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THE CORPORATION OF THE TOWNSHIP OF WAINFLEET
BY-LAW No. 025-2021
AS AMENDED by By-law 021-2026
Being a by-law to establish Development Charges for the Township of Wainfleet
WHEREAS the Development Charges Act, 1997, as amended (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 in
accordance with the Act;
AND WHEREAS the Council of the Township of Wainfleet has given notice and held a
public meeting on the day of July 13, 2021 in accordance with the Act and the
regulations thereto;
NOW THEREFORE, THE COUNCIL OF THE TOWNSHIP OF WAINFLEET HEREBY
ENACTS AS FOLLOWS:
1.0
DEFINITIONS
1.1
In this by-law, "Act" means the Development Charges Act, 1997, as amended, or
any successor thereto;
"accessory use" means where used to describe a use, building or structure,
that the use, building or structure is naturally and normally incidental, subordinate
in purpose of floor area or both, and exclusively devoted to a principal use,
building or structure;
"apartment unit" means any residential dwelling unit within a building containing
three or more dwelling units where access to each residential unit is obtained
through a common entrance or entrances from the street level and the residential
units are connected by an interior corridor;
"bedroom" means a habitable room larger than seven square metres, including
a den, study or other similar area, but does not include a living room, dining room
or kitchen;
"benefiting area" means an area defined by a map, plan or legal description in
a front-ending agreement as an area that will receive a benefit from the
construction of a service;
"board of education" has the same meaning as that specified in the Education
Act or any successor thereto;
"Building Code Act" means the Building Code Act, 1992, as amended; or any
successor thereto;
"capital cost" means costs incurred or proposed to be incurred by the
municipality or a local board thereof directly or by others on behalf of and as
authorized by the municipality or local board,
o to acquire land or an interest in land, including a leasehold interest;
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o to improve land;
o to acquire, lease, construct or improve buildings and structures;
o to acquire, construct or improve facilities including:
- furniture and equipment other than computer equipment; and
- materials acquired for circulation, reference or information purposes
by a library board as defined in the Public Libraries Act; and
- rolling stock with an estimated useful life of seven years or more,
and
o to undertake studies in connection with any matter under the Act and any
of the matters in clauses (a) to (d), including the development charge
background study required for the provision of services designated in this
by-law within or outside the municipality, including interest on borrowing
for those expenditures under clauses (a), (b), (c) and (d) that are growth-
related;
"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 not defined under
"institutional" or "industrial";
"council" means the Council of the municipality;
"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 size or usability thereof,
and includes redevelopment;
"development charge" means a charge imposed with respect to this by-law;
"dwelling unit" means any part of a building or structure used, designed or
intended to be used as a domestic establishment in which one or more persons
may sleep and are provided with culinary and sanitary facilities for their exclusive
use;
"existing industrial building" means a building or buildings existing on site in
the Township of Wainfleet on the day this by-law comes into effect or the first
building constructed and occupied on a vacant site pursuant to site plan approval
under Section 41 of the Planning Act, R.S.O. c.P.13 of the Planning Act
subsequent to this by-law coming to effect for which fill development charges
were paid, and is being used for or in conjunction with,
(i)
the production, compounding, processing, packaging, crating,
bottling, packing or assembling of raw or semi-processed goods or
materials in not less than seventy-five percent of the total gross floor area of
the building or buildings on a site ("manufacturing") or warehousing related
to the manufacturing use carried on in the building or buildings;
(ii)
research or development in connection with manufacturing in not
less than seventy-five percent of the total gross floor area of the building or
buildings on a site;
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(iii)
retail sales by a manufacturer, if the retail sales are at the site
where the manufacturing is carried out, such retail sales are restricted to
goods manufactured at the site, and the building or part of a building where
such retail sales are carried out does not constitute greater than twenty-five
percent of the total gross floor area of the building or buildings on the site;
or
(iv)
office or administrative purposes, if they are,
(1) carried out with respect to manufacturing or warehousing; and
(2) in or attached to the building or structure used for such
manufacturing or warehousing;
"farm building" means that part of a bona fide farming operation encompassing
barns, silos and other ancillary development to an agricultural use. This excludes
a residential use, marijuana production facilities, wholesale greenhouse facilities,
value added production uses, and value added marketing uses;
"grade" means the average level of finished ground adjoining a building or
structure at all exterior walls;
"gross floor area" means the total area of all floors above grade of a dwelling
unit measured between the outside surfaces of exterior walls or between the
outside surfaces of exterior walls and the centre line of party walls dividing the
dwelling unit from other dwelling units or other portion of a building;
In the case of a non-residential building or structure, or in the case of a mixed-
use building or structure in respect of the non-residential portion thereof, the total
area of all building floors above or below grade measured between the outside
surfaces of the exterior walls, or between the outside surfaces of exterior walls
