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Parkland Dedication By-law 2022-51
Page 1 of 8
Corporation of the Town of Newmarket
By-law 2022-51
OFFICE CONSOLIDATION
This is a consolidation of the Town's By-law to provide for the conveyance
of land and cash-in-lieu thereof for park other purposes in the Town of
Newmarket, being By-law 2022-51, as amended by the below listed by-
laws and is prepared for reference and information purposes only. The
following consolidation is an electronic reproduction made available for
information only. It is not an official version of By-law 2022-51. Official
versions of all by-laws can be obtained from Legislative Services by calling
905-953-5300. If there are any discrepancies between this consolidation
and By-law 2022-51 and listed amending by-laws the official by-laws shall
prevail.
2023-06 - January 23, 2023
Amend Subsection 9.1(a)
A By-law to provide for the conveyance of land and cash-in-lieu thereof for park or other
purposes.
Whereas Sections 42, 51.1 and 53 of the Planning Act, RSO 1990, c P. 13, as
amended, authorizes local municipalities to pass by-laws requiring that land or cash-in-
lieu thereof be conveyed to the local municipality as a condition of development or
redevelopment of land, the subdivision land, or the granting of provisional consent over
land;
And whereas the Council for the Corporation of the Town of Newmarket has adopted
policies within its Official Plan pertaining to the conveyance of land or cash-in-lieu
thereof to the Town as a condition of development or redevelopment under the Planning
Act, as amended;
And whereas Council for the Corporation of the Town of Newmarket deems it necessary
and expedient to enact a by-law to provide for the provision of lands for park or other
public recreational purposes and the use of alternative requirements therefor;
And whereas Council for the Corporation of the Town of Newmarket desires to repeal
and replace By-law 2017-56, as amended to provide for the conveyance of land and
cash-in-lieu thereof for park and other purposes;
Now therefore the Council for the Corporation of the Town of Newmarket enacts as
follows:
DEFINITIONS:
In this by-law:
(a)
"Building permit" means a permit issued pursuant to the Ontario Building Code
Act, as amended.
(b) "Cash-in-lieu" means a payment of money for park or other public recreational
purposes which is collected in lieu of a conveyance of land which would otherwise
be required to be conveyed pursuant to the parkland provisions of the Planning Act
as incorporated into this by-law.
Parkland Dedication By-law 2022-51
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(c) "Development" means:
i.
the construction, erection or placing of one or more buildings or structures
on land;
ii.
the making of an addition or alteration to a building or structure that, in the
opinion of Town staff, has the effect of substantially increasing the size or
usability thereof;
iii.
the laying out and establishment of a commercial parking lot;
iv.
the subdivision of land;
v.
the granting of provisional consent.
(d) "Dwelling unit" means any property that is used or designed for use as a
domestic establishment in which one or more persons may sleep and prepare and
serve meals.
(e) "Gross Floor Area" has the same meaning as in the Town of Newmarket's
Development Charges By-laws 2019-46, 2019-47, 2019-48, as amended or
replaced.
(f)
"Land area" means a legal land parcel, including the portion of land which is to be
conveyed for park purposes, but shall not include: stormwater management areas;
lands identified for future road widenings; lands identified for future burying of
hydro or related utility facilities; floodplain lands; natural heritage features and
hydrologic features identified in the Town Official Plan or Zoning By-Law; natural
heritage features and hydrologic features identified by a required Environmental
Impact Study; or floodplain lands.
(g) "Owner" means the registered owner of the land to be developed, redeveloped, or
subdivided.
(h) "Pocket Park" means a small park that accommodates passive recreation
activities and other unstructured activities. Pocket Parks are between 70 and
2500 square metres in size, have frontage on at least one public street, and are
primarily hard surfaced with limited soft surface elements.
(i)
"Privately Owned Public Space" means physical space that is privately owned
but appears and functions as public space. These spaces: are secured through an
easement in favour of the Town; are designed and maintained to the standards
established by the Town; and remain open and accessible to the public or on a
schedule established by agreement with the Town.
(j)
"Redevelopment" shall have the same meaning as development.
(k) "Sliver Space" means physical space that adds to the width of the abutting public
sidewalk system. They create plazas or forecourts between the face of the building
and the abutting street right-of-way.
(l)
"Strata Park" means publicly owned parkland or a publicly accessible privately
owned open space located on top of buildings or structures, including but not
limited to parking garages. The strata component of this definition refers to the
horizontal delineation of ownership, as it is described in the Ontario Condominium
Act.
(m) "Pedestrian Mews" means a short, pedestrian-only laneway having a minimum
width of 6 metres.
(n) "Temporary" in reference to a building or structure, means a building or structure
constructed, erected or placed on land with the explicit understanding that that
such building or structure is to be demolished by a set time, as indicated in a legal
agreement with the Town.
