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BYLAW 2022-11
TOWN OF BLACK DIAMOND
A BYLAW OF THE TOWN OF BLACK DIAMOND, IN THE PROVINCE OF ALBERTA,
FOR THE PURPOSE OF ESTABLISHING OFF-STE LEVIES
WHEREAS the Municipal Government Act provides that a council of a
municipality may by bylaw provide for the imposition and collection of
an off-site levy in respect of land that is to be developed or
subdivided and authorize an agreement to be entered into in respect
; of the payment of such levy; and
WHEREAS the Council of the Town of Black Diamond deems it desirable to
impose off-site levies for the purposes described in the Municipal
Government Act; and
WHEREAS the Council of the Town of Black Diamond deems it desirable to
authorize agreements to be entered into in respect of the payment of
off-site levies; and
WHEREAS the Town of Black Diamond engaged the firm Urban Systems Ltd. to
prepare a report in respect of the fair and equitable calculation of off-
site levies for the purposes described in the Municipal Government
Act, which is attached as Schedule "C" to this Bylaw; and
WHEREAS the Council has reviewed the report prepared by Urban Systems Ltd.
and deems it desirable to impose and collect off-site levies in
accordance with such report.
NOW THEREFORE: The Council for the Town of Black Diamond, duly assembled, hereby
enacts as follows:
1. NAME OF BYLAW
1.1. This Bylaw may be cited as the "Off-Site Levy Bylaw'.
2. INTERPRETATION
2.1. DEFINITIONS
a) "Act? means the Municipal Government Act, R.S.A. 2000 M-26, as
amended;
b) "Bylaw" means a bylaw of the Town;
c) "Chief Administrative Officer' or "CAO" means the person appointed to the
position by the Council of the Town of Black Diamond to carry out the
power, duties and functions of the CAO. It may also mean a person
appointed to this position on an interim basis, or a person to whom the
CAO has delegated their authorities to, in accordance with the Town of
Black Diamond Chief Administrative Officer Bylaw;
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BYLAW 2022-11
TOWN OF BLACK DIAMOND
d) "Councif' means the Council of the Town of Black Diamond;
e) "Development Area" means_ the lands identified in Schedule A to this
Bylaw that is to be developed or subdivided excepting:
i. any area taken as environmental reserve or as an environmental
reserve easement;
f) "Off-Site Levy" means an off-site levy imposed by this Bylaw;
g) "Redevelopment" means subdivision or development on land that has
previously been the subject of urban development, as determined by the
CAO; and
h) "Town" means the Corporation of the Town of Black Diamond or the
geographical area within the municipal boundaries of the Town of Black
Diamond, as the context may require.
2.2. Any references in this Bylaw to any statutes are to those statutes as amended or
replaced from time to time and any amendments thereto.
2.3. Whenever the singular or masculine form of a word is used in this Bylaw, it shall
include the plural, feminine or neutral form of the word as the context so requires
and vice versa.
2.4. The headings in this Bylaw do not form part of this Bylaw and shall not affect its
interpretation.
2.5. The word "may" when used in this Bylaw shall be construed as permissive and
empowering, and the word "shall" when used in this Bylaw shall be construed as
imperative.
3. ADMINISTRATION AND ENFORCEMENT
3.1. Council hereby delegates to the CAO the authority to enforce and administer
this Bylaw.
3.2. Without restricting subsection 3.1, where this Bylaw specifies that something is
to be determined by the CAO or in the CAO's discretion, the CAO's decision
shall be final.
4. ENACTMENT
4.1. Off-Site Levies are hereby imposed in respect of all lands within the
Development Area, against which off-site levies may be imposed in accordance
with the Act.
4.2. Off-Site Levies are deemed imposed whether or not the imposition of Off-Site
Levies is made a specific condition of subdivision approval or the development
permit.
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BYLAW 2022-11
TOWN OF BLACK DIAMOND
5. AGREEMENTS
5.1. The Town may, as a condition of subdivision approval or a development permit,
negotiate and enter into agreements with owners of land within the Development
Area respect to the payment of Off-Site Levies in accordance with this Bylaw.
5.2. Without restricting subsection 5.1, at the discretion of the CAO, the Town may,
as a term of an agreement respecting the payment of Off-Site Levies in
accordance with this Bylaw, agree to defer the imposition of Off-Site Levies to
future subdivision or development.
6. PAYMENT OF LEVIES
6.1. Except as otherwise expressly set out in this Bylaw, Off-Site Levies shall be
payable in respect of all lands within the Development Area.
6.2. Off-Site Levies in respect of land within the Development Area that is subject to
subdivision shall be paid prior to the endorsement of the plan of subdivision.
6.3. Off-Site Levies in respect of land within the Development Area that is subject to
development shall be paid prior to the release of the development permit.
6.4. Notwithstanding sections 6.2 and 6.3, at the discretion of the CAO, the Town
may enter into an agreement with the owner of land within the Development
Area whereby Off-Site Levies shall be paid as follows:
a) 50% (fifty percent) of the Off-Site Levy shall be paid prior to the
endorsement of the plan of subdivision; and
b) 50% (fifty percent) of the Off-Site Levy shall be paid within 1 (one) year
of endorsement of the subdivision.
6.5. | Where the Town enters into an agreement with the owner of land within the
Development Area whereby Off-Site Levies shall be in accordance with section
6.4, the Town may require, at the discretion of the CAO, as a term of the
agreement, security in a form and amount sufficient to secure payment of the
Off-Site Levy.
