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By-law 21-05-1382
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The Corporation of the Township of Whitewater Region
By-law Number 21-05-1382
A by-law to establish development charges for the
Township of Whitewater Region
Whereas, subsection 2(1) of the Development Charges Act, 1997 c. 27
(hereinafter called "the Act") provides that the council of a municipality may
pass By-laws for the imposition of development charges against land for
increased capital costs required because of the need for services arising from
development in the area to which the by-law applies; and
Whereas, the Council of The Township of Whitewater Region has given
Notice on March 11, 2021 according to section 12 of the Development
Charges Act, 1997, of its intention to pass a by-law under Section 2 of the
said Act; and
Whereas, the Council of the Township of Whitewater Region has heard all
persons who applied to be heard no matter whether in objection to, or in
support of, the development charge proposal at a public meeting held on
April 7, 2021; and
Whereas, the Council of the Township of Whitewater Region had before it a
report entitled Development Charge Background Study dated June 17, 2020
and amended on March 23, 2021, prepared by Watson & Associates
Economists Ltd., wherein it is indicated that the development of any land
within the Township of Whitewater Region will increase the need for services
as defined herein; and
Whereas, the Council of the Township of Whitewater Region on June 17,
2020 approved the applicable Development Charge Background Study,
inclusive of the capital forecast therein, in which certain recommendations
were made relating to the establishment of a development charge policy for
the Township of Whitewater Region pursuant to the Development Charges
Act, 1997; and
Whereas, the Council of the Township of Whitewater Region on April 7,
2021 determined that no additional public meeting was required to be held
as part of the approval process.
Now therefore the Council of the Township of Whitewater Region
enacts as follows:
1.
Definitions
In this by-law,
1. "Act" means the Development Charges Act, 1997, c. 27;
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2. "Administration service" means any and all development-related
studies carried out by the Township which are with respect to eligible
services for which a development charge by-law may be imposed
under the Development Charges Act, 1997;
3. "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;
4. "Accessory dwelling" means a self-contained residential unit that is
subordinate in purpose to another residential dwelling unit upon the
same lot and includes a garden suite and a mobile home;
5. "Accommodation for on-farm labour" means a dwelling unit not
attached to any other building, and used for seasonal, interim or
occasional residential uses by farm labourers;
6. "Agricultural use" means a bona fide farm operation, but does not
include:
(a) residential uses, including accommodation for on-farm labour;
(b) on-farm diversified uses; and
(c) cannabis production facilities.
7. "Ancillary residential building" means a residential building that
would be ancillary to a detached dwelling, semi-detached dwelling, or
row dwelling and includes an accessory dwelling
8. "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 shall include dwelling units contained above or as
part of commercial buildings;
9. "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;
10. "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;
11. "Board of education" means a board defined in s.s. 1(1) of the
Education Act;
12. "Bona fide farm uses" means the proposed development that 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 Municipal Ontario Property Assessment Corporation;
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13. "Building Code Act" means the Building Code Act, 1992, S.O. 1992,
c.23 as amended;
14. "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.
15. "Cannabis plant" means a plant that belongs to the genus cannabis;
16. "Cannabis production facilities" means a building, or part thereof,
designed, used, or intended to be used for one or more of the
following: cultivation, propagation, production, processing, harvesting,
testing, alteration, destruction, storage, packaging, shipment or
distribution of cannabis where a licence, 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.
17. "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, lease, construct or improve facilities including;
i.
rolling stock with an estimated useful life of seven years or
more;
ii.
furniture and equipment, other than computer equipment,
and
iii.
materials acquired for circulation, reference or information
purposes by a library board as defined in the Public Libraries
Act, R.O. 1990, c. 57, and
iv.
to undertake studies in connection with any of the matters
referred to in clauses a. to d.;
(e) to complete the development charge background study under
Section 10 of the Act;
(f)
interest on money borrowed to pay for costs in a. to d. required
for provision of services designated in this by-law within or
outside the Township;
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18. "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;
19. "Commercial" means any use of land, structures or buildings for the
purposes of buying or selling commodities and services, but does not
include industrial or agricultural uses, but does include commercial
greenhouses, hotels, motels, motor inns and boarding, lodging and
rooming houses;
20. "Commercial greenhouse" means a building, that is made primarily
of translucent building material, used, designed or intended to be used
for the sale and display of plant products grown or stored therein,
gardening supplies and equipment, or landscaping supplies and
equipment.
