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CITY OF ST. CATHARINES
BY-LAW NO_d--D.;)-f - l'-f-o
A by-law to establish Development Charges for the City of St. Catharines.
WHEREAS the Development Charges Act, 1997, S.O. 1997, c. 27, (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;
AND WHEREAS a Development Charges Background Study has been completed
in accordance with the Act;
AND WHEREAS Council has before it a report entitled "City of St. Catharines
Development Charge Background Study" prepared by Watson & Associates
Economists Ltd. dated June 2, 2021;
AND WHEREAS Council has a report entitled "Addendum #1 to the June 2, 2021
Development Charges Background Study" prepared by Watson & Associates
Economists Ltd. dated September 3, 2021;
AND WHEREAS the Council of the Corporation of the City of St. Catharines has
given notice of and held a public meeting on the 14th day of June, 2021 in
accordance with the Act and the regulations thereto;
NOW THEREFORE the Council of the Corporation of the City of St. Catharines
hereby enacts as follows:
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1.0
DEFINITIONS
1.1
Meaning. In this by-law, the following definitions shall apply:
"Act" means the Development Charges Act, 1997, S.O. 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, but is not an ancillary residential building.
"Agricultural Farm" means use or intended use for bona fide farming purpose:
(a)
including, the growing of crops, nursery, greenhouse, and horticultural
crops; raising or stabling of livestock and other animals for food, fibre, fur,
including poultry and fish; aquaculture; apiaries; agro-forestry; maple
syrup production; uses and practices necessary to support the day-to-day
operation of the agriculture use and associated on farm buildings and
structures including accommodation for full time farm labour when the size
and nature of the operation requires additional employment;
(b)
but excluding, retail sales activities; including but not limited to
restaurants, banquet facilities, hospitality facilities and gift shops, services
related to grooming, boarding, or breeding of household pets, and
Cannabis Production Facilities.
"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 and includes Stacked Townhouse
Dwellings.
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"Back-to-Back Townhouse Dwelling" means a building containing more than two
Dwelling Units separated vertically by a common wall, including a rear common wall,
that do not have rear yards.
"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.
"Board of Education" has the same meaning as that specified in the Education Act,
R.S.O. 1990, c. E.2.
"Brownfield" means land located within the urban areas as defined in the Regional
Official Plan, upon which there has been previous agricultural, industrial,
institutional, or commercial or open lands use or other use as prescribed under the
Environmental Protection Act, R.S.O. 1990, c.E.19 and Ontario Regulation 153/04
thereto, and for which site remediation is required in accordance with a Phase 2
Environmental Site Assessment, and for which a Record of Site Condition has been
filed on the Province's Brownfields Environmental Site Registry pursuant to the
Environmental Protection Act, R.S.O. 1990, c.E.19 and Ontario Regulation 153/04
thereto.
"Building Permit" means a permit pursuant to the Building Code Act.
"Building Code Act" means the Building Code Act, 1992, S.O. 1992, c. 23.
"Cannabis Production Facilities" means a building, or part thereof, designed,
used, or intended to be used for one or more of the following: cultivation,
propagation, 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
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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.
"Calculation Date" means the date on which the first Building Permit is issued by
the local municipality, unless otherwise stipulated in the Act.
"Capital Cost" means costs incurred or proposed to be incurred by the City or a
Local Board thereof, directly or by others on behalf of and as authorized by the City
or Local Board,
(a)
to acquire land or an interest in land, including a leasehold interest;
(b)
to improve land;
(c)
to acquire, lease, construct or improve buildings and structures;
(d)
to acquire, construct or improve facilities including:
i.
furniture and equipment other than computer equipment;
ii.
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.4;and
111.
rolling stock with an estimated useful life of seven years or more; or
(e)
to undertake studies in connection with any matter under the Act and any
of the matters in clauses (a) to (d), including the Development Charges
background study required for the provision of services designated in this
by-law within or outside the City, including interest on borrowing for those
expenditures under clauses (a), (b), (c) and (d) that are growth- related.
"City" means The Corporation of the City of St. Catharines.
"Commercial Purpose" means used, designed, or intended for use for or in
connection with the purchase or sale or rental of commodities; the provision of
services for a fee; or the operation of a business office, and includes hotels and
motels.
