By-law - OLT Amend 6454-22 Community Benefits Charge By-law - 20240923 - 6641-24
The Corporation of the Town of Aurora
By-law Number 6641-24
Being a By-law to amend By-law Number 6454-22, as amended, to require the
payment of community benefits charges within the Town of Aurora.
Whereas under subsection 37(2) of the Planning Act, R.S.O. 1990, c. P.13, as amended
(the “Planning Act”), the council of a local municipality may by by-law impose
community benefits charges against land to pay for the capital costs of facilities,
services and matters required because of development or redevelopment in the area to
which the by-law applies;
And whereas on September 20, 2022, the Council of The Corporation of the Town of
Aurora (the “Town”) enacted By-law Number 6454-22 (the “Community Benefits Charge
By-law”), being a by-law to establish community benefits charges within the Town of
Aurora;
And whereas on September 23, 2024, the Ontario Land Tribunal issued a decision, under
OLT Case No. OLT-22-004781 (the “Decision”), approving amendments to the
Community Benefits Charge By-law, following an appeal pursuant to 37(17) of the
Planning Act;
Now therefore the Community Benefits Charge By-Law is amended by the Ontario
Land Tribunal as follows:
1. Section 6.1 of By-law Number 6454-22 be and is hereby amended by adding the
following:
“(1.1) The amount of the community benefits charge payable in any particular
case is 4% of the value of the land, as of the valuation date, multiplied by the
ratio of “A” to “B” where,
“A” is the gross floor area of any part of a building or structure, which part is
proposed to be erected or located as part of the development or
redevelopment, and
“B” is the gross floor area of all buildings and structures that will be on the
land after the development or redevelopment.
(1.2) Development or redevelopment that includes affordable residential units or
attainable residential units, as defined in subsection 4.1(1) of the Development
Charges Act, 1997, S.O. 1997, c.27 (“DC Act”), or residential units described in
subsection 4.3(2) of the DC Act, the community benefits charge applicable to
such a development or redevelopment shall not exceed the amount determined
under subsection 37(32) multiplied by the ratio of A to B where,
“A” is the gross floor area of all buildings that are part of the development or
redevelopment minus the gross floor area of all affordable residential units,
attainable residential units and residential units described in subsection 4.3
(2) of the DC Act; and
“B” is the gross floor area of all buildings that are part of the development or
redevelopment.”
Pursuant to the Decision of the Ontario Land Tribunal issued on the 23rd day of
September, 2024, under OLT Case No. OLT-22-004781.