BYLAW - Establish Development Charges REPEALED BY 5585~14 - 20090526 - 5139~09THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5139-09
BEING a BY-LAW to establish
development charges for the Town of
Aurora and to repeal Aurora development
charge By-law No. 4533-04.F
WHEREAS subsection 2(1) of the Development Charges Act, 1997, S.O. 1997, c. 27,
as amended (the "Act:'), 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 development of the area to which
the by-law applies; ·
AND WHEREAS Council has before ·it a report entitled "Development Charges
Background Study", the Town of Aurora, dated April, 2009 (the "Study");
AND WHEREAS Notice of Public Meeting was given pursuant to section 12 of the Act·
on or before April 16, 2009 and copies of the Study and the proposed development
charge by-law were made available to the public not later than April 22, 2009;
AND WHEREAS a Public Meeting was held on May 6, 2009 to hear comments and
representations from all persons who applied to be heard (the "Public Meeting");
AND WHEREAS the Town's Director of Finance & Treasurer and other Town staff have
reviewed the Study in light of the public comments and representations and provided a
rt;lport to Council dated May 19, 2009;
AND WHEREAS Council at its May 26, 2009, meeting adopted the recommendations
from the Director of Finance & Treasurer including:
a) That Council indicate that it intends to ensure that the increase in the need for
services attributable to the anticipated development will be met, subject to
sufficient development charge revenues being generated and other Town
affordability criteria being met;
b) That Council indicate its intent that the future excess capacity identified in the
Study shall be paid for by the development charges or other similar charges;
c) That Council adopt the capital forecasts prepared in conjunction with the
Development Charges Background Study for the Town of Aurora dated April
2009 subject to annual budget reviews; and
d) That Council determined that no further public meetings were required under
Section 12 of the Act.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
1.0 DEFINITIONS
1.1 In this By-law,
1) "Act" means the Development Charges Act, 1997, S:O. 1997, c. 27, as
amended, or any successor thereto;
2) "accessory use" means where used to describe a use, building or structure,
that the use, building or structure is naturally and normally incidental,
subordinate in purpose of floor area or both, and exclusively devoted to a
principal use, building or structure;
Town of Aurora By-law 5139-09
3) "apartment building" means a residential building, other than a motel or a
hotel, containing three or more dwelling units, where access to each
residential unit is obtained through a common entrance or entrances from
. the street level, and the residential units are connected by an interior
corridor; ·
4) "apartment dwelling unit" means any residential dwelling unit within an
apartment building;
5) "bedroom" means a habitable room. larger than seven square metres,
including a den, study or other similar area, but does not include a living
room, dining room or kitchen;
6) "benefiting area" means an area defined by a map, plan er legal description
in a front-ending agreement as an area that will receive a benefit from the
construction of a service;
7) "board of education" has the same meaning as that specified in the
Education Act, R.S.O. 1990, c. E.2, as amended or any successor thereto;
8) "Building Code Act" means the Building Code Act, 1992, S.O. 1992, c. 23,
as amended, and all Regulations made under it including the Building
Code, as amended, or any successors thereto;
9) "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,
(a) to acquire land or an interest in land, including a leasehold interest,
(b) to improve land,
(c) to acquire, lease, construct orimprove buildings and structures,
(d)· to acquire, construct or improve facilities including,
i) furniture and equipment other than computer equipment, and
ii) materials acquired for circulation, reference or information
purposes by a library board as defined in the Public Libraries Act,
R.S.O. 1009, c. PA4, as amended, and
iii) rolling stock with an estimated useful life of seven years or more,
and
(e) to undertake studies in connection with any matter under the Act and
any of the matters in clauses (a) to (d), including the development
charge background study required for the provision of services
designated in this By-law within or outside the municipality, including
interest on borrowing for those expenditures under clauses (a), (b), (c)
and (d) that are growth related;
1 0) "commercial" means any non-residential development not defined under
"institutional" or "industrial"· '
11) "Council" means the Council of the municipality;
12) "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;
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Town.of Aurora By-law 5139c09
13) ·"development charge" means a charge imposed with respect to this By-law;
14) "dwelling unit" means any part of a building or structure used, designed or
intended to be used as a domestic establishment'in which one or more
persons may sleep and are provided with culinary and sanitary facilities for
