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BYLAW NUMBER 38M2009
BEING A BYLAW OF THE CITY OF CALGARY TO AUTHORIZE
OFF-SITE LEVIES FOR WATER AND SANITARY SEWER MAINS
WITHIN THE CENTRE CITY AREA PURSUANT TO SECTION 648
OF THE MUNICIPAL GOVERNMENT ACT
*********************************
WHEREAS pursuant to s.648 of the Municipal Government Act, RS.A. 2000, c.M
26, as amended, Council may provide for the imposition and payment of an off-site levy in
respect of land that is to be developed or subdivided and to authorize agreements to be
entered into in respect of the payment of the levy;
AND WHEREAS pursuant to s648 of the Municipal Government Act an off-site
levy may be used to pay for all or part of the capital cost of new or expanded facilities or
land required for or in connection with any new or expanded facilities for:
(a)
the storage, transmission, treatment or supplying of water;
(b)
the treatment, movement or disposal of sanitary sewage;
(c)
storm sewer drainage; or
(d)
roads required for or impacted by a subdivision or development;
AND WHEREAS The City of Calgary requires funding for the costs associated with
new or expanded water and sanitary sewer facilities required for or impacted by a
subdivision or development within the Centre City area;
AND WHEREAS The City of Calgary has applied the principles and criteria set out
in the Principles and Criteria for Off-site Levies Regulation, AR 48/2004, as amended;
AND WHEREAS Council has provided notice of this Bylaw pursuant to the
provisions of section 606 of the Municipal Government Act;
NOW, THEREFORE THE COUNCIL OF THE CITY OF CALGARY ENACTS
AS FOLLOWS:
1.
This Bylaw may be cited as the "Centre City Levy Bylaw
DEFINITIONS AND INTERPRETATION
2.
(1)
(a)
"Centre City Area" means the area identified in Schedule "A";
(b)
"City" means the municipal corporation of The City of Calgary;
(c)
"Manager,
Urban
Development"
means
the
City
employee
appointed to the position of Manager, Urban Development, or the
individual authorized to act in that person's place;
BYLAW NUMBER 38M2009
(d)
"Utility Levy" means an off-site levy created and imposed under this
bylaw to pay for all or part of the capital costs of the construction,
upgrading and replacement of water and sanitary sewer mains
required for or impacted by a proposed subdivision or development
in the Centre City Area;
(2)
Each provision of this Bylaw is independent of all other provisions and if any
provision
is declared
invalid for any reason
by a Court of competent
jurisdiction all other provisions of this Bylaw remain valid and enforceable.
(3)
Any headings
in
this
Bylaw are
included
for guidance purposes
and
convenience only and shall not form part of this Bylaw.
(4)
Any reference to another Act,
Bylaw, regulation or agency includes a
reference to the Act, Bylaw, regulation or agency as amended from time to
time and a reference to any Act, bylaw, regulation or agency that may be
substituted therefor.
(5)
All the schedules attached to this Bylaw shall form a part of this Bylaw.
OBJECT OF THE LEVY
3.
The object of the Utility Levy is to pay for all or part of the capital costs of the
construction, upgrading and replacement of water and sanitary sewer mains
required for or impacted by a proposed subdivision or development in the Centre
City Area.
CALCULATION OF THE LEVY
4.
The Utility Levy rate is determined by dividing the cost of constructing water and
sanitary sewer mains which are attributable to development in the Centre City
Area, by the metres of developable frontage in the Centre City Area.
LEVY
(1)
A Utility Levy in the amount of TWO THOUSAND AND SEVENTY THREE
DOLLARS ($2,073.00) per metre of site frontage is hereby imposed on all
land within the Centre City Area that is to be subdivided or developed for
which a Utility Levy has not previously been paid.
(2)
Notwithstanding subsection (1), a levy shall not be imposed on land where
the application is for the development of a single detached dwelling or
where the building floor area of the proposed development does not exceed
the building floor area of the existing structure.
(3)
The amount of the levy pursuant to subsection (1) shall be determined on:
(a)
with respect to a subdivision, the date of subdivision approval; or
Page 2 of 5
BYLAW NUMBER 38M2009
(b)
with respect to a development, the date a development permit is
approved.
PAYMENT OF LEVY
6.
(1)
A levy that has been imposed on a subdivision pursuant to this bylaw shall
be paid on or before the date of subdivision approval, unless otherwise
specified in writing by the Manager, Urban Development.
(2)
A levy that has been imposed on a development by the issuance of a
development permit shall be paid on or before the date of release of the
development permit.
(3)
Interest on any outstanding levy shall be calculated from the time of the
payment at the rate of one and one half (1.5%) percent per month (18% per
annum) or as otherwise provided by Bylaw 104/75, as amended from time
to time.
AGREEMENTS
7.
The City may enter into agreements with respect to the payment of a levy pursuant
to this Bylaw.
REVIEW OF LEVY RATES
8.
(1)
The amount of the levy rates will be automatically adjusted every year on
January 1 by ZERO PERCENT (0%).
(2)
Notwithstanding subsection (1), The City may review the levy rates annually
and once a review has been completed the Bylaw may be amended to
update the levy rates.
TRANSITION
9.
This
Bylaw applies
to
all
subdivision
or development where
the
date
for
determining a levy rate pursuant to Section 5(3) occurs on or after January 1,
2009.
10.
The provisions of Bylaws 9M2007 and 28M2008 shall continue to apply to all
subdivision
or development where the date
of the execution
of a
Master
Development Agreement or development permit occurs before January 1, 2009.
OTHER LEVIES
11.
Nothing in this Bylaw prevents The City from imposing or collecting further off-site
levies or different levies on any land subject to this Bylaw.
Page 3 of 5
BYLAW NUMBER 38M2009
ENACTMENT
12.
This Bylaw comes into force on the day it is passed.
READ A FIRST TIME THIS l DAY OF JUNE, 2009.
READ A SECOND TIME THIS l DAY OF JUNE, 2009.
READ A THIRD TIME THIS 1
ST DAY OF JUNE, 2009.
/
DEPUT
MAYOR
/
SIGN ED THIS 22
ND DAY OF JUNE, 2009.
ACTING CITY CLE' I
SIGNED THIS 22 bA'VOF JUNE, 2009.
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BYLAW NUMBER 38M2009
SCHEDULE "A"
CENTRE CITY AREA
The Centre City Area is the portion of the map below identified as "Centre City Plan Area"
and described as follows:
Centre City Area means the area bounded on the north by the Bow River:
on the east by the Elbow River to its intersection with 1st Street South
East then north to 17th Avenue South; on the south by 17th Avenue
South; and on the west by 14th Street South West.
Page 5 of 5