Municipality of Thames Centre By-law No. 17-2022 - Development Charge By-law, 2022 (consolidated, amended Jan 2026)
Thames Centre, Ontario
· No. 17-2022
· adopted 2022-03-07
· summary & facts
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THE CORPORATION OF THE MUNICIPALITY OF THAMES CENTRE
BY-LAW NO. 17-2022
A by-law to establish development charges for the Corporation
of the Municipality of Thames Centre and to repeal By-law 69-2018
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 Municipality of Thames Centre
("the Municipality") has given 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 Municipality has heard all persons who applied to
be heard no matter whether in objection to, or in support of, the development charge
proposal at a public meeting held on February 14, 2022;
AND WHEREAS the Council of the Municipality had before it a report entitled
Development Charges Background Study dated December 27, 2021 prepared by
Watson & Associates Economists Ltd., wherein it is indicated that the development of
any land within the Municipality will increase the need for services as defined herein;
AND WHEREAS the Council of the Municipality on February 14, 2022 approved the
applicable Development Charges Background Study, dated December 27, 2021, in
which certain recommendations were made relating to the establishment of a
development charge policy for the Municipality of Thames Centre pursuant to the
Development Charges Act, 1997;
AND WHEREAS the Council of the Municipality on February 14, 2022 determined that
no additional public meeting was required.
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NOW THEREFORE THE COUNCIL OF THE MUNICIPALITY OF THAMES CENTRE
ENACTS AS FOLLOWS:
ie DEFINITIONS
In this by-law:
(1) "Act" means the Development Charges Act, S.O. 1997, c. 27, as
amended;
(2) | "Accessory Use" means where used to describe a building, or structure
that the building, or structure is naturally and normally incidental,
subordinate in purpose or floor area or both, and exclusively devoted to a
principal use, building, or structure, but is not an ancillary dwelling;
(3) "Ancillary dwelling," means a residential building that would be ancillary to
a detached dwelling, semi-detached dwelling, or row dwelling and includes
an accessory dwelling;
(4) "Agricultural use" means a bona fide farming operation;
(5) "Apartment dwelling" means a dwelling unit in a building containing a non-
residential use and/or more than four dwelling units in a residential
building, including a stacked townhouse and a stand-alone additional
residential unit, but does not include a row dwelling, back-to-back
townhouse dwelling, nursing home, long term care home, retirement
home, semi-detached dwelling or single detached dwelling or the
residential portion of a live/work unit;
(6) "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, which do not have rear yards;
(7) | "Bedroom" means a habitable room larger than seven square metres,
including a den, study, or other similar area, but does not include a living
room, dining room or kitchen;
(8) "Board of education" means a board defined in s.s. 1(1) of the Education
Act;
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(9) "Bona fide farm uses" means the proposed development will qualify as a
farm business operating with a valid Farm Business Registration Number
issued by the Ontario Ministry of Agriculture, Food and Rural Affairs and
be assessed in the Farmland Realty Tax Class by the Ontario Property
Assessment Corporation;
(10) "Building Code Act" means the Building Code Act, R.S.O. 1990, c.B.-13,
as amended;
(11) "Cannabis" means:
(a) acannabis plant;
(b) any part of a cannabis plant, including the phytocannabinoids
produced by, or found in, such a plant regardless of whether that part
has been processed or not;
(c) any substance or mixture of substances that contains or has on it any
part of such a plant; and
(d) any substance that is identical to any phytocannabinoid produced by,
or found in, such a plant, regardless of how the substance was
obtained.
(12) Cannabis plant" means a plant that belongs to the genus cannabis;
(13) "Cannabis production facilities" means a building, or part thereof,
designed, used, or intended to be used for one or more of the following:
growing, production, processing, harvesting, testing, alteration,
destruction, storage, packaging, shipment, or distribution of cannabis
where a licensed, permit or authorization has been issued under
applicable federal law and does not include, but is not limited to such
buildings as a greenhouse and agricultural building associated 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;
(14) "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, including:
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(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, lease, construct or improve facilities including,
(i) rolling stock with an estimated useful life of seven years or
more,
(il) furniture and equipment, other than computer equipment,
and
(ili) | materials acquired for circulation, reference or information
purposes by a library board as defined in the Public Libraries
Act, R.S.O. 1990, c.P.-44; and
(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.
