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TOWN OF BRUDERHEIM
OFF-SITE LEVY BYLAW
BYLAW NO. 47-2016
A BYLAW OF THE TOWN OF BRUDERHEIM, IN THE PROVINCE OF ALBERTA,
FOR THE PURPOSE OF ESTABLISHING A STRUCTURE FOR OFF-SITE LEVIES
FOR LAND THAT IS TO BE SUBDIVIDED OR DEVELOPED WITHIN THE
CORPORATE BOUNDARIES OF THE TOWN OF BRUDERHEIM.
WHEREAS the Municipal government Act, RSA 2000, chapter M-26, as amended or
repealed and replaced from time to time, permits a Council to impose a levy known as
an Off-Site Levy in respect of land to be developed or subdivided within a municipality's
limits, and to authorize an Agreement to be entered into for payment of the levy, and
WHEREAS the municipality has engaged in consultation with representatives of the
development industry to address and define existing and future infrastructure
requirements of the Municipality with respect to circumstances of the Municipality and
the benefits of development, and
WHEREAS the Council has received advice and reports respecting upgrades to Off-Site
infrastructure which set out a fair and equitable calculation of Off-Site Levies in
accordance with the purpose of the Municipal government Act, RSA 2000, chapter M-
26, as amended or repealed and replaced from time to time;
NOW THEREFORE the Council of the Town of Bruderheim, in the Province of Alberta,
duly assembled, hereby enacts as follows:
1. BYLAW TITLE
1.1 This bylaw shall be cited as the Town of Bruderheim's "Off-Site Levy Bylaw"
2. DEFINITIONS
2.1 The following terms shall have the following meaning in this Bylaw:
a) "Bylaw" means this off-site levy bylaw established by the Municipality;
b) "Chief Administrative Officer" means the Chief Administrative Officer
for the Town, regardless of the specific title that may be conferred on
that Officer by Council from time to time:
c) "Council" means the Council for the Town of Bruderheim;
d) "Developable Land" shall mean all residential, commercial or industrial
lands contained within the Development Region:
(i) | Upon which Development takes place after the date of passing of
this Bylaw; or
(ii) For which Subdivision approval is obtained after the date of
passing of this Bylaw;
excluding all Developed Land. .
e) "Developed Land" shall mean land that has been subject to
Development or a Subdivision prior to the date of passing of this Bylaw,
and in respect of which off-site levies for the same services have been
paid.
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f) "Development" means "development" as defined in the Municipal
Government Act, RSA 2000, chapter M-26, sub-chapter 616, as
amended or repealed and replaced from time to time.
g) "Development Agreement" means "development agreement" as
referred to in the Municipal Government Act, RSA 2000, chapter M-26,
sub-chapters 650 and 655, as amended or repealed and replaced from
time to time.
h) "Development Region" includes the area of land within the municipal
boundaries of the Municipality.
i) "Growth" shall mean:
(i) the creation of new lots through Subdivision; and
(ii) | the occurrence of Development
j) "Municipality" means the Town of Bruderheim.
k) "Off-Site Infrastructure" shall mean those components and projects
referred to in the Reports, in relation to water, sanitary sewer facilities;
arterial roadways; and storm water containment and drainage;
|) "Off-Site Levy" means the off-site levy imposed pursuant to this Bylaw
under the authority of the Municipal government Act, RSA 2000, chapter
M-26, as amended or repealed and replaced from time to time.
m) "Reports" means the following:
(i) "Master Services Plan" prepared by Associated Engineering,
dated December 2015.
(ii) Any future reports as authorized by the Chief Administrative
Officer.
n) "Subdivision" means "subdivision" as defined in the Municipal
Government Act, RSA 2000, chapter M-26, sub-chapter 616, as
amended or repealed and replaced from time to time.
