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THE CORPORATION OF THE TOWN OF SHELBURNE
BY-LAW #45-2025
Being a By-law to establish Development Charges for the Town of Shelburne
WHEREAS subsection 2(1) of the Development Charges Act, 1997 c. 27 (hereinafter
called "the Act") provides that the council of a municipality may pass By-laws for the
imposition of development charges against land 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 Council of The Town of Shelburne held a public meeting in respect
of this by-law on September 22, 2025, notice of which was given in accordance with the
regulations under the Act;
AND WHEREAS the Council of the Town of Shelburne has heard all persons who
applied to be heard no matter whether in objection to, or in support of, the development
charge proposal at the public meeting held on September 22, 2025;
AND WHEREAS the Council of the Town of Shelburne had before it a report entitled
2025 Development Charges Background Study (herein referred to as the "Study")
dated September 8, 2025 prepared by Hemson Consulting Ltd. wherein it is indicated
that the development of any land within the Town of Shelburne will increase the need
for services as defined herein;
AND WHEREAS copies of the Development Charges Background Study were made
available on September 8, 2025 and copies of the proposed Development Charges by-
law were made available on September 8, 2025 to the public in accordance with Section
12 of the Act;
AND WHEREAS where changes were made to the proposed Development Charges
By-law following the September 22, 2025 public meeting, Council has considered those
changes and determined that a further public meeting is not necessary;
AND WHEREAS the Council of the Town of Shelburne on November 10, 2025 approved
the applicable Development Charges Background Study, dated September 8, 2025 in
which certain recommendations were made relating to the establishment of a
development charge policy for the Town of Shelburne pursuant to the Development
Charges Act, 1997;
AND WHEREAS Council of the Town of Shelburne on November 10, 2025, determined
that the future excess capacity identified in the Study, shall be paid for by the
development charges contemplated in the said Study, or other similar charges;
AND WHEREAS Council of the Town of Shelburne on November 10, 2025, determined
that the increase in the need for services attributable to the anticipated development as
contemplated in the Study, including any capital costs, will be met by updating the capital
budget and forecast for the Town of Shelburne, where appropriate;
AND WHEREAS the Council of the Town of Shelburne has given consideration of the
use of more than one Development Charge By-law to reflect different needs for services
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in different areas, also known as "area rating" or "area specific development charges",
and has determined that for the services, and associated infrastructure proposed to be
funded by development charges under this by-law, that it is fair and reasonable that the
charges be calculated on a municipal-wide and area-specific basis;
AND WHEREAS the Study dated September 8, 2025 includes an Asset Management
Plan that deals with all assets whose capital costs are intended to be funded under the
Development Charge By-law and that such assets are considered to be financially
sustainable over their full life-cycle.
THEREFORE, THE COUNCIL OF THE TOWN OF SHELBURNE ENACTS AS
FOLLOWS:
1.
