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Home My WebLink AboutChapter 315 - Development Charges FINANCIAL Chapter 315 DEVELOPMENT CHARGES Article 1 SHORT TITLE 315.1.1 Citation Article 2 INTERPRETATION 315.2.1 Accessory use-defined 315.2.2 Agricultural use-defined 315.2.3 Capital cost-defined 315.2.4 Development-defined 315.2.5 Development charge-defined 315.2.6 Duplex-defined 315.2.7 Dwelling unit-defined 315.2.8 Excess capacity-defined 315.2.9 Existing industrial building-defined 315.2.10 Floor area-defined 315.2.11 Grade-defined 315.2.12 Gross floor area-defined 315.2.13 Growth-related net capital cost-defined 315.2.14 Home business-defined 315.2.15 Hospital-defined 315.2.16 Household-defined 315.2.17 Local board-defined KITCHENER 315.1 JUNE 2010 DEVELOPMENT CHARGES 315.2.18 Local services-defined 315.2.19 Lodging house-defined 315.2.20 Lodging unit-defined 315.2.21 Multiple dwelling-defined 315.2.22 Net capital cost-defined 315.2.23 Non-residential use-defined 315.2.24 Owner-defined 315.2.25 Residential use-defined 315.2.26 Semi-detached dwelling-defined 315.2.27 Services-defined 315.2.28 Single-detached dwelling-defined 315.2.29 Site-defined 315.2.30 Townhouse or street townhouse-defined 315.2.31 Warehousing-defined Article 3 APPLICATION-EXEMPTION 315.3.1 Chapter applicable-all and-within City 315.3.2 Exemption-boards-commissions-municipalities 315.3.3 Charges applicable-increased need-approval 315.3.4 Exemption-local services-and connections 315.3.5 Single charge-two or more actions required 315.3.6 Additional charges-subsequent actions 315.3.7 Exemption-charges by agreement 315.3.8 Conflict-between charges-lowest applicable 315.3.9 Exemptions-certain uses 315.3.10 Charges-growth-related-standards 315.3.11 Growth-related net capital cost-reduction-exception JUNE 2010 315.2 KITCHENER DEVELOPMENT CHARGES Article 4 RESIDENTIAL DEVELOPMENT CHARGES 315.4.1 Charges-based on services-Schedule'A' 315.4.2 Charges imposed-rates-Schedule'B' 315.4.3 Charges-Central Neighbourhood-Schedule'C-F Article 5 MIXED USE 315.5.1 Mixed use-residential-Schedule'B' Article 6 NON-RESIDENTIAL DEVELOPMENT CHARGES 315.6.1 Charges-based on services-Schedule'A' 315.6.2 Charges-Central Neighbourhood-Schedule'B' 315.6.3 Charges-Central Neighbourhood-Schedule'C-F 315.6.4 Charges-exemption-limitation-industrial building 315.6.5 Exemption-new sites-calculation 315.6.6 Exemption-hospital 315.6.7 Mixed use-how calculated Article 7 ADMINISTRATION 315.7.1 Payment of charges-to Chief Building Official 315.7.2 Charges-calculated-payable-building permit date 315.7.3 No building permit issued-until charges paid 315.7.4 Subdivision agreement-calculation when payable 315.7.5 Credit-services in lieu-limitation 315.7.6 Credit-services in lieu-limitation 315.7.7 Redevelopment allowances-calculation-limitation 315.7.8 Redevelopment allowances-calculation-limitation 315.7.9 Unused redevelopment allowances-same land KITCHENER 315.3 JUNE 2010 DEVELOPMENT CHARGES 315.7.10 Reserve fund-establishment-purpose 315.7.11 Investment income-credit to reserve fund 315.7.12 Development charge-unpaid-added to tax roll 315.7.13 Development charge collected as taxes-credit to fund Article 8 GENERAL PROVISIONS 315.8.1 Administration-designated officials 315.8.2 Annual adjustment-without amendment 315.8.3 Interest rate-minimum-adjustment Article 9 REPEAL-ENACTMENT 315.9.1 Effective date 315.9.2 Term-five years-unless repealed 315.9.3 No requirement to proceed with projects 315.9.4 Severability 315.9.5 By-law-previous SCHEDULE Schedule`A' -Services-Designations Schedule`B' -Development Charge Rates Schedule`C' -Downtown and Warehouse District Schedule`C1' -Central Neighbourhoods Schedule`C2' -Suburban Area Schedule`D' -Classes of Development WHEREAS the City will experience growth through developmentand re- development of land which will increase the need for services to be pro- vided by the City; JUNE 2010 315.4 KITCHENER DEVELOPMENT CHARGES AND WHEREAS Council wishes to ensure that the capital cost qfmeet- ing growth related demands for services is met but does notplace a.finan- cial burden upon the City's existing taxpayers, and also that new taxpayers bear no more than the net capital cost attributable to providing the current level of services; AND WHEREAS subsection 2 (1) of the Development Charges Act, 1997,c.27(the "Development ChargesAct)enables the Council to pass by-laws for the imposition of development charges against land to pay for increased capital costs required because of increased needs for services arising from the development or redevelopment of land; AND WHEREAS the City has undertaken a Development Charges Back- ground Study, dated June 1, 2009, to forecast, to the year 2031 for engi- neering services and to the year 2018 for all other services,growth within the municipality through development and redevelopment, to determine the need for services at specified service standards resulting from growth and to calculate the net capital costs of services attributable to growth (the "Study'); AND WHEREAS Council, in