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By-Law 41-2024
Authorization Reference: DF 6-2024
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THE CORPORATION OF THE CITY OF THOROLD
BY-LAW NO. 41-2024
A BY-LAW TO ESTABLISH DEVELOPMENT CHARGES
WHEREAS the Development Charges Act, 1997, S.O. 1997, c. 27 (the "Act")
provides that the council of a municipality may by By-law impose development
charges against land to pay for increased capital costs required because of
increased needs for services; and
WHEREAS a development charge background study has been completed on
March 28, 2024 in accordance with the section 10 of the Act; and
WHEREAS the Council of the City of Thorold has given notice and held a public
meeting on May 7, 2024 and May 28, 2024, in accordance with the Act and the
regulations thereto; and
WHEREAS Council, on May 28, 2024, adopted report DF 6-2024, as revised
thereby indicating that it intends to ensure that the increase in the need for
services attributable to the anticipated development will be met, subject to
sufficient development charge revenues being generated and other municipal
affordability criteria being met; and
WHEREAS Council determined that no further public meetings were required
under section 12 of the Act.
Now therefore, the Council of The Corporation of the City of Thorold enacts as
follows: Definitions
1.
In this By-law,
"Act" means the Development Charges Act, 1997, S.O. 1997, c. 27.
"Affordable Residential Unit" means a Dwelling Unit that meets the criteria set
out in subsection 4.1 (2) or 4.1(3) of the Act.
"Agricultural use" means the growing of crops, including nursery, biomass, and
horticultural crops; raising of livestock; raising of other animals for food, fur or
fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup
production; and associated on-farm buildings and structures located on the same
lot, including, but not limited to livestock facilities and manure storage; but shall
not include vermiculture, and retail sales activities (such as but not limited to
restaurants, banquet facilities, hospitality facilities and gift shops).
"Air-supported structure" means an air supported structure as defined in the
Building Code Act.
"Apartment" means a building consisting of more than one dwelling unit, which
includes a stacked townhouse and duplex, but does not include a back-to-back
townhouse, a single detached dwelling, a semi-detached dwelling, a group home,
a special care/special dwelling, or a multiple dwelling.
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"Attainable Residential Unit" means a Dwelling Unit that meets the criteria set
out in subsection 4.1(4) of the Act.
"Back-to-back townhouse" means a building containing four or more dwelling
units separated vertically by a common wall, including a rear common wall, that
do not have rear yard.
"Board of education" means a board of education as specified in the Education
Act, namely a French-language and/or English-language, public or separate
school board;
"Brownfields" means land located within the boundaries of the City, upon which
there has been previous agricultural, industrial, institutional, or commercial or
open lands use or other use as prescribed under the Environmental Protection
Act, R.S.O. 1990, c.E. 19 and Ontario Regulation 153/04, thereto, each as
amended from time to time, and for which site remediation is required in
accordance with a Phase 2 Environmental Site Assessment, and for which a
Record of Site Condition has been filed on the Province's Brownfields
Environmental Site Registry pursuant to the Environmental Protection Act,
R.S.O., 1990, c.E,19 and Ontario Regulation 153/04 thereto, each as amended
from time to time.
"Building" means a structure, whether permanent or temporary, having a roof
supported by columns or walls or supported directly on the foundation and used
for accommodation, shelter or storage of people, animals or goods but shall not
include a fence, trailer, truck camper, motor home, or tent.
"Building Code Act" means the Building Code Act, S.O. 1992, chapter 23, as
amended by S.O. 1997, c.24 & S.O. 1997, c.30 Schedule Band any subsequent
amendments thereto, to any successor legislation thereto;
"City" means The Corporation of the City of Thorold;
"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" means any non-residential development that is not "industrial" or
"institutional" as defined in this By-law.
"Development" means the construction, erection or placing of one or more
buildings or structures on land or the making of an addition or alteration to a
building or structure that has the effect of increasing the total floor area, and
includes redevelopment.
"Development Charge" means a charge imposed with respect to growth-related
net capital costs against land under this By-law.
"Duplex" means a building that is divided horizontally into two (2) dwelling units
above grade each of which has an independent entrance either directly to the
exterior or through a common vestibule and neither of the units is a second
dwelling unit.
