HomeMy WebLinkAboutBy-law No. 2008-093 - Amend c.273 - Park Dedicationr
BY-LAW NUMBER vZO D ~S-
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to repeal and replace Chapter
273 of The City of Kitchener Municipal Code
regarding Park Dedication)
WHEREAS the Planning Act, 1990, provides that as a condition of development
or redevelopment of land, the Council of a local municipality may require land in an
amount not exceeding, in the case of land proposed for development or redevelopment
for commercial or industrial purposes, 2 percent and for all other cases 5 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 respect to
land for residential purposes, of dedication at a rate of one hectare for each 300
dwelling units proposed subject to specific policies with respect 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 conveyance of land;
AND WHEREAS it is deemed expedient to amend Chapter 273 of The City of
Kitchener Municipal Code as adopted by By-law 88-100, as amended;
NOW THEREFORE the Council of The Corporation of the City of Kitchener
enacts as follows:
In this by-law:
1. 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 development
or redevelopment for commercial or industrial purposes, 2 percent and in all
other cases 5 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.
2. As an alternative to the requirement of Section 1 and, as a condition of the
development or redevelopment of land anywhere in the City for residential
purposes, land at a rate of one hectare for each 300 dwelling units proposed 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.
3. The City may require the payment of money to the value of land otherwise
required to be conveyed under Sections 1 and 2, in lieu of the conveyance.
4. Sections 1, 2 and 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, 1990.
5. By-law 86-191, By-law 86-256, By-law 95-136 and the contents of Chapter 273
are hereby repealed.
6. The Clerk of the City is hereby directed to make this By-law a part of The City of
Kitchener Municipal Code by adding it to the Concordance and arranging and
numbering it as Chapter 273 so as to fit within the scheme of the Code.
PASSED at the Council Chambers in the City of Kitchener this ~-O ~-- day
of May, A. D. 2008.
Mayor
Clerk