DEFINITIONS
In this by-law,
(1)
"Act" means the Development Charges Act, S.O. 1997, c. 27;
(2) "Apartment Dwelling" means a unit in a building containing three or more
dwelling units that share a common external access to the outside through a
common vestibule and a common corridor system, and includes a Stacked
Townhouse;
(3) "Bedroom" means a room designed to provide sleeping accommodation as
determined by the Town's Chief Building Official;
(4)
"Board of Education" means a board defined in subsection 1(1) of the Education
Act;
(5)
"Building Code Act" means the Building Code Act, R.S.O. 1990, c.B.-13, as
amended;
(6)
"Council" means the Council of The Town of Shelburne;
(7) "Development" means any activity or proposed activity in respect of land that
requires one or more of the approvals referred to in Section 5 of this by-law and
including the redevelopment of land or the redevelopment, expansion, extension
or alteration of a use, building or structure except interior alterations to an
existing building or structure which do not change or intensify the use of land;
(8)
"Development Charge" means a charge imposed pursuant to this By-law;
(9) "Dwelling Unit" means a room or suite of rooms used, or designed or intended
for use by, one person or persons living together, in which culinary and sanitary
facilities are provided for the exclusive use of such person or persons;
(10) "Farm Building" means any building used, or designed or intended for use for
agricultural purposes but excluding any Residential Use;
(11) "Grade" means the average level of finished ground adjoining a building or
structure at all exterior walls;
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(12) "Gross floor area":
(a)
For industrial buildings, means the total floor area, measured between
the outside of exterior walls or between the outside of exterior walls and
the centre line of party walls dividing the building from another building,
of all floors above the average level of finished ground adjoining the
building at its exterior walls;
(b)
For other non-residential buildings including the non-residential portion of
a mixed-use building containing a residential use, the gross floor area
means the total floor area, measured between the outside of exterior walls
or between the outside of exterior walls and the centre line of party walls
dividing the building from another building, of all floors above or below the
average level of finished ground adjoining the building at its exterior walls,
excluding floor areas shared in common among multiple tenants or units
within the building limited to utility rooms, stairwells, common hallways
and storage areas that service the building generally but are not designed
or intended for the exclusive use of one unit or tenant;
(c)
In all cases, the gross floor area:
(i)
includes the area of a mezzanine as defined in the Ontario Building
Code;
(ii)
shall not include any area which is specifically designed for parking
and is not being used for the repair, servicing or sale of vehicles;
(iii)
includes those areas covered by roofs or roof-like structures, but
does not include a canopy or covered patios or decks associated
with a restaurant;
(13) "Local Board" means a local board as defined in section 1 of the Municipal Affairs
Act other than a board as defined in subsection 1 (1) of the Education Act.;
(14) "Local Services" means those services or facilities which are related to a plan of
subdivision or within the area to which the plan relates, required as a condition
of approval under Section 51 of the Planning Act, or as a condition of approval
under Section 53 of the Planning Act;
(15) "Multiple Dwelling" means all dwelling units other than single detached dwellings,
semi- detached dwellings, and apartment dwellings, including but not limited to
townhouse dwellings;
(16)
"Municipality" means The Corporation of The Town of Shelburne;
(17) "Non-residential uses" means a building or structure used for any use other than
a residential use;
(18) "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;
(19)
"Planning Act" means the Planning Act, R.S.O. 1990, c.P.-13, as amended;
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(20)
"Regulation" means any regulation made pursuant to the Act;
(21) "Residential Uses" means lands, buildings or structures or portions thereof used,
or designed or intended for use as a home or residence of one or more
individuals, and shall include a single detached dwelling, a semi-detached
dwelling, a multiple dwelling, an apartment dwelling, and the residential portion
of a mixed-use building or structure;
(22) "Semi-detached Dwelling" means a unit in a building divided vertically into two
dwelling units each of which has a separate entrance and access to grade;
(23)
"Services" means services set out in Schedule "A" to this By-law;
(24) "Single Detached Dwelling" means a completely detached building containing
only one dwelling unit.
(25) "Stacked Townhouse" means a building with four or more dwelling units divided
horizontally or vertically each with an entrance that is independent or through a
shared landing and/or external stairwell.
(26) "Townhouse Dwelling" means a unit in a building containing a minimum of three
(3) dwelling units which are attached above and below grade by either the entire
length of the garage or by the entire length of the main common wall and all of
which front on a public or private street.
2.
CALCULATION OF DEVELOPMENT CHARGES
(1) Subject to the provisions 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 services set out in Schedule "A".
(2) The development charge payable with respect to any development shall be
calculated as follows:
(a)
in the case of residential development or redevelopment or the residential
portion of a mixed use development or redevelopment, the development
charge payable shall be the sum of the product of the number of dwelling
units of each type multiplied by the corresponding total amount for such
dwelling unit type, as set out in Schedule "B".
(b)
in the case of non-residential development or redevelopment, or the non-
residential portion of a mixed use development or redevelopment, the
development charge payable shall be the sum of the product of the gross
floor area multiplied by the corresponding total amount for such gross
floor area as set out in Schedule "B".
