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MUN!CiPAUTY OF /I
West Rerth
By-law 63-2024
THE CORPORATION OF THE MUNICIPALITY OF WEST PERTH
Being a By-law of the Corporation of the Municipality of West Perth with
Respect to Development Charges.
Whereas Section 2(1) of the Development Charges Act, 1997, S.O. 1997, c. 27 (hereinafter called the
Act) enables the Council of a municipality to pass by-laws for the imposition of development charges
against land located in the municipality where the development of the land would increase the need for
municipal services as designated in the by-law and the development requires one or more of the actions
set out in subsection 2(2) of the Act;
Whereas a Development Charges Background Study for the Corporation of the Municipality of West
Perth, dated May 23, 2024, as amended, (the "Study"), as required by section 10 of the Act was
presented to Council along with a draft of this By-law, completed within a one-year period prior to the
enactment of this By-law;
Whereas an addendum to the Development Charges Background Study dated June 28, 2024, was
undertaken due to changes in the Act put in place subsequent to May 23, 2024; and
Whereas an addendum to the Development Charges Background Study dated October 15, 2024, as
amended, was undertaken due to changes requested by Council as a result of the public consultation
process; and
Whereas notice of a public meeting was given pursuant to subsection 12( 1) of the Act, and in
accordance with the regulations under the Act, and copies of the Study and this proposed development
charge by-law were made available to the public on May 23, 2024, in accordance with subsection 12(1)
of the Act;
Whereas a public meeting was held on July 2, 2024, in accordance with the Act to hear comments and
representations from all persons who applied to be heard (the "Public Meeting");
Whereas any person who attended the public meeting was afforded an opportunity to make
representations and the public generally were afforded an opportunity to make written submissions
relating to this proposed By-law;
Whereas the Council, in adopting the Municipality of West Perth' Development Charges Background
Study on May 23, 2024, as amended, directed that development charges be imposed on land under
development or redevelopment within the geographical limits of the municipality as hereinafter
provided.
Now therefore be it resolved that the Council of the Corporation of the Municipality of West Perth
enacts as follows:
DEFINITIONS
1.
In this By-law:
(a)
Act" means the Development Charges Act, 1997, S.O. 1997, c. 27;
(b)
"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
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MUNJC l PAL!iY OF
West Perth
purpose of floor area or both, and exclusively devoted to a principal use, building
or structure;
(c)
"Affordable Residential Unit" means a Residential Unit that meets the criteria set
out in subsection 4.1 of the Act;
(d)
"Agricultural Use" means a bona fide farming operation, including barns, silos,
and other ancillary buildings to such agricultural development for the purposes of
the growing of field crops, flower gardening, truck gardening, berry crops, tree
crops, nurseries, aviaries, apiaries, maple syrup production, mushroom cultivation
or farms for the grazing, breeding, raising , boarding of livestock or any other
similar uses carried on in the field of general agriculture and aquaculture.
Agricultural use does not include the development of a single detached dwelling
on agricultural land, nor does it include a building for the growing or processing of
cannabis.
(e)
"Ancillary Residential Use" means a residential dwelling that would be ancillary to
a single detached dwelling, semi-detached dwelling, or row dwelling;
(f)
"Apartment Unit" means any residential 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, and includes Stacked Townhouses;
(g)
"Attainable Residential Unit" means a residential unit that meets the criteria set out
in subsection 4.1 of the Act;
(h)
"Back-to-Back Townhouse Dwelling" means a building containing three or more
dwelling units separated vertically by a common wall, including a rear common
wall, which do not have rear yards;
(i)
"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;
(i)
"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;
U)
"Board of Education" has the same meaning as set out in the Education Act,
R.S.O. 1990, Chap. E.2, as amended, or any successor thereof;
(k)
"Bona Fide Farm Uses" means the proposed development will qualify as a farm
business operating with a valid Farm Business Registration Number issued by
the Ontario Ministry of Agriculture, Food and Rural Affairs and be assessed in the
Farmland Realty Tax Class by the Ontario Property Assessment Corporation;
(I)
"Capital Costs" means costs incurred or proposed to be incurred by the
municipality or a local board thereof directly or under an agreement,
(i)
to acquire land or an interest in land, including a leasehold interest, except in
relation to such services as are prescribed for the purposes of this
paragraph of the Development Charges Act, 1997,
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West Hirth
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(ii)
to improve land,
(iii) to acquire, lease, construct or improve buildings and structures,
(iv) to acquire, lease, construct or improve facilities including:
a)
rolling stock, with an estimated useful life of seven years or more,
b)
furniture and equipment other than computer equipment;
c)
materials acquired for circulation, reference or information purposes by
a board within the meaning of the Public Libraries Act,
(v)
Costs to undertake studies in connection with any of the matters referred to
in items (i) through (iv) above,
(vi) Costs of the development charge background study required under section
10 of the Development Charges Act, 1997,
(vii) Interest on money borrowed to pay for costs described in paragraphs (i) to
(iv).
(m)
"Cannabis Plant" means a plant that belongs to the genus "Cannabis."
