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HomeMy WebLinkAbout79-69 --,~ . "" ~ . . . .. .~. ..1 THE CORPORATION OF THE TOWN OF NEWCASTLE By-Law No. 79-69 Being a by-law to adopt a Policy in respect of Parkland Dedications in the Town of Newcastle under Section 33 of the Planning Act (Subdivisions) The .Council of the Corporation of the Town of Newcastle hereby ENACTS as follows:- (1) That a Policy in respect of Parkland dedications under Section 33 of the Planning Act be established in the Town of Newcastle and that the said POlicy shall be as provided in Schedule "A" attached to this By-laws. By-Law Read a first and second time this 30th day of July, 1979. AMENDt:u u { c- tl - OO~ BY.LAW #............. REPEALED BY 0(5 -/04 BY.LAW #.1........... By-Law Read a third time and finally passed this 30th day of July, 1979. -;7 G.B. Rickard ~ ~~ Mayor J .M. McIlroy Clerk f ..~ , . SCHEDULE "A" TO BY-LAW NO. 79-69 TOWN OF NEWCASTLE . Policy in respect of Parkland Dedications under Section 33 of The Planning Act (Subdivisions) 1. The Town of Newcastle may require as a condition of approval of a plan of subdivision that up to 5% of the land included in a plan of subdivision be dedicated to the Town for park purposes. The Town of Newcastle shall not accept any creek valley lands, flood susceptible lands or lands with hazardous characteristics as any portion of the 5% parkland dedication requirement. 2. Notwithstanding the above requirement, the Town may require the dedication of creek valley lands, flood susceptible lands . or lands with hazardous characteristics to the municipality at no cost as a condition of subdivision approval. 3. The Town of Newcastle shall accept lands for park purposes where required within the "developable" portion of a subdivision plan. The Town may require up to 5% of the "developable" lands or may accept some combination of land and cash-in-lieu. 4. Lands dedicated to the Town for park purposes shall be conveyed in a condition satisfactory to the Town, Le.; clear of refuse and graded. 5. Where land for park purposes is not required, the Town will accept cash-in-lieu of developable land. The cash-in-lieu calculation will be based on the market value of the lands upon draft plan . approval. The market value of the lands will be determined by a qualified appraiser hired by the Town. The cost of such an appraisal will be the responsibility of the developer/subdivider. .".... ~~ .. " . , '" ~ - 2 - . The calculation of the 5% cash-in-lieu will be calculated on the appraised market value minus development charges and costs. e e