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TOWN OF HINTON
BYLAW #1092
A BYLAW OF THE TOWN OF HINTON IN THE PROVINCE OF ALBERTA
TO PROVIDE FOR THE IMPOSITION OF AN OFF-SITE LEVY IN RESPECT OF LAND
TO BE DEVELOPED OR SUBDIVIDED
WHEREAS Section 648 of the Municipal Government Act, RSA 2000, Chapter M-26, as
amended permits Council to enact a Bylaw to provide for the imposition and payment of Off-Site
Levies in respect to land to be developed or subdivided, and to authorize agreements to be
entered into in respect to the payment of those Levies;
AND WHEREAS certain lands within the corporate boundaries of the Town of Hinton are
proposed for subdivision or development;
AND WHEREAS the Council of the Town of Hinton has determined that expenditures will be
required for the capital cost of infrastructure required for or impacted by subdivision or
development;
AND WHEREAS the Town has engaged in extensive consultation with effected land owners
and representatives of the development industry to address and define existing and future
infrastructure construction and associated capital costs, and to allocate the costs to the
beneficiaries of development;
AND WHEREAS Associated Engineering has undertaken a study for the Town of Hinton which
is dated March 14, 2014 and entitled "Development Fees and Charges, Off-Site Levies and
Developer Contributions', which takes into account infrastructure master plans and identifies
Off-Site Levy eligible projects and costs, and which contains supporting information used to
establish the Off-Site Levies provided for by this Bylaw;
AND WHEREAS Council has advertised its intention to consider the provisions of this Bylaw
pursuant to the provisions of Section 606 of the Municipal Government Act;
NOW THEREFORE the Council of the Town of Hinton, duly assembled, hereby enacts as
follows:
1. An Off-Site Levy is hereby imposed and shall be collected in respect of lands within the
Town of Hinton which are to be developed or subdivided and for which no Off-Site Levy
has been previously paid.
2. The Off-Site Levies hereby imposed shall be calculated in accordance with Schedule "A"
attached hereto, having regard to the principles and criteria set out in Schedule "B"
attached hereto. Schedule "A" and Schedule "B" form part of this Bylaw.
3. Development or Servicing Agreements entered into at the time of or pursuant to
development or subdivision may provide for the collection of Off-Site Levies as provided
for in Schedule "B" to this Bylaw.
4. Any Off-Site Levies payable pursuant to Development Agreements entered into pursuant
to previous Bylaws are hereby confirmed and shall continue and remain in effect
notwithstanding the repeal of such Bylaws.
Bylaw #1092
Page 2 of 2
5. If any portion of this Bylaw is declared or held to be invalid for any reason, the remaining
portions of this Bylaw shall remain in effect.
6. First reading given to Bylaw #1090 is hereby rescinded.
7. Upon this Bylaw coming into effect, Bylaw #840 is repealed.
8. This Bylaw shall come into effect upon the third and final reading and signing of this
Bylaw.
READ A FIRST TIME THIS 18" DAY OF MARCH, 2014.
READ A SECOND TIME THIS 15" DAY OF APRIL, 2014.
READ A THIRD TIME THIS 15" DAY OF APRIL, 2014.
MAYOR
2
DIRECTOR OF CORPORATE SERVICES
Bylaw #1092
Schedules "A" and "B"
Page 1 of 7
SCHEDULE "A"
OFF-SITE LEVY BYLAW
The Off-Site Levy Rates per hectare for the noted years are shown in the table below.
2014 2015 (see note below)
$16,168 pO
Sanitary Sewer $ 8,769 COCCS*d
$ 1,342 pO
Arterial Roads $20,835 pO
Intersectional roadway | $ 2,090 ee
$49,204 OCS
2015 rates will be the 2014 rates adjusted for the change in the year over year non-residential
building construction cost index for Edmonton as of third quarter compared to the previous
year third quarter, as calculated by Statistics Canada. Similar annual adjustments will apply in
subsequent years until this Schedule is amended.
