HomeMy WebLinkAbout2015-035 If this by-law is required in an alternate accessible format, please contact the Municipal
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2015-035
to impose development charges against land in the Municipality of
Clarington pursuant to the Development Charges Act, 1997
WHEREAS subsection 2(1) of the Development Charges Act, 1997, S.O. 1997, c.27
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 arising from the development of the area to which the by-law applies.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON ENACTS AS FOLLOWS:
Part 1 — Interpretation
Definitions
1. In this by-law,
"accessory", where used to describe a building or structure, means that the building
or structure or part thereof that is naturally and normally incidental, subordinate in
purpose or floor area or both, and exclusively devoted to a principal use, building
or structure;
"Act" means the Development Charges Act, 1997, S.O. 1997, c.27;
"air-supported structure" has the same meaning as in the Building Code Act, 1992;
"apartment building" means (a) a residential building (other than a fourplex or
sixplex) containing 4 or more dwelling units that have a common entrance to grade,
common corridors, stairs and/or yards; and (b) the residential portion of a mixed-
use building containing 4 or more dwelling units that are located above a non-
residential use and may have a separate entrance to grade;
"building" means a building or structure that occupies an area greater than 10
square metres consisting of a wall, roof and floor or a structural system serving the
function thereof, and includes an air-supported structure;
"Building Code Act, 1992" means the Building Code Act, 1992, S.O. 1992, c.23
and all Regulations thereunder including the Ontario Building Code, 2012;
Development Charges By-law No 2015-035 P a a e 12
"Council" means Council of the Municipality;
"development" means any activity or proposed activity in respect of land that
requires one or more of the actions or decisions referred to in section 12 and
includes redevelopment;
"development charge" means a development charge imposed by this by-law;
"duplex" means a residential building containing 2 dwelling units divided
horizontally from each other;
"dwelling unit" means one or more habitable rooms designed or intended to be
used together as a single and separate housekeeping unit by one or more persons,
containing its own full kitchen and sanitary facilities, with a private entrance from
outside the unit itself;
"fourplex" means a pair of duplexes divided vertically from the other by a common
wall;
"floor" includes a paved, concrete, wooden, gravel or dirt floor;
"grade" means the average level of the proposed finished surface of the ground
immediately abutting each building or mixed-use building at all exterior walls;
"gross floor area" means the total area of all floors, whether above or below grade,
measured between the outside surfaces of exterior walls, or between the outside
surfaces of exterior walls and the centre line of a party wall or a demising wall as
the case may be, including mezzanines, air-supported structures, interior corridors,
lobbies, basements, cellars, half-stories, common areas, and the space occupied
by interior walls or partitions, but excluding any areas used for,
(a) elevators, parking of motor vehicles, retail gas pump canopies and
stairwells; and
(b) enclosed garbage storage, grocery cart storage, and mechanical
equipment related to the operation or the maintenance of the building
irrespective of whether such areas are in the main building or in an
accessory building;
"heritage building" means a building designated under section 29 of the Ontario
Heritage Act, R.S.O. 1990, c. 0.18 and, for purpose of subsection 36(7), includes
any building identified as "primary resource" in the registry maintained by the
Municipality pursuant to section 28 of such Act;
"industrial", in reference to use, means any land, building or structure or portions
thereof used, designed or intended for or in connection with manufacturing,
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producing, processing, fabricating, assembling, refining, medical marijuana
facilities, research and development, storage of materials and products, truck
terminals, warehousing, but does not include,
(a) retail service sales or rental areas, storage or warehousing areas
used, designed or intended to be used in connection with retail sales,
service or rental areas, warehouse clubs or similar uses, self-storage
mini warehouses, and secure document storage; and
(b) office areas that are not accessory to any of the foregoing areas or
uses or accessory office uses that are greater than 25% of the gross
floor area of the building;
"linked building" means a residential building that is divided vertically so as to
contain only two separate dwelling units, connected underground by footing and
foundation, each of which has an independent entrance directly from the outside
