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THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE
BY-LAW NUMBER 2023-146-FI
(CONSOLIDATED VERSION)
BEING A BY-LAW to establish development charges for the Corporation of the
Town of Whitchurch-Stouffville Parks and Recreation Services
WHEREAS the Town of Whitchurch-Stouffville will experience growth through
development and redevelopment; and
WHEREAS development and redevelopment require the provision of physical and
social services by the Town of Whitchurch-Stouffville; and
WHEREAS Council desires to ensure that the capital cost of meeting growth-related
demands for or burden on municipal services does not place an excessive financial
burden on the Town of Whitchurch-Stouffville or its existing taxpayers while at the
same time ensuring new taxpayers contribute no more than the net capital cost
attributable to providing the current level of municipal services; and
WHEREAS the Development Charges Act, 1997 (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 the background study and draft proposed bylaw be
made available to the public and such documents were made available to the public
60 days prior to the passage of the bylaw and at least two (2) weeks prior to the
public meeting required pursuant to Section 12 of the Act; and
WHEREAS the Council of The Corporation of the Town of Whitchurch-Stouffville
has given notice of and held a public meeting on the 8th day of November, 2023 in
accordance with the Act and the regulations thereto; and
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 the proposed by-law; and
WHEREAS Council resolved on December 6, 2023 that it is the intention of Council
to ensure that the increase in need for services identified in connection with the
enactment of the by-law will be met; and
WHEREAS Council resolved on December 6, 2023 that no further public meeting be
required and that this by-law be brought forward for enactment.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF WHITCHURCH-
STOUFFVILLE ENACTS AS FOLLOWS:
1.
INTERPRETATION
1.1
In this By-law the following items shall have the corresponding meanings:
By-law 2023-146-FI
Page 2 of 19
"Abandoned Structures" means buildings or structures that have received a
formal notification from the Town indicating the building or structure must be
demolished within six (6) months of receiving the formal notification;
"Act" means the Development Charges Act, 1997, S.O. 1997, c. 27, as
amended, or any successor thereof;
"Accessory Use" means that the building or structure is naturally and
normally incidental to or subordinate in purpose or both, and exclusively
devoted to a principal use, building or structure;
"Affordable Residential Unit" means a Residential Unit that meets the criteria
set out in subsection 4.1 of the Act;
"Ancillary Residential Use" means a Residential Dwelling that would be
ancillary to a Single Detached Dwelling, Semi-Detached Dwelling, or
Rowhouse;
"Agricultural Use" means use or intended use for bona fide farming purposes:
(a)
including (but not limited to):
i.
cultivation of crops, whether on open land or in
greenhouses, including (but not limited to) fruit, vegetables,
herbs, grains, field crops, sod, trees, shrubs, flowers, and
ornamental plants;
ii.
raising of animals, including (but not limited to) cattle,
horses, pigs, poultry, livestock, fish;
iii.
agricultural animal husbandry, dairying, equestrian activities,
horticulture, fallowing, pasturing, and market gardening; and
iv.
services related to the boarding or breeding of household
pets.
(b)
but excluding:
i.
retail sales activities; including but not limited to restaurants,
banquet facilities, hospitality facilities and gift shops;
ii.
services related to grooming of household pets; and
iii.
Cannabis Production Facilities.
"Apartment Unit" means any residential unit within a building containing four
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. Despite the foregoing,
an Apartment Unit includes Stacked Townhouse Dwellings;
"Attainable Residential Unit" means a residential unit that meets the criteria
set out in subsection 4.1 of the Act;
"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, that do not have rear yards;
"Bedroom" means a habitable room larger than seven square metres,
including a den, study, or other similar area, but does not include a bathroom,
living room, dining room or kitchen;
By-law 2023-146-FI
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"Benefiting Area" means an area defined by 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 set out in the Education Act,
R.S.O. 1990, c. E.2, as amended, or any successor thereof;
"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 and excludes Cannabis Production Facilities;
"Building Code Act" means the Building Code Act, S.O. 1992, as amended,
or any successor thereof;
"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,
(a)
to acquire land or an interest in land, including a leasehold interest,
(b)
to improve land,
(c)
to acquire, lease, construct or improve buildings and structures,
(d)
to acquire, construct or improve facilities including,
i.
rolling stock with an estimated useful life of seven years or
more, and
ii.
furniture and equipment other than computer equipment,
and
iii.
material acquired for circulation, reference or information
purposes by a library board as defined in the Public
Libraries Act, R.S.O. 19990, Chap. c. P.44, as amended, or
any successor thereof.
