Area-Specific Development Charges Background Study for the Wellington Urban Serviced Area - Prince Edward County For Public Circulation and Comment

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Area-Specific Development Charges Background Study for the Wellington Urban Serviced Area - Prince Edward County For Public Circulation and Comment
Area-Specific Development Charges
Background Study for the Wellington
Urban Serviced Area
Prince Edward County
________________________

For Public Circulation and Comment

                             Watson & Associates Economists Ltd.
                                                  905-272-3600
December 28, 2020                           info@watsonecon.ca
Area-Specific Development Charges Background Study for the Wellington Urban Serviced Area - Prince Edward County For Public Circulation and Comment
Table of Contents
                                                                                                                          Page
1.          Introduction...................................................................................................... 1-1
            1.1   Background............................................................................................. 1-1
            1.2   Purpose of this Document....................................................................... 1-5
            1.3   Summary of the Process......................................................................... 1-5
2.          Anticipated Development ............................................................................... 2-1
            2.1   Requirements of the Act ......................................................................... 2-1
            2.2   Anticipated Development in the Wellington Urban Serviced Area .......... 2-1
                  2.2.1 Basis of Population, Household, and Non-Residential
                          Gross Floor Area Forecast ......................................................... 2-1
3.          Approach to the Calculation of the Charge ................................................... 3-1
            3.1  Introduction ............................................................................................. 3-1
            3.2  Services Potentially Involved .................................................................. 3-1
            3.3  Increase in Need for Service................................................................... 3-3
            3.4  Local Service Policy ................................................................................ 3-3
            3.5  Capital Forecast ...................................................................................... 3-3
            3.6  Treatment of Credits ............................................................................... 3-4
            3.7  Classes of Services ................................................................................ 3-5
            3.8  Existing Reserve Funds .......................................................................... 3-5
            3.9  Deductions .............................................................................................. 3-6
                 3.9.1 Reduction Required by Level of Service Ceiling ........................ 3-6
                 3.9.2 Reduction for Uncommitted Excess Capacity ............................ 3-7
                 3.9.3 Reduction for Benefit to Existing Development .......................... 3-7
                 3.9.4 Reduction for Anticipated Grants, Subsidies and Other
                          Contributions .............................................................................. 3-8
            3.10 Municipal-wide vs. Area Rating ............................................................... 3-8
            3.11 Allocation of Development ...................................................................... 3-8
4.          Development Charge Eligible Cost Analysis by Service ............................. 4-1
            4.1   Introduction ............................................................................................. 4-1

Watson & Associates Economists Ltd.
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Area-Specific Development Charges Background Study for the Wellington Urban Serviced Area - Prince Edward County For Public Circulation and Comment
Table of Contents (Cont’d)
                                                                                                                           Page

            4.2          Water Services ....................................................................................... 4-1
                         4.2.1 Water Treatment ........................................................................ 4-1
                         4.2.2 Water Storage and Distribution .................................................. 4-2
                         4.2.3 Water Services Summary .......................................................... 4-2
            4.3          Wastewater Services .............................................................................. 4-3
                         4.3.1 Wastewater Treatment ............................................................... 4-3
                         4.3.2 Wastewater Collection and Conveyance ................................... 4-3
                         4.3.3 Wastewater Service Summary ................................................... 4-4
5.          D.C. Calculation ............................................................................................... 5-1
6.          D.C. Policy Recommendations and D.C. Policy Rules ................................. 6-1
            6.1   Introduction ............................................................................................. 6-1
            6.2   D.C. By-law Structure ............................................................................. 6-2
            6.3   D.C. By-law Rules ................................................................................... 6-2
                  6.3.1 Payment in any Particular Case ................................................. 6-2
                  6.3.2 Determination of the Amount of the Charge ............................... 6-3
                  6.3.3 Application to Redevelopment of Land (Demolition and
                          Conversion)................................................................................ 6-3
                  6.3.4 Exemptions (full or partial) ......................................................... 6-3
                  6.3.5 Phasing in .................................................................................. 6-4
                  6.3.6 Timing of Collection ................................................................... 6-4
                  6.3.7 Indexing ..................................................................................... 6-6
                  6.3.8 D.C. Spatial Applicability ............................................................ 6-6
            6.4   Other D.C. By-law Provisions ................................................................. 6-7
                  6.4.1 Categories of Services/Classes for Reserve Fund and
                          Credit Purposes ......................................................................... 6-7
                  6.4.2 By-law In-force Date .................................................................. 6-7
                  6.4.3 Minimum Interest Rate Paid on Refunds and Charged for
                          Inter-Reserve Fund Borrowing ................................................... 6-7
                  6.4.4 Other Recommendations ........................................................... 6-7
7.          Asset Management Plan and Long-Term Capital and Operating Cost
            Examination ..................................................................................................... 7-1
            7.1   Asset Management Plan ......................................................................... 7-1
            7.2   Long-Term Capital and Operating Cost Examination ............................. 7-4
8.          By-Law Implementation .................................................................................. 8-1
            8.1  Public Consultation Process ................................................................... 8-1
                 8.1.1 Introduction ................................................................................ 8-1
                 8.1.2 Public Meeting of Council........................................................... 8-1
                 8.1.3 Other Consultation Activity ......................................................... 8-1
            8.2  Anticipated Impact of the Charge on Development ................................. 8-2

Watson & Associates Economists Ltd.
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Table of Contents (Cont’d)
                                                                                                                          Page

            8.3          Implementation Requirements ................................................................ 8-3
                         8.3.1 Introduction ................................................................................ 8-3
                         8.3.2 Notice of Passage ...................................................................... 8-3
                         8.3.3 By-law Pamphlet ........................................................................ 8-3
                         8.3.4 Appeals ...................................................................................... 8-4
                         8.3.5 Complaints ................................................................................. 8-4
                         8.3.6 Credits ....................................................................................... 8-5
                         8.3.7 Front-Ending Agreements .......................................................... 8-5
                         8.3.8 Severance and Subdivision Agreement Conditions ................... 8-5
Appendix A D.C. Cash-Flow Calculations ............................................................. A-1
Appendix B Proposed Development Charges By-law .......................................... B-1

