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The Corporation of the Township of Springwater
By-Law Number 2023-070
A By-law to establish Development Charges for The Township of
Springwater, and to repeal By-law 2018-045 and amending
By-law 2021-117.
(Development Charges By-law)
Whereas Subsection 2(1) of the Development Charges Act, S.O. 1997, herein referred to
as 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 the development of the area to which the by-law applies;
and
Whereas Council at its meeting on June 21, 2023 received the Township of Springwater
Development Charges Background Study, dated April 21, 2023 (the "Study"), as amended
May 23, 2023, and June 15, 2023; and
Whereas Notice of Public Meeting was given pursuant to Section 12 of the Act on or
before May 11, 2023 and copies of the Development Charges Background Study and the
proposed development charge by-law were made available to the public on April 21, 2023;
and
Whereas a Public Meeting was held on May 31, 2023 to receive comments and
representations from all persons who applied to be heard (the "Public Meeting"); and
Whereas Council has indicated at its meeting on June 21, 2023 that intends to ensure
that the increase in the need for services attributable to the anticipated development will
be met, subject to sufficient development charge revenues being generated and other
Township affordability criteria being met; and
Whereas Council has indicated at this meeting on June 21, 2023 its intent that the future
excess capacity identified in the Study shall be paid for by the development charges or
other similar charges; and
Whereas Council determined at its meeting on June 21, 2023 that no further Public
Meetings were required under Section 12 of the Act.
Now Therefore the Council of the Corporation of the Township of Springwater enacts as
follows:
By-law 2023-070
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1.
Definitions
In this By-law,
1.1.
Act: means the Development Charges Act, 1997, as amended, S.O. 1997, c.27;
1.2.
Accessory: means a use, building, or structure that is normally incidental and/or
subordinate, and is exclusively devoted to a main use and/or a building and/or
structure, and is located on the same lot therewith. Accessory has the same
meaning as ancillary;
1.3.
Affordable Residential Unit: means a residential unit that meets the criteria set
out in subsection 4.1(2) or 4.1(3) of the Act;
1.4.
Agricultural Use: means a use of land, buildings, or structures for the purpose of
beekeeping, dairying, fallow, field crops, forestry, fruit farming, horticulture, market
gardening, pasturage, raising of livestock, or any other farming use;
1.5.
Apartment Unit: means any residential dwelling 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;
1.5.1. Apartment, large: means a dwelling unit contained within an apartment
building that is two bedrooms or more or an ancillary unit with two or more
bedrooms;
1.5.2. Apartment, small: means a dwelling unit contained within an apartment
building that is a one bedroom or bachelor suite or an ancillary unit with one
or less bedrooms;
1.6.
Attainable Residential Unit: means a residential unit that meets the criteria set
out in subsection 4.1(4) of the Act;
1.7.
Bedroom: means a habitable room larger than seven square metres, including a
den, study or other similar area, but does not include a living room, dining room or
kitchen;
1.8.
Benefiting area: means an area defined by a map, plan or legal description in a
front-ending agreement as an area that will receive a benefit from the construction
of a service;
1.9.