(e)
interest on money borrowed to pay for costs in (a) to (d).
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) to (e) above that are growth-related;
"Commercial" means any use of land, structures, or buildings for the
purposes of buying or selling commodities and services, but does not include
Industrial, Institutional, or Agricultural Use, and does include Cannabis
Production Facilities, hotels, motels, and motor inns;
"Cannabis" means:
(a)
a cannabis plant;
(b)
any part of a cannabis plant, including the phytocannabinoids
produced by, or found in, such a plant regardless of whether that
part has been processed or not;
(c)
any substance or mixture of substances that contains or has on it
any part of such a plant; and
(d)
any substance that is identical to any phytocannabinoid produced
by, or found in, such a plant, regardless of how the substance was
obtained;
By-law 2023-146-FI
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"Cannabis Plant" means a plant that belongs to the genus Cannabis;
"Cannabis Production Facilities" means a building, or part thereof, designed,
used, or intended to be used for one or more of the following: growing,
production, processing, harvesting, testing, alteration, destruction, storage,
packaging, shipment, or distribution of cannabis where a license, permit or
authorization has been issued under applicable federal law and does include,
but is not limited to such buildings as a greenhouse and agricultural building
associated with the use. It does not include a building or part thereof solely
designed, used, or intended to be used for retail sales of cannabis;
"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 Nursing Homes Act, R.S.O., 1990, c. N.7, and a home for
special care under the Homes for Special Care Act, R.S.O. 1990, c, H.12;
"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 Government nor any
correctional institution or secure custody and detention facility operated by
the Province of Ontario;
"Council" means the Council of the municipality;
"Derelict Structures" means buildings or structures that have received a
formal notification from the Town indicating the building or structure must be
demolished within six (6) months of receiving the formal notification;
"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 the effect of increasing the size of usability thereof,
and includes redevelopment;
"Development Charge" means a charge imposed with respect to this By-law;
"Duplex" means a building comprising, by horizontal division, two (2) dwelling
units, each of which has a separate entrance to grade;
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"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/or sanitary facilities for
their exclusive use;
"Existing" means the number, use and size that existed as of January 1,
2019;
"Existing Industrial" means an Industrial Building or structure existing on a
site as of January 1, 2019, or the first building or structures constructed on a
vacant site pursuant to site plan approval under section 41 of the Planning
Act, R.S.O. 1990, c. P. 13, as amended, or any successor thereof,
subsequent to the January 1, 2019, for which full development charges were
paid;
"Farm Building" means that part of a bona fide farming operation
encompassing barns, silos, and other ancillary development to an agricultural
use, but excluding a residential use;
"Gross Floor Area" means:
(a)
in the case of a residential building or structure, the total area of all
floors above or below 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 any other dwelling unit or other portion of a
building; and
(b)
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:
i.
a room or enclosed area within the building or structure
above or below that is used exclusively for the
accommodation of heating, cooling, ventilating, electrical,
mechanical or telecommunications equipment that service
the building;
ii.
loading facilities above or below grade;
iii.
a part of the building or structure below grade that is used
for storage or other accessory use; and
iv.
a part of the building or structure below grade that is used
for the parking of motor vehicles unless the area is used for
the storage of motor vehicles prior to being sold or rented to
the general public or where the building or structure is used
for the sale or renting of motor vehicle to the general public.
"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
By-law 2023-146-FI
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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" 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 self-storage facilities;
"Institutional" 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 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 institution of the following post-secondary institutions for the
objects of the institution:
i.
a university in Ontario that receives direct, regular, and
ongoing operation 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 Institute 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.
