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THE CORPORATION OF THE TOWN OF SMITHS FALLS
By-law No. 10324-2022
Development Charges By-law
Being a By-law to establish Development Charges for The Corporation of the Town of Smiths
Falls
WHEREAS subsection 2(1) of the Development Charges Act, 1997, S.O. 1997, c. 27, as
amended (hereinafter called the "Act') provides that the council of a municipality may by by-
law impose development charges against land to pay for increased capital costs required
because of increased needs for services arising from development of the area to which the
by-law applies;
AND WHEREAS a Development Charges Background Study for The Corporation of the Town
of Smiths Falls (the "Town") was prepared by Hemson Consulting Ltd. and dated November
26" 2021 (the "Study") as required by section 10 of the Act, and was presented to Council
along with a draft of this by-law as then proposed on December 30", 2021 and was completed
within a one-year period prior to the enactment of this by-law;
AND WHEREAS notice of a public meeting was given pursuant to subsection 12(1) of the Act
and in accordance with the regulations under the Act, on or before January 6" 2022;
AND WHEREAS copies of the Study and this proposed by-law were made available to the
public in accordance with subsections 10(4) and 12(1) of the Act:
AND WHEREAS a public meeting was held on January 26" 2022 in accordance with the Act
to hear comments and representations from all persons who applied to be heard (the "Public
Meeting');
AND WHEREAS at the Public Meeting, the Council of the Town had before it the Study,
wherein it is indicated that the development of any land within the Town of Smiths Falls will
increase the need for services as defined herein;
AND WHEREAS the Council of the Town 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, and the public was generally afforded the opportunity to make written submissions
relating to this proposed by-law and the Study;
AND WHEREAS the Council of the Town on March 21§', 2022 approved the Study, in which
certain recommendations were made relating to the establishment of a development charge
policy for the Town pursuant to the Act;
AND WHEREAS by the recommendations identified in the staff report approved by the Council
of the Town on March 2181, 2022, Council determined that the increase in the need for
services attributable to the anticipated development as contemplated in the Study, as
modified, including any capital costs, will be met by updating the capital budget and forecast
for the Town and provided that sufficient development charge revenues are generated, where
appropriate;
AND WHEREAS by resolution adopted by the Council of the Town on March 2151, 2022,
Council approved the Study and determined that no further public meetings were required
under subsection 12(3) of the Act;
AND WHEREAS by the recommendations identified in the staff report approved by the Council
of the Town on March 21§', 2022, Council determined that the future excess capacity identified
in the Study, as modified, shall be paid for by the development charges contemplated in the
Study, or other similar charges;
AND WHEREAS the Council of the Town has given consideration of the use of more than one
development charge by-law to reflect different needs for services 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 uniform
basis;
AND WHEREAS the Study includes a Cost of Growth Analysis that deals with all assets
whose capital costs are intended to be funded under this by-law, and that such assets are
considered to be financially sustainable over their full life-cycle;
AND WHEREAS the Council of the Town approved the asset management plan outlined in
the Study and gave consideration to incorporate the asset management plan identified in the
Study within the Town's ongoing practices and corporate asset management strategy;
NOW THEREFORE the Council of The Corporation of the Town of Smiths Falls hereby enacts
as follows:
Definitions
1. In this by-law,
(1) "Act" means the Development Charges Act, 1997, S.O. 1997, c. 27, as amended
or any successor thereto;
(2) "agricultural use" means lands, buildings or structures, excluding any portion
thereof used as a dwelling unit or for a commercial use, used or designed or
intended for use for the purpose of a bona fide farming operation including, but
not limited to, animal husbandry, dairying, livestock, fallow, field crops, removal
of sod, forestry, fruit farming, greenhouses, horticulture, market gardening,
pasturage, poultry keeping, and equestrian facilities;
(3) "apartment dwelling unit" means a dwelling unit in an apartment building;
(4) "apartment building" means a residential building, which is not any other
residential dwelling type defined in this by-law, consisting of more than four
(4) apartment dwelling units, which dwelling units generally have separate
entrances onto interior corridors and which corridors give access, directly or