their exclusive use, and shall include guest suites available for temporary
use on any basis within any residential use development, but, for clarity,
excludes suites contained within a motel or hotel;
15) "farm building" means that part of a bona fide farming operation
encompassing barns, silos and other development ancillary to an
agricultural use, but excludes a residential use;
16). "grade" means the average level of finished ground adjoining a building or
structure at all exterior walls;
17) "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 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,
the sum of the areas of each floor used, or designed 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 and non-residential
portions of such mixed-use building or structure;
18) "industrial" means lands, buildings or structures used or designed or
intended for use for manufacturing, processing, fabricating or assembly of
raw goods, warehousing or 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 to the general public through a warehouse club;
19) "institutional" means lands, buildings or structures used or designed or
intended for use by an organized body, society or religious group for
promoting a public or non-profit purpose and shall include, but without
limiting the generality of the foregoing, places of worship, and special care
facilities;
20) "local board" has the same meaning as defined in section 1 of the Act;
21) "local services" means those services, facilities or things which are under
the jurisdiction of the municipality and are related to a plan of subdivision or
within the area to which the plan relates in respect of the lands under
section,s 41, 51 or 53 of the Planning Act, R.S.O. 1990, c. P.13, as
amended, or any successor thereto;
22) "mixed use" means land, buildings or structures used, or designed or
intended for use, for a combination of residential and non-residential uses;
23) "mobile home" means any dwelling that is designed to be made mobile,
and constructed or manufactured to provide a permanent residence for
one or more persons, but does not include a travel trailer or tent trailer;
24) "multiple dwellings" means all dwellings other than single-detached, semi-
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Town of Aurora By-law 5139-09
2.0
2.1
detached and apartment dwelling units;
25) "municipality" means The Corporation of the Town of Aurora;
26) "non-residential use" means a building or structure of any kind whatsoever
used, designed or intended to be used for other than a residential use and
includes all commercial, industrial and institutional uses;
27) ''owner" means the 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;
28) "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, R.S.O.
1990, c. A31, as amended, or any successor thereto; ·
29) "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 of a building or structure from residential to non-residential or from
non-residential to residential;
30) "regulation" means any regulation made under the Act;
31) "residential use" means land or buildings or structures of any kind
whatsoever . used, designed or intended to be used as living
accommodation for one or more individuals, and shall include, but is not
limited to a single detached dwelling, a semi-detached dwelling, an
apartment dwelling unit, a multiple dwelling unit and a residential dwelling
unit accessory to a non-residential use, but shall not include institutional
uses, a motel or hotel;
32) "semi-detached dwelling" means a dwelling unit in a residential building
consisting of two dwelling units having one vertical wall or one horizontal
wall, but no. other parts attached, or another dwelling unit where the
residential units are not connected by an interior corridor;
33) "services" (or "service") means those services designated in Schedule "A"
to this By-law; ·
34) "servicfng agreement" means an agreement between a landowner and the
municipality relative to the provision of municipal services to specified
lands within the municipality;
35) "single detached dwelling unit" means a residential building consisting of
·one dwelling unit and not attached to another structure and includes a
mobile home.
DESIGNATION OF SERVICES
The categories of services for which development charges are .imposed under
this By-law are as follows:
a) Library;
b) Fire and Rescue Services;
c) Indoor Recreation;
d) Park Development;
e) Public Works and Transportation;
f) General Government; and,
g) Town-Wide Engineering;
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Town of Aurora By-law 5139-09
2.2 The components of the services designated in subsection 2.1 are described in
Schedule "A"to this By-law. ·
3.0 APPLICATION OF BY-LAW RULES
3.1 A development charge 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 clause
3.4(a).
Area to Which By-Jaw Applies
3.2 Subject to subsection 3.3, this By-law applies to all lands in the geographic area
.of the Town of Aurora.
3.3 This By-law shall not apply to lands that are owned by and used for the
purpC?ses of:
a) the Town of Aurora or a local board thereof;
. b) a. board as defined in section 1(1) of the Education Act; as al\lended; or
c) the Regional Municipality of York or a local board thereof.
