Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and / et

Agricultural and Rural Affairs Committee

Comité de

and / et

Community and Protective Services Committee

Comité des services communautaires et de protection

and Council / et au Conseil

27 November 2008 / le 27 novembre 2008

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager

Directrice municipale adjointe,

Infrastructure Services and Community Sustainability

Services d’infrastructure et Viabilité des collectivités

Contact Person/Personne-ressource : Karen Currie,

Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424 x 28310, Karen.Currie@ottawa.ca

City-wide/à l'échelle de la Ville

Ref N°: ACS2008-ICS-PLA-0242

SUBJECT:	PARKLAND DEDICATION BY-LAW
OBJET :	RÈGLEMENT SUR L’AFFECTATION DE TERRAINS À VOCATION DE PARC

REPORT RECOMMENDATIONS

That the Planning and Environment Committee and the Agriculture and Rural Affairs Committee and the Community and Protective Services Committee recommend that Council:

1. Adopt the proposed Parkland Dedication By-law attached as Document 5 to this report, and that this by-law be approved at the same time as the Official Plan amendment.

2. Direct staff to prepare and circulate a draft Official Plan amendment to incorporate the parkland dedication policies generally as proposed in Document 4 by February 2009.

RECOMMANDATIONS DU RAPPORT

Que le Comité de l’urbanisme et de l’environnement, le Comité de l’agriculture et des affaires rurales et le Comité des services communautaires et de protection recommandent au Conseil :

1. d’approuver le Règlement sur l’affectation de terrains à vocation de parc proposé, ci-joint en tant que Document 5 du présent rapport, et que ledit règlement soit adopté en même temps que la modification au Plan officiel.

2. d’enjoindre le personnel de préparer et de faire circuler, d’ici février 2009, une ébauche de modification au Plan officiel en vue d’inclure, de façon générale, les politiques en matière d’affectation des terrains à vocation de parc, tel qu’il est proposé dans le Document 4.

BACKGROUND

Introduction

Currently over 870 pieces of land totalling over 2700 hectares of land make up the City’s inventory of parks that provide for passive and active recreation needs of residents. They provide features such as: play structures, sports fields, splash pads, skating rinks, pathway systems, and include trees and shade cover and site furnishings. They come in many shapes and sizes, depending on how they are used. They become integral parts of people’s lives and provide environmental benefits to the city as a whole. The Official Plan sets targets for parkland and greenspace provision in the city. These targets are generally met in the design of new communities but are more difficult to achieve in older communities where current parkland standards did not always exist and opportunities to acquire new land are few.

Today the City acquires parkland in a number of ways but much of the new parkland is dedicated or funded through the land development process. The legislative authority to require parkland at the time of development comes from the Planning Act. The relevant Sections, 42 and 51 of the Planning Act are provided in Document 1.

In order to be able to require parkland dedication the Planning Act requires that the municipality have a Parkland Dedication By-law and appropriate supporting policies in the Official Plan in order to clarify how much land and when parkland will be required. The City currently uses the Parkland Dedication By-laws of a number of the former municipalities. Not all of the former municipalities had Parkland Dedication By-laws and those that exist:

• reflect a variety of approaches to the provision of parkland;
• do not necessarily utilise all of the opportunities provided by the Planning Act.
• do not necessarily reflect the current City approach for parkland dedication in the Official Plan.

A table containing the provisions of the former municipal by-laws is included in Table 1, which can be found in Document 2.

This report proposes a new Parkland Dedication By-law to replace the existing by-laws and to bring clarity to the way parkland dedication is handled across the city.

DISCUSSION

Authority under the Planning Act

The Planning Act gives the authority to municipalities to require land for parks and recreational purposes at the time of the development. This requires the developer to transfer a predetermined amount to the City at no cost. The amount of land that can be requested is limited by the Act and varies depending upon the use. The City is permitted to require the payment of the cash value of the land, referred to as cash-in-lieu payments, where land dedication on the site is impractical or the City can make better use of the money to acquire parkland or improve the capacity of existing parks elsewhere in the community.

The Act places limitations on the amount of land that the municipality can request for different land uses as follows:

• a maximum of two per cent (2%) of the land area developed for commercial or industrial purposes, and
• a maximum of five per cent (5%) of the land area for any other development including residential uses. However, in the case of the development or redevelopment of land for residential purposes, a municipality may choose to utilise an ‘alternate rate’ that provides up to one hectare of parkland for every 300 dwelling units proposed in the development. For most new urban development this rate would provide more that five per cent of the developable land area. But, to use this ‘alternative rate’ the City must indicate when it will be used in the Official Plan.

When the Municipality requires the payment of cash instead of land dedication the cash value is assessed based upon the value of the land being developed. Because the value of the land can increase once the City gives approval for development the Act stipulates that the land value must be taken just prior to approval of the development in order to be representative of that land that would otherwise be dedicated to the City. Where cash is taken instead of land the money can be spent only for the acquisition of land to be used for park or other public recreational purposes, including the erection or repair of buildings and the acquisition of machinery for park or other public recreational purposes.

The Parkland Dedication By-law must also specify what development the City chooses to exempt from parkland dedication.

Issues

A number of issues that are common to the discussion on parkland dedication were repeated in submissions from the public and staff. A more detailed response to the public submissions is provided later in the report. The main issues are:

• How much land is required for different types of development;
• What land uses should be exempted from parkland dedication
• When is Cash-in-lieu required and when it is paid;

1. How much land is required

As shown above, the Planning Act is specific in the maximum amount of land that can be requiring for different land uses.

a. Commercial and Industrial uses

Municipalities across Ontario commonly use the rate of two per cent of the lands that are developed for commercial or industrial uses. In some specific jurisdictions municipalities have exempted industrial or commercial development as means of stimulating employment. For example, in the past, Nepean exempted commercial and industrial land uses and now Mississauga exempts industrial uses. Most municipalities recognize employees use local parks and recreational facilities and even employment areas benefit from provision of some outdoor greenspace and these areas can be good locations for some active sport facilities. In most cases cash-in-lieu is preferred for these uses because in new communities the park locations are usually identified in the plan for the community and in older areas two per cent rarely provides enough land for a park.

The draft Parkland Dedication By-law (Document 5) recommends the continuation of the past practice of requiring parkland for land developed for commercial and industrial uses equivalent to two per cent of the gross site area being developed or cash-in-lieu thereof. The decision to accept land or cash is usually determined at the time of development approval.

b. Residential uses

The Act establishes a maximum rate of five per cent of the developed land for all other uses. This can include residential uses at low densities, institutional uses and any other non-commercial or non-industrial uses. However, the Act the permits the City to choose to apply an “alternative requirement ’ to higher density residential uses where it is advantageous to do so. Institutional and other uses will be addressed later.

The Planning Act provides two parkland rates for residential development. The five per cent rate is a fixed rate and is the common dedication that was historically used for low-density residential development that can be found in some older suburbs, in villages and anywhere in the rural area. Former rural municipalities typically took cash-in-lieu rather than land. The cash was either used to acquire land, to improve existing facilities or to fund parkland that provided facilities in more central locations.

To ensure that parkland contributions were equitable some municipalities established a payment based upon five per cent of the average residential lot size.

The approach proposed by the discussion document and which is included in the daft Parkland Dedication By-law at Document 5, is as follows: for all residential development, at densities less than 18 units per net hectare in the urban area, villages and in the rural area, the parkland requirement will be assessed as five per cent of the gross area being developed. For rural severances (outside of villages) the City will require cash-in-lieu only and the value will be based upon the average land value of a 0.8 hectares lot. The value will be determined by market appraisals and updated every six months.

The Planning Act provides an “alternative requirement” for higher density development of one hectare for every 300 units. At densities greater than 18 units per net hectare this “alternative requirement” increases the amount of parkland required as the density increases. Most urban municipalities in Ontario use this “alternative requirement”, or a variation on it. The former municipalities of Gloucester and Cumberland included this rate in their By-law while Kanata and Nepean used this rate in specific areas. Table 2 in Document 2, provides a comparison of the parkland rates for a number of other urban municipalities.

The advantage of this approach is that the parkland delivery is directly tied to the number of people being accommodated. As the population density increases, the land dedicated for parkland also increases. This provides more land in suburban areas and areas undergoing intensification. In older areas it can provide more cash for land acquisition or park improvement.

