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By-law No. 2020-053THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW No. 2020-053 BEING A BY-LAW TO REQUIRE THE CONVEYANCE OF LAND FOR A PARK OR OTHER PUBLIC RECREATIONAL PURPOSES AND/OR CASH -IN -LIEU OF PARKLAND DEDICATION AS A CONDITION OF DEVELOPMENT OR REDEVELOPMENT. WHEREAS Sections 42, 51.1 and 53 of the Planning Act, RSO 1990, Chapter P.13, as amended, authorizes the enactment of by-laws respecting the conveyance to the Council of the Corporation of the Municipality of Bayham of land for park or other public recreational purposes as a condition of development or redevelopment of land within the Municipality; AND WHEREAS the Council of the Corporation of the Municipality of Bayham has established an Official Plan that contains specific policies with respect to the provision of lands for park or other public recreational purposes and this By-law is intended to be in conformity with such policies; THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: Definitions 1) THAT for the purposes of this By -Law, the following definitions shall apply: "Act" shall mean the Planning Act, as amended; "Cash -in -lieu" shall mean the payment of funds equivalent to the value of the amount of land that the Municipality would otherwise have been entitled to acquire for park or other public recreational purposes as part of a development; "Consent" means the process referred to in Section 53 of the Act; "Development", which includes redevelopment, 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, including the addition of a second or third dwelling unit or the addition of a residential dwelling unit to a commercial building accessory to the commercial use; "Mixed -Use" shall mean the use of land, buildings and structures intended and designed to contain both residential and non-residential uses within the same building or on discrete portions of the same property; "Municipality" shall mean The Corporation of the Municipality of Bayham; "Public Use" shall mean the use of lands for public purposes by a public authority including a Federal, Provincial, County or municipal government or a publicly -funded school, college or university. "Subdivision" shall mean the process referred to in Section 51 of the Act. Geographic Applicability 2) THAT this by-law applies to Development within the geographic boundaries of the Municipality of Bayham. By-law 2020-053 Official Plan Policy and Dedication Rates 041 3) THAT parkland dedication and/or cash -in -lieu of parkland shall be required for Development in accordance to the Municipality of Bayham Official Plan Section 8.18 Parkland Dedication policy and rates, as attached hereto as Schedule "A", in accordance with the Act. Timing of Land Conveyance 4) THAT the conveyance of land for public park or other public recreational purposes pursuant to this By-law, shall be required as follows: (a) As a condition of approval of a plan of subdivision or condominium prior to the release of the plan for registration; (b) Prior to the approval of a description under Section 50 of the Condominium Act, R.S.O. 1990, Chapter c.76; (c) As a condition of approval of a consent prior to release of conditions for a consent; (d) Prior to the execution of a site plan agreement; (e) Prior to the issuance of a building permit for land proposed for Development; or (f) Otherwise in accordance with the terms of an agreement entered into between the owner of the land and the Municipality. Cash -in -Lieu of Land 5) THAT the value of land shall be determined subject to Section 42 of the Act: (a) As of the day before the day of the issuance of the building permit in respect of the Development, or, where more than one building permit is required for the Development, as of the day of the issuance of the first building permit. (b) In the case of a consent for residential purposes, or in the case of a consent for commercial or industrial purposes, prior to the issuance of the building permit in respect of the Development, or, where more than one building permit is required for the Development, as of the day of the issuance of the first building permit, the owner is required to convey payment of Cash -in -lieu in accordance with the following: (i) the payment collected by the Municipality in the amount payable provided for on Schedule "B" of this By-law, or any amending By-law; or, (ii) the owner has the option to retain an independent accredited real-estate appraiser to provide an opinion of value, conducted to the satisfaction of the municipal staff, with all costs associated with the appraisal to be borne by the owner of the property, in accordance to the rates provided for on Schedule "A" to this By-law, or any amending By-law. Timing of Payment 6) THAT for a subdivision, condominium, consent, site plan or building permit, cash -in -lieu By-law 2020-053 3 of parkland shall be paid prior to the issuance of a building permit. 7) THAT for consents provisionally approved prior to the passing of this By-law, and where a condition has been imposed requiring the payment of Cash -in -lieu, Cash -in -lieu shall be collected by the Municipality in the amount payable provided for on Schedule "B" of this By-law, or any amending By-law, and paid in accordance with the imposed condition. Credit for Previous Conveyance or Cash -in -Lieu 8) THAT in accordance with Section 42(7) of the Act, land and/or cash -in -lieu required to be conveyed and/or paid to the Municipality for park or other public recreation purposes pursuant to this by-law shall be reduced by the amount of land or cash -in -lieu previously received by the Municipality pursuant to sections 42, 51.1 or 53 of the Act in respect of subsequent development. Exemptions 9) THAT notwithstanding any other provisions of this By-law, this By-law shall not apply to any of the following: (a) Where the proposed Development, pursuant to section 41 or 51 of the Act, is for a Public Use as defined in this By-law; (b) Where the Development consists of making an addition or alteration to a residential building, provided the number of dwelling units within the residential building is not increased; Force and Effect 10) THAT this By-law shall come into force and take effect on the day of the final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 4TH DAY OF JUNE 2020. MAYO LERK By-law 2020-053 SCHEDULE"A" TO BY-LAW 2020-053 Municipality of Bayham Official Plan, as amended, excerpt: 8.18 Parkland Dedication In order to acquire and develop parks and open space areas, the Municipality shall require parkland dedication and cash -in -lieu of parkland in accordance with the following polices: 8.18.1 A dedication of five percent of the gross area of land proposed for development or redevelopment and/or a dedication rate of one hectare per 300 units or the equivalent cash -in -lieu, of the gross area of lands being subdivided for residential purposes. 8.18.2 A dedication of two percent of the gross area of land proposed for development or redevelopment or the equivalent cash -in -lieu, of the gross area of lands being subdivided for commercial and industrial purposes. 4 8.18.3 Where land in a draft plan of subdivision is to be used for any use other than residential, industrial or commercial purposes, Council may require conveyance of land for park purposes or equivalent cash -in -lieu at a rate of five percent (5%) of the gross area of the land proposed for development. 8.18.4 The monies received from cash in lieu payments may be used to purchase park and open space areas elsewhere in the Municipality or, for any other public recreational purpose. 8.18.5 The Municipality may accept cash -in -lieu of the land dedication to be paid into a special account and used as specified in the Planning Act. Council will consider cash -in -lieu of parkland dedication under the following circumstances: a) where the required land dedication fails to provide an area of suitable shape, size or location for development as public parkland; b) where the required dedication of land would render the remainder of the site unsuitable or impractical for development; and/or, c) where it is preferable to have consolidated parkland of a substantial size servicing a wide area. 8.18.6 Where new development or redevelopment is proposed on a site, part of which has physical limitations or hazards, then such land shall not necessarily be acceptable as part of the land dedication under the Planning Act. All land dedicated to the Municipality shall be conveyed in a physical condition satisfactory to the Municipality, and shall meet minimum standards in terms of drainage, grading and general condition. By-law 2020-053 SCHEDULE"B" TO BY-LAW 2020-053 1. Cash -in -Lieu of Parkland Fee - Consents for residential purposes: k, In the case of a consent pursuant to Section 53 of the Planning Act, the payment of Cash -in -lieu of land for each created lot as follows: Amount $2000.00