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BY-LAW NUMBER 41-2022
OF
THE CORPORATION OF THE CITY OF STRATFORD
BEING a By-law to establish development charges for The
Corporation of the City of Stratford and to repeal By-law 45-
2017.
WHEREAS the Development Charges Act 1997, S.O. 1997, Ch. 27 (the "Act")
authorizes municipalities to pass by-laws in order to impose development charges
against land to pay for increased capital costs required because of increased needs for
services arising from development of the area;
AND WHEREAS The Corporation of the City of Stratford has completed a development
charges background study in compliance with section 10 of the Act, in support of the
imposition of development charges;
AND WHEREAS the Council of The Corporation of the City of Stratford intends to
ensure that the increase in the need for services attributable to anticipated
development will be met;
AND WHEREAS the Council of The Corporation of the City of Stratford intends that the
future increased capacity in services identified in the background study shall be paid for
by development charges or other similar charges;
AND WHEREAS the Council of The Corporation of the City of Stratford, has given
notice, made said background study and draft Development Charges By-law available to
the public and held a public meeting on the 1st of March, 2022 in accordance with
section 12 of the Act;
AND WHEREAS the Council of The Corporation of the City of Stratford has heard all
persons who applied to be heard no matter whether in objection to, or in support of,
the development charges background study's proposed policies;
AND WHEREAS the Council of The Corporation of the City of Stratford has determined
that no further public meeting is required in accordance with section 12(3) of the Act;
NOW THEREFORE BE IT ENACTED by the Council of The Corporation of the City of
Stratford as follows:
1.0
DEFINITIONS
1.1
In this By-law,
(a)
"accessory", when used to describe a use, a building or a structure,
means a use, a building or a structure that is incidental,
subordinate and exclusively devoted to a main use, building or
structure and located on the same lot therewith;
(b)
"act" means the Development Charges Act, 1997, S.O. 1997, c.27,
as amended, or any successor thereof;
(c)
"apartment" means a dwelling unit other than a triplex, or
townhouse, in a building containing three (3) or more dwelling
units accessible from a corridor system connecting with a common
entrance from outside the dwelling, where the occupants have the
common right to use halls, stairs, elevators, and yards, the said
dwelling being located on a single lot being held and maintained
under one (1) ownership or under condominium ownership;
(d)
"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;
(e)
"commercial" means a building, structure, or lot, for which the use
is commercial in nature pertaining to the buying or selling of
commodities or the supplying of services for remuneration,
including the supplying of services in a residential use property for
profit, but does not include activities associated with the
manufacturing, warehousing or assembly of goods, any
construction work or uses accessory to an industrial use;
(f)
"converted dwelling" means a single detached dwelling or an
attached pair of semi-detached dwellings that has been altered or
otherwise converted to contain therein more than one (1) dwelling
unit;
(g)
"City" means The Corporation of the City of Stratford;
(h)
"development" means the construction, erection or placing of one
or more buildings or structures on lands or the making of an
addition or alteration to a building or structure that has the effect
of increasing the size or usability thereof, includes redevelopment
and requires one or more of the actions listed in section 3.4;
(i)
"development charge" means a charge imposed pursuant to this
By-law;
(j)
"dwelling unit" means a room or rooms located within a building or
structure which are occupied or designed or intended to be
occupied by one or more persons as a single housekeeping unit
and for which a separate private entrance (from outdoors or a
common hallway), bathroom and kitchen facilities are provided;
(k)
"gross floor area" means the total floor area, measured between
the outside of the exterior walls or between the outside of exterior
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;
(l)
"industrial" means lands, buildings or structures used or designed
or intended for use for manufacturing, processing, fabricating or
assembly of raw goods, warehousing or bulk storage of goods, and
includes office uses and the sale of commodities to the general
public where such uses are accessory to an industrial use;
(m)
"institutional" means development of a building or structure
intended for use,
(i)
as a long-term care home within the meaning of subsection
2 (1) of the Long-Term Care Homes Act, 2007;
(ii)
as a retirement home within the meaning of subsection 2 (1)
of the Retirement Homes Act, 2010;
(iii)
by any of the following post-secondary institutions for the
objects of the institution:
a) a university in Ontario that receives direct, regular,
and ongoing operating funding from the Government
of Ontario,
b) a college or university federated or affiliated with a
university described in subclause (a), or
c) an Indigenous Institute prescribed for the purposes of
section 6 of the Indigenous Institutes Act, 2017;
(iv)
as a memorial home, clubhouse or athletic grounds by an
Ontario branch of the Royal Canadian Legion; or
(v)
as a hospice to provide end of life care;
(n)
"interest rate" means the annual rate of interest calculated in the
City's D.C. Interest Policy;
(o)
"local board" means a local board as defined in section 1 of the
Municipal Affairs Act other than a board as defined in subsection 1
(1) of the Education Act;
(p)
"non-profit housing development" means development of a building
or structure intended for use as residential premises by,
(i)
a corporation to which the Not-for-Profit Corporations Act,
2010 applies, that is in good standing under that Act and
whose primary object is to provide housing;
(ii)
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
(iii)
a non-profit housing co-operative that is in good standing
under the Co-operative Corporations Act.
