Loading...
TES-003 - Land for Public Purposes Trust Fund Policy_2001SAINTIOHN Subject: Policies for the Acceptance of Land for ---------------------------------------------- Category: Policy Public Purposes and Use of LPP Funds Policy No.: TES -003 M&C Report No.: Effective Date: 1995-11-06 Next Review Date: (3 years) Area(s) this policy applies to: Transportation and Office Responsible for review of this Policy: Environment Transportation and Environment Related Instruments: Policy Sponsor: Commissioner Transportation and Environment Document Pages: This document consists of 9 pages. Revision History: Council Adoption: November 6, 1995 Amended: August 20, 2001 Common Clerk's Annotation for Official eRecord Date of Passage of Amended Policy:_August 20, 2001 1 certify that this Policy was adopted by Common Council as indicated above. May 11, 2017 Common Clerk Date Date Created: Common Council Approval Date: Contact: 2001-08-20 Commissioner Transportation and Environment POLICIES FOR THE ACCEPTANCE OF LAND FOR PUBLIC PURPOSES AND USE OF LPP FUNDS City of Saint John, New Brunswick Adopted by Common Council November 6, 1995 Amended by Common Council August 20, 2001 6 TABLE OF CONTENTS 1. Introduction 1 2. Definitions 1 3. Enabling Regulations 4 Policy 1: LPP Alternatives 4 4. Land For Public Purposes 5 Policy 2: Steps for acceptance of LPP 5 5. Money in Lieu of Land 5 Policy 3: Requiring Money in Lieu of Land 6 Policy 4: Determining the Amount of Money 6 Policy 5: Determining Market Value 6 6. Combining Land and Money 6 Policy 6: Acceptance of a Combination of Land and Money 6 Policy 7: Using LPP Money 7 INTRODUCTION The development of vacant land for the purposes of human habitation results in a further demand for land for recreational enjoyment of the neighbourhood, community and the city. The Community Planning Act recognizes this need and requires that land which is part of a subdivision be set aside for public purposes, or that money in lieu of land is received by the municipality. 2. DEFINITIONS "Act" refers to the Community Planning Act of New Brunswick. The following definition is directly quoted from the Community Planning Act: "land for public purposes" means land other than streets, for the recreational or other use or enjoyment of the general public, such as (a) an access to a lake, river, stream, sea or other body of water, (b) a beach of scenic area along the shore of a lake, river, stream, sea or other body of water, (c) a conservation area, (d) land adjoining a school, for joint recreational purposes, (e) land for a community hall, public library, recreational use or other similar community facility, (f) open space, to provide air and light, to afford a view to or from a development or to a lake, river, stream, sea or other body of water, or for other purposes, (g) a park, green belt or buffer area dividing developments, parts of a highway or a development and a highway, (h) a pedestrian way to a school, shopping centre, recreational area or other facility, (i) a protection area for a water course, stream, marsh, water supply lake or other body of water, 0) a public park, playground or other recreational use, (k) a visual feature, or (1) a wooded area, slope area or a site giving view to a scenic area to provide diversity. 3. ENABLING LEGISLATION AND REGULATIONS The Community Planning Act requires the developer of a subdivision to set aside land for public purposes in an amount not exceeding 10% or in lieu of land, and at the discretion of Council, money not to exceed 8% of the market value of the land in the subdivision at the time of submission for approval of the subdivision plan, exclusive of land to be dedicated for streets. Exemptions In accordance with the Act, Section 22(2) of the Subdivision By Law has exemptions for the supply of Land for Public Purposes when: (a) land to be re -subdivided for the purpose of correcting or rearranging boundaries or land previously included in an area subject to the requirements of this Section or to a corresponding Section under a previous Act; (b) that part of a subdivision which creates a piece of land solely for the purpose of being assembled with or added to adjoining land; (c) a parcel of land which was on or before May 26, 1978 under distinct and separate ownership from adjoining parcels and so registered in the Registry Office of the County of Saint John, and which is not capable of being subdivided into not more than three lots; or (d) the first new lot, of a size not capable of further subdivision, out of a parcel under distinct and separate ownership from adjoining parcels and so registered in the Registry Office on May 26, 1978, when the parcel is capable of being subdivided into more than three lots. Policy 1: LPP Alternatives Where a dedication for Land for Public Purposes is required it shall be the policy of Council to accept: (a) land; or (b) money in lieu of land, where reserve land is determined to be unnecessary at present or in the future development of the area; or (c) a combination of land and money equal to the percentage requirements. 4. LAND FOR PUBLIC PURPOSES Land shall be provided by the developer to the City in accordance with Section 22 of the Subdivision By Law at the time of subdivision. Land will always be required with the exception of "money in lieu" of land, as required in the situations identified in Section 5. Policy 2: Steps for the acceptance of Land for Public Purposes (1) The following steps shall be taken when determining the suitability of Land for Public Purposes. The parcel of land shall: (a) be accepted when in accordance with the needs identified in the Recreation and Open Space Strategy, or Municipal Development Plan or Neighbourhood Plan, or other applicable City By Laws, policies or documents where the criteria for parks and recreational lands and systems have been identified; (b) be suited in size, shape, quality and character for the purpose most suited to the needs of the neighbourhood and or in some situations the larger community as determined in (a); (c) be accessible by direct legal means of a public roadway or some other alternative means acceptable to Council having a minimum width to permit necessary access of emergency vehicles when developed for use; (d) be located, in the subdivision of lands capable of ten or more lots in the most appropriate location for the future development must be located adjacent to a road reserve or access acceptable to Council; (e) meet public access and frontage requirements deemed suitable by Council for the public use of the property. 