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THE CORPORATION OF THE CITY OF ST. THOMAS
BY-LAW NUMBER 141 -2020
A by-law to establish development charges for the Corporation of the City of St.
Thomas -- Northwest Area 1
WHEREAS subsection 2(1) of the Development Charges Act, 1997 c. 27 (hereinafter
called "the Act") provides that the Council of a municipality may pass By-laws for the
imposition of development charges against land for increased capital costs required
because of the need for services arising from development in the area to which the by-law
applies;
AND WHEREAS the Council of The Corporation of the City of St. Thomas ("City of St.
Thomas") gave Notice in accordance with Section 12 of the Development Charges Act,
1997, of its intention to pass a by-law under Section 2 of the said Act;
AND WHEREAS the Council of the City of St. Thomas has heard all persons who applied to
be heard no matter whether in objection to, or in support of, the development charge
proposa! at a public meeting held on October 719, 2020;
AND WHEREAS by resolution adopted by the Council of the City of St. Thomas on
November 2, 2020, determined that no additional public meeting was required under Section
12 of the Act;
AND WHEREAS the Council of the City of St. Thomas had before it a report entitled
Development Charges Background Study dated April 15, 2020, as amended on September
15, 2020 and October 13, 2020, wherein It is indicated that the development of any land
within the City of St. Thomas will increase the need for services as defined herein;
AND WHEREAS the Council of the City of St. Thomas on November 2, 2020, approved the
applicable Development Charges Background Study, in which certain recommendations
were made relating to the establishment of a development charge policy for the City of St.
Thomas pursuant to the Development Charges Act, 1997;
AND WHEREAS by resolution adopted by Council of the City of St. Thomas on November 2,
2020, Council has indicated Its intent that the future excess capacity identified in the
Development Charges Background Study, dated April 15, 2020, as amended on September
15, 2020 and October 13, 2020 shall be paid for by development charges or other similar
charges.
NOW THEREFORE THE COUNCIL OF THE CITY OF ST. THOMAS ENACTS AS
FOLLOWS: DEFINITIONS
1. In this by-law,
(1) "Accessory Use" means that the use, building or structure or part thereof is
naturally and normally incidental to or subordinate in purpose or both, and
exclusively devoted to a principaluse, building or structure;
(2) "Act" means the Development Charges Act, 1997, c. 27;
(3) "Administration Service" means any and all studies carried out by the municipality
which are with respect to eligible services for which a development charge by-law
may be imposed under the Development Charges Act, 1997.
(4) "Agricultural use" means a bona fide farming operation;
(5) "Apartment dwelling" means any dwelling unit within a building containing more
than four dwelling unts where the units are connected by an interior corridor.
Despite the foregoing, an apartment includes stacked townhouse dwellings;
(6) "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;
(7) "Board of education" means a board defined in s.s. 1(1) of the Education Act,
R.S.O. 1990, c.E.2;
(8) "Building Code Act" means the Building Code Act, R.S.O. 1992, c.23;
(9) "Capital cost" means costs incurred or proposed to be incurred by the municipality
or a local board thereof directly or by others on behalf of, and as authorized by, the
municipality or local board,
(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 or structures
(d) to acquire, lease, construct or improve facilities including,
i. rofling stock with an estimated useful life of seven years or more,
ii. furniture and equipment, other than computer equipment, and
iii. material 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
(e) to undertake studies in connection with any of the matters referred to in
clauses (a) to (d);
(f) to complete the development charge background study under Section 10 of
the Act;
(g) interest on money borrowed to pay for costs in (a) to (d); required for
provision of services designated in this by-law within or outside the
municipality;
(10) "Council! means the Council of The Corporation of the City of St. Thomas;
(11) "Commercial" means a building used for any use other than for residential,
institutional or industrial uses, and includes self-storage facilities;
(12) "Development" means any activity or proposed activity in respect of land that
requires one or more of the actions referred to in section 6 of this by-law and
including the redevelopment of land or the redevelopment, expansion, extension or
alteration of a use, building or structure except interior alterations to an existing
building or structure which do not change or intensify the use of land;
(13) "Development charge" means a charge imposed pursuant to this By-law;
(14) "Dwelling unit" means a room or suite of rooms used, or designed or intended for
use by, one person or persons living together, in which culinary and sanitary
facilities may be provided for the exclusive use of such person or persons,
including time share units;
(15) "Farm building" means that part of a bona fide farm operation encompassing
barns, silos, and other ancillary development to an agricultural use, but excluding a
residential use;
