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HomeMy WebLinkAbout14 058 Municipality of Kincardine Parkland Dedication By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT yy , A � TYOFN LIKIGP��a O BY -LAW By -Law No.2014 - 058 BEING A BY -LAW TO REQUIRE THE CONVEYANCE OF LAND FOR PARK OR OTHER PUBLIC RECREATIONAL PURPOSES OR THE PAYMENT IN -LIEU THEREOF, AS A CONDITION OF DEVELOPMENT OR REDEVELOPMENT OR THE SUBDIVISION OF LAND. • WHEREAS sections 42, 51.1, and 53 of the Planning Act provide 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 or the subdivision of lands; AND WHEREAS sections 42 and 51.1 of the Planning Act provide for an alternate parkland rate of one hectare for each three hundred (300) dwelling units proposed for development provided the municipality has an official plan that contains specific policies dealing with the provision of lands for park or other public recreational purpose at such rate; AND WHEREAS the Council of the Municipality of Kincardine wishes to use these provisions 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. In this By -law: "Agricultural Use" means the bona fide use of lands and buildings for apiaries, fish farming, dairy farming, fur farming, the raising or exhibiting of livestock, or the cultivation of trees, shrubs, flowers, grains, sod, fruits, vegetables and any other crops or ornamental plants and includes the operation of a farming business and the erection of a farm help house on agricultural land, but excludes the following: a commercial greenhouse, the development of a single detached dwelling on the agricultural land (the primary residence), a permanent building that is actively used to sell, direct to the public, any items that are not produced from the farm, and restaurants, cafes, wine bars or any public eating establishments; "Appraisal" means an appraisal completed in accordance with the Canadian Uniform Standards of Professional Appraisal Practice "Appraiser" means a qualified member of the Appraisal Institute of Canada with an AACI or CRA designation or a qualified member of the Canadian National Association of Real Estate Appraisers with a DAR or DAC designation Page 2 of 7 Municipality of Kincardine Parkland Dedication By -Law By -law No. 2014 - 058 "Commercial purposes" means the use of non - residential land, buildings or structures other than for agricultural, industrial or institutional purposes; "Consent" means the process referred to in Section 53 of the Planning Act; "Development" means the construction, erection, or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing the size or usability thereof, or the laying out and 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, a change in the use, or the density of the use in connection therewith. "Dwelling Unit" means any building or structure that is used or designed for use as a domestic establishment in which one or more persons sleep and prepare meals; "Environmental lands" includes valley land, being lands located below the `top of bank' as defined by the appropriate Conservation Authority, but shall not include any buffer and above the top of bank; Provincially significant lands including Areas • of Natural or Scientific Interest (ANSI); Wetlands; Environmentally Significant Areas (ESA); and Woodlots. "Gross land area" means the total area of all lands contained in the subdivision plan or development or redevelopment application including lands subject to easements. "Industrial Use" means the use of land, buildings or structures for, or in connection with: a) manufacturing, processing, producing, storing or distributing of something; b) research or development in connection with manufacturing, producing or processing something; c) retail sales by a manufacturer, producer or processor of something they manufactured, produced or processed, if the retail sales are at the site which the manufacturing, production or processing takes place; 1111 d) offices for administrative purposes, if they are; (i) carried out with respect to manufacturing, producing, processing, storage or distributing of something, and, (ii) in or attached to the building or structure used for that manufacturing, producing or processing, storage or distribution. "Net land area" means the "Gross land area" minus any storm water management facilities to be conveyed to the Municipality, major utility corridors and easements and any "Environmental lands ". "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. "Residential" refers to dwelling units at various densities. "Subdivision" means the process referred to in Section 51 of the Planning Act. • Page 3 of 7 Municipality of Kincardine Parkland Dedication By -Law By -law No. 2014 - 058 Application • 2. This By -law shall apply to all lands within the Municipality of Kincardine; Subdivision or Consent 3. As a condition of subdivision plan approval pursuant to Section 51 or the giving of a provisional Consent pursuant to Section 53 of the Planning Act, R.S.O. 1990, 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 to be developed for residential purposes: (i) at a density less than 20 units per hectare, dedication of land in an amount, the greater of: five percent (5 %) of the Net land area to be developed; or alternatively, dedication of land at a rate of 1.0 hectare of the Net land area for each 300 dwelling units proposed; or, (ii) at a density of 20 units per hectare to 40 units per hectare, dedication of land in an amount, the greater of: five percent (5 %) of the Net land area • to be developed; or alternatively, dedication of land at a rate of 0.8 hectare of the Net land area for each 300 dwelling units proposed; or, (iii) at a density greater than 40 units per hectare, dedication of land in an amount, the greater of: five percent (5 %) of the Net land area to be developed; or alternatively, dedication of land at a rate of 0.6 hectare of the Net land area for each 300 dwelling units proposed; b) In the case of a subdivision plan proposed for commercial purposes, land shall be dedicated in the amount of two percent (2 %) of the Net land area contained within the subdivision; and, c) In the case of a subdivision containing lands proposed for a use other than commercial, residential, and land uses specifically exempted (Section 9), land shall be dedicated in the amount of 5% of the Net land area to be developed. d) In the case of a subdivision containing lands proposed for development of different uses and /or at different residential densities, a combination of the dedication rates defined in Paragraphs 3a), 3b) and 3c), shall be applicable o to the specific use and /or density. Development or Redevelopment 4. 