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The Corporation of the City of Richmond Hill
By-Law 11-24
A By-Law to Establish an Area Specific Development Charges By-law for the City of
Richmond Hill
Bayview North East Development Area
Whereas subsection 2(1) of the Development Charges Act, 1997, S.O. 1997, c.27, as
amended ("the Act") provides that the council ofa municipality may pass by-laws for the
imposition of development charges against land to pay for increased capital costs
required because of increased needs for services arising from development of the area
to which th_e by:-law applies;
And Whereas the Council of the City of Richmond Hill has received and considered a
Development Charges Study dated December 22, 2023, respecting the imposition of
new development charges for the City of Richmond Hill Bayview North East
Development Area which reflect the servicing scheme provided for in the said Study;
And Whereas the Council of the City of Richmond Hill held a public meeting on the 13th
day of February, 2024 to consider the enactment of this By-law, and has given
appropriate notice in accordance with the Act;
And Whereas any person who attended the public meeting was afforded an opportunity
to make representations and the public generally were afforded an opportunity to make
written submissions relating to the proposed bylaw;
And Whereas the Council of the City of Richmond Hill resolved on March 27, 2024 that
it is the intention of the Council of the City of Richmond Hill to ensure that the increase
in need for services identified in connection with the enactment of the by-law will be
met;
And Whereas the Council of the City of Richmond Hill resolved on March 27, 2024 that
no further public meeting be required and that this by-law be brought forward for
enactment.
Now Therefore The Council Of The Corporation Of The City Of Richmond Hill
Enacts As Follows:
1. Definitions
1.1. In this By-law the following definitions apply:
a)
"accessory use" means where used to describe a use, building, or structure,
that the use, building or structure is naturally and normally incidental, or
subordinate in purpose of floor area or both, and exclusively devoted to a
principal use, building or structure;
b)
"Act" means the Development Charges Act, 1997, S.O. 1997, c. 27, as
amended, or any successor thereto;
c)
"affordable residential unit" means a residential unit that meets the criteria set
out in subsection 4.1 (2) or 4.1 (3) of the Act;
d)
"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;
e)
"ancillary residential building" means a residential building that would be
accessory to a detached dwelling, semi-detached dwelling, or townhouse;
The Corporation of the City of Richmond Hill
By-law 11-24
Page2
f)
"apartment building" means any residential building, or the residential portion
of a mixed-use building, including stacked townhouse dwellings, consisting of
more than three (3) dwelling units where the residential units are connected by
an interior corridor whether or not any of the units have an independent
entrance either directly or through a common vestibule;
g)
"attainable residential unit" means a residential unit that meets the criteria set
out in subsection 4.1 ( 4) of the Act;
h)
"back-to-back townhouse dwelling" means a building where each dwelling unit
is divided vertically by common walls, including a common rear wall and
common side wall, and has an independent entrance to the dwelling unit from
grade level;
i)
"bedroom" means a habitable room larger than seven square metres or seventy
five square feet, including a den, study, or other similar area, but does not
include a living room, dining room or kitchen;
j)
"benefitting 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~
k)
"board of education" means a board defined in subsection 1 (1) of the Education
Act, R.S.O. 1990, c. E.2 or any successor thereto;
I)
"Building Code Act" means the Building Code Act, 1992 S.O. , c.23 , as
amended, or any successor thereto;
m)
"building permit" means a permit issued under the Building Code Act, 1992,
which permits the construction of a building or structure or, which permits the
construction of the foundation of a building or structure;
n)
"class" means a grouping of services combined to create a single service for
the purposes of this by-law and as provided in section 7 of the Act;
o)
"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;
(i)
to acquire land or an interest in land, including a leasehold interest;
(ii)
to improve land;
(iii) to acquire, lease, construct or improve buildings and structures;
(iv) to acquire, construct or improve facilities including:
A.
furniture and equipment other than computer equipment;
B.
materials acquired for circulation, reference or information purposes by a
library board as defined in the Public Libraries Act , R.S.O. 1990, c. P.44
; and
C.
rolling stock with an estimated useful life of seven years or more, and;
(v)
interest on money borrowed for those expenditures under clauses (i) to (iv)
above that are growth-related;
p)
"city'' means the City of Richmond Hill.