Approyals for Development
3A (a) A development charge shall be imposed on all lands, buildings or structures
· .... / that are developed for residential or non-residential uses if the development
requires:
(b)
i. the passing of a zoning by-law or of an amendment to a zoning by-law
· under section 34 of the Planning Act as amended;
ii. The approval of a minor variance under section 45 of the Planning Act
as amended;
iii. a convey;;~ nee of land to which a by-law passed under subsection 50(7)
of the Planning Act as amended applies;
iv. the approval of a plan of subdivision under section 51 of the Planning
Act as amended; ·
v .. a consent under section 53 of the Planning Act as amended;
vi. the approval of a description under section 9 of the Condominium Act,
1998, S.O. 1998, c. 19, as amended; or
vii. the issuing of a permit under the Building Code Act as amended, in
relation to a building or structure.
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 clause 3.4(a) are required before the lands, building or structures can be
developed.
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Town of Aurora By-law 5139-09
(c) Despite clause 3.4(b), if two or more of the actions described in clause
3.4(a) occur at different times, additional development charges shall be
imposed if the subsequent action has the effect.ofincreasing the need. for
services.
Exemptions
3.5.1 Notwithstanding the provisions of this By-law, a development charge shall not
be imposed with respect to:
'3.5.2
a) an enlargement of the gross floor area of an existing industrial building in
accordance with Section 4 of the Act, as detailed in subsection 3.5.2
b) the issuance of a building permit in accordance with subsection 2(3) of the
Act;
c) lands, buildings or structures used or to be used for a place of worship or
the purposes of a churchyard or cemetery exempt from taxation under the
. Assessment Act as amended;
d) the development of non-residential farm buildings constructed for bona fide
farm uses; or
e) Indian lands.
As set out in section 4 of the Act, _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 this subsection 3.5.2.
I (a) The exemption for industrial enlargement provided for in this subsection
3.5.2 shall apply only to the enlargement of the gross floor area of an
existing industrial building. For this section, an "existing industrial building"
shall have the same meaning as those terms in 0. Reg. 82/98 under the
Act as amended, and at the time of application for a building permit, shall
have fifty (50) per cent or more of its gross floor area occupied by industrial
uses.
i) Such enlargement must be.attached to, or within, the existing industrial
buildil1g, but shall not be attached by means only of a tunnel, bridge,
passageway, shared below grade connection, foundation, footing,
shared connected roof or parking facility; and ·
ii) both· the enlargement and existing industrial building must be
constructed on lands owned by the same beneficial owner; and,
iii) the enlargement shall be for a use for or in connection with an industrial
purpose as set out in this by-law.
(b) For the purposes of this subsection 3.5.2, 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) For the purposes of this subsection 3.5.2 only, the enlargement shall be
measured to also include all prior enlargements from the existing industrial
building as determined in clause 3.5.2.(b).
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Town of Aurora By-law 5139-09
(d) If the gross floor area is cumulatively enlarged by fifty (50) per cent or less.
the amount of the development charge in respect of the enlargement is
zero.
(e) If the gross floor area is cumulatively enlarged by more than fifty (50) per
cent, the amount of the development charge in respect of the enlargement
is the amount of the development charge that would otherwise be payable
multiplied by the fraction determined as fotlows:
i) determine the amount of area by which the enlargement exceeds fifty
(50) per cent of the gross floor area before the enlargement.
ii) divide the amount determined under paragraph (i) by the amount of
~rea of enlargement.
Amount of Charges
Residential
3.6.1 The development charges described in Schedule ''13" 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 niixed-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.
3.6.2 Notwithstanding the definition of multiple dwellings, for determining development
-charges applicable under this by-law, a multiple dwelling unit which is less than
850 square feet of total gross floor area and having only one bedroom shall be
deemed a "1 bedroom apartment" and pay the corresponding development
charge setout in Schedule "B".
Non-Residential Uses
3.7 The development charges described in Schedule "B" to this By-law shall be
imposed on non-residential uses of lands, buildings or structures and, in the
case of a mixed-use building or structure, on the non-residential uses in the
mixed-use building or structure, and calculated with respect to each of the
services according to the gross floor area of the non~residential use.