The disadvantage of this rate is that for extremely dense developments, such as large apartment buildings on small lots, the parkland required can exceed the area of the lot being developed. This makes dedication impossible and the cash-in-lieu would exceed the value of the land being developed. Municipalities have tried to deal with this in a number of ways including reducing the rate for higher densities or changing the rate for different types of residential unit. The discussion document suggested a reduced rate for apartment buildings of 0.5 hectares for every 300 apartments. This approach still generates problems for very dense developments and this is why staff also suggested in the discussion document that the “alternative requirement” be capped so as not to exceed the site area or value of the land being developed for apartment buildings. One of the targets of the City’s Official Plan is that parkland in residential areas should represent approximately eight to ten per cent of the developable land. The City of Toronto also uses a cap of ten per cent for small sites (see Table 2 to Document 2). Staff is also recommending a 10 per cent cap for apartment buildings.

There has only been a limited, but negative response from the development industry to the use of the “alternative rate” because of the increased parkland that it requires and the increased cost that will be imposed on some new development. Specific industry comments are included in Document 3. In the suburban areas outside the Greenbelt the “alternative requirement” has been used for some time and the 10 per cent limit will impact only a small number of projects. Inside the greenbelt the impact is different, particular in the central area, where the bulk of the new high-rise apartments are being constructed.

Here parkland dedication was traditionally five per cent or was completely exempted from parkland contributions and the “alternative rate”, even with the cap at 10 per cent, represents a significant increase.

The approach proposed by the discussion document, has been modified in the Parkland Dedication By-law and is as follows: for all residential development, at densities greater than 18 units per net hectare parkland dedication will be assessed at one hectare for every 300 residential units with the added provision that for “Apartment Dwellings” as defined in the City’s Zoning By-law the dedication will not exceed 10 per cent of the site area or value of the site as cash-in-lieu.

c. Other Uses

The Act establishes a maximum rate of five per cent of the developed land for all other uses that can include institutional uses and any other non-commercial or non-industrial use. The discussion document included institutional uses with other uses because the former parkland dedication by-laws required five per cent of the land area to be used for other uses, which mostly include institutional-type development. A number of submissions have been received on this topic arguing that institutional uses, particularly non-profit organisations providing public services should not be required to dedicate five per cent land or cash-in-lieu. Staff agrees with this recommendation. There is more discussion on land uses exempted from parkland dedication below.

The draft Parkland Dedication By-law recommends that ‘Other Uses’ will be required to provide a parkland dedication of five per cent of the gross site area or the value of the land being developed.

2. What development is exempted from parkland dedication

Traditionally uses such as schools, places of assembly and many government uses were exempted. Many expressed the concern that parkland dedication will prejudice non-profit and not-for-profit operations. Council modified the existing by-laws in October 2004, to exempt ‘non-profit rental’ and ‘not-for profit sponsored ownership’ residential developments on the basis that these developments were funded with public money to provide affordable housing. Other non-profit and not-for-profit groups provide similar needed services and should be granted equal exemptions.

The proposed list of exempt land uses in the draft Parkland Dedication By-law is:

a. any building replaced and used for the same purpose within two years of its accidental destruction or damage leading to its demolition.

b. any 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. any development undertaken by a non-profit organisation providing a community service or subsidised residential development,

f. a college or university or school board use,

g. any municipal or other government use,

h. a secondary dwelling unit 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 use for which a temporary permit has been issued, unless such use is made permanent,

l. any development or redevelopment of a use undertaken in partnership with the City of Ottawa as a public/private partnership.

The former City of Ottawa also provided exemptions for residential redevelopment in the Central area of the city and Kanata exempted rural severances from parkland dedication. Staff is only recommending that the uses identified above should be exempted in the future.

3. When is Cash-in-lieu required and when will it be collected

a. When cash-in-lieu may be taken

The Planning Act provides that a Municipality can choose to accept cash instead of land. This cash is to be equal to the value of the land that would otherwise be given to the City. There are four basic occasions when municipalities are likely to choose to take cash instead of land. They are:

i. Where there is no land large enough or of sufficient quality for a park and/or

ii. Where the City identifies and wants to consolidate land in a more appropriate location (e.g. identified in a Community Design Plan) and/or

iii. Where the area is already well served with parkland and /or.

iv. Where the taking of parkland from the site renders the proposed development or redevelopment unfeasible. This is usually linked to i) above.

The decision to accept cash is made at the time of development by staff. Some communities expressed the concern that this decision should be made in consultation with the community and others have suggested that if parkland cannot be provided on site development should not be approved. Opportunities already exist for public input on park provision in the consultation that accompanies most development and redevelopment proposals. There are clearly situations where sites that are being redeveloped are too small to provide for both development and a park. Also it is better to strive for a few larger functional parks than to have randomly scattered small pieces of land given to the City.

b. Timing

The timing of collection is an issue that will be harmonized through this new By-law. The current practice for the majority of the city is to identify the need and collect the funds at the time of development approval. Former City of Ottawa collected cash-in-lieu at the time of building permit and this practice continued post amalgamation. It is recommended that the procedure be established that the cash-in-lieu of parkland be collected at the time of development approval for all applications. The benefits of this approach will be:

- Funds will obtained by the City at the earliest possible opportunity

- Consistency of approach throughout the city

- All decision-making regarding the parkland requirements will be dealt with under One Stop Service

- The development review process is a public process

- The administration of appraisals and collection of funds will be simplified

Questions have been raised about the value of funds collected and whether they vary depending upon the decision to collect at development approvals versus building permit. In consultation with RPAM it has been found that generally the value will not change. The time differential between the approval date and the actual issuance of building permit is not substantial enough to result in a change of land value. If development does not happen for a prolonged period following site plan approval, the approval requires an extension and at that time, the value can be recalculated.

c. Using Cash-in-lieu

The Planning Act requires municipalities to deposit cash-in-lieu into a dedicated account and restricts the use of this money for the acquisition of land to be used for park or other public recreational purposes, including the erection or repair of buildings and the acquisition of machinery for park or other public recreational purposes.

To date the former municipalities and the City have used a single account for these moneys. Departments access the cash when the Council approves a project and a budget that sources all or part of funds from the cash-in-lieu account. Staff are recommending a change in this accounting process. It is proposed that the cash-in-lieu funds be accounted for in 11 accounts related to the districts identified on the map shown at the end of the Parkland Dedication By-law and one citywide account.

Staff recommend that 60 per cent of all cash-in-lieu payments made in a district will be dedicated to parkland purposes in the district. The balance, 40 per cent, of the cash collected will be directed to a citywide account and will be used to contribute to park projects that serve multiple districts or the city as a whole. The community can contribute to determining how these funds are used within districts by contributing to the identification and prioritization of City projects through the annual budget process. The draft Parkland Dedication By-law includes this approach. Notwithstanding this, where community wide plans identify the park needs these plans should take priority.

d. Monitoring cash-in-lieu

Finance staff have advised that a quarterly financial report can be provided detailing cash-in-lieu for parkland by district and Citywide. This report, called the "Operating Status Report" will contain projected year-end reserve and fund balances. This report will provide continuous accounting of the status of district and citywide funds. This report will be provide to members of Council.

Official Plan Policies

The Planning Act requires that certain policies be included in the City’s Official Plan to support the use of the ‘alternative provisions’ for parkland dedication.

The discussion paper included a draft text for this purpose. An Official Plan amendment to modify policies for parkland dedication has been initiated by staff. The revised text for this amendment is detailed in Document 4 and it is anticipated that the Official Plan amendment will be presented to Committees in early 2009. Staff proposes to bring the Parkland Dedication By-law for adoption by Council concurrently with the adoption of this amendment.

CONSULTATION

A document that identified a proposed approach to Parkland Dedication was circulated to all registered Community Associations, the following Advisory Committees, Ottawa Forests and Greenspace Advisory Committee, Environmental Advisory Committee, Parks and Recreation and City Departments Advisory Committee, and the Rural Issues Advisory Committee. Copies were also sent to architects and developers including the Greater Ottawa Home Builders Association. A Table of Submissions, which includes staff responses, is shown in Document 3.

FINANCIAL IMPLICATIONS

N/A

SUPPORTING DOCUMENTATION

Document 1- Sections, 42 and 51 of the Planning Act

Document 2- Table 1 - Provisions of the Former Municipal Parkland Dedication By-Laws and Table 2 - Other Municipal Parkland Dedication Policies

Document 3- Table of Public Submissions and Committee Responses

Document 4- Proposed Official Plan Amendment

Document 5- Revised Parkland Dedication By-law No. 2009-XX

DISPOSITION

That the Department of Infrastructure Services and Community Sustainability be instructed to include the draft text, included in Document 4, into a stand-alone Official Plan amendment.

