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REPORT TO MAYOR AND COUNCIL
PRESENTED: FROM: SUBJECT:
FEBRUARY 9, 2009 - SPECIAL MEETING COMMUNITY DEVELOPMENT DIVISION NEIGHBOURHOOD PARK LAND POLICY
REPORT: FILE:
09-12 0890 - 20
RECOMMENDATIONS:
That Council receive the report entitled “Neighbourhood Park Land Policy”, for information; and further That Council endorse the Neighbourhood Park Land Policy, to ensure a consistent approach in acquisition and funding of neighbourhood level park land. EXECUTIVE SUMMARY:
The most recent Langley Development Cost Charges (DCC) Bylaw 2008 No. 4640 does not include neighbourhood parks. In removing the neighbourhood level parks from the DCC Bylaws, staff was required to seek alternate methods of acquiring and funding neighbourhood park land, including the possible delegation of this responsibility to individual developers within a given neighbourhood. Section 941 of the Local Government Act provides that an owner of land being subdivided must provide up to 5% of the land being subdivided to meet park land needs identified by the municipality and that this requirement can be met by either the provision of land in an acceptable location or the payment of an amount equal to the market value of that land. The Township of Langley has not historically needed to utilize this provision of the Local Government Act. The proposed Neighbourhood Park Land Policy will provide a consistent process to secure and fund neighbourhood parks required to open up new neighbourhood areas through the development process. It is proposed that this new policy come into effect on July 21, 2009 which is the date that the new Development Cost Charges will begin to apply to all new developments and Neighbourhood Parks will no longer be a component of Development Cost Charges. PURPOSE:
To establish a policy that provides the required framework in compliance with the provisions of the Local Government Act for a consistent approach in securing and funding neighbourhood parks.
NEIGHBOURHOOD PARK LAND POLICY
Page 2 . . .
BACKGROUND/HISTORY:
The most recent Langley Development Cost Charges Bylaw 2008 No. 4640 adopted by Council on July 21, 2008 removed Neighbourhood Parks from the DCC program. The combined park land standard of municipal, community and neighbourhood park contained in the previous bylaw was 8.0 acres per 1,000 people. The new bylaw removed the neighbourhood park standard of 2.0 acres per 1,000 people. The report to Council of February 18, entitled 2008 Development Cost Charges, stated that adopting the new DCC bylaw without the neighbourhood park standard delegates the responsibility of acquiring neighbourhood parks to individual developers within a given neighbourhood, as opposed to the development community as a whole. This change effectively lowered the overall DCC rates for development with the intent that related costs would be covered through another mechanism. Current Council development policy requires that prior to approval of the initial development in a neighbourhood, an adequately sized and located neighbourhood park and elementary school site must first be secured and transferred to the acceptance of the Municipality and School District. DISCUSSION/ANALYSIS:
Historically, the Township of Langley has not utilized the 5% dedication / cash-in-lieu provisions of the Local Government Act but rather has incorporated all Municipal, Community and Neighbourhood parkland requirements in the parkland DCC program. The Parkland Acquisition Best Practices Guide prepared by the BC Government cautions that park acquisition strategies should avoid double-charging. By removing the neighbourhood park standards from the DCC program and utilizing the 5% park land dedication or cash-in-lieu provisions for neighbourhood parks, double-charging is eliminated. Amongst the municipalities that utilize the 5% dedication / cash-in-lieu provisions to obtain required park land components are: Surrey, Coquitlam and Maple Ridge. Section 941 of the Local Government Act provides that an owner of land being subdivided must provide up to 5% of the land being subdivided to meet park land needs identified by the municipality and that this requirement can be met by either the provision of land in an acceptable location or the payment of an amount equal to the market value of that land. Generally, the cash-in-lieu option will be utilized as neighbourhood park sites are required to be in specific locations at a minimum size of 5 acres with configurations that work for the expected playing fields and adjacent elementary school. The Local Government Act is specific in that the 5% dedication / cash-in-lieu provision applies only to subdivisions which create more than 3 additional lots with a lot size under 2 hectares. To assure that multi-family developments cover their respective share of the cost of neighbourhood parks, a fee equivalent to 5% park land dedication or cash-in-lieu provisions will need to be required as a condition of rezoning for multi-family developments.
