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THE CORPORATION OF THE TOWNSHIP OF NORTH DUMFRIES
BY-LAW NUMBER 2765 -16
Being a By-law to require the conveyance of land
for park or other recreational purposes or the payment
of cash-in-lieu thereof, as a condition of the development
or redevelopment of land.
WHEREAS Sections 42, 51.1 and 53 of the Planning Act, as amended, provide that, as
a condition of the development or redevelopment of land, the Council of a local
municipality may, by by-law, or as a condition of the approval of a plan of subdivision, or
as a condition of the giving of a provisional consent, require that land be conveyed to
the municipality for park or other public recreational purposes;
AND WHEREAS the Council of The Corporation of the Township of North Dumfries
considers it desirable to enact a by-law in accordance with the provisions of the
Planning Act for the purposes of acquiring parkland and/or cash-in-lieu of parkland for
the purposes of providing enhanced parkland and/or recreational facilities for the use
and enjoyment of the residents of the Township of North Dumfries;
NOW THEREFORE the Council of The Corporation of the Township of North Dumfries
enacts as follows:
1.0 Definitions and Interpretations
1.1. Inthis By-law:
a) "Agricultural or farm purposes" means the use of land, buildings or structures that
are used for the purposes of or in conjunction with animal husbandry, the
growing of crops including grain and fruit, market gardening, horticulture or any
other use that is customarily associated with a farming operation of a bona fide
farmer;
b) "Bona fide farmer' means an individual or corporation currently actively engaged
in a farm operation with a valid Farm Business Registration Number in the
Township and the primary income of that individual or corporation is established
through agricultural or farm purposes;
c) "Cash-in-Lieu" means the payment of funds equivalent to the value of the amount
of land that the Township would otherwise would have been entitled through the
conveyance for park purposes as part of a development or redevelopment.
d) "Commercial purposes" means the use of non-residential land, buildings or
structures other than for agricultural, industrial or institutional purposes;
e) "Development" means the construction, erection or placing of ane 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, or the layout out and establishment of a commercial parking lot;
f) "Industrial purposes" means the use of land, buildings or structures used for or in
connection with:
i) Manufacturing, producing, processing something;
ii} Research or development in connection with manufacturing, producing or
processing something;
iii) Retail sales by a manufacturer, producer or processor of something they
manufactured, produced or processed, if the retail sales are at the site
where the manufacturing, production or processing takes place;
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By-law No. 2765-16
iv) Warehousing, distribution and logistics centres, transportation terminals or
similar activity; or,
v) Office and administrative purposes if they are at the site and are directly
affiliated with the manufacturing, producing, processing of something, or,
the warehousing, distribution, storage and transportation of a good or
material.
g) "Institutional purposes" means the use of land, buildings or structures for a public
or non-profit purpose including religious, charitable, educational, health or
welfare purpose, and without limiting the generality of the foregoing, may include
such uses as schools, hospitals, places of worship, recreational facilities,
community centres and government buildings;
h) "Mixed use" means land, buildings or structures used or designed or intended to
be used for a combination of residential uses and non-residential uses;
i) "Redevelopment" means the removal land, buildings or structures 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 use in
connection therewith;
j) "Residential purposes" means land, buildings or structures used or designed or
intended to be used as a dwelling or residence of one or more persons;
k) "Township" means The Corporation of the Township of North Dumfries.
2.0 Parkland Dedication
2.1. Asacondition of development or redevelopment of land, the Township shall
require the conveyance of land for park or other public recreational purposes as
follows:
a) In the case of lands proposed for residential purposes, at a rate of five percent
(5%) of the gross area of the land to be developed or redeveloped;
b) In the case of lands proposed for commercial and industrial purposes at a rate of
two percent (2%) of the gross area of the land to be developed or redeveloped;
c) in the case of lands proposed for institutional purposes at a rate of five percent
(5%) of the gross area of the land to be developed or redeveloped;
d) In the case of a mixed use development or redevelopment, the rate applicable
shall be that which yields the maximum parkland dedication.
2.2 The location, grades, site servicing requirements and configuration of the land
required to be conveyed, shall be determined by and at the discretion of the
Township. All conveyances shall be free and clear of any and all
encumbrances.
2.3. Lands to be conveyed to the Township for park purposes shall be graded,
serviced, topsoiled, seeded and fenced to the specifications and satisfaction of
the Township.
2.4 The Township will not accept as part of the parkland conveyance calculation
window street view and vista corridors, walkway blocks and/or lands that are
designated as environmentally sensitive.
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By-law Na. 2765-16
3.0 Cash-in-Lieu of Parkland Dedication
3.1. As an alternative to the conveyance of land, the Township may require, at its
discretion, the payment of cash equivalent to the value of the lands otherwise
required to be conveyed under this by-law, or a combination of land and cash.
3.2 The payment of the cash-in-lieu of parkland dedication is applicable under the
authority of Sections 51(25), 53(12) or 42(1) of the Planning Act as a result of
development or redevelopment of property through applications received and
approvals conferred by the Township for Plans of Subdivisions / Condominiums
(Section 51.1), Consents (Section 53) and/or Site Plan Control (Section 41)
3.3. The calculation of cash will be determined, at the discretion of the Township,
through one of the following methods:
a) The submission of a current appraisal conducted by a qualified individual: or,
b) In the case of a consent application, based upon the value or rate as
established in the Township's Fee By-law.
