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TOWN OFTABER
OFFSITE LEVY BYLAW NO. 19-2015
BEING A BYLAW OF THE TOWN OF TABER, IN THE PROVINCE OF ALBERTA, FOR THE
PURPOSE OF ESTABLISHING AN OFF-SITE LEVY FOR LAND THAT IS TO BE
SUBDIVIDED OR DEVELOPED WITHIN THE TOWN OFTABER.
WHEREAS Section 648 of the Municipal Government Act (Alberta, RS.A. 2000, Chapter M-26,
and amendments thereto) permits a Council to impose a levy known as an Off-Site Levy in
respect of land to be subdivided or developed within a municipality's limits, and to authorize an
agreement to be entered into for the payment of the Levy;
AND WHEREAS Council received advice respecting upgrades to Off-Site Infrastructure, which
set out a fair and equitable calculation of Off-Site Levies in accordance with the purpose of the
Municipal Government Act;
AND WHEREAS on May, 2, 2012 and July 19, 2012 the Municipality engaged in consultation
with representatives of the Development Industry and with Owners of undeveloped land within
the municipality, to present and define, existing and future Infrastructure projects for the
Municipality with respect to circumstances of the municipality and the benefits of development:
AND WHEREAS the Municipality received advice from MPE Engineering Ltd. on August 7, 2015
regarding a 15% increase in construction costs since 2012 which could be applied to the current
Off-Site Levy rate;
AND WHEREAS on November 9, 2015, after holding a Public Hearing regarding an increase to
the Off-Site Levy rate. Council resolved to maintain the Off-Site Levy rate set in 2012 until all
transportation and municipal utility master plans have been updated;
AND WHEREAS Council determined that the Off-Site Levy rate would be reviewed again in
2017;
AND WHEREAS Council determined that one levy apply to all Residential, Commercial &
Institutional lands, is in the best interests of the Town of Taber;
AND WHEREAS Council has advertised its intention to consider the provision of this bylaw,
pursuant to the requirements of the Municipal Government Act;
AND WHEREAS it is the intention of Council to repeal NW Water and Sanitary Sewer Trunks
Developer Reimbursement Bylaw 5-99, Developer Reimbursement Bylaw 14-2012, and Offsite
Levy Bylaw 10-2012 effective the date upon which Offsite Levy Bylaw 17-2015 comes into
effect;
NOW THEREFORE the Council of the Municipality in the Province of Alberta, duly assembled,
hereby enacts as follows;
1.
Definitions
1.1
The following terms shall have the following meanings in this Bylaw:
a) "Bylaw" means the off-site levy bylaw established by the Municipality;
TOWN OF TABER
OFFSITE LEVY BYLAW NO. 19-2015
b) "Chief Administrative Officer" means the Chief Administrative Officer for the Town,
regardless of the specific title that may be conferred on the Officer by Council from time
to time;
c) "Council" means the Council for the Town of Taber;
d) "Developable Land" shall mean all land contained within the Development Region:
i.
Upon which Development takes place after the date of passing of this Bylaw; or
ii.
For which Subdivision approval is obtained after the date of passing of this
Bylaw;
excluding all Developed Land,
e) "Developed Land" shall mean land that has been subject to Development or a
Subdivision prior to the date of passing of this Bylaw, and in respect of which off-site
levies for the same services have been paid;
f) "Development" means "development" as defined in the Municipal Government Act,
R.S.A. 2000,c. M-26, 8.616.;
g) "Development Agreement" means, "development agreement" as referred to in the
Municipal Government Act, R.S.A. 2000, c M-26, ss.650 and 655.;
h) "Development Region" includes the area of land within the municipal limits of the
Municipality's boundaries Identified in Schedule 'A' attached;
i) "Growth" shall mean:
i.
The creation of new lots through Subdivision; and
ii.
The occurrence of Development;
j) "Municipality" means the Town of Taber;
k) "Off-Site Infrastructure" shall mean those necessary growth components and projects
related to water, sanitary, storm water and road infrastructure;
I) "Off-site Levy" means the Off Site Levy imposed pursuant to this Bylaw under the
authority of the Municipal Government Act RSA 2000.C.M-26; and
m) "Subdivision" means "subdivision" as defined in the Municipal Government Act,
R.S.A.200, c. M-26. s. 616.
