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THE CORPORATION OF THE TOWNSHIP OF MULMUR
BY-LAW NO. 12 - 2023
BEING A BY-LAW TO REQUIRE THE CONVEYANCE OF LAND OR
CASH-IN-LIEU OF PARKLAND FOR PARKS OR OTHER PUBLIC
RECREATIONAL PURPOSES
WHEREAS sections 42 and 51.1 and 53 of the Planning Act, R.S.O. 1990, c P.13 (the
'Planning Act'), as amended, provides that local municipalities may, by by-law, require
the conveyance of land or payment of money in lieu of the conveyance of land, be
conveyed to the local municipality for park or other public recreational purposes as a
condition of development or redevelopment of land, the subdivision of land, or the
granting of provisional consent;
AND WHEREAS the Council of the Corporation of the Township of Mulmur has adopted
policies within its Official Plan pertaining to the conveyance of land or cash-in-lieu
thereof to the Township;
AND WHEREAS the Council of the Corporation of the Township of Mulmur desires to
repeal and replace By-law 41-2018 with an updated by-law to provide for the
conveyance of land and cash-in-lieu thereof for park and other public recreational
purposes;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
MULMUR ENACTS AS FOLLOWS:
1.0
SHORT TITLE
1.1
This By-law may be referred to as the Parkland Dedication By-law.
2.0
DEFINITIONS
Appraiser means a certified professional appraiser of real estate who is
designated as an Accredited Appraiser by the Appraisal Institute of Canada
(AIC), and who is a member in good standing of the AIC;
Building means a building as defined in the Ontario Building Code, O Reg. 332-
12, as amended, or any successor thereto;
Building Code Act means the Building Code Act, S.O. 1992 c. 23 and includes
any amendments thereto, successor legislation, and where the context requires
includes precursor legislation;
By-law means the Parkland Dedication By-law;
Cash-in-lieu means a payment of money for parks and other public recreational
purposes, collected in lieu of a conveyance of land which would otherwise be
required to be conveyed pursuant to the parkland provisions of the Planning Act
as incorporated into this by-law;
Cemetery means land set aside to be used for the interment of human remains
and includes a mausoleum, columbarium or other structure intended for the
interment of human remains;
Chief Administrative Officer (CAO) means the Chief Administrative Officer as
appointed by By-law for the Township of Mulmur.
Commercial Purposes means the use of non-residential land, buildings or
structures for offices, sales and services, other than for Agricultural, Industrial, or
Institutional purposes;
Council means the Council for the Corporation of the Township of Mulmur;
Develop means:
a) The construction, erection or placing of one or more buildings on land;
b) The making of an addition or alteration to a building that has the effect of
substantially increasing the size by increasing the Gross Floor Area of the
building by fifty-percent (50%) or more, or by substantially increasing the
usability thereof;
c) The addition of one or more new Dwelling Unit(s);
d) The laying out and establishment of a commercial parking lot;
e) The regulatory actions undertaken by the Township to carry out the
approval of Planning Act applications including but not limited to provisional
consent, plan of subdivision and site plan control as the Planning Act
permits;
f) "Developed",
"Development",
"Redevelop",
"Redeveloped"
and
"Redevelopment" have their corresponding meanings;
Dwelling Unit(s) means any building that is used or designed for use as a
domestic establishment in which one or more persons may sleep and prepare
and serve meals;
Gross Floor Area has the same meaning given to Floor Area, Gross in the
Township of Mulmur Comprehensive Zoning By-law;
Industrial Purposes means the use of land, buildings or structures used for or in
connection with:
a) Manufacturing, producing, fabricating, processing, storing or distributing
goods;
b) Research or development in connection with manufacturing, producing,
fabricating or processing goods;
c) Retail sales by a manufacturer, producer, fabricator, or processor of goods
they manufacture, produce, fabricate or process, if the retail sales are at the
site where the manufacturing, producing, fabricating or processing takes
place; or
d) Office or administrative purposes if they are:
i.
Carried out with respect to manufacturing, producing, fabricating,
processing, storing or distributing of goods; and
ii.
