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By-law 2022-50
A BY-LAW TO ESTABLISH CITY-WIDE
SOFT SERVICES DEVELOPMENT CHARGES
FOR THE CORPORATION OF THE CITY OF MARKHAM
a
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 pass by-
laws for the imposition of development charges against land to pay for increased capital
costs because of increased need for services arising from the development of the area to
which the by-law applies;
AND WHEREAS the Council of The Corporation of the City of Markham (hereinafter
the "City") held a public meeting on April 12, 2022 to consider the enactment of a
municipal-wide soft services development charge by-law, in accordance with section 12
of the Act;
AND WHEREAS the Council of the City 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 has been prepared by
Hemson Consulting Ltd. dated May 2022 ("the background study"), wherein the
background study indicated that the development of all land within the City of Markham
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 City 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 a public meeting held on April 12, 2022;
AND WHEREAS on May 31, 2022, Council approved the Report titled 2022
Development Charges Background Study and Community Benefits Charges", 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 May 31, 2022, Council expressed its intention
that infrastructure related to post 2026 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 May 2022, shall be
paid for by development charges;
AND WHEREAS at its meeting held on May 31, 2022, Council approved the
background study and determined that no further public meetings were required under
section 12 of the Act.
NOW THEREFORE THE COUNCIL OF THE CITY OF MARKHAM ENACTS
AS FOLLOWS:
|| By-law 2022-50
| Page 2
| DEFINITIONS
| 1. In this by-law,
| (1) "Act" means the Development Charges Act, 1997, S.O. 1997, c. 27,
] as amended or any successor thereto;
| (2) "Accessory Use" means that the use or Building is naturally and
| normally incidental to or subordinate in purpose or both, and
t exclusively devoted to a principal use or Building;
| (3) "Agreement" means a contract between the Municipality and an
} Owner and includes any amendment thereto;
| | (4) "Agricultural Use" means lands or buildings, excluding any portion
} thereof used as a dwelling unit, used or designed or intended for use
| for the purpose of a bona fide farming operation including, but not
limited to, animal husbandry, dairying, livestock, fallow, field crops,
1 removal of sod, forestry, fruit farming, horticulture, market
| gardening, pasturage, poultry keeping, equestrian facilities and any
i other activities customarily carried on in the field of agriculture;
| (5) "Apartment Building" means:
| (a) a Residential Building, or the Residential portion of a Mixed-
| se Building, other than a Townhouse, Back-to-Back
} Townhouse, or Stacked Townhouse, containing more than
three Dwelling Units where the Residential units are connected
by an interior corridor or have a common entrance to Grade;
| (6) "Back-to-Back Townhouse" means a Residential Building other
than a Plex, Stacked Townhouse or Apartment Building, that is
vertically divided and contains a minimum of six Dwelling Units,
| each of which has an independent entrance to Grade, and each of
| which shares a common wall, including a rear wall, with adjoining
| Dwelling Units above Grade;
| (7) "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;
| (8) "Building" means a building or structure, or part thereof,
| occupying an area greater than ten square metres (10m?) consisting
of a wall, roof and floor or a structural system serving the function
thereof, and includes an above Grade storage tank and an
| Industrial tent;
| (9) "Building Code Act" means the Building Code Act, S.O. 1992, c.
1 23, as amended, or any successor thereto;
| (10) "Building Permit" means a permit issued under the Building Code
| Act 1992, which permits the construction or change in use of a
| Building, or which permits the construction of the foundation of a
| Building;
| (11) "Capital Cost" means costs incurred or proposed to be incurred by
the Municipality or a Local Board thereof directly or under an
1 Agreement, required for the provision of Services designated in the
} by-law within or outside of the Municipality;
2
| By-law 2022-50
] Page 3
| (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;
| (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,
| (iii) materials acquired for circulation, reference or
I information purposes by a library board as defined in the Public
] Libraries Act, R.S.O. 1990, c. P.44; and
| | (e) to undertake studies in connection with any matter under the Act
i] 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).
