Township of Selwyn Development Charges By-law 2023-058 (Wastewater Services and Growth-related Studies, Lakefield South Development Area), consolidated as amended by 2024-074, 2025-031 & 2026-026
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Consolidated
The Corporation of the Township of Selwyn
By-law Number 2023-058
As amended by By-laws 2024-074, 2025-031 & 2026-026
A By-law for the Imposition of Development Charges for Wastewater Services
and Growth-related Studies in the Lakefield South Development Area
Amended by By-law 2024-074
Whereas section 2 (1) of the Development Charges Act, 1997, S.O. 1997, c. 27, as
amended (the "Act") provides that the council of a municipality may pass By-laws for
the imposition of Development Charges against land to pay for increased Capital
Costs required because of the need for Services arising from Development in the
area to which the By-law applies; and
Whereas the Township of Selwyn will experience growth through development and
re-development; and
Whereas development and re-development requires the provision of physical and
social services by the Township of Selwyn; and
Whereas Council desires to ensure that the capital cost of meeting growth-related
demands for or burden on municipal services does not place an excessive financial
burden on the Township of Selwyn or its existing taxpayers while at the same time
ensuring new taxpayers contribute no more than the net capital cost attributable to
providing the current level of municipal services; and
Whereas a development charge background study has been completed in
accordance with the Act; and
Whereas the Council of The Corporation of the Township of Selwyn has given notice
of and held a public meeting on the 27th day of June, 2023 in accordance with the Act
and the regulations thereto; and
Now Therefore the Council of the Corporation of the Township of Selwyn
Enacts as Follows:
1.
Interpretation
1.1
In this By-law the following items shall have the corresponding meanings:
"Act" means the Development Charges Act, 1997, S.O. 1997, c. 27, as
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amended, or any successor thereof;
"Accessory" means a building that is normally incidental, subordinate and
exclusively devoted to a main building that is located on the same lot
therewith and includes a private garage that is not attached to the main
building in any way and does not include a fence or a sign;
"Ancillary" will have the same definition as "Accessory";
"Affordable housing unit" means any residential dwelling unit for which the
purchase price is at least 25% less than the average purchase price for the
same type of residential dwelling unit in the County of Peterborough and any
residential dwelling unit where the monthly rent is at or below the maximum
affordable monthly rent amount established by the Residential Rental
Standards Board for the Province of Ontario;
"Affordable residential unit" means a residential unit that that meets the criteria
set out in section 4.1 of the Act.
"Agricultural Use," means a use of land, building or structure for the purpose of
animal husbandry, bee-keeping, dairying, fallow, field crops, forestry, fruit
farming, horticulture, market gardening, pasturage, poultry-keeping or any
other farming use, and includes the growing, raising, packing, treating, storing
and sale of produce produced on the premises and other similar uses
customarily carried on in the field of general agriculture and which are not
noxious. For the purposes of this by-law, an agricultural use shall exclude
retail sales and commercial activities, including but not limited to restaurants,
banquet facilities, hospitality and accommodation facilities, gift shops, services
related to grooming, boarding, or breeding of household pets, alcohol
processing or production facilities, and cannabis production facilities;
"Apartment Dwelling" means any residential unit within a building containing
more than four dwelling units where the units are connected by an interior
corridor;
"Attainable residential unit" means a residential unit that that meets the criteria
set out in section 4.1 of the Act.
"Bedroom" means a habitable room which can be used as sleeping quarters,
but does not include a bathroom, living room, dining room or kitchen;
"Board of Education" means a board defined in subsection 1 (1) of the
Education Act, R.S.O. 1990, c. E.2, as amended;
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"Building Code Act" means the Building Code Act, 1992, S.O. 1992, c. 23 as
amended;
"Cannabis production facility" means a building, structure, or part thereof,
designed, used, or intended to be used for any one or more of the following:
cultivation, propagation, production, processing, harvesting, testing, alteration,
destruction, storage, packaging, shipment or distribution of cannabis for
medical or recreational purposes in accordance with the requirements of a
licence as issued by Health Canada in accordance with the Cannabis
Regulations SOR/2018-144, to the Cannabis Act, SC 2018, c 16, the
Controlled Drugs and Substances Act, SC 1996, c 19 and the Food and Drugs
Act, RSC 1985, c F-27, as amended from time to time, or any successors
thereto.
"Capital cost" means capital costs as defined in subsection 5 (3) of the Act.
