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The Corporation of the Township of Woolwich
By-law No. 39-2024
A By-law for the Imposition of Development Charges
WHEREAS the Township of Woolwich will experience growth through development
and re-development; and
AND WHEREAS development and re-development requires the provision of physical
and social services by the Township of Woolwich; and
AND WHEREAS The Township of Woolwich has determined that the development of
lands within the Township will increase the need for municipal services and Council has
confirmed its intent to provide the said services; and
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 Township of Woolwich 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
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;
AND WHEREAS the Council of The Corporation of the Township of Woolwich has
given notice of and held a public meeting on the 28th day of May, 2024 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
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WHEREAS the Corporation of the Township of Woolwich Council resolved on May 28,
2024, 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 the Corporation of the Township of Woolwich Council resolved on May 28,
2024, that no further public meeting be required, and that this by-law be brought forward
for enactment; and
WHEREAS Section 2(1) of the Development Charges Act, 1997 ("Act") enables the
Council of a municipality to pass By-laws to impose development charges against lands
located in the Township to pay for increased capital costs 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 Section 2(2) of the Act;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
WOOLWICH ENACTS AS FOLLOWS:
1. INTERPRETATION
1.1
In this By-law the following items shall have the corresponding meanings
"Act" means the Development Charges Act, as amended from time to time
and includes the Regulations passed under the Act, as amended from
time to time;
"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;
"Affordable Housing" means dwelling units and incidental facilities,
primarily for persons of low and moderate income, that meets the
requirements of any program for such purpose as administered by any
agency of the Federal or Provincial government, and/or the Region of
Waterloo and for which an agreement has been entered into with the
Region of Waterloo with respect to the provisions of such dwelling units
and facilities;
"Affordable Residential Unit" means a residential unit that meets the
criteria set out in subsection 4.1 of the Act
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"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;
"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;
"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, Chap. 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;
"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,
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d) to acquire, construct or improve facilities including,
i.
furniture and equipment other than computer equipment, and
ii.
material acquired for circulation, reference or information
purposes by a library board as defined in the Public Libraries
Act, R.S.O. 1990, Chap. P.44, as amended, or any
successor thereof; and
iii.
rolling stock with an estimated useful life of seven years or
more, and
e) to undertake studies in connection with any matter under the Act
and any of the matters in clauses a) to d) above, including the
development charge background study require for the provision of
services and class of services designated in this by-law within or
outside the municipality, including interest on borrowing for those
expenditures under clauses a) to d) 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 or agricultural uses, but does include hotels, motels,
motor inns and boarding, lodging and rooming houses;
"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:
cultivation, growing, 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;
"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
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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;
"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;
"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;
"Dwelling Unit" means any part of a building or structure used, designed,
or intended to be used as a domestic establishment in which one or more
persons may sleep and are provided with culinary and sanitary facilities for
their exclusive use;
"Existing" means the number, use and size that existed as of the date the
date of the first building;
"Farm Building" means all or part of a building; that does not contain any
area used for residential occupancy, that is associated with and located on
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land devoted to the practice of farming and that is used essentially for the
housing of equipment or livestock or the production, storage or processing
of agricultural and horticultural produce or feeds. Examples include
encompassing barns, silos, and other ancillary development to an
agricultural use;
"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, 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; and
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
"Existing Industrial" means an Industrial Building or structure existing on a
site as of the date this by-law comes into effect, 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 this by-law, for which full
development charges were paid;
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"Group Home" means a residential building or the residential portion of a
mixed-use building containing a single housekeeping unit which may or
may not be supervised on a 24-hour basis on site by agency staff on a
shift rotation basis, and funded wholly or in part by any government or its
agency, or by public subscription or donation, or by any combination
thereof and licensed, approved or supervised by the Province of Ontario
for the accommodation of persons under any general or special act and
amendments or replacements thereto. A group home may contain an
office provided that the office is used only for the operation of the group
home in which it is located;
"Hospice" means a building or portion of a mixed-use building designed
and intended to provide palliative care and emotional support to the
terminally ill in a home or homelike setting so that quality of life is
maintained, and family members may be active participants in care;
"Industrial" means lands, buildings or structures used or designed or
intended for use for manufacturing, processing, fabricating or assembly of
raw goods, warehousing, or bulk storage of goods, and includes office
uses and the sale of commodities to the general public where such uses
are accessory to an industrial use, but does not include the sale of
commodities to the general public through a warehouse club;
"Institutional" 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, 2010;
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;
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b) a college or university federated or affiliated with a university
described in subclause a); or
c) an Indigenous Institute prescribed for the purposes of
section 6 of the Indigenous Institute Act, 2017;
iv.
