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BY-LAW NUMBER 1 OF 2024
OF THE CITY OF SARNIA
"A By-Law of The Corporat¡on of the City of Sarnia respecting
Development Charges"
(Re: Development Charges By-Law)
WHEREAS subsection 2(1) of the Development Charges Act,
t997, 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
development of the area to which the Bylaw applies;
AND WHEREAS Council wishes to ensure that the capital Cost
of meeting growth-related demands for municipal services does not
place an undue financial burden on the City or its taxpayers while, at
the same time, ensuring new taxpayers contribute no more than the
New Capital Cost attributable to providing the current level of
municipal services to new development;
AND WHEREAS the Development Charges Act, 1997, permits
Councils to pass a By-law for the imposition of Development Charges if
the Development of land within the City will increase the need for
municipal services and any one or more of the actions set out in
Subsection 2(2) of the Act is required for such Development;
AND WHEREAS the City has undertaken a background study as
required by Sections 10 and 11 of the Development Charges Act and
has given notice in accordance with Section L2 of the Development
Charges Act in order to solicit input;
AND WHEREAS a public meeting has been held before passage
of this By-law with notice given and sufficient information made
available to the public pursuant to Section t2 of the Development
Charges Act, t997;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF
THE CITY OF SARNIA ENACTS AS FOLLOWS:
1. DEFXNITIONS
1.1. In this by-law,
1) "Act" means the Development Charges Act, 1997, c. 27, as
amended, or any successor thereto;
2) "Accessory Dwelling" means a self-contained residential unit
that is subordinate in purpose to another residential dwelling
unit upon the same lot and includes a garden suite and a
mobile home.
3) "Accessory Use" means where used to describe a use,
building, or structure, that the use, building or structure is
naturally and normally incidental, subordinate in purpose of
floor area or both, and exclusively devoted to a principal use,
building or structure;
4) "Affordable Residential Unit" means a residential unit that
meets the criteria set out in subsection 4.L(2) or 4.1(3) of the
Act;
5) "Ancillary Residential Building" means a residential building
that would be ancillary to a detached dwelling, semí-detached
dwelling, or row dwelling and includes an accessory dwelling.
6) "Apartment dwelling" means any dwelling unit within a
building containing more than four dwelling units where
access to each residential unit is obtained through a common
entrance or entrances from the street level and the residential
units are connected by an interior corridor;
7) "Attainable Residential Unit" means a residential unit that
meets the criteria set out in subsection 4.L(4) of the Act;
8) "Bedroom" means a habitable room larger than seven square
metres, including a den, study, or other similar area, but does
not include a living room, dining room or kitchen;
9) "Board of education" means a board defined in subsection
1(1) of the Education Act, or any successor thereto;
10) "Building Code Act" means the Building Code Act, 1992, as
amended, or any successor thereto;
11) "Capital cost" means costs incurred or proposed to be
incurred by the City or any Local Board thereof, or the
County in respect of County Roads only, either directly or
by others on behalf of, and as authorized by the City, any
Local Board thereof, or the County where those costs are
one of the following:
a) costs to acquire lands or an interest in land,
including the capital component of the costs to
acquire a leasehold interest;
b) costs to improve lands;
c) costs to acquire, lease, construct or improve
buildings and structures;
d) costs to acquire, lease, construct or improve
facilities, including ;
¡) rolling stock with an estimated useful life of seven
years or more,
ii) furniture and equipment, other than computer
equipment, and
iii) materials acquired for circulation, reference or
information purposes by a library board defined in
the Public Libraries Act;
e) interest on money borrowed to pay costs described
in clauses a) to d) above;
L2) "City" means The Corporation of the City of Sarnia;
13) "Class" means a grouping of services combined to create a
single service for the purposes of this by-law and as
provided in section 7 of the Development Charges Act;
L4) "Commercial use" means the use of any land, building or
structure for the sale of goods or services at retail;
15) 'tCouncil" means the Council of the City;
16) "County" means the Corporation of the County of Lambton;
L7) "Development" means the construction, erection or placing
of one or more buildings or structures on land or the
making of an addition or alteration to a building or
structure that has the effect of increasing the size or
usability thereof, and includes redevelopment;
18) "Development charge" means a means a charge imposed
with respect to Net Growth-related capital Costs against
lands in the City under the Development Charges Act and
calculated with this By-law;
19) "Dwelling unit" means one or more rooms for domestic use
of one or more individuals living as a single housekeeping
unit in which culinary and sanitary facilities are provided
for the exclusive use of the individual or individuals. For
the purposes of this by-law, 'dwelling unit' does not include
special care/special dwelling unit/room;
20) "Existing industrial building" means a building or buildings