Amended by By-law 2024-074
"Capital cost" means costs incurred or proposed to be incurred by the
Township or a Local Board thereof directly or by others on behalf of and as
authorized by the Township or Local Board:
(a)
to acquire land or an interest in land, including a leasehold interest,
(b)
to improve land,
(c)
to acquire, lease, construct or improve Buildings and structures,
(d)
to acquire, lease, construct or improve facilities including (but not limited
to),
(i)
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 as defined in the Public Libraries Act,
R.S.O. 1990 c. P.44, as amended; and
(e)
interest on money borrowed to pay for costs in (a) to (d).
Amended by By-law 2024-074
"Commercial" means any use of land, structures or buildings for the purposes
of buying or selling commodities and services, but does not include industrial
or agricultural uses, but does include hotels, motels, motor inns and boarding,
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lodging and rooming houses;
"Council" means the Council of the Corporation of the Township of Selwyn;
"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 thereof, and includes Redevelopment;
"Development Charge" means a charge imposed pursuant to this by-law;
"Dwelling unit" means any part of a building or structure used, designed or
intended to be used as a domestic establishment in which one or more
persons may sleep and are provided with culinary and sanitary facilities for
their exclusive use;
"Existing" means the number, use and size that existed as of the date this
bylaw was passed;
"Farm building" means that part of a bona fide farming operation
encompassing barns, silos and other ancillary development to an agricultural
use, but excluding a residential use;
"Gross floor area" means:
(a)
in the case of a residential building or structure, the total 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
any other dwelling unit or other portion of a building; and
(b)
in the case of a non-residential building or structure, or in the case of a
mixed-use building or structure in respect of the non-residential portion
thereof, the total area of all building floors above or below grade
measured between the outside surfaces of the exterior walls, or
between the outside surfaces of exterior walls and the centre line of
party walls dividing a non-residential use and a residential use, except
for:
(c)
a room or enclosed area within the building or structure above or below
that is used exclusively for the accommodation of heating, cooling,
ventilating, electrical, mechanical or telecommunications equipment that
service the building;
(i)
loading facilities above or below grade; and
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(ii)
a part of the building or structure below grade that is used for the
parking of motor vehicles or for storage or other accessory use;
"Inclusionary zoning residential units" means residential units that are
affordable housing units required to be included in a development or
redevelopment pursuant to a by-law passed under section 34 of the Planning
Act to give effect to the policies described in subsection 16 (4) of that Act.
"Industrial" means lands, buildings or structures used or designed or intended
for 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 cannabis production facilities or the sale of
commodities to the general public through a warehouse club;
"Institutional" 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 institution of the following post-secondary institutions for the
objects of the institution:
(i)
a university in Ontario that receives direct, regular, and ongoing
operation 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 Institute Act, 2017;
(d)
as a memorial 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;
"Local Board" means a school board, public utility, commission, transportation
commission, public library board, board of park management, local board of
health, board of commissioners of police, planning board, or any other board,
commission, committee, body or local authority established or exercising any
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power or authority under any general or special Act with respect to any of the
affairs or purposes, including school purposes, of the municipality or any part
or parts thereof
"Local services" means those services, facilities or things which are under the
jurisdiction of the Township and are related to a plan of subdivision or within
the area to which the plan relates with respect to the lands under sections 41,
51 or 53 of the Planning Act, R.S.O. 1990, Chap. P.13, as amended, or any
successor thereof;
"Mixed-Use" means a building that is used and/or designated to be used for
both residential and non-residential purposes;
"Multiple dwelling" includes all dwellings other than a Single Detached
Dwelling, a Semi-detached Dwelling, or Apartment Dwelling;
"Municipality" means The Corporation of the Township of Selwyn;
"Non-profit housing" 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 applies,
that is in good standing under that Act and whose primary objective is to
provide housing;
(b)
a corporation without share capital to which the Canada Not-for-profit
Corporations Act applies, that is in good standing under that Act and
whose primary objective is to provide housing; or
(c)
a non-profit housing co-operative that is in good standing under the Co-
operative Corporations Act;
"Non-residential" means a building or structure of any kind whatsoever used,
designed or intended to be used for other than a residential use;
"Official Plan" means the Official Plan of the Township and any amendments
thereto;
"Owner" means the owner of land or a person who has made application for an
approval of the development of land upon which a development charge is
imposed;
"Park model trailer" means any structure that is designed to be mobile and
meets the following criteria:
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(a)
built on a single chassis mounted on wheels;
(b)
designed to facilitate relocation from time to time;
(c)
designed to provide a permanent or seasonal residence for one or more
persons;
(d)
designed as living quarters and may be connected to those utilities
necessary for installed fixtures and appliances; and
(e)
has a gross floor area, including lofts, not exceeding 50 m2 (538.21 ft2)
when in the set up mode and having a width greater than 2.6 m (8.53 ft)
when in the transit mode.