3.4 In the case of a mixed use development or redevelopment, the rate applicable
shall be that which yields the maximum cash value.
3.5 In the case of industrial, institutional or commercial building expansions greater
than 50% of the gross floor area of the existing building, the amount of cash in
respect of the expansion shall be calculated on the amount by which the
expansion exceeds 50% of the gross floor area of the existing industrial or
commercial building before the expansion.
3.6 In the case of industrial, institutional or commercial building replacements greater
than 50% of the gross floor area of the replaced building, the amount of cash in
respect of the replacement shall be calculated on the amount by which the
replacement exceeds 50% of the gross floor area of the replaced industrial,
institutional or commercial building before the replacement.
3.7 For the submission of current appraisals, the determination of value shall be
made in accordance with the provisions of the Planning Act and this By-law.
3.8 Funds received by the Township shall be directed to the Cash-in-Lieu of Parkland
Reserve Account.
3.9 If cash-in-lieu payments are a condition of development or redevelopment as
determined by the Township, the valuation shall be determined by a qualified
individual through the completion of an appraisal. The valuation of the cash-in-
lieu payment shall be calculated in a manner consistent with the provision of
Section 42 (6.4) of the Planning Act. Therefore the value of the land shall be
determined as of the day before the day the building permit issued in respect of
the development or redevelopment, as of the day before the day the first permit is
issued.
3.9 in accordance with Section 42(6) of the Planning Act no person shall construct a
building or structure on the land proposed for development or redevelopment
unless the payment has been made or arrangements for the payment that are
satisfactory to the Council have been made.
3.10 The Treasurer on an annual basis shall report to Council the Year End Opening
and Year End Closing Valuations of the Cash-in-Lieu of Parkland Reserve
Account, and, the valuation of transactions (deposits / withdrawals) that have
occurred within the Year.
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By-law No. 2765-16
4.0 Prior Conveyance and Payments
4.1. lfland or cash has previously been provided to the Township for park or other
public recreation purposes, no additional conveyance of land or the payment of
cash-in-lieu will be required, with the exception of the following:
a) Where land, originally proposed or utilized for commercial, industrial or
institutional development or redevelopment, is now proposed for development
or redevelopment for other purposes. The amount of land and/or cash will be
determined in accordance with Sections 2.0 and 3.0 of this By-law. No credit
for or refunds of previously paid cash will apply; and,
b) Where land, originally proposed or utilized for residential development or
redevelopment, is now proposed for development or redevelopment for a
greater dwelling unit yield or density. The amount of land and/or cash will be
determined in accordance with Sections 2.0 and 3.0 of this By-law. No credit
for or refunds of previously paid cash will apply.
5.0 €xemptions
5.1. Notwithstanding any other provisions of this by-law to the contrary, no
conveyance of land or payment of cash will be required where the development
or development is for the purposes of:
a) Additions and/or alterations to any commercial, industrial or institutional
building that is equal to or less than 50% in gross floor area of the existing
building;
b) Replacement of an existing commercial, industrial or institutional building in
which the increase in gross floor areas is no greater than 50% of the replaced
building;
c) The enlargement of an existing residential dwelling unit
d) The construction of up to two additional residential dwelling units in an
existing residential dwelling unit, provided that the total gross floor area of the
additional dwelling unit space or the additional dwelling units combined is not
greater than the gross floor area of the existing dwelling unit;
e) The addition of a garden suite as a temporary use as permitted under Section
39.1 of the Planning Act;
f) Land, buildings or structures developed or redevelaped by and used for the
purposes of:
i) A board as defined in Subsection 1(1} of the Education Act;
ii) A college or university that is eligible to receive funding from the
government of the Province of Ontario;
iii) A hospital as defined in Section 1 of the Public Hospitals Act;
iv) The Ontario Provincial Police or the Waterloo Regional Police Service ;
v) The Township or any local board thereof;
vi) The Regional Municipality of Waterloo or any local board thereof, or,
vii) | The Grand River Conservation Authority
g) Development or redevelopment of any land for a non-residential agricultural
building or structure, used for agricultural or farm purposes by a bona fide
farmer;
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By-law No. 2765-16
h) The replacement of any building or structure that is a direct result of fire or
other causes beyond the control of the owner, provided that no intensification
or change of use is proposed;
i) A temporary building or structure, provided such building or structure is in
existence for a period of time not longer than eight (8) months in duration;
j) Unoccupied industrial buildings or structures having exterior walls and/or roof,
up to a maximum gross floor area of 700 m?:
6.0 General Provisions
6.1 All study, survey, appraisal and legal costs, associated with the conveyance of
lands and the payment of cash, shall be at the expense of the Owner.
6.2 In the event that any provision, section or part of a section of this By-law is
declared invalid by a court or tribunal of competent jurisdiction, it is the intention
of Council that the remainder of the by-law will continue to operate in full force
and effect.
6.3. This By-law shall come into force and effect on May 3%, 2016.
This By-law being read a first and second time this 2" day of May, 2016
This By-law being read third time and passed this 2"° day of May, 2016
YS
Mayor
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cting, Clerk
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