The Blue Mountains, Ontario
· No. 2024-29
· adopted 2024-04-15
· summary & facts
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The Corporation of the Town of The Blue Mountains
By-Law Number 2024 - 29
Being a By-law to establish Development Charges
for the Corporation of the Town of The Blue Mountains
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 needs for
services arising from development in the area to which the by-law applies;
AND WHEREAS the Council of The Corporation of the Town of The Blue Mountains ("Town of
The Blue Mountains ") has given Notice in accordance with Section 12 of the Act, of its
intention to pass a by-law under Section 2 of the said Act;
AND WHEREAS the Council of the Town of The Blue Mountains 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 March 12, 2024;
AND WHEREAS the Council of the Town of The Blue Mountains had before it a report entitled
Development Charges Background Study dated February 2, 2024 (the "Study") prepared by
Hemson Consulting Ltd., wherein it is indicated that the development of any land within the
Town of The Blue Mountains will increase the need for services as defined herein;
AND WHEREAS copies of the Study were made available on February 2, 2024 and copies of the
proposed development charges by-law were made available on February 26, 2024 to the public
in accordance with Section 12 of the Act;
AND WHEREAS the Council of the Town of The Blue Mountains on March 12, 2024 approved
the Study, dated February 2, 2024, in which certain recommendations were made relating to
the establishment of a development charge policy for the Town of The Blue Mountains
pursuant to the Act;
AND WHEREAS by resolution adopted by Council of The Corporation of the Town of The Blue
Mountains on March 12, 2024, Council determined that the increase in the need for services
attributable to the anticipated development as contemplated in the Study dated February 2,
2024, as amended, including any capital costs, will be met by updating the capital budget and
forecast for the Town of The Blue Mountains, where appropriate;
AND WHEREAS by resolution adopted by Council on March 12, 2024, Council approved the
Study, as amended, and determined that no further public meetings were required under
Section 12 of the Act;
AND WHEREAS by resolution adopted by Council of The Corporation of the Town of The Blue
Mountains on March 12, 2024, Council determined that the future excess capacity identified in
the Study, as amended, dated February 2, 2024, shall be paid for by the development charges
contemplated in the said Study, or other similar charges;
AND WHEREAS the Council of the Town of The Blue Mountains has given consideration of the
use of more than one development charge by-law to reflect different needs for services in
different areas, also known as area rating or area specific development charges, and has
determined that for the services, and associated infrastructure proposed to be funded by
development charges under this by-law, that it is fair and reasonable that the charges be
calculated on an area-specific and Town-wide uniform basis;
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AND WHEREAS the Study dated February 2, 2024, as amended, includes an Asset Management
Plan that deals with all assets whose capital costs are intended to be funded under the
development charge by-law and that such assets are considered to be financially sustainable
over their full life-cycle;
AND WHEREAS the Council of the Town of The Blue Mountains will give consideration to
incorporate the Asset Management Plan outlined in the Study, as amended, within the Town of
The Blue Mountains' ongoing practices and current and/or future corporate Asset Management
Strategies.
Now Therefore Council of The Corporation of the Town of The Blue Mountains hereby enacts as
follows:
Definitions
1.
In this By-law,
"Act" means the Development Charges Act, 1997, S.O. 1997, c.27;
"agricultural use" means lands, buildings, or structures, excluding any portion thereof
used as a dwelling unit, used, designed or intended to be used for the purpose of a bona
fide farming operation including, but not limited to, animal husbandry, bee keeping,
dairying, fallow, field crops, fish farming, forestry, fruit farming, horticulture, livestock,
market gardening, pasturage, poultry keeping, the growing, raising, packing, treating,
storing, and sale of produce produced on the premises, and other activities customarily
carried on in the field of agriculture, including the cultivation of cannabis;
"air-supported structure" means an air supported structure as defined in the
Building Code Act;
"apartment" means any dwelling unit within a building containing more than three
dwelling units where the units are connected by an interior corridor, and includes a
"commercial resort unit", "hotel" or "motel" unit;
"board" means a board of education, public school board, secondary school board,
Catholic school board, Protestant school board, or a board as defined in Subsection 1(1) of
the Education Act, R.S.O. 1990, c.E.2, as amended;
"building or structure" means a structure occupying an area greater than ten square
metres consisting of a wall, roof, and floor or any of them or a structural system serving
the function thereof including an air-supported structure, excluding a farm building;
"Building Code Act" means the Building Code Act, S.O. 1992, c.23, as amended, and all
Regulations thereto including the Ontario Building Code, 1997, as amended;
"cannabis production facility" means the use of land, buildings or structures for the
processing, testing, destruction, packaging and shipping of cannabis and for the purposes
of the by-law is defined as a non-residential use;
"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.
