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By-Law Number 2404
Page 1 of 10
The Corporation of the Town of Essex
By-Law Number 2404
Being a by-law to provide for the dedication of
parkland or the payment in lieu thereof for all
development or redevelopment in the Town of
Essex
WHEREAS section 42 of the Planning Act provides that for the development or
redevelopment of land, the council of a local municipality may, by By-Law, require that land in
an amount not exceeding, in the case of land proposed for Development or Redevelopment
for Commercial or Industrial purposes 2 per cent, and in all other cases 5 per cent, be
conveyed to the municipality for park or other public recreational purposes;
AND WHEREAS section 51.1 of the Planning Act provides that an approval authority may
impose, as a condition of the approval of a plan of subdivision, that land be conveyed to the
local municipality for park or other public recreational purposes, such land not to exceed, in
the case of a subdivision proposed for Commercial or Industrial purposes 2 per cent, and in all
other cases 5 per cent;
AND WHEREAS section 53 of the Planning Act provides that section 51.1 of the Planning Act
also applies to the granting of consents;
AND WHEREAS a Parks Plan was prepared in consultation with the local school boards and
other persons or public bodies the municipality considered appropriate, and made publicly
available on November 20, 2023;
AND WHEREAS the Council of the Town of Essex wishes to use the provisions of the Planning
Act for the purposes of acquiring and providing parkland for the use and enjoyment of the
residents of the Town of Essex;
NOW THEREFORE be it resolved that the Council of The Corporation of the Town of Essex
hereby enacts as follows:
Part 1: Interpretation
Definitions
1. In this By-Law:
(a) "Act" means the Planning Act, R.S.O. 1990, c.P.13
(b) "Affordable Residential Unit" means a residential unit that meets the criteria set out
in subsection 4.1(2) or 4.1(3) of the Development Charges Act;
(c) "Apartment" means a Residential Dwelling comprised of a building containing more
than four Dwelling Units where the units are connected by an interior corridor;
(d) "Attainable Residential Unit" means a residential unit that meets the criteria set out
in subsection 4.1(4) of the Development Charges Act;
(e) "Board of Education" has the same meaning as "board", as defined in the Education
Act, R.S.O. 1990, c.E.2, as amended;
(f) "Commercial" means the use of land, buildings, or structures for a use which is not
industrial, and which are used in connection with:
i.
the selling of commodities to the general public; or
ii.
the supply of services to the general public; or
By-Law Number 2404
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iii.
office or administrative facilities.
(g) "Council" means the Council for the Town of Essex;
(h) "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 usability thereof;
(i) "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;
(j) "Gross Floor Area" has the same meaning as in the Town's Development Charges By-
Law, as amended.
(k) "Industrial" means the use of land, buildings, or structures in connection with:
i.
manufacturing, producing, or processing of raw goods;
ii.
warehousing or bulk storage of goods;
iii.
a distribution centre;
iv.
a truck terminal; or
v.
research or development in connection with manufacturing,
producing or processing of raw goods;
and includes office uses and the sale of commodities to the general public
where such office or retail uses are ancillary to an industrial use, but does
not include a building used exclusively for office or administrative purposes
unless it is attached to an industrial building or structure as defined above,
and does not include a retail warehouse;
(l) "Institutional" means the use of land, buildings, or structures for hospitals, correctional
institutions and associated facilities, municipal facilities, elementary and secondary
schools, colleges, universities, places of worship and ancillary uses, military and cultural
buildings, daycare centres, residential care facilities for more than ten persons and long
term care centres;
(m) "Mixed Use" means the physical integration of two or more of the following uses within
a building or structure or separate buildings or structures on the lands proposed for
Development or Redevelopment: Commercial; Industrial; Institutional; Residential; or
any other use not noted herein;
(n) "Multiple Dwellings" means all dwellings other than single-detached, semi-detached
and apartment unit dwellings;
(o) "Non-profit housing development" means development of a building or structure
intended for use as residential premises by,
i. a corporation without share capital to which the Corporations Act applies, that
is in good standing under that Act and whose primary object is to provide
housing;
ii. a corporation without share capital to which the Canada Not-for-profit
Corporations Act applies, that is in good standing under that Act and whose
primary object is to provide housing; or
iii. a non-profit housing co-operative that is in good standing under the Co-
operative Corporations Act, or any successor legislation.
