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The Corporation of the Town of LaSalle
By-law Number 2025-005
A By-law to provide for the dedication of parkland or
the payment in lieu thereof for all development or
redevelopment in the Town.
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 percent,
and in all other cases 5 percent, 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 percent, and in all other cases 5 percent;
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 the Town of LaSalle website;
And whereas the Town of LaSalle Official Plan contains specific policies dealing
with the provision of lands of park or other public recreational purposes;
And whereas the Council of the Town of LaSalle 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 LaSalle.
Now therefore the Council of the Corporation of the Town of LaSalle 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 and includes but is not limited to stacked townhomes and
a dwelling unit within a retirement residence where the unit has its own
private sanitary and shared culinary facilities.
(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
iii.
office or administrative facilities.
(g) "Council" means the Council for the Town of LaSalle;
(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 uses or shared culinary and sanitary facilities in the case of a
retirement home;
(j) "LaSalle" means Town of LaSalle;
(k) "Gross Floor Area" has the same meaning as in the Town's Development
Charges By-law, as amended.
(l) "Industrial" means lands, buildings or structures used or designed or
intended for use for manufacturing, processing, fabricating or assembly of raw
goods, warehousing or bulk 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;
(m) "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;
(n) "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;
(o) "Multiple Dwellings" means all dwellings other than single-detached, semi-
detached and apartment unit dwellings;
(p) "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.
(q) "Official Plan" means the Town's Official Plan, as amended.
(r) "PIL" means payment-in-lieu of parkland otherwise required to be conveyed.
(s) "Planning Act" means the Planning Act, R.S.O. 1990, c.P.13, as amended,
(t) "Redevelopment" means the removal of a building or structure from land
and the 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;
(u) "Residential" means the use of land, buildings, or structures for human
habitation;
(v) "Residential Unit" means a dwelling unit;
(w) "Rural Area" means those areas designated as not being within a
settlement area by the Official Plan;
(x) "Semi-detached Dwelling" means a building divided vertically into two
dwelling units each of which has a separate entrance and access to grade;
(y) "Shared Use Agreement" means an agreement between a Board of
Education and LaSalle for the sharing of buildings and/or property;
(z) "Single Detached Dwelling" means a residential building consisting of one
dwelling unit and not attached to another structure;
(aa) "Town" means the Corporation of the Town of LaSalle; and
(bb) "Zoning By-law" means the by-law, as amended, passed 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 millimeters 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 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 LaSalle.
Exemptions
4. Development or Redevelopment described in 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 LaSalle;
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 for recreational purposes 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 replacement of any building that is a direct result of a demolition
permit issued by the Town of LaSalle Building Department within the last
three years, 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;
e) The enlargement of an existing Residential Unit provided that the
enlargement does not result in additional Residential Units;
f) Institutional development;
g) Development or Redevelopment of land, buildings or structures for
temporary construction uses as defined by the Town's Zoning By-law; and
h) 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 LaSalle 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:
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;
b) In the case of lands proposed for Commercial, or Industrial 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 LaSalle, of the
lands being Developed or Redeveloped, shall require the conveyance
of land as determined in accordance with subsection (a) of this by-law;
plus
ii.
the Commercial, or Industrial component of the lands being Developed
or Redeveloped, if any as determined by LaSalle, shall require the
conveyance of land as determined in accordance with subsection (b)
of this by-law; plus
iii.
the component of the lands proposed for any use other than
Residential, Commercial, or Industrial if any as determined by the
Town, shall require the conveyance of land as determined in
accordance with subsection (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 the planning application was submitted and deemed
complete by the Town. 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
LaSalle and all such lands shall be free of all encumbrances, including but not
limited to such easements which LaSalle, 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 LaSalle.
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.
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 LaSalle either prior to or immediately upon
registration of the plan of subdivision or upon the consent being given,
as determined by LaSalle; 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, LaSalle 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,
LaSalle 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 other than
development occurring via a subdivision agreement, 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 LaSalle. LaSalle'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 a Certified
Appraisal from a list of approved appraisers provided by the Town
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 residential development occurring via a subdivision agreement
under section 51.1 of the Planning Act, the PIL shall be calculated as
the equivalent value of the land required based on a Certified
Appraisal from a list of approved appraisers provided by the Town by
the applicant at a rate of five per cent (5%) of the value of land being
Developed. The timing of the valuation is set out in section 10 (b) of
this by-law.
d) For commercial and industrial 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, as follows:
i.
in the case of lands proposed for Commercial or Industrial
uses, the value of two per cent (2%) of the land to be
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
LaSalle, of the lands being Developed or Redeveloped,
shall require the PIL of the value of land as determined
in accordance with subsection 9(b) and 9(c) of this by-
law; plus
2) the Commercial or Industrial component of the lands
being Developed or Redeveloped, if any as determined
by LaSalle, 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 or Industrial 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)
For Development where the payment of PIL is required as a condition
of an approval pursuant to 51.1 of the Planning Act, the PIL shall be
paid as a condition of the subdivision agreement, prior to the
registration of same. The value shall be determined as the day before
the draft plan of subdivision is approved.
c)
In the event that an extension of an approval described in subsection
(a) or (b) is requested, the value of the land shall be determined as of
the day before the day of the approval of the extension.
d)
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 previously
conveyed or is required to be conveyed to LaSalle for park or other public
recreational purposes or PIL has been received by LaSalle 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 LaSalle 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
Residential, Commercial, or Industrial, 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 LaSalle's satisfaction.
13. Land or PIL required to be conveyed or paid to LaSalle 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 LaSalle 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,
LaSalle may 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 LaSalle in this by-law, that
determination shall be made by the Director of Planning & Development. The
Director of Planning & Development's decision shall be final.
17. This by-law shall be referred to as the "Parkland Dedication By-law".
18. This by-law comes into force upon passage.
Schedules
The following schedule shall form part of this By-law:
Schedule A: PIL of Parkland Per Unit for Residential Development
Read a first and second time and finally passed this 28th day of January 2025.
1st Reading -January 28, 2025
2nd Reading - January 28, 2025
3rd Reading - January 28, 2025
________________________________
Mayor
________________________________
Clerk
By-law No. 2025-005
Schedule "A"
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
$2,800
$4,650
$6,500
Single-detached -
Urban
$5,900
$9,850
$13,800
Semi-detached
and Multiples
$1,400
$2,300
$3,200
Apartments
$750
$1,000
$1,400
*Rates are subject to indexing as per Section 9 (a)