WHEREAS Section 2 of the Development Charges Act, S.O. 1997, ch. 27 (the "Act") authorizes the Council of the Regional Corporation to enact a by-law to impose development charges against land to pay for increased capital costs required because of increased needs for services arising from development;

AND WHEREAS a review of development charges policies was presented to Regional Council in a document dated February 28, 2003 entitled "Development Charges By-Law Update";

AND WHEREAS a background study dated May 23, 2003 required by Section 10 of the Act was presented to Regional Council along with a draft of this by-law as then proposed on May 29, 2003 and was completed within a one-year period prior to the enactment of this by-law;

AND WHEREAS Regional Council directed that the policy review document, background study and draft proposed by-law be made available to the public and such documents were made available to the public at least 2 weeks prior to the public meeting required pursuant to section 12 of the Act;

AND WHEREAS notice of the public meeting was provided in accordance with the requirements of section 12 of the Act and in accordance with the Regulations under the Act, and such public meeting was held on June 19, 2003;

AND WHEREAS any person who attended the public meeting was afforded an opportunity to make representations and the public generally were afforded an opportunity to make written submissions relating to the proposed by-law;

AND WHEREAS Regional Council resolved on August 14, 2003 that it is the intention of Regional 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 Regional Council on August 14, 2003 expressed its intention that development-related post-2022 capacity identified in the background study shall be paid for by development charges or other similar charges;

AND WHEREAS Regional Council resolved on August 14, 2003 that no further public meeting be required and that this by-law be brought forward for enactment;


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

1. Definitions

In this by-law

"accessory" means where used to describe a use, building or structure, that the use, building or structure is naturally and normally incidental to and exclusively devoted to a principal use, building or structure;

"Act" means the Development Charges Act, S.O. 1997, ch. 27;

"agricultural society" means an agricultural society within the meaning of Part III of the Agricultural and Horticultural Organizations Act, R.S.O. 1990, ch. A.9;

"agricultural use" means a use 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 for the purposes of a bona fide farming operation;

"air supported structure" means an air supported structure as defined in the Building Code Act;

"apartment" means a dwelling unit in a duplex, triplex, double duplex or in a mixed use building not exceeding three stories in height and a dwelling unit in a building where such dwelling unit is served by a principal entrance from the street level common to three or more other dwelling units;

"area municipality" means the City of Mississauga, the City of Brampton or the Town of Caledon;

"board of education" has the same meaning as "board" under the Education Act, R.S.O. 1990, ch. E.2;

"building or structure" means a building or structure occupying an area greater than 10 square meters consisting of a wall, roof and floor or any of them or a structural system serving the function thereof, including an air supported structure, mezzanine or exterior storage tank, but does not include a canopy or farm building;

"Building Code Act" means the Building Code Act, S.O. 1992, ch. 23, and all regulations thereunder including the Ontario Building Code;
"college" has the same meaning as in Section 171.1 of the Education Act;

"canopy" means a canopy as defined in the Building Code Act;

"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 has the effect of increasing the size or usability thereof, and includes redevelopment, but does not include such actions or redevelopment in relation to a temporary building or structure as defined in this by-law;

"development charge" means a charge imposed pursuant to this by-law;

"distribution centre" means a building or structure primarily used for the storage and distribution of goods, wares, mechandise, substances, articles or things;

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

"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;

"existing industrial building" has the meaning prescribed for it under the Regulation;

"farm building" means a farm building as defined in the Building Code Act;
.
"floor" includes a paved, concrete, wooden, gravel or dirt floor;

"grade" means the average level of proposed or finished ground adjoining a building or structure at all exterior walls;

"industrial" means lands, buildings or structures used or designed or intended for use for or in connection with manufacturing, producing or processing of raw goods, warehousing or bulk storage of goods, distribution centre, truck terminal, research or development in connection with manufacturing, producing or processing of raw goods, storage, 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 a building used exclusively for office or administrative purposes unless it is attached to an industrial building or structure as defined above; and does not include a retail warehouse;

"land" includes buildings and structures;

"large apartment" means for the purposes of Schedule "A" an apartment unit having a floor area of more than 750 square feet;

"local board" means a public utility commission, transportation commission, public library board, board of park management, local Board of Health, Police Services Board, 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 of an area municipality or of the Region;

"mezzanine" means a mezzanine as defined in the Building Code Act;

"mixed use" means a use or intended use of the same land, building or structure for any two or more uses defined in this by-law;

"mobile temporary sales trailer" means a trailer that is designed to be made mobile, is placed without a foundation on land and is used exclusively for new residential sales, and concrete piers or sono tubes are deemed not to be foundations for the purposes of this definition;

