Richmond Hill to appeal OMB decision on how much parkland developers must hand over
In a process closely watched by other GTA cities, a court has ruled the town can appeal a decision that strongly favoured developers.
Thestar.com
April 20, 2016
By Noor Javed
The Town of Richmond Hill has won a minor victory, after a judge ruled this week that it can appeal an Ontario Municipal Board decision that capped how much the town could ask developers to pay for parkland in exchange for building condos in the booming suburb.
The municipality will now head to Divisional Court, to make the case for why it should be allowed to implement its own policy, instead of the one determined by the OMB - an unelected board that has become the de facto decision maker in countless planning matters across the province.
“We are appealing the OMB decision as we believe that planning for the long term future of communities is a municipal responsibility,” said Richmond Hill Mayor Dave Barrow. “No one is better equipped to understand or respond to the needs of the community.”
In his decision in the Ontario Superior Court of Justice, Justice H.J. Wilton-Siegel said the case “engages the issue of the correct balance between the flexibility that municipal councils seek in their land use planning and the transparency and certainty that developers seek,” he said.
The town, in conjunction with the community, spent two years developing a parks plan that would guarantee residents ample green space for its residents in light of intensification pressures.
But the plan relied on getting condo developers to pay for green space through a parkland dedication bylaw - a provision of the provincial Planning Act that requires developers and builders to set aside either land or pay cash-in-lieu.
In 2013, the town passed a bylaw that applied the maximum amount permitted in the Act: one hectare for every 300 units, or the cash equivalent. As a lesser amount, the town added in the bylaw that developers could pay 1 hectare for every 730 new residents.
Developers balked and took the town to the OMB, saying the rate was a “serious disincentive” to development.
Last year, in its decision, the OMB sided with the developers and said the town’s rate was too high. It imposed a cap on how much the town could charge instead: 25 per cent of the land being developed, or its value in cash.
Ana Bassios, the Town’s commissioner of planning, said the OMB’s rate would shortchange the town’s parks plan by at least $70 million.
Municipalities across the GTA are closely watching the outcome of this case. Markham, Vaughan, Mississauga and Oakville all had intervener status during the proceedings, and supported Richmond Hill’s position.
“They may all have different rates, but the point is that it is really up to the municipality and local council,” said Bassios. “They want to the ability to determine their own future, like we do,” she said.
BY THE NUMBERS
- 2,874: Apartment units for which the Town has issued permits since 2010
- 13,491: Units the town anticipates will be built by 2031
- 197,184: Estimated population of Richmond Hill in 2013
