Bylaw No. 2702 Offsite Levies Bylaw for new or expanded roads (consolidated, amended by 2844, 3086, 3121)
County of Grande Prairie No. 1, Alberta
· No. 2702
· summary & facts
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BY-LAW NO. 2702
OF THE
COUNTY OF GRANDE PRAIRIE NO. 1
Bylaw 2702 Amended by Bylaw 2844
April 14, 2008 Motion# 04-589-08
Schedule "B'' Amended December 16, 2013
#CM20131316.1048
Bylaw 2702 Amended by Bylaw 3086
March 26, 2018 #CM20180326.1008
Bylaw 2702 Amended by Bylaw 3121
July 15, 2019 #CM20190715.011
A By-law of the County of Grande Prairie, in the Province of
Alberta to impose and collect off-site levies for new or expanded
roads required for or impacted by a subdivision or development.
WHEREAS new development and redevelopment of residential and non
residential sites is occurring within the County;
AND WHEREAS the County will be required to develop, upgrade or expand
its road network to accommodate the growth that is occurring and the growth
that is projected in the County;
AND WHEREAS development contributes to the necessity of said
developing, upgrading or expansion of roads, therefore it is deemed just and
reasonable that development should bear a share of those costs.
NOW THEREFORE, pursuant to the Municipal Government Act, Chapter M
26, Revised Statutes of Alberta 2000, and amendments thereto, the Council
of the County of Grande Prairie No. 1 duly assembled, enacts as follows:
1.
This By-law may be cited as the "Offsite Levies By-law for new or
expanded roads".
2.
In this By-law:
(a)
"Area" means the area of land, in acres, being developed or
subdivided, less environmental reserve or municipal reserve.
(b)
"Communication Facility" means the facilities where microwave
telecommunication buildings are located through which internet
access is made available to County residents.
(c)
"Construction Costs" means the costs incurred or as estimated
and adjusted annually by the Engineer, to complete the
construction, upgrading or expansion of all roads identified as
County Roads and all necessary improvements forming part of
the County Roads, including lighting, landscaping and signals.
Construction Costs shall include design, engineering, land
costs, surveying and carrying costs. Estimated costs will be
supported by technical data and analysis. Actual construction
costs will be verified by the Engineer.
(d)
"Council" means the Councillors of the County of Grande
Prairie No. 1 acting in its capacity at duly assembled meetings
pursuant to the Municipal Government Act, Revised Statutes of
Alberta 2000, and amendments thereto.
(e)
"County" means the Municipal Corporation of the County of
Grande Prairie No. 1, in the Province of Alberta, and where the
context so requires means the land included in the boundaries
of the County.
(f)
ucounty Roads" means collectively the County Roads identified
in Schedules "A 1 "; "A2"; "A3".
(g)
"Development" means activities as defined as development in
the Municipal Government Act, Revised Statutes of Alberta
2000, and amendments thereto.
(h)
"Development lands" means those lands contained within
Schedules "A 1 "; "A2"; "A3" which are proposed for multi-parcel
BYLAW 2702 - Offsite Levies For Roads
Page 2
residential,
commercial,
confined
feeding
operations
or
industrial development and are located within one of "ZONE 1;
ZONE 2, ZONE 3".
(I)
"Engineer" means the County Administrator or his designate.
(j)
"Gross Developable Acres' means the Area.
.
(k)
Offsite levy means the amount calculated in accordance with
Schedule C, to be paid to the County of Grande Prairie No. 1,
as the Owner's contribution to the costs of construction and
upgrading of County Roads required for or impacted by the
Owner's
development
or
subdivision,
for
development,
upgrades or expansion
to the
road
network
pursuant to
Schedules "Al"; "A2"; "A3" contained herein.
(I)
"Owner" means the registered owner or person entitled to
become the registered owner of undeveloped land, which land
is subject to an application for a development permit or an
application for subdivision.
(m)
"Net Construction Costs" means the sum of the Estimated
Construction Costs for County Roads not yet constructed,
upgraded or expanded and the actual construction costs for
County Roads constructed, upgraded or expanded in each of
Zone 1, Zone 2, and Zone 3
, less, for each zone, the total
money paid to the County in Offsite levy for that zone which
remains on deposit with the County and not yet committed to
be spent by the County to pay for Construction Costs.
