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THE CORPORATION OF THE CITY OF WELLAND
BY-LAW NUMBER c20~2, - J L{q
A BY-LAW TO REQUIRE THE CONVEYANCE OF LAND FOR
PARK OR OTHER PUBLIC RECREATIONAL PURPOSES AS
A CONDITION OF DEVELOPMENT OR REDEVELOPMENT
OR THE SUBDIVISION OF LAND
WHEREAS Section 42 of the Planning Act provides that the Council of a local
municipality may by by-law require that land be conveyed to the municipality for park or
other public recreational purposes as a condition of development or redevelopment of
lands; .
AND WHEREAS Subsection 42(3) of the Planning Act provides for an alternate land
conveyance rate of one hectare for each three hundred dwelling units proposed for
development provided the municipality has an official plan that c;;ontains specific policies
dealing with the provision of lands for park or other public recreational purposes at such
rate;
AND WHEREAS subsection 42(6.0.1) of the Planning Act permits _the City to require a
payment in lieu of land to be conveyed, calculated by using a rate of one hectare for
each 500 dwelling units proposed,· or such lesser rate as may be determined by the
City;
NOWHEREAS the Council of the City of Welland wishes to use these provisions to
acquire land and cash to be used for park or other public recreational purposes;
NOW THEREFORE the Council of the City of Welland enacts as follows:
SECTION ONE: DEFINTIONS
1.1. "Accessory Dwelling Unit" as defined in By-law No. 201.7-117 or its successor.
1.2. "City" means the Corporation of the City of Welland.
1.3. "Development" for the purposes of this By-law, 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.
1.4. "Dwelling Unit" as defined in By-law No. 2017-117 or its successor.
1.5. "Gross Land Area" means the total area of all lands contained in the subdivision
plan or development or redevelopment application including lands subject to
easements.
1.6. "Natural Heritage Feature" as defined by the City's Official Plan.
1.7. "Net Land Area" means the "Gross Land Area" minus any storm water
management facilities to be conveyed to the City, major utility corridors and
easements and any "Natural Heritage Features". Notwithstanding the above,
where water services, wastewater services, public roads, private roads and/or
parking lots are located within the major utility corridor/easement or the "Natural
Heritage Features", the respective portion of the lands where the improvements
are located are included as part of the Net Land Area.
1.8. "Owner" means the registered owner of the land proposed for development or
redevelopment.
1.9. "Redevelopment" for the purposes of this By-law, means the removal of a building
or structure from land and the further development of the land, the substantial
renovation of a building or structure, and a change in the use, character or the
density of the use in connection therewith.
1.10. "Waterfront" means a parcel of land that has direct access to a natural or man
made waterway. For the purposes ofthis By-law a natural or man-made waterway
shall mean the Welland River, Welland Recreational Canal, Welland Shipping
Canal. and Lyons Creek.
SECTION TWO: PARKLAND CONVEYANCE
2.
As a condition of the development or redevelopment of land, the owner of the land
shall convey to the City for park or other public recreational purposes:
2.1. In the case of land proposed for development or redevelopment for commercial
purposes, land in the amount of two percent (2%) of the Net Land Area to be
developed or redeveloped;
2.2. In the case of land proposed for development or redevelopment for residential
purposes:
2.2.1. Five percent (5%) of the Net Land Area proposed to be developed or
redeveloped; or
2.2.2. Alternatively, at a rate of one (1) hectare of the Net Land Area for each
300 dwelling units proposed for development or redevelopment.
2.3. In the case of land proposed for development or redevelopment for a use other
than those referred to in Section Two of this By-law, land in the amount of five
percent (5%) of the land within the Net Land Area to be developed or
redeveloped.
2.4. Where a development or redevelopment will include a mix of uses, the area of
the land required to be conveyed to the City for Parkland purposes shall be
determined in accordance with whicheversingle requirement of this Section will
result in the greatest total area of the Land being required to be conveyed to
the City for park or recreational purposes.
2.5. In the case of lands proposed for residential expansion, the City will require
parkland dedication based on the proportion of the number of proposed
additional dwelling units to the total number of units after development.
2.6. In the case of lands proposed for commercial, institutional and other non
residential expansion, including a building addition or construction of additional
free standing buildings, where no land has been previously dedicated, the City
will require parkland dedication based on the proportion of the floor area of the
new building addition to the total floor area after development.
SECTION THREE: REDEVELOPMENT
3.1. Further to the expansions described above is Section Two, redevelopment may
involve a conversion of existing space to another use. a change of density of
an Existing Use/space, or the demolition of existing space and construction of
new replacement floor space. The same principles apply as noted above with
regard to prorating new or converted space or dwelling units to the total floor
space or number of dwelling units after construction.
3.2. Land or cash-in-lieu required to be conveyed or paid for park or other public
recreational purposes pursuant this by-law shall be reduced by the amount of
land or cash-in-lieu previously received by the City pursuant to Section 42 of
the Planning Act in respect of the lands being developed or redeveloped.
SECTION FOUR: LOCATION OF PARKLAND
4.1. The location and configuration of land required to be conveyed shall be at the
sole discretion of the City and all such conveyances shall be free and clear of
all encumbrances.
4.2. Any conveyance or dedication of Natural Heritage Features, environmental
buffer lands, walkways and trails not shown on the City's Trails Master Plan,
major utility corridors and easements, floodplain or storm water management
facilities are not to be considered a conveyance for park or other recreational
purpose. The City will accept the conveyance of these lands for preservation
purposes.