2.
Name of Bvlaw
2.1
This Bylaw may be cited as the "Off-Site Levy Bylaw".
3.
Imposition of Lew
3.1
There is hereby imposed a levy which shall be known as Off-Site Levy in respect of all
Developable Land;
3.2
The amount of the levy imposed is as calculated in Section 7 of this bylaw, at the rate
established per Section 5;
3.3
The Off-Site Levy will be assessed on all Developable Land within the Development
Region on a per hectare basis as provided in Section 7 of this bylaw, excluding those
portions of Developable Land that are designated pursuant to a Subdivision as:
a) Municipal Reserve, and
b) Environmental Reserve;
TOWN OF TABER
OFFSITE LEVY BYLAW NO. 19-2015
3.4
Unless otherwise agreed upon, the Off-Site Levy is due prior to the issuance of
Subdivision endorsement for the Development Region or the issuance of a Development
permit in relation to the subject parcel.
4.
Off-Site Lew Objects. Principles and Criteria
4.1
Off-Site Levy's collected under this bylaw provide a revenue stream that will assist the
municipality with funding major capital projects. The Town also recognizes Developers
operate in a competitive industry. A successful strategy would be win-win for both
parties, with the community remaining sustainable while being attractive for
development. The Town of Taber shall adhere to the following principles as they relate to
Off-Site Levies:
a) To be transparent with all Developers in project inclusion and application of an Off-Site
Levy:
b) The municipality maintains cost effective and orderly growth;
c) Off-Site Levies are collected to support a future population of approximately 12,000;
d) Development areas that are expected to accommodate growth are outlined in the
attached Schedule 'A' attached to and forming part of this Bylaw;
e) Off-Site Levies collected and interest generated from Off-Site Levies shall be managed
by the Town in accordance with the Municipal Government Act, and used only for the
purpose they were collected;
f) Off-Site Levies collected shall not be used by the Town for maintenance and/or
rehabilitation of existing municipal infrastructure; and
g) Developers remain responsible for municipal infrastructure within the development
areas, as defined in each Development Agreement.
5.
Calculation of Developer Off-Site Rate
5.1
The Off-Site Levy rate will be established by determining the following:
a) Total hectares of Net Developable Area within the municipal boundaries of the Town of
Taber, expressed in hectares; and
b) The capital cost of off-site infrastructure for development.
The Off-Site Levy rate is calculated by:
Total Cost of off-site infrastructure for development $46,340,251.00
Divided by the Net Developable Area
409.11 Ha
5.2
The Off-Site Levy rate is calculated at $113,271/Ha
6.
Estimation of Grant Funding Assistance
6.1
In 2012, the grant funding assistance was calculated by the Town of Taber to
$16,000,000.00 of the total development growth related costs of $46,340,251.00.
TOWN OF TABER
OFFSITE LEVY BYLAW NO. 19-2015
2012 Estimated Grant Funding Assistance $16,000,000
7.
Offsite Lew Rate Allowing for Grant Funding Assistance
7.1
The Offsite Levy rate allowing for grant funding assistance will be established with the
total net costs which include grant funding assistance and the total developable area.
Applying this government funding estimate results in a reduction of the Off-Site Levy as
follows:
Total Costs
$46,340,251.00
Less Grant Funding (estimated)
$16.000,000.00
NET COSTS
$30,340.251.00
Divided by Net Development Area
409.11
2012 Off-Site Levy Allowing for Grant Funding
$74,161.60/Ha
7.2
The Offsite Levy rate allowing for grant funding assistance is $74,161.60/Ha.
7.3
In future reviews, when more data Is available, these calculations may be further refined.
8.
Calculation of Developer Off-Site Lew
8.1
The Off-Site Levy shall be calculated as per the annual Off-Site Levy Rates defined
within Section 7. The Off-Site Levy assessment is a function of Net Development Area
and the Off-Site Levy Rate.
Net Development Area x Off-Site Levy Rate = Assessed Off-Site Levy
9.