(3) Council hereby determines that the development or redevelopment of land,
buildings or structures for residential and non-residential uses will require the
provision, enlargement or expansion of the services referenced in Schedule "A".
3.
APPLICABLE LANDS
(1)
Subject to Sections 4 and 5, this by-law applies to all lands in the municipality,
whether or not the land or use is exempt from taxation under Section 3 of the
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Assessment Act, R.S.O. 1990, c.A.-31.
(2)
This by-law shall not apply to any of the following categories of
development:
(a)
development undertaken by a Board of Education;
(b)
development undertaken by any municipality or local board thereof;
(c)
development undertaken by a hospital under the Public Hospitals Act;
(d)
development of a place of worship exempt from taxation under the
Assessment Act;
(e)
development of farm buildings;
(f)
Long-term care home development as defined in subsection 2 (1) of the
Fixing Long-Term Care Home Act, 2021;
(g)
Affordable housing as defined by subsection 4.1 (1) of the Act;
(h)
Attainable housing as defined by subsection 4.1 (1) of the Act; and
(i)
Non-profit housing as defined by subsection 4.2 (1) of the Act.
Other Statutory Exemptions and Discounts
4.
EXEMPTIONS FOR INTENSIFICATION OF HOUSING
(1) This by-law does not apply with respect to approvals related to the residential
development of land, buildings or structures that would have the effect only,
(a) of permitting the enlargement of an existing dwelling unit; or
(b) of creating additional dwelling units in existing rental residential buildings,
existing houses, or new residential buildings pursuant to subsections 2 (3.1), 2
(3.2) and 2 (3.3) of the Act.
5.
STATUTORY "INDUSTRIAL" EXPANSION EXEMPTION
(1)
Notwithstanding Section 2, if a development includes the enlargement of the
gross floor area of an existing industrial building, the amount of the development
charge that is payable is the following:
(a)
If the gross floor area is enlarged by 50 percent or less, the amount of the
development charge in respect of the enlargement is zero; or
(b)
If the gross floor area is enlarged by more than 50 percent, development
charges are payable on the amount by which the enlargement exceeds 50
percent of the gross floor area before the enlargement.
(2)
For the purpose of this section, the terms "gross floor area" and "existing
industrial building" shall have the same meaning as those terms have in O. Reg.
82/98 made under the Act.
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(3)
For greater certainty in applying the exemption under this section, the exemption
provided by this section shall be applied up to a maximum of fifty percent of the
total floor area before the first enlargement for which an exemption from the
payment of development charges was granted pursuant to this By-Law or any
previous development charges by-law of the Town made pursuant to the Act.
6. DEVELOPMENT CHARGES IMPOSED
(1) Subject to subsection (2), development charges shall be imposed on all
development that requires,
(a)
the passing of a zoning by-law or an amendment to a zoning by-law under
Section 34 of the Planning Act;
(b)
the approval of a minor variance under Section 45 of the Planning Act;
(c)
a conveyance of land to which a by-law passed under subsection 50(7)
of the Planning Act applies;
(d)
the approval of a plan of subdivision under Section 51 of the Planning Act;
(e)
a consent under Section 53 of the Planning Act;
(f)
the approval of a description under Section 9 of the Condominium Act,
1998; or
(g) the issuing of a permit under the Building Code Act, 1992, in relation to a
building or structure.
(2) Notwithstanding subsection (1), no development charge shall be payable in
respect of development which is described in subsection 2(3) of the Act.
7. LOCAL SERVICE INSTALLATION
(1) Nothing in this by-law shall prevent the Town from requiring, as a condition of an
agreement under Section 51 or 53 of the Planning Act, that an owner, at his or
her own expense, install or pay for such local services as the Town may require.
8. MULTIPLE CHARGES
(1) Where two or more of the approvals listed in subsection 5(1) are required before
land to which a development charge applies can be developed, only one
development charge shall be calculated and collected in accordance with the
provisions of this by-law.
(2) Notwithstanding subsection (1), if two or more of the actions described in
subsection 5(1) occur at different times, and if the subsequent action has the
effect of increasing the need for municipal services as set out in Schedule
"A", an additional development charge on the additional residential units and/or
additional gross floor area shall be calculated and collected in accordance with
the provisions of this by-law.