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Development Charges By-law
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principal entrance. For the purposes of this by-law it also includes a stacked
townhouse dwelling;
(5) "back-to-back townhouse dwelling" means a building containing a minimum
of six (6) and a maximum of sixteen (16) dwelling units that are divided vertically
by common walls, including a common rear wall, where each dwelling unit has a
separate entrance to grade;
(6) "bedroom" means any room used or designed or intended principally for use as |
sleeping quarters with a window or access to natural light in accordance with the
requirements of the Building Code Act and includes a den, a study or other
similar area with or without a window or access to natural light but does not
include a living room, dining room, or kitchen;
(7) "board of education" means a "board" as defined in subsection 1(1) of the
Education Act, R.S.O. 1990, c. E.2, as amended or any successor thereto;
(8) "bona fide farm use" means the proposed development will qualify as a farm
business operating with a valid Farm Business Registration Number issued by
the Ontario Ministry of Agriculture, Food and Rural Affairs and be assessed in
the Farmland Realty Tax Class by the Municipal Property Assessment
Corporation, but "bona fide farm use" shall not include the growing of cannabis,
cannabis production facilities, or any other cannabis operations;
(9) "building" means a structure that occupies an area greater than 10 square
metres consisting of a wall, roof, and floor or any of them, or a structural system
servicing the function thereof, including any plumbing, works, fixtures and
service systems appurtenant thereto and includes, but is not limited to, an above
grade storage tank, mezzanine, air supported structures, and industrial tents, but
does not include a free-standing roof-like structure constructed on lands used
for a gas bar or a service station;
(10) "Building Code Act" means the Building Code Act, 1992, S.O. 1992, c. 23, as
amended or any successor thereto, and all regulations made under it including
the Ontario Building Code (O. Reg. 332/12), as amended or any successor
thereto;
(11) "Cannabis Production Facility" means a building, or part thereof, designed,
used, or intended to be used for one or more of the following: growing,
production, processing, harvesting, testing, alteration, destruction, storage,
packaging, shipment, or distribution of cannabis where a licence, permit or
authorization has been issued under applicable federal law and does include,
but is not limited to such buildings as a greenhouse and agricultural building
associated with the use. It does not include a building or part thereof solely
designed, used, or intended to be used for retail sales of cannabis;
(12) "capital cost' means costs incurred or proposed to be incurred by the
municipality or a local board thereof directly or by others on behalf of, and as
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| Development Charges By-law
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(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,
(i) rolling stock with an estimated useful life of seven (7) 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 or any successor thereto;
(e) to undertake studies in connection with any matter under the Act and any
of the matters referred to in clauses (a) to (d) inclusive, including the
development charge background study required for the provision of
services designated in this by-law within or outside the municipality;
(f) to pay interest on borrowing for those expenditures referred to in clauses
(a) to (e) inclusive that are growth related;
(13) "commercial" means a building or a portion thereof that is used, designed, or
intended to be used for: the sale or rental, or offer for sale or rental, of goods or
services to the general public for consumption or use; the practice of a
profession; the carrying on of a business or occupation; or administrative or
professional work as part of a business, and shall include, but not be limited to:
(a) ancillary facilities and uses of any kind that support or are related to the
sale, rental or service use;
(b) restaurant uses;
(c) office uses;
(d) --hotel/motel uses;
(e) rooming house uses;
(f) storage or warehousing areas which are used, designed or intended to
be used in connection with sales, service or rental areas;
(g) | warehouse clubs or similar uses;
(h) -- self-storage units;
(i) secure document storage;
(j) funeral homes;
(k) a branch of a bank or other financial institution, (including credit unions),
that offers banking services to consumers and businesses;
(I) the sale or rental of goods or services where membership is a
00536629.D0CX: precondition to a person being able to acquire the goods or services at
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that place; or
(m) all other uses not included under "industrial", "institutional, and
"residential" uses under this by-law.
