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VULCAN COUNTY
Vulcan - Alberta
BYLAW 2017-027
Being a bylaw of Vulcan County, in the province of
Alberta, to authorize a Community Aggregate
Payment Levy for road construction improvements on
Lands within Vulcan County for Aggregate Mining
Development by a developer or corporation;
WHEREAS the Municipal Government Act, Section 409.1 authorizes any
municipality to pass a bylaw imposing a Community Aggregate Payment
Levy that authorizes the council to impose a levy in respect of all sand
and gravel businesses operating in a municipality to raise revenue to be
used toward the payment of infrastructure and other costs in the
municipality.
AND WHEREAS development of aggregate mining lands will require the
upgrading of road infrastructure or greater maintenance requirements
than would otherwise be necessary and that such upgrading or greater
maintenance is required during the lifetime of the development;
AND WHEREAS the Council of Vulcan County deems it just and
reasonable that the impact created by the mining industry on road
infrastructure within the development area be offset by the collection of
funds to build, upgrade and maintain road infrastructure;
NOW THEREFORE the Council of Vulcan County, in the Province of
Alberta, duly assembled enacts as follows:
1.
Title
This Bylaw shall be known as the "Vulcan County Community Aggregate
Payment Levy Bylaw".
2.
Definitions
a)
"Aggregate" means gravel, sand, marl, clay or shale, individually
or in combination with two or more such materials;
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b)
"Aggregate Mine" means the location where aggregates are
excavated from the Land and includes the crushing, processing (includes
the mixing of asphalt) and removal of the materials from the Land;
c)
"Aggregate Mining" means the excavating and removal of
Aggregates from the Land and includes the crushing, processing
(includes the mixing of asphalt) and removal of the materials from the
Land;
d)
"Capital Costs" means the 'capital costs as referred to in Section
648 of the Municipal Government Act;
e)
"Conversion Rate" means
i) 1 cubic metre = 1.365 tonnes for sand, and
ii) 1 cubic metre = 1.632 tonnes for gravel,
where 1 cubic metre is equal to 1.308 cubic yards;
f)
"County" means Vulcan County;
g)
"Crown" means the Crown in right of Alberta or Canada;
h)
"Development" means 'development' as defined in the Municipal
Government Act;
i)
"Development Area" means those various areas of Lands within
Vulcan County;
j)
"Lands" means the private title lands in accordance with the
Land Titles Act, as amended;
k)
"Levy" means the Community Aggregate Payment Levy imposed
pursuant to the Bylaw under the authority of the Municipal Government
Act;
l)
"Municipal Government Act" means the 'Municipal Government
Act being RSA 2000 cM-26, as amended;
m)
"Operator" means the person engaged in extracting aggregates
for shipment;
n)
"Roads" means new or expanded roads required for or impacted
by Aggregate Mines identified within the development area;
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o)
"Shipment" means movement of aggregates from the Aggregate
Mine;
3.
Objective
The object of this Bylaw shall be to establish the authority to levy and
collect funds to be allotted towards financing of the cost of:
a)
New or expanded roads required for or impacted by aggregate
mining;
b)
The acquisition of related lands as required;
c)
The maintenance of the road network serving aggregate mines.
4.
Application
A Community Aggregate Payment Levy shall be imposed upon the
following lands:
a)
All lands within the Development Area upon which aggregate
mining takes place after the date of passing of this Bylaw, or:
b)
All lands within the Development Areas for which aggregate
mining approval is obtained after the date of passing of this Bylaw.
5.
Recording
a)
Each Operator shall record on a daily basis, in tonnes, the total
amount of aggregate that is shipped from each of their aggregate mines.
b)
Within fourteen (14) days of December 31st and June 30th of
each calendar year, every Operator shall report to the County the total
amount in tonnes of aggregate shipped from each of their aggregate
mines in the previous six calendar months.
c)
All tonnage reports will be submitted on the form attached as
Schedule "A".
d)
Where an operator is unable to provide a measurement of
weight for the amount of aggregate in a shipment, the Operator must
use the conversion rates set out in 2(e) above to record shipments, in
tonnes, for the purpose of reporting under Subsection 5(b) above.
e)
The total tonnage subject to the collection of the Community
Aggregate Payment Levy will be an agreed tonnage between the County
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and the Operator or Aggregate Mining Industry prior to February 28 of
each year and will be supported by semiannual tonnage reports as
outlined in 5(b) submitted to the County.
6.
Addresses
A person who purchases an aggregate mining business or in any manner
becomes liable to be shown on the aggregate shipped tonnage roll as
liable to pay a levy must give Vulcan County written notice of a mailing
address to which notices may be sent.