Unless prepaid, the Off-Site Levies are based upon the year of, and are due at the time of, the
development permit application for each new subdivision lot or when each new subdivision lot
is first sold, whichever happens first.
Bylaw #1092
Schedules "A" and "B"
Page 2 of 7
SCHEDULE "B"
OFF-SITE LEVY BYLAW
AUTHORITY TO COLLECT OFF-SITE LEVIES AND ISSUE CREDITS
Town Council has the authority under the Municipal Government Act to create a bylaw for the
purpose of collecting an Off-Site Levy. Council authorizes Town Administration to enter into
Development or Servicing Agreements which, among other things, provides for the collection
of Off-Site Levies and where applicable, provides Off-Site credits to Developers.
1. DEFINITIONS
In this Schedule, the following words and terms shall have the following meanings, unless the
context requires otherwise:
a) Arterial Roads -- Those roads shown as arterial roads in the latest approved Town of
Hinton Transportation plan, and land associated with these roads;
b) Developable Land -- Land within the Town of Hinton that can be physically provided with
water, sanitary sewer and storm drainage service and is suitable for urbanization;
c) Developed Land -- Land which has been subdivided or developed and for which Off-Site
Levies have been paid;
d) Industry -- Industry shall consist of interested members of the development community
including developers or landowners who have undertaken subdivisions in the recent past
in Hinton;
e) Intersectional Roadway System Improvements -- intersectional improvements to roads
connecting to Highway 16 which will be a future municipal arterial roadway upon
construction of the Highway 16 by-pass. (as per projects within AE Engineering memo to
JA Fraser dated February 23, 2012);
f) Skip or Leap-frog Development -- Development of lots that are not contiguous with
existing development, also sometimes referred to as "leap frogged development';
g) Off-Site Infrastructure -- Off-Site Infrastructure includes Sanitary Sewer Facilities, Storm
Sewer Systems, Water Facilities, intersectional roadway system improvements and
Arterial Road facilities required for subdivision or development. The Off-Site Levy
Account provides compensation payments for the installation of Off-Site Infrastructure
based upon the criteria set out in this Schedule;
h) On-site Infrastructure - Roads, sewer and water facilities built on the land area defined
by the current phase of development, required to provide capacity to service the current
phase of development;
i) Oversize Infrastructure -- Oversize Infrastructure is sanitary facilities, storm sewer
systems, and water facilities sized greater than the predefined base size or capacity
required for the current phase of subdivision or development and which provides
increased capacity for future development;
Bylaw #1092
Schedules "A" and "B"
Page 3 of 7
j) Sanitary Sewer Facilities - Sanitary Sewer Facilities, in the context of this Schedule,
include treatment facilities, pipe, appurtenances, lift stations, force mains and land
associated with these facilities;
k) Storm Sewer Systems -- Storm Sewer Systems, in the context of this Schedule, include
pipe, appurtenances, storm water detention facilities, lift stations and land associated
with these facilities;
1) Storm Water Detention Facilities - Storm Water Detention Facilities, in the context of this
Schedule, include storm water ponds, pond outlets up to and including the control
structure, low flow bypass pipe, overland surface flow routes and land associated with
these facilities;
m) Water Facilities - Water Facilities, in the context of this Schedule, include treatment
facilities, pipe, appurtenances, pump stations, reservoirs and land associated with these
facilities.
2. OFF-SITE LEVY BYLAW PURPOSE
The Off-Site Levy Bylaw creates a levy to provide funds for the construction of Off-Site
Infrastructure required for growth.
3. OFF-SITE LEVY BYLAW PRINCIPLES
The following principles provide guidance for interpretation of the Bylaw:
a) Development and Subdivision in areas of the Town for which no Off-Site Levy has been
previously paid will provide Off-Site Levies for the purpose of funding the infrastructure
required for growth. However, those who benefit from the infrastructure should share
proportionally, on a per hectare basis, in its costs.
b) Provision or the providing of Off-Site Infrastructure should not create an advantage or
penalty due to the time or location of development. Thus Off-Site Levies, while
acknowledging changing and inflationary costs, should remain constant, predictable and
understandable over time unless additional costs are added.
