Legislative History: Enacted September 19, 2017 (By-law No. CPOL.-205-457); Amended June 26, 2018 (By-law No. CPOL.-319-310); Amended July 25, 2023 (By-law No. CPOL.-205(a)-204)
Last Review Date: July 25, 2023
Service Area Lead: Director – Transportation and Mobility
1. Policy Statement
This policy sets out the criteria for acquiring land dedications for road allowances relating to development approvals.
2. Definitions
Not applicable.
3. Applicability
Applies to all “development" as per in Section 41 of the Planning Act, R.S.O. 1990, and By-law C.P.-1455-541, as amended.
4. The Policy
The following policy be established and implemented in conjunction with development approvals and Consents
Development Requiring Road Widening
a) All development as defined “development" in Section 41 of the Planning Act, R.S.O. 1990, and By-law C.P.-1455-541, as amended, which implements it, or a Consent as defined in Section 53 (1) of the Planning Act, R.S.O. 1990, where the subject property is impacted by a road widening identified by the Official Plan, the widening will be conveyed immediately as a condition of development approval or Consent, as the case may be, other than land occupied by buildings or structures that will not otherwise be removed as part of the development, with the intent that the widening lands be conveyed unencumbered and at no cost to the City.
Use of Dedicated Land by Donor
b) Where the conveyance of a road widening creates a parking or other encroachment, the City may consider entering into an agreement with the owner allowing for the continued use of the widening lands until such time as the widening is needed for Municipal purposes. Any such agreement will be made in accordance with City’s bylaws, policies and practices at the time of the application or subsequent renewal.
c) Upon receipt and acceptance of the road widening, a dedication bylaw will be passed as soon as practically possible. During the interim, the owner may continue to use the widening lands for ingress and egress to their property provided the access existed prior to the transfer.
Outstanding Deferred Road Widening Agreements
d) In regards to outstanding deferred widening agreements currently registered on title, the City will be responsible for all technical requirements and have ultimate approval of the required widening and will provide the reference plan, if required, to convey the widening. The City will offer reimbursement of reasonable legal costs upon acceptance of the road widening and proof of legal expenses being paid provided such costs have been pre-approved by the Deputy City Manager, Legal Services.