2.1 By-law Enactment

On September 9, 2014, the Town enacted By-law 4464 under the D.C.A, 1997, which came into force on November 10, 2014. By-law 4464 was later amended by By-law 4464-1 on October 27, 2015 and By-law 4563 on December 15, 2015.

2.2 Services Covered

The following services are covered under By-law 4464, as amended:

• Fire Protection Services;
• Transportation Services;
• Environmental Services
• Recreation and Cultural/Library Services; and
• Growth related Studies.

  By-law 4464, as amended, imposes a municipal-wide charge as well as three area- specific charges, specifically:

  • East Area Charge;
  • North Area Charge; and
  • West Area Charge.

The by-law provides for mandatory annual indexing of the charges on the anniversary date of the passing of the by-law in each year. Table 2-1 provides the charges currently in effect for residential and non-residential development types.

2.3 Timing of D.C. Calculation and Payment

D.C.s are due and payable in full to the Town on the date the first building permit is issued in relation to a building or structure on land to which a D.C. applies. The By-law also allows the Town to enter into alternative payment agreements with owners.

2.4 Redevelopment Credit

The by-law provides for D.C. credits for residential and non-residential redevelopments for structures to be demolished and structures destroyed or damaged by causes beyond the owner's control.

Where a residential or non-residential building or structure is destroyed or damaged by causes beyond the owner's control (e.g. fire, tornado, etc.), such building or structure shall be exempted from a development charge provided that within five (5) years of the date on which the building or structure was destroyed or damaged the reconstruction or restoration of the damaged building or structure is started or a site plan agreement for redevelopment is executed and remains in effect.

Residential Redevelopment

• When an owner obtains the necessary approvals to demolish and replace an existing residential use the development charges apply only to the extent of a net increase in the number of dwelling units when the net increase is greater than one dwelling unit.

Non-Residential Redevelopment

• Where a non-residential building or structure has been demolished or is subject to demolition permit and is to be replaced by one or more non-residential buildings or structures the full development charge applies to the net increase in the gross floor area of the new non-residential building(s) or structure(s) over the gross floor area of the demolished non-residential building or structure.

Conversions

• In the conversion or change of use from a non-residential use to a residential use, the first two (2) dwelling units created shall be exempt from D.C.s
• In the conversion or change of use from a residential use to a non-residential use, the first 50% of the existing gross floor area shall be exempt from D.C.s

2.5 Exemptions

The Town's existing D.C. by-law includes statutory exemptions from payment of D.C.s with respect to:

• Industrial additions of up to and including 50% of the existing gross floor area (G.F.A.) of the building - for industrial additions which exceed 50% of the existing G.F.A., only the portion of the addition in excess of 50% is subject to D.C.s;
• Land used for Municipal or Board of Education purposes; and
• Residential development that results in only the enlargement of an existing dwelling unit, or that results only in the creation of up to two additional dwelling units (as specified by O.Reg. 82/98).

  
  

  The D.C. by-laws also provide non-statutory exemptions from payment of D.C.s with respect to:

• Hospital, health care centre, university or college lands exempt from taxation under the Assessment Act;
• Residential accessory uses, including: a garage, storage building, garden shed, swimming pool, or other similar accessory uses, buildings or structures;
• A garden suite as defined the Planning Act;

• A place of worship and churchyards, cemeteries or burial grounds exempt from taxation under the Assessment Act;
• Temporary buildings, provided that such buildings are removed within two years of the issuance of a Building Permit;
• A building for the sale of gardening and related products, provided that such building is not erected before March 15th and is removed before October 15th of each year;
• A residential use building erected and owned by non-profit housing, provided that satisfactory evidence is provided to the Treasurer that the residential use building is intended for persons of low or modest incomes and that the dwelling units are being made available at values that are initially and will continue to be below current market levels in the County of Lanark;
• Where specifically authorized by a resolution of Council, development on land where a public facility is being provided; and
• Partial Exemptions for non-residential development:
  • 25% discount for G.F.A. of 280-465m2
  • 50% discount for G.F.A. of 466-930m2
  • 75% discount for G.F.A. of 931-1,859m2
  • 95% discount for G.F.A. in excess of 1,859m2