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THE CORPORATION OF THE TOWN OF WHITCHURCH-STOUFFVILLE
BY-LAW NUMBER 2022-094-FI
BEING A BY-LAW to require the conveyance of land for a
park or other public recreational purposes as a condition
of development or redevelopment, and to repeal By-law
2002-118-FI.
WHEREAS section 42 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 park or public recreational purposes as a
condition of development or redevelopment or the subdivision of lands; and
WHEREAS the Town of Whitchurch-Stouffville Official Plan contains approved
policies regarding the requirements for the conveyance of land for park or public
recreational purposes.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
WHITCHURCH-STOUFFVILLE ENACTS AS FOLLOWS:
1.
In this By-law:
a) Commercial Use means the use of the land, structure or building
for the purpose of buying and selling commodities or supplying of
services as distinguished from such uses as manufacturing or
assembling of goods, warehousing and construction.
b) 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 useability thereof, or the laying
out and establishment of a commercial parking lot.
c) Industrial Use means the use of land, building or structure for the
warehousirg, manufacturing, processing or assembly of materials to
finished products or by-products, including the storage of such
materials and products.
d) Institutional Use means the use of land, building or structure for the
following purposes: church or synagogue; community centre; public,
commercial or private school; public library; day nursery; post office;
cemetery, mausoleum, columbarium and crematorium established
with the approval of the Ministry of Consumer and Business Services
under the Funeral, Burial and Cremation Services Act; an institution
owned and operated by a religious, educational or charitable
institution supported in whole or in part by public funds.
e) Redevelopment means the removal of buildings or structures from
land and further development on the land, or the substantial
renovation of a building or structure and a change in the character
or density of use in connection therewith.
By-law 2022-094-FI
Page 2 of 3
f) Residential Use means the use of land, buildings or structures for
human habitation.
g) Town means The Corporation of the Town of Whitchurch-Stouffville and
all lands within its geographic boundaries
2. This By-law applies to all land within the corporate limits of the Town of
Whitchurch-Stouffville.
3. The authority to determine whether a conveyance of a portion of the land
associated with Development or Redevelopment for parkland, or the payment of
money in lieu of such conveyance shall be required, is hereby delegated to the
Director of Leisure and Community Services and the Director of Development
Services.
4.
5.
6.
a)
As a condition of Development or Redevelopment of land, the applicant
shall be required to convey to the Town land to be used for park
purposes. The amount of land required to be conveyed to the Town for
park purposes shall be as follows:
I.
In the case of lands proposed for Development or Redevelopment
for a Commercial Use, Institutional Use or an Industrial Use, two
percent (2%) of the said lands shall be conveyed to the Town.
II.
In the case of lands proposed for Development or Redevelopment
for a Residential Use, five percent (5%) of the aforesaid lands shall
be conveyed to the Town for park or public recreational purposes.
b)
Where a single parcel of land is proposed for the purposes referred to in
both of paragraphs (I) and (II) of subparagraph 4 the respective
conveyance rate to be applied shall be in the same proportion as the area
of the paragraph (I) uses and paragraph (II) uses.
c)
The location and configuration of land required to be conveyed shall be at
the sole discretion of the Town and all such conveyances shall be free of
all costs and encumbrances.
a)
Notwithstanding the provisions of paragraph 4, unless the Town requires
the conveyance of land by resolution of Council, the payment of money to
the value of the land otherwise required to be conveyed by this By-law
shall be required.
b)
The payments required to be made pursuant to this By-law shall be made
prior to the issuance of a building permit for the land to be Developed or
Redeveloped.
a)
All Appraisals of land value shall be determined in accordance with
generally accepted appraisal principles.
b)
The value of the land shall be determined 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, as of the day before the day of the issuance of the first
permit.
By-law 2022-094-FI
Page 3 of 3
c)
Appraisals submitted to or obtained by the Town for the purposes 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.
d)
Where land has been conveyed to the Town for park or other public
recreational purposes, or a payment of money in lieu of such conveyance
has been received by the Town pursuant to a condition imposed under
this By-law, or a predecessor of this By-law, or pursuant to the provisions
of Sections 51 or 53 of the Planning Act, R. S. 0. 1990, c. P .13 or a
predecessor of either of such sections, the conveyance or payment, as
the case may be, shall determine the appropriate credit with respect to the
amount of money or land which may be required in connection with further
Development or Redevelopment of the subject lands.
7. The provisions of this By-law shall not apply:
a)
to residential lots of record existing prior to September 8th, 1992, or
residential plans of subdivision for which subdivision agreements have
been executed by the Town prior to September 8th, 1992, which do not
require a parkland contribution pursuant to Section 51 (5) of the Planning
Act, R.S.O. 1990, c.P.13, or its predecessor.
b)
to any plans of subdivision for which the maximum parkland area was
dedicated to the municipality pursuant to Section 51 (5) of the Planning
Act, R.S.O. 1990, c. P.13, or its predecessor;
c)
to any commercial or industrial development for which a parkland/cash-in-
lieu payment was made in the amount of 2% of the value of the lands in
the plan of subdivision, prior to September 8th, 1992.
d)
to any building additions that are less than fifty percent (50%) in area of
the present gross floor area of the building or structure. This clause shall
apply to Commercial Uses, Industrial Uses and Institutional Uses.
e)
To any agricultural building.
8. That By-law 2002-118-FI is hereby repealed.
9. Notwithstanding the repeal of By-law 2002-118-FI and all amendments thereto,
that By-law shall continue to apply to any applications for which approval has
been granted prior to the enactment of this By-law.
READ a first and second time this 7th day of September, 2022.
READ a third time and passed this 7th day of September, 2022.
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