(q)
"non-residential use" means lands, building or structures used,
designed or intended for the principal use for other than residential
use, and shall include, but is not limited to, commercial, industrial
and institutional forms of development;
(r)
"owner" means any person whose interest in a parcel of land is
defined and whose name is specified in an appropriate instrument
in the relevant Land Registry Office and includes a person who had
made application for approval for the development of land upon
which a development charge is imposed;
(s)
"Quadruplex dwelling" means a dwelling other than a converted
dwelling or a townhouse dwelling containing four (4) dwelling units,
each of which has an independent entrance either directly from a
yard or from a common vestibule;
(t)
"redevelopment allowance" shall have the meaning ascribed in
section 4.3 (a);
(u)
"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;
(v)
"residential use" means lands, building or structures used, designed
or intended for all residential uses;
(w)
"semi-detached dwelling" means one of a pair of single dwellings
which are attached together horizontally in whole or in part above
grade and divided vertically from each other by a common wall,
and each of which has a private independent entrance directly from
yard, the said pair of dwellings being free standing, separate and
detached from other main buildings or main structures;
(x)
"services" means services designated in section 2.0 of this By-law;
(y)
"single detached dwelling" means a single dwelling which is
freestanding, separate and detached from other main buildings or
main structures;
(z)
"special care facilities" means lands or Buildings without dwelling
units, which are used or designed or intended for use for the
purpose of providing supervision, nursing care or medical
treatment, that are licensed, approved or supervised under any
special or general Act;
(aa)
"special care/special dwelling" means the residential portion of
Special Care Facilities, including Group Homes, containing rooms or
suites of rooms designed or intended to be used for sleeping and
living accommodations that have a common entrance from street
level:
(i)
Where the occupants have the right to use in common, halls,
stairs, yards, common rooms, and accessory buildings;
(ii)
Which may or may not have exclusive sanitary and/or
culinary facilities;
(iii)
That is designed to accommodate persons with specific
needs. Including, but not limited to, independent
permanent living arrangements; and
(iv)
Where support services such as meal preparation, grocery
shopping, laundry, housekeeping, nursing, respite care, and
attendant services may be provided at various levels.
(bb)
"townhouse" means one of a group of two or more dwellings
including row dwellings, other than a semi-detached, triplex or
apartment building, which are attached together horizontal in
whole or in part above grade and divided vertically from each other
by a common wall between each two (2) adjacent dwellings, and
each of which has a private independent entrance directly from a
yard;
(cc)
"triplex" means a dwelling which is divided horizontally into three
(3) dwelling units.
2.0
DESIGNATION OF SERVICES/CLASSES OF SERVICES
2.1
The categories of services/classes of services for which development
charges are imposed under this By-law are noted as lettered headings, as
follows:
(a)
Public Works;
(b)
Fire Protection Services
(c)
Police Services;
(d)
Parks and Recreation Services;
(e)
Library Services;
(f)
Growth Studies;
(g)
Housing Services;
(h)
Waste Diversion Services;
(i)
Services Related to a Highway;
(j)
Water Services;
(k)
Wastewater Services; and
(l)
Storm Water Management Services (area specific).
3.0
APPLICABILITY RULES
3.1
This By-law applies to development on all lands in the geographic area of
the City;
3.2
Development charges on development shall be payable in the amounts
established in section 4.0 of this By-law;
3.3
Despite the provisions of subsection 3.2 of this By-law, development
charges shall not be imposed on development undertaken on lands owned
by and used for the purposes of:
(a)
the City or a local board or commission thereof;
(b)
the County of Perth or a local board or commission thereof;
(c)
a School Board as defined in subsection 1 (1) of the Education Act;
and
(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 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.
3.4
Approval for Development:
(a)
Except as provided for in this By-law, 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 an amendment thereto
under section 34 of the Planning Act;
(ii)
the approval of a minor variance under section 45 of the
Planning Act;
(iii)
a conveyance of land to which a by-law passed under
subsection 50 (7) of the Planning Act;
(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;
(vii)
the issuance of a permit under the Building Code Act, 1992,
in relation to a building or structure.