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 to be developed or redeveloped for residential purposes: (i) at a density less than 20 units per hectare, dedication of land in the amount, the greater of: five percent (5 %) of the Net land area to be developed or redeveloped; or alternatively, dedication of land at a rate of 1.0 hectare of the Net land area for each 300 dwelling units proposed; or, (ii) at a density of 20 units per hectare to 40 units per hectare, dedication of • land in the amount, the greater of: five percent (5 %) of the Net land area to be developed or redeveloped; or alternatively, dedication of land at a rate of 0.8 hectare of the Net land area for each 300 dwelling units proposed; or, Page 4 of 7 Municipality of Kincardine Parkland Dedication By -Law By -law No. 2014 - 058 (iii) at a density greater than 40 units per hectare, dedication of land in • the amount, the greater of: five percent (5 %) of the Net land area to be developed or redeveloped; or alternatively, dedication of land at a rate of 0.6 hectare of the Net land area for each 300 dwelling units proposed; b) In the case of lands proposed for development or redevelopment for commercial purposes, land in the amount of two percent (2 %) of the Net land area to be developed or redeveloped. c) In the case of lands proposed for development or redevelopment for a use other than commercial and residential, and land uses specifically exempted (Section 9); land in the amount of 5% of the Net land area to be developed or redeveloped. d) In the case of lands proposed for development or redevelopment of different uses and /or at different residential densities, a combination of the dedication rates defined in Paragraphs 4a), 4b) and 4c), shall be applicable to the specific use and /or density. Conversion or Change of Density of an Existing Use and Demolition /New • Construction e) For the purposes of this By -law, a building addition need not physically adjoin an existing building. A building addition includes the construction of additional free standing buildings on the same property (i.e. separate retail or restaurant pads on a shopping centre property or a new townhouse block). f) Redevelopment may involve a conversion of existing space to another use, a change of density of an existing use /space, or the demolition of existing space and construction of new replacement floor space. The same principles apply as noted above with regard to prorating new or converted space or dwelling units to the total floor space or number of dwelling units after construction. Offsetting g) In instances where parkland was not previously dedicated or payment -in -lieu paid and floor space and /or residential units have been eliminated through conversion or demolition, the parkland dedication for the newly created space and /or units is offset against the park dedication that is deemed to apply to • the existing floor space and /or residential units, respectively, that is /are being eliminated for the same use. For example: • parkland dedication attributed to existing commercial floor space that is being converted to a new commercial use (i.e. retail to office) will offset the parkland dedication for the new redevelopment for the same floor area; • an existing single detached residence is being converted to a triplex. The parkland dedication attributable to the existing dwelling offsets the parkland dedication for one of the three new dwelling units; • parkland dedication attributed to existing commercial floor space that is being converted to residential space does not offset the parkland dedication required for the new residential units. h) In contrast to Subsection 4.g) above, where parkland has previously been 111 dedicated or payment -in -lieu paid for existing development, then the parkland dedication attributable to the existing space being eliminated through conversion or demolition is offset against the parkland dedication required for the new floor space or dwelling units, regardless of use, subject to Section 9 (Exempted). Page 5 of 7 Municipality of Kincardine Parkland Dedication By -Law By -law No. 2014 - 058 For example, if residential space in the urban area was to be converted to • commercial use, regardless of building size, no land needs to be dedicated as the residential rate of 5% or more offsets the commercial rate of 2 %. However, there would be no credit given to the owner /developer for the remaining 3% or more. In the reverse situation, there would be a 2% offset and the developer would be required to dedicate 3% or more land. i) The offset for demolished buildings only applies if a building permit is issued for the new development or redevelopment within five (5) years from the date the demolition permit was issued. Location of Parkland 5. a) The location and configuration of land required to be conveyed shall be at the sole discretion of the Municipality and all such conveyances shall be free and clear of all encumbrances. b) Any conveyance or dedication of Environmental Lands as defined herein, environmental buffer lands, walkways and trails, major utility corridors and easements, floodplain or storm water management facilities shall not be considered a conveyance for park or other recreational purpose pursuant to the requirements of Sections 3 or 4, above. Payment -in -Lieu of Parkland 6. a) It is the objective of the Municipality to promote the conveyance of land through the parkland dedication process. However, the Municipality, at itsdiscretion, may accept the payment of money up to the value of the land otherwise required in accordance with Sections 42, 