(n)
"Cannabis Production Facilities" means a Building, or part thereof, designed,
used, or intended to be used for one or more of the following: cultivation, growing,
propagation, production, processing, harvesting, testing, alteration, destruction,
storage, packaging, shipment, or distribution of Cannabis where a license, permit,
or authorization has been issued under applicable federal law but does not
include a building or part thereof solely designed, used, or intended to be used for
retail sales of Cannabis;
(o)
"Charitable Dwelling" means a residential building, a part of a residential building
or the residential portion of a mixed-use building maintained and operated by a
corporation approved under the Charitable Institutions Act, R.S.O. 1990, c. C.9,
for persons requiring residential, specialized or group care and charitable
dwelling includes a children's residence under the Child and Family Services Act,
R.S.O. 1990, c. C.11, a home or a joint home under the Homes for the Aged and
Rest Homes Act, R.S.O. 1990, c. H.13, an institution under the Mental Hospitals
Act, R.S.O. 1990, c. M.8, a nursing home under the subsection 2 (1) of the Long-
Term Care Homes Act, 2007;
(p)
"Correctional Group Home" means a residential building or the residential portion
of a mixed-use building containing a single housekeeping unit 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 as a detention or correctional facility under any general or
special act and amendments or replacement thereto. A correction group home
may contain an office provided that the office is used only for the operation of the
correctional group home in which it is located. A correctional group home shall
not include any detention facility operated or supervised by the Federal
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MUN!CiPAUTY OF / I
West R(irth
Government, nor any correctional institution or secure custody and detention
facility operated by the Province of Ontario;
(q)
"Commercial Use" means the use of land, structure or building for the purpose of
buying and selling of commodities and supplying of services as distinguished
from manufacturing or assembling of goods, also as distinguished from other
purposes such as warehousing and/or an open storage yard;
(r)
"Council" means the Council of the Municipality of West Perth;
(s)
"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;
(t)
"Development Charge" means a charge imposed with respect to growth-related
net capital costs against land in the municipality under this by-law;
(u)
"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;
(v)
"Existing Industrial Building" means a building used for or in connection with:
(i)
manufacturing, producing, processing, storing, or distributing something;
(ii)
research or development in connection with manufacturing, producing, or
processing something;
(iii) retail sales by a manufacturer, producer, or processor of something they
manufactured, produced, or processed, if the retail sales are at the site
where the manufacturing, production or processing takes place;
(iv) office or administrative purposes if they are:
a)
carried out with respect to manufacturing, producing, processing,
storage or distributing of something, and
b)
in or attached to the building or structure used for that manufacturing,
producing, processing, storage, or distribution;
(w)
"Farm Building" means that part of a bona fide farm operation encompassing
barns, silos, and other ancillary development to an agricultural use, but excluding
a residential use and an on-farm diversified use;
(x)
"Front-end Payment" means a payment made by an owner pursuant to a front-
ending agreement, which may be in addition to a development charge that the
owner is required to pay under this by-law, to cover the net capital costs of the
services designated in the agreement that are required to enable the land to be
developed;
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MUNIC iPAL!TY OF
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West Rerth
(y)
"Front-ending Agreement" means an agreement made under Section 44 of the
Act between the municipality and any or all owners within a benefitting area
providing for front-end payments by an owner or owners or for the installation of
services by an owner or owners or for the installation of services by an owner or
owners or any combination thereof;
(z)
"Grade" means the average level of finished ground adjoining a building or
structure at all exterior walls;
(aa)
"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 another dwelling unit or other portion of a building;
(i)
In the case of a commercial, industrial and/or institutional building or
structure, or in the case of a mixed-use building or structure in respect of the
commercial, industrial and/or institutional 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 commercial, industrial
and/or institutional use and a residential use.
