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Parkland Dedication (By-law No. 2009-95)

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Parkland Dedication (By-law No. 2009-95)

BY-LAW NO. 2015 - 40

A by-law of the City of Ottawa to amend By-law No. 2009-95 of the City of Ottawa regarding parkland dedication.

The Council of the City of Ottawa enacts as follows:
1. Subsection 2(1) of By-law No. 2009-95 entitled "A by-law of the City of Ottawa for the conveyance of land or the payment of money in-lieu of land for parks and public recreational purposes" is amended by adding the words "and annexes" after each occurrence of the word "schedules" and by replacing the word "annexed" with "attached".

2. Section 16 of the said By-law No. 2009-95 is amended by adding the following as clause (2) and renumbering subsequent clauses accordingly:

(2) Notwithstanding 16(1) above, City Council may approve the establishment of special administrative areas, identified on an Annex attached to this By-law, where one hundred per cent (100%) of the money collected in-lieu of the conveyance of the required parkland will be directed to an account specific to the appropriate special administrative area. Funds in this account will be used for the acquisition of new parkland, or the improvement of existing local or district parks and recreation facilities within the special administrative area in which it is collected.

3. The said By-law No. 2009-95 is amended by adding as an attachment identified as Annex 1 and following any schedules, Attachment 1 to this by-law.

ENACTED AND PASSED this 25th day of February, 2015.
CITY CLERK MAYOR

BY-LAW NO. 2015 – 40
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A by-law of the City of Ottawa to amend By-law No. 2009-95 of the City of Ottawa regarding parkland dedication.
-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-
Enacted by City Council at its meeting of
February 25, 2015.
-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-
LEGAL SERVICES
SM/rm
COUNCIL AUTHORITY: City Council February 25, 2015
Agenda 2, Item 5

A by-law of the City of Ottawa to amend By-law No. 2009-95 regarding parkland dedication. The Council of the City of Ottawa enacts as follows:

1.Section 1 of By-law No. 2009-95 entitled “A by-law of the City of Ottawa for the conveyance of land or the payment of money in-lieu of land for parks and public recreational purposes” is amended by adding the following definition thereto:
 “community design plan” means a comprehensive land use and infrastructure planning exercise that applies the principles of the City’s official plan in more detail to specific areas of the City undergoing growth or change and provides for the location of specific land uses and the co-ordination and provision of infrastructure and services and community design plans, Council approved concept plans, special policy areas in the official plan and secondary plans to the Official plan have the same meaning;
2.The said By-law No. 2009-95 is amended by adding the following heading and sections immediately after Section 4:

OVER DEDICATION

4A.Where there is an approved community design plan for an area which plan contains provisions for the conveyance of new parkland based upon a planned population, the City is under no obligation to provide compensation for any over dedication of land due to failure to achieve design densities.
4B.Where land being developed is not subject to a community design plan that contains provisions for the conveyance of new parkland and the ultimate development of the land is different than that which was anticipated and relied upon for the previous land conveyance or payment, the City will negotiate a mutually agreeable adjustment with the landowner to reflect the parkland requirements of the actual development.
3.Section 6 of the said By-law No. 2009-95 is amended by striking out the word “walkways” where it occurs therein and substituting the expression “walkway blocks” therefor.
4.The said By-law No. 2009-95 is amended by adding the following section immediately after Section 6 where it occurs therein:
6A.In areas not subject to a community design plan that contains provisions for the conveyance of new parkland, the General Manager has the discretion to consider crediting pathways conveyed as part of a development proposal as satisfying all or part of the parkland required for development where no other suitable parkland can be conveyed.
5.The said By-law No. 2009-95 is amended by adding the following section immediately after Section 11 where it occurs therein:
11A.Where land is being developed or redeveloped for residential purposes and it is not subject to a community design plan containing provisions for the conveyance of new parkland, the following provisions shall apply:
(a)where the City does not require the conveyance of land, the payment of money in-lieu of the conveyance of land will not exceed an amount equivalent to ten percent (10%) of the value of the land area of the site being developed;
(b)where the City requires the conveyance of parkland and the conveyance exceeds ten percent (10%) of the area of the site being developed, the City will provide a written rational for the land requirement within fifteen (15) days of being requested to do so by the owner.
6.The said By-law No. 2009-95 is amended by adding the following headings and sections immediately after Section 19 where it occurs therein:

DISPUTES

19A(1) Where there is a disagreement with the land value used to establish the payment of money in-lieu of parkland conveyance, the owner may request a review of the valuation by an independent appraisal.
 (2) The appraisal referred to in subsection (1) shall be,
 (a) undertaken at the owner’s expense, and
 (b) reviewed by the City to determine its acceptability.
19B.If there is no agreement between the City and the owner as to the amount of land required to be conveyed or the amount of money in-lieu of land that must be paid, either party may apply to the Ontario Municipal Board to have the matter determined pursuant to subsections 42 (10) and (11) of the Planning Act.