6.6. The Off-Site Levy rate payable in respect to the land within the Development
Area shall be the rate in effect on the date of endorsement of the plan of
subdivision or the release of the development permit, as applicable.
7. REDEVELOPMENT
7.1. The Off-Site Levies imposed in respect of Redevelopment shall be determined
as follows, with reference to the methodology set out in Schedule "C":
Redevelopment Levy Calculation = Off-Site Levy x Development Area x
Incremental increase in intensity of development (as determined by the
CAO)
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BYLAW 2022-11
TOWN OF BLACK DIAMOND
8. DEFAULT OF PAYMENT
8.1. Ifa person fails, neglects or refuses to pay an Off-Site Levy imposed under this
Bylaw, the Town may:
a) In accordance with the terms of the agreement with the owner of land
within the Development Area whereby levies are payable, commence
proceedings in a court of competent jurisdiction for payment of the Off-
Site Levy;
b) In accordance with the terms of the agreement with the owner of land
within the Development Area whereby levies are payable and conditions
of the subdivision approval or development permit, refuse to endorse a
plan of subdivision or release a development permit; and
c) take any other steps available in law or equity for the failure, neglect or
refusal to pay the Off-Site Levy.
9. OFF-SITE LEVY FUND
9.1. | The CAO shall set up and maintain a separate fund for each grouping of
facilities as provided in Schedule "B" in respect of which Off-Site Levies are
paid.
10. DETERMINATION OF THE LEVIES
10.1. Off-Site Levies for the Development Area shown in Schedule "A" shall be as
shown in Schedule "B" and in Figure 5 of the Urban Systems Ltd. Report
attached as Schedule "C' to this Bylaw.
10.2. Notwithstanding section 10.1, Off-Site Levies in respect of Sewage Collection
facilities as identified in Schedule "B" will only be imposed against land if the
proposed servicing for the subdivision or development connects to and uses
these facilities.
11. INFORMATION ON REQUEST
11.1. The Town shall disclose upon request the information the Town has relied upon
in establishing the Off-Site Levies and the current Off-Site Levy fund balances.
11.2. Without restricting subsection 3.1, where this Bylaw specifies that something is
to be determined by the CAO or in the CAO's discretion, the CAO's decision
shall be final.
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BYLAW 2022-11
TOWN OF BLACK DIAMOND
12. YEARLY REPORT TO COUNCIL
12.1. No less than once in each calendar year, the CAO shall provide a report to
Council, which report shall be publicly available, containing the information
required in section 648.4(2) of the Act.
13. REVIEW
13.1. The calculation of the Off-Site Levies shall be reviewed no less than once every
four (4) calendar years.
14, GENERAL PROVISIONS AND COMING INTO FORCE
14.1. If any term, clause or condition of this Bylaw or application thereof is found to be
invalid or unenforceable, the remainder of this Bylaw or the application of such
term, clause or condition shall not be affected and shail remain in force and
effect. ne
14,2. Nothing contained in this Bylaw precludes the Town from impésing such further
or oiher charges, costs, fees or levies as may be lawfully authorized, including
future Off-Site Levies where such levies have not been collected for a grouping
of facilities as provided in Schedule "B'.
14.3. This Bylaw repeals Bylaw 04-08 and any amendments thereto.
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BYLAW 2022-11
TOWN OF BLACK DIAMOND
THIS BYLAW shall take effect on the date of the third and final reading.
READ AFIRST TIME this 3 day of Uslobe- a.p. 2022.
PUBLIC HEARING held Nove mbeéer Ea A.D. 2022.
READ A SECOND TIME this Qn day of Mey EMber A.D. 2022.
READ A THIRD AND FINAL TIME this we day of Moyembe~ A.D. 2022.
MAYOR {j LEGISLATIVE SERVICES MANAGER
Abvember-3), QO9D
Date signed
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BYLAW 2022-11
TOWN OF BLACK DIAMOND
Schedule A
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Legend FROWN OF BLACK Dias =
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(Town Boundary) .
Off-Site Levy Update
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BYLAW 2022-11
TOWN OF BLACK DIAMOND
Schedule B
Off Site Levy Rates Table
Effective Effective Effective Effective
. Until Until Until Until oe
SSE AL December December December December Applicatien
31, 2022 31, 2023 31, 2024 31, 2025
Water Supply, Treatment,
ppl . $8,084. $8,246 $8,411 $8,579 Town-Wide
Storage, and Pumping
Sanitary Sewage Treatment ;
. $11,894 $12,131 $12,374 $12,622 Town-Wide
and Disposal
Water Distribution $7,926 $8,085 $8,246 $8,411 Town-Wide
Sewage Collection
SC: East Sanitary Main $7,047 $7,188 $7,332 $7,478 Area-Specific
SC2: 1 Ave SE Sanitar
. y $1,743 $1,778 $1,814 $1,850 Area-Specific
Main
$C3: Hydraulic
Connection to Westend $4,282 $4,368 $4,455 $4,544 Town-Wide
Sanitary Sewer
Transportation ~ HWY ;
; $26,612 $2'°7144 $27,687 $28,241 Town-Wide
Intersections
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BYLAW 2022-11
TOWN OF BLACK DIAMOND
Schedule C
Off Site Levy Background Report
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