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= 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.
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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;
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(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;
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(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
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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;
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(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,
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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
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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
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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
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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
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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
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(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
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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
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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;
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(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;
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(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
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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
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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
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