That Legal staff prepare the By-law at Document 5 for adoption by Council upon adoption of the Official Plan amendment.

The City’s Real Estate Services be requested to bring forward an area-based Parkland Cash-in-lieu rate for rural severances for inclusion in the City’s Schedule of Fees and Charges in January 2009.

Approval of this By-law will result in the Finance Department needing to create a series of new reserve accounts to receive the funds collected. As well information on the reserves will be provided through the “Operating Status report.” Funds within the existing cash-in-lieu of parkland reserve fund will be placed into the city-wide cash-in-lieu reserve.

SECTIONS, 42 AND 51 OF THE PLANNING ACT DOCUMENT 1

Section 42 Parkland Dedication

Conveyance of land for park purposes

42.  (1) As a condition of development or redevelopment of land, the council of a local municipality may, by by-law applicable to the whole municipality or to any defined area or areas thereof, 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 of the land be conveyed to the municipality for park or other public recreational purposes. R.S.O. 1990, c. P.13, s. 42 (1).

Definition

(2)  For the purposes of subsection (3),

“dwelling unit” means any property that is used or designed for use as a domestic establishment in which one or more persons may sleep and prepare and serve meals. R.S.O. 1990, c. P.13, s. 42 (2).

Alternative requirement

(3)  Subject to subsection (4), as an alternative to requiring the conveyance provided for in subsection (1), in the case of land proposed for development or redevelopment for residential purposes, the by-law may require that land be conveyed to the municipality for park or other public recreational purposes at a rate of one hectare for each 300 dwelling units proposed or at such lesser rate as may be specified in the by-law. R.S.O. 1990, c. P.13, s. 42 (3).

Official plan requirement

(4)  The alternative requirement authorized by subsection (3) may not be provided for in a by-law passed under this section unless there is an official plan in effect in the local municipality that contains specific policies dealing with the provision of lands for park or other public recreational purposes and the use of the alternative requirement. R.S.O. 1990, c. P.13, s. 42 (4).

Use and sale of land

(5)  Land conveyed to a municipality under this section shall be used for park or other public recreational purposes, but may be sold at any time. R.S.O. 1990, c. P.13, s. 42 (5).

Payment instead of conveyance

(6) The council of a local municipality may require the payment of money to the value of the land otherwise required to be conveyed under this section in lieu of the conveyance. 2006, c. 23, s. 17 (1).

No building without payment

(6.1) If a payment is required under subsection (6), no person shall construct a building on the land proposed for development or redevelopment unless the payment has been made or arrangements for the payment that are satisfactory to the council have been made. 2006, c. 23, s. 17 (1).

Redevelopment, reduction of payment

(6.2)  If land in a local municipality is proposed for redevelopment, a part of the land meets sustainability criteria set out in the official plan and the conditions set out in subsection (6.3) are met, the council shall reduce the amount of any payment required under subsection (6) by the value of that part. 2006, c. 23, s. 17 (1).

Same

(6.3)  The conditions mentioned in subsection (6.2) are:

1. The official plan contains policies relating to the reduction of payments required under subsection (6).

2. No land is available to be conveyed for park or other public recreational purposes under this section. 2006, c. 23, s. 17 (1).

Determination of value

(6.4)  For the purposes of subsections (6) and (6.2), the value of the land shall be determined as of the day before the day the building permit is issued in respect of the development or redevelopment or, if more than one building permit is required for the development or redevelopment, as of the day before the day the first permit is issued. 2006, c. 23, s. 17 (1).

Where land conveyed

(7)  If land has been conveyed or is required to be conveyed to a municipality for park or other public purposes or a payment of money in lieu of such conveyance has been received by the municipality or is owing to it under this section or a condition imposed under section 51.1 or 53, no additional conveyance or payment in respect of the land subject to the earlier conveyance or payment may be required by a municipality in respect of subsequent development or redevelopment unless,

(a) there is a change in the proposed development or redevelopment which would increase the density of development; or

(b) land originally proposed for development or redevelopment for commercial or industrial purposes is now proposed for development or redevelopment for other purposes. 1994, c. 23, s. 25.

Non-application

(8)  Despite clauses 74.1 (2) (h) and (i), subsection (7) does not apply to land proposed for development or redevelopment if, before this subsection comes into force, the land was subject to a condition that land be conveyed to a municipality for park or other public purposes or that a payment of money in lieu of such conveyance be made under this section or under section 51 or 53. 1994, c. 23, s. 25.

Changes

(9)  If there is a change under clause (7) (a) or (b), the land that has been conveyed or is required to be conveyed or the payment of money that has been received or that is owing, as the case may be, shall be included in determining the amount of land or payment of money in lieu of it that may subsequently be required under this section on the development, further development or redevelopment of the lands or part of them in respect of which the original conveyance or payment was made. 1994, c. 23, s. 25.

Disputes

(10)  In the event of a dispute between a municipality and an owner of land on the value of land determined under subsection (6.4), either party may apply to the Municipal Board to have the value determined and the Board shall, in accordance as nearly as may be with the Expropriations Act, determine the value of the land and, if a payment has been made under protest under subsection (12), the Board may order that a refund be made to the owner. 1994, c. 23, s. 25; 2006, c. 23, s. 17 (2).

Same

(11)  In the event of a dispute between a municipality and an owner of land as to the amount of land or payment of money that may be required under subsection (9), either party may apply to the Municipal Board and the Board shall make a final determination of the matter. 1994, c. 23, s. 25.

Payment under protest

(12)  If there is a dispute between a municipality and the owner of land under subsection (10), the owner may pay the amount required by the municipality under protest and shall make an application to the Municipal Board under subsection (10) within 30 days of the payment of the amount. 1994, c. 23, s. 25.

Notice

(13)  If an owner of land makes a payment under protest and an application to the Municipal Board under subsection (12), the owner shall give notice of the application to the municipality within 15 days after the application is made. 1994, c. 23, s. 25.

Park purposes

(14)  The council of a municipality may include in its estimates an amount to be used for the acquisition of land to be used for park or other public recreational purposes and may pay into the fund provided for in subsection (15) that amount, and any person may pay any sum into the same fund. 1994, c. 23, s. 25.

Special account

(15)  All money received by the municipality under subsections (6) and (14) and all money received on the sale of land under subsection (5), less any amount spent by the municipality out of its general funds in respect of the land, shall be paid into a special account and spent only for the acquisition of land to be used for park or other public recreational purposes, including the erection or repair of buildings and the acquisition of machinery for park or other public recreational purposes. 1994, c. 23, s. 25.

Investments

(16)  The money in the special account may be invested in securities in which the municipality is permitted to invest under the Municipal Act, 2001 or the City of Toronto Act, 2006, as the case may be, and the earnings derived from the investment of the money shall be paid into the special account, and the auditor in the auditor’s annual report shall report on the activities and status of the account. 1994, c. 23, s. 25; 1996, c. 32, s. 82 (5); 2002, c. 17, Sched. B, s. 15; 2006, c. 32, Sched. C, s. 47 (10).

Section 51.1 Parkland

Parkland

51.1(1)The approval authority may impose as a condition to the approval of a plan of subdivision that land in an amount not exceeding, in the case of a subdivision proposed for commercial or industrial purposes, 2 per cent and in all other cases 5 per cent of the land included in the plan shall be conveyed to the local municipality for park or other public recreational purposes or, if the land is not in a municipality, shall be dedicated for park or other public recreational purposes.

Other criteria

(2)If the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality and if the municipality has an official plan that contains specific policies relating to the provision of lands for park or other public recreational purposes, the municipality, in the case of a subdivision proposed for residential purposes, may, in lieu of such conveyance, require that land included in the plan be conveyed to the municipality for park or other public recreational purposes at a rate of one hectare for each 300 dwelling units proposed or at such lesser rate as may be determined by the municipality.

Payment in lieu

(3)If the approval authority has imposed a condition under subsection (1) requiring land to be conveyed to the municipality, the municipality may, in lieu of accepting the conveyance, require the payment of money by the owner of the land,

(a) to the value of the land otherwise required to be conveyed; or

(b) where the municipality would be entitled to require a conveyance under subsection (2), to the value of the land that would otherwise be required to be so conveyed.

Determination of value

(4)For the purpose of determining the amount of any payment required under subsection (3), the value of the land shall be determined as of the day before the day of the approval of the draft plan of subdivision.

