Zoning by-law 63-2024 includes provisions to ensure that there is adequate water and sewer capacity to service a proposed building or structure. These provisions were developed to address servicing capacity for new as-of-right developments in the absence of site-specific zoning by-law amendment applications. Site Plan Control Applications and Building Permit Applications on lands subject to the by-law (Midtown Apartment Neighbourhoods) must now follow a new screening process to demonstrate adequate servicing capacity to achieve zoning compliance prior to approval. The changes are a result of zoning regulations introduced through the by-law for Midtown Apartment Neighborhoods in the Yonge-Eglinton Secondary Plan area, which was adopted by City Council on February 7, 2024.
The by-law focuses on Midtown Apartment Neighborhoods and applies to four Character Areas in the Yonge-Eglinton Secondary Plan:
This map outlines the areas subject to the by-law:
The by-law requires proof of adequate water and sewer capacity to service the proposed building or structure to the satisfaction of the City.
This new requirement builds on existing Regulation 5.10.30.1(1) regarding the availability of services, with exemptions for certain small-scale development and replacement buildings (refer to exceptions RA 801 and RAC 301 of the by-law). Adequate water and sewer capacity must be demonstrated to determine zoning compliance prior to the issuance of a building permit for any form of development not listed in Regulation 900.7.10(801)(B) and 900.8.10(301)(B) of the by-law.
A Sewer and Watermain Capacity Screening is required if a proposal within the area subject to the by-law meets all other zoning regulations (i.e., is in other respects “as-of-right”) or may require a minor variance, and is not subject to Site Plan Approval.
Applicants should complete the Sewer and Watermain Capacity Screening at the same time as the Zoning Applicable Law Certificate and the Building Permit Application.
The Sewer and Watermain Capacity Screening requires the applicant or their consultant to fill out the Sewer Capacity Screening Form and Watermain Capacity Screening Form, which include existing and proposed site servicing information. The City will use the information in the forms to determine whether municipal watermains and municipal sewers, and their appurtenances, have adequate capacity to service the building or structure.
To request a copy of the Sewer Capacity Screening Form and Watermain Capacity Screening Form, e-mail TWCapacity@toronto.ca
The screening will not begin until a complete application is submitted. For an application to be considered complete, the City must receive the following:
Complete applications should be submitted via e-mail to TWCapacity@toronto.ca.
City staff will review and screen submissions. If submissions meet the conditions necessary for ‘No-Objection’, a ‘No-Objection’ letter will be issued to the appropriate Large and Complex Buildings manager in Toronto Building, with a copy sent to the applicant for their records.
Submission of the Sewer Capacity Screening Form and Watermain Capacity Screening Form does not guarantee that a ‘No-Objection’ letter will be issued. For complex submissions, City staff may require more information to support the Sewer and Watermain Capacity Screening.