(n)
"Subdivision" means an approval to subdivide land approved by
the Subdivision Authority, the Subdivision and Development
Appeal Board or the Court of Appeal of Alberta.
3.
This bylaw applies to those lands identified as being residential,
commercial, industrial or confined feeding operation on Schedules Al;
A2 and A3.
4.
The offsite levy is determined and shall be calculated in accordance
with Schedule B.
5.
Where an application is made to the County for a development permit
or subdivision approval in respect of any portion of the Development
lands, the Applicant or the Owner, as the case may be, shall enter into
a development agreement with the County.
6.
Notwithstanding paragraph 5 of this bylaw, no offsite levy is payable
and
a development agreement
is
not
required
in the following
circumstances,
unless otherwise specifically directed
by Council
pursuant to this bylaw:
a)
where offsite levies for new or expanded roads have previously
been collected in full respect to all of the lands which are the
subject of the development permit or subdivision approval
application;
b)
where the application for development is in respect to the
construction of one single family or duplex dwelling unit;
c)
where the application for development or subdivision is in
respect to lands contained within hamlets excluding the hamlet
of Clairmont;
BYLA W2702 - Offsite Levies For Roads
Page 3
d)
where the application is for a farmstead separation or for the
first and or second parcel out of a quarter of land;
e)
where the application is for an agriculture operation as defined
in the County of Grande Prairie No. I Land Use Bylaw;
f)
where the application is for a public or institutional use;
g)
where the application is for a boundary adjustment;
h)
where the application is for a communication facility.
7.
Where Council is of the opinion that a development agreement is
appropriate
for
any
application
for
a
development
permit
or
subdivision approval made regarding any of the situations set out in
paragraph 6, Council may direct that a development agreement be
entered into and that provision be made for the payment of the offsite
levy as specified in this Bylaw or that provision be made for the
deferring of the payment of the off site levies for new or expanded
roads to a future time certain or uncertain, provided that no further off-
site levies shall be required to be paid under development agreements
pursuant to this or any other bylaw.
8.
Council may from time to time adopt policies or guidelines for the
assistance and direction of the County Administration in determining
which development permit and subdivision applications are to be
referred to Council pursuant to paragraph 7 of this Bylaw.
9.
Except as otherwise provided herein, each development agreement
entered into by the County in respect of any of the Development
Lands shall make provision for the payment of off site levies for new
or expanded roads imposed by this bylaw at the times specified in the
applicable schedules of this bylaw.
10.
Nothing in this bylaw precludes the County from imposing further or
different off-site levies, duly enacted by bylaw, on any portion of the
Development lands in respect of which the County has not collected
the offsite levy or other off-site levies imposed under this bylaw or any
off-site levy bylaw authorized by statute.
11.Where prior to 2006 a development agreement which makes provision
for the payment of off site levies for new or expanded roads has been
entered into between the County and an owner of a portion of
development lands, the provisions of the offsite levy so imposed shall
continue in force as if this bylaw or any intervening off-site levy bylaw
had not been enacted.
12.
The offsite levy provided for in this bylaw shall be levied and become
payable in accordance with Schedule C.
13.
Council shall be at liberty from time to time by resolution to exempt or
defer or to partially exempt or defer the collection of the offsite levy in
the case of the development of lands owned in whole or in part by a
public service body or bodies where the development of the lands will
be used in whole or in part for public service purposes.
14.
Where lands have been approved for subdivision prior to the passage
of this bylaw and no Offsite levy or similar
has been collected for
those lands, the Offsite levy may be collected at the time specified in
the development permit issued for the lands.
15.
Should any provision of this Bylaw be found to be contrary to law by
any Court of competent jurisdiction and thereby become invalid, void,
BYLA W2702- Offsite Levies For Roads
Page 4
illegal or otherwise not enforceable, it shall be considered separate
and severable from the Bylaw and the remainder shall remain in force
and be binding as though such provision had not been included.
16.
This bylaw shall take effect as and from the third and final reading.
READ A FIRST, SECOND AND BY UNANIMOUS CONSENT, A THIRD
[AND FINAL TIME AND FINALLY PASSED THIS
DAY OF
,A.D2OO7
c7-,
_
_
_
_
REEVE
COUNTY ADMINISTFATOR
.
.