BY-LAW REVIEW

19C(1) The City shall provide twelve (12) months written notice to the Greater Ottawa Home Builders Association of its intention to amend the parkland dedication or money in-lieu of land provisions in this by-law.
 (2) In addition to the provisions of subsection (1), the City shall provide notice to the Greater Ottawa Home Builders Association and Urbandale Corporation at least eight (8) months prior to adopting any revisions to the ten percent (10%) cap referred to in Section 11A.
 
ENACTED AND PASSED this 25th day of November, 2009.
CITY CLERK MAYOR
BY-LAW NO. 2009 -385
-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-
A by-law of the City of Ottawa to amend
By-law No. 2009-95 regarding parkland dedication.
-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-
Enacted by City Council at its meeting
of November 25, 2009.
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LEGAL SERVICES
AMP - G04-01-PARK
COUNCIL AUTHORITY:
City Council – November 16 and 17, 2009
PEC Report 59A, Item 2

Parkland Dedication By-law
BY-LAW NO. 2009 - 95

A by-law of the City of Ottawa for the conveyance of land or the payment of money in-lieu of land for parks and public recreational purposes.

The Council of the City of Ottawa enacts as follows:

PART I
 
GENERAL
DEFINITIONS
1.In this by-law,
 "accessory" means a use that is normally, naturally and customarily subordinate and incidental to a principal use and an integral part of the normal operation of that principal use;
 "building" means anything that houses, accommodates or serves a use or an accessory use, including a trailer and a vehicle so used, whether or not the trailer or vehicle is connected to municipal services;
 "City" means the City of Ottawa;
 "college" means a college of applied arts and technology or other similar place of post secondary education which has a body of teachers and students on the premises, and that provides instruction in business, a trade, or a craft; and that is empowered by law to grant diplomas, licenses or certificates that permit the holders to represent themselves as qualified to work in a particular trade or occupation;
 "Council" means the Council of the City of Ottawa;
 "develop" means the construction, erection or placing of one or more buildings on land or the making of an addition or alteration to a building that has the effect of substantially increasing the size or usability thereof or creating dwelling units, and requires approval under the Planning Act and "development", "redevelop" and "redevelopment" have their corresponding meanings;
 "dwelling unit" means a residential unit that:
 (a)consists of a self-contained set of rooms located in a building or structure;
 (b)is used or intended for use as a residential premise;
 (c)contains kitchen and bathroom facilities that are intended to be exclusive to only the unit; and
 (d)is not a mobile home or any vehicle.
 "existing dwelling unit" means a dwelling unit that existed legally on the land within the previous twenty-four (24) months prior to an approval issued under the Planning Act or the issuance of a building permit for redevelopment, whichever occurs first;
 "floor" includes mezzanine;
 "General Manager" means the General Manager of Planning and Growth Management for the City or delegate;
 "grade" means the average of the finished level of the ground adjoining all the walls of a building.
 "gross floor area" means the total area of each floor whether located above, at or below grade, including floor area occupied by interior walls but excluding: floor area occupied by mechanical, service and electrical equipment that serve the building; steps and landings; motor vehicle parking facilities that serve the building; laundry facilities that serve the building; play area accessory to a principal use on the lot; living quarters for a caretaker of the building; amenity space; and accessory uses located below grade;
 "gross land area" means the total area of the land to be developed excluding constraint lands such as: wetlands, unstable slopes, ravines, water courses, flood plains and other similar constraint lands, that normally would be conveyed to the City through the development process;
 "mixed use development" means a development used for more than one purpose;
 "net hectare" means residential land area exclusively in residential use, including access lanes, private streets and parking areas internal to developments, but excludes public streets, rights-of-ways and all non-residential uses;
 "net unit gain" means the total number of dwelling units after development or redevelopment minus existing dwelling units;
 "non-profit organisation" means a corporation or other similar entity that provides a service to the public, is subsidised in whole or in part by public money and its principles are dictated by one or more provincial or federal acts regulating non-profit organisations.
 "official plan" means the official plan of the City of Ottawa;
 "other purposes" means purposes other than residential purposes, commercial purposes or industrial purposes;
 "permitted use" means a use permitted in a zone in a zoning by-law of the City of Ottawa;
 "residential purposes" means a building that contains one or more dwelling units;
 "rural severance" means a consent granted under section 53 of the Planning Act for land located on Schedule B of the Official Plan and which is not located within a Village designation on that schedule;
 "university" means a place of higher education, which has a body of teachers and students on the premises and that offers instruction at the undergraduate level, post-graduate level or both, and which is empowered by law to grant a degree upon the successful completion of a prescribed course of study;
 "use" means a use of land for any purpose and "used" and "using" and other such forms of the word have their corresponding meanings.
INTERPRETATION
2.(1)This by-law contains the schedules annexed hereto and the schedules are hereby declared to form part of this by-law and enact the regulation, the description or the map they contain.
 (2)Unless otherwise defined, the words and phrases used in this by-law have their normal and ordinary meaning.
 (3)This by-law is gender-neutral and, accordingly, any reference to one gender includes the other.
 (4)Words in the singular include the plural and words in the plural include the singular.
 (5)It is declared that if any section, subsection or part thereof be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection, part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.
 (6)Headings are inserted for convenience of reference purposes only, form no part of this by-law and shall not affect in any way the meaning or interpretation of the provisions of this by-law.
PART II
 
