Four municipalities to fight OMB


NRU
April 1, 2015

At its March 24 meeting, Markham development services committee resolved to pledge its support to Richmond Hill in its court challenge of the Ontario Municipal Board’s decision regarding parkland dedication policies. Markham is the latest municipality to offer its support to Richmond Hill along with Mississauga and Oakville. All four municipalities are expressing concern over a precedent setting decision by the OMB that would limit their ability to pay for parks as their communities grow.

Richmond Hill is asking the OMB to review its decision and plans to appeal it in the divisional court on the grounds that the OMB lacked the jurisdiction to impose the cap.

Over a three-year hearing, the town argued for a parkland dedication policy that would require developers to set aside park space, or cash-in-lieu for parks, at a rate of one hectare per 300 residential units. However, board vice-chair Jan de Pencier Seaborn ruled in a January 15 decision that only 25 per cent of the land being development, or its cash-in-lieu equivalent, can be charged by the town.