and the centre line of party walls dividing a non-residential use and a residential
use, except for:
o a room or enclosed area within the building or structure above or below
grade that is used exclusively for the accommodation of heating, cooling,
ventilating, electrical, mechanical or telecommunications equipment that
service the building;
o loading facilities above or below grade; and
o a part of the building or structure below grade that is used for the parking
of motor vehicles or for storage or other accessory use;
"industrial" means lands, buildings or structures used or designed or intended
for use for manufacturing, processing, fabricating or assembly of raw goods,
warehousing or bulk storage of goods, and includes office uses and the sale of
commodities to the general public where such uses are accessory to an industrial
use, but does not include the sale of commodities to the general public through a
warehouse club;
"institutional development" means development of a building or structure
intended for use;
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a) as a long-term care home within the meaning of subsection 2(1) of the
Long-Term Care Homes Act, 2007;
b) as a retirement home within the meaning of subsection 2(1) of the
Retirement Homes Act, 2010;
c) by any of the following post-secondary institutions for the objects of the
institution:
i. a university in Ontario that receives direct, regular, and ongoing
operating funding from the Government of Ontario,
ii. 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;
d) as a memorial home, clubhouse or athletic grounds by an Ontario branch
of the Royal Canadian Legion; or
e) as a hospice to provide end of life care.
"interest rate" means the annual rate of interest calculated at the Township's
D.C. Interest Policy;
"local board" has the same definition as defined in the Development Charges
Act;
"local services" means those services, facilities or things which are under the
jurisdiction of the municipality and are related to a plan of subdivision or within
the area to which the plan relates in respect of the lands under Sections 41, 51 or
53 of the Planning Act as amended or any successor thereto;
"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;
"mobile home" means any dwelling that is designed to be made mobile, and
constructed or manufactured to provide a permanent residence for one or more
persons, but does not include a travel trailer or tent trailer;
"multiple dwellings" means all dwellings other than single-detached, semi-
detached, apartment house dwellings, or special care/special dwellings;
"municipality" means The Corporation of the Township of Wainfleet;
"non-profit housing development" means development of a building or
structure intended for use as residential premises by,
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a) a corporation without share capital to which the Corporations Act 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
"non-residential use" means a building or structure of any kind whatsoever
used, designed or intended to be used for other than a residential use and
includes all commercial, industrial and institutional uses;
"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, as amended or any
successor thereto;
"regulation" means any regulation made pursuant to the Act;
"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 or buildings or structures of any kind whatsoever
used, designed or intended to be used as living accommodations for one or more
individuals;
"semi-detached dwelling" means a dwelling unit in a residential building
consisting of two dwelling units having one vertical wall or one horizontal walls,
but no other parts, attached or another dwelling unit where the residential units
are not connected by an interior corridor;
"services" (or "service") means those services designated in Schedule "A" to
this by-law;
"servicing agreement" means an agreement between a landowner and the
municipality relative to the provision of municipal services to specified lands
within the municipality;
"single detached dwelling unit" means a residential building consisting of one
dwelling unit and not attached to another structure and includes mobile homes;
"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,
approved or supervised under any special or general statute, and excludes the
special care/special dwelling portions of the building;
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"special care/special dwelling" means a residential portion of special care
facilities containing rooms or suites of rooms designed or intended to be used for
sleeping and living accommodation that have a common entrance from street
level:
i.
Where the occupants have the right to use in common, halls, stairs,
yards, common rooms and accessory buildings;
ii. Which may or may not have exclusive sanitary and/or culinary facilities;
iii. That is designed to accommodate persons with specific needs, including,
but not limited to, independent permanent living arrangements; and
iv. Where support services such as meal preparation, grocery shopping,
laundry, housekeeping, nursing, respite care and attendant services may
be provided at various levels
"value added production uses" means value added farm related uses that
include processing of agricultural products, including wineries, canneries,
bakeries, cheese factories and similar uses, and distribution and warehousing of
agricultural products;
"value added marketing uses" means value added farm related uses
accessory to an agricultural use that include a variety of methods of increasing
the sales of raw or finished farm products. Such uses may include farm produce
outlet and other retail facilities for the sale of products, pick your own facilities,
and experiential uses such as working farm vacations or culinary schools;
"wind turbine" means a part of a system that converts energy into electricity,
and consists of a wind turbine, a tower and associated control or conversion
electronics. A wind turbine and energy system may be connected to the
electricity grid in circuits at a substation to provide electricity off-site for sale to an
electrical utility or other intermediary.
