BYLAW - ZBA Prohibit Land Building Use Erection Unless Municipal Services Available - 20140715 - 563214THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5632-14
BEING A BY-LAW to amend
By-Jaw Number 2213-78, as
amended, to prohibit the
use of land or the erection
or use of buildings or
structures unless municipal
services are available.
WHEREAS paragraphs 1 and 2 of subsection 34(1) of the Planning Act, R.S.O.
1990, c. P.13, as amended (the "Act"), state that zoning by-laws may be passed by
the councils of local municipalities in order to restrict the use of land or restrict the
erection, location, and use of buildings within defined areas of the municipality;
AND WHEREAS subsection 34(5) of the Act states that a by-law passed under
paragraph 1 or 2 of subsection 34(1) may prohibit the use of land or the erection or
use of buildings or structures unless such municipal services as may be set out in the
by-law are available to service the land, buildings or structures, as the case may be;
AND WHEREAS the Council of The Corporation of the Town of Aurora (the "Town")
enacted By-law Number 2213-78, as amended (the "Zoning By-law") pursuant to
subsection 34( 1) of the Act;
AND WHEREAS the Council of the Town deems it necessary to further amend the
Zoning By-law to prohibit the use of land or the erection or use of buildings or
structures unless municipal services are available;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
1. THAT the Zoning By-law be and is hereby amended to add the following:
"SECTION 44 REQUIREMENT FOR MUNICIPAL SERVICES
44.1 Definitions
In addition to the definitions provided for in this by-law, the following
definitions shall apply to this section:
(a) "Subdivision" means a plan of subdivision, draft approved or
registered in accordance with section 51 of the Planning Act,
R.S.O. 1990, c. P.13, or similar legislation, where the public
highways and lanes within the plan have not been assumed by
the authority having jurisdiction.
(c) "Town" means The Corporation of the Town of Aurora.
44.2 Municipal services are deemed to be available to a Dwelling Unit within
a Subdivision when the roads, water, storm sewer and sanitary sewer,
and stormwater management facilities required to service the
Subdivision satisfy the following requirements:
(a) the public highways and lanes in the Subdivision have been
constructed to base course asphalt;
(b) the watermains, sanitary sewers, storm sewers, and stormwater
management facilities necessary to service a Dwelling Unit
building have been constructed an are operational;
By-law Number 5632-14 Page 2 of 5
(c) the following requirements with respect to any necessary
sanitary, storm and watermain trunks and stormwater
management facilities external to the site or Subdivision have
been satisfied:
i. all property required for the service has been dedicated to
the Town or other government having jurisdiction, if
applicable;
ii. the contract for the construction of the service has been
awarded;
iii. a construction schedule, confirming completion and
operation of the external service prior to occupancy, has
been provided to the satisfaction of the Town's Director of
Infrastructure & Environmental Services or his or her
designate;
iv. the Town or other government having jurisdiction has
received adequate security for the construction of the
external services, if it is intended to be constructed by a
private party; and
v. approvals have been received by the owner from the
Town or other agencies having jurisdiction for the
construction of the services;
(d) the watermain and any required service connections 100mm in
diameter or greater in size have been disinfected in accordance
with Ontario Provincial Standard Specifications 701 and
American Water Works Association Standard C651-99, and the
water meets Provincial quality standards and such other
standards as are adopted by the Town;
(e) the watermain and any required service connections 100mm in
diameter or greater in size have been hydrostatically tested in
accordance with Ontario Provincial Standard Specification 701
and American Water Works Association Standards C600-99 and
C605-94 or such other standards adopted by the Town;
(f) a water flow test has been conducted in accordance with NFPA
Standard 291 and at no point in the system are the following
flow standards for firefighting purposes not met: 5,000
litres/minute at 140 kPa for detached Dwelling Units and 7,000
litres/minute at 140 kPa for multiple Dwelling Unit buildings or
such other standard adopted by the Fire Chief of Central York
Fire Services;
(g) two separate accesses into any Subdivision have been provided
and kept open for the purposes of emergency services access
and egress, to the satisfaction of the Fire Chief of Central York
Fire Services; and
(h) notwithstanding clause (g) above, a single access into any
Subdivision, to the satisfaction of the Fire Chief of Central York
Fire Services may be permitted where any Dwelling Unit to be
constructed is not more than 100 metres, measured along the
said access, from any existing, assumed public highway that is
connected to the said single access.
44.3 Municipal services are deemed to be available to a Dwelling Unit that is
not within a Subdivision when the roads, water, storm sewer and
By-law Number 5632-14 Page 3 of 5
sanitary sewer, and stormwater management facilities required to
service the Dwelling Unit satisfy the following requirements:
(a) where the Dwelling Unit does not front directly on an assumed
public highway, an access route for fire department use, in
accordance with the provisions of the Building Code, 0. Reg.