(15) "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, 1997;
(16) "Council" means the Council of The Corporation of the Municipality of
Thames Centre;
(17) "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
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interior alterations to an existing building or structure which do not change
or intensify the use of land;
(18) "Development charge" means a charge imposed pursuant to this by-law;
(19) Detached dwelling unit" has the same meaning as a "single detached
dwelling unit" for the purposes of this by-law;
(20) "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 are provided for the exclusive use of such
person or persons, including time share units;
(21) "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;
(22) "Grade" means the average level of finished ground adjoining a building or
structure at all exterior walls;
(23) | "Gross floor area" means the total floor area measured between the
outside of exterior walls, or between the outside of exterior walls and the
centre line of party walls dividing the building from another building, of all
floors above the average level of finished ground adjoining the building at
its exterior walls;
(24) "Growth Studies" means any and all studies carried out by the municipality
that are with respect to eligible services for which a development charge
by-law may be imposed under the Development Charges Act, 1997;
(25) "Industrial" means lands, buildings or structures, or portions thereof, used,
designed or intended for use for production, compounding, processing,
packaging, crating, bottling, or assembly ("manufacturing") of raw goods or
semi-processed goods or materials, research and development relating
thereto, warehousing or bulk storage of goods, and includes office uses
and the sale of commodities to the general public (if the retail sales are at
the site where the manufacturing takes place) where such uses are
accessory to an industrial use, and includes cannabis production facilities,
but does not include the sale of commodities to the general public through
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a warehouse club or retail warehouse and does not include self-storage or
mini-storage facilities;
(26) Institutional development" means development of a building or structure
intended for use:
(i) as along-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;
(ili) 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. acollege or university federated or affiliated with a university
described in subclause (1), 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.
(27) "Interest rate" means the annual rate of interest calculated as per the
Municipality's D.C. Interest Policy #CP- B-1.1 and approved by Council, as
may be revised from time to time;
(28) "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;
(29) "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
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general or special Act with respect to any of the affairs or purposes of the
municipality or any part or parts thereof;
(30) "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;
(31) "Lot" means a parcel of land capable of being conveyed lawfully without
any approval under the Planning Act or successor thereto which meets the
minimum lot area requirements under the Municipality's zoning by-law;
(32) "Multiple dwelling" means all dwellings other than single-detached, semi-
detached and apartment unit dwellings and includes but is not limited to
back-to-back townhouses, stacked townhouses and the residential portion
of a live/work unit;
(33) | "Municipality" means The Corporation of the Municipality of Thames
Centre;
(34) "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;
(il) 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
(ili) | anon-profit housing co-operative that is in good standing under the
Co-operative Corporations Act, or any successor legislation;
(35) "Non-residential uses" means a building or structure used for other than a
residential use;
(36) "Nursing Home" means a building wherein lodging, meals, personal care,
nursing services, and medical care and treatment may be provided for
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gain or profit or as a charitable public service and includes a rest home or
a convalescent home, as licensed under the Nursing Homes Act, as
amended from time to time, but does not include a hotel/motel, hospice,
emergency care establishment or hospital as defined herein.
(37) "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;
(38) Place of Worship" means a Building, or any part thereof, owned and
occupied by a church or religious organization used for religious services,
ceremonies or other religious practices, or for the purposes of a the burial
or entombment of the remains of deceased individuals and which is which
is or would be classified as exempt from taxation in accordance with
paragraph 3 of subsection 3(1) of the Assessment Act, R.S.O. 1990,
Chapter A.31, but does not include a Building or any part thereof , owned
by a church or religious organization and used for any other purpose
including without limiting the generality of the foregoing any uses which
generate revenue for the church or religious organization;
(39) "Planning Act" means the Planning Act, R.S.O. 1990, c.P.-13, as
amended;
(40) "Primary dwelling unit" means the largest dwelling unit in which the
residential use of the lot is conducted;
(41) "Regulation" means any regulation made pursuant to the Act;
(42) "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;
(43) "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, and the
residential portion of a mixed-use building or structure;
(44) "Retirement Lodge or Retirement Home" means a residence providing
accommodation primarily for persons or couples over 60 years of age
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where each private bedroom or living unit has a separate private bathroom
and separate entrance from a common hall but where common facilities
for the preparation and consumption of food are provided, and common
lounges, recreation rooms and medical care facilities may also be
provided;
(45) "Semi-detached dwelling" means a building divided vertically into two
dwelling units each of which has a separate entrance and access to grade;
(46) "Services" means services set out in Schedule "A" to this By-law;
(47) "Single detached dwelling" means a completely detached building
containing only one dwelling unit.
