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By-law 2019-48
Page 1 of 13
Corporation of the Town of Newmarket
By-law 2019-48
A By-Law To Establish Area Specific Development Charges For Non-Discounted
Services For The Town Of Newmarket. (Northwest Quadrant Development Area)
WHEREAS subsection 2(1) of the Development Charges Act (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 Council has before it a report entitled "Development Charges
Background Study", Town of Newmarket, dated April 24, 2019 (the "Study"), prepared by
Hemson Consulting Ltd., wherein it is indicated that the development of any land within
the Town of Newmarket will increase the need for services as defined herein in
accordance with the Act;
AND WHEREAS the Study was made available to the public and Council gave notice to
the public and held a public meeting pursuant to section 12 of the Act on the 21st day of
May, 2019, prior to which the Study and the proposed development charge by-law were
made available to the public and Council, heard comments and representations from all
persons who applied to be heard (the "Public Meeting");
AND WHEREAS the Council of the Town of Newmarket 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 the 21st day of May,
2019;
AND WHEREAS following the Public Meeting, Council afforded the public an additional
period of time for the submission of further written representations;
AND WHEREAS by resolution adopted by Council of the Town of Newmarket on 18th day
of July, 2019, Council has indicated that it intends to ensure that the increase in the need
for services attributable to the anticipated development, including any capital costs, will
be met, by updating its capital budget and forecast where appropriate recognizing that
projects and timing of same may be revised from time to time at the discretion of Council;
AND WHEREAS by resolution adopted by Council on the 18th day of July, 2019, Council
has indicated that it intends to ensure that the increase in the need for services
attributable to the anticipated development will be met;
AND WHEREAS by resolution adopted by Council on the 18th day of July, 2019, Council
has indicated its intent that the future excess capacity identified in the Study shall be paid
for by the development charges or other similar charges;
AND WHEREAS by resolution adopted by Council on the 21st day of May, 2019, Council
determined that no further public meetings were required under section 12 of the Act;
AND WHEREAS by resolution adopted by Council of The Corporation of the Town of
Newmarket on 18th day of July, 2019, Council determined that the future excess capacity
identified in the Development Charges Background Study dated April 24, 2019, shall be
paid for by the development charges contemplated in the said Development Charges
Background Study, or other similar charges;
AND WHEREAS the Council of the Town of Newmarket has given consideration of the
use of more than one development charge by-law to reflect different needs for services
By-law 2019-48
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in different areas, also known as area rating or area specific DCs, and has determined
that for the services, and associated infrastructure proposed to be funded by DCs under
this by-law, that it is fair and reasonable that the charges be calculated on a municipal-
wide and area-specific basis;
AND WHEREAS the Development Charges Background Study dated April 24, 2019
includes an Asset Management Plan that deals with all assets whose capital costs are
intended to be funded under the development charge by-law and that such assets are
considered to be financially sustainable over their full life-cycle;
AND WHEREAS the Council of the Town of Newmarket will give consideration to
incorporate the asset management plan outlined in the Development Charges
Background Study within the Town of Newmarket's ongoing practices and corporate
asset management strategy;
NOW THEREFORE BE IT ENACTED by the Municipal Council of the Corporation of the
Town of Newmarket as follows:
1.0
DEFINITIONS
1.1 In this by-law,
1) "Act" means the Development Charges Act, 1997, as amended, or any successor
thereto;
2) "accessory use" means where used to describe a use, building or structure, that
the use, building or structure is naturally and normally incidental, subordinate in
purpose of floor area or both and exclusively devoted to a principal use, building
or structure;
3) "agricultural use" means lands, buildings or structures, 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, removal of sod, forestry, fruit
farming, horticulture, market gardening, pasturage, poultry keeping, equestrian
facilities and any other activities customarily carried on in the field of agriculture;
4) "apartment unit" means a residential building or the residential portion of a mixed
use building, other than a townhouse or a stacked townhouse, consisting of more
than 3 dwelling units, which dwelling units have a common entrance to grade;
5) "bedroom" means a habitable room larger than seven square metres, including a
den, study or other similar area, but does not include a living room, dining room or
kitchen;
6) "benefiting area" means an area defined by a map, plan or legal description in a
front-ending agreement as an area that will receive a benefit from the construction
of a service;
7) "board of education" has the same meaning as that specified in the Education Act
or any successor thereto;
8) "Building Code Act" means the Building Code Act, 1992, 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 by others on behalf of and as authorized by the
municipality or local board,
(a) to acquire land or an interest in land, including a leasehold interest,
(b) to improve land,
(c) to acquire, lease, construct or improve buildings and structures,