"commercial conference centre meeting space use" means land, buildings or structures
used, designed or intended to be used for commercial meetings such as civic,
educational, political, religious and social functions including convention centre and
facility meeting space;
"commercial maintenance facility use" means ski lift facilities, service and
maintenance facility related to a ski resort or service and maintenance facility
related to a golf course. This use shall be considered a commercial use;
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"commercial recreational facility use" means land, buildings or structures used,
designed or intended to be used for commercial indoor recreational use excluding
institutional public hall use. This use shall be considered a commercial use;
"commercial restaurant use" means land, buildings or structures used, designed or
intended to be used for the purpose of offering food or beverages for sale to the public
for consumption and includes such uses as a restaurant, drive-in restaurant, drive-thru
restaurant, take-out restaurant, dining room, lunch room, bake shop, cafeteria, coffee
shop, ice cream parlour, snack bar, or tavern including related storage. This use shall be
considered a commercial use;
"commercial other use" means land, buildings or structures used, designed, or intended
to be used for the purpose of an office, buying, selling, leasing and renting articles,
commodities, goods, merchandise, substances or wares, including related storage or the
supplying of services as distinguished form such uses as manufacturing or assembling of
goods including all non-residential uses not otherwise defined and excluding commercial
conference centre meeting space use, commercial maintenance facility use, and
commercial restaurant use. This use shall be considered a commercial use;
"commercial resort unit" means one room or a group of rooms in a building used or
designed or intended to be used by one or more persons, as a single commercial
accommodation unit within a commercial resort unit complex (i) in which food
preparation and sanitary facilities are provided for the exclusive use of such person or
persons; (ii) which has a private entrance from a common hallway or entrance either
inside or outside the building; (iii) which is part of a rental or lease management program
which consists of a minimum of ten such units in one building or group of buildings; (iv)
which is not used or designated as a principal residence; and (v) which has been
established to provide accommodation for gain or profit;
"commercial resort unit with separate designated lock off unit" means a commercial
resort unit having a single adjacent room or suite with a shared door in the common wall
between the main part of the unit and the adjacent room or suite, with a private entrance
from the common hallway or entrance either inside or outside the building for each of the
main part of the unit and the adjacent room or suite, with each of the main part of the
unit and the adjacent room or suite designated as separate condominium units in
accordance with a declaration and description, and where the gross floor area of the
adjacent room or suite does not exceed 46.5 square metres;
"Council" means the Council of The Corporation of the Town of The Blue Mountains;
"development" means any use or proposed use in respect of land that requires one or
more of the actions referred to in Section 7 of this By-law, including the construction,
erection or placing of one or more buildings or structures on land or the making of an
addition or alteration to a building or structure that has the effect of increasing the size or
usability thereof, and includes redevelopment;
"development charge" means a charge imposed pursuant to this By-law;
"dwelling unit" means one or more habitable rooms designed or intended to be used
together as a single and separate housekeeping unit by one or more persons, containing
its own culinary facilities, or facilities for the installation of cooking equipment, and
sanitary facilities, including a commercial resort unit and a commercial resort unit with
separate designated lock off unit;
"farm building" means a farm building as defined in the Building Code Act;
"floor" includes a paved, concrete, wooden, gravel, or dirt floor;
"grade" means the average level of proposed or finished ground adjoining a building or
structure at all exterior walls;
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"gross floor area" means the sum total of the total areas of all floors in a building,
structure, or dwelling unit whether at, above, or below-grade, measured between the
exterior faces of the exterior walls of the building or structure or from the centre line of a
common wall separating two uses, or from the outside edge of a floor where the outside
edge of the floor does not meet an exterior or common wall, and:
(a) includes the floor area of a mezzanine and air-supported structure and the space
occupied by interior walls partitions;
(b) excludes any parts of the building or structure used for the parking and loading of
vehicles;
(c) excludes the floor area of a hallway directly adjacent to a Commercial Resort Unit, a
hotel unit or a motel unit; and
(d) where a building or structure does not have any walls, the gross floor area of the
building or structure shall be the total of the area of all floors, including the ground
floor, that are directly beneath the roof of the building or structure;
"hotel unit" means one or more habitable rooms used, designed or intended to be used
as a sleeping accommodation unit by one or more persons, and may be used by the
travelling or vacationing public or for recreational purposes, but not containing its own
culinary facilities and for the purposes of the by-law is defined as an apartment;
"industrial other use" shall have the same meaning as the term "existing industrial
building" in Ont. Reg. 82/98 made under the Act excluding intensive industrial use;
"institutional development" 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:
1.
A university in Ontario that receives direct, regular, and ongoing operating
funding from the Government of Ontario,
2.
A college or university federated or affiliated with a university described
in subclause (1), or
3.
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.
"institutional public hall use" means land, buildings or structures used, designed or
intended to be used for a non-commercial meetings and recreation including arena or
community centre;
"institutional other use" means land, buildings or structures used, designed or intended
to be used for a non-commercial purpose by any organization, group, or association for
religious, charitable, education, health or welfare purposes excluding institutional public
hall use and institutional church use;
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"intensive industrial use" shall have the same meaning as the term "existing industrial
building" in Ont. Reg. 82/98 made under the Act where the use, due to the nature of its
operation or materials used therein, would be considered obnoxious by reason of or
emissions such as smoke, noise, dust, fumes, odours, or vibrations;
"local board" means municipal service board, municipal business corporation,
transportation commission, public library board, board of health, police services board,
planning board, or any other board, commission, committee, body or local authority
established or exercising any power under any general or special act with respect to the
affairs or purposes of the Town, but excluding a board, a conservation authority, any
municipal business corporation not deemed to be a local board under O. Reg. 168/03
made under the Municipal Act, 2001, S. O. 2001, c.25, and any corporation created under
the Electricity Act, 1998, S. O. 1998, c. 15, Sch. "A";
"mezzanine" means a mezzanine as defined in the Building Code Act;
"motel unit" means one or more habitable rooms used, designed or intended to be used
as a sleeping accommodation unit by one or more persons, and may be used by the
travelling or vacationing public or for recreational purposes, but not containing its own
culinary facilities, and for the purposes of the by-law is defined as an apartment;
"non-profit housing development" means the development of a building or structure
intended for use as a residential premises (including emergency transitional housing) and
developed by,
(a) 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,
(b) 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
(c) a non-profit housing co-operative that is in good standing under the Co-operative
Corporations Act. 2022, c. 21, Sched. 3, s. 4.
