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Corporation of the Town of Renfrew
By-Law Number 77-2025
Being 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 within the Town
of Renfrew, or the payment of money in lieu of such conveyance.
Whereas section 42 of the Planning Act, R.S.O. 1990, c.P.13, as amended, authorizes
the council of a local municipality to pass by-laws requiring as a condition of
development or redevelopment the conveyance of land or the payment of money to the
value of the land otherwise required to be paid in lieu of such conveyance for park or
other public recreational purposes; and
Whereas the Council for the Corporation of the Town of Renfrew has adopted policies
within its Official Plan pertaining to the conveyance of land or payment-in-lieu thereof to
the Town as a condition of development or redevelopment under the Planning Act; and
Whereas sections 51.1 and 53 of the Planning Act, RSO 1990, as amended, authorize
the council of a local municipality to require, as a condition to the approval of a plan of
subdivision or as a condition of the approval of a Consent, the conveyance of land or
the payment in lieu of such conveyance for park or other public recreational purposes;
and
Whereas the Council of the Corporation of the Town of Renfrew deems it necessary
and expedient to enact a by-law to provide for the provision of lands for parkland and
the use of the alternate requirements therefor:
Now Therefore the Council of The Corporation of the Town of Renfrew hereby enacts
as follows:
1.0 Definitions:
In this by-law:
1.1 "Act" means the Planning Act, R.S.O. 1990, c.P.13, as amended.
1.2 "Building Permit" means a permit issued pursuant to the Ontario Building Code
Act, as amended.
1.3 "Cash-in-lieu" means a payment of money for park or other public recreational
purposes which is 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.
1.4 "Commercial" means the use of land, buildings or structures for a use not
otherwise defined herein, and which are used in connection with:
i. the selling of commodities to the general public;
li. the supply of services to the general public:
ii. office or administrative facilities; or
iv. such similar uses as determined by the Town.
1.5 "Council" means the Council of the Corporation of the Town of Renfrew.
1.6 "Develop" means the construction, erection or placing of one or more buildings
or structures on land; the making of an addition or alteration to a building or
structure that, in the opinion of Town staff, has the effect of substantially
increasing the size or usability thereof; the laying out and establishment of a
commercial parking lot;
i. the subdivision of land;
ii. the granting of provisional consent; or
iii. "development" within the meaning of section 41 of the Planning Act;
and "development", "redevelop", and "redevelopment" have a corresponding
meaning.
1.7 "Gross Floor Area" has the meaning given to it in the Town's Zoning by-Law.
1.8 "Industrial" means the use of land, buildings or structures for a use not
otherwise defined herein, and which are used in connection with:
i. Manufacturing, producing, or processing of goods;
ii. | Warehousing or bulk storage of goods;
iii. A distribution center;
iv. A truck terminal;
v. Research or development in connection with manufacturing, producing or
processing raw goods; or
vi. such similar uses as determined by the Town.
1.9 "Owner" means the registered owner of the land to be developed, redeveloped,
or subdivided.
1.10 "Parkland" means land for parks and other public recreational purposes;
1.11 "Residential" means the use of land, buildings, or structures for human
habitation.
1.12 "Town" means the Corporation of the Town of Renfrew.
2.0 Administration
2.1. Council hereby delegates to the Director of Development and Environment and
his or her designate, the power and authority to administer and apply this by-law,
including but not limited to, determining whether a conveyance of a portion of
land or the payment of money in lieu of such conveyance shall be required as a
condition to the development or redevelopment of lands, and if required, the
amount of said conveyance or payment, in accordance with this by-law.
3.0 Parkland Conveyance or Payment in Lieu
3.1 The Town, in its sole discretion, may require the conveyance of land as a
condition of development or redevelopment, in which case the amount of land to
be conveyed by the Owner to the Town will be calculated in accordance with the
following provisions:
a. In the case of land proposed for development or redevelopment for
residential purposes, land in the amount of five percent (5%) of the
total area of the land being Developed or redeveloped;
b. In the case of land proposed for the development or redevelopment for
commercial purposes, land in the amount of two percent (2%) of the
total area of the land being developed or redeveloped;
c. In the case of land proposed for development or redevelopment for
industrial purposes, parkland dedication requirements will not be
required; and
d. In the case of a mixed-use development or mixed-use redevelopment,
the required conveyance of parkland shall be determined in
accordance with Sections 2(a), (b) and (c) of this by-law. The amount
of parkland required will be based on the area of the lands, prorated
proportionally to the building Gross Floor Area allocated to each use.
4.0 Condition of Conveyance
4.1 The location, physical condition, size, accessibility and configuration of land
required to be conveyed pursuant to this by-law shall be determined by the Town
in its sole discretion. Parkland shall be free of all encumbrances, including but
not limited to such easements which the Town, in its sole discretion, is not
prepared to accept, shall be free of any contamination, and shall otherwise be in
a level and graded condition satisfactory to the Town.