Board of Education: means a board of education, French and English, public
school boards, and separate school boards;
1.10. Building: means a structure having a roof supported by columns or walls and used
for the shelter, accommodation or enclosure or persons, goods, animals, or
chattels;
1.11. Building Code Act: means the Building Code Act, S.O. 1992; Chapter 23, as
amended and all Regulations thereto including the Ontario Building Code, 1997, as
amended or any successor legislation thereof;
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1.12. Capital Cost: means costs incurred or proposed to be incurred by the Township or
a local board thereof directly or under an agreement,
1.12.1. To acquire land or an interest in land, including a leasehold interest,
1.12.2. To improve land,
1.12.3. To acquire, lease, construct or improve buildings and structures,
1.12.4. To acquire, construct or improve facilities including,
1.12.4.1. Furniture and equipment other than computer equipment,
1.12.4.2. 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, and
1.12.4.3. Rolling stock with an estimated useful life of seven years or more; and
1.12.5. Interest on borrowing for those expenditures under clauses 1.12.1 to 1.12.4
above that are growth related;
1.13. Class: means a grouping of services combined to create a single service for the
purposes of this by-law and as provided in Section 7 of the Development Charges
Act. Also referred to as class of service or classes of services;
1.14. Council: means the Council of The Corporation of the Township of Springwater;
1.15. Development: means the construction, erection or placing of one or more buildings
or structures on land, or the making of an addition or alteration to a building or
structure that has the effect of increasing the gross floor area, or the making of an
addition or alteration of a building or structure which has the effect of creating a
new dwelling unit by the addition of sleeping, culinary and/or sanitary facilities
where all such facilities did not exist at the time of the passage of this By-law, and
includes re-development;
1.16. Development Charge: means a charge imposed with respect to growth- related
net capital costs against land in the Township under this By-law pursuant to the
Act;
1.17. Dwelling, apartment building: means a building containing more than four (4)
dwelling units, each unit having access only from an internal corridor system, and
may include administrative, maintenance, storage, laundry, garage and other
similar accessory facilities provided for the convenience of the occupants;
1.18. Dwelling, attached accessory: means a dwelling unit, accessory to the main use
of the property and contained within or attached to a main building;
1.19. Dwelling unit, bachelor: means a dwelling unit consisting of one bathroom and
not more than two (2) habitable rooms and providing therein living, dining, sleeping
and cooking facilities;
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1.20. Dwelling, detached accessory: means a dwelling unit, accessory to the main use
of the property and in the form of a Dwelling, Single Detached;
1.21. Dwelling, duplex: means a building of more than one (1) storey containing not
more than two (2) dwelling units separated horizontally and each of which has an
independent entrance;
1.22. Dwelling, fourplex: means a building which is divided horizontally and vertically so
as to create four (4) dwelling units each of which has an independent entrance;
1.23. Dwelling, semi-detached: means one of a pair of two (2) dwelling units attached
vertically along a common wall, each of which has an independent entrance;
1.24. Dwelling, single detached: means a building occupied or capable of being
occupied as a dwelling unit;
1.25. Dwelling, street townhouse: means a townhouse building, as described in
Section 28.58 of Zoning By-law 5000 in which each dwelling unit abuts a public
street and where each unit is located on a separate lot;
1.26. Dwelling, townhouse: means a separate building divided vertically into three (3)
or more dwelling units, each of which has direct access from the outside ground
level and shares above ground party walls with abutting dwelling units;
1.27. Dwelling unit: means one or more rooms in a building, designed as, or intended
as, or capable of being used or occupied by one persons or persons living together,
in which living, sleeping, sanitary and food preparation facilities or facilities for the
installation of kitchen equipment are provided for the exclusive use of such person
or persons and has an independent entrance;
1.28. Farm building: means a farm building as defined in the Building Code Act;
1.29. Floor: includes a paved, concrete, wooden, gravel, or dirt floor;
1.30. Front-ending Agreement: means an agreement made under Section 44 of the Act
between the Township and any or all owners within the benefiting area providing
for front-end payments by an owner or owners or any combination thereof;
1.31. Front-end Payment: means a payment made by an owner pursuant to a front-
ending agreement, which may be in addition to a development charge that the
owner is required to pay under this By-law, to cover the net capital costs of the
services designated in the agreement that are required to enable the land to be
developed;
1.32. 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. O.Reg. 82/98, s.
1 (1);
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
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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 any of the following:
1.32.1. A room or enclosed area within the building or structure above or below
grade that is used exclusively for the accommodation of heating, cooling,
ventilating, electrical, mechanical or telecommunications equipment that
services the building;
1.32.2. Loading facilities above or below grade;
1.32.3. 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;
1.33. Growth-related Net Capital Cost: means the portion of the net capital cost of
services that is reasonably attributable to the need for such net capital cost that
results or will result from development in all or a defined part of the Township;
1.34. Hospice: means a building or portion of a mixed-use building designed and
intended to provide palliative care and emotional support to the terminally ill in a
home or homelike setting so that quality of life is maintained, and family members
may be active participants in care.