"non-residential use" means land, buildings or structures or portions thereof used,
designed or intended to be used for a purpose other than for residential use;
"Ontario Building Code" means the Building Code Act, 1992, S.O. 1992, c.23 as amended
or superseded;
"other multiple" mean residential buildings not including single detached dwellings, semi-
detached dwellings or apartment dwellings;
"owner" means the owner of land or any person authorized by such owner to make one
or more applications described in Section 7 of this By-law for the development of such
land;
"place of worship" means land, buildings or structures used, designed, or intended to be
used for a place of worship or for the purpose of a cemetery or burial ground and exempt
from taxation under the Assessment Act, R.S.O. 1990, c.A.31, as amended;
"Planning Act" means the Planning Act, R.S.O. 1990, c. P.13, as amended or superseded;
"private ski club lodge use" means base lodge associated with a private ski club resort
that does not provide night skiing;
"protracted" means in relation to a temporary building or structure the persistence of its
construction, erection, placement on land, alteration or of an addition to it for a
continuous period exceeding eight months;
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"Public Works" includes, but is not limited to, lands, buildings, structures, equipment and
fleet;
"redevelopment" means the construction, erection or placing of one or more buildings or
structures on land where all or part of a building or structure has previously been
demolished on such land, changing the use of a building or structure from residential to
non-residential or from non-residential to residential or changing a building or structure
from one type of residential development to another or from one type of non-residential
development to another;
"rental housing" means development of a building or structure with four or more dwelling
units all of which are intended for use as rented residential premises;
"residential use" means land, buildings or structures or portions thereof used, designed
or intended to be used for human habitation as a home, residence or living
accommodation for one or more individuals and includes commercial resort units, hotel
or motel units;
"Roads & Related Services" include, but are not limited to, land, bridges, culverts,
structures, drainage ditches, highways, roadways, sidewalks, signal lights, storm sewers
and street lights;
"Sanitary Sewage System" means all land, buildings, structures, works, facilities and
things related to sanitary sewer services including, but not limited to, all works for the
collection, transmission, treatment, and disposal of sewage;
"semi-detached dwellings" mean a residential building divided vertically into dwelling
units each of which has a separate entrance and access at grade;
"services" means services designated in this By-law including Schedule B to this By-law or
in agreement under Section 44 of the Act, or both;
"Service Area" means lands in one of Service Areas 1 to 12 as shown on Schedule "A" to
this By-law being Service Area 1 Craigleith, 2 Castle Glen, 3 Osler, 4 Thornbury Easy, 5
Thornbury West, 6 Clarksburg, 7 Lora Bay SA1, 8 Lora Bay SA2, 9 Lora Bay SA3, 10
Camperdown and 11 Swiss Meadows;
"Service Area 12" means all lands in the geographic area of the Town of The Blue
Mountains that are not located in Service Area 1 to 11 inclusive as shown on Schedule "A"
to this By-law;
"single detached dwellings" mean residential buildings, each of which contain a single
dwelling unit, that are not attached to other buildings;
"temporary building or structure" means a building or structure constructed or erected or
placed on land for a continuous period not exceeding eight months, or an addition or
alteration to a building or structure that has the effect of increasing the gross floor area
thereof for a continuous period not exceeding eight months;
"Town" means the Corporation of the Town of The Blue Mountains, including the former
Town of Thornbury and the former Township of Collingwood;
"Waterworks System" means all land, buildings, structures, works, facilities and things
related to water services including, but not limited to, all works for the production,
treatment, storage, supply, transmission and distribution of water.
Rules
2.
For the purpose of complying with Section 6 of the Act:
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(a) the area to which this By-law applies shall be the area described in Section 3 of this
By-law;
(b) the rules developed under paragraph 9 of Subsection 5(1) of the Act for determining
if a development charge is payable in any particular case and for determining the
amount of the charge shall be as set forth in Sections 4 through 17, inclusive, and
Section 27 of this By-law;
(c) the exemptions, partial exemptions and credits provided for by such rules shall be
the exemptions, partial exemptions and credits set forth in Sections 18 through 22,
inclusive, of this By-law, the indexing of charges shall be in accordance with Section
15 of this By-law, and there shall be no phasing in of development charges as
provided in Subsection 16(1) of this By-law; and
(d) the redevelopment of land shall be in accordance with the rules set forth in Section
22 of this By-law.
Lands Affected
3.
This By-law applies to all lands in the geographic area of the Town, whether or not the
land is exempt from taxation under the Assessment Act, R.S.O. 1990, c.A.31, as amended.
In addition to this By-law, lands in the Town may also be subject to area-specific
development charges by-laws.
Designation of Services
4.
It is hereby declared by Council that all development within the area to which this By-
law applies will increase the need for services.
5.
The development charge applicable to a development as determined under this By- law
shall apply without regard to the services required or used by an individual
development.
6.
Development charges shall be imposed for the following categories of services (refer to
Schedules B and C) to pay for the increased capital costs required because of increased
needs for services arising from development:
(a)
Public Library Services;
(a)
Fire Services;
(b)
Police Department Services;
(c)
Parks & Recreation Services;
(d)
By-law Enforcement Services;
(e)
Solid Waste Management Services;
(f)
Development Related Studies, subject to paragraph 28 of this By-law;
(g)
Services Related to a Highway: Public Works;
(h)
Services Related to a Highway: Roads & Related Services;
(i)
Waterworks System; and
(j)
Sanitary Sewage System.
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Approvals for Development
7.