NEIGHBOURHOOD PARK LAND POLICY
Page 3 . . .
The determination of the value of the 5% cash-in-lieu will be established in accordance with Section 941 of the Local Government Act using average market value of all developable land in the proposed subdivision. Where the Township of Langley and a property owner do not agree on the market value of the land, the value shall be determined by a qualified appraiser appointed jointly by the owner and the Township who will share the cost of the appraisal. Applicable Policies: Existing Council Policy 07-154 Subdivision: Park Dedications, authorizes the Approving Officer to make decisions as to the requirement of the 5% park land dedication or cash-in-lieu for subdivision proposals. Legislation: The Local Government Act allows for up to 5% of land being subdivided to be provided to meet park land requirements. Alternatively, this requirement can be met by the property owner providing monies equal to 5% of the value of the land at time of preliminary approval of subdivision, or if no preliminary approval is given, a date within 90 days before the final approval of the subdivision. Legal Implications: To maintain equality for all residential developments who previously contributed equally to the acquisition of neighbourhood parks, an equivalent fee will be applied as a condition of rezoning for multi-family developments as if the 5% park land dedication or cash-in-lieu provisions of the Local Government Act also applied to these types of residential developments. Community Implications The provision of neighbourhood parks in conjunction with elementary schools is a necessary component of allowing neighbourhoods to develop in the manner intended to facilitate complete walkable communities. Implementation of a Neighbourhood Park Land Policy will allow new developments to proceed in new neighbourhoods where the provision of a park and school site is required prior to approval of development applications. The Neighbourhood Park Land Policy provides for a consistent funding and securing approach to providing the required neighbourhood park land. It is proposed that the new policy come into effect on July 21, 2009 which is the date that the new Development Cost Charges take effect and Neighbourhood Parks will no longer be a component of Development Cost Charges.
NEIGHBOURHOOD PARK LAND POLICY
Page 4 . . .
Financial Implications As per Section 941 of the Local Government Act, all monies collected for the provision of parkland under this section must be deposited in a reserve fund established for the acquisition of park lands. A new Neighbourhood Park Land Reserve fund would need to be established for this purpose. Respectfully submitted,
Al Neufeld MANAGER, PARKS DESIGN AND DEVELOPMENT for COMMUNITY DEVELOPMENT DIVISION AN/an This report has been prepared in consultation with the following listed departments. CONCURRENCES Division Name Recreation,Culture,and Parks David Leavers Finance Derrick Sparks Property Management Scott Thompson
ATTACHMENT A
Neighbourhood Park Land Policy No. 07-616
POLICY MANUAL
Subject: Neighbourhood Park Land
1.
In accordance with the Langley Development Cost Charges Bylaw approved by Council in July of 2008, Park land acquisition charges do not include Neighbourhood Level Parks. The Act allows for up to 5% of land being subdivided to be provided to meet park land requirements. Alternatively, this requirement can be met by the property owner providing monies equal to 5% of the value of the land at time of preliminary approval of subdivision, or if no preliminary approval is given, a date within 90 days before the final approval of the subdivision. These funds will then be used to acquire Neighbourhood park land where required.
Related Policy 3.1.
4.
To provide a consistent approach to secure and fund Neighbourhood Park Land as regulated by the Local Government Act (the “Act”).
Background 2.1.
3.
07-616
Purpose 1.1.
2.
Policy No: Approved by Council: Revised by Council: Replaces Old Policy No.: Approved on:
Council Policy 07-154 Subdivision: Park Dedications, authorizes the Approving Officer to make decisions as to the requirement of the 5% park land dedication or cash in lieu from subdivision proposals.
Policy Determination and Collection of 5% 4.1. 4.2.
The Developable Land is defined as the land being proposed for subdivision minus areas being dedicated for greenways and streamside protection. The value of the 5% will be established according to Section 941 of the Act using average market value of the developable land in the proposed subdivision calculated as that value would be on either (i) (ii)
the date of preliminary approval of the subdivision, or if no preliminary approval is given, a date within 90 days before the final approval of the subdivision,
as though (iii)
the land is zoned to permit the proposed use, and
Neighbourhood Park Land Page 2 . . .
(iv) 4.3.
4.4. 4.5.
4.6.
4.7.