q)
"council" means the Council of the City of Richmond Hill;
r)
"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;
The Corporation of the City of Richmond Hill
By-law 11-24
Page 3
s)
"development charge" means a charge imposed pursuant to this By-law,
adjusted in accordance with Section 5;
t)
"derelict building" means a building or structure that is vacant, neglected, poorly
maintained, and unsuitable for occupancy which may include a building or
structure that: (a) is in a ruinous or dilapidated condition; (b) the condition of
which seriously depreciates the value of land or buildings in the vicinity; (c) is
in such a state of non-repair as to be no longer suitable for human habitation
or business purposes; ( d) is an allurement to children who may play there to
their danger; ( e) constitutes a hazard to the health or safety of the public; (f) is
unsightly in relation to neighboring properties because the exterior finish of the
building or structure is not maintained, or; (g) is a fire hazard to itself or to
surrounding lands or buildings;
u)
"duplex" means a building comprising, by horizontal division, two (2) dwelling
units, each of which has a separate entrance to grade;
v)
"dwelling room" means either:
(i)
each bedroom used, designed, or intended for use by one or more persons
living together in a lodging home, dormitories, excluding hotels; or
(ii) in the case of a special care/special dwelling unit/room, each individual room
or suite of rooms used, designed, or intended for use by one or two persons
with or without exclusive sanitary and/or culinary facilities;
w)
"dwelling unit" means a room or suite of rooms used, or designed or intended
for use by one (1) person or persons living together, in which culinary and
sanitary facilities are provided for the exclusive use of such person or persons;
x)
"future development" means a block identified within a plan of subdivision which
requires a subsequent planning approval, in addition to a building permit, which
planning approval shall include a site plan approval or the approval of a plan of
condominium;
y)
"farm building" means that part of a bona fide farm operation encompassing
barns, silos and other ancillary development to an agricultural use, but
excluding a residential use;
z)
"grade" means the average level of finished ground adjoining a building or
structure at all exterior walls;
aa)
"gross floor area" means,
(i)
in the case of a residential building or structure or in the case of a mixed-use
building or structure with respect to the residential portion thereof, the
aggregate of the areas of each floor above grade of a dwelling unit 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 dwelling unit from another
dwelling unit or other portion of a building;
(ii) in the case of a non-residential building or structure, or in the case of a mixed-
use building or structure with respect to the non-residential portion thereof, 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 use 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 other than a parking structure, the sum of
the areas of each floor used, or designated or intended for use for the parking
of motor vehicles unless the parking of motor vehicles is the principal use of
the building or structure, and, 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 use and non-residential use portions of
The Corporation of the City of Richmond Hill
By-law 11-24
Page4
such mixed-use building or structure but shall not include any common area
used exclusively by or for the residential use portion of such mixed-use
buildings or structures;
bb)
"heritage building" means a building or structure which is designated to be of
cultural heritage value or interest, or that is included in the register as a property
of cultural value or interest, pursuant to the Ontario Heritage Act, R.S.O. 1990,
c. 0.18, as amended;
cc)
"high rise residential" means an apartment building that is four (4) or more
storeys above grade, consisting of four ( 4) or more dwelling units and shall not
include a stacked townhouse, which is less than four (4) dwelling units and four
( 4) storeys above-grade;
dd)
"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 and the supplying
of personal services, self-storage facilities, or mini-self-storage facilities, or as
otherwise defined in the zoning by-law;
ee)
"institutional" means lands, buildings or structures used or designed or
intended for use by an organized body, society or religious groups for
promoting a public or non-profit purpose;
ff)
"institutional development" means development of a building or structure
intended for use:
(i)
as a long-term care home within the meaning of subsection 2 (1) of the Fixing
Long-Term Care Act, 2007 ;
(ii) as a retirement home within the meaning of subsection 2 (1) of the Retirement
Homes Act, S.O. 2010 c.11 ;
(iii) by any of the following post-secondary institutions for the objects of the
institution:
A.
a university in Ontario that receives direct, regular, and ongoing operating
funding from the Government of Ontario,
8.
a college or university federated or affiliated with a university described
in sub-clause (a), or
C.
an Indigenous Institute prescribed for the purposes of section 6 of the
Indigenous Institutes Act, 2017;
D.
as a memorial home, clubhouse or athletic grounds by an Ontario branch
of the Royal Canadian Legion; or
E.
as a hospice to provide end of life care. 0. Reg. 454/19, s. 3 (1 ); 0. Reg.
