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unofficial consolidation, the official version is held by the municipal clerk.
(amended B/L 12951, May 20/97)
(amended B/L 315-1999, Oct.25/99)
(amended B/L 407-2001, Nov.5/2001)
(amended B/L 429-2001, Nov.26/2001)
(amended B/L 33-2016, Mar.07/2016)
(amended B/L 126-2022, Sept 6/2022)
B I L L
No. 03
1 9 9 7
B Y - L A W N U M B E R 12780
A BY-LAW TO PROVIDE FOR THE
CONVEYANCE OF LAND OR THE PAYMENT
OF MONEY IN LIEU OF LAND TO THE
MUNICIPALITY FOR PARKS OR OTHER
PUBLIC RECREATIONAL PURPOSES
Passed the 6th day of January, 1997.
WHEREAS Section 42 of The Planning Act Chapter 13 R.S.O. 1990 as amended
provides that Council may by by-law applicable to the whole municipality or to any defined
area or areas thereof require land conveyances or the payment of money for park or other
public recreational purposes as a condition of development or redevelopment of land;
AND WHEREAS the Official Plan for the City of Windsor contains specific
policies dealing with the provision of land for park or other public recreational purposes
and also provides for an alternative requirement for the conveyance of lands as set out in
Section 42(4) of the said Act;
AND WHEREAS the Official Plan of the City of Windsor contains policies
dealing with the payment of money to the value of land otherwise required to be conveyed
and Section 42 (6) of the said Act provides for the payment of money;
AND WHEREAS it is deemed expedient to implement the provisions of the
Official Plan for the City of Windsor;
THEREFORE the Council of The Corporation of the City of Windsor enacts as
follows:
1.
In this by-law,
(a)
"Corporation" means the Corporation of Windsor;
(b)
"Council" means the Council of the Corporation;
(c)
"development" means the construction, erection or placing of one or more
buildings 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 which produces a net increase in the number of dwelling units
therein;
(d)
"frontage" means the distance measured on a horizontal plane between the
side lot lines, such distance being measured at a right angle to the line
joining the middle of the front lot line with either the middle of the rear lot
line or the apex of the triangle formed by the side lot lines, and at a point
thereon 20 feet distance from the front lot line.
(e)
Deleted by B/L 126-2022, Sept.6/22.
(f)
"land area" means the total area of all lands proposed for development or
redevelopment, including lands subject to easements or rights-of-way, or
lands dedicated or conveyed for public purposes;
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(g)
"owner" means the owner of the land proposed for development or
redevelopment;
(h)
"redevelopment" means the removal of buildings or structures from land
and the construction, erection or placing of other buildings or structures
thereon.
(i)
"Manager of Real Estates Services" means the Manager of Real Estates
Services for the Corporation from time to time. (amended B/L 126-2022,
Sept.6/22)
2.
As a condition of development or redevelopment of land for residential purposes,
the owner shall:
(a)
Convey to the Corporation for park or other public recreational purposes an
amount of land not exceeding five percent (5%) of the land proposed for
development or redevelopment; or (Deleted and Replaced B/L 126-2022,
Sept.6/22)
(b)
Deleted by B/L 126-2022, Sept.6/22.
(c)
Where the use of the lands is a lodging house, residential care facility or
group home, convey to the Corporation for park or other public recreational
purposes an amount of land not exceeding five percent (5%) of the land
proposed for development or redevelopment; (added B/L 315-1999,
Oct.25/99)
(d)
Convey in part, land to the Corporation and a sum of money equal to the
balance of the lands otherwise required to be paid under this by-law and the
value of the balance of the lands shall be determined as set out in Section 3.
(added B/L 126-2022, Sept.6/22)
2.1
As a condition of development or redevelopment of land for commercial or
industrial purposes, the owner shall convey to the Corporation for park or other public
recreational purposes an amount of land not exceeding two percent (2%) of the land
proposed for development or redevelopment. (added B/L 429-2001, Nov.26/2001)
2.2
In the event that the land is to be developed or redeveloped for more than one
purpose, then the provisions of this by-law shall apply to each such purpose in the same
proportion as the purpose for which the lands are to be developed or redeveloped. (added
B/L 429-2001, Nov.26/2001)
3.