"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;
"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
Town and/or the Region of York, or any part or parts thereof;
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"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, R.S.O. 1990, c. P.13, as amended,
or any successor thereof;
"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;
"Multiple Dwellings" means all dwellings other than Single-detached, Semi-
detached, Apartment Unit, and Special Care/Special Need Dwelling, and
includes Plexes, Duplex, Semi-detached Duplex, Triplex, Semi-detached
Triplex, and the portion of a Live-Work Unit intended to be used exclusively
for living accommodations for one or more individuals;
"Municipality" means the Corporation of the Town of Whitchurch-Stouffville;
"Non-residential Use" means a building or structure of any kind whatsoever
used, designed, or intended to be used for a use other than a Residential
Use, and includes the portion of a Live-Work Unit that is not intended to be
used exclusively for living accommodations for one or more individuals;
"Nursing home" means a residential building or the residential portion of a
mixed-use building licensed as a nursing home by the Province of Ontario,
within the meaning of the Nursing Homes Act, R.S.O., 1990, C. n.7.;
"Official Plan" means the Official Plan adopted for the Town, as amended,
and approved;
"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'
"Plexes" means a Duplex, Semi-detached Duplex, a Triplex, or a Semi-
detached Triplex;
"Private School" means a private school defined under the Education Act,
1990, c. E.2 or any successor thereto, being "an institution at which
instruction is provided at any time between the hours of 9 a.m. and 4 p.m. on
any school day for five or more pupils who are of, or over compulsory school
age in any of the subjects of the elementary or secondary school courses of
study";
"Regulation" means any regulation made pursuant to the Act;
"Residential Dwelling" means a building, occupied or capable of being
occupied as a home, residence or sleeping place by one or more persons,
containing one or more dwelling units but not including motels, hotels, tents,
truck campers, tourist trailers, or mobile camper trailers;
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"Residential Use" means the use of a building, structure, or portion thereof for
one or more dwelling units. This also includes a Dwelling Unit on land that is
used for an Agricultural Use;
"Rental Housing Development" means development of a building or structure
with four (4) or more Residential Units of all which are intended for use as
rented residential premises;
"Retirement Home or Lodge" mans 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;
"Row 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;
"Rowhouse" 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 separate from any abutting
dwelling unit;
"Semi-detached Duplex" means one (1) of a pair of attached duplexes where
each Duplex is divided vertically from the other by a party wall;
"Semi-detached Dwelling" means a building divided vertically into two
dwelling units each of which has a separate entrance and access to grade;
"Semi-detached Triplex" means one (1) of a pair of Triplexes divided
vertically, one (1) from the other, by a party wall;
"Semi-detached Dwelling" means a dwelling unit in a residential building
consisting of two (2) dwelling units having one (1) vertical wall, but not other
parts, attached or another dwelling unit where the residential units are not
connected by an interior corridor;
"Service" means a service designed in Section 2.1 of this By-law, and
"services" shall have a corresponding meaning;
"Servicing Agreement" means an agreement between a landowner and the
Municipality relative to the provision of municipal services to specified land
within the Municipality;
"Single Detached Dwelling Unit" means a residential building consisting of
one (1) dwelling unit and not attached to another structure;
"Special Care/Special Need Dwelling" means a Building, or part of a Building:
(a)
containing two or more Dwelling Units which units have a common
entrance from street level;
By-law 2023-146-FI
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(b)
where the occupants have the right to use, in common with other
occupants, halls, stairs, yards, common rooms and accessory
Buildings;
(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 any one or more various levels;
and
(e)
the residential building or the residential portion of a mixed-use
building maintained and operated as a nursing home under the
Nursing Homes Act, R.S.O., 1990, C. n.7.
and includes, but is not limited to, Retirement Home or Lodge, Charitable
Dwelling, Group Home (including a Correctional Group Home), Hospice, and
Nursing Home;
"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;
"Town" means the area within the geographic limits of the Town of
Whitchurch-Stouffville;
"Townhouse Dwelling" means a building vertically divided into three or more
dwelling units by common walls extending from the base of the foundation to
the roof. Each dwelling unit shall have separate entrance directly to the
outside, and includes, but is not limited to, a Back-to-Back Townhouse
Dwelling and a Rowhouse, but excludes Stacked Townhouse Dwelling;
"Triplex" means a building comprising three (3) dwelling units, each of which
has a separate entrance to grade;
"Zoning By-Law" means the Zoning By-Law of the Town, or any successor
thereof passed pursuant to Section 34 of the Planning Act, S.O. 1998.
