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THE CORPORATION OF THE TOWNSHIP OF PUSLINCH
BY-LAW NO. 006-2018
Being a by-law to require the conveyance of land or payment of cash-in-
lieu of parkland for public park or other public recreational purposes.
WHEREAS Section 42, 51.1 and 53 of the Planning Act, R.S.O., 1990, c. P. 13, as
amended provides that the Council of a local municipality may by By-law require that land
be conveyed to the municipality for public 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(2) of the Act, provide for payment of money in
lieu of the conveyance of land;
AND WHEREAS the Official Plan for the County of Wellington contains approved policies
regarding the provisions of parkland dedication requirements, as referred to in the Act;
AND WHEREAS the Council of the Corporation of the Township of Puslinch is desirous
of repealing By-law 17/08 and incorporating and amending Resolution No. 2 passed at
the Council meeting held on May 7, 2008;
NOW THEREFORE the Council of the Corporation of the Township of Puslinch hereby
enacts as follows:
DEFINITIONS
1.
For the purposes of interpretation of this by-law, the following definitions shall
apply:
(a) "Act" means the Planning Act, R.S.O. 1990, c.P.13, as amended.
(b) "Consent" means the process referred to in Section 53 of the Act.
(c)
"Development", which includes redevelopment, 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, or the laying out and
establishment of a commercial parking lot.
(d) "Environmental Lands" means lands designated Core Greenlands and
Greenlands by the County of Wellington Official Plan, or lands that are
determined by a subwatershed study or environmental impact study to
contain features and areas of sensitivity or significance which would be
included in the Core Greenlands and Greenlands designation.
(e) "Mixed Use" means the use of land, buildings and structures intended and
designed to contain both residential and non-residential uses within the same
building or on discrete portions of the same property.
(f)
"Net Area of the Lands" means the total area of the lands proposed for
development or redevelopment less any storm water management facilities
to be conveyed to the Township and Environmental Lands.
(g) "Official Plan" means the Official Plan for the County of Wellington, as
amended from time to time.
(h) "Public Use" means the use of lands for public purposes by a public authority
including a Federal, Provincial, County or municipal government or a publicly-
funded school, college or university.
(i)
"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 use, character or the density
of the use.
(j)
"Subdivision" means the process referred to in Section 51 of the Act.
(k)
"Township" means the corporation of the Township of Puslinch or the land
within the geographic limit of the corporation of the Township of Puslinch as
the context requires.
GEOGRAPHIC APPLICABILITY
2.
This By-law applies to all lands within the Township.
DEDICATION OF PARKLAND
3.
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:
(a) In the case of lands proposed for development or redevelopment for
residential or institutional purposes five per cent (5%) of the Net Area of the
Lands.
(b) In the case of lands proposed for development or redevelopment for
commercial or industrial purposes two per cent (2%) of the Net Area of the
Lands.
(c)
In the case of a mixed-use development or redevelopment, the component
of the conveyance shall be determined in accordance with Section 3(a), (b)
and (c) of this By-law. The rates will be based on the Net Area of the Lands
prorated proportionally to the Building Floor Area allocated to each use.
CONDITION OF CONVEYANCE
4.
The location and configuration of land required to be conveyed pursuant to this By-
law shall be determined by the Township and all such lands shall be free of all
encumbrances.
5.
Any conveyance or dedication of storm water management facilities or
environmental lands shall not be considered a conveyance for park or other
recreational purposes pursuant to the requirements of sections 3 above.
TIMING OF CONVEYANCE
6.
The conveyance of land for public park or other public recreational purposes
pursuant to this By-law, shall be required as follows:
(a) As a condition of approval of a plan of subdivision or condominium prior to
the release of the plan for registration;
(b) Prior to the approval of a description under Section 50 of the Condominium
Act, R.S.O. 1990, Chapter c.76;
(c)
As a condition of approval of a consent prior to release of conditions for a
consent;
(d) Prior to the execution of a site plan agreement;
(e) Prior to the issuance of a building permit for land proposed for development
or redevelopment; or
(f)
Otherwise in accordance with the terms of an agreement entered into
between the owner of the land and the Township.
CASH-IN-LIEU OF PARKLAND
7.
In lieu of requiring the conveyances referred to in sections 3 of this By-law, the
Township may require the payment of cash for the value of the lands otherwise
required to be conveyed.
VALUATION AND APPRAISAL
8.
Where the payment of cash-in-lieu of parkland conveyance is required, the owner
will retain an independent accredited real-estate appraiser to provide an opinion of
value, conducted to the satisfaction of Township staff, with all costs associated
with the appraisal to be borne by the owner of the property.
9.
The value of land shall be determined subject to Section 42 of the Act:
(a) As of the day before the day of the issuance of the building permit in respect
of the development or redevelopment, or, where more than one building
permit is required for the development or redevelopment, as of the day of
the issuance of the first building permit.
(b) Notwithstanding section 8, in the case of a consent for residential purposes,
prior to the issuance of the building permit in respect of the development or
redevelopment, or, where more than one building permit is required for the
development or redevelopment, as of the day of the issuance of the first
building permit:
(i)
a fixed value of $13,500.00; or,
(ii)
the owner has the option to retain an independent accredited real-estate
appraiser to provide an opinion of value, conducted to the satisfaction
of the Township staff, with all costs associated with the appraisal to be
borne by the owner of the property.
TIMING OF PAYMENT
10.
For a subdivision, condominium, consent, site plan or building permit, cash-in-
lieu of parkland shall be paid prior to the issuance of a building permit.
PROVISIONALLY APPROVED CONSENTS
11.
For consents provisionally approved prior to the passing of this By-law, and where
a condition has been imposed requiring the payment of cash-in-lieu of parkland,
cash-in-lieu of parkland shall be collected by the Township in the amount payable
provided for in sections 8 and 9 of this By-law, or any amending By-law, and paid
in accordance with the imposed condition.
CREDIT FOR PREVIOUS CONVEYANCES
12.
In accordance with Section 42(7) of the Act, land and/or cash-in-lieu required to
be conveyed and/or paid to the Township for park or other public recreation
purposes pursuant to this by-law shall be reduced by the amount of land or cash-
in-lieu previously received by the Township pursuant to sections 42, 51.1 or 53 of
the Act in respect of subsequent development or redevelopment.
EXEMPTIONS
13.
Notwithstanding any other provisions of this By-law, this By-law shall not apply to
any of the following:
(a)
Where the proposed development or redevelopment, pursuant to section
41 or 51 of the Act, is for a Public Use as defined in this By-law;
(b)
Where the development or redevelopment consists of making an addition
or alteration to a residential building provided the number of dwelling units
within the residential building is not increased;
(c)
Where the development or redevelopment of an existing residential,
commercial, industrial, institutional or mixed-use building or structure if the
total floor area is enlarged by not more than 50% or 230 m2, whichever is
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.
REPEAL
14.
By-law 17/08 is hereby repealed and incorporates and amends Resolution No. 2
passed at the Council meeting held on May 7, 2008.
READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL THIS 24th DAY OF
JANUARY, 2018.
___________________________________
Dennis Lever, Mayor
___________________________________
Karen Landry, Clerk