284/22, s. 1.
gg)
"interest rate" means the annual rate of interest calculated as per the applicable
City's Development Charges Interest Policy, as may be revised from time to
time;
hh)
"large apartment" means a dwelling unit in an apartment building, plex or
stacked townhouse that is 700 square feet or larger in size;
ii)
"live-work unit" means a unit intended for both residential and non-residential
uses concurrently;
jj)
"local board" has the same definition as defined in Section 1 of the Act;
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The Corporation of the City of Richmond Hill
By-law 11-24
Page 5
kk)
"mixed-use" means land, buildings or structures used, or designed or intended
for use, for a combination of non-residential and residential uses;
II)
"multiple unit dwellings" includes townhouses, back-to-back townhouses,
stacked 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";
mm)
"municipality" means The Corporation of the City of Richmond Hill;
nn)
"non-profit housing development" has the same definition as defined in Section
4.2 of the Act.
oo)
"non-residential use" means a building or structure or portion thereof used,
designed or intended to be used for other than a residential use and shall
includes retail use;
pp)
"non-retail use" means all non-residential use other than retail use and shall
include offices;
qq)
"office" means lands, buildings or structures used or designed or intended for
use for the practice of a profession, the carrying on of a business or occupation
or the conduct of a non-profit organization and shall include, but not be limited
to, the office of a physician, lawyer, dentist, architect, engineer, accountant,
real estate or insurance agency, veterinarian, surveyor, appraiser, financial
institution, contractor, builder, land developer;
rr)
"other multiple" means all dwellings other than single detached dwellings, semi-
detached dwellings, apartment building, ancillary residential dwellings, a
special care/special dwelling unit, and includes but is not limited to:
townhouses, back-to-back townhouse dwellings, and the residential portion of
the live work unit;
ss)
"owner" means the registered 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;
tt)
"place of worship" means that part of a building or structure that is exempt from
taxation as a place of worship under the Assessment Act, as amended or any
successor thereto;
uu)
"plex" means a duplex, a semi-detached duplex, a triplex or a semi-detached
triplex;
vv)
"regulation" means any regulation made pursuant to the Act;
ww)
"rental housing" means development of a building or structure with four or more
dwelling units all of which are intended for use as rented residential premises;
xx)
"residential use"
means lands, buildings or structures used, or designed or
intended for use as a residence for one (1) 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;
yy)
"retail" means lands, buildings or structures 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, a funeral home, but shall exclude office;
zz)
"semi-detached duplex" means one (1) of a pair of attached duplexes, each
duplex divided vertically from the other by a party wall;
The Corporation of the City of Richmond Hill
By-law 11-24
Page 6
aaa)
"semi-detached dwelling" means a building divided vertically into and
comprising two (2) dwelling units;
bbb)
"s_emi-detached triplex" means one ( 1) of a pair of triplexes divided vertically
one (1) from the other by a party wall;
ccc)
"services" (or "service") means those services set out in Schedul-e "A" to this
By- law;
ddd)
"single-detached dwelling" and "single-detached" means a residential building
consisting of one (1) dwelling unit that is not attached to another structure
above grade. For greater certainty, a residential building consisting of one (1)
dwelling unit that is attached to another structure by footings only shall be
considered a single family dwelling for purposes of this bylaw;
eee)
"small apartment" means a dwelling unit in an apartment building, a plex or a
stacked townhouse that is less than 700 square feet in size;
fff)
"special care/special dwelling" means a residence
(i)
containing two or more dwelling rooms, which rooms have common entrance
from street level;
(ii) where the occupants have the right to use in common with other occupants,
halls, stairs, yards, common room and accessory buildings; and
(iii) that is designed to accommodate persons with specific needs, including but
not limited to, independent permanent living· arrangements; and where
support services, such as meal preparation, grocery shopping, laundry,
housing, nursing, respite care and attending services are provided at various
levels; and includes but is not limited to retirement homes or lodges, group
homes, dormitories, and hospices;
ggg)
"stacked townhouse dwelling" means a building, other than a plex, townhouse
or apartment building, containing at least three (3) dwelling units, being
separated from the other vertically and/or horizontally, each dwelling unit
having an entrance to grade or where the entrance is shared with no more than
two (2) other units at grade;
hhh)
"townhouse" means a building, other than a plex, stacked townhouse or
apartment building, containing at least three (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;
iii)
"triplex" means a building comprising three (3) dwelling units, each of which
has a separate entrance to grade; and
jjj)
"zoning by-law" means the current Zoning By-Laws of the City of Richmond
Hill, or any successor thereof.