4.8.
any works and services necessary to the subdivision have not been installed. Where a property owner and the Township of Langley (the “Township”) do not agree on the market value of the land under Section 941(6) of the Act, the value shall be determined by a qualified appraiser appointed jointly by the owner and the Township. If the owner and the Township fail to agree on the appointment of a qualified appraiser, the Inspector of Municipalities shall, upon the application of either party, appoint an appraiser to determine the market value. Unless otherwise agreed, the cost of the appraiser shall be borne equally by the owner and the Township. The 5% value shall be paid to the municipality before final approval is given for the subdivision. All monies collected for park land acquisition shall be deposited in a reserve fund established for the purpose of acquiring neighbourhood park land and be used to purchase land for Neighbourhood Parks to allow new neighbourhoods to proceed with development. All residential developments shall contribute to the acquisition of Neighbourhood Park land. The provision of neighbourhood park land may also be considered an amenity for the purposes of this policy. Section 904(1) of the Local Government Act provides for the establishment of different density regulations for a zone, one generally applicable for the zone and the other applicable if conditions including those relating to the provision of amenities are met. Where Council proposes to rezone a property pursuant to Section 904(1) it may chose to include the cost to provide the amenity as an amenity for the purposes of that bylaw. Where the amenity cost is determined to be an amenity for the purposes of the bylaw adopted pursuant to section 904 and the developer wishes to take advantage of the higher density set out in the bylaw referred to in Section 4.7 by providing amenities, including the cost of the amenity, the amenity cost will be referenced in the zoning bylaws and may be provided as follows: equal to 5% of the value of the developable land established 90 days prior to final reading of the rezoning.
Purchase of Neighbourhood Park Land 4.9.
4.10.
4.11.
To facilitate the development of new neighbourhoods any zoning amendment for the purpose of residential development in a new development area must be consistent with the Official Community Plan with respect to park and school site provisions. The purchase price to be paid for Neighbourhood Park and School sites shall be market value determined by an appraisal undertaken by or on behalf of the Property Management Department of the Township of Langley to a maximum value equal to the land value contained in the most recent Langley Development Cost Charges Bylaw. Nothing in this policy will fetter the discretion of the Council of the Township to exercise it’s legislative powers and functions.
PRESENTED: FROM: SUBJECT:
FEBRUARY 9, 2009 - SPECIAL MEETING COMMUNITY DEVELOPMENT DIVISION NEIGHBOURHOOD PARK LAND POLICY
REPORT: FILE:
09-12 0890 - 20
RECOMMENDATIONS:
That Council receive the report entitled “Neighbourhood Park Land Policy”, for information; and further That Council endorse the Neighbourhood Park Land Policy, to ensure a consistent approach in acquisition and funding of neighbourhood level park land. EXECUTIVE SUMMARY:
The most recent Langley Development Cost Charges (DCC) Bylaw 2008 No. 4640 does not include neighbourhood parks. In removing the neighbourhood level parks from the DCC Bylaws, staff was required to seek alternate methods of acquiring and funding neighbourhood park land, including the possible delegation of this responsibility to individual developers within a given neighbourhood. Section 941 of the Local Government Act provides that an owner of land being subdivided must provide up to 5% of the land being subdivided to meet park land needs identified by the municipality and that this requirement can be met by either the provision of land in an acceptable location or the payment of an amount equal to the market value of that land. The Township of Langley has not historically needed to utilize this provision of the Local Government Act. The proposed Neighbourhood Park Land Policy will provide a consistent process to secure and fund neighbourhood parks required to open up new neighbourhood areas through the development process. It is proposed that this new policy come into effect on July 21, 2009 which is the date that the new Development Cost Charges will begin to apply to all new developments and Neighbourhood Parks will no longer be a component of Development Cost Charges. PURPOSE:
To establish a policy that provides the required framework in compliance with the provisions of the Local Government Act for a consistent approach in securing and funding neighbourhood parks.
NEIGHBOURHOOD PARK LAND POLICY
Page 2 . . .
