Conveyance of Land & Cash in Lieu Thereof for Park and Other Purposes By-law

Similar documents
Execution of Certain Documents By-law

Municipal Housing Facilities By-law

Site Alteration By-law

Corporation Of The City Of Kingston. Ontario. By-Law Number A By-Law To Provide For The Conveyance Of Land For Park Purposes,

Vital Services By-law

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES BY-LAW NUMBER

Parkland Dedication By-Law User Guide

CITY OF KELOWNA BYLAW NO

SITE PLAN CONTROL BY-LAW THE CORPORATION OF THE CITY OF MISSISSAUGA BY-LAW NO

THE CORPORATION OF THE CITY OF GUELPH. WHEREAS the City of Guelph will experience growth through development and redevelopment;

AGENDA - SPECIAL COUNCIL MEETING Monday, August 10, 2009

THE CORPORATION OF THE TOWNSHIP OF GEORGIAN BAY BY-LAW Being a By-law to adopt Development Charges

Town of Whitby By-law #

BEING A BYLAW OF THE CITY OF CALGARY RESPECTING CONNECTIONS TO CITY UTILITY SYSTEMS

COUNTY OF BRANT DEVELOPMENT SERVICES DEPARTMENT COMMITTEE OF ADJUSTMENT. Chair and Members of the Committee of Adjustment

ADDENDUM TO: TOWN OF ORANGEVILLE 2014 DEVELOPMENT CHARGES BACKGROUND STUDY

ATTACHMENTS: 1. By-law No with proposed amendments 2. Supplementary Report Public Hearing CLEARANCES: DATE: October 5, 2017 APPROVALS:

THAT Council receive Report CDS , regarding the proposed Parkland Dedication By-law for information purposes, and

TORONTO MUNICIPAL CODE CHAPTER 415, DEVELOPMENT OF LAND. Chapter 415 DEVELOPMENT OF LAND. ARTICLE I Development Charges

Services Our Focus: Your Future Prepared for Council-in-Committee Report No. CDS Agenda Date May 5, 2008 File No

THE REGIONAL MUNICIPALITY OF HALTON BY-LAW NO

THE REGIONAL MUNICIPALITY OF PEEL BY-LAW NUMBER

Toronto and East York Community Council. Acting Director, Community Planning, Toronto and East York District

THE CITY OF VAUGHAN BY-LAW BY-LAW NUMBER

DATE: April 26, 2017 REPORT NO. CD Members of the City of Brantford Committee of Adjustment

Deeming By-law, Maple Leaf Drive, Bourdon Avenue, Venice Drive, Stella Street and Seabrook Avenue Final Report

DISTRICT OF SICAMOUS BYLAW NO A bylaw of the District of Sicamous to establish a Revitalization Tax Exemption Program

THE CORPORATION OF THE TOWN OF GRAVENHURST BY-LAW 2017-

BYLAW NUMBER 32M2004

City of Kingston Report to Planning Committee Report Number PC

Executive Committee Item EX33.3, adopted as amended, by City of Toronto Council on April 24, 25, 26 and 27, 2018 CITY OF TORONTO BY-LAW

Ontario Municipal Board Order issued on February 16, 2016 in Board File No. PL CITY OF TORONTO. BY-LAW No (OMB)

Office Consolidation. Tariff of Fees By-Law with Respect To Planning and Other Municipal Applications By-Law 85-96

Subdivision By-law No. 5208

STAFF REPORT ACTION REQUIRED

TOWN OF SIDNEY BYLAW NO A BYLAW OF THE MUNICIPALITY TO IMPOSE DEVELOPMENT COST CHARGES.