(bb)
"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;
(cc)
"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;
(dd)
"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, or any land, buildings or structures used for an agricultural use;
(ee)
"Institutional" means development of a building or structure intended for use:
(i)
as a long-term care home within the meaning of subsection 2 (1) of the
Fixing Long-Term Care Homes Act, 2021 ;
(ii)
as a retirement home within the meaning of subsection 2 (1) of the
Retirement Homes Act, 201 O;
MUNJCiPAUTY OF·('
West Rerth
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(iii) by any institution of the following post-secondary institutions for the objects
of the institution:
a)
a university in Ontario that receives direct, regular, and ongoing
operation funding from the Government of Ontario;
b)
a college or university federated or affiliated with a university described
in subclause (i); or
c)
an Indigenous Institute prescribed for the purposes of section 6 of the
Indigenous Institute Act, 2017;
(ff)
"Live-work Unit" means a Building, or part of thereof, which contains, or is
intended to contain, both a Dwelling Unit and non-residential unit and which is
intended for both Residential Use and Non-residential Use concurrently, and
shares a common wall or floor with or without direct access between the
residential and non-residential uses;
(gg)
"Local Board" means a school board, public utility, commission, transportation
commission, public library board, board of park management, local board of
health, board of commissioners of police, 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, including school purposes, of the municipality or any part or
parts thereof;
(hh)
"Long-term Care Home" means a residential building or the residential portion of
a mixed-use building within the meaning of subsection 2 (1) of the Long-Term
Care Homes Act, 2007;
(ii)
"Maximum Interest Rate" means on a particular date, the mean, rounded to the
nearest hundredth of a percentage point, of the annual rates of interest
announced by each of the Royal Bank of Canada, The Bank of Nova Scotia, the
Canadian Imperial Bank of Commerce, the Bank of Montreal and The Toronto-
Dominion Bank to be its prime or reference rate of interest in effect on that date
for determining interest rates on Canadian dollar commercial loans by that bank
in Canada, adjusted on the first business day of every January, April, July, and
October, plus one percentage point;
GD
"Minimum Interest Rate" means the interest rate of the Bank of Canada on the
day the by-law comes into force, updated on the first business day of every
January, April, July, and October;
(kk)
"Mixed Use" means land, buildings or structures used, or designed or intended
for use, for a combination of residential and non-residential uses;
(II)
"Multiple Dwellings" means all dwellings other than single-detached, semi-
detached, apartment, and special care/special dwelling units;
(mm) "Municipality" (or the "Municipality") means The Corporation of the Municipality of
West Perth;
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MUNJCiPAll i Y O F·
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West Perth
(nn)
"Non-profit housing development" means development of a building or structure
intended for use as residential premises by:
(i)
a corporation without share capital to which the Corporations Act applies,
that is in good standing under that Act and whose primary objective is to
provide housing;
(ii)
a corporation without share capital to which the Canada Not-for-profit
Corporation Act applies, that is in good standing under that Act and whose
primary objective is to provide housing; or
(iii)
a non-profit housing co-operative that is in good standing under the Co-
operative Corporations Act.
(oo)
"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;
(pp)
"On-Farm Diversified Use" means a use occurring entirely and exclusively within
a detached building that is secondary and subordinate to the active and principle
agricultural use occurring on a property. Such uses shall be integrated within a
farm cluster of buildings which must include a dwelling, and may include, but are
not limited to, uses that produce value added agricultural products or provide a
service that is supportive of regional agri-business;
(qq)
"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;
(rr)
"Place of Worship" means land that is owned by and used for the purposes of
worship within a place of worship, a churchyard, cemetery, or burial ground
exempt from taxation under section 3 of the Assessment Act, R.S.O. , 1990, c.
A.31, as amended, and includes related administrative, assembly, and associated
space, but does not include portions of such buildings or structures used for any
commercial use, including but not limited to daycare facilities, private schools, or
banquet facilities;
(ss)
"Planning Act" means the Planning Act, 1990, as amended;
(tt)
"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 from residential to non-residential or from non-residential to residential;
(uu)
"Regulation" means any regulation made pursuant to the Act;
(vv)
"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.
(ww) "Residential Use" means land or buildings, or structure of any kind whatsoever
used, designed, or intended to be used as living accommodations for one or more
individuals;
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MUN!CiPALITY OF/
West Perth
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(xx)
"Retirement Home or Lodge" means a residential building or the residential portion
of a mixed-use building which provides accommodation primarily for retired
persons or couples where each private bedroom or living accommodation has a
separate private bathroom and separate entrance from a common hail but where
common facilities for the preparation and consumption of food are provided, and
common lounges, recreation rooms and medical care facilities may also be
provided;
(yy)
"Rowhouse Dwelling" means a building containing three or more attached
dwelling units in a single row, each of which dwelling units has an independent
entrance from the outside and is vertically separated from any abutting dwelling
unit;
(zz)
"School Board" has the same meaning as that specified in the Education Act,
R.S.O. 1990, c. E.2, as amended or any successor thereto;
(aaa) "Semi-Detached Dwelling" or "Duplex" means a dwelling unit in a residential
building consisting of two dwelling units having one vertical wall or one horizontal
wall, but no other parts, attached to another dwelling unit where the residential
units are not connected by an interior corridor;
(bbb) "Services" (or "service") means those services designated in Schedule "A" to this
by-law or specified in an agreement made under Section 44 of the Act;
(ccc)
"Services in Lieu" means those services specified in an agreement made under
Section 9 of this by-law;
(ddd) "service standards" means the prescribed level of services on which the schedule
of charges in Schedule "B" are based;
(eee) "Servicing Agreement" means an agreement between a landowner and the
municipality relative to the provision of municipal services to specified lands
within the municipality;
(fff)
"Single Detached Dwelling Unit" means a residential building consisting of one
dwelling unit and not attached to another structure.