(14) "complete building permit application" means a building permit application as
defined in the Building Code Act and that is considered complete by the Town's
Chief Building Official, including payment of all applicable building permit fees;
(15) "Council' means the Council of The Corporation of the Town of Smiths Falls;
(16) "development" means any activity or proposed activity in respect of land that 3
requires one or more of the actions referred to in section 13 of this by-law and
includes the redevelopment of land or the redevelopment, expansion, extension
or alteration of a use, except interior alterations to an existing building which do
not change or intensify the use of land;
(17) "development charge" (or "development charges") means a charge (or
charges) imposed by the Town pursuant to this by-law;
(18) "duplex dwelling" means a building that is divided horizontally, into two
separate dwelling units each of which has an independent entrance either
directly from the outside or through a common vestibule;
(19) "dwelling unit' means a habitable dwelling comprised of a room or suite of
rooms used or designed or intended for use by one (1) or more persons living
together in which culinary and sanitary facilities are provided for the exclusive
use of such person or persons;
(20) "existing industrial' means an industrial building or buildings existing on a site
in the Town of Smiths Falls on the date of by-law passage or the first building or
buildings constructed and occupied on a vacant site pursuant to site plan
approval under section 41 of the Planning Act subsequent to the date of by-law
passage which full development charges were paid;
(21) "four-plex dwelling" means a building that is divided both horizontally and
vertically into four (4) dwelling units each of which has an independent entrance
either directly from the outside or through a common vestibule;
(22) "grade" means the average level of finished ground adjoining a building at all
exterior walls;
(23) "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 the average
level of finished ground adjoining the building at its exterior walls; and, for the
purposes of this definition, in a mixed-use building the gross floor area of any
area common to the residential and non-residential parts of such mixed-use
building shall be allocated one-half to the residential part of the building and one-
half to the non-residential part of the building;
(24) "hospice" means an institutional building or a portion thereof not located within
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a special care/special needs dwelling or a retirement home that is used or
designed or intended for use as a residence by persons who are receiving on-
site palliative care, on-site end-of-life care, or who are receiving on-site care due
to a terminal illness;
(25) "hospital" means land, buildings, or structures used, or designed or intended for
use as a hospital, as defined in section 1 of the Public Hospitals Act, R.S.O 1990,
c. P.40, as amended or any successor thereto;
(26) "hotel/motel" means a commercial establishment offering lodging to the
traveling public and that may provide other services such as restaurants,
meeting rooms and retail stores and services that are available to the general
public;
(27) "industrial" means a building or a portion thereof that is used or designed or
intended to be used for:
(a) manufacturing, producing, processing, warehousing, storage or
distributing, and including a greenhouse that is not open to the public for
retail sales;
(b) agricultural uses;
(c) research or development in connection with manufacturing, producing or
processing;
(d) retail sales by a manufacturer, producer or processor of something they
manufactured, produced or processed, if the retail sales are at the site
where the manufacturing, production, or processing takes place; or
(e) office or administrative purposes, if carried out with respect to
manufacturing, producing, processing, warehousing, storage or
distribution and in the building used for the manufacturing, producing,
storage or distribution or attached to the building,
but "industrial" shall not include any use that is considered to be a "commercial",
"residential", or "institutional" use as defined in this by-law;
(28) "institutional" means a building or a portion thereof that is used or designed or
intended to be used by an organized body, society, or religious group for
promoting a public or non-profit purpose and shall include, without limiting the
generality of the foregoing, a private career college, private post-secondary
school, a place of worship, and a hospital, but "institutional" shall not include
any use that is considered to be a "commercial", "industrial", or "residential" use
as defined in this by-law;
(29) "local board" has the same meaning as defined in section 1 of the Act;
(30) "mezzanine" means the floor area located between the floor and the ceiling of
any room or storey, with or without partitions or other visual obstructions,
including an interior balcony but excluding any stairway, and which shall form
part of the gross floor area of a building;
