This is the exact embedded text of the captured official document.
Snapshot b21016acd3ed · verified 2026-10-25 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
The Corporation of the City of Richmond Hill
By-Law 9-24
A By-Law to enact a City-wicJe Parks and Recreation Services Development Charges
By-law for the City of Richmond Hill
Whereas Section 2 of the Development Charges Act, 1997, S.O. 1997, c. 27 ("the Act")
provides that the council of a municipality may pass a by-law for the imposition of
development charges against land if the development of the land would increase the
need for services arising from development of the area to which the by-law applies;
And Whereas Section 1 O of the Act, the Council of the City of Richmond Hill has
received and considered a Development Charges Study dated December 22, 2023
respecting the imposition of development charges in the City of Richmond Hill;
And Whereas the Council of the City of Richmond Hill has given notice and held a
public meeting on the 13th day of February, 2024 in accordance with Section 12 of the
Act and the regulations thereto;
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 9-24
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-faw 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;
Ill.
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 9-24
Page3
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
such mixed-use building or structure but shall not include any common area
The Corporation of the City of Richmond Hill
By-law 9-24
Page4
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;
11.
as a retirement home within the meaning of subsection 2 ( 1) of the Retirement
Homes Act, S.O. 2010 c.11;
Ill.
by any of the foilowing 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,
B.
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;
kk) "mixed-use" means land, buildings or structures used, or designed or intended for
use, for a combination of non-residential and residential uses;
The Corporation of the City of Richmond Hill
By-law 9-24
Page 5
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;
w) "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.
aaa) "semi-detached dwelling" means a building divided vertically into and comprising
two (2) dwelling units;
bbb) "semi-detached triplex" means one (1) of a pair of triplexes divided vertically one
(1) from the other by a party wall;
The Corporation of the City of Richmond Hill
By-law 9-24
Page 6
ccc) "services'; (or "service") means those services set out in Schedule "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
Ill.
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 categories of services / classes of services for which development charges are
imposed under this by-law is Parks and Recreation Services;
2.2. Components of the services designated in subsection 2.1 are described in Schedule
"A".
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).
·
Area to Which By-law Applies
3.2. Subject to subsection 3.3, this by-law applies to all lands in the geographic area of
the City of Richmond Hill.
The Corporation of the City of Richmond Hill
By-law 9-24
Page 7
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. Development charges shall be imposed on all lands, buildings or structures that are
developed for residential or non-residential uses if the development requires,
a) the passing of a zoning by-law or of an amendment to a zoning by- law under
Section 34 of the Planning Act, R.S.O. 1990;
b) the approval of a minor variance under Section 45 of the Planning Act, R.S.O.
1990;
c)
a conveyance of land to which a by-law passed under Subsection 50(7) of the
Planning Act, R.S.O. 1990, applies;
d) the approval of a plan of subdivision under Section 51 of the Planning Act,
R.S.O. 1990;
e) a consent under Section 53 of the Planning Act, R.S.O. 1990;
f)
the approval of a description under Section 9 of the Condominium Act, R.S.O.
1990;or
g) the issuing of a permit under the Building Code Act S. 0. 1990, 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.
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.
The Corporation of the City of Richmond Hill
By-law 9-24
Page8
Exemptions for Additional Dwelling Unit
3.10. 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 of additional dwelling units in existing rental housing equal to the
greater of one or 1 % of the existing dwelling units;
3.11.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.
3.12. 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.
3.13. Exemption for Industrial Development:
a)
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.
The Corporation of the City of Richmond Hill
By-law 9-24
Page 9
b) 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:
I.
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;
II.
divide the amount determined under subsection (i) by the amount of the
enlargement.