1.35. Institutional Development: means development of a building or structure intended
for use:
1.35.1. As a long-term care home within the meaning of subsection 2 (1) of the
Long-Term Care Homes Act, 2007;
1.35.2. As a retirement home within the meaning of Subsection 2 (1) of the
Retirement Homes Act, 2010;
1.35.3. By any one of the following post-secondary institutions for the objects of
the institution:
1.35.3.1. A university in Ontario that receives direct, regular, and ongoing
operating funding from the Government of Ontario,
1.35.3.2. A college or university federated or affiliated with a university
described in subclause (1), or
1.35.3.3. An Indigenous Institute prescribed for the purposes of Section 6 of
the Indigenous Institutes Act, 2017;
1.35.4. As a memorial home, clubhouse, or athletic grounds by an Ontario branch
of the Royal Canadian Legion; or
1.35.5. As a hospice to provide end of life care.
1.36. Local Board: means a municipal service board, transportation commission, public
library board, board of health, police services board, planning board, or any other
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board, commission, committee, body or local authority established or exercising
any power under any Act with respect to the affairs or purposes of one or more
municipalities, excluding a school board and a conservation authority;
1.37. Local Services: means those services, facilities or things which are under the
jurisdiction of the municipality and are related to a plan of subdivision or within the
area to which the plan relates in respect of the lands under Sections 41,51 or 53 of
the Planning Act R.S.O. 1990, as amended or any successor thereto;
1.38. Mezzanine: means a mezzanine as defined in the Building Code Act;
1.39. Mixed-Use: means lands, buildings or structures used, designed or intended to be
used for both residential and non-residential uses;
1.40. Mobile Home or Park Model Trailer: means a dwelling unit that is designed to be
made mobile and meets the following criteria:
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, but not include a trailer;
d) designed as living quarters and may be connected to those utilities necessary
for operation of installed fixtures and appliances; and
e) has a gross floor area, including lofts, not exceeding 50 sq.m (538.21 sq.ft.}
when in the setup mode and having a width greater than 2.6 m (8.53 ft.) in the
transit mode. 28.153
For the purposes of this by-law a mobile home or park model trailer which meets
the definition of a dwelling unit in section 1.27 will be charged as an Apartment
Unit, Small as defined by this by-law, otherwise the non-residential rate shall apply;
1.41. Municipality: means The Corporation of the Township of Springwater;
1.42. Non-Profit Housing Development: means development of a building or structure
intended for use as residential premises by,
1.42.1. a corporation without share capital to which the Corporations Act applies,
that is in good standing under that Act and whose primary object is to
provide housing;
1.42.2. 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 object is to provide housing; or
1.42.3. a non-profit housing co-operative that is in good standing under the Co-
operative Corporations Act, or any successor legislation;
1.43. Non-residential: means land, buildings or structures or portions thereof used, or
designed or intended to be used for a use other than for a dwelling unit;
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1.44. Other Multiple: means a building or structure of any kind whatsoever used,
designed or intended to be used for other than a residential use and includes all
commercial, industrial and institutional uses;
1.45. 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;
1.46. 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, as amended or any
successor thereto;
1.47. Protracted: means in relation to a temporary building or structure the persistence
of its construction, erection, placement on land, alteration or, of an addition to it, for
a continuous period exceeding the time provided in the Temporary Use Agreement
or By-law;
1.48. Rate: means the interest rate established weekly by the Bank of Canada for
treasury bills having a term of 30 days;
1.49. Redevelopment: means the construction, erection or placing of one or more
buildings or structures on land where all or part of a building or structure has
previously been demolished, or changing the use of all or part of a building from a
residential purpose to a non-residential purpose or from a non-residential purpose
to a residential purpose, or changing all or part of a building from one form of
residential development to another form of residential development or from one
form of non-residential development to another form of non-residential
development;
1.50. Regulation: means any regulation made pursuant to the Act;
1.51. 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;
1.52. Residential: means the use of lands, buildings or structures of any kind
whatsoever used, designed or intended to be used as living accommodations for
one or more individuals;
1.53. Services: means services designated in this By-law including Schedule A to this
By-law or in agreement under section 44 of the Act, or both;
1.54. Site: means a parcel of land which can be legally conveyed pursuant to Section 50
of the Planning Act and includes a development having two or more lots
consolidated under one identical ownership;
1.55. Special Care/Special Dwelling: means a residence
a) containing two or more dwelling rooms, which rooms have common entrance
from street level; and
b) where the occupants have the right to use in common with other occupants,
halls, stairs, yards, common room and accessory buildings; and
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c) that is designed to accommodate persons with specific needs, including but not
limited to, independent permanent living arrangements; and where support
services, such as meal preparation, grocery shopping, laundry, housing,
nursing, respite care and attending services are provided at various levels; and
includes but is not limited to retirement homes or lodges, group homes,
dormitories, and hospices.