(16) "Gross floor area" means the total floor area measured from the exterior face of
outside walls, or between the outside of exterior walls and the centre line of party
walls dividing the building from another building, including basements,
mezzanines, and upper floors;
(17) "Industrial Use" means lands, buildings or structures used or designed or intended
for use for manufacturing, processing, fabricating or assembly of raw goods,
warehousing or bulk storage of goods, excluding self-storage facilities and
including office uses and the sale of commodities to the general public where such
uses are accessory to an industrial use;
(18) "Institutional" means land, buildings, structures or any part thereof used by any
organization, group or association for promotion of charitable, educational or
benevolent objectives and not for profit or gain. For the purposes of s.s.7(2)
herein, means development of a building or structure intended for use,
(a) as along-term care home within the meaning of subsection 2 (1) of the
Long-Term Care Homes Act, 2007;
(b) as aretirement home within the meaning of subsection 2 (1) of the
Retirement Homes Act, 2010;
(c) by any of the following post-secondary institutions for the objects of the
institution:
i. a university in Ontario that receives direct, regular and ongoing
operating funding from the Government of Ontario,
ii. | acollege or university federated or affiliated with a university described
in subclause (i), or
iii. | an indigenous Institute prescribed for the purposes of section 6 of the
Indigenous Institutes Act, 2017;
(d) as amemorial home, clubhouse or athletic grounds by an Ontario branch of
the Royal Canadian Legion; or
(e} asa hospice to provide end of life care;
(19) "Local board" means a public utility commission, public library board, local board of
health, or any other board, commission, committee or 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 the municipality or any part or parts
thereof;
(20) "Local services" means those services or facilities 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, required as a condition of approval under s.51 of the
Planning Act, or as a condition of approval under s.53 of the Planning Act;
(21) "Multiple dwelling" means ali dwellings other than single detached dwellings, semi-
detached dwellings, apartment dwellings and residential care dwellings;
(22) Municipality" means The Corporation of the City of St. Thomas;
(23) "Non-residential uses" means a building or structure used for other than a
residential use;
(24) "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;
(25) "Planning Act" means the Planning Act, 1990, R.S.O. 1990, c.P.13 as amended;
(26) "Regulation" means any regulation made pursuant to the Act;
(27) "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;
(28) "Residential care dwelling" means a building used for a rest home, nursing home,
group home, residential care facility, and other similar residential occupancies;
(29) "Residential uses" means lands, buildings or structures or portions thereof used, or
designed or intended for use as a home or residence of one or more individuals,
and shall include a single detached dwelling, a semi-detached dwelling, a multiple
dwelling, an apartment dwelling, a residential care dwelling, and the residential
portion of a mixed-use building or structure;
(30) "Semi-detached dwelling" means a building that is divided vertically into two
dwelling units each of which has an independent entrance or an entrance through
a common vestibule and which building has no access directly between the two
units;
(31) "Services" means services or classes of service set out in Schedule "A" to this By-
law;
(32) "Single detached dwelling" means a completely detached building containing only
one dwelling unit; and
(33) "Stacked townhouse dwelling" means two townhouse dwellings, one on top of each
other;
2. Calculation of Development Charges
(1) Subject to the provisions of the By-law, development charges against land shall be
imposed calculated and collected in accordance with the base rates set out in
Schedule "B', which relate to the services set out in Schedule "A"
(2) The development charge with respect to the uses of any land, building or structure
shall be cafculated as follows:
(a) in the case of residential development or redevelopment, or the residential
portion of a mixed use development or redevelopment, as the sum of the
product of the number of dwelting units of each type multiplied by the
corresponding total amount for such dwelling unit type, as set out in
Schedule "B";
(b) in the case of non-residential development or redevelopment, or the non-
residential portion of a mixed use development or redevelopment, as the
sum of the product of the gross floor area multiplied by the corresponding
total amount for such gross floor area as set out in Schedule "B".
(3) Council hereby determines that the development or redevelopment of land,
buildings, or structures for residential and non-residential uses will require the
provision, enlargement or expansion of the services referenced in Schedule "A".
Phasing of Development Charges
3. No phasing of the development charges imposed pursuant to this by-law are
proposed.
4. Applicable Lands
(1) Subject to Section 5, this by-law applies to all lands in the municipality, whether or
not the land or use is exempt from taxation under Section 3 of the Assessment Act,
R.S.0.1990, ¢.A.31.