4.2 _ Lands that are not part of, or contiguous to, the lands subject to development or
redevelopment may be accepted by the Town, at its sole discretion, in fulfillment
or partial fulfillment of a required conveyance. The value of such lands will be
determined in a manner consistent with the Valuation and Appraisal section of
this by-law.
5.0 Payment-in-Lieu of Parkland
5.1 In lieu of requiring the conveyances referred to in Section 2 of this by-law, the
Town may require the payment of money for the value of the lands otherwise
required to be conveyed, in whole or in part.
5.2 For the purposes of payment-in-lieu value, land value shall be determined as of
the day before the first building permit is issued in respect of the development or
redevelopment. In the case of subdivision or consent, the value shall be
determined before the day the consent certificate is issued or the subdivision
agreement is registered.
5.3 The value of the land for which payment is being made in lieu of a conveyance
shall be established by way of an appraisal of the fair market value of the land
to the satisfaction of the Town. The appraisal shall be undertaken by a certified
professional appraiser of real estate, who is designated as an Accredited
Appraiser by the Appraisal Institute of Canada with experience appraising all
types of real property. In circumstances where the value of the land to be
conveyed is expected to be less than $10,000 the Town may consent to an
alternative method of appraisal. In all circumstances the appraisal of value shall
be obtained by the Owner and shall be at the sole cost and expense of the
Owner.
5.4 An appraisal shall remain current for a maximum period of two years from the
date of the appraisal. However, the Town may request an updated appraisal at
any time, in its sole discretion.
5.5 As an alternative to the appraisal method referred to in Section 7, for payment-
in-lieu for a consent application, the Town may, in its sole discretion, accept a
"flat rate" in the following situations:
a. Non-waterfront residential lot: $3,500.00 ($70,000 assumed)
b. Waterfront residential lot: $5,000.00 ($100,000 assumed)
c. Agricultural severances where residential use is permitted on the newly
created lot: $3,000.00 ($60,000 assumed)
6.0 Timing of Conveyance or Payment
6.1 The conveyance of land for park purposes and/or payment-in-lieu pursuant to
this by-law shall be required as follows:
a. Asa condition of approval of a plan of subdivision, prior to the release of the
plan for registration pursuant to Section 51 of the Act;
b. Prior to the approval of a description under Section 50 of the Condominium
Act, RSO. 1990, Chapter c.76;
c. As acondition of approval of a consent, prior to release of conditions for a
consent, pursuant to Section 53 of the Act;
d. Prior to the execution of a site plan agreement, pursuant to Section 42 of the
Act;
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 Town.
7.0 Exemptions
7.1. The conveyance of land for park purposes or the payment of money in-lieu of
accepting the conveyance is not required for development, redevelopment,
subdivisions or consents where it is known, or can be demonstrated, that the
required parkland conveyance or cash-in-lieu thereof has been previously
satisfied in accordance with the Planning Act, unless:
a. there is a change in the proposed development or redevelopment that would
increase the density, or
b. land originally proposed for development or redevelopment for commercial
or industrial purposes is now proposed for development or redevelopment
for other purposes.
8.0 Prohibition
8.1 No person shall Develop land within the Town unless the Owner has either,
conveyed or agreed to convey to the Town the amount of land or cash-in-lieu
determined to be required by the Town under this by-Law.
9.0 Transition
9.1 The provisions of this by-law shall apply to all development and redevelopment
applications pursuant to the Act, as amended, where a decision by the Town is
still pending. However, where an application has been provisionally approved or
given draft plan approval in accordance with the Act at the time that this by-law is
passed, this by-law shall not apply to the approval.
9.2 For consents provisionally approved prior to the passing of this by-law where the
conditions of approval have not been satisfied prior to the passing of this by-law,
and where a condition has been imposed requiring the dedication of parkland or
payment in lieu of parkland, such dedication or payment shall be collected by the
Town in accordance with the imposed condition, including the area or value of
the required dedication or payment, respectively.
10.0 Applicability
10.1 This by-law applies to all lands within the corporate limits of the Town.
10.2 That any other by-law inconsistent with the provision contained in this by-law are
hereby repealed.
10.3 That this by-law shall come into force and deemed passed as per regulation
noted in Part VI.1 of the Municipal Act, 2001, as amended or replaced from time
to time. [Strong Mayor Powers]
Read a first and second time this 23 day of September, 2025.
Read a third and final time this 23 day of September, 2025.
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Tom Sidney; Mayor Carolynn Errett, Town Clerk
By signing this by-law on September. 2025 Mayor Sidney has granted approval, and
will not exercise the power to veto this by-law under the Strong Mayor Powers.
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