(p) "Official Plan" means the Town's Official Plan, as amended.
(q) "PIL" means payment-in-lieu of parkland otherwise required to be conveyed.
(r) "Planning Act" means the Planning Act, R.S.O. 1990, c.P.13, as amended,
(s) "Redevelopment" means the removal of a building or structure from land and the
By-Law Number 2404
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further Development of the land or, the expansion or renovation of a building or
structure which results in a change in the character or density of the use in connection
therewith;
(t) "Residential" means the use of land, buildings, or structures for human habitation;
(u) "Residential Unit" means one or more habitable rooms each of which is accessible
from the others and which function as an independent and separate housekeeping unit
in which separate kitchen and sanitary facilities are provided for the use of the
occupants, with a private entrance from outside the building of from a common hallway
or stairway inside the building;
(v) "Rural Area" means those areas designated as not being within a settlement area by
the Official Plan;
(w) "Semi-detached Dwelling" means a building divided vertically into two dwelling units
each of which has a separate entrance and access to grade;
(x) "Shared Use Agreement" means an agreement between a Board of Education and the
Town of Essex for the sharing of buildings and/or property;
(y) "Single Detached Dwelling" means a residential building consisting of one
dwelling unit and not attached to another structure;
(z) "Town of Essex" means The Corporation of the Town of Essex; and
(aa) "Zoning By-Law" means the By-Law passed by the Town of Essex pursuant to section
34 of the Planning Act.
Rules of Interpretation
2. (1) The following rules of interpretation shall be applied to interpretation of this By-Law:
(a) References to items in the plural include the singular, as applicable.
(b) The words "include", "including" and "includes" are not to be read as limiting the phrases
or descriptions that precede them. Any examples provided are intended to be
representative examples and not intended to be an exhaustive list.
(c) Headings are inserted for ease of reference only and are not to be used as interpretation
aids.
(d) Specific references to laws or By-Laws are meant to refer to the current laws applicable
at the time that this By-Law was enacted and shall be interpreted to include
amendments, restatements and successor legislation.
(e) The obligations imposed by this By-Law are in addition to obligations otherwise
imposed by law or contract.
(f) Where this By-Law provides metric and imperial units of measure, the metric unit of
measure shall prevail. For convenience only, approximate imperial measurements may
be provided but are of no force or effect. The abbreviation "mm" stands for millimetres
and "m" stands for metres.
(g) Terms with capitals shall be read with the meaning in section 1 and other words shall be
given their ordinary meaning.
(h) If any court of competent jurisdiction finds any provision of this By-Law is illegal or ultra
vires of the jurisdiction of the Town, such provision shall be deemed to be severable and
shall not invalidate any of the other provisions of this By-Law.
(i) Nothing in this By-Law relieves any person from complying with any provision of any
federal or provincial legislation or any other By-Law of the Town.
(j) Where a provision of this By-Law conflicts with the provisions of another By-Law in force
By-Law Number 2404
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in the Town, the more specific By-Law shall prevail.
Application
3. The provisions of this By-Law apply to the entire geographic area of the Town of Essex.
Exemptions
4. Development or Redevelopment described in the subsections (a) through to and
including (g) shall be exempt from the obligations to convey land or make a PIL under
Parts 2 and 3 of this By-Law:
a) Development or Redevelopment of land, buildings or structures owned by and
used for the purposes of the Town of Essex;
b) Development or Redevelopment of land, buildings or structures owned by and
used for the purposes of a Board of Education, where a Shared Use Agreement
exists;
c) The replacement of any building that is a direct result of destruction due to
accidental fire or other accidental cause provided that no intensification or change
of use is proposed, including but not limited to an increase in total Residential Units
count or Gross Floor Area;
d) The enlargement of an existing Residential Unit provided that the enlargement
does not result in additional Residential Units;
e) The enlargement of an existing Commercial, Industrial, or Institutional building or
structure if the Gross Floor Area is enlarged by 50% or less. The area of the existing
building or structure shall be calculated by reference to the first building permit
which was issued in respect of the building or structure for which the exemption is
sought;
f) Development or Redevelopment of land, buildings or structures for temporary
construction uses as defined by the Town's Zoning By-Law; and
g) Development or Redevelopment or location of,
i.
