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The Corporation of the Town of East Gwillimbury
By-law 2024-033
Being a By-law for the imposition of town-wide development charges
Whereas subsection 2(1) of the Development Charges Act, 1997, S.O. 1997, c. 27
(hereinafter called the "Act") provides that the council of a municipality may by by-law
impose development charges against land to pay for increased capital costs required
because of increased needs for services arising from the development of the area to
which the by-law applies; and
Whereas the Council of The Corporation of the Town of East Gwillimbury (hereinafter
called the "Town") held a public meeting on April 9, 2024 to consider the enactment of a
municipal-wide development charge by-law, in accordance with section 12 of the Act;
and
Whereas the Council of the Town has given notice in accordance with section 12 of the
Act, of its intention to pass a by-law under section 2 of the said Act; and
Whereas a development charges background study dated February 9, 2024 has been
prepared ("the background study"), that indicates that the development of any land
within the Town of East Gwillimbury will increase the need for services as defined
herein; and
Whereas copies of the background study and the proposed development charges by-
law were made available to the public in accordance with section 12 of the Act; and
Whereas the Council of the Town has heard all persons who applied to be heard and
received written submissions whether in objection to, or in support of, the development
charges proposal at the public meeting held on April 9, 2024; and
Whereas on April 23, 2024, Council approved the Report titled "2024 Town-wide and
Area-specific Development Charge Background Studies and By-laws", thereby updating
its capital forecast where appropriate and indicated that it intends to ensure that the
increase in the need for services to service the anticipated development will be met; and
Whereas at its meeting held on April 23, 2024, Council expressed its intention that
infrastructure related to post-2051 development shall be paid for by development
charges; and
Whereas Council has indicated its intent that the future excess capacity identified in the
Development Charges Background Study, dated February 9, 2024, shall be paid for by
development charges; and
Whereas at its meeting held on April 23, 2024, Council approved the background study
and determined that no further public meetings were required under section 12 of the
Act.
Now therefore the Municipal Council of The Corporation of the Town of East Gwillimbury
enacts as follows:
DEFINITIONS
1.
In this by-law,
(1)
"Act" means the Development Charges Act, 1997, S.O.
1997, c. 27, as amended or any successors thereto;
(2)
"accessory use" means that the use, building or structure is
naturally and normally incidental to or subordinate in
purpose or both, and exclusively devoted to a principal use,
building or structure;
(3)
"agreement" means a contract between the municipality and
an owner and includes any amendment thereto;
(4)
"apartment building" means a residential building, other than
a hotel, containing more than four dwelling units where the
residential units are connected by an interior corridor;
(5)
"apartment dwelling unit" means a dwelling unit in a duplex,
triplex, fourplex, stacked townhouse,or apartment building,
as these terms are defined in this by-law;
(6)
"Bank of Canada rate" means the interest rate established by
the Bank of Canada in effect on the date of the enactment of
this by-law, as adjusted in accordance with this by-law;
(7)
"building" means a structure occupying an area greater than
ten square metres (10m2) consisting of a wall, roof and floor
or any of them or a structural system serving the function
thereof, and includes an above- grade storage tank and an
industrial tent;
(8)
"Building Code Act" means the Building Code Act, S.O.
1992, c. 23, as amended, or any successor thereto;
(9)
"capital cost" means costs incurred or proposed to be
incurred by the municipality or a local board thereof directly
or under an agreement, required for the provision of services
designated in the by-law within or outside of the municipality;
(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, lease, construct or improve facilities including,
(i)
rolling stock with an estimated life of seven (7) or more
years,
(ii)
furniture
and
equipment,
other
than
computer
equipment; and
(iii)
materials acquired for circulation, reference or
information purposes by a library board as
defined in the Public Libraries Act; and
(e)
to undertake studies in connection with any matter under
the Act and any of the matters in clauses (a) to (d);
(f)
to prepare the development charge background study
required before the enactment of this by-law; and
(g)
to recoup interest paid on money borrowed to pay
for the costs described in clauses (a) to (d).
