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Staff Report
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Report To: Council
Date of Meeting: September 12, 2022 Report Number: PDS-041-22
Submitted By: Carlos Salazar, Director of Planning and Development Services Mary -
Reviewed By: Anne Dempster, CAO Resolution#: C-172-22
File Number: PLN 20.19 By-law Number: 2022-043
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, be approved; and
3. That all interested parties listed in Report PDS-041-22 and any delegations be
advised of Council's decision.
Municipality of Clarington
Report PDS-041-22
Report Overview
Page 2
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. PA 3, 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.
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 developments. 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).
Municipality of Clarington
Report PDS-041-22
Page 4
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 30t", 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 parkland 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
Municipality of Clarington
Report PDS-041-22
Page 5
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 eligible 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(o)_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.
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Municipality of Clarington
Parkland Dedication By -Law Review
Background Report
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
Watson & Associates Economists Ltd.
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Chapter 1
Introduction
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72
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
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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
Watson & Associates Economists Ltd. PAGE 1-2
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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
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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."
Watson & Associates Economists Ltd. PAGE 1-4
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"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
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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.
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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
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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.
Watson & Associates Economists Ltd. PAGE 1-8
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Chapter 2
Parkland Dedication
Assessment Methodology
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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
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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.
Watson & Associates Economists Ltd. PAGE 2-2
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Table 2-2
Municipality of Clarington Forecast Non -Residential Gross Floor Area and Land
Absorption (2022-2031)
Non -Residential
Non -Residential GFA (sq.ft.)
Year Employment Commercial/
excluding WAH & Industrial population Related Institutional Total Unit
NFPOW
1 •..
1
I 1 1
2022-2031 Developable
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.LL of Parkland
(2022-2031)
Watson & Associates Economists Ltd. PAGE 2-3
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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)
Description
2022 Hectares
istrict
33.95
Community
52.20
Neighbourhood
Parks
78.44
ra m let
38.72
Total Parks
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
Incremental2031-2021 Population
31,626
Service Standard ha/1,000 population
1.16
0.41
-
-
1.56
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
Watson & Associates Economists Ltd. PAGE 2-4
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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.
Watson & Associates Economists Ltd. PAGE 2-5
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Table 2-5
Municipality of Clarington Parkland Demands based on POSTDP and OP Active
Parkland Standard (2022-2031)
DescriptionDistricticommuni
IUFParks
2022 Hectares
33.95
y
Parks
52.20
ighbourhood
Parks
(incl.Parkettes)
78.44
Hamlet
Parks
38.72
Total Parks
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
Incremental2031-2021 Population
31,626
Service Standard (ha/1,000 population)
1.16
0.41
-
-
1.56
2022-2031 Parkland Conveyance residential 1 ha/300 units, non-residential 2% of land area
44.75
2022-2031 C.I.L. Parkland (residential 1 ha/500 units, non-residential 2% of land area)
28.15
2022-2031 C.I.L. Parkland (residential 5% of land area, non-residential 2% of land area)
25.63
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
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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.
Watson & Associates Economists Ltd. PAGE 2-7
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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
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72
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
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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:
Watson & Associates Economists Ltd. PAGE 2-10
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7AIJ
• 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
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72
however should be considered by the Municipality in alignment with its OP policies and
suitability relative to its intended level of service.
Watson & Associates Economists Ltd. PAGE 2-12
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72
Chapter 3
Conclusions
Watson & Associates Economists Ltd.
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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.
Watson & Associates Economists Ltd. PAGE 3-1
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Appendix
Policy Review Report
Watson & Associates Economists Ltd.
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Parkland Dedication Policy Review
Municipality of Clarington
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
Watson & Associates Economists Ltd.
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Table of Contents (Cont'd) oe
Page
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
Watson & Associates Economists Ltd.
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Chapter 1
Introduction
Watson & Associates Economists Ltd.
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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;
Watson & Associates Economists Ltd. PAGE 1-1
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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
Watson & Associates Economists Ltd. PAGE 1-2
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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.
Watson & Associates Economists Ltd. PAGE 1-3
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Chapter 2
By-law Definitions
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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;
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• 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.