accordance with section 12 qftheDevelop- ment Charges Pict, 1997, c.27 and section 9 of Ontario Regulation 82198, gave notice on May 15,2009qfapublic meeting to consider the passing Qf a development charges by-law, made available before and at the public meeting sufficient to enable the public to understand gener- ally the development charges proposal, held the public meeting on June 15, 2009 and heard representations from all persons who applied to be heard whether in objection to or in support of the proposal; AND WHEREAS Council, by resolution dated June 22, 2009, has indi- cated that it intends to ensure that the increase in the need for services at- tributable to the anticipated development will be met,subject to s f q,ficient development charge revenues being generated and other City affordability criteria being met; AND WHEREAS Council, by resolution dated June 22, 2009, has indicated its intent that the future excess capacity identified in the Study shall be paid for by the development charges or other similar charges; AND WHEREAS Council, by resolution dated June 22, 2009, adopted the capital forecasts prepared in conjunction with the Development Charges Background Study.for the City qfKitchenerdated.June 1,2009; AND WHEREAS Council, having reviewed the Study and the proposed by-law and having considered all of the representations made at the pub- lie meeting, directed that this Chapter be enacted. KITCHENER 315.5 JUNE 2010 315.1.1 DEVELOPMENT CHARGES 315.2.3 Article I SHORT TITLE 315.1.1 Citation This Chapter may be cited as the"Development Charges By-law." Article 2 INTERPRETATION 315.2.1 Accessory use-defined "accessory use"means a use,including a building,which is commonly inci- dental,subordinate and exclusively devoted to the main use or main building situate on the same lot. 315.2.2 Agricultural use-defined "agricultural use"means the use of land andbuildings for apiaries,fish farm- ing, animal husbandry or the cultivation of trees, shrubs, flowers, grains, sod, fruits, vegetables and other crops or ornamental plants ("agricultural products")but shall not include any building or structure where agricultural products are displayed for sale in more than twenty-five per cent of the gross floor area of such building or structure. 315.2.3 Capital cost-defined "capital cost"means costs incurred or proposed to be incurred by the City or a local board thereof directly or by others on behalf of,and as authorized by, the City or a local board thereof: (a) to acquire land or an interest in land,including a leasehold inter- est and land for an enclosed structure used throughout the year for public recreation and land that is necessary for the structure to be used for that purpose,including parking and access to the structure; (b) to improve land; (c) to acquire,lease,construct or improve buildings and structures; (d) to acquire,lease,construct or improve facilities including: (i) rolling stock with an estimated useful ife of seven years or more, furniture and equipment other than computer equipment; (ii) materials acquired for circulation,reference or in- formation purposes by a library board as defined in the Public Libraries Pict; and JUNE 2010 315.6 KITCHENER 315.2.4 DEVELOPMENT CHARGES 315.2.9 (e) to undertake studies in connection with any of the matters in Section 315.2.3(a)to Section 315.2.3(d),inclusive and the de- velopment charge background study required under section 10 of the Development Charges Pict, 1997,c. 27 required for the provision of services designated in this Chapter within or out- side the City,including interest on borrowing for those expen- ditures under Sections 315.2.3 (a),(b),(c),and(d). 315.2.4 Development-defined "development"includes redevelopment. 315.2.5 Development charge-defined "development charge"means a charge imposed with respect to growth-re- lated net capital costs against land under this Chapter. 315.2.6 Duplex-defined "duplex"means a dwelling or residential building divided predominantly horizontally into two dwelling units. 315.2.7 Dwelling unit-defined "dwelling unit"means a room or suite of rooms which: (a) is located in a building(including a non-residential building); (b) is occupied or designed to be occupied by a household as a sin- gle,independent and separate housekeeping establishment; (c) contains both a kitchen and bathroom for the exclusive com- mon use of the occupants thereof, and (d) has a private entrance leading directly from outside the building or from a common hallway or stairway inside the building. 315.2.8 Excess capacity-defined "excess capacity"means uncommitted excess capacity but excludes uncom- mitted excess capacity if,either before or at the time the excess capacity was created,the Council of the City expressed a clear intention that the excess ca- pacity would be paid for by development charges or other similar charges. 