BYLAW - Parkland Dedication Bylaw - 20230711 - 6534-23 (2)The Corporation of the Town of Aurora
By-law Number 6534-23
Being a By-law to require the conveyance of parkland or the payment in
lieu of parkland pursuant to the Planning Act.
Whereas sections 42, 51.1 and 53 of the Planning Act authorize local municipalities to
require that land be conveyed, or payment in lieu thereof be made, to the local
municipality for park, or other public recreational purposes as a condition of
Development, or Redevelopment, or the subdivision of land;
And whereas sections 42 and 51.1 of the Planning Act provide for the use of alternative
requirements;
And whereas the Town of Aurora Official Plan contains specific policies dealing with the
provision of lands for park or other public recreational purposes and the use of the
alternative requirement;
And whereas the Town has prepared and made available to the public a parks plan that
examined the need for parkland in the municipality;
And whereas Council for the Town desires to repeal and replace Bylaw Number 4291-
01.F with an updated by-law to provide for the conveyance of land and payment in lieu
thereof for park and other public recreational purposes and the use of the alternate
requirement;
And whereas Section 23.1 to 23.3 of the Municipal Act authorize the delegation of
powers or duties of the municipality subject to restrictions;
And whereas Council for The Corporation of the Town of Aurora deems it necessary
and expedient to enact a by-law to provide for the provision of lands for park or other
public recreational purposes and the use of alternative requirements;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as
follows:
1. Definitions
1.1 In this By-law, the following words have the following meanings:
(a) “Building Permit” means the first permit issued under the Building Code
Act, 1992, S.O. 1992, c. 23, as amended, for a building or structure within
the Development or Redevelopment;
(b) “Council” means the Council of the Town;
(c) “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 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;
(d) “Director of Operations” means the Director of Operational Services of the
Town, or his, her or their designate;
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(e) “Director of Planning” means the Director of Planning and Development
Services of the Town, or his, her or their designate;
(f) “Dwelling Unit” means any property of one or more habitable rooms
designed, occupied or intended to be occupied as living quarters of a
single domestic establishment (self-contained unit) and shall as a
minimum contain sanitary facilities, accommodation for sleeping and
prepare and serve meals in which one or more persons may sleep and
prepare and serve meals, but does not include a housekeeping hotel suite
or a housekeeping suite in a long-term care facility;
(g) “Land Area” means:
i. The area of land subject to an application for Development or
Redevelopment; or,
ii. The area of land that is to be conveyed under this By-law in fee
simple to the Town and which conveyance can be registered in the
Land Registry Office;
(h) “Mixed Use” means the use of land, buildings or structures intended and
designated to contain both residential and non-residential uses, or
commercial/industrial uses and other non-residential uses, within the
same building or on discrete portions of the same site;
(i) “Natural Hazard Lands” means Land that could be unsafe for
Development or Redevelopment because of naturally occurring processes
associated with flooding, erosion, dynamic beaches or unstable soil or
bedrock;
(j) “Net Dwelling Units” means the number of Dwelling Units determined by
subtracting the number of Dwelling Units on the land immediately before
the proposed Development or Redevelopment from the number of
Dwelling Units that will be on the land after the proposed Development or
Redevelopment;
(k) “Privately Owned Public Spaces (POPS)” means physical space that is
privately owned but appears and functions as public space. These spaces:
are secured through an easement in favour of the Town; are designed and
maintained to the standards established by the Town; and remain open
and accessible to the public or on a schedule established by agreement
with the Town;
(l) “Planning Act” means the Planning Act, R.S.O. 1990, c. P.13, as amended,
or successor legislation;
(m) “Redevelopment” means the removal of buildings or structures from land
and further Development of the land, or the substantial renovation of a
building or structure and a change in the character or intensity (density) of
use in connection therewith;
(n) “Residential Purposes” means lands, buildings, or structures, or portions
thereof, used, or designed or intended for use as a home or residence of
one or more individuals, and the residential portion of a mixed-use building
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or structure, and in which both food preparation and sanitary facilities are
provided for the exclusive use of the occupants of the unit;
(o) “Strata Park” means publicly owned parkland or a publicly accessible
privately owned open space located on top of buildings or structures,
including but not limited to parking garages. The strata component of this
definition refers to the horizontal delineation of ownership, as it is
described in the Condominium Act, 1998, S.O. 1998, c. 19;
(p) “Town” means The Corporation of the Town of Aurora, or where the
context requires, the geographical jurisdiction of The Corporation of the
Town of Aurora;
(q) “Treasurer” means the Treasurer of the Town and his, her or their
designate.