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010
Municipality
010
n Clarington Oshawa Guelph Halton Hills
_"Develop" means: • • -"Development" shall refer -"Development" means the ='Develop" means: _"Development" shall mean:
i. the construction, erection or placing of one or to the construction, construction, erection or placing i. the construction, erection or placing of one or (i) The construction, erection of placing of one or more
more buildings on land erection or placement of of one (1) or more buildings or more buildings on Land buildings or structures on land; or
ii. the making of an addition or alteration to a one or more buildings or structures on land or the making ii. the making of an addition or alteration to a (ii) The making of an addition or alternation to a
building that has the effect of substantially structures on land or the of an addition or alteration to a building that has the effect of substantially building or structure, that has the effect of increasing
increasing the size by increasing the Gross Floor construction or erection of building or structure that has the increasing the size or usability thereof by increasing the size or usability thereof; or
Area of the building by fifty -percent (50%) or an addition or alteration to effect of substantially increasing the Gross Floor Area of the building by fifty -percent (iii) The laying out and establishment of a commercial
more, or by substantially increasing the usability a building or structure; the usability of the building or (50%) or more parking lot, as defined in the Comprehensive Zoning
Development thereof structure. iii. the addition of one or more new Dwelling Unit(s) By-law; or
iii. the addition of one or more new Dwelling iv. Conversion to a Different Use. (iv) The laying out and establishment of sites for the
Unit(s) v. "Development", "Redevelop" and location of three or more trailers as defined in s.
iv. the laying out and establishment of a "Redevelopment" have their corresponding 164(4) of the Municipal Act, 2001, or (v) The laying
commercial parking lot meanings; out and establishment of sites for the location of three
v. "Developed", "Development", "Redevelop", or more mobile homes, as defined in s. 46(1) of the
"Redeveloped" and "Redevelopment" have their Planning Act; or
corresponding meanings; (vi) The laying out and establishment of a site for
outdoor storage use, as defined in the Comprehensive
Zonin B - law.
"Redevelopment" shall "Redevelopment" means the
have the same meaning as removal of one (1) or more
Development; buildings or structures from land
and the development of the land
or the development of land by
Redevelopment the alteration of an existing
building or structure on the land.
"Parkland" means land for parks and other public "Park Purposes" shall "Park Purposes" means the use "Parkland" includes land for parks and other public
Parks purposes (or similar) recreational purposes; refer to the use of land for of land for a public park or other recreational purposes as described in the Official
public park or other public public recreational purpose. Plan;
recreational purposes;
='Land" means, for the purposes of this By-law, -"Developable Land" shall -"Land" (or "Lot") means, for the purposes of this By -"Buildable Area" shall mean the net area of a site
the lesser of the area defined as: refer to an area containing law, the lesser of the area defined as: which is available for building once all applicable
i. The whole of a parcel of property or parcels of table land suitable for i. The whole of a parcel of property associated with setbacks have been applied in accordance with the
property associated with the Development or development; the Development or Redevelopment and any Comprehensive Zoning By-law
Redevelopment; or abutting properties in which a person holds the fee
ii. The whole of a lot or lots or a block or blocks or equity of redemption in, power or right to grant,
on a registered plan of subdivision or a unit or assign or exercise a power of appointment in
units within a vacant land condominium that is respect of, or;
associated with the Development or ii. The whole of a lot or a block on a registered plan
Redevelopment. of subdivision or a unit within a vacant land
Developable Land, Land (or iii. For Industrial or Commercial Redevelopment, condominium that is associated with the
similar) the portion of property where the Development or Development or Redevelopment;
Redevelopment is occurring. 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.