1.56. Structure: means anything constructed or erected, the use of which requires
location on the ground, or which is attached to something having location on or in
the ground;
1.57. Temporary Building or Structure: means a building or structure constructed or
erected or placed on land for a continuous period not exceeding the time period
provided in the Temporary Use Agreement, or an addition or alteration to a building
or structure that has the effect of increasing the total floor area thereof for a
continuous period not exceeding the time provided in the Temporary Use
Agreement of By-law;
1.58. Township: means The Corporation of the Township of Springwater;
1.59. Trailer: means any vehicle constructed to be attached and propelled by a motor
vehicle and that is capable of being used by persons for living, sleeping or eating,
even if the vehicle is jacked-up or its running gear is removed. Trailers include tent
trailers or similar transportable accommodation, except a mobile home or park
model trailer;
1.60. Zoning By-Law: means the Zoning By-law or By-laws passed under Section 34 of
the Planning Act and in force and effect in the Township, or part thereof;
2.
Rules
For the purpose of complying with Section 6 of the Act:
2.1.
The area to which this By-law applies shall be the area described in Section 3 of
this By-law;
2.1.1. The rules developed under paragraph 9 of subsection 5(1) of the Act for
determining if a development charge is payable in any particular case and
for determining the amount of the charge shall be as set forth in Sections 4
through 11, inclusive and Section 17 of this By-law;
2.1.2. The exemptions provided for by such rules shall be the exemptions set forth
in Sections 12 through 16, inclusive of this By-law, the indexing of charges
shall be in accordance with Section 9 of this By-law and the phasing in of
charges shall be in accordance with Section 10 of this By-law.
2.1.3. The redevelopment of land shall be in accordance with the rules set forth in
Section 17 of this By-law.
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3.
Lands Affected
1.1.
This By-law applies to all lands in the geographic area of the Township.
4.
Designation of Services/Classes of Services
4.1.
The categories of services/classes of services for which development charges
are imposed under this by-law are as follows:
4.1.1. Services related to a highway;
4.1.2. Fire protection services;
4.1.3. Parks and recreation services;
4.1.4. Library services;
4.1.5. Water services; and
4.1.6. Wastewater services.
4.2.
Components of the services designated in subsection 4.1 are described in
Schedule A.
5.
Approvals for Development
5.1.
Development charges shall be imposed against all lands, buildings or structures
within the area to which this By-law applies if the development of such lands,
buildings or structures requires any of the following approvals:
5.1.1. The passing of a zoning by-law or of an amendment thereto under
section 34 of the Planning Act;
5.1.2. The approval of a minor variance under section 45 of the Planning Act;
5.1.3. A conveyance of land to which a by-law passed under subsection 50(7)
of the Planning Act applies;
5.1.4. The approval of a plan of subdivision under section 51 of the Planning
Act;
5.1.5. A consent under section 53 of the Planning Act;
5.1.6. The approval of a description under section 50 of the Condominium Act,
or;
5.1.7. The issuing of a permit under the Building Code Act, 1992 in relation to a
building or structure.
5.2.
No more than one development charge for each service designated in
Subsection 4.1 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
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Subsection 5.1 are required before the lands, buildings or structure can be
developed.
5.3.
Notwithstanding Subsection 5.2, if two or more of the actions described in
Subsection 5.1 occur at different times, additional development charges shall be
imposed in respect of any increased or additional development permitted by
that action.
5.4.
Where a development requires an approval described in Subsection 5.1 after
the issuance of a building permit and no development charge has been paid,
then the development charge shall be paid prior to the granting of the approval
required under Subsection 5.1.
5.5.
If a development does not require a building permit but does require one or
more of the approvals described in Subsection 5.1, then the development
charge shall nonetheless be payable in respect of any increased or additional
development permitted by such approval required for the increased or additional
development being granted.
5.6.
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, install such local services related to a plan of subdivision or
within the area to which the plan or consent relates, as Council may require.
6.
Calculation of Development Charges
6.1.
The development charge with respect to the use of any land, buildings or
structures shall be calculated as follows:
6.1.1. In the case of residential development, or the residential portion of a
mixed-use development, based upon the number and type of dwelling
units; or
6.1.2. In the case of non-residential development, or the non-residential portion
of a mixed-use development, based upon the gross floor area of such
development.
