Policy 5.3.3 Acquisition of Community Park Land under Section 510 of the Local Government Act
· Islands Trust Area · Policies · 1996
Original Trust document
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Topics: Transportation & ferries · Governance & budget — our classification, not the Trust's.
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POLICY – 5.3.3 Acquisition of Community Park Land under Section 510 of the Local Government Act Page 1 Policy: 5.3.3 Approved By: Trust Council Approval Date: May 29, 1996 Amendment Date(s): Policy Holder: Director of Local Planning Services ACQUISITION OF COMMUNITY PARK LAND UNDER SECTION 510 OF THE LOCAL GOVERNMENT ACT Purpose The purpose of this policy is to delineate the scope and options available for local trust committee (LTC) involvement in the acquisition of community park land under Section 510 of the Local Government Act. A. Definitions Public Open Space - Areas of public domain including provincial, federal, regional and community parks, right of ways, un-alienated crown land, easements granting public rights of use, covenants preserving open space for public benefit, etc. Park - provincial, regional or community park. Community Park - Section 510 park created at time of subdivision, whether taken by the Regional District or not, and park acquired by a Regional District through grant, purchase, etc., for community park purposes. Acquisition - land acquired by Regional District through dedication or other means of acquisition for community park purposes, or dedicated as park under Section 510 in the absence of Regional District acquisition and held as crown land for park. B. Policy 1. Policy Statement This policy is guided by elements of the Islands Trust Policy Statement which deal with parks, recreation, trails and natural protection. 2. Official Community Plans (OCP) and/or Rural Land Use Bylaws (RLUB) 2.1 Official community plans and/or rural land use bylaws should clearly delineate areas of ecological, scenic or recreational significance requiring protection as public open space, park and community park and the circumstances under which acquisition of such areas would be desirable. The local trust committee (LTC) may consult with the public, the Advisory Planning Commission, and the Parks and Recreation Commission (if formed) to determine parks policies and designations for an OCP/RLUB. POLICY – 5.3.3 Acquisition of Community Park Land under Section 510 of the Local Government Act Page 2 2.2 The LTC shall determine the acceptability of any proposed community park location pursuant to Section 510(1)(a) of the Local Government Act as follows: 2.2.1 In the absence of OCP policies and designations for park dedications, in accordance with the Trust Mandate, Trust Policy Statement, and advice from the community as deemed necessary. 2.2.2 When an OCP provides policies and designations for park dedications, in accordance with those requirements to determine precise locations. 3. Zoning Regulations Zoning regulations can be enacted on community park land on or after the park land dedication pursuant to Section 510 of the Local Government Act and can bind any user of land except the province itself, but includes any occupier of Crown land. Zoning regulations may permit particular
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