51 and 53 of the Planning Act to be conveyed, or such combination of land and money as Council may require. b) In lieu of requiring the conveyance referred to in Section 4 of this by -law, or a portion thereof, the Municipality will require the payment of money to be made 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, or as set out in Section 6a) below, payment shall be made prior to the issuance of the first building permit. For further clarification: • • "Development and "Redevelopment" terms apply to the entire Net land area of a Site Plan application for development proposed as part of an approved Site Plan, notwithstanding that building permits for development within the site plan area may be issued in stages. Valuation 7. a) In case of residential consents for the creation of five or fewer lots the value of the land otherwise required to be conveyed shall be determined as of the day before the day the provisional consent was given. The Municipality shall provide relief by reducing the value of the land by 50% of the payment in lieu calculation. b) In the case of development or redevelopment the value of the land otherwise required to be conveyed shall be determined as of the day before the day of issuance of a building permit or by the most recent land sale record of the relevant property, no more than 24 months prior to the day before the day of issuance of a building permit. • Previous Land Dedication or Payment in Lieu 8. Land or payment -in -lieu equivalent required to be conveyed to the Municipality for park or other public purposes pursuant to Sections 3, 4 and 6 shall be determined Page6of7 Municipality of Kincardine Parkland Dedication By -Law By -law No. 2014 - 058 having regard to the amount of land conveyed or payment -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 b) Land originally proposed for development or redevelopment for Commercial or Industrial purposes or uses exempted from parkland dedication under Section 9 (Exempted), is now proposed for development or redevelopment for other purposes. Exemption 9. Notwithstanding any other provisions of this By -law, this By -law shall not apply where: a) The proposed development or redevelopment is for Agricultural purposes as • defined in this By -law; b) The proposed development or redevelopment is for Industrial buildings and structures c) The development or redevelopment consists of making an addition or alteration to a residential building provided the number of dwelling units within the residential building is not increased; or, in the case of single detached, semi - detached and row dwellings, as defined in the Comprehensive Zoning By -law, that the addition or alteration results in not more than one additional dwelling unit (Secondary Suite), provided that the total gross floor area of the additional dwelling unit is not greater than the gross floor area of the existing residential dwelling unit. d) The addition of a garden suite; e) The proposed development or redevelopment is on a school property is in the form of portable classrooms; 111 f) The proposed development or redevelopment is on an existing golf course that is for continued golf course uses; g) The proposed development or redevelopment is for the following Institutional uses: a place of worship, a public college or university, public hospital, hospice, a non - profit emergency shelter, public library, cemetery, mausoleum, columbarium or crematorium, government buildings (including all Municipality of Kincardine, County of Bruce and Conservation Authority facilities) or other charitable, non - profit uses as may be deemed by Council. h) The proposed development or redevelopment, or a portion thereof, is for eligible affordable housing units /project(s) as confirmed by Bruce County Housing. Eligibility, or portion thereof, will be determined based on final confirmation by the Housing Division of agreements and /or funding approval under a Housing Program administered by the County. i) The replacement of any building or structure that is a direct result of fire, or other causes beyond the control of the owner, provided that no additional • intensification or change of use is proposed; j) A temporary building or structure, provided such building or structure is in existence for a period of time not longer than eight (8) months; Page 7of7 Municipality of Kincardine Parkland Dedication By -Law By -law No. 2014 - 058 Exception • 10. 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 a) less onerous or stringent than the requirement set out herein; b) applicable for a temporary, specified period of time; c) applicable to a specified type or class of development or redevelopment; and, d) applicable to the whole of the Municipality or a specified geographical area thereof. The period of time specified pursuant to (b) above may be extended once by resolution of Council for an additional period of time not to exceed the period of time specified for the original variance. By -laws Repealed 11. The following by -law is hereby repealed: a) By -law No. 1999 -36 - (former) Township of Kincardine - Bruce - Tiverton. General Provisions 12. The following General provisions will apply: a) All study, survey, appraisal and legal costs, associated with the conveyance of lands and the payment of cash, shall be at the expense of the owner; b) In the event that any provision, section or part of a section of this by -law is declared invalid by a court or tribunal of competent jurisdiction, it is the intention of Council that the remainder of the by -law will continue to operate in full force and effect; c) The headings inserted in this by -law are for convenience and reference only and shall not affect the construction or interpretation of this by -law; e) References to items in the plural include the singular, as applicable; • f) This by -law shall come into full force and effect on its final passing. g) This by -law may be cited as the "Municipality of Kincardine Parkland Dedication By- Law ". READ a FIRST and SECOND TIME this 7th day of May, 2014. READ a THIRD TIME and FINALLY PASSED this 7th day of May, 2014. l SI dir Mayor Clerk •