2. Designation of Services/Class of Services
2.1. The class/category of services for which development charges are imposed under
this by-law are described in Schedule "C".
3. APPLICATION OF BY-LAW RULES
3.1.
Development charges shall be payable in the amounts set out in this by-law
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).
The Corporation of the City of Richmond Hill
By-law 11-24
Page 7
Area to Which By-law Applies
3.2.
This By-law applies to all land within the Bayview Northeast Development Area
of the City, as shown on Schedule "A" 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 City of Richmond Hill or a "local board" thereof;
b. a "board of education" as defined in Section 1 (1) of the Education Act, R.S.O.
1990;
c. the Regional Municipality of York Region or a "local board" thereof;
d. Land vested in or leased to a university that receives regular and ongoing
operating funds from the government for the purposes of post-secondary
education is exempt from development charges imposed under the Act if the
development in respect of which development charges would otherwise be
payable is intended to be occupied and used by the university.
Approvals for Development
3.4.
A development charge is payable by the owner pursuant to this By-law in
connection with the following approvals for the development of land:
a. the passing of a zoning by-law or of an amendment to a zoning by-law under
Section 34 of the Planning Act;
b. the approval of a minor variance under Section 45 of the Planning Act;
c. a conveyance of land to which a by-law passed under subsection 50(7) of the
Planning Act applies;
d. the approval of a plan of subdivision under Section 51 of the Planning Act;
e. a consent under Section 53 of the Planning Act;
f.
the approval of a description ·under Section 9 of the Condominium Act, 1998
S.O. 1998,c. 19;or
g. the issuing of a permit under the Building Code Act in relation to a building or
structure.
3.5.
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 are required before the lands, buildings or structures can be
developed.
3.6.
Despite subsection 3.5, if two or more of the actions described in subsection
3.4 occur at different times, additional development charges shall be imposed
if the subsequent action has the effect of increasing the need for services.
3. 7.
Subsection 3.4 shall not apply in respect of an action mentioned in subsection
3.4 (a) to (g), if the only effect of the action is to:
a. permit the enlargement of an existing dwelling unit; or
b. permit the creation of additional dwelling units as prescribed, subject to the
prescribed restrictions, in prescribed classes of existing residential buildings
or prescribed structures ancillary to existing residential buildings.
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The Corporation of the City of Richmond Hill
By-law 11-24
Page8
3.8.
The creation of a second dwelling unit in prescribed classes of proposed new
residential buildings, including structures ancillary to dwellings, is, subject to
the prescribed restrictions, exempt from development charges.
3.9.
· For greater clarity, prescribed under subsections 3.7 and 3.8 of this by-law as
prescribed in the Regulation under the Act.
4. Calculation of Development Charges
4.1.
The development charge with respect to the development of any land, buildings
or structures shall be calculated in the case of a residential use and a non-
residential use development, based upon the number of net hectares of land
related to the development.
4.2.
Notwithstanding subsection 4.1 where the proposed development is one single
detached dwelling and the land related to that development is greater than
.0929 net hectares, that portion of the land area greater than .0929 net hectares
shall be exempt from the development charge calculation.
4.3.