BACKGROUND/HISTORY:
The most recent Langley Development Cost Charges Bylaw 2008 No. 4640 adopted by Council on July 21, 2008 removed Neighbourhood Parks from the DCC program. The combined park land standard of municipal, community and neighbourhood park contained in the previous bylaw was 8.0 acres per 1,000 people. The new bylaw removed the neighbourhood park standard of 2.0 acres per 1,000 people. The report to Council of February 18, entitled 2008 Development Cost Charges, stated that adopting the new DCC bylaw without the neighbourhood park standard delegates the responsibility of acquiring neighbourhood parks to individual developers within a given neighbourhood, as opposed to the development community as a whole. This change effectively lowered the overall DCC rates for development with the intent that related costs would be covered through another mechanism. Current Council development policy requires that prior to approval of the initial development in a neighbourhood, an adequately sized and located neighbourhood park and elementary school site must first be secured and transferred to the acceptance of the Municipality and School District. DISCUSSION/ANALYSIS:
Historically, the Township of Langley has not utilized the 5% dedication / cash-in-lieu provisions of the Local Government Act but rather has incorporated all Municipal, Community and Neighbourhood parkland requirements in the parkland DCC program. The Parkland Acquisition Best Practices Guide prepared by the BC Government cautions that park acquisition strategies should avoid double-charging. By removing the neighbourhood park standards from the DCC program and utilizing the 5% park land dedication or cash-in-lieu provisions for neighbourhood parks, double-charging is eliminated. Amongst the municipalities that utilize the 5% dedication / cash-in-lieu provisions to obtain required park land components are: Surrey, Coquitlam and Maple Ridge. Section 941 of the Local Government Act provides that an owner of land being subdivided must provide up to 5% of the land being subdivided to meet park land needs identified by the municipality and that this requirement can be met by either the provision of land in an acceptable location or the payment of an amount equal to the market value of that land. Generally, the cash-in-lieu option will be utilized as neighbourhood park sites are required to be in specific locations at a minimum size of 5 acres with configurations that work for the expected playing fields and adjacent elementary school. The Local Government Act is specific in that the 5% dedication / cash-in-lieu provision applies only to subdivisions which create more than 3 additional lots with a lot size under 2 hectares. To assure that multi-family developments cover their respective share of the cost of neighbourhood parks, a fee equivalent to 5% park land dedication or cash-in-lieu provisions will need to be required as a condition of rezoning for multi-family developments.
NEIGHBOURHOOD PARK LAND POLICY
Page 3 . . .
The determination of the value of the 5% cash-in-lieu will be established in accordance with Section 941 of the Local Government Act using average market value of all developable land in the proposed subdivision. Where the Township of Langley and a property owner do not agree on the market value of the land, the value shall be determined by a qualified appraiser appointed jointly by the owner and the Township who will share the cost of the appraisal. Applicable Policies: Existing Council Policy 07-154 Subdivision: Park Dedications, authorizes the Approving Officer to make decisions as to the requirement of the 5% park land dedication or cash-in-lieu for subdivision proposals. Legislation: The Local Government Act allows for up to 5% of land being subdivided to be provided to meet park land requirements. Alternatively, this requirement can be met by the property owner providing monies equal to 5% of the value of the land at time of preliminary approval of subdivision, or if no preliminary approval is given, a date within 90 days before the final approval of the subdivision. Legal Implications: To maintain equality for all residential developments who previously contributed equally to the acquisition of neighbourhood parks, an equivalent fee will be applied as a condition of rezoning for multi-family developments as if the 5% park land dedication or cash-in-lieu provisions of the Local Government Act also applied to these types of residential developments. Community Implications The provision of neighbourhood parks in conjunction with elementary schools is a necessary component of allowing neighbourhoods to develop in the manner intended to facilitate complete walkable communities. Implementation of a Neighbourhood Park Land Policy will allow new developments to proceed in new neighbourhoods where the provision of a park and school site is required prior to approval of development applications. The Neighbourhood Park Land Policy provides for a consistent funding and securing approach to providing the required neighbourhood park land. It is proposed that the new policy come into effect on July 21, 2009 which is the date that the new Development Cost Charges take effect and Neighbourhood Parks will no longer be a component of Development Cost Charges.
NEIGHBOURHOOD PARK LAND POLICY
Page 4 . . .