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"Correctional Group Home" means a residential building or the residential portion
of a Mixed-use Building containing a single housekeeping unit supervised on a 24
hour basis on site by agency staff on a shift rotation basis, and funded wholly or in
part by an government or its agency, or by public subscription or donation, or by any
combination thereof, and licensed, approved or supervised by the Province of
Ontario as a detention or correctional facility under any general or special act and
amendments or replacement thereto. A correction group home may contain an office
provided that the office is used only for the operation of the correctional group home
in which it is located. A correctional group home shall not include any detention
facility operated or supervised by the Federal Government nor any correctional
institution or secure custody and detention facility operated by the Province of
Ontario.
"Council" means the Council of the City of St. Catharines.
"Detached Accessory Dwelling Unit" means a residential building that would be
ancillary to a detached dwelling, Semi-detached Dwelling, or Row Dwelling.
"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 size or usability thereof and includes
Redevelopment. Notwithstanding the foregoing, development does not include
Temporary Buildings or Structures permitted in accordance with the City's
Comprehensive Zoning By-law No. 2013-283, or permitted under a "temporary use
by-law" pursuant to section 39 of the Planning Act.
"Development Charge" means a charge imposed with respect to this by-law.
"Dwelling Room" means either:
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(a)
each Bedroom used, designed, or intended for use by one or more
persons living together in a Lodging Home, Student Residence, or
(b)
in the case of a Special Care/Special Dwelling Unit/room, each individual
room or suite of rooms used, designed, or intended for use by one or two
persons with or without exclusive sanitary or culinary facilities.
"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 Industrial Building" means a building or buildings existing on site in the
City of St. Catharines on January 1, 2022 or the first building constructed and
occupied on a vacant site pursuant to site plan approval under Section 41 of the
Planning Act subsequent to this by-law coming to effect for which full Development
Charges were paid, and is being used for or in conjunction with:
(a)
the production, compounding, processing, packaging, crating, bottling,
packing, or assembling of raw or semi-processed goods or materials in not
less than seventy-five percent of the total gross floor area of the building
or buildings on a site ("manufacturing") or warehousing related to the
manufacturing use carried on in the building or buildings;
(b)
research or development in connection with manufacturing in not less than
seventy-five percent of the total gross floor area of the building or
buildings on a site;
(c)
retail sales by a manufacturer, if the retail sales are at the site where the
manufacturing is carried out, such retail sales are restricted to goods
manufactured at the site, and the building or part of a building where such
retail sales are carried out does not constitute greater than twenty-five
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percent of the total gross floor area of the building or buildings on the site;
or
(d)
Office or administrative purposes, if they are,
i.
carried out with respect to manufacturing or warehousing; and
11.
in or attached to the building or structure used for such
manufacturing or warehousing.
"Farm Building" means that part of a bona fide farming operation encompassing
barns, silos, and other ancillary development to an agricultural farm, but excluding a
residential use, greenhouses and other buildings and structures used as Cannabis
Production Facilities and would include wholesale greenhouse facilities and
structures.
"Grade" means the average level of finished ground adjoining a building or structure
at all exterior walls.
"Gross Floor Area" means 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 other Dwelling Unit or other portion of a building;
In the case of a Non-residential Building or structure, or in the case of a Mixed-use
Building in respect of the non-residential portion thereof, the total area of all building
floors above or below Grade measured between the outside surfaces of the exterior
walls, or between the outside surfaces of exterior walls and the centre line of party
walls dividing a Non-Residential Use and a Residential Use, except for:
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(a)
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
service the building;
(b)
loading facilities above or below Grade; and
( c)
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.
"Group Home" means a residential building or the residential portion of a Mixed-use
Building containing a single housekeeping unit which may or may not be supervised
on a 24-hour basis on site by agency staff on a shift rotation basis, and funded
wholly or in part by any government or its agency, or by public subscription or
donation, or by any combination thereof and licensed, approved or supervised by the
Province of Ontario for the accommodation of persons under any general or special
act and amendments or replacements thereto. A group home may contain an office
provided that the office is used only for the operation of the group home in which it is
located.
"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.