(10)
"council" means the council of the municipality;
(11)
"derelict building" means a building or structure that is
vacant, neglected, poorly maintained, and unsuitable for
occupancy which may include a building or structure that:
(a)
is in a ruinous or dilapidated condition;
(b)
the condition of which seriously depreciates the
value of land or buildings in the vicinity;
(c)
is in such a state of non-repair as to be no longer
suitable for human habitation or business
purposes;
(d)
is an allurement to children who may play there to their
danger;
(e)
constitutes a hazard to the health or safety of the public;
(f)
is unsightly in relation to neighbouring properties
because the exterior finish of the building or
structure is not maintained, or:
(g)
is a fire hazard to itself or to surrounding lands or buildings;
(12)
"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, and includes
redevelopment;
(13)
"development charge" means a charge imposed under this by-
law adjusted in accordance with section 15;
(14)
"duplex" means a building that is divided horizontally into two
dwelling units, each of which has an independent entrance
either directly to the outside or through a common vestibule;
(15)
"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,
excluding a hotel;
(16)
"farm building" means that part of a bona fide farming
operation
encompassing
barns,
silos
and
other
development ancillary to an agricultural use, but excluding a
residential use, a retail use associated therewith or a
commercial greenhouse;
(17)
"fourplex" means a building that is divided horizontally or a
combination of vertically and horizontally into four dwelling
units, each of which has an independent entrance either
directly to the outside or through a common vestibule;
(18)
"grade" means the average level of finished ground adjoining
a building or structure;
(19)
"gross floor area" means in the case of a non-residential
building or structure or the non-residential portion of a mixed-
use building or structure, the aggregate of the areas of each
floor, whether above or below grade, measured between the
exterior faces of the exterior walls of the building or structure
or from the centre line of a common wall separating a non-
residential and a residential use, excluding, in the case of a
building or structure containing an atrium, the sum of the
areas of the atrium at the level of each floor surrounding the
atrium above the floor level of the atrium, and, for the purposes
of this definition, notwithstanding any other section of this By-
law, the non-residential portion of a mixed-use building is
deemed to include one-half of any area common to the
residential and non- residential portions of such mixed-use
building or structure;
(20)
"group home" means a residential building or the residential
portion of a mixed use building containing a single
housekeeping unit supervised on a 24 hour a day basis on
site by agency staff on a shift rotation basis, funded wholly or
in part by any governmental and licensed, approved or
supervised by the Province of Ontario under any general or
special act, for the accommodation of not less than 3 and not
more than 8 residents, exclusive of staff;
(21)
"heritage building" means an individual building or structure
designated under Part IV of the Ontario Heritage Act, R.S.O.
1990, c. O.18, or any successor legislation, or a building or
structure designated under Part V of the Ontario Heritage
Act, R.S.O. 1990, c. O.18, or any successor legislation,
which has been identified as a significant heritage resource in
a conservation district plan or a building or structure listed in the
Town of East Gwillimbury Inventory of Heritage Buildings;
(22)
"industrial" means lands, buildings or structures used or
designed or intended for use for manufacturing, processing,
fabricating or assembly of raw goods, warehousing or bulk
storage of goods, and includes office uses and the sale of
commodities to the general public where such uses are
accessory to an industrial use, but does not include the sale
of commodities to the general public through a warehouse
club;
(23)
"institutional" means lands, buildings or structures used or
designed or intended for use by an organized body, society
or religious group for promoting a public or non-profit
purpose and shall include, without limiting the generality of
the foregoing, places of worship, medical clinics and special
care facilities;
(24)
"large apartment" means an apartment dwelling unit that is
700 square feet or larger in size;
(25)
"live-work unit" means a unit which contains separate
residential and non- residential areas intended for both
residential and non-residential uses concurrently, and
shares a common wall with direct access between the
residential and non-residential areas;
(26)
"local board" means a local board as defined in the Act;
(27)
"local services" means those services, facilities or things which
are intended to be under the jurisdiction of the municipality and
are within the boundaries of or related to or are necessary to
connect lands to services and an application has been made
in respect of the lands under Sections 51 or 53 of the Planning
Act, R.S.O. 1990, c. P. 13, as amended, or any successor
legislation;
(28)
"mixed-use development" means a building or structure used,
designed or intended for a combination of residential and
non-residential uses;
(29)
"mobile home" means any dwelling that is designed to be made
mobile, and constructed or manufactured to provide a
permanent residence for one or more persons, but does not
include a travel trailer or tent trailer;
(30)
"multiple dwelling unit" includes townhouses, mobile homes,
group homes and all other residential uses that are not
included in the definition of "single detached dwelling", a
"semi-detached dwelling", "large apartment" and "small
apartment" and excluding a hotel;
(31)
"municipality" means The Corporation of the Town of East
Gwillimbury;
(32)
"non-profit housing development" means development of a