Development charges shall be imposed against all lands, buildings or structures
within the area to which this By-law applies if the development of such lands,
buildings or structures requires any of the following approvals:
(a)
the passing of a zoning by-law or of an amendment to a zoning by-law under Section
34 of the Planning Act;
(b)
the approval of a minor variance under Section 45 of the Planning Act, R.S.O. 1990,
c. C.26, as amended, or Section 9 of the Condominium Act, 1998, S. O. 1998, C. 19,
as amended, or its predecessor Act
(c)
a conveyance 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)
a consent under Section 53 of the Planning Act;
(f)
the approval of a description under Section 50 of the Condominium Act; or
(g)
the issuing of a permit under the Building Code Act, 1992 in relation to a building or
structure.
8.
No more than one development charge under this by-law for each service designated in
Section 6 shall be imposed upon any lands, buildings or structures to which this By-law
applies even though two or more of the actions described in Section 7 are required
before the lands, buildings or structures can be developed.
9.
Notwithstanding Section 8 and Section 13, if two or more of the actions described in
Section 7 occur at different times, additional development charges shall be imposed in
respect of any increased or additional development permitted by that action.
10. Where a development requires an approval described in Section 7 after the issuance of a
building permit and no development charge has been paid, then the development charge
shall be paid prior to the granting of the approval required under Section 7.
11. If a development does not require a building permit but does require one or more of the
approvals described in Section 7, then the development charge shall nonetheless be
payable in respect of any increased or additional development permitted by such approval
required for the increased or additional development being granted.
12. Nothing in this By-law prevents Council from requiring, as a condition of an agreement
under Section 51 or Section 53 of the Planning Act, that the owner, at his or her own
expense, install such local services related to a plan of subdivision or within the area to
which the plan relates, as Council may require in accordance with the local service policies
of the Town in effect at the time, or that the owner pay for local connections to storm
drainage facilities installed at the owner's expense, or administrative, processing, or
inspection fees.
Basis for Calculation of Development Charges
13. The development charge with respect to the development of any land, buildings or
structures shall be calculated as follows:
(1) in the case of residential development, or the residential portion of a mixed-use
development, based upon the number and type of dwelling units and the Service Area in
which the development occurs;
(2) in the case of non-residential development, or the non-residential portion of a mixed-
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use development, based upon the gross floor area of such development, the Service
Area in which the development occurs, and the type of development; and,
(3) in the case of a type of development not described above, based upon the number
and type of units and/or gross floor area portions of such development and the
Service Area in which the development occurs.
Amount of Development Charges
14. The amount of the development charge shall be imposed as follows:
(1) the development charges described in Schedules C-1, C-2 and C-3 to this By- law shall be
imposed on residential development of lands, buildings or structures, including a
dwelling unit accessory to a non-residential use and, in the case of a mixed- use building
or structure, on the residential component of the mixed-use building or structure,
calculated for each dwelling unit by type;
(2) the development charges described in Schedule D to this By-law shall be imposed on the
non-residential development of land, buildings, or structures and, in the case of a mixed-
use building or structure, on the non-residential portion of the mixed-use building or
structure, and calculated on the gross floor area of the non-residential use; and,
(3) in the case of a type of development not described above, the development charges
described in Schedules C-1, C-2 and C-3 and D, as the case may be, shall be imposed on
the portions of the development.
Indexing of Development Charges
15. The development charges imposed pursuant to this By-law may be adjusted annually
without amendment to this By-law, commencing January 1, 2025 and on January 1 of
each year thereafter, in accordance with the most recently available Statistics Canada
Quarterly, Construction Price Statistics.
Phasing, Timing of Calculation and Payment
16. (1) The development charges set out in this By-law are not subject to phasing in and
are payable in full, subject to the exemptions and credits herein, from the date
this By-law comes into force.
(2) Subject to Subsection (3), Subsection (4), Section 21, and Section 22, the
development charge shall be calculated as of and shall be payable on the date the
first building permit is issued in relation to a building or structure on land to which
the development charge applies.
(3) Notwithstanding Subsection (2) the Town-wide Roads & Related Services, , Sanitary
Sewage System, and Waterworks System services components of the development
charges for residential developments that require approval of a plan of subdivision
under Section 51 of the Planning Act or a consent under Section 53 of the Planning
Act and for which a subdivision agreement or consent agreement is executed by
the owner shall be calculated and shall be payable immediately upon the owner
executing the agreement, pursuant to Section 26 of the Act. The terms of such
agreement shall then prevail over the other provisions of this section.
(4) If at the time of issuance of a building permit or permits for any development for
which payments have been made pursuant to subsection 16(2) and subsection
16(3), the total number and type of dwelling units for which building permits have
been and are being issued, or the gross floor area used or intended to be used for a
non-residential purpose for which building permits have been and are being issued,
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is greater than that used for the calculation and payment referred to in subsection
(1), an additional payment shall be required and shall be calculated by multiplying
the applicable charge shown in Schedules C-1, C-2 and C-3 or D, by:
(a) in the case of residential development, the difference between the number and
type of dwelling units for which building permits have been and are being issued
and the number and type of dwelling units for which payments have been made
pursuant to subsection 16(2), subsection 16(3) and this subsection; and
(b) in the case of non-residential development, the difference between the gross
floor area used or intended to be used for a non-residential purpose for which
building permits have been and are being issued and the gross floor area used
or intended to be used for a non-residential purpose for which payments have
been made pursuant to subsection 16(2), subsection 16(3) and this subsection.
