City of Brantford Development Charges

Effective October 15, 2024

NOTE

This pamphlet is intended to provide general information regarding the City of Brantford’s Development Charges Bylaw 210-2021, which has been incorporated as Chapter 261 of the Municipal Code. For detailed information on the By-law and how it may apply to your property, contact Building Services, the City of Brantford.

PURPOSE OF DEVELOPMENT CHARGES

Development charges assist in financing capital projects required to meet the increased need for services resulting from growth and development. Development charge funds may only be used for the purpose for which they are collected.

BACKGROUND

Council for the City of Brantford approved Bylaw 210-2021 on October 26, 2021 in accordance with the requirements of the Development Charges Act, 1997. Bylaw 210-2021 will be in effect for a maximum period of five years from the date of bylaw approval. Bylaw 210-2021 was approved following the completion of the City of Brantford Development Charges Background Study dated August 23, 2021. Both the Study and the By-law are available for examination in the Clerk’s Department at City Hall, 58 Dalhousie St during the regular office hours of 8:30 A.M. to 4:30 P.M. or on the City’s website: www.brantford.ca .

SERVICES TO WHICH DEVELOPMENT CHARGES RELATE

Development charge revenues will help finance capital projects, related to growth, for the following services:

• Fire Department
• Public Transit
• Development Related Studies
• Wastewater Services
• Police Services
• Water Services
• Roads & Related
• Stormwater Services
• Public Library
• Land Ambulance
• Services Related to a Highway
• Parks and Recreation
• Child Care

RESIDENTIAL DEVELOPMENTS

For new residential developments, the charge is based on the number and type of dwelling units. Development charges do not apply to those residential developments where the only effect is to:

1. Enlarge an existing dwelling unit; or
2. Create up to two additional dwelling units within an existing residential building if such additional dwelling units are within the classes and comply with the restrictions contained in the bylaw.

NON-RESIDENTIAL DEVELOPMENTS

In the case of non-residential developments, the development charge is based upon the gross floor area of the building. Non-residential development includes commercial, institutional and industrial developments.

INDUSTRIAL EXPANSIONS

Expansions to industrial buildings that are in excess of 50% of the original building floor area may be subject to development charges calculated at the industrial gross floor area rate. There will be no charge for the portion of the industrial expansion that brings the building lot coverage on the property above 25%.

MIXED USE DEVELOPMENTS

For mixed use developments containing residential, non residential and industrial uses or any combination of uses in these three categories, the development charges will be calculated on the basis of the gross floor area of the non-residential uses, and in accordance with the number and type of dwelling units included within the development.

REDEVELOPMENT – CREDIT FOR EXISTING DEVELOPMENT

Redevelopment includes the demolition of existing buildings and structures or part thereof and the construction of replacement buildings and structures under a building permit applied for within 120 months (10 years) of the date of issue of the first demolition permit applicable to the existing buildings and structures. Redevelopment also includes changes of use within existing buildings such as the conversion of a commercial building into residential apartments. In such redevelopments, the development charges payable shall be reduced to account for existing development. The reduction shall be determined by applying a credit equal to the current development charge rates against the existing development on the property.

TREASURER’S STATEMENT

By May 1st of each year, the Treasurer for the City of Brantford shall present a financial statement to City Council regarding the development charge reserve funds. The Treasurer’s Statement documents transactions relating to the funds, opening and closing balances, a description of the services for which the fund is established, credit transactions, funds borrowed, repayments and interest earnings. For each project financed in whole or in part, by development charge funds, the Treasurer’s Statement shall indicate the amount drawn from the development charge reserve fund and the amount and source of any other money spent on the project. The Treasurer’s Statement may be reviewed in the offices of the City Treasurer at 58 Dalhousie Street (Finance Administration), during regular office hours or on the City’s website: www.brantford.ca .

WHEN DEVELOPMENT CHARGE IS PAYABLE (not including Rental Units, Institutional Development and Non-Profit Housing)

The development charge is calculated at the rate in effect when a site plan application or zoning by-law application is made and deemed to be complete. Once the application is approved, building permit issuance must occur within 18 months to maintain the frozen rate. For development not requiring a zoning by-law amendment or site plan application, development charges will be calculated at building permit issuance. Development charges are payable in full, including any applicable interest owing, on the date that a building permit is issued in relation to the building or structure to which the development charge applies. A building permit will not be issued unless the development charge and applicable interest is paid in full. However, Council may enter into an agreement with an owner providing for the payment of all or part of a development charge following the issuing of a building permit.

Interest will be calculated from the date the application is deemed complete (site plan, zoning or building) until the development charge is fully paid at the time of the building permit issuance.

WHEN DEVELOPMENT CHARGE IS PAYABLE (Rental Units and Institutional Development)

The development charge is calculated at the rate in effect when a site plan application or zoning by-law application is made and deemed to be complete. Once the application is approved, building permit issuance must occur within 18 months to maintain the frozen rate. For development not requiring a zoning by-law amendment or site plan application, development charges will be calculated at building permit issuance. For the development types of rental units and institutional development, development charges are payable at the time of occupancy over a set number of instalments:

• Rental units (six annual instalments)
• Institutional development (six annual instalments)
• Interest will be calculated on the instalments from the date of the building permit issuance until full payment is received.