building or structure intended for use as residential premises by
a. a corporation without share capital to which the Corporations
Act (Ontario) applies, that is in good standing under that Act
and whose primary object is to provide housing;
b. a corporation without share capital to which the Not-for-profit
Corporations Act, 2010 (Ontario) applies, that is in good
standing under that Act and whose primary object is to provide
housing; or
c. 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;
or
d. a non-profit housing co-operative that is incorporated or
continued under the Co- operative Corporations Act (Ontario),
that is in good standing under that Act and whose primary
objective is to provide housing;
(33)
"non-residential" means lands, buildings or structures or
portions thereof used, or designed or intended for other than
residential use, including the non-residential portion of a live-
work unit;
(34)
"office" means premises used for conducting the affairs of
businesses, professions, services, industries, governments,
or like activities, in which the chief product of labor is the
processing and/or storage of information rather than the
production and distribution of goods. For the purposes of this
definition, research establishments and data processing
facilities are considered to be offices;
(35)
"owner" means the owner(s) of land or a person(s) who has
made application for an approval for the development of
land upon which a development charge is imposed;
(36)
"place of worship" means a building or structure that is used
primarily for worship;
(37)
"Planning Act" means the Planning Act, R.S.O. 1990, c. P.13,
as amended or any successor thereto;
(38)
"public hospital" means that part of a building or structure that
is defined as a public hospital under the Public Hospitals Act,
R.S.O. 1990, c. P.40;
(39)
"private school" means an educational institution operated on
a non-profit basis, excluding any dormitory or residence
necessary to such private school, that is used primarily for
the instruction of students in courses of study approved or
authorized by the Minister of Education and Training;
(40)
"redevelopment" means the construction, erection or placing of
one or more buildings or structures on land where all or part
of a building or structure has previously been demolished on
such land, or changing the use of a building or structure from
residential
to
non-residential,
from
non-residential
to
residential or Non-Retail to Retail and vice versa;
(41)
"Region" means the Regional Municipality of York;
(42)
"regulation" means any regulation made pursuant to the Act;
(43)
"rental housing" means a building with four or more dwelling
units, all of which are intended for use as rented residential
premises;
(44)
"residential" means lands, buildings or structures used,
designed or intended for use as a residence for one or more
individuals, and shall include, but is not limited to a single
detached dwelling, a semi-detached dwelling, a townhouse,
a stacked townhouse, an apartment dwelling unit, a group
home, a multiple dwelling unit, a mobile home, a residential
dwelling unit accessory to a non-residential use, and the
residential portion of a live-work unit, but shall not include a
lodging house licensed by a municipality or a hotel;
(45)
"retail use" means premises used or designed or intended
for use for the sale or rental or offer for sale or rental of goods
or services to the general public for consumption or use and
shall include, but not be limited to, a banquet hall or a funeral
home, but shall exclude offices;
(46)
"self storage building" means a building or part of a building
consisting of individual storage units, which are accessible by
the users, that are used to provide storage space to the
public;
(47)
"semi-detached dwelling" means a residential building divided
vertically into and comprising two dwelling units, each of
which has a separate entrance and access to grade;
(48)
"services" means services designated in this by-law or in an
agreement under section 44 of the Act;
(49)
"single detached dwelling" means a completely detached
residential building consisting of one dwelling unit;
(50)
"small apartment" means an apartment dwelling unit that is
less than 700 square feet in size;
(51)
"special care facilities" means lands, buildings or structures
used or designed or intended for use for the purpose of
providing residential accommodation, supervision, nursing
care or medical treatment, which do not comprise dwelling
units, that are licensed, approved or supervised under any
special or general Act;
(52)
"stacked townhouse" means a residential building, other
than a duplex, triplex or fourplex, townhouse or apartment
building, containing at least 3 dwelling units, each dwelling
unit being separated from the other vertically and/or
horizontally and each dwelling unit having an entrance to
grade shared with no more than 3 other units;
(53)
"temporary buildings or structures" means a building or
structure designed or constructed, erected or placed on land
and which is demolished or removed from the lands within
36 months of building permit issuance;
(54)
"temporary sales centre" means a building or structure,
including a trailer, that is designed or intended to be
temporary, or otherwise intended to be removed from the
land or demolished after use and which is used exclusively
as an office or presentation centre, or both, for new building
sales and is to be removed within 60 days after occupancy
of last unit;
(55)
"townhouse" means a residential building other than an
apartment building, that is vertically divided into a minimum
of three dwelling units, each of which has an independent
entrance to grade , and each of which shares a common wall
with adjoining dwelling units above grade;
(56)
"triplex" means a building that is divided horizontally or a
combination of horizontally and vertically into three dwelling
units, each of which has an independent entrance to the
outside or through a common vestibule.
SCHEDULE OF DEVELOPMENT CHARGES
2.
