090-2022 - Bylaw to provide dedication of Parkland or payment of cash in Lieu as a condition of development or redevelopment

Home Browse Search

Municipality of Lakeshore By-law 90- 2022 Being a By-law to Provide for the Dedication of Parkland or the Payment of Cash in Lieu Thereof as a Condition of Development or Redevelopment Whereas section 42 of the Planning Act provides that, as a condition of the development or redevelopment of land, the council of a local municipality may, by bylaw, require that land in an amount not exceeding, in the case of land proposed for Development or Redevelopment for Commercial or Industrial purposes 2 per cent, and in all other cases 5 per cent, be conveyed to the municipality for park or other public recreational purposes; And whereas section 51.1 of the Planning Act provides that an approval authority may impose, as a condition of the approval of a plan of subdivision, that land be conveyed to the local municipality for park or other public recreational purposes, such land not to exceed, in the case of a subdivision proposed for Commercial or Industrial purposes 2 per cent, and in all other cases 5 per cent; And whereas section 53 of the Planning Act provides that section 51.1 of the Planning Act also applies to the granting of consents; And whereas in the case of land proposed for Development or Redevelopment for residential purposes, a municipality may require that such land be conveyed at the rate of up to one hectare for each 300 Dwelling Units, provided that the municipality has specific policies dealing with the provision of lands for park or other public recreational purposes, and the use of this alternative requirement is included within its Official Plan; And whereas the Municipality of Lakeshore has such specific policies dealing with the provision land to be conveyed at the rate of up to one hectare for each 300 Dwelling Units; And whereas the Council of the Municipality of Lakeshore wishes to use the provisions of the Planning Act for the purposes of acquiring and providing parkland for the use and enjoyment of the residents of the Municipality of Lakeshore; And whereas on September 27, 2022 Council passed resolution #350-09-2022 directing Administration to prepare a Parkland Dedication By-law to adjust the parkland dedication fee to $2,000 per lot for both rural and urban properties; Now therefore the Council of the Municipality of Lakeshore hereby enacts as follows: Definitions 1. In this by- law: a) "Agricultural Uses" has the same meaning as in Lakeshore's Comprehensive Zoning By- law. b) "Board of Education" has the same meaning as " board", as defined in the Education Act, R. S.O. 1990, c. E.2; c) "CIL" means cash- in- lieu of parkland otherwise required to be conveyed;