(12) "Commercial Parking Structure" means that part of a Parking
| Structure, above, at, or below Grade, used for the cleaning, repair
| and/or maintenance of motor vehicles;
| (13) "Community Use" means a facility traditionally provided by a
| municipality which serves a municipal purpose and shall include a
| community centre, recreation facility and a Shelter;
| (14) "Council" means the council of the City;
1 (15) "Development" means the construction, erection or placing of one
| or more Buildings on land or the making of an addition or alteration
| to a Building that has the effect of increasing the size or usability
ll thereof, and includes Redevelopment;
| | (16) "Development Charge" means a charge imposed under this by-law;
l (17) "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 cooking and sanitary facilities are provided for the exclusive
use of such person or persons, excluding a hotel;
1 (18) "Duplex" means a Building that is divided horizontally into two
Dwelling Units, each of which has an entrance either directly to the
| outside or through a common vestibule;
| (19) "Floor Area" means the amount of floor space within a Dwelling
} Unit, including the space occupied by its interior partitions,
measured between the exterior faces of the exterior walls of the
| Building or from the centre line of a common wall separating the
| Dwelling Unit from the remainder of the Building;
|| By-law 2022-50
| | Page 4
| (20) "Fourplex" means a Building that is divided horizontally or a
| combination of horizontally and vertically into four Dwelling
| Units, each of which has an independent entrance to the outside or
| through a common vestibule;
| (21) "Funeral Home" means a Building with facilities that provide
| services to the bereaved, including viewing, burial or cremation and
| funeral services;
| (22) "Grade" means the average level of finished ground adjoining a
| Building;
| (23) "Gross Floor Area" means in the case of a Non-Residential
| Building or the Non-Residential portion of a Mixed-Use Building,
| 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 from the centre line of a common wall separating a
| Non-Residential and a Residential use, and:
| (a) excludes, in the case of a Building containing an atrium, the sum
1 of the areas of the atrium at the level of each floor surrounding
| the atrium above the floor level of the atrium, and
| (b) excludes, Parking Structures, but includes any part of a
| Parking Structure, used as a Commercial Parking Structure,
| and
] (c) for the purposes of this definition, 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;
| (24) "Heritage Building" means a Building designated under Part IV of
| the Ontario Heritage Act, R.S.O. 1990, c. 0.18, or any successor
1 legislation, or a Building 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 and any Building listed in the Markham
| Register of Property of Cultural Heritage Value of Interest;
1 (25) "High-Rise Residential" means an Apartment Building that is four
| or more storeys above Grade, consisting of four or more Dwelling
| Units and shall not include a Townhouse, a Back-to-Back
| Townhouse or a Stacked Townhouse;
| (26) "Industrial" means lands or Buildings used or designed or
i 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;
] (27) "Institutional" means lands or Buildings 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;
} 4
[|
|| By-law 2022-50
| | Page5
| (28) "Large Apartment" means a Dwelling Unit in an Apartment
| Building, Stacked Townhouse, or Plex which has a Floor Area
| of 700 square feet (65 square metres) or larger, including the Non-
| Residential portion in the case of Live-Work Units where the
1 Non-Residential portion is less than 1,076 square feet (100 square
| metres);
} (29) "I ive-Work Unit" means a unit which contains separate areas
| intended for Residential and Non-Residential uses, that share a
common wall with direct access between the Residential and Non-
| Residential areas;
| (30) "Local Board" means a public utility commission, transportation
| commission, public library board, board of park management, local
| board of health, police services board, planning board, or any other
| board, commission, committee, body or local authority established
| or exercising any power or authority under any general or special Act
] with respect to any of the affairs or purposes of an area municipality
| or the City, excluding a school board, a conservation authority, any
1 municipal business corporation not deemed to be a local board under
| O. Reg. 168/03 under the Municipal Act, 2001, S.O. 2001, c. 25 and
| any corporation created under the Electricity Act, 1998, S.O. 1998, c.