Notwithstanding subsection 4.1, where:
a. the development is for any lot created prior to November 21, 1991;
b. there is on the lot, immediately prior to the development, a non-residential use;
and
c. the development is for a non-residential use,
the development charge with respect to the development of the lot, shall be
calculated according to the following formula:
A
X
C
(A+ B)
And, for the purposes of this formula, the following definitions shall apply:
A = The gross floor area of the development
B = The gross floor area of the non-residential use on the lot
immediately prior to the development
C = The development charge as otherwise determined in
accordance with subsection 4.1
For the purposes of this subsection, "lot" shall mean a parcel or tract of land:
(i)
which is a whole lot as shown on a registered plan of subdivision, but a
registered plan of subdivision for the purpose of this definition does not
include a registered plan of subdivision which has been deemed not to
be a registered plan of subdivision under a By-law passed pursuant to
the Planning Act, or
(ii)
is a separate parcel of land without any adjoining lands being owned by
the same owner or owners, or
(iii)
the description of which is the same as that for which a consent as
defined in Section 50(1) of the Planning Act has been given, provided
that, for the purposes of this definition no parcel or tract of land ceases
to be a lot by reason only of the fact that part or parts of it has or have
been conveyed to or acquired by the City, Her Majesty in the Right of
Canada, the Province of Ontario, or the Region.
The Corporation of the City of Richmond Hill
By-law 11-24
Page 9
5. Indexing of Development Charges
5.1.
Development charges imposed pursuant to this by-law shall be adjusted
annually, without amendment to this by-law, commencing on July 1, 2024 and
each July 1 annually thereafter, in accordance with the Statistics Canada
Quarterly Construction Price Statistics.
6. Timing of Calculation and Payment
6.1.
The development charge shall be calculated as of, and shall be payable, on the
date a building permit is issued in relation to a building or structure on land to
which the development charge applies.
6.2.
Notwithstanding subsection 6.1, certain types of development set out in section
26.1 of the Act are eligible for equal annual instalments beginning on the earlier
of the date of the issuance of a permit under the Building Code Act, 1992
authorizing occupation of the building and the date the building is first occupied,
and continuing on the following five anniversaries of that date.
6.3.
Where the development of land results from the approval of a site plan or
zoning by-law amendment received on or after January 1, 2020, and the
approval of the latter application occurred within two years of building permit
issuance, the development charges under section 4 shall be calculated based
on the applicable rate at the date of the latter complete planning application,
including accrued interest pursuant to the City's Development Charges Interest
Policy.
6.4.
Notwithstanding subsections 6.1 - 6.3 an owner and the City 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.
7. Exemption for Additional Dwelling Units
7 .1.
Notwithstanding the provisions of this by-law, development charges shall not
be imposed with respect to:
a. an enlargement to an existing dwelling unit;
b. the creation 0f additional dwelling units in existing rental housing equal to the
greater of one or 1 % of the existing dwelling units;
7.2.
Notwithstanding the provisions of this by-law, development charges shall not
be imposed with respect to the creation of any of the following in certain
existing dwelling units:
a. A second dwelling unit in an existing detached house, semi-detached house
or rowhouse on a parcel of land on which residential use, other than ancillary
residential use, is permitted, if all buildings and structures ancillary to the
existing detached house, semi-detached house or rowhouse cumulatively
contain no more than one dwelling unit;
b. A third dwelling unit in an existing detached house, semi-detached house or
rowhouse on a parcel of land on which residential use, other than ancillary
residential use, is permitted, if no building or structure ancillary to the existing
detached house, semi-detached house or rowhouse contains any dwelling
units;
c. One dwelling unit in a building or structure ancillary to an existing detached
house, semi-detached house or rowhouse on a parcel of urban residential
land, if the existing detached house, semi-detached house or rowhouse
contains no more than two residential units and no other building or structure
ancillary to the existing detached house, semi-detached house or rowhouse
contains any dwelling units.
The Corporation of the City of Richmond Hill
By-law 11-24
Page 10
7.3.
Notwithstanding the provisions of this by-law, development charges shall not
be imposed with respect to the creation of any of the following in new
residential buildings:
a. A second dwelling unit in a new detached house, semi-detached house or
rowhouse on a parcel of land on which residential use, other than ancillary
residential use, is permitted, if all buildings and structures ancillary to the new
detached house, semi-detached house or rowhouse cumulatively will contain
no more than one dwelling unit;
b. A third dwelling unit in a new detached house, semi-detached house or
rowhouse on a parcel of land on which residential use, other than ancillary
residential use, is permitted, if no building or structure ancillary to the new
detached house, semi-detached house or rowhouse contains any dwelling
units;
c. One dwelling unit in a building or structure ancillary to a new detached house,
semi-detached house or rowhouse on a parcel of urban residential land, if the
new detached house, semi-detached house or rowhouse contains no more
than two residential units and no other building or structure ancillary to the
new detached house, semi-detached house or rowhouse contains any
dwelling units.
