THE REGIONAL MUNICIPALITY OF PEEL

BY-LAW NUMBER 98-91

A by-law to establish development charges.

WHEREAS subsection 3(1) of the Development Charges Act, 1989, S.O. 1989, c. 58, provides that the council of a municipality may pass by-laws for the imposition of development charges against land in certain circumstances if the development of the land would increase the need for services;

AND WHEREAS on September 26, 1991 the Council of the Regional Municipality of Peel received two reports of the Regional Treasurer and Commissioner of Finance, one dated September 11, 1991, titled "Development Charges Study and Rate Proposal" and the other dated September 25, 1991, titled "Development Charges - Policy and Rate Proposal";

AND WHEREAS the Council of the Regional Municipality of Peel, following consideration and amendment of such reports, authorized Regional staff to consolidate all development charge policy recommendations in a report for public distribution;

AND WHEREAS following the publication of public notice as required under the Development Charges Act, 1989 and distribution of the consolidated development charge policy recommendations, the Council of the Regional Municipality of Peel held a public meeting on October 24, 1991 at which sufficient information including the report of the Regional Treasurer and Commissioner of Finance and the Development Charges Proposal, both dated October 17, 1991, was made available to enable the public to understand generally the development charges proposal and at which any person was afforded the opportunity to make representations in respect of the proposed development charges;

AND WHEREAS the Council of the Regional Corporation has by resolution adopted on November 5, 1991, authorized a by-law to establish development charges.

NOW THEREFORE the Council of the Regional Corporation enacts as follows:

1. Definitions In this by-law,

(a) "Act" means the Development Charges Act, 1989, S.O. 1989, c. 58;

(b) "agricultural use" means a use of land, a building or a structure for the purpose of animal husbandry, dairying, fallow, field crops, removal of sod, forestry, fruit farming, horticulture, market gardening, pasturage, poultry keeping and any other use customarily carried on in the field of agriculture;

(c) "apartment" means a dwelling unit in a duplex, triplex or double duplex and a dwelling unit in a building where such dwelling unit is served by a principal entrance common to three or more other dwelling units. A dwelling unit within a mixed use building not exceeding three storeys in height shall be deemed to be an apartment;

(d) "Building Code Act" means the Building Code Act, R.S.O. 1980, c. 51;

(e) "development" includes the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of increasing the size or usability thereof, or any combination of such actions and includes redevelopment;

(f) "development charge" means a development charge imposed by this by-law;

(g) "double duplex" means a separate building that consists of two duplexes attached to each other;

(h) "duplex" means a separate building that is divided horizontally into two separate dwelling units, each of which has a separate entrance either directly or through a common vestibule;

(i) "dwelling unit" means one or more habitable rooms which are occupied or designed or intended to be occupied as living quarters for a single household containing as a minimum, sanitary and culinary facilities and a separate entrance from either outdoors or a common hallway or area;

(j) "established grade" means the average level of finished ground adjoining a building at all exterior walls;

(k) "floor space index" means the ratio of:

(i) the gross floor area of a building or structure located upon a parcel of land, to

(ii) the area of the parcel of land upon which such building or structure is located;

(l) "gross floor area" means the aggregate of the areas of each storey of a building or structure at, above or below established grade, measured from the exteriors of outside walls, but shall exclude any parts of the building or structure used for mechanical equipment related to the operation or maintenance of the building, stairwells, washrooms, elevators, parking of vehicles or any parts of the building below established grade other than that used for retail, commercial, office, industrial, institutional or warehousing purposes;

(m) "hard services" means all those services to which a portion of the development charges imposed under this by-law are attributable and which are described in Schedule B2 as Regional Roads, South Peel-Sewer, South Peel-Water, Regional-Sewer or Regional-Water;

(n) "mixed use" means a use or intended use of the same land, building or structure for both residential use and non- residential use;

(o) "non-residential use" means any use or intended use of land, a building or a structure which is not an agricultural use, a residential use or a use accessory to a residential use and shall include the non-residential component of a mixed use, and, without limiting the foregoing, includes industrial uses, commercial uses, institutional uses and recreational uses;

(p) "parcel" includes a lot or block within a registered plan of subdivision or any land that may be conveyed, mortgaged or charged by the owner thereof without contravening section 49 of the Planning Act;

(q) "Planning Act" means the Planning Act, 1983, S.O. 1983, c. 1;

(r) "Region" means The Regional Municipality of Peel;

(s) "Regional Area" has the same meaning as defined in the Regional Municipality of Peel Act, R.S.O. 1980, c. 440;

(t) "Regulation" means O. Reg. 725/89 made under the Act;

(u) "residential use" means a use or intended use of land, a building or a structure as a home or residence of one or more individuals and shall include an apartment, any other dwelling unit type and the residential component of a mixed use or of an agricultural use;

(v) "services" means the services designated in subsection 6(4) of this By-law.

