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. CORPORATION OF THE VILLAGE OF BARNWELL
IN THE
PROVINCE OF ALBERTA
BYLAW NO. 04-15
BEING A BYLAW OF THE VILLAGE OF BARNWELL IN THE PROVINCE OF ALBERTA, FOR THE
PURPOSE OF AMENDING BYLAW NO. 5-09 "OFF-SITE LEVY' BYLAW
WHEREAS, pursuant to the provisions of the Municipal Government Act, RSA 200 cM-26 as
amended or repealed and replaced from time to time, provides that the Council of a
Municipality may pass a Bylaw establishing an off-site levy;
WHEREAS, Council deems that the amount of the off-site levy as established in Village of
Barnwell Bylaw 5-09 by MPE Engineering is in excess of an amount that is reasonable to
encourage growth and stimulate the economy in the Village
WHERAS, the Council of the Village of Barnwell deems it necessary to amend Village of
Barnwell Offsite Levy Bylaw No. 5-09
/ NOW THEREFORE the Municipal Council of the Village of Barnwell, duly assembled, hereby
enacts as follows:
1. That Bylaw No. 5-09 Section 4 is amended as follows:
a) The "off-site levy" to be imposed will be Thirty Thousand Dollars ($30,000) per
hectare of land that is to be developed or subdivided.
b) Developers who front end the construction of off-site levy infrastructure may
apply the cost of this infrastructure against off-site levies due to the Village of
Barnwell as per Guiding Principles outlined in Schedule "B" as attached
c) Payment of the Off-Site Levy:
i. 50% of the Levy is payable upon signing of the Development Agreement
ii. The remaining 50% shall be paid prior to the issuance of any
Development permits on the developed land
d) Special conditions by resolution of Council shall apply where Council sees that it
would be equitable to do so.
2. That this Bylaw shall take force and have effect upon final reading thereof.
READ a first time this 19"" day of November, 2015.
Ze
Mayor - E, fsen Municipal Administrator - Wendy Bateman
( READ a second time this 21* day of January, 2016.
Mayor "= -- Municipal Administrator - Wendy Bateman
READ a third time and finally PASSED this 21% day of January, 2016. .
Mayor -- Eric J unicipal Administrator - Wendy Bateman
|
VILLAGE OF BARNWELL
BYLAW 4-15 |
SCHEDULE 'B'
OFFSETTING OFF-SITE LEVIES FOR FRONT END INFRASTRUCTURE COSTS
Guiding Principle
Developers that front end the construction of off-site infrastructure for a development may
apply the cost of this infrastructure against off-site levies as follows:
1. The offset credit will be based upon the Village of Barnwell approved construction
estimates. The developer will provide this estimate. The developer estimate must be
certified by a professional engineer or based on a fixed price bid from a contractor. |
When the infrastructure is ultimately constructed, the actual cost of construction, |
approved by the Village, may be applied to adjust any off-site levies still owing. The |
developer must advise the Village of any change orders that impact the cost of the
approved infrastructure and the change order must be approved in writing by the
Village to be eligible levy assessment offset.
2. Developers will be responsible to construct off-site infrastructure to the standards and
specifications of the Village. At completion, infrastructure will be subject to Village
inspection. The developer will be responsible to remedy construction deficiencies at the
developers own expense.
3. The Village of Barnwell will not reimburse the developer for off-site infrastructure costs
greater than the amount of the calculated off-site levy. However, if the developer is
required to oversize or install infrastructure to service their development, where later
developments may access or tie-in to those services, the Village may use an 'Endeavor
to Assist Clause' in the Development Agreement to compensate for such costs. Any
cost recovery required through such agreement is over and above the off-site levies
attached to any parcel.