Notice of Passing of Parkland Dedication By-law – By-law 110-2024

Form 1, The Planning Act, R.S.O. 1990
Notice of the Passing of a Zoning By-law Amendment by the Municipality of Lakeshore

Municipal-wide Dedication of Parkland Dedication By-law

TAKE NOTICE that the Council of the Municipality of Lakeshore has passed an updated Parkland Dedication By-law 110-2024 on December 10^th, 2024

Any person or organization may appeal to the Ontario Land Tribunal under section 42(4.9) of the Planning Act, with respect to the updated Parkland Dedication By-law, by filing with the Clerk of the Municipality of Lakeshore on or before February 28, 2025, a notice of appeal setting out the objection to the bylaw and the reasons supporting the objection.  An appeal may be filed by registered mail or courier addressed to the Clerk of the Municipality of Lakeshore, Attention: Brianna Coughlin, 419 Notre Dame, Belle River, Ontario, N8L 0P8. The appeal application must be accompanied by the processing fee payable to the Ontario Land Tribunal.

Parkland Conveyance By-law 110-2024 rates are outlined below and came into force on January 1, 2025:

As a condition of Development or Redevelopment of land pursuant to the Planning Act, the Municipality shall require the conveyance of land for park purposes as follows:

• a) In the case of lands proposed for Residential uses:
• i. If the density of the Development is less than 30 units per hectare, at a rate of 5%. With respect to land proposed for Development or Redevelopment that will include Affordable Residential Units or Attainable Residential Units, as defined in subsection 4.1 (1) of the Development Charges Act, 1997, or Residential Units described in subsection 4.3 (2) of that Act, the amount of land that may be required to be conveyed shall not exceed 5%, multiplied by the ratio of A to B where,
  • i. “A” is the number of Residential Units that are part of the Development or Redevelopment but are not Affordable Residential Units, Attainable Residential Units or Residential Units described in subsection 4.3 (2) of the Development Charges Act, 1997; and
  • ii. “B” is the number of Residential Units that are part of the Development or Redevelopment; or
• ii. if the density of the Development is greater than 30 units per hectare, at a rate of one (1) hectare for each six hundred (600) net Residential Units proposed.
  • i. the net Residential Units proposed shall be determined by subtracting the number of Residential Units on the land immediately before the proposed Development or Redevelopment from the number of Residential Units that will be on the land after the proposed Development or Redevelopment;
  • ii. Affordable Residential Units and Attainable Residential Units, as defined in subsection 4.1 (1) of the Development Charges Act, 1997, and Residential Units described in subsection 4.3 (2) of that the Planning Act shall be excluded from the number of net Residential Units;
  • iii. in the case of land proposed for Development or Redevelopment that is 5 hectares or less in area, the maximum conveyance shall be 10 per cent of the land; and
  • iv. in the case of land proposed for Development or Redevelopment that is greater than 5 hectares in area, the maximum conveyance shall be 15 per cent of the land.
• b) In the case of lands proposed for Commercial or Industrial land in the amount of two per cent (2%) or in the case of lands proposed for Institutional land in the amount of five per cent (5%) of the land to be Developed or Redeveloped;
• c) In the case of a Mixed-Use Development or Redevelopment, land in the aggregate, calculated as follows:
  • i. the Residential component, if any, as determined by the Municipality, of the lands being Developed or Redeveloped, shall require the conveyance of land as determined in accordance with subsection 5(a) of this by-law; plus
  • ii. the Commercial or Industrial component of the lands being Developed or Redeveloped, if any as determined by the Municipality, shall require the conveyance of land as determined in accordance with subsection 5(b) of this by-law; plus
  • iii. the component of the lands proposed for any use other than Residential, Commercial or Industrial if any as determined by the Municipality, shall require the conveyance of land as determined in accordance with subsection (d) of this by-law.
• d) In the case of lands proposed for Development or Redevelopment for a use other than those referred to in subsections (a), (b) and (c) of this section, land in the amount of five per cent (5%) of the land to be Developed or Redeveloped;
• e) Where the Development of land results from the approval of a site plan or Zoning By-law amendment and the approval of the application occurred within 18 months of building permit issuance, the conveyance shall be determined on the date of the planning application. Where both planning applications apply, conveyance shall be determined on the date of the later planning application.

The By-law applies to all lands located within the Municipality of Lakeshore.

Copies of By-law 110-2024 are available for examination upon request, as Town Hall is currently under renovation, please contact planning@lakeshore.ca to book an appointment during regular business hours (weekdays from 8:30 AM to 4:30 PM) excluding statutory holidays.

DATED at the Municipality of Lakeshore this 20^th day of January, 2025.

• Daniel Mercer, urbaniste, RPP, MCIP - Division Leader - Community Planning
• Municipality of Lakeshore, 419 Notre Dame Street Belle River Ontario N8L 0P8
• dmercer@lakeshore.ca