"non-industrial use" means the use of land, buildings or structures or parts thereof, used, designed or intended to be used for any use other than for residential use or for industrial use as those terms are defined in this section, and includes a retail warehouse;

"non-residential use" means the use of land, buildings or structures or parts thereof, used, designated or intended to be used for any use other than for residential use as that term is defined in this section;

"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;

"protracted" means in relation to a temporary building or structure, the continuation of its construction, erection, placement on land, alteration or addition for a continuous period exceeding eight months;

"public hospital" means a hospital as defined in the Public Hospitals Act, R.S.O. 1990, ch. P.40;

"Region" means The Regional Municipality of Peel;
"Regional Area" means the area included within an area municipality at the time a development charge pursuant to this by-law is imposed;

"Regulation" means O. Reg. 82/98 under the Act;

"residential" means in relation to use or development, that which is designed, intended to be used or is used as living accommodation for one or more individuals;

"service" means a service designated in this by-law or under an agreement under section 44 of the Act;

"small apartment" means for the purposes of Schedule "A" an apartment unit having a floor area equal to or less than 750 square feet;

"temporary building or structure" means a building or structure constructed, 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 usability thereof for a continuous period not exceeding eight months;

"total floor area" means the total of the areas of the floors in a building or structure, whether at, above or below grade measured between the exterior faces of the exterior walls of the building or structure or from the center line of a common wall separating two uses, or from the outside edge of a floor where the outside edge of the floor does not meet an exterior or common wall, and:

(a) includes the floor area of a mezzanine and air-supported structure and the space occupied by interior walls and partitions;

(b) excludes any parts of the building or structure used for mechanical equipment related to the operation or maintenance of the building or structure, stairwells, elevators, washrooms, and the parking and loading of vehicles;

(c) includes below grade, only that floor area used for retail, commercial, office, industrial or warehousing purposes;

(d) where a building or structure does not have any walls, the total floor area shall be the sum total of the area of land directly beneath the roof of the building or structure and the total areas of the floors in the building or structure; and

(e) excludes the area of any self contained structural shelf and rack storage facility approved by the Building Materials Evaluation Commission.

"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;

"truck terminal" means a building, structure or place where, for the purposes of a common carrier, trucks or transports are rented, leased, kept for hire, or stored, or parked for remuneration or from which trucks or transports are dispatched;

"university" has the same meaning as is set out in Section 171.1 of the Education Act;

"use" means the use of land, a building or a structure.

2. Provisions required under Section 6 of the Act

(1) This by-law applies to the whole of the Regional Area and outside the Regional Area with respect to services of the Region that are provided outside of the Regional Area.

(2) The rules developed under paragraph 9 of subsection 5(1) of the Act for determining if a development charge is payable in any particular case, and for determining the amount of the charge, are set forth in sections 4 through 11 of this by-law.

(3) How the rules referred to in subsection (2) apply to the re-development of land is set forth in sections 1 ("development") and 9 of this by-law.

(4) The express statement indicating how the rules provide for exemptions and for indexing of development charges are set forth in sections 7, 8, 10 and 11 of this by-law. Except as provided for in subsection 5(4) this by-law does not provide for the phasing-in of development charges.

3. Designation of Services

(1) The services for which development charges are imposed under this by-law are as follows:

a) roads

b) wastewater

c) water supply

d) police

e) homes for the aged

f) transhelp (transit for the disabled)

g) health

h) ambulance

i) growth studies

(2) Components of the development charges for services designated in subsection (1) are described in Schedules A and B to this by-law.

4. Development Charges Imposed

(1) Development charges are imposed against lands that are developed for a use other than an agricultural use if the development requires:

a) the passing of a by-law or of an amendment to a zoning by-law 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; or

g) the issuing of a permit under the Building Code Act, 1992 in relation to a building or structure.

(2) No more than one development charge for each action described in subsection (1) shall be imposed upon any land to which this by-law applies even though two or more of the actions described in subsection (1) are required for the land to be developed.

(3) Despite subsection (2), and subject to this by-law and to Section 4 of the Act, if two or more of the actions described in subsection (1) occur at different times, additional development charges shall be imposed in respect of any increased or additional development permitted by such action, at the time that such action occurs.

5. Calculation of Development Charges

(1) The development charge with respect to a development shall be calculated as follows:

a) in the case of residential development, or the residential portion of a mixed use development, based upon the number and type of dwelling units; or

b) in the case of non-residential development, or the non-residential portion of a mixed use development, based upon the total floor area of such development.