Development Agreements
9.1
The entering into of a Development Agreement with respect to other items, the collection
of an Off-Site Levy is hereby authorized;
9.2
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
Municipality and to defer collection of Off-Site Levies imposed pursuant to this Bylaw, to
the Chief Administrative Officer;
9.3
Council may from time to time adopt policies or guidelines for the assistance and
direction of the Chief Administrative Officer in determining which Development and
Subdivision applications shall require a Development Agreement: and
9.4
Where it is determined that a Development Agreement is appropriate for any application
for Development or Subdivision, the applicant or the owner, as the case may be, shall
enter into a Development Agreement with the Municipality and such Development
Agreement shall ensure that:
TOWN OFTABER
OFFSITE LEVY BYLAW NO. 19-2015
a) provision be made for the payment of Off-Site Levies as specified in this Bylaw, or that
provision may be made for the deferring of payment of the Off-Site Levies to a future
time certain or uncertain; and
b) no further Off-Site Levies shall be required to be paid under Development Agreements
that have been previously collected in full in respect to all of the lands which are the
subject of the Development or Subdivision application.
10.
Accounting
10.1
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 or repealed and replaced from time to time.
11.
General
11.1
Nothing in this Bylaw precludes the Municipality from:
a) imposing further or different levies, duly enacted by bylaw, on any portion of the
Developable Lands in respect of which the Municipality has not collected levies;
b) deferring collection of the Off-Site Levy for the stated objects of this Bylaw, on any
portion of Developable Lands in respect of which the Municipality 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 for other Off-Site or Oversize infrastructure constructed by a
developer in calculating and/or collecting levies that become payable pursuant to this
Bylaw.
12.
Bylaw Review
12.1
The Off-Site Levy Bylaw rate calculation will be reviewed and updated no later than
December 31, 2017.
13.
NW Water & Sanitary Sewer Trunks Developer Reimbursement
To reimburse the Town for land acquisition costs, land title costs, survey costs, and other
incidentals associated with the installation of the improvements in the improvement
areas outlined below, the following developer reimbursements will apply on a per acre
(or per hectare) basis:
Area 1 -$106,592
Area 2 - $1,935
To be paid to the Town of Taber prior to approval of a Plan of Subdivision, based upon
total possible subdivision area as determined by the Town of Taber.
Area 1 includes certain lands in the province of Alberta legally described as:
MERIDIAN 4, RANGE 16, TOWNSHIP 10, SECTION 6
TOWN OF TABER
OFFSITE LEVY BYLAW NO. 19-2015
LEGAL SUBDIVISION 14 IN THE NORTH WEST QUARTER CONTAINING 16.2
HECTARES (40 ACRES) MORE OR LESS
EXCEPTING THEREOUT THE ROADWAY ON PLAN 6473 JK CONTAINING .806
HECTARES (1.99 ACRES) MORE OR LESS
EXCEPTING THEREOUT ALL MINES AND MINERALS AND THE RIGHT TO WORK
THE SAME
Area 2 includes certain lands in the province of Alberta legally described as:
MERIDIAN 4, RANGE 16. TOWNSHIP 10. SECTION 6
QUARTER SOUTHWEST CONTAINING 64.7 HECTARES (160 ACRES) MORE OR
LESS
EXCEPTING THEREOUT:
FIRSTLY:
THE NORTH 420 FEET OF THE EAST 1470 FEET OF THE SAOD QUARTER
CONTAINING 14 ACRES MORE OR LESS
SECONDLY:
THE WEST 409 FEET OF THE SOUTH 1384 FEET OF THE SAID QUARTER
SECTION CONTAINING 13 ARECES MORE OR LESS
THIRDLY:
PLAN
NUMBER
HECTARES
ACRES MORE OR LESS
ROAD
692 JK
0.469
1.16
CONDOMINIUM
9610876
0.536
1.324
EXCEPTING THEREOUT ALL MINES AND MINERALS AND THE RIGHT TO WORK
THE SAME
Developer Reimbursement Bylaw 14-2012 and NW Water and Sanitary Sewer Trunks
Developer Reimbursement 5-99 is hereby repealed effective the date upon which this
Off-Site Levy Bylaw 17-2015 is adopted.
14.
