BEING A BY-LAW FOR THE IMPOSITION OF DEVELOPMENT CHARGES
WHEREAS the Town of Petawawa will experience growth through development and re-development;
AND WHEREAS development and re-development requires the provision of physical and social services by the Town of Petawawa;
AND WHEREAS Council desires to ensure that the capital cost of meeting growth-related demands for or burden on municipal services does not place an excessive financial burden on the Town of Petawawa or its existing taxpayers while at the same time ensuring new taxpayers contribute no more than the net capital cost attributable to providing the current level of municipal services;
AND WHEREAS the Development Charges Act, 1997 (the “Act”) 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;
AND WHEREAS a development charge background study has been completed in accordance with the Act;
AND WHEREAS the Council of The Corporation of the Town of Petawawa has given notice of and held a public meeting on the 17th day of June, 2019 in accordance with the Act and the regulations thereto;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PETAWAWA ENACTS AS FOLLOWS:
DEFINITIONS
1. In this by-law,
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(1) “Act” means the Development Charges Act, as amended, or any successor thereof;
(2) “apartment unit” means any residential unit within a building containing more than four dwelling units where the units are connected by an interior corridor;
(3) “bedroom” means a habitable room which can be used as sleeping quarters, but does not include a bathroom, living room, dining room or kitchen;
(4) “board of education” has the same meaning as set out in the Education Act, R.S.O. 1990, Chap. E.2, as amended, or any successor thereof;
(5) “bona fide farm uses” means the proposed development that will qualify as a farm business operating with a valid Farm Business Registration Number issued by the Ontario Ministry of Agriculture, Food and Rural Affairs and be assessed in the Farmland Realty Tax Class by the Ontario Property Assessment Corporation;
(6) “Building Code Act” means the Building Code Act, S.O. 1992, as amended, or any successor thereof;
(7) “capital cost” means costs incurred or proposed to be incurred by the municipality or a local board thereof directly or by others on behalf of and as authorized by the municipality or local board, (a) to acquire land or an interest in land, including a leasehold interest, (b) to improve land, (c) to acquire, lease, construct or improve buildings and structures, (d) to acquire, construct or improve facilities including, (i) furniture and equipment other than computer equipment, and (ii) material acquired for circulation, reference or information purposes by a library board as defined in the Public Libraries Act, R.S.O. 1990, Chap. P.44, as amended, or any successor thereof; and
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(iii) rolling stock with an estimated useful life of seven years or more, and (e) to undertake studies in connection with any matter under the Act and any of the matters in clauses (a) to (d) above, including the development charge background study required for the provision of services designated in this By-law within or outside the municipality, including interest on borrowing for those expenditures under clauses (a) to (e) above that are growth-related;
(8) “commercial” means any use of land, structures or buildings for the purposes of buying or selling commodities and services, but does not include industrial or agricultural uses, but does include hotels, motels, motor inns and boarding, lodging and rooming houses;
(9) “Council” means the Council of the Town of Petawawa;
(10) “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 the effect of increasing the size of usability thereof, and includes redevelopment;
(11) “development charge” means a charge imposed with respect to this By-law;
(12) “dwelling unit” means any part of a building or structure used, designed or intended to be used as a domestic establishment in which one or more persons may sleep and are provided with culinary and sanitary facilities for their exclusive use;
(13) “existing” means the number, use and size that existed as of the date this by-law was passed;
(14) “farm building” means that part of a bona fide farming operation encompassing barns, silos and other ancillary development to an agricultural use, but excluding a residential use;
(15) “gross floor area” means:
(a) in the case of a residential building or structure, the total area of all floors above grade of a dwelling unit measured between the outside
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surfaces of exterior walls or between the outside surfaces of exterior walls and the centre line of party walls dividing the dwelling unit from any other dwelling unit or other portion of a building; and (b) in the case of a non-residential building or structure, or in the case of a mixed-use building or structure in respect of the non-residential portion thereof, the total area of all building floors above or below grade measured between the outside surfaces of the exterior walls, or between the outside surfaces of exterior walls and the centre line of party walls dividing a non-residential use and a residential use, except for: (i) a room or enclosed area within the building or structure above or below that is used exclusively for the accommodation of heating, cooling, ventilating, electrical, mechanical or telecommunications equipment that service the building; (ii) loading facilities above or below grade; and (iii) a part of the building or structure below grade that is used for the parking of motor vehicles or for storage or other accessory use;