(b)
No more than one (1) 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 (2) 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 need for services.
3.5
Exemptions:
(a)
Despite any other provisions of this By-law, development charges
shall not be imposed with respect to:
(i)
a development that is limited to only the enlargement of an
existing dwelling unit;
(ii)
the creation of additional dwelling units as provided in
Schedule A of this By-law;
(iii)
a development of existing commercial buildings or structures
or part thereof where the square footage is not increased;
(iv)
any use permitted pursuant to section 39 of the Planning
Act;
(v)
the creation of residential use within existing buildings
located in the Heritage Conservation District, pursuant to
City By-law No. 173-97;
(vi)
the conversion of industrial buildings to residential uses
within Special Policy Area No. 7: Factory District, of the
City's Official Plan;
(vii)
an industrial development; and
(viii)
an accessory building.
4.0
CALCULATION OF DEVELOPMENT CHARGE RULES
4.1
Residential Uses:
The development charges described in Schedule B to this By-law shall be
imposed on residential use development 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,
according to the type and number of residential development dwelling
units.
4.2
Non-Residential:
(a)
Commercial/Institutional Uses:
(i)
The development charges described in Schedule C to this
By-law shall be imposed on commercial/institutional use
development, including commercial/institutional use
development in a mixed-use building, according to the gross
floor area of the commercial/ institutional use development;
4.3
Redevelopment Allowance:
(a)
Whereas a result of development, a building or structure existing
on the land within five (5) years was or is to be demolished, in
whole or in part, the development charge otherwise payable with
respect to such development shall be reduced by the following
amounts:
(i)
in the case of a residential building or structure, or in the
case of a mixed-use building or structure for the residential
uses in the mixed-use building or structure, an amount
calculated by multiplying the applicable development charge
under subsection 4.1 of this By-law by the number,
according to the form of dwelling units that have been or will
be demolished or converted to another principal use; and
(ii)
in the case of a non-residential building or structure or the
non-residential portion of a mixed-use building or structure,
an amount calculated by multiplying the applicable
development charge under subsection 4.2 of this By-law by
the gross floor area devoted to commercial uses that has
been or will be demolished or converted to another principal
use.
(b)
In calculating the reduction provided for in subsection 4.3 (a) of
this By-law, the following provisions apply:
(i)
the redevelopment of lands where buildings or structures
have been demolished or converted to another principal use
earlier than the five (5) years prior to the payment of
development charges are not eligible for inclusion in the
calculation of a redevelopment allowance;
(ii)
the redevelopment allowance will be calculated and credited
against development charges otherwise payable when such
charges are paid;
(iii)
the redevelopment allowance shall not exceed the total
development charges otherwise payable;
(iv)
the onus is on the owner subject to the charge to provide
sufficient evidence of units or commercial gross floor area
demolished or converted to another principal use, and of the
timing of such demolition or conversion, in order to justify
the redevelopment allowance;
(v)
in absence of other evidence, a demolished building will be
considered to have been demolished on the latest date of
issue of a demolition permit;
5.0
COLLECTION OF DEVELOPMENT CHARGES
5.1
Development charges imposed under section 4 of this By-law are payable
on the date on which a building permit is issued.
5.2
Despite subsection 5.1, the City 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.
5.3
If at the time of issuance of building permits for a development for which
development charges have already been paid, pursuant to subsection 5.2
of this By-law, the development charge for the number and type of
dwelling unit for which building permits are being issued is less than at
the time that payments were made, a refund shall be paid by the City,
which refund shall be the difference between the development charges
previously collected, adjusted in accordance with section 8.0 of this By-
law, to the date of issuance of building permits, and the development
charges for which building permits are being issued, calculated at the date
of issuance.
5.4
Despite subsection 5.3 of this By-law, a refund shall not exceed the
amount of the development charges paid pursuant to subsection 5.2 of
this By-law.
5.5
Notwithstanding subsections 5.1 and 5.2, 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
first occupancy certificate issued, and each subsequent installment,
including interest, payable on the anniversary date each year thereafter.
5.6
Notwithstanding subsections 5.1 and 5.2 development charges for non-
profit housing developments are due and payable in 21 installments
commencing with the first installment payable on the date of first
occupancy certificate issued, and each subsequent installment, including
interest, payable on the anniversary date each year thereafter.
5.7
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 5.1 and 5.2 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 5.1 and 5.2 shall be calculated on
the rates, including interest, set out in Schedule "B" on the date of the
later planning application, including interest.
5.8
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.
