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Corporation of the Town of Ingersoll
By-Law 22-5227
A by-law to provide for the conveyance of land for park and other recreational purposes
as a condition of development, redevelopment and subdivision of land for
residential purposes and to repeal by-law 13-4732
WHEREAS 42, 51.1 and 53 of the Planning Act, R.S.O. 1990, c. P. 13, as
amended, authorize local municipalities to pass by-laws requiring that land or cash-
in-lieu thereof be conveyed to the local municipality for park or other public
recreational purposes as a condition of development or redevelopment of land, the
subdivision, or the granting or provisional consent over land; and
WHEREAS policies contained within the Oxford County Official Plan pertain to the
conveyance of land or cash-in-lieu thereof to the Town for park or other public
recreational purposes as a condition of development or redevelopment under the
Planning Act; and
WHEREAS Council deems it necessary and expedient to enact a by-law to provide
for the provision of lands or cash-in-lieu thereof for park or other public recreational
purposes and the use of alternative requirements as set out in the Planning Act
and the Town's Official Plan; and Whereas Sections 23.1 to 23.3 of the Municipal
Act authorize the delegation of powers or duties of the municipality subject to
restrictions;
NOW THEREFORE the Council of the Corporation of the Town of Ingersoll hereby
enacts as follows;
1.0
Definitions
1.1 Definitions in this by-law,
"Act" means the Planning Act, R.S.O. 1990, c.P.13 as amended from
time to time.
"Cash-in-Lieu" means the payment of funds equivalent to the value of
the amount of land that the Town would otherwise have been entitled to
require to be conveyed for park purposes as part of a development. The
payment of cash-in-lieu is usually required as a condition of development
approval and is assessed as the value of the land the day before the
Town grants approval for the development, as specified in 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.
"Eligible Project" means:
(a) Acquisition of land for public park purposes.
(b) Capital projects for the development of new public parks which
may include any associated site preparation and drainage; the
provision of park facilities, such as, play equipment, sports fields
and pathways.
(c) Capital projects to increase the capacity of existing public parks
to accommodate more intensive public use; the provision of
additional park facilities, for example, play equipment, splash
pads and site furniture.
"Environmental Lands or Environmentally Sensitive Areas" means
any lands not to be developed for commercial, industrial or residential
purposes due to the presence of natural heritage features and functions
or natural hazards as will be established in accordance with the Provincial
Policy Statement, the County of Oxford Official Plan, and/or the Town of
Ingersoll Comprehensive Zoning By-law, all as in effect at the time of
establishment of the conveyance requirement.
"Redevelopment" means the removal of a building or structure from
land and the further development of the land or the substantial renovation
of a building or structure and a change in the character or density of the
use in connection therewith.
2.0
Statement
2.1 The Town shall ensure a consistent approach to parkland conveyance or
cash-in-lieu of parkland dedication and the appropriate use of all funds
collected for the provision of park and recreational purposes, pursuant
to Sections 42 and 51.1 of the Planning Act, by defining the purposes for
which 'cash-in-lieu' may be used and by establishing the mechanisms
by which the 'cash-in-lieu' funds are accessed and accounted.
3.0
Purpose
3.1 The purpose of this by-law is:
(a)
To identify the amount of land which is to be conveyed or in lieu of
the conveyances the amount of payment of money based on the
value of the land and intended use.
(b)
To identify the purposes for which funds, in the Town's cash-in-lieu
of parkland accounts, may be used.
(c)
To ensure that funds in 'cash-in-lieu' accounts are used for eligible
projects.
(d)
To identify the circumstances under which the Chief Administrative
Officer, the Director of Parks and Recreation and the Director of
Finance/Treasurer have delegated authority from Council to access
and use funds in 'cash-in-lieu' accounts.
4.0
General Provisions
4.1 This by-law applies to all land located within the geographic boundaries
of the Town of Ingersoll.
4.2 During the review process of a draft plan of subdivision or condominium,
zoning by-law amendment, site plan application or consent application,
the application and any associated plans, during its circulation process,
will be reviewed by the appropriate Department Head for their comment
as to the suitability and desirability of parkland. Following the review, the
Department Head will recommend to acquire new parkland, the
acceptance of cash-in-lieu of parkland dedication or an appropriate
combination thereof in accordance with this by-law.
4.3 The applicant for the subdivision of land or the owner responsible for its
development or redevelopment shall dedicate land to the Town as
required by legislation or shall provide conveyance and/or cash-in-lieu
as required by the Town as set out in this by-law.
