Town of East Gwillimbury By-law 2024-034, Area-Specific Development Charge By-law

East Gwillimbury, Ontario · No. 2024-034 · adopted 2024-04-23 · summary & facts

This is the exact embedded text of the captured official document. Snapshot b3e441d3481f · verified 2026-10-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

= Town of . . East Gwillimbury The Corporation of the Town of East Gwillimbury By-law 2024-034 Being a By-law for the imposition of area-specific 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 22, 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; 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 22, 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. = Town of . . East Gwillimbury Now therefore the Municipal Council of The Corporation of the Town of East Gwillimbury enacts as follows: DEFINITIONS 1. Inthis 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) "pbuilding" means a structure occupying an area greater than ten square metres (10m?) 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; = Town of . . East Gwillimbury (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) isin aruinous or dilapidated condition; = Town of . . East Gwillimbury (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) isa 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 Lal Town of East Gwillimbury 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. 0.18, 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; = Town of . . East Gwillimbury (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, = Town of . . East Gwillimbury 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 = Town of . . East Gwillimbury 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 = Town of . . East Gwillimbury 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 = Town of . . East Gwillimbury 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 = Town of . . East Gwillimbury 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 identified under Schedule "C" 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) aboard 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) aplace of worship (d) amobile temporary sales centre; (e) farm buildings Lal Town of East Gwillimbury (f) a university, a college of applied arts and technology or post- secondary institution in Ontario; (g) aprivate school; and (h) atemporary 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 = Town of . . East Gwillimbury 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; (6) 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). (6) 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 = Town of . . East Gwillimbury 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; (6) 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; = Town of . . East Gwillimbury (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; = Town of . . East Gwillimbury (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. Adevelopment 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 Lal Town of East Gwillimbury 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. Asan 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 East Gwillimbury 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: = Town of . . East Gwillimbury (a) The number of dwelling units that have been or will be demolished or converted to another principal use: or (6) 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 East Gwillimbury credit, on the date of the issuance of a building permit for the use to. which the development charge applies. (6) 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. East Gwillimbury (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 = Town of . . East Gwillimbury 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. = Town of . . East Gwillimbury (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 = Town of . . East Gwillimbury Schedule "C" -- Map of the area to which this by-law applies 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. 2019-064 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 Area-Specific Development Charge By-law". = Town of . . East Gwillimbury Enacted and passed this 23 day of April, 2024. Virginia Hackson, Mayor Andrew Walkom, Deputy Clerk = Town of . . East Gwillimbury Schedule "A" BY-LAW NO. 2024-034 SCHEDULE OF MUNICIPAL SERVICES AREA-SPECIFIC SERVICES 1. Water Services = Town of . . East Gwillimbury Schedule "B" BY-LAW NO. 2024-034 SCHEDULE OF DEVELOPMENT CHARGES | Chargeperacre Yonge Street Watermain $6,269.99 East Gwillimbury Schedule "C" BY-LAW NO. 2024-034 AREA TO WHICH THIS BY-LAW APPLIES T_ if _ Ww --, irae PASE --_ | po L == 103 4 ae 3&2 ell ld