discretion not to proceed with any of the capital projects forecasted if it
deems appropriate or advisable for any reason including, but not limited
to, the lack of funding from Development Charges or otherwise.
16. The interest rate for the purposes of sections 18(3), 25(2) and section 36
of the Act is what the Bank of Canada rate is on August 1, 2019, updated
on the first business day of every January, April, July and October
thereafter for the life of this By-law.
17. (1) By-law No. 14-046, as amended, is hereby repealed effective at
11:59 p.m. on July 31, 2019.
(2) | Notwithstanding subsection (1), Schedule C of By-law No. 14-046,
as amended, shall continue to apply for the purposes of
subsection 3(4)(f) of this By-law in relation to a Site, provided that
the following is completed:
(a) | Submission of a Brownfield Eligibility Application, in the
form prescribed by the Regional Treasurer, for the Site and
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supporting documentation to the Region on or before July
31, 2019 that satisfy the following criteria:
(i) The Applicant is the registered owner of the Site or
has the owner's permission to act as agent for the
owner with regard to the Application;
(ii) There are no outstanding municipal or Regional
work orders pertaining to the Site;
(iii) | There are no Provincial Ministry orders, or pending
orders, pertaining to the Site;
(iv) | The Site is a known or potentially contaminated site
as documented in a Phase 1 Environmental Site
Assessment (ESA), completed to Ontario Regulation
153/04 standards and any other supporting
documentation;
(v) | That the contamination on the Site occurred as a
result of previous or surrounding land owners and
not as a result of the current owner of the Site; and
(vi) |The Site meets the definition of a Brownfield;
(b) Satisfaction of all requirements and conditions of
subsection 5(d) of Schedule C of By-law No. 14-046, as
amended, by no later than July 31, 2024; and
(c) | The Development occurs no later than seven years from
the date of issuance of the required Record of Site
Condition.
18. (1) If any provisions of this By-law conflicts with the Act and its
regulations as a result of amendments pursuant to the More
Homes, More Choice Act, 2019, then the Act and its regulations
shall prevail as necessary.
(2) For greater certainty, a conflict shall not apply pursuant to
subsection (1) where a provision in this By-law is allowed to
remain in effect for a prescribed period of time pursuant to the Act
or its regulations as amended by the More Homes, More Choice
Act, 2019.
19. This By-law shall come into force and effect on August 1, 2019.
By-law read a first, second and third time and finally passed in the Council
Chamber in The Regional Municipality of Waterloo this 26 day of June, A.D.,
2019.
Regional Clerk Regional Chair
2962040 Page 13 of 23
Schedule A
Part | - Residential Development Charges ($ Per Unit) (effective August 1, 2019, subject to
adjustment pursuant to section 6 of this By-law)
Single/Semi
Detached Townhouse Apartment Lodging
Service
Category Dwelling Dwelling Dwelling Unit
City Township City Township | City Township | City Township
Government
Paramedic
. 170 170 127 127 93 93 59 59
Services
Operations 162 162 121 121 88 88 56 56
Services
Service
Management
Transportation | 11,997 11,997 8,966 8,966 6,532 6,532 4,163 4,163
Water Supply 4,442 4,442 3,320 3,320 2,419 2,419 1,541 1,541
6,220 6,220 4,648 4,648 | 3,387 | 3,387 | 2,158 | 2,158
Total
General 17,394 | 14,968 | 13,000 | 11,187 | 9,471 | 8,150 | 6035 | 5,193
Services
Total 28,056 | 25,630 | 20,967 19,154 | 15,278} 13,957 | 9,735 8,893
Full Service
* - General Services includes General Government, Police Service, Paramedic Services,
Airport, Operations, Transportation, Waste Management, Transit Services, (Cities only), and
Library Services (Townships only)
2962046 Page 14 of 23
Schedule A Continued
Part Il - Non-Residential Development Charges ($ Per Square Foot of GFA*)
(effective August 1, 2019, subject to adjustment pursuant to section 6 of this By-law)
Non-Residential
Service Category
City Township
Lael ed a
steerer [| 00
eases [eae
Total 9.88 7.98
=-- ||
Total 16.07 14.17
a i
* - Gross Floor Area
** - General Services includes General Government, Police Service, Paramedic Services,
Airport, Operations, Transportation, Waste Management, Transit Services (Cities only), and
Library Services (Townships only)
2962046 Page 15 of 23
Schedule A (Continued)
Part Ill - Calculation Provisions:
1. Charges shall include components for only those Service Groups available
or to be made available to a Site in connection with the Development in
accordance with the terms or conditions associated with its approval or any
area municipal or Regional capital forecast in effect at the time the
Development Charge is imposed whether or not such services will be used
by the Development.