c) Infrastructure will be required to maintain cost effective and orderly growth. Decisions
regarding what is considered cost effective and orderly growth are not made through the
Off-Site Levy but are determined by the planning process and Town Council. Thus Skip
Development will not be funded by the Off-Site Levy Account but may be funded by the
developer through an approval process.
d) The calculation of the Off-Site Levies should be an open transparent process. Thus the
process should be clear and understandable. The management of the Off-Site Levy
Account should be open with information available to the public and Industry, and part of
the municipal audit for policy compliance.
e) Appropriate, less growth affected, infrastructure and projects that have substantial Town
wide benefit should be funded by the community as a whole. Some projects are of a
magnitude and scale that they provide community wide benefit and are thus best paid
from property tax payers. Examples of this type of infrastructure include town-wide
Bylaw #1092
Schedules "A" and "B"
Page 4 of 7
recreational, cultural, protective and environmental facilities, arterial roadway expansions
beyond four lanes and general government service facilities.
4. OFF-SITE LEVY OBJECTIVES
To recover the cost of infrastructure required for growth:
i) Using financing strategies that remain sustainable;
li) Facilitating development by reducing risk on early Developers and ensuring future
Developers share the costs of the facilities from which they benefit;
iii) Promoting cost effective development.
To promote orderly development by:
i) Supporting Town planning through growth strategies, Master Servicing Plans and
Area Structure Plans;
ii) Providing Off-Site Infrastructure, once the outline plan is approved and when
Developers require it; and
iii) Providing infrastructure for contiguous development.
To create a transparent process by:
i) Conforming with the Municipal Government Act;
ii) Providing opportunity for industry input into the levy and its administration; and
ii) Providing for the Off-Site Levies and reserve account status to be part of the annual
municipal financial audit of the Town of Hinton.
To create a clear process for calculation of the rate, levies and credits by:
i) Creating consistent and predictable levies and credits;
ii) Creating predictable and stable levies over time;
iii) Documenting a process for establishing the levy rate; and
iv) Create a logical cost recovery framework.
5. APPLICATION OF OFF-SITE LEVIES
a) Off-Site Levies will be assessed on all Developable Land which are subject to
subdivision or development and for which an off-site levy has not been collected, except
land designated as:
i) Environmental Reserve (ER);
li) Municipal Reserve (MR); or
Bylaw #1092
Schedules "A" and "B"
Page 5 of 7
iii) Arterial Road Right-of-Way (AR).
b) When one component of the Off-Site Levy becomes due, all components are due. The
Off-Site Levy is a single indivisible levy. No component levy can be deferred or waived
separately from the other components. However, a component may not be collected
when/if the municipal service related to that subdivision will not be available to benefit
that subdivision ie. Treated water or piped sanitary sewer.
c) No legally defined parcel of land will be assessed levies on only a portion of its area.
d) Off-Site Levies will not be collected on land where:
i) It can be shown or it is reasonable to assume that the land was previously connected
to all municipal services including water, sanitary sewer, and storm drainage services
and road access; or
ii) There will be a reasonable opportunity to collect off-site levies in the future, upon
subdivision and further servicing of the land; or
e) Where a new service is provided to an existing residence but it is not appropriate to
charge Off-Site Levies, then an appropriate connection charge will be assessed to allow
the service connection. The connection charge will be evaluated based upon the
equivalent values used for the Off-Site Levy components for services provided, land
area used by an equivalent residence on an urban lot and future opportunities to collect
full Off-Site Levies. This occurs only where an existing, formerly unserviced property is
connected to Town services where no planning, subdivision or zoning changes are
contemplated.
f) For services provided beyond the Town boundary a connection charge will be negotiated
in lieu of Off-Site Levies that is appropriate to the services provided and is representative
of the connections impact on the overall system.