(ggg) "Special Care/Special Need Dwelling" means a Building, or part of a Building:
(i)
containing two or more Dwelling Units which units have a common entrance
from street level;
(ii)
where the occupants have the right to use, in common with other occupants,
halls, stairs, yards, common rooms and accessory Buildings;
(iii)
that is designed to accommodate persons with specific needs, including but
not limited to, independent permanent living arrangements;
(iv)
where support services, such as meal preparation, grocery shopping,
laundry, housekeeping, nursing, respite care and attendant services are
provided at any one or more various levels; and
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w;~tRerth
(v)
the residential building or the residential portion of a mixed-use building
maintained and operated as a Long-term Care Home under subsection 2 (1)
of the Long-Term Care Homes Act, 2007.
and includes, but is not limited to, Retirement Home or Lodge, Charitable Dwelling,
Group Home (including a Correctional Group Home), Hospice, and Long-term
Care Home;
(hhh) "Stacked Townhouse Dwelling" means a Building, or part of a building, containing
two or more dwelling units where each Dwelling Unit is separated horizontally
and/or vertically from another Dwelling Unit by a common wall and having direct
separate access to an exterior ground level main entrance/exit;
(iii)
"Townhouse Dwelling" means a dwelling unit in a building divided vertically into
no less than three nor more than eight dwelling units attached by common walls
extended from the base of the foundation to the roof line, each dwelling unit
having a separate entrance at grade, and includes a Back-to-Back Townhouse.
SCHEDULE OF DEVELOPMENT CHARGES
2.
(a)
Subject to the provisions of this by-law, development charges against land shall
be calculated and collected in accordance with the base rates set out in
Schedules "B", which relate to the services set out in Schedule "A".
(b)
The development charge with respect to the use of any land, buildings, or
structures shall be calculated as follows:
(i)
in the case of residential development, charges set out in Schedule B shall
be imposed on residential uses of lands, buildings or structures, including a
dwelling unit accessory to a residential use and, in the case of a mixed-use
building or structure, on the residential uses in the mixed-use building or
structure, and the residential portion for a Live-Work unit, according to the
type of residential unit, and calculated with respect to the services according
to the type of residential use;
(ii)
in the case of non-residential development, charges described in Schedule
B to this by-law shall be imposed on non-residential uses of lands, buildings,
or structures, and, in the case of a mixed-use building or structure, on the
non-residential uses in the mixed-use building or structure, including the
non-residential portion for a Live-Work unit, and calculated with respect to
the services according to the total floor area of the non-residential use.
(c)
Council hereby determines that the development of land, buildings, or structures
for residential and non-residential uses will require the provision, enlargement,
expansion, or improvement of the services referenced in Schedule "A."
APPLICABLE LANDS
3.
(a)
Subject to subsections (b), (c), (d), and (e), this by-law applies to all lands in the
Municipality of West Perth whether or not the land or use is exempt from taxation
under Section 3 of the Assessment Act, R.S.O. 1980, c.31 .
(b)
This by-law shall not apply to land that is owned by and use for the purposes of:
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MUNICIPALITY OF (.
West Perth
(i)
a board of education;
(ii)
any municipality or local board thereof;
(iii)
bona fide agricultural use or farm building;
(iv) the portion of lands, buildings, or structures used for worship in a place of
worship, as well as a churchyard, cemetery, or burial ground exempt from
taxation under Section 3 of the Assessment Act, R.S.O. 1980, c.31.
(c)
This by-law shall not apply to that category of exempt development described in
the Development Charges Act, 1997, c.27 and 0. Reg. 82/98, namely:
(i)
an enlargement to an existing dwelling unit;
(ii)
A second residential unit in an existing detached house, semi-detached
house, or rowhouse 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 detached house, semi-detached house or rowhouse
cumulatively contain no more than one residential unit;
(iii) A third residential unit in an existing detached house, semi-detached house,
or rowhouse 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 detached house, semi-detached house or rowhouse contains
any residential units;
(iv) One residential unit in a building or structure ancillary to an existing
detached house, semi-detached house or rowhouse on a parcel of land, if
the existing detached house, semi-detached house or rowhouse contains no
more than two residential units and no other building or structure ancillary to
the existing detached house, semi-detached house or rowhouse contains
any residential units;
(v)
A second residential unit in a new detached house, semi-detached house or
rowhouse 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 detached house, semi-detached house or rowhouse cumulatively will
contain no more than one residential unit;
(vi) A third residential unit in a new detached house, semi-detached house or
rowhouse 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
detached house, semi-detached house or rowhouse contains any residential
units;
(vii) One residential unit in a building or structure ancillary to a new detached
house, semi-detached house or rowhouse on a parcel of land, if the new
detached house, semi-detached house or rowhouse contains no more than
two residential units and no other building or structure ancillary to the new
detached house, semi-detached house or rowhouse contains any residential
units; or
MUN IC IPALI TY OF
West T-?erth
4.
(viii) In an existing rental residential Building, which contains four or more
residential Dwelling Units, the creation of the greater of one residential
Dwelling Unit or one percent of the existing residential Dwelling Units.
(d)
(i)
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 this
section.
(ii)
If the gross floor area is enlarged by 50 percent or less, the amount of the
development charge in respect of the enlargement is zero.
(iii)
If the gross floor area is enlarged by more than 50 percent, 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 percent
of the gross floor area before the enlargement.
b)
Divide the amount determined under paragraph a by the amount of the
enlargement.