(48) "Stacked townhouse dwelling" means a building containing two or more
dwelling units where each dwelling unit is separated horizontally and/or
vertically from another dwelling unit by a common wall or floor;
(49) "Stand-alone Additional Residential Dwelling Unit" means one single
stand-alone dwelling unit that is subordinate to the primary dwelling unit on
a lot and does not exceed 40% of the gross floor area of the primary
dwelling unit but in no case may be larger than 80 square metres;
2. Designation of Services and Classes of Services
2.1. 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) Fire Protection Services;
(d) Parks and Recreation Services;
(e) Library Services;
(f) Growth Studies;
(g) Water Services;
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(h) Wastewater Services; and
(i) Waste Diversion Services.
2.2. The components of the services and classes of services designated in section
2.1 are described in Schedule A.
3. AMOUNT OF CHARGES
The development charge with respect to the uses of any land, building or
structure shall be calculated as follows:
Residential
a) The development charges set out in Schedule B 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.
Non-Residential
b) The development charges described in Schedule B to this by-law shall be
imposed on non-residential uses of lands, buildings or structures, and, in
the case of a mixed-use building or structure, on the non-residential uses
in the mixed-use building or structure, 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.
4. TIME OF CALCULATION AND PAYMENT OF DEVELOPMENT CHARGES
(1) Development charges imposed under this By-law are calculated, payable,
and collected in accordance with sections 26, 26.1 and 26.2 of the Act,
unless the development charge is to be calculated or paid at a different
time pursuant to subsections (2) through (4) herein or in accordance with
the terms of an agreement entered into between the Municipality and the
owner under subsection 27(1) of the Acct.
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(2) | Notwithstanding subsection (1), development charges for rental housing
and institutional developments are due and payable in 6 equal annual
payments commencing with the first installment payable on the earlier of
the date the first occupancy permit is granted or the date of first
occupancy, and each subsequent installment, including interest calculated
in accordance with the development charge interest policy #CP-B-1.1,
continuing on the anniversary of that date.
(3) | Notwithstanding subsections (1), development charges for non-profit
housing developments are due and payable in 21 equal annual payments
commencing with the first installment payable on the earlier of the date the
first occupancy permit is granted or the date of first occupancy, and each
subsequent installment, including interest calculated in accordance with
the development charge interest policy #CP-B-1.1, continuing on the
anniversary of that date.
(4) | Where the development of land results from the approval of a site plan or
zoning by-law amendment application received on or after January 1,
2020, and the approval of the application occurred within two years of
building permit issuance, the development charges under section 3 shall
be calculated on the rates set out in Schedule "B" on the date of the
planning application, including interest as provided in the Municipality's
Council approved D.C. Interest Policy #CP-B-1.1, as may be revised from
time to time. Where both planning applications apply, development
charges under section 3 shall be calculated on the rates in effect on the
day of the later planning application, including interest as provided in the
Municipality's Council approved D.C. Interest Policy #CP-B-1.1, as may be
revised from time to time.
(5) | Despite subsection (1), Council, from time to time and at any time, may
enter into agreements providing for all or any part of a development
charge to be paid before or after it would otherwise be payable, in
accordance with section 27 (1) of the Act.
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S. PHASE-IN OF DEVELOPMENT CHARGES
The development charges imposed pursuant to this by-law are not being phased-
in and are payable in full, subject to the exemptions herein, from the effective
date of this by-law.
6. APPLICABLE LANDS
(1) Subject to subsection 6(2), 6(3), and Section 7, 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.O. 1990, c.A.-31.
(2) Development Charges as per 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) hospital under the Public Hospitals Act;
(d) acollege of applied arts and technology established pursuant to the
Ministry of Training, Colleges and Universities Act, R.S.O. 1990,
c.M. 19, and used for teaching related purposes on lands owned by
and used for the purposes of the College;
(e) acemetery or place of worship;
(f) | anon-residential farm building constructed for bona fide farm uses;
or
(g) 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) Municipal-wide Development Charges as per this by-law shall not apply to
industrial development however, urban water and wastewater services
Development Charges will apply to industrial development developed within
the urban service boundaries.
7. RULES WITH RESPECT TO EXEMPTIONS FOR INTENSIFICATION OF
EXISTING HOUSING
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(1) | Notwithstanding Section 6 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) permit the creation of up to two additional dwelling units in existing
dwellings as the following table sets out:
Item Name of Description of Class of Maximum Restrictions
Class of Existing Residential number of
Existing Buildings Additional
Residential Dwelling
Building Units
1 Existing Existing residential Two The total gross floor area of the
single buildings, each of which additional dwelling unit or units
detached contains a single dwelling must be less than or equal to the
dwellings unit, which are not attached gross floor area of the dwelling unit
to other buildings. already in the building.