6.0
PAYMENT BY SERVICES
6.1
Despite subsection 5.1 and despite subsection 5.2, the City may by
agreement with an owner, permit a development charge to be paid in
money or by the provision of services or by a combination of both. Where
services are provided in full or partial satisfaction of a development
charge, the City shall credit the owner with an amount equal to the
reasonable cost, as agreed to by the City and the owner, of providing the
services. No such credit given shall exceed the total development charge
payable by the owner.
7.0
OVERSIZING OF SERVICES
7.1
The City may by agreement with an owner, require that the services for a
subdivision be increased and/or oversized to support development beyond
the said subdivision, the City shall credit the owner with an amount equal
to the reasonable cost, as agreed to by the City and the owner, over and
above those required for the said subdivision, known as local services.
This credit will be reduced from the development charge applicable to the
said subdivision. Provision of local services will continue to be the
responsibility of the owner.
8.0
INDEXING
8.1
Development charges imposed pursuant to this By-law shall be adjusted
annually on January 1st, without amendment to this By-law, by the
percentage change in accordance with the prescribed index in the Act.
8.2
The first such adjustment provided for in subsection 8.1 of this By-law,
shall occur January 1, 2023, using the most recently available data for the
percentage change in the said index for the previous year.
9.0
FRONT-END FINANCING
9.1
The City may enter into front-end agreements with owners in accordance
with the provisions of the Act.
10.0 ACCOUNTABILITY
10.1 All monies paid pursuant to this By-law shall be maintained separately
from all other revenues or receipts of the City. The Treasurer of the City
shall establish separate reserve funds, pursuant to the thirteen categories
of services designated in subsection 2.1.
10.2 The Treasurer of the City shall provide to the Council of the City an annual
financial statement related to this By-law and the development charge
reserve funds established under subsection 10.1 of this By-law. This
annual statement shall be provided on a date directed by Council.
10.3 The City shall pay interest on a refund under subsections 18 (3), (5) and
25 (2) or 36 of the Act at a rate equal to the Bank of Canada rate on the
date this By-law comes into force, updated on the first business day of
every January, April, July and October thereafter.
11.0 SCHEDULES
11.1 The following schedules to this By-law form an integral part thereof:
Schedule A - Exception Relating to the Creation of Additional Dwelling
Units
Schedule B - Residential Use Development Charges
Schedule C - Non-Residential Use Development Charges
Schedule D - Area Denoting where the Riverbend Storm Water
Management charge shall be imposed
12.0 DATE BY-LAW IN FORCE
12.1 This By-law shall come into force upon final passage.
13.0 DATE BY-LAW EXPIRES
13.1 This By-law shall expire on April 6, 2027, unless sooner amended or
repealed.
14.0 REPEAL
14.1 By-law 45-2017, and any amendments, are hereby repealed upon passage
of this By-law.
Read a FIRST, SECOND and THIRD time and
FINALLY PASSED this 6th day of April, 2022.
_____________"Daniel B. Mathieson"_
Mayor - Daniel B. Mathieson
______________"Tatiana Dafoe"_____
Clerk - Tatiana Dafoe
This is Schedule "A" to By-law Number 41-2022
Adopted this 6th day of April, 2022
Exception Relating to the Creation of Additional Dwelling Units
Name of Class of
Residential
Building
Description of Class of
Residential Building
Maximum
Number of
Additional
Dwelling Units
Restrictions
Existing single
detached dwellings
Existing residential
buildings, each of which
contains a single dwelling
unit, that are not attached
to other buildings.
Two
The total gross floor
area of the additional
dwelling unit or units
must be less than or
equal to the gross
floor area of the
dwelling unit already
in the building.
Existing semi-
detached dwellings
or row dwellings
Existing residential
buildings, each of which
contains a single dwelling
unit, that have one or two
vertical walls, but no other
parts, attached to other
buildings.
One
The gross floor area
of the additional
dwelling unit must be
less than or equal to
the gross floor area
of the dwelling unit
already in the
building.
Existing rental
residential
buildings
Existing residential rental
buildings, each of which
contains four or more
dwelling units.
Greater of one and
1% of the existing
units in the
building
None.
Other existing
residential
buildings
An existing residential
building not in another
class of residential building
described in this table.
One
The gross floor area
of the additional
dwelling unit must be
less than or equal to
the gross floor area
of the smallest
dwelling unit already
in the building.
Proposed new
detached dwellings
Proposed new residential
buildings that would not be
attached to other buildings
and that are permitted to
contain a second dwelling
unit, that being either of
the two dwelling units, if
the units have the same
gross floor area, or the
smaller of the dwelling
units.
The proposed new
detached dwelling
must only contain
two dwelling units.
The proposed new
detached dwelling
must be located on a
parcel of land on
which no other
detached dwelling,
semi-detached
dwelling or row
dwelling would be
located.
