GDS-008 - Land for Public Purposes Policy_2023
Title: Policies For The Acceptance Of Land For Public Purposes And Use of LPP Funds
Subject: Land for Public Purpose Category: Growth and Community Services
Policy No.: GDS-008 M&C Report No.: 2023-150
Effective Date: 2023-06-26 Next Review Date:
Area(s) this policy applies to: Cross Corporate
Office Responsible for review of this Policy:
Growth and Community Services
Related Instruments: Policy Sponsors:
Document Pages:
This document consists of 9 pages.
Revision History:
Common Clerk's Annotation for Official Record
Date of Passage of Current Framework: ___June 26, 2023_________
I certify that this Policy was adopted by Common Council as indicated
above.
____July 12, 2023________
Common Clerk Date
Contact:
Date Created: Common Council Approval Date:
2022-03-22 Growth and Community Services
2023-06-26
TABLE OF CONTENTS
1. POLICY STATEMENT .................................................................................................................. 2
2. INTRODUCTION ........................................................................................................................... 2
3. DEFINITIONS ................................................................................................................................. 2
4. ENABLING LEGISLATION AND REGULATION OF LAND FOR PUBLIC PURPOSE ........... 3
5. ACCEPTANCE OF LAND FOR PUBLIC PURPOSE ................................................................... 4
6. MONEY IN-LIEW OF PUBLIC LAND .......................................................................................... 5
7. GUIDELINES FOR THE EVALUATION OF REQUESTS FOR MONEY FROM THE LPP
FUND .............................................................................................................................................. 5
8. GENERAL TERMS AND CONDITIONS ...................................................................................... 7
City of Saint John
Policies For the Acceptance of Land for Public
Purposes and Use of LPP Funds
1. POLICY STATEMENT
The City of Saint John’s Land For Public Purposes Policy ensures alignment with provincial
legislation and a process to utilize available funds through the provision of money‐in‐lieu‐of‐
land through the development approval process to support recreation, park space and
wellness in Saint John.
2. 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.
3. DEFINITIONS
“Grant” refers to financial or in‐kind assistance provided by the City to an eligible grantee.
Discounts, reimbursements, relief on existing contracts, leases and user fees when service has
already been provided are forms of financial assistance and is considered a city grant.
“In‐Kind Grant” refers to a grant for the provision of municipal property/facilities, materials, or
resources to an eligible grantee. Cash funds are not provided however it is recognized that
such grants will involve either an expense or foregone revenue for the donor. In‐kind grants
are estimated at fair value.
“Barrier free” general public access refers to a property that does not charge for admission nor
has fencing excluding access for a portion of its operating time.
“Act" refers to the Community Planning Act of New Brunswick.
"Land for public purposes" means land other than streets, for the recreational orother use
or enjoyment of the general public, such as:
a. an access to a lake, river, stream, sea or other body of water,
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City of Saint John
Policies For the Acceptance of Land for Public
Purposes and Use of LPP Funds
b. a beach of scenic area along the shore of a lake, river, stream, sea orother
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 othersimilar
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 ahighway or
a development and a highway,
h. a pedestrian way to a school, shopping centre, recreational area or otherfacility,
i. a protection area for a water course, stream, marsh, water supplylake or
other body of water,
j. a public park, playground or other recreational use,
k. a visual feature, or
l. a wooded area, slope area or a site giving view to a scenic area toprovide
diversity.
4. ENABLING LEGISLATION AND REGULATION OF LAND FOR PUBLIC PURPOSE
I. The Community Planning Act provides the City with the authority to enact a Subdivision By‐law
that includes the following options:
a. the requirement that the developer of a subdivision set aside Land For Public
Purposes in an amount not exceeding 10% of the area of the subdivision; and
b. that at the discretion of council, instead of setting aside land, that the sums indicated
in the Subdivision By‐law, not exceeding 8% of the market value of the land in the
subdivision at the time of submission for approval of the subdivision plan be paid to
the local government.
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City of Saint John
Policies For the Acceptance of Land for Public
Purposes and Use of LPP Funds
II. The City enacted a Subdivision By‐Law, C.P. 112, which requires that as a condition of approval
of a Subdivision Plan:
a. land representing 10% of the area of the proposed subdivision, exclusive of the land
to be vested as public streets, is to be dedicated to The City of Saint John at such
location as assented to by Council as Land For Public Purposes; or
b. a sum of money representing 8% of the market value of the land of the proposed
Subdivision, exclusive of land to be vested as public streets, is to be provided to The
City of Saint John as accepted by Council as a money in‐lieu dedication; or
c. a combination of Land For Public Purposes or money in‐lieu be provided of up to 8%
of the value of the land in the proposed subdivision, less the value of the Land For
Public Purposes, being provided as money in‐lieu.
III. The requirement for Land For Public Purposes or money in‐lieu does not apply where the land
has already been subdivided and Land For Public Purposes or money in‐lieu (or a combination
thereof) has already been provided on the same land, or the land is being subdivided for the
sole purpose of:
a. correcting or rearranging lot boundaries;
b. being assembled with or added to adjoining land; or
c. being assembled for a future proposed subdivision.
5. ACCEPTANCE OF LAND FOR PUBLIC PURPOSE
The Subdivision By provides that the only time Land For Public Purposes shall be accepted if it
is a Pedestrian Walkway and meets the specific conditions outlined at s. 16(2) of the Subdivision
By‐law.