of the building and is located on a separate lot;
"lot" means a parcel of land within a registered plan of subdivision or any land that
may be legally conveyed under the exemptions provided in clause 50(3)(b) or
50(5)(a) of the Planning Act;
"medical marijuana facility" means a building used, designed or intended for
growing, producing, testing, destroying, storing or distribution of medical marijuana
or cannabis authorized by a license issued by the federal Minister of Health
pursuant to section 25 of the Marihuana for Medical Purposes Regulations,
SOR/2013-119, under the Controlled Drugs and Substances Act, S.C. 1996, c.19;
"mezzanine" has the same meaning as in the Building Code Act, 1992;
"mixed-use building" means a building used, designed or intended to be used
either for a combination of non-residential and residential areas and uses, or for a
combination of different classes or types of non-residential areas and uses;
"mobile home" means a dwelling unit that is designed to be made mobile, and
constructed or manufactured to provide a permanent or temporary residence for
one or more persons, but does not include a travel trailer or tent trailer;
"multiple unit building" means a residential building or the portion of a mixed-use
building that contains multiple dwelling units (other than dwelling units contained
in an apartment building, linked building, semi-detached building or single
detached dwelling) and includes plexes, townhouses and stacked townhouses;
"Municipality" means The Corporation of the Municipality of Clarington or the
geographic area of the Municipality of Clarington, as the context requires;
Development Charaes By-law No 2015-035 Pacie 14
"non-residential', in reference to use, means a building or portions of a mixed-use
building containing floors or portions of floors which are used, designed or intended
to be used for a purpose which is not residential, and includes a hotel, motel and
a retirement residence;
"owner" means the owner of land or a person who has made application for an
approval for the development of land against which a development charge is
imposed;
"party wall" means a wall jointly owned and jointly used by 2 parties under an
easement agreement or by right in law and erected on a line separating 2 parcels
of land each of which is, or is capable of being, a separate lot;
"Planning Act" means the Planning Act, R.S.O. 1990, c. P.13;
"plex" means a duplex, triplex, fourplex or sixplex;
"residential", in reference to use, means a building or a portion of a mixed-use
building and floors or portions of floors contained therein that are used, designed
or intended to be used as living accommodation for one or more individuals
provided in dwelling units and any building accessory to such dwelling units;
"retirement residence" means a residential building or the residential portion of a
mixed-use building that provides living accommodation, where common facilities
for the preparation and consumption of food are provided for the residents of the
building, and where each unit or living accommodation has separate sanitary
facilities, less than full kitchen facilities and a separate entrance from a common
corridor;
"semi-detached building" means a residential building that is divided vertically so
as to contain only two separate dwelling units, each of which has an independent
entrance directly from outside of the building;
"service" means a service designated by section 10;
"single-detached dwelling" means a residential building containing only one
dwelling unit which is not attached to any other building or structure except its own
garage or shed and has no dwelling units either above it or below it, and includes
a mobile home;
it sixplex" means a pair of triplexes divided vertically one from the other by a
common wall;
"stacked townhouse" means a building, other than a plex, townhouse or apartment
building, that contains at least 3 attached dwelling units that (a) are joined by
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Development Charges By-law No. 2015-035 Page ( 5
common side walls with dwelling units entirely or partially above another; and (b)
have a separate entrance to grade;
"townhouse" means a building, other than a plex, stacked townhouse or apartment
building, that contains at least 3 attached dwelling units, each of which (a) is
separated from the others vertically; and (b) has a separate entrance to grade;
"triplex" means a residential building containing 3 dwelling units; and
"Zoning By-laws" means the Municipality's By-law No. 84-63 and By-law No. 2005-
109.
References
2. In this by-law, reference to any Act, Regulation, Plan or By-Law is reference to the
Act, Regulation, Plan or By-Law as it is amended or re-enacted from time to time.
3. Unless otherwise specified, references in this by-law to Schedules, Parts, sections,
subsections, clauses and paragraphs are to Schedules, Parts, sections,
subsections, clauses and paragraphs in this by-law.
