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HomeMy WebLinkAboutChapter 273 - Park Dedication FACILITY Chapter 273 PARK DEDICATION Article I DEVELOPMENT OR REDEVELOPMENT 273.1.1 Commercial-other development 273.1.2 Residential purposes-alternative 273.1.3 Payment in lieu of land 273.1.4 Exception-Downtown Kitchener Community Area Article 2 REPEAL 273.2.1 By-law-previous WHEREAS the Planning Act,R.S.O. 1990,provides that as a condition of development or redevelopment of land,the Council of a local municipal- ity may require land in an amount not exceeding,in the case of land pro- posed for development or redevelopment for commercial or industrial purposes, two percent and for all other cases five percent of the land be conveyed to the City for park or other public recreational purposes; AND WHEREAS the Act also permits an alternative requirement with re- spect to land for residential purposes,of dedication at a rate of one hectare for each 300 dwelling units proposed subject to specific policies with re- spect thereto being set forth in the City's Official Plan; AND WHEREAS the Act also permits the Council of a local municipality to require the payment of money to the value of land in lieu of the convey- ance of land. KITCHENER 273.1 JUNE 2008 273.1.1 PARK DEDICATION 273.2.1 Article 1 DEVELOPMENT OR REDEVELOPMENT 273.1.1 Commercial-other development As a condition of development or redevelopment of land anywhere in the City,land in an amount not exceeding,in the case of land proposed for de- velopment or redevelopment for commercial or industrial purposes, two percent and in all other cases five percent of the land shall be conveyed to the City for park or other public recreational purposes,free of encumbrance and without cost to the City. 273.1.2 Residential purposes- alternative As an alternative to the requirement of Section 273.1.1 and,as a condition of the development or redevelopment of land anywhere in the City for residen- tial purposes,land at a rate of one hectare for each 300 dwelling units pro- posed in any such development or redevelopment shall be conveyed to the City for park or other public recreational purposes,free of encumbrance and without cost to the City. 273.1.3 Payment in lieu of land The City may require the payment of money to the value of land otherwise required to be conveyed under Sections 273.1.1 and 273.1.2,in lieu of the conveyance. 273.1.4 Exception-Downtown Kitchener Community Area Sections 273.1.1, 273.1.2 and 273.1.3 do not apply to the Downtown Kitchener Community Improvement Area as defined in the Downtown Kitchener Community Improvement Plan,approved under section 28 of the Planning Act,R.S.0.1990,c.P.13. Article 2 REPEAL 273.2.1 By-law-previous By-law 86-191,By-law 86-256,By-law 95-136 and the contents of Chapter 273 are hereby repealed.By-law 2008-93,20 May,2008. JUNE 2008 273.2 KITCHENER