| 15 , or successor legislation;
(31) "IT ocal 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, or any successor
1 legislation;
| (32) "Mixed-Use Development" means a Building used, designed or
intended for Residential and Non-Residential uses, where:
| (a) the Non-Residential uses comprise not more than 50 percent
\| (50%) of the Gross Floor Area; and
(b) aminimum of 100 square metres of Gross Floor Area is used
| for Non-Residential uses;
1 (33) "Multiple Dwelling Unit" includes Townhouses, and Back-to-
| Back Townhouses, and all other Residential uses that are not
| included in the definition of Apartment Building, Small
| Apartment, Large Apartment, Single Detached Dwelling or
| Semi-Detached Dwelling;
| (34) "Municipality" means The Corporation of the City of Markham;
| (35) "Net Hectare" means the area of land in hectares excluding all lands
| conveyed or to be conveyed into public ownership pursuant to
l sections 42, 51 and 53 of the Planning Act and all lands conveyed or
| to be conveyed to the Municipality or any Local Board thereof, a
| board of education as defined under subsection 1(1) of the Education
| Act, or the Ministry of Transportation for the construction of
| provincial highways,
| (36) "Non-Profit Corporation" means a corporation without share
| capital that has objects of a charitable nature;
| (37) "Non-Residential" means lands, Buildings or portions thereof used,
i or designed or intended for other than Residential use, including the
| non-residential portion of a Live-Work Unit;
|| By-law 2022-50
| | Page 6
| (38) "Office" means premises used for conducting the affairs of
il businesses, professions, services, industries, governments, or like
| activities, in which the chief product of labour is the processing
i and/or storage of information rather than the production and
| distribution of goods. For the purposes of this definition, offices
| shall include but no be limited to, research establishments, data
| processing facilities, office of a physician, lawyer, dentist,
} architect, engineer, accountant, real estate or insurance agency,
| veterinarian, surveyor, appraiser, financial institution, contractor,
1 builder, and land developer;
| (39) "Official Plan" means the Official Plan of the City and any
| amendments thereto;
| (40) "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 with the express authority of the
| owner(s) of the land;
| (41) "Parking Structure" means a Building, or any part thereof,
| principally used for the parking of motor vehicles;
| (42) "Place Of Worship" means a Building that is used primarily for
\| worship;
} (43) "Planning Act" means the Planning Act, R.S.O. 1990, c. P.13, as
| amended or any successor thereto;
| (44) "Plex" means a Duplex, a Semi-Detached Duplex, a Triplex, a
| Fourplex, or a Semi-Detached Triplex;
(45) "Public Hospital" means that Building or part thereof that is defined
as a public hospital under the Public Hospitals Act, R.S.O. 1990, c.
P.40;
| (46) "Redevelopment" means the construction, erection or placing of one
| or more Buildings on land where all or part of a Building has
| previously been demolished on such land, or the intensification of a
| site, or changing the use of a Building from Residential to Non-
I] Residential, from Non-Residential to Residential or
| Industrial/Office/Institutional to Retail and vice versa;
1 (47) "Region" means the Regional Municipality of York;
1 (48) "Regulation" means any regulation made pursuant to the Act;
| (49) "Residential" means lands or Buildings 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 Plex, a Small or Large Apartment , a Multiple
| Dwelling Unit, 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
i| hotel;
'| By-law 2022-50
|| Page 7
| (50) "Retail" means lands or Buildings used or designed or intended for
} use for the sale or rental or offer for sale or rental of goods or
H services to the general public for consumption or use and shall
| include, but not be limited to, a banquet hall, a Commercial
1 Parking Structure and a Funeral Home, but shall exclude
| Offices;
| (51) "Self Storage Building" means a Building or part of a Building
| consisting of individual storage units, that are used to provide storage
| space to the public;
| | (52) "Semi-Detached Duplex" means one of a pair of attached Duplexes,
| each Duplex divided vertically from the other by a party wall;
| (53) "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;
1 (54) "Semi-Detached Triplex" means one of a pair of Triplexes divided
| vertically one from the other by a party wall;
| (55) "Service Standards" means the prescribed level of services on
| which the schedule of charges in Schedule "B-1" are based;
| (56) "Services" means services designated in Schedule A of this by-law;
| (57) "Shelter" means a Building in which supervised short-term
emergency shelter and associated support services are provided to
| individuals who are fleeing situations of physical, financial,
| emotional or psychological abuse;
} (58) "Single Detached Dwelling" means a completely detached
| Residential Building consisting of one Dwelling Unit, except in the
| case of a second suite. For greater certainty, a Residential Building
| consisting of one Dwelling Unit that is attached to another
| structure by footings only shall be considered a Single Detached
| Dwelling for purposes of this by-law;
| (59) "Small Apartment" means a Dwelling Unit in an Apartment
Building, Stacked Townhouse, or a Plex which has a Floor Area
of less than 700 square feet (65 square metres), including the Non-
| Residential portion in the case of Live-Work Units where the
1 Non-Residential portion is less than 1,076 square feet (100 square
} metres);
} (60) "Special Care Facilities" means lands or Buildings 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;
| (61) "Stacked Townhouse" means a Residential Building, other than
| a Plex, Townhouse, Back-to-Back Townhouse or Apartment
ll 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 that may be
| shared with no more than 3 other units;
| By-law 2022-50
| Page 8
| (62) "Temporary Building' means a Building designed or
| constructed, erected or placed on land and which is demolished or
| removed from the lands within twelve months of Building Permit
H issuance;
| (63) "Temporary Sales Centre" means a Building, including a trailer,
| that is designed or intended to be temporary, or 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;
| (64) "Townhouse" means a Residential Building other than a Plex,
| Stacked Townhouse, Back-to-Back Townhouse or 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;
1 (65) "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
(1) Subject to the provisions of this by-law, a Development Charge
| payable in accordance with this by-law 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 shall be calculated as follows:
1 (a) Inthe case of Residential Development, including a Dwelling
| Unit accessory to a Non-Residential Development, or the
i| Residential portion of a Live-Work Unit or, the Residential
| portion of a Mixed-Use Development, based upon the number
1 and type of Dwelling Units; and
| (b) In the case of Non-Residential Development, based upon the
] Gross Floor Area of the Building or part thereof used or to
be used for the Non-Residential Development.