Application

(5)Subsections 42 (2), (5) and (12) to (16) apply with necessary modifications to a conveyance of land or a payment of money under this section. 1994, c. 23, s. 31.

Table 1 Provisions of the Former Municipal Parkland Dedication By-Laws DOCUMENT 2

Municipality	Industrial	Commercial	Residential	All Other	Temporary Use	Cash-in-lieu calculation
Gloucester By-law 98 of 1996 By-law 4 of 2000	Yes 2% land or cash on subdivision, site plan, road openings, condos and consents	Yes 2% land or cash on subdivision, site plan, road openings, condos and consents Exempted Sites with area of 1000m2 or less	Yes 5% land or cash singles & semis, 1 hectares /300 units for multiples Subdivision and Site Plan, road openings condos and consents. Exempted Non Profit housing projects	Yes] 5% land or cash	Yes Deferred until permanent zoning is sought	Yes The day before building permit
Ottawa By-law 255 -2000	Yes 2% land or cash	Yes 2% land or cash	Yes 5% land or cash Exempted land located within area defined by By-law and any development downtown other than Lebreton Flats portion of downtown or development of more than 50 units	Yes 5% land or cash and where such is an addition the amount is prorated to the increase in gross floor area Exempted are: College or universities CAHDCO leasehold project	Yes Exempted	Not addressed in by-law
Kanata By-law 195-88 Motions of Council OP policies	Yes 2% land or cash Exempted severances in the rural area	Yes 2% land or cash Exempted severances in the rural area	Yes 5% land or cash Exempted severances in the rural area Some Community Specific Park requirements applied	Yes 5% land or cash	Not addressed in by-law	Not addressed in by-law but by resolution of Council the valuation was based upon a two acre lot only
Goulbourn By-law 54/92	Yes 2% on Subdivision	Not addressed in by-law	Yes 5% on urban and rural subdivisions $ 1000 cash per lot for Rural Estate lot or Village lot severances. $ 500 cash per Farm related rural severance	Not addressed in by-law	Not addressed in by-law	Yes Day before approval of subdivision or severance
Rideau By-law 66-91 for Subdivisions, consents, development and redevelopment	Yes $2500 cash plus $1500 per 0.4 hectares to a maximum of $7000	Yes $2500 cash plus $1500 per 0.4 hectares to a maximum of $7000	Yes 5% on urban and rural subdivisions. $1000 cash per urban consent $750 cash per rural consent	Yes $1000 cash	Not addressed in by-law	Not addressed in by-law
Cumberland By-law 53-88	Yes 2% land or cash urban and rural subdivisions, site plan	Yes 2% land or cash urban and rural subdivisions, site plan	Yes 5% land or cash for rural residential subdivisions 5% as land or cash for urban residential subdivisions or site plan or an alternative requirement of 1.2 Hectares /1000 population or $1000 cash per lot for rural severances $164.04 per metre of frontage for severance of urban lots $500 cash per lot for Farm Retirement purposes	Yes 5% of land or cash	Not addressed in by-law	Not addressed in by-law
Nepean 59-85	N/A	N/A	Yes 5% land or cash	N/A	Not addressed in by-law	Not addressed in by-law
Vanier	No by-law found
Rockcliffe Park	No by-law found
Osgoode	No by-law found
West Carleton	No by-law found

Table 2 Other Municipal Parkland Dedication Policies

Municipality	Industrial	Commercial	Residential	All Other	Temporary Use	Cash-in-lieu calculation
Toronto	Yes 2% land or cash	Yes 2% land or cash	Yes 5% land or cash except Alternative requirement of 0.4 hectares /300 or cash with § a 10% limit for sites <1 Hectares § a 15%limit for sites 1- 5 Hectares § a 20% limit for sites >5 Hectares	Yes 2% land or cash	N/A	Also collect cash-in-lieu at Building Permit
Burlington	Yes 2% land or cash	Yes 2% land or cash	Yes 5% land or cash for densities sites less 15 units per net Hectares 1 Hectares per 300 units for densities greater than t 15 units per net Hectares	Yes 2% land or cash	N/A	Also collect cash-in-lieu at Building Permit Cash in lieu is calculated as: § the land value the day before building permit for low density development § the lesser of land value or $6500 per unit for medium density development § the lesser of land value or $5500 per unit for high density development
Hamilton	No	Yes 2% land or cash	Yes 5% land or cash or 1 Hectares per 300 units for densities between 20 - 75 units per net Hectares or 0.6 Hectares per 300 units for densities > 75 units per net Hectares	Yes 5% land or cash except for some specific exemptions	N/A
Kingston	Yes 2% land or cash	Yes 2% land or Cash	Yes 5% land or cash for densities under 17.5 units per net Hectares otherwise the alternative requirement calculated as follows: § 30 sq m per unit for one or two unit dwellings § 33 sq m per unit for row or townhouses § 17.5 sq m per unit for multiple dwellings	Yes 5% land or cash	Not addressed
Mississauga	Yes 2% land or cash	Yes 2% land or cash	Yes 5% land or cash or 1 hectares per 300 units	Yes 2% land or cash	Not addressed	Collect cash-in-lieu at Building Permit stage only

Guelph

Yes 2% land or cash

Yes 2% land or cash

Yes § 5% land or cash for development < 50 units per net Hectares § 7.5 % for development between 50 - 100 units per net Hectares § 10% for development > 100 units per net Hectares