(o) "Town" means the Corporation of the Town of Newmarket.
Parkland Dedication By-law 2022-51
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PART 1 - CONVEYANCE REQUIRED AS A CONDITION OF DEVELOPMENT OR
REDEVELOPMENT
1.1
As a condition of development or redevelopment of land, the Town shall
require the conveyance of land to the Town or a cash-in-lieu equivalent to the
value of the land required to be conveyed under this by-law for park or other
public recreational purposes.
1.2
Conveyance, including the location and configuration shall be in the form of
land, cash-in-lieu or a combination of cash and land, at the discretion of the
Town.
PART 2 - APPLICABILITY
2.1
This by-law applies to all lands within the corporate limits of the Town.
PART 3 - CALCULATION OF CONVEYANCE
3.1
As a condition of development or redevelopment of land, the Town shall
require the conveyance of land or cash-in-lieu equivalent to the Town for parks
and other public recreational purposes as follows:
Outside Urban Centres
Inside Urban Centres
Commercial
or Industrial
Uses
- 2% of the land area
proposed for development
or redevelopment; or
cash-in-lieu equivalent.
- 2% of the land area
proposed for development
or redevelopment; or cash-
in-lieu equivalent.
Mixed Use
- The cumulative amount for
the various uses proposed
at their respective rates
specified by this by-law; or
cash-in-lieu equivalent.
- The cumulative amount for
the various uses proposed,
at their respective rates
specified by this by-law
(utilizing either the provided
residential ratio or the
alternative residential
requirement of the Planning
Act, whichever is less), up to
a maximum of 50% of the
land area proposed for
development or
redevelopment; or cash-in-
lieu equivalent.
Residential
Uses
- 1 hectare per 300 dwelling
units, or 5% of the land
area proposed for
development or
redevelopment, whichever
is greater, or
- Cash-in-lieu equivalent of
5% of the land area for
development or
redevelopment or 1
hectare per 500 dwelling
units, whichever is greater.
- 0.7 hectares per 1000
residents, or the alternative
residential requirement of the
Planning Act, whichever is
less, up to a maximum of
50% of the developable area
of any site; or cash-in-lieu
equivalent.
All Other
Uses
- 5% of the land area
proposed for development
or redevelopment; or
cash-in-lieu equivalent.
- 5% of the land area
proposed for development
or redevelopment; or cash-
in-lieu equivalent.
Parkland Dedication By-law 2022-51
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Additional Parkland Requirement for Residential Applications on Larger Sites
within the Urban Centres
3.2
Within the areas subject to the Urban Centres Secondary Plan, the Town shall
require, as part of or in addition to the requirements provided in Part 3.1, that all
development or redevelopment applications that include residential uses on
sites greater than 1000 square metres in size, identify a physical land
contribution to the Urban Park System, as follows:
(a) An Urban Park System land contribution of not less than 7.5% of the
developable site area; and/or
(b) An Urban Square or Plaza, Pocket Park or Sliver Space with a minimum
frontage on a public street of 7.5 metres, and a minimum size of 75 square
metres. Larger sites shall include larger Urban Squares or Plazas and/or
multiple Urban Park System elements; and/or
(c) Pedestrian Mews with a minimum width of 6 metres.
The remainder of the required parkland dedication may be made up of an off-
site land dedication, or cash-in-lieu of land, or some combination of land and
cash-in-lieu.
For sites less than 1000 square metres in size, the Town may accept an on-site
land contribution, an off-site land contribution and/or cash-in-lieu of land.
PART 4 - PARKLAND CREDIT
4.1
Within the areas subject to the Urban Centres Secondary Plan, physical land
conveyed and deemed acceptable by the Town, including but not limited to
Neighbourhood Parks, Urban Squares, Plazas, Pocket Parks, Sliver Spaces
and Pedestrian Mews within the Urban Centres, shall receive 100% credit
toward the achievement of the parkland dedication requirement of the Town, in
accordance with the requirements of Part 3 of this by-law.
4.2
Within the areas subject to the Urban Centres Secondary Plan, Privately
Owned Public Spaces and Strata Parks that are not in public ownership may
be considered as contributing toward the parkland dedication requirement of the
Town, as long as appropriate legal agreements between the Owner and the
Town are in place to ensure that they are designed and maintained to Town
standards and are open and accessible to the public.
4.3
Where Privately Owned Public Space is designed and secured through a
public easement for public uses such as interior courtyards, private/public
squares and Pedestrian Mews linkages designed to be open and accessible to
the general public and maintained to Town standards, 50% of the value of the
land secured through an easement for such uses shall be applied as a credit
towards the land requirements or cash-in-lieu required for parkland. This credit
reflects the fact that these lands are not under the control of the Town, which
will restrict the ability of the Town to design, manage and program the space as
it wants over time.