2 Existing semi- | Existing residential One The gross floor area of the
detached buildings, each of which additional dwelling unit must be
dwellings or contains a single dwelling less than or equal to the gross floor
row dwellings -- unit, which have one or two area of the dwelling unit already in
vertical walls, but no other the building.
parts, attached to other
buildings.
3 Existing rental | Existing residential rental Greater of | None.
residential buildings, each of which one and
buildings contains four or more 1% of the
dwelling units. existing
units in the
building
4 Other existing | An existing residential One The gross floor area of the
residential building not in another additional dwelling unit must be less
buildings class of residential building than or equal to the gross floor area
described in this table. of the smallest dwelling unit already
in the building
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(c) permit 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:
Item Name of Class of Description of Class of Proposed Restrictions
Proposed New New Residential Buildings
Residential
Buildings
1 Proposed new Proposed new residential buildings | The proposed new detached dwelling
detached dwellings that would not be attached to other must only contain two dwelling units.
buildings and that are permitted to
contain a second dwelling unit, The proposed new detached dwelling
which being either of the two must be located on a parcel of land on
dwelling units, if the units have the which no other detached dwelling, semi-
same gross floor area, or the small detached dwelling, or row dwelling would
of the dwelling units. be located.
2 Proposed new Proposed new residential buildings | The proposed new semi-detached
semi-detached that have one or two vertical walks, | dwelling or row dwelling must only contain
dwellings or row but no other parts, attached to other two dwelling units.
dwellings buildings and that are permitted to
contain a second dwelling unit, The proposed new semi-detached
which being either of the two dwelling or row dwelling must be located
dwelling units, if the units have the ©N a parcel of land on which no other
same gross floor area, or the small | detached dwelling, semi-detached
of the dwelling units. dwelling, or row dwelling would be
located.
3 Proposed new Proposed new residential buildings | The proposed new detached dwelling,
residential that would be ancillary to a semi-detached dwelling, or row dwelling,
buildings that proposed new detached dwelling, to which the proposed new residential
would be ancillary | semi-detached dwelling, or row building would be ancillary, must only
to a proposed new __ dwelling and that are permitted to contain one dwelling unit.
detached dwelling, | contain a single dwelling unit.
semi-detached The gross floor area of the dwelling unit in
dwelling, or row the proposed new residential building must
dwelling 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.
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(2) Notwithstanding subsection 7(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 7(1)(d), 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.
8. 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
Act;
(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 50 of the Condominium
Act, R.S.O. 1990, c.C.-26; or
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(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 Acct.
9. LOCAL SERVICE INSTALLATION
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.
10. MULTIPLE CHARGES
(1) | Where two or more of the actions described in subsection 8(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 8(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.
11. 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
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Page 17
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 that 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 services in
addition to, or of a greater size or 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.
12. RULES WITH RESPECT TO RE-DEVELOPMENT
In the case of the demolition of all or part of a residential or non-residential
building or structure:
(1) | acredit 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 permit has been issued; and
(2) if adevelopment or redevelopment involves the demolition of and
replacement of a residential building or structure, a credit shall be allowed
equivalent to the number of dwelling units demolished multiplied by the
applicable residential development charge in place at the time the
development charge Is payable.
(3) if a development or redevelopment involves the demolition of and
replacement of a non-residential building or structure, a credit shall be
allowed equivalent to the gross floor area demolished multiplied by the
applicable non-residential development charge in place at the time the
development charge is payable.
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A credit can, in no case, exceed the amount of the development charge that
would otherwise be payable, and no credit is available if the existing land use is
exempt under this by-law.
13. TIMING OF CALCULATION AND PAYMENT
(1) | Where a permit is required under the Building Code Act in relation to a
building or structure, the owner shall pay the development charge prior to
the issuance of a permit of prior to the commencement of development or
redevelopment as the case may be; and
(2) Despite above, Council, from time to time, and at any time, may enter into
agreements providing for all or any part of a development charge to be
paid before or after it would otherwise be payable.
14. RESERVE FUNDS
(1) Monies received from payment of development charges under this by-law
shall be maintained in nine separate reserve funds as follows: services
related to a highway; library; growth studies; fire protection; parks and
recreation, public works, waste diversion, water and wastewater.
(2) | Monies received for the payment of development charges shall be used
only in accordance with the provisions of Section 35 of the Act.
(3) | Where any development charge, or part thereof, remains unpaid after the
due date, the amount unpaid shall be added to the tax roll and shall be
collected as taxes.
