HomeMy WebLinkAboutBy-law 7955/22 - Parkland Conveyance By-lawThe Corporation of the City of Pickering
By-law Number 7955/22
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(25), 51.1, 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 for residential purposes 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 Sections 42 and 51.1 of the Planning Act, R.S.O. 1990, chapter P.13, provide
that municipalities may require payment in lieu of land for park or other public
recreational purposes at an alternate rate of one hectare for each 500 dwelling units
proposed for development provided the municipality has an official plan that contains
specific policies dealing with the alternate rate for the provision of lands for park or other
public recreational purposes.
Whereas the use of an alternate parkland rate for conveyance (1 hectare: 300 dwelling
units) and an alternate rate for payment in lieu (1 hectare: 500 dwelling units) will
provide the City with increased versatility in providing parkland that efficiently serves the
needs of the community;
Whereas the City’s Parkland Conveyance By-law 7341/14 will expire on September 18, 2022,
and a new Parkland Conveyance By-law is required;
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 or 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;
By-law No. 7955/22 Page 2
(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 City of Pickering.
3.As a condition of Development or Redevelopment of lands for any purpose other
than commercial or industrial, 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 for such
Development.
4.As a condition of subdivision of lands for any purpose other than commercial or
industrial, 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 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 an alternative to Section 5 above, Council may require a payment in lieu of a
portion or all of the land otherwise to be conveyed under this by-law, calculated
by using a rate of one hectare for each 500 dwelling units proposed.
7.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.
8.As a condition of subdivision 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.
9.As an alternative to Sections 3, 4, 7 and 8 above, Council may require a payment
in lieu of the land otherwise to be conveyed under this by-law, or such
combination of land and money as Council may require.
By-law No. 7955/22 Page 3
10.This by-law shall at all times be subject to the provisions of Section 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.
11.By-law 7341/14 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, or the subdivision of
lands” is hereby repealed.
12.This By-law shall come into effect as 12:01 am on July 12, 2022.
By-law passed this 11th day of July, 2022.
________________________________
David Ryan, Mayor
___________ _____________________ Susan Cassel, City Clerk
Original Signed By
Original Signed By