existing on site in the City of Sarnia on July L3,20L4 or
the first building constructed and occupied on a vacant site
pursuant to site plan approval under Section 41 of the
Planning Act, R.S.O. c.P.13 of the Planning Act subsequent
to this by-law coming to effect for which full development
charges were paid, and is being used for or in conjunction
with,
a) the production, compounding, packaging, crating,
bottling, packing or assembling of raw or semi-
processed goods or materials in not less than
seventy-five percent of the total gross floor area of
the building or buildings on a site ("manufacturing")
or warehousing related to the manufacturing use
carried on in the building or buildings;
b) research or development in connection with
manufacturing in not less than seventy-five percent
of the total gross floor area of the building or
buildings on a site;
c) retail sales by a manufacturer, if the retail sales are
at the site where the manufacturing is carried out,
such retail sales are restricted to goods
manufactured at the site, and the building or part of
a building where such retail sales are carried out
does not constitute greater than twenty-five percent
of the total gross floor area of the building or
buildings on the site; or
d) office or administrative purposes, if they are,
i) carried out with respect to manufacturing or
warehousing; and
ii) in or attached to the building or structure used for
such manufacturing or warehousing;
2L) "Farm building" means a low human occupancy farm
building under the Ontario Building Code;
È
22) "Front ending agreement" means an Agreement made
under Section 44 of the Act'
23) "Grade" means the average level of finished ground
adjoining a building or structure at all exterior walls;
24) "Gross floor area" means the total floor area of all floors
above grade of a dwelling unit measured between the
outside surfaces of exterior walls or between the outside
surfaces of exterior walls and the centre line of party walls
dividing the dwelling unit from other dwelling units or other
portion of a building;
a) in the case of a Residential Use building or structure
or in the case of the Residential Use portion of a
mixed-use building or structure, the total area of all
floors above grade of any and all Dwelling Units
measured between the outside surfaces of exterior
walls and the centre lines of party walls dividing the
dwelling Unit or other portion of a building;
b) in the case of a Non-Residential Use building or
structure, or in the case the Non-Residential Use
portion of a mixed-use buildíng or structure, the total
area of all building floors above or below grade.
25) "Growth Related New Capital Cost" means the portion of
the Net Capital Cost of services that is reasonably
attributable to the need for such Net Capital Cost that
results from, or will result from, development in all or a
defined part of the City;
26) "Hospice" means a building or portion of a mixed-use
building designed and intended to provide palliative care
and emotional support to the terminally ill in a home or
homelike setting so that quality of life is maintained, and
family members may be active participants in care,
27) "Industrial Use" means lands, buildings or structures used
or designed or intended to use for manufacturing,
processing, fabricating or assembly of raw goods,
warehousing or bulk storage of goods, and includes office
uses and the sale of commodities to the general public
where such uses are accessory to an industrial use, but
does not include the sale of commodities to the general
public through a warehouse club;
28) "Institutional" means lands, buildings or structures or
portions thereof used by any organization, owned or
operated, on a not for profít basis, for religious,
educational, charitable or government purposes supported
in whole or in part by public funds;
29) "Institutional development" means development of a
building or structure 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;
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,
¡¡) a college or university federated or affiliated with
a university described in subclause (i), or
i¡¡) an Indigenous Institute prescribed for the
purposes of section 6 of the Indigenous Institutes
Act, 2OL7;
d) as a memor¡al home, clubhouse or athletic grounds
by an Ontario branch of the Royal Canadian Legion;
or
e) as a hospice to provide end of life care.
30) "Local board" has the same definition as defined in the
Development Charges Act, L997;
31) "Local services" means those services, facilities or things
which are under the jurisdiction of the municipality and are
related to a plan of subdivision or within the area to which
the plan relates in respect of the lands under Sections 41,
51 or 53 of the Planning Act R. s.0. 1990, as amended or
any successor thereto;
32) "Multiple dwellings" means all dwellings other than single
detached dwellings, semi-detached dwellings, and
apartment house dwellings;
33) "Net capital cost" means the Capital Cost less capital
grants, subsidies made to the City or that the Council of
the City anticipates will be made, including conveyances or
payments under Section 42, 51 and 53 of the Planning Act,
R.S.O. 1990, as amended, and less the reductions required
by subsection 5(B) of the Act;
34) "Non-profit housing development" means development of a
building or structure intended for use as residential
premises by,
a) a corporation without share capital to which the
Corporations Act 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 Notfor-profit Corporations Act applies, that is
RI
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.