Yes 5% of land or cash

Not addressed

Also collect cash-in-lieu at Building Permit

Table of Public Submissions and Committee Responses DOCUMENT 3

Comment	Response
1. Domicile Developments Inc.- Opposes the use of any parkland dedication rate that exceeds 5% for residential uses proposed in the Official Plan particularly in the downtown where the added cost will make it more difficult to build.	The proposed rate will impact downtown development more than development in suburban locations. The cap of 10% is intended to make this parkland rate more predictable in the area and less onerous than most other urban municipalities.
2. Resident -The City should not retain 40% of the cash-in-lieu taken in a district be used for city-wide park purposes.	The reason that a citywide fund is recommended is to ensure that the City has funds to provide for facilities that benefit more than one district., such as land acquisition for citywide projects. And examples of this are the existing Andrew Hayden Park, Petrie Island or the soccer park at 5650 Mitch Owens Road.
3. Resident -The rate for institutional are too and will prejudice non-profit organizations developing institutional uses. The discussion paper did not provide justification for the increase in the contribution for these uses being raised from 2% to 5% when these uses provide vital public services Applicants often request and are given exemptions.	The proposed approach reflected the approach of the former municipal by-laws which all require 5% dedication. The City of Ottawa has granted exemptions in the past to some developments. Staff have reviewed the circumstances and propose to exempt non-profit uses from the requirement for parkland dedication.
4. Resident -The provisions are too strict and the City should accept lands subject to occasional flooding as parklands	Generally if the lands cannot be developed for other purposes then they are not suited to park development. This does not preclude the City using flood prone lands in public ownership for passive recreation purposes.
5. Two-acre rural lots are more expensive to develop than high-density developments in the urban area and should not have to provide parkland. Instead parkland should be provided in the Villages.	People living on rural estate lots do contribute to the demand for parks and sports fields in the rural area and should contribute to the provision of these facilities. The Staff recommendation is that the City should take cash-in-lieu in this circumstance and acquire land in or adjacent to villages.
6. New Edinburgh Community Alliance (NECA) - a. No way to assess how rates compare to other municipalities. b. When does the parkland rate start to apply? c. Rather than taking cash in lieu where dedication on site would make the development unfeasible this group feels that the development should not be approved or reduced in scale. d. Will there be consultation when spending cash-in-lieu funds. e. When area based values are used will they be made public	a. Table 2 Document 2 attached to this report identifies the parkland rates for a number of other municipalities. b. The City will apply the rates upon adoption of the parkland dedication by-law. c. Most situations where develop becomes not feasible is where the taking of parkland from the site reduces the developable area to the point where it is no longer economical to develop the land d. Spending cash-in-lieu funds requires project and budget approval by Council to access the cash-in-lieu account. The community can contribute to determining how these funds are used within districts by contributing to the identification and prioritization of city projects through the usual budget process. e. An area based rate for parkland is only proposed for rural severances at this time. Where an area based rate is to be used elsewhere a change to the Parkland Dedication By-law will be required and the area rate will be identified in the City’s schedule of fees and charges.
7. Plant Pool Recreation Association - a. Communities that currently suffer a parkland deficit should retain 100% of their cash-in-lieu while communities that have a parkland surplus should have their cash-in-lieu allocate to citywide use. b. Allow off site dedication to be used to provide parkland in communities with a current parkland deficit. c. Why not have much smaller districts	a. The City’s Official Plan states that cash-in-lieu “…will be for the acquisition of new parkland or the improvement of existing local park and recreational facilities accessible to the area being developed.” As communities grow, they all generate the need for recreational space. b. The essence of the above policy is that the dedication land or cash should be accessible to the development. This approach would need the agreement of both communities since a district approach is proposed. c. The smaller the district the less cash-in-lieu is amassed and potential to acquire land is reduced.
8. Hintonburg Community Association - a. Waiving of parkland dedication and particularly waiving cash-in-lieu should not be considered in the older inner-city residential neighbourhoods. b. The Districts recommended by staff are too large and recommend that wards be used. c. Suggest that all parks be dedicated. Since some land that the community considers a park may in fact not be a dedicated park.	a. The proposed by-law does not recommend waiving of parkland requirements, including cash-in-lieu, for any residential development with the exception of accessory apartments and non-profit projects. b. The districts proposed in the draft by-law are: § intended to mirror as closely as possible the Development Charges collection areas; and § to be large enough to incorporate sufficient development or redevelopment to generate funds that will be usable within the district. Fragmenting the funds into many small districts can detrimentally restrict opportunities to acquire land. c. Only parks that are provided through the development process are ‘dedicated’. The former municipalities often acquired land for parks and also may have converted other city-owned land to greenspace. These greenspaces cannot be ‘dedicated’ but many are zoned as open spaces and like any public land must go through a public process if they are declared surplus. Vacant land, in private ownership, is also frequently viewed by the community as park while they are not. At the time of development the City will assess the ability to protect a portion of these lands for park purposes.
9. Ottawa Catholic School Board - The Board supports the exemption fro parkland dedication given to schools.	The proposed by-law does not require parkland dedication from schools
10. Resident - The requirement for the provision of parks in association with commercial developments is supported	The proposed by-law will require parkland for commercial and industrial development. The provision of parks in this area will be contingent upon opportunities and community design plan allocation of parks.
11. Resident -The city should provide incentives to developers to provide more than 5% parkland.	Incentives can be considered but were not part of the project t o present a parkland by-law. The proposed by-law requires higher rates of parkland to be provided as residential densities increase.
12. Ottawa Community Gardening - a. Believe that Community Gardens should be identified as a priority land-use with access to parks. b. Add to the location and functional requirements for parks that they be engaging and meaningful to a wide demographic c. For residential apartments, that parkland be provided in the direct vicinity of the development and that community garden space be a priority d. If the City is to exempt non-profit housing projects from parkland dedication then City should provide alternative funding for park delivery to avoid social stratification of parkland access.	a. The City’s Zoning By-law already permits community gardens in City parks. The merits of providing space for community gardens should be weighed with the other competing interests for park space. b. Policies to this effect are proposed in the Official Plan Amendment at Document 3 c. The ability to meet this objective varies depending upon where development is occurring and the availability of lane in the vicinity. If parkland cannot be provide on the site it is often difficult to guarantee that parkland will be provided in the immediate vicinity. It is the city policy to attempt to provide parkland or enhance facilities that can be used by the residents of the development. d. Agreed. This report does not examine the other sources of parkland funding.
13. Resident -The Rural Pathways Plan should be used as an additional guideline for determination of future park locations	The Parkland Dedication By-law does not dictate the location of parks it only establishes when and how much parkland dedication will be required. The Rural Pathways Plan was prepared by representatives of a number of rural communities and was endorsed by Council. The document has assisted in the preparation of community design plans for villages and was considered in the preparation of the City’s Cycle Plan. Providing connectivity between city parks remains an objective of the Official Plan.
14. Resident - Disagree with any cash-in-lieu being allocated to a city wide account to be administered by the City staff and Council because of a bias towards urban areas	Staff recommends that 40% of the cash collected will be used to contribute to park projects that serve multiple districts or the city as a whole. Given the need for larger scale recreational areas such as multi filed soccer and ultimate frisbee parks, it is necessary to protect funds to enable the purchase of sufficient land. These purchases can involve millions of dollars and no one district will accumulate such large reserves.
15. Resident - 100% of the cash-in-lieu collected in the rural districts should only be spent in the nearest village to the development.	While the provision of parks in villages is more efficient in terms of population density and proximity to other services the City must also provide facilities for a highly dispersed rural population as well as higher order parks are discussed in 14 above.
16. Urbandale Corporation a. The City’s approach should consider existing agreements made with developers that broaden the definition of parkland and that may no longer be considered once the by-law is adopted. These should be acknowledged in the Official Plan amendment. b. It appears that the parkland for apartments would be 10% in every case. How will parkland be calculated? c. Will the City refund a developer / landowner if the maximum density is not achieved where parkland is assessed using the zoning of the land? d. What scenario would have development occurring without a Planning Act approval? e. For area based rates will there be a public approval process for the area used? f. How was the percentage for the city wide account established?. g. Institutional uses should fall into the same category as commercial or industrial. h. Parkland should include natural environment areas.	a. The intention is to recognise existing agreements within the Parkland Dedication By-law. b. Parkland for apartments will be calculated based upon the number of units provided at the rate of 1hectare per 300 units. If the resulting area of land exceeds 10% of the site area, the dedication or cash-in-lieu will be taken as 10% of the site area or value. For many large apartment projects this will be the contribution. Smaller projects may contribute less than 10%. c. Where parkland needs to be assessed at the subdivision stage and the owner does not provide information on the potential development the parkland requirement will be estimated based upon the zoning. If the ultimate development does not meet the estimated density the City will compensate the land-owner in the same manner as it now does. d. Dwellings on existing lots and some additions are rated small enough not to warrant site plan approval. e. An area based rate for parkland is only proposed for rural severances at this time. This rate will be established using semi annual appraisals undertaken by the City. Currently each site is subject to an individual appraisal. Setting a flat rate will provide clarity to the applicant, reduce the administrative process required and eliminated the current appraisal fee of $500 +GST. Where an area based rate is to be used elsewhere a change to the Parkland Dedication By-law will be required and the area rate will be identified in the City’s schedule of fees and charges. f. The percentage for the district and the citywide account was recommended by staff to ensure that there are sufficient funds available to leverage opportunities that may arise. g. Most institutional uses are exempt and the previous practice has been to require 5%. h. The City has an acquisition policy for significant wooded land within the City but really needs table land for park purposes. The Parkland Dedication By-law is intended to deal with this latter need.
17. Ottawa Forests and Greenspace Advisory Committee (original submission attached) - a. It would be helpful to know how the City defines parkland b. This by-law should be co-ordinated with other city by-laws such as the Tree Preservation By-law and other policy documents such as the Climate Change Strategy etc. c. Believe that the percentage of parkland should be increased for all uses to a minimum of 5% d. Add land within 30 m of a riparian border to a watercourse as land not acceptable as parkland. e. Request copies of section of the sections 42 and 51 of the Planning Act be added as an appendix. f. A minimum requirement should be added for rural consents g. Do not understand why non-profit housing is exempted and believe that in the case of the places of worship and educational institutions should provide greenspace as part of the development. h. .acknowledging a credit for existing development is not understood. i. Cash in lieu should be a last resort with priority given to land dedication and OFGAC should be included in the determination of when it is used. j. What criteria are used to determine that there is insufficient land that is usable or functional as a park k. Who determines if the development is “unfeasible” in relation to onsite dedication of land? l. Who determines if other land is more appropriate or accessible for park purposes m. Who decides that an area is well served with parkland? This should include both active and passive parkland n. How Development Charges and other cash-in-lieu payments influence land values needs to be explained o. When allocating cash -in-lieu funds the city should identify that it is for the acquisition of “active and passive” parks p. There are not mechanisms in the accounting proposed by staff to ensure that cash-in-lieu is not consumed in the provision of buildings on parks and not the acquisition of greenspace. q. Identify what the Planning Act provisions are as an appendix. r. Change the proposed Official Plan amendment to reference passive recreation s. Do not agree that exemptions or exceptions should be given to the requirement for parkland dedication. t. Recommend that the other agreements that have been established with developers be posted on the website and updated regularly. u. In addition to the types of land that the City may not accept as parkland include land within 30 metres of the riparian zone of waterways	a. The Parkland Dedication By-law does not define parkland. Generally the by-law deals with land that is dedicated through the development process and that is land suitable for the use of the public for recreational purposes. The city provides a variety of different parks ranging from sports fields to walking trails. Not all of these are dedicated parks. b. This by-law is specific to the empowerment of the City to require parkland at the time of development and to the extent possible is consistent with the other City by-laws and policies. c. The Act limits the amount of parkland that can be required from Commercial and industrial uses d. Staff agree that while land that may be flood prone or that contains unstable slopes may not be accepted as parkland it is also an objective of the City to acquire and preserve tableland adjacent to waterways. This may be within the 30-metre setback. e. Document 1 to this report includes extracts from the Planning Act for information purposes. These will not be included in the Parkland Dedication By-law f. An area based rate for parkland is proposed for rural severances. This rate will be established using semi annual appraisals undertaken by the City. Currently each site is subject to an individual appraisal. Setting a flat rate will provide clarity to the applicant, reduce the administrative process required and eliminated the current appraisal fee of $500 +GST. g. Non-profit organisations utilise public money including City funds to provide housing and other services. The City in previous by-laws has exempted non-profit housing groups. Providing these organisations with money only to request it back seems to be counter the intention to provide cost effective services. The Parkland Dedication By-law is intended to deal with the provision of public parks. The provision of on-site greenspace is addressed through landscaping plans etc. at the time of site plan approval. h. There are many properties in the older areas of Ottawa that were not required to contribute to parkland when they were developed. When these properties are redeveloped the development already on the site is grandfathered. For example if a single residence is replaced by four town homes the property is only required to contribute parkland for the three new dwellings. This grandfathering is established in the Act. i. Cash-in-lieu is a last resort and the circumstances where it is considered are identified in the By-law. The decision to recommend the acceptance of cash-in- lieu is made by staff. Development applications are circulated to OFGAC for comments and they have an opportunity to make recommendations on parkland dedication to staff and Council at that time. j. The determination of the amount and usefulness of the land for park purposes is made by Staff dealing with the development application in consultation with the staff responsible for the development and programming of parks. Again advisory committees and the community can provide input through the development review process. k. See j above. Feasibility usually is a measure of the likelihood that development can, or cannot, proceed if land is removed for a park. l. Cash-in-lieu is often taken in new communities where the City wishes to consolidate land in specific locations for parks. These parks are normally identified through the community design plans of larger development plans where the public has been involved in the design of the new community. The city may prefer to purchase a surplus school site using cash-in-lieu from number of developments rather than getting smaller pieces of land from these developments that may be less useful. m. Being well served with parkland is rarely identified as a reason for cash in-lieu being required. This decision is made in light of the City’s park programming needs and must balance the community’s active and passive parkland requirements. The City’s Sportsfield Strategy identified needs in all communities in regard to active recreation needs over the planning period. n. The Ontario Municipal Board has given directions to municipalities when determining the value of a property for the purpose of establishing the amount of cash-in-lieu. Where the municipality uses the sale value of a similar property to establish the market value of the land being developed, the municipality must discount the sale price of any Development Charges and municipal fees and charges that may be inherent in the sale price. o. The purpose of the by-law is to establish the legal mechanism to enable the City to get either land or cash-in- lieu. It is not intended to determine the type of parkland that is acquired. p. There are no mechanisms in the proposed Parkland Dedication By-law that dictate that the money is to be only used for land acquisition as the use of the cash-in-lieu will vary depending upon the needs of the community. In general the intention is that cash-in-lieu will be used for land purchase. q. See e. above. r. The draft Official Plan amendment has been revised from that included in the Discussion document. The amendment will be re-circulated and OFGAC will have an opportunity to comment on the draft at that time. s. Staff do not agree, there are a number land uses that do not generate demand for parkland and the City has provided exemptions in the past for these uses. t. It is proposed that those agreements that are contrary to the Parkland Dedication By-law will be identified in the By-law. As of the date of adoption of the By-law all agreements must conform to the provisions of the by-law. u. See d. above.
18. Parks and recreation Advisory Committee - a. That woodlots retained for conservation purposes be removed from the list of lands not suitable for dedication as parkland. b. That the City not exempt non-profit rental or not-for-profit sponsored ownership residential development from parkland dedication.	a. Disagree. The City does not want to be in the position of being required to accept woodland as parkland. The draft By-law at Document 5 states that the General Manager or delegate retains the right to not accept these lands as parkland. This does not preclude exceptional circumstances where this land would not be considered and such consideration would include the evaluation of the recreation needs of the community. b. Disagree, Most non-profit housing projects receive financial support or land from the City and taking land or money back contradicts the original intent. City Council already exempts non-profit housing projects and amended the former Parkland By-laws accordingly.

