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Home My WebLink About2022-09-12 Special Special Council Agenda Date:September 12, 2022 Time:Immediately following the Joint Committees Meeting Location:Council Chambers or Microsoft Teams Inquiries and Accommodations: For inquiries about this agenda, or to make arrangements for accessibility accommodations for persons attending, please contact: Lindsey Patenaude, Committee Coordinator at 905-623-3379, ext. 2106 or by email at lpatenaude@clarington.net. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Audio/Video Record: The Municipality of Clarington makes an audio and video record of Council meetings. If you make a delegation or presentation at a Council meeting, the Municipality will be recording you and will make the recording public by publishing the recording on the Municipality’s website, www.clarington.net/calendar. Cell Phones: Please ensure all cell phones, mobile and other electronic devices are turned off or placed on non-audible mode during the meeting. Copies of Reports are available at www.clarington.net/archive The Revised Agenda will be published on Friday after 3:30 p.m. Late items added or a change to an item will appear with a * beside them. Pages 1.Call to Order 2.Land Acknowledgement Statement 3.Declaration of Interest 4.Presentations 4.1.Andrew Grunda, MBA, CPA, CMA, Principal, Watson and Associates Economists Ltd., Regarding Report PDS-041-22 Parkland and Open Space Dedication By-law 5.Staff Reports 5.1.PDS-041-22 Parkland and Open Space Dedication By-law 3 6.By-laws 6.1.2022-043 Being a By-law to Govern Parkland and Open Space Dedication in the Municipality of Clarington 7.Confirming By-law 8.Adjournment Special Council September 12, 2022 Page 2 Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Council Date of Meeting: September 12, 2022 Report Number: PDS-041-22 Submitted By: Carlos Salazar, Director of Planning and Development Services Reviewed By: Mary-Anne Dempster, CAO Resolution#: File Number: PLN 20.19 By-law Number: Report Subject: Parkland and Open Space Dedication By-law Recommendations: 1. That Report PDS-041-22 and any related delegations or communication items, be received; 2. That the proposed Parkland and Open Space Dedication By-law Attachment 2, to Report PDS-041-22, as be approved; and 3. That all interested parties listed in Report PDS-041-22 and any delegations be advised of Council’s decision. Page 3 Municipality of Clarington Page 2 Report PDS-041-22 Report Overview Watson & Associates Economists Ltd. were retained by the Municipality of Clarington to undertake a review and update of its Parkland Dedication By-laws. The attached report summarzies the assessment of parkland needs for Clarington, relative to forecasted development and provides a comparison of other municipal parkland dedication by-laws for consideration and consistency (Attachment 1). This report and the background study have been prepared to respond to the legislative requirements of Bill 197, COVID-19 Economic Recovery Act, 2020 (“Bill 197”) and associated amendments to Section 42 of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Planning Act”). Specifically, in regards to consultation on alternative parkland dedication rates and the passing of a new parkland dedication by-law containing alternative parkland dedication rates. The proposed by-law is necessary for the Municipality to continue to use the alternative parkland dedication rates currently established in By-law 95-104 and By-law 97-68. All municipalities that impose the alternative rate in their parkland dedication by-laws must enact a new parkland dedication by-law since the alternative rate is set to expire on September 18, 2022, as per the Planning Act. 1. Background Standard Rate and Alternative Rate for Parkland Dedication 1.1 There are two ways to calculate parkland dedication rates as set out in the Planning Act. The Standard Rate, which is based on a percentage of the total land area proposed for development and the Alternative Rate, which is based on the total number of proposed units. This report and proposed by-law focuses on the Alternative Rate. 1.2 The Planning Act was amended in 2015 to change the Alternative Rates for payment- in-lieu (PIL) of parkland from 1 hectare per 300 units to 1 hectare per 500 units. Prior to 2015 the rate was 1 hectare per 300 units for both conveyance of parkland and PIL of parkland. 1.3 It should be noted that Clarington’s by-law to govern parkland dedication, By-law 95- 104, states a rate of 1 hectare per 300 units for PIL of parkland. Municipalities do not have the authority to collect more than what the Planning Act allows for, therefore, the lesser rate of 1 ha per 500 units would be the applicable rate to apply for PIL of parkland. The Planning Act states that where a by-law requires PIL of parkland greater than 1 ha per 500 units, then the by-law is deemed to be amended to be consistent with the Planning Act provisions. Page 4 Municipality of Clarington Page 3 Report PDS-041-22 Bill 197 and the Purpose of the Alternative Parkland Dedication Rate 1.3 Bill 197 was initiated by the government to streamline regulatory processes in a number of different areas in order to jumpstart economic growth and provide a long- term recovery to ensure that development and redevelopments benefit the respective community in a meaningful way. The key to Section 42 changes of the Planning Act is to ensure consultation and a Master Parks Plan is developed to understand the needs of the community before adopting the Alternative Rate. Furthermore, the Official Plan must contain policies in order to apply the alternative parkland dedication rate. Through the Official Plan Review and the Municipality’s Parks, Open Space and Trails Discussion Paper, this analysis and the relevant policies were incorporated into the Clarington Official Plan, Amendment 107 adopted in 2016 and approved in 2017. 1.4 The purpose of the alternative parkland dedication rate is to address parkland requirements for higher density residential development s. In such cases the 5% parkland dedication rate does not yield sufficient lands in relation to the population levels generated by higher density developments. Therefore using a rate based on the number of units yields a higher parkland dedication rate for these types of projects. The Planning Act requires that local Official Plans contain specific policies in order for the alternative rate provision to be utilized in a by-law. 2. Existing Municipal By-laws Governing Parkland and Open Space Dedication 2.1 At the present time, two by-laws govern the dedication of parkland and open space within the Municipality:  By-law 95-104 governing the standard and alternative rate of parkland dedication across the municipality for subdivisions and site plan applications; and  By-law 97-68 governing the alternative rate for higher density developments within the Main Central Areas. It is noted that the Main Central Areas is no longer a term that is used in the Clarington Official Plan. 2.2 The proposed by-law would replace these by-laws, which are set to expire on September 18, 2022, under the Planning Act. The proposed Parkland By-law also provides some clarity regarding the applicability of the rate and what is included in the calculation, as well as implement the 2015 changes in the Planning Act regarding the alternative rate of 1 hectare per 500 units for PIL of parkland. A full analysis of the changes proposed in the new Parkland By-law is contained in the report prepared by Watson & & Associates Economists Ltd. (Attachment 1). Page 5 Municipality of Clarington Page 4 Report PDS-041-22 2.3 The proposed Parkland By-law also includes changes that are consistent with the Clarington Official Plan policies regarding parkland dedication found in Section 23.10. For instance, the current Parkland Dedication By-law imposes the alternative requirement on residential development at the discretion of the Municipality where the Clarington Official Plan requires the “greater of” the standard requirement or the alternative requirement be applied. The proposed Parkland Dedication By-law has been revised to state the “grater of” the two requirements, consistent with the Clarington Official Plan policies. 3. Proposed Parkland and Open Space Dedication By-law 3.1 A copy of the proposed Parkland and Open Space Dedication By-law is attached to this report (Attachment 2) and is based on the work completed by Watson & Associates Economists Ltd. as well as comments provided through consultation with the Durham Home Builders Association on August 30th, 2022. 3.2 It is important to note that the proposed Parkland By-law is a continuation of the rates that have been used by the Municipality to acquire parkland, with the exception of the 97-68 By-law which provides a lesser rate for the Main Central Areas. The Main Central Areas are no longer a defined area in the Clarington Official Plan and therefore this By- law is not applicable. Although there may be a desire to have a reduced rate to encourage higher densities within Clarington’s core areas, an updated by-law would be required to determine where the appropriate locations would be and to what extent the rate should be reduced. Further review of the parkland dedication rates for the identified Priority Intensification Areas within the Clarington Official Plan will be reviewed through the next comprehensive Official Plan Review. 3.3 Bill 197 also introduced amendments to the Planning Act to provide individuals the ability to appeal the passing of a new municipal parkland dedication by-law containing alternative parkland dedication rates, even if the rates in the new by-law are unchanged from those in the municipality’s previous parkla nd dedication by-law. The Municipality will be required to provide Notice of Passing of any new parkland dedication by-law containing alternative parkland dedication rates passed under Section 42 of the Planning Act within 20 days of passing, and any person or public body will have 40 days to file an appeal to the Ontario Land Tribunal. 4. Financial Considerations 4.1 The acquisition of parkland and collection of payment -in-lieu of parkland fees through alternative parkland dedication rates, such as those currently used by the Municipality in By-laws 95-104 and 97-68 is necessary to ensure that the Municipality can fund the ongoing acquisition of parkland and open space. Using the alternative rates may optimize the Municipality’s ability to acquire parkland and ensure that growth pays for Page 6 Municipality of Clarington Page 5 Report PDS-041-22 growth. For this reason, it is critical to ensure that the Municipality has the ability to apply an appropriate parkland dedication rate for all development in Clarington, to enable the Municipality to maximize the total amount of parkland or payment-in-lieu that the Municipality can acquire through the development approvals process. 4.2 While development charges are collected for recreational purposes including playgrounds, trails, and facilities; the land for these amenities is not e ligible for recovery under the Development Charges Act. The parkland dedication fees provides a funding source for the lands that will be needed as the Municipality grows. 4.3 By advancing the recommended By-law, the Municipality will have the opportunity to continue to use the parkland dedication rates beyond September 18, 2022. Should Council choose to not advance a new parkland dedication by-law, which includes the alternative parkland dedication rate prior to September 18, 2022, the Municipality will not be able to acquire parkland dedication through development approvals it would otherwise be entitled to collect if the parkland dedication rates were in place. 5. Concurrence 5.1 This report has been reviewed by the Deputy CAO/Treasurer and the Deputy CAO/Director of Legislative Services who concur with the recommendations. 6. Conclusion 6.1 In light of the revisions to the Planning Act under Bill 197, it is recommended that Council approve the proposed Parkland and Open Space Dedication By-law. This will allow the Municipality to continue to use the alternative rate for parkland dedication or payment-in-lieu. It will also address some minor technical issues with the existing by- laws and clarify procedures and exemptions. Staff Contact: Nicole Zambri, Senior Planner, 905-623-3379 ext. 2422 or Nzambri@clarington.net . Attachments: Attachment 1 – Municipality of Clarington Parkland Dedication By-law Review – Background Report for Discussion Purposes Attachment 2 – Proposed Parks and Open Space By-law Interested Parties: List of Interested Parties available from Department. Page 7 Watson & Associates Economists Ltd. 905-272-3600 August 31, 2022 info@watsonecon.ca Municipality of Clarington Parkland Dedication By-Law Review ________________________ Background Report Page 8 Watson & Associates Economists Ltd. H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx Table of Contents Page 1. Introduction ...................................................................................................... 1-1 1.1 Legislative Context ................................................................................. 1-1 1.2 Municipality of Clarington’s Official Plan ................................................. 1-3 1.3 Municipality’s Parks, Open Space and Trails Discussion Paper ............. 1-6 1.4 Municipality of Clarington Parkland Dedication By-law ........................... 1-6 2. Parkland Dedication Assessment Methodology ........................................... 2-1 2.1 Methodology and Current By-Law Assessment ...................................... 2-1 2.1.1 Forecast Parkland Supply .......................................................... 2-1 2.1.2 Forecast Parkland Demand ....................................................... 2-4 2.1.3 Assessment of Parkland Dedication .......................................... 2-5 2.2 Parkland Dedication Policy Review Findings .......................................... 2-7 2.2.1 By-law Definitions ...................................................................... 2-8 2.2.2 Parkland Dedication Rates by Development Type ..................... 2-9 2.2.3 Treatment for Major Transit Areas (MTSA) .............................. 2-10 2.2.4 Parkland Dedication – Additions .............................................. 2-10 2.2.5 Redevelopment Credits ........................................................... 2-11 2.2.6 Forms of Acceptable Parkland – Encumbered Lands .............. 2-11 3. Conclusions ..................................................................................................... 