This is the exact embedded text of the captured official document.
Snapshot 45e66d25ea82 · verified 2026-10-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
The Corporation of the Township of
Guelph/Eramosa
By-law Number 15/2021
A By-law to require the conveyance of land for
park or other public recreational purposes, as a
condition of the development or
redevelopment of land in the Township of
Guelph/Eramosa
WHEREAS sections 42, 51.1 and 53 of the Planning Act, R.S.O. 1990 provide that the
Council of a local municipality may by By-law require that land be conveyed to the
municipality for park or other public recreational purposes as a condition of development
or redevelopment or the subdivision of lands;
AND WHEREAS sections 42(6) and 51.1(3) of the Planning Act, R.S.O. 1990 provide
that the Council of a local municipality may require the payment of money in lieu of
accepting a conveyance;
NOW THEREFORE the Council of the Corporation of the Township of Guelph/Eramosa
enacts as follows:
1. Definitions
1.1
Township means the Township of Guelph/Eramosa.
1.2
Council means the Council of the Township.
1.3
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.
1.4
Environmental Features means land of the natural environment, including
but not limited to:
- Significant habitat of endangered species or threatened species;
- Fish habitat;
- Wetlands;
- Life Science Areas of Natural and Scientific Interest;
- Significant valleylands;
- Significant woodlands;
- Significant wildlife habitat;
- Sand barrens, savannahs and tallgrass prairies;
- Alvars;
- Permanent and intermittent streams;
- Lakes (and their littoral zones);
- Environmentally Significant Discharge Areas and Environmentally
Significant Recharge Areas; and
- Regional Recharge Areas.
1.5
Gross Land Area means the total area of all lands that are the subject of a
development or redevelopment application.
1.6
Mixed-Use means the use of land, buildings or structures intended and
designed to contain both residential and non-residential uses within the
same building or on discrete portions of the same site.
1.7
Net Land Area means the Gross Land Area minus the area of any
Environmental Features and associated buffers within the Gross Land Area
that are being conveyed to the Township, or other public authority, at no
cost.
1.8
Redevelopment means the removal of a building or structure from land,
the further development of the land, or the substantial renovation of a
building or structure and a change in the use or density of the use in
connection therewith.
2. Areas and Uses to which this By-law is Applicable
2.1
This By-law shall apply to all lands within the Township of Guelph/Eramosa.
3. Parkland Dedication Requirements
3.1
As a condition of development or redevelopment of land anywhere in the
Township, the conveyance of land for park purposes shall be required as
follows:
3.2
Residential and Institutional Uses
3.2.1 Residential Development or Redevelopment shall convey parkland at a rate
of five percent (5%) of the Net Land Area.
3.2.2 Residential Redevelopments that increase the number of units shall provide
for a dedication based on the number of new units and the applicable rate
set out in the Township's Fee By-law.
3.2.3 Institutional Development or Redevelopment shall convey parkland at a rate
of five percent (5%) of the Net Land Area.
3.2.4 For Redevelopment, addition, expansion, or extension of an existing
Institutional Development, and where parkland was previously conveyed or
cash-in-lieu of parkland was previously paid, the required conveyance of
land shall be determined by applying the rate in Section 3.2.3 prorated
proportionally to the additional Building Floor Area as a percentage of the
total Building Floor Area of the development.
3.2.5 In the case of the conversion of land originally used for Commercial or
Industrial purposes to Residential or Institutional purposes, parkland shall
be conveyed as per the applicable rates in Section 3 of this By-law (or
Appendix 'A') minus any parkland previously conveyed or cash-in-lieu of
parkland previously paid.
3.2.6 Notwithstanding Subsection 3.2.4, for additions, expansions or extensions
of an existing Institutional development that represent less than 50% of the
existing building floor area, no parkland dedication shall be required
3.2.7 In the case of the development of unopened road allowances, parkland shall
be required in accordance with Section 3.2.1, 3.2.2 or 3.2.3, as applicable.
3.3
Commercial or Industrial Uses
3.3.1 Commercial or Industrial Development or Redevelopment shall convey
parkland at a rate of two percent (2%) of the Net Land Area. For the
purposes of this By-law, Agricultural uses shall be considered Industrial
uses and shall be subject to the provisions that apply to Industrial uses.