(iv) The exemption to Development charges in (i) through (iii) above shall only
apply to the first instance of an industrial expansion.
(e)
Notwithstanding the provisions of this By-law, development charges shall not be
imposed on:
(i)
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 if the development is intended to be occupied and used by the
university;
(ii)
Non-profit Housing;
(iii) Affordable inclusionary residential units;
(iv) Affordable residential units; and
(v)
Attainable residential units.
(f)
That where a conflict exists between the provisions of the new by-law and any
other agreement between the Municipality and the owner, with respect to land to
be charged under this policy, the provisions of such agreement prevail to the
extent of the conflict.
(g)
This by-law is not applicable to development for which a complete application for
building permit has been submitted prior to the in-force date of this by-law.
(a)
Subject to subsection (b), development charges shall apply to, and shall be
calculated and collected in accordance with, the provisions of this by-law on land
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MUN!C!PALIIY OF
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West Re-rth
to be developed for residential and commercial, industrial and/or institutional use,
where:
(i)
the development of that land will increase the need for services, and
(ii)
the development requires:
a)
the passing of a zoning by-law or an amendment thereto under Section
34 of the Planning Act, 1990~
b)
the approval of a minor variance under Section 45 of the Planning Act,
1990~
c)
a conveyance of land to which a by-law passed under subsection 50(7)
of the Planning Act, 1990;
d)
the approval of a plan of subdivision under Section 51 of the Planning
Act, 1990;
e)
a consent under Section 53 of the Planning Act, 1990~
f)
the approval of a description under Section 51 of the Condominium Act.,_
R.S.O. 1980, c.84; or
g)
the issuing of a permit under the Building Code Act, R.S.O. 1992 in
relation to a building or structure.
(b)
subsection (a) shall not apply in respect of:
(i)
local services installed at the expense of the owner within a plan of
subdivision as a condition of approval under Section 52 of the Planning Act,
1990;
(ii)
local services installed at the expense of the owner as a condition of
approval under Section 53 of the Planning Act, 1990.
EXEMPTION FOR INDUSTRIAL DEVELOPMENT
5.
Not withstanding any other provision of this by-law:
(a)
no development charge is payable with respect to an enlargement of the gross
floor area of an existing industrial building where the gross floor area is enlarged
by 50 percent or less, or the original gross floor area.
(b)
If the gross floor area of an existing industrial building is enlarged by greater than
50 percent, the amount of the development charge payable in respect of the
enlargement is the amount of the development charge that would otherwise be
payable multiplied by the fraction determined as follows:
(i)
determine the amount by which the enlargement exceeds 50 percent of the
gross floor area before the enlargement;
(ii)
divide the amount determined under subsection (i) by the amount of the
enlargement;
/
W~'~t R~rth
(iii)
For the purpose of section 5 herein, "Existing Industrial Building" is used as
defined in the Regulation made pursuant to the Act.
EXISTING AGREEMENTS
6.
An agreement with respect to charges related to development registered prior to
passage of the by-law remains in effect after enactment of this by-law.
MULTIPLE CHARGES
7.
(a)
Where two or more of the actions described in Section 4 (a)(ii) are required
before land to which a development charge applies can be developed, only one
development charge shall be calculated and collected in accordance with the
provisions of this by-law.
(b)
Notwithstanding subsection (a), if two or more of the actions described in Section
4 (a)(ii) occur at different times, and if the subsequent action has the effect of
increasing the need for municipal services as designated in Schedule "A", an
additional development charge on the additional residential units and/or
commercial and/or industrial floor area, shall be calculated and collected in
accordance with the provisions of this by-law.
SERVICE STANDARDS
8.
For the purposes of Section 8, the approved service standards for the municipality are
those contained in the Development Charges Background Study dated May 23, 2024,
as amended.
SERVICES IN LIEU
9.
(a)
Council may authorize an owner to substitute the whole or such part of the
development charge applicable to the owner's development as may be specified
in an agreement by the provision at the sole expense of the owner, of services in
lieu. Such agreement shall further specify that where the owner provides
services in lieu, in accordance with the agreement, Council shall give to the
owner a credit against the development charge otherwise applicable to the
development, equal to the reasonable cost to the owner of providing the services
in lieu provided such credit shall not exceed the total development charge
payable by an owner to the municipality.
(b)
In any agreement under subsection (a), Council may also give a further credit to
the owner equal to the reasonable cost of providing services in addition to, or of a
greater size or capacity, than would be required under this by-law.
(c)
The credit provided for in subsection (b) shall not exceed the service standards
referenced in Section 8 and used in the calculation of the charges in Schedules
"B" and no credit shall be charged to any development charges reserve fund
prescribed in this by-law.
FRONT-ENDING AGREEMENTS
10.
(a)
Council may enter into a front-ending agreement with any or all owners within a
benefitting area pursuant to Section 21 of the Development Charges Act, 1997,
providing for the payment by the owner or owners of a front-end payment or for
the installation of services by the owners or any combination of front-end
MUNIC!PAL! i Y OF /
I
I'
West Perth
payments and installation of services, which may be in addition to the required
development charge.