21. "Council" means the Council of the Township of Whitewater Region;
22. "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;
23. "Development charge" means a charge imposed pursuant to this
by-law;
24. "Dwelling unit" means one or more habitable rooms designed or
intended to be used together as a single and separate house-keeping
unit by one person or jointly by two or more persons containing its
own kitchen and sanitary facilities;
25. "Existing" means the number, use and size that existed as of the
date this by-law was passed;
26. "Existing industrial building" means a building or buildings existing
on a site in the Township of Whitewater Region as of the date of the
previous by-law or the buildings or structures constructed and
occupied on a vacant site pursuant to site plan approval under section
41 of the Planning Act, R.S.O. 1990, c. P.13 (the "Planning Act")
subsequent to the date of the previous by-law for which development
charges were exempted or paid for.
27. "Farm building" means a building or structure located on a bona fide
farm which is necessary and ancillary to a bona fide farm operation
including barns, tool sheds, silos, other farm related structures for
such purposes as sheltering of livestock or poultry, storage of farm
produce, feed and farm related machinery and equipment and other
ancillary development to a planning designated agricultural use, but
excluding a residential use;
28. "Garden suite" means a building containing one (1) dwelling unit
where the garden suite is detached from and ancillary to an existing
By-law 21-05-1382
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single detached dwelling or semi-detached dwelling on the lands and
such building is designed to be portable;
29. "Grade" means the average level of finished ground adjoining a
building or structure at all exterior walls;
30. "Gross floor area" means
(a) in the case of a residential building or structure, 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 any other dwelling unit or other portion of a
building; and
(b) in the case of a non-residential building or structure, including an
air supported 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 the parking of motor vehicles or for storage or other
accessory use; and
iv.
a mezzanine as defined by the building code;
31. "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;
32. "Institutional" means the 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 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,
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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.
33. "Linked dwelling unit" means a dwelling unit of a group of two or
more residential dwelling units linked only below grade by a common
foundation;
34. "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;
35. "Local services" means those services, facilities or things which are
under the jurisdiction of the Township of Whitewater Region 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, Chap. P.13, as amended, or any successor
thereof;
36. "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;
37. "Multiple dwelling unit" means all dwellings other than single-
detached, semi-detached and apartment unit dwellings and may
include a row dwelling unit or a linked dwelling unit;
38. "Municipality" means the Corporation of the Township of Whitewater
Region;
39. "Non-profit housing" means development of a building or structure
intended for use as residential premises by,
(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.
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40. "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;
41. "Official Plan" means the Official Plan of the County of Renfrew, as
amended and approved;
42. "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 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;
43. "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;
44. "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,
R.S.O. 1990, Chap. A.31, as amended, or any successor thereof;
45. "Planning Act" means the Planning Act, 1990, R.S.O. 1990, c.P.13,
as amended;
46. "Regulation" means any regulation made pursuant to the Act;
47. "Rental housing" means the development of a building or structure
with four or more dwelling units all of which are intended for use as
rented residential premises;
48. "Reserve fund borrowing rate" means the interest rate established
weekly by the Bank of Canada based on Treasury Bills having a term
of 91 days;
49. "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, mobile camper
trailers or boarding, lodging or rooming houses;
50. "Residential use" means the use of a building or 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;
51. "Row dwelling unit" 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 and may include a linked
dwelling unit;
52. "Semi-detached dwelling unit" means a dwelling unit in a
residential building consisting of two dwelling units having one vertical
wall or one horizontal wall, but not other parts, attached or another
By-law 21-05-1382
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dwelling unit where the residential unit are not connected by an
interior corridor and may include a linked dwelling unit;
53. "Service" means a service designated in Schedule "A" to this By-law,
and "services" shall have a corresponding meaning;
54. "Servicing agreement" means an agreement between a landowner
and the Township relative to the provision of municipal services to
specified land within the Township;
55. "Single detached dwelling unit" means a completely detached
building containing only one dwelling unit;
56. "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, that are licensed, approved or
supervised under any special or general statute, and excludes the
special care/special dwelling portions of the building;
57. "Special care/special dwelling" means 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:
(a) Where the occupants have the right to use in common, halls,
stairs, yards, common rooms and accessory buildings;
(b) Which may or may not have exclusive sanitary and/or culinary
facilities;
(c) That is designed to accommodate persons with specific needs,
including, but not limited to, independent permanent living
arrangements; and
(d) Where support services such as meal preparation, grocery
shopping, laundry, housekeeping, nursing, respite care and
attendant services may be provided at various levels.