3.3.1.1 Notwithstanding Section 3.3.1, where a new agricultural lot is created, the
Township shall require parkland at a rate of two percent (2%) of the Net
Land Area, or the applicable rate for new Residential Lot Creation in
accordance with the Township's Fees and Charges By-law, whichever is
less.
3.3.2 For Redevelopment, addition, expansion, or extension of an existing
Commercial or Industrial Development, and where parkland was previously
conveyed or cash-in-lieu of parkland previously paid, the required
conveyance of land shall be determined by applying the rate in Section 3
prorated proportionally to the additional Building Floor Area as a percentage
of the total Building Floor Area of the development.
3.3.3 In the case of the conversion of land originally used for Residential or
Institutional purposes to Commercial or Industrial purposes, parkland shall
be conveyed as per Section 3.3 of this By-law minus any parkland
previously conveyed or cash-in-lieu previously paid.
3.3.4 Notwithstanding Subsection 3.3.2, for additions, expansions or extensions
of an existing Commercial or Industrial development that represent less
than 50% of the existing building floor area, no parkland dedication shall be
required.
3.3.4 In the case of the development of unopened road allowances, parkland
shall be required in accordance with Section 3.3.1
3.4
Mixed-Use
3.4.1 In the case of a Mixed-Use Development or Redevelopment, the residential
component of the conveyance shall be determined in accordance with
Section 3.2 of this By-law. The commercial component of the conveyance
shall be determined in accordance with Section 3.3 of this By-law. Both
rates will be based on the Net Land Area prorated proportionally to the
Building Floor Area allocated to each use.
4. Condition of Land for Conveyance
4.1
Lands conveyed to the Township for park or other recreational purposes
shall be conveyed in a condition satisfactory to the Township, free and clear
of all encumbrances unless otherwise agreed to by the Township, meeting
minimum standards in terms of drainage, grading and site conditions.
4.2
The Township will not consider any land that has been or is to be conveyed
to the Township for stormwater management facilities, for flood plain or
conservation purposes, for highways, roadways, walkways, servicing or
other non-parkland purpose, as contributing towards the required parkland
dedication.
4.3
The Township retains the right not to accept the conveyance of any land
that is considered by the Township to be unsuitable for park or other public
recreation purposes and without restricting the generality of the foregoing,
land having any of the following features:
4.3.1 Environmental Features;
4.3.2 Hazardous or flood prone lands;
4.3.3 Steep or unstable slopes;
4.3.4 Where the location and configuration of the lands are constrained
or undesirable as determined by the Township;
4.3.5 Any lands having unsuitable or unstable soil conditions;
4.3.6 Utility rights-of-way or easements, including but not limited to hydro,
gas, cable and telecommunications;
4.3.7 Lands that are contaminated or are suspected of being
contaminated;
4.3.8 Any land containing an easement, encumbrance, or right-of-use that
limits or restricts the Township's use of the land; or
4.3.9 Lands that are within or form part of a stormwater management
facility.
4.4 Where it has been determined by the Township that the lands to be conveyed
have been physically disturbed by the dumping of debris, unconsolidated fill
or other refuse, or by stripping the topsoil or by any other means or works,
the owner shall be responsible for restoring the land to a condition
satisfactory to the Township before the Township accepts such lands.
4.5 Any legal or administrative costs associated with the conveyance of land as
per this By-law shall be the responsibility of the transferor.
5. Cash-in-Lieu of Parkland
5.1
At the discretion of the Director of Parks and Recreation or his/her
designate, a payment of money, in lieu of the conveyance of some or all of
the land for park purposes referred to in Section 3, may be required equal
to the value of the lands otherwise required to be conveyed.
5.2
Without restricting any right of the Township, cash-in-lieu of land for park
purposes may be generally considered:
5.2.1 Where there is no land that is either usable or functional on the site
for parkland or recreational purposes, as determined by the
Township;
5.2.2 Where the required land dedication fails to provide an area of
suitable shape, size or location for public parkland, as determined by
the Township;
5.2.3 Where the required dedication of land would render the remainder of
the site unusable or impractical for development or redevelopment,
as determined by the Township;
5.2.4 Where the Township has identified land in a preferred location that
is to be acquired by the Township;
5.2.5 Where the area being developed or redeveloped is already well
served by existing park and recreational facilities, as determined by
the Township.