(b)
Front-end payments made by benefitting owners under a front-ending agreement
relating to the provision of services for which a development charge is payable
shall be credited with an amount equal to the reasonable cost to the owner of
providing the services, against the development charges otherwise payable under
Schedule "B" of this by-law.
(c)
No credit given pursuant to subsection 9(a) shall exceed the total development
charge payable by the owner for the applicable service component or the
standard of service outlined in Schedule "B" and referenced in Section 6.
(d)
The front-end payment required to be made by the benefitting owner under a
front-ending agreement may be adjusted annually.
DEVELOPMENT CHARGE REDEVELOPMENT CREDITS
11.
(a)
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.
(b)
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, site plan agreement
or a consent application has been entered into with the Municipality for the
development within 5 years from the date the demolition permit was issued.
(c)
The amount of any credit hereunder shall not exceed, in total, the amount of the
development charges otherwise payable with respect to the development.
DISCOUNTS FOR RENT AL HOUSING
12.
The Development Charge payable for Rental Housing developments will be reduced
based on the number of bedrooms in each unit as follows:
(a)
Three or more bedrooms - 25% reduction;
(b)
Two bedrooms - 20% reduction; and
(c)
All other bedroom quantities - 15% reduction.
MUNICIPALITY OF
1
West Rerth
TIMING OF CALCULATION AND PAYMENT
13.
(a)
Development charges shall be calculated and payable in full in money or by
provision of services as may be agreed upon, or by credit granted by the Act, on
the date that the first building permit is issued in relation to a building or structure
on land to which a development charge applies, or in a manner or at a time
otherwise lawfully agreed upon.
(b)
Where development charges apply to land in relation to which a building permit is
required, the building permit shall not be issued until the development charge has
been paid in full.
(c)
Notwithstanding 13 (a), Development Charges for rental housing and institutional
developments are due and payable in 6 equal installments commencing with the
first installment payable on the date of occupancy, and each subsequent
installment, including interest based on the Maximum Interest Rate, payable on
the anniversary date each year thereafter.
(d)
Notwithstanding subsections 13 (a) and 13 (c), where the development of land
results from the approval of a Site Plan or Zoning By-law Amendment received
and approved between January 1, 2020, and June 5, 2024, and the approval of
the application occurred within 2 years of building permit issuance, the
Development Charges under subsections 2(b)(i) and 2(b)(ii) herein, shall be
calculated based on the rates set out in Schedules "B-1 " to "B-3", as applicable,
on the date the planning application was made, including interest based on the
Maximum Interest Rate. Where both planning applications apply, development
charges under subsections 2(b)(i) and 2(b)(ii) herein, shall be calculated on the
rates set out in Schedules "B-1" to "B-3", as applicable, on the date of the latter
planning application, including interest based on the Maximum Interest Rate.
(e)
Notwithstanding subsections 13(a) and 13(c), 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, where the approval of the application occurred on or
after June 6, 2024, and the approval of the application occurred within 18 months
of building permit issuance, the Development Charges under subsections 2(b)(i)
and 2(b)(ii) herein, shall be calculated based on the rates set out in Schedules "B-
1" to "B-3", as applicable, on the date of the planning application , including
interest based on the Maximum Interest Rate. Where both planning applications
apply, development charges under subsection 2(b)(i) and 2(b)(ii) herein , shall be
calculated on the rates set out in Schedules "B-1" to "B-3", as applicable, on the
date of the latter planning application, including interest based on the Maximum
Interest Rate.
(f)
Interest for the purposes of rule (c), (d) and (e) shall be determined as prescribed
in the Development Charges Act, as amended from time to time.
(g)
Notwithstanding subsections 13(a), 13(b), and 13(c), an owner may enter into an
agreement with the municipality to provide for the payment in full of a
development charge before building permit issuance or later than the issuing of a
building permit.
/
MUNJCiPALliY OF'
West Rerth
BY-LAW REGISTRATION
14.
A certified copy of this by-law may be registered on title to any land to which this by-law
applies.
RESERVE FUND(S)
15.
(a)
Monies received from payment of development charges shall be maintained in a
separate reserve fund or funds and shall be used only to meet the growth-related
net capital costs for which the development charge was levied under this by-law.
(b)
Council directs the Municipal Treasurer to divide the reserve fund(s) created
hereunder into the separate sub-accounts in accordance with the service and
class of services categories set out in Schedule "A" to which the development
charge payments shall be credited in accordance with the amounts shown, plus
interest earned thereon.
(c)
Where any development charge, or part thereof, remains unpaid after the due
date, the amount unpaid shall be added to the tax roll and shall be collected as
taxes.
(d)
Where any unpaid development charges are collected as taxes under subsection
(c), the monies so collected shall be credited to the development charge reserve
fund or funds referred to in subsection (a).
BY-LAW AMENDMENT OR REPEAL
16.
