County of Vermilion River, Alberta
· No. 12-04
· summary & facts
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THE COUNTY OF VERMILION RIVER IN THE PROVINCE OF ALBERTA
BYLAW 12-04
A BYLAW OF THE COUNTY OF VERMILION RIVER IN THE PROVINCE OF ALBERTA TO
PROVIDE FOR OFF-SITE LEVIES
The Municipal Government Act, R.SA 2000, Chapter M-26, as amended, grants a
municipality the authority to pass an Off-Site Levy Bylaw;
WHEREAS, Council deems it necessary to establish an Off-site Levy to pay for the capital
costs of new and expanded transportation and drainage facilities in the County of Vermilion
River as outlined on Schedule ' C' attached hereto;
AND WHEREAS, Council deems it necessary to require agreements to be entered into with
owners of lands that are to be subdivided or developed in respect of the payment of the Off-
Site Levy;
AND WHEREAS, Section 648 (1) of the Municipal Government Act, R.S.A. 2000, Chapter
M-26, as amended, authorizes a Council to pass a bylaw to provide for the imposition of an
Off-site Levy in respect of land that is to be subdivided or developed and to authorize
agreements to be entered into in respect of the payment of the Off-site Levy;
AND WHEREAS the County of Vermilion River has prepared an Off-site Levy plan outlining
the required new and expanded facilities;
AND WHEREAS, notice of intention to pass this Bylaw has been given in accordance with
the Act;
THEREFORE, the Council of the County of Vermilion River, in the Province of Alberta, duly
assembled, hereby enacts as follows:
PART I:
BYLAW TITLE
1. This bylaw may be cited as the "Off-Site Levy Bylaw".
PART II:
DEFINITIONS
2. For the purposes of this Bylaw the following words will have the meanings assigned:
a. Act means the Municipal Government Act, R.SA 2000, c. M-26, as
amended;
b. The County means the Municipal Corporation of the County of Vermilion
River;
c. Council means the Council of the County of Vermilion River; and
d. Projects means those off-site Transportation and Drainage infrastructure
projects listed in Schedule "C".
e.
Net Developable Area means those areas subject to an off-site levy.
PART III:
APPLICATION
3.
The lands for which the Off-site levy shall be payable are shown as
"Development Areas" on Schedule "A" attached hereto and forming part of this
Bylaw. The Off-Site Levies are hereby imposed by the County at subdivision
approval or at the time of issuance of development permit on all lands comprising
the Development Areas. Such Off-Site Levies shall be payable to the County
upon the endorsement of the subdivision approval or issuance of the
development permit.
4. The Off-site Levy payable in respect to the lands to be subdivided or developed
within the "Development Areas" shown on Schedule "A" hereof, shall be in
accordance with Schedule "B" attached hereto and forming part of this Bylaw.
The Off-site levies are payable in relation to those Projects listed in Schedule "C",
attached hereto and forming part of this Bylaw.
5. The Off-Site Levy will be assessed on all of the Development Areas on a per hectare
basis, excluding those portions of the Development Areas that are designated
pursuant to a subdivision as:
a. Environmental Reserve;
b. Municipal Reserve; or
c. Arterial Road Right of Way
6. The supporting technical information which identifies the impact of proposed
development within the County boundaries, estimates of the costs of the Projects
listed in Schedule "C" and identifies how the off-site levy is calculated is
contained in the County of Vermilion River Off-Site Levy Report, attached as
Schedule "D" and in Administrative Process Report, attached as Schedule "E".
7. 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 County and to defer or waive collection of Off-Site Levies imposed pursuant
to this Bylaw in accordance with County policy, to the Chief Administrative
Officer.
8. Council may from time to time adopt policies or guidelines for the assistance and
direction of the County Administration in determining which development and
subdivision applications shall require a development agreement, and when an
applicant or owner may be required to front end costs of a Project listed in
Schedule "C".
9. Where it is determined that a development agreement is appropriate for an
application for development or subdivision, the applicant or owner, as the case
may be, shall enter into a development agreement with the County and such
development agreement shall ensure:
a. that provision be made for the payment of the off-site levies as specified in
this Bylaw and reasonable interest on the cost of projects paid for in whole or
in part by the County prior to the date of approval of a development or
subdivision, or
b. that provision may be made for the deferring of payment of the off-site levies
to future time certain or uncertain; and
c. that no further off-site levies shall be required to be paid under development
agreements where off-site levies have been previously collected in full in
respect to all of the lands which are the subject of development or subdivision
application.