(2) This by-law shall not apply to land that is owned by and used for the purposes of:
(a) aboard of education;
(b) any municipality or local board thereof;
(c) a hospital under the Public Hospitals Act;
(d) acollege or university;
(e) acemetery or place of worship;
(f) an industrial use; and
(g) 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:
Name of Class of Description of Class of Proposed New
Proposed New Residential Buildings
Residential Buildings
1. Proposed new detached | Proposed new residential buildings that would =| The proposed new detached dwelling
dwellings nat be attached to other buildings and that are | must only contain two dwelling units.
permitted to contain a second dwelling unit, that
being either of the two dwelling units, if the The proposed new detached dwelling
units have the same gross floor area, or the must be located on a parcel of land on
smaller of the dwelling units. which no other detached dwelling, semi-
detached dwelling or row dwelling would
be located.
Proposed new semi- Proposed new residential buildings that would | The proposed new semi-detached
detached dwellings or have one or two vertical walls, but no other dwelling or row dwelling must only contain
row dwellings parts, attached to other buildings and that are =| two dwelling units.
permitted to contain a second dwelling unit, that
being either of the two dwelling units, if the The proposed new semi-detached
units have the same gross floor area, or the dwelling or row dwelling must be located
smaller of the dwelling units. on a parca of land on which no other
detached dwelling, semi-detached
dwelling or row dwelling would be located.
Proposed new Proposed new residential buildings that would + | The proposed new detached dwelling,
residential buildings that | be ancillary to a proposed new detached semi-detached dwelling or row dwelling,
would be ancillary toa | dwelling, sami-detached dwelling or row to which the proposed new residential
proposed new detached | dwelling and that are permitted to contain a building would be ancillary, must only
dwelling, semi-detached | single dwelling unit. contain one dwelling unit.
dwelling or row dwelling
The gross floor area of the dwelling unit in
the proposed new residential building
must be equal to or less than the gross
floor area of the detached dwelling, semi-
detached dwelling or row dwelling to
which the proposed new residential
building is ancillary.
5. Rules with Respect to Exemptions for Intensification of Existing
Housing
(1) Notwithstanding Section 4 above, no development charge shall be imposed with
respect to developments or portions of developments as follows:
(a) the enlargement of an existing residential dwelling unit;
(b) the creation of one or two additional residential dwelling units in an existing,
or ancillary to, a single detached dwelling where the total gross floor area of
the additional unit(s) does not exceed the gross floor area of the existing
dwelling unit;
(c) the creation of one additional dwelling unit in any other existing residential
building or ancillary structures provided the gross floor area of the additional
unit does not exceed the smallest existing dwelling unit already in the
buiiding;
(2) Notwithstanding subsection 5(1){b), development charges shall be calculated and
collected in accordance with Schedule "B" where the total residential gross floor
area of the additional one or two dwelling units is greater than the total gross floor
area of the existing single detached dwelling unit.
(3) Notwithstanding subsection 5(1)(c), development charges shall be calculated and
collected in accordance with Schedule "B" where the additional dwelling unit has a
residential gross floor area greater than,
(a) in the case of semi-detached house or multiple dwelling, the gross floor area
of the existing dwelling unit, and
(b) in the case of any other residential building, the residential gross floor area
of the smallest existing dwelling unit.
6. Development Charges Imposed
(1) Subject to subsection (2), development charges shall be calculated and collected
in accordance with the provisions of this by-law and be imposed on land to be
developed for residential and non-residential uses, where, the development
requires,
(a) the passing of a zoning by-law or an amendment thereto under Section 34
of the Planning Act;
(b) -- the approval of a minor variance under Section 45 of the Planning Ac;
(c) | aconveyance of land to which a by-law passed under subsection 50(7) of
the Planning Act applies;
(d) the approval of a plan of subdivision under Section 51 of the Planning Act;
(e) aconsent under Section 53 of the Planning Act;
(f) the approval of a description under Section 9 of the Condominium Act,
R.S.O. 1998, $.0.1998, c.19; or
(g) the issuing of a permit under the Building Code Act, in relation to a building
or structure.
(2) Subsection (1) shall not apply in respect to
(a) local services installed or paid for by the owner within a plan of subdivision
or within the area to which the plan relates, as a condition of approval under
Section 51 of the Planning Act;
(b) local services installed or paid for by the owner as a condition of approval
under Section 53 of the Planning Act.