(5) Subject to subsection 16(7), if, following the issuance of all building permits for all
development in a subdivision or for all development on a block within that
subdivision that had been intended for future development and for which payments
have been made pursuant to subsection 16(2) and subsection 16(3), the total
number and type of dwelling units for which building permits have been issued, or
the gross floor area used or intended to be used for a non-residential purpose for
which building permits have been issued, is less than that used for the calculation
and payment referred to in subsection 16(2) and subsection 16(3), a refund shall
become payable by the Town to the person who originally made the payment
referred to in subsection 16(2) and subsection 16(3) which refund shall be calculated
by multiplying the applicable development charge in effect at the time such
payments were made by:
(a) in the case of residential development, the difference between the number of
dwelling units by type for which payments were made pursuant to subsection
16(2) and subsection 16(3) and the number of dwelling units by type for which
building permits were issued; and
(b) in the case of non-residential development, the difference between the gross
floor area used or intended to be used for a non-residential purpose for which
payments were made pursuant to subsection 16(2) and subsection 16(3) and
the gross floor area used or intended to be used for a non-residential purpose
for which building permits were issued.
(6) Subsections 16(4) and 16(5) shall apply with necessary modifications to a
development for which development charges have been paid pursuant to a
condition of consent or pursuant to an agreement respecting same.
(7) Notwithstanding subsections 16(1) to 16(6), the Town may require and where so
required an owner shall enter into an agreement, including the provision of security
for the owner's obligations under the agreement, pursuant to section 27 of the Act
and, without limiting the generality of the foregoing, such an agreement may
require the early payment of the development charges hereunder. The terms of
such agreement shall then prevail over the provisions of this By-law.
(8) Any refunds payable pursuant to subsections 16(5) and 16(6) shall be calculated and
paid without interest.
(9) Notwithstanding subsections 16(1) to 16(6), development charges for rental housing
and institutional developments in accordance with Section 26.1 of the Development
Charges Act, 1997, are due inclusive of interest established from the date the
development charge would have been payable in accordance with section 26 of the
Development Charges Act, 1997, in 6 equal annual payments beginning on the date
that is the earlier of:
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a. the date of the issuance of a permit under the Building Code Act,
1992 authorizing occupation of the building; and
b. the date the building is first occupied.
and continuing on the following five anniversaries of that date.
(10) 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 subsection 16(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 subsection 16(2) shall be
calculated on the rates in effect on the day of the later planning application, including
interest. This paragraph will apply in accordance with the legislation, subject to
amendment.
Payment by Money or the Provision of Services
17. (1) Payment of development charges shall be by cash or by cheque.
(2) In the alternative to payment by the means provided in Subsection (1), the Town
may, by an agreement entered into with the owner under Section 38 of the Act,
accept the provision of services in full or partial satisfaction of the development
charge otherwise payable provided that:
(a) if the Town and the owner cannot agree as to the reasonable cost of the
work performed, the reasonable cost of the work shall be determined by the
Town's Treasurer; and
(b) if the credit exceeds the amount of the charge for the service to which the
work relates,
(i)
the excess amount shall not be credited against the charge for any other
service, unless the Town has so agreed in an agreement under Section
38 of the Act; and
(ii)
in no event shall the Town be required to make a cash payment to the
credit holder.
(3) Nothing in this By-law prevents Council from requiring, as a condition of any
approval given under the Planning Act that the owner, at the owner's expense,
installs such local services as Council may require in accordance with the local
service policies of the Town in effect at the time.
Statutory Exemptions
Rules for Exemption Relating to the Creation of Additional Dwelling Units
18. (1)
Exemptions will be provided in accordance with section 2 of the Act for additional
residential units subject to changes to legislation.
Rules for Exemption Relating to Non-Profit Housing
(2)
As defined and exempt by the Act, development charges will not be payable for non-
profit housing.
Rules for Exemption Relating to Colleges and Universities
(3)
Land, buildings or structures that are exempt from taxation under the enabling
legislation of a college established under the Ontario Colleges of Applied Arts and
Page 12 of 21
Technology Act, 2002, and used for the purposes set out under such enabling
legislation;
(4) Land, buildings or structures owned by a university that receives regular and ongoing
operating funds from the Government of Ontario for the purposes of post-secondary
education.
Rules for Exemption Relating to Inclusionary Zoning
(5) Inclusionary zoning residential units in respect of residential units that are affordable
housing units as defined by the Act required to be included in a development or
redevelopment pursuant to a by-law passed under section 34 of the Planning Act to
give effect to the policies described in subsection 16 (4) of that Act. 2022, c. 21, Sched.
3, s. 4 .
Rules for Exemption Relating to Municipalities
(6) Land, buildings or structures owned by and used for the purposes of a
municipality and exempt from taxation under Section 3 of the Assessment Act,
R.S.O. 1990, c.A.31, as amended;
(7) Lands, buildings or structures owned by and used for the purposes of a board and
exempt from taxation under Section 3 of the Assessment Act,
Rules for Exemption Relating to Industrial Enlargement
19. (1) If a development includes the enlargement of the gross floor area of an existing
industrial building, the amount of the development charge that is payable is the
following:
(a) if the gross floor area is enlarged by 50 per cent or less, the amount of the
development charge in respect of the enlargement is zero; and
(b) if the gross floor area is enlarged by more than 50 per cent, development
charges are payable on the amount by which the enlargement exceeds 50 per
cent of the gross floor area before the enlargement.
(2) For the purpose of this Section only the terms "gross floor area" and "existing
industrial building" shall have the same meaning as those terms have in Ont. Reg
82/98 made under the Act.
(3) In this Section, for greater certainty in applying the exemption herein:
(a) the gross floor area of an existing industrial building shall be determined as
of the date this By-law comes into force; and
(b) the gross floor area of an existing industrial building is enlarged where there
is a bona fide increase in the size of the existing building and the enlarged
area is attached to existing industrial building and is used for or in connection
with an industrial purpose as set out in Subsection 1(1) of O. Reg. 82/98.