| | (3) Council hereby determines that the Development of land or Buildings
for Residential and Non-Residential uses will require the provision,
| enlargement, expansion or improvement of the Services referenced in
} Schedule "A".
| APPLICABLE LANDS
|| By-law 2022-50
| Page 9
1 (1) This by-law applies to all lands within the City of Markham as shown
I on Schedule "C" whether or not the land or use is exempt from taxation
1 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 City may be subject to one or
| more Development Charges by-laws of the City.
| (3) This by-law shall not apply to land or Buildings within the
i 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;
| (d) any municipality within the Region.
| (4) This by-law shall not apply to land or Buildings within the
| Municipality that are used for the purposes of:
| (a) _ the relocation of a Heritage Building;
i (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) aTemporary Sales Centre;
| (e) Agricultural Uses; and
| (f) a cemetery or burial ground exempt from taxation under the
| Assessment Act, R.S.O. 1990, c. A.31 or any successor thereto;
| | (g) aTemporary Building provided that:
| (i) the status of the Building as a Temporary Building is
| maintained in accordance with the provisions of this by-
| law;
| | (ii) On or before twelve (12) months from the date of issuance
] of a Building Permit, the Owner shall provide, to the
| City Treasurer's satisfaction, evidence that the
| Temporary Building was demolished or removed from
| the lands;
9
(| By-law 2022-50
| Page 10
| (iii) In the event the Owner does not provide satisfactory
| evidence of such demolition or removal of the
1 Temporary Building in accordance with clause (i)
| above, the Temporary Building shall be deemed
| conclusively not to be, nor ever to have been, a
| Temporary Building for the purposes of this by-law and
| subject to any Agreement entered into pursuant to section
| 10 of this by-law, the City shall assess Development
| Charges at the rate in effect at Building Permit issuance
| to the Owner, and if payment is not received within 30
| days of the delivery of an invoice, the City will add the
1 amount due to the tax roll of the property in accordance
| with the section 32(1) of the Development Charges Act
| 1997, as amended from time to time; and
| (iv) The timely provision of satisfactory evidence of the
| demolition or removal of the Temporary Building in
| accordance with clause (ii) above shall be solely the
| Owner's responsibility.
| (5) This by-law shall not apply to Development creating or adding an
| Accessory Use or Building 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 or Buildings that would have the
| effect only of:
| (a) Permitting the enlargement of an existing dwelling unit;
I (b) Creating one or two additional Dwelling Units in an existing
| Single Detached Dwelling;
| (c) Creating one additional Dwelling Unit 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)
1 (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
| Floor Area of the additional Dwelling Units exceeds the Floor
i 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 determining the Floor Area of an existing
| Dwelling Unit pursuant to clause (a) of subsection 3(7), the
| Floor Area shall be the maximum Floor Area of the Dwelling
| Unit that existed in the three years preceding the application for
l 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;
| | By-law 2022-50
|| Page 11
| (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 has an industrial tax class
| code for assessment purposes; and
| (ii) Whether the Building satisfied all requirements of the
| Building Code, obtained a Building Permit, which is
| subsequently deemed complete.
