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| BYLAW 5-2022
OF THE
TOWN OF VERMILION
(hereinafter referred to as the "Municipality")
IN THE PROVINCE OF ALBERTA
BEING A BYLAW OF THE TOWN OF VERMILION TO
ESTABLISH AN OFF-SITE LEVY FOR LAND THAT IS TO
BE SUBDIVIDED OR DEVELOPED WITHIN THE TOWN
OF VERMILION
| WHEREAS the Municipal Government Act, RSA 2000, c. M-26, as amended or
repealed and replaced from time to time, permits a Council to impose a levy known
as an off-site levy in respect of land to be developed or subdivided within a
municipality's limits, and to authorize an agreement to be entered into for payment
of the levy;
AND WHEREAS the Municipality has engaged in consultation with
| representatives of the development industry to address and define existing and
future infrastructure requirements of the Municipality with respect to circumstances
| | of the Municipality and the benefits of development;
} AND WHEREAS the Council received advice and reports respecting
upgrades to off-site infrastructure which set out a fair and equitable calculation of
off-site levies in accordance with the Municipal Government Act, RSA 2000, c. M-26,
and Off-Site Levies Alberta Regulation 187/2017 as amended or repealed and replaced
from time to time;
|
| | AND WHEREAS Council has advertised its intention to consider the
provision of this Bylaw pursuant to the requirements of the Municipal Government Act,
RSA 2000, c. M-26, and the Meeting Procedures (COVID-19 Suppression) Regulation as
| amended or repealed and replaced from time to time;
NOW THEREFORE the Council of the Municipality in the Province of
| Alberta, duly assembled, hereby enacts as follows:
|
| 1. Bylaw Title
1.1 This bylaw shall be cited as the Town of Vermilion "Off-Site Levy Bylaw."
| 2. Definitions
| 2.1 The following terms shall have the following meanings in this Bylaw:
| a) "Bylaw" means this off-site levy bylaw established by the
Municipality;
b) "Chief Administrative Officer" means the Chief Administrative
Officer for the Town, regardless of the specific title that may be
conferred on that Officer by Council from time to time;
| c) "Council" means the Council for the Town of Vermilion;
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;
1 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
|
}
|
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| Bylaw, and in respect of which off-site levies for the same services
have been paid.
| |
||
fy "Development" means "development" as defined in the Municipal
Government Act, R.S.A. 2000, c. M-26, s. 616, as amended or repealed
and replaced from time to time.
|
|
| 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, as amended or repealed and replaced from time to
time.
| h) "Development Region" includes the area of land within the
municipal boundaries of the Municipality identified in Schedule 'B',
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 Vermilion.
| k) "Off-Site Infrastructure" shall mean those components and
projects referred to in the reports, in relation to water facilities,
sanitary sewer facilities, storm water facilities and arterial
| roadways;
|
| 1) "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, as amended or repealed and replaced from time to
time;
m) "Off-Site Levy Framework Policy" means the policy referred
to as Schedule 'C' which outlines when and how levies are assessed.
| n) "Off-Site Levy Model" means the macro enabled excel
workbook that generates the new off-site levy rates for each year.
| 0) "Off-Site Levy Report" means the supporting document for the
road, water, sanitary, and stormwater off-site levy infrastructure
costs.
| p) "Subdivision" means "subdivision" as defined in the Municipal
Government Act, R.S.A. 2000, c. M-26, s. 616, as amended or repealed
and replaced from time to time.
}
| 3. Imposition of Levy
3.1 There is hereby imposed a levy which shall be known as an Off-Site Levy in
respect of all Developable Land.
| 3.2 The amount of the Off-Site Levy imposed is as calculated in Schedule 'A'.
|
| 3.3 The Off-Site Levy is comprised of the off-site infrastructure, and pursuant
| to the calculation details contained in this Bylaw, the Off-Site Levy Model,
| and the Off-Site Levy Report.
1]
|
3.4 The Off-Site Levy will be assessed on all Developable Land within the
. vy P
1] Development Region on a per acre basis as provided in Schedule 'A' of this
| | Bylaw, excluding those portions of Developable Land that are identified as:
| |
] | a) Environmental Reserve;
|
| b) Municipal Reserve; and
|
}
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c) Road right-of way; and
| d) Town owned land used for municipal purposes.