"Industrial use" means land, buildings or structures used for or in connection with:
(a)
manufacturing, producing, assembly, and processing goods for a
commercial purpose, as well as storing or distribution of goods
manufactured, produced, or processed on site;
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(b)
research or development in connection with manufacturing, producing,
assembling, or processing good for a commercial purpose;
(c)
retail sales by a manufacturer, producer, or processor of goods they
manufactured, produced, assembled, or processed, if the retail sales are
at the site where the manufacturing, production or processing takes place;
(d)
office or administrative purposes if it is:
1.
carried out with respect to manufacturing, producing, processing,
assembly, storage or distributing of something; and
11.
in or attached to the building or structure used for that
manufacturing, producing, processing, assembling, storage, or
distribution.
"Institutional" means lands, buildings or structures used or designed or intended for
use by an organized body, society, or religious group for promoting a public or non-
profit purpose and offices where such uses are accessory to an Institutional use.
"Live/work Unit" means a unit which contains separate residential and non-
residential areas intended for both residential and Non-Residential Uses
concurrently, and shares a common wall or floor with direct access between the
residential and non-residential areas.
"Local Board" means a municipal service board, transportation commission, public
library board, board of health, police services board, 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 of one or more local municipalities or the Region, but excluding a Board
of Education, a conservation authority, any municipal services corporation that is not
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deemed to be a Local Board under Ontario Regulation 599/06 made under the
Municipal Act.
"Local Services" means those services, facilities or things which are under the
jurisdiction of the City 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.
"Lodging Home" means a boarding, lodging, or rooming house in which lodging is
provided for more than four persons in return for renumeration or for the provision of
services, or for both, and in which the lodging rooms do not have both bathrooms
and kitchen facilities for the exclusive use of individual occupants.
"Long Term Care Home" means homes, nursing homes or homes for the aged
where the Ministry of Health and Long-Term Care funds the care provided in such
homes and application for accommodation is made through a Community Care
Access Centre.
"Mixed-Use Building" means a building or structure used for two or more uses.
"Mobile Home" means any dwelling that is designed to be made mobile, and
constructed or manufactured to provide a permanent residence for one or more
persons, but does not include a travel trailer or tent trailer.
"Municipal Act" means the Municipal Act, 2001, S.O. 2001, c. 25.
"Non-industrial" means all buildings or structures not defined as Industrial.
"Non-Profit Housing Development" means development of a building or structure
intended for use as residential premises by:
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(a)
a corporation without share capital to which the Corporations Act, R.S.O.
1990, c. C.38 applies, that is in good standing under that Act and whose
primary object is to provide housing;
(b)
a corporation without share capital to which the Canada Not-for-profit
Corporations Act (S.C. 2009, c. 23) applies, that is in good standing under
that act and whose primary object is to provide housing; or
(c)
a non-profit housing co-operative that is in good standing under the Co
operative Corporations Act, R.S.O. 1990, c. C.35.
"Non-residential Building" means a building or structure used exclusively for Non
Residential Use, including the non-residential component of a Live/Work unit.
"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 and includes all
agricultural, commercial, industrial, and institutional uses.
"Other Multiple" means all residential units other than a single detached dwelling,
Semi-detached Dwelling, Apartment Unit, or a Special Care/Special Dwelling Unit,
including, but not limited to, Row Dwellings, Back-to-back Townhouse Dwelling, and
the residential component of Live/work Units.
"Official Plan" means the official plan adopted for the City, and approved.
"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.
"Redevelopment" means the construction, erection or placing of one or more
buildings on land where all or part of a building on such land has been previously
demolished, or changing the use of all or part of a building from a residential
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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.
"Region" means the Regional Municipality of Niagara.
"Regulation" means any regulation made pursuant to the Act.
"Rental Housing" means development of a building or structure with four or more
dwelling units all of which are intended for use as rented residential premises.
"Residential Dwelling" means a building, occupied or capable of being occupied as
a home, residence or sleeping place by one or more persons, containing one or
more Dwelling Units but not including motels, hotels, tents, truck campers, tourist
trailers, mobile camper trailers or boarding, lodging, or rooming houses.
"Residential Use" means land or buildings, or structures of any kind whatsoever
used, designed, or intended to be used as living accommodations for one or
more individuals.
"Row Dwelling" means a building containing three or more attached dwelling units
in a single row, each of which dwelling units has an independent entrance from the
outside and is vertically separated from any abutting dwelling unit.
"Semi-detached Dwelling" means a dwelling unit in a residential building consisting
of two Dwelling Units having one vertical wall or one horizontal walls, but no other
parts, attached or another Dwelling Unit where the residential units are not
connected by an interior corridor.
