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Township of
Zorra
Conveyance of Land for
Parkland
By-law 52-19
Office Consolidation
Amending By-law
By-law 2023-57
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The Corporation of the Township of Zorra
Page 2
By-law No. 52-19
THE CORPORATION OF THE
TOWNSHIP OF ZORRA
BY-LAW NO. 52-19
BEING A BY-LAW TO AUTHORIZE THE CONVEYANCE
OF LAND FOR A PARK OR OTHER PUBLIC
RECREATIONAL PURPOSES AS A CONDITION OF
DEVELOPMENT OR REDEVELOPMENT AND TO
REPEAL BY-LAW 78-11.
WHEREAS Sections 42, 51.1 and 53 of the Planning Act, R.S.O. 1990, c.P.13 authorize
the enactment of by-laws respecting the conveyance to the Township of land for park or
other public recreational purposes as a condition of development or redevelopment of land
within the Township;
AND WHEREAS the Council of the Township of Zorra deems it necessary to enact a by-
law to authorize the conveyance of land for a park or other public recreational purposes as
a condition of development or redevelopment;
AND WHEREAS the Council of the Corporation of the Township of Zorra is desirous of
repealing By-law No. 78-11.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
ZORRA ENACTS AS FOLLOWS:
1.
Definitions
a) "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
usability thereof, or the laying out and establishment of a commercial parking
lot;
b) "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 change in the character or density of use in connection therewith;
c) "Township" means The Corporation of the Township of Zorra;
d) "Act" means the Planning Act.
2.
Geographical Applicability
This by-law applies to all lands within the corporate limits of the Township of Zorra.
3.
Development or Redevelopment
a) As a condition of development or redevelopment of land in the Township, the
owner of the land shall convey, or cause to be conveyed, at no cost or expense
to the Township, land for park or other public recreational purposes in the
following amounts:
i.
in the case of land proposed for development or redevelopment for
commercial
and
industrial
accommodation
purposes
where
such
development or redevelopment is subject to Site Plan Approval in
accordance with the Municipal Site Plan Control By-law, or its successor, up
The Corporation of the Township of Zorra
Page 3
By-law No. 52-19
to two percent (2%) of the land to be developed or redeveloped.
ii.
in the case of land proposed for development or redevelopment for
residential purposes where such development or redevelopment is subject to
Site Plan Approval in accordance with the Municipal Site Plan Control By-
law, or its successor, up to five percent (5%) of the land to be developed or
redeveloped.
b) Where a single parcel of land is proposed for the purposes referred to in both of
paragraphs (i) and (ii) of Subsection 3(a) hereof, the respective rate shall be
applied in the same proportion that the gross floor area of paragraph 3(a) (i)
uses is to the gross floor area of the paragraph 3 (a) (ii).
c) The location and configuration of land required to be conveyed shall be at the
sole discretion of the Township and all such conveyances shall be free of all
encumbrances except those that Council may accept by resolution.
d) The conveyance(s) required under 3 (a) (i) or 3 (a) (ii) shall be made prior to the
issuance of a building permit for the land to be developed or redeveloped. The
requirements outlined in the Planning Act Section 42 (2.1) to (2.5) shall be
followed when determining the charge. (Amended by By-law 57-23)
e) As per the Planning Act Sections 42 (6.2) and (6.3), if land in a local municipality
is proposed for redevelopment, a part of the land meets sustainability criteria set
out in the official plan and the conditions are met, Council shall reduce the
amount of any payment required by the value of that part. The conditions
mentioned above are: the official plan contains policies relating to the reduction
of payments required under subsection or no land is available to be conveyed
for park or other public recreational purposes under this section. (Added by By-
law 57-23)
3.1
Cash in Lieu of Land
a) The Township may require the payment of money equal to the value of the land
otherwise to be conveyed or such combination of land and money as Council
may require.
b) The payments required under 3 (a) (i) or 3 (a) (ii) shall be made prior to the
issuance of a building permit for the land to be developed or redeveloped.
The requirements outlined in the Planning Act Section 42 (2.1) to (2.5) shall
be followed when determining required payment process. (Amended by By-law
57-23)
4.