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9. SERVICES IN LIEU
(1)
The Town may authorize an owner, through an agreement under Sections 27
and/or 38 of the Act, to substitute such part of the development charge
applicable to the owner's development as may be specified in the agreement,
by the provision at the sole expense of the owner, of services in lieu. Such
agreement shall further specify that where the owner provides services in lieu
in accordance with the agreement, Council shall give to the owner a credit
against the development charge in accordance with the agreement provisions
and the provisions of the Act, equal to the reasonable cost to the owner of
providing the services in lieu. In no case shall the agreement provide for a
credit that exceeds the total development charge payable by an owner to the
municipality in respect of the development to which the agreement relates.
10.
RULES WITH RESPECT TO RE-DEVELOPMENT
(1)
In the case of the demolition or conversion of all or part of a residential or
non-residential building or structure:
(a) a credit shall be allowed, provided that the land was improved by occupied
structures within the five years prior to the issuance of the building permit,
and the building permit has been issued for the development or
redevelopment within five years from the date the demolition or change of
use permit has been issued;
(b) if a development or redevelopment involves the demolition and/or conversion
of and replacement of a building or structure, a credit shall be allowed
equivalent to the number of residential dwelling units and/or non-residential
gross floor area demolished or converted multiplied by the applicable
residential and non-residential development charge in place at the time the
development charge is payable; and
(c) 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.
11.
TIMING OF CALCULATION AND PAYMENT
(1)
Development charges shall be calculated and payable in accordance with
Section 26, Section 26.1 and Section 26.2 of the Act.
(2)
Where development charges apply to development for which a building permit is
required, no building permit shall be issued until the development charge has
been paid in full.
(3)
Notwithstanding subsection (1), development charges with respect to
development requiring approval of a Plan of Subdivision under Section 51 or the
Planning Act or a consent under Section 53 of the Planning Act and for which a
subdivision agreement or consent agreement is entered into shall be payable at
the time(s) prescribed by the agreement..
(4)
In accordance with Section 27 of the Act, the Town 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.
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12. INTEREST RATES
(1)
The municipality may charge interest on the installments required by Section
26.1(3) of the Act from the date the development charge would have been payable
in accordance with Section 26 of the Act to the date the installment is paid.
(2)
Where Section 26.2 (1) (a) or (b) of the Act applies, the municipality may charge
interest on the development charge from the date of the application referred to in
the applicable clause to the date the development charge is payable under Section
26.2 (3) of the Act.
(3)
The Town may determine, by Council resolution or policy external to this by-law,
interest rates in relation to subsections (1) and (2).
13.
RESERVE FUNDS
(1) Monies received from payment of development charges under this by-law shall
be maintained in separate reserve funds as follows:
a)
Library Services
b)
Parks and Recreation Services
c)
Protection Services
d)
Development-Related Studies
e)
Services Related to a Highway: Public Works
f)
Services Related to a Highway: Roads and Related
g)
Water Services - Water Supply & Distribution System
h)
Wastewater Services - Collection System
(2) Monies received for the payment of development charges shall be used only in
accordance with the provisions of the Act.
(3) Council directs the Municipal Treasurer to divide the reserve funds created
hereunder into separate subaccounts in accordance with the service sub-
categories set out in Schedule "A" to which the development charge payments
shall be credited in accordance with the amounts shown, plus interest earned
thereon.
(4) Where any development charge, or part thereof, remains unpaid after the due
date, the amount unpaid shall be added to the tax roll and shall be collected as
taxes.
(5) Where any unpaid development charges are collected as taxes under subsection
(4), the monies so collected shall be credited to the development charge reserve
funds referred to in subsection (1).
(6) The Treasurer of the Municipality shall, in each year commencing in 2026 for the
2025 year, furnish to Council a statement in respect of the reserve funds
established hereunder for the prior year, containing the information set out in
O.Reg. 82/98.