2. Lands Affected
2.1 This By-law applies to all lands within the corporate limits of the Town.
3. Calculation of Conveyance and/or Payment in Lieu
3.1 Required Parkland Conveyance and/or Equivalent Payment in Lieu for Non-
Residential Purposes
As a condition of Development or Redevelopment of land, the Town shall require
the conveyance of land or equivalent payment in lieu to the Town for parks and
other public recreational purposes as follows:
(a) Commercial Purposes and Industrial Purposes: Where any form of
Development or Redevelopment is proposed for commercial purposes or
industrial purposes, and where no prior parkland dedication has been
provided for the Development or Redevelopment, or payment in lieu paid,
the Town shall require parkland dedication and/or an equivalent payment
in lieu in the amount equal to 2 percent of the Land Area, unless otherwise
identified as exempt from parkland dedication by the Town.
(b) All Other Non-Residential Purposes: Where any form of Development or
Redevelopment is proposed for other non-residential purposes, and where
no prior parkland dedication has been provided for the Development or
Redevelopment, or payment in lieu paid, the Town shall require parkland
dedication and/or an equivalent payment in lieu in the amount equal to 5
percent of the Land Area, unless otherwise identified as exempt from
parkland dedication by the Town.
3.2 Required Parkland Conveyance and/or Equivalent Payment in Lieu for Mixed-
Use Development
As a condition of Development or Redevelopment of land for Mixed-Use
Development, the Town shall require the conveyance of land and/or equivalent
payment in lieu to the Town for parks and other public recreational purposes
based on the pro-rated mixture of land uses proposed in accordance with the
other sections of this By-law.
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3.3 Required Parkland Conveyance and/or Equivalent Payment in Lieu for
Residential Development
As a condition of Development or Redevelopment of land for Residential
Purposes, the Town shall require the conveyance of land and/or an equivalent
payment in lieu to the Town for parks and other public recreational purposes, as
follows:
(a) The Town shall require a parkland dedication rate of 5% of the Land Area,
or 1 hectare per 600 Net Dwelling Units, whichever generates the greater
parkland dedication to the Town. As an alternative, the Town may require
a payment in lieu of a land dedication at a rate of 5% of the Land Area, or 1
hectare per 1000 Net Dwelling Units, whichever is greater.
3.4 Strata Parks and POPS
The Town, in its sole discretion, may accept the following lands toward satisfying
the parkland dedication requirements to the satisfaction of the Town:
(a) lands that are subject to Strata Park arrangements will be accepted at a
pro-rated rate based on percentage of use and ownership to a maximum
50% parkland dedication credit, subject to legal agreements being entered
into with the Town and registered on title to the lands, which addresses
matters including but not limited to, maintenance, programming, and
operations, to the satisfaction of the Town;
(b) lands that are Privately Owned Public Spaces will be accepted at a rate of
100% parkland dedication credit toward parkland dedication, subject to
legal agreements being entered into with the Town and registered on title
to the lands, which addresses matters including but not limited to,
maintenance, programming, and operations, to the satisfaction of the
Town.
3.5 Maximum Conveyance or Payment in Lieu
Notwithstanding subsections 3.2, 3.3 or 3.4, the maximum conveyance or
payment in lieu to be paid is:
(a) in the case of land proposed for Development or Redevelopment that is
five hectares or less in area, 10 percent of the Land Area or the value of
the Land Area, as the case may be; and
(b) in the case of land proposed for Development or Redevelopment that is
greater than five hectares in area, 15 percent of the Land Area or the value
of the Land Area, as the case may be.