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(31) "mixed use" means any land or building or portion thereof that is used or
designed or intended to be used for both residential and non-residential uses;
(32) "mobile home dwelling" means any dwelling that is designed to be mobile, and
constructed or manufactured to provide a permanent or temporary dwelling unit
for one or more persons, but does not include a recreational vehicle, travel trailer
tent trailer or trailer otherwise designed;
(33) "multiple dwelling" means any dwelling that is not a single detached, semi
detached or apartment building;
(34) "non-residential" means any land or building, or a portion thereof, that is used
or designed or intended to be used for a use other than a residential use
including, without limiting the generality of the foregoing, a "commercial",
"industrial" or "institutional" use;
(35) "parking structure/garage" means a building provided exclusively for the
purpose of vehicle parking;
(36) "place of worship" means that part of a building used or designed or intended
to be used for worship and that is exempt from taxation as a place of worship
under the Assessment Act, R.S.O. 1990, c. A.31, as amended or any successor
thereto;
(37) "Planning Act" means the Planning Act, R.S.O. 1990, c. P.13, as amended or
any successor thereto;
(38) "redevelopment" means the construction, erection or placing of one or more
buildings on land where all or part of a building has previously been demolished
on such land, or changing the use of a building from a residential use to a non-
residential use or from a non-residential use to a residential use, or changing a
building from one form of residential use to another form of residential use or
from one form of non-residential use to another form of non-residential use;
(39) "Regulation" means O. Reg. 82/98, as amended or any successor thereto,
made under the Act;
(40) "residential" means a building or a portion thereof that is used or designed or
intended to be used as a residence of one (1) or more individuals, and shall
include, but is not limited to, a single detached dwelling, a semi-detached
dwelling, a duplex dwelling, a semi-detached duplex, a tri-plex dwelling, a four-
plex dwelling, a row townhouse, a back-to-back townhouse, a stacked
townhouse, an apartment dwelling, a mobile home dwelling, and a residential
dwelling unit accessory to a non-residential use;
(41) "row townhouse dwelling" means a building containing at least three (3)
dwelling units, with each dwelling unit separated vertically from the other(s) by a
party wall and with each dwelling unit having an independent entrance directly
from the outside;
(42) "semi-detached dwelling" means a building divided by a common wall or a
connecting wall to contain two (2) dwelling units, each of which has an
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independent entrance directly from the outside;
(43) "single detached dwelling" means a building containing one (1) dwelling unit
which is freestanding, separate and detached from other main buildings, but
does not include a mobile home dwelling;
(44) "stacked townhouse dwelling" means a building containing more than four (4)
dwelling units, each of which has a vertical and a horizontal wall in common and
each of which has an independent entrance directly from the outside;
(45) "Town" means The Corporation of the Town of Smiths Falls; |
(46) "Treasurer" means the Treasurer of the Town appointed by Council pursuant to
section MAR of the Municipal Act, 2001, S.O. 2001, c. 25, as amended or any
successor thereto, and includes his or her designate/deputy; and
(47) "tri-plex dwelling" means a building that is divided horizontally, into three
dwelling units each of which has an independent entrance either directly from
the outside or through a common vestibule.
Designation of Service
2. It is hereby declared by Council that all development and redevelopment of land within
the Town will increase the need for services.
3. (1) | The categories of service for which development charges are imposed under
this by- law are as follows:
(a) Library Services
(b) Parks and Recreation
(c) Fire Protection Services
(d) Police Services
(e) Development Related Studies
(f) Services Related to a Highway:
¢ Public Works
*Roads & Related
(g) Water
(h) Wastewater
(2) Adevelopment charge shall include:
(a) | acharge in respect of Library Services;
(b) | acharge in respect of Parks and Recreation;
(c) | acharge in respect of Fire Protection Services;
(d) | acharge in respect of Police Services;
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(e) | acharge in respect of Development Related Studies;
(f) a charge in respect of Services Related to a Highway: Public Works;
(g) | acharge in respect to Services Related to a Highway: Roads and Related;
(h) | acharge in respect to Water Services; and
(i) a charge in respect to Wastewater.
Calculation of Development Charges
4. (1) | Subject to the provisions of this by-law, development charges against land in the
Town shall be imposed, calculated and collected in accordance with the base
rates set out in Schedules "B" and "C'" which relate to the services set out in
Schedule "A" to this by-law.
