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TOWN OF CARDSTON
IN THE PROVINCE OF ALBERTA
BYLAW 1675
OFF-SITE LEVY BYLAW
TOWN OF CARDSTON
BYLAW 1675
PAGE 1 OF 7
Table of Contents
PART I - TITLE, PURPOSE, DEFINITIONS AND INTERPRETATION ............. 2
TITLE ....................................................................................................................... 2
PURPOSE AND INTENT ............................................................................................ 2
DEFINITIONS ........................................................................................................... 2
RULES FOR INTERPRETATION ................................................................................ 3
PART II - GENERAL .................................................................................. 3
ADMINISTRATION AND ENFORCEMENT .................................................................. 3
IMPOSITION OF LEVY .............................................................................................. 3
OBJECTS OF LEVIES ............................................................................................... 4
SEVERABILITY ......................................................................................................... 5
EFFECTIVE DATE .................................................................................................... 5
SCHEDULE "A" ........................................................................................ 6
SCHEDULE "B" ........................................................................................ 7
TOWN OF CARDSTON
BYLAW 1675
PAGE 2 OF 7
TOWN OF CARDSTON
IN THE PROVINCE OF ALBERTA
BYLAW 1675
OFF-SITE LEVY BYLAW
A BYLAW OF THE TOWN OF CARDSTON IN THE PROVINCE OF ALBERTA TO ESTABLISH AN
OFF-SITE LEVY.
WHEREAS: the Municipal Government Act, RSA 2000, Chapter M-26, as amended, grants
a Municipality the authority to pass an Off-Site levy Bylaw;
WHEREAS: The Council of the Town of Cardston deems it necessary to establish an off-
site levy to pay for the capital costs of new and expanded facilities for the treatment, storage
and transmission of water and storm water, because of potential growth that may occur in the
Town of Cardston;
NOW THEREFORE, the Council of the Town of Cardston in the Province of Alberta
hereby enacts as follows:
PART I - TITLE, PURPOSE, DEFINITIONS AND
INTERPRETATION
TITLE
1) This bylaw shall be known as the "Off-site Levy Bylaw" of the
Town of Cardston.
PURPOSE AND
INTENT
2) This Bylaw is intended to be used to pay for all or any part of the
capital cost of any of the following:
(2.1) New or expanded facilities for the storage, transmission,
treatment or supplying of water;
(2.2) New or expanded facilities for the treatment, transmission,
or disposal of sanitary sewage;
(2.3) New of expanded facilities for the storage, transmission,
treatment, or disposal of storm water;
Where each is identified as an item intended to be funded by the off-
site levy and listed in Schedule A.
DEFINITIONS
3) In this bylaw:
(3.1) Act means the Municipal Government Act, RSA 2000,
Chapter M-26, as amended.
TOWN OF CARDSTON
BYLAW 1675
PAGE 3 OF 7
(3.2) Chief Administrative Officer means the person appointed
to the position of Chief Administrative Officer by the
Council of the Town of Cardston and includes any person
that the CAO may appoint as his/her designate for purposes
of carrying out his/her responsibilities under this Bylaw
and further includes any person that may be appointed to
act in the absence of the CAO.
(3.3) Council means the Municipal Council of the Town of
Cardston.
(3.4) Development has the same meaning as defined in the Act.
(3.5) Net Developable Area means the area of the lot or lots to
be developed or the area of the lot or lots to be created
excluding environmental and municipal reserves;
(3.6) Off-Site Levy means a levy imposed and created by this
Bylaw pursuant to the Act;
(3.7) Subdivision has the same meaning as defined in the Act;
(3.8) Town means the Town of Cardston, a Municipal
Corporation in the Province of Alberta, or the geographical
area contained within the boundaries of the Town of
Cardston, as the context may require.
RULES FOR
INTERPRETATION
4) The table of contents, marginal notes and headings in this bylaw
are for reference purposes only.
PART II - GENERAL
ADMINISTRATION
AND
ENFORCEMENT
5) Administration and Enforcement
(5.1) In the event that any of the off-site levy imposed by this
Bylaw is not paid at the time specified in the development
agreement, the Town's CAO is hereby authorized to
impose the unpaid sums of money on the lands that are the
subject of the development agreement, and thereafter
collect the same as unpaid taxes in accordance with the
provision of the Act.
