Development Charges By-Law 30-2022 (Town of South Bruce Peninsula)
South Bruce Peninsula, Ontario
· No. 30-2022
· adopted 2022-04-19
· summary & facts
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The Corporation
of the Town of South Bruce Peninsula
By-Law Number 30-2022
A By-Law to Establish
Development
Charges
for the Corporation
of the Town of South
Bruce
Peninsula
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--|awsfor 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 Corporation of the Town of South Bruce Peninsula
("Town") has given Notice on March 5, 2022 according to Section 12 of the
Development Charges Act, 1997, of its intention to pass a by--lawunder Section 2 of the
said Act;
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
a public meeting held on April 5, 2022;
And whereas
the Council of the Town had before it a report entitled Development
Charge Background Study dated January 17, 2022 prepared by Watson &Associates
Economists Ltd, wherein it is indicated that the development
of any land within Wiarton
Service Area of the Town willincrease
the need for services as defined herein;
And whereas
the Council of the Town on April 5, 2022 approved the applicable
Development Charge Background Study, inclusive of the capital forecast therein, in
which certain recommendations
were made relating to the establishment
of a
development
charge policy for the Town pursuant
to the Development
Charges Act,
1997;
And whereas
the Council of the Town on April 5, 2022 determined that no additional
public meeting was required to be held as part of the approval process.
Now therefore
the Council of the Corporation
of the Town of South
Bruce
Peninsula
enacts
as follows:
Definitions
In this by--law,
1.
2.
"Act"means the Development Charges Act, 1997, c. 27;
"accessory
use" means where used to describe a use, building, or structure that the
use, building or structure is naturally and normally incidental, subordinate
in purpose
of floor area or both, and exclusively devoted to a principal use, building or structure;
"apartment unit" means any residential unit within a building containing three or more
dwelling units where access
to each residential unit is obtained through a common
entrance
or entrances
from the street level and the residential units are connected
by an interior corridor;
"bedroom" means a habitable room largerthan
seven square
metres, including a
den, study, or other similar area, but does not include a living room, dining room or
khchen;
"board of education" means a board defined in s.s. 1(1) of the Education Act;
"Building Code Act" means the Building Code Act, 1992, S.O. 1992, c.23, as
amended;
"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 authorized by, the
municipality or local board,
to acquire land or an interest in land, including a leasehold interest;
to improve land;
to acquire, lease, construct or improve buildings and structures;
to acquire, lease, construct or improve facilities including,
rolling stock with an estimated useful life of seven years or more,
i.
furniture and equipment, other than computer equipment, and
ii.
materials acquired for circulation, reference or information purposes
by a
library board as defined in the Public Libraries Act, R0.
1990, c. 57, and
to undertake studies in connection with any of the matters referred to in
clauses a to d;
f.
to complete the development charge background
study under Section 10 of the
Act;
g. interest on money borrowed to pay for costs in a to d;
required for provision of services designated
in this by--lawwithin or outside the
municipality.
8.
'IO.
11.
12.
13.
14.
15.
"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, lodging
and rooming houses;
"Council"means the Council of the Town of South Bruce Peninsula;
"development" means the construction, erection or placing of one or more buildings
or structures on land or the making of an addition or alteration to a building or
structure that the effect of increasing the size of usability 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 by--law
was passed;
"grade" means the average
level of finished ground adjoining a building or structure
at all exterior walls;
"gross floor area" means
a.
in the case ofa 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--residentialbuilding or structure, or in the case ofa mixed-
use building or structure in respect of the non--residentialportion 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:
i.
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;
ii.
loading facilities above or below grade; and
iii.
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;
16."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 the sale of commodities to the general public through a
warehouse
club;
17."institutional" means
land, buildings, structures or any part thereof used by any
organization,
group or association
for promotion of charitable, educational
or
benevolent objectives and not for profit or gain;
18."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 power or authority
under any general or special Act with respect to any of the affairs or purposes,
including school purposes,
ofthe municipality or any part or parts thereof;
19."local services" means those services, facilities or things which are under the
jurisdiction of the Town of South Bruce Peninsula and are related to a plan of
subdivision or within the area to which the plan relates in respect
of the lands under
Sections 41, 51 or 53 of the Planning Act, R8. O. 1990, Chap. P. 13, as amended,
or
any successor
thereof;
20."Municipality" means The Corporation ofthe Town of South Bruce Peninsula;
21."non--residential use" means a building or structure of any kind whatsoever
used,
designed
or intended to be used for other than a residential use;
22. "Official Plan" means the Official Plan adopted for the municipality, as amended
and
approved;
23. "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;
24."Planning
Act" means the Planning Act, 1990, R30.