5. MONEY IN LIEU OF LAND In accordance with Section 42(3)(g) of the Community Planning Act and the Subdivision By Law, Council may require `money in lieu of land' to meet the recreation and open space needs of the neighbourhood and/or community. Money gained are to be expended by Council for acquiring or developing LPP. In many cases money would be more appropriately used for meeting these needs. Policy 3: Requiring Money in Lieu of Land Council shall require money in lieu of land when: (a) it has been determined that the land for public purposes is not needed in the neighbourhood and or community now or in the foreseeable future; or (b) the amount of land which would be available is unsuitable to meet the needs of the area. 10 Policy 4: Determining the Amount of Money In accordance with the Community Planning Act and the Subdivision By Law, the amount of money owing will be based on the market value of the land in the subdivision at the time of submission for approval of the subdivision plan, exclusive of land indicated as streets intended to be publicly owned. Policy 5: Determining Market Value Market value will be determined by Housing and Property Management Department with input from other City departments, recent sale information and professional appraisers as required. If a dispute on the value arises between the developer and the City, the developer will be responsible for engaging a professional appraiser to support their position. The difference between the two appraisals will be used to determine market value unless influences on the market value have been overlooked by either party. 6. Combining Land and Money To facilitate the development of Land for Public Purposes in accordance with the needs of the area, Council may from time to time accept from the developer a combination of land and money in lieu of land for the total Land for Public Purposes requirement. Policy 6: Acceptance of a Combination of Land and Money In rendering a decision on the acceptance of a combination of land and money for the Land for Public Purposes Council shall: (a) ensure that the sum total of any combination of the two, land or money, is of a value equal to, or greater, than the Land for Public Purposes requirement; (b) ensure that the combination of the two will meet the needs of the area; (c) from time to time, as the opportunity presents itself, enter into an agreement with the developer to carry out the development of the site in accordance with the requirements of the area. Policy 7: Using LPP Money Money is gained in the subdivision process through the enabling provisions of the Community Planning Act and the municipal Subdivision By Law. The Act requires that this money is placed in a special account and that it can only be spent on acquiring or developing land for public purposes. To spend this money, it shall be the policy of Council to: 11 (a) evaluate, in accordance with Policy 2, the need to acquire or develop land for public purposes in, (i) the subdivision from which the money was gained, (ii) the local area near or around the subdivision and (iii) the community at large; (b) limit the amount of LPP funds used on any one site to a maximum of $50,000 dollars in any one year. Where additional funds are needed to facilitate development of LPP, it must be a project which serves a community wide interest. In this case Council may approve up to $75,000 in any one year; (c) use LPP funds for recreational and public uses described in the Acts' description of LPP. (d) Guidelines for Evaluation of Requests for Contributions from the LPP Trust Fund • Projects must comply with the Community Planning Act definition of Land for Public Purposes. • Common Council may set the maximum LPP expenditure for the year. • Applications from community groups for LPP funds will be reviewed twice per year, in May and November. The deadlines for receipt of applications will be April 30 and October 31. • Applications for playground funding will be assessed on whether the playground will serve a Local, Community, or City (Regional) population. The classification system will be based on the guidelines and inventory of the Park Classification system of the City of Saint John Recreation and Open Space Strategy. • The maximum eligible funding from the LPP Trust Fund for playground projects will be based on the park classification, and will be limited to local - $5000, community - $10,000 and city or regional - $50,000. The funding limit is inclusive of all phases of a project. • LPP funds shall not exceed more than 50% of the project cost. • When considering monies and in-kind contributions that the community contributes to a project as matching funds, any monies from other government sources is to be excluded. • Preference will be given to playgrounds developed at public schools. 12 • Developments must provide barrier -free access to some of the facility. • Preference will be given to new developments, and especially in areas where there is a lack of recreation facilities. • Common Council at its sole discretion may choose to provide LPP funding to a project, as it deems appropriate. 1) That this amendment be implemented immediately, with the first deadline for applications being October 31, 2001 and further that, 2) Outstanding applications for funding from the LPP Trust that have been received prior to this date be considered based on the policy in place when the application was made to Common Council.