7.
Amount of Charge - Residential
7.1.
The development charges described in Schedule B to this By-law shall be
imposed on residential uses of lands, buildings or structures, including a
dwelling unit accessory to a non-residential use and, in the case of a mixed-use
building or structure, on the residential component of the mixed-use building or
structure, according to the type of residential use.
8.
Amount of Charge - Non-Residential
8.1
The development charges described in Schedule B to this By-law shall be
imposed on non-residential uses of lands, buildings or structures, including a
non-residential use accessory to a dwelling unit and, in the case of a mixed-use
building or structure, on the non-residential component of the mixed-use
building or structure, according to the type of non-residential use.
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9.
Indexing of Development Charges
9.1.
The development charges set out in Schedule B shall be adjusted without
amendment to this By-law annually on January 1st in each year, commencing
January 1, 2024, in accordance with the most recent twelve month change in
Statistics Canada Quarterly, Non-residential Building Construction Price Index.
10.
Phasing, Timing of Calculation and Payment
10.1. The amount of the development charges described in Schedule B to this by-law
shall be reduced in accordance with section 5(8) of the Act. Therefore, the
following percentages of the charges provided in Schedule B will be imposed
(subject to annual indexing as per Section 9 of this by-law):
a)
Year 1 - 80 per cent;
b)
Year 2 - 85 per cent;
c)
Year 3 - 90 per cent;
d)
Year 4 - 95 per cent;
e)
Year 5 through 10 - 100 per cent.
10.2. Subject to Section 17 (with respect to redevelopment) and Subsections 10.3 to
10.5 below, the development charges set out in Schedule B shall be calculated
as of, and shall be payable as follows:
10.2.1. For fire protection services, parks and recreation services, and library
services; on the date the first building permit is issued in relation to a
building or structure on land to which the development charge applies.
10.2.2. For services related to a highway, water, and wastewater services; the
development charges are payable, with respect to an approval of a plan
of subdivision or a severance under section 51 or 53 of the Planning Act,
immediately upon entering into the subdivision/consent agreement,
based upon the number and type of residential lots created, and in the
case of subdivision blocks, based on the maximum zoned capacity of
each block pursuant to the Township's Zoning By-law.
10.3. Notwithstanding Subsection 10.2 above, the Township may require an owner to
enter into an agreement, including the provision of security for the owner's
obligations under agreement, pursuant to Section 27 of the Act providing for all
or part of a development charge to be paid before or after it otherwise would be
payable. The terms of such agreement shall then prevail over the provision of
this By-law.
10.4. Notwithstanding Section 10.2, development charges for rental housing and
institutional developments are due and payable in 6 equal annual payments
commencing with the first instalment payable on the date of occupancy, and
each subsequent instalment, including interest at the interest rate as provided in
accordance with Section 26.3 of the Act.
10.5. Where the development of land results from the approval of a site plan or
zoning by-law amendment application received on or after January 1, 2020, and
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the approval of the application occurred within two years of building permit
issuance, the development charges under Sections 7 and 8 shall be calculated
on the rates set out in Schedule B on the date of the planning application,
including interest in accordance with Section 26.3 of the Act. Where both
planning applications apply development charges under Sections 7 and 8 shall
be calculated on the rates, including interest at the interest rate as provided in
accordance with Section 26.3 of the Act, as may be revised from time to time,
as set out in Schedules B on the date of the later planning application, including
interest.
11.
Payment by Money or the Provision of Services
11.1. Payment of development charges shall be by cash or by cheque.
11.2. In the alternative to payment by the means provided in Subsection 11.1 above,
the Township may, by an agreement entered into with the owner, accept the
provision of services in full or partial satisfaction of the development charge
otherwise payable provided that:
11.2.1. If the credit exceeds the amount of the charge for the service to which
the work relates,
11.2.1.1. The excess amount shall not be credited against the charge for
any other service, unless the Township has so agreed in an
agreement under Section 38 of the Act; and
11.2.1.2. In no event shall the Township be required to make a cash
payment to the credit holder.
11.3. If a development charge or any part of it remains unpaid after it is payable, the
amount unpaid shall be added to the tax roll and shall be collected in the same
manner as taxes pursuant to Section 32 of the Act.