2. Subject to Part Ill, section 1 of this Schedule, the charges applicable to
residential Development shall be the sum of the amounts calculated by
multiplying the number of units of each type referred to in Part | of this
Schedule forming part of the Development by the rates listed thereunder in
the relevant Service Groups.
3. Subject to Part Ill, section 1 of this Schedule, the charge applicable to Non-
Residential Development shall be the sum of the amounts calculated by
multiplying the Gross Floor Area of all buildings and structures forming part
of the Development by the rates listed in the relevant Service Groups in
Part Il of this Schedule.
2962046 Page 16 of 23
Schedule B
[Service Group] Services Included | Service Category |
eG
Government
ice ea
4. Airport Airport
aie a
(ce dic
Operations
Works
a
"applicable only to Development in the Cities of Cambridge, Kitchener and
Waterloo
**applicable only to Development in the Townships of North Dumfries, Wellesley,
Wilmot and Woolwich.
2962046 Page 17 of 23
Schedule C
Eligible Costs and Eligibility Criteria for an Exemption for a Development Charge
on a Remediated Brownfield
1. Eligibility Criteria
(1) | An Applicant must not have been the registered owner of the
Brownfield during the operational activities of the land use which
created the Brownfield, nor have been found by any court, tribunal
or other body with lawful jurisdiction to be responsible for the subject
contamination of the Brownfield;
(2) | Sites must meet the definition of a Brownfield as set out in this By-
law; and
(3) Sites in property tax arrears are not eligible to receive an exemption.
2. Eligible Costs
(1) The Eligible Costs for the Development Charge exemption shall be
determined as follows:
(a) -- the direct costs of remediating the Brownfield as determined
herein shall be added up, subject to the following
percentages:
(i) 100% of direct remediation costs if the required
Record of Site Condition for the Brownfield is issued
on or before December 31, 2021; and
(ii) 50% of direct remediation costs if the required Record
of Site Condition for the Brownfield is issued between
January 1, 2022 and July 31, 2024:
(b) -- the value of any financial assistance provided by the Region
and / or a lower-tier municipality under its Brownfields
Financial Incentive Program, or any successor thereto, shall
be deducted; and
(c) | the net amount after the calculations in subsections (a) and
(b) shall be reduced, if applicable, so that the amount for
Eligible Costs does not exceed the sum of $1,000,000 per
Brownfield.
(2) Direct remediation costs include the cost of the following, exclusive of
HST:
(a) Phase | Environmental Site Assessments;
(b) Phase II Environmental Site Assessments (only for the
portion not already funded by the Region under its
Brownfields Financial Incentive Program or any successor
thereto);
(c) Remedial Action Plan/ Remedial Work Plan;
(d) Risk Assessment;
(e) Environmental Rehabilitation;
2962046 Page 18 of 23
(f) Risk Mitigation Measures;
(g) Disposal of contaminated soil;
(h) Placing of clean fill and grading;
(i) Building demolition costs related to remediation; and
(j) Filing of a Record of Site Condition (provided that at least one
other cost item above has been incurred).
