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HomeMy WebLinkAbout99 036 Payment -Conveyance Land "e. . . . 1HE CORPORATION OF THE TOWNSHIP OF KINCARDINE-BRUCE- T1VERTON BY-LAW NO. 1999 - 36 A BYLAW TO IMPOSE THE PAYMENT OF MONEY IN LIEU OF THE CONVEYANCE OF LAND WHEREAS the Planning Act, R.S.O. 1990, Chapter P.13, Section 42 and Section 53(3) authorizes the Council of a municipality to pass bylaws requiring the payment of money in lieu of the conveyance ofland on the giving ofa Land Division Consent. AND WHEREAS the Municipal Act, R.S.O. 1990, MA5, Section 163 and 164 authorizes the Council of the municipality to establish a reserve fund for specific municipal purposes. NOW THEREFORE the Council for The Corporation of the Township of Kincardine- Bruce- Tiverton ENACTS as follows: 1. That all persons receiving a consent to sever land within the Township of Kincardine-Bruce- Tiverton pursuant to Section 53 ofthe Planning Act, shall pay to the Corporation of the Township of Kincardine-Bruce- Tiverton the following amount of money: (a) For land proposed for development or redevelopment for commercial or industrial purposes an amount equal to 2% (two percent) of the value of the land to a maximum amount of $500.00. (b) F or land proposed for development in all other cases, an amount equal to 5% (five percent) of the value of the land to a maximum amount of $500.00. 2. The value of the land shall be determined as of the day before the day of the giving of the consent. 3. The person receiving the consent shall file with the clerk of the Township of Kincardine-Bruce-Tiverton evidence in writing sufficient to establish the value of the land and the amount payable shall be determined by the Council of the Township ofKincardine-Bruce-Tiverton based on such evidence filed. 4. The Council of the Township of Kincardine-Bruce-Tiverton may request further and other evidence of value as may be required from time to time to determine the value of the land. 5. The amount payable shall be levied against each separate lot created in the Township of Kincardine-Bruce- Tiverton. .. ./2 .~ . . . Payment in Lieu of the Conveyance of Land By-Law No. 1999-36 Page 2 of2 6. The amount payable shall be paid to the Township of Kincardine-Bruce- Tiverton before any consent is finalized. 7. The Clerk of the Township of Kincardine-Bruce-Tiverton is authorized to impose the payment of the said amount as a condition on the granting of all consent applications in the Township of Kincardine- Bruce- Tiverton. 8. There shall be established a reserve fund by the Township of Kincardine-Bruce- Tiverton pursuant to the provisions of the Municipal Act and all amounts received pursuant to this bylaw shall be paid in to the said fund and shall be used for park or other public recreational purposes in the Township of Kincardine-Bruce- Tiverton. 9. This $500.00 fee for park and other recreation fees shall be in lieu of any charge under a Development Charges Act. 10. That the following bylaws shall be repealed: (a) Bylaw #92-05 - (former) Township of Kincardine; (b) Bylaw #93-07 - (former) Village of Tiverton; (c) Bylaw #1996-9 and Bylaw #1991-83 - (former) Town of Kincardine. 11. This bylaw shall come into full force and effect on its final passing. 12. This bylaw may be cited as the "Payment in Lieu of the Conveyance of Land, Bylaw". READ a FIRST, SECOND and THIRD time and FINALL Y PASSED this 21 sl day of April, 1999. ~~ ~ NO. 1999 – 36 A BYLAW TO IMPOSE THE PAYMENT OF MONEY IN LIEU OF THE CONVEYANCE OF LAND WHEREAS the Planning Act, R.S.O. 1990, Chapter P.13, Section 42 and Section 53(3) authorizes the Council of a municipality to pass bylaws requiring the payment of money in lieu of the conveyance of land on the giving of a Land Division Consent. AND WHEREAS the Municipal Act, R.S.O. 1990, M.45, Section 163 and 164 authorizes the Council of the municipality to establish a reserve fund for specific municipal purposes. NOW THEREFORE the Council for The Corporation of the Township of Kincardine- ENACTS Bruce-Tiverton as follows: 1. That all persons receiving a consent to sever land within the Township of Kincardine-Bruce-Tiverton pursuant to Section 53 of the Planning Act, shall pay to the Corporation of the Township of Kincardine-Bruce-Tiverton the following amount of money: (a) For land proposed for development or redevelopment for commercial or industrial purposes an amount equal to 2% (two percent) of the value of the land to a maximum amount of $500.00. (b) For land proposed for development in all other cases, an amount equal to 5% (five percent) of the value of the land to a maximum amount of $500.00. 2. The value of the land shall be determined as of the day before the day of the giving of the consent. 3. The person receiving the consent shall file with the clerk of the Township of Kincardine-Bruce-Tiverton evidence in writing sufficient to establish the value of the land and the amount payable shall be determined by the Council of the Township of Kincardine-Bruce-Tiverton based on such evidence filed. 4. The Council of the Township of Kincardine-Bruce-Tiverton may request further and other evidence of value as may be required from time to time to determine the value of the land. 5. The amount payable shall be levied against each separate lot created in the Township of Kincardine-Bruce-Tiverton. …/2 Payment in Lieu of the Conveyance of Land By-Law No. 1999-36 Page 2 of 2 6. The amount payable shall be paid to the Township of Kincardine-Bruce-Tiverton before any consent is finalized. 7. The Clerk of the Township of Kincardine-Bruce-Tiverton is authorized to impose the payment of the said amount as a condition on the granting of all consent applications in the Township of Kincardine-Bruce-Tiverton. 8. There shall be established a reserve fund by the Township of Kincardine-Bruce- Tiverton pursuant to the provisions of the Municipal Act and all amounts received pursuant to this bylaw shall be paid in to the said fund and shall be used for park or other public recreational purposes in the Township of Kincardine-Bruce- Tiverton. 9. This $500.00 fee for park and other recreation fees shall be in lieu of any charge under a Development Charges Act. 10. That the following bylaws shall be repealed: (a) Bylaw #92-05 – (former) Township of Kincardine; (b) Bylaw #93-07 – (former) Village of Tiverton; (c) Bylaw #1996-9 and Bylaw #1991-83 – (former) Town of Kincardine. 11. This bylaw shall come into full force and effect on its final passing. 12. This bylaw may be cited as the “Payment in Lieu of the Conveyance of Land, Bylaw”. st READFIRST, SECONDTHIRDFINALLY PASSED a and time and this 21 day of April, 1999. _________________________ __________________________ Mayor Clerk