2.0
DESIGNATION OF SERVICES/CLASSES
2.1
The categories of services/class for which development charges are imposed
under this by-law are as follows:
(a)
Services Related to a Highway;
(b)
Fire protection Services;
(c)
Parks and Recreation Services;
(d)
Library services; and
(e)
Administration Studies.
2.2
The components of the services/class designated in subsection 2.1 are
described in Schedule A.
3.0
APPLICATION OF BY-LAW RULES
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3.1
Development charges shall be payable in the amounts set out in this by-law
where:
(a)
the lands are located in the area described in subsection 3.2; and
(b)
the development of the lands requires any of the approvals set out in
subsection 3.4(a).
Area to Which By-law Applies
3.2
Subject to subsection 3.3, this by-law applies to all lands in the geographic area
of the Township of Wainfleet.
3.3
This by-law shall not apply to lands that are owned by and used for the purposes
of:
(a)
the Township of Wainfleet or a local board thereof;
(b)
a board as defined in section 1(1) of the Education Act;
(c)
the Region of Niagara or a local board thereof.
Approvals for Development
3.4
(a)
Development charges shall be imposed on all lands, buildings or
structures that are developed for residential or non-residential uses if the
development requires,
(i)
the passing of a zoning by-law or of an amendment to a zoning by-
law under section 34 of the Planning Act;
(ii)
the approval of a minor variance under section 45 of the Planning
Act;
(iii)
a conveyance of land to which a by-law passed under subsection
50(7) of the Planning Act applies;
(iv)
the approval of a plan of subdivision under section 51 of the
Planning Act;
(v)
a consent under section 53 of the Planning Act;
(vi)
the approval of a description under section 50 of the Condominium
Act; or
(vii)
the issuing of a permit under the Building Code Act, 1992 in relation
to a building or structure.
(b)
No more than one development charge for each service designated in
subsection 2.1 shall be imposed upon any lands, buildings or structures to
which this by-law applies even though two or more of the actions
described in subsection 3.4(a) are required before the lands, buildings or
structures can be developed.
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(c)
Despite subsection 3.4(b), if two or more of the actions described in
subsection 3.4(a) occur at different times, additional development charges
shall be imposed if the subsequent action has the effect of increasing the
need for services.
Exemptions
3.5
Notwithstanding the provisions of this by-law, development charges shall not be
imposed with respect to:
(a)
a place of worship exempt from taxation under the Assessment Act;
(b)
bona fide farm (non-residential) buildings; and
(c)
a development by a university, other post-secondary school offering a
degree or diploma recognized by the Province of Ontario or a not-for-profit
private elementary or secondary school operated in compliance with
section 16 of the Education Act, as amended, where such development is
used for the academic or teaching purposes of the university or school, is
exempt from development charges under this By-law.
3.6
Rules with Respect to Exemptions for New Development
Notwithstanding the provisions of this By-law, no development charge shall be
payable where the development:
(a)
is limited to the creation of an additional dwelling unit as prescribed, in
prescribed classes of new residential buildings as set out in the
Regulations to the Development Charges Act, 1997; and
(b)
is limited to the creation of an additional dwelling unit ancillary to a new
dwelling unit for prescribed classes of new residential buildings as set out
in the Regulations to the Development Charges Act, 1997.
3.7
Rules with Respect to an Industrial Expansion Exemption
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:
(i)
Subject to subsection 3.7(iii), 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,
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pursuant to Section 4 of the Act and this subsection, the
amount of the development charge in respect of the
enlargement is zero;
(ii)
Subject to subsection 3.7(iii), 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:
(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
(iii)
For the purposes of calculating the extent to which the gross floor
area of an existing industrial building is enlarged in subsection
3.7(ii), 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.
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, such as a service tunnel, foundation,
footing or parking facility.
Amount of Charges
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Residential
3.8
The development charges described in Schedule B to this by-law shall be
imposed on residential uses of lands, buildings or structures, including a dwelling
unit accessory to a non-residential use and, in the case of a mixed use building
or structure, on the residential uses in the mixed use building or structure,
according to the type of unit, and calculated with respect to each of the services
according to the type of residential use.
Non-Residential Uses
3.9
The development charges described in Schedule B to this by-law shall be
imposed on non-residential uses of lands, buildings or structures, and, in the
case of a mixed use building or structure, on the non-residential uses in the
mixed use building or structure, and calculated with respect to each of the
services according to the gross floor area of the non-residential use.