THE CITY OF VAUGHAN BY-LAW

SUBDIVISION BY-LAW MUNICIPALITY OF THE COUNTY OF INVERNESS

5-7 The Esplanade (now 1 The Esplanade) Official Plan Amendment and Zoning By-law Amendment Applications Supplementary Report

TO: CHAIR AND MEMBERS - PLANNING & ENVIRONMENT COMMITTEE

THE CORPORATION OF THE TOWNSHIP OF TAY PUBLIC MEETING OF MUNICIPAL COUNCIL. Zoning By-law Amendment 538 CALVERT ST PORT MCNICOLL RINK LOTS

ORDINANCE NO. AN ORDINANCE OF THE CITY OF WOODLAND AMENDING CHAPTER 6A OF THE WOODLAND MUNICIPAL CODE RELATING TO AFFORDABLE HOUSING

Appendix 'A' Bill No. By-law No

OFFICE CONSOLIDATION

ORDINANCE NO

Committee of Adjustment Agenda

THE CORPORATION OF THE TOWNSHIPSHIP OF McNAB/BRAESIDE BY-LAW NO

Richmond Street West - Zoning Amendment Application Final Report

HULLMARK CENTRE INC SETTLEMENT OFFER

Ontario Municipal Board Decision issued May 27, 2015 and Order issued December 5, 2016 in Board File PL CITY OF TORONTO BY-LAW (OMB)

(Draft Glenville ordinance, June 2008) ARTICLE XXII Transfer of Development Rights

97 Walmer Road and Spadina Road Official Plan Amendment, Zoning Amendment and Rental Housing Conversion Applications Final Report

THE CORPORATION OF THE CITY OF PETERBOROUGH BY-LAW NUMBER BEING A BY-LAW TO PROVIDE FOR TAX RELIEF IN RESPECT OF DESIGNATED HERITAGE PROPERTY

Part Lot Control Exemption Manual

Members of the City of Brantford Committee of Adjustment. 1.0 TYPE OF REPORT Committee of Adjustment Decision Regarding an Application for Consent

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

THE CORPORATION OF THE CITY OF PORT COQUITLAM BYLAW NO. 3182

3035 Weston Road - Official Plan and Zoning By-law Amendment and Draft Plan of Subdivision Applications - Request for Directions Report

70 Melbourne Ave Application to amend the (former) City of Toronto Zoning By-law Parkdale Pilot Project Final Report

CITY OF TORONTO ZONING BY-LAW

City of Kingston Report to Committee of Adjustment Report Number COA

Instructions for APPLICATION FOR CONSENT

CAPITAL REGIONAL DISTRICT BYLAW NO (As amended by Bylaw Nos. 2960, 3100, 3218, 3432, 3805, 3893, 3904, 4063, 4249)

LAND USE PROCEDURES (LUP) BYLAW NO. 1235, 2007

ORDINANCE NO

Authority: North York Community Council Item 34.85, as adopted by City of Toronto Council on August 25, 26, 27 and 28, 2014 CITY OF TORONTO

THE CITY OF VAUGHAN BY-LAW BY-LAW NUMBER

ORDINANCE NO

Review and Update of Guelph s Parkland Dedication Policies, Practices, Procedures and Bylaw. Key Stakeholder Session No.2 October 5 th, 2017

ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DALY CITY REPEALING AND REPLACING CHAPTER RE: INCLUSIONARY HOUSING

2017 Florida Legislative Changes To Florida Statute 720

THE CORPORATION OF THE CITY OF ROSSLAND BYLAW #2503

COMMERCIAL CORRIDOR HOUSING LOAN AND GRANT PROGRAM

As Introduced. 132nd General Assembly Regular Session H. B. No

205, 215, 225 and 235 Sherway Gardens Road City-Initiated Zoning By-law Amendment Application Final Report

BYLAW NO. 15/027 A BYLAW OF THE REGIONAL MUNICIPALITY OF WOOD BUFFALO TO ESTABLISH AN OFFSITE LEVY

THE CORPORATION OF THE CITY OF MISSISSAUGA ROAD OCCUPANCY, LOT GRADING, MUNICIPAL SERVICES PROTECTION DEPOSIT BY-LAW

For applying for approval under Section 51 of the Planning Act and Section 9 of the Condominium Act

SECTION 10 RESIDENTIAL R6 ZONE

EVALUATION REPORT PLANNING DEPARTMENT

CITY OF SURREY BY-LAW NO A Bylaw to establish a revitalization tax exemption program...