Watson & Associates Economists Ltd.
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Area-Specific
Development
Charges Background
Study
Chapter 1
Introduction

Watson & Associates Economists Ltd.
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1. Introduction
1.1 Background

Prince Edward County (County) currently imposes development charges (D.C.s) within
the County under By-law 4172-2018 to recover the capital costs of new development for
the following services:

      •     Transportation;
      •     Fire Protection;
      •     Marinas and Boat Launches;
      •     Parks and Recreation;
      •     Library;
      •     Administration (Studies);
      •     Homes for the Aged;
      •     Waste Diversion; and
      •     Municipal Parking

The growth-related costs of water and wastewater infrastructure to service development
of the urban serviced areas are recovered through Municipal Act Capital Charges
imposed under By-law 4019-2017. The growth-related capital costs that were included
in the calculation of the water and wastewater capital charges for the development of
the urban serviced areas are presented in Tables 1-1 and 1-2 for water and wastewater
services, respectively. The costs are presented in 2013$ values.

Subsequent to the passage of By-law 4019-2017, servicing constraints have been
identified preventing the timely development of the Wellington Urban Serviced Area, as
defined in Figure 1-1. As such, the County has completed a draft Master Servicing Plan
(MSP) for water, wastewater, and stormwater infrastructure to evaluate preferred
infrastructure solutions to provide servicing capacity for the full buildout of the
Wellington Urban Serviced Area.

Watson & Associates Economists Ltd.                                                               PAGE 1-1
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Figure 1-1
                                                     Wellington Urban Serviced Area

Watson & Associates Economists Ltd.                                                               PAGE 1-2
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Table 1-1
                         Infrastructure Costs Included in the Capital Charge Calculation
                                                  Water Services
                                                     2013$
                                                                                                                                         Less:
           Increased Service Needs Attributable to Anticipated Development          Gross Capital   Post Period                        Benefit to     Total Growth
 Prj.No                                                                                                            Net Capital Cost
                                                                                    Cost Estimate     Benefit                           Existing      Related Costs
                                                                                                                                      Development
                                     Build Out - Water
           Picton
           2 Water Tower/Booster Stn. (New Development - E of John St., N of
    1                                                                                   1,154,762            -           1,154,762               -        1,154,762
          Cty. Rd. 8)
    2      Watermain Extension 10" (end of Washburn St. to New Bypass Rd.)                214,324            -             214,324               -          214,324
           Watermain Replacement and Oversizing 6" to 10" (King St. to End of
    3                                                                                     160,743            -             160,743         128,594           32,149
          Bowery St.)
    4      Watermain Extension 10" (end of Bowery St. to New Bypass Rd.)                  375,182            -             375,182               -          375,182
           Watermain Replacement and Oversizing 6" to 10" (Cty Rd. 22 - Booster
    5                                                                                     321,486            -             321,486         257,189           64,297
          Stn. to Kingsley Rd.)
           Watermain Replacement and Oversizing 6" to 10" (McFarland Dr. -
    6                                                                                     267,905            -             267,905         214,324           53,581
          Main St. to McDonald Dr.)
    7      Watermain Extension 10" (end of McFarland Dr. to New Bypass Rd.)                88,409            -              88,409              -            88,409
    8      Water Intake Improvements                                                    6,000,000            -           6,000,000        5,452,381         547,619
           Watermain Replacement and Oversizing 6" to 10" (Pitt St. - Booster Stn
    9                                                                                     267,905            -             267,905         214,324           53,581
          to Union)
           Hallowell Secondary Plan Area EA Works (Ph1 - Interconnection to
   10                                                                                   4,112,500                        4,112,500         811,551        3,300,949
          Bloomfield Line)
   11      INI-0067 Picton East Servicing (90% growth related)                            450,000                          450,000          45,000          405,000
           Access road & Servicing to Wellings of Picton - $160,000 water,
   12                                                                                     160,000                          160,000               -          160,000
          $160,000 wastewater

          Rossmore
    1     Rossmore/Peats Point Water Storage                                            1,732,144            -           1,732,144        1,595,016         137,128
    2     Increase Belleville Supply (1,360 m3/d max day capacity)                      5,403,395      5,403,395               -                -               -

          Wellington
    1     Water Reservoir (location to be determined)                                   3,589,288            -           3,589,288               -        3,589,288
          Watermain Extension 10" (Prince Edward Dr. - Main St. to New
    2                                                                                     214,324            -             214,324               -          214,324
          Development)
    3     Watermain Extension 10" (WTP to Area 1)                                         937,869            -             937,869               -          937,869
    4     Watermain Extension 10" (WTP to Prince Edward Dr.)                              133,981            -             133,981               -          133,981
    5     WTP Expansion/Upgrades                                                        5,641,709            -           5,641,709               -        5,641,709

          Total                                                                        31,225,926      5,403,395        25,822,531        8,718,379      17,104,152

Watson & Associates Economists Ltd.                                                                                                                   PAGE 1-3
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Table 1-2
                          Infrastructure Costs Included in the Capital Charge Calculation
                                               Wastewater Services
                                                      2013$
                                                                                                                                        Less:
             Increased Service Needs Attributable to Anticipated Development        Gross Capital   Post Period                       Benefit to     Total Growth
 Prj.No                                                                                                           Net Capital Cost
                                                                                    Cost Estimate     Benefit                          Existing      Related Costs
                                                                                                                                     Development
                                   Build Out - Wastewater
             Picton
    1        Pumping Station Upgrades (W of Bridge St., S of Laird Lane)                  519,643            -            519,643               -          519,643
             Sewermain Replacement and Oversizing 8" to 10" (Walton St. to End of
    2                                                                                     267,905            -            267,905         214,324           53,581
            Washburn St.)
    3        Sewermain Extension 10" (End of Washburn St. to New Bypass Rd.)              214,324            -            214,324               -          214,324
             Sewermain Replacement and Oversizing 8" to 10" (King St. to End of
    4                                                                                     160,743            -            160,743         128,594           32,149
            Bowery St.)
    5        Sewermain Extension 10" (End of Bowery St. to New Bypass Rd.)                375,182            -            375,182               -          375,182
    6        Pumping Station (New Development - Paul St. and New Bypass Rd.)              692,857            -            692,857               -          692,857
             Hallowell Secondary Plan Area EA Works (Ph1 - trunkmains,
    7                                                                                   9,634,550            -          9,634,550        1,901,260       7,733,290
            forcemains, PS)
    8        Wastewater Treatment Plant                                                30,000,000            -         30,000,000       13,189,000       5,511,000
    9        INI-0067 Picton East Servicing (90% growth related)                        2,356,300                       2,356,300          235,630       2,120,670
             Access road & Servicing to Wellings of Picton - $160,000 water,
   10                                                                                     160,000                         160,000               -          160,000
            $160,000 wastewater