.
Schedule B" approved December 16, 2013
Bylaw2702
#CM20131216.1048
Page 5
SCHEDULE "B" (CONTINUED)
The offsite levy proposed is based upon the estimated costs for the total estimated road
improvement costs, per Zone as follows:
Zone I - Clairmont Centred Area Identified costs
Potential Signalized Intersections (15 @ $260,000)
$3,900,000.00
Two Flyovers at Highway #43 (@$10,388,000.00 /flyover)
$20,776,000.00
Intersection Improvements: Bauman Rd. © Highway 2
$780,000.00
Arterial Road construction* (10.9 miles of 4 lanes)
$36,486,162.00
Collector Road Construction* (37.25 miles of 2 lanes)
$61,984,000.00
Intersection Improvements: RR 63 @ Highway 43
$592,000.00
Intersection Improvements: RR 55 c
Highway 43
$744,000.00
Intersection Improvements: TWP 724 @ Highway 2
$758,000.00
Intersection Improvements: TWP 730 @ Highway 2
$2,500,000.00
* Costs based on $1040.00 /iinear metre for two lane rural cross section
($1,664,000/mile)
TOTAL IMPROVEMENT COSTS
$128,520,162.00
ENGINEERING (10%)
$12,852,016.20
TOTAL COSTS
$141,372,178.20
The Zone 1 offsite levy boundary is congruent with the 50 year growth boundary for the Hamlet
of Clairmont. The Clairmont Urban Area is intended to be a focal point for major subdivision and
development activity in the County and is designed to accommodate much of the County's
overall demand for growth. As a result, the infrastructure needs in this area are significant. The
gross area identified within the 50 year boundary is 23,969.46 acres. The offsite levy for roads
has been collected on approximately 1259.58 acres (as of 2011) within this zone thus far,
leaving a balance of 22,709.88 acres within Zone 1. Total identified costs including engineering
in this area are $141,372,178.20.
The County contribution through divisional funding, grants
and other contributions will equate to approximately 30%.
The total cost to development then
becomes: $98,960,524.74 within the 50 year time frame.
A 30 year growth area is identified within Zone
1 for which a majority of the projected road
improvements are located.
As such the levy calculation is based on the need to acquire
significant funds within a shorter timeframe than the 50 year ultimate horizon and to cover the
improvements required within the shorter planning time frame.
The projected 30 year growth
area costs include a total of 10.9 miles of four lane arterial road.
Of this, 7 miles have been
completed to a two lane standard and would still require an additional two lanes upgrading to a
full four lane standard.
This leaves 3.9 miles of full four lane road to be completed.
Between
the partially finished and unconstructed arterial road, this equates to approximately 14.8 miles of
two lane road still required to be constructed to complete the arterial road network within the 30
year growth area. The estimated cost based on $1 664,000/mile is: $24,627,200.00.
13.75 miles of two lane collector road are identified within the 30 year growth area; 3.5 miles
have been completed leaving a total of 10.25 miles still requiring construction in this area. The
estimated cost based on $1,664,000/mile is: $17,056,000.00.
Additional costs include 2 flyovers and multiple intersection improvements including additional
lane configurations and signalization. The estimated costs are $10,388,000 per flyover and a
total of $5,374,000.00 in intersection improvements. The affected area for the 30 year period is
6700 acres.
The total
improvement cost
identified
within the
30 year growth
area
is
approximately $67,833,200.00.
Engineering costs would be approximately $6,783,320.00 in
addition.
The total cost to new development is then $74,616,520.00.
The levy in this zone
should be approximately $11,136.79 I acre or $27,518.64 / ha. The proposed levy within this
zone is $11,000.00 / acre.
Schedule B' approved December 16. 2013
Bylaw 2702
#CM201312161048
Page 6
SCHEDULE "B" (CONTINUED)
ZONE 2
City of Grande Prairie Centred Area Identified Costs
Paved Collector Roads
- 40 miles 2 lane © $1 ,664,000/ mile
$66,560,000.00
Arterial Roads
- 18.4 miles 4 lane @ $3,328,000/mile
$61,235,200.00
Traffic Signals (2 @ $260,000)
$520,000.00
Intersection Improvements: TWP71O @ Highway 40
$77,000.00
Intersection Improvements: TWP 710 @ RR6O
$77,000.00
Intersection Improvements: Resources Rd / Wedgewood Access
$2,000,000.00
TOTAL IMPROVEMENT COSTS
$131,487,200.00
ENGINEERING (10%)
$13,148,720.00
TOTAL COSTS
$144,635,920.00
The projected improvements required over the 30 year horizon include a total of 40
miles of two lane collector roads of which 9.5 miles have been completed leaving a total
of 30.5 miles of road still requiring construction/upgrading.