"Service" means those services designated in Schedule "A" to this by- law.
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"Single Detached Dwelling Unit" means a residential building consisting of one
principle dwelling unit and not attached to another structure and includes Mobile
Homes.
"Special Care/Special Dwelling" means a residence:
(a)
containing two or more Dwelling Rooms, which rooms have common
entrance from street level;
(b)
where the occupants have the right to use in common with other
occupants, halls, stairs, yards, common room, and accessory buildings;
and
(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
Lodging Homes, Long-term Care Homes, Student Residences, Group
Homes, Student Residence, and Hospices.
"Stacked Townhouse Dwelling" means a building containing more than two
dwelling units where each dwelling unit is separated horizontally or vertically from
another Dwelling Unit by a common wall or floor.
"Student Residence" means a Residential Development that is solely owned by a
University, college of applied arts and technology, or other accredited post-
secondary institution, designated or intended to be used for sleeping and living
accommodations by students of the university, college of applied arts and
technology, or other accredited post-secondary institution that owns the Residential
Development.
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"Temporary Building or Structure" means a Non-residential Building or structure
without a foundation which is constructed, erected, or placed on land for a
continuous period of time not exceeding three (3) years, or a like addition or
alteration to an existing building or an existing structure that has the effect of
increasing the usability thereof for a continuous period not exceeding three (3)
years.
"Use" means either residential use or non-residential use.
2.0
DESIGNATION OF SERVICES AND CLASSES
2.1
Categories of services. The categories of services and classes of services for
which development charges are imposed under this by-law are as follows:
(a)
Services Related to a Highway;
(b)
Public Works;
(c)
Transit Services;
(d)
Fire Protection Services;
(e)
Parks and Recreation Services;
(f)
Library Services;
(g)
Stormwater Drainage and Control Services;
(h)
Wastewater Services;
(i)
Water Services; and
U)
Growth Studies.
2.2
Services in Schedule "A". The components of the services and classes
designated in subsection 2.1 are described in Schedule A.
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3.0
APPLICATION OF BY-LAW
3.1
Applicable Charges. 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).
3.2
Areas in which by-law applies. Subject to subsection 3.3, this by-law applies to all
lands in the geographic area of the City of St. Catharines.
3.3
Non-application. This by-law shall not apply to lands that are owned by and used
for the purposes of:
(a)
The City of St. Catharines or a local board thereof;
(b)
A board as defined in section 1 ( 1) of the Education Act; or
(c)
The Region of Niagara or a local board thereof.
3.4
Approvals for development.
(a)
Development charges shall be imposed on all lands, buildings or
structures that are developed for residential or non-residential uses if the
development requires:
i.
the passing of a zoning by-law or of an amendment to a zoning by-
law under section 34 of the Planning Act;
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11.
the approval of a minor variance under section 45 of the Planning
Act;
iii.
a conveyance of land to which a by-law passed under subsection
50 (7) of the Planning Act applies;
iv.
the approval of a plan of subdivision under section 51 of the
Planning Act;
v.
a consent under section 53 of the Planning Act;
vi.
the approval of a description under section 50 of the Condominium
Act; or
vii.
the issuing of a permit under the Building Code Act, 1992 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 3.4(b), if two or more of the actions described in
subsection 3.4(a) occur at different times, additional development charges
shall be imposed if the subsequent action has the effect of increasing the
size or use.
3.5
Exemptions - Rules with respect to exemptions for intensification of existing
housing or new housing. Notwithstanding the provisions of this By-law,
development charges shall not be imposed with respect to developments or
portions of developments as follows:
(a)
the enlargement to an existing residential dwelling unit;
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(b)
the creation of one or two additional dwelling units in an existing single
detached dwelling, each of which contains a single dwelling unit, that are
not attached to other buildings, as long as the total gross floor area of the
additional dwelling unit or units are less than or equal to the gross floor
area of the dwelling unit already in the building;
(c)
the creation of one additional dwelling unit in an existing semi-detached
dwelling or row dwelling, each of which contains a single dwelling unit, that
have one or two vertical walls, but no other parts, attached to other
buildings, as long as the total gross floor area of the additional dwelling
unit is less than or equal to the gross floor area of the dwelling unit already
in the building;
(d)
the creation of additional dwelling units equal to the greater of one or 1 %
of the existing dwelling units in an existing residential rental building
containing four or more dwelling units;
(e)
the creation of one additional dwelling unit in any other existing residential
building not identified in b) to d) above, as long as the additional unit is
less than or equal to the gross floor area of the smallest dwelling unit
already in the building;
(f)
the creation of a second dwelling unit in prescribed classes of proposed
new residential buildings, including structures ancillary to dwellings,
subject to the following restrictions:
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3
Name of Class of
Item
Proposed New
Descnpbon ol Class of Proposed New
Restnctions
Residenbal Buildings
Resdential Buildings
Pr(()Osed re,
_ ·;,cne
o.,airw;s
3.5.1 Notwithstanding subsection 3.5(b), development charges shall be imposed
if the total gross floor area of the additional one or two units exceeds the
gross floor area of the existing dwelling unit.
