HomeMy WebLinkAboutBy-law 7341/14 The Corporation of the City of Pickering
By-law No. 7341/14
Being 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 lands.
Whereas sections 42, 51.1, 51(25) and 53 of the Planning Act, R.S.O. 1990, chapter P.13
provide 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 or the subdivision of lands;
Whereas sections 42 and 51.1 of the Planning Act, R.S.O. 1990, chapter P.13, provide
for an alternate parkland rate of one hectare for each 300 dwelling units proposed for
development provided the municipality has an official plan that contains specific policies.
dealing with the provision of lands for park or other public recreational purposes at such
a rate;
Whereas the Official Plan of the City of Pickering contains specific policies dealing with
the provision of lands for park or other public recreation purposes at the conveyance
rates referred to in the Planning Act;
Whereas the Council of The Corporation of the City of Pickering wishes to use these
provisions to further the acquisition of lands for parks or other public recreational
purposes.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. For the purposes of interpretation of this by-law, the following definitions shall
apply:
(a) "Development" 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;
(b) "Redevelopment" has the same meaning as Development;
(c) "Subdivision" means the process referred to in section 50 of the Planning Act,
R.S.O. 1990, chapter P.13.
2. This By-law shall apply to the whole of the City of Pickering.
3. As a condition of development or redevelopment of lands for any purpose other
than commercial or industrial purposes, Council shall require that land be
conveyed to the City, free and clear of all liens and encumbrances, for park or
other public recreational purposes in the amount of five percent (5%) of the land
proposed for such development.
By-law No. 7341/14 Page 2
4. As a condition of subdivision of lands for any purpose other than commercial or
industrial purposes, Council shall require that land be conveyed to the City, free
and clear of all liens and encumbrances, for park or other public recreational
purposes in the amount of five percent (5%) of the land proposed for such
development.
5. As an alternative to sections 3 and 4 above, as a condition of development or
redevelopment or in the case of subdivision of land as a condition of approval of
subdivision of lands for development in the High Density Residential Areas and
Mixed Use Areas in accordance with the City of Pickering Official Plan, Council
may require that land be conveyed to the City for park or other public recreational
purposes at a rate of one hectare for each 300 dwelling units proposed. However,
in no case shall the parkland dedication be less than that required in sections 3
and 4 above.
6. As a condition of development or redevelopment of lands for commercial or
industrial purposes, Council shall require that land be conveyed to the City, free
and clear of all liens and encumbrances, for park or other public recreational
purposes in the amount of two percent (2%) of the land proposed for such
development.
7. As a condition of the subdivision of lands for industrial or commercial purposes,
Council shall require that land be conveyed to the City, free and clear of all liens
and encumbrances, for park or other public recreational purposes in the amount of
two percent (2%) of the land proposed for such development.
8. As an alternative to sections 3, 4, 5, 6 and 7 above, Council may require the
payment of money equal to the value of any land otherwise to be conveyed under
this by-law, or such combination of land and money as Council may require.
9. This By-law shall at all times be subject to the provisions of sections 42, 51.1,
51(25) and 53 of the Planning Act, R.S.O. 1990, chapter P.13, as amended from
time-to-time, or any successor thereto.
10. By-law 5373/98 of The Corporation of the City of Pickering being a by-law "To
require that land be conveyed to the City for park or other public recreational
purposes as a condition of development or redevelopment anywhere in the City", is
hereby repealed.
By-law passed this 24th day of March, 2014.
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David Ryan, ' . vo
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Debbie Shields, City Clerk