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2004-076 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 THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE By-law Number 2004-076 BEING A BY-LAW 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. WHEREAS Section 42 of the Planning Act, RS.O. 1990, C.P. 13, as amended allows a municipality to pass a By-law to collect cash-in-lieu of parkland on the basis of the value of a lot on the day before a building permit is issued; 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.21 0 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. This amount reflects 5% of the average value of a lot before a building permit is issued. 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. This amount reflects 5% of the average value of a lot/unit before a building permit is issued. In the alternative, the Township may accept a lesser amount per lot/unit based on the opinion of an appraiser. In no case shall the Township require more than $2,000.00 per lot/unit. 5. 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. This amount reflects 2% of the average value of a lot before a building permit is issued. 6. 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. 7. 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. 8. 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. 9. The provisions of this By-law are applicable to all lands within the corporate boundaries of the Township. 10. The provisions of this By-law shall come into force and take effect upon third reading thereof. READ A FIRST AND SECOND TIME THIS 23rd DAY OF JUNE, 2004. READ A THIRD TIME AND FINALLY PASSED THIS 23rd DAY OF JUNE, 2004.