3.5.2 Notwithstanding subsection 3.5(d), development charges shall be imposed
if the additional unit has a gross floor area greater than:
(a)
in the case of a semi-detached or row dwelling, the gross floor area
of the existing dwelling unit; and
(b)
in the case of any other residential building, the gross floor area of
the smallest dwelling unit already contained in the residential
building.
3.6
Exemptions for industrial development.
3.6.1 For the purpose of sections 3.6.2 to 3.7.3 inclusive, the term "existing
industrial building" shall have the same meaning as that term has in the
Regulation and shall not include self-storage or mini-storage facilities.
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3.6.2 Notwithstanding any other provision of this By-law, but subject to sections
3.7.2 and 3.7.3 below, no development charge is payable with respect to
the enlargement of the total floor area of an existing industrial building
where the total floor area is enlarged by 50 percent or less.
3. 7
Total floor area. If the total floor area of an existing industrial building is enlarged
by greater than 50 percent, the amount of the development charge payable in
respect of the enlargement is the amount of the development charge that would
otherwise be payable multiplied by the fraction determined as follows:
(a)
determine the amount by which the enlargement exceeds 50 percent of
the total floor area before the enlargement; and
(b)
divide the amount determined under subsection 3.7(a) by the amount of
the enlargement.
3.7.1 For greater certainty in applying the exemption in this section, the total
floor area of an existing industrial building is enlarged where there is a
bona fide increase in the size of the existing industrial building, the
enlarged area is attached to the existing industrial building, there is a
direct means of ingress and egress from the existing industrial building to
and from the enlarged area for persons, goods and equipment and the
existing industrial building and the enlarged area are used for or in
connection with an industrial purpose as set out in subsection 1 (1) of the
Regulation. Without limiting the generality of the foregoing, the exemption
in this section shall not apply where the enlarged area is attached to the
existing industrial building by means only of a tunnel, bridge, canopy,
corridor, or other passageway, or through a shared below-grade
connection such as a service tunnel, foundation, footing or parking facility.
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3.7.2 The exemption for an existing industrial building provided by this section
shall be applied up to a maximum of 50 percent of the total floor area
before the first enlargement for which an exemption from the payment of
development charges was granted pursuant to this By-law or any previous
development charges by-law of the City made pursuant to the Act or its
predecessor legislation. Development charges shall be imposed in
accordance with Schedule B with respect to the amount of floor area of an
enlargement that results in the total floor area of the industrial building
being increased by greater than 50 percent of the total floor area of the
existing industrial building.
3.7.3 For the purposes of this section, despite any new sites created which
result in an existing industrial building being on a site separate from its
enlargement or enlargements for which an exemption was granted under
this section, further exemptions, if any, pertaining to the existing industrial
building shall be calculated in accordance with section 3.7.2 on the basis
of its site prior to any division.
3.8
Other exemptions or reductions. Notwithstanding the provisions of this by-law,
Development Charges shall not be imposed with respect to:
(a)
Agricultural Farms and Farm Buildings;
(b)
Detached Accessory Dwelling Units are treated the same as attached
accessory dwelling units, as long as the accessory dwelling unit is no
larger than the smallest existing unit;
(c)
Entrance feature canopy, gas station canopy and drive-thru canopy; or
(d)
Land vested in or leased to a university that receives regular and ongoing
operating funds from the government for the purposes of post-secondary
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education is exempt from development charges imposed under the Act, if
the development in respect of which development charges would
otherwise be payable is intended to be occupied and used by the
university.
