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CHARTER BYLAW NUMBER 1H2024
BEING A CHARTER BYLAW OF THE CITY OF CALGARY
TO ESTABLISH OFF-SITE LEVIES
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
WHEREAS pursuant to section 648 of the Municipal Government Act, R.S.A. 2000, c.M-
26, as amended, and section 4 of the City of Calgary Charter, 2018 Regulation, Alta Reg
40/2018, Council may provide for the imposition and payment of an off-site levy in respect of
land that is to be subdivided, developed or redeveloped;
AND WHEREAS The City of Calgary has consulted in good faith with stakeholders prior
to making a final determination on defining and addressing existing and future infrastructure
requirements, when determining the methodologies on which to base the off-site levies, and on
the calculations of the off-site levies with stakeholders in the benefitting areas where the
off-site levies will apply;
AND WHEREAS The City of Calgary has defined the infrastructure for which off-site
levies will be imposed, established the method that will be used to determine the degree that
the land that is to be subdivided, developed or redeveloped benefits from each type of
infrastructure identified, and calculated levies as described in the Off-site Levies Background
Report, attached as Schedule "C" of this bylaw;
AND WHEREAS Council deems it necessary and desirable to impose off-site levies
according to the methodologies and calculations set out in the Off-site Levies Background
Report;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF CALGARY ENACTS AS
FOLLOWS:
1. This bylaw may be cited as the "Off-site Levies Bylaw".
PURPOSE OF THE LEVIES
2. This bylaw imposes off-site levies to pay for the capital cost of the infrastructure forming the
subject of the off-site levies, land required for or in connection with the infrastructure, and
the interest cost of borrowing to finance the capital costs of the infrastructure and land.
BYLAW NUMBER 1H2024
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DEFINITIONS AND INTERPRETATION
3. (1) In this bylaw, the following definitions apply:
"approving authority" means a person or body appointed as a development authority or
subdivision authority in accordance with the Municipal Government Act, and does not
include an appeal board;
"Chief Administrative Officer" means the Chief Administrative Officer of The City of
Calgary or the employee of The City of Calgary who has been delegated the authority to
exercise the powers, duties, and functions of the Chief Administrative Officer under this
bylaw;
"commercial development" means the uses described in Table 3 of Schedule "B";
"Established Area" means the area identified as "Established Area" on the map in
Schedule "A";
"Development Agreement" means the standard City of Calgary Development
Agreement;
"Greenfield Area" means the area identified as "Greenfield Area" on the map in Schedule
"A";
"industrial development" means the uses described in Table 3 of Schedule "B";
"levy" or "levies" means either individually or collectively the emergency response levy,
library levy, police levy, recreation levy, transit buses levy, transportation levy,
stormwater levy, water distribution levy, wastewater collection levy, water treatment levy,
and wastewater treatment levy imposed pursuant to this bylaw;
"residential development" means the uses described in Table 3 of Schedule "B";
"site development area" means any portion of land that is the subject of a subdivision or
development permit application, and may be portions of, or all of, one or more areas of
land described in a certificate of title or described in a certificate of title by reference to a
plan filed or registered in a land titles office;
"skeletal road" means the roads identified as Skeletal Roads in Map 7, Part 8 of the
Calgary Transportation Plan 2020, Volume 3 of the City of Calgary's Municipal
Development Plan;
"The City" means the municipal corporation of The City of Calgary;
"unit" means a Dwelling Unit or a Live Work Unit, but does not include a Secondary Suite
or Backyard Suite, as those terms are defined in the Land Use Bylaw, 1P2007;
(2) Headings or sub-headings are inserted for ease of reference and guidance purposes
only and do not form part of this bylaw.
(3) Each provision of this bylaw is independent of all other provisions and if any provision is
BYLAW NUMBER 1H2024
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declared invalid for any reason by a Court of competent jurisdiction, all other provisions
of this bylaw remain valid and enforceable.