CONVEYANCES AND PAYMENTS
3.No person shall develop land within the City unless the owner of the land has either, conveyed or agreed to convey to the City the amount of land that corresponds to the type of development or use identified in Table 1:
Type of Development or UseRequirement
Commercial and Industrial purposesParkland requirement calculated as 2% of the gross land area of the site being developed.
Residential purposes at densities of 18 dwellings per net hectare or moreParkland requirement calculated as
- one (1) hectare for every three hundred (300) dwelling units, but for apartments, as defined by the zoning by-law this parkland conveyance will not exceed a maximum of 10% of the land area of the site being developed
Residential purposes at less than 18 dwellings per net hectareParkland requirement calculated as follows:
- 5% of the gross land area of the site being developed
- Rural severance - 400 m2
Mixed-Use DevelopmentParkland requirement calculated as follows:
1. Where land is developed for a mix of land uses that are located on discrete parts of the site, the parkland will be calculated based upon the proportion of the site devoted to each use at the rates identified above.
2. Where land is developed for a mix of uses within a building, the parkland requirement for each use will be based upon the above rates prorated proportionally to the gross floor area allocated to each use.
3. Parkland requirements being determined at the time of subdivision, or consent for land that is zoned to permit a range of densities will be based on the maximum density permitted.
Other purposesParkland requirement calculated as 5% of the gross land area of the site being developed.
4.For development or redevelopment, the parkland conveyance requirements will be determined at the time of development review and the amount of land will be identified as conditions of approval.
CONDITION OF LAND FOR CONVEYANCE
5.The General Manager retains the right not to accept the conveyance of land that is considered not suitable including:
 (a)hazardous or flood prone lands;
 (b)wetlands and woodlots retained for conservation purposes;
 (c)steep or unstable slopes;
 (d)any land having unsuitable or unstable soil conditions for intended recreations facilities;
 (e)hydro rights-of-ways or easement; or
 (f)any land containing an easement, encumbrance, or right-of-use that limits or restricts the City’s use of the land.
6.Any land that has been or is to be conveyed to the City for stormwater management facilities, for flood plain or conservation purposes, for roadways, walkways or any other non-parkland purpose, will not be credited against the required parkland conveyance or money in-lieu of parkland conveyance.
7.(1)Where conveyance of land for park purposes is not feasible within the site being developed, the City may consider the conveyance of land outside of the site being developed if the City is satisfied that the land provides a benefit to the residents of the land being developed.
 (2)The City will decide if the conveyance of land outside of the site being developed is appropriate at the time of development approval.
SPECIAL AREAS
8.Notwithstanding section 3, the rates described in Table 1 do not apply to that area of Kanata shown on Schedule 1 of this by-law where there is an agreement between the developer and the City to provide forty percent (40%) of the total land area being developed as open space.
9.Notwithstanding section 3, the rates described in Table 1 do not apply to land contained within the South Nepean Town Centre Secondary Plan shown on Schedule 2 of this by-law where parkland shall be dedicated for residential purposes at the rate of five percent (5%) of the gross land area being developed.
PART III
 