a second residential unit in a detached house, semi-detached house
or rowhouse on a parcel of land on which residential use, other than
ancillary residential use, is permitted, if all buildings and structures
ancillary to the detached house, semi-detached house or rowhouse
cumulatively contain no more than one residential unit;
ii.
a third residential unit in a detached house, semi-detached house or
rowhouse on a parcel of land on which residential use, other than
ancillary residential use, is permitted, if no building or structure
ancillary to the detached house, semi-detached house or rowhouse
contains any residential units; or
iii.
one residential unit in a building or structure ancillary to a detached
house, semi-detached house or rowhouse on a parcel of urban
residential land, if the detached house, semi-detached house or
rowhouse contains no more than two residential units and no other
building or structure ancillary to the detached house, semi-detached
house or rowhouse contains any residential units.
Part 2: Conveyance of Land for Park Purposes
5. Land shall be required to be conveyed to the Town of Essex for park purposes as a
condition of Development or Redevelopment of land in an amount to be determined in
accordance with subsections (a) through to and including (e).
a) In the case of lands proposed for Residential uses, at a rate of five per cent (5%) of the
land being Developed or Redeveloped:
By-Law Number 2404
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i.
With respect to land proposed for development or redevelopment that will
include affordable residential units or attainable residential units, as defined in
subsection 4.1 (1) of the Development Charges Act, 1997, or residential units
described in subsection 4.3 (2) of that Act, the amount of land that may be
required to be conveyed shall not exceed 5 per cent of the land multiplied by the
ratio of A to B where,
-
"A" is the number of residential units that are part of the
development or redevelopment but are not affordable
residential units, attainable residential units or residential units
described in subsection 4.3 (2) of the Development Charges
Act, 1997; and
-
"B" is the number of residential units that are part of the
development or redevelopment; or
b) In the case of lands proposed for Commercial, Industrial or Institutional uses, land in the
amount of two per cent (2%) of the land to be Developed or Redeveloped.
c) In the case of a Mixed-Use Development or Redevelopment, land in the aggregate,
calculated as follows:
i.
the Residential component, if any, as determined by the Town of Essex, of the
lands being Developed or Redeveloped, shall require the conveyance of land as
determined in accordance with subsection 5(a) of this By-Law; plus
ii.
the Commercial, Industrial, or Institutional component of the lands being
Developed or Redeveloped, if any as determined by the Town of Essex, shall
require the conveyance of land as determined in accordance with subsection 5(b)
of this By-Law; plus
iii.
the component of the lands proposed for any use other than Residential,
Commercial, Industrial or Institutional, if any as determined by the Municipality,
shall require the conveyance of land as determined in accordance with
subsection 5(d) of this By-Law.
d) In the case of lands proposed for Development or Redevelopment for a use other than
those referred to in subsections (a), (b) and (c) of this section, land in the amount of five
per cent (5%) of the land to be Developed or Redeveloped.
e) Where the development of land results from the approval of a site plan or zoning By-
Law amendment and the approval of the application occurred within 18 months of
building permit issuance, the conveyance shall be determined on the date of the
planning application. Where both planning applications apply, conveyance shall be
determined on the date of the later planning application.
Location of Conveyance and Condition of Title
6. Subject to restrictions in the Planning Act, the location and configuration of land
required to be conveyed pursuant to this By-Law shall be as determined by the Town of
Essex and all such lands shall be free of all encumbrances, including but not limited to
such easements which the Town of Essex, in its sole and absolute discretion, is not
prepared to accept and shall be free of any contamination, including but not limited to
any toxic, noxious or dangerous contaminants, and shall otherwise be in a condition
satisfactory to the Town of Essex.
7. A requirement as part of Development or Redevelopment to convey any valley land or
watercourse corridors, woodlands, natural heritage system lands and associated buffers,
easements, vista blocks and storm water management ponds, as those terms are
defined in the Official Plan or any secondary plan adopted under the Official Plan, shall
not be considered to be a conveyance of land for park purposes in satisfaction of a
requirement under this By-Law.
