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Town of WESTLOCK Bylaw 2023-10
Province of Alberta
BEING A BYLAW OF THE TOWN OF WESTLOCK IN THE PROVINCE OF ALBERTA FOR THE
PURPOSES OF ESTABLISHING OFF-SITE LEVIES.
WHEREAS, Section 648 of the Municipal Government Act authorizes council to pass a
bylaw to:
(a) Provide for the imposition and payment of an Off-Site levy in respect of land
within the municipality that is to be developed or subdivided, and
(b) Authorize an agreement to be entered into in respect of the payment of the levy.
WHEREAS, the Municipal Government Act provides that an Off-Site Levy may only be
used to pay for all or partial portions 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 storm sewer drainage facilities;
(d) new or expanded storm drainage facilities;
(e) new or expanded roads required for or impacted by subdivision or development;
(f}) subject to the regulations, new or expanded transportation infrastructure
required to connect, or to improve the connection of, municipal roads to
provincial highways resulting from a subdivision or development;
(g) land required for or in connection with any facilities described in clauses (a) to
(e).
WHEREAS, the Council of the Town of Westlock finds that sharing the benefits of
development equally across the Development Region is the most effective and efficient
way to achieve both the orderly, economical, and beneficial development, use of land and
patterns of human settlement and the maintenance and improvement of the quality of
the physical environment.
WHEREAS, the bylaw was advertised in accordance with Section 606 of the Municipal
Government Act and the Town of Westlock Advertising Bylaw 2021-02.
NOW THEREFORE, the Municipal Council of the Town of Westlock in the Province of
Alberta, duly assembled, in accordance with the Municipal Government Act, C.M-26, RSA
2000, as amended, HEREBY ENACT AS FOLLOWS:
BYLAW TITLE
1. This Bylaw may be cited as the "Off-Site Levy Bylaw.'
WA Page 1 of 8
Town of WESTLOCK Bylaw 2023-10
Province of Alberta
DEFINITIONS
2. In this Bylaw, unless the context otherwise requires:
(a) "Bylaw" means Off-Site Levy Bylaw 2023-10;
(b} "Chief Administrative Officer" means the chief administrative officer for the
Town, regardless of the specific title that may be conferred on that officer
from time to time;
(c) "Council" means the elected council for the Town of Westlock;
(d) "Development Region" means the benefitting area shown on the map shown
attached in Appendix B.
(e) "Growth" is the creation of new serviced residential, commercial, or industrial
lots from previously un-serviced land.
(f) "Off-Site Levy" means the Off-Site Levy for each of the water, sanitary sewage,
storm sewage or roadways imposed and collected pursuant to this Bylaw.
(g) "Development Area" means the area remaining after deletion of the following
lands from the Gross Development Area.
i. Previously developed lands for which Off-Site Levies have already
been paid;
ii. Road rights-of-way for roadways as designated by the Town;
iii. | Environmental Reserves as defined in the Municipal Government Act;
iv. Municipal Reserves as defined in the Municipal Government Act;
v. Municipal and School Reserves as defined in the Municipal
Government Act;
vi. Oil and gas pipeline rights-of-way and facilities necessary for the
operation of the pipeline; and
vii. Railway rights-of-way.
(h) "Town" means the municipal corporation of the Town of Westlock or the
geographical area within the municipal boundaries of the Town of Westlock,
as the context may require.
(AS 2 of 8
Town of WESTLOCK Bylaw 2023-10
Province of Alberta
RATES OF OFF-SITE LEVIES
3. For the purposes of calculating and imposing Off-Site Levies the Town is a single
Development Region as shown in Appendix B.
4. The Off-Site Levy rates shown in Appendix A are applicable to the Development
Region as shown in Appendix B.
5. The Off-Site Levy rates shown in Appendix A shall be reviewed at least every five
years to ensure the rates reflect actual construction costs and are adjusted for
inflationary increases.
6. The methodology, assumptions, process, calculation, and management are
described in the background report attached as Appendix C.
IMPOSITION OF OFF-SITE LEVIES
7. An Off-Site Levy shall be imposed on each hectare of Development Area within the
Town at the time an approval is given for the subdivision of the land or on the
date a Development Permit is approved for development on the land.
8. An Off-Site Levy is not imposed on land for which an Off-Site Levy has been
previously paid.