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"Dwelling unit" means a room or suite of rooms, occupied or capable of being
occupied as a single independent and separate housekeeping establishment.
"Dwelling - semi-detached" means a building divided vertically into two (2)
dwelling units by a common wall extending from the base of the foundation to the
roof, a minimum height of one storey above grade and extending horizontally the
entire depth of the building.
"Dwelling - single detached" means a building containing not more than one
(1) dwelling unit.
"Existing industrial building" means an industrial use building that has existed
on a site when the first building or buildings were constructed on a vacant site
pursuant to site plan approval under section 41 of the Planning Act.
"Farm building" means a farm building as defined in the Building Code, being a
regulation currently in force from time to time under the provisions of the Building
Code Act.
"Floor" includes a paved, concrete, wooden, gravel, or dirt floor.
"Grade finished" means the average elevation of the surface ground adjoining a
building or structure at all exterior walls.
"Group home" means a residential building or the residential portion of a mixed-
use building containing a single housekeeping unit which may or may not be
supervised on a 24-hour basis on site by agency staff on a shift rotation basis,
and funded wholly or in part by any government or its agency, or by public
subscription or donation, or by any combination thereof and licensed, approved
or supervised by the Province of Ontario for the accommodation of persons
under any general or special act and amendments or replacements thereto. A
group home may contain an office provided that the office is used only for the
operation of the group home in which it is located.
"Hospice" means a building or portion of a mixed-use building designed and
intended to provide palliative care and emotional support to the terminally ill in a
home or homelike setting so that quality of life is maintained, and family
members may be active participants in care.
"Industrial use" means land, buildings or structures used for or in connection
with manufacturing by:
(a)
manufacturing, producing, and processing goods for a commercial
purpose, as well as storing and/or distribution of goods manufactured,
produced or processed on site;
(b)
research or development in connection with manufacturing, producing or
processing good for a commercial purpose;
(c)
retail sales by a manufacturer, producer or processor of goods they
manufactured, produced or processed, if the retail sales are at the site
where the manufacturing, production or processing takes place;
(d)
office or administrative purposes, if it is
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(i)
carried out with respect to manufacturing, producing, processing,
storage or distributing of something; and
(ii)
in or attached to the building or structure used for that
manufacturing, producing, processing, storage or distribution.
"Institutional development" means development of a building or structure
intended for use:
(a)
as a long-term care home within the meaning of subsection 2(1) of the
Fixing Long-Term Care Act, 2021, S.O. 2021, c. 39, Sched. 1 ("Fixing Long-Term
Care Act");
(b)
as a retirement home within the meaning of subsection 2(1) of the
Retirement Homes Act, 2010, S.O. 2010, c. 11
(c)
by any of the following post-secondary institutions for the objects of the
institution:
(i)
a university in Ontario that receives direct, regular, and ongoing
operating funding from the Government of Ontario,
(ii)
a college or university federated or affiliated with a university
described in subclause (i), or
(iii)
an Indigenous Institute prescribed for the purposes of section 6 of
the Indigenous Institutes Act, 2017, S.O. 2017, c. 34, Sched. 20.
"Interest rate" means the annual rate of interest as set out in section 26.3 of the
Act.
"Live/work unit" means a unit which contains separate residential and non-
residential areas intended for both residential and non-residential uses
concurrently, and shares a common wall or floor with direct access between the
residential and non-residential areas.
"Local board" means a public utility commission, transportation commission,
public library board, board of park management, local board of health, police
services board, planning board, or any other board, commission, committee,
body or local authority established or exercising any power or authority under any
general or special Act with respect to any of the affairs or purposes of the City or
the Region.
"Marijuana production facilities" means a building used, designed or intended
for growth, producing, testing, destroying, storing or distribution, excluding retail
sales, of medical marijuana or cannabis authorized by a license issued by the
federal Minister of Health pursuant to section 25 of the Marihuana for Medical
Purposes Regulations, SOR/2013-119, under the Controlled Drugs and
Substances Act, S.C. 1996, c.19.
"Mezzanine" means a mezzanine as defined in the Building Code.
"Multiple dwellings" means a residential building consisting of three or more
dwelling units attached by a vertical wall or walls and not abutting any dwelling
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units along a horizontal plane, includes a back-to-back townhouse, and does not
include single- detached, semi-detached, stacked townhouse, apartments, or
special care/special dwellings.