            Wellington
            Sewermain Extension 10" (Prince Edward Dr. - Wellington Main St. to
    1                                                                                     267,905            -            267,905               -          267,905
            New Development)
    2       WPCP Expansion/Upgrades                                                     7,540,387            -          7,540,387               -        7,540,387
    3       SPS at Millennium Trial                                                       200,000            -            200,000               -          200,000
    4       SPS at North of Cleminson St.                                                 200,000            -            200,000               -          200,000
    5       Sewer Forcemain from Millennium Trial SPS to WTP                              763,934            -            763,934               -          763,934
                                                                                                             -                -                 -              -
                                                                                                             -                -                 -              -

            Total                                                                      53,353,731            -         53,353,731       15,668,808      26,384,923

The scope of the Wellington MSP for water and wastewater services include:

        •      Water supply
        •      Water storage, and distribution
        •      Wastewater treatment; and
        •      Wastewater conveyance

It is the County’s desired approach to recover the growth-related costs of service
through the imposition of an Area-Specific D.C. (A.S.D.C.) by-law in the Wellington
Urban Serviced Area. If adopted by Council, this A.S.D.C. by-law would replace the
imposition of the Municipal Act water and wastewater capital charges in this area.

Watson & Associates Economists Ltd.                                                                                                                  PAGE 1-4
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1.2 Purpose of this Document

This background study has been prepared pursuant to the requirements of the
Development Charges Act (D.C.A.),1997 (s.10), and accordingly, recommends an
A.S.D.C. and policies for the Wellington Urban Serviced Area for water and wastewater
services.

This D.C. background study, containing the proposed A.S.D.C. by-law, will be
distributed to members of the public in order to provide interested parties with sufficient
background information on the legislation, the study’s recommendations, and an outline
of the basis for these recommendations.

This report has been prepared, in the first instance, to meet the statutory requirements
applicable to the County’s A.S.D.C. background study, as summarized in Chapter 1. It
also addresses the forecast amount, type, and location of growth (Chapter 2), the
requirement for “rules” governing the imposition of the charges (Chapter 3) and the
proposed by-law to be made available as part of the approval process (Appendix B).

In addition, the report is designed to set out sufficient background on the legislation and
the policies underlying the proposed by-law, to make the exercise understandable to
interested parties. Finally, the background study addresses post-adoption D.C.
implementation requirements (Chapter 8) which are critical to the successful application
of the new policy.

A full discussion of the statutory requirements for the preparation of a background study
and calculation of D.C. and capital charges is provided herein.

1.3 Summary of the Process

The required Public Meeting under Section 12 of the D.C.A., 1997 has been scheduled
for January 14, 2021. The public meeting will be held to present the study to the public
and to solicit public input on the proposed A.S.D.C. by-law. The meeting is held to
answer any questions regarding the study’s purpose, methodology and the proposed
by-law. Figure 1-2 outlines the proposed schedule to be followed with respect to the
D.C. by-law adoption process.

Watson & Associates Economists Ltd.                                                               PAGE 1-5
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Figure 1-2
                                                             A.S.D.C. Study Process

                                               Process Steps                                             Dates

                                                                                                  September 2020 to
        1. Data collection, preparation of D.C. calculations
                                                                                                  December, 2020

        2. Review of A.S.D.C. draft findings with County staff                                    October 2020

        3. Present A.S.D.C. draft findings with development
                                                                                                  November 9, 2020
           industry stakeholders

        4. Present draft A.S.D.C. Background Study to County
                                                                                                  November 12, 2020
           Council

        5. Background study and proposed A.S.D.C. by-law
                                                                                                  December 28, 2020
           available to public

        6. Statutory notice of Public Meeting advertisement placed                                20 days prior to
           in newspaper(s)                                                                        public meeting

        7. Public Meeting of Council                                                              January 14, 2021

        8. Council considers adoption of background study and
                                                                                                  February 25, 2021
           passage of A.S.D.C. by-law

                                                                                                  By 20 days after
        9. Newspaper notice given of by-law passage
                                                                                                  passage

                                                                                                  40 days after
        10. Last day for by-law appeal
                                                                                                  passage

                                                                                                  by 60 days after in
        11. County makes available A.S.D.C. pamphlet
                                                                                                  force date

Watson & Associates Economists Ltd.                                                                               PAGE 1-6
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In accordance with the legislation, the background study and proposed A.S.D.C. by-law
will be made available at least 60 days prior to the passage of the by-law

The process to be followed in finalizing the report and recommendations includes:

      •     consideration of responses received prior to, at or immediately following the
            public meeting; and
      •     finalization of the study and Council consideration of the A.S.D.C. on a date to be
            determined.

Watson & Associates Economists Ltd.                                                               PAGE 1-7
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Chapter 2
Anticipated Development

Watson & Associates Economists Ltd.
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2. Anticipated Development
2.1 Requirements of the Act

Chapter 3 provides the methodology for calculating a D.C. as per the D.C.A., 1997.
Figure 3-1 presents this methodology graphically. It is noted in the first box of the
schematic that in order to determine the D.C. that may be imposed, it is a requirement
of Section 5 (1) of the D.C.A. that “the anticipated amount, type and location of
development, for which D.C.s can be imposed, must be estimated.”

The growth forecast contained in this Chapter provides for the anticipated development
for which the County will be required to provide water and wastewater services over the
buildout of the Urban Serviced Area of Wellington. The defined Wellington Urban
Serviced Area is provided in Figure 2-1.