3.9
Reduction of development charges with respect to redevelopment and
conversion. Despite any other provision of this By-law, where, as a result of the
redevelopment of land, a building or structure existing on the same land within 3
years prior to the date of payment of development charges in regard to such
redevelopment was, or is to be demolished, in whole or in part, or converted from
one principal use to another principal use on the same land, in order to facilitate
the redevelopment, the development charges otherwise payable with respect to
such redevelopment shall be reduced by the following amounts:
(a)
in the case of a residential building or structure, or in the case of a mixed
use building or structure, the residential uses in the mixed-use building or
structure, an amount calculated by multiplying the applicable development
charge under subsection 3.8 of this by-law by the number, according to
type, of dwelling units that have been or will be demolished or converted
to another principal use; and provided that such amounts shall not
exceed, in total, the amount of the development charges otherwise
payable with respect to the redevelopment;
(b)
in the case of a non-residential building or structure or, in the case of
mixed-use building or structure, the non-residential uses in the mixed-use
building or structure, an amount calculated by multiplying the greater of
the applicable development charges under subsection 3.9 or the
calculated rate within the City of St. Catharines Development Charges
Background Study, December 21, 2020, by the gross floor area that has
been or will be demolished or converted to another principal use; provided
that such amounts shall not exceed, in total, the amount of the
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development charges otherwise payable with respect to the
redevelopment.
(c)
where demolition takes place on a Brownfield, an application may be
made to the City Treasurer for an extension of time for the redevelopment
credit of up to five additional years if the redevelopment has not been able
to proceed due to delays in completing the remediation works. This
application must be received prior to the expiry of this By-law. This
application will be considered by the City for approval.
(d)
Where an existing Building is converted in whole or in part from one use
(hereinafter referred to in this Section as the "First Use") to another use:
1.
the amount of Development Charges payable shall be reduced by
the amount, calculated pursuant to this By-law at the current
Development Charges rates in respect of the First Use;
ii. the First Use shall be the use as confirmed through the City's
Building Division and related permit records;
iii. for greater certainty, and without limiting the generality of the
foregoing, no credit shall be allowed where the converted Building
or part thereof would have been exempt pursuant to this By-law;
and
iv. the amount of any credit pursuant to this Section shall not exceed,
in total, the amount of the Development Charges otherwise payable
pursuant to this By-law with respect to the Redevelopment.
Notwithstanding the above, for any demolition permit issued from January 1, 2010 to
December 31, 2021. These shall be treated as if the demolition permit was issued
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on January 1, 2022 for the purpose of determining a demolition credit under the D.C.
By-law.
3.10
Grant programs - Industrial Grant Program. Notwithstanding the Non-Residential
Development Charges as outlined in Schedule B, for industrial development the
City shall, during the life of this by-law, maintain a grant program that shall be
used to provide a grant towards any non-residential charge payable in
accordance with Development Charge grant programs approved by the City.
3.11
Grant programs - Affordable Housing Developments. Notwithstanding the
Residential Development Charges as outlined in Schedule B, a grant program
related to affordable housing development shall be maintained by the City to
provide a grant towards any residential development charge payable, in
accordance with Development Charge grant programs approved by the City.
3.12
Grant programs - Urban Growth Centre. Notwithstanding the development
charges as outlined in Schedule B, a grant program applicable in the urban
growth centre shall be maintained by the City to provide a grant towards the
development charges payable in accordance with the Development Charge grant
programs approved by the City.
3.13
Charge amount - Residential. The development charges set out 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 uses in the mixed-use building
or structure, including the residential component of a live/work unit, according to
the type of residential unit, and calculated with respect to each of the services
according to the type of residential use.
3.14
Charge amount- Non-residential. The development charges described in
Schedule B to this By-law shall be imposed on non-residential uses of lands,
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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, including the non
residential component of a live/work unit, and calculated with respect to each of
the services according to the total floor area of the non-residential use.
3.15
Calculation date. Development charges imposed under this By-law are
calculated, payable, and collected upon issuance of the first building permit for
the development.
3.16
Due and payable for rental housing and institutional developments.
Notwithstanding subsections 3.15, development charges for rental housing and
institutional developments are due and payable in 6 installments commencing
with the first installment payable on the date of occupancy, and each subsequent
installment, including interest as provided in the City's Council approved
development charge interest policy, as may be revised from time to time.