(1)
Subject to the provisions of this by-law, a development
charge against land shall be calculated and collected in
accordance with the rates set out in Schedule "B", which
relate to the services set out in Schedule "A".
(2)
The development charge with respect to the use of any land,
buildings or structures shall be calculated as follows:
(a)
In the case of residential development, including a
dwelling
unit
accessory
to
a
non-residential
development, or the residential portion of a mixed-use
development, based upon the number and type of
dwelling units; and
(b)
In the case of non-residential development, based
upon the gross floor area of the building or structure or
part thereof to be used for the non-residential
development.
(3)
Council hereby determines that the development of land,
buildings or structures for residential and non-residential uses
will require the provision, enlargement, expansion or
improvement of the services referenced in Schedule "A".
APPLICABLE LANDS
3.
(1)
This by-law applies to all lands within the Town of East
Gwillimbury whether or not the land or use is exempt from
taxation under s. 3 of the Assessment Act, R.S.O. 1990, c.
A.31, as amended, or any successor thereto.
(2)
The development of land within the Town may be subject to
one or more development charges by-laws of the Town.
(3)
This by-law shall not apply to land, buildings or structures
within the municipality that are owned by or used by:
(a)
a board of education as defined by subsection 1(1) of
the Education Act, R.S.O. 1990, c. E.2, as amended, or
any successor thereto;
(b)
the municipality or any local board thereof;
(c)
the Region or any local board thereof;
(4)
This by-law shall not apply to land, buildings, or structures
within the municipality that are used for the purposes of:
(a)
the relocation of a heritage building;
(b)
a public hospital receiving aid under the Public Hospitals
Act, R.S.O. 1990, c. M.19, as amended, or any
successor thereto;
(c)
a place of worship
(d)
a mobile temporary sales centre;
(e)
farm buildings
(f)
a university, a college of applied arts and technology
or post- secondary institution in Ontario;
(g)
a private school; and
(h)
a temporary building or structure provided that:
(i)
the status of the building or structure as a
temporary building or structure is maintained in
accordance with the provisions of this by-law;
(ii)
upon application being made for the issuance of a
permit under the Building Code Act, 1992 in
relation to a temporary building or structure on
land to which a development charge applies, the
owner shall submit security in the form of cash or a
letter of credit satisfactory to the Town Treasurer
in the full amount of the development charges
otherwise payable, to be drawn upon in the event
that the temporary building or structure is not
removed or demolished within 36 months of
building permit issuance and
development
charges thereby become payable;
(iii)
On or before 36 months from the date of issuance
of a building permit, the owner shall provide, to
the Town Treasurer's satisfaction, evidence that
the
temporary
building
or
structure
was
demolished
or
removed
from
the
lands,
whereupon the Town shall return the security to
the owner without interest;
(iv) In the event the owner does not provide satisfactory
evidence of such demolition or removal of the
temporary building or structure within 36 months of
building permit issuance it shall be deemed
conclusively not to be, nor ever to have been, a
temporary building or structure for the purposes of
this by-law and, subject to any agreement entered
into pursuant to section 10 of this by- law, the Town
shall, without prior notification to the owner,
transfer the cash or draw upon the letter of credit
provided pursuant to clause (ii) above and transfer
the amount so drawn into the appropriate
development charges reserve funds; and
(v)
The timely provision of satisfactory evidence of the
demolition or removal of the temporary building or
structure shall be solely the owner's responsibility.
(5)
This by-law shall not apply to development creating or adding
an accessory use or structure not exceeding 100 square
metres of gross floor area;
(6)
This by-law does not apply with respect to approvals related
to the residential development of land, buildings or structures
that would have the effect only of:
(a)
Permitting the enlargement of an existing dwelling unit;
(b)
Creating one or two additional dwelling units in an
existing single detached dwelling;
(c)
Creating one or two additional dwelling units in an
existing dwelling unit in a semi-detached dwelling; or
(d)
Creating one additional dwelling unit in any other
existing residential building, not including a mixed-use
building.
(7)
(a)
Notwithstanding clauses (b) to (d) inclusive of
subsection 3(6), a development charge shall be
imposed and payable with respect to the creation of any
additional dwelling units if the cumulative gross floor
area of the additional dwelling units exceeds the gross
floor area of the existing dwelling unit referred to in
clauses (b) and (c) of subsection 3(6) or the smallest
existing dwelling unit in the existing residential building,
referred to in clause (d) of subsection 3(6).
(b)
For the purposes of sections 3(6) and 3(7) of this by-
law, "existing" dwelling unit shall refer to the original unit
on the lot, prior to the first expansion.