Without limiting the generality of the foregoing, the exemption in this
Section shall not apply where the enlarged area is attached to the existing
industrial building by means only of a tunnel, bridge, canopy, corridor or
other passageway, or through a shared below grade connection such as a
service tunnel, foundation, footing or a parking facility.
(4) For the purpose of interpreting the definition of "existing industrial building"
contained in O. Reg. 82/98, regard shall be had for the classification of the lands
in question pursuant to the Assessment Act, R. S. O. 1990, c. A.31, as amended,
and in particular: whether the lands fall within a tax class such that taxes on the
Page 13 of 21
land are payable at an industrial rate; and, whether more than 50% of the gross
floor area of the building or structure on the land has an industrial property code
for assessment purposes.
Categories of Non-Statutory Exempt Uses
20. The following categories of uses are hereby designated as being exempt from
the payment of development charges:
(1)
buildings or structures used as public hospitals governed by the Public
Hospitals Act, R.S.O. 1990, c.P.40, as amended;
(2)
land, buildings or structures used for place of worship use and exempt from
taxation under the Assessment Act, R.S.O. 1990, c.A.31, as amended; and
(3)
land, buildings or structures for agricultural use which do not receive
municipal sanitary sewer or water supply services.
Temporary Buildings or Structures
22. (1) Subject to Subsections (2) and (3), temporary buildings or structure shall be exempt
from the payment of development charges.
(2) In the event that a temporary building or structure becomes protracted, it shall
be deemed not to be nor ever to have been a temporary building or structure,
and the development charges required to be paid under this By-law shall become
payable on the date the temporary building or structure becomes protracted.
(3) Prior to the Town issuing a building permit for a temporary building or structure,
the Town may require an owner to enter into an agreement, including the
provision of security for the owner's obligation under the agreement, pursuant to
Section 27 of the Act providing for all or part of the development charge required
by Subsection (2) to be paid after it would otherwise be payable. The terms of
such agreement shall then prevail over the provisions of this By-law.
Rules for the Redevelopment of Land
23. (1) Despite any other provision of this By-law, where as a result of the
redevelopment of land, a building or structure existing on the same land has
been demolished in order to facilitate redevelopment, or converted from one
principal use to another principal use on the same land, the development
charges otherwise payable with respect to such redevelopment shall be reduced
by the following amounts:
(a) in the case of a residential building or structure, an amount equivalent to the
applicable development charge for the Residential Type of the existing
dwelling that has been or will be demolished or converted to another principal
use; or
(b) in the case of a non-residential building or structure, an amount calculated by
multiplying the applicable development charge by the Gross Floor Area that
has been or will be demolished or converted to another principal use; or
(c) in the case of a mixed-use building or structure, by an amount calculated by
the residential unit type for the existing residential use portion and by gross
floor area for the non-residential use portion, of the unit that has been or will
be demolished or converted to another principal use.
(2) The amount of any reduction or credit permitted shall not exceed, in total, the
Page 14 of 21
amount of the development charges otherwise payable with respect to the re-
development.
(3) Any reduction or credit applicable hereunder shall only apply provided that a
building permit for the redevelopment has been issued within five (5) years of the
date of the issuance of a permit for the demolition of any building or structure on
the same lands.
(4) If the lands are unserviced at the time it is demolished, water or wastewater
development charges will not be credited. Water or wastewater development
charges (or the equivalent) will be due upon servicing.
(5) For greater certainty, and without limiting the generality of the foregoing, no
credit shall be allowed where the demolished building or structure or part thereof
prior to the demolition or conversion would have been exempt from the payment
of development charges pursuant to this By-law (e.g. temporary structures).
Rules with Respect to Existing Agreements
24.
If there is a conflict between this By-law and an agreement made between the Town
and the owner or former owner of land before the coming into force of this By- law
and the owner or former owner of the land agreed to pay all or a portion of a charge
related to development under the agreement with respect to the land or provided
services in lieu of payment, then the provisions of the agreement prevail over the By-
law to the extent of the conflict. The extent of the conflict shall be determined on a
service by service basis. Notwithstanding the allocation of total development charges
within an existing agreement, the development charges may be reallocated by the
Town to services set out in this By-law.
Reserve Funds
25. (1) Development charge payments received by the Town pursuant to this By-law shall
be maintained in a separate reserve fund or funds for each service to which the
development charge relates and shall be spent only for the capital costs
determined under paragraphs 2 to 8 of Subsection 5(1) of the Act.
(2) Notwithstanding anything herein to the contrary, the Town may borrow money
from a reserve fund and repay the amount used plus interest at a rate not less than
the Bank of Canada rate updated on the first business day of every January, April,
July, and October.
Interest
26. The Town shall pay interest on a refund under Subsection 18(3) and Subsection 25(2) of
the Act at a rate equal to the Bank of Canada rate on the date this By-law comes into
force.
Front Ending Agreements
27. The Town may enter into agreements under Section 44 of the Act.
Schedules
28. The following Schedules to this By-law form an integral part of this By-law.
Schedule A
Service Area Boundaries
Schedule B
Designated Services
Page 15 of 21
Schedule C
Development Charges per Residential Dwelling Unit
Schedule D
Development Charges per Square Metre of Non-Residential Gross
Floor Area
By-law Registration
29. A certified copy of this By-law may be registered in the by-law register in the Land
Registry Office against all land in the Town and may be registered against title to any
land to which this By-law applies.
Date By-law Effective
30. This By-law comes into force and effect from and after date of its enactment.
Date By-law Expires
31. This By-law expires ten years after the date on which it comes into force unless repealed at
an earlier date by Council.
Repeal
32. By-law No.2019-17 is hereby repealed effective on the date this By-law comes into
force.