MONEY IN-LIEU
PAYMENT
10.Despite Sections 3 and 9 above, the City may, in the following circumstances require the payment of money in-lieu of accepting a conveyance of land:
 (a)where there is no land that is either usable or functional on the site for parkland or recreational purposes;
 (b)where the conveyance of parkland from the site would reduce the number of dwelling units or the floor space of the development or redevelopment to the extent that the development or redevelopment is unfeasible;
 (c)where the City has identified land in a more appropriate or accessible location and that has been or is to be acquired by the City;
 (d)where the area being developed or redeveloped is already well served with parkland; or
 (e)for a rural severance.
11.The decision whether or not to require a conveyance of land, payment of money in-lieu of accepting a conveyance or combination therein, will be made by the General Manager at the time of granting a planning approval.
VALUATION AND PROHIBITION
12.Where the payment of money in-lieu of parkland conveyance is required:
 (a)the value of the land will be determined:
  (i)as of the day before the granting of the draft approval for development by way of plan of subdivision or condominium, and the day before the granting of provisional consent for a consent application; or
  (ii)as of the day before planning approval is given for a development or redevelopment by way of site plan control; and
  (iii)by market appraisal approved by the City.
 (b)no person shall construct a building on the land proposed for development or redevelopment unless the payment of money in-lieu has been made or arrangements, that are satisfactory to the City, have been made for the payment.
EXEMPTIONS
13.(1)The conveyance of land for park purposes or the payment of money in-lieu of accepting the conveyance is not required for development, redevelopment, subdivisions or consents, where it is known, or can be demonstrated that the required parkland conveyance or money in-lieu thereof has been previously satisfied in accordance with the Planning Act, unless
  (a)there is a change in the proposed development or redevelopment that would increase the density providing a net unit gain; or
  (b)land originally proposed for development or redevelopment for commercial or industrial purposes is now proposed for development or redevelopment for other purposes.
 (2)For development or redevelopment, the parkland conveyance requirements will be determined at the time of development review and the amount of land will be identified as conditions of approval.
14.(1)No conveyance of land or payment of money in-lieu under this by-law is required in the case of the development or redevelopment of:
  (a)a building that was accidentally damaged or demolished and where:
   (i)     the building is repaired or replaced and re-occupied before the expiry of two years; and
   (ii)     the building continues to be used for the same purpose after it is repaired, replaced or rebuilt;
   (iii)     there is no increase in number of dwelling units or gross floor area;
  (b)an addition or alteration to an existing residential building that does not result in an increase in dwelling units;
  (c)a place of worship;
  (d)a cemetery;
  (e)a non-profit rental or not-for-profit sponsored ownership residential development or other development that provides public facilities or services and that is undertaken by a non-profit organization;
  (f)a college or university or a school as defined by subsection 1(1) of the Education Act, where the school provides for the students’ outdoor recreational needs on-site at the time of development;
  (g)a municipal or other government use;
  (h)a secondary dwelling as defined in the Zoning By-law;
  (i)a home based business as defined in the Zoning By-law;
  (j)an addition or alteration to an existing commercial or industrial building that does not require site plan control approval as per the Planning Act or the Site Plan Control By-law;
  (k)a temporary use for which an approval has been granted under section 39 of the Planning Act; or
  (l)any development or redevelopment of a use undertaken in partnership with the City.
 (2)No conveyance of land or payment of money in-lieu under this by-law is required for:
  (a)a change of use from residential to commercial or industrial or for the alteration of an existing building resulting from a change of use from residential to commercial or industrial; or
  (b)a change of use from commercial or industrial to another commercial or industrial use, or for the alteration of an existing building resulting in a change of use from commercial or industrial to another commercial or industrial use.
PART IV
 