I. Land For Public Purposes shall only be accepted if the specific provisions within the Subdivision
By‐Law are met.
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City of Saint John
Policies For the Acceptance of Land for Public
Purposes and Use of LPP Funds
II. Unless the specific provisions of s. 16(2) of the Subdivision By are met for the vesting of Land
for Public Purposes to The City of Saint John, a sum of money representing 8% of the market
value of the land of the proposed Subdivision, exclusive of land to be vested as public streets, is
to be provided to The City of Saint John as a money in‐lieu dedication.
6. MONEY IN‐LIEW OF PUBLIC LAND
In accordance with s. 17(2) of the Subdivision By‐law, the determination of market value of the
land shall be made by The City of Saint John, but where a Developer does not accept such
determination, at the cost of the Developer, an appraiser acceptable to both the Developer and
The City of Saint John shall determine such value.
7. GUIDELINES FOR THE EVALUATION OF REQUESTS FOR MONEY FROM THE LPP FUND
In accordance with s. 76(2) of the Community Planning Act, all money received in‐lieu of Land For
Public Purposes shall be paid into a special account and the money in that account is to be
expended by the council for acquiring or developing Land For Purpose Purposes and no other
purpose.
I. Applications from Community Groups. For funds from the LPP Fund will be accepted
st
annually on January 1 dependent on the availability of funds.
II. The maximum eligible funding from the LPP Fund for projects will be based on the following
classification:
a. Local Level: A grant of 50% of the cost to a maximum of $7,500.00 for projects that
serve specific neighbourhoods or local interest groups.
b. Community Level: A grant of 50% of the cost up to a maximum of $20,000.00 per year
available for projects that serve larger community interests and activities.
c. City‐Wide Level: A grant of 50% of the cost to a maximum of $50,000.00 per year to
support large projects that serve the entire city and surrounding area residences, as
well as potential tourist attractions.
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City of Saint John
Policies For the Acceptance of Land for Public
Purposes and Use of LPP Funds
III. No more than $50,000.00 from the LPP Fund shall be paid for one site or project. Where
additional funds are needed to facilitate development of LPP, it must be a project which
serves a community wide interest and, in those circumstances, the maximum available
amount shall be $75,000.00.
IV. From time‐to‐time specific projects are identified by City Staff, through public consultation,
as a priority. In this instance, an applicant could partner with the City and the 50% fund
matching threshold may be reduced.
V. Preference will be given to playgrounds developed at public schools and community
centres.
VI. No monies from the LPP fund shall be considered if the applicant or project has already
received funding though another municipal grant.
VII. Preference will be given to projects located on municipal land, followed by provincially or
federally owned land, and finally on privately owned land.
VIII. If the Applicant seeks LPP Funds for a project that is not located on municipal, provincial, or
federally owned land, the Applicant shall be responsible to present a plan for the long
maintenance of public access, use, and enjoyment of the project. The City would have the
right to insist on any contractual obligation to protect the long‐term interests of the public
that it sees fit and the funding will only be granted if that interest can be protected.
IX. Projects must provide barrier‐free access to a portion of the facility.
X. Staff evaluating applications for LPP Fund retain discretion to ensure the
following:
a. Projects are in alignment with any current municipal master plans.
b. Flexibility to address special community needs or new recreational service offerings.
c. LPP funds received from commercial developments should prioritize and consider
applications which are geographically close when possible.
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succeeding without party another to assigned or transferred be may it) of part any (or grant No board. review grant Purpose Public for Land the from consent written prior the any in
supported be necessarily not will project same the of phase different A purpose. intended the for only used be to are Grantsyear.
City of Saint John
Policies For the Acceptance of Land for Public
Purposes and Use of LPP Funds
d. Location of past LPP approvals, and maximum use for the most residents. Staff would
assess that there is interest/need for such new or expanded offerings in the
community.
e. Common Council at its sole discretion may choose to provide LPP funding to a project,
as it deems appropriate.
f. The Applicant has demonstrated that the remainder of the funding is
current held in a bank account, approved as a grant, or that in‐kind
contributions have been confirmed prior to the City releasing any money
from the LPP Fund
8. GENERAL TERMS AND CONDITIONS
I. No funding will be given to for‐profit or private individuals. If a group is not an
incorporated non‐profit, they must partner with the city of Saint John or a non‐profit
organization to be eligible for funding.
II. All Projects must be completed within 1 year of the approval date.
III. Extensions may be approved upon request. Grants cannot be awarded Retroactively.
IV.
V. Any recipient who uses the funds improperly, ceases operation, or knowingly provides
false information must promptly repay the grant.
VI.
VII. The recipient must keep and maintain all records, and upon completion of the project,
fill out and submit a Land for Public Purpose Reporting Form.
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programs and publicity all in John Saint of City the of support the acknowledge will recipient The appropriate. as signage, or media social by either project the to relating
City of Saint John
Policies For the Acceptance of Land for Public
Purposes and Use of LPP Funds
VIII.
IX. The City of Saint John is not liable for any damages, injury, and/or loss of revenue as a
result of any grant awarded project being undertaken, and makes no commitments to
maintain or provide services above and beyond current levels unless agreed upon by
the Service Provider (City of Saint John Parks, Sanitation, etc.).
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