35) "Non-residential use" means a building or structure of any
kind whatsoever used, designed or intended to be used for
other than a residential use and includes all commercial,
industrial and institutional uses;
36) "Non-serviced industrial buildings and structures used
exclusively for storage" means buildings and structures
located within an industrial zone that are not serviced by
municipal or private water and/or sewage systems and are
used exclusively for the warehousing or storage of goods
accessory to the industrial use.
37) "Official plan" means the Official Plan of the Corporation of
the City of Sarnia and any amendments thereto;
38) "Owner" means the owner of land or a person who has
made application for an approval for the development of
land upon which a development charge is imposed;
39) "Planning Act" means the Planning Act, R.S.O. 1990, as
amended;
40) "Rate" means the interest rate established weekly by the
Bank of Canada;
4t) "Regulation" means any regulation made pursuant to the
Act;
42) "Rental housing" means development of a building or
structure with four or more dwelling units all of which are
intended for use as rented residential premises;
43) "Residential use" means lands, buildings or structures of
any kind whatsoever used, designed or intended to be
used as living accommodations for one or more individuals;
44) "Semi-detached dwelling" means a dwelling unit in a
residential building consisting of two dwelling units having
one vertical wall or one horizontal wall, but no other pafts,
attached or another dwelling unit where the residential
units are not connected by an interior corridor;
45) "Services" (or "service") means those services set out in
Schedule "4" to this By-law;
46) "Servicing agreement" means a servicing agreement,
subdivision agreement, severance agreement,
condominium agreement, site plan agreement or other
similar agreement entered into between an Owner and the
City;
47) "Single detached dwelling unit" means a residential
building consisting of one dwelling unit and not attached to
another structure and includes mobile homes.
48) "Site" means a parcel of land which can be legally
conveyed pursuant to Section 50 of the Planning Act and
includes a development having two or more lots
consolidated under on identical ownership;
49) "Special care/special dwelling unit/room" means a
residence:
a) containing two or more dwelling rooms, which rooms
have common entrance from street level; and
b) where the occupants have the right to use in
common with other occupants, halls, stairs, yards,
common room and accessory buildings; and
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c) that is designed to accommodate persons with
specific needs, including but not limited to,
independent permanent living arrangements; and
where support services, such as meal preparation,
grocery shopping, laundry, housing, nursing, respite
care and attending services are provided at various
levels; and includes but is not limited to retirement
homes or lodges, group homes, dormitories, and
hospices
2. DESTGNATTON OF SERVTCES/CLASS OF SERVTCES
2.L. The categories of services/class for which development charges
are imposed under this by-law are as follows:
1) Services Related to a Highway;
2) County Roads;
3) Fire Protection Services;
4) Police Services;
5) Parks and Recreation Services;
6) Library Services;
7) Storm drainage and control services;
8) Wastewater; and
9) Water.
Components of the services/class of services designated in
Subsection 2.L are described in Schedule "4".
3. APPLICATION OF BY.LAW RULES
3.1. Development charges shall be payable in the amounts set out in
this by-law where:
1) the lands are located in the area described in Subsection 3.2
and
2) the development of the lands requires any of the approvals
set out in Subsection 3.4(1).
Lands Affected
3.2. Subject to Subsection 3.3 this by-law applies to all lands in the
geographic area of the City of Sarnia.
1) the City-wide Development Charges described in Schedule B
to this by-law shall be calculated and collected on all lands
designated within the City;
2) the Urban Services - All Other Urban Areas Development
Charges described in Schedule B to this by-law shall be
calculated and collected on all lands designated as "Urban
Area" in Schedule "C"; and
3) the Urban Services - Development Area 2 Development
Charges described in Schedule B, to this by-law shall be
calculated and collected on all lands designated as
"Development Area 2" in Schedule "C".
