Bylaw No. 15/027, Offsite Levy Bylaw (Regional Municipality of Wood Buffalo)
Regional Municipality of Wood Buffalo, Alberta
· No. 15/027
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Bylaw No. 15/027
Regional Municipality of Wood Buffalo
Page 1 of 10
BYLAW NO. 15/027
A BYLAW OF THE REGIONAL MUNICIPALITY OF WOOD BUFFALO TO
ESTABLISH AN OFFSITE LEVY
WHEREAS the Municipal Government Act provides that a council may pass a bylaw for the
imposition and payment of offsite levies in respect to lands that are to be developed or subdivided
and to authorize agreements to be entered into in respect of the payment of the levies.
AND WHEREAS certain lands within the boundaries of the Regional Municipality are proposed
for subdivision or residential, commercial, institutional or industrial developments.
AND WHEREAS Council for the Regional Municipality requires an expenditure for capital costs
for:
1.
water supply, transmission, treatment and storage facilities;
2.
wastewater treatment and collection;
3.
roads required for or impacted by subdivision or development; and
4.
land required for or in connection with any facilities, as mentioned above,
because of population growth now occurring in the Regional Municipality.
AND WHEREAS the Regional Municipality presently imposes and collects offsite levies.
AND WHEREAS Council has advertised its intention to consider the provisions of this Bylaw
pursuant to section 606 of the Municipal Government Act.
NOW THEREFORE, the Council of the Regional Municipality of Wood Buffalo, in the Province
of Alberta, duly assembled, hereby enacts as follows:
Short Title
1.
This Bylaw may be referred to as the Offsite Levy Bylaw.
Definitions
2.
For the purposes of this Bylaw, the following words shall be defined as follows:
(a)
"Act" means the Municipal Government Act, R.S.A. 2000, c.M-26 and regulations
passed pursuant to the Act;
(b)
"agreement" means an agreement as referred to in the Act in section 648;
(c)
"applicant" means the person who applies for subdivision or development approval
(d)
"Chief Administrative Officer" means the Chief Administrative Officer of the
Regional Municipality and includes any person appointed as the delegate for the
Bylaw No. 15/027
Regional Municipality of Wood Buffalo
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Chief Administrative Officer or any person appointed to act in the absence of the
Chief Administrative Officer;
(e)
"Council" means the Council of the Regional Municipality of Wood Buffalo;
(f)
"development" has the meaning provided for in the Act;
(g)
"development permit" means a permit issued in accordance with the Regional
Municipality's Land Use Bylaw;
(h)
"levy" means an offsite levy imposed and created by this Bylaw pursuant to the
Act;
(i)
"Municipality" means the Regional Municipality of Wood Buffalo or where the
context requires, the area within the boundaries of the Regional Municipality;
(j)
"plan of subdivision" has the meaning provided for in the Act;
(k)
"subdivision" has the meaning provided for in the Act.
Establishment of Levy
3.
Levies are imposed upon land in the Municipality that is to be subdivided or developed and
for which no offsite levies have previously been paid.
Object of Levy
4.
The object of the levies is to pay for all or part of the capital costs of any or all of the
following:
(a)
new or expanded facilities for the storage, transmission, treatment or supplying of
water;
(b)
new or expanded facilities for the treatment, movement or disposal of sanitary
sewage;
(c)
new or expanded roads required for or impacted by a subdivision or development;
and
(d)
land required for or in connection with any facilities described in (a) to (c) above
as determined in the Offsite Levy Report prepared by Associated Engineering
incorporated into this Bylaw as Schedule "D".
Bylaw No. 15/027
Regional Municipality of Wood Buffalo
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Amount of Levy
5.
(a)
The Municipality shall be divided into benefitting areas as shown in Schedule "C"
for the purposes of calculating the levies to be imposed on land to be subdivided or
development within the areas.
(b)
The amount of the levies and the method of determining the amount of the levies
are set out in Schedule "A".
Imposition of the Levy
6.
(a)
Levies shall be imposed on a subdivision or a development, as follows:
(i)
a subdivision, before the date of subdivision endorsement.