6. CALCULATION OF OFF-SITE CREDITS
a) Off-Site credits are credits calculated for Off-Site Infrastructure constructed by the
developer and will be based on actual project costs where Town policies and procedures
are followed. Off-Site credits will be subtracted from the total amount of the Off-Site Levy
owing at the Development or Service Agreement stage. Where applicable, this credit will
be subtracted from the total Off-Site Levy fees due for a subdivision before distributing
the remaining Off-Site Levy fee due for each developed lot in a subdivision.
b) A developer who constructs an Off-Site credit applicable facility will be compensated
through Off-Site credits from the Off-Site Levy fund. This will be done by credits vs.
cash, except to the extent that the amount of the construction value exceeds the total
value of Off-Site Levies due for that subdivision under that Development or Servicing
Agreement.
c) The terms of payments for Off-Site credits will be reflected in the Development or
Servicing Agreement as determined on a case by case basis.
Bylaw #1092
Schedules "A" and "B"
Page 6 of 7
7, CALCULATION OF OFF-SITE LEVY RATE
a) Off-Site levies include eligible Water Facilities, Sanitary Sewer Facilities, Storm Sewer
Systems, Intersectional Roadway System Improvements and all lanes of Arterial Roads
(these terms are as defined in Section 1). Off-Site levies do not include the portion of
any Arterial Road beyond four driving lanes.
b) The levy rate calculation shall include the following for each levy component:
i) Total hectares of Developable Land within the Town boundary;
ii) A list of proposed and cost-eligible infrastructure systems and facilities needed to
support growth and service existing or future un-serviced areas.
iii) Total estimated present day cost of Off-Site Infrastructure (whether built or to be
built) required to service the Developable Land;
iv) Present per cost per hectare of each levy component; with the levy rate calculated
separately for each of the Water Facilities, Sanitary Sewer Facilities, Storm Sewer
Systems, Arterial Roadway and Intersectional Roadway System Improvement
components.
c) The Off-Site Levy rate calculation will be fully updated at least once every three years.
(For reference, the next update to be undertaken with a target to be effective January 1,
2016) and Administration will provide a report to Council on an annual basis.
d) Representatives of the development industry will be invited to participate in the update of
the off-site levy rate calculation.
8. CALCULATION OF OFF-SITE LEVIES
a) Off-Site Levies will be calculated using the rates set out in Schedule "A".
b) For a specific new subdivision, the calculation formula is:
Net Area = Gross Area -- MR -- ER -- AR, where MR is area for municipal reserve, ER is
area for Environmental Reserve and AR is area of arterial roads within the subdivision
area.
Assessed Levy = Net Area x Levy Rate (applicable at the time of lot sale or
development permit)
9. OFF-SITE LEVY PAYMENTS
a) Off-Site Levies will be imposed upon the developer at the time of subdivision or
development and where a Development or Servicing Agreement will be utilized. That
Agreement shall provide that the Levy will be paid by the developer at the time of initial
lot sale or development permit application for each created subdivision lot within the
development phase unless the developer opts for b) below.
Bylaw #1092
Schedules "A" and "B"
Page 7 of 7
b) If a developer undertakes prepayment as provided below, this payment will be for the
entire subdivision of land.
10. PREPAYMENT OF OFF-SITE LEVIES
a) Prepayment of Off-site Levies may occur when Off-Site Levies for a parcel of land are
paid prior to the year in which it will be serviced as indicated by a Construction
Completion Certificate being issued by the Town for the water and waste water utilities.
b) Prepayment will be accepted when:
i) A single legal entity has control over the land on which prepayment is to be made;
and
ii) Payment is made on entire subdivision of land (no payment will be accepted on part
of a subdivision or land parcel);
c) Once Off-Site Levies have been paid under this clause no further Off-Site Levies will be
collected. No refund of Off-Site Levies will be provided on any land which has had the
levies prepaid and subsequently become exempt from Off-Site L-evies at a future date
(for example land that once subdivided is designated Municipal Reserve);
d) Off-Site credits will be calculated based upon the Off-Site Levy Bylaw, Service
Agreements, procedures and rates in place at the time work is completed.
11. INDUSTRY LIASON
a) Communication between the Town of Hinton and key Industry stakeholders will occur
prior to presenting formally any amendments to this Bylaw and its Schedules.