(4) | Where any unpaid development charges are collected as taxes under
subsection (3), the monies so collected shall be credited to the
development charge reserve funds referred to in subsection (1).
(5) | 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 O. Reg.
82/98.
By-law No. 17-2022
Page 19
15. BY-LAW AMENDMENT OR APPEAL
(1) | Where this by-law or any development charge prescribed there under 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.
16. BY-LAW INDEXING
The development charges set out in Schedule "B" to this by-law shall be adjusted
annually as of January 1st of each year commencing January 1, 2023, without
amendment to the by-law, in accordance with the most recent twelve month
change in the Statistics Canada Quarterly, "Construction Price Statistics".
17. SEVERABILITY
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.
18. HEADINGS FOR REFERENCE ONLY
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 No. 17-2022
Page 20
19. BY-LAW REGISTRATION
A certified copy of this by-law may be registered on title to any land to which this
by-law applies.
20. BY-LAW ADMINISTRATION
This by-law shall be administered by the Municipal Treasurer.
21. © SCHEDULES TO THE BY-LAW
The following Schedules to this by-law form an integral part of this by-law:
Schedule "A" ~--- Schedule of Designated Municipal Services
Schedule "B" ~--_- Schedule of Municipal Development Charges
Schedule "C"~---: Map of Urban Serviced Areas
22. BY-LAW 69-2018
By-law 69-2018 is hereby repealed on the date this by-law comes into effect.
23. DATE BY-LAW EFFECTIVE
This By-law shall come into force and effect on the day following the day of its
approval by Council.
24. SHORT TITLE
This by-law may be cited as the "Municipality of Thames Centre Development
Charge By-law, 2022."
READ a FIRST and SECOND time this 7" day of March, 2022.
READ a THIRD time and FINALLY PASSED this 7" day of March, 2022.
Mayor, A. Warwick
Schedule "A"
By-law No. 17-2022
Components of Services and Classes of Services Designated in Subsection 2.1
Urban Area D.C.-Eligible Services:
e Water Services
o Treatment Facilities and Storage
o Distribution System
e Wastewater Services
o Treatment Facilities and Storage
o ©Collection System
Municipal-wide D.C.-Eligible Services:
e Services Related to a Highway
o Roads and Related
e Fire Protection Services
o Fire Facilities
o Fire Vehicles
o Fire Fighter Equipment
e Parks and Recreation Services
o Parkland Development, Outdoor Recreation and Park Amenities & Trails
o Recreation Facilities
e Library Services
o Library Facilities
e Waste Diversion Services
o Waste Diversion Facilities
o Waste Diversion Vehicles and Equipment
o Waste Diversion Other
Schedule "A"
By-law No. 17-2022
Components of Services and Classes of Services Designated in Subsection 2.1
Municipal-wide D.C.-Eligible Classes of Services:
e Growth Studies:
o Services Related to a Highway
o Fire Protection Services
o Library Services
o Parks and Recreation Services
o Waste Diversion Services
o Water Services
o Wastewater Services
o Stormwater Services
e Public Works:
o Facilities
« Services Related to a Highway
» Parks and Recreation Services
o Vehicles and Equipment
" Services Related to a Highway
» Parks and Recreation Services
Schedule "B"
By-law No. 17-2022
Schedule of Development Charges
Effective Rates January 1, 2026
RESIDENTIAL (Per Unit) NON-RESIDENTIAL
Service/Class of Service Single and Semi- Other Multiples Apartments - 2 -- magia Nursing Home (per sq. ft. of Gross
Detached Dwelling Bedrooms+ Bedroom Units Floor Area)
Bedroom
[Municipal WideServices/ClassofSevice: |
Total Municipal Wide Services / Class of Services |S _17,350.37|$ _41,316.28[$ 10,802.39|$ 6 80729|$ _5,85529|/$ 3.91
lUrbanServices Csi'
| fee Sota 3. --vsa | pastor | amaan|s----sanise [s----tvesr [se
TotalUrbanServicesC"'"'dTS:~--«#83,733.34/$ 22,000.26 /$ 20,996.16 | $ --13,234.50/$ --1,382.59/$ 15.95 |
TOTALRURALAREA DEVELOPMENT CHARGES |$~----17,350.37|$ --11,316.28|$ ----_10,802.39|$ --6,807.29|$ ----5,855.29/$ 3.91.
TOTALURBANAREADEVELOPMENT CHARGES |S --51,083.71|$ --33,316.54/$ ----31,79855|$ ----20,0a1.79|$ ----17,237.88|$ 19.86
Schedule "C"
By-law No. 17-2022
Map of Urban Service Areas
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