Ottawa Forests and Greenspace Advisory Committee

Comité consultatif sur les forêts et les espaces verts d'Ottawa

Subject : Proposed Approach to Parkland Dedication - Discussion Paper

Thank you for the opportunity to provide comment on the Proposed Approach to Parkland Dedication. We found that there were many excellent components in the proposal, but have some major concerns overall and suggestions for several modifications.

Firstly, it would be helpful to know how the City defines “parkland” for the purposes of this by-law. There should be a definition provided. OFGAC’s position would be that within that definition should be both specific and overall biodiversity considerations, as well as human uses. Parkland greenspaces, even small sites, are important for creating biodiversity oasis and networks within the urban area. Pollinating insects, for example, can make use of very small areas with appropriate vegetation as long as there are several of these areas within a relatively close distance to provide enough habitat. Trees help to clean and cool the air, both desirable functions in an urban environment. Any designation of parkland must include biodiversity considerations to be relevant and responsible. The definition of parkland should also be creative to take advantage of many situations. For example it could include green roofs, and living fences and thickets along back alleyways in older parts of the city.

In addition, the components of this by-law should be coordinated with other documents currently being prepared for and by the City including the Urban Tree Conservation By-law (Forestry Department), the Climate Change Strategy (Environment Department) and the Biodiversity Strategy (Environmental Advisory Committee). All four have relevance to each other and should be mutually supportive in their intent and language.

Another concern is that there is absolutely no mention of the acquisition of forested or field areas and their use for passive parks. This component has been completely ignored. We are referring to un-manicured spaces or open areas not cleared for soccer fields and other active use, but spaces for residents of Ottawa to enjoy for passive recreation. Passive parks play an important part in the recreational framework. Acquisition of forested areas, and other ecosystems, in the urban and rural areas is too often overlooked: The time has come to incorporate it in all future approaches to Parkland Dedication and to the Parks and Recreation Master Plan.

We find that the percentages of required parkland per specified use are low and should be increased by at least 2-3% overall (5% would be preferred). Parkland (green areas) is becoming increasingly more important in the era of climate change, and urban areas especially will require more heat and air quality mitigation as time goes on. Planning now for more green area will show responsible foresight. As well, it is important with the City’s emphasis on intensification to include as much required greenspace/parkland as possible in the by-law so that in the future both human and other species inhabitants will have many natural and semi-natural areas to ensure quality of life, including both physical and psychological health, and well-being.

The OFGAC’s specific modifications to the discussion paper are as follows:

Section 2. Parkland Dedication

Item d. Condition of Land for Conveyance

To add vii. Any land less than 30 meters from riparian borders.

Section 3. Dedication Requirements

Item a. Amount of Land

We recommend that a copy of Sections 42(3) and 51.1(2) of the Planning Act be added as an Appendix.

Table 1. Dedication Rates

Residential – Rural

Except Apartment Dwellings

A minimum requirement should be added under “Consents – Flat rate (to be determined)”.

Section 4. Exemptions

Item a. Development Exempted from Parkland Requirements

We do not understand why items ii, vii and viii are included in this category.

For item ii. we believe that greenspace is much needed in these developments for the benefit and welfare of the inhabitants.

For items vii. and viii., in the case of institutions such as churches and universities, etc., it should be a public responsibility to incorporate greenspace into their development. If traditional greenspace and parkland is not viable, then other options such as green roofs, courtyards with trees and gardens, etc. should be required.

This would be a missed opportunity otherwise

Item b. Credit for existing development

Reference to “a credit will be given” is unclear on two fronts: First, how this would be done and; why a credit would be provided when “some or no parkland contribution has previously been made”. We believe that further clarification is required.

Section 5. Cash-in-lieu Requirements

This cash-in-lieu provision should be made a “last resort” option, seldom used, the priority being to ensure adequate parkland and greenspace within the City of Ottawa.