2.2 Anticipated Development in the Wellington Urban
    Serviced Area

2.2.1 Basis of Population, Household, and Non-Residential Gross
      Floor Area Forecast
The D.C. growth forecast for has been derived from the draft Wellington MSP prepared
by RV Anderson, and the County’s 2017 D.C. Background Study.

The draft Wellington MSP identifies an existing serviced population of 2,189 persons
and a buildout serviced population of 8,600 persons. As such, incremental
development of approximately 2,500 single-detached residential dwellings are forecast
to occur over the period, yielding a net population growth of 6,411 person. In addition to
residential development, the Wellington Urban Serviced Area includes 28 hectares of
non-residential employment lands for future development. Based on the gross floor
area (G.F.A.) per ha of land area assumptions from the County’s 2017 D.C. Background
Study, it is anticipated that the development of the non-residential employment lands
would yield approximately 927,400 sq.ft. of additional non-residential G.F.A. over the
forecast period. The forecast residential and non-residential development within the
defined Wellington Urban Serviced Area (see Figure 2-1) is summarized in Table 2-1.

Watson & Associates Economists Ltd.                                                               PAGE 2-1
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Figure 2-1
                                                     Wellington Urban Serviced Area

                                              Table 2-1
                                   Wellington Urban Serviced Area
                 2020 Buildout Forecast Residential and Non-Residential Development

                                                                      Residential                                 Non-Residenital
                                                                              Households                     Net ha of
                                                                           (Single-Detached                 Developable
             Description                                     Population      Equivalents)                      Land       Sq.Ft. of G.F.A.
2020                                                                 2,189
Buildout                                                             8,600
Incremental Change
2020-Buildout                                                            6,411                    2,504                   28           927,393
Persons per Unit 1                                                                                        Sq.ft. of G.F.A. per ha 1
  Singles & Semi-Detached                                                  2.56                            Total                        33,121
  Multiples                                                                1.47
  Apartments                                                               1.35
    One bedroom or less                                                    1.17
    Two bedrooms or more                                                   1.97

1. Prince Edward County 2017 D.C. Background Study

Watson & Associates Economists Ltd.                                                                                                   PAGE 2-2
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Chapter 3
Approach to the Calculation of
the Charge

Watson & Associates Economists Ltd.
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3. Approach to the Calculation of the Charge
3.1 Introduction

This chapter addresses the requirements of s.s.5(1) of the D.C.A. with respect to the
establishment of the need for service which underpins the D.C. calculation. These
requirements are illustrated schematically in Figure 3-1.

3.2 Services Potentially Involved

s.s.2 (4) of the D.C.A. sets out the eligible services that can be included in a D.C. By-
law as follows:

      •     Water supply services, including distribution and treatment services.
      •     Wastewater services, including sewers and treatment services.
      •     Storm water drainage and control services.
      •     Services related to a highway.
      •     Electrical power services.
      •     Toronto-York subway extension, as defined in subsection 5.1 (1).
      •     Transit services other than the Toronto-York subway extension.
      •     Waste diversion services.
      •     Policing services.
      •     Fire protection services.
      •     Ambulance services.
      •     Library Services.
      •     Long-term care services.
      •     Parks and recreation services (but not the acquisition of land for parks).
      •     Public health services.
      •     Childcare and early years services.
      •     Housing services.
      •     Provincial Offences Act Services.
      •     Services related to emergency preparedness.
      •     Services related to airports, but only in the Regional Municipality of Waterloo.
      •     Additional services as prescribed

Watson & Associates Economists Ltd.                                                               PAGE 3-1
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Figure 3-1
 The Process of Calculating a Development Charge under the Act that must be followed

Watson & Associates Economists Ltd.                                                               PAGE 3-2
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In addition to the above eligible services, the D.C.A. also sets out in s.s.7 (3) that a
development charge by-law may provide for a class consisting of studies.

Two ineligible costs defined in s.s.5(3) of the D.C.A. are “computer equipment” and
“rolling stock with an estimated useful life of (less than) seven years...” In addition, local
roads are covered separately under subdivision agreements and related means (as are
other local services).

The services contained within this A.S.D.C. Background Study are limited to water and
wastewater services.

3.3 Increase in Need for Service

The D.C. calculation commences with an estimate of “the increase in the need for
service attributable to the anticipated development,” for each service to be covered by
the by-law. There must be some form of link or attribution between the anticipated
development and the estimated increase in the need for service. While the need could
conceivably be expressed generally in terms of units of capacity, s.s.5(1)3, which
requires that municipal council indicate that it intends to ensure that such an increase in
need will be met, suggests that a project-specific expression of need would be most
appropriate.

3.4 Local Service Policy

Some of the need for services generated by additional development consists of local
services related to a plan of subdivision. As such, they will be required as a condition of
subdivision agreements or consent conditions.

3.5 Capital Forecast

Paragraph 7 of s.s.5(1) of the D.C.A. requires that “the capital costs necessary to
provide the increased services must be estimated.” The Act goes on to require two
potential cost reductions and the Regulation sets out the way in which such costs are to
be presented. These requirements are outlined below.

Watson & Associates Economists Ltd.                                                               PAGE 3-3
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These estimates involve capital costing of the increased services discussed above.
This entails costing actual projects or the provision of service units, depending on how
each service has been addressed.

The capital costs include:

      a) costs to acquire land or an interest therein (including a leasehold interest);
      b) costs to improve land;
      c) costs to acquire, lease, construct or improve buildings and structures;
      d) costs to acquire, lease or improve facilities, including rolling stock (with a useful
         life of 7 or more years), furniture and equipment (other than computer
         equipment), materials acquired for library circulation, reference or information
         purposes;
      e) interest on money borrowed to pay for the above-referenced costs;
      f) costs to undertake studies in connection with the above-referenced matters; and
      g) costs of the D.C. background study.