9. An Off-Site Levy is not imposed for the subdivision or development of land, where
the subdivision or development does not significantly increase the burden of off-
site infrastructure, as determined by the Chief Administrative Officer.
10. Any additional exemption requested from an imposed Off-Site Levy is at the sole
discretion of Council.
11. An Off-Site Levy is deemed to have been imposed whether or not the imposition
of the Off-Site Levy is made a specific condition of a subdivision approval or
development permit.
AUTHORITY OF THE CHIEF ADMINISTRATIVE OFFICER
12. The Chief Administrative Officer is delegated the authority to enforce and
administer this Bylaw, including, but not limited to the authority to:
ft Page 3 of 8
Town of WESTLOCK Bylaw 2023-10
Province of Alberta
i. Enter into Agreements on behalf of the Town with respect to, among
other things, the collection of Off-Site Levies;
ii, Refer decisions on the deferral of Off-Site Levies beyond their
authority to Council, for their consideration; and
iii. | Delegate the authority to enforce and administer this Bylaw.
TRANSITION
13. This Bylaw applies to any:
i. Subdivision approved on or after the date this Bylaw comes into force, and
ii. Development where the issuance of the development permit occurs on or
after the date this Bylaw comes into force.
SEVERABILITY
14. Should any provision of this bylaw be invalid, then such invalid provision shall be
severed, and the remaining bylaw shall be maintained.
REPEAL
15. Bylaw No. 2017-02 is hereby repealed.
16. Any Off-Site Levies imposed under previous Bylaws but not yet paid shall continue
to be imposed and collected as though the Bylaw under which they were enacted
was never repealed.
EFFECTIVE DATE
17.This Bylaw shall come into full force and effect upon third and final reading.
(L. Page 40f 8
Town of WESTLOCK Bylaw 2023-10
Province of Alberta
READ a first time this 10" day of July 2023.
READ a second time this 10" day of July 2023.
UNANIMOUS CONSENT for third reading on this 10° day of July 2023.
READ a third and final time and passed this 10" day of July 2023.
Signed by Mayor and CAO this 10" day of July 2023.
Ralph Lerifer, MAYOR Simone Wiley, CAO
(tes of 8
Town of WESTLOCK Bylaw 2023-10
Province of Alberta
APPENDIX A -- OFF-SITE LEVY RATES
The table below provides the Off-Site Levies that will be effective as of the passing of this
bylaw.
Off-Site Levy Infrastructure Type Proposed Rate Per Hectare
Transportation* -
Water $35,541.67
Sanitary $24,862.50
Stormwater $15,769.24
Total $75,996.08
*Any proposed development will require the developer to include transportation as part of
the development to the town's existing network. No roadway upgrades or intersection
upgrades are required at this time and no rate will be included.
Page 6 of 8
Town of WESTLOCK Bylaw 2023-10
Province of Alberta
APPENDIX B -- Development Region Map
Development Region
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_--_--a Ce ee ee ee |
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= Highways
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Produced: 3023 '06/o7, OfSeeLesyy'D Rageate
Town of WESTLOCK Bylaw 2023-10
Province of Alberta
APPENDIX C -- Background Report
Page 8 of 8
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Site Levy Background <<
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Prepared by McElhanney
Address
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Our file: 2531-676-01-00 / ' E
Our Fite: 2531-676-01-00
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Our File: 2531-676-01-00
1. Introduction
In accordance with the Municipal Government Act (MGA), Bylaw No. 2017-02 was adopted by the Town
of Westlock ('the Town') in 2017. Bylaw 2017-02 defines off-site levy charges for roads, water, and
Sanitary sewer infrastructure in the municipality. The Town wishes to update this bylaw, having
consideration for recently adopted master plans, and ensuring updated costs are reflected through newly
calculated off-site levy rates.
This report is intended to provide rationale for the methodology used in deriving the off-site levy rates
proposed through the Bylaw 2023-10 the new Off-Site Levy Bylaw.
Our File: 2531-676-01-00
2. MGA Legislation
The Municipal Government Act (MGA) is the provincial legislation that governs the conduct of
municipalities. The MGA provides the rules or laws that municipalities must follow in undertaking its
function as a municipal government. The MGA includes the rules and regulations the empower the
imposition or collection of off-site levies for a municipality. Specifically, Section 648 of the MGA states:
(1.1) For the purposes referred to in subsections (2) and (2.1), a council may by bylaw:
a. Provide for the imposition and payment of a levy in respect of land that is to be developed
or subdivided, and
b. Authorize an agreement to be entered into in respect of the payment of a levy.
