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THE CITY OF VAUGHAN
BY-LAW
BY-LAW NUMBER 109-2022
A By-law to impose City-Wide Development Charges repealing and replacing
By-law 083-2018.
WHEREAS subsection 2(1) of the Development Charges Act, 1997, SO 1997, c 27
("Act"), as amended, 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 for which the
by-law applies;
AND WHEREAS at the direction of Council of The Corporation of the City of Vaughan
(the "Council"), Hemson Consulting Ltd. has prepared a City-Wide Development
Charges Background Study entitled "2022 City-Wide Development Charges Background
Study", dated March, 29, 2022 (the "Background Study"), which indicates that the
development of any land within the City of Vaughan will increase the need for services as
defined therein;
AND WHEREAS as of April 12, 2022 Council made the Background Study and draft
version of this By-law available to the public in accordance with the Act;
AND WHEREAS on May 10, 2022, Council held a public meeting at which all persons in
attendance were provided with an opportunity to make representations relating to the draft
By-law in respect to the 2022 City-Wide Development Charges Background Study in
accordance with the Act;
AND WHEREAS notice of the public meeting was given on April 20, 2022 date in
accordance with the Act and Ontario Regulation 82/98;
AND WHEREAS on June 28, 2022, Council by resolution adopted the Background Study
and determined that it was not necessary to hold any further public meetings in respect
of this By-law;
NOW THEREFORE the Council of The Corporation of the City of Vaughan ENACTS AS
FOLLOWS:
Definitions
1.
In this By-law:
(1)
"accessory use" means the use of any building or structure that is naturally
and normally,
(a)
incidental;
(b)
subordinate to; and
(c)
devoted exclusively to the main use on the same lot; and for the
purpose of this By-law, detached buildings or structures which are
accessory uses shall not exceed 100 square metres of gross floor
area.
(2)
"agreement" means a contract between the City and an owner and any
amendment thereto.
(3)
"agricultural use" means lands, buildings, or structures, excluding any
portion thereof used as a dwelling unit, used, 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; but does not include a commercial use or a
marijuana operation.
(4)
"air supported structure" means a structure consisting of a pliable
membrane that achieves and maintains its shape and support by internal
air pressure.
(5)
"apartment building" means a residential use building, or the residential
use portion of a mixed-use building, other than a townhouse containing four
or more dwelling units each of which shall have access to above grade
common halls, stairs, elevators, and yards.
(6)
"area specific development charge" and "special service area
development charge" mean a charge imposed with respect to growth-
related net capital costs against a defined land area for specified services
under the applicable By-law.
(7)
"atrium" means a large open space extending through several floors in a
building that is open to the ceiling.
(8)
"basement" means a storey, the floor of which is at least 0.75 metres below
finished grade, provided that not more than one half of its height from the
floor of the underside of the floor joist is below the finished grade.
(9)
"building or structure" means a permanent enclosed structure occupying
an area greater than 10 square metres, consisting of a wall, roof, and/or
floor, or any of them, or a structural system serving the function thereof,
which includes, but is not limited to, air-supported structures or industrial
tents.A canopy however shall not be considered a building or structure for
the purpose of this By-law and shall not attract development charges.
(10)
"building permit" means a permit issued under the Building Code Act,
1992, SO 1992, c 23 which permits the construction of a building or
structure, or which permits the construction of the foundation of a building
or structure.
(11)
"canopy" means an overhanging, projection, or covering connected to a
principal use on the lands, such as over a gas bar or outdoor storage.
(12)
"capital cost" means costs incurred or proposed to be incurred by the City
or a local board directly or by others on behalf of, and as authorized by, a
municipality or local board under an agreement, required for the provision
of services designated in the By-law within or outside the City,
(a)
to acquire land or an interest in land, including a leasehold interest;
(b)
to improve land;
(c)
to acquire, lease, construct, or improve buildings and structures;
(d)
to acquire, lease, construct, or improve facilities including:
(i)
rolling stock with an estimated useful life of seven (7) years or
more years;
(ii)
furniture and equipment, other than computer equipment; and
(iii)
materials acquired for circulation, reference, or information
purposes by a library board as defined in the Public Libraries
Act, RSO 1990, c P.44;
(e)
to undertake studies in connection with any of the matters in clauses
(a) to (d);
(f)
for the development charge background study required before
enactment of this By-law; and
(g)
for interest on money borrowed to pay for costs described in any of
the matters in clauses (a) to (d).
