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By-Law 57-2022 Parkland Dedication
THE CORPORATION OF THE TOWNSHIP OF
ASHFIELD-COLBORNE-WAWANOSH
BY-LAW NUMBER 57-2022
BEING A BY-LAW to provide for the conveyance of land for park or other public
recreational purposes and/or cash in lieu of parkland dedication for the Corporation of
the Township of Ashfield-Colborne-Wawanosh.
WHEREAS Sections 42, 51.1 and 53 of the Planning Act, R.S.O. 1990 c.P.13, as amended,
authorizes the Council of Corporation of the Township of Ashfield-Colborne-Wawanosh to
pass a by-law requiring land or cash-in-lieu of the land at the Municipality's approval to be
conveyed to the Municipality for park or other public recreational purposes as a condition of
subdivision of land or site plan control;
AND WHEREAS the Council of the Corporation of the Township of Ashfield-Colborne-
Wawanosh has established an Official Plan that contains specific policies with respect to the
provision of lands for park or other public recreational purposes and this by-law is intended
to be in conformity with such policies;
NOW THEREFORE, the Council of the Corporation of the Township of Ashfield-Colborne-
Wawanosh ENACTS as follows:
1.0 Definitions
1.1 "Cash-in-lieu" shall mean the payment of funds equivalent to the value of the
amount of land that the Municipality would otherwise have been entitled to
acquire for park or other public recreational purposes as part of a development.
The payment of Cash-in-lieu is usually required as a condition of site plan, draft
plan of subdivision, draft plan of condominium approval, or consent approval, the
day before the approval of the site plan, draft plan of subdivision, draft plan of
condominium, or in accordance with Sections 42(1), 51.1(4) and 53 of the Planning
Act, R.S.O. 1990 c.P.13 ("Planning Act").
1.2 "Council" shall mean the Council of the Corporation of the Township of Ashfield-
Colborne-Wawanosh.
1.3 "Corporation" shall mean the Corporation of the Township of Ashfield-Colborne-
Wawanosh.
1.4 "Developer" shall mean a group or individual who is undertaking an Eligible
Project.
1.5 "Eligible Project" means:
1.5.1
Acquisition of land for park or other public recreational purposes;
1.5.2
Capital projects for the development of new public parks which may
include any associated site preparation and drainage;
1.5.3
Capital projects to increase the capacity of existing public parks to
accommodate more intensive public use;
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By-Law 57-2022 Parkland Dedication
1.5.4
The provision of park facilities, such as play equipment, sports fields
and trails;
1.5.5
The provisions of additional park facilities, for example, splash pads and
site furniture;
1.5.6
A combination of any/all the above to the equivalent value of the
amount of land that the Municipality would otherwise be entitled to
collect in accordance with Sections 41(1), 51.1(4) and 53 of the Planning
Act, R.S.O. 1990 c.P.13.
2.0 Parkland Dedication
2.1 This by-law shall apply to all lands within the Municipality.
2.2 The purpose of this by-law is to enable the Municipality to provide land for parks
or other public recreational purposes. The Municipality is permitted to require the
conveyance of parkland as a condition of approval of development or a draft plan
of subdivision or condominium as regulated under the Planning Act. Land
conveyed to the Municipality under this by-law shall be used for parks or other
public recreational purposes, subject to the policies of the Official Plan and this by-
law.
2.3 As a condition of development of land, the Municipality shall require that land be
conveyed to the Municipality for park or other public recreational purposes as
follows;
2.3.1
For lands subject to site plan or draft plan of subdivision or
condominium for residential purposes, an area of land equal to the
greater of five percent (5%) of the Gross Land Area to be developed.
2.3.2
For lands subject to a site plan, draft plan of subdivision or draft plan
of condominium for uses other than those referred to in subsection
2.3.1, such as institutional uses or mixed uses, an area of land equal to
five percent (5%) of the Gross Land Area to be developed or
redeveloped.
2.4 Land dedicated to the Municipality for park or other public recreational purposes
shall be chosen in consultation with municipal staff and shall be leveled, serviced,
top-soiled and seeded by the Developer to the specifications of the Municipality.
In the case of a disagreement, the Municipality will have the final decision as to the
appropriate lands.
2.5 Only those lands suitable for municipal parks development will be accepted as part
of the required parkland dedication.