"Non-profit housing development" means Development of a building or
structure that meets the criteria set out in section 4.2 of the Act.
"Non-residential uses" means land, buildings or structures or portions of any
kind whatsoever, used, designed or intended to be used for other than a
residential use, but includes short-stay rental use.
"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.
"Place of worship" means that part of a building or structure that is exempt from
taxation as a place of worship under the Assessment Act, or any successor
legislation.
"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.
"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, or changing the use of a building or
structure.
"Region" means The Regional Municipality of Niagara.
"Rental housing" means development of a building or structure with four (4) or
more residential units all of which are intended for use as rented residential
premises.
"Residential uses" means land, buildings or structures or portions thereof used,
designed, or intended to be used as living accommodation for one or more
individuals, but does not include such use related to short stay rental use.
"Residential" means one or more dwelling units designed, adapted or used as a
home or residence of one or more individuals, and shall include a single
detached dwelling, a semi-detached dwelling, a multiple dwelling, and apartment,
but not a short stay rental building.
"Services" means services designated in this By-law including Schedule A to this
By-law or in agreement under section 44 of the Act, or both.
"Short stay rental use" means use or intended use for human habitation on a
temporary basis for profit, including but not limited to hotels, motels, guest
cabins, dormitory, and bed and breakfasts.
"Special care facilities" means lands, buildings or structures used or designed
or intended for uses for the purpose of providing supervision, nursing care or
medical treatment, which do not comprise dwelling units, that are licensed,
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approved or supervised under any special or general statute, and excludes the
special care/special dwelling portions of the building.
"Special care/special dwelling" means a residential portion of a special care
facilities building containing two or more dwelling units, which units have a
common entrance from street level:
(a)
Where the occupants have the right to use in common, halls, stairs, yards,
common rooms, and accessory buildings;
(b)
Which may or may not have exclusive sanitary and/or culinary facilities;
(c)
That is designed to accommodate persons with specific needs, including,
but not limited to, independent permanent living arrangements;
(d)
Where support services such as meal preparation, grocery shopping,
laundry, housekeeping, nursing, respite care and attendant services are
provided at various levels; and
(e)
Includes, but is not limited to, retirement houses, nursing homes, group
homes and hospices.
"Stacked townhouse" means a building containing four or more dwelling units
where each dwelling unit is separated horizontally and vertically from another
dwelling unit by a common wall or floor.
"Temporary" means for a fixed period of time with the intent to discontinue such
use upon the expiration of the time period.
"Total floor area" means the sum total of the total areas of the floors in a
building or structure, 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; and
(b)
excludes any parts of the building or structure used for mechanical
equipment related to the operation or maintenance of the building or
structure, stairwells, elevators, washrooms, and the parking and loading of
vehicles; and
(c)
where a building does not have any walls, the total floor area shall be the
sum total of the area of land directly beneath the roof of the building and
the total areas of the floors in the building or structure.
Rules
2.
For the purpose of complying with section 6 of the Act:
(a)
the area to which this By-law applies shall be the area described in section
3 of this By-law;
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(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 18, inclusive and section 23 of this By-law;
(c)
the exemptions provided for by such rules shall be the exemptions set
forth in sections 19 through 26, inclusive of this By-law, the indexing of
charges shall be in accordance with section 16 of this By-law;
(d)
the rules developed under paragraph 10 of subsection 5 (1) of the Act for
phasing in of development charges shall be as set forth in section 17 of
this By-law; and
(e)
the redevelopment of land shall be in accordance with the rules set forth in
section 25 of this By-law.
Lands Affected
3.
This By-law applies to all lands in the geographic area of the City.
Designation of Services/Class of Services
4.
It is hereby declared by Council that all development of land within the area to
which this By-law applies will increase the need for services.
5.
Development charges shall be imposed under this By-law, and Reserve Funds
established for the following categories of services to pay for the increased
capital costs required because of increased needs for services arising from
development:
(a)
Library Services;
(b)
Fire Protection Services;
(c)
Parks and Recreation;
(d)
Services Related to a Highway;
(e)
Water;
(f)
Wastewater; and
(g)
Rolling Meadows - Wastewater.
6.
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 for services noted in section 5 (a) to 5 (g).