315.2.9 Existing industrial building-defined "existing industrial building"means abuilding orbuildings existing on a site in the City of Kitchener on January 1, 1999 or the first building or buildings constructed and occupied on a vacant site pursuant to site plan approval un- der section 41 of the Planning Pict, R.S.O. 1990, c. P.13 (the "Planning Pict") subsequent to January 1, 1999 for which full development charges were paid, and is used for or in connection with: (a) the production,compounding,processing,packaging,crating, bottling, packing or assembling of raw or semi-processed KITCHENER 315.7 JUNE 2010 315.2.10 DEVELOPMENT CHARGES 315.2.13 goods or materials in not less than seventy-five per cent of the total gross floor area of the building or buildings on a site ("manufacturing")or warehousing; (b) research or development in connection with manufacturing in not less than seventy-five percent of the total gross floor area of the building or buildings on a site; (c) retail sales by a manufacturer, if the retail sales are at the site where the manufacturing is carried out,such retail sales are re- stricted to goods manufactured at the site, and the building or part of a building where such retail sales are carried out does not constitute greater than twenty-five per cent of the total gross floor area of the building or buildings on the site;or (d) office or administrative purposes,if they are: (i) carried out with respect to manufacturing or ware- housing; and (ii) in or attached to the building or structure used for such manufacturing or warehousing. 315.2.10 Floor area-defined "floor area"means the area of floors of a building or structure measured be- tween the outside surfaces of exterior walls or between the outside surfaces of exterior walls and the centre line of party walls,and in the case of a dwell- ing unit includes only those floor areas above grade.This shall not include any area which is specifically designed for parking and is not being used for the repair or sale of vehicles. 315.2.11 Grade-defined "grade"means the average level of finished ground adjoining a dwelling unit at all exterior walls. 315.2.12 Gross floor area-defined gross floor area"means the total floor area of a building or structure. 315.2.13 Growth-related net capital cost- defined "growth-related net capital cost"means the portion of the net capital cost of services that is reasonably attributable to the need for such net capital cost that results or will result from the anticipated development in all or a defined part of the City less the City's excess capacity and the extent to which an in- crease in service to meet the increased need will benefit existing development within the City. JUNE 2010 315.8 KITCHENER 315.2.14 DEVELOPMENT CHARGES 315.2.20 315.2.14 Home business-defined "home business"means a vocational use,as permitted by the applicable City zoning by-law,conducted in a dwelling unit which is secondary to the use of the dwelling unit as a private residence. 315.2.15 Hospital-defined "hospital"means a hospital as defined in the Public Hospitals Pict. 315.2.16 Household-defined "household" means one or more persons living together as a single non-profit, housekeeping unit, sharing all areas of the dwelling unit and may,in addition,be designed to accommodate lodging units containing less than four residents. 315.2.17 Local board-defined "local board"means a 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 estab- lished or exercising any power under any Act with respect to any of the af- fairs or purposes of the City or the Regional Municipality of Waterloo(the "Region")or any part or parts thereof,excluding a school board,a conserva- tion authority and any other board excluded under any general or special Act. 315.2.18 Local services-defined "local services"means services related to a plan of subdivision or within the area to which the plan relates,to be installed or paid for by the owner as a condition of approval under section 51 of the PlanningAct,R.S.O. 1990,c. P.13 or as a condition of approval under section 53 of the Planning Pict, R.S.O. 1990,c.P.13. 315.2.19 Lodging house-defined "lodging house"means a dwelling or residential building containing one or more lodging units designed to accommodate four or more residents. The residents may share common areas of the dwelling other than the lodging units,and do not appear to function as a household.This shall not include a group home,nursing home,hospital or any residential care facility licensed, approved,or supervised under any general or specific Act,or a hotel or mo- tel. This shall include but not be limited to student residences, convents, unlicensed nursing homes and tourist homes. 315.2.20 Lodging unit-defined "lodging unit"means a room or set of rooms located in a lodging house de- signed or intended to be used for sleeping and living accommodation, which: KITCHENER 315.9 JUNE 2010 315.2.21 DEVELOPMENT CHARGES 315.2.28 (a) is designed for the exclusive use of the resident or residents of the unit; (b) is not normally accessible to persons other than the resident or residents of the unit;and (c) may contain either a bathroom or kitchen but does not contain both for the exclusive use of the resident or residents of the unit. 315.2.21 Multiple dwelling-defined "multiple dwelling" means a dwelling or residential building containing three or more dwelling units,but shall not include townhouse or street town- house dwellings. 