In or attached to the building or structure used for that manufacturing,
producing, fabricating, processing, storing or distributing;
Institutional Purposes means the use of land, buildings or structures for a
public or non-profit purpose including a religious, charitable, educational, health
or welfare purpose, and without limiting the generality of the foregoing, may
include such uses as a school, hospital, places of worship, recreation facilities,
community centres and government buildings;
Land means for the purposes of this By-law, the lesser off the area defined as:
a) The whole of a parcel of property or parcels of property associated with the
Development or Redevelopment; or
b) The whole of a lot(s) or a block(s) on a registered plan of subdivision or a
unit(s) within a vacant land condominium that is associated with the
Development or Redevelopment;
c) For Industrial or Commercial Redevelopment, the portion of property where
the Development or Redevelopment is occurring;
Market Value means the value of Land determined in accordance as nearly as
may be with section 14 of the Expropriations Act, R.S.O. 1990 c. E. 26, as
amended or any successor thereto, as of the day before the day of the issuance
of the first building permit for the Development;
Parkland means land for parks and other public recreational purposes
Planning Act means the Planning Act, R.S.O. 1990 c. P.13 and includes any
amendments thereto, successor legislation, and where the context requires
includes precursor legislation;
Place of Worship means a premises used by one or more religious groups for
the practice of religious services;
Record of Site Condition means a record of site conditions under Part XV.1 of
the Environmental Protection Act, R.S.O. 1990 c. E.19, as amended, or any
successor thereto;
Temporary means a building or structure constructed, erected or placed on land
with the explicit understanding that such building or structure is to be demolished
by a set time, as indicated in a legal agreement with the Township;
Township means the Corporation of the Township of Mulmur;
3.0
GENERAL REQUIREMENTS
3.1
All lands within the geographic limits of the Township is hereby established as an
area for which the conveyance of a portion of Land or the payment of cash-in-lieu
of such conveyance, shall be required as a condition of Development or
Redevelopment.
3.2
The Township may determine, at its discretion, whether it seeks a conveyance of
a portion of Land for Parkland, a payment of cash-in-lieu, or both.
3.3
No person shall Develop or Redevelop Land with the Township unless they have
first conveyed a portion of the Land to the Township for Parkland, or paid cash-
in-lieu of such conveyance, in accordance with this By-law.
3.4
Any costs associated with a conveyance of a portion of Land for Parkland
purposes, or a payment of cash-in-lieu, as required under this By-law, including
but not limited to costs related to the preparation and registration of document,
surveys or reference plans, appraisals, and any applicable taxes, shall be borne
by the property owner seeking to Develop or Redevelop the Land at no cost to
the Township.
3.5
Any requirement to convey a portion of Land to the Township for park and other
recreational purposes is fulfilled only when title of that portion of the Land is
transferred to the Township.
4.0
CONVEYANCE OF LAND
4.1
Where it has been determined that a portion of the Land will be required to be
conveyed to the Township as Parkland, the following shall apply:
a) Where Land in the Township is to be Developed or Redeveloped for
Commercial or Industrial purposes, 2 per cent (2%) of the total area of the
Land shall be conveyed to the Township;
b) Where Land in the Township is to be Developed or Redeveloped for
residential purposes, the greater of:
a. a rate of one hectare (1 ha) per 600 dwelling units; or
b. a rate of five per cent (5%) of the total area of the Land shall be
conveyed to the Township.
c) Where Land in the Township is to be Developed or Redeveloped for any use
other than for Commercial, Industrial, Institutional or residential purposes, a
portion of the Land at a rate of five per cent (5%) of the total area of the Land
shall be conveyed to the Township.
d) With respect to a development or redevelopment that includes 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 community benefits charge applicable to
such a development or redevelopment shall not exceed the amount
determined under subsection (32) multiplied by the ratio of A to B where,
a. "A" is the floor area of all buildings that are part of the development or
redevelopment minus the floor area of all affordable residential units,
attainable residential units and residential units described in subsection
4.3 (2) of the Development Charges Act, 1997; and
b. "B" is the floor area of all buildings that are part of the development or
redevelopment.
4.2
Where a Development or Redevelopment will include a mix of uses, and two or
more of the requirements under section 4.1 of this By-law may apply to the
Development or Redevelopment, the area of the Land required to be conveyed to
the Township as Parkland shall be determined solely in accordance with
whichever single requirement under section 4.1 of this By-law applies to the
Development or Redevelopment which results in the greatest total area of the
Land being required to be conveyed to the Township for Parkland.
5.0
ACCEPTANCE OF LANDS FOR PARKLAND CONVEYANCE
5.1
Any portion of Land required to be conveyed to the Township for Parkland shall
be:
a) Free of encumbrances except as may be satisfactory to the Township; and
b) In a condition satisfactory to the Township and in accordance with the
requirements of the Town's Official Plan and other policies respecting the
acquisition of real property.
5.2
The Township may require that a Record of Site Condition be filed in respect of
the Land prior to accepting the conveyance of a portion of the Land for Parkland
required under this By-law.
