2006-050 To require land or cash-in-lieu thereof for park or other public recreational purposes as a condition of the development or redevelopment of land and to repeal By-law 2004-076
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
By-law Number 2006-50
Being a by-law to require land or cash-in-Iieu thereof for park or other
public recreational purposes as a condition of the development or
redevelopment of land and to repeal By-Law No. 2004-076
WHEREAS Sections 42 and 51 of the Planning Act, R.S.O. 1990, C.P. 13, as amended
allows a municipality to pass a By-law to collect cash-in-Iieu of parkland;
AND WHEREAS the Council of the Township of Oro-Medonte deems it necessary and
expedient to ensure that appropriate lands be conveyed or cash-in-lieu provided for
park or other recreational purposes arising from development or redevelopment;
NOW THEREFORE the Municipal Council of the Corporation of the Township of Oro-
Medonte enacts as follows:
1. In this by-law:
"Development" means the creation of a lot in accordance with the Planning Act,
R.S.O 1990, or the construction, erection or placing of one or more units in
accordance with the Plan of Condominium Act or the laying out of sites for the
location of three (3) or more trailers, as defined in clause (a) of paragraph 101 of
s.210 of the Municipal Act or of sites for the location of three (3) or more mobile
homes, as defined in subsection 46(1) of the Act, or of sites for the construction,
erection and location of three (3) or more land lease community homes, as defined
in subsection 46( 1) of the Act, and includes redevelopment;
"Township" shall mean the Corporation of the Township of Oro-Medonte;
2. As a condition of development, land is required to be conveyed to the Township for
park or other public recreational purposes as follows:
a) In the case of lands proposed for development for commercial or industrial
purposes, land in the amount of two per cent (2%) of the land to be
developed;
b) In the case of lands proposed for development for residential purposes, land
in the amount of five per cent (5%) of the land to be developed; and,
c) In the case of lands proposed to be developed for timeshare or fractional
ownership purposes, at a rate of two per cent (2%) of the land to be
developed.
3. In lieu of requiring the conveyances referred to in Section 2, the Township may
require the payment of a fee of $2,000 for each new lot created for residential
purposes pursuant to Section 53 of the Planning Act. The payment required under
this Section shall be made as a condition of Provisional Consent.
4. In the case of new lots created for residential purposes pursuant to Section 51 of
the Planning Act or residential units created in accordance with the Condominium
Act, and in lieu of requiring the conveyances referred to in Section 2, the Township
may require the payment of a fee of $2,000.00 for each new lot/unit created for
residential purposes. The payment required under this Section shall be made as a
condition of Draft Plan Approval.
5. In alternative, the Township may accept a lesser amount per lot/unit than the
amounts specified in clauses 3 and 4, based on the opinion of an appraiser. In no
case shall the Township require more than $2,000.00 per lot/unit. The value of the
land shall be determined as of the day before the day of the Draft Approval of a
Plan of Subdivision under Section 51 of the Planning Act or the granting of
Provisional Approval of a new lot created by consent under Section 53 of the
Planning Act.
6. In the case of new lots created for industrial or commercial purposes pursuant to
Sections 51 or 53 of the Planning Act and in lieu of requiring the conveyances
referred to in Section 2, the Township may require the payment of a fee of $500.00
for each new lot created for industrial or commercial purposes. The payment
required under this Section shall be made as a condition of Provisional Consent or
Draft Plan Approval.
7. In the case of new units created in a timeshare or fractional ownership
establishment and in lieu of requiring the conveyances referred to in Section 2, the
Township may require the payment of a fee as determined by a qualified appraiser,
with such a fee equaling 2% of the combined value of the units before the first
building permit is issued. In no case shall the cash-in-lieu amount exceed $800.00
per unit, which is 40% of the residential lot/unit amount. The payment required
under this Section shall be made as a condition of Building Permit.
8. If land has been already been conveyed or is required to be conveyed to the
Township for park or other public purposes pursuant to a subdivision agreement
that was in force and effect when this By-law comes into effect, or a payment of
money in lieu of such conveyance has been received by the Township or is owing
to it under this by-law or as a condition already imposed under s.51.1 or 53 of the
Act, no additional conveyance or payment in respect of the land subject to the
earlier conveyance or payment will be required by the Township in respect of
subsequent development unless:
a) There is change in the proposed development that would increase the density
of development; or
b) Land originally proposed for commercial or industrial purposes is now
proposed for development for other purposes.
9. Nothing herein shall prescribe or limit the Township's ability to require a
combination of the conveyance of land at the standards specified or cash-in-lieu.
1 O. The provisions of this By-law are applicable to all lands within the corporate
boundaries of the Township.
11. That By-law No. 2004-076 be repealed in its entirety.
12. That the provisions of this By-law shall come into force and take effect upon third
reading thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS 21st DAY OF JUNE, 2006.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 21st DAY OF JUNE,
2006.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Mlyor, J. Neil C~