315.2.22 Net capital cost- defined "net capital cost"means the capital cost less capital grants, subsidies and other contributions made to the City or that the Council of the City antici- pates will be made but only to the extent that the grant,subsidy or other con- tribution is clearly intended by the person making it to benefit new development and includes conveyances or payments under sections 42,51.1 and 53 of thePlanningAct,R.S.O.1990,c.P.13 in respect of the capital cost. 315.2.23 Non-residential use-defined "non-residential use"means the use of land,building or structures for a use other than residential use,including all commercial, industrial and institu- tional uses and excluding agricultural uses. 315.2.24 Owner-defined "owner"means the owner of land or a person who has made application for an approval for the development or redevelopment of land upon which a de- velopment charge is imposed. 315.2.25 Residential use-defined "residential use"means the use of land,buildings or structures for one or more single detached, semi-detached,townhouse, street townhouse dwell- ing,multiple dwelling or duplex dwelling units and lodging houses. 315.2.26 Semi-detached dwelling-defined "semi-detached dwelling"means a dwelling or residential building divided predominantly vertically into two dwelling units. 315.2.27 Services-defined "services"means services designated in Schedule`A'attached to this Chap- ter. 315.2.28 Single-detached dwelling-defined "single-detached dwelling"means a dwelling or residential building con- sisting of one dwelling unit and not attached to another residential structure, and shall include a mobile home located on a foundation. JUNE 2010 315.10 KITCHENER 315.2.29 DEVELOPMENT CHARGES 315.3.3 315.2.29 Site- defined "site"means a parcel of land which can be legally conveyed pursuant to sec- tion 50 of thePlanningAct,R.S.O.1990,c.P.13 and includes a development having two or more lots consolidated under one identical ownership. 315.2.30 Townhouse or street townhouse-defined "townhouse or street townhouse"means a dwelling or residential building divided predominantly vertically into three or more attached dwelling units, each of which has a separate entrance from the outside. 315.2.31 Warehousing- defined "warehousing"means a building or buildings on a site having not less than seventy-five per cent of the total gross floor area of such building or build- ings used for the storage or distribution of goods or materials. Article 3 APPLICATION-EXEMPTION 315.3.1 Chapter applicable-all land-within City Subject to Section 315.4.2,this Chapter applies to all lands within the City of Kitchener and any lands outside the City of Kitchener to which services are provided by the City,whether or not the land or use thereof is exempt from taxation under section 3 of the Assessment Act,R.S.O. 1990,c.A.31. 315.3.2 Exemption- boards-commissions-municipalities This Chapter does not apply to land owned by and used for the purposes of: (a) a board of education as defined by subsection 1 (1)of the Edu- cationAct, R.S.O. 1990,c.E.2; (b) the City of Kitchener or any local board thereof, (c) the Region or any local board thereof, (d) any area municipality within the Region; and (e) the Crown in right of Ontario or the Crown in right of Canada. 315.3.3 Charges applicable-increased need-approval Subject to Sections 315.3.4 through 315.3.9 inclusive,development charges shall apply on land to be developed or redeveloped for residential and non-residential use,where: (a) the development or redevelopment of the land will increase the need for services;and (b) the development or redevelopment requires one or more of the approvals which follow: KITCHENER 315.11 JUNE 2010 315.3.4 DEVELOPMENT CHARGES 315.3.6 (i) the passing of a zoning by-law or of an amendment thereto under section 34 of the Planning Pict, R.S.O. 1990,c.P.13; (ii) the approval of a minor variance under section 45 of the Planning Pict, R.S.O. 1990,c.P.13; (iii) conveyance of land to which a by-law passed under subsection 50(7)of thePlanningAct,R.S.O. 1990, c.P.13 applies; (iv) the approval of a plan of subdivision under section 51 of the Planning Pict,R.S.O. 1990,c.P.13; (v) a consent under section 53 of the Planning Pict, R.S.O. 1990,c.P.13; (vi) the approval of a description under section 9 of the Condominium Pict, 1998,c. 19; or (vii) the issuing of a permit under theBuilding CodcAct, 1992, c. 23 (the`Building Code"),in relation to a building or structure. 315.3.4 Exemption-local services-and connections Section 315.3.3 shall not apply in respect of: (a) local services; or (b) local connections to water mains, sanitary sewers and storm drainage facilities installed at the expense of the owner includ- ing amounts imposed under a by-law passed under section 326 of the Municipal Pict, 2001,c. 25,as amended. 