8. Exemption for Industrial Development:
8.1.
Notwithstanding any other provision of this by-law, there shall be an
exemption from the payment of development charges for one or more
enlargements of an existing industrial building on its site, whether attached or
separate from the existing industrial building, up to a maximum of fifty percent
(50%) of the gross floor area before the first enlargement for which an
exemption from the payment of development charges was granted pursuant
to the Act or this subsection. Development charges shall be imposed in
accordance with this by-law with respect to the amount of the gross floor area
of an enlargement that results in the gross floor area of the industrial building
being increase by greater than fifty percent (50%) of the gross floor area of
the existing industrial building.
8.2.
If the gross floor area of an existing industrial building is enlarged by greater
than 50 percent (50%) before the first enlargement for which an exemption
from the payment of development charges was granted pursuant to the Act or
this subsection, the amount of the development charge payable in respect of
the enlargement is the amount of the development charge that would
otherwise be payable multiplied by the fraction determined as follows:
a. determine the amount by which the enlargement exceeds fifty percent (50%)
of the gross floor area before the first enlargement for which an exemption
from the payment of development charges was granted pursuant to the Act or
this subsection;
b. divide the amount determined under subsection (i) by the amount of the
enlargement.
9. Other Exemption / Reduction:
9.1.
Notwithstanding the provision of this by-law, development charges shall not
be imposed with respect to:
a. 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 lesser;
b. a public hospital receiving aid under the Public Hospitals Act, R.S.O., 1990, c.
P.40 or any successor thereto;
The Corporation of the City of Richmond Hill
By-law 11-24
Page 11
c. non-residential uses permitted pursuant to Section 39 of the Planning Act,
R.S.O. 1990, c. P.13 or any successor thereto;
d. the relocation of a heritage building;
e. development creating or adding an accessory use or structure not exceeding
100 square metres ( or 1,076 square feet) 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 3.17 on the retail component;
f.
non-profit housing development; or
g. Affordable housing units required to be included in a development or
redevelopment pursuant to a by-law passed under section 34 of the Planning
Act to give effect to the policies described in subsection 16 ( 4) of the Planning
Act.
h. The following shall be exempt from development charges:
i.
Affordable residential units as defined in the Act; or
ii.
Attainable residential units as defined in the Act.
10. Discounts for Rental Housing {for profit)
10.1. Pursuant to section 26.2 of the Act, the development charge payable for
rental housing developments, where the residential units are intended to be
used as a rented residential premises will be reduced based on the number of
bedrooms in each unit as follows:
a. Three or more bedrooms - twenty-five percent (25%) reduction;
b. Two bedrooms - twenty percent (20%) reduction; and
c. All other bedroom quantities - fifteen percent (15%) reduction.
11. Reduction of Charges for Redevelopment and Change of Use
11.1. Where, as a result of the redevelopment of land, a building or structure existing
on the land within 48 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, 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
section 4 of this by-law 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 section 4 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. The 48 month time frame
shall be calculated from the date of the issuance of the demolition permit.
11.2. For the purposes of section 5, the onus is on the applicant to produce evidence
to the satisfaction of the City, acting reasonably, to establish the following:
a. The number of dwelling units that have been or will be demolished or converted
to another principal use; or
The Corporation of the City of Richmond Hill
By-law 11-24
Page 12
b. The non-residential gross floor area that has been or will be demolished or
converted to another principal use; and
c. in the case of a demolition, that the dwelling units and/or non-residential gross
floor area were demolished within 48 months prior to the date of the payment
of development charges in regard to the redevelopment.
11.3. Any building or structure, that is determined to be derelict, or the equivalent of
derelict by the Council of the City, shall be eligible for development charge
credits in accordance with section 11.4.