3-1 Appendix Policy Review Report Page 9 Watson & Associates Economists Ltd. H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx Chapter 1 Introduction Page 10 Watson & Associates Economists Ltd. PAGE 1-1 H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx 1. Introduction The Municipality of Clarington (Municipality) retained Watson & Associates Economists Ltd. (Watson) to undertake a review of its Parkland Dedication By-law. The Municipality’s Parkland Dedication By-law, i.e. By-Laws 95-104, as amended, came into effect prior to September 18, 2020. The By-Law allows for the conveyance of parkland at the alternative requirement of 1 hectare (ha) per 300 dwelling units. As a result of the recent amendments to the Planning Act, all municipalities with parkland dedication by- laws imposing the alternative requirement must enact a new parkland dedication by-law prior to September 18, 2022. As such, the scope of this report provides recommendations with the Municipality adopting a new parkland dedication by-law prior to this expiry date. The review undertaken by Watson assessed the Municipality’s existing parkland dedication by-law, and associated documents, with a focus on the implementation and policy issues for a new by-law. In this regard, a Policy Review Report consisting of a comparative review of municipal parkland dedication by-laws and municipal practice witnessed in current updates was undertaken for a select number of issues identified by Municipal staff. In addition, Watson undertook an assessment of the Municipality’s forecast needs for parkland and the ability of the current parkland dedication by-law to satisfy these requirements based on the forecast development. This report provides recommendations for Municipality Council’s consideration to better address its parkland needs to support growth. The report summarizes the legislative context for the review, the methodology used in undertaking the assessment of parkland needs, findings of parkland dedication relative to forecast development, and by-law policy considerations based on the Policy Review Report (included in appendix herein) for Municipality’s consideration. 1.1 Legislative Context Section 42 of the Planning Act directs municipalities with respect to the conveyance of land for parks or other public recreational purposes. Schedule 17 of the COVID-19 Economic Recovery Act was proclaimed on September 18, 2020 and amended s.42 setting out various procedural matters related to the passage and appeal of a by-law containing the alternative requirement. In this regard, parkland dedication by-laws Page 11 Watson & Associates Economists Ltd. PAGE 1-2 H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx imposing the alternative requirement that were in effect on or before this date of proclamation expire on September 18, 2022. A municipality is required to pass a new by-law prior to the expiry date to continue using the alternative requirement to receive parkland dedication. Subsection 42(1) allows a municipality, by by-law, to require as a condition of development or redevelopment the conveyance of land not exceeding 2% of land to be developed for commercial and industrial purposes, or 5% of the land to be developed for all other purposes. Under s.s.42(3) a municipality may elect to impose the alternative requirement to the 5% of land conveyed for residential purposes, imposing a maximum rate of 1 hectare per 300 dwelling units. To impose the alternative requirement the Planning Act requires that the municipality’s Official Plan contains specific policies dealing with the provision of lands for parks or other public recreational purposes, and the use of the alternative requirement. Before adopting the Official Plan policies, the municipality must prepare a Parks Plan that examines the need for parkland in the municipality and make it available to the public. In preparing the Parks Plan, the municipality, shall consult with every school board that has jurisdiction in the municipality; and may consult with any other persons or public bodies that the municipality considers appropriate. The Planning Act further specifies that before passing a by-law containing the alternative requirement, the municipality shall consult with such persons and public bodies as the municipality considers appropriate. After passing a new by-law, or amending an existing by-law, a municipality shall give notice of by-law passage, as prescribed, within 20 days. The notice must indicate the last day for appealing the by- law, which shall be the day that is 40 days after the day the by-law is passed. Moreover, the parkland dedication by-law may be appealed to the Ontario Land Tribunal (OLT) by any person or public body. Under s.s.42(6) council may require a payment in lieu of the value of land otherwise conveyed at the standard rates. Similar to the standard dedication policies, under s.s.42(6.0.1) council may require a payment in lieu of parkland at a rate of 1 ha. per 500 dwelling units, or lesser rate as specified in the by-law, if using the alternative requirement. These payments are commonly referred to as Payments-in-lieu (P.I.L.) of parkland. These payments are applicable law and as such no person is allowed to construct a building on the land proposed for development unless payment or Page 12 Watson & Associates Economists Ltd. PAGE 1-3 H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx arrangements for the payment is made. Also, the value of the land shall be determined as of the day before the building permit is issued, or if more than one building permit is required the day before the first building permit is issued. The payments may be paid under protest by the applicant. The applicant may also apply to the OLT to have the value determined. All P.I.L. of parkland funds received by the municipality must be maintained in a special account. The funds can only be spent on the acquisition of land to be used for park or other public recreational purposes, as well as the erection, improvement or repair of buildings, and the acquisition of machinery for park or other public recreational purposes. The Province may prescribe required information, dissemination and timing for reporting on a municipality’s parkland dedication by-law. Bill 109, the More Homes for Everyone Act, received Royal Assent on April 15, 2022. Schedule 5 of the Act amends the Planning Act. Specifically, s.42 of the Planning Act is amended with respect to parkland requirements on lands designated as transit-oriented community land under the Transit-Oriented Communities Act. In this regard, subsections 42(3.2) through 42(3.4) were added to the Planning Act whereby a by-law that provides for the alternative requirement shall not require a conveyance or P.I.L. of parkland greater than 10% of the land where the land proposed for development is 5 ha. or less; and 15% of the land where the land proposed for development is greater than 5 ha. Subsection 2(1) of the Transit-Oriented Communities Act currently defines transit- oriented community land as land, in the opinion of the Lieutenant Governor in Council, that is or may be required to support a transit-oriented community project. Moreover, the Minister shall publish notice of each designation made on a Government of Ontario website. At the time of writing this report no lands within the Municipality of Clarington are designated as transit-oriented community land. 1.2 Municipality of Clarington’s Official Plan The Municipality’s 2018 Official Plan (OP) provides the planning policy for parks and parkland dedication. Subsection 23.10 of the OP identify the policies for Park Land Dedications. Relevant excerpts from this subsection of the OP that pertain to parkland dedication are provided below. Paragraph 3 of subsection 23.10 specifically indicates Page 13 Watson & Associates Economists Ltd. PAGE 1-4 H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx the intent of the Municipality to impose the alternative requirement for low, medium, and high density residential development. “s.s. 23.10.1 It is the Municipality's policy to require that, as a condition of development or redevelopment or the approval of a plan of subdivision of land in the Municipality, land shall be conveyed or dedicated to the Municipality for park or other public recreational purposes in accordance with Section 23.10.2. All parkland and Environmental Protection Areas conveyed to the Municipality shall be free of all encumbrances, except as identified in Section 21.3.2. In addition, all land to be conveyed shall not be contaminated”. “s.s 23.10.3 The conveyance or dedication of land to the Municipality for parks or other public recreational purposes shall be in accordance with the following: a) For residential development, redevelopment or plans of subdivision providing for low, medium and/or high density uses, conveyance or dedication shall be either equal to 5% of the land proposed for development, redevelopment or subdivision or 1 hectare per 300 dwelling units, whichever is greater; b) For industrial or commercial development, redevelopment or subdivision, a conveyance or dedication based on 2% of the land; c) For mixed use development, conveyance or dedication requirements will only apply to the residential portion of the development proposal in the amount equal to 1 hectare per 300 dwelling units. However, in no instance shall the contribution be less than 2% of the land area or the equivalent payment-in-lieu value; d) For conversion of non-residential buildings to residential uses, dedication will be in accordance with Subsection (a) with appropriate credit to be made for any previous dedication; and e) For residential plans of subdivision, the standard of 1 hectare per 300 dwelling units may be applied to blocks within the plan of subdivision, provided such blocks are excluded from the calculation for the 5% of the land proposed for subdivision.” Page 14 Watson & Associates Economists Ltd. PAGE 1-5 H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx “s.s 23.10.4 Council may waive the land conveyance requirement in favour of payment- in-lieu of parkland dedication or require a combination of cash and land where: a) The use of the alternative parkland dedication policy consumes more than 10% of the site area thereby rendering the site undevelopable; or b) The amount of land for parkland dedication does not result in a sufficient area for park development; or c) The dedication of land is not deemed necessary. In all cases, the value of the land shall be determined in accordance with the provisions of the Planning Act.” The OP further specifies the lands and features that will not be considered acceptable for parkland dedication, including Valleylands, lands required for drainage purposes, and lands susceptible to flooding or otherwise unsuitable. The land conveyed should be in a condition acceptable to the Municipality. In addition, the OP specifies the components of the Municipality’s parks system as well as the target parkland service standard the Municipality wants to achieve in subsection 18.3. In this regard, the municipal park system is to be comprised of: Municipal Wide Parks; Community Parks; Neighbourhood Parks; Parkettes; Public Squares; and Hamlet Parks. The OP also sets out the overall per capita parkland standard for parkland in the Municipality. The overall standard is established at 1.8 ha per 1,000 persons, with a per capita target by park type of 1 ha per 1,000 population for Municipal Wide and Community Parks; and 0.8 ha per 1,000 population for Neighbourhood Parks, Parkettes and Public Squares. These parkland dedication standards are supported by the Municipality’s 2013 Parks, Open Space and Trails Discussion Paper (POSTDP). The POSTDP provides a framework to determine the parks required to serve the needs of Page 15 Watson & Associates Economists Ltd. PAGE 1-6 H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx future development and constitutes the Municipality’s Parks Plan for the purposes of the Planning Act. 1.3 Municipality’s Parks, Open Space and Trails Discussion Paper The Municipality’s POSTDP identifies the parkland needs and strategies to address the demands of residents to the forecast period 2031. The POSTDP includes Council approved service level targets for active parkland. These targets will inform future parkland provision within the Municipality over the forecast period. Section 3 of the POSTDP summarizes the parkland and recreational land area needs for the forecast period. The POSTDP states that the OP’s target parkland level of service is 1.8 ha. per 1,000 population. This service level is further defined by parks classification as follows: District Parks: 0.4 hectares per 1,000 persons Community Parks: 0.6 hectares per 1,000 persons Neighborhood Parks: 0.8 hectares per 1,000 persons Parkettes: are not designated on Map A of the Official Plan. They are required wherever the municipality deems it necessary to augment or adjust the park requirements of any neighbourhood. The POSTDP itemizes the current inventory of active parkland within the Municipality by park type and the resultant service level. In 2011, the Municipality’s parkland level of service was 2.04 ha. per 1,000 population. This was based on an inventory of approximately 180 ha of existing parkland at that time. By comparison, this service level exceeds the Municipality’s OP target of 1.8 ha. per 1,000 population. 