Effective Date
This Bylaw shall take force and effect upon the final reading thereof,
RES.522/2015 Read a first time this 23^^^ day of November, 2015.
RES. 571/2015 Read a second time this 21^' day of December. 2015.
RES. 572/2015 Read a third time and finally passed this 21®' day of December. 2015.
TOWN OFTABER
OFFSITE LEVY BYLAW NO. 19-2015
Town of Taber
Chief Ad
infstrative Officer
]
AREA1
1
AREA
0m
LEGEND:
TOWN BOUNDARY
DEVELOPABLE AREA
DEVELOPER REIMBURSEMENT AREA
Engineering Ltd.
TOWN OF TABER
DEVELOPABLE AREA
SCHEDULE A
f
SCALE:
NTS
DATE: JULY 2015
JOB:
1415-015-00
FIGURE:
SCHEDULE A
TOWN OF TABER
BYLAW NO. 2-2016
A BYLAW FOR THE PURPOSE OF REVISING THE TOWN OF TABER OFFSITE LEVY
BYLAW NO. 19-2015 IN ACCORDANCE WITH THE MUNICIPAL GOVERNMENT ACT,
CHAPTER M-26, REVISED STATUTES OF ALBERTA 2000, AS AMENDED
WHEREAS Section 63 of the Municipal Government Act, Revised Statutes of Alberta 2000,
Chapter M-26, as amended, provides that a Council may by bylaw authorize the revision of a
bylaw(s) to correct clerical errors:
AND WHEREAS Section 692(6) of the Municipal Government Act, Revised Statutes of Alberta
2000, Chapter M-26, as amended, provided that a bylaw may be amended without giving notice
or holding a public hearing if the amendment corrects clerical, technical, grammatical, or
typographical errors and does not materially affect the bylaw in principle or substance;
AND WHEREAS on December 21, 2015 Council passed Offsite Levy Bylaw 19-2015 in
accordance with the Municipal Government Act;
AND WHEREAS the Town of Taber deems it proper and expedient to correct the clerical error
and deems that the correction does not materially affect the bylaw in principle or substance;
NOW THEREFORE the Council of the Town of Taber in the Province of Alberta, duly
assembled, hereby enacts as follows:
1. That a portion of the preamble of Offsite Levy Bylaw 19-2015 containing a clerical error
be amended from:
AND WHEREAS it is the intention of Council to repeal NW Water and Sanitary Sewer
Trunks Developer Reimbursement Bylaw 5-99, Developer Reimbursement Bylaw 14-2012,
and Offsite Levy Bylaw 10-2012 effective the date upon which Offsite Levy Bylaw 17-2015
comes into effect;
To:
AND WHEREAS it is the intention of Council to repeal NW Water and Sanitary Sewer
Trunks Developer Reimbursement Bylaw 5-99, Developer Reimbursement Bylaw 14-2012,
and Offsite Levy Bylaw 10-2012 effective the date upon which Offsite Levy Bylaw 19-2015
comes into effect;
2. That a portion of Section 13: NW Water & Sanitary Sewer Trunks Developer Reimbursement
under Area 2 be amended from:
FIRSTLY:
THE NORTH 420 FEET OF THE EAST 1470 FEET OF THE SAOD QUARTER CONTAINING
14 ACRES MORE OR LESS
To:
FIRSTLY
4
THE NORTH 420 FEET OF THE EAST 1470 FEET OF THE SAID QUARTER CONTAINING
14 ACRES MORE OR LESS
3. The remainder of Bylaw 19-2015 is not amended by this Bylaw 2-2016 and remains in
full force and effect.
4. It is the intention of the Town Council that each separate provision of this Bylaw shall be
deemed independent of all other provisions herein and it is further the intention of the
Town Council that if any provision of the Bylaw be declared invalid, ail other provisions
thereof shall remain valid and enforceable.
5. This Bylaw shall take effect on the day of the final passing and the signatures of the
chief elected official and duly authorized designated officer thereof.
RES.28/2016 READ a first time this 25th day of January, 2016.
RES.29/2016 READ a second time this 25'^ day of January, 2016.
RES.31/2016 READ a third time this 25*'^ day of January, 2016.
Mayor^^
Chief Administrative Officer
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