Plans of Subdivision
a) As a condition to the approval of a plan of subdivision pursuant to Section 51 of
the Act, the owner is required to convey to the Township land for park or other
public recreational purposes as follows:
i. in the case of lands proposed for commercial or industrial purposes land
up to two per cent (2%) of the land to be used for commercial or industrial
uses; and
ii. in the case of lands proposed for residential uses land up to five percent
(5%) of the land to be developed for such uses.
4.1
Cash in Lieu of Land
a) In lieu of requiring the conveyances referred to in Subsection 4(a), the
Township may require the payment of money to the value of lands required
to be conveyed.
i. the value of the land shall be determined as of the day before the day of
approval of the draft plan of subdivision and shall be determined in
The Corporation of the Township of Zorra
Page 4
By-law No. 52-19
accordance with generally accepted appraisal principles.
b) In the case of development approved pursuant to Section 51 of the Act, the
payment shall be made upon:
i. the signing of an agreement providing for development; or
ii. a date specified by an agreement providing for development.
5.
Consents
a) As a condition to the giving of a consent, pursuant to section 53 of the Act
creating a new lot, the owner is required to convey to the Township a
payment of money in lieu of a conveyance for park purposes in accordance
with the following:
i. in the case of lands for a new lot for commercial or industrial purposes an
amount equivalent to up to two percent (2%) of the land value of the lot
created.
ii. in the case of lands creating a lot for residential uses, the payment shall be
in accordance with Schedule "A" attached hereto.
6.
Exemptions
a) Notwithstanding any other provision in this by-law, this by-law shall not apply to
the creation of:
i. an additional dwelling unit, home occupation, bed and breakfast, home
industry or custom workshop use developed accessory to an existing
residential dwelling;
ii. one accessory apartment dwelling unit created accessory to a commercial
use. Subsequent accessory apartments will be subject to the applicable
dedication requirements of this by-law.
b) This by-law does not apply to non-profit housing development defined in
subsection 4.2 (1) of the Development Charges Act, 1997. (Added by By-law 57-
23)
c) This by-law does not apply to any development exempt under the Planning Act
(i.e. Additional Residential Units). (Added by By-law 57-23)
7.
No additional conveyance or payment required:
a) Where land has been conveyed to the Township for park or other public
recreational purposes or a payment in lieu of such conveyance has been
received by the Township or is owing to it under Section 42 of the Planning
Act or a condition imposed under Section 51.1 or 53 or the Planning Act, as
amended, or as condition of Plan of Condominium approval, no additional
conveyance or payment in respect of the land subject to the earlier
conveyance or payment shall be required under this by-law in respect of
subsequent development or redevelopment unless:
i. there is a change in the proposed development or redevelopment which
would increase the density of development; or
ii. land originally proposed for development or redevelopment for commercial
or industrial purposes is now proposed for development or redevelopment
for residential or commercial or industrial purposes.
8.
Cost of Appraisal
The Corporation of the Township of Zorra
Page 5
By-law No. 52-19
a) Where this by-law requires that an appraisal be carried out, the cost of the
appraisal shall be the responsibility of the landowner who is seeking the
approval for a development/redevelopment for a plan of subdivision/plan of
condominium or a consent.
b) The Township, at its own discretion, may retain an appraiser to review and
appraisal prepared by a landowner to assist in determining value.
c) If there is a dispute on the value of the land, Council will be required to make an
appropriate determination on value based on the appraisal prepared by the
landowner and as appraisal carried out by the Township at its own cost.
9.
THAT By-law 78-11 is hereby repealed in entirety.
10.
THAT this by-law shall come into force and effect on the day of adoption.
READ A FIRST AND SECOND TIME THIS 18th DAY OF SEPTEMBER, 2019.
READ A THIRD TIME AND FINALLY PASSED 18th DAY OF SEPTEMBER, 2019.
MAYOR
CLERK
MARCUS RYAN
KAREN MARTIN
SCHEDULE "A"
TO BY-LAW 52-19
(Amended by By-law 57-23)
1.
Cash in Lieu of Land for Consents
In the case of a consent pursuant to Section 53 of the Planning Act, the payment
for cash in lieu of land shall be as follows:
Year
Amount
2024
$ 5,000.00
2025
$ 5,250.00
2026
$ 5,500.00
2027
$ 5,750.00
2028
$ 6,000.00