1.4 Municipality of Clarington Parkland Dedication By-law The Municipality’s current Parkland Dedication By-law, i.e. By-Law 95-104, was passed on July 17, 1995. This By-law was amended on April 14, 1997, to impose a lower alternative requirement of 0.25 ha per 300 dwelling units for residential development within designated Main Central Areas. It should be noted however, that the defined Main Central Area does not currently exist in the Municipality’s OP. Page 16 Watson & Associates Economists Ltd. PAGE 1-7 H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx The Municipality’s Parkland Dedication By-law imposes the requirements for parkland conveyance or P.I.L. of parkland to the Municipality at the time of approval of the development. The amount of land required under the by-law is consistent with the provisions of s.42 of the Planning Act. The by-law requires the following conveyance of land by development type. The parkland requirements are determined at the time of development review with subsequent dedications at building permit issuance. Commercial and Industrial development – Amount not exceeding 2% of the total land area of the site being developed; Residential development – Amount not exceeding 5% of the total land area of the site being developed, or the Municipality may require the conveyance of land for park purposes at a rate of up to 1 hectare per 300 residential dwelling units; Mixed-Use development – The Municipality of Clarington does not explicitly address the rate or method used to calculate parkland conveyance required for mixed use developments. However, the Municipality states that “where development proposals contain residential and commercial components, the parkland dedication shall only be applied to the residential component”. The by-law exempts the parkland requirements on developments or redevelopments that do not increase the amount or density of development, where the parkland requirements have been satisfied under s.51.1 or s. 53 of the Planning Act, and where additions or expansions to existing uses total a gross floor area of less than 100 sq.m. The by-law also defines the types of land that will not be accepted as parkland dedication requirements, consistent with the provision of the Municipality’s OP, including any wetlands, valleylands, regulatory shoreline, flood susceptible lands or lands with hazardous characteristics. Moreover, the Municipality requires that land conveyed as parkland dedication should be 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. The by-law provides that the Municipality may require P.I.L. of parkland, or a combination of P.I.L. and the conveyance of land if the alternative parkland dedication requirement would result in a conveyance of more than 10% of the total land area of a site proposed for development. Furthermore, the Municipality may require P.I.L. of Page 17 Watson & Associates Economists Ltd. PAGE 1-8 H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx parkland, or a combination of P.I.L. and the conveyance of land if the land conveyance would not provide a land area of suitable size, configuration, or location to meet the Municipality's OP policies or objectives It should be noted that the Planning Act was amended to limit the alternative requirement for P.I.L. of parkland to 1 ha. per 500 dwelling units (s.s.42(6.0.1)). Moreover, s.s.42(6.0.2) states that if a by-law requires P.I.L. of greater than 1 ha. per 500 dwelling units then the by-law is deemed to be amended to be consistent with the Planning Act provisions. As such, the foregoing policies for residential P.I.L. are parkland should be limited to a maximum of 1 ha per 500 dwelling units. The by-law further specifies developments that are exempt from conveyance of parkland and P.I.L. of parkland payments. These include developments: all private structures developed by registered charitable, non-profit and hospital organizations; and, all public facilities and buildings developed by a government agency. Page 18 Watson & Associates Economists Ltd. H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx Chapter 2 Parkland Dedication Assessment Methodology Page 19 Watson & Associates Economists Ltd. PAGE 2-1 H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx 2. Parkland Dedication Assessment Methodology 2.1 Methodology and Current By-Law Assessment The parkland dedication assessment considers the anticipated demands for parkland in the Municipality over the forecast period to 2031 and the ability of the Municipality’s current parkland dedication by-law to supply sufficient parkland to meet these demands. Figure 2-1 illustrates the approach used in this determination and the subsequent sections of this chapter explain each component of the assessment in further detail. Figure 2-1 Parkland Dedication Assessment Methodology 2.1.1 Forecast Parkland Supply The assessment of future parkland conveyance and P.I.L. of parkland is based on the Municipality’s 2020 Development Charges (D.C.) Background Study growth forecast and the application of the current parkland dedication by-law provisions. The D.C. growth forecast maintains the same growth forecast projections to 2031 as the Page 20 Watson & Associates Economists Ltd. PAGE 2-2 H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx Municipality’s POSTDP. The growth forecast has been updated to reflect a 2022 start point and the 2021 residential Census information on population and households. Table 2-1 summarizes the anticipated households, population growth and residential land absorption estimate for the Municipality to 2031. The anticipated development forecasts approximately 12,500 additional households over the period with corresponding net population growth of 31,566 residents. The anticipated mix in forecast dwelling units by type is approximately 60% low density, 23% medium density and 17% high density. Applying average density assumption of 20 units per net ha for low density development, 48 units per net ha for medium density, and 167 units per net ha for high density, would indicate residential land absorption over the period of approximately 448 ha. Table 2-1 Municipality of Clarington Forecast Households, Population and Land Absorption (2022-2031) Correspondingly, Table 2-2 summarizes the non-residential gross floor area growth for the Municipality to 2031 and the corresponding non-residential land absorption estimate. The anticipated development forecasts approximately 4.1 million square feet of additional non-residential gross floor area of non-residential buildings over the period. The anticipated mix in forecast dwelling units by type is approximately 59% industrial development, 23% commercial/population related development and 18% institutional development. Applying average lot coverage of 25% for industrial and 35% for commercial/population related and institutional development, would indicate non- residential land absorption over the period of approximately 133 ha. Population with Undercount Low Density & Other Medium Density High Density Total Units 2021 Census 105,267 29,115 4,035 2,815 35,965 2022 (interpolated)108,774 29,950 4,352 3,047 37,348 2031 140,340 37,463 7,200 5,136 49,799 2022-2031 31,566 7,513 2,849 2,089 12,451 375.7 59.3 12.5 447.5 2022-2031 Net Developable Land Area (ha) Year Dwelling Units Residential Page 21 Watson & Associates Economists Ltd. PAGE 2-3 H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx Table 2-2 Municipality of Clarington Forecast Non-Residential Gross Floor Area and Land Absorption (2022-2031) To determine the amount of parkland conveyance supplied by the forecast development, requirements of the Municipality’s parkland dedication by-law were applied. The standard requirements of 2% of land area for commercial and industrial development were applied to the forecast developable land absorption of 113 ha. The 5% standard requirement for residential and institutional development were applied to the forecast developable land absorption of 467 ha. As summarized in Table 2-3, the standard requirements would produce a total parkland conveyance of 25.6 ha. This parkland yield would be the same for P.I.L. of parkland at the standard requirements. The same process was applied for the alternative requirements, with parkland conveyance calculated at 1 ha per 300 residential dwelling units and P.I.L. of parkland calculated at 1 ha per 500 residential dwelling units. As summarized in Table 2-3, the alternative requirements would produce a total parkland conveyance of 44.8 ha. P.I.L. of parkland at the alternative requirements would yield the equivalent of 28.2 ha of parkland. Table 2-3 Municipality of Clarington Forecast Parkland Conveyance or P.I.L of Parkland (2022-2031) Employment excluding WAH & NFPOW Industrial Commercial/ Population Related Institutional Total Units 2020 21,861 2022 (interpolated)23,144 2031 28,918 2022-2031 5,774 2,381,482 936,818 741,682 4,059,982 88.5 24.9 19.7 133.1 Year Non-Residential Non-Residential GFA (sq.ft.) 2022-2031 Developable Land Area (ha) Low Density Medium Density High Density Industrial Commercial / Population Institutional Standard Requirements (land conveyance & P.I.L.) 18.8 3.0 0.6 1.8 0.5 1.0 25.6 Alternative Requirements (land conveyance) 25.0 9.5 7.0 1.8 0.5 1.0 44.8 Alternative Requirements (P.I.L.) 15.0 5.7 4.2 1.8 0.5 1.0 28.2 Residential Non-Residential Total Parkland (ha) Parkland Dedication Scenarios Page 22 Watson & Associates Economists Ltd. PAGE 2-4 H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx 2.1.2 Forecast Parkland Demand The POSTDP and OP provide the Municipality’s adopted parkland standard of 1.8 ha. per 1,000 population. As noted earlier in this report, this only reflects the Municipality’s standard with respect to active parkland inclusive of District Parks, Community Parks, Neighbourhood Parks and Parkettes, and Hamlet Parks. For the purposes of this study and consistent with the standard only active parkland needs have been considered. Table 2-4 summarizes the Municipality’s forecast parkland by type to 2031. The table identifies the current and forecast inventory of parkland by type based on the Municipality’s 2031 OP population projections and parkland standards. The Municipality has a current parkland inventory of approximately 203 ha which represents a current level of service standard for parkland of 1.87 ha per 1,000 population. By 2031, it is estimated that the Municipality’s inventory would increase to 253 ha of parkland. This would be achieved with a greater investment in District Parks and Community Parks, increasing the current standard of 0.79 ha per 1,000 population to 0.97 ha per 1,000 population, closer to the OP intended target for these park types of 1.0 ha per 1,000 population. The standard achieved for Neighbourhood Parks, Parkettes and Hamlet Parks would be 0.83 ha per 1,000 population, slightly higher than the OP standard of 0.8 ha per 1,000 population. Table 2-4 Municipality of Clarington Parkland Demands based on POSTDP and OP Active Parkland Standard (2022-2031) As the overall standard would be decreasing over the forecast period from 1.87 ha per 1,000 population in 2022 to 1.80 ha per 1,000 population by 2031, there is an incremental need for parkland of 49.41 ha. This investment would equate to an Description District Parks Community Parks Neighbourhood Parks (incl.Parkettes) Hamlet Parks Total Parks 2022 Hectares 33.95 52.20 78.44 38.72 203.31 2022 Population 108,774 Service Standard (ha/1,000 population)0.31 0.48 0.72 0.36 1.87 2031 Forecast Hectares to OP Target 70.51 65.05 78.44 38.72 252.72 2031 Population 140,400 Service Standard (ha/1,000 population)0.50 0.46 0.56 0.28 1.80 Incremental 2031 OP Target to 2022 36.56 12.85 - - 49.41 Incremental 2031-2021 Population 31,626 Service Standard (ha/1,000 population)1.16 0.41 - - 1.56 Page 23 Watson & Associates Economists Ltd. PAGE 2-5 H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx incremental level of service for new development of 1.56 ha per 1,000 population (i.e. 49.41 ha / (31,626 population growth/1,000)). 2.1.3 Assessment of Parkland Dedication The Municipality’s OP policies provide for the application of the standard parkland dedication requirements for commercial development, industrial development, and other non-residential types of development. For residential development, the OP requires that the Municipality impose the higher of the standard requirement of 5% of land area or 1 ha per 300 dwelling units. The OP further provides for the acceptance of P.I.L. of parkland without specifying the requirement that should be applied, but it would be inferred to follow the same policies for parkland dedication, however, with the alternative requirement reflecting the Planning Act threshold of 1 ha per 500 dwelling units. The OP policies differ from the Municipality’s current parkland dedication by-law where the use of the standard requirement or alternative requirement for residential development is discretionary. It should be noted however, that the Municipalities current OP policies in this regard have traditionally been followed. As summarized in Table 2-5, the total parkland that could be conveyed over the forecast period when applying the OP policies and the anticipated development equates to 44.75 ha. This would produce a yield in parkland dedication approximately 4.7 ha less than the Municipality’s planned parkland development to 2031 of 49.41 ha to achieve an overall parkland standard of 1.8 ha per 1,000 population. Moreover, if the Municipality accepted P.I.L. of parkland, as per the OP policy and maximum Planning Act permitted requirements, the equivalent of approximately 28.14 ha would be provided. This is approximately 21.3 ha less than planned to 2031. Page 24 Watson & Associates Economists Ltd. PAGE 2-6 H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx Table 2-5 Municipality of Clarington Parkland Demands based on POSTDP and OP Active Parkland Standard (2022-2031) Based on the foregoing, the Municipality should consider amendments to its current Parkland Dedication By-Law to reflect the policies of the OP. This would include imposing the greater of the standard requirement or alternative requirements for residential development, and the standard requirements for all other development types. Modifying the current by-law rules of applying the alternative requirement on residential development at the Municipality’s discretion, to imposing the greater of the standard requirement or alternative requirement based on the shortfall in parkland yield forecast above. It should be noted however, that the Municipality may wish to consider further refinements to the parkland dedication by-law after the September 18, 2022 by-law expiry deadline. These refinements may include considerations presented in the Policy Review Report contained herein. Based on that report and trends witnessed in other municipalities, further review may be prudent prior to changing the by-law requirements for residential development as noted above. Aspects that could be considered further in a subsequent review may include: 1. Aligning the polices of the parkland dedication by-law with the parkland requirements of the Municipality, i.e. considering further the actual parkland planned for conveyance/acquisition over the forecast period and the equivalent land value. This would provide a clearer forecast of parkland investments over Description District Parks Community Parks Neighbourhood Parks (incl.Parkettes) Hamlet Parks Total Parks 2022 Hectares 33.95 52.20 78.44 38.72 203.31 2022 Population 108,774 Service Standard (ha/1,000 population)0.31 0.48 0.72 0.36 1.87 2031 Forecast Hectares to OP Target 70.51 65.05 78.44 38.72 252.72 2031 Population 140,400 Service Standard (ha/1,000 population)0.50 0.46 0.56 0.28 1.80 Incremental 2031 OP Target to 2022 36.56 12.85 - - 49.41 Incremental 2031-2021 Population 31,626 Service Standard (ha/1,000 population)1.16 0.41 - - 1.56 44.75 28.15 25.63 2022-2031 Parkland Conveyance (residential 1 ha/300 units, non-residential 2% of land area) 2022-2031 C.I.L. Parkland (residential 1 ha/500 units, non-residential 2% of land area) 2022-2031 C.I.L. Parkland (residential 5% of land area, non-residential 2% of land area) Page 25 Watson & Associates Economists Ltd. PAGE 2-7 H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx the forecast period to better assess the policies of the by-law, as opposed to a plan based on a Municipal-wide parkland standard. 