| (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 for which an exemption under section 4 of the Act is
| sought or was obtained;
| (e) To qualify for the exemption:
| (i) _ the enlargement of the Gross Floor Area of the existing
| Building must be attached to the existing Industrial
| Building;
(ii) 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
1 facility;
| (iii) the enlargement shall be for a use for or in connection with
| an Industrial purpose as set out in this by-law;
| (f) If the enlargement complies with the provisions of this
| subsection 3(8) and its Gross Floor Area is equal to, or less than
| 50 per cent of the Gross Floor Area of an existing Industrial
| Building, the amount of the Development Charge in respect of
| the enlargement is nil; and
| | (g) If the Gross Floor Area of 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 (g) inclusive of subsection 3(8) shall apply,
| with necessary modifications, to an enlargement of an existing
| Office.
| ll
| | By-law 2022-50
} Page 12
| (10) In the case of lands or Buildings used or designed or intended for use
i for a combination of Retail and Industrial, Office or Institutional
| uses, the Development Charges applicable to such Development
| shall be determined on the following basis:
| (a) The Development Charges applicable shall be calculated on a
| floor by floor basis and shall be applied to the entire floor based
I on the primary use of the floor. The primary use shall be
t determined as either Industrial/Office/Institutional ("IOI")
| or Retail, whichever comprises 55% or more of the Gross
ll Floor Area of the floor. If neither Retail nor the total of IOI
| uses comprise 55% or more of each floor, then the
| Development Charge payable on the Gross Floor Area for
| each floor shall be the average of the two Retail and IOI rates
| payable.
1 (11) For Live-Work Units, in addition to the applicable Residential
| Development Charges where the Non-Residential portion of a Live-
1 Work Unit exceeds 1,076 square feet (100 square metres), the Mixed-
] Use Development rate shall apply to the Non-Residential portion;
| (12) In the case of new Buildings that contain more than 100,000 square
| feet of Offices, the Development Charge rate for the Office portion
shall be applicable on the first 100,000 square feet of Gross Floor
| Area, with any Office area in excess of this threshold assessed at 25%
| of the Development Charge rate payable.
|| APPROVALS FOR DEVELOPMENT
|| 4. A Development Charge shall apply and shall be calculated and collected in
accordance with the provisions of this by-law to land to be developed or redeveloped
| 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
i 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;
I (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.
12
By-law 2022-50
| Page 13
|| LOCAL SERVICE INSTALLATION
] 5. Nothing in this by-law prevents Council from requiring, as a condition of an
1 approval under section 51 or 53 of the Planning Act, that the Owner, at his or her
1 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,
i processing, or inspection fees.
| MULTIPLE CHARGES
| (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.
H (2) Notwithstanding subsection 6(1), if two or more of the actions
j described in section 4 occur at different times, and if the subsequent
i action results in increased, additional or different Development, then
| additional Development Charges on any additional Residential
i 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
| Owner 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
I reasonable cost of doing the work and the amount of the credit therefore, shall be
| finally determined by the City's Commissioner of Development Services.
|| REDUCTION OF CHARGE FOR REDEVELOPMENT
| 8.
| (1) Despite any other provision of this by-law, where one or more
| existing Dwelling Units are demolished, a credit against
| Development Charges otherwise payable pursuant to this by-law
| for Redevelopment of the lands for Residential purposes, in an
| amount equal to the Development Charge payable pursuant to this
| by-law for the same number of demolished Dwelling Units, shall be
| | applicable where the Redevelopment has occurred:
|| By-law 2022-50
|| Page 14
1 (a) within 48 months from the date that the necessary demolition
| approval was obtained with documented proof thereof; and
| (b) on the same lot or block on which the demolished Dwelling
| Units were originally located.
| (2) Despite any other provision of this by-law, where an existing Non-
| Residential Building, or part thereof, is demolished, a credit against
| Development Charges otherwise payable pursuant to this by-law
} for Redevelopment of the lands for Non-Residential purpose shall
| be applicable, in an amount equal to the Development Charge
| payable pursuant to this by-law for the same amount of the
| demolished Gross Floor Area and such credit or partial credit shall
| be applicable only where the Redevelopment has occurred:
| (a) within 48 months from the date that the necessary demolition
| approval was obtained with documented proof thereof; and
] (b) on the same lot or block on which the demolished Building, or
| part thereof, was originally located.