Amended by By-laws 2025-031 and 2026-026
"Place of worship" means that part of a building or structure that is exempt
from taxation as a place of worship under the Assessment Act, R.S.O. 1990,
Chap. A.31, as amended, or any successor thereof;
"Planning Act" means the Planning Act, R.S.O. 1990, c. P.13, as amended;
"Regulation" means any regulation made pursuant to the Act;
"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;
"Residential Dwelling means a building, occupied or capable of being occupied
as a home, residence or sleeping place by one or more persons, containing
one or more Dwelling Units but not including motels, hotels, tents, truck
campers, tourist trailers, mobile camper trailers or boarding, lodging or
rooming houses;
"Residential use" means the use of a building or structure or portion thereof for
one or more Dwelling Units. This also includes a Dwelling Unit on land that is
used for an Agricultural Use;
"Row dwelling" means a building containing three or more attached dwelling
units in a single row, each of which dwelling units has an independent
entrance from the outside and is vertically separated from any abutting
dwelling unit;
"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 not other parts, attached or another dwelling unit where the residential unit
are not connected by an interior corridor;
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"Service" (or "Services") means a service designated in subsection 2.1 to this
By- law;
"Servicing agreement" means an agreement between a landowner and the
municipality relative to the provision of municipal services to specified land
within the municipality;
"Single Detached Dwelling" means a completely detached Building containing
only one Dwelling Unit;
"Township" means the area within the geographic limits of the Township of
Selwyn; and
"Zoning By-Law" means the Zoning By-Law of the Township of Selwyn or any
successor thereof passed pursuant to Section 34 of the Planning Act, S.O.
1998.
2.
Designation of Services
2.1
The categories of services for which development charges are imposed under
this By-law are as follows:
(a)
Wastewater Services
(b)
Growth-related Studies
Amended by By-law 2024-074
2.2
The components of the services designated in section 2.1 are described in
Schedule A.
3.
Application of By-law Rules
3.1
Development charges shall be payable in the amounts set out in this By-law
where:
(a)
the lands are located in the area described in section 3.2; and
(b)
the development of the lands requires any of the approvals set out in
subsection 3.4(a).
Area to Which By-law Applies
3.2
Subject to section 3.3, this By-law applies to all lands in the Township of
Selwyn whether or not the land or use thereof is exempt from taxation under
s.13 or the Assessment Act.
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3.2.1 Notwithstanding subsection 3.2, for the lands designated as "Lakefield South
Development Area" in Schedule "C" of this by-law, development charges shall
be imposed, calculated, and collected in accordance with the base rates set
out in Schedule "B", which relate to the Area-specific Services set out in
Schedule "A".
3.3
Notwithstanding clause 3.2 above, this by-law shall not apply to lands that are
owned by and used for the purposes of:
(a)
the municipality or a local board thereof; or
(b)
a board of education.
Approvals for Development
3.4
(a)
Development charges shall be imposed on all lands, buildings or
structures that are developed for residential or non-residential uses if
the development requires:
(i)
the passing of a zoning by-law or of an amendment to a zoning
by-law under section 34 of the Planning Act;
(ii)
the approval of a minor variance under section 45 of the Planning
Act;
(iii)
a conveyance of land to which a by-law passed under subsection
50(7) of the Planning Act applies;
(iv)
the approval of a plan of subdivision under section 51 of the
Planning Act;
(v)
a consent under section 53 of the Planning Act;
(vi)
the approval of a description under section 50 of the
Condominium Act, R.S.O. 1990, Chap. C.26, as amended, or
any successor thereof; or
(vii)
the issuing of a permit under the Building Code Act in relation to
a building or structure.
(b)
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
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described in subsection 3.4(a) are required before the lands, buildings
or structures can be developed.
(c)
Despite subsection 3.4(b), if two or more of the actions described in
subsection 3.4(a) occur at different times, additional development
charges shall be imposed if the subsequent action has the effect of
increasing the need for services.