3.3
1) This By-law applies to all land in the City of Sarnia, whether
or not the lands or use thereof is exempt from taxation under
Section 3 of the Assessment Act.
2) Notwithstanding subsection 3.3(1) above, land that is owned
by and used for the purpose of:
a) the City or any local board thereof, or
b) the County, or
c) a Board as defined in Section 1(1) of the Education Act,
R.S.O. 1990, c.8.2 is exempt from the payment of a
Development Charge.
d) Land vested in or leased to a university or college that
receives regular and ongoing operating funds from the
government for the purposes of post-secondary education
is exempt from development charges imposed under the
Act if the development in respect of which development
charges would otherwise be payable is intended to be
occupied and used by the university.
3.4. Approvals for Development
1) Development charges shall be imposed on all lands, buildings
or structures that are developed for residential or non-
residential uses if the development requires,
a) the passing of a zoning by-law or an amendment to a
zoning Section 34 of the Planning Act, R.S.O. 1990;
b) the approval of a minor variance under Section 45 of the
Planning Act, R.S.O. 1990;
c) a conveyance land to a by-law passed under Subsection
50(7) of the Planning Act, R.S.O. 1990, 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, R.S.O.
1990;
f) the approval of a description under Section 50 of the
Condominium Act, R.S.O. 1990; or
g) the issuing of a permit under the Building Code Act S. 0.
1990, in relation to a building or structure.
2) No more than one development charge for each service
designated in Subsection 2.1 shall be imposed upon any
lands, buildings or structures to which this by-law applies
even though two or more of the actions described in
Subsection 3.4(1) are required before the lands, buildings or
structures can be developed.
3) Despite Subsection 3.4(2), if two or more of the actions
described in Subsection 3 .4(L) occur at different times,
additional development charges shall be imposed if the
subsequent action has the effect of increasing the need for
services.
Exemptions
3.5. Notwithstanding the provisions of this by-law, and subject to the
transition provisions of section 3.5.1, development charges shall
not be imposed with respect to:
1) a non-residential farm building or structure on a property
actively used for agricultural purposes in the rural zones as
identified in the City's Zoning By-law;
2) a use of land that does not involve a building structure, such
as playing fields, ball diamonds and other similar outdoor
recreation facilities;
3) development in the Sarnia 402 Business Park located between
Airport Road, Telfer Road, London Line and Highway 402 or in
the Sarnia Business and Research Park and the University of
Western Ontario Research and Development Park (Sarnia-
Lambton Campus) located on the east side of Highway 40
south of London Line; and
4) temporary buildings and structures as defined in the City's
Zoning By-law, non-serviced industrial buildings and
structures used exclusively for storage, and airport hangars.
5) Non-Profit Housing Development;
6) Affordable Housing units required pursuant to Section 34 and
t6(4) of the Planning Acf (Inclusionary Zoning).
7) Other Exemptions (Upon Proclamation):
a) Once proclamation is received by the Lieutenant Governor,
the following shall be exempt from development charges:
i. Affordable Residential Units; and
¡¡. Attainable Residential Units
Transition of Exemptions to Grant Program:
3.5.1The exempt types of development set out in items 1 to 4 in
section 3.5 of this by-law are separately no longer deemed
exempt once a Community Improvement Plan is approved by the
City which includes a grant equivalent to the applicable D.C. for
each type of development, or a portion thereof.
3.6. Exemption for Industrial Development:
1) No Development Charge shall be imposed on:
a) one or more enlargements of an Existing Industrial
Building, up to a maximum of fifty percent (50o/o) of the
Gross Floor Area of the Existing Industrial Building;
b) the enlargement or addition of one or more industrial
Buildings on the same lot or parcel of land as one or more
Existing Industrial Buildings, up to a maximum of fifty
percent (50o/o) of the combined Gross Floor Area of the
Existing Industrial Buildings.
2) If the gross floor area is enlarged by more than 50 percent as
an addition onto the Existing Industrial Building, the amount
of the development charge in respect of the enlargement is
3.7
the amount of the development charge that would otherwise
be payable multiplied by the fraction as determined as
follows:
a) Determine the amount by which the enlargement
exceeds 50 percent of the gross floor area before the
enlargement.
b) Divide the amount determined under paragraph
3.6(2Xi) by the amount of the enlargement.
3) The cumulative total of the Gross Floor Area previously
exempted hereunder shall be included in the determination of
the amount of the exemption applicable to any subsequent
enlargement.