as a memorial home, clubhouse, or athletic grounds by an Ontario
branch of the Royal Canadian Legion; or
v.
as a hospice to provide end of life care.
"Live-Work" 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 Township of Woolwich or any part or
parts thereof;
"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. 19990, Chap. 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 and apartment unit dwellings;
"Municipality" means the Corporation of the Township of Woolwich
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"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;
"Official Plan" means the Official Plan adopted for the Township, as
amended, and approved;
"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
residential dwelling, and may include, but not be limited to, uses that
produce value added agricultural products or provide a service that is
supportive of regional agri-business;
"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;
"Rate" means the interest rate established weekly by the Bank of Canada
based on Treasury Bills having a term of 91 days;
"Regulation" means any regulation made pursuant to the Act;
"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;
"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;
"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;
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"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;
"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;
"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;
"Semi-Detached Dwelling" 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 dwelling unit where the
residential unit are not connected by an interior corridor;
"Service" means a service designed in Schedule "A" to 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 dwelling unit and not attached to another structure;
"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;
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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
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;
"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;
"Temporary Building" Or "Structure" means a building or structure
constructed or erected or placed on land for a continuous period not
exceeding eight months, or an addition or alteration to a building or
structure that has the effect of increasing the total floor area thereof for a
continuous period not exceeding eight month;
"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;
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"Zoning By-Law" means the Zoning By-Law of the Township of Woolwich,
or any successor thereof passed pursuant to Section 34 of the Planning
Act, S.O. 1998.
2. DESIGNATION OF SERVICES
2.1
The categories 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 and Recreation Services;
(d) Library Services;
(e) Provincial Offences Act, including By-law Enforcement;
(f) Emergency Preparedness;
(g) Water Services;
(h) Wastewater Services; and
(i) Stormwater Services.
2.2
The categories of class of services for which Development Charges are
imposed under this By-law are as follows:
(a) Growth-Related Studies.
2.3
The components of the services and class of services designated in
sections 2.1 and 2.2 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
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(b) the development of the lands requires any of the approvals set out
in subsection 3.4(a).
Area to Which By-law Applies
3.2
Subject to section 3.3, this By-law applies to all lands in the Township of
Woolwich 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, Development Charges for water
services, wastewater services, and stormwater services applies to the
urban serviced lands in the Township of Woolwich whether or not the land
or use thereof is exempt from taxation under s. 13 or the Assessment Act.
3.4
Notwithstanding clauses 3.2 and 3.3 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 Waterloo or a local board thereof;
(d) Affordable Housing as defined herein.
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Approvals for Development
3.5
(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 bylaw 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
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
3.6
Notwithstanding the provisions of this By-law, development charges shall
not be imposed with respect to:
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a) an enlargement to an existing dwelling unit;
b) 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;
c) 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;
d) 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;
e) 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;
f) 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;
g) 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
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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
h) 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.
3.7
Notwithstanding subsection 3.6, development charges shall be imposed in
accordance with section 3.14 if the total floor area of the additional one or
two dwelling units in the single detached dwelling exceeds the total floor
area of the dwelling unit already in the building.
3.8
Notwithstanding section 3.6, 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 rowhouse 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.