Exemptions
Exemptions for Residential Units
3.5
Notwithstanding the provisions of this By-law, development charges shall not
be imposed with respect to:
(a)
an enlargement to an existing dwelling unit;
(b)
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;
(c)
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;
(d)
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; or
(e)
in an existing rental residential building, which contains four or more
residential units, the creation of the greater of one residential unit or one
per cent of the existing residential units.
3.6
Notwithstanding the provisions of this By-law, development charges shall not
be imposed with respect to the creation of additional dwelling units in proposed
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new residential buildings, including structures ancillary to dwellings, subject to
the following restrictions:
(a)
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;
(b)
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; or
(c)
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.
Exemption for Industrial Development
3.7
Notwithstanding any other provision of this by-law, no development charge is
payable with respect to an enlargement of the gross floor area of an existing
industrial building where the gross floor area is enlarged by 50 percent or less.
3.8
If the gross floor area of an existing industrial building is enlarged by greater
than 50 percent, the amount of the development charge payable in respect of
the enlargement is the amount of the development charge that would
otherwise be payable multiplied by the fraction 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 subsection (a) by the amount of
the enlargement.
3.9
For the purpose of section 3.7 herein, "existing industrial building" is used as
defined in the Regulation made pursuant to the Act.
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3.10
The exemption for an existing industrial building provided by this section shall
be applied to a maximum of fifty percent (50%) of the gross floor area before
the first enlargement for which an exemption from the payment of development
charges was granted pursuant to this by-law or predecessor.
Other Exemptions
3.11
Notwithstanding any provision of this by-law, development charges shall not be
imposed with respect to:
(a)
Non-profit housing;
(b)
Inclusionary zoning residential units;
(c)
Hospitals under the Public Hospitals Act;
(d)
Non-residential farm buildings; and
(e)
Industrial Buildings.
Amount of Charges
Residential
3.12
The development charges set out in Schedule B 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.
3.12.1 Park model trailers shall be charged at the "Apartment - Bachelor and 1
Bedroom" rate as set out in Schedule "A" of this by-law.
Amended by By-laws 2025-031 and 2026-026
Non-Residential
3.13
The development charges described in Schedule B to this 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 total floor area of the non-residential use.
Reduction of Development Charges
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For Redevelopment
3.14
Despite any other provisions of this By-law, where, as a result of the
redevelopment of land, a building or structure existing on the same land within
5 years prior to the date of payment of development charges in regard to such
redevelopment was, or is to be demolished, in whole or in part, or converted
from one principal use to another principal use on the same land, in order to
facilitate the redevelopment, the development charges otherwise payable with
respect to such redevelopment shall be reduced by the following amounts:
(a)
in the case of a residential building or structure, or in the case of a
mixed-use building or structure, the residential uses in the mixed-use
building or structure, an amount calculated by multiplying the applicable
development charge under subsection 3.12 by the number, according to
type, of dwelling units that have been or will be demolished or converted
to another principal use;
(b)
in the case of a non-residential building or structure or, in the case of
mixed-use building or structure, the non-residential uses in the mixed-
use building or structure, an amount calculated by multiplying the
applicable development charges under subsection 3.13, by the gross
floor area that has been or will be demolished or converted to another
principal use; and
(c)
in the case of redevelopment of land that contained one or more park
model trailers, the amount of the credit will be calculated by multiplying
the applicable "Apartment - Bachelor and 1 Bedroom" rate by the
number of park model trailers that have been or will be demolished or
removed from the site, provided that:
(i)
the owner provides such documentary evidence as is
satisfactory to the Chief Building Official that the park model
trailers existed on the same land within 5 years prior to the
date of payment of development charges and that the park
model trailers were approved through an issued building
permit;
provided that such amounts shall not exceed, in total, the amount of the
development charges otherwise payable with respect to the redevelopment.
Amended by By-laws 2025-031 and 2026-026
Page 14 of 21
Despite any other provisions of this By-law, where, as a result of the
redevelopment of land, a building or structure existing on the same land within
5 years prior to the date of payment of development charges in regard to such
redevelopment was, or is to be demolished, in whole or in part, or converted
from one principal use to another principal use on the same land, in order to
facilitate the redevelopment, the development charges otherwise payable with
respect to such redevelopment shall be reduced by the following amounts:
(a)
in the case of a residential building or structure, or in the case of a
mixed-use building or structure, the residential uses in the mixed-use
building or structure, an amount calculated by multiplying the applicable
development charge under subsection 3.12 by the number, according to
type, of dwelling units that have been or will be demolished or converted
to another principal use; and
(b)
in the case of a non-residential building or structure or, in the case of
mixed-use building or structure, the non-residential uses in the mixed-
use building or structure, an amount calculated by multiplying the
applicable development charges under subsection 3.13, by the gross
floor area that has been or will be demolished or converted to another
principal use;
provided that such amounts shall not exceed, in total, the amount of the
development charges otherwise payable with respect to the redevelopment.