58. "Zoning by-law" means the Zoning By-Law of the Municipality or any
successor thereof passed pursuant to Section 34 of the Planning Act,
S.O. 1998.
2.
Designation of Services/Classes of Services
2.1
The categories of services/classes of services 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 & Recreation Services
(d). Library Services
(f)
Growth Studies
(g) Waste Diversion
(h)
Wastewater Services
(i)
Water Services
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2.2 The components of the services/classes of services designated in
section 2.1 are described in Schedule A.
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 land requires any of the approvals set
out in subsection 3.4(a).
Area to Which By-law Applies
3.2
Subject to section 3.3, this By-law applies to all lands in the Township
of Whitewater Region whether or not the land or use thereof is exempt
from taxation under s. 13 or the Assessment Act.
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 Township of Whitewater Region or a local board thereof;
(b)
buildings or structures owned by and used for the purposes of a
board as defined in Subsection 1(1) of the Education Act, R.S.O.
1990, c.E.2, as amended, and exempt from taxation under
Section 3 of the Assessment Act, R.S.O. 1990, c.A.31, as
amended;
(c)
The Corporation of the County of Renfrew 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, R.S.O. 1990, Chap. C.26, as amended,
or any successor thereof; or
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(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
Rules with Respect to Exemptions for Intensification of Existing
Housing or New Housing
Notwithstanding the provisions of this By-law, development charges
shall not be imposed with respect to developments or portions of
developments as follows:
(a)
the enlargement to an existing residential dwelling unit;
(b)
one or two additional dwelling units in an existing single
detached dwelling or prescribed ancillary structure to the existing
residential building;
(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 21-05-1382
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3.5.1 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 dwelling unit.
3.5.2 Notwithstanding subsection 3.5 (d), development charges shall be
imposed if the additional unit has a gross floor area greater than:
(a) in the case of a semi-detached or row dwelling, the gross floor
area of the existing smallest dwelling unit; and
(b) in the case of any other residential building, the gross floor area
of the smallest dwelling unit already contained in the residential
building.
3.6
Notwithstanding section 3.5(a)(i), 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 dwelling unit.
3.6.1 Notwithstanding section 3.5, development charges shall be imposed if
the additional 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 contained in the residential building.
3.7
Exemption for University Facilities
Land vested in or leased to a university that receives regular and
ongoing operating funds from the government for the purposes of
post-secondary education is exempt from development charges
imposed under the Development Charges Act, 1997 if the development
By-law 21-05-1382
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in respect of which development charges would otherwise be payable
is intended to be occupied and used by the university.
3.8
Exemption for Industrial Building Expansions:
Notwithstanding any other provision of this by-lay, there shall be an
exemption from the payment of development charges for one or more
enlargements of an existing industrial building, up to a maximum of
fifty percent of the gross floor area before the first enlargement for
which an exemption from the payment of development charges was
granted pursuant to the Development Charges Act or this section.
Development charges shall be imposed in accordance with this by-law
with respect to the amount of floor area of an enlargement that results
in the gross floor area of the industrial building being increased by
greater than fifty per cent of the gross floor area of the existing
industrial building.
3.9
If the gross floor area of an existing industrial building is enlarged by
greater than fifty 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)
determine the amount by which the enlargement exceeds fifty
percent of the gross floor area before the enlargement;
(b)
divide the amount determined under subsection 1) by the
amount of the enlargement
3.10 Other Exemptions:
Notwithstanding the provision of this by-law, development charges
shall not be imposed with respect to:
(a)
Every place of worship and land used in connection therewith,
and every churchyard, cemetery or burying ground are wholly
exempted from the development charges imposed pursuant to
this by-law.