(w) "subdivision agreement" means an agreement under section 50 or 52 of the Planning Act or a predecessor thereof with respect to land within the area to which this by-law applies;

(x) "triplex" means a building or structure that is divided horizontally into three separate dwelling units, each of which has a separate entrance through a common vestibule;

(y) "use accessory to a residential use" means a use which is subordinate to, wholly devoted to and only for the benefit of persons engaged in a residential use.

2. Interpretation

(1) All words defined in the Act or the Regulation have the same meaning in this by-law as they have in the Act or the Regulation unless they are defined differently in this by-law.

(2) All references to the provisions of any statute or regulation contained in this by-law shall also refer to the same or similar provisions in the statute or regulation as amended, replaced, revised or consolidated from time to time.

3. Lands Affected

Subject to subsection 3(6) of the Act (exemptions), this by-law applies to all land within the Regional Area.

4. Charge Imposed

Subject to subsection 3(2) of the Act (exceptions for residential intensification) and subject to the reductions contained in this by-law:

(1) The development charges described in Schedule A1 are hereby imposed upon all land within the Regional Area which is being or is to be developed for residential use or mixed use and shall be calculated upon the number and type of dwelling units to be constructed pursuant to a permit under the Building Code Act, and shall be payable by an owner;

(2) The development charge described in Schedule A2 is hereby imposed upon all land within the Regional Area which is being or is to be developed for non-residential use or mixed use and shall be calculated upon the gross floor area to be constructed pursuant to a permit under the Building Code Act, and devoted to non-residential use and shall be payable by an owner;

(3) Despite subsection 3(2) of the Act (exceptions for residential intensification) the development charges described in Schedule A1 shall be imposed in the circumstances described in subsections 6(3) and 6(4) of the Regulation (major residential intensification);

(4) A development charge, in an amount being that portion of the development charge described in Schedule A2 which is attributed in Schedule B2 to hard services, is hereby imposed upon all land within the Regional Area which is being or is to be developed by plan of subdivision for non- residential use or mixed use and shall be calculated upon an estimated gross floor area equivalent to that which would result from the construction of buildings or structures devoted to non-residential use having a floor space index of 0.25 upon every lot and block within the plan of subdivision, and shall be payable by an owner;

(5) For the purposes of subsection (4) the lots and blocks upon which the development charge is to be imposed shall be exclusive of:

(a) any lot or block dedicated on the plan of subdivision for public highway purposes, including road widenings;

(b) any lot or block identified upon the plan of subdivision as a 0.3m reserve and conveyed or to be conveyed to a municipality in fee simple pursuant to a subdivision agreement;

(c) any lot or block conveyed or to be conveyed in fee simple to the Region, a local board of the Region, any of the Region's area municipalities or any local board of any of them, the Provincial Government, Ontario Hydro or a conservation authority, pursuant to a subdivision agreement; and

(d) any lot or block conveyed or to be conveyed in fee simple to a board as defined in subsection 29(1) of the Act under an agreement of purchase and sale or an option to purchase between an owner of the lot or block and the board.

(6) The development charge imposed under subsections (1) and (2) shall continue to be imposed upon land upon which the development charge under subsection (4) has been imposed, subject to the adjustments set out in section 7;

5. Timing of Payment

(1) Subject to any agreements entered into pursuant to the provisions of the Act or this by-law, the development charges imposed under subsections 4(1) and 4(2) shall be payable on the date that a permit under the Building Code Act is issued in relation to a building or a structure on the land to which the development charge applies.

(2) Where permits under the Building Code Act are to be issued for different stages of construction of a building or structure, the development charge for the entire building or structure shall be payable on the date that the permit is issued for the first stage of construction. If the development charge for the entire building as calculated on the date of issuing the permit for the final stage of construction is less than the amount previously paid, the difference shall be refunded to the person who made the previous payment, and if more than the amount previously paid, the difference shall be paid at that time.