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 thereto under section
34 of the Planning Act;
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(b)
the approval of a minor variance under section 45 of the Planning 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 for each service designated in section 5
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 structure can be developed.
9.
Notwithstanding 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 permit under the Building Code Act, 1992,
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 sections 41, 51 or 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, or that the
owner pay for local connections to storm drainage facilities, watermains and
sewer mains, installed at the owner's expense, or administrative, processing, or
inspection fees.
Calculation of Development Charges
13.
The development charge with respect to the use of any land, buildings or
structures shall be calculated as follows:
(a)
in the case of residential development, or the residential portion of a
mixed-use development, based upon the number and type of dwelling
units; or
(b)
in the case of non-residential development, or the non-residential portion
of a mixed-use development, based upon the total floor area of such
development.
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Amount of Charge - Residential
14.
The development charges described in Schedule B to this By-law shall be
imposed on a City-wide basis for all 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 component of the
mixed-use building or structure, according to the type of residential use.
(a)
With respect to the Neighbourhood of the Rolling Meadows Secondary
Plan area (as outlined in Schedule D), the area-specific development
charges described in Schedule C to this By-law shall be imposed to all
residential uses and are in addition to the City-Wide charges described in
Schedule B.
Amount of Charge - Non-Residential - Commercial/Institutional/Industrial
15.
The development charges described in Schedule B to this By-law shall be
imposed on commercial/institutional/industrial uses of lands, buildings or
structures and, in the case of a mixed-use building or structure, on the
commercial/institutional/industrial components of the mixed-use building or
structure and calculated with respect to each of the services according to the
total floor area of the commercial/institutional/industrial use.
(a)
With respect to the Neighbourhood of the Rolling Meadows Secondary
Plan area (as outlined in Schedule D), the area-specific development
charges described in Schedule C to this By-law shall be imposed to all
non-residential uses and are in addition to the City-Wide charges
described in Schedule B.
Indexing of Development Charges
16.
The development charges set out in Schedules B and C, attached hereto shall be
adjusted without amendment to this By-law annually on January 1st of each year,
commencing on January 1, 2025, in accordance with the Act.
Phasing, Timing of Calculation and Payment
17.
(1)
Except as set out in sub-paragraphs (4), (5), and (6) below, 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 effective date of this By-law.
(2)
Subject to section 26 (with respect to redevelopment) and subsection (3),
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 City may require an owner to enter into
an agreement, including the provision of security for the owner's
obligations under agreement, pursuant to section 26 of the Act providing
for all or part of a development charge to be paid before or after it
otherwise would be payable. The terms of such agreement shall then
prevail over the provision of this By-law.
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(4)
Development charges for rental housing and institutional developments
are due and payable in six equal annual instalment payments
commencing with the first instalment payable on the date of occupancy,
and each subsequent instalment, including interest (calculated in
accordance with section 26.3 of the Act), payable on the anniversary date
each year thereafter.
(5)
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 sections 13, 14,
and 15 shall be calculated on the rates set out in Schedule "B" on the date
of the receipt of a complete planning application, including interest. Where
both planning applications apply development charges under Sections 13,
14, and 15 shall be calculated on the rates payable on the anniversary
date each year thereafter, set out in Schedule "B" on the date of the later
planning application, including interest (calculated in accordance with
section 26.3 of the Act).
(6)
The amount of the Development Charges described in Schedules "B" and
"C" to this By-law shall be reduced in accordance with section 5(8) of the
Act. Therefore, commencing in the year this By-law comes into force and
subject to annual indexing in accordance with section 16 of this By-law,
the following percentages of the charges provided in Schedule "B" will be
imposed, subject to changes in legislation:
(a)
Year 1 - 80 per cent;
(b)
Year 2 - 85 per cent;
(c)
Year 3 - 90 per cent;
(d)
Year 4 - 95 per cent;
(e)
Years 5 through 10 - 100 per cent
Payment by Money or the Provision of Services
18.
(1)
Payment of development charges shall be made to the City by cash or by
certified cheque.