10. Except as otherwise provided herein, each development agreement entered into by
the County with respect to any development or subdivision application shall make
provision for payment of all off-site levies imposed by this Bylaw within the times
specified by the County policy or guideline, as amended from time to time.
11 . 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, R.S.A. 2000, c. M-26, as amended.
12. Nothing in this Bylaw precludes the County from:
PART IV:
a. Imposing further or different levies, duly enacted by Bylaw, on any portion of
the Development Areas in respect of which the County has not collected
levies;
b. Deferring collection of the Off-Site Levy for the stated objects of this Bylaw,
on any portion of the Development Areas in respect of which the County
collected levies, including requiring security for payment of such deferred
levies; or
c. Reducing or forgiving payment of the levies required pursuant to this Bylaw,
or otherwise providing for credits or offsets for other Projects or oversize
infrastructure constructed by a developer in calculating and/or collecting the
levies that become payable pursuant to this Bylaw.
SEVERABILITY
13. 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.
PART V:
REPORTING
14. On or before April 30 in each calendar year starting in 2013, the Chief Administrative
Officer shall submit to Council of the County, an annual report on the Off-site
Levies pursuant to this bylaw and such report shall identify:
a. Projects constructed during the previous calendar year;
b. Construction costs of Projects constructed in the previous calendar year;
c. Estimated construction costs for Projects yet to be constructed and an
explanation as to any adjustments to the estimates since the previous annual
report;
d. Amount collected in Off-site Levy Fees; and
e. Specifics of total value of Off-site Levy Fees being held by County and yet to
be expended on Projects, interest earned and commitments for future
expenditures of such monies.
PART VI:
ENACTMENT
15. This Bylaw shall come into force and effect when it receives Third Reading and is
duly signed.
First Reading Date:
\ ) \1\/ Y q , 2.012..
Second Reading Date: J u.L~ 2'-\ ,20' 2
Third Reading Date:
Ju..\.~ 2y, 2.0 1 Z
Date S i g ned: _-"-' ',-,' ...
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VERMIUON River
Schedule 'A' - Development Areas
Offsite Levy
Schedule 'A' . Development Areas
1 :40,000
Twp Rd
502
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Schedule 'B' - Rates
Transportation Off-Site
Stormwater Off-Site
Total Off-Site Infrastructure
Project Description
Infrastructure Charges per net
Infrastructure Charges per
Levy Charge per net
developable hectare
net developable hectare
developable hectare
Development in Northwest Basin
(Basin Ion "Stormwater Projects"
$19,747.00
$2,197.00
$21,944.00
Map on Schedule "C")
Development in Blackfoot Basin
(Basin 2 on "Stormwater Projects"
$19,747.00
$66.00
$19,814.00
Map on Schedule "C')
Development Outside Drainage
Basins (Shown with No colour
$19,747.00
$19,747.00
overlay on "Stormwater Projects"
Map on Schedule "C")
Project
#:
2
3
4
5
7
9
13
14
15
16
17
18
24
25
26
Schedule 'e' - Projects
Detailed information concerning projects can be found in the Offsite Levy Rates Final
Report by Corvus Business Advisors attached as Schedule '0' and outlined in applicable
County of Vermilion River Bylaws. Further information concerning A 1 and A2 standards can
be found below for information purposes.
Transportation Projects
Project Description
RR 14 Hwy 16 South 1.6 km -
Upgrade to A 1 standard (no
twinning/divided in levy)
RR14 from Hwy 16 to Twp 502
- Upgrade to A1 standard (no
twinning/divided in levy)
Twp 502 from RR14 to RR20-
Upgrade to A2 standard
RR 20 - 4 km North of Hwy 16.
Upgrade to A2 Standard.
RR 14 - .8 km North of Twp
502. Upgrade to A2 standard.
Twp 501 - 5.8km East of RR20
East. Construct to A2 standard.
Intersection Improvement @
Hwy 16 & RR 20 - Access
North Basin
Intersection Improvement @
Hwy 16 & RR 20 - Access
South Basin
Intersection Improvement @
Hwy 16 & RR 15 - Access
North Basin
Intersection Improvement @
Hwy 16 & RR 15 - Access
South Basin
Intersection Improvement @
Hwy 16 & RR 14 - Access
North Basin
Intersection Improvement @
Hwy 16 & RR 14 - Access
South Basin
Twp 495 2km East of RR15.