SECTION FIVE: CASH-IN-LIEU OF PARKLAND DEDICATION
5.1. In lieu of the conveyance of land under this By-law, the City may require the
payment of money to the value of the land otherwise required to be conveyed
under this By-law, or a combination of land and money.
5.2. Cash-in-lieu of parkland dedication for Residential Uses shall be fixed at the
following dollar amounts per unit, subject to indexing as described in Section 6.
Dwelling Type
Fixed
Rate
Per Fixed
Rate
Per
Dwelling Unit
Waterfront Dwelling
Unit
Single
Detached
Dwellinas
Up to 11.99 m lot frontaqe
$9,750.00
$16,500.00
12 m to 14.99 m lot
$11,500.00
$18,250.00
frontage
15 m to 17.99 m lot
$13,250.00
$20,000.00
frontage
18
m
or
greater
lot
$15,000.00
21,750.00
frontage
Two Unit Dwellinas
$7,000.00
$13,750.00
Street
Townhouse
$4,750.00
$11,500.00
Dwellinas
Multiole Dwellinas
$3,000.00
$4,750.00
Aoartment Dwellina Unit
$1,625.00
$3,375.00
5.3. Notwithstanding 5.2, the City retains the right to require cash-in-lieu of parkland
dedication for Residential Uses at the alternative rate of one (1) hectare per
500 Dwelling Units.
5.4. The City will use the following land values per hectare to determine the
alternative dedication rate for cash-in-lieu of parkland dedication, subject to
indexing as described in Section 6:
Value of Land for Alternative Dedication Rate Calculations
Low Density Develooment
$1,800,000/hectare
Medium Density Development
$3,200, 000/hectare
Hiqh Density Development
$4, 100,000/hectare
5.5. To determine the cash-in-lieu value of land for Commercial, Institutional, and
other non-residential uses, 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 certified property appraiser. The appraisal
shall be obtained by the City.
SECTION SIX: INDEXING
6. Without an amendment to this By-law, the fixed rates and land values referred to in
Sections 5, starting the year following the year this By-law is passed, shall be the
result, rounded to the nearest five dollars, of a review undertaken by an independent
certified property appraiser on an bi-annual basis to ensure that all values listed
reflect the current market value.
SECTION SEVEN: VALUATION
7.1. Where the City requires the payment of money to the value of the land otherwise
required to be conveyed, such payments shall be made prior to the issuance of
the building permit for the land to be developed or redeveloped.
7 .2. The value of the land shall be determined as of the day before the day of the
issuance of the building permit in respect of the development or redevelopment,
or, where more than one building permit is required for the development, as of the
day before the day of the issuance of the first building permit.
7.3. The value of land referenced in Subsection 7.2 shall be determined using the
values referenced in Section 5.
SECTION EIGHT: PREVIOUS LAND DEDICATION OR CASH-IN-LIEU
8.1. Land or cash-in-lieu equivalent required to be conveyed to the City for park or
other public recreational purposes pursuant to this By-law shall be determined
having regard to the amount of land conveyed or cash-in-lieu of parkland
equivalent previously paid to the City pursuant to Sections 42 of the Planning Act
and no additional conveyance or payment in respect of the land subject to the
earlier conveyance or payment will be required by the City in respect of
subsequent development or redevelopment unless:
8.1.1.
There is a change in the proposed development or redevelopment which
would increase the density of development; or,
8.1.2. - Land originally proposed for development or redevelopment for
Commercial, Industrial, or Institutional purposes or uses exempted from
parkland dedication is now proposed for development or redevelopment
for other purposes.
SECTION NINE: CONVEYANCE OVER CASH-IN-LIEU
9.1. At its discretion, the City will opt to require conveyance of parkland over cash-in
lieu for developments and redevelopments where reasonably practical for:
9.1.1. Applications for development or redevelopment on large parcels of land
including but not limited to applications for Plans of Subdivision;
9.1.2. Areas of the City where it is determined that there is need for a park or other
public recreational purposes by consulting the City's Parks, Recreation, and
Culture Master Plan or its successor plan, Community Trails Strategy or its
successor plan, Official Plan, Northwest Welland Secondary Plan.
SECTION TEN: EXEMPTIONS
10. This by-law shall not apply to:
10.1.
Development or redevelopment of land, buildings or structures owned by
the City.
10.2.
Development or redevelopment of land, buildings or structures owned by
the Regional Municipality of Niagara.
10.3.
An Accessory Dwelling Unit permitted by the City's Comprehensive Zoning
By-law.
10.4.
Land proposed for development or redevelopment for Industrial purposes.
10.5.
Land proposed for development or redevelopment for Agricultural
purposes.
SECTION ELEVEN: TRANSITION
11.1. An application for Building Permit accepted by the City's Building Division in
accordance with the requirements of City of Welland Building Permit By-law 2020-
140, as amended, on or prior to August 18, 2022 shall be subject to the provisions
of Parkland Dedication By-law 2014 - 101.
11.2. This By-law shall come into force and By-law 2014-101 is repealed on AUGUST
19th, 2022.
READ A FIRST, SECOND AND THIRD TIME AND PASSED BY COUNCIL
THIS 18TH DAY OF AUGUST, 2022.
----W-+-
--,L--+=-----MAYOR
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CLERK