(2)
In the alternative to payment by the means provided in subsection (1), the
City may, by an agreement entered into with the owner, accept the
provision of services in full or partial satisfaction of the development
charge otherwise payable provided that:
(a)
if the City and the owner cannot agree as to the reasonable cost of
doing the work under subsection (2), the dispute shall be referred to
Council whose decision shall be final and binding;
(b)
if the credit exceeds the amount of the charge for the service to
which the work relates;
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(i)
the excess amount shall not be credited against the charge
for any other service, unless the City has so agreed in an
agreement under section 38 of the Act; and
(ii)
in no event shall the City 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, install such local services as Council may require in accordance
with the City's local services' policies in effect at the time.
Rules with Respect to Exemptions for Intensification of Existing or New Housing
19.
(a)
Notwithstanding any other provision of this By-law, Development Charges
shall not be imposed with respect to:
(i)
an enlargement to an existing Dwelling Unit;
(ii)
the creation of additional Dwelling Units equal to the greater of one
(1) or 1% of the existing Dwelling Units in an existing Residential
rental building containing four (4) or more Dwelling Units or
prescribed ancillary structure to the existing Residential building;
(b)
Notwithstanding any other provision of this By-law, Development Charges
shall not be imposed with respect to the creation of any of the following
within existing Single Detached Dwellings, Semi-Detached Dwellings,
Back-to-back Townhouse Dwellings or Stacked Townhouse Dwellings:
(i)
A second Dwelling Unit on a parcel of land on which Residential
Use, other than ancillary Residential Use, is permitted, if all
buildings and structures ancillary to the existing Residential
structure cumulatively contain no more than one (1) Dwelling Unit.
(ii)
A third Dwelling Unit on a parcel of land on which Residential Use,
other than ancillary Residential Use, is permitted, if no building or
structure ancillary to the existing Residential structure contains any
Dwelling Units.
(iii)
One Dwelling Unit on a parcel of urban Residential land, if the
existing structure contains no more than two (2) Dwelling Units and
no other building or structure ancillary to the existing Residential
structure contains any Dwelling Units.
(c)
Notwithstanding any other provision of this By-law, Development Charges
shall not be imposed with respect to the creation of any of the following in
new Single Detached Dwellings, Semi-Detached Dwellings, Back-to-back
Townhouse Dwellings or Stacked Townhouse Dwellings:
(i)
A second Dwelling Unit on a parcel of land on which Residential
Use, other than ancillary Residential Use, is permitted, if all
buildings and structures ancillary to the new Residential structure
cumulatively will contain no more than one (1) Dwelling Unit.
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(ii)
A third Dwelling Unit on a parcel of land on which Residential Use,
other than ancillary Residential Use, is permitted, if no building or
structure ancillary to the new Residential structure contains any
Dwelling Units.
(iii)
One (1) Dwelling Unit in a building or structure ancillary to a new
Residential structure on a parcel of urban Residential land, if the
new Residential structure contains no more than two (2) Dwelling
Units and no other building or structure ancillary to the new
Residential structure contains any Dwelling Units.
Rules with Respect to an Industrial Expansion Exemption
20.
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 in
respect of the enlargement is determined in accordance with the following:
(a)
Subject to subsection 20 (c), if the gross floor area is enlarged by 50 per
cent or less of the lesser of:
(A)
the gross floor area of the existing industrial building, or
(B)
the gross floor area of the existing industrial building before the first
enlargement for which:
(i)
an exemption from the payment of development charges
was granted, or
(ii)
a lesser development charge than would otherwise be
payable under this By-law, or predecessor thereof, was paid,
pursuant to Section 4 of the Act and this subsection,
the amount of the development charge in respect of the enlargement is
zero.
(b)
Subject to subsection 20 (c), if the gross floor area is enlarged by more
than 50 per cent or less of the lesser of:
(A)
the gross floor area of the existing industrial building, or
(B)
the gross floor area of the existing industrial building before the first
enlargement for which:
(i)
an exemption from the payment of development charges
was granted, or
(ii)
a lesser development charge than would otherwise be
payable under this By-law, or predecessor thereof, was paid,
pursuant to section 4 of the Act and this subsection,
the amount of the development charge in respect of the enlargement is
the amount of the development charge that would otherwise be payable
multiplied by the fraction determined as follows:
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(A)
determine the amount by which the enlargement exceeds 50 per
cent of the gross floor area before the first enlargement; and
(B)
divide the amount determined under subsection (A) by the amount
of the enlargement;
(c)
For the purposes of calculating the extent to which the gross floor area of
an existing industrial building is enlarged in subsection 20 (a) and 20 (b),
the cumulative gross floor area of any previous enlargements for which:
(A)
An exemption from the payment of development charges was
granted, or
(B)
A lesser development charge than would otherwise be payable
under this By-law, or predecessor thereof, was paid,
pursuant to Section 4 of the Act and this subsection, shall be added to the
calculation of the gross floor area of the proposed enlargement.