(13)
"cellar" means the portion of a building below the lowest storey which has
more than one-half of its height from the floor to the underside of the floor
joists below the finished grade.
(14)
"City" means The Corporation of the City of Vaughan.
(15)
"college" means an institution established under the Ontario Colleges of
Applied Arts and Technology Act, 2002, SO 2002, c 8, Sched F.
(16)
"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 substantially increasing the size
or usability thereof and includes redevelopment.
(17)
"development charge" means a charge imposed with respect to growth-
related net capital costs against land under this By-law.
(18)
"duplex" means a building comprising, by horizontal division, two dwelling
units, each of which has a separate entrance to grade.
(19)
"dwelling unit" means one or more habitable rooms designed, occupied,
or intended to be occupied as living quarters as a self-contained unit and
shall, at a minimum, contain sanitary facilities, accommodation for sleeping
and a kitchen.
(20)
"engineering services" means services related to a highway, and may
include water supply services, waste water services, and storm water
drainage and control services.
(21)
"existing industrial building" means an existing building or structure to
be used, or designed or intended for,
(a)
manufacturing, producing, processing, storing, or distributing
something;
(b)
research or development in connection with manufacturing,
producing, or processing something;
(c)
retail sales by a manufacturer, producer, or processor of something
they manufactured, produced, or processed, if the retail sales are at
the site where the manufacturing, production, or processing takes
place; and
(d)
office or administrative purposes, if they are:
(i)
carried out with respect to manufacturing, producing,
processing, storage, or distributing of something; and
(ii)
in or attached to the building or structure used for that
manufacturing,
producing,
processing,
storage,
or
distribution.
(22)
"finished grade" means the average elevation of the finished ground level
at the wall(s).
(23)
"funeral home" means a building or structure with facilities for the
preparation of dead persons for burial or cremation, for the viewing of the
body and for funeral services.
(24)
"future development" means development which requires a subsequent
planning approval, in addition to a building permit, which subsequent
approval shall include a site plan approval or a plan of condominium
approval.
(25)
"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 residential use and,
(a)
includes the floor area of a mezzanine and the space occupied by
interior walls and partitions;
(b)
excludes, 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;
(c)
excludes the area of any self-contained structural shelf and rack
storage facility approved by the Building Materials Evaluation
Commission under the Building Code Act,1992, SO 1992, c 23;
(d)
excludes 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, or any part thereof, is a retail motor vehicle
establishment or a standalone motor vehicle storage facility or a
commercial public parking structure;
(e)
exclude the surface area of swimming pools or the playing surfaces
of indoor sport fields including but not limited to hockey arenas, and
basketball courts; and
(f)
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.
(26)
"growth-related net capital cost" means the portion of the net capital cost
of services that is reasonably attributable to the need for such net capital
costs that results or will result from development in all or a defined part of
the City.
(27)
"home occupation" means an occupation permitted in a dwelling unit and
which:
(a)
is clearly secondary to the use of the dwelling unit;
(b)
does not change the external character of the dwelling unit; and
(c)
does not create or become a public nuisance, particularly in respect
to noise, traffic, or parking.
(28)
"large apartment" means a dwelling unit in an apartment building or plex
or stacked townhouse that is 700 square feet or larger in size.
(29)
"live-work unit" means a unit intended for both residential and non-
residential uses concurrently.
(30)
"local board" means a local board as defined in section 1 of the Municipal
Affairs Act, RSO 1990, c M.46 other than a board as defined in subsection
1(1) of the Education Act, RSO 1990, c E.2.