2.
DESIGNATION OF SERVICES
2.1
The category of service for which development charges are imposed under
this By-law is as follows:
(a)
Parks and Recreation Services
3.
APPLICATION OF BY-LAW RULES
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 section 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
By-law 2023-146-FI
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3.2
Subject to section 3.3, this by-law applies to all lands in the Town, whether or
not the land or use thereof is exempt from taxation under s. 13 or the
Assessment Act, R.S.O. 1990, c. A.31, or any successor thereof.
3.3
Notwithstanding clause 3.2 above, this by-law shall not apply to lands that
are owned by and used for the purposes of:
(a)
the Municipality or a Local Board thereof;
(b)
a Board of Education; or
(c)
the Corporation of the Region of York 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, R.S.O.
1990, c. P. 13;
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, R.S.O. 1990, c. P. 13
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, R.S.O.
1990, c. P. 13;
vi.
the approval of a description under section 50 of the
Condominium Act, R.S.O. 1990, Chap. C.26, as amended,
or any successor thereof; or
vii.
the issuing of a permit under the Building Code Act 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.
(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 or 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)
an enlargement to an existing dwelling unit;
(b)
one or two additional dwelling units in an existing single detached
dwelling or prescribed ancillary structure to the existing residential
building;
By-law 2023-146-FI
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(c)
the creation of additional dwelling units equal to the greater of one
or 1% of the existing dwelling units in an existing residential rental
building containing four or more dwelling units or prescribed
ancillary structure to the existing residential building;
(d)
the creation of one additional dwelling unit in any other existing
residential building already containing at least one dwelling unit or
prescribed ancillary structure to the existing residential building; or
(e)
the creation of a second dwelling unit in prescribed classes of
proposed new residential buildings, including structures ancillary to
dwellings, subject to the following restrictions:
By-law 2023-146-FI
Page 12 of 19
Ite
m
Name of Class of
Proposed New Residential
Buildings
Description of Class of Proposed
New Residential Buildings
Restrictions
1
Proposed new detached
dwellings
Proposed new residential
buildings that would not be
attached to other buildings and
that are permitted to contain a
second dwelling unit, that being
either of the two dwelling units, if
the units have the same gross
floor area, or the smaller of the
dwelling units
The proposed new detached
dwelling must only contain two
dwelling units.
The proposed new detached
dwelling must be located on a
parcel of land on which no other
detached dwelling, semi-
detached dwelling or row
dwelling would be located
2
Proposed new semi-
detached dwellings or
row dwellings
Proposed new residential
buildings that would have one or
two vertical walls, but no other
parts attached to other buildings
and that are permitted to contain
a second dwelling unit, that being
either of the two dwelling units, if
the units have the same gross
floor area, or the smaller of the
dwelling units
The proposed new semi-detached
dwelling or row dwelling must
only contain two dwelling units.
The proposed new semi-detached
dwelling or row dwelling must be
located on a parcel of land on
which no other detached
dwelling, semi-detached dwelling
or row dwelling would be located
3
Proposed new residential
buildings that would be
ancillary to a proposed
new detached dwelling,
semi-detached dwelling,
or row dwelling
Proposed new residential
buildings that would be ancillary
to a proposed new detached
dwelling, semi-detached dwelling,
or row dwelling, and that are
permitted to contain a single
dwelling unit
The proposed new detached
dwelling, semi-detached dwelling,
or row dwelling, to which the
proposed new residential building
would be ancillary, must only
contain one dwelling unit.