Amended by By-laws 2025-031 and 2026-026
For Affordable Housing
3.15
(1)
In determining the average purchase price for a residential dwelling unit
in the County of Peterborough as it relates to an affordable housing unit,
the average purchase price for the same type of residential dwelling unit
will be calculated for the calendar year next preceding the calendar year
in which the completed application for the building permit for the
dwelling unit in question is received and shall be determined annually
on the basis of information compiled by the Peterborough Real Estate
Board or its successor.
(2)
In determining the maximum affordable monthly rent for a residential
dwelling unit in the County of Peterborough as it relates to an affordable
housing unit, the maximum affordable monthly rent for the same type of
residential dwelling unit will be calculated for the calendar year next
preceding the calendar year in which the completed application for the
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building permit for the dwelling unit in question is received and shall be
determined annually on the basis of information compiled by the
Residential Rental Standards Board for the Province of Ontario.
(3)
The development charge payable for a residential dwelling unit that
qualifies as an Affordable Housing Unit in accordance with the definition
shall be zero.
(4)
Despite the provisions of subparagraph 3 above, the development
charge required by this By-law for a residential dwelling unit shall be
paid prior to the issuance of the building permit in accordance with the
provisions of this By-law.
(5)
The person to whom the building permit was issued may, upon
completion of the initial sale or rental of a residential dwelling unit, apply
to the Chief Building Official for a reduction of the Development Charge
and shall provide such documentary evidence as is satisfactory to the
Chief Building Official that the building qualifies as an Affordable
Housing Unit as defined.
(6)
Satisfactory documentary evidence that the building qualifies as an
Affordable Housing Unit shall include, but not be limited to:
(a)
a copy of a Land Transfer Tax Affidavit duly executed in
accordance with Section 5 (1.2) of the Land Transfer Tax Act;
(b)
a statement forming part of the electronic document as required
by Section 5(1.1) of the Land Transfer Tax Act; or
(c)
a lease contract with the first tenant to occupy the residential
dwelling unit.
(7)
Upon receiving an application for reduction of the Development Charge
in accordance with subparagraph 5 above, and upon being satisfied that
the building qualifies as an Affordable Housing Unit as defined, the
Chief Building Official shall refund to the person to whom the building
permit was originally issued a sum equal to the Development Charge
originally paid upon the issuance of the building permit as provided for
in this By-law.
(8)
Once the Lieutenant Governor proclaims in force Section 3 of Schedule
3 of the More Homes Built Faster Act, 2022, subparagraphs 1 to 7
above will no longer apply and affordable residential units and
Page 16 of 21
attainable residential units will be exempt from development charges in
accordance with Section 4.1 of the Act.
Time of Payment of Development Charges
3.16
A Development Charge shall be calculated and payable in full in money or by
provision of Services as may be agreed upon, or by credit granted pursuant to
the Act or this By-law, on the date a building permit is issued in relation to a
Building or structure on land to which a Development Charge applies.
3.17
Where a Development Charge applies to land in relation to which a building
permit is required, the building permit shall not be issued until the
Development Charge has been paid in full.
3.18
Notwithstanding subsections 3.16 and 3.17, Development Charges for rental
housing and institutional developments are due and payable in six (6)
installments commencing with the first installment payable on the date of
occupancy, and each subsequent installment, including interest as provided in
the Township's Council approved Development Charges Interest Rate Policy,
payable on the anniversary date each year thereafter.
3.19
Where the development of land results from the approval of a Site Plan or
Zoning By-law Amendment made on or after January 1, 2020, and the
approval of the application occurred within the prescribed amount of time from
the building permit issuance, the development charges under sections 3.16
and 3.18 shall be calculated based on the rates set out in Schedule "A" on the
date the planning application was made, including interest as provided in the
Township's Council approved Development Charge Interest Rate Policy.