3.17
Due and payable for non-profit housing developments. Notwithstanding
subsections 3.15, development charges for non-profit housing developments are
due and payable in 21 installments commencing with the first installment payable
on the date of occupancy, and each subsequent installment, including interest as
provided in the City's Council approved development charge interest policy, as
may be revised from time to time.
3.18
Transition period - approvals. Where the development of land results from the
approval of a site plan or zoning by-law amendment received on or after January
1, 2020, and the approval of the application occurred within two years of building
permit issuance, the development charges under subsections 3.13 and 3.14 shall
be calculated on the rates set out in Schedule "B" on the date of the planning
application, including interest. Where both planning applications apply
development charges under subsections 3.13 and 3.14 shall be calculated on the
rates, including interest as provided in the City's Council approved development
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charge interest policy, as may be revised from time to time, payable on the
anniversary date each year thereafter, set out in Schedule "B" on the date of the
later planning application, including interest.
3.19
Transition period - applications. Notwithstanding section 3.18, any site plan or
zoning by-law amendment application received between January 1, 2017 and
December 31, 2019, shall be treated as if it was applied for on January 1, 2020,
subject to building permit issuance being no later than January 1, 2023.
3.20
Agreements. Despite sections 3.15 to 3.19, and in accordance with section 27 of
the Act, the City 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 it
would otherwise be payable.
4.0
ALTERNATIVE PAYMENT AGREEMENTS
4.1
Building permits. The Chief Building Official or his or her designate shall withhold
the issuance of a building permit in relation to a building on land to which the
development charge applies unless the development charge has been paid.
4.2
Occupancy permit. Notwithstanding section 4.1, in the case of installment
payments for development charges related to rental housing, non-profit housing
or institutional development, the Chief Building Official or his or her designate
shall withhold the issuance of an occupancy permit in relation to a building on
land to which the development charge applies unless the first installment of the
development charge has been paid.
4.3
Agreements. Notwithstanding section 4.1 or 4.2, the City may enter into an
agreement under section 27 of the Act, in a form and having content satisfactory
to the City's solicitor and having content satisfactory to the Treasurer, with any
person who is required to pay a development charge providing for all or any part
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of the development charge to be paid before or after it would otherwise be
payable.
5.0
PAYMENT BY SERVICES
5.1
Method of payment. Payment of development charges shall be by cash, debit,
bank draft or certified cheque or as otherwise approved at the sole discretion of
the Treasurer.
5.2
Alternative payment. In the alternative to payment by the means provided in
section 5.1 herein, the City may, by a written agreement entered into with the
owner, accept the provision of services in full or partial satisfaction of the
development charges otherwise payable.
5.3
Local services. Nothing in this By-law prevents the City from requiring, as a
condition of any approval given under the Planning Act, that the owner, at the
owner's expense, install such Local Services as the City may require or that local
connections to storm drainage facilities be installed at the Owner's expense.
5.4
Refund or credit. Any refund or credit required to be given by the City to an
owner shall be in relation to a service as per subsection 39( 1) of the Act. The City
may agree by agreement to provide a credit in relation to another service as per
subsection 39(3) of the Act or may provide for another basis for recovery.
5.5
Debt owed to city. If development charges or any part thereof payable pursuant
to this By-law remain unpaid after such charges are payable, the amount unpaid
shall be added to the tax roll and shall be collected in the same manner as taxes.
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6.0
INDEXING
6.1
Index. Development charges imposed pursuant to this by-law shall be adjusted
annually on January 1st of each year, without amendment to this by-law in
accordance with the Act, beginning on January 1, 2022, in accordance with the
index prescribed in Ontario Regulation 82/98 made under the Act, as per the
Statistics Canada's Non-Residential Building Construction Price Index for the
City of Toronto, for the most recent available data for the preceding quarter.
7.0
GENERAL
7.1
Severability. If any provision or part of a provision of this by-law is declared by
any court or tribunal of competent jurisdiction to be illegal or inoperative, in whole
or in part, or inoperative in particular circumstances, the balance of the by-law, or
its application in other circumstances, shall not be affected and shall continue to
be in full force and effect.
7.2
Singular and plural. In this by-law, unless the contrary intention is indicated,
words used in singular shall include the plural and words used in the male
gender shall include the female gender and vice versa.