Reduction of Development Charges Where Redevelopment
3.10 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 within 60
months prior to the date of payment of development charges in regard to such
redevelopment was, or is to be demolished, in whole or in part, or converted from
one principal use to another principal use on the same land, in order to facilitate
the redevelopment, 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, or in the case of a mixed-
use building or structure, the residential uses in the mixed-use building or
structure, an amount calculated by multiplying the applicable development
charge under subsections 3.8 and 3.9 and of this by-law by the number,
according to type, of dwelling units that have been or will be demolished or
converted to another principal use; and provided that such amounts shall
not exceed, in total, the amount of the development charges otherwise
payable with respect to the redevelopment.
(b)
the gross floor area of the building demolished/converted multiplied by the
current non-residential development charge in place at the time the
development charge is payable.
Time of Payment of Development Charges
3.11 Development charges imposed under this section are payable upon issuance of
a building permit with respect to each dwelling unit, building or structure.
3.12 Notwithstanding subsections 3.11, development charges for rental housing and
institutional developments are due and payable in 6 installments commencing
with the first installment payable on the date of first occupancy certificate issued,
and each subsequent installment, including interest, payable on the anniversary
date each year thereafter.
3.13 Notwithstanding subsections 3.11 development charges for non-profit housing
developments are due and payable in 21 installments commencing with the first
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installment payable on the date of first occupancy certificate issued, and each
subsequent installment, including interest, payable on the anniversary date each
year thereafter.
3.14 Where the development of land results from the approval of a site plan or zoning
by-law amendment received on or after January 1, 2020, and the approval of the
application occurred within 2 years of building permit issuance, the development
charges under subsections 3.8 and 3.9 shall be calculated on the rates set out in
Schedule "B" on the date of the planning application, including interest. Where
both planning applications apply development charges under subsections 3.8
and 3.9 shall be calculated on the rates, including interest, set out in Schedule
"B" on the date of the later planning application, including interest.
4.0
PAYMENT BY SERVICES
4.1
Despite the payments required under subsection 3.11, 3.12, 3.13, and 3.14,
Council may enter into agreements providing for all or any part of a development
charge to be paid before or after it would otherwise be payable.
5.0
INDEXING
5.1
Development charges imposed pursuant to this by-law shall be adjusted
annually, without amendment to this by-law, commencing on the first anniversary
date of this by-law and each anniversary date thereafter, in accordance with the
Statistics Canada Quarterly Construction Price Statistics.
6.0
SCHEDULES
6.1
The following schedules to this by-law form an integral part thereof:
Schedule A - Components of Services/Classes Designated in subsection 2.1
Schedule B - Residential and Non-Residential Development Charges
7.0
DATE BY-LAW IN FORCE
7.1
This by-law shall come into force on the 27th day of July 2021.
8.0
DATE BY-LAW EXPIRES
BY-LAW READ AND PASSED THIS 27TH DAY OF JULY, 2021
K. Gibson, MAYOR
M. Ciuffetelli, DEPUTY CLERK
SCHEDULE "A"
TO BY-LAW NO. 025-2021
DESIGNATED TOWNSHIP SERVICES/CLASSES OF SERVICES UNDER THIS BY-LAW
Services
Services Related to a Highway
Roads and Related
Public Works Facilities
Public Works Vehicles and Equipment
Fire Protection Services
Facilities
Vehicles
Firefighter Equipment and Gear
Parks and Recreation Services
Parkland Development
Amenities
Facilities
Vehicles and Equipment
Library Services
Facilities
Materials
Classes of Services
Administration Studies
Services Related to a Highway
Fire Protection Services
Parks and Recreation Services
Library Services
SCHEDULE "B"
TO BY-LAW NO. 025-2021
SCHEDULE OF DEVELOPMENT CHARGES
Single and Semi-
Detached Dwelling
Other Multiples
Apartments - 2
Bedrooms +
Apartments -
Bachelor and 1
Bedroom
Special
Care/Special
Dwelling Units
(per sq.ft. of Gross
Floor Area)
Wind Turbine
(Per Unit)
Township-Wide Services/Class of Service:
Services Related to a Highway
4,448
3,104
2,928
1,790
1,631
2.03
4,448
Fire Protection Services
1,285
897
846
517
471
0.58
1,285
Parks and Recreation Services
1,081
754
712
435
396
0.20
-
Library Services
656
458
432
264
241
0.12
-
Administration Studies
672
469
442
270
246
0.25
672
Total Township-Wide Services/Class of Services
8,142
5,682
5,360
3,276
2,985
3.18
6,405
Service/Class of Service
RESIDENTIAL
NON-RESIDENTIAL