(c)
For the purposes of determining the gross floor area of
an existing dwelling unit pursuant to clause (a) of
subsection 3(7), the gross floor area shall be the
maximum gross floor area of the dwelling unit that
existed in the three years preceding the application for
a building permit in respect of the additional dwelling
unit.
(8)
For the purposes of the exemption for enlargement of
existing industrial buildings set out in section 4 of the Act, the
following provisions shall apply;
(a)
For the purpose of this subsection 3(8), "gross floor
area" and "existing industrial building" shall have the
same meaning as those terms have in O. Reg. 82/98
under the Act, as amended;
(b)
For the purposes of interpreting the definition of
"existing industrial building" contained in the regulation,
regard shall be had for:
(i)
the classification of the lands pursuant to the
Assessment Act,
R.S.O. 1990, c. A.31 or successor legislation, and
in particular whether more than 50 per cent of the
gross floor area of the building or structure has
an industrial tax class code for assessment
purposes; and
(ii)
the legal existence of said structure through the
building permitting process.
(c)
Notwithstanding clause 3(8)(b) above, distribution
centres, warehouses other than retail warehouses, the
bulk storage of goods and truck terminals shall be
considered to be industrial uses or buildings;
(d)
The gross floor area of an existing industrial building
shall be defined as the gross floor area of the industrial
building as it existed prior to the first enlargement in
respect of that building;
(e)
The enlargement of the gross floor area of the existing
building must be attached to the existing industrial
building;
(f)
The enlargement must not be attached to the existing
industrial building by means only of a tunnel, bridge,
passageway, canopy, shared below grade connection,
such as a service tunnel, foundation, footing or parking
facility;
(g)
The enlargement shall be for a use for or in connection
with an industrial purpose as set out in this by-law;
(h)
If the enlargement complies with the provisions of this
subsection 3(8) and is equal to 50 per cent or less of the
gross floor area of an existing industrial building, the
amount of the development charge in respect of the
enlargement is nil; and
(i)
If the enlargement is more than 50 per cent of the gross
floor area of an existing industrial building, and it
otherwise complies with the provisions of this
subsection 3(8), development charges are payable on
the amount by which the enlargement exceeds 50 per
cent of the gross floor area of the existing building
before the enlargement.
(9)
Clauses (b) and (d) to (i) inclusive of subsection 3(8) shall
apply, with necessary modifications, to an enlargement of an
existing office.
(10)
In the case of lands, buildings or structures used or designed
or intended for use for both non-retail uses and retail uses,
the development charges otherwise applicable to such
development shall be determined on the following basis:
(a)
as between the non-retail uses and the retail uses, the
principal use of the development shall be that use
which has the greater gross floor area, such principal
use being the use of 55% or greater of the total gross
floor area. If no single use has 55% or greater of the
total gross floor area, then the development charge
payable on the total gross floor area shall be the
average
of
the
two
retail
and
industrial/office/institutional charges payable;
(b)
the development charges applicable to such principal
use as determined under paragraph (a), provided that
there is a principal use determined under paragraph
(a), shall be applied to the total non-residential gross
floor area of the development;
APPROVALS FOR DEVELOPMENT
4.
A development charge shall apply to, and shall be calculated and
collected in accordance with the provisions of this by-law on land to be
developed for residential and non-residential use, where the
development requires,
(1)
the passing of a zoning by-law or an amendment thereto under
section 34 of the Planning Act or successor legislation;
(2)
the approval of a minor variance under section 45 of the
Planning Act or successor legislation;
(3)
a conveyance of land to which a by-law passed under subsection
50(7) of the
Planning Act or successor legislation applies;
(4)
the approval of a plan of subdivision under section 51 of the
Planning Act or successor legislation;
(5)
a consent under section 53 of the Planning Act or successor
legislation;
(6)
the approval of a description under the Condominium Act, R.S.O.
1991, c. C.
26 or the Condominium Act, 1998, S.O. 1998, c. 19 as
amended, or successor legislation; or
(7)
the issuing of a permit under the Building Code Act, or
successor legislation, in relation to a building or structure.
LOCAL SERVICE INSTALLATION
5.
Nothing in this by-law prevents Council from requiring, as a condition of
an approval under section 51 or 53 of the Planning Act, that the owner, at
his or her own expense, shall install or pay for such local services related
to or within the plan of subdivision or related to the severance of the lands,
as council may require, or that the owner pay for local connections to
water mains, sanitary sewers and/or storm drainage facilities installed at
the owner's expense, or administrative, processing, or inspection fees.