By-Law Number 2404
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Timing of Conveyance
8. Where land is required to be conveyed in accordance with this By-Law, the lands shall be
conveyed as follows:
a) in the case of Development or Redevelopment to be approved pursuant to
sections 51.1 or 53 of the Planning Act, the conveyance of land may be required
as a condition of approval, and said lands shall be conveyed to the Town of Essex
either prior to or immediately upon registration of the plan of subdivision or
upon the consent being given, as determined by the Town of Essex; and
b) in the case of Development or Redevelopment where land has not been
conveyed or has not been required pursuant to sections 51.1 or 53 of the
Planning Act, the Town of Essex shall require the conveyance of land as a
condition of Development or Redevelopment prior to building permit issuance
in accordance with section 42 of the Planning Act.
Part 3: Payment-in-Lieu of Parkland
9. In lieu of requiring the conveyance of land required by part 2 of this By-Law, the Town
of Essex may require the payment of the value of the lands otherwise required to be
conveyed, calculated in accordance with the following:
a) For all residential development or redevelopment, the PIL may be calculated and
imposed by unit type based on Schedule 1. These rates shall be indexed
annually on January 1st of each year commencing January 1, 2025 by the
Statistics Canada New Housing Price Index (house and land, most recent month
year-over-year) and posted by the Town of Essex. The Town of Essex's failure to
post the indexed rate shall not waive the requirement for compliance with this
by- law.
b) Where an applicant does not agree with the per unit rate identified in Schedule
1 to this By-Law, the applicant shall commission an appraisal from an agreed
upon appraiser and the PIL shall be based on the equivalent value of the land as
per the following:
i.
in the case of lands proposed for Residential development, at a rate of
five per cent (5%) of the value of land being Developed or
Redeveloped
ii.
With respect to land proposed for development or redevelopment
that will include affordable residential units or attainable residential
units, as defined in subsection 4.1 (1) of the Development Charges
Act, 1997, or residential units described in subsection 4.3 (2) of that
Act, the PIL that may be required shall not exceed 5 per cent of the
value of the land multiplied by the ratio of A to B where,
-
"A" is the number of residential units that are part of the
development or redevelopment but are not affordable
residential units, attainable residential units or residential
units described in subsection 4.3 (2) of the Development
Charges Act, 1997; and
-
"B" is the number of residential units that are part of the
development or redevelopment; or
c) For commercial, industrial, and institutional development or redevelopment, as
well as Mixed-Use Development, the PIL shall be calculated as the equivalent
value of the land required based on a property appraisal provided by the
applicant (undertaken by an agreed upon appraiser), as follows:
i.
in the case of lands proposed for Commercial, Industrial, or
Institutional uses, the value of two per cent (2%) of the land to be
By-Law Number 2404
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Developed or Redeveloped;
ii.
in the case of a Mixed-Use Development or Redevelopment, the value
of the land in the aggregate, calculated as follows:
1) the Residential component, if any as determined by the Town of
Essex, of the lands being Developed or Redeveloped, shall require
the PIL of the value of land as determined in accordance with
subsection 9(b) of this By-Law; plus
2) the Commercial, Industrial, or Institutional component of the
lands being Developed or Redeveloped, if any as determined by
the Town of Essex, shall require the PIL of the value of land as
determined in accordance with paragraph (i) of this subsection;
plus
3) the component of the lands proposed for any use other than
Residential, Commercial, Industrial, or Institutional if any as
determined by the Town, shall require the PIL of the value of land
as determined in accordance with subsection 9(b) of this
subsection; and
iii.
in the case of lands proposed for Development or Redevelopment for
a use other than those referred to in paragraphs (i) and (ii) of this
subsection, the value of five per cent (5%) of the land to be Developed
or Redeveloped.