4. Parkland Dedication Credits
4.1 Lands Previously Conveyed
Where land has previously been conveyed, or a payment in lieu of such
conveyance has been previously received by the Town, no additional conveyance
or payment in respect of the land subject to the earlier conveyance or payment
may be required by the Town in respect of subsequent Development or
Redevelopment applications, unless:
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(a) there is a change in the proposed Development or Redevelopment which
would increase the number of residential Dwelling Units of the current use
or currently approved use; or,
(b) lands originally identified for Development or Redevelopment for
commercial and industrial purposes are instead proposed for
Development or Redevelopment for Residential Purposes or any other
non-residential land use that generates a higher parkland dedication.
Where such increase in the number of Dwelling Units is proposed, or where a
land use conversion is proposed from a non-residential land use to a Residential
Purpose, or from commercial or industrial purposes to any other land use, the
conveyance or equivalent payment in lieu of conveyance, as the case may be, will
be subject to the increase in Dwelling Units or land use proposed and the value
determined the day before the day that the first Building Permit is issued.
4.2 Credits Considered
Parkland dedication credits may be considered by the Town where an applicant
has over-provided a parkland dedication for a Development or Redevelopment.
Within two years of the over-provided parkland dedication conveyance or
payment by the applicant, and at the sole discretion of the Town, the Town may
require a lesser parkland dedication on another Development or Redevelopment
by the same applicant, at an appropriate value as determined by the Town and
subject to the applicant and the Town entering into an agreement, if required.
5. Determining when Payment in lieu is appropriate
5.1 The Town shall determine when payment in lieu of a land conveyance is
acceptable versus where a land conveyance will be required. The Town may also
consider when a combination of on-site land dedication, off-site land dedication,
subject to a determination of appropriate value, and/or payment in lieu of land is
appropriate.
6. Timing for Land Value Assessment
6.1 Where land is required to be conveyed to the Town, and/or payment in lieu is
required to be paid to the Town in accordance with this By- law:
(a) for Development or Redevelopment subject to Section 42 of the Planning
Act, the value of the land or payment in lieu equivalent to be paid shall be
determined as the value of the land the day before the day that the
Building Permit is issued, and if more than one Building Permit is required,
the value shall be calculated the day before the day that the first Building
Permit is issued;
(b) for Development or Redevelopment subject to Sections 51.1 and 53 of the
Planning Act, the value of the land or equivalent payment in lieu shall be
determined in accordance with the conditions of approval of a plan of
subdivision or condominium pursuant to Section 51 of the Planning Act or
the conditions of provisional consent pursuant to Section 53 of the
Planning Act.
7. Administration
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7.1 Delegation to Staff
Council hereby delegates to the Director of Planning and the Director of
Operations the administration of this By-Law, including the authority to:
(a) negotiate parkland dedication and/or payment of an equivalent payment
in lieu for each Development or Redevelopment, and execution of parkland
dedication agreements or amendments thereto as may be necessary, in
accordance with the provisions of this By-Law;
(b) establish the location and configuration of land required to be conveyed;
(c) establish the value of land for the purpose of calculating any required
payment; and,
(d) maintain records of all lands and payment in lieu received and include all
expenditures from the payment in lieu parkland reserve fund. The payment
in lieu of parkland dedication record and associated financial statements
shall be reported annually to the Treasurer.
Notwithstanding the foregoing, Council retains the authority to make or
reconsider, at any time and without notice, revoke or restrict any delegated power
that has been delegated pursuant to this By-law.
7.2 Agreements Apply
Notwithstanding any other provisions in this By-law, where before, or after the
passing of this By-law, the Director of Planning has entered into an Agreement
with respect to the dedication of parkland and/or the equivalent payment in lieu
of parkland, the terms of that Agreement, including any subsequent amendments
to that Agreement, shall remain binding between the parties, and any parkland
dedication and/or payment in lieu of parkland shall be in accordance with the
rates specified in the Agreement, rather than the rates provided for in this By-law.