4.4 Where a developer wishes to front end the cost of a park to enhance the
sale- ability of their development, park/sports equipment, trees and
fencing and site planning shall be provided by the developer to the
requirements of the Town.
4.5 If land has been conveyed or is required to be conveyed to the Town for
park purposes or a payment in lieu of such conveyance has been
received by the municipality or is owing to it under section 51.1 or 53 of
the Planning Act, no additional 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 the
development; or, (b) land originally proposed for development or
redevelopment for commercial or industrial purposes in now proposed
for residential or other uses.
4.6 The following shall be exempt from the provisions of this by-law:
- Development or redevelopment consisting solely of an Additional
Residential Dwelling unit as permitted by the Official Plan or Zoning
By-Law;
- Replacement of any building due to acts of nature or catastrophe
provided that the total GFA of the replacement building does not
exceed that of the prior building;
- Development or redevelopment undertaken by the Corporation of
the Town of Ingersoll or the County of Oxford;
- Development or redevelopment of public utility buildings; and
- Additions or interior renovations that do not result in the increase of
dwelling units.
4.7 This by-law shall be reviewed every five years or as necessary to confirm
or determine land values.
5.0
Conveyance of Land
As a condition of subdivision or the development or redevelopment of
lands in the Town of Ingersoll, the owner is required to convey to the Town
land for park or other public recreational purposes as follows:
5.1 For lands proposed for development or redevelopment for Residential
purposes, at a rate of 5% of the gross land area being developed or
redeveloped;
5.2 For lands proposed for development or redevelopment for Commercial
or Industrial purposes, land in the amount of two per cent (2%) of the
gross land area to be developed or redeveloped;
5.3 For lands proposed for development for use other than those referred to
in subsection 4.1 and 4.2, such as Institutional uses, land in the amount
of five per cent (5%) of the gross land area to be developed or
redeveloped.
5.4 Land dedicated to the Town for park purposes shall be leveled, serviced,
top- soiled, and, seeded to the specifications of the Town.
6.0
Suitability of Land
6.1 Only those lands suitable for parks development will be accepted as part
of the required parkland dedication. These lands shall be, in the opinion
of Council, suitable for use as municipal parkland and the following
criteria shall be considered as desirable lands:
a. adjacent to established parks, school yards or storm water
management areas;
b. within easy walking distance of the residential area served;
c. located near any area of multiple residential development;
d. with adequate street frontage to provide for visibility and safety;
e. that are level, regularly shaped and not susceptible to major flooding,
poor drainage, or other environmental or physical conditions which
would interfere with their development or use for public recreation.
6.2 The municipality may accept additional lands over and above the
required parkland dedication and may incorporate these lands into the
Town's park system. Such lands would be important to the Town's open
space resources and may include lands:
a. for storm water management areas;
b. having environmental or physical conditions which render them
unsuitable for development; and,
c. which are suitable for the development of corridors throughout the
Town for such uses as wildlife or pedestrian or biking trails.
6.3 In some cases, the gross land area may include natural features, such
as environmentally sensitive areas that are protected or otherwise
undevelopable. Any environmentally sensitive areas not intended for
public access should be excluded from the total subdivision area for
purposes of calculating the required parkland contribution.
7.0
Cash-in-Lieu of Parkland Dedication
In lieu of requiring the conveyances noted in Section 5.0 above, the Town
may require the payment of money at the time of the creation of any new lots
either by way of a plan of subdivision or by consent where the Town is entitled
to receive a conveyance for park or other recreational purposes under
Sections 51(25), 53(13) or 42(1) of the Planning Act, Council may require
payment of money by the owner of the land in lieu of accepting a conveyance,
pursuant to Sections 51.1(3) and 42(6).
7.1 The Town of Ingersoll may require cash-in-lieu of parkland, as provided by
the Planning Act, under the following circumstances:
(i)
Where the amount of parkland to be dedicated, in accordance with
the Planning Act, is of insufficient size, in the opinion of Council, to
be usable for normal public recreational activities;
(i)
Where an area is adequately served by municipal or other open
space lands;
(ii)
Where the Town wishes to combine the parkland dedications of a
number of small developments to provide for one large park area;
and,
(iv) Where the required dedication would render the remainder of the
site unsuitable or impractical for development.
7.2 That the Council shall in those cases where it is deemed advisable to
accept money in lieu of a conveyance, require the payment as per
Schedule 1 as attached.
7.3 The appraised value of the land shall be determined as of the day before
the date of issuance of the building permit in respect of the development
or redevelopment or where more than one building permit is required, as
of the day before the date of the issuance of the first permit.