315.3.5 Single charge-two or more actions required Where two or more of the actions described in Section 315.3.3 are required before the land to which a development charge applies can be developed or redeveloped,only one development charge shall be imposed,calculated and collected in accordance with the provisions of this Chapter. 315.3.6 Additional charges- subsequent actions Despite Section 315.3.5,if two or more of the actions described in Section 315.3.3 occur at different times and if the subsequent action or actions has the effect of increasing the need for services as designated in this Chapter, additional development charges shall be imposed,calculated and collected in accordance with the provisions of this Chapter. JUNE 2010 315.12 KITCHENER 315.3.7 DEVELOPMENT CHARGES 315.3.9 315.3.7 Exemption-charges by agreement Despite Section 315.3.3,any subdivision agreement or development agree- mentmadeunder section 51 or section 53 of thePlanningAct,R.S.O. 1990, c.P.13 or any predecessor thereof,which provides for the payment of a lot levy,development charge,capital contribution or other charge shall remain in full force and effect,be enforceable according to its terms and prevail to the extent that there is any conflict with this Chapter.This Section,however, shall not apply with respect to any lot or block which is further subdivided by a new plan of subdivision or consent. 315.3.8 Conflict-between charges-lowest applicable Where there is a conflict between the charge specified in an agreement set out in Section 315.3.7 or in a condition of draft plan approval for a plan of condominium and the development charge specified in this Chapter, the lower charge shall apply. 315.3.9 Exemptions- certain uses Section 315.3.3 shall not apply to: (a) a temporary use permitted under a zoning by-law enacted under sections 39 or 39.1 of thePlanningAct,R.S.O.1990,c.P.13; (b) an accessory use to residential uses; (c) a home business; (d) an agricultural use; (e) temporary erection of a building without foundation as defined in the Building Code for a period not exceeding six consecutive months and not more than six months in any one calendar year on a site for which development charges or lot levies have pre- viously been paid;and (f) the enlargement of an existing dwelling unit or the creation of up to two additional dwelling units as prescribed by Ontario Regulation 82/98 and set out in Schedule`D'and as such Regu- lation may be amended from time to time,provided that: (i) the number of dwelling units created in the reno- vated or enlarged residential building does not ex- ceed the applicable maximum number of additional dwelling units set out in Schedule `D' and the total gross floor area of the additional dwelling units does not exceed the applicable max- imum gross floor area provisions set out in Sched- ule`D'; and KITCHENER 315.13 JUNE 2010 315.3.10 DEVELOPMENT CHARGES 315.4.1 (ii) no more than one or two additional dwelling units in accordance with this subsection may ever be cre- ated without the imposition of development charges. 315.3.10 Charges-growth-related-standards Development charges as set out in Articles 4 and 5 shall apply to all lands that are developed or redeveloped for residential and non-residential use in accordance with this Chapter,but only insofar as: (a) the growth-related net capital costs of services are attributable to residential or non-residential use,as the case may be;and (b) the growth-related net capital cost of each service is attributable to the anticipated development and at standards no higher than the average level of each such service provided by the City over the ten year period immediately preceding the preparation of the Study. 315.3.11 Growth-related net capital cost-reduction-exception The rates set out in Schedule`B'shall be determined so as to reflect a ten per cent reduction to the growth-related net capital costs,except that there shall be no percentage reduction for the following growth-related net capital costs: (a) water supply services,including distribution and treatment ser- vices; (b) waste water services,including sewers and treatment services; (c) storm water drainage and control services; (d) services related to a highway as defined in section 26 of the Mu- nicipal Pict,2001,c. 25;and (e) fire protection services. Article 4 RESIDENTIAL DEVELOPMENT CHARGES 315.4.1 Charges-based on services-Schedule`A' Development charges against land to be developed or redeveloped for resi- dential use shall be based upon the services to be provided by the City which are designated in Schedule`A'. JUNE 2010 315.14 KITCHENER 315.4.2 DEVELOPMENT CHARGES 315.6.3 315.4.2 Charges imposed-rates- Schedule `B' Subject to the provisions of this Chapter,development charges are hereby imposed against land to be developed or redeveloped for residential use lo- cated within the Suburban Area the boundary of which is shown on Sched- ule`C-2'attached hereto and shall be calculated and collected at the rates set out in Schedule`B'. 