(b)
bona fide farm uses and buildings, as defined by this By-law, are
wholly exempted from the development charges imposed
pursuant to this by-law.
Amount of Charges
Residential
3.10 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, according to the type of residential use in which the
By-law 21-05-1382
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Township-wide Services/Classes
of Services:
Services Related to a Highway
24.51%
24.51%
24.51%
24.51%
24.51%
Fire Protection Services
24.51%
24.51%
24.51%
24.51%
24.51%
Parks & Recreation Services
24.51%
24.51%
24.51%
24.51%
24.51%
Library Services
24.51%
24.51%
24.51%
24.51%
24.51%
Growth Studies
24.51%
24.51%
24.51%
24.51%
24.51%
Waste Diversion
24.51%
24.51%
24.51%
24.51%
24.51%
Urban Services
Wastewater Services
20.86%
20.86%
20.86%
20.86%
20.86%
Water Services
84.60%
84.60%
84.60%
84.60%
84.60%
Percentage of Schedule"B" Residential Charges to be Imposed
Service/Class of Service
July 1, 2021 to
December 31, 2021
January 1, 2022 to
December 31, 2022
January 1, 2023 to
December 31, 2023
January 1, 2024 to
December 31, 2024
January 1, 2025 to
December 31, 2025
development occurs, and calculated with respect to each of the
services according to the type of residential use.
3.11 Notwithstanding subsection 3.10 of this By-law, the following
percentages of each service for residential development, as provided
below, shall be imposed for the period of July 1, 2021 to December 31,
2025.
Non-Residential
3.12 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 total floor area of
the non-residential use in which the development occurs.
3.13 Notwithstanding subsection 3.12 of this By-law, the following
percentages of each service for non-residential development, as
provided below, shall be imposed for the period of July 1, 2021 to
December 31, 2025.
Reduction of Development Charges for Redevelopment
3.14 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
Township-wide Services/Classes
of Services:
Services Related to a Highway
27.17%
27.17%
27.17%
27.17%
27.17%
Fire Protection Services
27.17%
27.17%
27.17%
27.17%
27.17%
Parks & Recreation Services
27.17%
27.17%
27.17%
27.17%
27.17%
Library Services
27.17%
27.17%
27.17%
27.17%
27.17%
Growth Studies
27.17%
27.17%
27.17%
27.17%
27.17%
Waste Diversion
27.17%
27.17%
27.17%
27.17%
27.17%
Urban Services
Wastewater Services
28.01%
28.01%
28.01%
28.01%
28.01%
Water Services
84.75%
84.75%
84.75%
84.75%
84.75%
Percentage of Schedule"B" Non-Residential Charges to be Imposed
Service/Class of Service
July 1, 2021 to
December 31, 2021
January 1, 2022 to
December 31, 2022
January 1, 2023 to
December 31, 2023
January 1, 2024 to
December 31, 2024
January 1, 2025 to
December 31, 2025
By-law 21-05-1382
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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
3.10 and 3.11 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 greater of the applicable development charges
under subsection 3.12 and 3.13 by the gross floor area that has
been or will be demolished or converted to another principal use;
provided that such amounts shall not exceed, in total, the amount of
the development charges otherwise payable with respect to the
redevelopment.
Time of Payment of Development Charges
3.15 Development charges imposed under this section are payable upon
issuance of a building permit with respect to each dwelling unit,
building or structure.
3.16 Notwithstanding Subsection 3.10 to 3.13, Development Charges for
rental housing and institutional developments are due and payable in 6
installments commencing with the first instalment payable on the date
of occupancy, and each subsequent installment, including interest (as
per the Township's D.C. Interest Rate Policy), payable on the
anniversary date each year thereafter.
3.17 Notwithstanding Subsections 3.10 to 3.13, Development Charges for
non-profit housing developments are due and payable in 21
instalments commencing with the first installment payable on the date
of occupancy, and each subsequent installment, including interest (as
per the Township's D.C. Interest Rate Policy), payable on the
anniversary date each year thereafter.