(1.2) | A bylaw may not impose an off-site levy on land owned by a school board that is to be developed
for a school building project within the meaning of the Education Act.
(2.0) An off-site levy may be used only to pay for all or part of the capital cost of any or all the following:
(a.) New or expanded facilities for the storage, transmission, treatment or supply of water;
(b.) New or expanded facilities for the treatment, movement, or disposal of sanitary sewage;
(c.) New or expanded storm sewer drainage facilities;
(c.1) New or expanded roads required for, or impacted by a subdivision or development;
(c.2) Subject to the regulations, new or expanded transportation infrastructure required to
connect, or to improve the connection of municipal roads to provincial highways
resulting from a subdivision or development; and
(d.) Land required for or in connection with any facilities described in clauses (a) to (c.2).
(2.1) In addition to the capital cost of facilities described in subsection (2), an off-site levy may be used
to pay for all or part of the capital cost for any of the following purposes, including the cost of any
related appurtenances and any land required for or in connection with the purpose:
(a.) New or expanded community recreation facilities;
(b.) New or expanded fire hall facilities;
(c.) New or expanded police station facilities; and
(d.) New or expanded libraries.
In addition to the section noted above, the MGA and the Off-Site Levy Regulations require that there be a
correlation between the levy and impacts of new development, that the method of calculation is clear, that
the information used in the levy calculation is kept current, and that the levies are determined in
consultation with affected stakeholders.
The MGA allows municipalities to charge for each type of infrastructure separately and over time. This
permits municipalities to collect levies for a development area that has already paid levies if the levy
being imposed is for a different type of infrastructure.
an
Our File: 2531-676-01-00
3. Guiding Principles
The following principles provide guidance for interpretation of the Bylaw and form the basis of the
provisions.
1. Development in new growth areas and undeveloped parcels will provide the capital that will fund
the infrastructure required for growth using off-site levies. Those who benefit from the
infrastructure, which is defined as all those within the development region, should share
proportionally, on a per hectare basis, in its costs. These projects provide service extensions to
specific new neighbourhoods or create capacity for entire sectors of the town.
2. Provision or the providing of off-site infrastructure will not create an advantage or penalty due to the
time or location of development. Thus, off-site levies should remain constant over time, the bylaw
and its rates should be reviewed in five years from the date of bylaw adoption.
3. The off-site levy is applicable community-wide (Development Region), some of the areas may not
have direct costs associated with improvements, the expectation is that their development will
support the community in its entirety and that the growth areas for development will be the same,
regardless of the specific infrastructure that will be needed.
4. The Council of the Town of Westlock finds that sharing the benefits of development equally across
the Development Region is the most effective and efficient way to achieve both the orderly,
economical, and beneficial development, use of land and patterns of human settlement and the
maintenance and improvement of the quality of the physical environment.
5. Infrastructure will be provided to maintain cost effective and orderly growth. Decisions regarding
what is considered cost effective and orderly growth are not made through the off-site levies but
are determined through the planning process by Town Council. Thus, development that is not
contiguous with existing development that requires the extension of services across undeveloped
land, will not be funded by the off-site fund without additional justification, negotiation, and approval
by Town Council. This may include funding by the developer.
6. The calculation of the levy is clear and reasonable and is completed in compliance with the
Municipal Government Act. Full and open disclosure of all off-site levy costs and payments will be
made annually.
Our File: 2531-676-01-00
4. Development Region
The selection of the Development Region is based on the concept that the beneficiary of development is
the lot owner. The benefit received is access to water, sewer, storm, and road infrastructure. Regardless
of where in the community a site is located, the benefit is the same and proportional to the area
developed.
Administratively a single development region is more transparent to all parties, less complicated and
requires less effort to manage. The off-site levy rates for each component are set using multiple
assumptions used to forecast the off-site levy cash flow. Figure 1 indicates the Development Region for
the Town of Westlock OSL Bylaw.