Reduction of Development Charges Where Redevelopment
3.8.1 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
four years prior to the date of payment of a development charge in respect of
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 charge otherwise payable
with respect to such redevelopment shall be reduced by the following amounts:
a) In the .case of a residential or fTiixed-use building or structure containing
residential uses, an amount calculated by multiplying the applicable
development charge under subsections 3.6 and 3.7 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;
b) In the case of a non-residential building or structure, or in the case of a
mixed-use building or structure, the non-residential uses in the mixed-use
building or structure, and amount calculated by multiplying the applicable
development charge under subsections 3.6 and 3.7 of this by-Jaw by the
Page 7 of II
Town of AuroraBy-law 5139-09
non-re.sidential 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.
3.8.2 For purposes of this section, a demolition is deemed to have occurred on the
date of issuance of a demolition permit, or in the case of accidental or natural
destruction of the structure, the date of such occurrence.
3.8.3 Transition: Properties which underwent demolition or change of use as above in
the five year period prior to the adoption of this By-.law, shall have a five year
period from that demolition or change of use to obtain a reduction for such upon
payment of the development charge in respect of the property.
Time of Payment of Development Charges
3.9 A development charge imposed under this section is payable upon issuance of
the first building permit with respect to each building or structure. Where
applicable, a development charge for Town-wide engineered services shall be
payable upon execution of a vacant land condominium agreement, a
development agreement, or a subdivision agreement, with the remaining
applicable portions of the development charge to be payable at issuance of
building permit as above.
3.10 Despite subsection 3.9 of this By-law, 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.
Transition Provision -Permits in Process at Commencement
3.11 For ground related residential properties for which building permit applications
were made prior to the effective date of this by-law and for which building
permits are issued within 30 days following the effective date of this by-law shall
pay the Town of Aurora development charge rates which were in effect at the
time of permit application.
Any permits issued at the old development charge rates pursuant to this
transitional provision and which .are not seriously commenced in the opinion of
the chief building official within six months of issuance may be revoked.
Any permits issued pursuant to this transition provision whi<;h are subsequently
.substantively amended by the applicant shall be required to pay the additional
amount required so that the total Town of Aurora development charges paid
equals the rates imposed by this by-law in effect at the time of issuance of the
amended permit.
4.0 PAYMENT BY SERVICES
4.1 Despite the payments required under subsection 3.9 of this By-law, Council may,
by agreement, give a credit towards a development charge in exchange for work
that relates to a service for which a development .charge is imposed under this
By-law.
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Town of Aurora By-law 5139-09
5.0 INDEXING
5.1 ·The development charge$ set out in Schedule "B'' to this By-law shall be
adjusted annually, with0ut amendment to this by-law, on the first day of January
of each year, commencing on January 1, 2010, in accordance with the Statistics
Canada Quarterly Construction Price Statistics.
6.0 SCHEDULES
6.1 The following schedules to this by-law form an integral part thereof:
Schedule "A"-Components of Services Designated in subsection 2.1
Schedule "B" -Residential and Non-Residential Development Charges
7.0 DATE BY-LAW IN FORCE
7.1 This By-law shall come into force and effect on June 8, 2009
8.0 DATE BY-LAW EXPIRES
8.1 This By-law will expire five (5) years from the date of passage, unless it is
repealed at an earlier date.
9.0 REPEAL OF PREVIOUS BY-LAW
9.1 By-laws No.4533-04.F is hereby repealed upon the coming into force of this By-
law. ·
READ A FIRST AND SECOND TIME THIS 26thth DAY OF MAY, 2009.
READ A THIRD TIME AND FINALLY PASSED THIS 261h DAY OF MAY, 2009.