11.4. Any building or structure deemed derelict, or the equivalent of derelict in
accordance with section 11.3 shall be eligible for development charge credits
if a building permit is issued for a building or structure on the lands previously
occupied by the deemed derelict residential building or structure within 120
months or less of the issuance of demolition permit for the deemed derelict
building or structure. The calculation of the development charge credit shall
be made in accordance with Section 11.1, the total amount of which shall be
based on the time that has passed between the date of issuance of the
demolition permit and the date of issuance of the building permit as set out in
Schedule D.
15. No Refunds Arising Out of Reductions or Credits
15.1. Notwithstanding anything in this By-law to the contrary, whenever a reduction
or credit is allowed against a development charge otherwise payable pursuant
to this By-law and the total of such amounts exceeds the amount of the
development charge payable pursuant to this By-law, no further reduction(s)
or credit(s) shall be allowed and no refund shall be payable.
16. Payment By Money Or Credits for The Provision of Services
16.1. Payment of development charges shall be by cash or by certified cheque.
16.2. Where any development charge, or any part thereof, remains unpaid after the
date on which it is payable, the amount unpaid shall be added to the tax roll
and collected in the same manner as taxes.
16.3. In the alternative to payment by the means provided in subsection 16.1, the
City may, by an agreement entered with the owner, accept the provision of
services in lieu of the payment of all or any portion of a development charge
pursuant to subsection (1) of Section 38 of the Act.
16.4. If, pursuant to an agreement, the City allows an owner to perform work that
relates to a service to which a development charge relates, the amount of the
credit towards the development charge for such work shall be the reasonable
cost of doing such work as agreed by the City and the owner, provided
however, that no credit may be given for any part of the cost of the work 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.
16.5. In any agreement made in accordance with subsection 16.3 of this By-law,
the City may agree to give a credit in relation to another service to which this
By-law relates.
16.6. In any agreement respecting credits arising from a development charge
payable under any other development charge by-law, the City may agree to
give a credit related to a development charge payable under this By-law.
17. Reserve Funds
The Corporation of the City of Richmond Hill
By-law 11-24
Page 13
17 .1. Development charge payments received by the City pursuant to this By-law
shall be maintained in a separate reserve fund or funds for each service to
which the development charge relates and shall be spent only for the capital
costs determined under paragraphs 2 to 7 of subsection 5(1) of the Act.
18. Interest on Refunds
18.1. Where this By-law, in whole or in part, or any development charge prescribed
hereunder is amended or repealed by Order of the Ontario Land Tribunal, or
if a development charge that has already been paid is reduced by the Council
of the City pursuant to Section 20 of the Act, or by the Ontario Land Tribunal
pursuant to Section 24 of the Act, the Treasurer for the City shall calculate
forthwith the amount of any refund or overpayment to be refunded as a result
of the said amendment or repeal.
18.2. Refunds that are required to be paid under subsection 18.1 shall be paid to
the owner who made the payment.
18.3. Refunds that are required to be paid under subsection 18.1 shall be paid with
interest to be calculated as follows:
a. Interest shall be calculated in accordance with the Bank of Canada rate from
the date on which the overpayment was collected to the date on which the
refund is paid;
b. Interest on refunds for the period for which interest is payable pursuant to
subsection 18.3.a. shall be calculated and paid on a fluctuating basis in
accordance· with the quarter-yearly adjustment of the interest rate as
established in subsection 18.3.c.;
c. The Bank of Canada interest rate in effect on the date of coming into force of
this By-law shall be adjusted quarter-yearly thereafter on the first business day
of January, April, July and October in each year to the rate established by the
Bank of Canada on that date of the adjustment.
19. Exemption Where Development Charge Paid in Full
19.1. Subject to subsection 19.2, notwithstanding any other provision in this By-
law, no development charge shall be payable where the full amount of a
development charge imposed pursuant to this By-law or a predecessor
thereof has previously been paid on the net hectares of land related to the
development.
