THIS IS A GENERAL GUIDE THAT BRIEFLY EXPLAINS LAND DEDICATION FOR PARKS AND SCHOOLS, HOW IT IS ACQUIRED, AND WHERE YOU CAN GET MORE INFORMATION. AS IT IS GENERAL IN NATURE, IT IS NOT MEANT TO REPLACE BYLAWS OR OTHER LEGAL DOCUMENTS.  

WHAT IS LAND DEDICATION? 

LAND DEDICATION IS LAND PROVIDED TO A MUNICIPALITY OR SCHOOL BOARD BY A DEVELOPER AS A CONDITION OF SUBDIVISION APPROVAL. THE LAND IS DEDICATED WITHOUT COMPENSATION TO THE DEVELOPER. TYPICALLY THE LAND IS USED FOR PARK (INCLUDING PLAYING FIELDS, BUFFER AREAS, TRAILS, PASSIVE PARKS AND NATURAL AREAS)  OR SCHOOL PURPOSES.

HOW IS THE AMOUNT OF LAND REQUIRED TO BE DEDICATED DETERMINED? 

THE PLANNING ACT PROVIDES A FORMULA TO DETERMINE LAND DEDICATION REQUIREMENTS FOR PARK AND SCHOOL PURPOSES. THE ACT STATES THAT A MUNICIPALITY OR SCHOOL BOARD MAY REQUEST LAND IN THE AMOUNT NOT EXCEEDING ONE ACRE FOR EACH 100 PERSONS EXPECTED TO OCCUPY THE AREA BEING SUBDIVIDED. FOR EXAMPLE IF A DEVELOPER PROPOSED A 74 LOT SUBDIVISION THAT HAD ON AVERAGE OF 3.5 PEOPLE PER HOUSEHOLD, YOU COULD EXPECT 259 PERSONS (75 LOTS X 3.5 PEOPLE PER HOUSEHOLD) TO RESIDE IN THE DEVELOPMENT. THE 259 PERSONS WOULD THEN BE DIVIDED BY 100 TO EQUAL 2.59. THE DEVELOPER, IF REQUIRED,  WOULD THEN HAVE TO DEDICATE 2.59 ACRES OF LAND TO BOTH THE MUNICIPALITY AND THE SCHOOL BOARD.

WHY DO DEVELOPERS HAVE TO DEDICATE LAND FOR PARK AND SCHOOL PURPOSES? 

WITH THE DEVELOPMENT OF NEW HOMES IN A COMMUNITY COMES ADDITIONAL RESIDENTS. THESE NEW  RESIDENTS MAY NECESSITATE THE DEVELOPMENT BY THE MUNICIPALITY OR SCHOOL BOARD OF FURTHER PARKS AND SCHOOLS TO ACCOMMODATE THEM. TO ASSIST THE MUNICIPALITY AND SCHOOL BOARDS IN DEVELOPING ADDITIONAL PARKS AND SCHOOLS, DEVELOPERS ARE REQUIRED TO PROVIDE LAND IN AREAS DESIGNATED BY THE BY THE MUNICIPALITY AND SCHOOL BOARD.

IS THE DEDICATION OF LAND THE ONLY OPTION? 

WHERE COUNCIL FEELS THAT THE DEDICATION OF LAND IS UNNECESSARY OR UNDESIRABLE, IT MAY REQUIRE THE DEVELOPER TO PAY TO THE MUNICIPALITY OR SCHOOL BOARD A SUM OF MONEY EQUIVALENT TO THE VALUE OF THE LAND THAT WOULD HAVE BEEN DEDICATED. THE PLANNING ACT PROVIDES A FORMULA FOR DETERMINING THE VALUE OF THE LAND.

WHAT CAN PARK LAND BE USED FOR?

THE PLANNING ACT STATES THAT PARKLAND CAN BE USED FOR:

• A PUBLIC PARK

• A PUBLIC RECREATION AREA

• A NATURAL AREA

• A PLANTED BUFFER STRIP

• PUBLIC WORKS

CAN A MUNICIPALITY SELL LAND ACQUIRED BY DEVELOPERS FOR PARKLAND? 

THE PLANNING ACT ALLOWS MUNICIPALITIES TO SELL LAND IT REQUIRED FOR PARK PURPOSES FROM DEVELOPERS IF THE LAND IS NO LONGER REQUIRED FOR PUBLIC USE. THE MONEY OBTAINED FROM THE SALE OF THIS LAND CAN ONLY BE USED BY THE MUNICIPALITY FOR PUBLIC PARKS OR RECREATION PURPOSES. PRIOR TO A MUNICIPALITY SELLING THIS SURPLUS PARKLAND, IT MUST HOLD A PUBLIC MEETING TO HEAR REPRESENTATIONS FROM ANY PERSONS, ORGANIZATIONS AND AGENCIES WHO MAY BE AFFECTED BY THE SALE OF THE LAND.

FOR FURTHER INFORMATION CONTACT THE DEVELOPMENT OFFICER