In order for an increase in need for service to be included in the D.C. calculation,
municipal Council must indicate “...that it intends to ensure that such an increase in
need will be met” (s.s.5 (1)3). This can be done if the increase in service forms part of a
Council-approved Official Plan, capital forecast or similar expression of the intention of
Council (O.Reg. 82/98 s.3). The capital program contained herein reflects the County’s
approved and proposed capital budgets and Draft MSP.

3.6 Treatment of Credits

Section 8, paragraph 5, of O.Reg. 82/98 indicates that a D.C. background study must
set out “the estimated value of credits that are being carried forward relating to the
service.” Subsection 17, paragraph 4, of the same Regulation indicates that “...the
value of the credit cannot be recovered from future D.C.s,” if the credit pertains to an
ineligible service. This implies that a credit for eligible services can be recovered from
future D.C.s. As a result, this provision should be made in the calculation, in order to
avoid a funding shortfall with respect to future service needs.

The County currently has no outstanding credit obligations.

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3.7 Classes of Services

Section 7 of the D.C.A. states that a D.C. by-law may provide for any D.C. eligible
service or the capital costs with respect to those services. Further, a class may be
composed of any number or combination of services and may include parts or portions
of each D.C. eligible services. With respect to growth-related studies, Section 7(3) of
the D.C.A. states that:

      “For greater certainty, a development charge by-law may provide for a class
      consisting of studies in respect of any service listed in subsection 2 (4) whose capital
      costs are described in paragraphs 5 and 6 of subsection 5 (3).”

These provisions allow for services to be grouped together to create a class for the
purposes of the D.C. by-law and D.C. reserve funds. Eligible Debt and Committed
Excess Capacity

Section 66 of the D.C.A. states that for the purposes of developing a D.C. by-law, a debt
incurred with respect to an eligible service may be included as a capital cost, subject to
any limitations or reductions in the Act. Similarly, s.18 of O.Reg. 82/98 indicates that
debt with respect to an ineligible service may be included as a capital cost, subject to
several restrictions.

In order for such costs to be eligible, two conditions must apply. First, they must have
funded excess capacity which is able to meet service needs attributable to the
anticipated development. Second, the excess capacity must be “committed,” that is,
either before or at the time it was created, Council must have expressed a clear
intention that it would be paid for by D.C.s or other similar charges. For example, this
may have been done as part of previous D.C. processes.

3.8 Existing Reserve Funds

Section 35 of the D.C.A. states that:

“The money in a reserve fund established for a service may be spent only for capital
costs determined under paragraphs 2 to 8 of subsection 5(1).”

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There is no explicit requirement under the D.C.A. calculation method set out in s.s.5(1)
to net the outstanding reserve fund balance as part of making the D.C. calculation;
however, s.35 does restrict the way in which the funds are used in future.

Currently the County does not include water and wastewater services within their D.C.
By-Law and as such, no D.C. reserve funds have been established.

3.9 Deductions

The D.C.A. potentially requires that four deductions be made to the increase in the need
for service. These relate to:

      •     the level of service ceiling;
      •     uncommitted excess capacity;
      •     benefit to existing development; and
      •     anticipated grants, subsidies and other contributions;

The requirements behind each of these reductions are addressed as follows:

3.9.1 Reduction Required by Level of Service Ceiling
This is designed to ensure that the increase in need included in 3.3 does “…not include
an increase that would result in the level of service (for the additional development
increment) exceeding the average level of the service provided in the County over the
10-year period immediately preceding the preparation of the background study…”
O.Reg. 82.98 (s.4) goes further to indicate that “…both the quantity and quality of a
service shall be taken into account in determining the level of service and the average
level of service.”

In many cases, this can be done by establishing a quantity measure in terms of units as
floor area, land area or road length per capita and a quality measure, in terms of the
average cost of providing such units based on replacement costs, engineering
standards or recognized performance measurement systems, depending on
circumstances. When the quantity and quality factor are multiplied together, they
produce a measure of the level of service, which meets the requirements of the Act, i.e.
cost per unit.

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The average service level calculation is not required for environmental services such as
water and wastewater services as the level of service standards are dictated by other
legislation and servicing guidelines.

3.9.2 Reduction for Uncommitted Excess Capacity
Paragraph 5 of s.s.5(1) requires a deduction from the increase in the need for service
attributable to the anticipated development that can be met using the municipality’s
“excess capacity,” other than excess capacity which is “committed.”

“Excess capacity” is undefined, but in this case must be able to meet some or all of the
increase in need for service, in order to potentially represent a deduction. The
deduction of uncommitted excess capacity from the future increase in the need for
service would normally occur as part of the conceptual planning and feasibility work
associated with justifying and sizing new facilities, e.g. if a road widening to
accommodate increased traffic is not required because sufficient excess capacity is
already available, then widening would not be included as an increase in need, in the
first instance.

3.9.3 Reduction for Benefit to Existing Development
Section 5(1)6 of the D.C.A. provides that, “The increase in the need for service must be
reduced by the extent to which an increase in service to meet the increased need would
benefit existing development.” The general guidelines used to consider benefit to
existing development included the following:

      •     the repair or unexpanded replacement of existing assets that are in need of
            repair;
      •     an increase in average service level of quantity or quality (compare water as an
            example);
      •     the elimination of a chronic servicing problem not created by growth; and
      •     providing services where none previously existed (generally considered for water
            or wastewater services).

This step involves a further reduction in the need, by the extent to which such an
increase in service would benefit existing development. The level of services cap in
3.9.1 is related but is not the identical requirement. Sanitary, storm and water trunks
are highly localized to growth areas and can be more readily allocated in this regard

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than other services such as services related to a highway, which do not have a fixed
service area.

Where existing development has an adequate service level which will not be tangibly
increased by an increase in service, no benefit would appear to be involved.

3.9.4 Reduction for Anticipated Grants, Subsidies and Other
      Contributions
This step involves reducing the capital costs necessary to provide the increased
services by capital grants, subsidies and other contributions (including direct developer
contributions required due to the local service policy) made or anticipated by Council
and in accordance with various rules such as the attribution between the share related
to new vs. existing development (O.Reg. 82.98 s.6). That is, some grants and
contributions may not specifically be applicable to growth or where Council targets
fundraising as a measure to offset impacts on taxes. Moreover, Gas Tax revenues are
typically used to fund non-growth-related works or the non-growth share of D.C.
projects, given that the contribution is not being made in respect of particular growth-
related capital projects.