3.14.0ther Exemption/ Reduction:
a)
Notwithstanding the provision of this by-law, development charges shall not be
imposed with respect to:
I.
the gross floor area of a place of worship to a maximum of 5,000 square feet
( or 4~4.5 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;
II.
a public hospital receiving aid under the Public Hospitals Act, R.S.O., 1990,
c. P.40 or any successor thereto;
Ill.
non-residential uses permitted pursuant to Section 39 of the Planning Act,
R.S.O. 1990, c. P.13 or any successor thereto;
IV.
the relocation of a heritage building;
V.
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;
VI.
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;
VII.
non-profit housing development; or
VIII.
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.
b) 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.
3.15. Discounts for Rental Housing (for profit)
a)
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:
I.
Three or more bedrooms - twenty-five percent (25%) reduction;
II.
Two bedrooms -twenty percent (20%) reduction; and
The Corporation of the City of Richmond Hill
By-law 9-24
Page 10
Ill.
All other bedroom quantities -fifteen percent (15%) reduction.
Amount of Charges
Residential
3.16. 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
3.17. The development charges described in Schedule C to this by-law shall be imposed
on non-residential uses of lands, buildings or structures.
Multiple Non-retail and Retail Uses
3.18. In the case of lands, buildings or structures used or designed or intended for use
for both non-retail uses and retail uses, the development charges otherwise
applicable to such development under subsections 3.17 shall be determined on the
following basis:
a) as between the non-retail uses and the retail uses, the principal use of the
development shall be that use which has the greater gross floor area, such
principal use being the use of 55% or greater of the total gross floor area. If no
single use has 55% or greater of the total gross floor area, then the development
charge payable on the total gross floor area shall be the average of the non-
residential charges payable;
b) the development charges under either subsection 3.17 applicable to such
principal use as determined under paragraph (a), provided that there is a
principal use determined under paragraph (a), shall be applied to the total non-
residential gross floor area of the development;
c)
Notwithstanding this subsection 3.18, if any building or structure designed or
intended for use for both non-retail uses and retail uses, and, where such
building or structure contains multiple individually owned units, each unit's
payable development charges will be assessed individually based on the
predominant use of that unit;
Credit for Provision of Services
3.19.
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.
Mandatory Phase-in
3.20. The amount of the development charges described in Schedules B and C to this
by-law shall be reduced in accordance with section 5(8) of the Act.
The Corporation of the City of Richmond Hill
By-law 9-24
Page 11
Reduction of Development Charges Where Redevelopment
3.21. 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 forty-eight (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 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
subsection 3.16 and 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 provided that such amounts shall not exceed, in total, the amount of the
development charges otherwise payable with respect to the redevelopme'nt.
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 3.17 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.
3.22. 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 redevelopment charge
credits in accordance with subsection 3.23.
3.23. Any building or structure deemed derelict, or the equivalent of derelict in
accordance with subsection 3.22 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 subsection 3.21, 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.
Time of Payment of Development Charges
3.24. Development charges imposed under this section are payable upon issuance of
the first building permit with respect to each dwelling unit, building or structure.
3.25. Notwithstanding subsection 3.23 of this by-law, where Section 26.1 of the Act
applies in respect of any part of a development, the development charges
imposed under this by-law, in respect that part of the development to which
Section 26.1 of the Act applies only, shall be payable in annual installments in
accordance with the requirements of subsection 26.1 (3) of the Act, and shall be
subject to interest in accordance with City's Development Charge Interest Policy -
Under sections 26.1 and 26.2 of the Act, 1997, as may be amended by City
Council.
3.26. 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
application occurred within two years of building permit issuance, the development
charges under subsections 3.16 and 3.17 shall be calculated on the· rates set out in
Schedule "B" on the date of the planning application, including interest in
accordance with the City's Development Charges Interest Policy. Where both
planning applications apply, development charges under subsections 3.16 and
3.17 shall be calculated on the rates, including interest in accordance with the
City's Development Charges Interest Policy, payable on the anniversary date each
The Corporation of the City of Richmond Hill
By-law 9-24
Page 12
year thereafter, set out in Schedule "B" on the date of the later planning
application, including interest.