(d)
For the purposes of this subsection, the enlargement must not be attached
to the existing industrial building by means only of a tunnel, bridge,
passageway, canopy, shared below grade connection, or parking facility.
Other Exemptions and Discounts
21.
(1)
The following categories of institutions are hereby designated as being
exempt from the payment of development charges:
(a)
buildings or structures used as hospitals governed by the Public
Hospitals Act, R.S.O. 1990, c. P. 40;
(b)
buildings or structures owned by and used for the purposes of the
City, the Region, or their local boards;
(c)
buildings or structures used as a place of worship;
(d)
buildings or structures owned by a board of education, and used for
school purposes;
(e)
buildings or structures, related to classrooms or administration
space, owned by a college of applied arts and technology
established pursuant to the Ontario Colleges of Applied Arts and
Technology Act, 2002, S.O. 2002, c. 8, Sched F, and used for
teaching of programs of study leading to a post secondary
certificate or diploma, a graduate certificate or a bachelor's degree,
but does not include student residences, commercial uses on site,
or any other space not directly related for the purposes of
education;
(f)
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
By-Law 41-2024
Authorization Reference: DF 6-2024
Page 14 of 18
otherwise be payable is intended to be occupied and used by the
university;
(g)
Non-profit Residential Development;
(h)
Affordable Residential Units required pursuant to section 34 and
16(4) of the Planning Act (Inclusionary Zoning).
(i)
As of the date on which section 4.1 of the Act is proclaimed into
force, the following shall be exempt from Development Charges:
(i)
Affordable Residential Units; and
(ii)
Attainable Residential Units
(2)
The exemption referred to in paragraph 21 (1) (b) does not apply to the
development for residential uses of lands owned by:
(a)
the Region or any local board thereof;
(b)
any corporation owned, controlled, or operated by the Region.
(3)
Notwithstanding any other provision of this By-law, the Development
Charges payable for Residential Developments, where the Dwelling Units
are intended as Rental Housing, will be reduced based on the number of
bedrooms in each Dwelling Unit as follows:
(a)
Three (3) or more Bedrooms - 25% reduction;
(b)
(ii)
Two (2) Bedrooms - 20% reduction; and
(c)
(iii)
Fewer than two (2) Bedrooms - 15% reduction.
Agricultural Uses
22.
Agricultural uses as well as farm buildings and other ancillary development to an
agricultural use excluding any residential, commercial or industrial uses, shall be
exempt from the provisions of this By-law.
Whether Charge Payable
23.
Despite the definition of residential use and non-residential use, and
notwithstanding the other provisions of this By-law, a development charge shall
be imposed in relation to agricultural, and eligible exempt uses as defined in
section 21 of this By-law, unless:
(a)
such building or structure is owned in fee simple by the qualifying owner;
(b)
and is actually used and occupied by said owner for the qualifying
purposes of said owner.
For the purposes of this section, "qualifying" means possessing the attributes
necessary to qualify for an exemption from the development charge otherwise
collectable under the provisions of this By-law.
By-Law 41-2024
Authorization Reference: DF 6-2024
Page 15 of 18
Temporary Buildings or Structures
24.
(1)
Temporary buildings or structure shall be exempt from the provisions of
this By-law.
(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 City issuing a building permit for a temporary building or
structure, the City 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 27 (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 with Respect to the Redevelopment of Land
25.
(1)
Where there is a redevelopment of land on which there is a conversion of
space proposed, or on which there was formerly erected a building or
structure that has been demolished, a credit shall be allowed against the
development charge otherwise payable by the owner pursuant to this By-
law for the portion of the previous building or structure still in existence
that is being converted or for the portion of the building or structure that
has been demolished, as the case may be, calculated by multiplying the
number and type of dwelling units being converted or demolished or the
non-residential total floor area being converted or demolished by the
relevant development charge in effect on the date when the development
charge is payable in accordance with this By-law. If the development
includes the conversion from one use (the "first use") to another use, the
credit shall be based on the development charges calculated pursuant to
this By-law at the current development charge rates, that would be
payable as development charges in respect of the first use.