THE CITY OF SPRUCE GROVE BYLAW C DEVELOPMENT FEES AND FINES BYLAW

SCHEDULE A TO BYLAW Municipality of Hastings Highlands- Corporate Policies and Procedures DEPARTMENT: Planning

Township of Howick Special Meeting Agenda Tuesday August 7, 2018 at 5 pm Howick Council Chambers

Committee of Adjustment Hearing Thursday, July 21, 2016 at 7 p.m. 225 East Beaver Creek Road, Richmond Hill, ON 1 st Floor (Council Chambers)

Town of St. Marys Heritage Property Tax Rebate Program

Town of Prairie du Sac Sauk County, WI. Land Division Ordinance 07-3

THE CORPORATION OF THE CITY OF MISSISSAUGA ROAD OCCUPANCY, LOT GRADING, MUNICIPAL SERVICES PROTECTION BY-LAW

NO DEVELOPMENT COST CHARGES BYLAW A BYLAW OF THE CITY OF VICTORIA

31, 33 and 35 Wilmington Avenue, Rezoning Application - Final Report

ORDINANCE NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF WINTER GARDEN, FLORIDA, AS FOLLOWS:

CITY OF SURREY BY-LAW NO

3.1. OBJECTIVES FOR RESIDENTIAL LAND USE DESIGNATIONS GENERAL OBJECTIVES FOR ALL RESIDENTIAL DESIGNATIONS

FURTHER THAT Consent B-19/16 be subject to the following conditions:

Planning & Development

SITE PLAN AGREEMENT THE CORPORATION OF THE TOWN OF KINGSVILLE,

PLEASE READ THE ENTIRE APPLICATION FORM PRIOR TO COMPLETING

Fresno Metropolitan Flood Control District Ordinance Code: Ordinance CHAPTER 4 DRAINAGE FEES

THE CORPORATION OF THE CITY OF MISSISSAUGA ROAD OCCUPANCY, LOT GRADING, MUNICIPAL SERVICES PROTECTION DEPOSIT BY-LAW

THE CORPORATION OF THE CITY OF WINDSOR POLICY

Transcription:

Conveyance of Land & Cash in Lieu Thereof for Park and Other Purposes By-law CP-9 Consolidated November 15, 2010 As Amended by By-law No. Date Passed at Council This by-law is printed under and by authority of the Council of the City of London, Ontario, Canada Disclaimer: The following consolidation is an electronic reproduction made available for information only. It is not an official version of the By-law. The format may be different, and plans, pictures, other graphics or text may be missing or altered. The City of London does not warrant the accuracy of this electronic version. This consolidation cannot be distributed or used for commercial purposes. It may be used for other purposes only if you repeat this disclaimer and the notice of copyright. Copies of Official versions of all By-laws can be obtained from the City Clerk s Department by calling 519-661-4505. For by-law related Inquiries please contact 519-930-3510. For by-law related Complaints please contact Municipal Law Enforcement Officers at 519-661-4660 or enforcement@london.ca Copyright 2001

OFFICE CONSOLIDATION INCLUDING AMENDMENT CP-9-10004 (November 15/10) (effective January 1, 2011) COMMUNITY PLANNING By-law CP-9 A by-law to provide for the CONVEYANCE OF LAND AND CASH IN LIEU THEREOF FOR PARK AND OTHER PURPOSES 1.1 Definitions Corporation - defined Dwelling unit defined Development defined Redevelopment defined Building permit defined Hazard lands defined BY-LAW INDEX Part 1 INTERPRETATION Open space or other constrained lands - defined Land Owner defined Tableland - defined Part 2 PARKLAND CONVEYANCE - CONDITIONS 2.1 Land - for park purposes - conveyance calculation 2.1.2 Timing 2.1.3 Land for park purposes conveyance Hazard, Open Space and Constrained Land 2.2 Cash - in lieu of land - prior to permit 2.3 Land - value - per residential dwelling type - Table 1 2.3.1 Land value Commercial and other Non Residential 2.3.2 Payment of Cash in Lieu 2.3.3 Payment of Cash in Lieu 2.3.4 Payment of Parkland Over Dedication 2.4 Land - value - per dwelling - future calculations 2.5 Redevelopment - original conveyance - payment 2.6 Application - to O.M.B. - conveyance dispute