Notwithstanding Section 2, the Council may require the payment of money equal
to the value of the land otherwise required to be conveyed under this by-law and, for the
purpose of determining the amount of such payment, the value of the land shall be
determined as of the day before the day of 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, as of the day before the issuance of the first permit;
3.1
Notwithstanding Section 2.1 the Council may require the payment of money equal
to the value of the land otherwise required to be conveyed under this by-law and, for the
purpose of determining the amount of such payment, the value of the land shall be
determined as of the day before the day of 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, as of the day before the issuance of the first permit.
(added B/L 429-2001, Nov.26/2001)
4.
As an alternative to determining the money equal to the value of the land required
to be paid under Section 3. or Section 5.(d), the money equal to the value of the land
required to be paid shall be as set out in the Fees and Charges By-law 392-2002, as
amended from time to time; (deleted and replaced B/L 126-2022, Sept.6/22)
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4.1
Where an owner disputes the
money equal to the land referred to in
Section 3, 3.1, or 4.2, the following shall apply: (amended B/L 126-2022,
Sept.6/22)
(a)
Where the land has been the subject of an arms-length transaction of purchase and
sale within the preceding twelve months, that sale price shall be deemed to be the
value of the land; or (amended B/L 126-2022, Sept.6/22)
(b)
An owner may provide an appraisal of the land, satisfactory to the Manager of Real
Estate Services, that has been prepared by an appraiser accredited with the
Appraisal Institute of Canada; or (amended B/L 126-2022, Sept.6/22)
(c)
The owner may apply to the Ontario Land Tribunal for a determination of the value
of the land
(added B/L 315-1999, Oct.25/99) (added B/L 12951, May 20/97) (added B/L
429-2001, Nov.26/2001) (amended B/L 126-2022, Sept.6/22) (amended B/L
126-2022, Sept.6/22)
4.2
Where money equal to the value of the land is required to be paid under this by-
law, it shall be determined by the Manager of Real Estate Services. (deleted and
replaced, B/L 126-2022, Sept.6/22)
5.
Notwithstanding Sections 2, 3, 4 and 4.1, as a condition of development or
redevelopment of land for residential purposes within the area bounded on the north by
Riverside Drive East, on the west by McDougall Avenue, on the south by University
Avenue and on the east by Hall Avenue, the owner shall:
(a)
Convey to the Corporation for park or other public recreational purposes an
amount of land not exceeding 5 percent of the land proposed for
development or redevelopment; or (deleted and replaced, B/L 126-2022,
Sept.6/22)
(b)
Deleted by B/L 126-2022, Sept.6/22.
(c)
Where the use of the lands is a lodging house, residential care facility or
group home, convey to the Corporation for park or other public recreational
purposes an amount of land not exceeding five percent (5%) of the land
proposed for development or redevelopment; or (amended B/L 315-1999,
Oct.25/99)
(d)
Notwithstanding paragraphs (a), or (c), the Council may require the
payment of a sum of money equal to the value of the land otherwise required
to be conveyed under this Section, and, for the purpose of determining the
amount of such payment, the value of the land shall be determined as of the
day before the day of 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, as of the day before the
issuance of the first permit; or (amended B/L 12951, May 20/97;
amended B/L 315-1999, Oct.25/99) (amended B/L 126-2022, Sept.6/22)
(e)
Convey in part, land to the Corporation and a sum of money equal to the
balance of the lands otherwise required to be paid under paragraphs (a) or
(c) and the value of the balance of the lands shall be determined as set out
in paragraph (d). (amended B/L 315-1999, Oct.25/99) (amended B/L
126-2022, Sept.6/22)
6.
By-law 7871 is repealed.
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7.
This by-law shall come into force and take effect on the day of the final passing
thereof.
DREW DILKENS, MAYOR
CITY CLERK
First Reading
-
January 6, 1997
Second Reading -
January 6, 1997
Third Reading
-
January 6, 1997
Bill No.
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SCHEDULE "A" TO BY-LAW 12780
(deleted by B/L 126-2022, Sept.6/22)