By-law 2019-48
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(d) to acquire, construct or improve facilities including,
i. furniture and equipment other than computer equipment, and
ii. materials acquired for circulation, reference or information purposes by
a library board as defined in the Public Libraries Act, and
iii. rolling stock with an estimated useful life of seven years or more, and
(e)
to undertake studies in connection with any matter under the Act and any of
the matters in clauses (a) to (d), including the development charge
background study required for the provision of services designated in this
by-law within or outside the municipality, including interest on borrowing for
those expenditures under clauses (a), (b), (c) and (d) that are growth
related;
10) "commercial" means any non-residential development not defined under
"institutional" or "industrial";
11) "community use" means a facility traditionally provided by a municipality which
serves a municipal purpose and shall include a community centre, library/research
facility, recreation facility and a shelter;
12) "council" means the Council of the municipality;
13) "development" includes redevelopment;
14) "development charge" means a charge imposed with respect to this bylaw;
15) "duplex" means a building comprising, by horizontal division, two dwelling units,
each of which has a separate entrance to grade;
16) "dwelling unit" means any part of a building or structure used, designed or intended
to be used as a domestic establishment in which one or more persons may sleep
and are provided with culinary and sanitary facilities for their exclusive use;
17) "farm building" means that part of a bona fide farming operation encompassing
barns, silos and other ancillary development to an agricultural use, but excluding
a residential use;
18) "funeral home" means a building with facilities for the preparation of dead persons
for burial or cremation, for the viewing of the body and for funeral services;
19) "grade" means the average level of finished ground adjoining a building or structure
at all exterior walls;
20) "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 excluding, in the case of a building containing parking spaces, the
sum of the areas of each floor used, or designed or intended for use for the parking
of motor vehicles unless the building or structure is a parking structure, 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. Notwithstanding any other section of this by-law, gross
floor area shall not include the surface area of swimming pools or the playing
surfaces of indoor sport fields including hockey arenas, and basketball courts;
21) "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
By-law 2019-48
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government 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;
22) "heritage property" means a building or structure which, in the opinion of the local
architectural conservation advisory committee is of historic or architectural value
or interest, or which has been so designated under the Ontario Heritage Act;
23) "hotel" means a commercial establishment offering lodging to travelers and
sometimes to permanent residents, and may include other services such as
restaurants, meeting rooms and stores, that are available to the general public;
24) "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;
25) "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, but without limiting the generality of the
foregoing, places of worship, and special care facilities;
26) "large apartment" means a dwelling unit in an apartment building or a plex that is
700 square feet or larger in size;
27) "local board" has the· same definition as defined in the Development Charges Act;
28) "local services" means those services, facilities or things which are under the
jurisdiction of the municipality and are related to a plan of subdivision or within the
area to which the plan relates in respect of the lands under Sections 41, 51 or 53
of the Planning Act as amended or any successor thereto;
29) "mixed-use" means land, buildings or structures used, or designed or intended for
use, for a combination of non-residential and residential uses;
30) "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;
31) "multiple dwellings" includes townhouses, stacked and back-to-back townhouses,
mobile homes, group homes 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";
32) "municipality" means the Corporation of the Town of Newmarket;
33) "non-residential use" means, a building or structure of any kind whatsoever used,
designed or intended to be used for other than a residential use and includes all
commercial, industrial and institutional uses;
34) "non-profit" means a corporation without share capital that has objects of a
charitable nature;
35) "owner" means the owner of land or a person who has made application for an
approval for the development of land upon which a development charge is
imposed;
36) "place of worship" means a building or structure that is used primarily for worship;
By-law 2019-48
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37) "plex" means a duplex, a semi-detached duplex, a triplex or a semi-detached
triplex;
38) "parking structure" means a building or structure principally used for the parking of
motor vehicles and shall include a building or structure, or any part thereof, where
motor vehicles are stored prior to being sold or rented to the general public;
39) "private school" means an educational institution operated on a non-profit basis,
excluding any dormitory or residence accessory 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) "regulation" means any regulation made pursuant to the Act;