350/06 or any successor legislation or regulation, has been
provided;
(b) where any sanitary, storm, watermain trucks or stormwater
management facilities external to the site have not been
constructed, confirmation of the following has been provided to
the Director of Infrastructure & Environmental Services, or his or
her designate;
i. all property required for the service has been dedicated to
the Town or other government having jurisdiction, if
applicable;
ii. the contract for the construction of the service has been
awarded;
iii. a construction schedule, confirming completion and
operation of the external service prior to occupancy, has
been provided to the satisfaction of the Town's Director of
Infrastructure & Environmental Services, or his or her
designate;
iv. the Town or other government having jurisdiction has
received adequate security for the construction of the
external services, if it is intended to be constructed by a
private party; and
v. approvals have been received by the owner from the
Town or other agencies having jurisdiction for the
construction of the services;
(c) where sanitary sewers are not available to the lot on which a
Dwelling Unit is to be located, a permit for a private sewage
disposal system is available;
(d) where a new watermain extension is required to provide water
service, the watermain and any required service connections
1 OOmmm in diameter or greater in size have been disinfected in
accordance with Ontario Provincial Standard Specification 701
and American Water Works Association Standard C651-99, and
the water meets Provincial quality standards and such other
standards as are adopted by the Town;
(e) where a new watermain extension is required to provide water
service, the watermain and any required service connections
1 OOmm in diameter or greater in size have been hydrostatically
tested in accordance with Ontario Provincial Standard
Specification 701 and American Water Works Association
Standards C600-99 and C605-94 or such other standards
adopted by the Town; and
(f) where a new watermain extension is required to provide water
service, a water flow test has been conducted on the watermain
and any service connections 100mm in diameter or greater in
size in accordance with NFPA Standard 291 and at no point in
the system are the following flow standards for firefighting
purposes not met: 5,000 litres/minute at 140 kPa for detached
By-law Number 5632-14 Page 4 of 5
Dwelling Units and 7,000 litres/minute at 140 kPa for multiple
Dwelling Unit buildings, such other standard adopted by the Fire
Chief of Central York Fire Services.
44.4 Notwithstanding the provisions of any other by-law hereinbefore or
hereafter enacted by the Council of the Town pursuant to s. 34 of the
Planning Act, R.S.O. 1990, c. P.13, as amended or any predecessor
thereof, no land shall be used and no building or structure shall be
erected or used which will result in the creation of any new or additional
Dwelling Units unless:
(a) water and sanitary sewer capacity is available and Council has
allocated water and sanitary sewer capacity to service the said
lands and Dwelling Units, or Council has exempted the
development or the class of development from the requirement
for allocation of capacity, and:
i. the Town's Director of Infrastructure & Environmental
Services has confirmed that the municipal services are
available in accordance with paragraphs 44.2 (a) to (e)
inclusive or paragraphs 44.3 (a) and (f), as the case may
be;
ii. the Fire Chief of Central York Fire Services has confirmed
that paragraphs 44.2 (f) to (h) inclusive or paragraphs
44.3 (a) and (f), as the case may be, have been complied
with; and
iii. the Chief Building Official has confirmed that paragraph
44.3 (c) has been complied with;
(b) with respect to multiple Dwelling Unit buildings, Council has
approved a site plan under section 41 of the Planning Act,
R.S.O. 1990, c. P.13, as amended, and the owner of the land
has executed a site plan agreement, if applicable, and:
i. the Town's Director of Infrastructure & Environmental
Services has confirmed that municipal services are
available in accordance with paragraphs 44.2 (a) to (e)
inclusive or paragraphs 44.3 (b), (d) and (e), as the case
may be;
ii. the Fire Chief of Central York Fire Services has confirmed
that paragraphs 44.2 (f) to (h) inclusive or paragraphs
44.3 (a) and (f), as the case may be, have been complied
with; and
iii. the Chief Building Official has confirmed that paragraph
44.3(c) has been complied with;
and a conditional building permit therefore has been issued by the Chief
Building Official.
44.5 Nothing in this section shall prevent:
(a) the erection of buildings for uses incidental to construction, such
as a construction camp or other such temporary work camp, tool
shed, scaffold or other building or structure incidental to the
construction only for so long as the same are necessary for work
in progress which has neither been finished nor abandoned; and
(b) the erection of model homes and sales offices, subject to such
terms and conditions as established by the Town and provided
By-law Number 5632-14 Page 5 of 5
that an access route for fire department use in accordance with
the Building Code, 0. Reg. 403/97 has been provided.
44.6 This section shall apply to all of the lands within the areas identified on
Schedule "A" to By-law Number 5632-14."
2. THAT Schedule "A" attached hereto shall form part of this By-law and shall be
included as a Schedule to Section 44 of the Zoning By-law.
3. THAT By-law Number4721-05.D be and is hereby repealed.
4. THAT this By-law shall come into full force subject to compliance with the
provisions of the Planning Act, R.S.O. 1990, c. P.13, as amended, and subject
to compliance with such provisions, this By-law will take effect from the date of
final passage hereof.
READ A FIRST AND SECOND TIME THIS 15'h DAY OF JULY, 2014.
READ A THIRD TIME AND FINALLY PASSED THIS 15'h DAY OF JULY, 2014.
SCHEDULE "A" TO BY-LAW NUMBER 5632-14
TOWN OF AURORA
THE REGIONAL MUNICIPALITY OF YORK
LOCATION: TOWN OF AURORA
SUBJECT LANDS