7.3
And/or. The word "and" is an inclusive conjunction, the use of which indicates
that all items or phrases in that subsection, article, or list in which it appears are
permitted or required as the case may be. The word "or" is an alternate
conjunction, the use of which indicates that alternate or optional items or phrases
in the subsection, article or list in which it appears are permitted or required, as
the case may be; however, notwithstanding the foregoing, where the context
permits, the word "or" may also be an inclusive conjunction having the same
meaning as the word "and".
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7.4
Amendments and successors. Any reference to legislation in this by-law includes
the legislation referred to and its amendments as well as any subsequent
legislation which may replace the legislation referred to, and its amendments
thereto.
7.5
Headings. Headings do not form a part of this by-law, they are included only for
ease of reference and convenience.
8.0
SCHEDULES
8.1
The following schedules to this by-law form an integral part thereof:
-
Schedule A - Components of Services Designated in subsection 2.1
-
Schedule B - Residential and Non-Residential Development Charges
-
Schedule C - Map Denoting Urban Serviced Boundary for which full
Development Charges are imposed.
9.0
DATE BY-LAW IN FORCE
9.1
Effective date. This By-law shall come into force on the 1st day of January, 2022.
10.0
DATE BY-LAW EXPIRES
10.1
Expiration date. This By-law will expire on the 1st day of January, 2027 unless it
is repealed at an earlier date.
Read and passed this
{'771-1 day of ~f¢ 2021.
~
CLERK
281 Pag e
Schedule "A"
To By-law No.;)..O~l-I4-0
Components of Services and Classes of Services Designated in Subsection 2.1
Development Charges - Eligible Services:
Services Related to a Highway
Roads and Related Infrastructure
Fire Protection Services
Fire Facilities
Fire Vehicles
Fire Small Equipment and Gear
Parks and Recreation Services
Parkland Development
Parkland Amenities
Park Trails
Parks and Recreation Vehicles and Equipment
Recreation Facilities
Library Services
Library Facilities
Library Vehicles
Library Collection Materials
Transit Services
Transit Facilities
Transit Vehicles
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Stormwater Services
Channels, Drainage and Ponds
Wastewater Services
Distribution System
Water Services
Collection System
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Schedule "A"
To By-law No.d--Dd-J -14-o
Components of Services and Classes of Services Designated in Subsection 2.1
Development Charges - Eligible Classes:
Public Works
Facilities
Vehicles and Equipment
Growth Studies
Services Related to a Highway
Water Services
Wastewater Services
Stormwater Services
Fire Protection Services
Parks and Recreation Services
Library Services
Transit Services
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Service/Class of Service
Municipal Wide Services:
Ser.ices Related to a Highway
Public Works
Transit Ser.ices
Fire Protection Ser.ices
Parks and Recreation Ser.ices
Library Ser.ices
Growth Studies
Total Municipal Wide Services/Class of
Services
Urban Services
Stormwater Drainage and Control Ser.ices
Wastewater Ser.ices
Water Ser.ices
Total Urban Services
GRAND TOTAL RURAL AREA
GRAND TOTAL URBAN AREA
Single and Semi-
Detached Dwelling
611
2
674
524
6,682
755
608
9,856
109
132
35
276
9,856
10,132
Other Multiples
448
1
494
384
4,902
554
446
7,229
80
97
26
203
7,229
7,432
Schedule "B"
To By-law No~ l-14-D
Schedule of Development Charges
RESIDENTIAL
Apartments -
Special
Apartments- 2
Bachelor and 1
Care/Special
Bedrooms+
Bedroom
Dwelling Units
444
303
229
1
1
1
489
334
253
380
260
197
4,852
3,316
2,507
548
375
283
441
302
228
7,155
4,891
3,698
79
54
41
96
66
50
25
17
13
200
137
104
7,155
4,891
3,698
7,355
5,028
3,802
NON-RESIDENTIAL
(per sq.ft. of
(per sq .m. of
Gross Floor
Gross Floor
Area)
Area)
0.33
3.55
0.00
0.00
0.39
4.20
0.28
3.01
0.41
4.36
0.04
0.43
0.35
3.77
1.80
19.32
0.15
1.61
0.07
0.75
0.02
0.22
0.24
2.58
1.80
19.32
2.04
21.90
Schedule "C"
To By-law No . .;lOd-1 - I L/--o
Map Denoting Urban Serviced Boundary for which full Development Charges are
Imposed
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