5.3
The following Lands shall not be accepted by the Township for Parkland
conveyance:
a)
Lands designated as Natural Area, Escarpment - Natural Area or
Escarpment - Protected Area, in the Township's Official Plan or Niagara
Escarpment Plan.
b)
Any natural heritage feature or hydrologic feature identified by the
Provincial Policy Statement (PPS) as significant, or as identified as
provincially or locally significant through other Provincial, County, local
authority or an Environmental Impact Study including but not limited to:
- Hazardous or flood prone lands;
- Wetlands and woodlots retained for conservation purposes;
- Steep or unstable slopes;
c)
Any Land having unsuitable soil conditions for intended recreation
facilities;
d)
Stormwater management facilities;
e)
Lands that are deemed to be contaminated;
f)
Land for trails or active transportation purposes;
g)
Lands used for utility corridors or any other infrastructure; and
h)
Any land containing an easement, encumbrance, or right-of-way use that
limits or restricts the Township's use of the land.
6.0
PAYMENT OF CASH-IN-LIEU
6.1
Where it has been determined that the payment of cash-in-lieu will be required as
an alternative to the conveyance of Land for Parkland, the Township shall require
the conveyance of the cash-in-lieu equivalent to that required by section 4, to the
Township.
6.2
As a condition of Development or Redevelopment of Lands, the Township shall
require the conveyance of land, cash-in-lieu or a combination of both to the
Township in accordance with section 4.
6.3
Notwithstanding section 4 of this By-law, for Development or Redevelopment of
Lands other than Commercial or Industrial purposes, the Township may collect
cash-in-lieu, at a flat rate value of $10,000 per lot, adjusted annually without
amendment to this by-law, on the first day of January in each year, beginning
with January 1, 2024, in accordance with the then most recent Statistics
Canada Quarterly, Construction Price Index (Toronto).
6.4
Any payment of money required under this By-law shall be made in the form of
certified cheque, bank draft, electronic funds or wire transfer or another form
acceptable to the Township.
6.5
All money received by the Township in lieu of the conveyance of a portion of
Land for Parkland, or received on the sale of any property that has been
conveyed to the Township pursuant to this By-law, shall be paid into a special
account established in accordance with section 42(15) of the Planning Act, and
only as permitted under the Planning Act.
6.6
If payment of cash-in-lieu is required, no person shall apply for a building permit
under the Building Code Act or construct a building on the Land proposed for
Development or Redevelopment unless the payment has been made or
arrangements for the payment satisfactory to the Township have been made.
7.0
DETERMINATION OF MARKET VALUE
7.1
Where the payment of cash-in-lieu is required in lieu of a conveyance of a portion
of the Land for Parkland, the person who seeks to Develop or Redevelop the
Land may elect to have the Market Value of the Land to be used in calculating
any payment required.
7.2
Where the owner has elected to use the Market Value in calculating the payment
required, the owner shall obtain and furnish the Township with an appraisal of the
Markey Value of the Land from an Appraiser, at no expense to the Township. All
appraisals must comply with the current Canadian Uniform Standards of
Professional Appraisal Practice (CUSPAP) as adopted by the Appraisal Institute
of Canada. No limiting conditions will be accepted that restricts distribution of the
appraisal report, in part or in whole, to the owner(s) of the subject property, any
representative of the owner(s), or representative of the Township.
7.3
Where the Township is satisfied with the Market Value determined by the
appraisal submitted in accordance with this By-law, that value shall be used in
the determination of the payment required.
7.4
Where the Township is not satisfied with the Market Value determined by the
appraisal submitted in accordance with this By-law, the Township may obtain its
own appraisal of the Market Value of the Land from an Appraiser.
7.5
Where the Township has obtained its own appraisal under section 7.4 of this By-
law, the owner of the Land may agree to fix the Market Value of the Land in
accordance with the appraisal obtained by the Township, or the Township and
the owner of the Land may agree to fix the Market Value of the Land at another
amount, which shall in no case be less than the lowest estimate of Market Value
in either appraisal or more than the highest estimate of Market Value in either
appraisal.
7.6
Where the Township has obtained its own appraisal under section 7.4 of this By-
law, and the Township and the owner of the Land cannot agree on the Market
Value of the Land to be used in determining the required payment, the Market
Value may be fixed in accordance with subsections 42(10) and 42(13) of the
Planning Act.
7.7
Appraisals submitted to or obtained by the Township for the purpose of this By-
law shall be considered valid for a maximum period of six (6) months from the
date the appraisal was completed, or such lesser time as may be specified in the
appraisal.