2. Consideration of the Municipality’s objectives for intensification and affordability. Aligning the policies of the by-law with other objectives to promote development in intensification areas or increase density may be a further consideration of the Municipality, as witnessed in other municipal by-laws. 3. Having further developed a parkland needs forecast, consideration of requirements imposed relative to the permissions of the Planning Act and the implications by development types, including parkland standard provided on a per capita basis in alignment with Municipality’s OP target, sufficiency for site development where land conveyance is required, value of land conveyed/P.I.L. of parkland per unit type. 4. Further consideration of parkland dedication policies alignment with municipal practice to assess aspects of competitiveness. 2.2 Parkland Dedication Policy Review Findings The scope of this undertaking includes a review of the Municipality’s parkland dedication by-law. This review was informed by a survey of practice in other Ontario municipalities, comparing the provisions of their respective parkland dedication by-laws. At the outset of this assignment, the Municipal project team identified the parkland dedication by-law policies of interest and the municipalities to be included in the survey. The municipalities surveyed in this respect include the Town of Ajax, Town of Caledon, City of Guelph, Town of Halton Hills, City of Mississauga, City of Oshawa, City of Pickering, City of Vaughan, and Town of Whitby. This section summarizes the findings of that review. The complete Policy Review Report is provided in appendix herein. Due to legislative changes outlined above, many municipalities are undertaking reviews on their parkland dedication by-laws and related policies. As a result of these ongoing reviews, some municipal practices presented herein may be adjusted in the future. This survey reflects the current municipal practices and policies in effect at the time of writing. Page 26 Watson & Associates Economists Ltd. PAGE 2-8 H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx This section summarizes the key findings from the survey of practice with respect to: By-law definitions reviewed for clarity and completeness; Application of the dedication requirements for residential, non-residential and mixed use development types; Treatment for Major Transit Station Areas (MTSA); Parkland dedication - additions; Redevelopment credits; and Forms of acceptable parkland - encumbered land. 2.2.1 By-law Definitions There is some general alignment and consistency in the intent of the definitions between the municipal by-laws surveyed. However, there are differences in the breath of definitions relative to the clauses of the by-law. For example, some municipalities provide for different parkland dedication requirements by density, use or location, which require the inclusion of these definitions. Also, there are subtle differences in definitions relative to each municipality that are also reflected in the by-laws. For the administration of a parkland dedication by-law there are some terms that should be clearly defined in a by-law at a minimum. These should include: Development and redevelopment, to determine if the activity triggers the imposition of the parkland dedication requirements; Parks and other recreational purposes, to define the use of P.I.L. funds; Land for development, to clarify land area included in the calculation of the standard requirement; and Dwelling units (and/or types of dwelling units), to clarify the application and calculation of the alternative requirement. The Policy Review Report provides extracts of these definitions to inform amendments to the Municipality’s by-law. One specific area of consideration is in the definition of ‘developable land’. This definition may benefit from an update in consideration with s.12 of the by-law, which states that in determining the area for land conveyance or P.I.L. of parkland that the ‘gross’ land area is used net of open space. Most municipalities appear to define these areas as a ‘parcel’, ‘lot’, and/or ‘block’. Moreover, s.42 of the Planning Act defines the area for which the land conveyance or P.I.L. is determined to Page 27 Watson & Associates Economists Ltd. PAGE 2-9 H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx include the “land proposed for development or redevelopment”. As such the Municipality may consider whether this definition and associated policy are sufficient for the by-laws application. 2.2.2 Parkland Dedication Rates by Development Type The Policy Review Report reviews the parkland dedication requirements by development types in the surveyed municipalities. Most of the municipal by-laws surveyed use both the standard and alternative requirements for parkland conveyance. For residential development types, most municipalities provide for the use of the alternative requirement. Some municipalities provide the use of the standard or alternative requirement at the discretion of the municipality, others require the imposition of the higher of the two requirements. The use of the alternative requirement in the municipalities surveyed vary, with some municipalities imposing less than the maximum alternative requirement based on: Density of development, i.e. lower rates for medium and/or high density; and/or Location of development, i.e. lower rates in intensification areas. These reductions in the requirements are structured in various ways, including reduced rates of conveyance/P.I.L. per dwelling unit, capping the dedication at a percentage of land value, capping the dedication at a dollar value per unit. As noted in the previous section, the Municipality’s current parkland dedication by-law imposes the alternative requirement on residential development at the discretion of the Municipality. The OP however requires the greater of the standard requirement or alternative requirement by applied. Municipal considerations in this regard were provided previously. For non-residential development types, the common practice of the municipalities surveyed is to require conveyance of land at a rate of 2% of the site area for industrial and commercial developments. Some of the municipalities surveyed apply the 2% rate to all non-residential developments, including institutional developments, while others constrain the 2% requirement to the legislated uses only, i.e. imposing the 5% rate for institutional development. The Municipality’s current practice with respect to non- residential development reflects the general practice witnessed in the other surveyed municipalities, with institutional development charged the 5% of land area rate. The Page 28 Watson & Associates Economists Ltd. PAGE 2-10 H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx Municipality may consider the treatment of institutional development similar to some municipalities surveyed, imposing the commercial and industrial rate of 2% of land area. Municipal practice with regard to mixed use developments varies by municipality. The majority of those surveyed employ a proportionate approach, where the respective requirements of the residential and non-residential components of the development are calculated according to the by-laws policies for each. Other limit this approach by exempting the non-residential component if it is below a certain threshold of the total development (e.g. 20% or less of the total gross floor area). This is similar to the approach utilized by the Municipality. Other municipalities use a predominant use approach only imposing the requirements on the largest portion of the development, i.e. either the residential or non-residential component. The Municipality may consider revising it by-law policies for mixed use developments to adopt the proportionate use approach as this reflects the majority of municipal practice surveyed. 2.2.3 Treatment for Major Transit Areas (MTSA) None of the municipalities surveyed include policies with respect to the treatment of development within an MTSA. However, as noted under the residential use application section of this review, a number of municipalities surveyed impose limits on the full alternative requirements for parkland development for high density development. The level of the cap and method employed varies amongst the comparators (e.g. land area, lower parkland standard per unit, fixed dollar amount per unit). Moreover, the Planning Act was amended to limit parkland dedication in transit-oriented community developments to 10% of the land where the land proposed for development is 5 ha or less, and 15% of the land where the land proposed for development is greater than 5 ha. The witness municipal practice with respect to high density development and amendments to the Planning Act for transit-oriented community lands may be instructive to the Municipality in this regard. 2.2.4 Parkland Dedication – Additions All of the parkland dedication by-laws of the surveyed municipalities include similar definitions of develop to that of the Municipality, i.e. the inclusion of additions in the definition. There are also some common trends witnessed in the parkland dedication by-laws of the surveyed municipalities, including: Page 29 Watson & Associates Economists Ltd. PAGE 2-11 H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx Exemptions if the purpose of the permit is for an addition or alternation that does not increase the area of the development or density of development (i.e. number of residential units); Exemptions for additional residential units, which are typically defined as 1 or 2 additional residential dwelling units within or accessory/ancillary to an existing use; and Exemptions for non-residential additions/expansions. The Municipality’s current definition of development is comparable to the other municipalities surveyed and should continue to include additions therein. Moreover, the Municipality’s current exemption for small additions of less than 100 square meters is comparable to those witness in other municipalities. The Municipality should consider clarifying that additions or alternations not resulting in additional development or density of development should not be subject to the conditions of the by-law. The Municipality may wish to consider exemptions for additional residential units within or accessory/ ancillary to existing developments, as these would appear to be common inclusions in the other surveyed municipalities and appear to align with the Development Charges Act. 2.2.5 Redevelopment Credits The majority of municipalities surveyed use the same practice as the Municipality in respect of redevelopment credits, that is the by-law only requires incremental parkland dedication where the amount was not fully secured as a condition section 51.1 or 53 of the Planning Act. The policies of the by-law could benefit from more clearly articulating how the parkland dedication requirements would be imposed in situation where there is incremental development. Other municipal by-laws are instructive in this regard. 2.2.6 Forms of Acceptable Parkland – Encumbered Lands Most of the municipalities surveyed outline the forms of acceptable land as parkland dedication within their by-laws. More specifically, most municipalities include clauses regarding the acceptance of encumbered land and allowing for municipal discretion in this regard. Other trends witnessed in municipal parkland dedication by-laws is the acceptance of, or granting parkland dedication credits for, privately owned publicly accessible (POPs) lands, strata parks, stormwater or other environmental lands. These Page 30 Watson & Associates Economists Ltd. PAGE 2-12 H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx however should be considered by the Municipality in alignment with its OP policies and suitability relative to its intended level of service. Page 31 Watson & Associates Economists Ltd. H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx Chapter 3 Conclusions Page 32 Watson & Associates Economists Ltd. PAGE 3-1 H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx 3. Conclusions The Municipality’s parkland dedication by-law is set to expire on September 18, 2022 as per the recent amendments to the Planning Act. As such, this report was undertaken to consider recommended revisions to the Municipality’s current parkland dedication by- law in light of the expiry. Watson was retained to assist in the preparation of the new bylaw, undertaking a Policy Review Report consisting of a comparative review of municipal parkland dedication by- laws and municipal practice witnessed in current updates for a select number of issues identified by Municipal staff. In addition, Watson undertook an assessment of the Municipality’s forecast needs for parkland and the ability of the current parkland dedication by-law to satisfy these requirements based on the forecast development. On the basis of this review, it is concluded that the Municipality should consider amendments to its current Parkland Dedication By-Law to reflect the policies of the OP. This would include imposing the greater of the standard requirement or alternative requirements for residential development, and the standard requirements for all other development types. This would modify the current by-law rules of applying the alternative requirement on residential development at the discretion of the Municipality. This recommendation is based on the shortfall in parkland yield forecast in Chapter 2, noting that the Municipality may wish to consider further refinements to the parkland dedication by-law after the September 18, 2022 by-law expiry deadline. This report also recommends other improvements to the Municipality’s Parkland Dedication By-law based on the Policy Review Report and survey of municipal practice. These recommendations are provided in report in appendix. Page 33 Watson & Associates Economists Ltd. H:\Clarington\2022 PLD\Report\Clarington Parkland Background Report - Final.docx Appendix Policy Review Report Page 34 Watson & Associates Economists Ltd. 905-272-3600 August 31, 2022 info@watsonecon.ca Parkland Dedication Policy Review Municipality of Clarington ________________________ Page 35 Watson & Associates Economists Ltd. H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx Table of Contents Page 1. Introduction ...................................................................................................... 1-1 2. By-law Definitions ........................................................................................... 2-1 2.1 Municipality of Clarington Current Practice ............................................. 2-1 2.2 Practice in Other Municipalities ............................................................... 2-1 2.3 Parkland Dedication By-Law Considerations .......................................... 2-2 3. Residential Rate Application .......................................................................... 3-1 3.1 Municipality of Clarington Current Practice ............................................. 3-1 3.2 Practice in Other Municipalities ............................................................... 3-2 3.3 Parkland Dedication By-Law Considerations .......................................... 