(2)
A credit in respect of any demolition under this section shall not be given
unless a building permit has been issued or a subdivision agreement has
been entered into with the City for the development within 5 years from the
date the demolition permit was issued.
(3)
The amount of any credit hereunder shall not exceed, in total, the amount
of the development charges otherwise payable with respect to the
development.
Special Situations
26.
Development occurring within brownfields, as defined in this by-law, would be
exempt from development charges to the extent of the percentage and criteria
specified in Schedule E.
By-Law 41-2024
Authorization Reference: DF 6-2024
Page 16 of 18
(1)
Development that qualifies for the Brownfield exemption as defined in
Schedule E is eligible for an additional 25% exemption from the applicable
charge where the development attains verified green building certification
from at least one registered third-party program. Recognized third-party
green building certification programs include LEED certification (LEED
Certified, Silver, Gold or Platinum certification) confirmed by the Canada
Green Building Council, Certified Passive House confirmed by the Passive
House Institute, and Living Building Challenge certified by the International
Living Future Institute (ILFI).
(2)
The percentage exemptions as specified in section 26 (1) are subject to
the following:
(a)
Upon application being made for a building permit for the
construction of a building that is intended to attain a verified green
building certification, a professional architect or engineer shall
certify to the City in writing that such a building is intended to be
certified.
(b)
Upon building permit issuance, the full applicable development
charge, after all other exemptions have been applied, is to be paid.
(c)
If, within two (2) years after the occupancy of the development that
is intended to be certified is completed, an independent consultant
who is recognized by the Canada Green Building Council, Passive
House Institute, or International Living Future Institute, as
applicable, certified to the City in writing, with all of the supporting
information required by the City, that such development meets the
applicable certification, as the case may be, the City shall refund
the applicable exemption amount.
(d)
The amount refunded as per section 26 (2)(c) shall be the
discounted amount determined at time of building permit issuance
and shall not include any interest.
(e)
If, within two (2) years after the occupancy of a development that is
intended to be certified has been completed, an independent
consultant who is recognized by the Canada Green Building
Council, Passive House Institute, or International Living Future
Institute, as applicable, has not certified to the City in writing, with
all of the supporting information required by the City, that such
development meets the applicable certification, as the case may be
then no refund shall be paid to the owner of the building permit.
(3)
Applicants are permitted to meet the criteria identified in Section 26 of the
former Development Charge By-law 02-2020 for buildings in the
downtown areas and brownfields as defined in the former bylaw, provided
one of the following transition policies apply:
(a)
Applications where a Development Charge exemption for the first
25% for downtown areas and 75% for brownfields, of a
development charge was granted prior to passage of this by-law
By-Law 41-2024
Authorization Reference: DF 6-2024
Page 17 of 18
and a request for the further 25% refund is received prior to
December 31, 2023;
(b)
A formal pre-consultation between the applicant and local and
regional staff, if required, occurs prior to December 31, 2023 and
development proceeds within one year of the formal pre-
consultation date;
(c)
A letter from the City, indicating that the proposed development
appears to meet the requisite criteria under s.26(1) of D.C. By-law
02-2020, has been received by the current owner of the properly
prior to the passage of this by- law; and
(d)
A complete development application is received prior to December
31, 2023. For complete development applications received on or
after December 31, 2023, no transitional provisions will be applied.
Front-Ending Agreements
27.
The City 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 Designated Municipal Services under this By-law
Schedule B Residential and Non-residential City-Wide Development Charges
Schedule C Area-Specific Development Charges for Rolling Meadows
Schedule D Rolling Meadows Secondary Plan Area Boundary Map
Schedule E Brownfield Exemption Criteria
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 City 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 on June 3, 2024.
Date By-law Expires
31.
This By-law expires 10 years after the date on which it comes into force, unless it
is repealed earlier.
Repeal
32.
By-law No. 46-2019, as amended by By-law 02-2020, are hereby repealed on the
effective date this By-law comes into force.