2.6 The Municipality may, at its own discretion, accept additional lands over and above
the required parkland dedication and may incorporate these lands into the
Municipality's Park system. Such lands may include:
2.6.1
Land for stormwater management areas;
2.6.2
Lands having environmental or physical conditions which render them
unsuitable for development;
2.6.3
Land which are unsuitable for the development of corridors throughout
the Municipality for such uses as wildlife, pedestrian or biking trails.
2.7 Any land that has been or is to be conveyed to the Municipality for stormwater
management facilities, for flood plain or conservation purposes, for roadways,
walkways or any other non-parkland purposes, will not be credited against the
required parkland conveyance or cash-in-lieu of parkland conveyance.
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By-Law 57-2022 Parkland Dedication
3.0 Cash-in-Lieu of Parkland Dedication
3.1 In lieu of requiring the conveyances in section 2 above, in accordance with the
Planning Act, when Eligible Projects are of insufficient size to provide appropriate
parkland dedication, the Municipality may require the payment of money as a
Cash-in-lieu payment, as provided by the Planning Act, under the following
circumstances;
3.1.1
Where the amount of parkland to be dedicated, in accordance with the
Planning Act, is of insufficient size, in the opinion of the Municipality,
to be useable for normal public recreational activities;
3.1.2
Where an area is adequately served by municipal or other open space
lands;
3.1.3
Where the Municipality wishes to combine the parkland dedication of
a number of small developments to provide for one park area; or
3.1.4
Where the required dedication would render the remainder of the site
unsuitable or impractical for development.
3.2 In those cases where it is deemed advisable to accept cash-in-lieu of a conveyance,
require the payment of an amount calculated as follows:
3.2.1
One thousand dollars per lot created to a maximum of five percent (5%)
of the appraised value of the residential land;
3.2.2
One thousand dollars ($1,000.00) per lot created through consent.
3.3 The payment so required shall be paid to the Municipality:
3.3.1
For a plan of subdivision or condominium, prior to the plan registration;
3.3.2
For a site plan, prior to issuance of a building permit;
3.3.3
For consent, prior to final approval and receipt of the certificate
confirming that all conditions have been satisfied and therefore the
consent for severance has been granted and is in effect.
4.0 Appraisal
4.1 To determine the Cash-in-lieu payment required, where applicable, the landowner
seeking the approval for the site plan, draft plan of subdivision or draft plan of
condominium is required to submit an Appraisal Report, completed by a qualified
appraiser, to the Municipality for review. The appraiser is to be approved by the
Municipality.
4.2 The cost of the appraiser report shall be the responsibility of the landowner.
4.3 The appraisal report will be reviewed by staff and the landowner will be notified of
the required payment.
5.0 Eligible Projects
5.1 Cash-in-lieu shall only be used for 'eligible projects' permitted by the Planning Act
as defined by this by-law above.
6.0 Exemptions
6.1 Notwithstanding any other provisions of this by-law, no conveyance of land or
payment of cash will be required where development or redevelopment is for the
purposes of:
6.1.1
The enlargement of an existing residential dwelling unit;
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By-Law 57-2022 Parkland Dedication
6.1.2
The construction of up to two additional residential dwelling units in an
existing residential dwelling unit provided that the total gross floor area
of the additional dwelling unit or the additional dwelling units
combined is not greater than the gross floor area of the existing
residential dwelling unit;
6.1.3
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
intensification or change of use is proposed;
6.1.4
Development on a lot for which cash-in-lieu of parkland has already
been paid.
6.1.5
Surplus farm dwelling consents, agricultural farm lot creation and
additional residential units in the agricultural zone.
7.0 Delegation of Authority
7.1 Subject to the provisions above, Council hereby delegates authority to the Chief
Administrative Officer, in consultation with Township Staff as may be appropriate
from time to time, to establish budgets, access to cash-in-lieu funds, and approve
expenditures of cash-in-lieu funds for eligible projects associated with an existing
park or for the creation of a new park that is not associated with the development
review process.
8.0 Appeal
8.1 Subject to Section 42(10) and 42(11) of the Planning Act, where there is a dispute
between the Municipality and the owner of the land on the value of the land,
amount of the land or payment of monies, either party may apply to the Local
Planning Appeal Tribunal and the Tribunal shall make the final determination.
9.0 That the effective date of this by-law shall be the date of passage thereof.
Read a first and second time this 19th day of July 2022.
Read a third time and finally passed this 19th day of July 2022.
______________________________________
Mayor, Glen McNeil
______________________________________
Clerk, Florence Witherspoon