315.4.3 Charges-Central Neighbourhood- Schedule `C-1' Subject to the provisions of this Chapter,development charges are hereby imposed against land to be developed or redeveloped for residential use lo- cated within the Central Neighbourhoods the boundary of which is shown on Schedule`C-1'attached hereto and shall be calculated and collected at the rates set out in Schedule`B'. Article 5 MIXED USE 315.5.1 Mixed use-residential-Schedule `B' Subject to the provisions of this Chapter,development charges against land to be developed or redeveloped for mixed residential use shall be the aggre- gate of the amount applicable for each dwelling unit according to its type as set forth in Schedule`B'. Article 6 NON-RESIDENTIAL DEVELOPMENT CHARGES 315.6.1 Charges-based on services-Schedule`A' Development charges against land to be developed or redeveloped for non-residential use shall be based upon the services to be provided by the City which are designated in Schedule`A'. 315.6.2 Charges-Central Neighbourhood- Schedule `B' Subject to the provisions of this Chapter,development charges are hereby imposed against land to be developed or redeveloped for non-residential use located in the Suburban Area the boundary of which is shown on Schedule `C-2'and shall be calculated and collected at the rate set out in Schedule`B'. 315.6.3 Charges-Central Neighbourhood- Schedule `C-1' Subject to the provisions of this Chapter,development charges are hereby imposed against land to be developed or redeveloped for non-residential use in the Central Neighbourhoods the boundary of which is shown on Schedule `C-1'and shall be calculated and collected at the rate set out in Schedule`B'. KITCHENER 315.15 JUNE 2010 315.6.4 DEVELOPMENT CHARGES 315.7.2 315.6.4 Charges-exemption-limitation-industrial building Despite anything in this Chapter,there shall be an exemption from the pay- ment of development charges for one or more enlargements of an existing industrial building on its site,whether attached or separate from the existing industrial building,up to a maximum of fifty per cent of the gross floor area before the first enlargement for which an exemption from the payment ofde- velopment charges was granted pursuant to the Development Charles Pict, or under this Section.Development charges shall be imposed in accordance with Schedule`B'with respect to the amount of floor area of an enlargement that results in the gross floor area of the industrial building being increased by greater than fifty per cent of the gross floor area of the existing industrial building. 315.6.5 Exemption-new sites-calculation For the purpose of Section 315.5.4,despite any new sites created which re- sult in an existing industrial building being on a site separate from its en- largement or enlargements for which an exemption was granted under this Article,further exemptions,if any,pertaining to the existing industrial build- ing shall be calculated in accordance with Section 315.5.4 on the basis of its site prior to any division. 315.6.6 Exemption-hospital Despite anything in this Chapter,there shall be an exemption from the pay- ment of development charges in respect of any enlargement of a hospital. 315.6.7 Mixed use-how calculated Subject to the provisions of this Chapter,development charges against land to be developed or redeveloped for mixed residential and non-residential use shall be the aggregate of the amount applicable to the residential component and the amount applicable to the gross floor area of the non-residential component. Article 7 ADMINISTRATION 315.7.1 Payment of charges-to Chief Building Official All development charges required to be paid to the City pursuant to this Chapter shall be paid by cash or certified cheque and directed to the City's Chief Building Official. 315.7.2 Charges-calculated-payable-building permit date Subject to theprovisions of this Article,development charges shall be calcu- lated and payable in full on the date that a building permit is issued in relation to a building or structure on land to which a development charge applies. JUNE 2010 315.16 KITCHENER 315.7.3 DEVELOPMENT CHARGES 315.7.8 315.7.3 No building permit issued-until charges paid Where development charges apply to land where a building permit is re- quired, no building permit shall be issued until the development charge is paid in full. 315.7.4 Subdivision agreement-calculation when payable Despite Sections 315.7.2 and 315.7.3, the City may require that develop- ment charges applicable with respect to the services described in Sections 315.4.1l(a) to (d)inclusive("Engineering Services"),be calculated as set forth in Schedule`B'hereto and payable immediately upon the execution of a subdivision agreement under section 51 of thePlanningAct,R.S.O. 1990, c.P.13 or a consent agreement under section 53 of thePlanningAct,R.S.O. 1990,c.P.13 with respect to the lands to which such agreement,as the case may be,relates. 