3-4 4. Non-Residential Rate Application .................................................................. 4-1 4.1 Municipality of Clarington Current Practice ............................................. 4-1 4.2 Practice in Other Municipalities ............................................................... 4-1 4.3 Parkland Dedication By-Law Considerations .......................................... 4-2 5. Mixed-Use Rate Application ........................................................................... 5-1 5.1 Municipality of Clarington Current Practice ............................................. 5-1 5.2 Practice in Other Municipalities ............................................................... 5-1 5.3 Parkland Dedication By-Law Considerations .......................................... 5-2 6. Treatment for Major Transit Station Areas (MTSA) ...................................... 6-1 6.1 Municipality of Clarington Current Practice ............................................. 6-1 6.2 Practice in Other Municipalities ............................................................... 6-1 6.3 Parkland Dedication By-Law Considerations .......................................... 6-2 7. Parkland Dedication - Additions .................................................................... 7-1 7.1 Municipality of Clarington Current Practice ............................................. 7-1 7.2 Practice in Other Municipalities ............................................................... 7-1 7.3 Parkland Dedication By-Law Considerations .......................................... 7-2 8. Redevelopment Credits .................................................................................. 8-1 Page 36 Table of Contents (Cont’d) Page Watson & Associates Economists Ltd. H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx 8.1 Municipality of Clarington Current Practice ............................................. 8-1 8.2 Practice in Other Municipalities ............................................................... 8-1 8.3 Parkland Dedication By-Law Considerations .......................................... 8-2 9. Forms of Acceptable Parkland – Encumbered Land .................................... 9-1 9.1 Municipality of Clarington Current Practice ............................................. 9-1 9.2 Practice in Other Municipalities ............................................................... 9-1 9.3 Parkland Dedication By-Law Considerations .......................................... 9-2 Page 37 Watson & Associates Economists Ltd. H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx Chapter 1 Introduction Page 38 Watson & Associates Economists Ltd. PAGE 1-1 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx 1. Introduction Section 42 of the Planning Act directs municipalities with respect to the conveyance of land for parks or other public recreational purposes. Section 51.1 of the Act provides similar provisions with respect to parkland imposed as a condition of approval for a plan of subdivision. Section 42 allows a municipality, by by-law, to require as a condition of development or redevelopment the conveyance of land for parks or other recreational purposes. The land conveyed may not exceed the standard requirements of 2% of land proposed for development for commercial and industrial purposes, or 5% of land proposed for development for all other purposes (e.g. residential). A municipality may also elect to impose the alternative requirement permitted under the Planning Act for residential purposes, by imposing a maximum rate of up to 1 hectare (ha) per 300 dwelling units. A municipality may also require a payment-in-lieu (P.I.L.) of parkland, equal to value of the land under the standard requirements set out in s.s. 42(1), or at the alternative requirement of 1 ha per 500 dwelling units for residential development. To impose the alternative requirement (i.e. land conveyance at 1 ha per 300 dwelling units, or P.I.L. of parkland at 1 ha per 500 dwelling units) the following conditions are required: Pass a by-law (s.s. 42(3)) o Before passing a by-law imposing the alternative requirement, the municipality shall consult with such persons and public bodies as the municipality considers appropriate; o Passing a new by-law, or amending an existing by-law, a municipality shall give notice of by-law passage, as prescribed, within 20 days, setting out the last day for appealing the by-law that is 40 days after the day the by-law is passed; and o The by-law may be appealed to the Ontario Land Tribunal (OLT) by any person or public body. Official Plan Policies (s.s. 42(4)) o The alternative requirement may not be provided for in a by-law unless the municipality’s Official Plan contains specific policies dealing with the provision of lands for park or other public recreational purposes and the use of the alternative requirement; Page 39 Watson & Associates Economists Ltd. PAGE 1-2 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx o Before adopting the Official Plan policies, the municipality must prepare a Parks Plan that examines the need for parkland in the municipality and make it available to the public; and o In preparing the Parks Plan, the municipality, shall consult with every school board that has jurisdiction in the municipality; and may consult with any other persons or public bodies that the municipality considers appropriate. Parkland dedication by-laws that were in effect on or before September 18, 2020 (i.e. the date the COVID-19 Economic Recovery Act was proclaimed) and that provide for the imposition of the alternative requirement, expire on September 18, 2022. A municipality is required to pass a new by-law prior to September 18, 2022 to continue to receive parkland dedication and/or P.I.L. of parkland. The Municipality of Clarington (Municipality) By-laws 95-104 and 97-68 impose the alternative requirement on residential development where it provides land conveyance in excess of the standard requirements. As such, the Municipality’s parkland dedication by-law will expire on September 18, 2022. The Municipality of Clarington intends to adopt a new by-law by September 18, 2022 in order to continue receiving parkland dedication and P.I.L. of parkland. The Municipality retained Watson & Associates Economists Ltd. (Watson) to review policies of its parkland dedication by-law. As part of this review, the Municipality required a comparison of municipal parkland dedication policies in other select Ontario municipalities to inform its practice. The municipalities surveyed in this respect include the Town of Ajax, Town of Caledon, City of Guelph, Town of Halton Hills, City of Mississauga, City of Oshawa, City of Pickering, City of Vaughan, and Town of Whitby. Due to legislative changes outlined above, many municipalities are undertaking reviews on their parkland dedication by-laws and related policies. As a result of these ongoing reviews, some municipal practices presented herein may be adjusted in the future. This survey reflects the current municipal practices and policies in effect at the time of writing. The document summarizes the municipal survey of policies identified by the Municipal project team at the outset of the assignment. The following chapters of this policy review document summarize the Municipality’s by-law provisions with respect to these matters, the municipal practice for those surveyed, and considerations for the Page 40 Watson & Associates Economists Ltd. PAGE 1-3 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx Municipality’s new parkland dedication by-law. The policy areas included are as follows: By-law definitions reviewed for clarity and completeness; Application of the dedication requirements for residential, non-residential and mixed use development types; Treatment for Major Transit Station Areas (MTSA); Parkland dedication - additions; Redevelopment credits; and Forms of acceptable parkland - encumbered land. Page 41 Watson & Associates Economists Ltd. H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx Chapter 2 By-law Definitions Page 42 Watson & Associates Economists Ltd. PAGE 2-1 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx 2. By-law Definitions 2.1 Municipality of Clarington Current Practice The Municipality’s parkland dedication by-law includes the following definitions for the purpose of interpretation: Consent Developable Land Development Municipality Park Purposes Plan of subdivision Site Plan The Planning Act, R. S.O. 1990 Redevelopment Regulatory Shoreline Valleylands Wetlands 2.2 Practice in Other Municipalities There is some general alignment and consistency in the intent of the definitions between the municipal by-laws surveyed. However, there are differences in the breath of definitions relative to the clauses of the by-law. For example, some municipalities provide for different parkland dedication requirements by density, use or location, which require the inclusion of these definitions. Also, there are subtle differences in definitions relative to each municipality that are also reflected in the by-laws. For the administration of a parkland dedication by-law there are some terms that should be clearly defined in a by-law at a minimum. These should include: Development and redevelopment, to determine if the activity triggers the imposition of the parkland dedication requirements; Parks and other recreational purposes, to define the use of P.I.L. funds; Page 43 Watson & Associates Economists Ltd. PAGE 2-2 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx Land for development, to clarify land area included in the calculation of the standard requirement; and Dwelling units (and/or types of dwelling units), to clarify the application and calculation of the alternative requirement. To assist in the consideration of the drafting of the Municipality’s parkland dedication by- law we have provided a summary of these terms and their definitions for comparison. 2.3 Parkland Dedication By-Law Considerations The comparison table is provided for the Municipality to consider potential revisions to definitions in the by-law. One specific area of consideration is in the definition of ‘developable land’. This definition may benefit from an update in consideration with s.12 of the by-law, which states that in determining the area for land conveyance or P.I.L. of parkland that the ‘gross’ land area is used net of open space. Most municipalities appear to define these as a ‘parcel’, ‘lot’, and/or ‘block’. Moreover, s.42 of the Planning Act defines the area for which the land conveyance or P.I.L. is determined to include the “land proposed for development or redevelopment”. As such the Municipality may consider whether this definition and associated policy are sufficient for the by-laws application. Page 44 Watson & Associates Economists Ltd. PAGE 2-1 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx Municipality Caledon Clarington Oshawa Guelph Halton Hills Development -“Develop” means: i. the construction, erection or placing of one or more buildings on land ii. the making of an addition or alteration to a building that has the effect of substantially increasing the size by increasing the Gross Floor Area of the building by fifty-percent (50%) or more, or by substantially increasing the usability thereof iii. the addition of one or more new Dwelling Unit(s) iv. the laying out and establishment of a commercial parking lot v. “Developed”, “Development”, “Redevelop”, “Redeveloped” and “Redevelopment” have their corresponding meanings; -"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; -“Development” means the construction, erection or placing of one (1) 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 usability of the building or structure. -“Develop” means: i. the construction, erection or placing of one or more buildings on Land ii. the making of an addition or alteration to a building that has the effect of substantially increasing the size or usability thereof by increasing the Gross Floor Area of the building by fifty-percent (50%) or more iii. the addition of one or more new Dwelling Unit(s) iv. Conversion to a Different Use. v. “Development”, “Redevelop” and “Redevelopment” have their corresponding meanings; -“Development” shall mean: (i) The construction, erection of placing of one or more buildings or structures on land; or (ii) The making of an addition or alternation to a building or structure, that has the effect of increasing the size or usability thereof; or (iii) The laying out and establishment of a commercial parking lot, as defined in the Comprehensive Zoning By-law; or (iv) The laying out and establishment of sites for the location of three or more trailers as defined in s. 164(4) of the Municipal Act, 2001, or (v) The laying out and establishment of sites for the location of three or more mobile homes, as defined in s. 46(1) of the Planning Act; or (vi) The laying out and establishment of a site for outdoor storage use, as defined in the Comprehensive Zoning By- law. Redevelopment -"Redevelopment" shall have the same meaning as Development; -"Redevelopment" means the removal of one (1) or more buildings or structures from land and the development of the land or the development of land by the alteration of an existing building or structure on the land. Parks purposes (or similar) -“Parkland” means land for parks and other public recreational purposes; -"Park Purposes" shall refer to the use of land for public park or other public recreational purposes; -"Park Purposes" means the use of land for a public park or other public recreational purpose. -“Parkland” includes land for parks and other public recreational purposes as described in the Official Plan; Developable Land, Land (or similar) -“Land” means, for the purposes of this By-law, the lesser of the area defined as: i. The whole of a parcel of property or parcels of property associated with the Development or Redevelopment; or ii. The whole of a lot or lots or a block or blocks on a registered plan of subdivision or a unit or units within a vacant land condominium that is associated with the Development or Redevelopment. iii. For Industrial or Commercial Redevelopment, the portion of property where the Development or Redevelopment is occurring. -"Developable Land" shall refer to an area containing table land suitable for development; -“Land” (or “Lot”) means, for the purposes of this By- law, the lesser of the area defined as: i. The whole of a parcel of property associated with the Development or Redevelopment and any abutting properties in which a person holds the fee or equity of redemption in, power or right to grant, assign or exercise a power of appointment in respect of, or; ii. The whole of a lot or a block on a registered plan of subdivision or a unit within a vacant land condominium that is associated with the Development or Redevelopment; iii. For industrial or