Headings for Reference Only
33. The headings inserted in this By-law are for convenience of reference only and shall
not affect the construction or interpretation of this By-law.
Severability
34. If, for any reason, any provision, Section, Subsection or paragraph of this By-law is held
invalid, it is hereby declared to be the intention of Council that all the remainder of this
By-law shall continue in full force and effect until repealed, re- enacted or amended, in
whole or in part or dealt with in any other way.
And further that this By-law shall come into force and take effect upon the enactment thereof.
Enacted and passed this 15th day of April, 2024
"Original Signed"
Andrea Matrosovs, Mayor
"Original Signed"
Corrina Giles, Clerk
THE CORPORATION OF THE TOWN OF THE BLUE MOUNTAINS By-law No. 2024- 29
Schedule A
Page 16 of 21
THE CORPORATION OF THE TOWN OF THE BLUE MOUNTAINS
By-law No. 2024 - 29
Schedule B
Designated Services
Categories of Services
1. Public Library
2. Fire Services
3. Police Department
4. Parks and Recreation
5. By-law Enforcement
6. Solid Waste Management
7. Development Related Studies
8. Services Related to a Highway: Public Works
9. Services Related to a Highway: Roads and Related Services
10. Waterworks System
11. Sanitary Sewage System
Page 17 of 21
Page 18 of 21
THE CORPORATION OF THE TOWN OF THE BLUE MOUNTAINS
By-law No. 2024 - 29
Schedule C-1
DEVELOPMENT CHARGES FOR "SINGLE AND SEMI-DETACHED" DWELLING UNITS
Municipal Service
Service Area
Parks &
By-law
Solid Waste
Public
Roads
Sanitary
Sub-Total
Development
Total
Recreation
Enforcement Management
Works*
& Related*
Sewer
Charge
Rel. Studies**
Charge
1.
Craigleith
$1,082
$1,687
$129
$5,698
$30
$165
$1,273
$12,209
$11,485
$4,304
$38,061
$366
$38,427
2.
Castle Glen
$1,082
$1,687
$129
$5,698
$30
$165
$1,273
$12,209
$22,210
$5,728
$50,211
$366
$50,577
3.
Osler
$1,082
$1,687
$129
$5,698
$30
$165
$1,273
$12,209
$40,141
$38,403
$100,817
$366
$101,183
4.
Thornbury East
$1,082
$1,687
$129
$5,698
$30
$165
$1,273
$12,209
$6,970
$12,516
$41,759
$366
$42,125
5.
Thornbury West
$1,082
$1,687
$129
$5,698
$30
$165
$1,273
$12,209
$26,498
$23,182
$71,953
$366
$72,319
6.
Clarksburg
$1,082
$1,687
$129
$5,698
$30
$165
$1,273
$12,209
$20,935
$30,114
$73,322
$366
$73,688
7.
Lora Bay - SA1
$1,082
$1,687
$129
$5,698
$30
$165
$1,273
$12,209
$15,384
$15,705
$53,362
$366
$53,728
8.
Lora Bay - SA2
$1,082
$1,687
$129
$5,698
$30
$165
$1,273
$12,209
$12,533
$12,062
$46,868
$366
$47,234
9.
Lora Bay - SA3
$1,082
$1,687
$129
$5,698
$30
$165
$1,273
$12,209
$12,533
$12,144
$46,950
$366
$47,316
10. Camperdown
$1,082
$1,687
$129
$5,698
$30
$165
$1,273
$12,209
$19,132
$24,408
$65,813
$366
$66,179
11. Swiss Meadows
$1,082
$1,687
$129
$5,698
$30
$165
$1,273
$12,209
$0
$0
$22,273
$366
$22,639
* Services Related to a Highway
** Class of services of Development Related Studies to be in effect immediately upon amendment to the Act.
Library
Fire
Water
Police
Page 19 of 21
THE CORPORATION OF THE TOWN OF THE BLUE MOUNTAINS
By-law No. 2024 - 29
Schedule C-2
DEVELOPMENT CHARGES FOR "OTHER MULTIPLES" DWELLING UNITS
Municipal Service
Service Area
Parks &
By-law
Solid Waste
Public
Roads
Sanitary
Sub-Total
Development
Total
Recreation
Enforcement Management
Works*
& Related*
Sewer
Charge
Rel. Studies**
Charge
1.
Craigleith
$971
$1,514
$115
$5,114
$27
$148
$1,142
$10,958
$10,308
$3,863
$34,161
$328
$34,489
2.
Castle Glen
$971
$1,514
$115
$5,114
$27
$148
$1,142
$10,958
$19,934
$5,141
$45,065
$328
$45,393
3.
Osler
$971
$1,514
$115
$5,114
$27
$148
$1,142
$10,958
$36,027
$34,467
$90,484
$328
$90,812
4.
Thornbury East
$971
$1,514
$115
$5,114
$27
$148
$1,142
$10,958
$6,256
$11,234
$37,480
$328
$37,808
5.
Thornbury West
$971
$1,514
$115
$5,114
$27
$148
$1,142
$10,958
$23,782
$20,806
$64,579
$328
$64,907
6.
Clarksburg
$971
$1,514
$115
$5,114
$27
$148
$1,142
$10,958
$18,789
$27,028
$65,807
$328
$66,135
7.
Lora Bay - SA1
$971
$1,514
$115
$5,114
$27
$148
$1,142
$10,958
$13,807
$14,096
$47,892
$328
$48,220
8.
Lora Bay - SA2
$971
$1,514
$115
$5,114
$27
$148
$1,142
$10,958
$11,249
$10,826
$42,065
$328
$42,393
9.