(2) Amount of charge - Residential

The development charges as described in Schedule A to this by-law are imposed on land developed for residential uses including dwelling units accessory to a non-residential use and, in the case of a mixed use building or structure, on the residential component of the mixed use building or structure, according to the type of residential use.

(3) Amount of charge - Non-Residential

The development charges described in Schedule B to this by-law are imposed on land developed for non-residential uses and, in the case of a mixed use building or structure, on the non-residential component of the mixed use, and are calculated with respect to each of the services according to the total floor area of the non-residential use.

(4) Amount of Charge - Transitional

Despite any other provision of this by-law, where an application that is complete is made for a permit under the Building Code Act on or before November 28, 2003, and such permit is issued on or before January 30, 2004, the quantum of the development charge shall be determined as if the development in question were subject to the payment of a development charge under By-law 68-1999 as it read on the day before its repeal, instead of under this by-law, but shall in all respects other than as to quantum, be imposed in accordance with this by-law.

(5) Amount of Charge - Discount where sewer or water services not provided

Where any land within the Regional Area is not imminently serviceable by sewer or water services, the development charge otherwise payable shall be reduced in an amount equal to the portion of the charge attributed in the schedules to this by-law, to the services not provided.

(6) It is not necessary that the amount of the development charge for a particular development be limited to the increase in capital costs, if any, that are attributable to that particular development.

6. Timing of Payment

(1) Subject to any agreements entered into by the Region pursuant to the provisions of the Act or this by-law:

a) The development charges imposed under this by-law 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;

b) Where a development charge applies to land in relation to which a building permit is required, no building permit shall be issued until the development charge has been paid in full; and

c) Where a development requires an approval described in Section 4 after the issuance of a building permit and no development charge has been paid, then the development charge shall be paid prior to the granting of the approval required under Section 4.

(2) Without limiting the authority of the Region to enter into any other agreement, the Region is hereby authorized to enter into agreements providing for the payment of all or any part of a development charge before or after it would otherwise be payable, pursuant to Section 27 of the Act.

(3) Where a building permit under the Building Code Act is to be issued in relation to a building or structure for an industrial use, the owner upon the request of the Treasurer and Commissioner of Finance shall enter into an agreement with the Region pursuant to Section 27 of the Act and subsection 6(2) of this by-law.

(4) In any agreement made under subsection 6(3), the Treasurer and Commissioner of Finance may require that the owner provide to the Region, or to the Treasurer of the area municipality in which the lands are located, security in an amount and having a form and content satisfactory to the Treasurer and Commissioner of Finance, to be drawn upon in the event that there is a change in the use of the building or structure from an industrial to a non-industrial use within such period of time as is provided for in the agreement referred to in subsection 6(3).

(5) Any security provided pursuant to subsection 6(4) may be drawn upon to the extent of any difference between the development charge payable calculated using the non-industrial rate applicable on the date the calculation is made, and the development charge paid prior to the issuance of the building permit.

7. Temporary Buildings or Structures

(1) No development charge is imposed under this by-law in respect of a temporary building or structure so long as its status as a temporary building or structure is maintained in accordance with the provisions of this by-law.

(2) Upon application being made for the issuance of a permit under the Building Code Act in relation to a temporary building or structure on land to which a development charge applies, the Treasurer and Commissioner of Finance may require that the owner enter into an agreement with the Region pursuant to section 27 of the Act and subsection 6(2) of this by-law and submit security satisfactory to the Treasurer and Commissioner of Finance, to be realized upon in the event that the temporary building or structure becomes protracted and development charges thereby become payable.

(3) In the event that a temporary building or structure becomes protracted, it shall be deemed not to be, nor ever to have been a temporary building or structure and, subject to any agreement pursuant to subsection 6(2) of this by-law, development charges under this by-law shall become payable forthwith.

8. Indexing

The development charges as set out in the schedules to this by-law shall be adjusted without amendment to this by-law semi-annually on February 1st and August 1st in each year, commencing February 1st, 2004, in accordance with the Canada Quarterly Capital Expenditure Price Statistics (catalogue number 62-007-XPB) with the base index value being that in effect on August 1, 2003.

9. Demolition

(1) The rules applicable to development under this by-law are applicable, subject to subsection (2), to redevelopment.

