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The Corporation of the City of Burlington
City of Burlington By-law 81-2024
A By-law to establish Community Benefits Charges for the City of
Burlington, and to repeal By-law 66-2022, Community Benefits
Charges By-law for the City of Burlington.
(F-05-24)
Whereas the City of Burlington (the "City") will experience growth through development
and re-development; and
Whereas Council desires to impose Community Benefits Charges against land to pay
for the capital costs of facilities, services and matters required because of development
or redevelopment in the area to which the by-law applies; and
Whereas the Planning Act, 1990 (the "Act") provides that the council of a municipality
may by by-law impose Community Benefits Charges against higher density residential
development or redevelopment; and
Whereas a Community Benefits Charge strategy report, dated November 4, 2024, has
been completed which identifies the facilities, services and matters that will be funded
with Community Benefits Charges and complies with the prescribed requirements; and
Whereas the City has consulted with the public and such persons and public bodies as
the City considers appropriate; and
Whereas on December 10, 2024, Council for the City of Burlington approved Report F-
05-24, dated December 2, 2024, in which certain recommendations were made relating
to the Community Benefits Strategy and By-law.
The Council of the City enacts as follows:
1. INTERPRETATION
1.1
In this By-law, the following items shall have the corresponding meanings:
"Act" means the Planning Act, R.S.O. 1990, CHAPTER P.13;
"Affordable Residential Unit" means a Dwelling Unit that meets the criteria set out in
subsection 4.1 (2) or 4.1(3) of the Development Charges Act, 1997, c.27 as amended;
"Apartment" means a dwelling unit in an apartment building;
"Apartment Building" means a residential building or the residential portion of a mixed-
use building consisting of more than 3 dwelling units, which dwelling units have a
common entrance to grade, but does not include a triplex, duplex, or townhouse.
Notwithstanding the forgoing an Apartment Building includes a Stacked Townhouse;
"Attainable Residential Unit" means a Dwelling Unit that meets the criteria set out in
subsection 4.1(4) of the Development Charges Act, 1997, c.27 as amended;
"Bedroom" means a habitable room of at least seven (7) square metres, including a
den, loft, study, or other similar area, but does not include a kitchen, bathroom, living
room, family room, or dining room;
"Building" means any structure or building as defined in the Ontario Building Code (O
Reg 332/12 under the Building Code Act, but does not include a vehicle;
"Building Code Act" means the Building Code Act, 1992, SO 1992, c 23 as amended;
"Capital Costs" means growth-related 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 Local Board,
(a) to acquire land or an interest in land, including a leasehold interest,
(b) to improve land,
(c) to acquire, lease, construct or improve buildings and structures,
(d) to acquire, construct or improve facilities including,
(i)
furniture and equipment, and
(ii)
rolling stock;
(e) to undertake studies in connection with any of the matters referred to in clauses
(a) to (d) above, including the Community Benefits Charge strategy study,
required for the provision of Services designated in this By-law within or outside the
City, including interest on borrowing for those expenditures under clauses (a) to (e)
above;
"City" means The City of Burlington or the geographic area of the municipality, as the
context requires;
"Community Benefits Charge" means a charge imposed pursuant to this By-law;
"Council" means the Council of the City of Burlington;
"Development" means the construction, erection, or placing of one or more Buildings or
structures on land or the making of an addition or alteration to a building or structure
that has the effect of increasing the size or usability thereof or any development
requiring any of the actions described in subsection 2.4(a), and includes
Redevelopment;
"Dwelling Unit" means a room or suite of rooms used, or designed or intended for use
by one person or persons living together, in which culinary and sanitary facilities are
provided for the exclusive use of such person or persons;
"Grade" means the average level of proposed or finished ground adjoining a building at
all exterior walls;
"Land" (or "Lot") means, for the purposes of this By-law, the lesser of the area defined
as:
(a) The whole of a parcel of property associated with the Development or
Redevelopment and any abutting properties in which a person holds the fee or
equity of redemption in, power or right to grant, assign or exercise a power of
appointment in respect of, or;
(b) The whole of a lot or a block on a registered plan of subdivision or a unit within a
vacant land condominium that is associated with the Development or
Redevelopment;
But not including any hazard lands, natural heritage features, or ecological buffers
identified in the City's Official Plan, an approved Secondary Plan, or through an
environmental impact study accepted by the City.