By-Law 41-2024
Authorization Reference: DF 6-2024
Page 18 of 18
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.
That this by-law shall come into force and effect on the 3rd day of June, 2024.
Terry Ugulini, Mayor
Matthew Trennum, City Clerk
Terry Ugulini
Signed with ConsignO Cloud (2024/05/29)
Verify with verifio.com or Adobe Reader.
Matthew Trennum
Signed with ConsignO Cloud (2024/06/03)
Verify with verifio.com or Adobe Reader.
By-Law 41-2024
Authorization Reference: DF 6-2024
SCHEDULE A
BY-LAW NO. 41-2024
DESIGNATED MUNICIPAL SERVICES UNDER THIS BY-LAW
City-Wide Services
Services Related to a Highway;
Fire Protection Services;
Parks and Recreation; and
Library Services.
Urban Area Services
Wastewater Services; and
Water Services.
Area-Specific Services
Rolling Meadows - Wastewater Services
SCHEDULE B
Schedule of Development Charges - City-Wide
NON-RESIDENTIAL
Single and Semi-
Detached Dwelling
Multiples
Apartments - 2
Bedrooms +
Apartments -
Bachelor and 1
Bedroom
Special
Care/Special
Dwelling Units
Commercial/
Institutional
per sq.ft.
Industrial
per sq.ft.
Municipal Wide Services
Services Related to a Highway
10,292
7,176
6,719
4,354
3,639
6.28
2.81
Fire Protection Services
2,363
1,647
1,543
1,000
836
1.63
0.73
Parks and Recreation Services
6,370
4,441
4,159
2,695
2,252
0.77
0.34
Library Services
1,517
1,058
990
642
536
0.18
0.08
Total Municipal Wide Services
20,542
14,322
13,411
8,691
7,263
8.86
3.96
Urban Services
Wastewater Services
2,116
1,475
1,381
895
748
1.29
0.58
Water Services
2,384
1,662
1,556
1,008
843
1.46
0.65
Total Urban Services
4,500
3,137
2,937
1,903
1,591
2.75
1.23
Grand Total Municipal Wide
20,542
14,322
13,411
8,691
7,263
8.86
3.96
Grand Total Municipal Wide + Urban Services
25,042
17,459
16,348
10,594
8,854
11.61
5.19
Services
RESIDENTIAL
By-Law 41-2024
Authorization Reference: DF 6-2024
SCHEDULE C
Schedule of Development Charges - Rolling Meadows Are-Specific
NON-RESIDENTIAL
Single and Semi-
Detached Dwelling
Multiples
Apartments - 2
Bedrooms +
Apartments -
Bachelor and 1
Bedroom
Special
Care/Special
Dwelling Units
Commercial/
Institutional
per sq.ft.
Industrial
per sq.ft.
Rolling Meadows Area Specific Services:
Wastewater Services - Rolling Meadows
211
147
138
89
75
0.13
0.05
Services
RESIDENTIAL
By-Law 41-2024
Authorization Reference: DF 6-2024
SCHEDULE D
CITY OF THOROLD
DEVELOPMENT CHARGE BY-LAW 41-2024
THE NEIGHBOURHOODS OF ROLLING MEADOWS SECONDARY PLAN AREA
Subject Lands
By-Law 41-2024
Authorization Reference: DF 6-2024
SCHEDULE E
CITY OF THOROLD
DEVELOPMENT CHARGE BY-LAW 41-2024
BROWNFIELD EXEMPTION CRITERIA
Pursuant to Section 26 of the By-Law:
Development occurring in Brownfields as defined by this By-law would be exempt from
development charges for the eligible site remediation costs, up to a maximum of 25% of
the applicable charge.
Eligible site remediation costs include:
Cost of Environmental Rehab (100%);
Cost of placing clean fill and grading (100%);
Cost of Phase II Environmental Site Assessment or Site-Specific Risk
Assessment (100%);
Cost of financing (interest charges) of preparing the studies and undertaking the
rehab (100%); and
Cost of the insurance premium to guarantee the remediation will be completed
(100%).
To be eligible for this exemption, a property must have had a Phase II Environmental
Site Assessment (E.S.A.) completed and as a result of this E.S.A., the property requires
environmental remediation to permit a Record of Site Condition (R.S.C.) to be filed with
the environmental site registry.