(2) The development charge with respect to the use of any land or building shall be
calculated as follows:
(a) in the case of residential development or redevelopment, or a residential
portion of a mixed-use development or redevelopment, the sum of the
product of the number of dwelling units of each type multiplied by the
corresponding total dollar amount for such dwelling unit type, as set out
in Schedule "B";
(b) in the case of non-residential development or redevelopment, or a non-
residential portion of a mixed-use development or redevelopment, the
development charge shall be the gross floor area of the type of non-
residential use multiplied by the corresponding total dollar amount per
square metre of gross floor area for the type of non-residential use, as set
out in Schedule "C';
(c) | where anon-residential development has both commercial and other non-
residential uses, development charges will be imposed against the
commercial portion and the other non-residential portion gross floor areas
of the building as though the uses were separate.
Mobile Home Dwelling Unit
5. (1) | The development charges paid in regard to a mobile home dwelling unit shall be
refunded in full to the then current owner thereof, upon request and without
interest, if the mobile home dwelling unit is demolished or removed within ten
(10) years of the issuance of the first building permit relating thereto.
(2) | The onus is on the applicant to produce evidence to the satisfaction of the Town,
acting reasonably, which establishes that the applicant is entitled to the refund
claimed under this section.
No Phase-In of Development Charges
6. The development charges imposed pursuant to this by-law shall not be phased-in.
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Applicable Lands
7. This by-law applies to all lands in the Town of Smiths Falls, whether or not the land or
use is exempt from taxation under section 3 of the Assessment Act, R.S.O. 1990, c.
A.31, aS amended or any successor thereto.
Intensification of Existing Housing
8. (1) Pursuant to subsections 2(3) and (3.1) of the Act, no development charge shall
be imposed with respect to the following:
(a) the enlargement of an existing dwelling unit;
(b) the creation of additional dwelling units as prescribed in the Regulation,
subject to any restrictions as set out in the Regulation, in prescribed
classes of existing residential buildings or prescribed structures ancillary
to existing residential buildings as set out in the Regulation; or
(c) the creation of a second dwelling unit in prescribed classes of proposed
new residential buildings as set out in the Regulation, including structures
ancillary to dwellings, subject to any restrictions as set out in the
Regulation.
(2) | Where the requirements of subsections 8(1)(b) or (c) of this by-law are not met,
development charges shall be calculated and collected in accordance with
Schedule "B" for any additional dwelling units.
Exemption for Municipal and School Board Pursuant to Section 3 of the Act
9. Land owned by and used for the purposes of the Town, the County of Lanark or
a board as defined in subsection 1(1) of the Education Act, R.S.O. 1990, c. E.2,
as amended or any successor thereto, is exempt from a development charge as
required by section 3 of the Act.
Exemption for Industrial Development Pursuant to Section 4 of the Act
10. (1) If a development includes the enlargement of the gross floor area of an existing
industrial building and if the gross floor area is enlarged by fifty percent (50%) or
less before the first enlargement for which an exemption from the payment of
development charges was granted pursuant to subsection 4(2) of the Act or this
section, the amount of the development charge in respect of the enlargement is
zero.
(2) If a development includes the enlargement of the gross floor area of an existing
industrial building and if the gross floor area is enlarged by more than fifty percent
(50%), development charges in accordance with Schedule "C" are payable on
the amount of the enlargement that exceeds fifty percent (50%) of the gross floor
area before the enlargement as required by subsection 4(3) of the Act.
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Exemptions
11. (1) Notwithstanding the provisions of this by-law, development charges shall not be
imposed under this by-law respecting:
(a) the development of a non-residential farm building used for a bona fide
farm use;
(b) an area of worship within a building or structure owned by and used for a
place of worship;
(c) land, buildings, or structures owned by and used for a hospital;
(d) land, buildings, or structures owned by and used for a hospice;
(e) land, buildings, or structures used for a temporary use permitted under a
Zoning By-law amendment enacted under section 39 of the Planning Act;
(f) the temporary erection of a building without foundation as defined in the
Building Code Act for a period not exceeding six (6) consecutive months
and not more than six (6) months in any one calendar year on a site for
which development charges or lot levies have previously been paid;
(g) the temporary erection of a building without foundation as defined in the
Building Code Act for the primary use as a temporary sales trailer on land
undergoing development, provided that such building is removed or
demolished from the site no later than six (6) months after sales are
completed, otherwise development charges shall be calculated and
deemed payable in accordance with this by-law; or
(h) | such owners, uses, or buildings that may be exempt from the payment of
development charges as a result of the application of a statute, regulation,
or order of the Province of Ontario or the Government of Canada.