"Owner" means the owner of Land or a person who has made application for an
approval for the Development of land for which a Community Benefits Charge may be
imposed;
"Prescribed" means prescribed in the regulations made under the Act;
"Redevelopment" means the construction, erection or placing of one or more Buildings
on Land where all or part of a Building on such Land has previously been demolished,
or changing the use of a Building from a Non-Residential Use to a Residential Use, or
changing a Building from one form of Residential Use to another form of Residential
Use and including any development or redevelopment requiring any of the actions
described in subsection 2.4(a);
"Residential Unit" means a room or suite of rooms used, or designed or intended for use
by one person or persons living together, in which culinary and sanitary facilities are
provided for the exclusive use of such person or persons;
"Residential Use" means lands, buildings or structures used, or designed or intended for
use as a home or residence of one or more individuals, and shall include, but is not
limited to, a single detached dwelling, a semi detached dwelling, a townhouse, a plex, a
stacked townhouse, an apartment building, a mobile home, a retirement residence and
a residential dwelling unit accessory to a non-residential use;
"Service" means a service designated in subsection 1.3, and "Services" shall have a
corresponding meaning;
"Stacked Townhouse" means a building containing two or more dwelling units, each
dwelling separates horizontally and/or vertically from another dwelling unit by a common
wall;
"Storey" means the portion of a building, excluding roof top enclosure space used for no
other purpose than roof top access, and/or elevators and other building service
equipment, that is:
(a) that is situated between the top of any floor and the top of the floor next above it,
or
(b) that is situated between the top of the floor and the ceiling above the floor, if
there is no floor above it.
"Valuation date" means, with respect to land that is the subject of development or
redevelopment,
(a) the day before the day the building permit is issued in respect of the development
or redevelopment, or
(b) if more than one building permit is required for the development or
redevelopment, the day before the day the first permit is issued.
"Zoning By-Law" means any by-laws enacted by the City under section 34 of the
Planning Act.
1.2
The reference to any applicable statute, regulation, by-law, or to the Official
Plan in this Community Benefits Charge By-law shall be deemed to refer to the
statute, regulation, by-law, and/or Official Plan as they may be amended from
time to time and shall be applied as they read on the date on which Community
Benefits Charges are due to the City.
Designation of Services
1.3
A Community Benefits Charge may be imposed in respect of the following:
(a) Land for park or other public recreational purposes in excess of lands dedicated
or cash-in-lieu payments made under section 42 or subsection 51.1 of the
Planning Act.
(b) Services not provided under subsection 2(4) of the Development Charges Act.
(c) As per the November 4, 2024, Community Benefits Charges Strategy, the City
intends to recover Capital Costs relating to the following services through this by-
law:
(i)
Parkland.
2. PAYMENT OF COMMUNITY BENEFITS
2.1
Community Benefits Charge shall be payable by the Owner of Land proposed
for Development in the amounts set out in this By-law where:
(a) the Land proposed for Development is located in the area described in
subsection 3.2; and
(b) the proposed Development requires any of the approvals set out in subsection
2.4(a).
Area to Which By-law Applies
2.2
Subject to subsection 2.3, this By-law applies to all lands in the City.
2.3
This By-law shall not apply to lands that are owned by and used for the
purposes of:
(a) The City or a Local Board thereof;
(b) a Board of Education;
(c) The Region of Halton, or a Local Board thereof.
Approval for Development
2.4
(a) A Community Benefits Charge shall be imposed only with respect to
Development that requires one or more of the following approvals:
(i)
the passing of a Zoning By-Law or of an amendment to a Zoning By-Law
under section 34 of the Planning Act;
(ii)
the approval of a minor variance under section 45 of the Planning Act;
(iii)
a conveyance of land to which a by-law passed under subsection 50(7) of
the Planning Act applies;
(iv)
the approval of a plan of subdivision under section 51 of the Planning Act;
(v)
a consent under section 53 of the Planning Act;
(vi)
the approval of a description under section 9 of the Condominium Act,
1998, SO 1998, c 19, as amended, or any successor thereof; or
(vii)
the issuing of a permit under the Building Code Act, 1992 in relation to a
building or structure.
(b) Despite subsection 2.4(a) above, a Community Benefits Charge shall not be
imposed with respect to:
(i)
Development of a proposed building or structure with fewer than five
storeys at or above ground;
(ii)
Development of a proposed building or structure with fewer than 10
residential units;
(iii)
Redevelopment of an existing building or structure that will have fewer
than five storeys at or above ground after the redevelopment;
(iv)
Redevelopment that proposes to add fewer than 10 residential units to an
existing building or structure; or
(v)
such types of Development or Redevelopment as are prescribed.
(c) For the purposes of this section, the first Storey at or above ground is the Storey
that has its floor closest to Grade and its ceiling more than 1.8m above Grade.
Exemptions
2.5
Notwithstanding the provisions of this By-law, Community Benefits Charges
shall not be imposed with respect to:
(a) Development or Redevelopment of a building or structure intended for use as a
long-term care home within the meaning of subsection 2(1) of the Long-Term
Care Homes Act, 2007
(b) Development or Redevelopment of a building or structure intended for use as a
retirement home within the meaning of subsection 2(1) of the Retirement Homes
Act, 2010;
(c) Development or Redevelopment of a building or structure intended for use 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
subparagraph (i);
(iii)
an Indigenous Institute prescribed for the purposes of section 6 of the
Indigenous Institutes Act, 2017.