1990, c./3.13, as amended;
25."rate" means the interest rate established
weekly by the Bank of Canada based on
Treasury Bills having a term of 91 days;
26. "regulation" means any regulation made pursuant
to the Act;
27."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;
28."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;
29."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;
30."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;
31 ."service" means a service designed
in Schedule "A"to this by--law,and "services"
shall have a corresponding
meaning;
32."service
area" means an area defined by map, plan or legal description in a front-
ending agreement
as an area that willreceive a benefit from the construction of a
service;
33."servicing
agreement"
means an agreement
between a landowner and the
Municipality relative to the provision of municipal services to specified land within the
Municipality;
34."sing|e
detached
dwelling" means a completely detached
building containing only
one dwelling unit.
35."townhouse
dwellings" means all dwellings other than single-detached,
semi-
detached
and apartment
unit dwellings;
36. "Zoning By--Law"means the Zoning By--Lawof the Municipality or any successor
thereof passed pursuant to Section 34 of the Planning Act, S.O. 1998.
Designation
of Services
2.1
The categories
of services for which development
charges
are imposed under
this By--laware as follows:
a.
Water Services;
b. Sanitary Sewer Services; and
c.
Services
Related to a Highway.
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--LawApplies
3.2
Subject to section 3.3, this by--lawapplies to all lands within the defined areas of
the Wiarton Service Area, South Wiarton Service Area and Outside of the South
Wiarton Service Area, as defined in Schedules
in the Town of South Bruce
Peninsula whether or not the land or use thereof is exempt from taxation under s.
13 of the AssessmentAct.
3.3.
Notwithstanding clause 3.2 above, this by--lawshall not apply to lands that are
owned by and used for the purposes
of:
a. the County of Bruce;
b. the Town of South Bruce Peninsula or a local board thereof; or
c. 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--residentialuses ifthe development
requires:
i.
the passing of a Zoning By--Lawor of an amendment
to a Zoning By--Lawunder
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--lawpassed
under subsection
50(7) of the
Planning Act applies;
iv. the approval of a plan of subdivision under section 51 of the Planning Act;
a consent
under section 53 of the Planning Act;
vi. the approval of a description under section 50 of the Condominium Act, R80.
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 described
in subsection
3.4(a)
are required before the lands, buildings or structures
can be developed.
c.
Despite subsection 3.4b, iftwo or more of the actions described
in subsection
3.4a occur at different times, additional development
charges
shall be imposed if
the subsequent
action has the effect or increasing the need for services.
Exemptions
3.5
Notwithstanding the provisions of this by--law,development
charges shall not be
imposed with respect to:
an enlargement
to an existing dwelling unit;
b.
one or two additional dwelling units in an existing single detached dwelling; or
3.6
3.7
3.8
3.8.1
3.8.2
3.9
3.10
one additional dwelling unit in any other existing residential building;
Notwithstanding section 3.5(b), development
charges
shall be imposed ifthe total
gross floor area of the additional one or two units exceeds
the gross floor area of
the existing dwelling unit.
Notwithstanding section 3.5, development
charges
shall be imposed ifthe
additional unit has a gross floor area greater than:
in the case of a semi--detached or row dwelling, the gross floor area of the
existing dwelling unit; and
in the case of any other residential building, the gross floor area of the smallest
dwelling unit contained in the residential building.
Exemption for Industrial Development:
Notwithstanding any other provision ofthis 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.
Ifthe 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 ofthe development
charge that would othen/vise be
payable multiplied by the fraction determined as follows:
. determine the amount by which the enlargement
exceeds
50 percent of the gross
floor area before the enlargement;
divide the amount determined under subsection
1 by the amount of the
enlargement
For the purpose of section 3.8 herein, "existing industrial building" is used as
defined in the Regulation made pursuant to the Act.
Other Exemptions:
a. 50% reduction in the development
charges for industrial, institutional and office
development;
and
b. Hospitals.