(2) Notwithstanding the exemption of development charges pursuant to subsection
11(1)(e) of this by-law, the Town may require that an agreement be executed
regarding the payment of development charges that would otherwise be paid but
for that exemption, with such agreement and any amounts to be paid to be
provided immediately prior to building permit issuance or approval of the use.
Such amounts shall be refunded, without interest, upon proof of removal or
demolition of such building, or the cessation of the use, in accordance with the
terms of the agreement.
Development Charges Imposed
12. (1) Development charges shall be calculated and collected in accordance with the
provisions of this by-law and be imposed on land to be developed for residential
or non-residential use or both where the development requires:
(a) the passing of a zoning by-law or an amendment thereto under section
34 of the Planning Act;
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(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) aconsent under section 53 of the Planning Act;
(f) the approval of a description under section 9 of the Condominium Act,
1998, S.O. 1998, c. 19 as amended or any successor thereto; or
(g) the issuing of a permit under the Building Code Act, in relation to a
building or structure.
(2) | Subsection 12(1) of this by-law shall not apply in respect to:
(a) local services installed or paid for by the owner within a plan of subdivision
or within the area to which the plan relates, as a condition of approval
under section 51 of the Planning Act; or
(b) local services installed or paid for by the owner as a condition of approval
under section 53 of the Planning Act.
Local Service Installation
13. Nothing in this by-law prevents Council from requiring, as a condition of an agreement
under sections 51 or 53 of the Planning Act that the owner, at his or her own expense,
shall install or pay for such local services, within the plan of subdivision or within the
area to which the plan relates, as Council may require, or that the owner pay for the
local connection to a storm drainage facility and associated administration, processing,
or inspection fees, related to the approval or within the area to which the approval
relates.
Multiple Charges
14. (1) | Where two (2) or more of the actions described in subsection 12(1) of this by-
law 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 14(1) of this by-law, if two or more of the actions
described in subsection 12(1) of this by-law 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 non-residential floor area, shall be calculated and collected
in accordance with the provisions of this by-law.
(3) If a development does not require a building permit but does require one or more
of the actions described in subsection 12(1) of this by-law, then the development
charge shall nonetheless be payable in respect of any increased or additional
development permitted by such action.
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Services in Lieu
15. (1) Council may authorize an owner, through a credit agreement under section 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
section 39 of the Act, equal to the reasonable cost to the owner of providing the
services in lieu, as determined by the Town. In no case shall the agreement
provide for a credit which exceeds the total development charge payable by an
owner to the Town in respect of the development to which the agreement relates.
(2) In any agreement under subsection 15(1) of this by-law, Council may also give
a further credit to the owner equal to the reasonable cost of providing services
in addition to, or of a greater size or capacity, than would be required under this
by-law.
(3) The credit provided for in subsection 15(2) of this by-law shall not be charged to
any development charge reserve fund.
Redevelopment
16. In the case of the demolition of all or part of a residential, non-residential, or mixed-use
building:
(1) A credit shall be allowed, provided that the land was improved by occupied
buildings within the five (5) years prior to the issuance of the building permit, and
the building permit has been issued for the development or redevelopment within
five (5) years from the date the demolition permit has been issued.
(2) If a development or redevelopment involves the demolition of and replacement
of a building, or the conversion from one principal use to another, a credit shall
be allowed equivalent to:
(a) | the number of dwelling units demolished/converted multiplied by the
applicable residential development charge in place at the time the
development charge is payable; and/or
(b) the gross floor area of the building demolished/converted multiplied by the
applicable non-residential development charge in place at the time the
development charge is payable; and/or
(c) in the case of a mixed-use building,
(i) for the residential portion of the building, the number of dwelling
units demolished/converted multiplied by the applicable residential
development charge in place at the time the development charge
is payable, and
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(ii) for the non-residential portion of the building, the gross floor area
of the non-residential portion of the building multiplied by the
applicable non-residential development charge in place at the time
the development charge is payable.