Local Service Installation
7. Nothing in this by-law prevents Council from requiring, as a condition of an agreement
under Section 51 or 53 of the Planning Act that the owner, at his or her own expense,
shall install or pay for such local services, within the Plan of Subdivision or within the
area to which the plan relates, as Council may require.
8. Multiple Charges
(1) Where two or more of the actions described in subsection 6(1) are required before
land to which a development charge applies can be developed, only one
development charge shall be calculated and collected in accordance with the
provisions of this by-law.
(2) Notwithstanding subsection (1), if two or more of the actions described in
subsection 6(1) occur at different times, and if the subsequent action has the effect
of Increasing the need for municipal services as set out in Schedule "A", an
additional development charge on the additional residential units and additional
gross floor area shall be calculated and collected In accordance with the provisions
of this by-law.
9. Services in Lieu
(1) Council may authorize an owner, through an agreement under Section 38 of the
Act, to substitute such part of the development charge applicable to the owner's
development as may be specified in the agreement, by the provision at the sole
expense of the owner, of services in lieu. Such agreement shall further specify that
where the owner provides services in lieu in accordance with the agreement,
Council shall give to the owner a credit against the development charge in
accordance with the agreement provisions and the provisions of Section 39 of the
Act, equal to the reasonable cost to the owner of providing the services in lieu. In
no case shall the agreement provide for a credit which exceeds the total
development charge payable by an owner to the municipality in respect of the
development to which the agreement relates.
(2) In any agreement under subsection (1), Council may also give a further credit to
the owner equal to the reasonable cost of providing the services in addition to, or
of a greater size of capacity, than would be required under this by-law.
(3) The credit provided for in subsection (2) shall not be charged to any development
charge reserve fund.
Rules with Respect to Redevelopment
10.In the case of the demolition or conversion of all or part of a residential or non-residential
building or structure:
(1) accredit shall be allowed, provided that the land was improved by occupied
structures (or structures capable of occupancy) within the five years prior to the
issuance of the building permit, and the building permit has been issued for the
development or redevelopment within five years from the date the demolition or
change of use permit has been issued; and
(2) if a development or redevelopment involves the demolition of and replacement of a
building or structure or conversion of a building or structure, a credit shall be
allowed equivalent to:
(a) _ in the case of residential redevelopment, the number of dwelling units
demolished or converted multiplied by the applicable residential
development charge in place at the time the development charge is payable,
(b) _ in the case of non-residential, the amount of gross floor area dernolished or
converted multiplied by applicable development charge in place at the time
the development charge is payable.
(3) Acredit can, in no case, exceed the amount of the development charge that would
otherwise be payable, and
(4) (2) No credit is available for the redevelopment of an industrial use.
11. Timing and Calculation of Payment
(1) Development charges shall be calculated and payable in full in money or by
provision of services as may be agreed upon, or by credit granted under the Act,
on the date that the first building permit is issued in relation to a building or
structure on land to which a development charge applies.
(2) Where development charges apply to land in relation to which a building permit is
required, the building permit shall not be issued until the development charge has
been paid in full.
(3) Notwithstanding Subsections 11.(1), the development charges shall be payable
with respect to an approval of a plan of subdivision upon registration of the plan of
subdivision.
(4) Notwithstanding Subsections 11.(1), 11.(2)and 11.(3), 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, payable on the
anniversary date each year thereafter.
(5) Notwithstanding Subsection 11.(1), 11.(2) and 11.(3), 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, payable on the anniversary date each
year thereafter;
(6) 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 2 years of building permit issuance, the Development
Charges under Subsections 11.(1), 11.(2), 41.(3), 11.(4}, and 11.(5) shall be
calculated on the rates set out in Schedule "A" on the date of the planning
application, including interest. Where both planning applications apply
Development Charges under Subsections 11.(1), 11.{2}, 11.(3), 11.(4), and 11.(5)
shall be calculated on the rates, including interest, set out in Schedule "B" on the
date of the later planning application, including interest.
(7) Interest for the purposes of Subsections 11.(3), 11.(4), and 11.(5), interest shall be
determined as the prime lending rate.
12.Reserve Funds
(1) Monies received from payment of development charges under this by-law shall be
maintained in separate reserve funds as per the listing of services is Schedule "A".
