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Section 5: Appendices

5.1 Appendix A - Land Securement Tools

Appendix A - Land Securement Tools
Techniques Description     Advantages/Disadvantages Legislative Basis Who/How Administration     Type of lands     Examples
Purchase includes “First Right of Refusal” Local Area Levies and Local Improvement Charges Purchase of land at fair market value. City or other group directly acquires land. Permanent protection and public access. Options exist to recover costs through levies or charges on benefiting owners. Municipal Act (right of municipality to acquire and dispose of own land) and right of municipality to levy local improvement charge on benefiting land
  • City of Ottawa, Other government Land Trusts,
  • Non-Profit Groups (e.g., Nature Conservancy)
  • Community Co-operative
  • Partnerships
Any greenspace, particularly those requiring environmental protection.
  • Marlborough Forest (City)
  • Burnt Lands -(Min. of Natural Resources & Nature Conservancy)
  • Brampton, Vaughn use Local improvement charges to acquire greenspace
Land Exchange (Equivalent to Outright Purchase) Lands or interest in land can be traded to achieve mutual interests, and net differences in values can then be settled.
  • Same cost as purchase; permanent protection; public access possible
  • Must be equitable for both parties
Municipal Act (right of municipality to acquire and dispose of own land) City/NCC most common – public ownership Any land or land use greenspace or other type of use including housing City-NCC – Montfort Woods, Rockcliffe Park
Donation/ Bequest, Including a Life Estate Land or interests in land donated during an individual’s lifetime or by private corporation or as a bequest as part of an estate. The donor may opt to retain use of land until death.
  • Low cost/ permanent protection and public access. Tax benefits for donor
  • Lands must meet Federal Tax rules for donation in order to qualify for tax exemptions;
  • Municipal Act
  • Income Tax Act
  • All of the above
  • Both public and private ownership
Any greenspace or other type of lands including housing Rideau Waterways Land Trust- 24 ha near Kemptville Creek/Rideau River donation
Parkland Dedication Under the Planning Act
  • Lands dedicated to municipality for parkland purposes as a result of subdivision development.
  • Usually relates to recreation land but may be used to acquire natural areas
  • Provides parkland in growing communities: Can be converted to cash for more flexibility.
  • Planning Act limits amount of land that can be required at no charge.
Planning Act City ownership Any greenspace, but usually active parkland New subdivisions in Orleans, Barrhaven, etc.
Traditional Land Use and Other Regulatory Controls
  • Use of land use planning (Official Plan/Zoning/ Subdivision Watershed and Sub-watershed Plans) and other regulatory controls.
  • Land Ownership does not change.
  • Intent for the land is provided in the Official Plan. Permanent protection can be achieved.
  • May not be popular and does not provide for public access. May trigger requests for financial compensation or purchase.
  • Planning Act
  • Conservation Authorities Act
  • Fisheries Act
  • Trees Act
  • Aggregate Resources Act
  • City, Province, Conservation Authorities
  • Usually private ownership or public ownership other than the City
Any greenspace if designation or zoning is not successfully challenged
  • Significant Wetlands designation in Official Plan
  • Flood plains
  • ANSIs
Sale with Restrictions (Including acquisition and resale) Land can be sold with restrictions in place to control future uses
  • Generates revenue while maintaining greenspace; permanent protection; public access can be negotiated
  • Restricted land more difficult to sell, limited market and reduced value.
  • Municipal Act
  • Conservation land Act
City/NCC/Prov. Govt. Greenspaces requiring environmental protection where public access may not be as critical Little experience in Ontario. Variation used by Bruce Trail Association along Niagara Escarpment
Land Trust Non-profit organizations dedicated to conserving open space, natural areas, etc.
  • High profile grass-roots organisation. Provides permanent protection and public education.
  • Limits public access. Needs high profile and independence to get funds.
N/A Generally non-profit, incorporated community organization or a chapter within an existing organization Usually land needing environmental protection or recreational Trails Rideau Waterway Land Trust Foundation
Corporate Landowner Agreement/ Condominium Agreement Similar to Land Trust Conservation land can be owned by a shareholder’s corporation or condominium devoted to the protection and management of the lands,
  • An alternative to government ownership and management; no cost; flexible; management costs borne by those directly benefiting. Protection not guaranteed
  • Little used; no guarantee of public access, needs a willing corporate entity
  • Corporations Act
  • Condominium Act
Private landowners, would not involve public ownership Any greenspaces Grand Hill Village Association, Kitchener
Conservation Easement An agreement that restrict uses for conservation purposes, and when registered on title they bind both current and future landowners
  • Low cost; may be more acceptable to landowner; can provide permanent protection/
  • Cost of easements may be as great as purchase; public access may be limited; requires ongoing monitoring; not extensively used in Ontario.
  • Ontario Heritage Act
  • Ministry of Government Services Act
  • Ontario Conservation Land Act
  • Only government agencies and registered charities including land trusts
  • Private ownership
Usually land needing environmental protection as well as heritage buildings
  • Niagara Escarpment – Ontario Heritage Foundation
  • Carlington Woods
Restrictive Covenant A condition on title that restricts the landowner’s use of land or assigns certain rights or access to an adjacent landowner. Applicable where a government wishes to control land use but not own the land
  • Low cost; can provide permanent protection/
  • Can only be used under certain conditions; unlikely to be able to specify long-term management obligation. Public access not likely.
Common Law
  • Any government or conservation authority
  • Private ownership
Usually land needing environmental protection Township of Chandos, Peterborough County
Lease /License
  • A lease gives exclusive rights to use land for a specified term and cost.
  • Licenses give permission to use a property for a purpose but not exclusive rights and does not bind future owner
  • Public access can be negotiated
  • Agreement must be renewed periodically; may not protect land in perpetuity.
N/A
  • Legal lease or license agreement between parties
  • Private or public ownership
Any land City leases Ledbury Park site from the NCC
Incentives/ Assistance i.e. Tax Rebates/ Credits/ Management Agreements/ Funding Assistance Tax or management incentives to encourage retention/ restoration of natural areas. Usually linked to land use restrictions such as Provincial policy and zoning.
  • Lower cost and non-confrontational; willing landowner agreement
  • Difficult to monitor compliance; does not provide public access or permanent protection. Lost tax revenue.
  • Woodlands Improvement Act;
  • Games and Fish Act;
  • Conservation Authorities Act;
  • Conservation Land Act
  • Ministry of Natural Resources;
  • Conservation Authorities
  • Private ownership
Usually land needing environmental protection Community Wildlife Program and the Community Fisheries Program, Conservation Lands Tax Reduction Program
Stewardship Support/ Education Private land owner care and protection of land. Can be linked to incentives.
  • Voluntary. Least costly; non-threatening; builds rapport
  • Not permanent. No public access or protection.
N/A Private although all levels of government publicise and provide support Usually land needing environmental protection Wetland Habitat Fund, City of Ottawa’s “Green Acres Program”