3. Review of Eligible Costs
(1) | Direct remediation costs submitted by the Applicant will be subject to
an audit that confirms the link between direct remediation costs
submitted by the Applicant and the work plan followed to achieve
filing of the Record of Site Condition.
(2) | The audit will be carried out in accordance with the standards set
out in Section 5815 of the Canadian Institute of Chartered
Accountants Handbook -- Special Reports -- Audit Reports on
Compliance with Agreements, Statutes and Regulations, or any
successor thereto.
(3) | The audit report should clearly indicate that the direct remediation
costs submitted by the Applicant relate to the rehabilitation of the
Brownfield and the work plan followed to achieve filing of the Record
of Site Condition.
(4) | Thecost of the audit is not a direct remediation cost and is the
responsibility of the Applicant.
4. Work and Quality Requirements
An Applicant for an exemption must provide a copy of the Record of Site
Condition and the associated acknowledgment from the Ministry of the
Environment, Conservation and Parks, or any successor Ministry, to verify
that environmental remediation has been completed in accordance with
Regulation 153/04 of the Environmental Protection Act, as well as
standards set by the Canadian Standards Association, and all other
applicable standards, all as may be amended or superseded from time to
time.
5. Conditions for Receiving Exemption
(1) -- Eligibility for this exemption commences thirty (30) calendar days
after a Record of Site Condition has been filed for the subject
property to allow the Ministry of the Environment, Conservation and
Parks, or any successor Ministry, to complete its audit process and
terminates on the date that is seven years from the date of
commencement of eligibility. If a Record of Site Condition does not
pass the Ministry audit, the redevelopment shall be ineligible for the
development charge exemption.
(2) | Approval of the exemption will only be granted after the Eligible
Costs have been determined and verified in accordance with this
Schedule.
(3) If a building permit is issued for the subject Brownfield prior to the
determination of the Eligible Costs then the applicable Development
Charge without regard to the applicability of this exemption to the
Development on the Site must be paid in full. In such cases, the
2962046 Page 19 of 23
Development Charge shall be held by the Region and any
calculated Development Charge exemption shall be refunded to the
Applicant if and when approval of the exemption is granted.
(4) | An Applicant for the Development Charge exemption shall submit
the following materials as evidence of work undertaken, compliance
with standards and costs incurred:
(a) | Acopy of the Record of Site Condition;
(b) | Acknowledgement letter from the Ministry of the Environment
indicating receipt of the Record of Site Condition;
(c) Remedial work plan or action plan used to achieve filing of
the Record of Site Condition and all other associated
documents;
(d) Certificate of property use, if applicable;
(e) Original cost estimates for remediation prepared by a
Qualified Person as defined in Regulation 153/04 of the
Environmental Protection Act, as amended;
(f) Paid invoices from a Qualified Person as defined in
Regulation 153/04 of the Environmental Protection Act, as
amended;
(g) Paid invoices from contractors in respect of remediation work;
(h) §=Summary of all Eligible Costs;
(i) Signed declaration that the subject property is not property
tax arrears; and
(j) The audit report as required by section 3.
6. (1) | The Eligible Costs as approved herein shall apply to the entire
Brownfield on which the environmental contamination exists or
existed.
(2) In the event of a division of a Brownfield into two or more parcels,
any Eligible Costs as approved herein, shall be apportioned equally
between or amongst the resultant parcels of land on a per unit area
basis unless otherwise apportioned pursuant to an agreement in
force and registered on title to the Brownfield comprising all of the
parcels related to an approval of the division of the Site pursuant to
the Planning Act or the Condominium Act in which case such
agreement shall prevail.
(3) | The Eligible Costs as approved herein applicable to a Brownfield
shall be reduced for each subsequent Development by the Eligible
Costs applicable to such subsequent Development.
2962046 Page 20 of 23
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2962046
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2962046
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2962046 Page 23 of 23