3.27. Despite subsections 3.24 to 3.26, 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, in accordance with section 27 of
the Act.
4.
RESERVE FUNDS
4.1.
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 8 of subsection 5( 1) of the Act.
5.
INTEREST ON REFUNDS
5.1. 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.
5.2.
Refunds that are required to be paid under subsection 5.1 shall be paid to the owner
who made the payment.
5.3.
Refunds that are required to be paid under subsection 5.1 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 6.1 shall be calculated and paid on a fluctuating basis in accordance
with the quarter-yearly adjustment of the interest rate as established in subsection
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.
6.
INDEXING
6.1.
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.
7.
SCHEDULES
The following schedules to this by-law form an integral part thereof:
Schedule "A" -
Designated Municipal Services and Classes of Services
Schedule "B" -
City-wide Parks and Recreation Services Development Charges:
Residential Development Charges by Unit Type
Schedule "C" -
City-wide Parks and Recreation Services Development Charges:
Non-Residential Development Charges by Square Metre of Gross
Floor Area by Retail Uses and Non-Retail Uses
The Corporation of the City of Richmond Hill
By-law 9-24
Page 13
Schedule "D" - Calculation of Development Charges Credits provided to Derelict
Buildings
8.
DATE BY-LAW IN FORCE
8.1.
This by-law shall come into force upon passage.
9.
REPEAL
9.1.
Upon the coming into force of this by-law, By-law 47-19 and Amending By-law 34-
21 are hereby repealed.
Passed this 27th day of March, 2024.
The Corporation of the City of Richmond Hill
By-law 9-24
Page 14
SCHEDULE "A" TO BY-LAW 9-24
DESIGNATED MUNICIPAL SERVICES AND CLASSES OF SERVICE UNDER THIS
BY-LAW
City-Wide Services:
Parks and Recreation Services
-
Outdoor Recreation and Park Development, Amenities and Trails
-
Parks and Recreation Vehicles and Equipment
-
Indoor Recreation Facilities
The Corporation of the City of Richmond Hill
By-law 9-24
Page 15
SCHEDULE "B" TO BY-LAW 9-24
CITY-WIDE PARKS AND RECREATION SERVICES DEVELOPMENT CHARGES:
RESIDENTIAL DEVELOPMENT CHARGES BY UNIT TYPE
Rates presented in 2023 $
Service/
Single and
Multiple
Apartments -
Apartments -
Special Care
Class of
Semi-Detached
Large (>=700
Small (<700
/ Special
Service
Dwelling
sq.ft.)
sq.ft.)
Dwelling
Units
Parks and
$22,738
$18,905
$14,360
$10,194
$7,183
Recreation
Services
The Corporation of the City of Richmond Hill
By-law 9-24
Page 16
SCHEDULE "C" TO BY-LAW 9-24
CITY-WIDE PARKS AND RECREATION SERVICES DEVELOPMENT CHARGES:
NON-RESIDENTIAL DEVELOPMENT CHARGES BY SQUARE METRE OF GROSS
FLOOR AREA BY RETAIL USES AND NON-RETIAL USES
Rates presented in 2023 $
Service/
Retail
Non-Retail
Retail
Non-Retail
Class of
(per sq.m. of
(per sq.m. of
(per sq.ft. of
(per sq.ft. of
Service
Gross Floor Area)
Gross Floor Area)
Gross Floor Area)
Gross F~oor Area)
Parks and
$43.70
$33.05
$4.06
$3.07
Recreation
Services
The Corporation of the City of Richmond Hill
By-law 9-24
Page 17
SCHEDULE "D" TO BY-LAW 9-24
CALCULATION OF DEVELOPMENT CHARGES CREDITS PROVIDED TO
DERELICT BUILDINGS
Number of Months From Date of Demolition Permit Issuance
Credit Provided
to 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