41) "residential use" means lands, buildings or structures used, or 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, a plex, an apartment building, a group home, a
mobile home and a residential dwelling unit accessory to a non-residential use but
shall not include a lodging house licensed by a municipality;
42) "semi-detached duplex" means one of a pair of attached duplexes, each duplex
divided vertically from the other by a party wall;
43) "semi-detached dwelling" means a building divided vertically into and comprising
2 dwelling units;
44) "semi-detached triplex" means one of a pair of triplexes divided vertically one from
the other by a party wall;
45) "services" (or "service") means those services designated in Schedule "A" to this
by-law;
46) "servicing agreement" means an agreement between a landowner and the
municipality relative to the provision of municipal services to specified lands within
the municipality;
47) "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;
48) "single detached dwelling" and "single detached" means a residential building
consisting of one dwelling unit that is not attached to another structure above
grade. 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
family dwelling for purposes of this by-law;
49) "small apartment" means a dwelling unit in an apartment building or a plex that is
less than 700 square feet in size;
50) "stacked townhouse" means a building, other than a plex, 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;
51) "townhouse" means a building, other than a plex, stacked townhouse or apartment
building, containing at least 3 dwelling units, each dwelling unit separated vertically
from the other by a party wall and each dwelling unit having a separate entrance
to grade;
52) "triplex" means a building comprising 3 dwelling units, each of which has a
separate entrance to grade.
By-law 2019-48
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2.0
DESIGNATION OF SERVICES
2.1 The categories of services for which development charges are imposed under this by-
law are as follows:
Non-Discounted Services
a)
Fire Services
b)
Waste Diversion Services
c)
Services Related to a Highway, Water, Wastewater & Storm:
c.1)
Yards & Fleet
c.2)
Town-wide Engineered Services
2.2 The components of the services designated in subsection 2.1 are described in
Schedule A-1 and Schedule A-2.
3.0
APPLICATION OF BY-LAW RULES
3.1 Development charges shall be payable in the amounts set out in this bylaw where:
a) the lands are located in the area described in subsection 3.2; and
b) the development of the lands requires any of the approvals set out in
subsection 3.4(a).
Area to Which By-law Applies
3.2 Subject to subsection 3.3, this by-law applies to all lands within the Northwest
Quadrant Development Area of the Town of Newmarket as shown on Schedule "C"
to this By-law.
3.3 This by-law shall not apply to lands that are owned by and used for the purposes of:
a) The Town of Newmarket or a local board thereof;
b) A board as defined in section 1(1) of the Education Act;
c) The Region of York or a local board thereof.
Approvals for Development
3.4
a)
Development charges shall be imposed on all lands, buildings or
structures that are developed for residential or non-residential uses if
the development requires,
i. The passing of a zoning by-law or of an amendment to a zoning
by-law under section 34 of the Planning Act;
ii. The approval of a minor variance under section 45 of the
Planning Act;
iii. A conveyance of land to which a by-law passed under
subsection 50(7) of the Planning Act applies;
iv. The approval of a plan of subdivision under section 51 of the
Planning Act or any successor thereto;
v. A consent under section 53 of the Planning Act;
vi. The approval of a description under section 50 of the
Condominium Act; or
By-law 2019-48
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vii. The issuing of a permit under the Building Code Act, 1992 in
relation to a building or structure.
b) No more than one development charge for each service designated in
subsection 2.1 shall be imposed upon any lands, buildings or
structures to which this by-law applies even though two or more of the
actions described in subsection 3.4(a) are required before the lands,
building or structures can be developed.
c)
Despite subsections 3.4(b), if two or more of the actions described in
subsection 3.4(a) occur at different times, additional development
charges shall be imposed if the subsequent action has the effect of
increasing the need for services.
Exemptions
3.5 Notwithstanding the provisions of this by-law, development charges shall not be
imposed or may be deferred, on terms and conditions, satisfactory to the Town, with
respect to:
a)
the relocation of a heritage house;
b)
a building or structure used for a community use owned by a nonprofit
corporation;
c)
land owned by and used for the purposes of a private school that is
exempt from taxation under the Assessment Act or any successor
thereto;
d)
lands, buildings or structures used or to be used for the purposes of a
cemetery or burial ground exempt from taxation under the Assessment
Act or any successor thereto;
e)
non-residential uses permitted pursuant to section 39 of the Planning
Act or any successor thereto;
f)
the issuance of a building permit not resulting in the creation of
additional non-residential gross floor area;
g)
agricultural uses;
h)
development creating or adding an accessory use or structure not
exceeding 100 square metres of gross floor area save and except for
any live work units with a retail component; for such units development
charges will be payable pursuant to subsection 3.10 on the retail
component;
i)
a public hospital receiving aid under the Public Hospitals Act or any
successor thereto;
j)
such other matters as may be determined by the Town.