3.9
Exemption for Industrial Development
3.9.1 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, of the original gross floor area.
3.9.2 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:
1) determine the amount by which the enlargement exceeds 50
percent of the gross floor area before the enlargement;
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2) divide the amount determined under subsection 1) by the
amount of the enlargement
3.10 For the purpose of section 3.9 herein, "Existing Industrial Building" is used
as defined in the Regulation made pursuant to the Act.
3.11 Other Exemptions
Notwithstanding the provision of this by-law, development charges shall
not be imposed with respect to:
(a) a Temporary Use in accordance with section 39 of the Planning
Act;
(b) If a development includes the enlargement of the gross floor area of
an existing commercial or institutional building, and if the gross floor
area is enlarged by 50% or less, the amount of the development
charge in respect of the enlargement is zero. If the gross floor area
is enlarged by more than 50%, the development charge is payable
only on that portion of the enlargement exceeding the 50% of floor
area enlargement calculation.
(c) The development of non-residential farm buildings constructed for
Bona-Fide Farm Uses except for any building constructed to
accommodate an On-Farm Diversified Use which shall be imposed
the non-residential rate.
3.12 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.
3.13 The following shall be exempt from payment of the Development Charges:
(a) Affordable residential units;
(b) Attainable residential units; and
(c) Affordable inclusionary residential units.
Amount of Charges
Residential
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3.14 The 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 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.
Non-Residential
3.15 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, including 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.
Area-Specific (Breslau Sanitary Servicing)
3.16 There shall be an additional Development Charge component imposed
within the Breslau Sanitary Servicing area for sanitary servicing which
shall be equal to the sanitary service component of the current City of
Kitchener Development Charge. Such component shall be adjusted
annually, without amendment to this by-law, commencing on the first
anniversary date of this by-law to equal the sanitary service component of
the Current City of Kitchener Development Charge. This Breslau Sanitary
Servicing area is set out in Schedule "C" of this By-law.
Reduction of Development Charges for Redevelopment
3.17 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:
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(d) 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 3.14 by the
number, according to type, of dwelling units that have been or will
be demolished or converted to another principal use; and
(e) 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
3.15, 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 and Determination of Development Charges
3.18 Except as otherwise provided in this By-law, Development Charges shall
be determined and payable in full in cash or certified cheque in Canadian
funds or by credits granted by the Act, on the date that the first building
permit is issued.
3.19 Except as otherwise provided in this By-law, a building permit shall not be
issued until the development charge has been paid in full.
3.20 Notwithstanding subsections 3.18 and 3.19, 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 at
the prescribed rate, as per the Act, payable on the anniversary date each
year thereafter.
3.21 Notwithstanding subsections 3.18 through 3.20, where the development of
land results from the approval of a Site Plan or Zoning By-law Amendment
received 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 Section 2 shall be calculated based on the
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rates set out in Schedule "B" on the date of the planning application,
including interest. Where both planning applications apply, Development
Charges shall be calculated on the rates, including interest at the
prescribed rate, set out in Schedule "B" on the date of the later planning
application, 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, including interest at the prescribed rate.
3.22 Notwithstanding subsections 3.18 through 3.20, where the development of
land results from the approval of a Site Plan or Zoning By-law Amendment
received as of June 6, 2024, and the approval of the application occurred
within 18 months of building permit issuance, the Development Charges
under Section 2 shall be calculated based on the rates set out in Schedule
"B" on the date of the planning application, including interest at the
prescribed rate. Where both planning applications apply, Development
Charges shall be calculated on the rates, including interest, set out in
Schedule "B" on the date of the later planning application, 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,
including interest at the prescribed rate.
3.23 Interest for the purposes of rules 3.20, 3.21 and 3.22 shall be determined
as prescribed in the Development Charges Act, as amended from time to
time.
3.24 Despite sections 3.18 through 3.22, Council from time to time, and at any
time, may enter into agreements providing for all or any part of a
development charge to be paid before or after it would otherwise be
payable, in accordance with section 27 of the Act.
