Protocol Agreement South Pender LTC - CRD

Extracted text (beginning)

PROTOCOL AGREEMENT REGARDING THE PROVISION
OF PARKLAND BETWEEN
THE SOUTH PENDER ISLAND LOCAL TRUST COMMITTEE
AND THE PENDER ISLAND PARKS AND RECREATION COMMISSION
REPRESENTING
THE CAPITAL REGIONAL DISTRICT
WHEREAS the South Pender Island Local Trust Committee (the "Trust Committee") and the Pender Island
Parks and Recreation Commission (the "Commission") consider it in the public interest to coordinate their
administrative procedures to ensure the acquisition and development of appropriate lands for community
parks, given the powers of the Trust Committee regarding the provision of parkland at the time of subdivision,
and the responsibility of the Commission to develop, operate, and maintain community parks for recreation
purposes;
AND WHEREAS the Trust Committee's jurisdiction includes:
i)the authority, through the Official Community Plan (the "OCP"), to generally state broad objectives
and policies respecting the form and character of existing and proposed parkland use, and to
designate the approximate location and type of present and proposed parkland use, and to designate
the approximate location and type of present and proposed public park facilities, pursuant to Section
945 of the Municipal Act; and
ii)the authority to designate lands for park use in regulatory bylaws, pursuant to Section 963 of the
Municipal Act; and
iii)the power to require, at the time of subdivision, that park land be provided, or cash-in-lieu be paid,
pursuant to Section 992 of the Municipal Act;
AND WHEREAS the Capital Regional District has jurisdiction over the community parks pursuant to Division
XIV of its Letter Patent and as such is entitled to the possession and control of land on South Pender Island
dedicated to the public for a park or public square, pursuant to Section 992 of the Municipal Act, and has the
authority to acquire, develop, operate and maintain community parks;
AND WHEREAS the Capital Regional District pursuant to its Supplementary Letters Patent dated (27th day of
February, 1976), established the Commission by Bylaw 1577 (Oct 28/87) and in such bylaw delegated to the
Commission all of the administrative powers of the Regional Board with respect to the development,
maintenance and operation of all community parks on South Pender Island;
AND WHEREAS the Commission has an interest in providing community parks for recreational purposes and
the Trust Committee has an interest in identifying community parklands which preserve and protect the Trust
Area and its unique amenities and environment for the benefit of the residents of the Trust Area and of the
Province generally, in cooperation with the Commission;
NOW THEREFORE both parties agree as follows:
1.The intent of the Commission and the Trust Committee is to improve the coordination of administration
procedures between the Commission and the Trust Committee with respect to the Trust Committee's
powers in relation to the provision of parkland, pursuant to Section 992 of the Municipal Act, and to
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