3. FORMS OF LEVY
3.1 From time to time, the Municipality may choose one of the following forms of
development, and associated levies, detailed in the associated development
permit:
3.1.1 Developer-initiated internal to subdivision:
3.1.1.1. The developer will install at their expense all water, sewer,
provision for fiber optic cable, storm water catchment and
drainage, and arterial roadways within the subdivision,
provided there are no implications to infrastructure
external to the subdivision.
3.1.2 Developer-initiated external to subdivision:
3.1.2.1. With input and oversight from the Municipality, the
Developer will install all water, sewer, provision for fiber
optic cable, storm water catchment and drainage, arterial
roadways, and improvements to existing infrastructure
required to service the subdivision, and oversized for
future development, at his expense.
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3.1.2.2 The Developer will submit audited statements to the
Municipality of the costs of the installations.
3.1.2.3. Through the Development Agreement, the Municipality will
develop an off-site levy payment structure on a per
hectare basis against the above improvements to be
applied to future developers, to be charged to Developers
who tie in to the infrastructure.
3.1.2.4 Through the Development Agreement, the Municipality will
reimburse the Developer, including interest on expended
monies that paid for the infrastructure improvements as
further tie-ins are made to the infrastructure as per the
Development Agreement between the parties.
3.1.3. Municipality controlled:
3.1.3.1. The Municipality will collect, on a per hectare basis, funds
from Developers for future installations and/or
improvements to off-site infrastructure, and install said
infrastructure as deemed required.
4. IMPOSITION OF LEVY
4.1 There is hereby imposed a levy which shall be known as an Off-Site Levy in
respect of all Developable land in the Municipality per Section 3.
4.2 The amount of the Off-Site Levy will be assessed on all Developable Land
within the Development Region on a per hectare basis as provided in the
Development Agreement between the parties, excluding those portions of
Developable Land that are designated pursuant to a Subdivision as:
4.2.1. Environmental Reserve
4.2.2 Municipal Reserve;
4.2.3 Arterial Right-of-Way; and
4.2.4 Storm water catchment and drainage.
4.3 Unless otherwise agreed upon per the Development Agreement; the Off-Site
Levy is due prior to the issuance of Subdivision approval for the Development
Region or the issuance of a Development permit in relation to the subject
parcel.
5. OBJECTS, PRINCIPLES AND CRITERIA
5.1 The objects, principles and criteria of the Off-Site Levy shall be in accordance
with the following:
5.1.1. This Bylaw creates an Off-Site Levy to provide funds for the
construction of Off-Site Infrastructure required for Growth.
5.1.2 Development in new growth areas through Off-Site Levies will
provide the capital to fund the infrastructure required for Growth.
Those who benefit from the infrastructure, which is defined by all
Developable Land in the Development Region, shall share
proportionally, on a per hectare basis, in related costs.
5.1.3 Provision of Off-Site Infrastructure by developers of Developable
Land will not create an advantage or penalty due to the time or
location of development.
5.1.4 Off-Site Infrastructure will be provided to maintain sustainable, cost-
effective and orderly growth.
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5.1.5 The calculation of the Off-Site Levy should be an open and
transparent process.
5.1.6 All funds collected from the Off-Site Levy will be credited to a
separate and distinct, identifiable Off-Site Levy account, which may
be invested as per the Municipality's Investment Policy until used for
the construction of the specified Off-Site Infrastructure. The
management of the Off-Site Levy account should be an audited
process, with reports available to the public and developers.
5.1.7 The Off-Site Levy will help allow the Municipality to recover the cost
of infrastructure required for Growth:
5.1.7.1. Using financial strategies that remain sustainable,
5.1.7.2 Facilitating development by reducing risk on early
developers and ensuring future developers share the
costs of the facilities from which they benefit, and
5.1.7.3 | Promoting cost effective and orderly development,
5.1.7.4 Reimbursing a Developer who has installed Off-Site
Infrastructure at their expense.
