Section 37 of the Planning Act permits the City to authorize increases in permitted height and/or density through the zoning bylaw in return for community benefits, provided that there are related Official Plan policies in place (section 5.1.1 of the Official Plan as well as certain area-specific policies).
Section 37 Implementation Guidelines
The Section 37 Implementation Guidelines were adopted by City Council on November 20, 2007. Such Guidelines are intended to assist in the implementation of the Section 37 policies of the Official Plan (section 5.1.1). They are designed to be read in conjunction with the Official Plan policies, and address implementation principles, other implementation issues, and guidelines for securing specific types of community benefits.
Protocol for Negotiating Section 37 Community Benefits
A Protocol for Negotiating Section 37 Community Benefits was adopted by City Council at the meeting of December 11-13, 2007. The Protocol was requested by Planning and Growth Management Committee and is another form of guideline. The Protocol deals with the process by which community benefits are negotiated by City Planning staff, with the involvement of the Ward Councillor and with community consultation.
Proposed Area-Specific Official Plan Amendment for S.37 Funding of Heritage Conservation District Studies
The Section 37 policies of the Official Plan currently limit community benefits to capital facilities or cash contributions for specific capital facilities. City Council has adopted a Site and Area Specific amendment to the Official Plan so that cash contributions might also fund Heritage Conservation District studies in specific locations in the City. The amendment is necessary because studies are not capital facilities. The amendment has been appealed by the Building Industry and Land Development Association but a proposed settlement of the appeal will be before City Council at the May, 2009 meeting. If adopted, the City Solicitor will present the settlement to the Ontario Municipal Board in the near future.
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