| (3) Where there is a Redevelopment that includes a change in the use
| of all or part of a Non-Residential Building to a Residential or
1 other Non-Residential use, the Development Charge otherwise
| payable pursuant to this by-law on the number of Residential units
being created or Non-Residential Gross Floor Area being
I converted, will be reduced by the amount calculated as the
| Development Charge that would be payable in accordance with
| Schedule "B-1" in effect on the date when Development Charges
| are payable, pursuant to this by-law, with respect to the Gross
Floor Area of the Non-Residential Gross Floor Area being
| converted. If the Redevelopment includes demolition of an
| existing structure or part thereof, the credit or partial credit will be
applicable only in accordance with the timelines referenced in
} subsection 8 (2).
| (4) Where there is a Redevelopment that includes a change in the use
| of all or part of a Residential Building to a Non-Residential use,
I the Development Charge otherwise payable pursuant to this by-law
| on the Non-Residential Gross Floor Area, will be reduced by the
] amount calculated as the Development Charge that would be
| payable in accordance with Schedule "B-1" in effect on the date
| when Development Charges are payable, pursuant to this by-law,
| with respect to the number and type of units being converted to Non-
Residential use. If the Redevelopment includes demolition of an
| existing structure or part thereof, the credit or partial credit, will be
| applicable only in accordance with the timelines referenced in
} subsection 8 (1).
| (5) Despite any other provision in this by-law, whenever a reduction is
| allowed against a Development Charge otherwise payable pursuant
| | to this by-law and the amount of such reduction exceeds the amount of
H the Development Charge otherwise payable pursuant to this by-law,
| no further reductions shall be allowed against any other Development
| Charges payable and no refund shall be payable.
ll 14
|| By-law 2022-50
| Page 15
|| 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.
| TIMING OF CALCULATION AND PAYMENT
|| 10.
| (1) A Development Charge for each Building or part thereof shall be
| calculated and payable in full in cash or by certified cheque or by
1 entering into Agreement for the performance of work for credit, on
| the date of the issuance of a Building Permit and shall be payable
| and collected as of the date a Building Permit is issued in respect of
| the Building for the use to which the Development Charge applies.
} (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 10(5), if, following the issuance of Building
| Permits for Development in a subdivision or for Development on a
block within that subdivision for which payments have been made
| pursuant to subsection 10(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
| 10(1), a refund shall be payable by the City to the person who
| originally made the payment referred to in subsection 10(1) which
refund shall be calculated by multiplying the applicable
| | Development Charge in effect at the time such payments were made
| (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 10(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
i a Non-Residential purpose for which Building Permits have
| been and are being issued, and the Gross Floor Area used or
intended to be used for a Non-Residential purpose for which
| payments have been made pursuant to subsection 10(1).
H (4) Subsection 10(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.
} 15
|| By-law 2022-50
| Page 16
| (5) Notwithstanding subsections 10(1) to 10(4), the City 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 10(3) and (4) shall be
i calculated and paid without interest.
| (7) A Development Charge for a Community Use that is owned by a
1 Non-Profit Corporation may be deferred, provided that:
| (a) _ the Services provided could otherwise be provided by the City
of Markham, or other approved service providers, at the sole
discretion of the City; and
} (b) the Building is owned by the Non-Profit Corporation; and
| (c) the Owner consents to the deferral being registered on title and
| agrees that if Development Charges become due as a result of
| a change in use, the applicable charges will be calculated in
| accordance with the Development Charges Deferral Policy
adopted by Council on November 8, 2011, as amended from
time to time, and payable on the date the actual change of use
occurs or in the case where a change of use Building Permit is
| required, upon Building Permit issuance, whichever is earlier;
| and
| (d) the Owner agrees that applicable Development Charges will
| become due as a result of a change in use from that of a
} Community Use to another use that triggers payment of
Development Charges, and will be calculated at the rate
applicable on the date the actual change of use occurs, and
| payable on the date the actual change of use occurs.
|| (8) Where clause (1)(a) or (1)(b) of Section 26.2 of the Act applies to
a development for the purposes of determining the amount of the
development charge, the development charge payable under this
| bylaw shall be determined in accordance with section 26.2 and
| such development charge shall be subject to interest in accordance
| with the City's Interest Policy, as may be amended by City
Council.
|| NO REFUNDS ARISING OUT OF CREDITS, EXEMPTIONS, RELIEF OR
| ADJUSTMENTS
11. 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),
1 exemption(s), relief or adjustment(s) shall be allowed against any other
| Development Charges payable and no refund shall be payable.
| 16
| By-law 2022-50
| Page 17
|| RESERVE FUND(S)
| (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. ¢.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.