(ii)
a development, before the date of issuance of a development permit.
(b)
Levies are deemed to have been imposed whether or not the imposition of the levies
is made a specific condition of subdivision or development approval.
Payment of Levy
7.
(a)
Levies shall be paid at the time of payment specified in Schedule "B".
(b)
Any payment of a levy pursuant to this Bylaw which is not made when due shall
be a debt owing to the Municipality by the applicant. This provision does not in any
way affect any other remedy available to the Municipality for late or non-payment
of a levy.
Agreements
8.
The entering into a development agreement or servicing agreement in respect of payment
of levies is hereby authorized.
Review of Levy Rates
9.
(a)
The Municipality shall review the levy projects and the levy rates on a regular basis.
(b)
After the review has been completed, the Municipality may amend this Bylaw to
update the levy rates.
Subsidies
10.
(a)
The Council may by resolution direct that the Municipality subsidize the payment
of any levy imposed under this Bylaw, from one or more funding sources identified
in the resolution, in any amount up to and including the whole amount of the levy.
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Regional Municipality of Wood Buffalo
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(b)
If the Council has passed a resolution under subsection 10 (a), then the amount of
the subsidy must be reviewed by the Chief Administrative Officer every other year
in conjunction with a review of levy projects and levy rates under subsection 9 (a),
and the Council may at that time pass a resolution to rescind the previous resolution
and impose a different level of subsidy, if any, which resolution may be passed by
simple majority.
Annual Report
11.
The Municipality shall report annually to Council regarding the levies in a format
acceptable to the Chief Administrative Officer.
Severability
12.
In the event that any provision of this Bylaw is found to be contrary to law by any Court
of competent jurisdiction, then that provision shall be severed and the remainder of the
Bylaw shall be of full force and effect.
Transition
13.
This Bylaw applies to:
(a) any subdivision where the date of subdivision endorsement occurs on or after the
date this Bylaw comes into force; and
(b)
any development where the date of issuance of a development permit occurs on or
after the date this Bylaw comes into force.
General
14.
Nothing in this Bylaw precludes the Municipality from:
(a)
imposing further or different offsite levies, duly enacted by bylaw, on any land in
respect of which the Municipality has not collected the offsite levies imposed under
this Bylaw or any previous offsite levy bylaw authorized by statute; or
(b)
adopting policies, procedures or guidelines for the assistance and direction of
Municipal administration with respect to the implementation of this Bylaw.
Repeal
15.
Bylaw(s) 871, 890, 911, 920, 921, 923, 943, 85/09, 92/12, 93/23, 94/32, 00/003, 00/004,
00/067, 03/060, 06/022 and 08/041 are hereby repealed.
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Regional Municipality of Wood Buffalo
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Enactment
16.
This Bylaw shall come into effect when it is passed.
Schedules
17.
Schedules "A", "B", "C" and "D" form part of this Bylaw.
Rules of Interpretation
18.
The headings in this Bylaw are for reference purposes only and do not form part of the
Bylaw.
READ a first time this day of December, A.D. 2015.
READ a second time this day of January, A.D. 2016.
READ a third time this day of January, A.D. 2016.
SIGNED and PASSED this day of January, A.D. 2016.
________________________
Mayor
________________________
Chief Legislative Officer
Bylaw No. 15/027
Regional Municipality of Wood Buffalo
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SCHEDULE "A"
AMOUNT OF LEVIES
Water, Wastewater and Roads
1.
The levy amount applicable to land to be subdivided or developed and located within an
area identified in Schedule "D" shall be determined by reference to the area in which the
land is located. Table A-1 of this schedule sets out the amount of the levies for land within
each area.
2.
The levies for water, wastewater and roads shall be calculated in accordance with the
following:
a)
on a per capita basis.
b)
residential only is charged the water treatment plant and wastewater treatment
charge.
c)
residential is based on a unit rate as per Table A-3 based on development type.
d)
commercial/industrial/institutional is charged based on square footage of the
building as per Table A-3.
