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The Corporation of the Town of Pelham
By-law No. 3621(2015)
Being a By-law to Enact a New Parkland Dedication
By-law and to Repeal By-law No. 2682(2005)
WHEREAS section 42 of the Planning Act, R.S.O. 1990, Chapter P.13, as
amended, provides that as a condition of development or redevelopment of
land, the Council of a local municipality may, by by-law applicable to the
whole of the municipality or to any defined area or areas thereof, require
that land in an amount not exceeding, in the case of land proposed for
development or redevelopment for commercial or industrial purposes, two
percent (2%) and in all other cases five percent (5%) of the land to be
conveyed to the municipality for park or other public recreational purposes;
AND WHEREAS section 51.1 of the Planning Act, R.S.O. 1990, Chapter P.
13, as amended, provides that the approval authority may impose as a
condition of the approval of a plan of subdivision that land in an amount not
exceeding, in the case of a subdivision proposed for commercial and
industrial purposes, 2 percent (2%) and in all other cases 5 percent (5%) of
the land included in the plan shall be conveyed to the local municipality for
park or other public recreational purposes or, if the land is not in a
municipality, shall be dedicated for park or other public recreational
purposes;
AND WHEREAS section 53 of the Planning Act, R.S.O. 1990, Chapter
P.13, as amended, provides that a Council may impose, as a condition of
the giving of a provisional consent, that land be conveyed to the
municipality for park or other public recreational purposes, such land not
to exceed, in the case of land proposed to be severed for Commercial or
Industrial purposes 2 percent (2%), and in all other cases 5 percent
(5%);
AND WHEREAS in the case of land proposed for development or
redevelopment for residential purposes, pursuant to subsection 42(3) of the
Planning Act, R.S.O. 1990, Chapter P.13, as amended, a municipality may
require that such land be conveyed at the rate of up to one hectare for each
300 Dwelling Units, provided that the municipality has specific policies
dealing with the provision of lands for park or other public recreational
purposes, and the use of this alternative requirement is included within its
Official Plan;
AND WHEREAS the Council of The Corporation of the Town of Pelham
wishes to use the provisions of the Planning Act, R.S.O. 1990, Chapter P.13,
as amended, for the purposes of acquiring and providing parkland for the
use and enjoyment of the residents of the Town of Pelham;
AND WHEREAS the Council of the Corporation of the Town of Pelham
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deems it necessary and expedient to establish policies to ensure adequate
resources for the recreational and cultural needs of the Town of Pelham that
may be attributable to new development;
AND WHEREAS the Council of the Corporation of the Town of Pelham
deems it necessary and expedient to establish policies to ensure adequate
resources for the recreational and cultural needs of the Town of Pelham that
may be attributable to new development;
AND WHEREAS the Official Plan for the Corporation of the Town of Pelham
contains approved policies regarding the requirements for the conveyance of
land for park or other recreational purposes;
AND WHEREAS the Council of the Corporation of the Town of Pelham
desires to repeal and replace By-law No. 2682 (2005);
NOW THEREFORE Council of the Corporation of the Town of Pelham Enacts
as Follows:
1. Purpose
The purpose of this By-law is to accomplish the following objectives:
a) Ensure that lands are dedicated for park purposes as a result of the
development of land in the Town;
b) Ensure that when dedication is not required, cash-in-lieu of land for
park purposes is paid to the Town as a result of the development of
land; and
c) Ensure the provision of guidelines directing Staff in carrying out the
provisions of this By-law in a responsible and timely manner.
2. Definitions
In this By-law:
"Building Permit" means an application for a building permit issued by
the Chief Building Official of the Corporation of the Town of Pelham
approving an application for the construction, reconstruction or alteration
of any building or structure for which such permit is required pursuant to
the provisions of the Building Code Act, S.O. 1992, c.23, as amended, or
any successor thereto and the Town's Building By-law No. 2686 (2005),
as amended, being a by-law to implement and enforce the Building Code
Act as amended, or any successor thereto.
"Chief Building Official" means the Chief Building Official as appointed
by by-law of the Council of the Corporation of the Town of Pelham.
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"Consent to Sever Application" means an application for consent
pursuant to the provisions of Section 53 of the Planning Act, or any
successor thereto.
"Council" means the Council of the Corporation of the Town of Pelham.
"Development/Redevelopment" shall mean the construction, erection
or placing of one or more buildings or structures on a lot or the making of
an addition or alteration to a building or structure that has the effect of
increasing the size or usability thereof.
"Director of Community Planning & Development" means the
Director of Community Planning & Development of the Corporation of the
Town of Pelham.
