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CITY OF EDMONTON
BYLAW 19340
FACILITIES OFF-SITE LEVIES BYLAW
(CONSOLIDATED ON APRIL 23, 2024)
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THE CITY OF EDMONTON
BYLAW 19340
FACILITIES OFF-SITE LEVIES BYLAW
Edmonton City Council enacts:
PART I - PURPOSE AND DEFINITIONS
PURPOSE
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The purpose of this bylaw is to provide for the collection of
Off-Site Levies to pay for the Construction Cost of new or
expanded Facilities pursuant to Section 648 of the Municipal
Government Act, RSA 2000, c M-26. Applicants for the
subdivision of land located within a Catchment will be
required to pay the Off-Site Levies in accordance with this
Bylaw so as to proportionately share the cost of applicable
Facilities.
DEFINITIONS
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(1)
Unless otherwise specified, words used in this bylaw have
the same meaning as defined in the Municipal Government
Act, RSA 2000, c M-26.
(2)
In this bylaw:
(a) "Appurtenances" means any infrastructure or
equipment required for or in connection with a new or
expanded Facility, including:
(i)
provisions for parking,
(ii)
on-site and off-site utilities necessary to service
the Facility,
(iii)
surface improvements within road right-of-way
abutting the site on which the Facility is or will be
located, including, but not limited to, roads,
sidewalks, curbs, gutters, street lighting, and
landscaping, and
(iv)
any vehicles, furniture, fixtures, equipment and
apparatus required for the initial operation of the
Facility.
(b) "Applicant" means any applicant for subdivision of land
that is located within a Catchment.
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(c) "Assessable Area" means the gross area of land within a
Catchment of subdivision, less the area of land
designated or to be designated as:
(i)
public utility lots, municipal, school or
environmental reserves;
(ii)
Land owned by a school board that is to be
developed for a school building project within the
meaning of the School Act;
(iii)
arterial roads, transit centres or park and ride
facilities;
(iv)
titled pipeline rights of way or power
transmission line rights of way or any land which,
at the sole discretion of the City Manager, is
sufficiently encumbered by a pipeline or power
transmission line that no development may
reasonably take place;
(v)
provincial highways; or
(vi)
highway penetrator roads as defined in the
Arterial Roads for Development Bylaw No.
14380.
(d) "Catchment" means the land area that is served by a
particular Facility as identified in Schedule A.
(e) "City" means the Municipal Corporation of The City of
Edmonton.
(f) "City Manager" means the Chief Administrative Officer
of the City or his/her designate.
(g) "Construction Cost" means the estimated / actual cost
of design, construction or expansion of a Facility, in
accordance with all safety codes and City policies,
including an amount for engineering and administration,
the purchase price or the estimated market value of land
required for the Facility, the estimated costs of any
related Appurtenances, interest on any borrowed money,
and contingency of 10%.
(h) "Facility" means a Fire Hall as listed in Schedule B.
(i) "Fire Hall" means a facility that provides emergency
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response to fires and other emergencies, and is used for
the storage of fire fighting equipment.
(j) "Off-Site Levy" means the amount of money to be paid
by the Applicant as a condition of subdivision, toward
the Construction Cost of the Facility from which the
Subject Lands will benefit, which amount is calculated in
accordance with section 6.
(k) "Off-Site Levy Rate" means the Construction Cost of a
Facility divided by the Assessable Area within the
Catchment.
(l) "Servicing Agreement" means a legally binding
contract between the City and a developer or landowner
for the purposes of:
(i)
ensuring that public infrastructure is constructed
in accordance to the City of Edmonton Design
and Construction Standards, and
(ii)
providing for the payment of fees, assessments
and Off-Site Levies and receipt of recoveries, if
applicable.
(m) "Subject Lands" means a parcel or parcels of land that
are the subject of a subdivision application.
RULES FOR
INTERPRETATION
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The marginal notes and headings in this bylaw are for ease
of reference only.
PART II - CALCULATION OF THE OFF-SITE LEVY
AUTHORIZATION
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The collection of an Off-Site Levy is hereby authorized.
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The City Manager is hereby authorized to create standards
which set out how Off-Site Levies are set for the capital costs
of Fire Halls within Catchment areas from which
developments will benefit.
APPLICABLE
FACILITIES
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The list of applicable facilities is included in Schedule B
and their Catchment boundaries are depicted in Schedule
A.
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CALCULATION
METHODOLOGY
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Off-Site Levy Rates are calculated by distributing the
Construction Cost of each Facility uniformly over the
total Assessable Area within the Catchment.
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Off-Site Levies are calculated by multiplying the
Assessable Area of a subdivision by the applicable
Off-Site Levy Rate.
CATCHMENT
BOUNDARIES
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Catchment boundaries for each Facility are based upon level
of service, geographical proximity to the proposed Facility,
accessibility, natural and constructed barriers and the location
of other existing Facilities based on predetermined criteria of
each relevant business area of the City's administration.
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Notwithstanding sections 5 & 8 and Schedule A, the City
may adjust and refine the Catchment boundaries over time as
there are refinements to the criteria on which the Catchment
areas are based.
PART III - PAYMENT
PAYMENT OF
LEVY
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Any Off-Site Levy authorized under this bylaw may be
imposed on the Subject Lands as a condition of subdivision,
and paid by the Applicant to the City in accordance with a
Servicing Agreement.
PART IV - UPDATES AND REPORTING
OFF-SITE LEVY
RATE UPDATES
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The City Manager will refine and update all Off-Site Levy
Rates annually.
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Notwithstanding section 11, the City Manager may undertake
more frequent updates of Off-Site Levy Rates in accordance
with the Facilities Off-Site Levies Standard.
ANNUAL REPORT
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A report on the Off-Site Levies authorized in this bylaw will
be prepared and published annually in accordance with the
Facilities Off-Site Levies Standard.
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PART V - IMPLEMENTATION
IMPLEMENTATION
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This bylaw comes into effect on January 1, 2022.
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Off-Site Levies will be implemented in accordance with the
Facilities Off-Site Levies Standard.
(NOTE: Consolidation made under Section 69 of the Municipal Government Act, R.S.A. 2000, c.M-26 and
Bylaw 16620 Section 16, and printed under the City Manager's authority)
Bylaw 19340, passed by Council August 16, 2021
Amendments:
Bylaw 20782, April 23, 2024
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(S.1.a., Bylaw 20782, April 23, 2024)
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Schedule B - List of Planned Future Fire Halls
Big Lake
Blatchford
Cumberland
Edmonton Energy and Technology Park (EETP)
Horse Hill
Mistatim Industrial
Northeast EETP
Northeast Horse Hill
Riverview
Southeast
Walker
Wedgewood
(S.1.b., Bylaw 20782, April 23. 2024)
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