commercial development and redevelopment, the portion of property that is impacted by the proposed development. But not including any hazard lands, natural heritage features, or ecological buffers identified in the City’s Official Plan, an approved Secondary Plan, or through an environmental impact study accepted by the City. -“Buildable Area” shall mean the net area of a site which is available for building once all applicable setbacks have been applied in accordance with the Comprehensive Zoning By-law Dwelling unit -“Dwelling unit” means any property that is used or designed for use as a domestic establishment in which one or more persons may sleep and prepare and serve meals; -“Dwelling Unit” means a room or series of rooms containing toilet and culinary facilities designed for Residential use as a single housekeeping unit. -“Dwelling Unit” means a suite operated as a housekeeping unit, used or intended to be used by one or more persons and usually containing cooking, eating, living, sleeping and sanitary facilities Page 45 Watson & Associates Economists Ltd. PAGE 2-2 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx Municipality Mississauga Whitby Pickering Vaughan Development -"Development" means the construction, erection or placing of one or more Buildings on land, or the making of an addition or alteration to a Building that has the effect of substantially increasing or the Building Code Act; -“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 or of sites for the location of three or more trailers as defined in subsection 164(4) of the Municipal Act, or of sites for the location of three or more mobile homes as defined in subsection 46(1) of the Planning Act or of sites for the construction, erection or location of three or more land lease community homes as defined in subsection 46(1) of the Planning Act; -“Development” means the construction, erection or placing or 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; -“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. Redevelopment -"Redevelopment" means the removal of a Building or structure from the land, the further Development of the land, or the substantial renovation of a Building or structure and a change in the use or density of the use in connection therewith, for which approval is required from the City under the Planning Act or the Building Code Act; -“redevelopment” means the construction, erection, or placing of one or more buildings or structures on land where all or part of a building or structure has previously been demolished on such land, or changing the use of a building or structure from a non- residential use to a residential use, or the expansion, extension or alteration of a building or structure, except interior alterations to an existing building or structure which do not change or intensify the use of the land; -"Redevelopment” has the same meaning of Development; -“redevelopment” means construction, erection or placing of one or more buildings or structures on land where all or part of a building or structure has previously been demolished on such land or changing the use from a residential to non-residential use or from a non- residential to residential use or from one form of residential use to another form of residential use. Parks purposes (or similar) Developable Land, Land (or similar) -"Gross Land Area" means the total area of all lands that are subject of a Development or Redevelopment application; -"Net Land Area" means the Gross Land Area minus the land area being conveyed to the City of Mississauga at no cost, prior to the calculation of the parkland dedication requirement; Dwelling unit -"Dwelling Unit" means one or more habitable rooms designed, occupied or intended to be occupied as living quarters as a self-contained unit and shall, as a minimum contain sanitary facilities, accommodation for sleeping and one kitchen, but not more than one kitchen; -“dwelling unit” means any property that is used or designed for use as a domestic establishment in which one or more persons may sleep and prepare and serve meals; -“residential unit” means one or more habitable rooms designed, occupied, or intended to be occupied as living quarters as a self-contained unit and shall, at a minimum, contain sanitary facilities, accommodation for sleeping and a kitchen. Page 46 Watson & Associates Economists Ltd. H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx Chapter 3 Residential Rate Application Page 47 Watson & Associates Economists Ltd. PAGE 3-1 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx 3. Residential Rate Application 3.1 Municipality of Clarington Current Practice Sections 3 and 4 of the Municipality’s parkland dedication by-law provides rules with respect to the rates applied for residential development for the conveyance of parkland. These sections provide the following: “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.” For residential developments, the Municipality currently requires parkland to be conveyed in an amount not exceeding five percent (5%) of the developable land. As an alternative, the Municipality can also require the conveyance of land at a rate of up to 1 ha per 300 dwelling units where these rates would yield a conveyance greater than five percent of the land for development. Where the alternative requirement is imposed, the Municipality may waive the land requirement in favor or P.I.L of parkland (i.e. Municipality refers to as ‘cash-in-lieu’) where the land conveyance would constitute more than 10% of the total land area of the site proposed for development. P.I.L. of parkland contributions are imposed in accordance with the value of land equivalent for parkland conveyance in Sections 3 and 4. Section 6 sets out the valuation date for calculating P.I.L. of parkland. Page 48 Watson & Associates Economists Ltd. PAGE 3-2 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx 3.2 Practice in Other Municipalities The majority of municipalities surveyed provide for the use of both the standard and alternative requirements of parkland dedication for residential development. Similar to the Municipality these by-laws provide rules for when the standard requirement or alternative requirement is imposed. Survey of practice generally falls into two categories: 1. Municipalities that impose the greater of standard or alternative requirement (some with limitations to the maximum requirement). The following municipalities utilize this approach, Town of Ajax, Town of Caledon, City of Guelph, City of Mississauga, City of Pickering, and Town of Whitby. 2. Municipalities that provide for the alternative requirement to be imposed at its discretion. The following municipalities utilize this approach, City of Oshawa and City of Vaughan. Parkland Conveyance Some of municipalities surveyed impose these conditions based on characteristics of development. The use of the standard or alternative requirement is generally based on either the density of the development or the location of the development. Regarding the City of Pickering, as an alternative to the 5% of the total area of the residential lands to be developed, the City may require that land be conveyed to the City at a rate of one hectare for each 300 dwelling units proposed if the development is in the High-Density Residential Areas and Mixed Use Areas. The City of Guelph and Town of Whitby impose parkland dedication requirements based, in part, on the location and density of the development. o The Town of Whitby differentiates the application of the parkland dedication requirements for land within or outside of the Historic Downtown Priority Area, and whether the development is low and medium density or high density residential. For example, low and medium density development outside of the Historic Downtown Priority Area is charged the greater of 5% or 1 ha per 312 units. High density development outside the Historic Downtown Priority Area charged 1 ha per 500 units with a cap of 35% of land area. Page 49 Watson & Associates Economists Ltd. PAGE 3-3 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx o The City of Guelph differentiates the application of the parkland dedication requirement if land is located within or outside of the Downtown, and whether the total proposed density is less or greater than 100 dwelling units per ha. For example, residential development in the Downtown is charged 1 ha per 500 units capped at 20% of land area. Outside of the Downtown, with density less than 100 units per ha., the greater of 5% of land area or 1 ha per 500 unit is charged. Outside of the Downtown with density greater than 100 units per ha, the greater of 5% of land area or the rate of 1 ha per 300 dwelling units is charged with a cap of 30% of land area. The Town of Halton Hills and the City of Mississauga differentiate the parkland dedication requirements based on density of the development. The Town of Halton Hills differentiates the application of the parkland dedication requirement if development is within a Low-Density Residential Area designation (5% of land area proposed for development or redevelopment) or if the development is within all other Urban Living Area designations (1 hectare per 300 dwelling units). The City of Mississauga differentiates the application of the parkland dedication requirement if the development is for Low Density development (1 ha per 300 dwelling units) or Medium and High Density (1 ha per 500 dwelling units). P.I.L of Parkland The majority of municipalities surveyed impose the same conditions for P.I.L. of parkland as for land conveyance, with those using the alternative requirement reflecting the maximum rate of 1 ha for 500 dwelling units provided under the Planning Act. This practice is reflected in the by-law for the Town of Caledon, City of Guelph, City of Oshawa, City of Pickering and Town of Whitby. Of the other surveyed municipalities: The Town of Ajax imposes a P.I.L. of parkland based on land values established in its by-law. These include residential rates per foot of lot frontage for low and medium density developments and appraised values for high density residential. The Town also deducts development charge payments from the calculated P.I.L. charges. Page 50 Watson & Associates Economists Ltd. PAGE 3-4 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx The Town of Halton Hills, City of Mississauga and City of Vaughan all impose P.I.L. provisions capping contributions to the lesser of the alternative requirement or a set dollar value per unit. o The Town of Halton Hills imposes a cap of 20% of land area or $13,500 per unit. o The City of Mississauga imposes a cap of $15,493 per unit or the alternative requirement, whichever is less. The City will be phasing its per unit rate to $33,046 per unit by 2027, with annual indexing thereafter. o The City of Vaughan imposes a cap of $11,300 per unit for multiple unit buildings or the alternative requirement, whichever is less. The City will be phasing its per unit rate to $27,944 per unit by 2025, with annual indexing thereafter. 3.3 Parkland Dedication By-Law Considerations The Municipality should assess its needs for parkland and other recreational purposed under the Planning Act and whether the maximum standard or alternative parkland dedication requirements are warranted. If this assessment determines that the maximum parkland dedication, in terms of land conveyance or P.I.L., are not required then consideration should be given to imposing limits. As witnessed in the other municipalities surveyed this can be in the form or reduced land conveyance by imposing a lower alternative requirement rate for: all residential dwelling types; differentiating these rates by dwelling unit type based on density; differentiating these rates based on location of development or land use designation; imposing caps for certain types or locations of development by share of developable land area; or imposing a fixed dollar amount per unit. Page 51 Watson & Associates Economists Ltd. H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx Chapter 4 Non-Residential Rate Application Page 52 Watson & Associates Economists Ltd. PAGE 4-1 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx 4. Non-Residential Rate Application 4.1 Municipality of Clarington Current Practice The Municipality’s parkland dedication by-law currently requires land to be conveyed to the Municipality in an amount not exceeding 2% of the developable land for commercial or industrial development purposes. Furthermore, the Municipality requires land at a rate of 5% be conveyed for residential purposes and all other purposes not developed for commercial or industrial purposes. As such, land developed for institutional purposes would be required to convey lands at the 5% rate. 4.2 Practice in Other Municipalities As previously mentioned, the Planning Act sets the maximum dedication rate at 2% of the land area for industrial and commercial development, and 5% for all other non- residential developments. Similar to the Municipality, the common practice of the municipalities surveyed is to require conveyance of land at a rate of 2% of the site area for industrial and commercial developments. Some of the municipalities surveyed apply the 2% rate to all non-residential developments, including institutional developments, while others constrain the 2% requirement to the legislated uses only, i.e. imposing the 5% rate for institutional development. The following summarizes the treatment of institutional development with the by-laws surveyed, subject to any exemptions. 1. Town of Ajax, Town of Caledon and City of Mississauga impose the 2% of land area requirement on institutional developments. 2. City of Guelph, Town of Halton Hills, City of Oshawa, City of Pickering, City of Vaughan, and Town of Whitby impose 5% of land area requirement on institutional developments. P.I.L. requirements for non-residential development follow the parkland conveyance requirements for all surveyed municipalities, with the exemption of Ajax. The Town of Ajax calculates the P.I.L for non-residential development based on established values per hectare for non-residential uses as set out in their by-law. Page 53 Watson & Associates Economists Ltd. PAGE 4-2 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx 4.3 Parkland Dedication By-Law Considerations The Municipality’s current practice with respect to non-residential development reflects the general practice witnessed in the other surveyed municipalities, with institutional development charged the 5% of land area rate. The Municipality may consider the treatment of institutional development similar to some municipalities surveyed, imposing the commercial and industrial rate of 2% of land area. Page 54 Watson & Associates Economists Ltd. H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx Chapter 5 Mixed-Use Rate Application Page 55 Watson & Associates Economists Ltd. PAGE 5-1 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx 5. Mixed-Use Rate Application 5.1 Municipality of Clarington Current Practice Subsection 4(a) of the Municipality’s parkland dedication by-law provides the “where development proposals contain residential and commercial components, the parkland dedication shall only be applied to the residential component.” This is interpreted to mean that where there is a mixed-use development, that only the residential parkland conveyance or P.I.L. of parkland will be charged. 