(3) Subject to any agreements entered into pursuant to the provisions of the Act or this by-law, the development charge imposed under subsection 4(4) shall be payable immediately upon entering into the subdivision agreement.

6. Designation of Uses and Services

(1) Residential uses and non-residential uses are designated for the purposes of clause 3(3)(a) of the Act (mandatory by-law provisions) as uses upon which development charges shall be imposed.

(2) For the purpose of determining whether or not the use or intended use of any land, buildings or structures or any portion thereof is residential, non-residential or agricultural, reference shall be had to the uses permitted under the applicable zoning by-law including any finally approved minor variances, on the date that the permit under the Building Code Act is issued.

(3) Despite subsection (2), for the purpose of imposing development charges under subsection 4(4), in determining the use or intended use of any land, buildings or structures, reference shall be had to the uses permitted under the applicable zoning by-law including any finally approved minor variances or to the proposed zoning, whichever one is intended to apply on the date of registration of the plan of subdivision.

(4) The services for which development charges shall be imposed and the proportion of a development charge attributable to each service are as described in Schedule B1 respecting residential uses and in Schedule B2 respecting non- residential uses.

7. Adjustment of Development Charges

(1) Where a development charge is imposed under subsection 4(2) upon land in respect of which a development charge under subsection 4(4) has been paid, there shall be an adjustment of the development charge under subsection 4(2) as set out in this section.

(2) The total amount of the development charge imposed under subsection 4(2) that would otherwise be payable with respect to the land shall be calculated, hereinafter called the "gross amount".

(3) That portion of the gross amount which is attributable to hard services shall be calculated, hereinafter called the "hard services portion".

(4) The area of the land reasonably related to the building or structure in respect of which the gross amount would otherwise be payable shall be determined in accordance with the plans and drawings submitted in support of the application for a permit under the Building Code Act, hereinafter called the "chargeable area".

(5) That portion of the development charge imposed under subsection 4(4) which has previously been paid in respect of the chargeable area, hereinafter called the "paid portion" shall be determined.

(6) If the paid portion is equal to or less than the hard services portion, the paid portion shall be deducted from the gross amount and the balance shall be the amount of the development charge payable under subsection 4(2).

(7) If the paid portion equals or exceeds the hard services portion, the hard services portion shall be deducted from the gross amount and the balance shall be the amount of the development charge payable under subsection 4(2) and any amount by which the paid portion exceeds the hard services portion shall be refunded without interest to the person who paid the paid portion or to any other person upon receipt by the Region of a signed written direction to do so from the person who paid the paid portion.

8. Agreements

The Region may enter into any agreement with an owner which is permitted under the Act including agreements under subsections 9(4) and (8) of the Act providing for the payment of the whole or any portion of a development charge either before or after the date upon which it would otherwise be payable under the Act or this by-law.

9. Redevelopment Allowance

(1) A development charge imposed against land upon which

(a) a building or structure has been demolished under a demolition permit that has been issued within the three years preceding the date upon which a development charge is or would, but for this provision, be payable, or

(b) a development charge is being imposed in respect of a renovation of or an addition to an existing building or structure upon the land, shall be calculated in accordance with this section.

(2) A demolished building or structure and an existing building or structure referred to in clauses 9(1)(a) or (b) respectively, is hereinafter called the "pre-existing building".

(3) The amount of the development charge imposed under subsection 4(1) that would be payable but for this section shall be calculated, hereinafter called the "residential gross amount".

(4) The amount of the development charge imposed under subsection 4(2) that would be payable but for this section shall be calculated, hereinafter called the "non residential gross amount".

(5) A sum shall be calculated, hereinafter called the "residential redevelopment allowance" which shall be equal to the amount of the development charge that would be payable under subsection 4(1) if the development charge were to be imposed upon every dwelling unit which existed in that portion of the pre-existing building that was or is devoted to residential uses at the date of demolition or the issuing of the permit under the Building Code Act, as the case may be.

(6) A sum shall be calculated, hereinafter called the "non residential redevelopment allowance" which shall be equal to the amount of development charge that would be payable under subsection 4(2) if the development charge were to be imposed upon the gross floor area of that portion of the pre-existing building that was or is devoted to non- residential uses at the date of demolition or the issuing of the permit under the Building Code Act, as the case may be.

(7) If the residential redevelopment allowance is less than the residential gross amount, the residential redevelopment allowance shall be deducted from the residential gross amount and the balance shall be the development charge payable under subsection 4(1).