4. PAYMENT BY SERVICES
4.1
Despite the payment required under subsections 3.14 and 3.15, 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.
5. INDEXING
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5.1
Development charges imposed pursuant to this By-law shall be adjusted
annually, without amendment to this By-law, on February 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" - Components of Services and Class of Services
Designated in sections 2.1and 2.2.
Schedule "B" - Residential and Non-Residential Development
Charges.
Schedule "C" - Breslau Sanitary Servicing Area
7. CONFLICTS
7.1
Where the Township 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 Bylaw 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.
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9. DATE BY-LAW IN FORCE
9.1
This By-law shall come into effect at 12:01 AM on July 2, 2024.
10. DATE BY-LAW EXPIRES
10.1 This By-law will expire at 12:01 AM on July 2, 2034 unless it is
repealed by Council at an earlier date.
11. EXISITNG BY-LAW REPEALED
11.1 By-law Number 45-2019 is hereby repealed as of the date and time of
this By-law coming into effect.
PASSED THIS 2nd DAY OF July, 2024
Signature on file
Mayor
Signature on file
Clerk
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SCHEDULE "A" TO BY-LAW
DESIGNATED MUNICIPAL SERVICES AND CLASS OF SERVICES UNDER THIS BY-
LAW
Township-Wide Services
1. Services Related to a Highway;
2. Fire Protection Services;
3. Parks and Recreation Services;
4. Library Services;
5. Provincial Offences Act, including By-law Enforcement;
6. Emergency Preparedness.
Township-Wide Class of Services
1. Growth-Related Studies.
Urban-Wide Services
1. Water Services;
2. Wastewater Services;
3. Stormwater Services.
Area Specific Services
4. Wastewater Services in the Breslau Sanitary Servicing Area (as set by the City of
Kitchener)
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SCHEDULE "B" TO BY-LAW
SCHEDULE OF DEVELOPMENT CHARGES
NON-RESIDENTIAL
Single and Semi-
Detached Dwelling
Multiple
Dwellings
Apartments - 2
Bedrooms +
Apartments -
Bachelor and 1
Bedroom
Special
Care/Special
Dwelling Units
(per sq.ft. of Gross
Floor Area)
Township-Wide Services:
Services Related to a Highway
11,615
8,769
7,426
4,811
3,740
4.35
Fire Protection Services
1,617
1,221
1,034
670
521
0.61
Parks and Recreation Services
4,280
3,231
2,736
1,773
1,378
0.20
Library Services
357
270
228
148
115
0.02
Provincial Offences Act including By-Law Enforcement
13
10
8
5
4
-
Emergency Preparedness
19
14
12
8
6
0.01
Township-Wide Class of Services:
Growth-Related Studies
858
648
549
355
276
0.30
Total Township-Wide Services/Class of Services
$18,759
$14,163
$11,993
$7,770
$6,040
$5.49
Urban Services
Wastewater Services
5,546
4,187
3,546
2,297
1,786
2.14
Water Services
3,249
2,453
2,077
1,346
1,046
1.25
Stormwater Services
210
159
134
87
68
0.08
Total Urban Services
$9,005
$6,799
$5,757
$3,730
$2,900
$3.47
Breslau Sanitary Servicing Area
Wastewater Services
4,317
2,182
1,746
1,636
1,636
2.52
GRAND TOTAL RURAL AREA
$18,759
$14,163
$11,993
$7,770
$6,040
$5.49
GRAND TOTAL URBAN AREA
$27,764
$20,962
$17,750
$11,500
$8,940
$8.96
GRAND TOTAL BRESLAU SANITARY SERVICING AREA
$32,081
$23,144
$19,496
$13,136
$10,576
$11.48
RESIDENTIAL
Services/Class of Services
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SCHEDULE "C" TO BY-LAW
BRESLAU SANITARY SERVICING AREA