(2) Despite any other provision of this by-law, where, as a result of the redevelopment of land, a building or structure existing on the same land prior to the date of payment of development charges in respect of the redevelopment, has been demolished in whole or in part on or after November 6, 1991, the development charges otherwise payable with respect to the redevelopment shall be reduced by the aggregate of the following amounts:

a) where a non-residential use is being redeveloped: an amount calculated by multiplying the development charge under subsection 5(3) by the non-residential total floor area that has been demolished;

b) where a residential use is being redeveloped for a residential use: an amount calculated by multiplying the development charge under subsection 5(2) by the number, according to type, of dwelling units that have been demolished; and

c) where a residential use is being redeveloped for a non-residential use: an amount calculated by multiplying that part of the development charge under subsection 5(2) and Schedule A which is attributable to water supply, waste water, regional roads and police services by the number, according to type, of dwelling units that have been demolished;
provided that evidence satisfactory to the Treasurer and Commissioner of Finance is provided as to the total floor area or type and number of dwelling units that had been demolished and provided the amount of any credit hereunder shall not exceed, in total or in the aggregate, the amount of the development charges otherwise payable with respect to the redevelopment.

10. Exemptions

(1) Despite any other provision of this by-law, no development charge is imposed under this by-law respecting:

a) land used as public hospitals;

b) land owned by and used only for the purposes of the Region, the area municipalities or local boards;

c) land owned by a board of education and used only for board of education purposes;

d) land owned by a college or university and used only for the purposes of a college or university;

e) that portion of building or structure owned by a church or religious organization which is used only as a place of worship;

f) lands deeded for highway purposes to the Ontario Ministry of Transportation; and

g) land owned by an agricultural society and used only for the purposes of an agricultural society;

(h) the development of land by the installation of a mobile temporary sales trailer.

(2) No development charge is imposed under this by-law in respect of land developed for an agriculture use.

11. Industrial Expansion Exemption

(1) Despite any other provision of this by-law the terms "existing industrial building" and "floor area" shall, for the purpose of the interpretation of this by-law in connection with section 4 of the Act (exemption for the enlargement of the gross floor area of an existing industrial building), have the meanings defined for them in the Regulation.

(2) For the purpose of interpreting the definition of "existing industrial building" contained in the Regulation, regard shall be had for the classification of the lands in question pursuant to the Assessment Act and in particular

a) whether the lands fall within a tax class such that taxes on the lands are payable at the industrial tax rate;

b) whether more than 50 percent of the gross floor area of the building or structure has an industrial property code for assessment purposes;

(3) Subject to subsection (2)(b), distribution centres, warehousing, the bulk storage of goods and truck terminals shall be considered industrial uses.

(4) For the purpose of the application of Section 4 of the Act to the operation of this by-law:

a) the gross floor area of an existing industrial building shall be calculated as it existed prior to the first enlargement in respect of that building for which an exemption under Section 4 of the Act is sought; and

b) the enlargement of the gross floor area of the existing building must:

i) be attached to the existing industrial building;

ii) must not be attached to the existing industrial building by means only of a tunnel, bridge, canopy, corridor or other passageway, shared below grade connection, foundation, footing or parking facility;

iii) be for use for or in connection with an industrial purpose as set out in this by-law; and

iv) constitute a bona fide increase in the size of the existing building.

12. Schedules

The following schedules to this by-law are hereby enacted and form an integral part of this by-law:
Schedule A - Residential Development Charges
Schedule B - Non-Residential Development Charges

13. By-law Registration

A certified copy of this by-law may be registered in the by-law register in the land registry office against any or all lands in the Regional area and may be registered against title to any land to which this by-law applies.

14. Date in Force

This by-law comes into force and effect on August 15, 2003.

15. Repeal of Previous Development Charge By-law

By-law 68-1999 as amended is hereby repealed effective on the date that this by-law comes into force and effect.

16. 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 or to the Ontario Building Code contained in this by-law shall also refer to the same or similar provisions in the statute or regulation or code as amended, replaced, revised or consolidated from time to time.

17. Severability

If for any reason any provision, section, subsection or paragraph of this by-law is held 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 or amended.

18. Short Title

This by-law may be referred to as the Region of Peel Development Charges By-law, 2003.

READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 14th day of August, 2003

SCHEDULE A
TO BY-LAW NUMBER 52-2003

RESIDENTIAL DEVELOPMENT CHARGE RATES AS AT FEBRUARY 1, 2004

TOWN OF CALEDON
SCHEDULE OF REGIONAL RESIDENTIAL DEVELOPMENT CHARGES
EFFECTIVE FEBRUARY 1, 2004

SCHEDULE B
TO BY-LAW NUMBER 52-2003

NON-RESIDENTIAL DEVELOPMENT CHARGE RATES AS AT FEBRUARY 1, 2004