Word Usage
4. This by-law shall be read with all changes in gender or number as the context may
require.
5. In this by-law, a grammatical variation of a defined word or expression has a
corresponding meaning.
Schedules
6. The following Schedules are attached to and form part of this by-law:
Schedule 1 — Residential Development Charges
Schedule 2 — Non-Residential Development Charges
Schedule 3A — Clarington Energy Business Park
Schedule 3B — Clarington Science and Technology Park
Schedule 4A— Revitalization Area — Newcastle Village
Schedule 4B — Revitalization Area — Orono
Schedule 4C — Revitalization Area— Bowmanville
Schedule 4D — Revitalization Area — Courtice
Schedule 4E — Jury Lands
Severability
7. If,for any reason, any section or subsection of this by-law is held invalid, it is hereby
Development Charges By-law No. 2015-035 P a g e 16
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 or amended, in whole or
in part or dealt with in any other way.
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Part 2 — Development Charges
Designated Services
8. It is hereby declared by Council that all development in the Municipality will
increase the need for services.
9. Development charges shall apply without regard to the services which in fact are
required or are used by any individual development.
10. Development charges shall be imposed for the following categories of service to
pay for increased capital costs required because of increased needs for services
arising from development:
(a) General Government;
(b) Library Services;
(c) Emergency and Fire Services;
(d) Indoor Recreation;
(e) Park Development and Related Facilities;
(f) Operations (Buildings, Equipment and Fleet);
(g) Parking; and
(h) Roads and Related.
Rules
11. For the purpose of complying with section 6 of the Act, the following rules have
been developed:
(a) The rules for determining if a development charge is payable in any
particular case and for determining the amount of the charge shall be in
accordance with sections 12 through 19.
(b) The rules for determining the indexing of development charges shall be in
accordance with section 20.
(c) The rules for determining exemptions shall be in accordance with Parts 3
and 4 (sections 21 through 35).
(d) The rules respecting redevelopment of land shall be in accordance with Part
5 (sections 36 through 40).
Development Charges By-law No 2015-035 P age 1 7
(e) This by-law does not provide for any phasing in of development charges.
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(f) This by-law applies to all lands in the Municipality.
Imposition of Development Charges
12. Development charges shall be imposed on all land, buildings or structures that are
developed if the development requires,
(a) the passing of a zoning by-law or of an amendment thereto under section
34 of the Planning Act;
(b) the approval of a minor variance under section 45 of the Planning Act;
(c) a conveyance of land to which a by-law passed under subsection 50(7) of
the Planning Act applies;
(d) the approval of a plan of subdivision under section 51 of the Planning Act;
(e) a consent under section 53 of the Planning Act;
(f) the approval of a description under section 50 of the Condominium Act,
1998, S.O. 1998, c.19; or
(g) the issuing of a permit under the Building Code Act, 1992 in relation to a
building or structure.
13. Not more than one development charge for each service shall be imposed upon
any land, building or structure whether or not two or more of the actions or
decisions referred to in section 12 are required before the land, building or structure
can be developed.
14. Notwithstanding section 13, if two or more of the actions or decisions referred to in
section 12 occur at different times, additional development charges shall be
imposed in respect of any increase in or additional development permitted by the -
subsequent action or decision.
Basis of Calculation
15. Development charges shall be calculated,
(a) in the case of residential buildings and the residential portions of mixed-use
buildings, on the basis of the number and type of dwelling units contained
in them; and
Development Charges By-law No. 2015-035 Page 18
(b) in the case of non-residential buildings and the non-residential portion of
mixed-use buildings, on the basis of the gross floor area contained in the
non-residential building or in the non-residential portion of the mixed-use
building.
Amount
16. (1) The amount of the development charges payable in respect of residential
development shall be determined in accordance with clause 15(a) and Schedule
1.
(2) The amount of the development charges payable in respect of non-
residential development shall be determined in accordance with clause 15(b) and
Schedule 2.