(31)
"lot" means a parcel of land which can be conveyed as a separate parcel
pursuant to the provisions of the Planning Act, RSO 1990, c P.13.
(32)
"marijuana operation" means the cultivation, growth, harvesting,
processing, composting, destruction, packaging, storage and distribution of
plants or parts of plants of the genus Cannabis (marijuana) with a license
for sale as authorized under the Cannabis Act, SC 2018, c 16.
(33)
"mixed-use building" means a building or structure containing a
residential and non-residential use other than a home occupation.
(34)
"mezzanine" means a mezzanine as prescribed in the Building Code
Act,1992, SO 1992, c 23.
(35)
"multiple unit dwelling" includes townhouses, and all other residential
uses that are not included in the definition of apartment, single detached
dwelling, or semi-detached dwelling.
(36)
"net area" means the gross area of land less the area of lands conveyed
or to be conveyed into public ownership for the purpose of open space,
parks, woodlots, storm water management facilities, buffers and road
widenings along Regional Roads, and Ontario Hydro utility corridors, and
less the area of any wood lots in private ownership if zoned as such, but
shall include the area of all road allowances dedicated to the City.
(37)
"net capital cost" means the capital cost less capital grants, subsidies,
and other contributions made to the City, or that Council anticipates will be
made, including conveyances or payments under sections 42, 51, and 53
of the Planning Act, RSO 1990, c P.13 in respect of the capital cost.
(38)
"owner" means the owner of the land or a person who has made under
lawful authority an application for an approval of the development of the
land upon which a development charge or an area specific development
charge is imposed.
(39)
"place of worship" means a building used for the gathering of a religious
or faith-based organization for spiritual purposes.
(40)
"plex" means a duplex, a semi-detached duplex, a triplex, or a semi-
detached triplex.
(41)
"redevelopment" means the construction, erection or placing of one or
more buildings or structures on land where all or part of a building or
structure has previously been demolished on such land or changing the use
from a residential to non-residential use or from a non-residential to
residential use or from one residential use to another form of residential use.
(42)
"retail motor vehicle establishment" means a building or structure used
or designed or intended to be used for the sale, rental or servicing of motor
vehicles, or any other function associated with the sale, rental or servicing
of motor vehicles including but not limited to detailing, leasing and
brokerage of motor vehicles, and short or long-term storage of customer
motor vehicles. For a retail motor vehicle establishment, gross floor area
includes the sum of the areas of each floor used or designed or intended
for use for the parking or storage of motor vehicles, including customer and
employee motor vehicles. An exemption may be granted to exclude the sum
of the areas for customer and employee motor vehicles on terms and
conditions to the satisfaction of the City.
(43)
"semi-detached duplex" means one of a pair of attached duplexes, each
duplex divided vertically from the other by a party wall.
(44)
"semi-detached dwelling" means a building divided vertically into two
dwelling units.
(45)
"semi-detached triplex" means one of a pair of triplexes divided vertically
one from the other by a party wall.
(46)
"services" means services designated in this By-law.
(47)
"single detached dwelling" mean 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 the purposes of this By-law.
(48)
"small apartment" means a dwelling unit in an apartment building, a plex
or stacked townhouse that is less than 700 square feet in size.
(49)
"stacked townhouse" means a building, other than a 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.
(50)
"standalone motor vehicle storage facility" means a building or structure
used or designed or intended for use for the storage or warehousing of
motor vehicles that is separate from a retail motor vehicle establishment.
For a standalone motor vehicle storage facility, gross floor area includes the
sum of the areas of each floor used or designed or intended for use for the
parking or storage of motor vehicles, including customer and employee
motor vehicles. An exemption may be granted to exclude the sum of the
areas for customer and employee motor vehicles on terms and conditions to
the satisfaction of the City.
(51)
"storey" means the portion of a building other than the cellar or unfinished
attic which lies between the surface of the floor and the surface of the next
floor above, and if there is no floor above it, then the surface next above it,
provided its height is not less than 2.3 metres.
(52)
"subdivision" includes a condominium.
