HomeMy WebLinkAbout13 078 Conveyance of Land for Park or other Recreational Purposes as a condition of Development or Redevelopment, By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
No. 2013 — 078
BEING A BY -LAW TO REQUIRE THE
CONVEYANCE OF LAND FOR PARK OR OTHER
PUBLIC RECREATIONAL PURPOSES AS A
CONDITION OF DEVELOPMENT OR
REDEVELOPMENT
• WHEREAS section 42 of the Planning Act provides that the Council of a local
municipality may by By -law require that land be conveyed to the municipality for park
or other public recreational purposes as a condition of development or redevelopment;
AND WHEREAS the Council of the Municipality of Kincardine wishes to use this
provision to further the acquisition of lands for parks or other public recreational
purposes;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine hereby ENACTS as follows:
DEFINITIONS
1. That in this By -law:
"Development" means the construction, erection, or placing of one or more
buildings or structures on land or the making of an addition or alteration to a
building or structure that has the effect of increasing the size or usability
thereof, or the laying out and establishing of a commercial parking lot.
• "Redevelopment" means the removal of a building or structure from land and
the further development of the land, the substantial renovation of a building or
structure, and a change in the use, character or the density of the use in
connection therewith.
"Subdivision" means the process referred to in Section 51 of the Planning Act.
"Residential" refers to dwelling units at various
densities.
"Dwelling Unit" shall mean a private suite of two or more rooms designed or
intended for occupation by one or more persons in which sanitary
conveniences are provided, and in which facilities are provided for cooking or
for the installation of cooking equipment, and in which a heating system is
provided, and containing a private entrance from outside the building or from a
common hallway or stairway inside.
"Principal Dwelling Unit" shall mean a dwelling unit that is not a second
• residential unit or a garden suite in accordance with the Planning Act.
"Planning Act" means the Planning Act. R.S.O. 1990, c. P.13, as amended to
date and as may be amended or replaced henceforth from time to time.
Page 2 of 3
Conveyance of Land for Park or other Recreational Purposes as a condition of
Development or Redevelopment Bylaw
By -law No. 2013 — 078
1
• APPLICATION
2. That this By -law shall apply to Block `Q' and Part of Block `A', Registered Plan
3M -98, and Part of Park Lot 8, West Huron Road, geographic Town of
Kincardine;
DEVELOPMENT OR REDEVELOPMENT
3. That as a condition of development or redevelopment pursuant to Section 42 of
the Planning Act. R.S.O. 1990, as amended, the owner is required to convey to
the Municipality land for park or other public recreational purposes as follows:
(a) in the case of lands proposed for Commercial or Industrial use where
such development or redevelopment is subject to Site Plan Approval, land
in the amount of two percent (2 %) of the land area to be developed for
such purposes;
111 (b) in the case of lands proposed for development or redevelopment for a
use other than Commercial or Industrial land in the amount of 5% of the
land area to be developed or redeveloped;
(c) in the case of lands proposed for Medium and High Density Residential
use where such development or redevelopment is subject to Site Plan
Approval; the greater of, land in the amount of five percent (5 %) of the
land area to be developed for such purposes, or land at the rate of one
(1) hectare per three hundred (300) dwelling units proposed.
CASH -IN -LIEU OF PARKLAND
4. That the Municipality may require the payment of money equal to the value of
the land otherwise required to be conveyed or such combination of land and
money as Council may require. In lieu of requiring the conveyance referred to
in Section 3 above, or a portion thereof, the Municipality may require the
payment of money to the value of the lands required to be conveyed in
accordance with Section 42 of the Planning Act. Where more than one building
• permit is required for the development of an individual Lot or Block, payment
shall be made prior to the issuance of the first building permit such amount
being the lesser of:
(a) the value of the land as of the day before the day of the issuance of the
building permit in respect of the development or redevelopment and shall
be in accordance with generally accepted appraisal principles; or
(b) in the case of residential development, $ 623.00 per principle dwelling unit
prorated in accordance with Table 1. Fee per dwelling unit to increase at
the same rate as Parkland Charges, Land proposed for development in
other cases, as per the consolidated rates and fees by -law.
Low Density, Medium Density, High Density,
'R1' and `R2' `R3' Lots or `R4' Lots or
Lots or Blocks Blocks Blocks
Fee per Dwelling 100% 80% 60%
III Unit, $623.00
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Conveyance of Land for Park or other Recreational Purposes as a condition of
Development or Redevelopment Bylaw
By -law No. 2013 — 078
1111 PREVIOUS LAND DEDICATION OR PAYMENT IN LIEU
5. That land or cash -in -lieu equivalent required to be conveyed to the Municipality
for park or other public purposes shall be determined having regard to the
amount of land conveyed or cash -in -lieu of parkland equivalent previously paid
to the Municipality pursuant to Sections 42, 51.1 or 53 of the Planning Act and
no additional conveyance or payment in respect of the land subject to the
earlier conveyance or payment will be required by the Municipality in respect of
subsequent development or redevelopment unless:
(a) There is a change in the proposed development or redevelopment which
would increase the density of development; or,
(c) Land originally proposed for development or redevelopment for
Commercial or Industrial purposes or uses exempted from parkland
dedication under Section 6, is now proposed for development or
redevelopment for another purpose.
111 EXEMPTIONS
6. That notwithstanding any other provisions of this By -law, this By -law shall not
apply if the development or redevelopment consists of making an addition or
alteration to a residential building where the number of principal dwelling units
within the building is not increased.
EXCEPTION
7. That Council may, by resolution, vary any of the requirements for parkland
dedication or payment in lieu thereof set out in this by law provided that such
variance is less onerous or stringent than the requirement set out herein.
8. This by -law shall come into full force and effect on its final passing.
9. This by -law may be cited as the "Conveyance of Land for Park or other
Recreational Purposes as a condition of Development or Redevelopment,
Bylaw'
•
READ a FIRST and SECOND TIME this 12 th day of June, 2013.
r
i ayor Clerk
READ a THIRD TIME and FINALLY PASSED 12 day of June, 2013.
•
ayor Clerk
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