} (3) Where any Development Charge, or part thereof, remains unpaid
] after the due date, the amount unpaid shall be added to the tax roll of
| the land to which it applies and shall be collected as taxes.
1 (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 on or before
October 1, 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
| (1) Where this by-law or any Development Charge prescribed
| thereunder is amended or repealed either by order of the Ontario
| Municipal Board or by Council, the Treasurer shall calculate
| forthwith 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
1 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
1 and October in each year.
| PHASING
| 14. 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.
By-law 2022-50
| Page 18
| 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
1 January and the first day of July, of each year, commencing January 1, 2023 in
| accordance with the Statistics Canada Quarterly, Construction Price Statistics
| (Catalogue No. 62-007). For the January 1, 2023 adjustment only, the index shall
| be for the 12-month period from October 1, 2021 to end of September 2022.
| Notwithstanding the foregoing, the scheduled January 1' increase may be
| implemented by February 1* in any given year.
| 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 City.
| 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 -- City Wide Soft Services
| | Schedule "B" -- Schedule of Development Charges
FRONT ENDING AGREEMENTS
| 19. The City may enter into one or more front ending Agreements under section 44 of
1 the Act.
| DATE BY-LAW EFFECTIVE
| 20. This by-law shall come into force and effect on June 17, 2022.
|| DATE BY-LAW EXPIRES
|| 21. This by-law shall continue in force and effect for a term of five (5) 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.
By-law 2022-50
Page 19
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. 2017-117 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 "City of Markham Soft Services Development
Charge By-law".
Read a first, second, and third time and passed May 31, 2022.
yl he
ee A
Kimbenty Kitteringham Frank Scarpitti
City Clerk Mayor
19
|| By-law 2022-50
| | Page 20
| Schedule "A"
| SCHEDULE OF MUNICIPAL SERVICES
| CITY WIDE SOFT SERVICES
| CATEGORY OF MUNICIPAL SERVICES
| 1 General Government.
| 1.1 Growth Studies
| 2 Library
| 2.1 Library Buildings
| 2.2 Land for Library
| 2.3 Furniture and Equipment
| 2.4 Materials
| 3 Fire Services
| 3.1 Fire Buildings
| 3.2 Land for Fire
| 3.3 Furniture and Equipment
| 3.4 Firefighting Equipment
| 3.5 Fire Vehicles
| 4 Indoor Recreation
|| 4.1 Major Facilities
4.2 Land for Major Facilities
| 4.3 Furniture and Equipment
| 5 Park Development and Facilities
| 5.1 Park Buildings
| 5.2 Park Development -- Community/City Wide
| 5.3 Special Facilities
| 5.4 Buildings
| 5.5 Land
t 6 Public Works
6.1 Public Works Buildings
| 6.2 Land for Public Works Buildings
| 6.3 Furniture and Equipment
| 6.4 City Fleet
| 7 Waste Management
| 7.1 Waste Buildings
7.2 Land for Waste Buildings
I 7.3 Furniture and Equipment
| - 7.4 Fleet
20
| By-law 2022-50
| Page 21
| Schedule "B"
| SCHEDULE OF DEVELOPMENT CHARGES
| I. General
| The Development Charges set out in this schedule are the base charges only.
| These charges will be increased, if applicable, based upon an inflation adjustment
to be calculated semi-annually without amendment to this by-law as of the first
| days of January and July in each year in accordance with section 15 of this by-
] law.
| | II. City-Wide Soft Services Development Charges
| Type of Residential Unit Dollars per Dwelling Unit
| | Single Detached Dwelling or
| Semi-Detached Dwelling $26,960
| | Townhouse or Multiple $20,900
| Dwelling Unit (excluding
| Apartments)
| Apartment Dwelling Units:
- Large Apartment $16,448
- Small Apartment $11,556
| TL Development Charge for Non-Residential Development
For Non-Residential Development, the charge shall be payable based upon the
| square metres of Non-Residential Gross Floor Area as follows:
| Industrial/Office/Institutional $18.72/m?
| | Mixed-Use Development $11.22/m?
| | Retail Use (other than Mixed-Use) $23.35/m?