"Lot" means an existing parcel of land or a parcel of land created by
Consent to Sever or registered Plan of Subdivision in accordance with the
provisions of the Planning Act, or any successor thereto.
"Plan of Subdivision Application" means an application for a plan of
subdivision pursuant to the provisions of Section 51 of the Planning Act,
or any successor thereto.
"Qualified Appraiser" means a member of the Appraisal Institute of
Canada in good standing.
"Site Plan Application" means an application for Site Plan Approval
pursuant to the provisions of Section 41 of the Planning Act, or any
successor thereto.
"Substantial increase to the size or usability of a Building or
Structure" means to provide more than the existing number of
residential units in the case of any lot used for residential purposes or
more than double the gross floor area of any building or structure on the
lot to be used for non-residential purposes.
"Town" means the Corporation of the Town of Pelham.
"Zoning By-law Amendment Application" means an application to
amend Town of Pelham Zoning By-law No. 1136 (1987), as amended,
pursuant to the provisions of Section 34 of the Planning Act, or any
successor thereto.
3. General Policies
3.1. The provisions of this By-law are applicable to all land under the
jurisdiction of the Corporation of the Town of Pelham;
3.2. Parkland dedication or cash-in-lieu thereof is required pursuant to
the provisions of Section 42 of the Planning Act, or any successor
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thereto, as a condition of development or redevelopment of lands
within the Town, in the amount of two per cent (2%) for
commercial or industrial and five per cent (5%) in all other cases.
Alternatively, for residential development proposals, Council may
require land to be conveyed for park or other public recreational
purposes at a rate of up to one (1) hectare for each 300 dwelling
units proposed. In lieu of the above requirement, Council may
require cash-in-lieu of parkland instead, as deemed appropriate;
3.3. The Town may require the dedication of land for park purposes
where the location of the parkland has been determined in
accordance with the policies of the Town of Pelham Official Plan. All
parkland acquisition in excess of five per cent (5%) or one (1)
hectare for each 300 dwelling units shall be at a price negotiated
with the Owner and shall be subject to the approval of Council;
3.4. The Town shall require cash-in-lieu of the dedication of land for
park purposes where lands are not required for park purposes;
3.5. The Town's policies with respect to the requirements for cash-in-
lieu of the dedication of land for park purposes are as stated in the
Town's Official Plan. The requirements are as set out in this By-
law;
3.6. Where reference is made in this By-law to appraisals, a letter of
opinion from a qualified appraiser shall be acceptable; and
3.7. The provisions of this By-law do not apply where owners apply to
the Corporation of the Town of Pelham for a building permit relating
to development or redevelopment of lands by way of structural
improvement, repair, replacement or enlargement of buildings or
structures already located on lands if the effect of such structural
improvement, repair, replacement or enlargement do not
substantially increase the size or usability of one or more buildings
on the lands and for the purpose of this By-law, the words
"substantially increase the size or usability" shall mean to provide
more than the existing number of residential units in the case of
residential land use or more than double the gross floor area of any
structure on lands to be used for non-residential purposes.
4. Detailed Policies
The dedication and acquisition of parkland as well as the collection of cash-
in-lieu thereof shall be required as follows:
4.1.
Existing Vacant Lots
The Town may at its sole discretion accept the dedication of land
for existing vacant lots, but will require cash-in-lieu of parkland
when land is not dedicated. Such payment shall be required
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pursuant to the provisions of Section 42 of the Planning Act prior
to the issuance of any Building Permit for the vacant lot.
Where lands are vacant agricultural lands designated and/or
zoned for agricultural purposes, the appraisal will be based on
the first 0.4 hectares (1 acre) of the lands. No cash-in-lieu
payment is required on vacant lands for Building Permits for
agricultural purposes including barns, silos, greenhouses,
storage buildings and accessory equipment, but excluding a
building used for residential purposes.
4.2.
Consent to Sever Applications
Concerning lots resulting from applications for Consent to Sever,
the Town will not accept land but will require cash-in-lieu of the
dedication of land for park purposes. Said payment shall be
required pursuant to the provisions of Sections 42 and 53 of the
Planning Act prior to the issuance of a Building Permit. The
Planning Services Department shall advise the Committee of
Adjustment upon circulation that the Town requires payment of
cash-in-lieu of the dedication of land pursuant to the provisions
of Section 42 of the Planning Act, upon the issuance of any
Building Permit for either the severed or retained parcel
whichever, is the vacant lot. Planning Services Staff will further
request the Committee of Adjustment to impose the following
condition of approval:
"That the applicant(s) sign the Town of Pelham's standard
"Memorandum of Understanding" explaining that development
charges and cash-in-lieu of the dedication of land for park
purposes are required prior the issuance of a Building Permit."
