The Regional Municipality of Peel
BY-LAW NUMBER 45-2001

A by-law to impose development charges against lands to pay for increased capital costs required because of increased needs for GO Transit Service arising from development within the Regional Municipality of Peel

WHEREAS Section 2 of the Development Charges Act, S.O. 1997, c. 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 background study for the Regional Municipality of Peel, dated June 21, 2001 (the "Peel Study") and a joint background study for the Region of Durham, Region of Halton, City of Hamilton, Region of Peel, City of Toronto and Region of York, dated June 8, 2001 (the "Overall Study") which together are the background study (collectively the "Background Study"), required by Section 10 of the Act were presented to Regional Council along with a draft of this by-law as then proposed on July 12, 2001;

AND WHEREAS the Background Study was completed within a one-year period prior to the enactment of this by-law;

AND WHEREAS Regional Council directed that the 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 July 12, 2001;

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 at a meeting held on September 13, 2001 resolved to defer consideration of the Background Study and draft proposed by-law to its meeting to be held on October 4, 2001;

AND WHEREAS Regional Council at a meeting held on October 4, 2001 considered all oral and written submissions received concerning the Background Study, the draft proposed by-law and a further report dated October 3, 2001;

AND WHEREAS Regional Council on March 1, 2001 included the Region's share of the development-related GO Transit capital forecast in the Region's 2001 Capital Budget and 2002 to 2010 Capital Forecast;

AND WHEREAS Regional Council on October 4, 2001 amended the 2001 Capital Budget and 2002 to 2010 Capital Forecast to include the Region's share of the GO Transit 2001 - 2010 development-related capital forecast as approved by the Greater Toronto Services Board all as shown on Tables 4-3 and 4-4 and Appendix "D" of the Overall Study and Tables 2 and 2-3 of the Peel Study;

AND WHEREAS Regional Council at a meeting held on October 4, 2001 expressed its intention that development-related post 2010 capacity identified in the Overall Study shall be paid for by development charges or other similar charges;

AND WHEREAS Regional Council resolved on October 4, 2001 that no further public meetings are required, that the Background Study be approved 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 bone fide farming operation;

"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;

"Building Code Act" means the Building Code Act, S.O. 1992, ch. 23, and all regulations thereunder including the Ontario Building Code, 1997;

"college" has the same meaning as in Section 171.1 of the Education 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;

"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;

"GO Transit Service" includes stations, sites, parking lots, rolling stock, storage yards, layover facilities, maintenance facilities, tunnels, grade separations, crossings, track, corridor rail expansions, bus terminals, control centers, capital works studies, background studies and financing costs;

"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;

"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;

"non-residential 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 as that term is defined in this section;

"other multiple" means any residential development not defined as "apartment" or "single detached unit";

"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, as amended;

"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;

"semi-detached unit" means a building divided vertically, into two separate dwelling units, with at least 50 percent of the above-grade area of a main wall on one side of each dwelling unit attached to or the same as a main wall on one side of the other dwelling unit;

"single detached unit" means a completely detached residential building containing only one dwelling unit;

"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;

"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;

"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 with respect to the GO Transit Service provided within and 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 inclusive 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 indexing of development charges and exemptions are set forth in sections 8 and 10 of this by-law. Except as provided for in subsection 6(3) this by-law does not provide for the phasing-in of development charges.

 

3. Designation of Services

(1) The service for which development charges are imposed under this by-law is the Go Transit Service.

 

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) of this By-law, 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.

(4) Despite subsections (2) and (3) of this By-law, the development charge imposed under this By-law is in addition to any charge imposed under the Region's Development Charge By-law 68-1999 and any amendment or successor thereto or any other development charge by-law of the Region.

 

5. Calculation of Development Charges

(1) The development charge with respect to a development shall be calculated in respect of residential development, or the residential portion of a mixed use development, based upon the number and type of dwelling units.

(2) 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) 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) No charge which would become payable under subsection 6(1) on the date that a permit is issued under the Building Code Act is imposed under this by-law provided that both a complete building permit application has been made on or before October 3, 2001 and a permit pursuant to that application is issued on or before November 30, 2001.

 

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 Schedule "A" 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, 2002, in accordance with the Statistics Canada Quarterly, Construction Price Statistics (catalogue number 62-007) with the base index value being that in effect on August 31st, 2001.

 

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 under a demolition permit that has been issued prior to or upon the date on which a development charge is or would but for this provision, be payable, 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 for any use, including residential: no reduction;

(b) where a residential use is being redeveloped for a residential use: an amount calculated by multiplying the development charge under subsection 5(2) of this By-law by the number, according to type, of dwelling units that have been demolished, provided that such amounts shall not exceed, in total or in the aggregate, the amount of the development charges otherwise payable with respect to the redevelopment.

 

(3) For the purposes of subsections (1) and (2) dwelling units accidentally destroyed by fire shall be deemed to have been demolished under a demolition permit.

 

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 land 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.

 

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

 

11. Schedules

The following schedule to this by-law is hereby enacted and forms an integral part of this by-law:

Schedule "A" - Residential Development Charges

 

12. 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.

 

13. Date in Force

This by-law comes into force and effect on the date it is passed and will be in force until and including December 31, 2003, after which date it shall expire and be of no force and effect.

 

14. Interpretation

(a) 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.

(b) 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.

 

15. 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.

 

16. Short Title

This by-law may be referred to as the Region of Peel GO Transit Service Development Charges By-law, 2001.

 

Read three times And passed in open Council this 14th day of February, 2013.