(d) Development or Redevelopment of a building or structure intended for use as a
memorial home, clubhouse or athletic grounds by an Ontario branch of the Royal
Canadian Legion.;
(e) Development or Redevelopment of a building or structure intended for use as a
hospice to provide end-of-life care;
(f) Development or Redevelopment of a building or structure intended for use as
residential premises by any of the following entities:
(i)
a corporation to which the Not-for-Profit Corporations Act, 2010 applies,
that is in good standing under that Act and whose primary object is to
provide housing;
(ii)
a corporation without share capital to which the Canada Not-for-profit
Corporations Act applies, that is in good standing under that Act and
whose primary object is to provide housing;
(iii)
a non-profit housing co-operative that is in good standing under the Co-
operative Corporations Act.
Amount of Charge
2.6
The amount of a Community Benefits Charge payable in any particular case
shall be determined as follows:
(a)
Where there is Development or Redevelopment other than that described in
subsection 2.4(b) and which requires one or more of the approvals set out in
subsection 2.4(a), on land to which this By-law applies, the Community Benefits
Charges payable pursuant to this By-law shall be four (4) percent of the value of
the land being developed as of the Valuation date.
(b) Land referred to in subsections 2.6(a) and 2.6(c) means the entire Parcel or
Parcels on which the Development or Redevelopment is occurring regardless of
whether the Development or Redevelopment is only on a part of the Parcel or
Parcels or is a phase of a Development or Redevelopment.
(c) If a Development or Redevelopment consists of two or more above grade
Buildings that will not be constructed concurrently, will be subject to separate
building permits and are anticipated to be completed at different times, each
phase of the Development or Redevelopment is deemed to be a separate
Development or Redevelopment for the purposes of this By-law. The Community
Benefits Charges for the first of the above grade Buildings will be calculated in
accordance with subsection 2.6(a). For each subsequent above grade Building
the Community Benefits Charges payable shall be calculated as follows:
4% of the value of the land being developed as of the Valuation Date minus the
Community Benefits Charges payable for the previous above grade Building(s).
If the difference in the aforesaid calculation is zero or a negative value no
Community Benefits Charge is payable, and no credit or refund will be payable.
(d) Notwithstanding subsections (a), (b), or (c), the amount of a Community Benefits
Charge payable in any particular case shall not exceed an amount equal to the
prescribed percentage of the value of the land, as of the Valuation date,
multiplied by the ratio of "A" to "B" where, "A" is the floor area of any part of a
building or structure, which part is proposed to be erected or located as part of
the Development or Redevelopment, and "B" is the floor is the floor area of all
buildings and structures that will be on the land after the Development or
Redevelopment.
(e) Development or redevelopment that includes affordable residential units,
attainable residential units, or residential units described in subsection 4.3(2) of
the Development Charges Act, the Community Benefits Charge applicable to
such a development or redevelopment shall not exceed the amount determined
under subsection 37(32) multiplied by the ratio of A to B where:
"A" is the gross floor area of all buildings that are part of the Development or
Redevelopment minus the gross floor area of all affordable residential units,
attainable residential units and residential units described in subsection 4.3
(2) of the Development Charges Act; and
"B" is the gross floor area of all buildings that are part of the Development or
Redevelopment."
In-Kind Contributions
2.7
The City may, at its discretion, allow an Owner of Land to provide to the City
facilities, services or matters required because of Development or
Redevelopment in the area to which the By-law applies in lieu, or partially in lieu
of a Community Benefits Charge that would otherwise be payable.
2.8
For in-kind contributions pursuant to the preceding subsection to be considered,
an application for consideration of in-kind contributions must be submitted to the
City with supporting documentation as to the suggested value thereof no less
than 180 days prior to the first building permit being granted for the proposed
Development or Redevelopment.
2.9
In-kind contributions pursuant to subsection 2.7 shall only be accepted as if the
same are approved by resolution of Council. The determination of Council as to
whether in-kind contributions shall be accepted in full or partial satisfaction of
Community Benefits Charges shall be final and binding.
2.10
The value attributed to an in-kind contribution under subsection 2.7 shall be as
determined by Council, based on one or more third-party valuations to the
satisfaction of Council. Council's determination of the value to be attributed to
any in-kind contribution shall be final and binding.
Time of Payment of Community Benefits Charges
2.11
Community Benefits Charges imposed under this By-law shall be payable prior
to the issuance of any building permit for the proposed Development or
Redevelopment.
Interest on Refunds
2.12
If it is determined that a refund is required, the City shall pay interest on a refund
in accordance with subsections 37(28) and 37(29) of the Act at a rate not less
than the prescribed minimum interest rate, from the day the amount was paid to
the municipality to the day it is refunded.
3. SEVERABILITY
3.1
If, for any reason, any provision of this By-law is held to be invalid, it is hereby
declared to be the intention of Council that all the remainder of this By-law shall
continue in full force and effect until repealed, re-enacted, amended or modified.
4. DATE BY-LAW IN FORCE
4.1
This By-law shall come into effect at 12:01 A.M. on January 1, 2025.
5. REPEAL
5.1
By-law 66-2022 is hereby repealed upon the coming into force of this By-law.
Passed this 10th day of December, 2024
Mayor Marianne Meed Ward
City Clerk Samantha Yew