(53)
"temporary sales centre" means a building or structure, including a trailer,
that is designed or intended to be temporary, or intended to be removed
from the land or demolished after use and which is used exclusively as an
office or presentation centre, or both, for new building sales.
(54)
"triplex" means a building comprising 3 dwelling units, each of which has
a separate entrance to grade.
(55)
"university" has the same meaning as defined in section 171.1 of the
Education Act, RSO 1990, c E.2.
(56)
"use, commercial" means the use of any land, building or structure for the
purpose of buying and selling commodities or supplying services as
distinguished from such uses as manufacturing or assembly of goods,
warehousing, and construction.
(57)
"use, industrial" means the use of any land, building or structure for
construction, warehousing, manufacturing, processing, or assembly of
materials to finished products or byproducts, including the storage of such
materials and products.
(58)
"use, institutional" means the use of any land, building or structure by any
organization owned or operated for religious, educational, charitable,
recreational, or governmental purposes, whether or not supported in whole
or in part by public funds.
(59)
"use, non-residential" means the use of any land, building or structure, or
any part thereof, for use other than a residential use, and shall include
commercial use, industrial use, and institutional use.
(60)
"use, residential" means the use of any land, building or structure for a
single detached dwelling, semi-detached dwelling, multiple unit dwelling,
apartment, or any other type of dwelling unit.
Rules - Application, Exemptions and Exceptions
2.
(1)
This By-law applies to all land and to all uses of any land, building or
structure within the City whether or not the land, building or structure, or use
thereof, is exempt from taxation under section 3 of the Assessment Act,
RSO 1990, c A.31.
(2)
Despite subsection 2(1), this By-law does not apply to any land, building or
structure within the City owned by and used for the purposes of,
(a)
a local board;
(b)
a board of education as defined in section 1(1) of the Education
Act, RSO 1990, c E.2;
(c)
the City or any of its local boards including land leased by these
entities from the Crown in the right of Canada or Ontario;
(d)
lands, buildings or structures owned by Metrolinx and used for transit
related purposes;
(e)
any area municipality within the Regional Municipality of York;
(f)
the Regional Municipality of York or any of its local boards;
(g)
a public hospital receiving aid under the Public Hospitals Act, RSO
1990, c P.40; and
(h)
lands vested in or leased to a university or college that receives
regular and ongoing operating funds from the government for the
purposes of post-secondary education if the development for which
charges under this By-law would otherwise be payable is intended
to be occupied and used by the university or college.
(3)
Development charges for the services designated in Schedule "A" shall be
imposed and calculated in the amounts specified in Schedule "B" and shall
be collected in accordance with this By-law on all development in the City
for residential use or non-residential use purposes.
(4)
For determining development charges under this By-law, any residential
use dwelling that is less than 700 square feet of total gross floor area shall
be deemed a small apartment and pay the corresponding development
charge set out in Schedule "B".
(5)
Development charges provided for in subsection 2(3) apply where the
development requires,
(a)
the passing of a zoning By-law or of an amendment thereto under
section 34 of the Planning Act, RSO 1990, c P.13;
(b)
the approval of a minor variance under section 45 of the Planning
Act, RSO 1990, c P.13;
(c)
a conveyance of land to which a By-law passed under subsection
50(7) of the Planning Act, R.S.O. 1990, c.P.13 applies;
(d)
the approval of a plan of subdivision under section 51 of the Planning
Act, RSO 1990, c P.13;
(e)
a consent under section 53 of the Planning Act, RSO 1990, c P.13;
(f)
the approval of a description under section 50 of the Condominium
Act, 1998, SO 1998, c19; or
(g)
the issuing of a permit under the Building Code Act, 1992, SO 1992,
c 23 in relation to a building or structure.
(6)
The City shall not apply more than one development charge provided for in
this By-law on land even though two or more of the actions described in
subsection 2(5) are required before the land can be developed.