5.2 Practice in Other Municipalities The practice used to calculate the conveyance of land or P.I.L. of parkland required for mixed use developments varies between municipalities. Survey of practice generally falls into two categories: 1. Municipalities that calculate the charge based on proportionate use. These municipalities apply the residential and non-residential provisions of the by-law to the respective area of development, or the proportionate gross floor area of the mixed used development. Some municipal by-law specifically provide for this applications, others are inferred from the absence of specific rules for mixed use developments. The following municipalities utilize this approach, Town of Ajax, Town of Halton Hills, City of Oshawa, City of Pickering and Town of Whitby. 2. Municipalities utilize the proportionate approach if the non-residential share of the gross floor area of the proposed development is greater than 20%. Where the non-residential share of the gross floor area is less than or equal to 20% no parkland dedication is required for the non-residential development. This approach is utilized by the City of Mississauga and City of Vaughan. 3. Municipalities that calculate the parkland dedication requirements for the mixed use development and impose the requirements for the use that produces the greatest total parkland conveyance or P.I.L. of parkland. This can be considered as a ‘predominate use’ approach, as compared with the ‘proportionate use’ approach noted above. The Town of Caledon and City of Guelph utilize this approach. Page 56 Watson & Associates Economists Ltd. PAGE 5-2 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx 5.3 Parkland Dedication By-Law Considerations The Municipality’s current practice with respect to mixed-use development is similar to the predominate use approach used in the Town of Caledon and Guelph, where only the residential development component of the parkland dedication is assessed. The majority of municipalities surveyed employ a proportionate use approach, where the parkland dedication is provided for the development based on the proportionate share of residential and non-residential development and the application of the parkland dedication requirements of each. The Municipality may consider revising it by-law policies for mixed use developments to adopt the proportionate use approach. Page 57 Watson & Associates Economists Ltd. H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx Chapter 6 Treatment for Major Transit Station Areas Page 58 Watson & Associates Economists Ltd. PAGE 6-1 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx 6. Treatment for Major Transit Station Areas (MTSA) 6.1 Municipality of Clarington Current Practice The Municipality of Clarington does not address the Treatment for Major Transit Station Areas (MTSA) specifically within its current parkland dedication by-law. Furthermore, the Municipality does not differentiate the parkland dedication requirements by residential density development or location of development. 6.2 Practice in Other Municipalities None of the municipalities surveyed include policies with respect to the treatment of development within an MTSA. However, as noted under the residential use application section of this review, a number of municipalities surveyed impose limits on the full alternative requirements for parkland development for high density development. The level of the cap and method employed varies amongst the comparators (e.g. land area, lower parkland standard per unit, fixed dollar amount per unit). Excerpts from municipal by-law in this respect are provided below: The City of Guelph imposes a 20% cap of the total area of the land when the alternative requirement of 1 ha per 500 dwelling units is applied, and where the land is located within the Downtown and is to be developed or redeveloped for residential purposes. Furthermore, a 30% cap of the total area of the land is imposed when the alternative requirement of 1 ha per 300 dwelling units is applied, and where the land is located outside of Downtown is to be developed or redeveloped for residential purposes with a total proposed density equal to or greater than 100 dwelling units per ha. The Town of Whitby calculates parkland dedication (land conveyance or P.I.L. of parkland) at 35% of the land area proposed for development or redevelopment, or 1 hectare per 500 dwelling units, whichever is less, where high-density development is proposed in an area outside the Historic Downtown Priority Area. High density development within the Historic Downtown Priority Area is subject to parkland dedication at 5% of land area. Page 59 Watson & Associates Economists Ltd. PAGE 6-2 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx T he City of Mississauga imposes a lower parkland conveyance rate of 1 ha per 500 dwelling unit for medium and high density development, as compared to 1 ha per 300 dwelling units for low density. The City of Vaughan imposes a P.I.L. of parkland cap per unit on a dollar value basis for multiple unit buildings (i.e. $11,300/unit). 6.3 Parkland Dedication By-Law Considerations The Municipality’s current by-law and those surveyed do not include policies specifically for an MTSA. Specific policies for high density residential development are witnessed in the surveyed municipalities and may be considered for an MTSA, as high density would be assumed to be the predominate development type in these areas. Moreover, the More Homes for Everyone Act, amended the s.42 of the Planning Act with respect to parkland requirements on lands designated as transit-oriented community land under the Transit-Oriented Communities Act. In this regard, s.s. 42(3.2) through 42(3.4) were added to the Planning Act whereby a by-law that provides for the alternative requirement shall not require a conveyance or CIL of parkland greater than 10% of the land where the land proposed for development is 5 ha or less; and 15% of the land where the land proposed for development is greater than 5 ha. Subsection 2(1) of the Transit-Oriented Communities Act currently defines transit-oriented community land as land, in the opinion of the Lieutenant Governor in Council, that is or may be required to support a transit-oriented community project. Moreover, the Minister shall publish notice of each designation made on a Government of Ontario website. At the time of writing this report no lands within the Municipality Clarington are designated as transit-oriented community land. The witness municipal practice with respect to high density development and amendments to the Planning Act for transit-oriented community lands may be instructive to the Municipality in this regard. Page 60 Watson & Associates Economists Ltd. H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx Chapter 7 Parkland Dedication - Additions Page 61 Watson & Associates Economists Ltd. PAGE 7-1 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx 7. Parkland Dedication - Additions 7.1 Municipality of Clarington Current Practice The scope of the policy review includes the treatment of additions. The Municipality’s parkland dedication by-law provides a definition of “development”. The definition is as follows: “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”. On the basis of this definition, an addition is development for which parkland dedication requirements would be imposed. It should be noted however, that s.11 of the parkland dedication by-law exempts parkland conveyance for development or redevelopment where the additions or expansions to existing uses represent a gross floor area less than 100 square meters. 7.2 Practice in Other Municipalities All of the parkland dedication by-law of the surveyed municipalities include similar definitions of develop to that of the Municipality, i.e. the inclusion of additions in the definition. There are also some common trends witnessed in the parkland dedication by-laws of the surveyed municipalities, including: By-laws would not provide for the requirement of parkland dedication if the purpose of the permit is for an addition or alteration that does not increase the area of the development or density of development (i.e. number of residential units); A number of municipalities provide exemptions for additional residential units, which are typically defined as 1 or 2 additional residential dwelling units within or accessory/ancillary to an existing use. The policies differ by the municipalities by the number of permitted additional residential units exempt, limiting the additional residential units to the gross floor area of the existing building, providing different exemptions based on the existing residential dwelling unit type. For example, o Town of Caledon and City of Guelph provide for the exemption of 1 additional residential dwelling unit, with conditions, such as, being permitted under the Official Plan, self contained, and subordinate to the principal use. Page 62 Watson & Associates Economists Ltd. PAGE 7-2 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx o City of Mississauga, City of Oshawa and City of Vaughan provide for greater number of additional residential units to be exempt. Mississauga permits up to 2 units within or ancillary to an existing building, as long as the gross floor area does not exceed the existing. Oshawa provides exemptions consistent with the Development Charges Act (prior to recent amendments) of up to 2 units for an existing single detached unit and 1 unit for all other residential building types. Vaughan provides for the exemption of up to 5 additional residential units from parkland dedication requirements. o Other municipalities, such as the Town of Halton Hills, City of Pickering and Town of Whitby do not provide express exemptions for additional residential dwelling units created. A number of the municipalities surveyed also provide exemptions for non- residential additions/expansions. o Town of Caledon defines development to include “the making of an addition or alteration to a building that has the effect of substantially increasing the size by increasing the Gross Floor Area of the building by fifty-percent (50%) or more, or by substantially increasing the usability thereof”. This would imply smaller expansion would not be subject to parkland dedication conditions of the by-law. o Town of Halton Hills does not apply the parkland dedication requirements to expansions to industrial or commercial buildings which expand equal to or less than 25% of the site’s buildable area. Similarly, the City of Oshawa provides an exemption for industrial expansion of up to 50% of the existing gross floor area of the building (similar to the Development Charges Act). o Town of Ajax does not impose parkland dedication on non-residential additions or expansions. o Similar to the Municipality, the City of Mississauga and City of Oshawa provides an exemption for small developments of less than 200 square metres and 5,000 square feet respectively. 7.3 Parkland Dedication By-Law Considerations The Municipality’s current definition of development is comparable to the other municipalities surveyed and should continue to include additions therein. Moreover, the Municipality’s current exemption for small additions of less than 100 square meters is Page 63 Watson & Associates Economists Ltd. PAGE 7-3 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx comparable to those witness in other municipalities (e.g. Mississauga and Oshawa). However, in comparison to the by-laws of the surveyed municipalities, the Municipality should consider clarifying that additions or alternations not resulting in additional development or density of development should not be subject to the conditions of the by-law. Moreover, the Municipality may wish to consider exemptions for additional residential units within or accessory/ancillary to existing developments, as these would appear to be common inclusions in the other surveyed municipalities. The intent of its inclusion would appear to align with the Development Charges Act and an incentive to increase density and affordable housing within existing developed areas. Page 64 Watson & Associates Economists Ltd. H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx Chapter 8 Redevelopment Credits Page 65 Watson & Associates Economists Ltd. PAGE 8-1 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx 8. Redevelopment Credits 8.1 Municipality of Clarington Current Practice The Municipality of Clarington does not explicitly address redevelopment credits within its parkland dedication by-law. However, s. 8 of the by-law requires that if parkland dedication (land conveyance or P.I.L. of parkland) has already been or will be provided as a condition imposed under s.51.1 or s.53 of the Planning Act, that no additional conveyance or payment is required unless: t here is a change in the proposed development or redevelopment that would increase the density of development; or l and originally proposed for development or redevelopment for commercial or industrial purposes is now proposed for development or redevelopment for other purposes. 