ADMINISTRATION
15.This by-law is to be jointly administered by the General Manager of Planning and Growth Management and the Treasurer of the City.
ADMINISTRATION OF MONEY IN-LIEU
16.(1)The payment of money in-lieu of conveyance imposed by this by-law shall be paid into City accounts and used based on the following distribution:
  (a)forty percent (40%) of all monies paid will be directed to the City-wide money in-lieu account and will be used for the acquisition of new parkland or the improvement of existing city-wide parks and recreational facilities; and
  (b)sixty percent (60%) of all monies paid within a ward identified in By-law No. 2005-302, entitled "A by-law of the City of Ottawa establishing ward boundaries", as amended, will be directed to the appropriate ward money in-lieu account and will be used only within the ward in which it is collected for the acquisition of new parkland or the improvement of existing local or district parks or recreational facilities.
 (2)Despite subsection 16(1)(b), monies from one ward money in-lieu account may be transferred to another ward money in-lieu account or to more than one ward money in-lieu accounts to support park acquisition or development of recreational facilities in two or more wards, with the concurrence of the affected Ward Councillors of the City.
 (3)The City may add additional funds to one or more of the money in-lieu accounts and any person or organization may pay any sum into one or more of the money in-lieu accounts for the acquisition of parkland or for recreational purposes permitted by the Planning Act.
 (4)Where money in-lieu is levied as a flat rate, such as for rural severances set out in Table 1 of this by-law, the General Manager shall use a current land evaluation, based upon the average vacant land value as determined by the Director of the Real Property Asset Branch of the City, which shall be updated at no greater interval than every six (6) months, and which amount owing shall be calculated as at the time of the granting of the rural severance.
17.The General Manager is authorized to determine the amount of land, monies in-lieu of a conveyance of land, or a combination thereof on a site-specific basis in accordance with this by-law, the Delegation of Authority by-law and the City’s Official Plan policies.
18.The General Manager and the Treasurer shall report on the status of parkland conveyance of land and monies in-lieu of conveyance to Council on an annual basis.
19.The provisions of this by-law shall apply to all applications for development that are approved after the date of passing of this by-law.
TRANSITION
20.Notwithstanding any other provisions to the contrary, this by-law does not negate any previous written undertaking regarding the provision of parkland, land that will be conveyed or payments of money in-lieu of conveyance between a landowner and the City that may be contrary to this by-law.
REPEAL
21.The following by-laws of the former municipalities are repealed:
 (a)By-law No. 255-2000 of the old Corporation of the City of Ottawa entitled "A by-law of the City of Ottawa respecting a condition of development or redevelopment of land", as amended, is repealed;
 (b)By-law No. 59-85 of the old Corporation of the City of Nepean entitled "Being a by-law to require that land in the amount of five percent of land to be developed or redeveloped for residential purposes be conveyed to the Corporation of the City of Nepean for park purposes or in lieu thereof a payment of money", as amended, is repealed;
 (c)By-law No. 98-1966 of the old Corporation of the City of Gloucester entitled "A By-law to establish parkland dedication requirements for the development or redevelopment of lands within the City of Gloucester", as amended, is repealed;
 (d)By-law No. 195-88 of the old Corporation of the City of Kanata entitled "Being a By-law to establish the authority to require the conveyance of land for Park purposes", as amended, is repealed;
 (e)By-law No. 53-88 of the old Corporation of the City of Cumberland entitled "Being a by-law to establish a site plan control area, to exempt certain classes of development from approval of plans and drawings and to require the conveyance of land for park purposes", as amended, is repealed;
 (f)By-law No. 54-92 of the old Corporation of the Township of Goulbourn entitled "Being a by-law of the Corporation of the Township of Goulbourn, to provide for the conveyance of parkland or cash-in-lieu thereof under chapter P. 13 Sections 42, 51 and 53 of the Planning Act, R.S.O. 1990", as amended, is repealed;
 (g)By-law No. 66-91 of the old Corporation of the Township of Rideau entitled "Being a by-law to provide for the conveyance of parkland or cash in lieu pursuant to the Planning Act, 1983", as amended, is repealed.
SHORT TITLE
22.This by-law may be referred to as the "Parkland Dedication By-law".
ENACTED AND PASSED this 11th day of March, 2009.
CITY CLERKMAYOR
 BY-LAW NO. 2009 - 95
 -o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-
 A by-law of the City of Ottawa for the conveyance of land or the payment of money in-lieu of land for parks and public recreational purposes.
 -o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-
 Enacted by City Council at its meeting of March 11, 2009.
 -o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-
 LEGAL SERVICES
 JJJ/hm: File G04-01-PARK
 COUNCIL AUTHORITY:
 PLANNING ACT, ss. 42 and 51
 City Council February 25, 2009
 CPSC Report 36, Item 1

The following maps include a good quality image but are provided for information only. Official versions are available through the City Clerk's office.

Schedule 1 - Kanata Land Subject to the 40% Agreement PDF Version - 0.8MB
Schedule 2 - South Nepean Town Centre Secondary Plan PDF Version - 0.6MB