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HomeMy WebLinkAbout95-104 i\ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 95- 104 being a By-Law to govern Parkland Dedication in the Corporation of the Municipality of Clarington and to repeal By-Law 79-69, By-Law 87-5 and By-Law 88-162. WHEREAS Section 42(1) of The Planning Act, R.S.O. 1990 provides the Council with the authority to require the conveyance of land to the municipality for park or public recreational purposes as a condition of development or redevelopment; AND WHEREAS Section 51.1 of The Planning Act, R.S.O. 1990 provides that the approval authority may impose, as a condition of the approval of a plan of subdivision, that land be conveyed to the municipality for park or public recreational purposes; AND WHEREAS Section 53 of The Planning Act, R.S.O. 1990 provides that the approval authority may impose, as a condition of approval of a consent, that a payment of money be required by the municipality in lieu of the conveyance of land for park or recreational purposes; AND WHEREAS Section 42(3) of The Planning Act, R.S.O. 1990 provides the Council with the authority pursuant to the Official Plan policies to require the conveyance of land at the rate of up to 1 hectare per 300 dwelling units proposed for development or redevelopment, as an alternative method to the conveyance of land under Section 42(1) of The Planning Act, R.S.O. 1990; AND WHEREAS the Council of the Corporation of the Municipality of Clarington deems it appropriate to repeal By-Law 79-69, By-Law 87-5 and By-Law 88-162. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. For the purpose of interpretation of this by-law, the following definitions shall apply: (a) "Consent" shall refer to the subdivision of land as defined in Section 53 of the Act; (b) "Developable Land" shall refer to an area containing table land suitable for development; 2 - (c) "Development" shall refer to the construction, erection or placement of one or more buildings or structures on land or the construction or erection of an addition or alteration to a building or structure; (d) "Municipality" shall refer to the Corporation of the Municipality of Clarington; (e) "Park Purposes" shall refer to the use of land for public park or other public recreational purposes; (f) "Plan of Subdivision" shall refer to the subdivision of land as defined in Section 51 of the Act; (g) "Site Plan" shall refer to "Development" as defined in Section 41(1) of the Act; (h) "The Planning Act, R.S.O. 1990" will hereafter be referred to as the Act; (i) "Redevelopment" shall have the same meaning as Development; (j) "Regulatory Shoreline" shall refer to the land, including that covered by water, between the international boundary, where applicable, and the furthest landward limit of the regulatory flood standard, regulatory erosion standard or the regulatory dynamic beach standard as defined by the Comprehensive Set of Provincial Policy Statements, 1994; (k) "Valleylands" shall refer to the lands within a depression located along either side of a watercourse as determined from top-of-bank plus any applicable buffers as required for slope stability; (1) "Wetlands" shall refer to any lands that are seasonally or permanently covered by shallow water, as well as lands where the water table is close to or at the surface and where the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic or water tolerant plants. 2. As a condition of approval of a plan of subdivision, site plan or consent application of land for commercial or industrial purposes, the Municipality shall require that developable land in an amount not exceeding two percent of the lands included in the plan be conveyed to the Municipality for park purposes. - 3 - 3. As a condition of approval of a plan of subdivision, site plan or consent application of land for residential purposes and all other purposes not included in Section 2, the Municipality shall require that developable land in an amount not exceeding five percent of the lands included in the plan be conveyed to the Municipality for park purposes. 4. As an alternative to the provisions of Section 3, the Municipality may require the conveyance of land for park purposes at a rate of up to 1 hectare per 300 dwelling units for residential developments where these rates would yield a conveyance greater than five percent provided that such lands have been excluded from lands subject to the five percent parkland dedication requirement under Section 3 and; (a) that in all cases, the amount of the conveyance shall be a minimum of two percent of the land; and, (b) where development proposals contain residential and commercial components, the parkland dedication shall only be applied to the residential component. 5. The Municipality may waive the conveyance of land requirement in favour of cash-in-lieu of a conveyance of land or a combination of cash-in-lieu and the conveyance of land under the following circumstances: (a) where the use of the alternative parkland dedication requirement would result in a conveyance of more than ten percent of the total land area of a site proposed for development or would render a site undevelopable; and/or, (b) where the land conveyance would not provide a land area of suitable size, configuration or location to meet the Municipality's Official Plan policies or objectives for development of lands for park purposes. 6. Where the Municipality has determined that a cash payment in lieu of lands for park purposes is preferred, the following provisions shall be applicable: (a) in the case of approval under Sections 51.1 and 53 of the Act, the payment shall be based on the market value of the lands established one day prior to draft approval of a plan of subdivision or conditional approval of a consent; and, 4 - (b) in the case of an approval under Section 42(1) of the Act, the payment shall be based on the value of land as of the day before the building permit is issued or, where more than one permit is required for the development, as of the day before the day of the issuance of the first building permit. 7. The market value shall be determined by a qualified appraiser hired by the Municipality at the expense of the applicant. The cash-in-lieu contribution received pursuant to this By-Law shall be directed into the Parks Reserve Account. 8. If land has been conveyed or is required to be conveyed for park purposes or a cash-in-lieu payment of land for park purposes has been received or is owing under a condition imposed under Sections 51.1 or 53 of the Act, no additional conveyance or payment in respect of the land subject to the conveyance or payment may be required unless; (a) there is a change in the proposed development or redevelopment that would increase the density of development; or, (b) land originally proposed for development or redevelopment for commercial or industrial purposes is now proposed for development or redevelopment for other purposes. 9. The provisions in Sections 2 to 8 inclusive shall not apply to development or redevelopment where the additions or expansions to existing uses represent a gross floor area less than 100 square metres and provided that the addition or expansion does not create additional dwelling units. 10. The Municipality shall not accept any wetlands, valleylands, regulatory shoreline, flood susceptible lands or lands with hazardous characteristics as any portion of the parkland dedication requirements in Sections 2 to 8 inclusive. 11. Notwithstanding the above requirements, the Municipality shall request the gratuitous dedication of open space lands including wetlands, valleylands, regulatory shoreline, flood susceptible lands and lands with hazardous characteristics within and adjacent to the Courtice, Bowmanville, Newcastle Village and Orono Urban Areas and designated hamlets. - 5 - These lands may be required to be dedicated to the Municipality or appropriate Conservation Authority where such dedication is consistent with the Municipality's Official Plan objectives or the long term goals of such Conservation Authority. 12. In determining the area of land required for conveyance of land or cash-in-lieu thereof for park purposes, gross land area shall be used, with the exception of the open space lands referred to under Section 11 provided the open space lands are dedicated to the Municipality gratuitously. 13. Lands dedicated to the Municipality for park purposes shall be conveyed in a condition satisfactory to the Municipality, bearing the full depth of its original topsoil, being clear of unconsolidated fill or refuse and graded in accordance with the Municipality's policies. 14. Notwithstanding other applicable sections in this by-law, the following non- residential uses shall be exempt from the requirement of parkland dedication: (a) all private structures developed by registered charitable, non-profit and hospital organizations; and, (b) all public facilities and buildings developed by a government agency. 15. Should any part of this By-Law be declared by a Court of competent jurisdiction to be invalid in part or in whole, the validity of the other provisions of this By-Law shall not be affected thereby, the intent of Council being that each provision of the By-Law shall be determined to be separately valid and enforceable to the fullest extent permitted by law. 16. By-Law 79-69, By-Law 87-5 and By-Law 88-162 are repealed on the date of passing hereof. By-Law read a first time this 17th day of July 1995. By-Law read a second time this 17th day of July 1995. By-Law read a third time and finally passed this17th day of July 1995. MAYOR DEPUTY CLERK