4) Where a subdivision of a lot or parcel of land subsequent to
any enlargement or additional industrial Building previously
exempted hereunder results in the Existing Industrial Building
being on a lot or parcel separate from the Development
previously, further exemptions, if any, pertaining to the
Existing Industrial Building shall be calculated on the basis of
the lot or parcel of land as it exists at the time of said
enlargement or additional industrial Building.
Exemptions for Intensification of Existing Housing or
New Housing:
No Development Charge shall be imposed where the only
effect of an action referred to in Section 3.4 of this By-law is
to:
a) permit an enlargement to an existing residential Dwelling
Unit;
b) permit the creation of additional dwelling units equal to the
greater of one Dwelling Unit or one percent of the existing
Dwelling Units is existing Rental Housing or a prescribed
1)
ancillary residential dwelling structure to the existing
residential building;
c) Notwithstanding the provisions of this By-law,
development charges shall not be imposed with respect to
the creation of any of the following in existing houses:
i. A second residential unit in an existing detached
house, semi-detached house or rowhouse on a
parcel of land on which residential use, other than
ancillary residential use, is permitted, if all
buildings and structures ancillary to the existing
detached house, semi-detached house or rowhouse
cumulatively contain no more than one residential
unit.
il.
A third residential unit in an existing detached
house, semi-detached house or rowhouse on a
parcel of land on which residential use, other than
ancillary residential use, is permitted, if no building
or structure ancillary to the existing detached
house, semi-detached house or rowhouse contains
any residential units.
ilt
One residential unit in a building or structure
ancillary to an existing detached house, semi-
detached house or rowhouse on a parcel of urban
residential land, if the existing detached house,
semi-detached house or rowhouse contains no
more than two residential units and no other
building or structure ancillary to the existing
detached house, semi-detached house or rowhouse
contains any residential units.
d) Notwithstanding the provisions of this By-law,
development charges shall not be imposed with respect to
I
2)
the creation of any of the following in new residential
buildings:
A second residential unit in a new detached house
semi-detached house or rowhouse on a parcel of
land on which residential use, other than ancillary
residential use, is permitted, if all buildings and
structures ancillary to the new detached house,
semi-detached house or rowhouse cumulatively will
contain no more than one residential unit.
¡¡. A third residential unit in a new detached house,
semi-detached house or rowhouse on a parcel of
land on which residential use, other than ancillary
residential use, is permitted, if no building or
structure ancillary to the new detached house,
semi-detached house or rowhouse contains any
residential units.
¡¡i. One residential unit in a building or structure
ancillary to a new detached house, semi-detached
house or rowhouse on a parcel of urban residential
land, if the new detached house, semi-detached
house or rowhouse contains no more than two
residential units and no other building or structure
ancillary to the new detached house, semi-
detached house or rowhouse contains any
residential units
Notwithstanding 3.7(1) above, Development Charges shall be
imposed if the additional Dwelling Unit(s) has a Gross Floor
Area greater than:
a) in the case of a Semi-detached Dwelling Unit or
Townhouse Dwelling Unit, the Gross Floor Area of the
existing Dwelling Unit; and
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3)
b) in the case of any other Residential Building, the Gross
Floor Area of the smallest Dwelling Unit contained in the
said residential Building.
The exemption to Development Charges in 3.7(1) above shall
only apply to the first instance of intensification in an existing
or new dwelling.
Subject to 3.7(2) and 3 .7(3) above, any exemption under
3.7(t) above shall apply to the smallest Dwelling Unit, as
determined by applicable rates under this By-law.
3.8 Discounts for Rental Housing (For Profit)
1)
The D.C. payable for rental housing developments, where the
residential units are intended to be used as a rented
residential premises will be reduced based on the number of
bedrooms in each unit as follows:
4)
3.9
1)
a)
b)
c)
Three or more bedrooms - 25 per cent reduction;
Two bedrooms - 20 per cent reduction; and
All other bedroom quantities - 15 per cent
reduction.