5.2 Appendix B - Greenspace Acquisition Policy

The following changes to the City’s Official Plan were adopted by Council to implement the new acquisition policies:

Modify Section 3.2.2, Natural Environment Areas, by deleting policies 4 and 5 in their entirety and renumbering the following sections accordingly.

Modify Section 5.2.1 General, by adding the following new policies:

  1. The City has a particular interest in ensuring that lands in the following designations are secured in a way that is consistent with their greenspace values: Natural Environment Areas, Significant Wetlands South and East of the Canadian Shield, Urban Natural Features and Major Open Space. A similar interest may apply to any lands along waterways in a Village or Urban Area.
    1. The City will consider methods other than acquisition to meet its objectives for the preservation of lands with greenspace values, including exchanging lands of similar value, negotiating conservation easements, entering into agreements with other public bodies concerning land management or maintenance, partnering with a land trust and other methods that may be proposed from time to time.
    2. The City may initiate the purchase of lands in any of the above-noted designations where acquisition of the land is critical to the achievement of its objectives;
    3. Where land that is designated Natural Environment Area or Urban Natural Feature is in private ownership, the City will acquire the land at the request of the landowner.
    4. Where land that is designated Major Open Space is not otherwise identified as flood plain or steep or unstable slopes, the City will acquire the land at the request of the landowner.
    5. When acquiring the land referred to in c) and d) above:
      1. The City will negotiate a purchase price based on an independent market value appraisal, but, if after six months, an agreement has not been reached, the City will offer to acquire the lands under Section 30 of the Expropriations Act and compensation may be determined in accordance with the provisions of the Act; or
      2. At the request of the landowner, the City will acquire the property through expropriation in accordance with the Expropriations Act.
      3. Improvements will not be acquired unless requested by the landowner;
      4. The acquisition may be limited to a part of a property, provided that the size of the part not acquired satisfies the requirements of this Plan;

Policy deferred by the Ontario Municipal Board

    1. Where land in a Natural Environment Area, Urban Natural Feature, or Major Open Space designation is in the ownership of a public body or agency, such as the National Capital Commission or a Conservation Authority, and where this property is not required to achieve their interests as expressed in their plans, and where this public body seeks to have the City acquire these lands, the City will proceed in accordance with policies c) and d) above.
  1. When the City receives an application for a zoning by-law amendment to permit development on lands that are currently zoned in an open space or leisure zone, the City will consider the need to acquire the land to secure its Greenspace interests.