TABLE A-1
Residential Offsite Levy Rate Per Capita
Benefitting Area
Water
Wastewater
Roads
Total
Lower Townsite/ Waterways
$2,468
$1,493
$1,075
$5,036
Saline Creek
$2,482
$1,909
$3,689
$8,080
Saline Creek (to Hwy 69 LS)
$2,482
$2,614
$3,689
$8,785
Parsons Creek
$2,201
$1,373
$1,490
$5,064
* Offsite levy for water and wastewater treatment is added to residential only
Table A-2
Commercial/Industrial/Institutional Offsite Levy Rate Per Capita
Benefitting Area
Water
Wastewater
Roads
Total
Lower Townsite/ Waterways
$1,513
$120
$1,075
$2,708
Quarry Ridge
$438
$1,300
0
$1,738
Saline Creek
$1,527
$536
$3,689
$5,752
Saline Creek (to New Airport LS)
$1,527
$1,241
$3,689
$6,457
Airport Lands
$1,527
$2,046
$1,548
$5,121
Airport West Industrial
$1,527
$2,046
$1,548
$5,121
Airport East Industrial
$1,527
$5,144
$1,548
$8,219
Southlands Area 2 /Hwy 69 Corridor
$1,527
$2,890
$1,548
$5,965
Southlands Area 1A/1B
$2,082
$952
0
$3,034
Parsons Creek
$1,246
0
$1,490
$2,736
Bylaw No. 15/027
Regional Municipality of Wood Buffalo
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TABLE A-3
Offsite Levy Rate Per Capita Based on Development Type
Development Type
Density by Land Use
Single Family and Low Density
Single family detached homes, manufactured homes, duplexes
and townhouses (up to 45 units/ha)
3.5 persons/unit
Apartments
medium- and high-density (45 - 296 units/ha)
2.5 persons/unit
Hotel Rooms
long-term-stay hotels/suites
standard hotel rooms
2.5 persons/unit
1.5 persons/unit
Commercial/Industrial/Institutional
commercial/industrial/institutional equivalent
3.5 persons/1,500 ft2
TABLE A-4
Offsite Levy Rate per Unit Based on Development Type
Benefitting Area
Cost per
capita
Single Family
3.5
Medium and
high density
2.5
Hotel 1.5
Lower Townsite/Waterways
$5,036
$17,626
$12,590
$7,554
Saline Creek
$8,080
$28,280
$20,200
$12,120
Saline Creek (to Hwy 69 LS)
$8,785
$30,748
$21,963
$13,178
Parsons Creek
$5,064
$17,724
$12,660
$7,596
TABLE A-5
Offsite Levy Rate Per 1500 sq.ft commercial/ industrial/ institutional
Benefitting Area
Total
Cost per 1500 sq.ft
Lower Townsite/ Waterways
$ 2,708
$9,478
Quarry Ridge
$1,738
$6,083
Saline Creek
$5,752
$20,132
Saline Creek (to Hwy 69 LS)
$6,457
$22,600
Airport Lands
$5,121
$17,924
Airport West Industrial
$5,121
$17,924
Airport East Industrial
$8,219
$28,767
Southlands Area 2 /Hwy 69 Corridor
$5,965
$20,878
Southlands Area 1A/1B
$3,034
$10,619
Parsons Creek
$2,736
$9,576
Bylaw No. 15/027
Regional Municipality of Wood Buffalo
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SCHEDULE "B"
TIME OF PAYMENT
For land that is to be subdivided or developed, the time of payment shall be as follows:
1.
Where levies are imposed on a subdivision by subdivision endorsement, the levies
shall be paid before the endorsement of the plan of subdivision.
2.
Where levies are imposed on a development by a condition of a development
permit, the levies shall be paid before the release of the development permit.
Bylaw No. 15/027
Regional Municipality of Wood Buffalo
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SCHEDULE "C"
BENEFITTING AREAS
Bylaw No. 15/027
Regional Municipality of Wood Buffalo
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SCHEDULE "D"
OFFSITE LEVY REPORT