Timing of Calculation and Payment
17. (1) Subject to subsections (2) and (3), development charges shall be calculated
as of, and shall be payable on, the date the first building permit is issued for the
development of the land against which the development charges apply.
(2) If the development of land is such that it does not require that a building
permit be issued before the development is commenced, but the development
requires one or more of the other actions or decisions referred to in section 12 be
taken or made before the development is commenced, development charges shall
be payable in respect of any increase in or additional development permitted by
such action or decision prior to the action or decision required for the increased or
additional development being taken or made.
(3) In accordance with section 27 of the Act, where temporary buildings (section
28) or apartment buildings having a minimum of 3 stories are being developed, the
Municipality may enter into an agreement with a person who is required to pay a
development charge providing for all or any part of a development charge to be
paid after it would otherwise be payable.
Method of Payment
18. Payment of development charges shall be by cash or cheque.
Unpaid Charges
19. Where a development charge or any part of it remains unpaid at any time after it
is payable, the amount shall be added to the tax roll and collected in the same
manner as taxes.
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Development Charges By-law No 2015-035 Page 19
Indexing
20. The development charges set out in Schedules 1 and 2 shall be adjusted without
amendment to this by-law annually on January 15th in each year, commencing on
January 15, 2016, in accordance with the Statistics Canada Quarterly,
Construction Price Statistics (catalogue number 62-007) based on the 12 month
period most recently available.
Part 3 - Exemptions
Specific Users
21. Development charges shall not be imposed with respect to land, buildings or
structures that are owned by,
(a) a hospital as defined in section 1 of the Public Hospitals Act, R.S.O. 1990,
c. PAO and used, designed or intended for the purposes set out in such Act;
(b) the Municipality, the Corporation of the Regional Municipality of Durham, or
their local boards as defined in section 1 of the Act and used, designed or
intended for municipal purposes;
(c) a board of education as defined in subsection 1(1) of the Education Act,
1997, S.O. 1997, c.27 and used, designed or intended for school purposes
including the administration or the servicing of schools; and
(d) a college or a university as defined in section 171.1 of the Education Act,
R.S.O. 1990, c. E.2 and used, designed or intended for purposes set out in
such Act.
Specific Properties
22. Buildings that are or will be located either in the Clarington Science Park or the
Clarington Energy Park (as shown in Schedule 3) are exempt from development
charges if the owner can provide evidence satisfactory to the Director of Finance
that the building will be used for research purposes including laboratories, offices,
amenity areas and service areas for staff who conduct research.
Existing Residential
23. Development charges shall not be imposed with respect to residential
development if the only effect of such development is,
(a) an interior alteration to an existing residential building which does not
change or intensify the use of the building;
Development Charges By-law No 2015-035 Page 10
(b) the enlargement of an existing dwelling unit;
(c) the creation of one or two additional dwelling units in an existing single
detached dwelling where the total gross floor area of the additional unit(s)
does not exceed the original gross floor area of the existing dwelling unit; or
(d) the creation of one additional dwelling unit in a semi-detached building or
townhouse dwelling where the total gross floor area of the additional unit
does not exceed the original gross floor area of the existing dwelling unit.
Agricultural Development
24. (1) In this section,
"agricultural", in reference to use, means land, buildings or structures used,
designed or intended to be used solely for an "agricultural operation" as
defined in section 1 of the Farm and Food Production Protection Act, 1998,
S.O. 1998, c.1 but does not include medical marijuana facilities;
"agri-tourism" has the same meaning as in Zoning By-law 2005-109; and
"farm bunkhouse" means a dwelling unit that is constructed on land zoned
agricultural ("A") in a Zoning By-law and is used, designed or intended to be
used exclusively to provide seasonal, interim or occasional living
accommodation to farm labourers.
(2) Land, buildings or structures used, designed or intended for agricultural
purposes or for agri-tourism are exempt from development charges.
(3) Farm bunkhouses are exempt from development charges provided there is
an existing dwelling unit on the same lot.
Places of Worship
25. (1) In this section
"place of worship" means a building or structure or part
thereof that is used primarily for worship and is exempt from taxation as a place of
worship under the Assessment Act, R.S.O. 1990, c. A.31.