12.
Rules with Respect to Exemptions for Intensification of Existing
Housing
12.1. No Development Charge shall be imposed where the only effect of an action
referred to in Section 5 of this By-law is to:
12.1.1.
permit an enlargement to an existing residential Dwelling Unit;
12.1.2.
permit the creation of additional dwelling units equal to the greater of one
Dwelling Unit or one percent of the existing Dwelling Units is existing Rental
Housing or a prescribed ancillary residential dwelling structure to the existing
residential building;
12.1.3.
Notwithstanding the provisions of this By-law, development charges shall not
be imposed with respect to the creation of any of the following in existing
houses:
12.1.3.1. A second residential unit in an existing detached house, semi-
detached house or rowhouse on a parcel of land on which residential
By-law 2023-070
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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.
12.1.3.2. 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.
12.1.3.3. 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.
12.1.4.
Notwithstanding the provisions of this By-law, development charges shall not
be imposed with respect to the creation of any of the following in new
residential buildings:
12.1.4.1. 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.
12.1.4.2. 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.
12.1.4.3. 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
12.2. Notwithstanding 12.1 above, Development Charges shall be imposed if the
additional Dwelling Unit(s) has a Gross Floor Area greater than:
12.2.1. in the case of a Semi-detached Dwelling Unit or Townhouse Dwelling Unit,
the Gross Floor Area of the existing Dwelling Unit; and
12.2.2. in the case of any other Residential Building, the Gross Floor Area of the
smallest Dwelling Unit contained in the said residential Building.
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12.3. The exemption to Development Charges in 12.1 above shall only apply to the
first instance of intensification in an existing or new dwelling.
12.4. Subject to 12.2, 12.3, and 12.4 above, any exemption under 12.1 above shall
apply to the smallest Dwelling Unit, as determined by applicable rates under this
By-law.
13.
Rules with Respect to Credits for Services or Lot Levies
13.1. Section 17 of Ontario Regulation 82/98 as amended under the Development
Charges Act applies only to those owners who applied for and received credits
from the Township in 1999.
13.2. If an owner or a former owner has, before the coming into force of a
development charge by-law passed prior to the enactment of the Act, paid all or
any portion of a charge related to development pursuant to an agreement under
Section 51 or 53 of the Planning Act, or a predecessor thereof with respect to
land within which this By-law applies, the Treasurer may give credit in the
amount of a development-related levy if and when the owner provides written
proof of payment prior to the payment of a development charge under this By-
law.
13.3. In the event that the charge or levy related to the development in respect of
which a credit is available pursuant to the provisions of Subsection 13.1 or 13.2
was paid in connection with a particular service, the credit available shall not
exceed the amount of the component of the development charge for the
particular service payable under this By-law and no refunds shall apply.
13.4. A credit given under Subsection 13.1 or 13.2 shall not exceed the total
development charge payable by the owner.
13.5. The provisions of Section 40 of the Act shall apply to any credit given under
Subsection 13.1 of this By-law.
14.
Categories of Exempt Development
14.1. The following categories of development are hereby designated as being
exempt from the payment of development charges:
14.1.1. buildings or structures owned by and used for the purposes of the
Township or other municipality, or their local boards;
14.1.2. buildings or structures owned by a board of education and used for
school purposes pursuant to the Education Act, R.S.O. 1990, as
amended;
14.1.3. buildings or structures owned by and used for the purposes of a college
of applied arts and technology established pursuant to the Ministry of
Colleges and Universities Act, R.S.O. 1990, c. M.19;
14.1.4. buildings or structures owned by a religious organization and used for
the purposes of a place of worship;
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14.1.5. buildings or structures owned by and used for the purposes of a public
hospital; and
14.1.6. buildings or structures used for and devoted solely for accommodation of
temporary or seasonal agricultural labourers which may contain their
own culinary facilities and sanitary facilities, and which do not receive
municipal sanitary sewer or water supply services.
14.1.7. Land vested in or leased to a university that receives regular and
ongoing operating funds from the government for the purposes of post-
secondary education is exempt from development charges imposed
under the Development Charges Act, 1997 if the development in respect
of which development charges would otherwise be payable is intended
to be occupied and used by the university.
14.1.8. Non-profit Housing development.
14.1.9. Affordable housing units required pursuant to section 34 and 16(4) of the
Planning Act (Inclusionary Zoning).