Construct to A2 standard.
Twp 495 Intersection
Improvement at RR14
Twp 501 Intersection
Improvement at RR14
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ydminster
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Offsite Levy
Transportation Facilities
-
Road Upgrade
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VERMIUON River
1:40,000
Road Categories
-
Road Construction
Al
Asphalt Concrete Pavement (ACP)
Earthwork 13.5 m
Base Course 300 mm
Paved sulface: 10.4 m @120mmthickness
Right of way 60 m
Grade line 1.0 m
A2
Asphalt Concrete Pavement (ACP)
Earthwork 11.0 m
Paved surface: 9.0 m @120mmthickness
Right of way 30 m
Base Course 300 mm
Grade line 1.0 m
Stormwater (Drainage) Projects:
Project #:
Project Description:
1
NorthWest Alignment
2
North Alianment
3
North Central
4
Central Alianment
5
South Aliqnment
6
Blackfoot Devonia Drainage Course
24
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1 - Northwest Drainage
Storm water Basins & Facilities
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2 - Blackfoot I Devonia
CJ Sub-Basins
1:40.000
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Schedu le 'E' - Administrative Process Report
Public Consultation
In consideration of an Off-Site Levy in the County of Vermilion River the County held public consultation
sessions concerning process, rates, requirements, policies etc. on the following days: September 10,
2009, February 8, 2010, August 23, 2011 and Ju ne 18, 2012.
Growth Pro jection
Growth projections are estimated based on current and anticipated development within the levy area.
Information concerning the expected growth can be found in the Offsite Levy Rates Final Report by
Corvus Business Advisors attached as Schedule '0'.
Cost Determination
Detailed information concerning Cost Determination can be found in the Offsite Levy Rates Final Report
by Corvus Business Advisors attached as Schedule '0'. Finalized project costs for Bylaw 12-04 are
determined through the following:
Engineering cost estimates for specific projects
Actual costs incurred for partially or fully completed projects
Detailed cost estimates from Bylaw 12-06 'Master Transportation Plan - 20 April 2012'
Detailed cost estimates from Bylaw 12-13 ' Stormwater Drainage Plan - Northwest Drainage
Basin - June 2012'
Allocation Summary
Transportation:
Improvements to infrastructure networks within the levy area are required due to future development.
Contri butions by the County of Verm ilion River are based on current development within the levy area.
Contributions will be provided from the County of Vermilion River for the following transportation
projects: 13, 14, 15, 16, 17, and 18. The percentage sha re by the County is as follows.
Allocation Determination:
Total Lands In levy Area
Total lands Developed
(Residential, Commercial,
Business & Industrial)
Total Lands Developed for Oil wells
(including lease road)
TOTAL LANDS DEVELOPED
PERCENTAGE DEVELOPED (County
Contribution Percentage)
with a valuation of 1/3
due to intermittent
87.75 hectares
use
TOTAL DEVELOPED (DIVIDED BY)
TOTAL LANDS IN LEVY AREA
2889.76 hectares
416.41
hectares
29.25
hectares
445.66
hectares
15.42%
Storm water:
Northwest Drainage Basin (Basin 1) project costs are allocated based on percent of developed lands in
contributing sub-basin areas as ident ified in Bylaw 12-13 in the County of Vermilion River. The
percentage sha re by the County for the selected projects is as follows:
Total Land In
Total Land Deve loped In
PERCENTAGE DEVELOPED
Contributi ng Sub- Basins
Contribut ing Sub-Basi ns
(County Contributi on Percentage)
Project #1
544.912
142.399
26.13%
Project #2
91. 10
2.32
2.55%
Project #3
336.56
33.73
10.02%
Project #4
167.90
66.24
39.45%
Project #5
283.29
45.35
16.01%
Blackfoot/Devonia Drainage Basin (Basin 2) project costs are allocated based on percent of developed
lands in wit hin the basin. The percentage share for Basin 2 costs by the County is as follows:
Total Land
Perce ntage Deve loped
Total Land in Basin
Deve loped in Basin
(County Contri but ion
(hectares)
(hectares)
Pe rce ntage )
Blackfoot/Devoni a
787.05
159.32
20.24%
{Basin 2)