(16) “industrial” means lands, buildings or structures used or designed or intended for use for manufacturing, processing, fabricating or assembly of raw goods, warehousing or bulk storage of goods, 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 the sale of commodities to the general public through a warehouse club;
(17) “institutional” means land, buildings, structures or any part thereof used by any organization, group or association for promotion of charitable, educational or benevolent objectives and not for profit or gain;
(18) “Local Board” means a school board, municipal service board, transportation commission, public library board, 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
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or purposes, including school purposes, of a municipality or of two or more municipalities or parts thereof;
(19) “local services” means those services, facilities or things which are under the jurisdiction of the Town of Petawawa and are related to a plan of subdivision or within the area to which the plan relates in respect of the lands under Sections 41, 51 or 53 of the Planning Act, R.S.O. 1990, Chap. P.13, as amended, or any successor thereof;
(20) “mobile home” means any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer or tent trailer;
(21) “multiple dwellings” means all dwellings other than single-detached, semi-detached, apartment unit dwellings;
(22) “municipality” means the Corporation of the Town of Petawawa;
(23) “non-residential use” means a building or structure of any kind whatsoever used, designed or intended to be used for other than a residential use;
(24) “Official Plan” means the Official Plan adopted for the Town, as amended and approved;
(25) “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;
(26) “place of worship” means that part of a building or structure that is exempt from taxation as a place of worship under the Assessment Act, R.S.O. 1990, Chap. A.31, as amended, or any successor thereof;
(27) “rate” means the interest rate established weekly by the Bank of Canada based on Treasury Bills having a term of 91 days;
(28) “regulation” means any regulation made pursuant to the Act;
(29) “residential dwelling” means a building, occupied or capable of being occupied as a home, residence or sleeping place by one or more persons, containing one or more Dwelling Units but not including motels, hotels,
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tents, truck campers, tourist trailers, mobile camper trailers or boarding, lodging or rooming houses;
(30) “residential use” means the use of a building or structure or portion thereof for one or more Dwelling Units. This also includes a Dwelling Unit on land that is used for an Agricultural Use;
(31) “row dwelling” means a building containing three or more attached dwelling units in a single row, each of which dwelling units has an independent entrance from the outside and is vertically separated from any abutting dwelling unit;
(32) “semi-detached dwelling” means a dwelling unit in a residential building consisting of two dwelling units having one vertical wall or one horizontal wall, but not other parts, attached or another dwelling unit where the residential unit are not connected by an interior corridor;
(33) “service” means a service designed in Schedule “A” to this By-law, and “services” shall have a corresponding meaning;
(34) “servicing agreement” means an agreement between a landowner and the municipality relative to the provision of municipal services to specified land within the municipality;
(35) “single detached dwelling unit” means a residential building consisting of one dwelling unit and not attached to another structure;
(36) “Town” means the area within the geographic limits of the Town of Petawawa; and
(37) “Zoning By-Law” means the Zoning By-Law of the Town of Petawawa or any successor thereof passed pursuant to Section 34 of the Planning Act, S.O. 1998.
2. DESIGNATION OF SERVICES
2.1 The categories of services for which development charges are imposed under this By-law are as follows:
(a) Transportation Services;
The remainder of By-law 1280/19 outlines the specific rules, exemptions, payment schedules, and enforcement mechanisms for development charges in the Town of Petawawa.
Key sections include:
Designated Services (Continued): Lists the specific services funded by these charges, including Fire Protection, Parks and Recreation, Library, Administration, Water, and Wastewater .
Application of By-law (Section 3):
Area: Applies to all lands in the Town, with exceptions for lands owned by the Municipality, County, School Boards, or Garrison Petawawa .
Triggers: Charges are imposed when development requires zoning amendments, minor variances, subdivision approvals, or building permits .
Exemptions: No charges for enlarging an existing dwelling, adding 1-2 units to a single detached home, places of worship, or bona fide farm buildings . Industrial expansions up to 50% are also exempt .
Calculation & Payment:
Residential: Charges are based on the type of unit (single, semi, apartment, etc.).
Non-Residential: Charges are based on gross floor area.
Redevelopment: Credits are given for the demolition or conversion of existing buildings .
Timing: Payable upon issuance of the building permit.
Indexing: Charges are adjusted annually on January 1st.
Schedules:
Schedule A: Details the components of each service (e.g., roads, fire vehicles, parkland development) .
Schedule B: Provides the specific dollar amounts for charges. For example, the total charge for a single detached dwelling in an urban area (including water/wastewater) is $5,525, while in a rural area (no water/wastewater) it is $3,143. Non-residential charges are $3.19/sq.ft. in urban areas and $1.55/sq.ft. in rural areas .
Enactment: The by-law came into force on July 16, 2019 and expires on July 16, 2024 .
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