M. MORRIS, MAYOR
G, TOWN CLERK
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Town of Aurora By-law 5139-09
1.0
2.0
3.0
4.0
5.0
Library Services
Fire Services
Indoor Recreati.on
Park Development
Public Works
5.1 Buildings
5.2 Fleet
5.3 Parking
Schedule "A"
Town of Aurora
Components of Service
6.0 General Government
7.0 Town-wide Engineered Services
7.1 Roads and Related
7.2 Sanitary Sewers
7.3 Watermalns
Page IOofll
Town of Aurora
Development Charges Indexing Worksheet
For January 1, 2011 ·
Index Rate: See www.statscan.gc.ca
3rd quarter to 3rd quarter "Non-residential Building Construction Price Index'' for Toronto
INDEX ADJUSTMENT
Non-Res
Residential: Singles/semi
General Services
Roads and Related
Water Supply and Dist.
Sewage and Sanitary
Total
Residential: rows/mults
General Services
Roads and Related
Water Supply and Dist.
Sewage and Sanitary
Total
Residential: SM rows/mults
General Services
Roads and Related
Water Supply and Dist.
Sewage and Sanitary
Total
Residential: Apts 2+ brms
General Services
Roads and Related
Water Supply and Dist.
Sewage and Sanitary
Total
Residential: Apts <2 brms
General Services
Roads and Related
Water Supply and Dist.
Sewage and Sanitary
~ Prepared by Treasurer
2011 2012
0.80% 4.30%
Indexed Jan 1 2011 Index~ Jari 1 2012
24.62 25.68
11,091 11,568
2;051 2,139
969 1,011
676 705
14 787 15423
8,739 9,115
1,615 1,684
763 796
532 555
11 649 12 150
5,043 5,260
932 972
440 459
307 320
6 722 7 011
6,722 7,011
1,243 1,296
588 613
409 427
8 962 9 347
5,043 5,260
932 972
440 459
307 320
6 722 7 011
Circulation: R. Beat~:nro, Treasurer DC File, A lerullo re Ec. Dev.
F21/Development Charges/2009 Rates Indexing Worksheet
Non~residential Building Construction Price Index: Table 1 Nonwresidentia1 building construction price indexes-Not seaso... Page l of 1
••• Slalistic;s
Canada
Statistique
Cenada
!:!Qrrl_g > The Daily > Tuesday. November 15. 2011 > Non-resjdential Building Construction prjce Index >
Table 1
Canadl
Non-residential building construction price indexes1 -Not seasonally
adjusted
Non-residential buildina construction orice indexes•-Not seasonallv ad"usted
Relative Third Second Third Second quarter to Third quarter 2010
importance1 quarter quarter quarter third quarter 2011 to third quarter
2010 2011 2011 2011
% (2002-100) %change
Composite 100.0 141.9 146.2 147.4 0.8 3.9
Halifax 2.6 137.5 140.7 141.1 0.3 2.6
Montreal 13.1 136.2 139.9 141.2 0.9 3.7
Ottawa-Gatineau, 5.4 145.3 151.0 153.4 1.6 ~ Ontario part
Toronto 35.3 142.9 148.0 149.0 0.7 / 4.3
calgary 16.8 160.2 164.2 165.3 0.7 ( ~
Edmonton 13.4 156.8 160.7 162.2 0.9 3.4
Vancouver 13.4 133.4 137.5 138.6 0.8 3.9
1. Go online to view the census subdivisions that comprise the census metropolitan areas (CMA).
2. The relative importance is calculated using a price adjusted three-year average of the value of building permits for each
CMA.
Date Modified: 2011·11·15
http://www.statcan.gc.ca/daily-quotidien/111115/tlllll5cl-eng.htm 10/01/2012
, __ -,
Town of Aurora
Development Charges Indexing Worksheet
For January 1, 2011
Index Rate: See www.statscan.gc.ca
By-law 5139-09
Schedule "B"
3rd quarter to 3rd quarter "Non-~sidential Building Construction Price Index'' for Toronto
INDEX ADJUSTMENT
Non-Res
Residential: Singles/semi
General Services
Roads and Related
Water Supply and Dist.
Sewage and Sanitary
Total
ReSidential: rows/mults
General Services
Roads and Related
Water Supply and Dist.
Sewage and Sanitary
Total
Residential: SM rows/mulls
General Services
Roads and Related
Water Supply and Dist.
Sewage and Sanitary
Total
Residential: Apts 2+ brms
General Services
Roads and Related
Water Supply and Dist.