14.1.10. Discounts for Rental Housing (for profit)
14.1.10.1. The D.C. payable for rental housing developments, where the
residential units are intended to be used as a rented residential
premises will be reduced based on the number of bedrooms in each
unit as follows:
14.1.10.1.1. Three or more bedrooms - 25% reduction
14.1.10.1.2. Two bedrooms - 20% reduction
14.1.10.1.3. All other bedroom quantities - 15% reduction
14.1.10.2. Other Exemptions (upon proclamation)
14.1.10.2.1. Once proclamation is received by the Lieutenant Governor, the
following shall be exempt from development charges:
14.1.10.2.1.1.
Affordable residential units; and
14.1.10.2.1.2.
Attainable residential units.
14.1.11. Exemption for Industrial Expansion
14.1.11.1. 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 in respect of the enlargement is determined in
accordance with the following:
(a) Subject to Section 8, if the gross floor area is enlarged by 50 per cent or
less of the lesser of:
i.
the gross floor area of the existing industrial building, or
By-law 2023-070
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ii. the gross floor area of the existing industrial building before the
first enlargement for which:
a) an exemption from the payment of development charges was
granted, or
b) a lesser development charge than would otherwise be payable
under this by-law, or predecessor thereof, was paid, pursuant to
Section 4 of the Act and this subsection, the amount of the
development charge in respect of the enlargement is zero;
(b) Subject to Section 8, if the gross floor area is enlarged by more than 50
per cent or less of the lesser of:
i.
the gross floor area of the existing industrial building, or
ii. the gross floor area of the existing industrial building before the
first enlargement for which:
a) an exemption from the payment of development charges was
granted, or
b) a lesser development charge than would otherwise be payable
under this by-law, or predecessor thereof, was paid, pursuant to
Section 4 of the Act and this subsection, the amount of the
development charge in respect of the enlargement is the amount
of the development charge that would otherwise be payable
multiplied by the fraction determined as follows:
i. determine the amount by which the enlargement exceeds 50 per
cent of the gross floor area before the first enlargement, and
ii. divide the amount determined under subsection (i) by the amount
of the enlargement.
c) For the purposes of calculating the extent to which the gross floor area of
an existing industrial building is enlarged in subsection 14.1.11 (b), the
cumulative gross floor area of any previous enlargements for which:
i. An exemption from the payment of development charges was
granted, or
ii. A lesser development charge than would otherwise be payable
under this by law, or predecessor thereof, was paid, pursuant to
Section 4 of the Act and this subsection, shall be added to the
calculation of the gross floor area of the proposed enlargement.
14.1.12. For the purpose of section 14.1.11, "existing industrial building" is used as
defined in the Regulation made pursuant to the Act.
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15.
Agricultural Uses
15.1. Agricultural uses as well as farm buildings and other ancillary development to
an agricultural use, excluding any residential uses, shall be exempt from the
provisions of this By-law.
16.
Temporary Buildings or Structures
16.1. Temporary buildings or structures shall be exempt from the provisions of this
By-law.
16.2. In the event that a temporary building or structure becomes protracted, it shall
be deemed not to be, nor ever to have been, a temporary building or structure,
and the development charges required to be paid under this By- law shall
become payable on the date the temporary building or structure becomes
protracted.
16.3. Prior to the Township issuing a building permit for a temporary building or
structure, the Township shall require an owner to enter into an agreement,
including the provision of security for the owner's obligation under the
agreement, pursuant to Section 27 of the Act providing for all or part of the
development charge required by Subsection 16.2 to be paid after it would
otherwise be payable. The terms of such agreement shall then prevail over the
provisions of this By-law.
17.
Rules with Respect to the Redevelopment of Land
17.1. Where there is a redevelopment of land on which there is a conversion of space
proposed, or on which there was formerly erected a building or structure that
has been demolished or removed, a credit shall be allowed against the
development charge otherwise payable by the owner pursuant to this By-law for
the portion of the building or structure still in existence that is being converted or
for the portion of the building or structure that has been demolished or removed,
as the case may be, calculated by multiplying the number and type of dwelling
units being converted or demolished or removed, or the non- residential gross
floor area being converted or demolished or removed, by the relevant
development charge in effect on the date when the development charge is
payable in accordance with this By-law. In the case of the conversion,
demolition or removal of non- residential space and redevelopment as a
residential or mixed use, the credit shall be calculated based on the non-
residential development charges in Schedule B of this By- law.