Where both planning applications apply, Development Charges under sections
3.16 and 3.18 shall be calculated based on the rates, including interest as
provided in the Township's Council approved Development Charge Interest
Rate Policy, set out in Schedule "A" on the date of the later planning
application.
Amended by By-laws 2025-031 and 2026-026
Notwithstanding subsections 3.16 and 3.17, where the development of land
results from the approval of a Site Plan or Zoning By-law Amendment on or
after January 1, 2020, and the building permit was issued within 2 years of the
approval, the Development Charges shall be calculated based on the charges
in effect on the date the Site Plan or Zoning By-law Amendment application
was made, including interest as provided in the Township's Council approved
Development Charges Interest Rate Policy.
Amended by By-laws 2025-031 and 2026-026
Page 17 of 21
3.20
Despite subsections 3.16 to 3.19, Council from time to time, and at anytime,
may enter into agreements providing for all or any part of a development
charge to be paid before or after it would otherwise be payable, in accordance with
section 27 of the Act.
4.
Payment by Services
4.1
Despite the payment required under subsections 3.12 and 3.13, Council may,
by agreement, give a credit towards a development charge in exchange for
work that relates to a service to which a development charge relates under this
By-law.
5.
Indexing
5.1
Development charges imposed pursuant to this By-law shall be adjusted
annually on January 1, without amendment to this By-law, in accordance with
the most recent twelve-month change in the prescribed index in the Act.
6.
Schedules
6.1
The following schedules shall form part of this By-law:
Schedule A - Components of Services Designated in subsection 2.1
Schedule B - Residential and Non-Residential Development Charges
Schedule C - Map of Lakefield South Development Area
7.
Conflicts
7.1
Where the Township and an owner or former owner have entered into an
agreement with respect to land within the area to which this By-law applies,
and a conflict exists between the provisions of this By-law and such
agreement, the provisions of the agreement shall prevail to the extent that
there is a conflict.
7.2
Notwithstanding subsection 7.1, where a development which is the subject of
an agreement to which subsection 7.1 applies, is subsequently the subject of
one or more of the actions described in subsection 3.4(a), an additional
development charge in respect of the development permitted by the action
shall be calculated, payable and collected in accordance with the provisions of
this By-law if the development has the effect of increasing the need for
Page 18 of 21
services, unless such agreement provides otherwise.
8.
Severability
8.1
If, for any reason, any provision of this By-law is held to be 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, amended or
modified.
9.
Date By-law in Force
9.1
This By-law shall come into effect at 12:01 AM on September 12, 2023.
10.
Date By-law Expires
10.1
This By-law will expire as per Section 9 of the Act unless it is repealed by
Council at an earlier date.
Passed this 8th day of August, 2023
Sherry Senis, Mayor
Angela Chittick, Clerk
Corporate Seal
Page 19 of 21
Schedule "A" to By-law 2023-058
Services Designated in Subsection 2.1
Area-specific Services - Lakefield South Development Area
1. Wastewater Services
a. Sanitary Collection
b. Sanitary Treatment
Page 20 of 21
Schedule "B" to By-law No. 2024-074
Schedule of Development Charges
Service/Class
of Service
Residential
Single and
Semi-
Detached
Dwelling
Residential
Other
Multiples
Residential
Apartments -
2 Bedrooms +
Residential
Apartments
- Bachelor
and 1
Bedroom
Non-
Residential
(Per Sq.Ft.
of Gross
Floor Area)
Sanitary
Collection
$ 4,468
$ 3,341
$ 3,491
$ 2,007
$ 2.30
Sanitary
Treatment
$ 441
$ 330
$ 345
$ 198
$ 0.23
Growth-related
Studies
$ 86
$ 64
$ 67
$ 39
$ 0.05
Amended by By-law 2024-074
Schedule "B" to By-law 2023-058
Schedule of Development Charges
Amended by By-law 2024-074
Service
Residential
Single and
Semi-
Detached
Dwelling
Residential
Other Multiples
Residential
Apartments -
2 Bedrooms +
Residential
Apartments -
Bachelor and
1 Bedroom
Non-Residential
(per sq.ft. of
Gross Floor Area)
Sanitary
Collection
$ 4,468
$ 3,341
$ 3,491
$ 2,007
$ 2.30
Sanitary
Treatment
$ 441
$ 330
$ 345
$ 198
$ 0.23
Page 21 of 21
Schedule "C" to By-law 2023-058 Map of Lakefield
South Development Area