The purpose of the "Memorandum of Understanding" is to advise
the applicant that cash-in-lieu of the dedication of land is
required prior the issuance of a Building Permit and to ensure
that if the applicant sells the lot, that the applicant (vendor)
informs the purchaser of the requirement to pay cash-in-lieu of
the dedication of land prior to the issuance of a Building Permit.
4.3.
Plan of Subdivision Application
During the review of the application for draft plan approval, the
Planning Services Department shall review the plan with the
policies of the Town of Pelham Official Plan to determine if lands
have been identified for parkland acquisition. Where the Town
identifies that lands are required for acquisition, the Planning
Services Department shall ensure that the following condition of
draft plan approval is included in the Recommendation report to
the Committee of the Whole or Council:
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"Pursuant to the provisions of the Planning Act, that the Owner
convey Block/Lot ___ to the Town for park purposes."
In some instances, it will be necessary for the applicant to
convey lands in excess of the two percent (2%), five percent
(5%) or one (1) hectare for each 300 dwelling units requirement
where lands have been identified for parkland acquisition.
Where lands are in excess of the dedication requirement, the
Planning Services Department shall ensure that the following
condition of draft plan approval is included in the
Recommendation report to the Committee of the Whole or
Council:
"Pursuant to the provisions of the Planning Act, that the Owner
convey Block/Lot __ to the Town for park purposes and that the
Town negotiate with the Owner the value of those lands in
excess of the required park dedication requirements of the
Planning Act."
Where lands have not been identified for acquisition by the Town
for park purposes, the Town shall require cash-in-lieu of the
dedication. In such circumstances, the Planning Services
Department shall ensure that the following condition of draft
plan approval is included in the Recommendation report to the
Committee of the Whole or Council:
"That the Owner agrees in the Agreement to pay cash-in-lieu of
land for park purposes for each lot and/or block prior to the
issuance of a Building Permit pursuant to Section 42 of the
Planning Act, R.S.O. 1990."
4.4.
Site Plan Application
With respect to applications for Site Plan Approval, the Town will
require parkland and/or cash-in-lieu of the required dedication of
land in accordance with the provisions of Section 42 of the
Planning Act prior to the issuance of any Building Permit for the
development.
The Planning Services Department shall include the following
clause in the Site Plan Agreement:
"The Owner acknowledges and agrees that neither the Owner, or
any person under its authority shall be entitled to the issuance of
any Building Permit to construct any building or structure
contemplated by this Agreement and that the Town shall be
under no obligation to issue a Building Permit on the Lands until
the required cash-in-lieu of land or land for park purposes has
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been paid or dedicated to the Town."
4.5.
Zoning By-law Amendment Application
With respect to applications for Zoning By-law Amendment, the
Town will require cash-in-lieu of the dedication of land in
accordance with the provisions of Section 42 of the Planning Act
prior to the issuance of any Building Permit.
Planning Services Staff will further advise the Committee of the
Whole or Council in the Recommendation report to impose the
following condition of approval:
"That the applicant(s) sign the Town of Pelham's standard
"Memorandum of Understanding" which explains that the
development charges and cash-in-lieu of the dedication of land
for park purposes are required prior the issuance of a Building
Permit."
The purpose of the "Memorandum of Understanding" is to advise
the applicant that cash-in-lieu of the dedication of land for park
purposes are required prior the issuance of a Building Permit and
to ensure that if the applicant sells the lot, that the applicant
(vendor) shall inform the purchaser of the requirement to pay
cash-in-lieu of the dedication of land for park purposes prior to
the issuance of a Building Permit.
5. Process to Determine Land Values and Collection of Cash-In-Lieu of Lands
for Park Purposes
5.1. Existing Lots
Upon receiving an application for a Building Permit, the Chief
Building Official shall request the owner to provide a copy of the
deed to the property where the lands have been recently purchased
and the registration of the deed occurred less than twelve (12)
months from the application for Building Permit. In all other cases,
the applicant will be advised by the Planning Services Director that
an appraisal is required, wherein the value is to be determined as of
the day before the day of issuance of a Building Permit. Upon
receipt of the required appraisal, the Director of Community
Planning & Development shall advise the Chief Building Official of
the required cash-in-lieu payment and the Chief Building Official will
collect the cash-in-lieu payment prior to the issuance of the Building
Permit. The Chief Building Official shall not issue a Building Permit
until all required cash-in-lieu fees are collected as per the
conditions of development approval.