Part 3 REPEAL - ENACTMENT 3.1 By-law - previous 3.2 Effective date WHEREAS section 42 of the Planning Act, R.S.O. 1990, c. P.13, 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 recreational purposes. AND WHEREAS chapter 15 of the Official Plan for the City of London Planning Area - 1989 contains specific policies dealing with the provision of land for park or other public recreational purposes and the use of the alternative requirement in subsection 42 (3) of the Act; THEREFORE the Municipal Council of The Corporation of the City of London enacts as follows: 1.1 Definitions In this by-law: SHORT TITLE PARKLAND CONVEYANCE AND LEVY BY-LAW Part 1 INTERPRETATION Corporation - defined "Corporation" shall mean The Corporation of the City of London. Dwelling unit - defined "dwelling unit" shall mean a single room or series of rooms of complementary use which are located in a building in which food preparation, eating, living, sleeping and sanitary facilities are provided for the exclusive use of the occupants thereof; which has a private entrance directly from outside the building or from a common hallway or stairway inside the building; and in which all occupants have access to all the habitable areas and facilities of the unit. Development means the construction erection, or placing of one or more buildings or structures on land or making 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 establishing a commercial parking lot. Redevelopment means the removal of a building or structure from land and he further development of the land or the substantial renovation of a building or structure and a change in the character or density of the use in connection therewith. Code. Building permit means a building permit issued under the Ontario Building Hazard lands means those lands that could be unsafe for development due to naturally occurring processes. Generally lands located along rivers and streams, including the land covered by water, to the furthest landward limit of the flooding hazard or erosion hazard limits as defined by the Conservation Act. Open space or other constrained lands means lands that are not constrained by flood or erosion hazards that contain significant natural heritage features or ecological functions that have been identified for protection through an ecological study, approved by Council. Land Owner means the registered owner of land as listed on the provincial land registry within the Ontario Land Registry Office. Tableland means those lands that do not contain hazard, open space or other constrained features that would prohibit development.

Part 2 PARKLAND CONVEYANCE - CONDITIONS 2.1 Land - for park purposes - conveyance - calculation As a condition of development or redevelopment for residential purposes of any land within the City of London, the Owner of such land shall, at the request of the Corporation, convey to it for use for park or other public recreational purposes as follows: 1) In the case of land proposed for residential development the greater of either five (5%) percent of the land within the development application or an amount of land that is in the same proportion to the number of dwelling units proposed as one hectare bears to 300 dwelling units; 2) In the case of land proposed for development or redevelopment for commercial purposes, land in the amount of two percent (2%) of the land within the development application to be developed or redeveloped; 3) In the case of land proposed for development for use other than those referred in 2.1 1) and 2.1 2), land in the amount of five per cent (5%) of the land within the development application to be developed or redeveloped. 4) Where a development or redevelopment application contains defined hazard or environmentally constrained open space lands, these lands will be excluded from the calculation of parkland dedication as set out in Section 2.1 provided the said lands, are in some form, dedicated to the Corporation. 2.1.2 Timing For development and redevelopment, the parkland conveyance requirements will be determined at the time of development review and the amount of land will be identified as a condition of development. 2.1.3 Land - for park purposes - conveyance Hazard, Open Space and Constrained Land The Corporation retains the right not to accept the conveyance of land that is considered not suitable or required for park and recreation purposes including but not limited to the size of the parcel, hazard lands, wet lands, hydro lands, easements or other encumbrances that would restrict the Corporation s use of the land. Where the Corporation does not request the Owner to convey table land, the Corporation may in lieu accept constrained land at the following ratios: 1) Hazard land - 27 hectares of hazard land for every 1 hectare of table land; 2) Open space or other constrained lands - 16 hectares of open space or constrained lands for every 1 hectare of table land. 2.2 Cash - in lieu of land - prior to permit Where the Corporation does not request the Owner to convey land, the Owner shall pay money to the Corporation in lieu of such conveyance to the prevailing value of the land otherwise required to be conveyed under section 2.1 of this by-law before the issuance of the building permit or, if more than one building permit is required for the development or redevelopment, before the issuance of the first permit. 2.3 Land value per residential dwelling type Table 1 The prevailing value of land otherwise required to be conveyed under section 2.1 of this by-law for the twelve month period commencing January 1, 2011 and then every twenty-four months thereafter, may be determined by multiplying the value per dwelling unit in Column II of Table 1 for the corresponding type of residential dwelling unit in Column I by the number of that type of dwelling unit proposed on the land, and then adding all of the values for each type of dwelling unit to arrive at the prevailing land value. Column I Average Value of Land Table 1 Column II $370,650/hectare ($150,000/acre Residential Detached Units Up to 11.99m lot frontage $ 850.00 12m -14.99m lot frontage $1100.00 15m -17.99m lot frontage $1340.00 18m or greater lot frontage $1665.00 **Where lot frontage is defined under Zoning