17.2. A credit in respect of any demolition or removal under this Section shall not be
given unless a building permit has been issued or a subdivision agreement has
been entered into with the Township for the development within 5 years from
the date the demolition permit was issued.
17.3. The amount of any credit hereunder shall not exceed, in total, the amount of the
development charges otherwise payable with respect to the redevelopment.
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18.
Interest
18.1. The Township shall pay interest on a refund under Subsection 18(3) and 25(2)
of the Development Charges Act, 1997 at a rate equal to the Bank of Canada
rate on the date this By-law comes into force.
19.
Front Ending Agreements
19.1. The Township may enter into agreement under Section 44 of the Act.
20.
Schedules
20.1. The following Schedules to this By-law form an integral part of this By-law.
Schedule 'A' Designated Services
Schedule 'B' Schedule of Residential and Non-residential Development Charges
Schedule 'C' Elmvale Water and Wastewater Service Area Charges Map
21.
By-law Registration
21.1. A certified copy of this By-law may be registered on title to any land to which
this By-law applies.
22.
Date By-law Effective
22.1. This By-law comes into force and takes effect on July 1, 2023.
23.
Date By-law Expires
23.1. This By-law expires December 31, 2031, unless rescinded earlier.
24.
Repeal
24.1. That Development Charge By-law 2018-045 and amending By-law
2021-117
are hereby repealed on the date this by-law comes into force.
25.
Headings for Reference Only
25.1. 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.
26.
Severability
26.1. If, for any reason, any provision, section, subsection or paragraph of this By-law
is held 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 or amended, in whole or in part or dealt with in any other way.
By-law 2023-070
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Read a First, Second and Third time and finally passed this 21st day of June, 2023.
______________________
Jennifer Coughlin, Mayor
______________________
Renée Ainsworth, Clerk
By-law 2023-070
Page 20 of 22
Schedule "A" to By-Law 2023-070
Designated Services
General Services:
- Services Related to a Highway
o Services Related to a Highway - Roads (complete streets)
o Services Related to a Highway - Traffic Signals and Streetlights
o Services Related to a Highway - Public Works
- Fire Protection Services
o Facilities
o Vehicles
o Small Equipment and Gear
- Parks and Recreation Services
o Parkland Development, Amenities, and Trails
o Recreation Facilities
- Library Services
o Facilities and Materials
Urban Services:
- Elmvale
o Water Services
o Wastewater Services
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Schedule "B" to By-Law 2023-070
Schedule of Residential and Non-residential Development Charges
Single and Semi-
Detached Dwelling
Other Multiples
Apartments - 2
Bedrooms +
Apartments -
Bachelor and 1
Bedroom
Special
Care/Special
Dwelling Units
(per sq.ft. of
Gross Floor
Area)
(per sq.m. of
Gross Floor
Area)
Township Wide Services/Class of Service:
Services Related to a Highway
7,610
5,508
4,237
2,762
2,527
3.43
36.92
Fire Protection Services
2,016
1,459
1,122
732
670
0.90
9.69
Parks and Recreation Services
10,078
7,294
5,611
3,658
3,347
1.59
17.11
Library Services
1,484
1,074
826
539
493
0.23
2.48
Total Township Wide Services/Class of Services
21,188
15,335
11,796
7,691
7,037
6.15
66.20
Urban Services
Elmvale
Water Services
1,245
901
693
452
413
0.60
6.46
Wastewater Services
12,125
8,775
6,751
4,400
4,027
5.80
62.43
Total Urban Services Elmvale
13,370
9,676
7,444
4,852
4,440
6.40
68.89
Total Township-wide
21,188
15,335
11,796
7,691
7,037
6.15
66.20
Total Elmvale
34,558
25,011
19,240
12,543
11,477
12.55
135.09
RESIDENTIAL
Service/Class of Service
NON-RESIDENTIAL
By-law 2023-070
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C:\Users\jmarshall\OneDrive - Corporation of the Township of Springwater\Documents\Agenda - June 21\By-laws\2023-070 Development Charges.docx
Schedule "C" To By-Law 2023-070
Elmvale Water and Wastewater Service Area Charges
Map