Lora Bay - SA3
$971
$1,514
$115
$5,114
$27
$148
$1,142
$10,958
$11,249
$10,899
$42,138
$328
$42,466
10. Camperdown
$971
$1,514
$115
$5,114
$27
$148
$1,142
$10,958
$18,763
$23,384
$62,136
$328
$62,464
11. Swiss Meadows
$971
$1,514
$115
$5,114
$27
$148
$1,142
$10,958
$0
$0
$19,989
$328
$20,317
* Services Related to a Highway
** Class of services of Development Related Studies to be in effect immediately upon amendment to the Act.
Library
Fire
Police
Water
Page 20 of 21
THE CORPORATION OF THE TOWN OF THE BLUE MOUNTAINS
By-law No. 2024 - 29
Schedule C-3
DEVELOPMENT CHARGES FOR "APARTMENT" DWELLING UNITS
Municipal Service
Service Area
Parks &
By-law
Solid Waste
Public
Roads
Sanitary
Sub-Total
Development
Total
Recreation
Enforcement Management
Works*
& Related*
Sewer
Charge
Rel. Studies**
Charge
1.
Craigleith
$728
$1,135
$87
$3,835
$20
$111
$857
$8,218
$7,731
$2,897
$25,621
$246
$25,867
2.
Castle Glen
$728
$1,135
$87
$3,835
$20
$111
$857
$8,218
$14,950
$3,855
$33,799
$246
$34,045
3.
Osler
$728
$1,135
$87
$3,835
$20
$111
$857
$8,218
$27,020
$25,850
$67,863
$246
$68,109
4.
Thornbury East
$728
$1,135
$87
$3,835
$20
$111
$857
$8,218
$4,692
$8,425
$28,110
$246
$28,356
5.
Thornbury West
$728
$1,135
$87
$3,835
$20
$111
$857
$8,218
$17,837
$15,605
$48,434
$246
$48,680
6.
Clarksburg
$728
$1,135
$87
$3,835
$20
$111
$857
$8,218
$14,092
$20,271
$49,355
$246
$49,601
7.
Lora Bay - SA1
$728
$1,135
$87
$3,835
$20
$111
$857
$8,218
$10,356
$10,572
$35,919
$246
$36,165
8.
Lora Bay - SA2
$728
$1,135
$87
$3,835
$20
$111
$857
$8,218
$8,436
$8,119
$31,549
$246
$31,795
9.
Lora Bay - SA3
$728
$1,135
$87
$3,835
$20
$111
$857
$8,218
$8,436
$8,175
$31,604
$246
$31,850
10. Camperdown
$728
$1,135
$87
$3,835
$20
$111
$857
$8,218
$17,956
$21,141
$54,088
$246
$54,334
11. Swiss Meadows
$728
$1,135
$87
$3,835
$20
$111
$857
$8,218
$0
$0
$14,991
$246
$15,237
* Services Related to a Highway
** Class of services of Development Related Studies to be in effect immediately upon amendment to the Act.
Library
Fire
Police
Water
Page 21 of 21
THE CORPORATION OF THE TOWN OF THE BLUE MOUNTAINS
By-law No. 2024 - 29
Schedule D
DEVELOPMENT CHARGES PER SQUARE METRE OF NON-RESIDENTIAL GROSS FLOOR AREA
Municipal Service
Service Area
Parks &
By-law
Solid Waste
Public
Roads
Sanitary
Sub-Total
Development
Total
Recreation
Enforcement Management
Works*
& Related*
Sewer
Charge
Rel. Studies**
Charge
1.
Craigleith
$0.00
$9.47
$0.72
$0.00
$0.17
$0.93
$7.15
$68.57
$84.23
$24.99
$196.23
$2.05
$198.28
2.
Castle Glen
$0.00
$9.47
$0.72
$0.00
$0.17
$0.93
$7.15
$68.57
$202.41
$44.42
$333.84
$2.05
$335.89
3.
Osler
$0.00
$9.47
$0.72
$0.00
$0.17
$0.93
$7.15
$68.57
$326.28
$290.96
$704.25
$2.05
$706.30
4.
Thornbury East
$0.00
$9.47
$0.72
$0.00
$0.17
$0.93
$7.15
$68.57
$65.14
$79.62
$231.77
$2.05
$233.82
5.
Thornbury West
$0.00
$9.47
$0.72
$0.00
$0.17
$0.93
$7.15
$68.57
$199.71
$161.27
$447.99
$2.05
$450.04
6.
Clarksburg
$0.00
$9.47
$0.72
$0.00
$0.17
$0.93
$7.15
$68.57
$267.83
$361.29
$716.13
$2.05
$718.18
7.
Lora Bay - SA1
$0.00
$9.47
$0.72
$0.00
$0.17
$0.93
$7.15
$68.57
$118.77
$99.63
$305.41
$2.05
$307.46
8.
Lora Bay - SA2
$0.00
$9.47
$0.72
$0.00
$0.17
$0.93
$7.15
$68.57
$95.53
$125.21
$307.75
$2.05
$309.80
9.
Lora Bay - SA3
$0.00
$9.47
$0.72
$0.00
$0.17
$0.93
$7.15
$68.57
$95.53
$96.23
$278.77
$2.05
$280.82
10. Camperdown
$0.00
$9.47
$0.72
$0.00
$0.17
$0.93
$7.15
$68.57
$151.84
$155.93
$394.78
$2.05
$396.83
11. Swiss Meadows
$0.00
$9.47
$0.72
$0.00
$0.17
$0.93
$7.15
$68.57
$0.00
$0.00
$87.01
$2.05
$89.06
* Services Related to a Highway
** Class of services of Development Related Studies to be in effect immediately upon amendment to the Act.
Library
Fire
Police
Water