7.4 The payment so required shall be paid to the Town:
(1) For the development or redevelopment of land, prior to the issuance
of a Building Permit;
(2) For a plan of subdivision, prior to registration;
(3) For a consent (severance), prior to final approval and receipt of
certificate.
8.0
Additions or Alterations
Notwithstanding any other provision in this By-law, this By-law shall not apply
where the development or redevelopment consists of the making of an
addition or alteration to an existing building or structure used for Commercial
or Industrial purposes, provided that the addition or alteration is used for
Commercial or Industrial purposes and considered minor.
9.0
Appraisal
9.1 To determine the cash-in-lieu payment required, where applicable, the
landowner seeking the approval for the development or redevelopment,
is required to submit an Appraisal Report, completed by a certified
appraiser, to the Town for review.
9.2 The cost of the Appraisal Report shall be the responsibility of the
landowner.
9.3 The Appraisal Report will be reviewed by staff and the landowner will be
notified of the required payment.
9.4 Where there may be a question regarding the validity of the Appraisal
Report, the report can be peer reviewed at the landowner's cost.
9.5 If there is a dispute on the value of the land, Council will be required to
make an appropriate determination on value based on the appraisal and
the peer review.
10.0
Eligible Projects
10.1 Cash-in-lieu shall only be used for 'eligible projects' permitted by the
Planning Act as further defined by this By-law.
10.2 Cash-in-lieu funds collected and allocated shall be free for use for any
'eligible project' defined in this by-law except for the following:
(a) Funds that are subject to an appeal to Council. These funds shall
not be committed to or used for any purpose until the appeal is
resolved.
(b) Funds that are collected through the development process that is
required to contribute to the acquisition of specific parkland
already identified.
11.0
Delegation of Authority
11.1 Subject to the provisions above the Council of the Town of Ingersoll
hereby delegates authority to the Chief Administrative Officer, the
Director of Finance/Treasurer and the Director of Parks and Recreation
to establish budgets, access 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 subject to the following:
(i)
The use of any amount of cash-in-lieu requires the concurrence of all
three senior staff named above;
(ii)
The acquisition of land requires the concurrence of the Chief
Administrative Officer and the Director of Parks and Recreation is to
be advised;
(iii)
The Director of Parks and Recreation shall confirm the availability of
funds with the Director of Finance/Treasurer prior to committing
funds to any project.
11.1.1 Delegates authority to the Chief Administrative Officer to
access and use cash-in-lieu funds for any eligible project
associated with the development review process including:
11.1.2 The acquisition of land requires the concurrence of the Chief
Administrative Officer and the Director of Parks and
Recreation is to be advised.
11.2
The Director of Finance/Treasurer will maintain a record of all cash-
in-lieu funds paid and allocated to use and a record of any funds
subject to appeal or intended for specific land acquisition projects.
11.3
The Director of Finance/Treasurer or delegate will provide a copy of
the record of available cash-in-lieu funds upon request or as part of
the financial report.
11.4
The Director of Finance/Treasurer and the Director of Parks and
Recreation will present a report to assist Council deliberations in the
annual budget process. The report will contain a statement
summarizing the status of the cash-in-lieu reserve funds. The annual
statement will document the funds allocated to 'eligible projects',
interest earned and the fees collected.
11.5
This does not apply to funds collected pursuant to the Development
Charges Act.
12.0
Short Title
12.1
This by-law may be referred to as the "Parkland By-law".
13.0
Enactment
13.1 This by-law shall come into effect on the day it is passed.
13.2 That by-law 13-4732 be repealed in its entirety.
READ a first and second time in Open Council this 12th day of September, 2022.
READ a third time in Open Council and passed this 12th day of September, 2022.
__________________________________
Edward (Ted) Comiskey, Mayor
__________________________________
Danielle Richard, Clerk
Schedule 'A'
to By-law Number 22-5227
The money to be paid in lieu of parkland to the Town shall be calculated as follows:
CONVEYANCE AND/OR CASH-IN-LIEU OF PARKLAND
TOWN OF INGERSOLL
Development Type
Conveyance and/or Cash-in-Lieu
Amount
Commercial or Industrial land uses
2% of appraised value
Residential and all other land uses, such
as Institutional
5% of appraised value
For one lot to a fifth abutting lot not on a
public road created through consent
(subject or remainder) upon which a
Residential Dwelling Unit would be
permitted.
$600/lot to be increased annually by the
Canada Inflation Rate or 5% of appraised
value whichever amount is greater
For each additional permanent Dwelling
Unit provided through a Zoning By-law
Amendment.
$600/lot to be increased annually by the
Canada Inflation Rate or 5% of appraised
value whichever amount is greater