By-law Z.-1 Cluster detached / Semi-detached / duplex $ 850.00 Attached Rowhousing $ 775.00 Attached Apartments $ 375.00 Value of Parkland Hazard land Open space land Ration of hazard Land to table land 27 to 1 Ratio of open space land to table land 16 to 1 Table land to be purchased by the Corporation for parkland use $13,590/hectare ($5,500/acre) $22,230/hectare ($9000/acre) $370,650/hectare ($150,000/acre) 2.3.1 Land value Commercial and other Non Residential The prevailing value of land otherwise required to be conveyed under section 2.1 of this by-law for commercial and other non-residential purposes will be determined by a registered property appraiser and be valued at a market rate consistent with the timing of development under the Planning Act as listed below: 1) Development under Section 42 value equal to the day before the day of the issuance of the building permit 2) Development under Section 51 value equal to the day before the day of draft approval 3) Development under Section 53 value equal to the day before the day of issuance of consent. 2.3.2 Payment of Cash in Lieu The timing of payment of cash in lieu required to be made under this by-law shall be consistent with the timing of development under the Planning Act as listed below. Where more than one building permit is required for the development, the payment shall be made as of the day before the day of the issuance of the first building permit. 1) Section 42 at the time of building permit 2) Section 51 at the time of building permit 3) Section 53 prior to the issuance of a consent 2.3.3 Payment of Cash in Lieu No person shall construct a building on the land proposed for development or redevelopment unless the payment of money in-lieu has been made or arrangements, that are satisfactory to the Corporation, have been made for the payment. 2.3.4 Payment of Parkland - Over Dedication Where parkland in excess of the required dedication under Section 2.1 is included in a development application, with the concurrence of the Corporation, the excess parkland land will be purchased by the Corporation at a rate listed in Table 1. This rate will be updated on a biennial basis (every 2 years) consistent with and part of independent review in Section 2.4. 2.4 Land value per dwelling future calculations The prevailing value of land otherwise required to be conveyed under section 2.1 of this by-law for the twelve month period commencing January 1, 2011, and for every twenty-four month period thereafter shall be the result, rounded to the nearest five dollars, of a review undertaken by an independent certified property appraiser on a biennial (every 2 years) basis to ensure the all values and ratios listed in Table 1 reflect the current market value. Amendments to the bylaw and Table 1 will require approval of Municipal Council. 2.5 Redevelopment - original conveyance - payment Where land has been conveyed or has been required to be conveyed to the Corporation for park or other public purposes or a payment of money in lieu of such conveyance has been received by the Corporation or is owing to it under section 42, 51.1 or 53 of the Planning Act, or under a predecessor of any such sections, the conveyance or payment, as the case may be, shall be credited in determining the amount of land or payment of money in lieu thereof that may be required under section 42 of the Act for subsequent development or redevelopment where: 1) there has been a change in the proposed development or redevelopment which would increase the density of development; or 2) Where land originally proposed for commercial or industrial purposes is

subsequently proposed for other purposes. 2.6 Application - to O.M.B. - conveyance dispute Where the owner and the Corporation are unable to agree on the value of the land otherwise required to be conveyed under section 42 of the Planning Act, R.S.O. 1990, c. P.13, or in the event of a dispute between the Corporation and an owner of land as to the amount of land or payment of money in lieu thereof that may subsequently be required, as mentioned in subsection 42 (8) of the Act, either party may apply to the Ontario Municipal Board to have the value or matter determined. Part 3 REPEAL - ENACTMENT 3.1 By-law - previous By-law L.S.P.-2846-323 and all of its amendments are hereby repealed. 3.2 Effective date This by-law comes into force on November 15, 1993. Passed in Open Council on November 15, 1993. T.C. Gosnell Mayor K.W. Sadler City Clerk First Reading - November 15, 1993 Second Reading - November 15, 1993 Third Reading - November 15, 1993