4.4
Where development or redevelopment proposes a Strata Park that is to be
owned by the Town, 80% of the value of the land required for parkland shall be
applied as a credit towards the land requirements or cash-in-lieu required for
parkland. This credit takes into account this type of parkland's inherent use
limitations. For clarity, the 80% credit described in this section only applies
where Strata Parks are not Privately Owned Public Spaces.
4.5
Where land is dedicated to the Town for the purpose of the future burying of
hydro and related utility facilities across the frontages of Yonge Street or Davis
Drive, 10% of the value of the land being dedicated shall be applied as a credit
towards the land or the cash-in-lieu required for parkland.
Parkland Dedication By-law 2022-51
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4.6
Where development or redevelopment is within the Historic Downtown
Heritage Conservation District or affects a property designated pursuant to
Parts IV, V and VI of the Ontario Heritage Act and an identified cultural heritage
resource is conserved, 20% of the value of the land required for parkland shall
be applied as a credit towards the land requirements or cash-in-lieu required
for parkland.
4.7
Within the areas subject to the Urban Centres Secondary Plan, the Town may
accept a full or partial off-site land dedication in-lieu of an on-site land
dedication, as long as the value of the land for the off-site land dedication is of
equal or greater value than that for the on-site land dedication, as determined
by Part 4 of this by-law. The off-site dedication may be a complete or partial
parkland contribution with reference to the land area and cash-in-lieu value
being provided.
PART 5 - DETERMINATION OF CASH-IN-LIEU VALUE
5.1
To determine a cash-in-lieu value of land as required by Part 3 of this by-law,
land value shall be determined as of the day before the building permit is
issued in respect of the development or redevelopment.
5.2
For the purposes of Part 5.1 of this by-law, the value of the land for which
payment is being made in lieu of a conveyance shall be established by way of
an appraisal of the fair market value of the land by a qualified professional
appraiser of real estate with experience appraising all types of real property.
The appraisal shall be obtained by the Owner and shall be at the sole cost and
expense of the Owner.
5.3
All appraisals obtained pursuant to this by-law shall state the criteria used to
determine the value within the appraisal and shall be satisfactory to the Town.
5.4
An appraisal shall remain current for a maximum period of two years from the
date of the appraisal.
PART 6 - TIMING OF LAND CONVEYANCE / CASH-IN-LIEU PAYMENT
6.1
Where land is required to be conveyed to the Town, and/or cash-in-lieu is
required to be paid to the Town in accordance with Part 3 of this by-law:
(a) Title for the land to be conveyed or the payment of cash-in-lieu thereof for
any development or redevelopment under Section 42 of the Planning Act
shall be received by the Town prior to the issuance of any building permit
for the proposed development or redevelopment.
(b) Title for the land to be conveyed or the payment of cash-in-lieu thereof shall
be received by the Town in accordance with the conditions of approval of a
plan of subdivision or condominium pursuant to Section 51 of the Planning
Act or the conditions of provisional consent pursuant to Section 53 of the
Planning Act.
PART 7 - PHASED DEVELOPMENT
7.1
Notwithstanding Parts 5 and 6 of this by-law, for development or
redevelopment which occurs pursuant to either of Sections 41 or 51 of the
Planning Act and for which approvals are issued in phases, the Town shall
calculate and require the conveyance of land for park purposes or the payment
of cash-in-lieu in accordance with the provisions of this by-law, on a phase by
phase basis.
Parkland Dedication By-law 2022-51
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PART 8 - EXEMPTIONS
8.1
This by-law shall not apply to the following:
(a) Development or redevelopment of land, buildings or structures owned by
and used for the purposes of the Town.
(b) Development or redevelopment of land, buildings or structures owned by
and used for the purposes of the Regional Municipality of York, including
Housing York Inc., or provincial government.
(c) Development or redevelopment of land, buildings or structures owned by
and used for the purposes of a Board of Education and/or Newmarket
Library Board.
(d) A college, university or a school defined in the Education Act.
(e) Development or redevelopment of land, buildings or structures owned by
and used for the purposes of Southlake Regional Health Centre.
(f) Not for profit palliative care facilities.
(g) The replacement of any building that is a direct result of destruction due to
accidental fire or other accidental cause beyond the control of the Owner
provided that no intensification or change in use is proposed, including but
not limited to an increase in total dwelling unit count or gross floor area.
(h) The enlargement of an existing single detached or semi-detached dwelling
unit provided the enlargement does not result in an additional dwelling
unit.
(i) An accessory dwelling unit permitted by the Town's Official Plan and/or
Zoning By-law in effect.