(3) The five (5) year period referred to in subsection 16(1) of this by-law shall be
calculated from the date of the issuance of the first demolition permit.
(4) Development charges shall not be reduced under this section where the building
that is to be demolished or has been demolished or converted from one principal
use to another was, or would have been, exempt from development charges
under this by-law.
(5) In no case will a credit exceed the amount of the development charge that would
otherwise be payable and no credit is available if the existing land use is exempt
from paying development charges under this by-law.
(6) Development charge credits applied under this section shall use the same
schedule of development charge rates that are applicable to the proposed
development or redevelopment.
(7) No development charge credit shall be granted for the demolition or conversion
of any building or structure that was constructed without the payment of
development charges under paragraphs 11(1)(e), (f), or (g) of this by-law.
Timing of Calculation and Payment
17 (1) | The total amount of development charges shall be calculated and be payable
pursuant to this by-law, in accordance with Section 26, Section 26.1, and
Section 26.2 of the Act.
(2) | Where Section 26.1 and Section 26.2 of the Act do not apply, the total amount
of development charges shall be calculated and be payable pursuant to this by-
law as of the date the first building permit is issued.
(3) | Where development charges apply 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 or as otherwise required in accordance with the Act.
(4) Notwithstanding subsections 17(1) and (2) of this by-law, an owner and the Town
may enter into an agreement to provide for the payment in full of a development
charge before building permit issuance or later than the issuing of a building
permit, in accordance with section 27 of the Act.
(5) If a development does not require a building permit, the development charge
shall be calculated and paid in full at the rate in effect at the time the approval is
granted as a condition of the earliest of any of the approvals required for the
development as enumerated in subsection 12(1) of this by-law.
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interest Payments
18. (1) The Town may charge interest on the installments required by subsection 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 subsections 26.2(1) (a) or (b) of the Act applies, the Town 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
subsection 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 18(1) and (2) of this by-law.
By-law Registration
19. Accertified copy of this by-law may be registered on title to any land to which this by-
law applies.
Reserve Funds
20. (1) Monies received from payment of development charges under this by-law shall
be maintained in separate reserve funds as per the services set out in Schedule
"A', plus interest earned thereon.
(2) Monies received for the payment of development charges shall be used only in
accordance with the provisions of section 35 of the Act.
(3) | 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.
(4) Where any unpaid development charges are collected as taxes under
subsection 20(3) of this by-law, the monies so collected shall be credited to the
development charge reserve funds referred to in subsection 20(1) of this by-law.
(5) | The Treasurer shall, in each year, furnish to Council a statement in respect of
the reserve funds established hereunder for the prior year, containing the
information set out in section 43 of the Act and section 12 of the Regulation.
By-law Amendment or Appeal
21. (1) Where this by-law or any development charge prescribed thereunder is
amended or repealed either by order of the Ontario Land Tribunal or by
resolution of Council, the Treasurer shall calculate forthwith the amount of any
overpayment to be refunded as a result of said amendment or repeal in
accordance with the provisions of the Act.
(2) | Refunds that are required to be paid under subsection 21(1) of this by-law shall
be paid with interest to be calculated as follows:
(a) interest shall be calculated from the date on which the overpayment was
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collected to the date on which the refund is paid; and
(b) the Bank of Canada interest rate in effect on the date of enactment of this
by-law shall be used.
(3) Refunds that are required to be paid under subsection 21(1) of this by-law shall
include the interest owed under this section.
By-law Indexing
22. (1) The development charges set out in Schedules "B" and "C" to this by-law may
be adjusted annually, as of January 1, 2023 and annually thereafter on
February 1, while this by-law is in force, 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 Ottawa-Gatineau.
(2) For greater certainty, the development set out in Schedules "B" and "C" to this
by-law may only be adjusted by the percentage change during the preceding
year, as recorded in the Statistics Canada Non-residential Building Construction
Price Index for Ottawa-Gatineau, if there is an increase in the percentage
change.
