BYLAW - Parkland Cash in Lieu - 20010626 - 429101FTHE CORPORATION OF THE TOWN OF AURORA
By-law Number 4291-0J.F
BEING A BY-LAW to require land
or cash in lieu thereof for park or
other public recreational purposes as
a condition of the development or
redevelopment of land.
WHEREAS the Official Plan of the Town of Aurora contains specific policies dealing with the
provision and conveyance of lands or cash-in-lieu thereof, for park or other public recreational
purposes including at a rate of one (1) hectare for each three hundred (300) dwelling units
proposed as provided in Section 42 of the Planning Act, R.S.O. 1990, C.P.l3, as amended (the
"Act");
AND WHEREAS the Council of the Town of Aurora deems it necessary and expedient to
provide that adequate land be conveyed or cash in lieu provided for park or other recreational
purposes arising from development or redevelopment;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS:
1. In this by-law:
"Development" means the construction, erection or placing of one or more buildings or
structures on land or the making of an addition or alteration to a building or structure
that has the effect of substantially increasing the size or usability thereof, or the laying
out and establishment of a commercial parking lot or of sites for the location of three (3)
or more trailers, as defined in clause (a) of paragraph 101 of s.210 of the Municipal Act
or of sites for the location of three (3) or more mobile homes, as defined in subsection
46(1) of the Act, or of sites for the construction, erection and location of three (3) or
more land lease community homes, as defined in subsection 46(1) of the Act, and
includes redevelopment;
"Town" shall mean the Corporation of the Town of Aurora;
2. As a condition of development, land is required to be conveyed to the Town for park or
other public recr~ational purposes as follows:
3. (1)
(a) In the case oflands proposed for development for Commercial or Industrial
purposes, land in the amount of two per cent (2%) of the land to be
developed; and
(b) In the case of lands proposed for development for residential or any purpose
other than those mentioned in 2(l)(a) above, at the rate of either five per
cent (5%) of the land to be developed or, for lands proposed for
development for residential purposes, one hectare for each 300 dwelling
units proposed, whichever is greater.
in lieu of requiring the conveyances referred to above, the Town may require the
payment of money to the value of the lands required to be conveyed.
(a) The value of the land shall be determined as ofthe day before the day the
building permit is issued in respect of the development or, where more
By-law No. 4291-0l.F Page 2
than one building permit is required, as of the day before the day the first
permit is issued.
(b) The payment required to be made under this Section 3 shall be made
prior to the issuance of a building permit for the land to be developed.
4. Ifland has been conveyed or is required to be conveyed to the Town for park or other
public purposes, or a payment of money in lieu of such conveyance has been received
by the Town or is owing to it under this by-law or a condition imposed under s.Sl.l or
53 of the Act, no additional conveyance or payment in respect of the land subject to the
earlier conveyance or payment will be required by the Town in respect of subsequent
development unless:
(i) There is change in the proposed development which would increase the
density of development; or
(ii) Land originally proposed for development for commercial or industrial
purposes is now proposed for development for other purposes.
5. Nothing herein shall prescribe or limit the Town's ability to require a combination ofthe
conveyance ofland at the standards specified or cash-in-lieu.
6. The provisions of this By-law are applicable to all lands within the corporate boundaries
of the Town.
7. This by-law shall not apply to lands being restored to a safe condition for a residential
dwelling destroyed by fire, Acts of God, or other causes beyond the control of the
. owner, and where no increase in the number of residential dwelling units results.
8. The provisions of this By-law shall come into force and take effect upon third reading
thereof.
READ A FIRST AND SECOND TIME THIS 26TH DAY OF JUNE, 2001.
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ME AND FINALLY PASSED THIS 26~~;JJ~ylBFJ-U,J~E,2001.
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