(7)
Despite subsection 2(6), if two or more of the actions described in
subsection 2(5) occur at different times and if the subsequent action or
actions has the effect of increasing the need for services, a development
charge shall be imposed, calculated, and collected pursuant to subsection
2(3) limited to the increase.
(8)
Notwithstanding any other provisions of this By-law, a building or structure
shall be exempt from the payment of development charges provided that it
is for
(a)
a temporary use permitted under a zoning by-law enacted under
section 39 of the Planning Act, RSO 1990, c P.13;
(b)
an accessory use and, without restricting the generality of the
foregoing, including a tent or canopy used on a temporary or
seasonal basis;
(c)
a home occupation;
(d)
an agricultural use;
(e)
a renovation of an existing building which does not alter, if a
residential use, the number of units, or, if a non-residential use, the
gross floor area thereof;
(f)
a temporary sales centre;
(g)
the relocation of a built heritage structure that is listed under section
27 of the Ontario Heritage Act, RSO 1990, c O.18or designated
under Part IV or V of the Ontario Heritage Act, RSO 1990, c O.18;
(h)
Land, 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, including mausoleums
and columbariums, but excluding funeral homes; or
(i)
Buildings or structures owned by and used for the purpose of a
conservation authority, unless such buildings or structures are used
primarily for or in connection with (i) recreational purposes for which
the conservation authority charges admission, or (ii) any commercial
use.
(9)
Subsection 2(3) shall not apply in respect of an action mentioned in
subsection 2(5), 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 in certain existing
residential buildings and ancillary structures to them as prescribed
under s 2(3) of the Act.
(10)
Notwithstanding any other provisions of this By-law, the creation of a
second dwelling unit in certain proposed new residential buildings including
structures ancillary to dwellings are exempt from development charges to
the extent as prescribed under s 2(3.1) of the Act.
(11)
If a development includes the enlargement of the gross floor area of an
existing industrial building, the amount of the development charge that is
payable in respect of the enlargement is determined in accordance with the
following:
(a)
if the gross floor area is enlarged by 50 per cent or less, the amount
of the development charge in respect of the enlargement is zero. For
the purpose of this subsection, the gross floor area of an existing
industrial building shall be calculated as it existed prior to the first
enlargement in respect of that building for which an exemption under
section 4 of the Act is sought.
(b)
if the gross floor area is enlarged by more than 50 per cent, the
development charges are payable on the amount by which the
enlargement exceeds 50 per cent of the gross floor area before the
enlargement. For the purpose of this subsection, the gross floor area
of an existing industrial building shall be calculated as it existed prior
to the first enlargement in respect of that building for which an
exemption under section 4 of the Act is sought.
(c)
the exemption for industrial enlargement shall apply only to the
enlargement of the gross floor area of an existing industrial building,
(i)
where such enlargement is attached to the existing industrial
building, the enlargement must not be attached to the existing
industrial building by means only of a tunnel, bridge,
passageway, shared below-grade connection, foundation,
footing, shared connected roof, or parking facility;
(ii)
where both the enlargement and existing industrial building
are constructed on lands owned by the same beneficial
owner; and
(iii)
shall only apply to the enlargement or enlargements of the
existing industrial building to a maximum of the aggregate of
50 per cent of the gross floor area of the existing industrial
building while this By-law remains in force.
Place of Worship
(12)
Despite subsection 2(3), 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.
Mixed Use
(13)
Development charges applicable to a mixed-use building shall be the
aggregate of the amount applicable to the residential use component and
the amount applicable to the gross floor area of the non-residential use
component.
(14)
Live-work units will be assessed at the residential rate based on the
assigned class and the non-residential rate for the gross floor area related
to the non-residential use.
ADMINISTRATION
Development Charge Payment and Calculation Date
3.
(1)
All development charges payable shall be paid by certified funds to the City
Treasurer.
(2)
Unless otherwise provided in this section or by an agreement, a
development charge is calculated and payable, as the case may be, on the
date a building permit is issued for development on land to which a
development charge applies, and no building permit shall be issued until the
development charge is paid in full.
