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THE CORPORATION OF THE TOWNSHIP OF UXBRIDGE
BY-LAW NUMBER 2000-071
To require a park dedication as a condition of development
or redevelopment of land.
·
The Council of The Corporation of the Township of Uxbridge HEREBY ENACTS as
follows:
1.
In this by-law,
a.
"Development or Redevelopment" means the construction, erection or
plating of one or more buildings or structures on land or the making of
a'n addition or alteration to a building or structure that has the effect
of substantially increasing the size or usability thereof; and
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.
c.
"Township" means The Corporation of the Township of Uxbridge.
2.
This by-law applies to all land located within the geographic boundaries of the
Township of Uxbridge.
3.
As a condition of Development or Redevelopment of land for residential
purposes, the owner of such land shall convey or 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 five percent (5%) of the land
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 residential purposes
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 purpose other
than residential purposes, the owner of such land shall convey or 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.
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 Township Council, the payment of money in the form of
cosh-in-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
\
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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.
7.
Any payment of money or conveyance of land 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.
B.
Where a conveyance of land or a payment in lieu of land has been made to the
Township for park or other public recreation purposes pursuant to a condition
imposed under Sections 42,51.1 or 53 of the Planning Act, R.S.O. 1990, c. P.13,
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 of 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.
9.
If there is a change under subsection B(a) or (b), the land that has been
conveyed or is required to be conveyed or the payment of money that has been
received or that is owing, as the case may be, shall be included in determining
the amount of land or payment of money in 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
conveyance or payment was made.
10.
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.
11.
For the purposes of determining the amount of the cosh-in-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.
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12.
The provisions of this by-law shall not apply in respect of any Development or
Redevelopment of land where an application for a building permit for such
Development or Redevelopment was accepted by the Township's Chief Building
\ Official pursuant to the Building Code Act prior to the date that this 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.
13.
By-law No. 94-019, as amended from time to time, and Resolutions No. 5-96 and
98-071 are hereby repealed.
14.
This by-law shall come into force and effect on the date of its enactment.
READ a FIRST, SECOND and THIRD time and finally passed this 12th day of June,
2000.
~OR
CLERK
D:\Myfiles\BYLAWS\Parkland By-law.wpd
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CASH-IN-LIEU OF PARKLAND POLICY
RESOLUTION NO. 20b0-055
DATED:
JUNE12TH,2000
Page 27
WHEREAS Sections 51 and 53 of the Planning Act, R.S.O. 1990, c. P.13, as amended from time to time,
provide that a condition may be imposed upon the approval of a plan of subdivision and upon the granting of·
a consent' requiring the conveyance of land to the local municipality for park or other public recreational
purposes, or cash-in-lieu thereof.
NOW THEREFORE, BE IT RESOLVED that for all approvals of plans of subdivisions for other than
residential purposes and for the granting of all consents pursuant to the Planning Act, R.S.O. 1990, c. P.13,
as amended from time to time, within the Township of Uxbridge, it shall be the policy of The Corporation
<
of the Township of Uxbridge that:
·
1. As a condition of the granting of a consent or approval of a plan of subdivision for non-residential
purposes or passing a by-law deeming part lot control not to apply for lands other than those proposed
for residential purposes, the cash-in-lieu conveyance of land or cash-in-lieu of parkland payable pursuant
to By-low No. 2000-071 shall be payable:
(b)
in the case of all consents, prior to the stamping of the deed or the granting of the certificate
for the consent and in such case, shall be valued as of the day prior to the granting of the
consent; and
,.
(c) in the case of the approval of a draft plan of subdivision for nonresidential purposes and in the case
of the passing of a by-low deeming part lot control not to apply for non-residential purposes, prior
to the giving of final approval to the said draft plan of subdivision or prior to the passage of the said
part lot control exemption by-law, as may be the case and in such case, the land or the cash-in-lieu
shall be valued as of the day prior to the giving of draft plan approval or the day prior to the
enactment of the said by-law;
and not at the building permit stage. In all other respects, By-law No. 2000-071 shall apply to all such
consents, draft plan of subdivision approvals and part lot control exemption by-lows.
2. Where an application for a consent involves the severance of a form into two 100 acre (or greater)
parcels, the maximum cash-in-lieu of parkland payable pursuant to By-law No. 2000-071 or the Planning
Act shall be $10,000.00.