MULTIPLE CHARGES
6.
(1)
Where two or more of the actions described in section 4 are
required before land to which a development charge applies
can be developed, only one development charge shall be
calculated and collected in accordance with the provisions of
this by-law.
(2)
Notwithstanding subsection 6(1), if two or more of the actions
described in section 4 occur at different times, and if the
subsequent action results in increased, additional or different
development, then additional development charges on any
additional residential units and/or non-residential gross floor
area shall be calculated and collected in accordance with
the provisions of this by-law.
(3)
If a development does not require a building permit but does
require one or more of the approvals described in section 4,
then, the development charge shall nonetheless be payable
in respect of any increased, additional or different
development permitted by such approval.
CREDIT FOR PROVISION OF SERVICES
7.
As an alternative to the payment by the means required under Section 10,
council may, by agreement entered into with the owner, accept the
provision of services in full or partial satisfaction of the development
charges otherwise payable. Such agreement shall further specify that
where the municipality agrees to allow the performance of work that relates
to a service, the municipality shall give to the person performing the work
a credit equal to the reasonable cost of doing the work against the
development charge otherwise applicable to the development, without
interest, unless such interest is specifically authorized by council, provided
such credit shall not exceed the total amount of development charges
payable by an owner to the municipality and provided that no such credit
shall be given for any part of the cost of services that relates to an increase
in the level of service that exceeds the average level of service described
in paragraph 4 of subsection 5(1) of the Act. The reasonable cost of doing
the work and the amount of the credit therefore, shall be finally
determined by the Town's General Manager of Infrastructure and
Environmental Services.
REDUCTION OF CHARGE FOR REDEVELOPMENT
8.
Where, as a result of the redevelopment of land, a building or structure
existing on the land within 60 months prior to the date of the payment of
development charges in regard to such redevelopment was, or is to be
demolished, in whole or in part, or converted from one principal use to
another, in order to facilitate the redevelopment, the development
charges otherwise payable with respect to such redevelopment shall be
reduced by the following amounts:
(1)
In the case of a residential building or structure, or in the case
of a mixed- use building or structure, the residential uses in
the mixed-use building or structure, an amount calculated by
multiplying the applicable development charge pursuant to
this by-law by the number and type of dwelling units that have
been demolished or converted to another principal use; and
(2)
In the case of a non-residential building or structure or, in the
case of mixed- use building or structure, the non-residential
uses in the mixed use building or structure, an amount
calculated by multiplying the applicable development
charges pursuant to this by-law by the gross floor area that
has been demolished or converted to another principal use.
(3)
Notwithstanding section 8(1) and 8(2), where the Council of the
municipality deems a property to contain a derelict building or
structure and that it is in the best interest of the community for
the derelict building to be demolished, the Council of the
municipality may extend the reduction of development
charges to a maximum of 120 months from the date of the
demolition permit to the date of the building permit to facilitate
redevelopment.
(4)
Despite any other provision in this by-law, any reduction is
allowed against a development charge otherwise payable
pursuant to this by-law shall not exceed in total the amount of
the development charge otherwise payable pursuant to this
by-law.
(5)
For the purposes of section 8, the onus is on the applicant
to produce evidence to the satisfaction of the Town, acting
reasonably to establish the following:
(a)
The number of dwelling units that have been or will be
demolished or converted to another principal use: or
(b)
The non-residential gross floor area that has been or
will be demolished or converted to another principal
use; and
(c)
In the case of a demolition, that the dwelling units
and/or non- residential gross floor area were
demolished with 60 months prior to the date of the
payment of development charges in regard to the
redevelopment. The 60 month time frame shall be
calculated from the date of the issuance of the
demolition permit.
CREDITS, EXEMPTIONS, RELIEF AND ADJUSTMENTS NOT
CUMULATIVE
9.
Only one (1) of the applicable credits, exemptions, reductions or
adjustments in this by- law shall be applicable to any development or
redevelopment. Where the circumstances of a development or
redevelopment are such that more than one credit, exemption, relief or
adjustment provided for in this by-law could apply, only one credit,
exemption, relief or adjustment shall apply and it shall be the credit,
exemption, relief or adjustment that results in the lowest development
charges payable pursuant to this by- law.
NO REFUNDS ARISING FROM CREDITS, EXEMPTIONS, RELIEF OR
ADJUSTMENTS
10. Notwithstanding anything in this by-law to the contrary, whenever a credit,
exemption, relief or adjustment is allowed against a development charge
otherwise payable pursuant to this by-law and the amount of such
credit(s), exemption(s), relief or adjustment(s) exceeds the amount of
the development charges otherwise payable pursuant to this by-law , no
further credit(s), exemption(s), relief or adjustment(s) shall be allowed
against any other development charges payable and no refund shall be
payable.