5.1.8 The Off-Site Levy will help promote orderly development by:
5.1.8.1. Providing Off-Site Infrastructure, once the appropriate
planning is in place, and when warranted in development,
and
5.1.8.2 Providing infrastructure for contiguous development.
5.1.9 The Off-Site Levy will help create a transparent process by;
5.1.9.1. | Providing opportunity for developer input into the levy, its
definition and administration,
5.1.9.2 Conforming with the Municipal government Act, RSA
2000, chapter M-26, as amended or repealed and
replaced from time to time, and
5.1.9.3 Providing reports on the Off-Site Levy.
5.1.10 The Off-Site Levy will help create a clear process for calculation of
the rate, levies and credits by:
5.1.10.1 Creating consistent and predictable levies and credits,
5.1.10.2 Creating predictable and stable levies over time, and
5.1.10.3 Documenting a process for establishing the levy rate.
6. DEVELOPMENT AGREEMENTS
6.1 The entering into of a Development Agreement with respect to, amongst
other things, the collection of an Off-Site Levy is hereby authorized.
6.2 Council delegates the authority to enforce and administer this Bylaw,
including, but not limited to, the authority to enter into Development
Agreements on behalf of the Municipality and to defer or waive collection of
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Off-Site Levies imposed pursuant to this Bylaw, to the Chief Administrative
Officer.
6.3 Council may from time to time adopt policies or guidelines for the assistance
and direction of the Chief Administrative Officer in determining which
Development and Subdivision applications shall require a Development
Agreement.
6.4 Where it is determined that a Development Agreement is appropriate for any
application for Development or Subdivision, the applicant or owner, as the
case may be, shall enter into a Development Agreement with the Municipality
and such Development Agreement shail ensure that:
6.4.1. Provision be made for the payment of Off-Site Levies as specified in
this Bylaw, or that provision may be made for the deferring of
payment of the Off-Site Levies to a future time certain or uncertain,
and
6.4.2. No further Off-Site Levies shall be required to be paid under
Development Agreements for lands, which are the subject of the
Development or Subdivision application, that have been previously
imposed Off-Site Levies and which have been collected in full.
7. ACCOUNTING
7.1 All funds collected pursuant to this Bylaw shall be accounted for in a special
fund and expended only as permitted under the provisions of the Municipal
government Act, RSA 2000, chapter M-26, as amended or repealed and
replaced from time to time.
8. GENERAL
8.1. Nothing in this Bylaw precludes the Municipality from:
8.1.1. Imposing further or different levies, duly enacted by bylaw, on any
portion of the Developable Lands in respect of which the Municipality
has not collected Off-Site Levies,
8.1.2 Deferring collection of the Off-Site Levy for the stated objects of the
Bylaw, on any portion of Developable Lands in respect of which the
Municipality imposed Off-Site Levies, including requiring security for
payment of such deferred Off-Site Levies, or
8.1.3. Reducing or forgiving payment of the Off-Site Levies required
pursuant to the Bylaw, or otherwise providing for credits for other Off-
Site or oversize infrastructure constructed by a developer in
calculating and/or collecting the Off-Site Levies that become payable
pursuant to this Bylaw.
9. SEVERABILITY
9.1 It is the intention of Council that each separate provision of this bylaw shall
be deemed independent of all other provisions, and it is further the intention
of Council that if any provision of this bylaw be declared invalid, that provision
shall be deemed to be severed and all other provisions of the bylaw shall
remain in force and effect.
10. RESCIND
10.1 That this Bylaw rescinds Bylaw 783-2008 The Offsite Levy Bylaw and all
amendments thereto:
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11. EFFECTIVE DATE
11.1 This bylaw shall come into full force and effect upon the date of the Third and
final reading
Read a first time this | day of August, 2016
Read a second time this (7 day of September, 2016
Read a third time and finally passed this O*+ day of September, 2016.
/ MAYOR
ADMINISTRATION
Date signed: S ef? t / // bb