(2) Places of worship are exempt from non-residential development charges.
Garden Suites
26. (1) In this section, "garden suite" means a one unit detached residential
structure containing bathroom and full kitchen facilities that is (a) ancillary to an
Development Charges By-law No 2015-035 Page 111
existing residential structure; (b) designed to be portable; and (c) for purposes of
section 16, considered to be a dwelling unit in an apartment building.
(2) The development charges paid in regard to a garden suite shall be refunded
in full to the then current owner of the garden suite, upon request, if the garden
suite is demolished or removed within the period of time that Council has
authorized its temporary use.
Medical Offices
27. (1) Buildings or portions thereof that are used, designed or intended to be used
exclusively as professional offices by medical practitioners licensed by the College
of Physicians and Surgeons of Ontario and ancillary facilities related to the delivery
of services by medical practitioners are exempt from development charges.
(2) Subsection (1) shall only apply to development in respect of which an
application referred to in section 12 has been received by the Municipality prior to
July 1, 2015.
Temporary Buildings
28. (1) In this section,
"temporary building" means a building or structure constructed, erected or
placed on land for a continuous period not exceeding twelve months and
includes an addition or alteration to a building or structure that has the effect
of increasing the gross floor area thereof for a continuous period not
exceeding 12 months; and
"sales office" means a building or structure constructed, erected or placed
on land to be used exclusively by a realtor, builder, developer or contractor
on a temporary basis for the sale, display and marketing of residential lots
and dwellings within a draft approved subdivision or condominium plan.
(2) Temporary buildings and sales offices are exempt from development
charges.
(3) If a temporary building remains for a continuous period exceeding 12
months, it shall be deemed not to be, or ever to have been, a temporary building,
and the development charges thereby become payable.
Existing Industrial Development
29. (1) In this section, "existing industrial building" has the same meaning as in
subsection 1(1) of O. Reg. 82/98. For ease of reference, the current definition in
Development Charqes By-law No 2015-035 Pa g e l 12
the Regulation reads as follows:
"existing industrial building" means a building used for or in connection with,
(a) manufacturing, producing, processing, storing or distributing
something,
(b) research or development in connection with manufacturing,
producing or processing something,
(c) retail sales by a manufacturer, producer or processor of something
they manufactured, produced or processed, if the retail sales are at
the site where the manufacturing, production or processing takes
place,
(d) office or administrative purposes, if they are,
(i) carried out with respect to manufacturing, producing,
processing, storage or distributing of something, and
(ii) in or attached to the building or structure used for that
manufacturing, producing, processing, storage or distribution;
(2) If a development includes the enlargement of the gross floor area of an
existing industrial building, the amount of the development charge that is payable
in respect of the enlargement is determined in accordance with this section.
(3) If the gross floor area is enlarged by 100 per cent or less, the amount of the
development charge in respect of the enlargement is zero.
(4) If the gross floor area is enlarged by more than 100 per cent, the amount of
the development charge in respect of the enlargement is the amount of the
development charge that would otherwise be payable multiplied by the fraction
determined as follows:
1. Determine the amount by which the enlargement exceeds 100 per cent
of the gross floor area before the enlargement.
2. Divide the amount determined under paragraph 1 by the amount of the
enlargement. j
(5) The exemption provided in this section shall apply equally to a separate
(non-contiguous) industrial building constructed on the same lot as an existing
industrial building.
(6) The exemption provided in subsections (1) though (5) above shall not apply j
Development Charges By-law No 2015-035 Page 113
to existing industrial buildings located on land that is in the "large industrial property
class" as defined in subsection 14(1) of O. Reg. 282/98 passed under the
Assessment Act, R.S.O. 1990, c. A.31, however the exemption provided in section
4 of the Act shall apply to such buildings.
New Industrial Development
30. The amount of the development charge payable in respect of a new industrial
building constructed on a vacant lot is 50% of the amount that would otherwise be
payable.