TIMING OF CALCULATION AND PAYMENT
11.
(1)
(a) A development charge for each building or structure shall be
calculated and payable in full in cash or by certified cheque or
by entering into agreement for the performance of work for
credit, on the date of the issuance of a building permit for the
use
to
which
the
development
charge
applies.
(b) Notwithstanding subsection 11(1)(a), development
charges for non-profit housing developments are due and
payable in 21 equal annual payments commencing with the
first instalment payable on the date of occupancy.
Subsequent instalments shall include interest as required in
the Town's Council-approved Development Charge Interest
Policy,
as
may
be revised from time to time.
(c) Notwithstanding subsection 11(1)(a), development
charges for rental housing and institutional developments
are due and payable in six (6) installments commencing with
the first installment payable on the date of first occupancy
certificate issued. Subsequent instalments shall include
interest as required in the Town's Council-approved
Development
Charge
Interest Policy, as may be revised from time to time.
(d) Where the development of land results from the approval
of a site plan or zoning by-law amendment application
received on or after January 1, 2020, and the approval of the
application occurred within two years of building permit
issuance, the development charges under Section 11 shall
be calculated on the rates set out in Schedule "B" on the date
that a complete planning application was submitted,
including interest. Where both planning applications apply,
development charges under Section 11 shall be calculated
on the rates in effect on the day of the latter planning
application, including interest as required in the Town's
Council-approved Development Charge Interest Policy, as
may
be
revised
from
time
to
time.
(e) Notwithstanding subsection 11(1)(a) an owner and the
Town may enter into an agreement respecting the timing of
the payment of a development charge, or a portion thereof,
and the terms of such agreement shall then prevail over the
provisions of this By-law.
(2)
Where development charges apply to land in relation to
which a building permit is required, the building permit shall
not be issued until the development charge has been paid in
full.
(3)
Subject to subsection 11(5), if, following the issuance of all
building permits for a development, including all development
in a subdivision or for all development on a block within that
subdivision that had been intended for future development
and for which payments have been made pursuant to
subsection 11(1), the total number and type of dwelling units
for which building permits have been issued, or the gross floor
area used or intended to be used for a non-residential
purpose for which building permits have been issued, is less
than that used for the calculation and payment referred to in
subsection 11(1), a refund shall become payable by the Town
to the person who originally made the payment referred to in
subsection 11(1) which refund shall be calculated by
multiplying the applicable development charge in effect at the
time such payments were made by:
(a)
in the case of residential development, the difference
between the number of dwelling units by type for which
payments were made pursuant to subsection 11(1) and
the number of dwelling units by type for which building
permits were issued; and
(b)
in the case of non-residential development, the
difference between the gross floor area used or
intended to be used for a non-residential purpose for
which payments were made pursuant to subsection 11(1)
and the gross floor area used or intended to be used
for a non- residential purpose for which building
permits were issued.
(4)
Subsections 11(3) shall apply with necessary modifications
to a development for which development charges have been
paid pursuant to a condition of consent or pursuant to an
agreement respecting same.
(5)
Notwithstanding subsections 11(1) to 11(4), the Town may
require and where so required an owner shall enter into an
agreement, including the provision of security for the owner's
obligations under the agreement, pursuant to section 27 of
the Act and, without limiting the generality of the foregoing,
such an agreement may require the early payment of the
development charges hereunder. The terms of such
agreement shall then prevail over the provisions of this By-
law.
(6)
Any refunds payable pursuant to subsections 11(3) and (4)
shall be calculated and paid without interest.
RESERVE FUND(S)
12.
(1)
Monies received from payment of development charges
shall be maintained in separate reserve funds and shall be
spent for capital costs determined under paragraphs 2 to 8
of subsection 5(1) of the Act.
(2)
The amounts contained in the reserve fund established under
this section shall be invested in accordance with section 418 of
the Municipal Act, 2001,
S.O. c.25. Any income received from investment of the
development charge reserve fund or funds shall be credited
to the development charge reserve fund or funds in relation
to which the investment income applies.
(3)
Where any development charge, or part thereof, remains
unpaid after the due date, the amount unpaid shall be added
to the tax roll and shall be collected as taxes.
(4)
Where any unpaid development charges are collected as
taxes pursuant to subsection 12(3) above, the monies so
collected shall be credited to the development charge reserve
funds referred to in subsection 12(1).