Proposed new
semi-detached
dwellings or row
dwellings
Proposed new residential
buildings that would have
one or two vertical walls,
but no other parts,
attached to other buildings
The proposed new
semi-detached
dwelling or row
dwelling must only
The proposed new
semi-detached
dwelling or row
dwelling must be
located on a parcel of
Name of Class of
Residential
Building
Description of Class of
Residential Building
Maximum
Number of
Additional
Dwelling Units
Restrictions
and that are permitted to
contain a second dwelling
unit, that being either of
the two dwelling units, if
the units have the same
gross floor area, or the
smaller of the dwelling
units.
contain two
dwelling units.
land on which no
other detached
dwelling, semi-
detached dwelling or
row dwelling would
be located.
Proposed new
residential
buildings that
would be ancillary
to a proposed new
detached dwelling,
semi-detached
dwelling or row
dwelling
Proposed new residential
buildings that would be
ancillary to a proposed
new detached dwelling,
semi-detached dwelling or
row dwelling and that are
permitted to contain a
single dwelling unit.
The proposed new
detached dwelling,
semi-detached
dwelling or row
dwelling, to which
the proposed new
residential building
would be ancillary,
must only contain
one dwelling unit.
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.
Source: O. Reg. 82/98, s. 2.
This is Schedule "B" to By-law Number 41-2022
Adopted this 6th day of April, 2022
Residential Use Development Charges
City-Wide Services/
Class of Service
Residential
Single and Semi
Detached
Dwelling
Residential
Multiples
Residential
Apartments - 2
Bedrooms +
Residential
Apartments -
Bachelor and 1
Bedroom
Residential
Special
Care/Special
Dwelling Units
Public Works (Facilities and Fleet)
$702
$549
$407
$302
$279
Fire Protection Services
$333
$261
$193
$143
$133
Police Services
$479
$375
$278
$206
$191
Parks and Recreation Services
$3,265
$2,555
$1,892
$1,406
$1,300
Library Services
$607
$475
$352
$261
$242
Growth Studies
$266
$208
$154
$115
$106
Housing Services
$2,341
$1,832
$1,356
$1,008
$932
Waste Diversion
$633
$495
$367
$273
$252
Total City-Wide Services/Class of Service
$8,626
$6,750
$4,999
$3,714
$3,435
Infrastructure Services
Residential
Single and Semi
Detached
Dwelling
Residential
Multiples
Residential
Apartments - 2
Bedrooms +
Residential
Apartments -
Bachelor and 1
Bedroom
Residential
Special
Care/Special
Dwelling Units
Services Related to a Highway
$3,374
$2,640
$1,955
$1,453
$1,343
Wastewater Services
$3,765
$2,946
$2,182
$1,622
$1,499
Water Services
$340
$266
$197
$146
$135
Total Infrastructure Services
$7,479
$5,852
$4,334
$3,221
$2,977
GRAND TOTAL CITY-WIDE +
INFRASTRUCTURE SERVICS
$16,105
$12,602
$9,333
$6,935
$6,412
Area Specific Charge
Riverbend Servicing Area
Residential
Single and Semi
Detached
Dwelling
Residential
Multiples
Residential
Apartments - 2
Bedrooms +
Residential
Apartments -
Bachelor and 1
Bedroom
Residential
Special
Care/Special
Dwelling Units
Stormwater and Drainage
$2,774
$2,171
$1,607
$1,195
$1,104
This is Schedule "C" to By-law Number 41-2022
Adopted this 6th day of April, 2022
Non-Residential Use Development Charges
City-Wide Services/Class of Service
Non-Residential
(per sq.ft. of Gross Floor Area)
Public Works (Facilities and Fleet)
0.44
Fire Protection Services
0.20
Police Services
0.29
Parks and Recreation Services
0.18
Library Services
0.03
Growth Studies
0.17
Housing Services
0.00
Waste Diversion
0.03
Total City-Wide Services/Class of
Service
1.34
Infrastructure Services
Non-Residential
(per sq.ft. of Gross Floor Area)
Services Related to a Highway
0.48
Wastewater Services
0.55
Water Services
0.05
Total Infrastructure Services
1.08
GRAND TOTAL CITY-WIDE +
INFRASTRUCTURE SERVICES
2.42
Area Specific Charge
Riverbend Servicing Area
Non-Residential
(per sq.ft. of Gross Floor Area)
Stormwater and Drainage
1.05
This is Schedule "D" to By-law Number 41-2022
Adopted this 6th day of April 2022
Area Denoting where the Riverbend Storm Water Management Charge
shall be imposed