(4) Where this bylaw cites or refers to any Act, bylaw, regulation, agreement or publication,
the citation or reference is to the Act, bylaw, regulation, agreement or publication as
amended, whether amended before or after the commencement of this bylaw, and
includes reference to any Act, bylaw, regulation, agreement or publication that may be
substituted in its place.
(5) All schedules attached to this bylaw form a part of this bylaw.
CALCULATION
4. (1) The city is divided into geographical areas as shown in Schedule 'A' for the purpose of
calculating the levies to be imposed.
(2) The infrastructure forming the subject of the levies, the methodologies and the calculations of
levy rates and amounts are described in Off-site Levies Background Report, attached to this
Bylaw as Schedule "C".
(3) The Chief Administrative Officer shall do a periodic review of the calculations of levy
rates.
LEVIES
5. (1) Subject to subsections (4), (5) and (6), the following levies shall be imposed on all land within
the Greenfield Area that is to be subdivided or developed for which such a levy has not
previously been paid:
(a) emergency response levy,
(b) library levy,
(c) police levy,
(d) recreation levy,
(e) transit buses levy,
(f) transportation levy,
(g) stormwater levy,
(h) water distribution levy,
(i) wastewater collection levy,
(j) water treatment levy, and
(k) wastewater treatment levy.
BYLAW NUMBER 1H2024
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(2) Subject to subsections (4), (5) and (6), the water treatment and wastewater treatment
levies shall be imposed on all land within the Established Area that is to be subdivided
or developed for which such a levy has not previously been paid.
(3) For the purpose of this bylaw only, despite subsection (2), the water treatment and
wastewater treatment levies shall not be imposed on land that:
(a) was the subject of a City of Calgary Master Development Agreement executed
between January 1, 2000 and December 31, 2010,
(b) was the subject of a City of Calgary Master Development Agreement executed
between January 1, 2011 and December 31, 2011 and paid a 2010 levy rate, or
(c) is the subject of a development permit for the addition of floor area for commercial
or industrial development and the gross floor area is less than 150 square metres.
(4) Despite subsections (1) and (2), a levy shall not be imposed on land that is designated
as environmental reserve or that is a skeletal road.
(5) Despite subsections (1) and (2), where only portions of a parcel are subject to a
subdivision or development permit approval, nothing shall prevent the imposition of a
levy on the remaining land, or portions thereof, on subsequent subdivision or
development.
(6) Despite subsections (1) and (2), the Chief Administrative Officer may defer the
imposition of a levy on all or part of a parcel where, in his or her sole discretion, there
will be opportunity to collect the levy on future subdivision or development.
AMOUNT OF LEVIES
6. (1) Subject to the following subsections and section 9, the rates and amounts of the levies to be
imposed pursuant to this bylaw are the rates and amounts indicated in Schedule "B".
(2) Subject to subsection 5(4), in the Greenfield Area, the levies to be imposed pursuant to
this bylaw are calculated at the rates per hectare multiplied by the number of hectares in
the site development area.
(3) Subject to subsection 5(4), in the Established Area, for industrial developments, or a
combination of industrial and commercial developments on a development permit
application, the amount of the levies to be imposed pursuant to this bylaw is the total
gross floor area of industrial and commercial development approved in the development
permit, multiplied by the rate for industrial and commercial development.
(4) Subject to subsection 5(4), in the Established Area, for residential, commercial, or a
combination of residential and commercial development on a development permit
application, the amount of the levies to be imposed pursuant to this bylaw is:
(a) the total number of units and the total gross floor area of commercial development
approved in the development permit, multiplied by the rates for each type of unit and
the rate for commercial development; or
BYLAW NUMBER 1H2024
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(b) where the combined equivalent population per hectare for residential and
commercial development proposed in the development permit is greater than or
equal to 285 equivalent population per hectare, the lesser of:
i.
the calculation as set out in subsection (4)(a), or
ii. $839,040.00 multiplied by the number of hectares in the site development area.