Transit Hub Mid-Rise Development
31. (1) This section only applies to lands within the Bowmanville West Town Centre
Secondary Plan.
(2) In order to incent development at a higher density in a transit hub, the
amount of the development charge payable in respect of masonry-clad apartment
buildings and masonry-clad mixed-use buildings that are 6 or more stories is 50%
of the amount that would otherwise be payable, provided that in the case of an
apartment building the density exceeds 100 units per hectare.
Part 4 - Revitalization Areas
Incentives
32. Council has identified specific areas in Newcastle Village (Schedule 4A), Orono
(Schedule 413), Bowmanville (Schedule 4C) and Courtice (Schedule 4D) as
Revitalization Areas. In order to incent development, sections 33, 34 and 35 and
subsection 36(7) apply to these Revitalization Areas only.
Small Business Expansion
33. (1) In this section, "existing commercial building" means an existing non-
residential building that,
(a) is not used, designed or intended for any industrial use;
(b) has a gross floor area of less than 250 square metres; and
(c) is located on land that is zoned commercial ("C") in a Zoning By-law.
(2) If a development includes the enlargement of the gross floor area of an
existing commercial building, the amount of the development charge that is
payable in respect of the enlargement is determined in accordance with this
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Development Charges By-law No 2015-035 P age 114
section.
(3) If the gross floor area is enlarged by 50 per cent or less, the amount of the
development charge in respect of the enlargement is zero.
(4) If the gross floor area is enlarged by more than 50 per cent, the amount of
the development charge in respect of the enlargement is the amount of the
development charge that would otherwise be payable multiplied by the fraction
determined as follows:
1. Determine the amount by which the enlargement exceeds 50 per cent of
the gross floor area before the enlargement.
2. Divide the amount determined under paragraph 1 by the amount of the
enlargement.
Mixed-Use Buildings
34. (1) In this section, "multi-story mixed-use building" means a mixed-use building
that has 2 or more stories and a ground floor gross floor area that is 50% or less
of the total gross floor area.
(2) The amount of the development charge payable in respect of a masonry-
clad multi-story mixed-use building is 50% of the amount that would otherwise be
payable.
Mid-Rise Residential Development
35. If a masonry-clad apartment building or a masonry-clad retirement residence is 4
or more stories, the amount of the development charge payable is 50% of the
amount that would otherwise be payable.
Part 5 - Redevelopment
Demolition and Conversion Credits
36. (1) In this section, "conversion" means the change in use of all or a portion of
a building as permitted under the provisions of a Zoning By-law.
(2) Where an existing building or structure is to be converted to another use, in
whole or in part, or converted from one principal use to another principal use on
the same land, the amount of the development charge payable shall be determined
in accordance with this section.
(3) Where a building or structure is destroyed in whole or in part by fire,
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Development Charges By-law No 2015-035 P a o e l 15
explosion or Act of God or is demolished and reconstructed, the amount of the
development charge payable shall be determined in accordance with this section.
(4) The development charges otherwise payable in respect of redevelopment
described in subsections (2) and (3) shall be reduced by the following amounts:
(a) in the case of a residential building or the residential portion of a
mixed-use building or structure, an amount calculated by multiplying
the applicable development charges under Schedule 1 by the
number, according to type of dwelling units that have been
demolished or converted to another principal use or demolished and
reconstructed as the case may be; and
(b) in the case of a non-residential building or the non-residential portion
of a mixed-use building or structure, an amount calculated by
multiplying the applicable development charges under Schedule 2 by
the non-residential gross floor area that has been demolished or
converted to another principal use or demolished and reconstructed
as the case may be.
(5) A credit in respect of an event referred to in subsection (3) shall not be given
unless a building permit has been issued within five years of the date on
which a demolition permit was issued or the date on which the building or
structure was destroyed in whole or in part by fire, explosion or Act of God,
as the case may be.
(6) The amount of any credit under subsection (4) shall not exceed the total
development charges otherwise payable.