The estimated cost of the
remaining
road
improvements
based
on
$1 ,664,000/mile
is:
$50,752,000.00.
Engineering costs would be an additional $5,075,200.00.
18.4 miles of four lane arterial road has been identified within the 30 year time horizon.
Of this, 8.5 miles have been completed to a two lane standard leaving 9.9 miles of full
four lane arterial road still requiring construction. Balancing both the partially completed
and undeveloped arterial road network leaves an equivalent of 28.3 miles of two lane
road to be constructed. The estimated cost based on $1 ,664,000/mile for two lane road
is $47,091,200.00.
Engineering costs would be an additional $4,709,120.00. Additional
costs
include
traffic
signals
and
multiple
intersectional
improvements
totaling
$2,674,000.00, engineering costs for this work would be an additional $267,400.00.
The total area within the zone is 18,595.75 acres. The offsite levy for roads has been
collected on 367.15 acres (as of 2011) within Zone 2. If previously collected lands, non -
developable and existing developed are deleted from the total, the total area in the zone
is decreased to 12,790.79 acres. The cost to new development in the 30 year horizon
is $110,568,920.00.
The potential
levy within this zone
is $8,644.42 I acre or
$21,360.07 I ha. The proposed levy within this zone is $8,600.00 I acre.
Schedule B approved December 16. 2013
ByIaw27O2
#CM20131216.1048
Page 7
SCHEDULE "B" (CONTINUED)
ZONE 3
Grande Prairie Rural Area Identified Costs
Paved Roads
- 127.9 miles @ $1,664,000/mile
$212,825,600.00
Traffic Signal (1 @ $260,000)
$260,000.00
Intersection Improvements: TWP732 @ Highway 2
$330,000.00
TOTAL COSTS
$213,415,600.00
The projected improvements required over the 30 year horizon include 127.9 miles of
two lane collector road.
To date, 38 miles have been constructed/upgraded which
leaves a balance of 89.9 miles of two lane road. The estimated cost of the remaining
road improvements based on $1,664,000! mite is $149,593,600.00. Engineering costs
would be an additional $14,959,360.00.
Of the constructed roads, approximately 11.5
miles
still
require
final
stage
pavement
totaling
an
amount
of
approximately
$6,454,400.00.
Engineering costs would amount to $645,440.00.
Additional costs
include traffic signals and intersection improvements totaling $590,000.00. Engineering
costs for these improvements would total $59,000.00.
The total cost to development
then becomes: $172,301,80000. The levy will be directed to the paving and regrades
of roads within Zone 3. The boundaries of Zone 3 are described in Schedule "A3". The
levy in this zone is calculated on the basis of a requirement to generate significant funds
in
a short period of time that will be directed towards the upgradings required.
Improvements identified are likely to be required in the short to medium term (1-20
years).
Where a developer is required to provide a collector road as part of the
subdivision, the final cost of the road may be deducted from the amount of levy required
for the subdivision area. The total area with in the zone is 93,791 .08 acres. The offsite
levy for roads has been collected on 1658.62 acres within this zone thus far leaving a
balance of 92,132.46 acres. The potential levy within this zone would be approximately
$1,870.15! acre or $4,621.08 / ha. The proposed levy within this zone is $1,800.00!
acre.
Schedule
B approved December 16, 2013
ByIaw2702
#CM20131216.1048
Page8
The Offsite levy shall be calculated annually by the Engineer on or before April 1 of
each year.
The Offsite levy amounts so calculated by the Engineer shall be effective as of
November 1 of the year of the calculation and remain in effect until October 31 of the
next year.