6. Previous Parkland Dedication or Cash-in-lieu Payment
6.1
In determining the amount of land required to be conveyed or the cash-in-
lieu equivalent pursuant to Sections 3 and 5, the amount shall be reduced
by any previous parkland conveyance or cash-in-lieu payment made to the
Township.
6.2
For Residential Development or Redevelopment, including the residential
component of Mixed-Use Developments, the amount owing shall be
reduced by a percentage equal to the number of units that existed on the
site at the time of previous parkland conveyance or cash-in-lieu payment
divided by the number of units in the new Development or Redevelopment.
6.3
For
Institutional,
Commercial
and
Industrial
Development
or
Redevelopment, including components of Mixed-Use Developments, the
amount owing shall be reduced by a percentage equal to the gross floor
area that existed on the site at the time of previous parkland conveyance or
cash-in-lieu payment divided by the gross floor area of the new
Development or Redevelopment.
7. Valuation
7.1
Where the payment of cash-in-lieu of parkland conveyance is required, the
value of the payment shall be in accordance with the rates set out in the
Township's Fee By-law and Attachment 'A' to this By-law. If an owner or
applicant wishes to dispute the Township's rate, they may obtain, at their
own cost, an appraisal from an accredited real-estate appraiser. The
Township may accept the alternate appraisal, or negotiate a mutually
acceptable compromise.
7.2
The rates set out in the Township's Fee By-law shall be adjusted from time
to time, by the Township. Such periodic updates shall occur at intervals not
exceeding five years.
8. Timing
8.1
Title for the land to be conveyed or the payment of cash-in-lieu thereof for
any development or redevelopment under Section 42 of the Planning Act,
R.S.O. 1990, as amended, shall be received by the Township prior to the
issuance of any building permit for the proposed development or
redevelopment.
8.2
Title for the land to be conveyed or the payment of cash-in-lieu thereof shall
be received by the Township in accordance with the conditions of approval
of a plan of subdivision pursuant to Section 51 of the Planning Act, R.S.O.
1990, as amended or the conditions of provisional consent pursuant Section
53 of the Planning Act, R.S.O. 1990, as amended.
9. Exemptions
9.1
No conveyance of land or payment of cash-in-lieu of such conveyance is
required in the case of development or redevelopment of:
9.1.1
A building that was accidentally damaged or demolished by
fire or other natural causes and where:
9.1.1.1
The building is repaired or replaced and re-occupied before
the expiry of two years; and
9.1.1.2
The building continues to be used for the same purpose after
it is repaired, replaced or rebuilt.
9.1.2
Council may opt to exempt Federal, Provincial or Municipal
development from the requirements for parkland dedication.
9.1.3
Other uses as determined by Council upon the request of the
applicant.
10. Effective Date of Applications
10.1 The provisions of the By-law shall take effect and will apply in regard to
applications which:
10.1.1
Have not been deemed complete by the Township, Chief
Building Official or the County of Wellington prior to the
enactment of this By-law, in the case of consent, subdivision
or building permit applications;
10.1.2
Have not been given final approval by the Township prior to
the enactment of this By-law, in the case of Site Plan
applications;
10.1.3
Are submitted after the enactment of this By-law;
10.1.4
The Township will honour development agreements that were
executed prior to the passing of this By-law, with respect to
parkland dedication requirements provided the development
does not change from that which is described in the
agreement.
11. Administration
11.1 The administration of this By-law and the determination of the application of
this By-law shall be made by the Township's Director of Parks and
Recreation or his/her designate.
12. By-law Repeals
12.1 By-laws 40/2002 and 29/2017 and 96/2017 are hereby repealed.
13. Implementation
13.1 This By-law shall come into force and effect on the date of its passage.
READ three times and finally passed
this 22nd day of March, 2021.
________________________
Chris White, Mayor
________________________
Amanda Knight, Clerk