14. INDEXING OF DEVELOPMENT CHARGES
(1)
The development charges set out in Schedule "B" to this by-law shall be adjusted
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annually on July 1, commencing on July 1, 2026, without amendment to this by-
law, in accordance with the most recent twelve month change in the Statistics
Canada Non-residential Building Construction Price Index for Toronto.
15. SEVERABILITY
(1)
In the event any provision, or part thereof, of this by-law is found by a court of
competent jurisdiction to be ultra vires, such provision, or part thereof, shall be
deemed to be severed, and the remaining portion of such provision and all other
provisions of this bylaw shall remain in full force and effect.
16.
HEADINGS FOR REFERENCE ONLY
(1)
The headings inserted in this by-law are for convenience of reference only and
shall not affect the construction or interpretation of this by-law.
17.
BY-LAW REGISTRATION
(1)
A certified copy of this by-law may be registered on title to any land to which this
by-law applies.
18.
REPEAL
(1)
Upon the coming into force of this by-law, By-laws No. 19-2020 and 11-2021 are
hereby repealed.
19.
BY-LAW ADMINISTRATION
(1)
This by-law shall be administered by the Municipal Treasurer.
20.
SCHEDULES TO THE BY-LAW
(1)
The following Schedules to this by-law form an integral part of this by law:
Schedule "A" Schedule of Designated Services
Schedule "B" Schedule of Town-wide Development Charges
21.
DATE BY-LAW EFFECTIVE
(1)
This By-law shall come into force and effect on November 10, 2025.
22.
SHORT TITLE
(1)
This by-law may be cited as the "Town of Shelburne Town-Wide Development
Charges By-law".
Passed in Open Council this 10th day of November 2025.
.
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MAYOR
CLERK
By signing this by-law on November 10, 2025, Mayor Wade Mills will not exercise the
power to veto this by-law and this by-law is deemed passed as of this date.
TOWN OF SHELBURNE
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SCHEDULE "A"
BY-LAW NO. 45-2025
DESIGNATED MUNICIPAL SERVICES UNDER THIS BY-LAW
1.
Library Services
2.
Parks and Recreation Services
3.
Protection Services
4.
Development-Related Studies
5.
Services Related to a Highway: Public Works
6.
Services Related to a Highway: Roads and Related
7.
Water Services - Water Supply & Distribution System
8.
Wastewater Services - Collection System
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TOWN OF SHELBURNE
SCHEDULE "B"
BY-LAW NO. 45-2025
SCHEDULE OF DEVELOPMENT CHARGES UNDER THIS BY-LAW
Non-
Service
Single & Semi-
Other
Apartments 2 +
Apartments
Residential
Detached
Multiples
Bedrooms
1 or < 1 Bedroom
($/sq.m)
Library Services
$332
$250
$196
$128
$0.00
Parks And Recreation
$14,839
$11,200
$8,789
$5,732
$0.00
Protection Services
$1,115
$842
$661
$431
$4.27
Development-Related Studies
$463
$349
$274
$179
$1.77
Services Related To A Highway: Public Works
$779
$588
$461
$301
$2.97
Services Related To A Highway: Roads And Related
$2,795
$2,110
$1,656
$1,080
$10.76
TOTAL TOWN-WIDE CHARGE
$20,323
$15,339
$12,037
$7,851
$19.77
Water Supply And Distribution Services
$7,509
$5,668
$4,448
$2,901
$28.65
Wastewater Services - Collection Systems
$2,780
$2,099
$1,647
$1,074
$10.64
TOTAL WATER & WASTEWATER
$10,289
$7,767
$6,095
$3,975
$39.29
Town-Wide Charge
$20,323
$15,339
$12,037
$7,851
$19.77
Water and Wastewater Services
$10,289
$7,767
$6,095
$3,975
$39.29
TOTAL FULLY SERVICED CHARGE
$30,612
$23,106
$18,132
$11,826
$59.07
(1) Based on Persons Per Unit Of:
3.88
2.93
2.30
1.50
Charge By Unit Type (1)