IMPOSITION OF
LEVY
6) Imposition of Levy
(6.1) The off-site levy shall be paid on undeveloped and/or
TOWN OF CARDSTON
BYLAW 1675
PAGE 4 OF 7
redeveloped land within the limits of the Town that is to be
developed for residential, commercial, industrial or other
purposes. Council reserves the right to negotiate off-site
levy rates with respect to commercial and industrial lots if
special circumstances exist.
(6.2) All levies imposed under this bylaw shall be in addition to
the fee payable for subdivision approval, development
permits or building permits, and shall be paid to the Town
following approval of a plan of subdivision and prior to the
issuance of a development permit or building permit, as the
case may be.
(6.3) In the case of development approval, the full off-site levy
amount shall be paid at the time that the development
permit is issued.
OBJECTS OF
LEVIES
7) Object of the Levies
(7.1) The off-site levy payable shall be in accordance with
Schedule A, attached hereto and forming part of this Bylaw
and is summarized as follows:
7.1.1. For all Lands - $5,109.21 per acre
7.1.2. Levies calculated by the acre will be the gross
acreage minus environmental reserve and municipal
reserve.
7.1.3. When a large parcel that contains an existing
dwelling that was developed prior to the adoption
date of this bylaw is further subdivided, off-site
levies will not be calculated on the lot that the
original dwelling resides on.
7.1.4. Off-site levies may be deferred if the property has
potential to be subdivided but is not being
subdivided at this time, and a Development Permit
is requested to allow one dwelling to be constructed
on the property. The owner of the property will
enter into a Development Agreement with the Town
to pay the Off-site levy equivalent to 1(one)acre and
defer the rest of the Off-site levies until the time
that the property is subdivided further and a
Development Permit is requested.
(7.2) The owner of lands to be subdivided or developed shall, as
a condition of subdivision or development approval, enter
into a development agreement to pay the Town the off-site
levy authorized to be imposed under this Bylaw or
TOWN OF CARDSTON
BYLAW 1675
PAGE 5 OF 7
Received First Reading this 12th day of February, 2019
Received Second Reading this 26th day of February, 2019
Received Third & Final Reading this 26th day of February, 2019
Signed by the Mayor and the Chief Administrative Officer this 26th day of February, 2019
TOWN OF CARDSTON
MAYOR - Maggie Kronen
CHIEF ADMINISTRATIVE OFFICER - Jeff Shaw
otherwise make payment to the Town at the time of
approval.
(7.3) Where it is determined that a development agreement is
appropriate, the development agreement shall ensure that:
7.3.1. Provision be made for the payment of the off-site
levy as specified in this Bylaw; or
7.3.2.
Indicate that no further off-site levy shall be
required in a case where the off-site levy has
previously been collected in full in respect to all
the lands which are the subject of the development
or subdivision application.
(7.4) All funds collected pursuant to this Bylaw herein, and any
interest earned from the investment of the funds shall be
accounted for in a special fund and expended only in
relation to the purpose(s) for which it is collected.
(7.5) This Bylaw and all fees associated with it shall be reviewed
every 4 years.
SEVERABILITY
8) If at any time any provision of this Bylaw is declared or held to
be illegal, invalid or ultra vires, in whole or in part, then that
provision shall not apply and the remainder of this Bylaw shall
continue in full force and effect and shall be construed as if it
had been enacted without the illegal, invalid or ultra vires
provision.
EFFECTIVE DATE
9) This Bylaw shall come into force and take effect on the date of
final passing.
TOWN OF CARDSTON
BYLAW 1675
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SCHEDULE "A"
Project
Historical Cost
Planned Costs
%Benefit Allocated
Levy Total
Storm Water
West Area Storm Water pond
510,000
86%
438,600
Reunion Center Storm Water Pond
510,000
95%
484,500
East Area Storm Water Pond
360,000
88%
316,800
Sewer
Lee Creek Sewer Main Trunk Twining
1,624,877
52%
844,936
Sanitary Lift Station Improvement's
846,000
45%
380,700
NE Sewer Lift Station
962,000
77%
740,740
Water
7th Avenue Booster Station Upgrades
675,000
45%
303,750
========
Total Costs
3,510,026
Total Undeveloped Acres were
determined by the map attached as
Schedule B
Total Undeveloped Acres
687
========
Total cost per acre
5,109.21
TOWN OF CARDSTON
BYLAW 1675
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SCHEDULE "B"