(7) Notwithstanding subsection (4), the conversion of a heritage building
located in any Revitalization Area described in section 32 or on the Jury
Lands (Schedule 4E) is exempt from development charges.
(8) Notwithstanding subsection (4), no credit shall be provided if,
(a) the demolished building or structure or part thereof would have been
exempt under this by-law;
(b) the building or structure or part thereof would have been exempt
under this by-law prior to the conversion, redevelopment or
reconstruction as the case may be; or
(c) the development is exempt in whole or in part or eligible for any other
relief under this by-law.
Brownfield Credit
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37. (1) In this section, "brownfield land" means vacant or underutilized property in
respect of which a Record of Site Condition or successor documentation under the
regulations has been issued by the Ontario Ministry of Environment and Climate
Change.
(2) The amount of development charges otherwise payable for the
redevelopment of brownfield land shall be reduced by an amount equal to the
actual costs of assessment and cleanup of the property, approved by the
Municipality, provided a Record of Site Condition is provided for the intended use.
(3) The amount of any credit under subsection (2) shall not exceed the total
development charge otherwise payable.
(4) Subsection (2) shall not apply to any redevelopment for a gas service
station or uses developed in conjunction with a gas service station.
Expropriated Land Credit
38. Where, as a result of the expropriation or acquisition of land by any government
authority, a building or structure must be relocated or reconstructed, no
development charge shall be payable provided the building or structure is relocated
or reconstructed within the boundary of the original lot.
Relocation of Heritage Buildings
39. (1) Where a heritage building is relocated to a different lot, an amount equal to
the development charge shall be refunded to the owner upon the building being
redesignated as a heritage building on the new lot.
(2) Notwithstanding subsection 36(3), no credit shall be provided in relation to
the property on which the heritage building was originally located.
Occupancy During Construction
40. A full development charge refund shall be given if an existing dwelling unit on the
same lot is demolished within 6 months or such longer period as may be permitted
by Council following the date of issuance of the building permit for a new dwelling
unit that is intended to replace the existing dwelling unit.
Part 6 - General
Cancelled Permits
41. A full development charge refund shall be given if a building permit is cancelled
prior to the commencement of construction.
Development Charges By-law No 2015-035 P a e 17
Onus
42. The onus is on the owner to produce evidence to the satisfaction of the Municipality
which establishes that the owner is entitled to any exemption, credit or refund
claimed under this by-law.
Interest
43, The Municipality shall pay interest on a refund under sections 18 and 25 of the Act
at a rate equal to the Bank of Canada rate on the date this By-law comes into force
updated on the first business day of every January, April, July and October until
the date of the repeal or the expiry of this by-law.
44. Except as required under section 43, there shall be no interest paid on any refunds
given under this by-law.
Front-Ending Agreements
45. The Municipality may enter into front-ending agreements under section 44 of the
Act.
Effective Date
46. This by-law comes into force and is effective on July 1, 2015.
Expiry
47. This by-law expires five years after the day on which it comes into force.
Repeal
48. By-law No. 2010-058 as amended is repealed effective July 1, 2015.
f
I
PASSED this 11th day of May, 2015.
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Adri n Fo er, Mayor
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VMunicipal nn r n Clerk
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I
Development Charges By-law No. 2015-035 Page 118
SCHEDULE 1
RESIDENTIAL DEVELOPMENT CHARGES
(PER DWELLING UNIT)
Effective July 1, 2015
Single Detached Dwelling,
Semi-Detached Building
and Linked Building $15,702
Multiple Unit Building $12,139
Apartment Building $7,512
NOTE: Charges are subject to indexing in accordance with section 20
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Development Charges By-law No 2015-035 Page 19
SCHEDULE 2
NON-RESIDENTIAL DEVELOPMENT CHARGES
PER SQUARE METRE OF GROSS FLOOR AREA
Effective July 1, 2015
Non-Residential $64.93
(excluding Industrial)
Industrial $35.24
NOTE: Charges are subject to indexing in accordance with section 20
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Development Charges By-law No. 2015-035 P a g e ( 20
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