Phasing Amount of Charges
The amount of the development charges described in
Schedule B to this by-law shall be reduced in accordance with
Section 5(8) of the Act. Therefore, the following percentages
of the charges provided in Schedule B will be imposed
(subject to annual indexing as per Section 10 of this By-law):
a) Year 1 - 80 per cent;
b) Year 2 - 85 per cent;
c) Year 3 - 90 per cent;
d) Year 4 - 95 per cent; and
e) Year 5 through 10 - 100 per cent
3.10 Residential
1)
The development charges described in Schedule B to this by-
law shall be imposed on residential uses of lands, buildings or
structures, including a dwelling unit accessory to a non-
residential use and, in the case of a mixed use building or
structure, on the residential uses in the mixed use building
or: structure, according to the type of residential unit, and
calculated with respect to each of the services according to
the type of residential use.
3.11 Non-Residential Uses
1)
The development charges described Ín Schedule B to thís by-
law shall be imposed on non-residential uses of lands,
buildings or structures, and, in the case of a mixed use
building or structure, on the non-residential uses in the mixed
use building or structure, and calculated with respect to each
of the services according to the gross floor area of the non-
residential use.
3.t2 Redevelopment
1)
Where the redevelopment of lands involves the replacement
of one or more buildings or structures, existing on the land or
converted from one principal use to another principal use on
the same land, the Owner shall receive a credit against the
Development Charge payable hereunder for the replaced
Residential Unit(s) or Non-residential Gross Floor Area or
acreage (at the owner's option), at the rate or rates
applicable to the type of use or uses that are removed from
the land, regardless of the type of the redevelopment
provided that a building permit has been issued within five
(5) years from the date of the demolition permit;
2)
A credit can, in no case, exceed the amount of the
development charge that would otherwise be payable, and no
credit is available if the existing land use is exempt under this
by-law.
3.13 Local Services and Connections
1)
Nothing in this By-law prevents Council from requiring, as a
condition of approval under Section 4L,51 and 53 of the
Planning Act that Local Services and local connections to
watermains, sanitary sewers and storm drainage facilities be
installed at the Owner's expense; and
Nothing in this By-law prevents Council from charging an
Owner for the cost of Local Services which are required for
Development, where such Local services are installed at the
expense of the City or another Owner.
4. AGREEMENTS REGARDING PAYMENT OF DEVELOPMENT
CHARGES
4.L.
1) Nothing in this By-law prevents Council from entering into an
agreement with an Owner providing for the payment of a
Development Charge before the date otherwise required for
payment hereunder.
2) Where an Owner has entered into an agreement under this
Section, the Owner shall only be required to pay the
Development Charge in effect on the date it is payable under
the agreement.
5. FRONT ENDING AGREEMENTS
5.1. Council ffiäy, from time to time and at any time, enter into a
Front Ending Agreement as authorized by Section 44 of the Act.
2)
6. COMPLAINTS ABOUT DEVELOPMENT CHARGES
6.1.
1) An Owner required to pay a Development Charge may
complain to Council that:
a) the amount of the Development Charge was incorrectly
determined;
b) a credit available to be used against the Development
Charge was not applied, or the amount of credit or service
with respect to the which the credit was applied, was
incorrectly determined; or
c) there was an error in the application of the Development
Charge By-law.
2) Such complaint must be received within 90 days of the
Development Charge being paid and must be in written form
indicating:
a) the complainant's name;
b) address for service of notice; and
c) reasons for the complaint.
7. ADMINISTRATION
1) Council directs the Treasurer of the City to create a reserve
fund separate from the other revenues or receipts of the City
of Sarnia. The Treasurer is hereby directed to divide the
reserve fund into separate sub-accounts for each of the
Services for which a Development Charge is payable. The
Treasurer shall deposit the Development Charges paid under
this By-law and any interest earned thereon to the credit of
7.L.
the appropriate sub-accounts of the reserve fund and shall
pay there from any amount necessary to defray the Net
Capital Cost of Services in accordance with the provisions of
s.35 of the Development Charges Act, 1997.
2) The amount contained in the reserve fund established under
Section L4 of this By-law shall be invested in accordance with
subsection 165(2) of the Municipal Act, R.S.O. 1990, c. M.45,
as amended, and any income received from such investment
shall be credited to the sub-accounts in the said reserve fund
in the appropriate proportions.
3) The Treasurer shall each year on or before the 31st day of
May, give the Council a financial statement relating to a
Development Charge By-law and reserve funds established
hereunder containing the information required under the
Regulations.
8. TIMING AND PAYMENT OF DEVELOPMENT CHARGES
8.1. Development Charges are payable at the time the first building
permit is issued with respect to a development.
