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THE CORPORATION OF THE TOWNSHIP OF SCUGOG
BY-LAW NUMBER 83-01
BEING A BY-LAW TO AMEND BY-LAW NUMBER 19-01
TO REQUIRE A PARK DEDICATION AS A CONDITION
OF DEVELOPMENT OR REDEVELOPMENT OF LAND
IN THE TOWNSHIP OF SCUGOG.
Law Number 19-01;
WHEREAS it is deemed expedient to amend By-
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
ScUGOG Enacts As Follows:
1.
read
THAT Section 12 be amended by adding a new sentence thereto which shall
as follows:
The amount payable as Lieu
Cash-in-of Parkland shall be in the amount determined
pursuant to Section 6 and this Section or $
2000 per lot, whichever is greater. "
2.
This By-Law shall come into full force and effect on the day of passing.
Read a First, Second and Third time and finally passed this 10th day of September, 2001.
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CLER , Kim Coates
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THE CORPORATION OF THE TOWNSHIP OF SCUGOG
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BY-LAW NUMBER 19-01
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BEING A BY-LAW TO REQUIRE A PARK DEDICATION AS
A CONDITION OF DEVELOPMENT OR REDEVELOPMENT
OF LAND IN THE TOWNSHIP OF SCUGOG.
THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SCUGOG hereby
enacts as follows:
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1.
In this By-Law:
a)
Development or Redevelopment" 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;
b)
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; and
c)
Township" means the Corporation of the Township of Scugog.
2.
This By-Law applies to all land located within the geographic boundaries of the
Township of Scugog.
3.
As
a condition
of Development or Redevelopment of land for residential
purposes, the owner of such land shall
to be
to the
conveyor cause
conveyed
Township, free and clear of all liens and encumbrances, land for park or other
public recreation
in the amount of five
of the land
purposes
percent (5%)
proposed for such Development. Notwithstanding the above, no land or payment
in lieu thereof, as hereinafter set out, shall be required in any application for
Development or Redevelopment on land for a residential Dwelling Unit which
does not result in an increase in the number of residential Dwelling Units erected
on the land beyond the number of such unit or units lawfully in existence up to
six (6)months prior to such Development or Redevelopment.
4.
As a condition of Development or Redevelopment of land for any
other
purpose
than residential purposes, the owner of such land shall conveyor cause to be
conveyed to the Township, free and clear of all liens and encumbrances, land for
park or other public recreation purposes in the amount of two percent (2%)
of the
land proposed for such Development;
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5.
The location and configuration of land required to be conveyed pursuant to
Sections 3 and 4 shall be determined by the Township.
6.
Notwithstanding Sections 3 and 4,unless the Township requires the conveyance
of land by resolution
of money in the form of cash-in-
of Council, the payment
lieu
of parkland, to the value of the land otherwise required to be conveyed by this
By-Law shall be required. The value of the land shall be determined as of the
day before the issuance of the building permit or where more than one building
permit is required, as of the day before the issuance of the first building permit.
lieu
7.
Notwithstanding Section3, where an owner of land is required to pay cash-in-
of a dedication of parkland for the granting of a consent in a residential infil
amount
shall
in
amount
situation only, the
payable
lot
be
the
payable
per
pursuant to Section 3 or $2000,whichever is less.
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8.
Any payment of money
or
of land
conveyance
required to be made to the
Township pursuant to the provisions of this By-Law shall be made prior to the
issuance of a building permit in respect of the Development or Redevelopment
or, where more than one building permit is required for the Development or
Redevelopment, prior to the issuance of the first permit.
9.
Where a
or a
in lieu of land has been made to the
conveyance of land
payment
Township for park or other public recreation
a condition
purposes pursuant to
imposed under Sections 1
42,51.or 53 of the Planning Act,RS.O.1990, c.
13,
P.
no additional conveyance or payment in respect to the land subject to the earlier
conveyance or payment shall
be required
in respect of the subsequent
Development or Redevelopment unless:
a)
there is a change in the proposed Development or Redevelopment which
would increase the density or development, or
b)
land
originally proposed
for Development
or Redevelopment for
commercial
or industrial purposes is now proposed for Development or
Redevelopment for residential purposes.
10.
If there is a change under subsections 8(a) or (b),
the land that has been
conveyed or is required to be conveyed or the payment of
that has
money
been
received or that is owing, as the case may be, shall be included in determining
the amount of land or payment of
in
money
lieu of it that may subsequently be
required under this section
on the Development, further Development or
Redevelopment of the lands or part of them in respect of which the original
or
made.
conveyance
payment was
11.
This By-Law shall apply to mixed use Developments or Redevelopments which
contain residential components. In such cases, the land to be conveyed or the
payment to be made in lieu thereof shall be calculated on that portion of the
mixed use Development or Redevelopment which will consist of residential uses
in accordance with Section 3 and on that portion of the mixed use Development
or Redevelopment which will consist of other than residential uses in accordance
with Section 4.
12.
For the
of
the amount of the cash-in-
purposes
determining
lieu of parkland
payable pursuant to Section 6 above, the lands shall be valued by a qualified
appraiser, acceptable to the Township and by the submission of a qualified
appraisal, also acceptable to the Township, to be undertaken at the sole expense
of the owner except that in the case of Development or Redevelopment which
results in the creation of only one additional residential Dwelling Unit, the Chief
Building Official may accept a value based on the recent sale of similar lots in the
vicinity, where same exist.
or
13.
The provisions of this By-Law shall not apply in respect of any Development
Redevelopment of land where an application for a building permit for such
Development or Redevelopment was accepted by the Township's Chief Building
date that this
Official pursuant to the Building Code Act prior to the
By-Law
comes
into effect and where the Development or Redevelopment had all
planning approvals in place and in effect before the date this By-Law comes into
effect.
14.
By-Law Number 59-94,as amended from time to time and Resolution No. 94-583
are hereby repealed.
15.
This By-Law shall come into full force and effect on the date of its enactment.
Read a First, Second and Third time and finally passed this 5th day of March, 2001.