8.2 Practice in Other Municipalities The majority of municipalities surveyed use the same practice as the Municipality with respect to redevelopment credits. That is, the by-laws surveyed provide only for the application of the by-law on the incremental development that would provide parkland dedication not provided as a condition section 51.1 or 53 of the Planning Act. Further in its application, there are a number of by-laws that more clearly articulate the parkland requirements when incremental development occurs. Some examples are provided as follows: Furthermore, some municipalities provide more details regarding development credits. City of Oshawa addresses the amount of land to be conveyed or the amount of cash-in-lieu to be paid with the following formulas: o For residential redevelopments: Value of land to be conveyed = A - (B X .05) = C Where: A = the value of the previous conveyance B = the value of the land Page 66 Watson & Associates Economists Ltd. PAGE 8-2 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx C = the balance owing (if negative. If the product is positive, there is no balance owing) o For non-residential redevelopments: Value of land to be conveyed = A - (B X .02) = C Where: A = the value of the previous conveyance B = the value of the land C = the balance owing (if negative. If the product is positive, there is no balance owing) City of Mississauga addresses the amount of land required to be conveyed or the amount of cash-in-lieu to be paid by reducing any previous conveyance or Cash- In-Lieu payment made to the City in accordance with the following: o For Residential Development or Redevelopment, including the Residential Use component of Mixed-Use Developments, the amount to be conveyed or paid shall be calculated based on the total number of Dwelling Units, less the number of Dwelling Units that existed on the site at the time of previous parkland conveyance or Cash-In-Lieu payment, in accordance with the following formula: o For Non-Residential Development or Redevelopment, including Non- Residential components of Mixed-Use Developments, the amount to be conveyed or paid shall be reduced by a percentage equal to the Non- Residential Gross Floor Area that existed on the site at the time of previous parkland conveyance or CIL payment, divided by the total Non- Residential Gross Floor Area of Development or Redevelopment, in accordance with the following formula: 8.3 Parkland Dedication By-Law Considerations The Municipality’s parkland dedication by-law clearly defines that the parkland dedication requirements are only imposed on additional development or density of development not addressed under sections 51.1 and 53 of the Planning Act. However, the policies of the by-law could benefit from more clearly articulating how the parkland Page 67 Watson & Associates Economists Ltd. PAGE 8-3 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx dedication requirements would be imposed in a situation where there is incremental development. Page 68 Watson & Associates Economists Ltd. H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx Chapter 9 Forms of Acceptable Parkland – Encumbered Land Page 69 Watson & Associates Economists Ltd. PAGE 9-1 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx 9. Forms of Acceptable Parkland – Encumbered Land 9.1 Municipality of Clarington Current Practice Section 10 of the Municipality’s parkland dedication by-law states that “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”. The by-law further defines the terms ‘Regulatory Shoreline’, ‘Valleylands’ and ‘Wetlands’. The by-law further defines acceptable parkland to include “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”. 9.2 Practice in Other Municipalities Most of the municipalities surveyed outline the forms of acceptable land as parkland dedication within their by-laws. More specifically, most municipalities include clauses regarding the acceptance of encumbered land. The following table provides examples from some of the municipal by-laws in this regard. Some municipal by-laws state what encumbered lands would be accepted or not accepted as parkland. The Town of Caledon and the City of Guelph don’t accept land Municipality Form of Acceptable Land - Encumbered Land Town of Ajax -Lands suitable for conveyance as parkland must be free from encumbrances wherever possible. Town of Caledon -Land shall be free of encumbrances except as may be satisfactory to the Town Solicitor. City of Guelph -Land shall be free of encumbrances except as may be satisfactory to the Town Solicitor. -Lands that are encumbered by easements or other instruments that would unduly restrict or prohibit public use shall not be accepted. City of Mississauga -The lands are free and clear of all legal and other encumbrances. City of Oshawa -Any conveyance shall be free of all encumbrances except those Council may accept by resolution. City of Vaughan -The City may determine at its sole discretion, the location, configuration and encumbrances of land required for conveyance. Page 70 Watson & Associates Economists Ltd. PAGE 9-2 H:\Clarington\2022 PLD\Report\Clarington Policy Comparison Report (final).docx that is encumbered by easements or other instruments that would unduly restrict or prohibit public use. The City of Vaughan provides the types of encumbered lands that the City would accept at a full 100% credit towards satisfying the parkland dedication requirements. These include the following: Strata parks Land encumbered by underground storm water facilities, utility corridors, and other publicly owned infrastructure Land that forms part of the Natural Heritage Network and associated buffers Land encumbered by floodplains Land encumbered by sustainability features Land within the Greenbelt or Oak Ridges Moraine There are examples of municipalities that do not specify forms of acceptable parkland within their by-law. For example, the Town of Halton Hills and the Town of Whitby by- laws do not provide any reference to forms of acceptable parkland or encumbered land in their by-law. In most cases the municipality retains the right to not accept the conveyance of lands if they are not deemed suitable. In addition, most by-laws show that municipalities also reserve the ability to require land outside of the development site if no lands are suitable. 9.3 Parkland Dedication By-Law Considerations The municipal survey clearly indicates that municipalities will have limitations on lands acceptable for parkland purposes. The Municipality’s current by-law defines this in part in s.10. The by-law would benefit from including additional provisions regarding land encumbrances with discretion provided to the Municipal solicitor. Moreover, the Municipality may wish to consider other forms of parkland that would be acceptable such as privately owned publicly accessible (POPs) lands, strata parks, stormwater or other environmental lands. These however should be considered by the Municipality in alignment with its Official Plan policies and suitability relative to its intended level of service. Page 71 Attachment 2 to Report PDS-041-22 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law Number 20XX-XX being a By-Law to govern Parkland and Open Space Dedication in the Municipality of Clarington. WHEREAS Section 42(1) of The Planning Act, R.S.O. 1990 provides the Council with the authority to enact a by-law to require the conveyance of land to the municipality for park or other public recreational purposes as a condition of development or redevelopment of land. 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 Section 42(6) of The Planning Act, R.S.O. 1990 provides the Council with the authority to require a payment-in-lieu of the value of land otherwise conveyed under Section 42(1) of The Planning Act, R.S.O. 1990; AND WHEREAS Section 42(6.0.1) of The Planning Act, R.S.O. 1990 provides the Council with the authority to require a payment-in-lieu of the value of land otherwise conveyed under Section 42(3) of The Planning Act, R.S.O. 1990 at the rate of up to 1 hectare per 500 dwelling units proposed for development or redevelopment, as an alternative method to the conveyance of land under Section 42(6) 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-Laws 95-104 and 97-68. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: Page 72 Attachment 2 to Report PDS-041-22 1. For the purpose of interpretation of this by-law, the following definitions shall apply: (a) “Act” means the Planning Act, R.S.O. 1990, c. P.13, as amended; (b) “Consent” shall refer to the subdivision of land as defined in Section 53 of the Act; (c) “Development” shall refer to i. the construction, erection, or placing of a building or structure, excluding infrastructure authorized by the Environmental Assessment Act ; ii. the addition to or alteration of a building or structure; iii. the creation of a new lot and/or increase in the number of permitted units on a lot; iv. the change in use or the increase in intensity of use of any building, structure, or premises; v. site-grading, excavation, removal of topsoil or peat, the placing or dumping of fill, or the extraction of mineral aggregate; vi. drainage works, except for the maintenance of existing municipal and agricultural drains; or vii. redevelopment. (d) “Dwelling Unit” shall refer to one or more habitable rooms, occupied or capable of being occupied as an independent and separate housekeeping establishment, in which separate kitchen and sanitary facilities are provided for the exclusive use of the occupants; (e) “Gross Developable Area” shall refer to the area of the site or lot less the area designated Environmental Protection and the Minimum Vegetation Protection Zone, and major infrastructure that is built or approved under the Environmental Assessment Act; (f) ”Municipality” shall refer to the Corporation of the Municipality of Clarington , or its geographical area, as the context requires; (g) “Minimum Vegetation Protection Zone” shall refer to a vegetated buffer area surrounding a natural heritage feature or hydrologically sensitive feature within which only those land uses permitted within the feature itself are permitted. A vegetation protection zone is intended to be restored with native, self -sustaining vegetation and be of sufficient width to protect the feature and its functions from effects of the proposed change and associated activities before, during, and after, construction, and where possible, restore and enhance the feature and/or its function; Page 73 Attachment 2 to Report PDS-041-22 (h) “Mixed Use Building” shall refer to a building containing residential units and at least one non-residential use; (i) “Mixed Use Development” shall refer to a development comprised of a mix of land uses in addition to residential uses, either in a mixed-use building or in separate buildings; (j) “Natural Heritage System” shall refer to a system made up of natural heritage features and areas, hydrologically sensitive features and linkages intended to provide connectivity (at the regional or site level) and support natural processes which are necessary to maintain biological and geological diversity, natural functions, viable populations of indigenous species, and ecosystems. These systems can include natural heritage features and areas, hydrologically sensitive features, federal and provincial parks and conservation reserves, other natura l heritage features, lands that have been restored or have the potential to be restored to a natural state, areas that support hydrologic functions, and working landscapes that enable ecological functions to continue; (k) “Park” shall refer to municipally owned or leased sites that are designated, and appropriately developed (including un-serviced sites), for community use for indoor and/or outdoor, programmed and/or self -directed sport, fitness, physical activity, culture, leisure and social pursuits; (l) ”Park Purposes” shall refer to the use of land for public park or other public recreational purposes; (m) "Plan of Subdivision” shall have the same meaning as found in the Act; (n) ”Site Plan” shall have the same meaning as found in the Act; (o) ”Regulatory Shoreline” shall refer to the lands identified in the Municipality’s Official Plan and the implementing Zoning By-law in accordance with the detailed Lake Ontario Flood and Erosion Risk Mapping of the relevant Conservation Authority; (p) “Unserviced Park” shall refer to a park that provides recreational opportunities and facilities, including playing fields, but without outdoor lighting, accessory commercial facilities, paved parking lots or permanent water or sewer facilities; 2. As a condition of the development of land, including approval of a plan of subdivision, site plan or consent, land shall be conveyed to the Municipality for park purposes at the rate of two percent of the lands for commercial or industrial development, and a rate of five percent in all other cases. Page 74 Attachment 2 to Report PDS-041-22 3. Notwithstanding Section 2, for land that is developed for residential purposes, land shall be conveyed to the Municipality for park purposes at a rate of five percent of the lands or 1 hectare per 300 dwelling units, whichever is greater. 4. As a condition of development, redevelopment, or approval of a plan of subdivision, site plan or consent application of land, for mixed use development purposes, land shall be conveyed or dedicated to the Municipality for park purposes in an amount of 1 hectare per 300 dwelling units applicable only to the residential portion of the development proposal; and; (a) that in all cases, the amount of the conveyance shall be a minimum of two percent of the land. 5. At the sole discretion of the Director of Planning and Development Services, the Municipality may, in substitution for the conveyance of land, require a payment-in-lieu at the rate of 1 hectare per 500 dwelling units under the following circumstances: (a) The use of the alternative parkland conveyance or dedication consumes m ore than 10% of the site area thereby rendering the site undevelopable. (b) The amount of land for parkland dedication does not result in a sufficient area for park development; or (c) The dedication of land is not deemed necessary. 6. If a cash-in-lieu payment is required pursuant to this by-law, the value of the land will be determined in accordance with the Act. 7. For the purposes of this by-law, any land valuation shall be supported by a certified land appraisal, to the satisfaction of the Director of Planning and Development Services. 8. If land has been conveyed or is required to be conveyed for park purposes or a payment-in-lieu 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. Page 75 Attachment 2 to Report PDS-041-22 9. This by-law does not apply to development 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 natural heritage system, minimum vegetation protection areas, regulatory shoreline, flood susceptible lands or lands with hazardous characteristics in fulfilment of the land conveyance requirements of this by-law. 11. Notwithstanding the above requirements, the Municipality shall request the gratuitous dedication of open space lands including natural heritage system, minimum vegetation protection areas, regulatory shoreline, flood susceptible lands and lands with hazardous characteristics within development or redevelopment proposal. 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 payment-in-lieu of land conveyance for park purposes, gross developable area shall be used, provided the lands referred to in Section 11 are dedicated to the Municipality gratuitously. 13. Lands conveyed to the Municipality pursuant to this by-law shall be free of encumbrances except as may be satisfactory to the Municipal Solicitor and 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, no n-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-Laws 95-104 and 97-68, are repealed on the date of passing hereof. Page 76 Attachment 2 to Report PDS-041-22 By-Law read a first time this ____ day of September, 2022. By-Law read a second time this ____day of September, 2022. By-Law read a third time and finally passed this ____ day of September, 2022. _________________________ Adrian Foster, Mayor _________________________ June Gallagher, Municipal Clerk Page 77