(8) If the residential redevelopment allowance is equal to or greater than the residential gross amount, no development charge shall be payable under subsection 4(1).

(9) If the non-residential redevelopment allowance is less than the non-residential gross amount, the non-residential redevelopment allowance shall be deducted from the non- residential gross amount and the balance shall be the development charge payable under subsection 4(2).

(10) If the non-residential redevelopment allowance is equal to or greater than the non-residential gross amount, no development charge shall be payable under subsection 4(2).

10. Reduction where Services not provided

Where any land within the Regional Area is not provided with Regional Police, South Peel-Sewer, South Peel-Water, Regional-Sewer or Regional - Water services, the development charge otherwise payable shall be reduced in an amount equal to the sum of the portions thereof attributed in Schedule B1 or B2 as the case may be, to services not provided.

11. Building Permits

Where a development charge applies to a parcel of land in relation to which a permit under the Building Code Act is required, no such permit shall be issued with respect to that parcel of land until the development charge has been paid in full.

12. Consolidated Account

For the purposes of section 16 of the Act (reserve fund) a consolidated account may be kept in which there may be deposited the moneys raised for all development charges established by the Region. If a consolidated account is kept, it shall be so kept that it will be possible to determine the true state of each reserve fund.

13. Indexing

The development charges set out in Schedules A1 and A2 shall be adjusted on February 1st and August 1st of each year commencing February 1, 1992 in accordance with the Composite Southam Construction Cost Index (Ontario Series) without amendment to this by-law.

14. Schedules

The following schedules form part of this by-law:

Schedule A1 - Residential Development Charges

Schedule A2 - Non-residential Development Charges

Schedule B1 - Services for which a Residential Development Charge is Imposed under Subsection 4(1) of the By-law

Schedule B2 - Services for which a Non-residential Development Charge is Imposed under Subsections 4(2) and 4(4) of the By-law

15. Date By-law Effective

This by-law comes into force on the day after it is passed.

16. Short Title

This by-law may be cited as the "Region of Peel Development Charges By-law, 1991".

READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 5th Day of November, 1991.

Regional Clerk and Director of Administration, Acting Chairman

SCHEDULE A1
(By-law subsection 4(1))

Residential Development Charges

 

Dwelling Unit Type Development Charge
Apartment $2,785.02 per dwelling unit
Other $4,595.28 per dwelling unit

 

SCHEDULE A2
(By-law subsection 4(2))

Non-residential Development Charges

$13.07 per square metre (m2) of gross floor area

 

SCHEDULE B1
(By-law subsection 6(4))

Services for which a Residential Development Charge is Imposed under Subsection 4(1) of the By-law Proportion of Development .

Service
Proportion of Development Charge: as a percentage
SOLID WASTE DISPOSAL
10.6
HOSPITALS
11.0
REGIONAL ROADS
31.2
SOUTH PEEL - SEWER
18.7
SOUTH PEEL - WATER
15.8
REGIONAL - SEWER
0.6
REGIONAL - WATER
4.4
GENERAL GOVERNMENT
1.9
REGIONAL POLICE
4.9
ENGINEERING SERVICES
0.9
 
100.0

The services designated in this schedule are those services in respect of which the growth related net capital costs have been calculated and referred to in the Report of the Regional Treasurer and Commissioner of Finance and the Development Charges Proposal, both dated October 17, 1991, as presented to a public meeting under section 4 of the Act on October 24, 1991.

SCHEDULE B2
(By-law subsections 4(4) and 6(4))

Services for which a Non-residential Development Charge is Imposed under Subsections 4(2) and 4(4) of the By-law Proportion of Development hard

Service
Proportion of Development Charge: as a percentage
hard service
REGIONAL ROADS
41.3
yes
SOUTH PEEL - SEWER
24.4
yes
SOUTH PEEL - WATER
18.7
yes
REGIONAL - SEWER
0.8
yes
REGIONAL - WATER
5.2
yes
GENERAL GOVERNMENT
2.3
no
REGIONAL POLICE
6.1
no
ENGINEERING SERVICES
1.2
no
 
100.0

For the definition of hard services, see section 1 of the by-law. The services designated in this schedule are those services in respect of which the growth related net capital costs have been calculated and referred to in the Report of the Regional Treasurer and Commissioner of Finance and the Development Charges Proposal, both dated October 17, 1991, as presented to a public meeting under section 4 of the Act on October 24, 1991.