Amount of Charges
Residential
3.11
The development charges
set out in Schedule B for the lands set out in Schedule
C shall be imposed on residential uses of lands, buildings or structures,
including
a dwelling unit accessory
to a non--residentialuse 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.
Non--Residential
3.12
The development
charges
set out in Schedule
B for the lands set out in Schedule
C shall be imposed on non--residentialuses 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--residentialuse.
Reduction of Development Charges for Redevelopment
3.13
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 60
months 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 othen/vise 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
3.11 by the number, according to type, of dwelling units that have
been or willbe demolished
or converted to another principal use; and
b.
in the case of a non--residentialbuilding 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 greater of the applicable
development charges
under subsection
3.12;
provided that such amounts shall not exceed, in total, the amount of the development
charges
otherwise payable with respect to the redevelopment.
Time of Payment of Development Clgrges
3.14
Development charges imposed under this by--laware calculated, payable, and
collected upon issuance of a building permit for the development.
3.15
Despite section 3.14, Council from time to time, and at any time, may enter into
agreements
providing for all or any part of a development
charge to be paid
before or after itwould otherwise be payable, in accordance
with section 27 of
the Act.
Payment
by Services
4.1
Despite the payment required under subsections
3.11 and 3.12, 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.
Indexing
5.1
Development charges imposed pursuant to this by--lawshall be adjusted
annually, without amendment
to this by--law,on the anniversary
date of this by-
law, in accordance
with the prescribed index in the Act.
Schedules
6.1
The following schedules
shall form part ofthis by--law:
Schedule A
-- Components
of Services Designated in Section 2.1
Schedule
B
- Residential and Non--Residentia|
Development Charges
Schedule
C
-- Wiarton Service Area
Conflicts
7.1
Where the Town of South Bruce Peninsula 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--lawand such
agreement,
the provisions of the agreement
shall prevail to the extent that there
is a conflict.
7.2
Notwithstanding section 7.1, where a development which is the subject of an
agreement
to which section 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--lawifthe
development
has the effect of increasing the need for services, unless such
agreement
provides otherwise.
Severability
8.1
If,for any reason, any provision of this by--lawis held to be invalid, it is hereby
declared to be the intention of Council that all the remainder of this by--lawshall
continue in full force and effect until repealed,
re--enacted, amended
or modified.
Date By-Law in Force
9.1
This by--lawshall come into effect at 12:01 AM on April 20, 2022.
Date By-Law Expires
10.1
This by--lawwillexpire at 12:01 AM on April 20, 2027 unless it is repealed by
Council at an earlier date.
Read a first and second
time this 19th day of April
2.
Schedule
"A" to By-Law Number 30-2022
Components
of Services
Designated
in Subsection
2.1
South Wiarton Service Area and Outside ofthe South Wiarton Service Area (Schedule
Q)
Water Services
Sanitary Sewer Services
Services Related to a Highway
Schedule
"B" to By-Law 30-2022
Schedule
of Development
Charges
S/Dwelling Unit
S/Sq.Ft. ofGFA
Service Area
Singles &
Retirement
Townhomes
Apartments
Non--Residentia|
Semis
Subdivision
South Wiarton Service Area
- Water
S
2,418
S
1,760
S
1,611
S
1,371
S
1.43
-- Sewage Treatment
Plant
S
1,553
S
1,131
S
1,034
S
881
S
0.96
-- Sanitary Sewer
S
1,950
S
1,420
S
1,299
S
1,106
S
1.20
-- Roads
S
1,896
S
1,381
S
1,263
S
1,075
S
1.12
-- Administration
S
67
S
50
S
45
S
38
S
0.04
Sub--TOta|
S
7,885
S
5,741
S
5,252
S
4,472
S
4.76
Outside of South Wiarton Service Area
- Water
S
5,288
S
3,850
S
3,521
S
2,998
S
5.06
-- Sewage Treatment
Plant
S
1,553
S
1,131
S
1,034
S
881
S
0.96
-- Sanitary Sewer
S
3,800
S
2,952
S
2,530
S
2,154
S
3.08
- Roads
$
--
S
-
$
-
S
-
S
-
-- Administration
S
67
S
50
S
45
S
38
S
0.04
Sub--TOta|
S
10,708
S
7,982
S
7,131
S
6,072
S
9.14
Schedule
"C" to By-Law 30-2022
Wiarton Service Area
$5.
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