19.2. Where,
(i)
(ii)
the proposed development is related to land for which a development
charge imposed pursuant to this By-law, or a predecessor thereof,
has been paid and in the calculation of that development charge, the
reduction provided for in subsection 4.2, or predecessor thereof, was
applied,and
subsequent to the payment of the development charge provided for
in subsection 19.2(i), the land related to the development was the
subject of a plan of subdivision pursuant to section 51 of the Planning
Act, or a consent pursuant to section 53 of the Planning Act,
the exemption provided for in subsection 19.1 shall not apply to any area of
the land determined to be in excess of .0929 hectares in calculating the
development charges paid previously.
20. Schedules
The Corporation of the City of Richmond Hill
By-law 11-24
Page 14
20.1. The following Schedules to this By-law form an integral part of this By-law:
Schedule "A":
Schedule "B":
Schedule "C":
Schedule "D":
21. Date By-law Effective
Map Showing Boundary of Bayview Northeast Development
Area
Area Specific Development Charges:
Bayview Northeast Development Area
Category of Services
Calculation of Development Charges Credits provided to
Derelict Buildings
21.1. This By-law shall come into force and effect on the date of enactment.
22. Repeal of Existing By-law
22.1. By-law No.32-21 is hereby repealed.
23. Short Title
23.1. The short title of this By-law is the "City of Richmond Hill Area Specific
Development Charges By-law, 2023 -
Bayview Northeast Development
Area".
PASSED THIS 27TH DAY OF MARCH, 2024.
The Corporation of the City of Richmond Hill
By-law 11-24
Page 15
SCHEDULE "A"
TO BY-LAW 11-24
CITY OF RICHMOND HILL
AREA SPECIFIC DEVELOPMENT CHARGES
BAYVIEW NORTHEAST DEVELOPMENT AREA
The Corporation of the City of Richmond Hill
By-law 11-24
Page 16
SCHEDULE "B"
TO BY-LAW 11-24
CITY OF RICHMOND HILL
AREA SPECIFIC DEVELOPMENT CHARGES
BAYVIEW NORTHEAST DEVELOPMENT AREA
AREA SPECIFIC SERVICES
Collector Roads
Watermains and Appurtenances
Sanitary Sewers and Appurtenances
Storm Sewers and Appurtenances
Boundary Roads
Valley Land Improvements
Consulting Studies
Credit Carryforwards
Total Costs before allocation of Existing Reserves
Existing Reserves
TOTAL COSTS AFTER ALLOCATION OF EXISTING RESERVES
Benefiting Area - 18.64 Net Hectares
Development Charge (in 2023 $) - $346,000 per Net Hectare
NOTES:
I
COST
($000}
$1,040.0
$0.0
$0.0
$0.0
$0.0
$0.0
$0.0
$6,296.5
$7!336.5
~887.5
$6!449.0
All charges are subject to adjustment in accordance with the terms of Section 5 of this
By-law.
Additional development charges may be imposed pursuant to other development charge
by-laws.
I
The Corporation of the City of Richmond Hill
By-law 11-24
Page 17
SCHEDULE "C"
TO BY-LAW 11-24
CITY OF RICHMOND HILL
AREA SPECIFIC DEVELOPMENT CHARGES
BAYVIEW NORTHEAST DEVELOPMENT AREA
CLASS/CATEGORY OF SERVICES
-
Road Works
The Corporation of the City of Richmond Hill
By-law 11-24
Page 18
SCHEDULE "D"
TO BY-LAW 11-24
CITY OF RICHMOND HILL
AREA SPECIFIC DEVELOPMENT CHARGES
BAYVIEW NORTHEAST DEVELOPMENT AREA
CALCULATION OF DEVELOPMENT CHARGES CREDITS PROVIDED TO
DERELICT BUILDINGS
Number of Months From Date of Demolition Permit to
Credit Provided (%)
Date of Building Permit Issuance
Up to and including 48 months
100
Greater than 48 months up to and including 72 months
75
Greater than 72 months up to and including 96 months
50
Greater than 96 months up to and including 120 months
25
Greater than 120 months
0
~
"
~
I;;
a
'"'
i i
M
MAJOR MACKENZIE DRIVE EAST
DEVELOPMENT
CHARGES
Bayview North East
Site Specific Area
All Services
Sheet 1 of 1
Block No. 20
LEGEND
Boundary of
Lends Included
---------
In By-Law
Schedule A
To Area Specific
Development Charges By-Law
Data: 2023-12-06
By-Law No:
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