The gross floor area of the
dwelling unit in the proposed
new residential building must be
equal to or less than the gross
floor area of the detached
dwelling, semi-detached dwelling,
or row dwelling to which the
proposed new residential building
is ancillary
(f)
Notwithstanding subsection 3.5(b), Development Charges shall be
imposed, if the total gross floor area of the additional one or two
units exceeds the gross floor area of the existing Single Detached
Dwelling Unit;
(g)
Notwithstanding section 3.5(d), Development Charges shall be
imposed, if the additional Dwelling Unit has a gross floor area
greater than:
i.
in the case of a semi-detached or row dwelling, the gross
floor area of the existing dwelling unit; and
ii.
in the case of any other residential building, the gross floor
area of the smallest dwelling unit already contained in the
residential building.
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Discounts for Rental Housing:
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.
Other Exemptions:
Once proclaimed, the following shall be exempt from payment of the Development
Charges:
(a)
Affordable residential units; or
(b)
Attainable residential units.
3.6
Exemptions for Industrial Development
3.6.1 Notwithstanding any other provision of this by-law, 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.
3.6.2 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:
(a)
notwithstanding section 3.6.2, if the Gross Floor Area is enlarged
by more than 50 percent (50%), development charges shall be
payable and collected and the amount payable shall be calculated
in accordance with s.4(3) of the Act.
(b)
that for greater certainty in applying the exemption in this section,
the gross floor area of an Existing Industrial building is enlarged
where there is a bona fide increase in the size of the Existing
Industrial building, the enlarged area is attached to the Existing
Industrial building, there is a direct means of ingress and egress
from the Existing Industrial building to and from the enlarged areas
for persons, goods, and equipment, and the Existing Industrial
building and the enlarged area are used for or in connection with
an industrial purpose as set out in subsection 1.1 of this by-law.
Without limiting the generality of the foregoing, the exemption in
this section shall not apply where the enlarged area is attached to
the Existing Industrial building by means only of a tunnel, bridge,
canopy, corridor, or other passageway, or through a shared below-
grade connection such as a service tunnel, foundation, footing, or a
parking facility
(c)
in particular, for the purposes of applying this exemption, the
industrial building is considered existing if it is built, occupied, and
assessed for property taxation at the time of the application
respecting the enlargement
(d)
the exemption of an Existing Industrial building provided by this
section shall be applied to a maximum of fifty percent (50%) of the
gross floor area that was existing as of January 1, 2019, or based
on the first building or structures constructed on a vacant site
pursuant to site plan approval under section 41 of the Planning Act,
By-law 2023-146-FI
Page 14 of 19
R.S.O. 1990, c. P. 13, as amended, or any successor thereof,
subsequent to January 1, 2019, for which full development charges
were paid.
3.7
Other Exemptions
Notwithstanding the provision of this by-law, development charges shall not be
imposed with respect to:
(a)
The development of non-residential farm buildings constructed for
an agricultural use.
Amount of Charges
3.8
Residential
The development charges set out in Schedule B shall be imposed on
residential uses of lands, buildings or structures, including a dwelling unit
accessory to a non-residential use and, in the case of a mixed-use building or
structure, on the residential uses in the mixed-use building or structure, and
the residential portion for a Live-Work unit, according to the type of residential
unit, and calculated with respect to the service according to the type of
residential use.
3.9
Non-Residential
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 the non-residential portion for a Live-
Work unit, and calculated with respect to the service according to the total
floor area of the non-residential use.
Reduction of Development Charges for Redevelopment
3.10 Despite any other provisions 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 subsection 3.8 by the
number, according to type, of dwelling units that have been or will
be demolished or converted to another principal use; and
(b)
in the case of a non-residential building or structure or, in the case
of mixed-use building or structure, the non-residential uses in the
mixed-use building or structure, an amount calculated by
multiplying the applicable development charges under subsection
3.9, by the gross floor area that has been or will be demolished or
converted to another principal use;
By-law 2023-146-FI
Page 15 of 19
provided that such amounts shall not exceed, in total, the amount of the
development charges otherwise payable with respect to the redevelopment;
and
3.11 Not withstanding section 3.10, for Abandoned Structures and/or Derelict
Structures that have received a formal notification from the Town indicating
the building or structure must be demolished within six (6) months of
receiving the formal notification, and demolition has taken place within the six
(6) months of receiving the formal notification, the redevelopment credit will
be available for up to 120 months from the date of demolition
Time of Payment of Development Charges
3.12 A Development Charge shall be calculated and payable in full in money or by
provision of Services as may be agreed upon, or by credit granted pursuant
to the Act or this By-law, on the date the first building permit is issued in
relation to a Building or structure on land to which a Development Charge
applies.