(3)
Unless otherwise provided by agreement, a residential use development
pursuant to a plan of subdivision under section 51 of the Planning Act, RSO
1990, c P.13, shall pay the engineering services component of the
development charge as identified on Schedule "B" immediately upon
entering into the subdivision agreement, and the remainder of the
development charge shall be payable pursuant to subsection 3(2) unless
such a plan of subdivision includes blocks intended for future development,
in which case development charges payable for such blocks shall be
determined at building permit issuance. For the purpose of this subsection,
the development charge component specified payable shall be calculated
on the greater of the actual number of dwelling units proposed in the plan
of subdivision or that permitted or proposed in the zoning by-law.
(4)
For a non-residential use, the development charge payable shall be
calculated on the basis of the gross floor area applied for pursuant to
subsection 3(2).
(5)
Unless otherwise provided by agreement, where section 26.1 of the Act
applies to a development, development charges will be payable in
instalments as provided by section 26.1 of the Act with related interest
calculated and payable in accordance with the City's "DC Interest Policy
Under section 26.1 and section 26.2 of the Development Charges Act,
1997" as amended.
(6)
Unless otherwise provided by agreement, where paragraph s 26.2(1)(a) or
s 26.2(1)(b) of the Act applies to a development, the calculation day for
development charges will be per section 26.2 of the Act with related interest
calculated and payable in accordance with the City's "DC Interest Policy
Under section 26.1 and section 26.2 of the Development Charges Act,
1997" as amended.
(7)
If a use of any land, building or structure that constitutes development but
does not require the issuing of a building permit but requires one or more of
the actions listed in subsection 2(5), a development charge shall be payable
and shall be calculated and collected on the earliest of any of the actions
listed in subsection 2(5) required, or on a date set by agreement.
(8)
Nothing in this By-law shall prevent Council from requiring, as a condition
of any approval pursuant to the Planning Act, RSO 1990, c P.13, that the
owner(s) of land install such local services as Council may require in
accordance with the City's policy in respect of local services.
Credits
4.
(1)
Where the City permits the provision of services in lieu of the payment of all
or any portion of a development charge, the City shall give a credit for an
amount equal to the reasonable cost to the owner of providing the services,
as determined by the City, provided such credit shall relate only to the
portion of the development charge attributable to the services provided,
unless otherwise agreed by the City.
(2)
The City may by agreement permit an owner to provide services additional
to or of a greater size or capacity than is required, and the City may give a
credit for an amount up to the reasonable cost to the owner of providing the
services as determined by the City, provided that no such credit may be
given for any part of the cost of 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 Act.
Redevelopment Allowances
5.
(1)
Unless otherwise provided, where development is to replace in whole or in
part a building or structure that exists or has existed on the land 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, and a
building permit is issued within 48 months from the date of issuance of the
demolition permit, the development charge applicable to the redevelopment
shall be reduced by a redevelopment allowance, without interest, in an
amount equal to the total of,
(a)
for a residential use, the development charge for the number and
types of lawful dwelling units shown on the assessment roll for the
lot;
(b)
for a non-residential use, the development charge for the lawful gross
floor area shown on a demolition permit, in the records of the City, or
on constructed building plans certified as such by a registered
professional engineer; and
(c)
all at the development charge applicable to such dwelling units or
gross floor area pursuant to subsection 2(3), provided that where
such replacement is for a change in use from either residential to
non-residential, or from non-residential to residential, only that
portion of the development charge for the existing use which is
attributable to the services comprising the charge for the proposed
use shall apply. For further clarity, where there is a redevelopment
that includes a change of use of all or part of a residential building or
structure to a non-residential use, the amount of the reduction will be
equal to the amount of the development charge under the service
categories: (1) Development Related Studies, (2) Fire and Rescue
Services, (3) Services Related to a Highway: Public Works -
Buildings and Fleet, and (4) Engineering Services for the number and
type of units being converted to non-residential use.
(2)
Despite subsection 5(1), no redevelopment allowances shall be made in
excess of the development charges payable.