Notwithstanding the foregoing, for the period up to and including October31, 2014:
(a)
Zone I
Offsite levy shall be $11,000.00 per acre;
(b)
Zone 2
Offsite levy shall be $8,600.00 per acre;
(c)
Zone 3
Offsite levy shall be $1 800.00 per acre;
Levies shall be applied as follows:
(a)
Zone 1
A levy of $11,000.00 per acre shall be payable on the basis of the gross developable
acres included in a plan of subdivision within Zone 1.
(b)
Zone 2
A levy of $8,600.00 per acre shall be payable on the basis of the gross developable
acres included a plan of subdivision within Zone 2.
(c)
Zone 3
A levy of $1 ,800.00 per acre shall be payable on the basis of the gross developable
acres included a plan of subdivision within Zone 3.
Schedule 'B' approved December 16,2013
Bylaw 2702
#CM201312161048
Page 9
SCHEDULE "B" (CONTINUED)
The Offsite Levy Proposed is based upon estimated costs for the total estimated road
improvement costs per zone as follows
Zone 1
=
Net Construction Costs for the Zone
1 County
Roads
Area of the Zone 1 Lands yet to be Developed or
Subdivided (in acres)
(b)
Zone 2
=
Jet Construction Costs for the Zone 2 County
Roads
Area of the Zone 2 Lands yet to be Developed or
Subdivided (in acres)
(c)
Zone 3
=
Net Construction Costs for the Zone 3 County
Roads
Area of the Zone 3 Lands yet to be Developed or
Subdivided (in acres)
The Offsite levy shall be calculated annually by the Engineer on or before April 30 of
each year.
The Offsite levy amounts so calculated by the Engineer shall be effective as of
November 1 of the year of the calculation and remain in effect until April 30 of the next
year.
Notwithstanding the foregoing, for the period up to and including October31, 2014:
(a)
Zone 1
Offsite levy shall be $11,000.00 per acre;
(b)
Zone 2
Offsite levy shall be $8,600.00 per acre;
(C)
Zone 3
Offsite levy shall be $1,800.00 per acre;
BYLAW2702 - Offsite Levies For Roads
Page 9
SCHEDULE "C"
1.
The Offsite levy to be paid by the Owner shall be calculated in
accordance with the following formulas:
a)
For Development Permits:
Offsite levy to
= Area of land of the
X
Offsite levy in effect for the respective Zone
be paid by
Subdivision approval
in which the land subject to the Subdivision
Owner
within which the lots
approval is located as of the date that the
are located
County approves an
agreement for the
construction of municipal improvements to
service the lands being subdivided or the
date of endorsement of consent to register
the subdivision plan, which ever first occurs
b)
For Subdivisions:
Area of land
X
Offsite levy
=
Area of land of the
X
Offsite levy in effect for the respective
to be paid by
Subdivision
Zone in which the land subject to the
Owner
approval within
Subdivision approval is located as of the
.
which the lots are
date that the County approves an
located
agreement for the construction of
municipal improvements to service the
lands being subdivided or the date of
endorsement of consent to register the
subdivision plan, which ever first occurs
2.
The Offsite levy
shall be paid by the Owner of the land being
developed or subdivided at the time specified in the development
permit approving the development or prior to the County's approval of
an agreement between the County and the Owner of the land related
to the construction of municipal improvements to service the lands
being developed or subdivided, or endorsement of the County's
consent to register the subdivision plan, which ever first occurs.
Payment from Roadway Off-Site Levy Funds
¯
3.
If the County constructs all or any portion of a County Road the
County shall be paid from the appropriate Offsite Levy Fund an
amount equal to the Construction Costs incurred by the County. The
County shall become eligible for repayment of their Construction
Costs for the County Road as of the date of the completion of the
construction of the County Road as evidenced by the issuance of a
Construction Completion Certificate or its equivalent. Payment to the
County shall be made within thirty (30) days of the issuance of the
Construction Completion Certificate or its equivalent.
If a developer
constructs or upgrades all or a portion of a County Road, other than a
County Road required to give access to the Developer's subdivision
or development, which the Developer is required to construct or
upgrade as a condition of a development approval or subdivision
approval, the developer is eligible for repayment from the appropriate
Offsite levy Fund in the same manner as is the County.
¯
4.