Where lands are vacant agricultural lands designated and/or zoned
for agricultural purposes, the appraisal will be based on the first 0.4
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hectares (1 acre) of the lands. No cash-in-lieu payment is required
on vacant lands for Building Permits for agricultural purposes
including barns, silos, greenhouses, storage buildings and accessory
equipment, but excluding a building used for residential purposes.
5.2. Consent to Sever
Upon receiving an application for a Building Permit, the Chief
Building Official shall request the owner to provide a copy of the
deed to the property where the lands have been recently purchased
and the registration of the deed occurred less than twelve (12)
months from the application for Building Permit. In all other cases,
the applicant will be advised by the Planning Services Director that
an appraisal is required, wherein the value is to be determined as of
the day before the day of issuance of a Building Permit. Upon
receipt of the required appraisal, the Director of Community
Planning & Development shall advise the Chief Building Official of
the required cash-in-lieu payment and the Chief Building Official will
collect the cash-in-lieu payment prior to the issuance of the Building
Permit. The Chief Building Official shall not issue a Building Permit
until all required cash-in-lieu fees are collected.
5.3. Plan of Subdivision Applications
Where lands are to be dedicated to the Town for park purposes, the
dedication of land for park purposes shall be required by the
subdivision agreement and shall be conveyed to the Town upon
registration of the Plan of Subdivision.
Where lands are to be dedicated to the Town for park purposes, and
the lands to be dedicated are in excess of the dedication amount
required, the dedication of land for park purposes shall be required
by the subdivision agreement and shall be conveyed to the Town
upon registration of the Plan of Subdivision. At such time as the
subdivision agreement is prepared, the Planning Services
Department will acquire the necessary appraisal from a qualified
appraiser. The appraisal shall establish the acquisition price for the
lands in excess of the dedication requirement (which is subject to
negotiation and the approval of Council). The payment to the
owner for any over dedication shall be made upon registration of
the Plan of Subdivision and the sale of the lands to the Town or
other agreed upon settlement.
Where cash-in-lieu of lands for park purposes is required, the cash-
in-lieu payment shall be required by the subdivision agreement.
The agreement shall provide that cash-in-lieu of lands for park
purposes will be required pursuant to Section 42 of the Planning Act
and that such payment shall occur upon application for Building
Permit. At such time as the subdivision agreement is prepared, the
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applicant may have the lots and/or blocks appraised by a qualified
appraiser, wherein the value is to be determined as of the day
before the day of issuance of a Building Permit. The appraisal shall
define the value of each type of lot and/or block to be created
based on the appraised value of the lands subject of the application
as of the day before the day of issuance of a Building Permit. The
Planning Services Department shall file such appraisal in the
appropriate subdivision file. The agreement shall also include
provision that all appraisals are valid for a period of twelve (12)
months, and that after such period, the Town may, at its sole
discretion, require an updated appraisal. Upon application for
Building Permit, the Chief Building Official shall collect the required
cash-in-lieu of payment prior to the issuance of a Building Permit.
The Chief Building Official shall not issue a Building Permit until all
required cash-in-lieu fees are collected.
5.4. Site Plan Applications
Upon receiving an application for a Site Plan Approval, the Director
of Community Planning & Development shall request the owner to
provide a copy of the deed to the property where the lands have
been recently purchased and the registration of the deed occurred
less than twelve (12) months from the application for Site Plan
Approval. In all other cases, the applicant will be advised by the
Planning Services Director that an appraisal is required, wherein the
value is to be determined as of the day before the day of issuance
of a Building Permit. Upon receipt of the required appraisal, the
Director of Community Planning & Development shall advise the
Chief Building Official of the required cash-in-lieu payment and the
Chief Building Official will collect the cash-in-lieu payment prior to
the issuance of the Building Permit. The Chief Building Official shall
not issue a Building Permit until all required cash-in-lieu fees are
collected.
5.5. Zoning By-law Amendment Applications and all Other Development
and Redevelopment Applications
In the case of Zoning By-law Amendment applications and other
development and redevelopment applications where there is not a
separate planning application such as a Consent to Sever, Plan of
Subdivision or Site Plan Approval application, payment of cash-in-
lieu of parkland dedication shall be required prior to the issuance of
a Building Permit and payments shall be required pursuant to
Section 42 of the Planning Act. Upon receipt of an application for a
Building Permit, the Chief Building Official shall request the Owner
to provide a copy of the deed to the property where the lands have
been recently purchased and the registration of the deed occurred
less than twelve (12) months from the application for Building
Permit. In all other cases, the applicant will be advised by the
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Director of Community Planning & Development that an appraisal is
required, wherein the value is to be determined as of the day
before the day of issuance of a Building Permit. Upon receipt of the
required appraisal, the Director of Community Planning &
Development shall advise the Chief Building Official of the required
cash-in-lieu payment and the Chief Building Official will collect the
cash-in-lieu payment prior to the issuance of the Building Permit.