3.10 Municipal-wide vs. Area Rating

This step involves determining whether all of the subject costs are to be recovered on a
uniform municipal-wide basis or whether some or all are to be recovered on an area-
specific basis. Under the amended D.C.A., it is now mandatory to “consider” area-rating
of services (providing charges for specific areas and services), however, it is not
mandatory to implement area-rating. Further discussion is provided in section 7.3.8.

3.11 Allocation of Development

This step involves relating the costs involved to anticipated development for each period
under consideration and using allocations between residential and non-residential
development and between one type of development and another, to arrive at a schedule
of charges.

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Chapter 4
Development Charge Eligible
Cost Analysis by Service

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4. Development Charge Eligible Cost Analysis by
   Service
4.1 Introduction

This chapter outlines the basis for calculating D.C. eligible costs for to be applied on an
area-specific basis for the Wellington Urban Serviced Area. The required calculation
process set out in s.5(1) paragraphs 2 to 8 in the D.C.A, 1997, and described in Chapter
3, was followed in determining D.C. eligible costs.

The nature of the capital projects and timing identified in this chapter reflects Council’s
current intention. However, over time, municipal projects and Council priorities may
change and accordingly, Council’s intentions may alter, and different capital projects
(and timing) may be required to meet the need for services required by new growth.

This section evaluates the development-related capital requirements within the
Wellington Urban Serviced Area for water and wastewater services over the 2020-
buildout forecast period. The infrastructure upgrades that are required for immediate
and long-term growth opportunities to for the buildout of the Wellington Urban Serviced
Area, as identified in the draft Wellington MSP are summarized in the following sections.

4.2 Water Services

4.2.1 Water Treatment
To provide capacity for buildout of the Wellington Urban Serviced Area, a new water
treatment plant (WTP) will be required with a rated capacity of 8,500 m3/day. The new
WTP will be built in two phases over the 2021-2031 period at capital cost estimate of
$37.1 million. The WTP will also includes oversizing of the water intake pipe to
accommodate capacity for neighbouring communities in the future.

In determining the D.C. eligible capital costs, $813,600 has been deducted reflecting the
incremental oversizing costs for potential development beyond the defined Wellington
Urban Serviced Area (i.e. neighbouring communities). Furthermore, 18% ($6.5 million)
of the residual capital costs have been deducted as a benefit to existing development to
reflect the replacement of the existing maximum day water demands of 1,522 m3/day.

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In aggregate, $29.8 million in net growth-related capital costs has been included in the
calculation of the charge.

4.2.2 Water Storage and Distribution
To meet the water storage and distribution needs of the existing residents and future
development within the Wellington Urban Serviced Area a new elevated tank and trunk
main along Millennium Trail are required.

The elevated tank will be built in two phases for a total capital cost of $15.8 million. The
first phase, which is anticipated to cost $6.9 million, will provide 4,500 m3 of storage
capacity to meet the existing storage demands of 1,251 m3 and provide capacity for
growth. In this regard, 28% of the phase 1 capital costs have been deducted as benefit
to existing development. Moreover, in addition to meeting storage requirements of the
existing community, the new elevated tank will also address existing water pressure
issues, and as such, an additional 10% deduction of the phase 1 costs has been made.
In aggregate, 38% of the phase 1 costs will be deducted as a benefit to existing
development. The second phase of the elevated tank, which is estimated at a capital
cost of $8.8 million, will provide a further 4,700 m3 of water storage and has been
allocated entirely to the benefit of future growth.

The preferred water distribution solution is to construct a 500mm trunk watermain along
the Millennium Trail. While this watermain is principally required to connect new
development areas to the municipal water system, it will also address fire flow and
water pressure issues in the existing community. Furthermore, the trunk watermain has
been oversized to accommodate future distribution needs of providing service to
neighboring communities. The estimated capital costs of the trunk watermain is $10.3
million, of which $1.5 million is related to the oversizing of the main for neighboring
communities. The remaining costs have been allocated to growth and existing
development on the basis of current and forecast maximum day water demands (i.e.
18% benefit to existing development and 82% growth).

4.2.3 Water Services Summary
In aggregate, for water services within the Wellington Urban Serviced Area, $63.2
million gross capital costs have been identified, including costs of $12,500 to undertake
the D.C. Background Study process, of which $50.2 million has been included as
growth-related capital costs in the calculation of the charge. The net growth-related

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costs have been allocated 59% to residential and 41% to non-residential development
based on the relationship of anticipated incremental residential and non-residential
water demands over the buildout period from the Wellington MSP (i.e. 4,235 m3
residential and 2,940 m3 non-residential).

                                             Table 4-1
          Infrastructure Costs Included in the Wellington Urban Serviced Area A.S.D.C.
                                  Calculation for Water Services
                                                                                                                     Potential D.C. Recoverable Costs
                                                                                 Net Growth Benefit to Existing
                                                   Gross      Post Period                                                                       Non-
         Description                 Timing                                       Related     Development                       Residenital
                                                 Capital Cost   Benefit                                               Total                 Residential
                                                                                   Costs
                                                                                             %          $                           59%         41%
WTP
  Phase 1                          2021-2024      23,500,000              -       23,500,000      18%   4,207,882   19,292,118   11,387,055    7,905,063
  Phase 2                           Pre 2042      13,600,000          813,600     12,786,400      18%   2,289,518   10,496,882    6,195,721    4,301,162
Water Tower
   New Elevated Tank               2019-2021        6,950,000              -        6,950,000     38%   2,627,100    4,322,900    2,551,565    1,771,335
   2nd Water Tank/Resvoir          Post 2042        8,850,000              -        8,850,000      0%         -      8,850,000    5,223,659    3,626,341
Watermain Trunk
  Watermain Trunk                  2020-2022      10,300,000        1,469,305       8,830,695     18%   1,581,214    7,249,481    4,278,962    2,970,519
Studies
  D.C. Background Study               2021            12,500              -           12,500       0%        -          12,500        7,378        5,122
 Total                                            63,212,500        2,282,905     60,929,595      18% 10,705,714    50,223,881   29,644,339   20,579,541

4.3 Wastewater Services

4.3.1 Wastewater Treatment
To address existing capacity issues during wet weather conditions and provide capacity
for the buildout of the Wellington Urban Serviced Area, a new wastewater treatment
plant (WWTP) has been proposed. The WWTP will provide maximum day capacity of
10,340 m3/day in comparison to current maximum day demands of 2,940 m3/day. The
WWTP is proposed to be built in two phases. The total gross capital cost estimate for
the WWTP is $27.7 million. In this regard 28% of the costs (or $7.9 million) have been
deducted as a benefit to existing development to reflect the current maximum day
demands.