Sewage and Sanitary
Total
Residential: Apts <2 brms
General Services
Roads and Related
Water Supply and Dist.
Sewage and Sanitary
Total
-0.90%
Indexed Jan 1, 2010
11,003
2,035
961
671
14,670
8,670
1,602
757
528
11,557
5,003
925
437
305
6,670
6,669
1,233
583
406
8,891
5,003
925
437
305
6670
0.80%
Indexed Jan 1 2011
11,091
2,051
969
676
14 787
8,739
1,615
763
532
11 649
5,043
932
440
307
6,722
6,722
1,243
588
409
8.962
5,043
932
440
307
6,722
June to Sept index change only for Jan 1, 2010
F21/0evelopment Charges/2009 Rates Indexing Worksheet
Schedule "B"
Town of Aurora
Development Charge Summary-Updated May 26, 2009
PROPOSED RESIDENTIAL CHARGE
Charae Per Unit Tvpe 11)
Apartments
Rows and Two Bachelor
Singles/Semis Other bedrooms and
One
SERVICE Multiples and areater Bedroom
GENERAL GOVERNMENT $323 $255 $196 $147
LIBRARY $1,330 $1,048 $806 $605
FIRE SERVICES $178 $140 $108 $81
RECREATION $6,019 $4,742 $3,648 $2,736
PARKS $2,864 $2,257 $1,736 $1,302
PUBLIC WORKS $389 $307 $236 $177
SUB-TOTAL GENERAL
SERVICES $11,103 $8,749 $6,730 $5,048
ROADS AND RELATED $2,053 $1,617 $1,244 $933
WATER SUPPLY AND
DISTRIBUTION $970 $764 $588 $441
SEWAGE AND SANITARY
SEWERS $677 $533 $410 $308
SUB-TOTAL ENGINEERED
SERVICES $3,700 $2,914 $2,242 $1,682
TOTAL CHARGE PER UNIT $14,803 $11,663 $8,972 $6,730
.
PROPOSED NON-RESIDENTIAL CHARGE
Non-Residential
Charge per
SERVICE Square Metre
GENERAL GOVERNMENT $1.81
LIBRARY -
FIRE SERVICES $1.00
RECREATION -
PARKS -
PUBLIC WORKS $2.17
SUB-TOTAL GENERAL SERVICES $4.98
ROADS AND RELATED $10.92
WATER SUPPLY AND DISTRIBUTION $5.15
SEWAGE AND SANITARY SEWERS $3.59
SUB-TOTAL ENGINEERED SERVICES $19.66
TOTAL CHARGE PER SQUARE
METRE $24.64
Town of Aurora
Development Charges Indexing Worksheet
For January 1, 2013
Index Rate: See www.statscan.gc.ca
3rd quarter to 3rd quarter "Non-residential Building Construction Price Index" for Toronto
INDEX ADJUSTMENT
Non-Res
Residential: Singles/semi
General Services
Roads and Related
Water Supply and Dist.
Sewage and Sanitary
Tolal
Residential: rowslmults
General Services
Roads and Related
Water Supply and Oist.
Sewage and Sanitary
Tolal
Residential: SM rows/mulls
General Services
Roads and Related
Water Supply and Oist
Sewage and Sanitary
Tolal
Residential: Apts 2+ bnns
General Services
Roads and Related
Water Supply anp Dist.
Sewage and Sanitary
Tolal
Residential: Apts <2 brms
General Services
Roads and Related
Water Supply and Dist.
~
2012 2013
4.30% 1.80%
Indexed Jan 1 2012 Indexed Jan 1 2013
25.68 26.14
11,568 11,776
2,139 2,178
1,011 1,029
705 718
15423 15701
9.115 9,279
1,684 1,714
796 810
§§ 565
12150 12368
5,260 5,355
972 989
459 487
;lZQ 326
7011 7137
7,011 7,137
1,296 1,319
613 624
427 435
9 347 9515
5,260 5,355
972 989
459 487
320 326
LQ11 7137
Circulation: R. Beaton, C. Janzen, D. Munro, Treasurer DC File, A lerullo re Ec. Dev.
