NOTICE OF PASSING OF PARKLAND DEDICATION BY-LAW 123-22 BY THE CORPORATION OF THE CITY OF RICHMOND HILL

TAKE NOTICE that on September 13, 2022 the Council of The Corporation of the City of Richmond Hill passed By-law 123-22 (the “Parkland Dedication By-law”) respecting the conveyance of land and payment of cash-in-lieu thereof for park or other public recreational purposes under section 42 of the Planning Act, R. S. O. 1990, as amended.

AND TAKE NOTICE that any person, organization or public body may appeal the Parkland Dedication By-law to the Ontario Land Tribunal (“OLT”) under subsection 42(4.9) of the Planning Act, by filing with the Clerk of the City of Richmond Hill a notice of appeal setting out the objection to the Parkland Dedication By-law and the reasons in support of the objection, accompanied by the fee charged under the Ontario Land Tribunal Act, 2021, S.O. 2021, c.4, Sched. 6.

AND TAKE NOTICE that the last date for filing a notice of appeal to the OLT in respect of Parkland Dedication By-law 123-22 is no later than 4:30pm on October 24, 2022.

A Notice of Appeal Shall:

(a)     set out the objection to the by-law and the reasons supporting the objection;

(b)     be accompanied by the fee charged under the Ontario Land Tribunal Act, 2021, S.O. 2021, c.4, Sched. 6 payable by certified cheque or money order in Canadian funds to the Minister of Finance, Province of Ontario. Certified cheques are not required when the cheque is from a law firm;

(c)     be accompanied by the processing fee prescribed under the Tariff of Fees By-law in the amount of $326.00.00 payable by certified cheque or money order in Canadian funds to the City of Richmond Hill. Certified cheques are not required when the cheque is from a law firm; and

(d)     be addressed to the City Clerk at the address noted below.     

Who Can File An Appeal:

Any person, organization or public body may appeal the Parkland Dedication By-law to the Ontario Land Tribunal by filing with the Clerk of the municipality on or before the last day for appealing the Parkland Dedication By-law, a notice of appeal setting out the objection to the By-law and the reasons for supporting the objections. 2020, c. 18, Sched. 17, s 2 (4)

Obtaining Additional Information:

Additional information about the By-law may be obtained by contacting Michelle Dobbie, Manager, Park and Natural Heritage Planning, at (905) 771-2467 or by e-mail at michelle.dobbie@richmondhill.ca. Contact can also be made by fax at 905-771-2404.

The complete Parkland Dedication By-law is available for examination during regular business hours (8:30am – 4:30pm Monday to Friday) in the Office of the City Clerk or can be accessed on the City’s website at:

www.richmondhill.ca/ParksPlan

Dated this 29^th day of September, 2022

Stephen M.A. Huycke, City Clerk

The Corporation of the City of Richmond Hill

225 East Beaver Creek Road

Richmond Hill, Ontario L4B 3P4

Tel:  905-771-8800

Fax: 905-771-2502

E-mail: clerks@richmondhill.ca

Explanatory Note to By-law No. 123-22

Description of Lands

Parkland Dedication By-law 123-22 applies to all lands located within the corporate limits of the City of Richmond Hill. A key map has therefore not been provided.

Explanation of the Parkland and Payment In Lieu Requirements Imposed by the By-law:

By-law 123-22, which came into effect on September 13, 2022, constitutes a new Parkland Dedication By-law for the entire City of Richmond Hill, which also repeals and replaces By-law 58-13, as amended.

Changes to the Planning Act relating to parkland and the new community benefits charge regime were initiated with Bill 108, the More Homes, More Choice Act, 2019, which received Royal Assent on June 6, 2019. The original amendments proposed through Bill 108 were subsequently amended through Bill 138, the Plan to Build Ontario Together Act, 2019 and Bill 197, the COVID-19 Economic Recovery Act, 2020, giving municipalities until September 18, 2022 to implement the legislative and administrative changes necessary to transition to the new framework including a new Parkland Dedication By-law. Section 42 of the Planning Act includes a right to appeal the City’s Parkland Dedication By-law.

Parkland Dedication By-law 123-22 includes provisions to allow the City to continue to require the conveyance of land and payment of cash-in-lieu thereof for park or other public recreational purposes as a condition of development or redevelopment and that the amount of land to be conveyed and payment of cash-in-lieu thereof continue to be determined by applying an ‘alternative rate’ for parkland conveyance.

The Parkland Dedication By-law includes the following sections:

1. Definitions (which includes updated and new definitions);
2. Lands affected;
3. Where By-law does not apply;
4. General requirements (including provisions allowing for continued use of an alternative rate);
5. Mixed use developments;
6. Reductions for redevelopment of lands;
7. Parkland credits (which addresses Strata Parks);
8. Payment instead of conveyance requirements (which includes specific phased-in maximum fixed dwelling unit rates for payment-in-lieu of parkland for single-detached, semi-detached, townhouses, and multi-residential dwelling units respectively, which rates escalate until December 31, 2031;
9. Administration of By-law;

10. General; 

11. Effective Date (being September 13, 2022).

The Council of The Corporation of the City of Richmond Hill passed By-law 123-22 following public consultation with such persons and public bodies as the City considers appropriate and the approval of the 2022 Parks Plan.