(2) Where more than one capital project underlying the service category referred to in
subsection (1) has been sufficiently completed, whether at the same time or at a
later date, reimbursement to the involved parties will be provided on the
proportionate basis of the costs of the works completed. In order for capital
projects to be deemed sufficiently complete, the works will be subject to review and
approval of the Director, Environmental Services & City Engineer.
(3) Monies received for the payment cf development charges shall be used only in
accordance with the provisions of Section 35 of the Act.
(4) Where any development charge, or part thereof, remains unpaid after the due
date, the amount unpaid shall be added to the tax roll and shali be collected as
taxes.
(5) Where any unpaid development charges are collected as taxes under subsection
(4), the monies so collected shall be credited to the development charge reserve
funds referred to in subsection (1).
(6) The Treasurer of the Municipality shall, in each year, furnish to Council a statement
in respect of the reserve funds established hereunder for the prior year, containing
the information set out in Section 12 of 0.Reg. 82198.
(7) The Wastewater Services (UEA 4B Only) Reserve Fund has been established to
replace a section of wastewater sewer at the intersection of Fairview Avenue and
Axford Parkway which may not be required. If the replacement of the sewer is not
require, subject to the review and approval of the Director, Environmental Services,
& City Engineer, then the monies collected to date in the fund shall be refunded to
the contributing developer(s) with interest in accordance with Section 13(2) of the
By-Law
13.By-Law Amendment or Appeal
(1) Where this by-law or any development charge prescribed hereunder is amended or
repealed either by order of the Ontario Municipal Board or by resolution of the
Municipal Council, the Municipal Treasurer shall calculate forthwith the amount of
any overpayment to be refunded as a result of said amendment or repeal.
(2) Refunds that are required to be paid under subsection (1) shall be paid with
interest to be calculated as follows:
(a) Interest shall be calculated from the date on which the overpayment was
collected to the date on which the refund is paid;
(b) The Bank of Canada interest rate in effect on the date of enactment of this
by-law shall be used.
(3) Refunds that are required to be paid under subsection (1) shall include the interest
owed under this section.
By-Law indexing
14. The development charges set out in Schedule "B" to this by-law shall be adjusted
annually on April 1st, without amendment to this by-law, in accordance with the most
recent twelve month change in the Statistics Canada Non-Residential Building
Construction Price Index for Toronto"
Severability
15.In the event any provision, or part thereof, of this by-law is found by a court of competent
jurisdiction to be ultra vires, such provision, or part thereof, shall be deemed to be
severed, and the remaining portion of such provision and all other provisions of this by-
law shall remain in full force and effect.
Headings for Reference Only
16. The headings inserted in this by-law are for convenience of reference only and shall not
affect the construction of interpretation of this by-law.
By-Law Registration
17.A certified copy of this by-law may be registered on title to any land to which this by-law
applies.
By-Law Administration
18. This by-law shall be administered by the Municipal Treasurer.
Schedules to the By-Law
19. The following Schedules to this by-law form an integral part of this by-law:
Schedule "A" -- Designated Municipal Services
Schedule "B" -- Schedule of Area-Specific Development Charges
Schedule "C" Map of Northwest Areas 1
Date By-law Effective
20. This By-law shall come into force and effect on November 3, 2020.
Date By-Law Expires
21. This by-law will expire five years after the effective date of this by-law, unless it is
repealed by Council at an earlier date.
Short Title
22. This by-law may be cited as the "City of St. Thomas Development Charge By-law --
Northwest Area 1, 2020."
Passed by the Council this 2nd day of November, 2020.
Original signed by "Joe Preston" Original signed by "Maria Konefal"
Mayor City Clerk
SCHEDULE "A"
TO BY-LAW XX-2020
DESIGNATED SERVICES/CLASSES OF SERVICES UNDER THIS BY-LAW
e Roads
e Wastewater
e Water
e Administration
SCHEDULE "B"
TO BY-LAW 141-2020
SCHEDULE OF DEVELOPMENT CHARGES FOR THE NORTHWEST AREA 1
RESIDENTIAL
Service Single and Semi- Apartments - 2 Apartments - . Residential Care
Detached Dwelling Bedrooms + cele sche | ii elidis23 (per bed)
Bedroom
Northwest Area 1
Roads 1,587 995 637 1,273 644
Wastewater 3,637 2,280 1,461 2,918 1,475
Water 3,356 2,104 1,348 2,693 1,361
Administration 234 147 94 188 95
Total-Northwestaeat Tees || mo] rare] CC
SCHEDULE "C"
TO BY-LAW 141-2020
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