Financial Implications As per Section 941 of the Local Government Act, all monies collected for the provision of parkland under this section must be deposited in a reserve fund established for the acquisition of park lands. A new Neighbourhood Park Land Reserve fund would need to be established for this purpose. Respectfully submitted,
Al Neufeld MANAGER, PARKS DESIGN AND DEVELOPMENT for COMMUNITY DEVELOPMENT DIVISION AN/an This report has been prepared in consultation with the following listed departments. CONCURRENCES Division Name Recreation,Culture,and Parks David Leavers Finance Derrick Sparks Property Management Scott Thompson
ATTACHMENT A
Neighbourhood Park Land Policy No. 07-616
POLICY MANUAL
Subject: Neighbourhood Park Land
1.
In accordance with the Langley Development Cost Charges Bylaw approved by Council in July of 2008, Park land acquisition charges do not include Neighbourhood Level Parks. The Act allows for up to 5% of land being subdivided to be provided to meet park land requirements. Alternatively, this requirement can be met by the property owner providing monies equal to 5% of the value of the land at time of preliminary approval of subdivision, or if no preliminary approval is given, a date within 90 days before the final approval of the subdivision. These funds will then be used to acquire Neighbourhood park land where required.
Related Policy 3.1.
4.
To provide a consistent approach to secure and fund Neighbourhood Park Land as regulated by the Local Government Act (the “Act”).
Background 2.1.
3.
07-616
Purpose 1.1.
2.
Policy No: Approved by Council: Revised by Council: Replaces Old Policy No.: Approved on:
Council Policy 07-154 Subdivision: Park Dedications, authorizes the Approving Officer to make decisions as to the requirement of the 5% park land dedication or cash in lieu from subdivision proposals.
Policy Determination and Collection of 5% 4.1. 4.2.
The Developable Land is defined as the land being proposed for subdivision minus areas being dedicated for greenways and streamside protection. The value of the 5% will be established according to Section 941 of the Act using average market value of the developable land in the proposed subdivision calculated as that value would be on either (i) (ii)
the date of preliminary approval of the subdivision, or if no preliminary approval is given, a date within 90 days before the final approval of the subdivision,
as though (iii)
the land is zoned to permit the proposed use, and
Neighbourhood Park Land Page 2 . . .
(iv) 4.3.
4.4. 4.5.
4.6.
4.7.
4.8.
any works and services necessary to the subdivision have not been installed. Where a property owner and the Township of Langley (the “Township”) do not agree on the market value of the land under Section 941(6) of the Act, the value shall be determined by a qualified appraiser appointed jointly by the owner and the Township. If the owner and the Township fail to agree on the appointment of a qualified appraiser, the Inspector of Municipalities shall, upon the application of either party, appoint an appraiser to determine the market value. Unless otherwise agreed, the cost of the appraiser shall be borne equally by the owner and the Township. The 5% value shall be paid to the municipality before final approval is given for the subdivision. All monies collected for park land acquisition shall be deposited in a reserve fund established for the purpose of acquiring neighbourhood park land and be used to purchase land for Neighbourhood Parks to allow new neighbourhoods to proceed with development. All residential developments shall contribute to the acquisition of Neighbourhood Park land. The provision of neighbourhood park land may also be considered an amenity for the purposes of this policy. Section 904(1) of the Local Government Act provides for the establishment of different density regulations for a zone, one generally applicable for the zone and the other applicable if conditions including those relating to the provision of amenities are met. Where Council proposes to rezone a property pursuant to Section 904(1) it may chose to include the cost to provide the amenity as an amenity for the purposes of that bylaw. Where the amenity cost is determined to be an amenity for the purposes of the bylaw adopted pursuant to section 904 and the developer wishes to take advantage of the higher density set out in the bylaw referred to in Section 4.7 by providing amenities, including the cost of the amenity, the amenity cost will be referenced in the zoning bylaws and may be provided as follows: equal to 5% of the value of the developable land established 90 days prior to final reading of the rezoning.
Purchase of Neighbourhood Park Land 4.9.
4.10.
4.11.
To facilitate the development of new neighbourhoods any zoning amendment for the purpose of residential development in a new development area must be consistent with the Official Community Plan with respect to park and school site provisions. The purchase price to be paid for Neighbourhood Park and School sites shall be market value determined by an appraisal undertaken by or on behalf of the Property Management Department of the Township of Langley to a maximum value equal to the land value contained in the most recent Langley Development Cost Charges Bylaw. Nothing in this policy will fetter the discretion of the Council of the Township to exercise it’s legislative powers and functions.
