HomeMy WebLinkAboutBy-law 5373/98THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 5373/98
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 Town of Picketing 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 Town of Picketing 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 TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
o
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; and
(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.
This By-law shall apply to the whole of the Town of Picketing.
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
Town, 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.
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 Town, 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.
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
sudivision of lands for development in the High Density Residential Areas and Mixed
Use Areas in accordance with the Town of Picketing Official Plan, Council may require
that land be conveyed to the Town 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.
As an alternative to sections 3, 4 and 5 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.
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.
By-Law No. 4152/93 of The Corporation of the Town of Pickering being a by-law "To
require that land be conveyed to the Town for park or other public recreations purposes as
a condition of development or redevelopment anywhere in the Town", is hereby repealed.
BY-LAW read a first, second and third time and finally passed this~ 8tla clay of Septombor, 1998.
TOWN OF'
Wayne Arthurs, May~ ::
Bruce Taylor, Clerk