Amount of Charges
Residential
3.6 The development charges described in Schedule B to this by-law shall be imposed
on residential uses of lands, buildings or structures, including a dwelling unit
accessory to a non-residential use· and, in the case of a mixed use building or
structure, on the residential uses in the mixed use building or structure, according to
the type of residential unit, and calculated with respect to each of the services
according to the type of residential use.
Non-Residential Uses
By-law 2019-48
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3.7 The development charges described in Schedule B to this by-law shall be imposed
on non-residential uses of lands, buildings or structures, and, in the case of a mixed-
use building or structure, on the non-residential uses in the mixed use building or
structure, and calculated with respect to each of the services according to the gross
floor area of the non-residential use.
Place of Worship
3.8 Despite subsection 3.7, development charges shall not be imposed in respect of the
gross floor area of a place of worship to a maximum of 5,000 square feet (or 464.5
square metres) or in respect of that portion of the gross floor area of a place of
worship which is used as an area for worship, whichever is greater.
Reduction of Development Charges Where Redevelopment Occurs
3.9 Despite any other provision of this by-law, where, as a result of the redevelopment of
land, a building or structure existing on the same land within 60 months prior to the
date of 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
principal use on the same land, in order to facilitate the redevelopment, the
development charges otherwise payable with respect to such redevelopment shall
be reduced by the following amounts:
a) 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 under subsections 3.6 of this bylaw
by the number, according to type, of dwelling units that have been or
will be demolished or converted to another principal use; and
b) 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 under subsection 3.7 of this by-law
by the gross floor area that has been or will be demolished or
converted to another principal use;
provided that such amounts shall not exceed, in total, the amount of the development
charges otherwise payable with respect to the redevelopment.
Time of Payment of Development Charges
3.10 Development charges imposed under this section are payable upon issuance of a
building permit with respect to each dwelling unit, building or structure Fire, and
Waste Diversion Services. Development charges for Services Related to a
Highway, Water, Wastewater and Storm shall be payable upon registration of
subdivision agreement.
3.11 Despite subsection 3.10, Council, from time to time, and at any time, may enter
into agreements providing for all or any part of a development charge to be paid
before or after it would otherwise be payable.
3.12 Despite subsection 3.10 and 3.11, the development charges imposed pursuant to
this by-law are being phased-in pursuant to Schedules "B-1" and "B-2", subject to
the exemptions and indexing provision herein, from the effective date of this by-
law.
4.0
PAYMENT BY SERVICES
4.1 Despite the payments required under subsection 3.10, Council may, by agreement,
give a credit towards a development charge in exchange for work that relates to a
service for which a development charge is imposed under this by-law.
By-law 2019-48
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5.0
INDEXING
5.1 Development charges imposed pursuant to this by-law shall be adjusted annually,
without amendment to this by-law, on July 1st, commencing in 2020 and each year
thereafter, in accordance with the Statistics Canada Quarterly Construction Price
Statistics.
6.0
SCHEDULES
6.1 The following schedules to this by-law form an integral part thereof:
Schedule A-1: Northwest Quadrant Development Charge Services Non-
Discounted Services Effective July 21, 2019 to August 31, 2019, Inclusive
Residential and Non-Residential Charge Components as designated in subsection
2.1
Schedule A-2: Northwest Quadrant Development Charge Services Non-
Discounted Services Effective September 1 2019 - By-law Expiry, Inclusive
Residential and Non-Residential Charge Components as designated in subsection
2.1
Schedule B-1: Non-Discounted Residential and Non-Residential Development
Charges Effective July 21, 2019 to August 31, 2019, Inclusive
Schedule B-2: Non-Discounted Residential and Non-Residential Development
Charges Effective September 1, 2019 to By-law Expiry, Inclusive
Schedule C: Land within Town of Newmarket to which this By-law does apply
7.0
DATE BY-LAW IN FORCE
7.1 This by-law shall come into force on into force on July 21, 2019.
8.0
DATE BY-LAW EXPIRES
8.1 This by-law will expire five years from the day the by-law is in force, unless it is
repealed at an earlier date.