We find that there are many undefined and indeterminate references in this section that need to be better spelled out. The decision-making process is unclear. Who will actually make the decision to allow cash-in-lieu. We request that the OFGAC should be included in this determination process. The process should be transparent with decisions readily available to the public.

Item a. Guidelines when Cash-in-lieu may be considered

In item i. how will it be determined that “there is no land that is usable or functional “? What are the guidelines/definition for this? The definition of parkland should be broad enough to cover almost any situation and allow the developer to meet at least some requirement. We also recommend that “parkland purposes” be defined as including not only buildings for recreational purposes and active parkland but also passive parkland.

In item ii. who will determine when the development or redevelopment is unfeasible and what does unfeasible actually signify?

In item iii. how is “more appropriate or accessible” defined and who will decide on this criteria?

In item iv. who will decide and using what criteria that “ an area….is already well-served with parkland”? This should include both active and passive parkland areas.

An additional Appendix that includes this information would be helpful.

Item d. Market Valuation

In the second paragraph “Where land sales…in the form of Development Charges or cash-in-lieu payments that influence those sales or comparable sales.” We recommend that clarification on how this could unfold needs to be described here.

6. Administration

Item a. Managing Cash-in-lieu

“The Council will allocate funds…process.” We recommend adding the following: for the purpose of acquiring parkland for active and passive use throughout the city. And reiterating it in the next paragraph “It is Council’s Policy that these funds will be used for the acquisition of new parkland”, we recommend adding for active and passive use.

Under Item a. Managing Cash-in-lieu

i. Citywide sub-account, and ii. District sub-account

We understand the need for the two sub-accounts, however, there are no measures stipulated that would prevent utilizing the majority of the funds for purchasing lands to build recreational buildings on, while leaving empty coffers for the acquisition of greenspace. Accountability for a balanced distribution of funds for all uses is lacking in the proposed approach.

Item b. Other Contributions to Cash-in-lieu Accounts

For clarification purposes, we recommend identifying what is permitted by the Planning Act in an Appendix.

Item c. Use of land conveyed

“Land conveyed…used for park…” We recommend adding the words active and passive before the word park.

Item d. Other Agreements

We recommend to provide the “other agreements” on the city’s website for residents to see, and be updated twice a year.

Attachment 3 – Proposed Changes to the Official Plan

Amend section 2.5.4 A Strategy for Parks and Leisure Areas, as follows:

Policy # 4

“As a condition of approval….in conformity with the provisions of the Planning Act and in a manner that best meets the park and leisure needs of the community” We recommend the following: including passive recreation.

Policy # 7

“The City may identify development that is exempt from parkland dedication requirements in the Parkland Dedication By-law.” We believe that this proposed policy leaves it wide open and unfavorable. As stated earlier, we object to the exemptions noted in section 4. Exemptions, a. Development Exempted from Parkland Requirements. Greenspaces are beneficial to residents in these areas and this is an opportunity to introduced additional vegetated areas in the form of parkettes and green courtyards.

Policy # 8

In addition to the “a.” to “f.” items, we recommend adding another item which states the following: any land less than 30 metres from riparian borders.

Submitted by

Nicole Parent, Chair Heather Hamilton, Vice-Chair

OFGAC OFGAC

M E M O / N O T E D E S E R V I C E

To / Destinataire	Chair and Members of Council / Président et membres du Conseil	File / N° de fichier: ACS2008-CCV-PRA-0002
From / Expéditeur	C. Zwierzchowski, A/Advisory Committee Coordinator, Parks and Recreation Advisory Committee / Coordonnateur du Comité consultatif intérimaire, Comité consultatif sur les parcs et les loisirs	Contact / Personne-ressource : Christopher Zwierzchowski, A/Advisory Committee Coordinator / Coordonnateur du Comité consultatif intérimaire 580-2424 Ext. 21359 Christopher.Zwierzchowski@ottawa.ca
Subject / Objet	Parks & Recreation Advisory Committee - Motion on Proposed Parkland Dedication Policies / Comité consultatif sur les parcs et les loisirs - Motion sur les politiques proposées relativement aux terrains à vocation de parc	Date: 27 November 2008 / le 27 novembre 2008

BACKGROUND

At its meeting of 28 October 2008, the Parks and Recreation Advisory Committee considered a motion regarding proposed parkland dedication policies speaking to amending a City bylaw discounting woodlots for parkland dedication. Following Committee discussion, the following motion was carried by the Advisory Committee (an extract of minute is attached to this memo).

Whereas the City has produced a discussion paper on a proposed approach to parkland dedication and,

whereas the parks and recreation advisory committee has been requested to review and provide input in the discussion paper and,

whereas the discussion paper proposes that the city may not accept woodlots retained for conservation purposes as dedicated park land and,

whereas the discussion proposes that non-profit rental or not-for-profit sponsored ownership residential development be exempted for the provisions of the parkland by-law,

Be it resolved that the Parks and Recreation Advisory Committee request that the final By-Law reflect the following:

1. That Section 2 subsection d) ii) be amended to delete “woodlots retained for conservation purposes”.

2. That Section 4 subsection a) ii) be deleted.

Due to an oversight, this motion was forwarded only to a member of Planning staff, but was not widely circulated to the appropriate standing Committees which were to consider a report dealing with this matter (Update - Parkland Dedication By-Law Review, ACS2008-ICS-PLA-0239). This report was considered by the Community and Protective Services Committee (CPSC) on 20 November 2008, by the Planning and Environment Committee (PEC) on 25 November 2008 and is to be considered by the Agriculture and Rural Affairs Committee (ARAC) at its meeting of 27 November 2008. 

The final report has not yet proceeded to Council for final consideration and/or approval, but is to return for fulsome discussion and consideration by all three bodies again in December / January prior to the adoption of the related By-Law by City Council in January, 2009. This memorandum is being forwarded for your information and to ensure that the motion and views of the Parks and Recreation Advisory Committee will be considered prior to the adoption of this By-Law by Ottawa City Council.

C. Zwierzchowski

cc. B. Finlay, Planner, Community Planning & Design, ISCS

K. Currie, Manager, Development Approvals (East/South), ISCS

Coordinator, Community and Protective Services Committee

Coordinator, Planning and Environment Committee

Coordinator, Agriculture and Rural Affairs Committee

Chair, Parks and Recreation Advisory Committee

City Clerk

Attach.

PRAC COMMENTS ON THE
PROPOSED PARKLAND DEDICATION POLICIES

COMMENTAIRES DU CCPL SUR LES POLITIQUES PROPOSÉES RELATIVEMENT AUX TERRAINS À VOCATION DE PARC

Member Perry Marleau spoke to two motions he and member Pierre Grandmaître had drafted regarding proposed parkland dedication policies, one speaking to amending a City bylaw discounting woodlots for parkland dedication, the other speaking to off-site parkland dedication within a development district, failing which, cash-in-lieu (CIL) payments may be considered to benefit the areas within the development district itself. Following Committee discussion, the following motions were considered:

Moved by P. Marleau

Whereas the City has produced a discussion paper on a proposed approach to parkland dedication and,

whereas the parks and recreation advisory committee has been requested to review and provide input in the discussion paper and,

whereas the discussion paper proposes that the city may not accept woodlots retained for conservation purposes as dedicated park land and,

whereas the discussion proposes that non-profit rental or not-for-profit sponsored ownership residential development be exempted for the provisions of the parkland by-law,

Be it resolved that the Parks and Recreation Advisory Committee request that the final By-Law reflect the following:

1. That Section 2 subsection d) ii) be amended to delete “woodlots retained for conservation purposes”.

2. That Section 4 subsection a) ii) be deleted.

CARRIED as amended

Moved by P. Marleau

WHEREAS the discussion paper on proposed parkland dedication policies item 3b states “Generally land dedicated for parkland will be allocated within the land being subdivided, developed or redeveloped. However, the City may consider the dedication of land that is not part of the development as parkland. The decision to accept off site dedication will be made at the time of development approval”

“When considering off site dedication, the City must be satisfied that the parkland provides a benefit to the residents of the land being developed”

AND WHEREAS the above policy provides the City the right to approve off site parkland dedication to other districts within the city, other than the developing district area.

AND WHEREAS it would not serve in the community’s best interest to dedicate parkland outside the development district.

Let it be resolved that PRAC recommend the following amendment to Paragraph 1 above as follows:

“The city shall first consider the allocation to parkland dedication within the land being subdivided, developed, or redeveloped. However, should there be no parkland available within the land being subdivided, developed, or redeveloped, the city shall only consider off-site land dedication within the development district. Failing to secure off-site dedication parkland within the developing district, the City shall then take cash-in-lieu payment.”