315.7.5 Credit-services in lieu-limitation The City may by agreement permit the owner of land to which development charges apply to provide services for development or redevelopment of that land in lieu of the payment of all or any portion of a development charge,in- cluding services additional to or of a greater size or capacity than is required under this Chapter("services in lieu"). 315.7.6 Credit-services in lieu-limitation Upon proof of the installation or construction of services in lieu to the satis- faction of the City's Engineer, a credit, without interest, shall be applied against development charges payable for an amount equal to the reasonable cost to the owner of providing services in lieu,as determined by the City's Engineer, not to exceed the total amount of the development charges otherwise payable. 315.7.7 Redevelopment allowances-calculation-limitation Any unused credit may be applied, upon proof satisfactory to the City's Chief Building Official, to any subsequent development charge payable with respect to the same land as referred to in Section 315.7.5,or transferred and applied to any development charge payable with respect to other land owned by the same owner to be developed or redeveloped with the consent of the City on terms satisfactory to the City Solicitor.By-law 2009-091,22 June,2009. 315.7.8 Redevelopment allowances-calculation-limitation Subject to the provisions of this Article,where any redevelopment or re-use of land replaces or changes a former or existing development and,in the case of demolition upon proof of issuance of demolition permit for the land be- ing provided, the development charge applicable to the redevelopment or re-use shall be reduced by a redevelopment allowance,without interest,not to exceed an amount equal to the total of: KITCHENER 315.17 APRIL 2011 315.7.9 DEVELOPMENT CHARGES 315.8.1 (a) the number and types of legally established residential units in the former or existing development; and (b) the legally established non-residential gross floor area of the former or existing development, as determined by the City's Deputy CAO,Community Services and Chief Building Official at the rates applicable to such units or gross floor area at the time the first building permit for the re-development is issued. By-law 2009-091,22 June,2009;By-law 2011-047,28 March,2011. 315.7.9 Unused redevelopment allowances-same land No redevelopment allowance shall be made in excess of the development charge payable for a redevelopment;however,the redevelopment allowance may be carried forward and applied,upon proof satisfactory to the City's Chief Building Official, to any subsequent development charge payable with respect to the same land as referred to in Section 315.7.8. 315.7.10 Reserve fund-establishment-purpose Monies received from payment of development charges shall be maintained in a separate reserve fund or funds, and shall be used only to meet the growth-related net capital costs for which the development charge was im- posed under this Chapter. 315.7.11 Investment income-credit to reserve fund Income received from investment of the development charge reserve fund or funds shall be credited to the development charge reserve fund or funds in relation to which the investment income applies. 315.7.12 Development charge-unpaid- added to tax roll Where any development charge,or part thereof,remains unpaid after the due date,the amount unpaid shall be added to the tax roll and shall be collected as taxes. 315.7.13 Development charge collected as taxes-credit to fund Where any unpaid development charges are collected as taxes under Section 315.7.12, the monies so collected shall be credited to the development charge reserve fund or funds referred to in Section 315.7.10. By-law 2009-091,22 June,2009. Article 8 GENERAL PROVISIONS 315.8.1 Administration-designated officials This Chapter shall be administered by the City's Deputy CAO,Community Services,Deputy CAO,Finance and Corporate Services and City Treasurer and Chief Building Official. By-law 2009-091, 22 June, 2009; By-law 2011-047,28 March,2011. APRIL 2011 315.18 KITCHENER 315.8.2 DEVELOPMENT CHARGES 315.9.5 315.8.2 Annual adjustment-without amendment The development charges set out in Sections 315.4.2, 315.5.3, 315.6.1, 315.6.2 and Schedule`B'shall be adjusted annually,without amendment to this Chapter,as of January 1 in each year,commencing on January 1,2010, in accordance with the index prescribed by Ontario Regulation 82/98 and as such Regulation may be amended from time to time. 315.8.3 Interest rate- minimum-adjustment The minimum interest rate that the City shall pay under subsections 18 (3) and 25(2)of the Development Charles Pict, 1997,c.27 in relation to a de- velopment charges by-law shall be the Bank of Canada interest rate on the day the by-law comes into force and thereafter as such rate is adjusted on the first business day of every January,April,July and October of each year. Article 9 REPEAL-ENACTMENT 315.9.1 Effective date This Chapter shall come into force and effect on July 1,2009. 