8.2 By-law 2014-41 and By-law 2014-42 are hereby repealed on the date this by-law
comes into force
Enacted this 18th day of July, 2019.
(original signed)
John Taylor , Mayor
(original signed)
Lisa Lyons, Clerk
By-law 2019-48
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Schedule "A-1"
The Town of Newmarket
Northwest Quadrant Development Charge Services
Non-Discounted Services Effective from July 21, 2019 to August 31, 2019,
Inclusive
Residential Charge Components
Service
Percentage of Charge (%)
1.0 Fire Services
8.4%
2.0 Waste Diversion Services
2.1%
3.0 Services Related to a Highway, Water, Wastewater & Storm
3.1 Yards & Fleet
9.7%
3.2 Town-wide Engineered Services
79.8%
Subtotal Services Related to a Highway,
Water, Wastewater & Storm
89.5%
Total
100%
Non-Residential Charge Components
Service
Percentage of Charge (%)
1.0 Fire Services
7.6%
2.0 Waste Diversion Services
0.0%
3.0 Services Related to a Highway, Water, Wastewater & Storm
3.1 Yards & Fleet
7.3%
3.2 Town-wide Engineered Services
85.1%
Subtotal Services Related to a Highway,
Water, Wastewater & Storm
92.4%
Total
100%
By-law 2019-48
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Schedule "A-2"
The Town of Newmarket
Northwest Quadrant Development Charge Services
Non-Discounted Services Effective September 1 2019 to By-law Expiry, Inclusive
Residential Charges Components
Service
Percentage of Charge (%)
1.0 Fire Services
8.1%
2.0 Waste Diversion Services
1.5%
3.0 Services Related to a Highway, Water, Wastewater & Storm
3.1 Yards & Fleet
6.8%
3.2 Town-wide Engineered Services
83.6%
Subtotal Services Related to a Highway,
Water, Wastewater & Storm
90.4%
Total
100%
Non-Residential Charges Components
Service
Percentage of Charge (%)
1.0 Fire Services
8.3%
2.0 Waste Diversion Services
0.0%
3.0 Services Related to a Highway, Water, Wastewater & Storm
3.1 Yards & Fleet
6.8%
3.2 Town-wide Engineered Services
84.9%
Subtotal Services Related to a Highway,
Water, Wastewater & Storm
91.7%
Total
100%
By-law 2019-48
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Schedule "B-1"
TO BY-LAW 2019-48
NON-DISCOUNTED DEVELOPMENT CHARGES EFFECTIVE FROM JULY 21, 2019 TO AUGUST 31, 2019, INCLUSIVE
Schedule "B-2"
TO BY-LAW 2019-48
NON-DISCOUNTED DEVELOPMENT CHARGES EFFECTIVE FROM SEPTEMBER 1, 2019 TO BY-LAW EXPIRY, INCLUSIVE
NON-DISCOUNTED
Service
Apartments
700 sq. ft.
Under
or Greater
700 sq. ft.
Fire Services
$641
$0
$0
$0
$4.00
Waste Diversion Services
$165
$129
$98
$70
$0.00
Services Related to a Highway, Water,
Wastewater & Storm
$6,870
$5,884
$4,436
$3,118
$48.69
TOTAL CHARGE
$7,676
$6,013
$4,534
$3,188
$52.69
Residential Charge By Unit Type
Non-Residential
Charge per
Square Metre
Singles &
Semis
Rows & Other
Multiples
NON-DISCOUNTED
Service
Apartments
700 sq. ft.
Under
or Greater
700 sq. ft.
Fire Services
$891
$699
$529
$378
$4.69
Waste Diversion Services
$165
$129
$98
$70
$0.00
Services Related to a Highway, Water,
Wastewater & Storm
$9,903
$7,768
$5,879
$4,199
$51.77
TOTAL CHARGE
$10,959
$8,596
$6,506
$4,647
$56.46
Residential Charge By Unit Type
Non-Residential
Charge per
Square Metre
Singles &
Semis
Rows & Other
Multiples
By-law 2019-48
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Schedule 'C'
Land within Town of Newmarket to which this By-law Applies