LOST

Action: Coordinator to forward motion carried by PRAC to the Community and Protective Services Committee.

PROPOSED OFFICIAL PLAN AMENDMENT DOCUMENT 4

Amend policy 3 Section 2.5.4 - A Strategy for Parks and Leisure Areas by adding at the end the following:

“d. designed to be engaging and useful spaces for people across a wide spectrum of age, and socio-economic demographics and recreational interests.”

Amend Section 4.10 Greenspace requirements to read as follows:

Section 4.10 - Parks and Greenspace Requirements

Parkland Dedication

1) The City shall require parkland dedication in an amount not exceeding 2% for industrial or commercial purposes.

2) The City shall require parkland dedication in an amount not exceeding 5% for all other development except that the City will calculate parkland dedication for residential development at densities that exceed 18 units per net hectare using the ‘alternative rate’ of 1 hectare for every 300 dwelling units as provided in the Planning Act or some lesser amount based upon this rate. The City’s parkland dedication by-law will identify circumstances when a lesser amount will be considered.

3) Notwithstanding policy 2 above the parkland dedication for development in:

a) South Nepean Town Centre Secondary Plan will be determined by policies in that Secondary Plan

b) Land in Kanata Lakes that is subject to the legal agreement to provide 40% greenspace. Parkland will be determined based upon that agreement.

4) Generally land dedicated for parkland will be located within the land that is being subdivided, developed or redeveloped. However, the City may consider the dedication of land that is not part of the development where it is satisfied that the parkland provides a benefit to the residents of the land being developed and the community as a whole.

5) The City may require payment-in-lieu of the parkland dedication where there is insufficient land within the development, where the lands to be dedicated are not the right kind of land, or are not located in the best place, or where open space and parkland targets have already been met. Where payment-in-lieu is taken, it will be for the acquisition of new parkland or the improvement of existing local park and recreational facilities accessible to the area being developed.

6) Where a payment pursuant to policy 5 is required, no person shall construct a building on the land proposed for development or redevelopment unless, the payment has been made or arrangements that are satisfactory to the City, for the payment have been made.

7) The City will determine the parkland dedication for mixed-use development on the basis of the proportion of the site or building occupied by each type of use, or some other proportionate basis, and will implement these and the other provisions above through a parkland dedication by-law.

REVISED

DRAFT PARKLAND DEDICATION BY-LAW DOCUMENT 5

BY-LAW NO. 2009-XX

A by-law of the City of Ottawa regarding, the conveyance of land for park or other public recreational purposes or in lieu of the conveyance of land the payment of money, as a condition of development or redevelopment of land.

The Council of the City of Ottawa enacts as follows:

PART I - 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;

“Building Code” means the Building Code Act, the Regulations made under the Act, and a by-law enacted by Council under the Act, all as amended or re-enacted from time to time;

“building permit” means a building permit issued under the Building Code;

“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 redevelop, development and redevelopment have a corresponding meaning;

“dwelling unit” means:

(a) a unit that,

(i) consists of a self-contained set of rooms located in a building,

(ii) is used or intended for use as a residential premises, and

(iii) contains kitchen and bathroom facilities that are intended to be exclusive to the unit; or

(b) a unit within a rooming or boarding house;

“existing dwelling units or existing non-residential floor space means dwelling units or non-residential floor space that existed legally on the land within the previous 24 months prior to planning approval or the issuance of a building permit for redevelopment whichever occurred 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 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 his not within a Village identified on that schedule.

“temporary permit” means a restricted permit for a temporary building within the meaning of a building by-law of the City of Ottawa passed under the authority of the Building Code Act;

“unit” means a dwelling unit;

“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 a corresponding meaning.

PART II – INTERPRETATION

2. (1) This by-law includes 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 III - CONVEYANCES AND PAYMENTS

3. (1) 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 in Table 1 that corresponds to the type of development:

Table 1

Type of Development	Requirement
Commercial and Industrial	Parkland requirement calculated as 2% of the gross land area of the site being developed.
Residential Development at densities of 18 dwellings per net hectare or more	Parkland requirement calculated as: - 1 hectare for every 300 dwelling units, but for Apartments Dwellings 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 Development at less than 18 dwellings per net hectare	Parkland requirement calculated as follows: - 5% of the gross land area of the site being developed - Rural severance - 400 m^2
Other Uses	Parkland requirement calculated as 5% of the gross land area of the site being developed.
Mixed-Use Development	Parkland 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.

4. (1) Parkland conveyance is not required for development, redevelopment, subdivisions or consents where it is known, or can be demonstrated that, the parkland requirements have been previously satisfied in accordance with the provisions of the Planning Act, unless;

i. there is a change in the proposed development or redevelopment which would increase the density of development; or

ii. land originally proposed for development or redevelopment for commercial or industrial purposes is now proposed for development or redevelopment for other purposes.

(2) In the case of redevelopment of land that results in less non-residential floor area

or less dwelling units or both, no credit or refund will be given.

5. 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

6. The General Manager retains the right not to accept the conveyance of land she /he considers 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 recreational facilities;

e. hydro rights-of-way or easements; and

f. any land containing an easement, encumbrance, or right-of-use that limits or restricts the City’s use of the land.

7. 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 cash-in-lieu of parkland conveyance.

8. (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

9. Notwithstanding Section 2, 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 40% of the total land area being developed as open space.

10. Notwithstanding Section 2, the rates described in Table 1 for residential development 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 5% of the gross land area being developed.

CASH-IN-LIEU

11. Despite Sections 3, 9 and 10 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 a 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; or

(d) where the area being developed or redeveloped is already well served with parkland

(e) for a ‘rural severance.’

12. 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 of a planning approval.

13. (1) Where payment of cash-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 cash-in-lieu has been made or arrangements, that are satisfactory to the City, have been made for the payment.

EXEMPTIONS

14. 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 cash-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, or

(b) land originally proposed for development or redevelopment for commercial or industrial purposes is now proposed for development or redevelopment for other purposes.

15. (1) No conveyance of land or payment of cash-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 where:

(i) the building is repaired 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 or rebuilt; and

(iii) there is no increase in number of dwelling units or 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 in subsection 1(1) of the Education Act;

(g) a municipal or other government use;

(h) a secondary dwelling unit 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 use for which a temporary permit has been issued, unless such use is made permanent; or

(l) any development or redevelopment of a use undertaken in partnership with the City of Ottawa.

(2) No conveyance of land or payment of money 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 in 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

16. This by-law is to be jointly administered by the General Manager of Planning and Growth Management and the Treasurer of the City.

17. (1) The payment of money in-lieu of conveyance imposed by this by-law will be paid into City accounts and used based upon the following distribution:

(a) 40% of all monies paid will be directed to the Citywide Cash-in-Lieu Account and will be used for the acquisition of new parkland or the improvement of existing citywide parks and recreational facilities; and

(b) 60% of all monies paid within a district identified on Schedule 3 will be directed to the appropriate District Cash-in-Lieu Account and will be used only within the district in which it is collected for the acquisition of new parkland or the improvement of existing local or district parks and recreational facilities.

(2) The City may add additional funds to one or more of the Cash-in-Lieu Accounts and any person or organization may pay any sum into one or more of the Cash-in-Lieu Accounts for the acquisition of parkland or for recreational purposes permitted by the Planning Act.

(3) Where cash-in-lieu is levied as a flat rate, such as for rural consents in Table 1, the General Manager shall use a current land evaluation, based upon an 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 6 months. The amount owing for a specific development shall be calculated as at the time of the granting of the rural consent.

18. The General Manager, is authorized to determine the specific combination of land and/or money-in-lieu of land on a site specific basis in accordance with this by-law, the Delegation of Authority by-law and the City’s Official Plan policies.

19. The provisions of this by-law shall apply to all applications for development that are received after the date of passing of this by-law.

TRANSITION

20. Notwithstanding any other provisions of this by-law 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.

PART V - GENERAL

REPEAL

21. By-law Number 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.

22. By-law Number 59-85 of the old Corporation of the City of Nepean entitled “Being a bylaw 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.

23. By-law Number 98-1996 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.

24. By-law Number 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.

25. By-law Number 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.

26. By-law Number 54-92 of the old Corporation of the Township of Goulbourn entitled “Being a bylaw 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.

27. By-law Number 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.

ENACTED AND PASSED this **[ITS1] day of **[ITS2] , 2009.

CITY CLERK MAYOR

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