F211Developntent Chargesl2009 Rates Indexing WOrksheet
Ontario Municipal Board
Commission des affaires municipales
de ('Ontario
ISSUE DATE: July 16, 2014
VT INCEPIt PC PE
RIS
CASE NO(S).: DC090020
PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act,
1997,S.0.1997,c.27
Appellants (jointly):
Mattamy (Aurora) Limited, St. John's Road
Development Corp. (Metrus), Veluew Land
Group Inc. (Brookfield/Dekkema), YorkRegion
Christian Seniors Homes Inc., Shimvest
Investment Limited (H & R) and 2B
Builders/Developers, Kylemore (Bayview
Meadows) Ltd., Santorio, Holdings Inc.
(Greenpark), Aspen Ridge Homes (Aurora)
Ltd., Royalcliff Homes Bayview Inc., Country
Wide Homes at Aurora Inc., Prato Estates Inc.,
Minto Communities (Toronto) Inc.
Appellant:
Building Industry and Land Development
Association (BILD)
Subject:
Development Charges By-law No. 5139-09
Municipality:
Town of Aurora
OMB Case No.:
DC090020
OMB File No.:
DC090020
Heard:
July 10, 2014 by telephone conference call in
Toronto, Ontario
APPEARANCES:
Parties, Counsel
Appellant jointly Lynda Townsend
BILD Robert Howe
Town of Aurora Warren Mar
DECISION DELIVERED BY R. ROSSI AND ORDER OF THE BOARD
4
INTRODUCTION
[1] The joint Appellants listed above and the Building Industry and Land
Development Association (BILD) have appealed to the Ontario Municipal Board
("Board") the Development Charge By-law No. 5139-09 ("By-law") of the Town of Aurora
("Town"). This By-law repeals the previous Development Charge By-law No. 4533-
045.
[2] Several weeks before this scheduled teleconference call, the parties advised the
Board that they had reached a settlement of their issues. In support of their agreement,
the parties furnished in advance all of the requisite documents to the Board, which
included the Minutes of Settlement and the new Schedule and Exhibit instruments that
have been placed on the Board's file. Among these, the Board also considered the
affidavit of the expert land economist, Craig Binning, who was the consultant retained
by the Town to prepare the development charge background study respecting the By-
law. His evidence was unchallenged and his was the only planning evidence before the
Board.
[3] Having been persuaded by the Counsels' brief submissions and the planning
evidence on file, the Board allows the appeals in part by amending the By-law by
replacing Schedule "B" thereto with an amended Schedule "B" in the form attached as
Exhibit "D" to the Minutes of Settlement, now placed on the Board's file. In all other
respects, the appeals are dismissed. The Revised Schedule "B" to the By-law is
attached to the Board's Order as Attachment 1.
"R. Rossi"
3
I
Ontario Municipal Board
A constituent tribunal of Environment and Land Tribunals Ontario
Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
ATTACHMENT 1
Town of Aurora Development Charge By-law No. 5139-01
Revised Schedule "B" to By-law
r
SummaryTown of Aurora
Development Charge per OMB
Charge Per Unit Type
Roweand
Apartments
Singles/Semis
Other
Two
Bachelor
SERVICE
Multiples
Bedrooms
and One
and Greater
Bedroom
GENERAL '$147
L
1,17
1
FIRE SERVICES
17
1
1
1
RECREATION
,409
$4,261
PuaucWORKS
356
1
GENERAL SERVICES
$10022
RELATEDSUB-TOTAL
ROADS &
,0 3
$1,617
DISTRIBUTIONWATER SUPPLY &
7
$5 18
1
SEWAGE & SANITARY SEWERS
7
SUB -TOTAL ENGINEERED
SERVICES
$3.700
$2,914
N
-
i
E
mrnve
Non-Residentlall1
Charge per
SERVICE
Squam Mora 1
$ GENERAL
`E
�.
L1 y
FIRE
s
, 0
RECREATION
PARKS
PUBLIC.
SUB-TOTALL SERVICES
{E
ROADS & RELATED09
E
WATER SUPPLY �
$5,15
SEWAGE & SANITARY3
�
5 Q,�
yy
ENGINEERED SERVICES
n
1
N{p�
2xuaY