(a)
Where this by-law or any development charge prescribed thereunder is amended
or repealed either by order of the Ontario Land Tribunal or by the Municipal
Council, the Municipal Treasurer shall calculate forthwith the amount of any
overpayment to be refunded as a result of said amendment or repeal.
(b)
Refunds that are required to be paid under subsection (a) shall be paid to the
registered owner of the land on the date on which the refund is paid.
(c)
Refunds that are required to be paid under subsection (a) shall be paid with
interest based on the Minimum Interest Rate to be calculated as follows:
(i)
interest shall be calculated from the date on which the overpayment was
collected to the date on which the refund is paid;
(ii)
the refund shall include the interest owed under this Section;
(iii) interest shall be paid at the Minimum Interest Rate in effect on the later of:
a)
the date of enactment of this by-law, or
b)
the date of the last quarterly adjustment, in accordance with the
provisions of subsection (d).
(d)
The Bank of Canada interest rate in effect on the date of enactment of this by-law
shall be adjusted on the next following business day to the rate established by the
Bank of Canada on that day and shall be adjusted quarter-yearly thereafter in
January, April, July, and October to the rate established by the Bank of Canada
on the day of adjustment.
DEVELOPMENT CHARGE SCHEDULE INDEXING
17.
The development charges referred to in Schedules "B" shall be adjusted annually,
without amendment to this by-law, on February 1st, beginning in 2025 and thereafter in
each year while this by-law is in force, in accordance with the Statistics Canada
Quarterly, Construction Price Statistics as prescribed in the Act.
BY-LAW ADMINISTRATION
18.
The Municipal Treasurer shall administer this by-law.
PHASE-IN
19.
The Development Charges will be phased-in over the first three years of the by-law as
follow, subject to indexing as per Section 17 herein:
(a)
February 1, 2025 to January 31, 2026: 85% of the calculated charges;
(b)
February 1, 2026 to January 31, 2027: 95% of the calculated charges; and
(c)
February 1, 2027: 100% of the calculated charges.
SCHEDULES TO THE BY-LAW
20.
The following schedules to this by-law form an integral part of this by-law:
Schedule "A" - Designated Municipal Services and Class of Services Under this
By-law
Schedule "B-1 " - Schedule of Residential and Non-Residential Development
Charges effective February 1, 2025, to January 31, 2026
Schedule "B-2" - Schedule of Residential and Non-Residential Development
Charges effective February 1, 2026, to January 31 , 2027
Schedule "B-1 " - Schedule of Residential and Non-Residential Development
Charges effective February 1, 2027
DATE BY-LAW EFFECTIVE
21.
This By-law shall continue in force and effect for a term not to exceed ten years from
February 1, 2025, the date of its enactment, unless it is repealed at an earlier date.
BY-LAW REPEAL
22.
By-law No. 63-2019 is hereby repealed on the effective date this By-law comes into
force.
23.
That By-law No. 36-2024 is hereby repealed on the effective date this By-law comes into
force.
24.
That By-law No. 38-2024 is hereby repealed on the effective date this By-law comes into
force.
SHORT TITLE
25.
This by-law may be cited as the Development Charges By-law.
I"'
MUN!C i ?Alt T Y OF /\
West Renh
Read a first and second time this 25th day of November, 2024.
Read a third and final time and finally passed 25th day of November, 2024.
Clerk Daniel Hobson
MUNICIPACITY 0,1;,\
West R~rth
___.J.._______
By-law 63-2024 Schedule "A"
DESIGNATED MUNICIPAL SERVICES AND CLASS OF SERVICES UNDER THIS BY-LAW
Municipal Wide Services
Services Related to a Highway;
Fire Protection Services;
Policing Services;
Parks and Recreation Services;
Library Services;
Provincial Offences Act, including By-law Enforcement; and
Waste Diversion.
Municipal Wide Class of Services
Growth-Related Studies
Urban Wide Services
Water Services;
Wastewater Services; and
Stormwater Services.