4.3.2 Wastewater Collection and Conveyance
To accommodate anticipated incremental wastewater flows from new development, as
provided in the Wellington MSP, a new sanitary trunk main along Millennium Trail will be
required. The anticipated capital costs for the project of $5.5 million have been
allocated 100% to new development, as the sanitary trunk is designed to accommodate

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the needs of future development and do not improve the level of service of the existing
community.

4.3.3 Wastewater Service Summary
The capital costs to address future service demands of the Wellington Urban Serviced
Area over the buildout period include wastewater treatment and collection needs
totaling $33.2 million, including costs of $12,500 to undertake the D.C. Background
Study process. Of the total capital costs, $7.9 million has been deducted as a benefit to
existing development. The net growth-related costs have been allocated 66% to
residential and 34% to non-residential development based on the relationship of
incremental residential and non-residential wastewater flows over the buildout period
from the Wellington MSP (i.e. 1,973 m3 residential and 1,015 m3 non-residential).

                                             Table 4-2
          Infrastructure Costs Included in the Wellington Urban Serviced Area A.S.D.C.
                               Calculation for Wastewater Services
                                                                                                                     Potential D.C. Recoverable Costs
                                                                                 Net Growth Benefit to Existing
                                                   Gross      Post Period                                                                       Non-
         Description                 Timing                                       Related     Development                       Residenital
                                                 Capital Cost   Benefit                                               Total                 Residential
                                                                                   Costs
                                                                                             %          $                           66%         34%
WWTP
   Phase 1                         2020-2024      24,900,000               -      24,900,000      28%   7,072,660   17,827,340   11,771,534    6,055,807
   Phase 2                         Post 2042       2,800,000               -       2,800,000      28%     795,319    2,004,681    1,323,707      680,974
Sanitary Trunk
  Sanitary Trunk                   2020-2022        5,555,479              -        5,555,479     0%          -      5,555,479    3,668,326    1,887,152
Studies
  D.C. Background Study               2021            12,500               -          12,500       0%         -         12,500        7,378        5,122
 Total                                            33,267,979               -      33,267,979      24%   7,867,979   25,400,000   16,770,945    8,629,055

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Chapter 5
D.C. Calculation

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5. D.C. Calculation
The calculation of the maximum Wellington Urban Serviced Area A.S.D.C.s that could
be imposed by Council have been undertaken using a cash-flow approach for the
growth-related capital costs identified in Chapter 4. The cash-flow calculations account
for the timing of revenues and expenditures and the resultant financing needs. The
cash-flow calculations have been undertaken separately for water and wastewater
services, and for each forecast development type, i.e. residential and non-residential.
A.S.D.C. cash flow calculation tables are provided in Appendix A and have been
undertaken to account for 2% earnings on A.S.D.C. reserve fund balances and 4%
interest charged for reserve fund borrowing.

The A.S.D.C. cash-flow calculations are summarized in Table 5-1 for over the 2020-
buildout forecast period for the Wellington Urban Serviced Area.

The calculation for residential development is generated on a per capita basis and is
based upon six forms of housing types:

      •     single and semi-detached (>2 bedrooms)
      •     single and semi-detached (2 bedrooms); and
      •     other multiples (
Table 5-1
                                  Wellington Urban Service Area A.S.D.C. Calculation
                                                    2020-Buildout
                                                                                                D.C. Eligible Costs                      Development Charges
                                 SERVICE/CLASS                                           Residential          Non-Residential            S.D.U.       per sq.ft.

   1. Wastewater Services                                                                     16,763,567               8,623,933                  7,891          10.29

  2.     Water Services                                                                       29,636,961              20,574,419                 13,476          23.85

  TOTAL                                                                                      $46,400,528             $29,198,353             $21,367             34.14
  Financing Costs                                                                             $4,353,694              $2,465,876
  D.C.-Eligible Capital Cost                                                                 $50,754,222             $31,664,229
  Buildout Gross Population/GFA Growth (sq.ft.)                                                    6,543                 927,393
  Cost Per Capita/Non-Residential GFA (sq.ft.)                                                 $7,756.90                  $34.14
  By Residential Unit Type                                            P.P.U.
      Single and Semi-Detached Dwelling (> 2 bedrooms)                2.755                       $21,367
      Single and Semi-Detached Dwelling (= 2 bedrooms)                                  1.541                       $11,953
      Other Multiples (=
Chapter 6
D.C. Policy Recommendations
and D.C. By-law Rules

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6. D.C. Policy Recommendations and D.C. Policy
   Rules
6.1 Introduction

Subsection 5 (1) 9 states that rules must be developed:

            “...to determine if a development charge is payable in any particular case
            and to determine the amount of the charge, subject to the limitations set
            out in subsection 6.”

Paragraph 10 of the section goes on to state that the rules may provide for exemptions,
phasing in and/or indexing of D.C.s.

Subsection 5 (6) establishes the following restrictions on the rules:

      •     the total of all D.C.s that would be imposed on anticipated development must not
            exceed the capital costs determined under 5(1) 2-8 for all services involved;
      •     if the rules expressly identify a type of development, they must not provide for it
            to pay D.C.s that exceed the capital costs that arise from the increase in the
            need for service for that type of development; however, this requirement does not
            relate to any particular development; and
      •     if the rules provide for a type of development to have a lower D.C. than is
            allowed, the rules for determining D.C.s may not provide for any resulting
            shortfall to be made up via other development.