8.0
PREVIOUS CONVEYANCE OR PAYMENT IN LIEU
8.1
If land has been conveyed or is required to be conveyed for park or other public
purposes, or cash-in-lieu has been received or is owning, under this By-law or as
a condition imposed under section 51.1 or 53 of the Planning Act, no additional
conveyance or payment in respect of the land subject to the earlier conveyance
or payment may be required 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 development; or
b)
Land originally proposed for Development or Redevelopment for
Commercial or Industrial purposes is now proposed for Development or
Redevelopment for other purposes.
8.2
Where a change referred to in section 8.1 has occurred, any conveyance that
has previously been made or is required to be made for Parkland, or any
payment of money in lieu of such conveyance has previously been made or is
required to be made, as the case may be, shall be deducted from the portion of
the Land required to be conveyed for Parkland, or the payment of cash-in-lieu of
such conveyance required under this By-law.
9.0
EXEMPTIONS FROM GENERAL REQUIREMENTS
9.1
This By-law does not apply to the following classes of Development or
Redevelopment:
a) Development or Redevelopment of Land owned by and used for the purposes of
the Township, County of Dufferin, Provincial or Federal governments;
b) Development and Redevelopment of Land owned by and used by a Board of
Education as defined in the Education Act, RSO 1990, c E.2, as amended or any
successor thereto;
c) Development and Redevelopment of a hospital as defined in section 1 of the
Public Hospitals Act as amended or any successor thereto;
d) Development or Redevelopment that consists solely of the replacement of any
building destroyed or demolished, provided however a building permit for the
replacement of such building must be submitted within 2 years of demolition, and
further provided that there may be no increase to the total number of Dwelling
Units or expansion of the size of the Gross Floor Area of the original building, by
more than fifty-percent (50%);
e) The enlargement of an existing residential dwelling unit provided that the
enlargement does not result in more than three (3) dwelling units, or increase the
Gross Floor Area by more than fifty-percent 50%;
f) Development or Redevelopment consisting solely of an Additional Residential
Dwelling Unit permitted by the Township's Official Plan or Zoning By-law;
g) Development or Redevelopment that consists solely of a temporary building or
structure;
h) Non-residential buildings or structures used for an agricultural purpose;
i) Development or Redevelopment of a Place of Worship or of a Cemetery or burial
ground exempt from taxation under the Assessment Act, R.S.O. 2990, c. A.31, or
any successor thereof;
j) Development or Redevelopment of non-profit housing, attainable housing units
and affordable housing units required by an inclusionary zoning (IZ) by-law;
k) Such other land uses, projects or specific Development or Redevelopment as
may be exempted by resolution of Council;
l) Any other such exemption as may be identified in the Planning Act, as amended,
from time to time.
10.0 ADMINISTRATION
10.1 The authority to determine whether a conveyance of a portion of the Land
associated with Development or Redevelopment for Parkland or the payment of
cash-in-lieu of such conveyance is required, is hereby delegated to the CAO, any
successor thereto, or an officer or employee of the Township designated by the
CAO, or their successor.
10.2 The determination of whether a conveyance of a portion of the Land for Parkland
or the payment of cash-in-lieu of such conveyance, shall be made in accordance
with the relevant policies of the Township's Official Plan, and generally in
accordance with any other policies and guidelines established by the Township
from time to time for that purpose.
10.3 The Treasurer shall maintain a record of all lands and cash-in-lieu received and
including all expenditures from the cash-in-lieu Parkland Reserve Fund. The
cash-in-lieu parkland dedication records and associated financial statements
shall be reported to Council and made available to the public on an annual basis
pursuant to this By-law in accordance with the requirements of subsection 42
(16) of the Planning Act.
10.4 Council retains the authority to determine at its discretion an alternative process
to that set out in this By-law to determine the Market Value of the Land.
11.0 SEVERABILITY
11.1 If a court of competent jurisdiction declares any provision or part of a provision of
this By-law to be invalid, illegal, unenforceable or of no force and effect, it is the
intention of Council in enacting this By-law that the remainder of this By-law will
continue in force and be applied and enforced in accordance with its terms to the
fullest extent possible according to law.
12.0 REPEAL
12.1 That By-law 41-2018, being the Parkland Dedication By-law, is hereby repealed
immediately upon the coming into force of this Parkland Dedication By-law.
13.0 EFFECTIVE DATE
13.1 This by-law shall come into force and effect upon date of the enactment.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED on this 3rd day
of MAY, 2023.
....................................
.................................
JANET HORNER, MAYOR
TRACEY ATKINSON, CAO/CLERK