I
1'UNICIFALITY OF j
West P~~h
By-law 63-2024 Schedule "B-1"
SCHEDULE OF RESIDENTIAL AND NON-RESIDENTAL DEVELOPMENT CHARGES EFFECTIVE
FEBRUARY 1, 2025 TO JANUARY 1, 2026
RESIDENTIAL
I
I
I
Apartments -
Special
I
Services/Class of Services
Single and Semi-
Other Multiples I Apartments - 2
Bachelor and 1
Care/Special
I
Detached Dwelling
Bedrooms+
I
I
Bedroom
Dwelling Units
I
Municipal Wide Services:
Services Related to a Highway
4,754
3,014
2,747
1,810
1,734
Fire Protection Services
1,114
706
643
424
406
Policing Services
4
3
3
2
2
Parks and Recreation Services
1,073
680
620
408
391
Library Services
700
444
405
266
255
Provincial Offences Act including By-Law Enforcement
12
8
7
4
4
Waste Diversion
16
10
9
6
6
Municipal Wide Class of Services:
Growth-Related Studies
521
330
301
198
190
Total Municipal Wide Services/Class of Services
$8,194
$5,195
$4,735
$3,118
$2,988
Urban Services:
Stormwater Drainage and Control Services
728
462
421
277
265
Wastewater Services
5,875
3,725
3,396
2,236
2,143
Water Services
2,944
1,866
1,701
1,120
1,074
Total Urban Services
$9,547
$6,053
$5,518
$3,633
$3,482
GRAND TOTAL RURAL AREA
$8,194
$5,195
$4,735
$3,118
$2,988
GRAND TOT AL URBAN AREA
$17,741
$11,248
$10,253
$6,751
$6,470
Note: Rates are subject to annual indexing as per Section 17 of the by-law
NON-RES I DENT I AL
(per sq.ft. of Gross
Floor Area)
1.81
0.43
-
0.05
0.03
0.01
0.01
0.11
$2.45
0.28
2.24
1.12
$3.64
$2.45
$6.09
MUNICIFALITY OF J
West -P~rth
By-law 63-2024 Schedule "B-2"
SCHEDULE OF RESIDENTIAL AND NON-RESIDENTAL DEVELOPMENT CHARGES EFFECTIVE
FEBRUARY 1, 2026 TO JANUARY 1, 2027
RESIDENTIAL
I I
Services/Class of Services
Single and Semi-
.
I
Apartments -
Special
I
I
Apartments-2 , B
h I
d 1
I
Detached Dwelling , Other Multiples [
+
ac eoran
Care/Special I
I
Bedrooms
:
B d
,
e room
Dwelling Units i
Municipal Wide Services:
Services Related to a Highway
5,313
3,369
3,070
2,023
1,938
Fire Protection Services
1,245
789
719
474
454
Policing Services
5
3
3
2
2
Parks and Recreation Services
1,199
760
693
456
437
Library Services
782
496
452
297
285
Provincial Offences Act including By-Law Enforcement
13
9
8
5
5
Waste Diversion
18
11
10
7
7
Municipal Wide Class of Services:
Growth-Related Studies
582
369
336
221
212
Total Municipal Wide Services/Class of Services
$9,157
$5,806
$5,291
$3,485
$3,340
Urban Services:
Stormwater Drainage and Control Services
814
516
470
310
296
Wastewater Services
6,566
4,163
3,795
2,499
2,395
Water Services
3,290
2,085
1,901
1,252
1,200
Total Urban Services
$10,670
$6,764
$6,166
$4,061
$3,891
GRAND TOTAL RURAL AREA
$9,157
$5,806
$5,291
$3,485
$3,340
GRAND TOT AL URBAN AREA
$19,827
$12,570
$11,457
$7,546
$7,231
Note: Rates are subject to annual indexing as per Section 17 of the by-law
NON-RESIDENTIAL
(per sq.ft. of Gross
Floor Area)
2.03
0.48
-
0.06
0.04
0.01
0.01
0.12
$2.75
0.31
2.51
1.25
$4.07
$2.75
$6.82
By-law 63-2024 Schedule "B-3"
SCHEDULE OF RESIDENTIAL AND NON-RESIDENTAL DEVELOPMENT CHARGES EFFECTIVE
FEBRUARY 1, 2027
RESIDENTIAL
NON-RESIDENTIAL
S
·
s/CI
f s
·
-
. ,
:
1
Apartments -
Special
ervIce
ass o
ervIces
Single and Semi-
,
.
I Apartments - 2
1
-
(per sq.ft. of Gross
D ta h d D
II.
, Other Multiples I
B d
+
1 Bachelor and 1
Care/Special
Fl
A
)
e
c e
we mg
I
e rooms
B d
Dw
11-
U .
.
oor rea
,
,
e room
e mg
mts
Municipal Wide.Services:
Services Related to a Highway
5,593
3,546
3,232
2,129
2,040
2.13
Fire Protection Services
1,310
830
757
499
478
0.50
Policing Services
5
3
3
2
2
0.00
Parks and Recreation Services
1,262
800
729
480
460
0.06
Library Services
823
522
476
313
300
0.04
Provincial Offences Act including By-Law Enforcement
14
9
8
5
5
0.01
Waste Di-.ersion
19
12
11
7
7
0.01
Municipal Wide Class of Services:
Growth-Related Studies
612
388
354
233
223
0.13
Total Municipal Wide Services/Class of Services
$9,638
$6,110
$5,570
$3,668
$3,515
$2.88
Urban Services:
Stormwater Drainage and Control Services
856
543
495
326
312
0.33
Wastewater Services
6,912
4,382
3,995
2,631
2,521
2.64
Water Services
3,463
2,195
2,001
1,318
1,263
1.32
Total Urban Services
$11,231
$7,120
$6,491
$4,275
$4,096
$4.29
GRAND TOT AL RURAL AREA
$9,638
$6,110
$5,570
$3,668
$3,515
$2.88
GRAND TOTAL URBAN AREA
$20,870
$13,230
$12,061
$7,943
$7,611
$7.17
Note: Rates are subject to annual indexing as per Section 17 of the by-law