(3)
Any building or structure for which a demolition permit is issued after this
By-law comes into force and effect is considered by Council to have been
the equivalent of derelict prior to the issuance of the demolition permit for
the purposes of applying the Region of York Development Charges By-law.
GENERAL
Annual Adjustment
6.
The development charges established pursuant to section 2 of this By-law shall
be adjusted annually, without amendment to this By-law, as of the 1st day of July
in each year, commencing on July 1, 2023, in accordance with the most recent
change in the Statistics Canada Quarterly, Non-Residential Building Construction
Price Index for Toronto (Table 18-10-0135-01 or successor).
General
Term
7.
(1)
This By-law shall come into full force and effect on June 1, 2023.
(2)
This By-law shall expire five years from the date that it comes into force and
effect, unless repealed at an earlier date.
(3)
Nothing in this By-law shall be construed so as to commit or require the City
to authorize or proceed with any specific capital project at any specific time.
Transitional Provisions
8.
If before the coming into force of this By-law an owner or previous owner has made
a payment for services described in this By-law or provided services in lieu thereof
as required under the City's Development Charges By-law 083-2018 as amended,
the actual amount of such payment or the provision of services as determined by
the City without interest shall be credited to the owner as if paid or provided under
this By-law.
Schedules
9.
Schedules "A" and "B" attached hereto form a part of this By-law.
Repeal
10.
By-law 083-2018 is hereby repealed effective on the date that this By-law comes
into full force and effect.
Registration
11.
A certified copy of this By-law may be registered in the By-law register in the York
Region Land Registry Office and/or against the title to any land to which this
By-law applies.
Severability
12.
Should any section or part of a section of this By-law be determined by a court or
tribunal of competent jurisdiction to be invalid or of no force and effect, that section
or part shall be severable and the remainder of this By-law will continue to operate
in full force and effect.
Headings
13.
The headings inserted in this By-law are for convenience of reference only and
shall not affect the interpretation of this By-law.
Short Title
14.
This By-law may be cited as the "City-Wide Development Charges By-law, 2022".
Enacted by City of Vaughan Council this 28th day of June, 2022.
Hon. Maurizio Bevilacqua, Mayor
Todd Coles, City Clerk
Authorized by Item No. 2 of Report No. 30
of the Committee of the Whole
Adopted by Vaughan City Council on
June 28, 2022.
Schedule "A": Services
Eligible general services (or soft services)
-
Development Related Studies
-
Library Services
-
Fire and Rescue Services
-
Community Services (which includes Parks and Recreation and Services related
to proceedings under the Provincial Offences Act, including By-law enforcement
services and municipally administered court services).
-
Services Related to a Highway: Public Works - Buildings and Fleet
Engineering Services (or hard services)
-
Services Related to a Highway (includes roads, structures, land requirements,
sidewalks, streetlights, active transportation, and urban design)
-
Water and Wastewater Services
-
Storm drainage and control (mostly related road related infrastructure)
-
Development-related studies
Schedule "B"
City of Vaughan City Wide Development Charges1
(Effective from June 1, 2023 to June 1, 2028)
Residential Use Development
Charges
Engineering
Services2
General
Services
3
Total Per Unit
Development
Charge5
Single & Semi-Detached Dwellings
$55,975
$24,445
$80,420
Multiple Unit Dwellings
$46,051
$20,112
$66,163
Large Apartments
$34,784
$15,190
$49,974
Small Apartments
$25,069
$10,947
$36,016
Non-Residential Use Development
Charges4
$252.66
Total Per
Square Metre
of GFA
Development
Charge
1All rates subject to normal indexing - rates shown are current as of June 1, 2023
2Engineering Services portion of Residential Development Charge paid at
Subdivision Agreement execution
3Remainder General Services portion of Residential Development Charge paid at
Building Permit issuance where there is a Subdivision Agreement
4Total Non-Residential Development Charges paid at Building Permit issuance
5Pursuant to section 26.1 of the Development Charges Act, 1992 instalment
payments may be applied for eligible developments.