The Chief Building Official shall not issue a Building Permit until all
required cash-in-lieu fees are collected.
6. Appraisal Fees
All fees associated with all required appraisals shall be the responsibility
of the applicant.
7. Expiry of Appraisals
All appraisals shall be valid for a period of twelve (12) months. If for any
reason, the development or redevelopment does not proceed during the
twelve (12) month period, an updated appraisal may be required at the
sole discretion of the Director of Community Planning & Development and
all policies set out herein shall apply.
8. Exempt Lands
Lands not considered suitable for parkland conveyance shall be
determined by the Town. The Town retains the right to not accept the
conveyance of any land that is considered to be unsuitable for park or
public recreation purposes and without restricting the generality of the
foregoing, land having any of the following features:
i) Lands within any Environmental Protection designation and/or
which have been identified as hazard lands, including associated
setbacks and buffer zones;
ii) Steep or unstable slopes, including associated setbacks and
buffer zones;
iii) Unstable soil or unconsolidated fill;
iv) Contaminants or are suspected of being contaminated as defined
by Provincial regulations;
v) Any easement, or right-of-way that limits or restricts the Town's
use of the land; and/or,
vi) Lands that have been conveyed to the Town or other public
agency for storm water management, conservation purposes,
roadways, walkways/paths/trails, or any other non-parkland
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purposes.
9. Prepayment
Prepayment of the cash-in-lieu of lands for park purposes may be made
by an applicant for Building Permit prior to an appraisal being received to
expedite the issuance of a Building Permit. The amount required shall be
determined by the Director of Community Planning & Development and
must be accompanied by a letter of understanding to pay any balance
owing upon the proper appraisal being received. Any overpayment by
the applicant shall be refunded forthwith by the Chief Building Official
after proper appraisal and no interest shall be payable by the Town on
such overpayment. Similarly, any underpayment shall become
immediately due and payable upon receipt of proper appraisal and no
interest shall be required.
10. Credit
10.1. Any previous conveyance of parkland or payment of cash-in-lieu
thereof shall be credited against parkland dedication or cash-in-lieu
required.
10.2. The amount of the credit will be as paid and will not be considered
with interest or at current value. This section applies to any
agreement or actions pursuant to Sections 41, 51 or 53 of the
Planning Act, or any successor thereto and such agreements or
actions remain subject to the Planning Act as was in force at that
time.
10.3. The provisions of this By-law do not apply where the owner applies
for a Building Permit relating to development or redevelopment for
structural improvements, repairs, replacement or enlargement of
buildings or structures already located on the lands if the effect of
such structural improvements, repairs, replacement or
enlargements do not substantially increase the size or usability of
one or more buildings on the lands.
11.
Municipal Allocation of Funds
Cash-in-lieu of lands for park purposes reserve funds are allocated by
the Council according to the following priorities:
i) Acquisition of parkland to be used for park or other recreational
purposes;
ii) Development of parkland, including grading, drainage, seeding
or sodding, provision of playing fields, playground equipment,
pathways and pathway lighting;
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iii) Maintenance of lands, buildings or structures; and
iv) Acquisition of machinery and equipment for the maintenance of
parkland.
12.
Procedures for the Acquisition of Land for Park Proposes
Where the Town intends to acquire lands for park purposes (in excess
of the required dedication), the Town will enter into any necessary
negotiations with the property owner to establish the acquisition price.
The acquisition price is subject to the approval of Council.
13.
Appeal of Appraisals
13.1. If, in the opinion of the Director of Community Planning &
Development, the report of the appraisal is inappropriate or
incorrect, the Director may request the provision of a revised or
second appraisal.
13.2. If the Owner disagrees with the position of the Director, an appeal
may be lodged with Council, and Council shall determine the
appropriate action. Where Council and the Owner cannot agree on
the cash-in-lieu of lands for park purposes, the provisions of the
Planning Act shall apply.
14. Repeal
That By-law 2682(2005), being a by-law requiring land or cash-in-lieu
thereof for park purposes be and is hereby Repealed.
15.
Effective Date
That this By-law shall become effective from and after the date of
passing thereof.
Enacted, Signed and Sealed this
01st Day of June, 2015.
___Original By-law Signed___
Dave Augustine, Mayor
___Original By-law Signed___
Nancy J Bozzato, Town Clerk