Timing of PIL Payment and Determination of Value
10. PIL shall be paid as follows:
a)
For Development or Redevelopment where the payment of PIL is not required as
a condition of an approval or a consent, pursuant to either sections 51.1 or 53 of
the Planning Act, the PIL shall be paid prior to the issuance of the building permit
in respect of the Development or Redevelopment in accordance with section 42
of the Planning Act. The value of the land shall be determined as of the day
before the day the building permit is issued in respect of the Development or
Redevelopment or, if more than one building permit is required for the
development or redevelopment, as of the day before the day the first permit is
issued.
b)
In the event that an extension of an approval described in subsection (a) is
requested, the value of the land shall be determined as of the day before the day
of the approval of the extension.
c)
Where the development of land results from the approval of a site plan or zoning
By-Law amendment and the approval of the application occurred within 18
months of building permit issuance, the PIL shall be calculated on the value of
the land on the date of the planning application. Where both planning
applications apply, PIL shall be calculated on the value of the land on the date of
the later planning application.
Part 4: Other
Previous or Required Conveyances
11. Notwithstanding parts 2 and 3 of this By-Law, if land has been conveyed or is required
By-Law Number 2404
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to be conveyed to the Town of Essex for park or other public recreational purposes or
PIL has been received by the Town of Essex or is owing to it pursuant to a condition
imposed pursuant to sections 42, 51.1 or 53 of the Planning Act, no additional
conveyance or payment in respect of the lands subject to the earlier conveyance or
payment will be required by the Town of Essex in respect of subsequent Development
or Redevelopment unless:
a)
There is a change in the proposed Development or Redevelopment which would
increase the density of the development; or
b)
Land originally proposed for Development or Redevelopment for Commercial,
Industrial, or Institutional uses is now proposed for Development or
Redevelopment for other uses.
12. Where there is a claim of previous conveyance or PIL payment, it is the
applicant's/owner's responsibility to provide suitable evidence of such previous
conveyance or PIL payment, to the Town of Essex's satisfaction.
13. Land or PIL required to be conveyed or paid to the Town of Essex for park or other public
recreation purposes pursuant to parts 2 and 3 of this By-Law shall be reduced by the
amount of land or PIL previously received by the Town of Essex pursuant to sections 42,
51.1 or 53 of the Planning Act in respect of the lands being Developed or Redeveloped.
Phased Development
14. Where approvals are issued in phases for Development or Redevelopment, the Town of
Essex shall calculate and require the conveyance of land for park purposes or the
payment of PIL, in accordance with parts 2 and 3 of this By-Law, on a phase by phase
basis.
Redevelopment
15. In the case of redevelopment, the maximum amount of the parkland dedication and/or
PIL shall not exceed an amount equal to the amount calculated as per the previous
sections of this By-Law, multiplied by the ratio of "A" to "B" where,
a) "A" is the 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) "B" is the floor area of all buildings and structures that will be on the land after the
development or redevelopment.
Part 5: General
16. Where a determination is required to be made by the Town of Essex in this By-Law, that
determination shall be made by the Director, Community Services. The Director,
Community Service's decision shall be final.
17. This By-Law shall be referred to as the "Parkland Dedication By-Law".
18. Policies made prior the adoption of By-Law 2404 respecting conveyance of land for park
purposes and payment in lieu of conveyance of land for park purposes are rescinded.
19. This By-Law comes into force on January 1, 2025.
Schedules
The following schedule shall form part of this By-Law:
By-Law Number 2404
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Schedule 1: PIL of Parkland Per Unit for Residential Development
Read a first and a second time and provisionally adopted on December 2, 2024.
_______________________________________
Mayor
_______________________________________
Clerk
Read a third time and finally passed on December 16, 2024.
_______________________________________
Mayor
_______________________________________
Clerk
By-Law Number 2404
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Schedule 1 to By-Law 2404
PIL Per Unit for Residential Development
Unit Type
PIL per Unit
January 1, 2025 to
December 31, 2025
PIL per Unit
January 1, 2026 to
December 31, 2026
PIL per Unit
January 1, 2027
onwards
Single-detached
Rural
$2,600
$4,300
$6,000
Single-detached
Urban
$4,000
$6,700
$9,400
Semi-detached and
Multiples
$1,700
$2,300
$3,200
Apartments
$600
$1,000
$1,400
*Rates are subject to indexing as per Section 9(a)