3.18 Where the development of land results from the approval of a Site Plan
or Zoning Bylaw 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 3.10,
3.11, 3.12, and 3.13 shall be calculated on the rates set out in
Schedule "B" on the date of the planning application, including interest
By-law 21-05-1382
Page 15 of 17
(as per the Township's D.C. Interest Rate Policy). Where both
planning applications apply Development Charges under Subsections
3.10, 3.11, 3.12, and 3.13 shall be calculated on the rates, including
interest (as per the Township's D.C. Interest Rate Policy), set out in
Schedules "B" on the date of the later planning application, including
interest.
3.19 Council may enter into an agreement for payment of the development
charges before or after the date of building permit issuance subject to
Section 27 of the Act.
4.
Phase-in of Development Charges
4.1
The development charges imposed - pursuant to this by-law are being
phased-in as per subsections 3.10 to 3.13 and are payable in full,
subject to the exemptions herein, from the effective date of this by-
law.
5.
Payment by Services
5.1
Despite the payment required under subsections 3.10, 3.11, 3.12, and
3.13, Council may, by agreement, give a credit towards a development
charge in exchange for work that relates to a service to which a
development charge relates under this By-law.
6.
Indexing
6.1
Development charges imposed pursuant to this By-law shall be
adjusted annually commencing on January 1, 2022, without
amendment to this By-law in accordance with the prescribed index in
the Act.
7.
Schedules
7.1
The following schedules shall form part of this By-law:
Schedule A
Components of Services/Classes of Services
Designated in section 2.1.
Schedule B
Residential and Non-Residential Township-Wide
Development Charges.
8.
Conflicts
8.1
Where the Township of Whitewater Region 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.
8.2
Notwithstanding section 8.1, where a development which is the subject
of an agreement to which section 8.1 applies, is subsequently the
By-law 21-05-1382
Page 16 of 17
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.
9.
Severability
9.1
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.
10.
Date By-law in Force
10.1 This By-law shall come into effect at 12:01 AM on July 1, 2021.
11.
Date By-law Expires
11.1 This By-law will expire at 11:59 PM on June 30, 2026 unless it is
repealed by Council at an earlier date.
Read a first, second and third time and finally passed this 5th day of
May, 2021.
Michael Moore, Mayor
Carmen Miller, Clerk
By-law 21-05-1382
Page 17 of 17
Schedule "A" to By-law 21-05-1382
D.C -Eligible Services
Services Related to Highway
- Roads
- PW Facilities, Vehicles and Equipment
Water Services
- Treatment, storage and distribution systems
Wastewater Services
- Treatment plants & sewers
Fire Protection Services
- Fire facilities, vehicles & equipment
Parks & Recreation Services
- Parkland development, amenities & trails
- Parks vehicles and equipment
- Recreation facilities
Library Services
- Library facilities and materials
Water Diversion
- Waste diversion facilities, vehicles, equipment and other
Growth Studies
- Water Services
- Wastewater Services
- Service related to a highway
- Fire Protection Services
- Parks & Recreation Services
- Library Services
- Waste Diversion
Schedule B
By-law Number 21-05-1382
Schedule of Development Charges
NON-RESIDENTIAL
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)
Township Wide Services/Classes of Services:
Services Related to a Highway
992
718
573
391
391
0.27
Fire Protection Services
447
324
258
176
176
0.12
Parks & Recreation Services
1,305
945
754
515
515
0.07
Library Services
132
95
76
52
52
0.01
Growth Studies
101
73
58
40
40
0.03
Waste Diversion
24
17
13
9
9
0.00
Total Township Wide Services/Classes of Services
3,000
2,173
1,733
1,183
1,183
0.50
Urban Services
Wastewater Services
1,500
1,087
867
591
591
1.00
Water Services
1,000
724
578
394
394
0.50
Total Urban Services
2,500
1,811
1,444
986
986
1.50
GRAND TOTAL RURAL AREA
3,000
2,173
1,733
1,183
1,183
0.50
GRAND TOTAL URBAN AREA - PARTIAL SERVICES
(WATER ONLY)
4,000
2,897
2,311
1,577
1,577
1.00
GRAND TOTAL URBAN AREA - FULL SERVICES
(WATER AND WASTEWATER)
5,500
3,984
3,178
2,169
2,169
2.00
Service/Class of Service
RESIDENTIAL