Refunds or Corrections
23. | Refunds or partial refunds of development charges that have been paid will be made,
without interest, where:
(1) a building permit is cancelled, revoked, or amended for any reason prior to the
commencement of construction resulting in an overpayment of development
charges to the Town, subject to the payment of the applicable refund request fee
as set by the Town from time to time in its Fees and Charges By-law, as amended;
or
(2) an internal clerical error, including the transposition of figures, a typographical or
similar error, has occurred with respect to the calculation of a development charge
which resulted in an overpayment to the Town.
24. Additional payment of development charges shall be made where a clerical or factual
error, including the transposition of figures, a typographical or similar error, has occurred
with respect to the calculation of a development charge under this by-law or any other
by-law which resulted in an underpayment to the Town or any other government entity.
Severability
25. Inthe 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 considered to be
severed, and the remaining portion of such provision and all other provisions of this by-
law shall remain in full force and effect.
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Headings for Reference Only
26. |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.
General
27. -- This by-law shall be administered by the Town's Corporate Services Department.
28. | Where the Town and an owner or former owner of land 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 this by-law
shall prevail to the extent that there is a conflict.
29. The onus is on the property owner to produce evidence to the satisfaction of the Town
which establishes that the owner is entitled to any exemption, credit, or refund claimed
under this by-law.
30. Only one of the applicable exemption(s), relief, or adjustment(s) set out in this by-law
shall be applicable to development or redevelopment. Where the circumstances of a
development or redevelopment are such that more than one exemption, relief, or
adjustment could apply, only one exemption, relief, or adjustment shall apply and it shall
be the exemption, relief, or adjustment that results in the lowest development charges
being payable pursuant to this by-law.
Schedules to the By-law
31. The following Schedules to this by-law form an integral part of this by-law:
Schedule "A" - Designated Town Services under this by-law
Schedule "B" - Residential Development Charges |
Schedule "C" - Non-Residential Development Charges
Date By-law Effective and Repeal of Existing By-laws
32. -- This by-law shall come into full force and effect on June 1 2022.
Date By-law Expires
33. This by-law expires five (5) years after the day on which it comes into force.
Short Title
34. This by-law may be cited as the "Town of Smiths Falls Development Charge By-law,
2022"
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Read a first and second time this 218 day of March, 2022
Read a third time and passed this 218 day of March, 2022
Mayor C
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Schedule "A"
To By-law No. 10324-2022
Designated Town Services Under This By-law
1. Library Services |
2. Parks and Recreation |
3. Fire Protection Services
4. Police Services
5. Development Related Studies
6. Services Related to a Highway:
a. Public Works
b. Roads & Related
7. Water Services
8. Wastewater Services
oddeseadoparent Charges By-law
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Schedule "B"
To By-law No. 10324-2022
Schedule of Residential Development Charges
Charge By Unit Type
Service Single & Semi- Rows &
Detached Other Multiples Apartments
Library Services $607 $485 $364
Parks And Recreation $1,961 $1,569 $1,176
Fire Protection Services $1,032 $825 $619
Police Services $976 $781 $585
Development Related Studies $326 $261 $196
Services Related to a Highway
Public Works $552 $442 $331
Roads And Related $3,746 $2,997 $2,247
Water Services $2,360 $1,888 $1,416
Wastewater Services $970 $776 $582
TOTAL RESIDENTIAL CHARGE BY UNIT TYPE $12,530 $10,024 $7,516
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Schedule "C"
To By-law No. 10324-2022
Schedule of Non-Residential
Development Charges
Non-Residential
Service Charge
($/sq.m) |
Library Services $0.00
Parks And Recreation $0.00
Fire Protection Services $8.51
Police Services $5.95
Development Related Studies $2.59
Services Related to a Highway
Public Works $4.49
Roads And Related $29.98
Water Services $19.23
Wastewater Services $7.77
TOTAL NON-RESIDENTIAL CHARGE PER SQ M $78.52
opdepsedoonxent Charges By-law
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