315.9.2 Term-five years- unless repealed This Chapter shall continue in force and effect for a term not to exceed five years from the date of its coming in to force and effect unless it is repealed or replaced at an earlier date by a subsequent by-law. 315.9.3 No requirement to proceed with projects Nothing in this Chapter shall be construed so as to commit or require the City or its Council to authorize or proceed with any specific capital project at any specific time. 315.9.4 Severability Each and every provision of this Chapter is severable and,if any provision or provisions of this Chapter should,for any reason,be declared invalid by any court,it is the intention of Council that each and every of the then remaining provisions of this Chapter shall remain in full force and effect. 315.9.5 By-law-previous By-law No.2005-156 as amended by By-law 2006-243 and the contents of Chapter 315 of The City of Kitchener Municipal Code, as amended, are hereby repealed effective at midnight on June 30,2009.By-law 2009-091, 22 June 2009. KITCHENER 315.19 JUNE 2010 DEVELOPMENT CHARGES SCHEDULE Schedule`A' -Services-Designations Services Designation Residential/Non-residential 1. Sanitary Servicing 2. Roads and Related 3. Watermains 4. Engineering Studies 5. Intensification Allowance 6. Storm/Watercourse Residential/Non-residential 7. Public Works 8. Fire Protection Residential 9. Indoor Recreation 10. Library 11. Outdoor Recreation 12. Cemeteries Residential/Non-residential 13. Parking 14. Growth-Related Studies By-law 2010-086,3 May,2010; Schedule`A'. JUNE 2010 315.20 KITCHENER DEVELOPMENT CHARGES Schedule '13' -Development Charge Rates Full Services Full Services Partial Services Partial Services Central Neigh- Suburban Area Suburban Area Suburban Area bourhoods (no sanitary (it(,sanitary sewer sewer) or water services) Residential (effective June 16,2010) Development Single detached 5,157 8,991 7,357 $ 7,230 or semi-detached per dwelling unit per dwelling unit per dwelling unit per dwelling unit dwelling Townhouses or 3,561 6,210 5,081 $ 4,994 street townhouse per dwelling unit per dwelling unit per dwelling unit per dwelling unit dwelling Multiple or du- 2,922 5,095 4,169 $ 4,097 pl-dwelling per dwelling unit per dwelling unit per dwelling unit per dwelling unit Lodging house 1,546 2,697 2,207 $ 2,169 per dwelling unit per dwelling unit per dwelling unit per dwelling unit Non-Residential June 16,2010) Development Gross fluor area 17.10 43.92 32.36 $ 31.46 ol'building per square metre per square metre per square metre per square metre 1.59 4.08 3.01 $ 2.92 per square metre per square metre per square metre per square metre Note:All rates in this schedule are subject to annual indexing as per Sec- tion 315.8.2 of this Chapter. Note:Residential rates in the Schedule have been rounded to the nearest dollar. By-law 2010-086, 3 May, 2010, Schedule 'B'; By-law 2010-106, 14 June,2010, Schedule '13'. KITCHENER 315.21 JUNE 2010 DEVELOPMENT CHARGES Schedule`C' -Downtown and Warehouse District 0Z ,< i C? LLJ o 0 Uj U c i r a � ¢ a, a 9' r ,I, s a By-law 2009-091,22 June,2009; Schedule `C'. JUNE 2010 315.22 KITCHENER DEVELOPMENT CHARGES Schedule'Cl' -Central Neighbourhoods SrCIH DUL 'C1" w City of Kitchener Central Neighbourhoods �. M'Brnnndaary of Central @deb qar&bourtwrr✓$s a411st,N&Gtr.. r rA May 21,200 xv n ry , ✓f 1 tint rr ri 1111111`I, e", r "° m 0,11 �' 4 ✓ wwwwwiw+ww' 4 �4 "00'."0 w IV 5rr � �.�rY r �,. Y�.y '7• rl 'U w . ^.r 4`... ,6 4� �"% �aGremm�rasa r h I By-law 2009-091,22 June,2009; Schedule `C-1' KITCHENER 315.23 JUNE 2010 DEVELOPMENT CHARGES Schedule`C2' -Suburban Area SCHEDULE 'C2' City of Kitchener Suburban Area ��pp�gnqv�w�w��III� IP WmfiklthltmW BoBdl'tldd8tl'y M1A(S4drBlI6CJud it 44kkfetl It 191 ��mul(��om��niH� Y��p➢000 idle AOa"�a,�SII , na� \ff �2fff�ll� � bll e , v r 000 i q� mai ^�moaimuimi¢irnnmom�moouo iJA IIY wn'lab6�^�7re7tl k Tt)poroinAl .Crwiax:6 AlVudl 13,2004 By-law 2009-091,22 June,2009; Schedule`C-2'. JUNE 2010 315.24 KITCHENER DEVELOPMENT CHARGES Schedule`D' -Classes of Development Name of Class of Description of Class of Maximum number of addi- Restrictions Residential Building Residential Buildings tional dwelling units Single detached dwellings Residential buildings,each two The total gross fluor area of of which contains a single the additional dwelling unit dwelling unit,that are not or units must be less than or attached to other buildings equal to the gross fluor area of the dwelling unit already in the building. Semi-detached dwellings or Residential buildings,each one The gross floor area of the street townhouse dwellings of which contains a single additional dwelling unit dwelling unit,that have one must be less than or equal or two vertical walls,but no to the gross floor area of the other parts,attached to dwelling unit already in the other buildings building. Other residential buildings A residential building not in one The gross floor area of the another class of residential additional dwelling unit building described in this must be less than or equal table to the gross floor area of the smallest dwelling unit al- ready in the building. By-law 2009-091,22 June,2009; Schedule`D'. KITCHENER 315.25 JUNE 2010