7.
Notices
a)
The County shall mail to each Operator a notice stating the
amount of the Community Aggregate Payment Levy within thirty (30)
days of December 31st and June 30th of each calendar year setting out
the amount of the Levy payable by the Operator.
b)
Each Operator shall pay to the County the amount shown on the
Levy Notice within forty-five (45) days of the issuance of the levy notice.
8.
Levy
The Community Aggregate Payment Levy shall be $0.25 per tonne of
aggregate shipped.
9.
Exceptions
a)
No Levy shall be imposed on aggregate shipped from an
aggregate mine if the shipment is from a pit owned or leased by the
Crown, Vulcan County, or another municipality for a use or project that
is being undertaken by or on behalf of the Crown, Vulcan County, or
another municipality.
b)
No Levy shall be imposed on shipments of aggregate that are
required pursuant to a road haul agreement or development agreement
for construction, repair, or maintenance of roads identified in the
agreement that is necessary to provide access to the pit from which the
aggregate is extracted.
10.
Default
a)
If an Operator is in default of fulfilling the requirement to pay
the community aggregate levy under this bylaw, the County, on notice
of the default, may impose penalties in addition to the principal amount
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owing as per the specific community aggregate levy notice as set out in
schedule "B", as amended by Council from time to time.
b)
If an Operator is in default of fulfilling the requirement to report
aggregate shipments under this bylaw in accordance with the stated
deadlines, the County, on notice of the default, may impose fines in
addition to any other outstanding amounts under this bylaw as set out
in schedule "B", as amended by Council from time to time.
11.
Mine Closure
The Levy shall be imposed on lands upon which aggregate mining is
occurring until written notification is received by the County that the
aggregate mining has been terminated or completed within the
boundaries of the aggregate mine.
12.
Interest
The interest earned upon funds collected by the Levy will be retained by
the County.
13.
Refunds
There will be no refunds on collected levies.
14.
Effective Date
This bylaw shall take effect on January 1, 2018.
Bylaw 2006-016 is hereby rescinded.
Received first reading this 16th day of August, 2017
[original signed]
________________________________
Jason Schneider, Reeve
[original signed]
________________________________
Nels Peterson, CAO
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Received second reading this 16th day of August, 2017
[original signed]
________________________________
Jason Schneider, Reeve
[original signed]
________________________________
Nels Peterson, CAO
Presented for unanimous consent of Council to proceed to third reading
this 16th day of August, 2017
[original signed]
________________________________
Jason Schneider, Reeve
[original signed]
________________________________
Nels Petersen, CAO
Received third reading and finally passed this 16th day of August, 2017
[original signed]
________________________________
Jason Schneider, Reeve
[original signed]
________________________________
Nels Peterson, CAO
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Schedule "A"
Sand and Gravel Shipments Semi Annual Report
This report must be received by Vulcan County within fourteen (14) days of December
31st and June 30th of each calendar year. A separate report must be submitted for each
pit from which an operator has shipped sand or gravel in the reporting period.
Total sand and gravel shipped form this mine (in tonnes):
(1)
Shipments exempted from Community Aggregate Levy
Total sand and gravel shipped from this pit pursuant to Government of Alberta
Projects(s) in the reporting period (in tonnes):
(2)
Total sand and gravel shipped from this pit to a project being completed by or for the
County in the reporting period (in tonnes):
(3)
Total sand and gravel shipped form this pit to a project being completed by or for
another municipality in this reporting period (in tonnes):
(4)
Total exempted shipments (2+3+4):
(5)
Total shipments subject to the Community Aggregate Levy (1-5):
The weight of sand and gravel in individual shipments may be estimated if weigh scales are unavailable.
The conversion rates to be used in estimating the tonnage are as follows:
1 cubic meter = 1.365 tonnes for sand
1 cubic meter = 1.632 tonnes for gravel
Where 1 cubic meter = 1.308 cubic yards
Name of Operator
Mailing Address of Operator
Telephone Number
Fax Number
Email Address
Location of Aggregate Mine
Reporting Period
Name of Land Owner
where this Pit is located
Telephone Number
Fax Number
Email Address
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Schedule "B"
Penalties and Fines
LATE PAYMENT PENALTIES
A penalty of 16% shall be added to the current levy that remains unpaid after the forty-five (45)
calendar days of the date of issuance of a levy notice.
A penalty of 16% shall be added to any levy that remains unpaid on the anniversary of the due
date specified in 7.b).
FINES
Failure to report shipments by the due date specified in 5.b) will result in a $500 fine.
A second or subsequent failure to report shipments by the due date specified in 5.b) within a
twenty-four (24) month period will result in a $1,000 fine.