7.3 Condition of Land
Where land is required to be conveyed to the Town for parks and other public
recreational purposes:
(a) subject to 3.4 above, the land shall be free and clear or all legal and other
encumbrances;
(b) except in accordance with this By-law, the Town will not accept lands that
restrict public programming on the lands in any way;
(c) where ordered by the Minister, encumbered lands which are considered
programmable to the satisfaction of the Town may be accepted at a
maximum rate of 50% parkland dedication credit towards satisfying the
parkland dedication requirements;
(d) the Town may require the delivery of a Record of Site Condition that
satisfies, at a minimum, a Phase 1 Environmental Site Assessment that
meets the requirements of Ontario Regulation 153/04 pursuant to the
Environmental Protection Act, R.S.O. 1990, c. E.19, for the use of the land
as a park or other public recreational purposes. Prior to accepting lands
for park or other public recreational purposes, the Town reserves the right
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to require a Phase 2 Environmental Site Assessment be undertaken
following the Phase 1 Environmental Site Assessment.
(e) the Town shall have the right to refuse the conveyance of land that is
deemed unsuitable for park or public recreation purposes which includes,
but is not limited to, the following:
i. land that has been or will be conveyed to the Town for stormwater
management facilities, highways, roadways, walkways, or any other
non-parkland purpose;
ii. Natural Hazard Lands;
iii. lands that are constrained or otherwise deemed undesirable by the
Town due to, among other things, their size, location, grade,
drainage, flooding, or configuration;
iv. lands which have unsuitable or unstable soil conditions, including
lands which are contaminated;
v. utility rights of way or easements, including but not limited to hydro,
gas, cable, and telecommunications.
In cases where the Town determines that the proposed land for parkland
dedication is unsuitable for parks or public recreation purposes, the Town shall
require payment of cash in lieu of the land conveyance, in the amounts set out in
this By-law.
7.4 Exemptions
The following types of Development or Redevelopment may be exempt from this
By- law:
(a) Development or Redevelopment undertaken by the Province of Ontario, a
municipality including any corporation owned, controlled, and operated by
the Town or the Regional Municipality of York, or a Board of Education as
defined in the Education Act, R.S.O., 1990, c.E2;
(b) Non-profit housing development defined in subsection 4.2(1) of the
Development Charges Act, 1997, S.O. 1997, c. 27;
(c) replacement of an existing Dwelling Unit on an existing lot;
(d) Development or Redevelopment of a building or structure intended for use
as a long-term care home within the meaning of subsection 2 (1) of the
Fixing Long-Term Care Act, 2021, S.O. 2021, c. 39, Sched 1;
(e) a college or university in Ontario that receives direct, regular, and ongoing
operating funding from the Government of Ontario;
(f) an Indigenous Institute prescribed for the purposes of section 6 of the
Indigenous Institutes Act, 2017, S.O. 2017, c. 34, Sched 20;
(g) public hospitals;
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(h) a second residential unit in a detached house, semi-detached house or
rowhouse on a parcel of land on which residential use, other than ancillary
residential use, is permitted, if all buildings and structures ancillary to the
detached house, semi-detached house or rowhouse cumulatively contain
no more than one residential unit;
(i)a third residential unit in a detached house, semi-detached house or
rowhouse on a parcel of land on which residential use, other than ancillary
residential use, is permitted, if no building or structure ancillary to the
detached house, semi-detached house or rowhouse contains any
residential units;
G)one residential unit in a building or structure ancillary to a detached house,
semi-detached house or rowhouse on a parcel of urban residential land, if
the detached house, semi-detached house or rowhouse contains no more
than two residential units and no other building or structure ancillary to the
detached house, semi-detached house or rowhouse contains any
residential units;
(k) temporary sales structures; and
(l) places of worship.
7.5 Valuation of Land
The valuation of land shall be based on vacant land on a date as determined by
this By-Law and in accordance with the Town's land valuation policies.
7.6 Severability
In the event that any section of this By-Law is determined by a Court or Tribunal,
to be invalid, that specific portion of this By-law shall be severed from the
balance of this By-law, which will continue to operate in full force and effect.
7.7 Repeal
By-law Number 4291-01.F be and is hereby repealed.
7.8 Short Title
This By-law may be cited as the IIParkland Dedication By-law.
Enacted by Town of Aurora Council this 1 1th day of July, 2023.
rakas, Mayor
Michael de Rond. l'own Clerk