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THE CITY OF VAUGHAN
BY-LAW
BY-LAW NUMBER 201-2022
A By-law to enable the collection of community benefits charges in the City of
Vaughan.
WHEREAS section 37 of the Planning Act, RSO 1990, c P.13, as amended, authorizes
local municipalities to pass a By-law imposing community benefits charges against land
to pay for the capital costs of facilities, services and matters required because of
development or redevelopment;
AND WHEREAS the Council of The Corporation of the City of Vaughan has approved a
community benefits charge strategy as required by subsection 37(9) of the Planning Act
to permit passing of this By-law imposing community benefits charges;
AND WHEREAS in preparing the community benefits charge strategy, The Corporation
of the City of Vaughan has consulted with such persons and public bodies as required by |
subsection 37(10) of the Planning Act,
AND WHEREAS the Council of The Corporation of the City of Vaughan is desirous of
imposing community benefits charges against land to fund the capital costs of the |
facilities, services and matters identified in the community benefits charge strategy;
NOW THEREFORE the Council of The Corporation of the City of Vaughan ENACTS AS
FOLLOWS:
Section 1 - Definitions and Applicability
1(1) DEFINITIONS
In this By-law:
a) "Act" means the Planning Act, RSO 1990, c P.13 as amended.
b) "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 charges under this By-law.
c) "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.
d) "City" means The Corporation of the City of Vaughan.
e) "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
useability thereof.
f) "gross floor area" means the total area of all of the floors in a building above
grade measured from the outside of the exterior wails, but excluding bicycle
parking within a building.
g) "owner" means the owner of the land to be developed or redeveloped including
the person who has made under lawful authority the development or
redevelopment application for which a charge is imposed under this By-law.
h) "redevelopment" means 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.
i) "residential" means the use of land, buildings or structures for human habitation.
j) "residential unit" means a unit that:
i. consists of a self-contained set of rooms located in a building or structure;
ii. is used or intended for use as residential premises; and
iii. contains kitchen and bathroom facilities that are intended for the use of the
unit only.
1(2) This By-law applies to all lands within the corporate limits of the City.
1(3) Acommunity benefits charge will be imposed for development and redevelopment
that requires:
a) the passing of a zoning by-law or of an amendment to a zoning by-law under
section 34 of the Act,
b) the approval of a minor variance under section 45 of the Act;
Cc) a conveyance of land to which a By-law passed under section 50(7) of the
Act applies;
d) the approval of a plan of subdivision under section 51 of the Act,
e) a consent under section 53 of the Act,
f) the approval of a description under section 9 of the Condominium Act, 1998,
SO 1998, c 19; or |
, g) the issuance of a building permit.
| 1(4) Notwithstanding any other sections in this By-law, a community benefits charge
will not be imposed for:
a) development or redevelopment of a building or structure that will create
fewer than five storeys at or above ground;
b) development or redevelopment of a building or structure that will create
fewer than ten (10) new residential units; or
C) additional types of development or redevelopment as prescribed by the Act.
Section 2 -- Charge Requirement and Acceptability of In-Kind Contributions
2(1) As a condition of development or redevelopment of lands in the City, Council
hereby levies a four percent (4%) community benefits charge on the appraised
value of the subject lands, payable by certified cheque.
2(2) Owners who propose an in-kind contribution as an alternative to the required
monetary payment shall provide a proposed initial valuation of the in-kind
contribution in a form satisfactory to the City for review.
2(3) Subject to receiving the valuation in section 2(2), the Deputy City Manager,
Planning and Growth Management (or designate) in cases of developments or
redevelopments with only a site plan application and City Councilin allothercases __
may elect to accept proposed in-kind contributions on terms it deems satisfactory
instead of a monetary payment or a combination thereof based on the community
benefit proposed for the specific development or redevelopment.
2(4) The authority to enter into in-kind contribution agreements as approved per section
2(3) is delegated to the Deputy City Manager, Planning and Growth Management
(or designate) and shall be in a form satisfactory to the Deputy City Manager, Legal
and Administrative Services and City Solicitor (or designate).
2(5) The attributed value of any accepted in-kind contribution shall be deducted from
the total community benefit charges payable under this By-law for the subject |
lands.
2(6) The value of the gross floor area for the uses exempted through section 1(4)c)
shall be deducted from the overall community benefits charge payable for the |
development or redevelopment.
2(7) The value of the gross floor area for the following shall be excluded from the value
of the land used to determine the community benefit charge payable:
a) any pre-existing gross floor area on the land which is the subject of the
development or redevelopment which is neither demolished nor converted
from non-residential uses to residential uses
Section 3 -- Land Valuation for Charge and Dispute Resolution
3(1) Prior to the application for a building permit, the owner shall commission at its sole
expense, an appraisal to determine the applicable community benefits charge .
payable under this By-law.
3(2) All appraisals required under this By-law shall:
a) be conducted by a certified professional appraiser designated as an
| Accredited Appraiser by the Appraisal Institute of Canada with experience
appraising all types of real property;
b) state the criteria used to determine the value presented in the appraisal;
and |
| C) remain valid for a maximum period of one (1) year from the appraisal date.
3(3) An appraisal that does not meet the requirements of section 3(2) of this By-law
does not engage the valuation dispute resolution process in section 37 of the Act.
3(4) The appraisal valuation date of land subject to a charge under this By-law shall be
the day before the day the required first building permit is issued for the
development or redevelopment.
3(5) The City shall maintain a list of at least three independent certified professional
appraisers designated as an Accredited Appraiser by the Appraisal Institute of
Canada, which may be amended from time to time, as required by the valuation
dispute resolution process in accordance with section 37 of the Act.
Section 4 -- Administration
4(1) This By-law may be referred to as the "CBC By-law'.
4(2) Payments required under this By-law shall be received prior to the issuance of a
building permit or, if more than one building permit is required for the development
or redevelopment, the day before the day the first permit is issued.
4(3) 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. |
4(4) All payment collected under this By-law shall be paid into the Community Benefits
Charge Reserve.
4(5) In administering the Community Benefits Charge Reserve the City Treasurer shall:
a) maintain records of all remittances, acquisitions and other details as
prescribed by the Act; | .
b) invest fund money in securities as permitted by the Municipal Act, 2001, SO
2001, c 25 with any earnings returned to the fund; and
C) issue publicly available reports on the fund in a frequency and format as
prescribed by the Act.
4(6) A review of this By-law to determine whether a revision is required will be |
conducted and the results confirmed by Council resolution:
a) within five (5) years after the passing of this By-law; and
b) within five years after the last confirming Council resolution thereafter.
Section 5 -- Coming Into Force and Transition
5(1) This By-law comes into full force and effect on the day of passing.
5(2) Unless repealed, any zoning by-law requiring section 37 contributions for height
and/or density enacted by the City or ordered by the Ontario Land Tribunal before
the passage of this By-law continues to apply after the passage of this By-law, and
the subject lands are not subject to a community benefits charge under this
By-law.
Enacted by City of Vaughan Council this 14t day of September, 2022.
Hon. Maurizio Bevilacqua, Mayor
Todd Coles, City Cierk
Authorized by Item No. 3 of Report No. 30
of the Committee of the Whole
Adopted by Vaughan City Council on
June 28, 2022.