3.13 Notwithstanding subsection 3.12, Development Charges for rental housing
and institutional developments are due and payable in six (6) installments
commencing with the first installment payable on the date of occupancy, 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 on or after January 1, 2020, and the building
permit was issued within 2 years of the approval, the Development Charges
shall be calculated based on the rate in effect on the date of the Site Plan or
Zoning By-law Amendment application was deemed complete, including
interest.
3.15 Notwithstanding subsections 3.12 through 3.14 inclusive, the Town may enter
into an agreement with a person/owner of land who is required to pay a
Development Charge for:
(a)
All or any part of a development charge to be paid before or after it
would otherwise be payable;
(b)
The total amount of the Development Charge payable under an
agreement under this section is the amount of the Development
Charge that would be determine under this by-law on the day
specified in the agreement or, if no such day is specified, at the
earlier of.
i.
the time of the Development Charge or any part of it is payable
under the agreement; or
ii.
the time of the Development Charge would have been payable
in the absence of the agreement.
(c)
In an agreement under this section, the Town may charge interest, at
a rate stipulated in the agreement, on that part of the Development
Charge payable after it would otherwise be payable.
4.
PAYMENT BY SERVICES
4.1
Despite the payment required under subsections 3.12 through 3.15, inclusive,
Council may, by agreement, give a credit towards a Development Charge in
By-law 2023-146-FI
Page 16 of 19
exchange for work that relates to a service to which a Development Charge
relates under this by-law.
5.
INDEXING
5.1
Development charges imposed pursuant to this by-law shall be adjusted
annually, without amendment to this By-law, on July 1st of each year, in
accordance with the prescribed index in the Act.
6.
SCHEDULES
6.1
The following schedules shall form part of this By-law:
Schedule A -
List of Town-Wide Services
Schedule B -
Residential and Non-Residential Development
Charges
7.
CONFLICTS
7.1
Where the Town and an owner or former owner have entered into an
agreement with respect to land within the area to which this By-law applies,
and a conflict exists between the provisions of this By-law and such
agreement, the provisions of the agreement shall prevail to the extent that
there is a conflict.
7.2
Notwithstanding section 7.1, where a development which is the subject of an
agreement to which section 7.1 applies, is subsequently the subject of one or
more of the actions described in subsection 3.4(a), an additional
development charge in respect of the development permitted by the action
shall be calculated, payable and collected in accordance with the provisions
of this By-law if the development has the effect of increasing the need for
services, unless such agreement provides otherwise.
8.
SEVERABILITY
8.1
If, for any reason, any provision of this By-law is held to be 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,
amended or modified.
9.
DATE BY-LAW IN FORCE
9.1
This By-law shall come into effect at 12:01 AM on January 1, 2024.
READ a first and second time this 6th day of December, 2023.
READ a third time and passed this 6th day of December, 2023.
Iain Lovatt, Mayor
Becky Jamieson, Clerk
"Iain Lovatt"
"Becky Jamieson"
SCHEDULE "A" TO BY-LAW
DESIGNATED MUNICIPAL SERVICES UNDER THIS BY-LAW
Town-Wide Services
1.
Parks and Recreation Services
Town-Wide Service
SCHEDULE "B" TO BY-LAW
SCHEDULE OF DEVELOPMENT CHARGE
Single and Semi-
Detachecl Dwelling
Multiple
Dwellings
RESIDENTIAL
Apartments - 2
Bedrooms+
Apartments -
Bachelor and 1
Bedroom
Special
Care/Special
Dwelling Units
I
Pms and Recreation SeNces
I I
19.256 1
s.111 J I
a,487 :
NON-RESIDENTIAL
(per sq.ft of Gross
Floor Area)
1.161
Amendment History
Date
(Year/Month/Day)
By-law
Amendment
2024/06/26
2024-088-FI
Remove Section 6 - Mandatory Phase-In in
its entirety and all section numbering
thereafter be updated accordingly.