3.5 Unless otherwise agreed upon, the Off-Site Levy is due prior to the
endorsement of subdivision approval for the development region or the
issuance of a development permit in relation to the subject parcel.
4, Objects, Principles and Criteria
| 4.1 The objects, principles and criteria of the Off-Site Levy shall be in
accordance with the following:
a) This Bylaw creates an Off-Site Levy to provide funds for the
| construction of off-site infrastructure required for growth.
| |
b) Development in growth areas through Off-Site Levies will provide
the capital that will fund the infrastructure required for growth.
| Those who benefit from the infrastructure, which is defined by all
}] developable land in the development region, should share
| proportionally, on a per hectare basis, in related costs.
|
| c) Provision of off-site infrastructure by developers of developable
| | land will not create an advantage or penalty due to the time or
| location of development.
d) Off-Site infrastructure will be provided to maintain sustainable,
| cost effective and orderly growth.
| e) The calculation of the Off-Site Levy should be an open and
I
| transparent process.
| f) All funds collected from the Off-Site Levy will be credited to a
separate and distinct, identifiable off-site levy account, which may
be invested as per the Municipality's Investment Policy until used
| for the construction of the specified off-site infrastructure. The
management of the Off-Site Levy account should be an audited
| process, with reports available to the public and industry.
\| g) The Off-Site Levy will help allow the Municipality to recover the
cost of infrastructure required for growth:
| i. Using financing strategies that remain sustainable;
|
ii. Facilitating development by reducing risk on early
developers and ensuring future developers share the costs
of the facilities from which they benefit; and
iii. Promoting cost effective and orderly development.
] h) The Off-Site Levy will help promote orderly development by:
i. Providing off-site infrastructure, once the appropriate
planning is in place, and when warranted in development;
and
| ii. Providing infrastructure for contiguous development.
| i) The Off-Site Levy will help create a transparent process by:
| i. Providing opportunity for industry input into the levy, its
definition and administration;
ii. Conforming with the Municipal Government Act, R.S.A. 2000,
. c. M-26, and Off-Site Levies Alberta Regulation 187/2017 as
amended or repealed and replace from time to time; and
iii. Providing reports on the Off-Site Levy.
) The Off-Site Levy will help create a clear process for calculation of
|
the rate, levies and credits by:
| i, Creating consistent and predictable levies and credits;
|
| |
| |
|
i }
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| ii. Creating predictable and stable levies over time; and
ili. Documenting a process for establishing the levy rate.
5. Development Agreements
| 5.1 The entering into of a development agreement with respect to, amongst
| other things, the collection of an Off-Site Levy is hereby authorized.
| 5.2 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 or waive collection of
Off-Site Levies imposed pursuant to this Bylaw, to the Chief Administrative
| Officer.
| 5.3 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.
5.4 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:
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 for lands, which are the subject of the
| development or subdivision application, that have been previously
i] imposed Off-Site Levies and which have been collected in full.
i
| 6. Accounting
] 6.1 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 replace
| from time to time.
| 7. General
| 7.1 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 Off-Site 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 imposed Off-Site Levies, including requiring
| security for payment of such deferred Off-Site Levies; or
c) reducing or forgiving payment of the Off-Site 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 the Off-Site Levies that become
payable pursuant to this Bylaw.
] | This Bylaw shall take effect and come into force effective after final reading and
| signature thereof by the Chief Elected Official and Chief Administrative Officer, or
1} their authorized delegates.
|
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Bylaw No. 3-2020 is hereby repealed.
|
| READ A FIRST TIME IN COUNCIL THIS a | DAY OF | if ux? :
A.D. 2079).
MAYO CHIEF ADMINISTRATIVE OFFICER
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| PUBLIC HEARING HELD ON THIS \A DAY OF huis , A.D. 2022.
| c *
| READ A SECOND TIME IN COUNCIL THIS DAY OF \ , A.D. 2022.
MAYQR CHIEF ---- OFFICER
READ/A THIRD Lf. THIS _\ \_ DAY OF huey , A.D. 2022.
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MAYO CHIEF a =
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