(5)
The Treasurer of the municipality shall, in each year, furnish
to council a statement in respect of the reserve fund
established hereunder for the prior year which statement shall
contain the prescribed information.
BY-LAW AMENDMENT OR REPEAL
13.
(1)
Where this by-law or any development charge prescribed
thereunder is amended or repealed either by order of the
Local Planning Appeal Tribunal or by council, the Treasurer
shall calculate the amount of any overpayment to be
refunded as a result of said amendment or repeal and make
such payment in accordance with the provisions of the Act.
(2)
Refunds that are required to be paid under subsection 13(1)
shall be paid with interest to be calculated as follows:
(a)
Interest shall be calculated from the date on which the
overpayment was collected to the date on which the
refund is paid; and
(b)
Interest shall be calculated quarterly at the Bank of
Canada rate, adjusted on the first business day of
January, April, July and October in each year.
PHASING AND TRANSITION
14.
(1)
The development charges set out in this by-law are not
subject to phasing and are payable in full, subject to the
credits, exemptions, relief and adjustments herein.
INDEXING
15. The development charges referred to in Schedule "B" shall be increased,
if applicable, semi-annually without amendment to this by-law, on the first
day of January and the first day of July, of each year, commencing July 1,
2024, in accordance with the Statistics Canada Quarterly, Construction
Price Statistics (Catalogue No. 62-007).
BY-LAW REGISTRATION
16. A certified copy of this by-law may be registered on title to any land to which
this by-law applies.
BY-LAW ADMINISTRATION
17. This by-law shall be administered by the Treasurer of the municipality.
SCHEDULES TO THE BY-LAW
18. The following Schedules to this by-law form an integral part
of this by-law: Schedule "A"
- Schedule of Municipal
Services
Schedule "B"
- Schedule of Development Charges
FRONT ENDING AGREEMENTS
19. The Town may enter into one or more front ending agreements under
section 44 of the Act.
DATE BY-LAW EFFECTIVE
20. This by-law shall come into force and effect on and after May 20, 2024.
DATE BY-LAW EXPIRES
21. This by-law shall continue in force and effect for a term of ten (10) years
from its date of enactment, unless it is repealed at an earlier date.
HEADINGS FOR REFERENCE ONLY
22. The headings inserted in this by-law are for convenience of reference only
and shall not affect the construction or interpretation of this by-law.
INTERPRETATION
23. Nothing in this by-law shall be construed to commit or require the
municipality to authorize or proceed with any specific capital project at
any specific time. Each of the provisions of this by-law are severable and,
if any provision hereof should for any reason be declared invalid by a court
of competent jurisdiction, the remaining provisions shall remain in full
force and effect.
REPEAL
24. By-law No. 2019-063 and any amendments made thereto are hereby
repealed as of the date this by-law comes into force and effect.
SHORT TITLE
25. The by-law may be cited as the "Town of East Gwillimbury Town-Wide
Development Charge By-law".
Enacted and passed this 23rd day of April, 2024.
Virginia Hackson, Mayor
Andrew Walkom, Deputy Clerk
Schedule "A"
BY-LAW NO. 2024-033
SCHEDULE OF
MUNICIPAL SERVICES
TOWN-WIDE SERVICES
1. Library Services
2. Fire and Emergency Services
3. Indoor Recreation
4. Outdoor Recreation
5. Public Works
6. Roads and Related
7. Water Services
8. Wastewater Services
Schedule "B"
BY-LAW NO. 2024-033
SCHEDULE OF DEVELOPMENT
CHARGES
Service Category
Residential
($/unit)
Non-Residential
($/sq.ft.)
Single &
Semi
Detached
Multiples
Apartments
≥ 700 sq.ft.
Apartments
<700 sq.ft.
Retail
Non-
Retail
Library
$3,934
$3,132
$2,578
$1,885
$0.00
$0.00
Fire & Emergency
$2,699
$2,148
$1,769
$1,293
$1.73
$0.96
Indoor Recreation
$21,316
$16,970
$13,976
$10,218
$0.00
$0.00
Outdoor Recreation
$9,272
$7,381
$6,079
$4,444
$0.00
$0.00
Public Works
$847
$674
$556
$406
$0.55
$0.30
Roads
$8,624
$6,867
$5,654
$4,133
$8.49
$1.41
Water
$1,745
$1,390
$1,145
$837
$0.55
$0.35
Wastewater
$5,724
$4,557
$3,753
$2,744
$2.47
$1.46
Total Development
Charge
$54,161
$43,119
$35,510
$25,960
$13.79
$4.48