-"Dwelling unit" means any property that is used -"Dwelling Unit" means a room or -"Dwelling Unit" means a suite operated as a
or designed for use as a domestic establishment series of rooms containing toilet housekeeping unit, used or intended to be used by
in which one or more persons may sleep and and culinary facilities designed one or more persons and usually containing
Dwelling unit prepare and serve meals; for Residential use as a single cooking, eating, living, sleeping and sanitary
housekeeping unit. facilities
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0
Municipality
Mississauga
-"Development" means the construction,
Whitby
-development" means the construction, erection, or
Pickering
-"Development" means the
Vaughan
-"development" means the construction,
erection or placing of one or more Buildings on
placing of one or more buildings or structures on land
construction, erection or placing or
erection or placing of one or more
land, or the making of an addition or alteration
or the making of an addition or alteration to a building
one or more buildings or structures
buildings or structures on land or the
to a Building that has the effect of substantially
or structure that has the effect of substantially
on land or the making of an addition
making of an addition or alteration to a
increasing or the Building Code Act;
increasing the size or usability thereof, or the laying
or alteration to a building or
building or structure that has the effect of
out and establishment of a commercial parking lot or
structure that has the effect of
substantially increasing the size or
of sites for the location of three or more trailers as
substantially increasing the size or
useability thereof, or the laying out and
defined in subsection 164(4) of the Municipal Act, or of
usability thereof;
establishment of a commercial parking
Development
sites for the location of three or more mobile homes as
lot.
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;
-"Redevelopment" means the removal of a
-"redevelopment" means the construction, erection, or
-"Redevelopment" has the same
-"redevelopment" means construction,
Building or structure from the land, the further
placing of one or more buildings or structures on land
meaning of Development;
erection or placing of one or more
Development of the land, or the substantial
where all or part of a building or structure has
buildings or structures on land where all
renovation of a Building or structure and a
previously been demolished on such land, or changing
or part of a building or structure has
Redevelopment
change in the use or density of the use in
the use of a building or structure from a non-
previously been demolished on such land
connection therewith, for which approval is
residential use to a residential use, or the expansion,
or changing the use from a residential to
required from the City under the Planning Act
extension or alteration of a building or structure,
non-residential use or from a non -
or the Building Code Act;
except interior alterations to an existing building or
residential to residential use or from one
structure which do not change or intensify the use of
form of residential use to another form of
the land;
residential use.
Parks purposes (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;
Developable Land, Land (or
similar)
_"Dwelling Unit" means one or more habitable
-"dwelling unit" means any property that is used or
_"residential unit" means one or more
rooms designed, occupied or intended to be
designed for use as a domestic establishment in which
habitable rooms designed, occupied, or
occupied as living quarters as a self-contained
one or more persons may sleep and prepare and
intended to be occupied as living
Dwelling unit
unit and shall, as a minimum contain sanitary
serve meals;
quarters as a self-contained unit and
facilities, accommodation for sleeping and one
shall, at a minimum, contain sanitary
kitchen, but not more than one kitchen;
facilities, accommodation for sleeping
and a kitchen.
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Chapter 3
Residential Rate Application
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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:
"I 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."
'A. 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.
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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 Convevance
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.
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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.
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• 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.
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Chapter 4
Non -Residential Rate
Application
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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.
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72
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.
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Chapter 5
Mixed -Use Rate Application
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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.
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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.
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Chapter 6
Treatment for Major Transit
Station Areas
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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.
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• The 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.
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Chapter 7
Parkland Dedication -
Additions
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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.
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7AIJ
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
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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.
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Chapter 8
Redevelopment Credits
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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:
• there is a change in the proposed development or redevelopment that would
increase the density of development; or
• land 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
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■ 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:
Total DwetUn_9 Units — Exis £ ing Dwet1ing Units
x Ne x S
Total Dwelling UUnits °16 t Larui Jar ea
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:
fNew Non Residential GFA — Existing Nora Residential GFA
L � x 2$$ x Net Land Area
* New Non Residential GFA
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
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dedication requirements would be imposed in a situation where there is incremental
development.
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Chapter 9
Forms of Acceptable Parkland
— Encumbered Land
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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.
Municipality...
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.
-Land shall be free of encumbrances except as may be satisfactory to the Town Solicitor.
City of Guelph
-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.
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
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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.
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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:
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;
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;
Q) "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 natural
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;
(1) "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.
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 more 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.
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, non-profit and hospital
organizations; and,
(b) all public facilities and buildings developed by a government agency.
15. Should any part of this By -Law be declared by a Court of competent jurisdiction to
be invalid in part or in whole, the validity of the other provisions of this By -Law
shall not be affected thereby, the intent of Council being that each provision of the
By -Law shall be determined to be separately valid and enforceable to the fullest
extent permitted by law.
16. By -Laws 95-104 and 97-68, are repealed on the date of passing hereof.
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