INTEREST ON DEVELOPMENT CHARGES:

Development charges that have qualified for instalment payments under section 26.1 of the DCA shall be subject to interest on the instalments from the date the development charges would have been payable to the date the instalment is paid.

Development charges that have qualified for a rate freeze under section 26.2 of the DCA shall be subject to interest on the development charge from the date the application is deemed received complete, until the development charge has been paid in full.

Effective November 28th, 2022 as a result of Bill 23, an interest rate of the Bank of Canada’s prime lending rate plus 1% shall be used. All interest shall continue to accrue and be compounded annually beginning based on the application dates as outlined in section 26.1 and section 26.2 of the DCA until the date the total accrued amount is fully paid.

INDEXING OF DEVELOPMENT CHARGE RATES:

Development charge rates shall be indexed to take in to account inflation. The indexing shall be based on changes to the Non-Residential Construction Cost Index (Toronto), Statistics Canada Quarterly, Building Construction Price Indexes. The indexing of development charges shall occur on January 1st of each year, commencing on January 1, 2022 using the most recent statistical information available in accordance with the bylaw.

DEVELOPMENT CHARGE RATES

Effective October 15, 2024, development charges for residential, non-residential and industrial development projects within the City of Brantford are as follows:

City-Wide Excluding Northern Settlement Expansion Area Lands and Tutela Heights Settlement Area Development Charge Rates

REDUCTION FOR RENTAL HOUSING DEVELOPMENT

Discount provided for rental housing development according to Section 26.2 of the DCA.

REDUCTION FOR BROWNFIELD PROPERTIES

For the development or redevelopment of land located within the Brownfields Community Improvement Project Area depicted on Map 2, the development charge payable will be reduced by an amount equal to the cost of the environmental remediation of the lands required for the proposed use of the lands. Environmental remediation refers to the work carried out to remove contaminated substances from soil, sediment or ground water, including off-site disposal but does not include environmental site assessments. This reduction is subject to the submission of documentation for environmental remediation work carried out and the expenses incurred to the satisfaction of the City of Brantford.

EXEMPT DEVELOPMENTS

Lands that are owned by and used for the following purposes are exempt from paying development charges:

• A board of education;
• City of Brantford or any local board thereof;
• A farm building;
• A place of worship, a churchyard, cemetery and burial ground;
• Residential units in existing rental residential buildings, existing houses, and additional residential units in new residential buildings according to Section 2 of the DCA;
• Non-profit housing development;
• Development in the downtown area as indicated on Map 3; and
• Approved “affordable housing” projects, as confirmed in writing by the Director of Housing, City of Brantford.
• Affordable and attainable housing as met in the criteria of the Development Charges Act

DOWNTOWN EXEMPTION AREA

The downtown exemption area is indicated on Map 3. Within the downtown exemption area there are no development charges applied against development or redevelopment projects.

MORE INFORMATION

For more information on the City of Brantford Development Charge Bylaw 210-2021, and on how development charges may relate to your property, please contact the Building Department of the City of Brantford. The

Department may be contacted as follows:
Address: City Hall, 58 Dalhousie Street, Brantford Ontario N3T 2J2
Mailing Address: City Hall, P.O. Box 818, Brantford, ON N3T 5R7
Telephone: 519-759-4150
Fax: 519-752-1874
EMAIL: building@ brantford.ca

EDUCATION DEVELOPMENT CHARGES

Division E of Part IX of the Education Act enables a district school board to pass bylaws for the imposition of education development charges against residential and/or non-residential development, if residential development in the area of the jurisdiction of the board increases education land costs, and the development requires one or more of the actions described in section 257.54 of the Education Act. Education Development Charges (EDCs) are used to fund the acquisition of school sites, and related costs, to accommodate growth-related pupil needs. The Brant Haldimand Norfolk Catholic School Board Education Development Charge is as follows:

This charge is collected by the City of Brantford on behalf of the Brant Haldimand Norfolk Catholic District School Board. Any inquiries in regards to this charge should be directed to: Associate Director, Corporate Services & Treasurer for the Brant Haldimand Norfolk Catholic District School Board at (519) 756-6505. Note: the Grand Erie District School Board does not have an education development charge.

REFUNDS

Under Sections 18 and 20 of the Development Charges Act, 1997, a refund of development charges may be issued in two instances.

1) An applicant/agent seeking a development charge refund may file a complaint to Council in writing and initiate a public hearing process under one of the following circumstances:

• The amount of the development charge was incorrectly determined
• A credit is available to be used against the development charge, or the amount of the credit or service with respect to which the credit was given, was incorrectly determined
• There was an error in the application of the Development Charges By-law

A complaint may not be made later than 90 days after the day the development charge, or any part of it, is payable.

The complaint must be in writing and include the complainant’s name, the address where notice can be given and the reasons for the complaint. The applicant shall be provided with an opportunity to make representation during the public hearing process. Council shall make its decision based on the evidence provided and may dismiss the complaint or issue a refund.

2) Where the Ontario Land Tribunal repeals or amends a development charge by-law or orders Council to repeal or amend a development charge bylaw, the municipality shall refund the difference between the development charges paid and the development charges approved under the repealed or amended by-law.
In addition, Section 261.4.9, Chapter 261 of the City of Brantford Municipal Code also provides for a refund of development charges paid in the event that the application for the building permit is abandoned or the owner requests a cancellation of the application or the building permit prior to the commencement of construction of the development.