With respect to “the rules,” section 6 states that a D.C. by-law must expressly address
the matters referred to above re subsection 5 (1) paragraphs 9 and 10, as well as how
the rules apply to the redevelopment of land.

The rules provided are based on the County’s existing D.C. policies; with consideration
for the D.C.A. amendments from the More Homes, More Choice Act and COVID-19
Economic Recovery Act.

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6.2 D.C. By-law Structure

It is recommended that:

      •     the County uses an A.S.D.C. calculation for water and wastewater services
            within the Wellington Urban Serviced Area; and
      •     one A.S.D.C. by-law be used for all services.

6.3 D.C. By-law Rules

The following subsections set out the recommended rules governing the calculation,
payment and collection of D.C.s in accordance with section 6 of the D.C.A.

It is recommended that the following sections provide the basis for the D.C.s.:

6.3.1 Payment in any Particular Case
In accordance with the D.C.A., subsection 2 (2), a D.C. be calculated, payable and
collected where the development requires one or more of the following:

            “(a) the passing of a zoning 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 9 of the Condominium
                      Act, 1998; or

            (g)       the issuing of a permit under the Building Code Act, 1992 in relation
                      to a building or structure.”

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6.3.2 Determination of the Amount of the Charge
The following conventions be adopted:

      1) Costs allocated to residential uses will be assigned to different types of
         residential units based on the average occupancy for each housing type
         constructed during the past 20 years. Costs allocated to non-residential uses will
         be assigned based on the amount of square feet of gross floor area constructed
         for eligible uses (i.e. industrial, commercial and institutional).

      2) Costs allocated to residential and non-residential uses are based upon a number
         of conventions, as may be suited to each municipal circumstance, as detailed in
         Chapter 4.

6.3.3 Application to Redevelopment of Land (Demolition and
      Conversion)
If a development involves the demolition of and replacement of a building or structure
on the same site, or the conversion from one principal use to another, the developer
shall be allowed a credit equivalent to:

      1) the number of dwelling units demolished/converted multiplied by the applicable
         residential A.S.D.C. in place at the time the A.S.D.C. is payable; and/or

      2) the gross floor area of the building demolished/converted multiplied by the
         current non-residential A.S.D.C. in place at the time the A.S.D.C. is payable.

The credit can, in no case, exceed the amount of A.S.D.C.s that would otherwise be
payable. Moreover, the applicant will need to provide evidence the building was
habitable prior to demolition to be eligible for redevelopment credits.

6.3.4 Exemptions (full or partial)
      a) Statutory exemptions:

            •      industrial building additions of up to and including 50% of the existing gross
                   floor area (defined in O.Reg. 82/98, section 1) of the building; for industrial
                   building additions which exceed 50% of the existing gross floor area, only the

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portion of the addition in excess of 50% is subject to A.S.D.C. (subsection 4
                   (3) of the D.C.A.);
            •      buildings or structures owned by and used for the purposes of any
                   municipality, local board or Board of Education (section 3); and
            •      residential development that results only in the enlargement of an existing
                   dwelling unit, or that results only in the creation of up to two additional
                   dwelling units (based on prescribed limits set out in section 2 of O. Reg.
                   82/98).
            •      The creation of a second dwelling unit in prescribed classes of proposed new
                   residential buildings, including structures ancillary to dwellings, subject to the
                   prescribed restrictions based on prescribed limits set out in s.2 of O.Reg.
                   82/98.

      b) Non-statutory exemptions:

      •     A reduction of 30% in D.C.s is allowed for the affordable housing, as defined in
            the by-law, for any residential dwelling unit for which the purchase price is at
            least 25% less than the average purchase price for the same type of residential
            dwelling unit in the County of Prince Edward and for any residential dwelling unit
            where the monthly rent is at or below the maximum affordable monthly rent
            amount established by the Residential Rental Standers board for the Province of
            Ontario; and
      •     Where Municipal Act Capital charges have been paid under By-law 4019-2017,
            the amount paid will be credited against the A.S.D.C. payable.

6.3.5 Phasing in
No provisions for phasing in the D.C. are provided in the A.S.D.C. by-law.

6.3.6 Timing of Collection
The A.S.D.C. for all services and classes are payable upon issuance of the first building
permit for each dwelling unit, building, or structure, subject to early or late payment
agreements entered into by the municipality and an owner under s.27 of the D.C.A.,
1997.

As of January 1, 2020, rental housing and institutional developments will pay D.C.s in
six equal annual payments commencing at occupancy. Non-profit housing

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developments will pay D.C.s in 21 equal annual payments. Moreover, the D.C. amount
for all developments occurring within 2 years of a Site Plan or Zoning By-law
Amendment planning approval (for applications submitted after January 1, 2020), shall
be determined based on the D.C. in effect on the day of the Site Plan or Zoning By-law
Amendment application.

Installment payments and payments determined at the time of Site Plan or Zoning By-
law Amendment application may be subject to annual interest charges. The County will
be considering the applicable interest rate through the public process prior to the
passage of the A.S.D.C. by-law.

For the purposes of administering the By-law, the following definitions are provided as
per O. Reg. 454-19:

“Rental housing” means development of a building or structure with four or more
dwelling units all of which are intended for use as rented residential premises.

“Institutional development” means development of a building or structure intended for
use,

      a. as a long-term care home within the meaning of subsection 2 (1) of the Long-
          Term Care Homes Act, 2007;
      b. as a retirement home within the meaning of subsection 2 (1) of the Retirement
          Homes Act, 2010;
      c. by any of the following post-secondary institutions for the objects of the
          institution:
           i.   a university in Ontario that receives direct, regular and ongoing operating
                funding from the Government of Ontario,
          ii.   a college or university federated or affiliated with a university described in
                subclause (i), or
         iii.   an Indigenous Institute prescribed for the purposes of section 6 of the
                Indigenous Institutes Act, 2017;
      d. as a memorial home, clubhouse or athletic grounds by an Ontario branch of the
          Royal Canadian Legion; or
      e. as a hospice to provide end of life care.

“Non-profit housing development” means development of a building or structure
intended for use as residential premises by,

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