(j) The enlargement of an existing commercial, industrial, or institutional
building if the gross floor area of the enlargement is 10% or less than the
current gross floor area of the existing building or structure. This
exemption shall not apply to enlargements that are 929 square metres or
greater in gross floor area.
(k) A temporary building or structure.
(l) Where the total cash-in-lieu payable for development or redevelopment
is less than $100.
PART 9 - LANDS NOT ACCEPTABLE FOR PARKLAND CONVEYANCE
9.1
The following lands shall not be acceptable for parkland conveyance:
(a) Lands designated as Natural Heritage System in the Town's Official Plan or
lands designated Floodplain and Hazard Lands in the Town's Urban
Centres Secondary Plan. Floodplain lands may only be deemed acceptable
for parkland conveyance if written approval for such a use has been
received by the Town from the Lake Simcoe Region Conservation Authority
and the lands are deemed acceptable by the Town.
i.
Notwithstanding subsection 9.1(a), lands designated as Natural
Heritage System in the Town's Official Plan may be deemed
acceptable for parkland conveyance when the following two criteria are
met:
1. The lands designated as Natural Heritage System abuts a
Town-owned park; and
Parkland Dedication By-law 2022-51
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2. The lands designated as Natural Heritage System and the
abutting Town-owned park are both identified by the Town for
combined public park uses through a Council decision or in a
Town approved plan.
ii.
For the purpose of subparagraph 9.1(a)(i)(2), public park uses shall
exclude trails that are identified in the Newmarket Active
Transportation Implementation Plan or in the Town's Official Plan.
iii.
Where lands are conveyed to the Town pursuant to paragraph 9.1(a)(i)
for park purposes, a maximum of 50% of the area of the land shall be
considered as parkland conveyance in satisfaction of section 42 of the
Planning Act.
(b) Any natural heritage feature or hydrologic feature defined by the Provincial
Policy Statement (PPS) as significant, or as identified as significant through
an Environmental Impact Study.
(c) Stormwater management facilities.
(d) Lands that are deemed to be contaminated.
(e) Lands used for utility corridors or any other infrastructure, with the exception
of lands dedicated to the Town for the undergrounding of hydro
infrastructure along the Yonge Street and Davis Drive corridors.
PART 10 - DISPUTES
10.1
Notwithstanding the provisions of Part 5 of this by-law, and in the event of a
dispute between the Town and the Owner on the value of the land as
determined under Part 5 of this by-law where the value of the land is not
satisfactory to either party, either party may apply to the Ontario Land Tribunal
to have the value of the land determined.
10.2
If there is a dispute between the Town and the Owner on the value of the land
as determined under Part 5 of this by-law, the Owner may pay the amount
required by the Town under protest and shall make an application to the
Ontario Land Tribunal in accordance with the Planning Act.
PART 11 - GENERAL PROVISIONS
11.1
All lands conveyed to the Town under this by-law shall be in a condition
satisfactory to the Town and in accordance with the requirements of the Town's
Official Plan Policies respecting the acquisition of land, including but not limited
to the requirement for a Record of Site Condition pursuant to the Environmental
Protection Act.
11.2
All lands conveyed to the Town under this by-law shall be free and clear of title
encumbrances.
PART 12 - ADMINISTRATION
12.1
This by-law will be jointly administered by the Director of Planning and Building
Services and the Director of Financial Services.
12.2
As per the requirements of the Planning Act, the Director of Financial Services
shall maintain a record of all lands and cash-in-lieu received and including all
expenditures from the cash-in-lieu parkland reserve fund. The cash-in-lieu
parkland dedication record and associated financial statements shall be
reported to Council and made available to the public on a yearly basis.
Parkland Dedication By-law 2022-51
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PART 13 - EFFECTIVE DATE
13.1
This by-law shall come into force on the day it is enacted (the "Effective Date")
and By-law 2017-56, as amended, shall be repealed on the Effective Date.
PART 14 - TRANSITION
14.1
The provisions of this by-law shall apply to all development and
redevelopment applications pursuant to the Planning Act, as amended, which
are submitted and deemed complete on or after the Effective Date of this by-
law.
PART 15 - REVIEW OF THE BY-LAW
15.1
This by-law shall be reviewed with each Official Plan Review or at an earlier
time as prescribed by Council.
The portions of this by-law that are specifically subject to the Urban Centres
Secondary Plan shall be reviewed at least every 3 years.
15.2
Should any section or part of a section of this by-law be declared or determined
by a court or tribunal of competent jurisdiction to invalid, that portion of this by-
law shall be considered to be severed from the balance of this by-law, which will
continue to operate in full force and effect.
Enacted this 29th day of August, 2022.
John Taylor, Mayor
Lisa Lyons, Town Clerk