(5) For the purpose of subsection (4), the equivalent population per hectare for residential
and commercial development is calculated using the equivalent population formula
indicated in Table 2 of Schedule "B" per type of development for the total number of
units and the total gross floor area of commercial development on the site development
area, divided by the site development area.
(6) For the purpose of subsections (3) and (4), the number of units or gross floor area used
to calculate the levies must exclude any units or gross floor area of commercial or
industrial development that:
(a) are demolished or will be demolished, provided the development existed within ten
years prior to the development permit application and was connected to both the
water and sanitary sewer systems, or
(b) will be retained on site.
(7) The amounts of the stormwater levy, water distribution levy, wastewater collection levy,
water treatment levy, and wastewater treatment levy indicated in Schedule "B" and the
amount of the levies indicated in section 6(4)(b)(ii) automatically adjust every year on
January 1 without amendment to this bylaw by the percentage calculated from an
historic five year smoothed average of the Statistics Canada non-residential building
construction price index data for Calgary, as calculated by the Chief Administrative
Officer.
(8) The amounts of the emergency response levy, library levy, police levy, recreation levy,
transit buses levy, and transportation levy indicated in Schedule "B" automatically adjust
every year on January 1 without amendment to this bylaw by the percentage calculated
from a discount rate based on the asset mix of the investments held on the capital
deposits and the long-term capital market assumptions The City uses in projecting
returns from investment portfolios, as calculated by the Chief Administrative Officer.
(9) Subject to section 5(6), the amounts of the levies to be imposed pursuant to this bylaw
are determined:
(a) in the case of a development permit, on the date of the approving authority's decision
on a development permit, and
(b) in the case of a subdivision, on the effective date of a Development Agreement.
PAYMENT OF LEVIES
7. (1) A levy that has been imposed on a subdivision pursuant to this bylaw shall be paid as follows:
BYLAW NUMBER 1H2024
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(a) 30 per cent within one year of the effective date of a Development Agreement,
(b) 30 per cent within two years of the effective date of a Development Agreement, and
(c) the remaining 40 per cent within three years of the effective date of a Development
Agreement.
(2) A levy that has been imposed as a condition of a development permit approval pursuant
to this bylaw shall be paid before the release of the development completion permit or
occupancy of the development, whichever occurs first.
(3) Interest on any outstanding levy or portion of a levy shall be calculated from the time of
the payment at the rate of one and one half per cent (1.5%) per month (18% per
annum).
AGREEMENTS
8. The City may enter into agreements with respect to levies.
TRANSITION
9. (1) This bylaw applies to all subdivision or development approvals made on or after March 1,
2024.
(2) Despite subsection (1), the provisions of previous bylaws imposing off-site levies
continue to apply to all subdivision and development where:
(a) in the case of a development permit, the date of the approving authority's
decision occurs on or before February 29, 2024, or
(b) in the case of a subdivision, the date of the approving authority's decision occurs on
or before February 29, 2024 and the date of execution of a Development
Agreement for that approval occurs on or before March 15, 2024.
(3) Except as provided for in subsection (2), Bylaw 2M2016 is hereby repealed.
OTHER LEVIES AND CHARGES
10. (1) In addition to the levies pursuant to this bylaw, the Centre City Levy Bylaw, Bylaw 38M2009,
shall continue to apply.
(2) Nothing in this bylaw prevents The City from imposing or collecting further or different
levies or charges on any land subject to this bylaw.
ENACTMENT
11. This bylaw comes into force on March 1, 2024.
READ A FIRST TIME ON JANUARY 16, 2024
READ A SECOND TIME ON JANUARY 16, 2024
READ A THIRD TIME ON JANUARY 16, 2024
MAYOR
BYLAW NUMBER 1 H2024
SIGNED ON JANUARY 16, 2024
SIGNED ON JANUARY 16, 2024
PUBLISHED ON THE CITY'S WEBSITE THIS
17
DAY OF :f-ANU d:f_---f , 2024.