If the balance in the appropriate Roadway Off-Site Levy Fund is
insufficient to cover all of the County's or developer's applicable
Construction Costs, the County or the developer shall be paid any
insufficiency in payment from the appropriate Levy Fund as soon as
additional Roadway Off-Site Levies are paid to the Roadway Off-Site
Levy Fund. Such payments shall continue until all of the County's or
BYL4 W2702- Offsite Levies For Roads
Page 10
developer's Construction Costs have been refunded to the County or
the developer.
5.
If two or more entities are entitled to reimbursement of Construction
Costs from a Roadway Off-Site Levy Fund, the entity, be it the County
or a developer, who became eligible for repayment of Construction
Costs as of the earliest date and paid in full prior to any monies from
the Roadway Off-Site Levy Fund being paid to others who are entitled
.
to be repaid for Construction Costs incurred in constructing Zone
Roadways.
Annual Report on Off-Site Roadway Levies
6.
On or before April
1 of each calendar year starting in 2007, the
Engineer shall prepare and submit to County Council an annual report
on the Offsite levy. The annual report shall identify:
(a)
County Roads constructed during the previous calendar year;
(b)
Construction Costs of such County Roads;
(c)
Amounts paid by the County as Construction Costs for the
County Roads and details as to whom the payments have been
made;
(d)
Estimated Construction Costs for the County Roads yet to be
constructed and an explanation as to any adjustments to the
estimates since the previous annual report;
(e)
Details as to the amounts collected ink Offsite levy
by the
County from Owners in the previous calendar year, and
(f)
Specifics as to the total value of the Offsite levy being held by
the County which are yet to be expended on the construction of
the County Roadways, including specifics as to the amount of
interest earned on such Offsite levy Funds and information
regarding any commitments
made for the expenditure of
monies in the Offsite levy Funds that have not yet been
expended.
.
SCHEDULE "A-i"
BYLAW 2702
COUNTY
OF
GRANDE
PRAIRIE
No.1
MAP 2
TRANSPORTATION LEVY ZONES
LEGEND
%
I
I
ARTERIAL ROAD (4 LANES)
(0.9 MILES
_
_
_
_
_
_
COLLECTORROAO(ZLANES)
34.4 MILES
0
TRAFFiC SIGNALS
INTERSECTiON IMPROVEMENT
OVERPASS
i
LONG TERM HIGHWAY 43
BYPASS ROUTE
I
LEVY BOUNDARY
NUMBER OF ACRES IN ZONE
ZONE
1
22,623.27 Ac
20 YEAR BOUNDARY
HAMLET OF CLAIRMONT BOUNDARY
CITY OF GRANGE PRAIRIE BOUNDARY
HIGHWAY
SECONDARY HIGHWAY
SC4LE
N.r.S.
-.-.
COUNTY ROAD
flEE 6
flEE)
LI
SCHEDULE "A-2"
BYLAW 2702
RG. 7
I.-
P.
S
RG.6
' 4
COUNTY
OF
GRANDE
PRAIRLE
No.1
MAP 3
TRANSPORTATION LEVY ZONES
LEGEND
FUTURE PAVED ROADS
40.0 MILES
HAMLET OF CLAIRMONT DOUNDARY
EXISTING PAVED ROADS
1.7 MILES
CITY OF GRANDS PRAIPIE BOUNDARY
i
ARTERIAL ROAD 1
4 LANES)
18.4 MILE5
¯3¯-
HIGHWAY
I
j
LEVY BOUNDARY
SECONDARY HIGHWAY
COUNTY ROAD
SCA
N T5
NUMBER OF ACRES IN ZONE
ZONE 2
20.44533 AC.
E..
EE
SCHEDULE "A-3"
BYLAW 2702
'.4
I-
B.
1-
I-.
a-
I-
S
0
B.
I-
4
COUNTY
OF
GRANOE
PRAIRIE
NO.1
MAP 4
TRANSPORTATION LEVY ZONES
LEG END
¯
FUTURE PAVED ROADS
127.9 MILES
HAMLET OF CLAIRMONT BOUNDARY
i
EXISTING PAVED ROADS
7.0 MILES
CITY OF GRANDE PRAIRIE BOUNDARY
-
J
LEVY BOUNDARY
HIGHWAY
SECONDARY HIGHWAY
NUMBER OF ACRES IN ZONE
ZONE 3
97.R97.03 Ac.
COUNTY ROAD
SCALE: P4.7.5.
J]IJ
LJ
RG.8
RG.7
P5.6