8.2. Notwithstanding Section 8.1, development charges for rental
housing and institutional developments are due and payable in 6
equal annual payments commencing with the first Installment
payable on the date of occupancy, and each subsequent
Installment, including interest at the interest rate as provided in
accordance with Section 26.3 of the Act.
8.3. Where the development of land results from the approval of a
site plan or zoning by-law amendment application received on or
after January L,2O2O, and the approval of the application
occurred within two years of building permit issuance, the
development charges under Sections 3.10 and 3.11 shall be
calculated on the rates set out in Schedule "8" on the date of the
planning application, including interest. Where both planning
applications apply development charges under Sections 3.10 and
3.11 shall be calculated on the rates, including interest at the
interest rate as provided in the in accordance with Section 26.3
of the Act, set out in Schedule "8" ol'ì the date of the later
planning application.
9. SERVICES IN LIEU OF DEVELOPMENT CHARGES
9.1. Council, by written agreement, and subject to Sections 38, 39,
40 and 4t of the Act, may permit an Owner to commute all or
part of the Development Charge by the provision of one or more
services in lieu, provided such services in lieu are at a standard,
that is equal to but not greater than the standard for the
equivalent Service for which a Development Charge is payable
hereunder. Such Agreement shall provide a credit equal to the
reasonable cost to the Owner of providing the service in lieu, but
such credit shall not exceed the Development Charge payable for
the Development.
10. INDEXING
10.1. Development charges imposed pursuant to this by-law shall be
adjusted annually, without amendment to this by-law,
commencing on January L5, 2024, and each January 1
thereafter, in accordance with the Statistics Canada Quarterly,
Non-Residential Building Construction Price Index (Table 18-10-
0276-02) for the most recent year-over-year period,
11. REGISTRATION
11.1. A copy of this By-law shall be registered in the By-law register in
the Land Registry Office against all lands in the City.
12. SEVERABILITY
L2.t.If any section or sections of this By-law or parts thereof shall be
found by any Court to be illegal or beyond the power of Council
to enact, such section or sections or parts thereof shall be to be
severable and all other sections or parts of this By-law shall be
deemed to be separate and independent there from and continue
in full force and effect and unless and until similarly found this
By-law shall be enacted as such.
13. INTERPRETATION
13.1. The By-law shall be read with all changes to numberand gender
required by the context
14. SCHEDULES
L4.7. The following schedules to this by-law form an integral part
thereof:
Schedule "A"
Components of Services/Classes of Services
Designated in Subsection 2.1
Schedule "B"
Residential and Non-ResidentÍal Development
Charges
Schedule "C"
Urban Growth Boundary and Development
Area 2 Map
15. SHORT TITLE
15.1. The short title of this By-law is "Development Charges" By-law.
16. DATE BY-LAW IN FORCE
16.1. This by-law shall come into force and effect on January 15,
2024.
17. DATE BY.LAW EXPIRES
L7.L. This by-law shall expire 10 years from the date of passing,
unless it is repealed at an earlier date.
I
18. REPEAL
18.1. Upon the coming intoforce of this by-law, By-law No.89 of 2019
(as amended by 101 of 2O2t) of the City of Sarnia is hereby
repealed.
R
By-Law Read a First, Second and Third time this 15 day of
January | 2024.
Mike Bradley
Mayor
Amy Burkhart
City Clerk
SCHEDULE IIAII
TO BY-LAW NUMBER 1 of 2024
DESIGNATED MUNICIPAL SERVICES / CLASS OF SERVICES UNDER
THIS BYLAW
D.C. Eliqible Services
Services Related to a Highway
. Roads, Sidewalks, Signals and Streetlights
. County Roads
Fire Protection Services
. Fire Facilities
o Fire Vehicles
. Fire Equipment and Gear
Police Services
Stormwater Services
. Channels, Drainage
Wastewater Services
. Treatment
. Collection
Water Services
. Distribution
Parks & Recreation Services
. Parkland development, amenities, and trails
. RecreationFacilities
. Parks & Recreation Vehicles
Library Services
. Library facilities
. Library collection materials
D.C. Elioible Classes of Services
Public Works Facilities, Fleet, and Equipment
. Services Related to a Highway
. Water Services
. Wastewater Services
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SCHEDULE IICII
TO BY-LAW NUMBER 1 OF 2024 OF THE CITY OF SARNIA
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