Page 7 of 12
BYLAW NUMBER 1H2024
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SCHEDULE "A"
The following map illustrates the geographic areas referred to in this bylaw.
BYLAW NUMBER 1H2024
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SCHEDULE "B"
TABLE 1 - Levy Rates in the Greenfield Area
Levy
2024 Rate($/ha)
emergency response levy
$17,069
library levy
$5,801
police levy
$7,438
recreation levy
$52,510
transit buses levy
$19,597
transportation levy
$156,386
stormwater levy
$20,869
water distribution levy
$82,666
wastewater collection levy
$70,083
water treatment levy
$32,580
wastewater treatment levy
$144,060
BYLAW NUMBER 1H2024
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TABLE 2 - Levy rates for treatment levies in the Established Area
TYPE
LEVY RATE
Equivalent
Population (EP)
Residential
development
Single Detached
development with only one unit
$8,537.60 per unit
units × 2.9 EP/unit
Semi-detached/Duplex
development with only two units
$7,654.40 per unit
units × 2.6 EP/unit
Multi-Residential Grade-
Oriented
development with three or four
units, regardless of the form, or
five or more units, where the
units are provided in a Cottage
Housing Cluster*, Townhouse*,
Rowhouse Building* or in other
grade-oriented development
$5,299.20 per unit
units × 1.8 EP/unit
Multi-Residential Non Grade-
Oriented
development with five or more
units, where the units are
provided in a Multi-residential
Development* or in other non
grade-oriented development but
are not provided in a Cottage
Housing Cluster*, Townhouse*
or Rowhouse Building*
$4,416.00 per unit
if a unit contains 2 or
more bedrooms
units × 1.5 EP/unit
$3,532.80 per unit
if a unit contains less
than 2 bedrooms
units × 1.2 EP/unit
Commercial development
$49.88/m2 of gross
floor area
gross floor area
× 0.017 EP/m2
Industrial development
$23.94/m2 of gross
floor area
gross floor area
× 0.008 EP/m2
* The terms "Cottage Housing Cluster", "Townhouse", "Rowhouse Building", and "Multi-
Residential Development" have the same meanings as provided for in the City of Calgary
Land Use Bylaw, 1P2007 and include any similar uses defined in a Direct Control District.
BYLAW NUMBER 1H2024
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TABLE 3 - Residential, Commercial and Industrial Development
1. Residential development means a use identified on a development permit, and any use
that is ancillary to the principal use listed on a development permit, listed in the following
City of Calgary Land Use Bylaw 1P2007 Schedule A Group of Uses, in place on the date of
passage of this bylaw:
a. Residential Group, with the exception of Hotel.
2. Industrial development means a use identified on a development permit, and any use that
is ancillary to the principal use listed on a development permit, that is one of the following:
a. a use listed in the following City of Calgary Land Use Bylaw 1P2007 Schedule A
Group of Uses, in place on the date of passage of this bylaw:
i. Direct Control Uses, with the exception of the following:
1. Adult Mini-theatre,
2. Emergency Shelter,
3. Gaming Establishment - Casino,
4. Jail;
ii. General Industrial Group,
iii. Industrial Support Group, with the exception of the following:
1. Artist's Studio,
2. Health Services Laboratory - Without Clients,
iv. Storage Group; or
b. one of the following specific uses:
i. Auction Market - Other Goods,
ii. Auction Market - Vehicles and Equipment,
iii. Bulk Fuel Sales Depot,
iv. Fleet Service,
v. Large Vehicle Service,
vi. Large Vehicle and Equipment Sales,
vii. Large Vehicle Wash,
viii. Recreational Vehicle Sales,
ix. Recreational Vehicle Service, or
x. Restored Building Products Sales Yard.
3. Commercial development means a use identified on a development permit, and any use
that is ancillary to the principal use listed on a development permit, that is neither
residential development nor industrial development.
BYLAW NUMBER 1H2024
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SCHEDULE "C"
Off-site Levies Background Report, IP2023-1264 Attachment 7 (76 pages)