(H,
Our File: 2531-676-01-00
Figure 1: Map of Development Region for Bylaw 2023-10
Development Region
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Our File: 2531-676-01-00
J. Methodology & Calculation
5.1. METHODOLGY FOR RATE DETERMINATION
The Town of Westlock engaged McElhanney Ltd. to calculate the off-site levy rates. The 2023 Off-Site
Levy Bylaw utilizes a cash flow project model. The model uses assumptions for growth, interest &
financing rates, and inflation to determine the levy. The off-site levy was developed using a town-wide
(Development Region) levy calculation. Figure 2 shows the total development area included within the
levy. A town wide (Development Region) levy calculation states any development within the area shown
in Figure 2 is applied the same rate. Table 1 shows the infrastructure type included within the levy.
Table 1: Off-Site Levy Rates
Off-Site Levy Infrastructure Type Proposed Rate Per Hectare
Transportation* | :
| Water a | . $35,541.67
| Sanitary -- _ | $24,862.50 |
Stormwater | ; $15,769.24
~ 'Total i $75,996.08 |
*Any proposed development will require the developer to include transportation as part of the .
development to the town's existing network. No roadway upgrades or intersection upgrades are required
at this time and no rate will be included.
5.2. OFF-SITE LEVY CALCULATION
Development Calculation:
The following calculation shall be used to calculate levies that apply to any development areas.
Development Levy Calculation = Development Area (Ha) X Offsite Levy Rate
| co
Our File: 2531-676-01-00
Figure 2: Reduced build -out area utilized for the caiculation of the rate.
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~ Reduced Build-Out Area | Yj, | Yoda YUM
; NE 6-60-26-W4 NW 5-60-26-W4 OA EL LE ESRB Hy we | NW 4-60-26-W4 "i RE zh4" ff
SE 6-60-26-W4 ete SE $-60-26-w4 SW 4-60-26-W4 SE 4-4}- 26 /) f é /
Ee ee 18 -- ----
NE 31-59/26.w4 NW 32-59-peew NE 32-59-26-W4 GUMMY Oe A
j i / j der FATT? ' --") Offsite Levy Area
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Our Fite; 2531-676-01-00
6. Infrastructure Included in the Off-Site Levy Program
6.1. WATER DISTRIBUTION SYSTEM
The water distribution network of the main pressure zone is an interlinked network of pipes that together
provides the necessary system water pressure, fire flow distribution and water flow to fill all water storage
reservoirs in the Town. Improvements in this infrastructure category will enhance the water flow to those
developments within the main distribution network and will also provide the necessary water flow to fill the
reservoirs. As a result, any water distribution improvements that enhance the main water network provide
benefit to all new developments and allow developments to connect to existing infrastructure. Only
projects noted as improvements or enhancements are included within the off-site levy are noted. The
projects included below are new service mains to the development areas as shown in Figure 3.
Table 2 lists the anticipated project, provides a quick description of the work and the estimated cost.
Additional information for the project can be found in the 2022 Distribution Water Master Plan.
Table 2: Water Distribution Projects included in rate.
Project 2023 Updated OSL/ Developer
4 Project Description Projects Developer Costs (Leviable
Update Share (%) Costs)
350 mm watermain servicing NE % Sec. 5- 6
Zz 60-26 W4M $1,740,000 100.0% $1,740,000
300 mm watermain servicing FBO areas
east of $2,925,000 100.0% $2,925,000
Highway 44 and north of Highway 18
350 mm watermain servicing FBO areas
10 east of $2,175,000 100.0% $2,175,000
Highway 44 and south of Highway 18
300 mm watermain servicing NW % Sec.
11 32-59-26 $1,690,000 100.0% $1,690,000
W4M
po 88,530,000 | S_--88, 530,000
Our File: 2531-676-01-00
Figure 3: Water Distribution Projects
Water Distribution Projects; YY aT |
NE 6-60-26-4 Westlock NW $-60-26-W4 LL bata ( if, f NW 4-60-26-W4 ae eA 6b zy Ve, fy
SE 6-60-26-W4 te SE 5-60-26-w4 SW 4-60-26-W4 SE +5026 EA J |
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NE 31:59°26-W4 NW me ; : NE 32-59-26-W4 J healed L LLLLLLL LMebbbAh LL fr é ;
t ; - ; _ Sei' 7 /V> 5G == Proposed Water Main
| F ' ; : VSS, fT ) Offsite Levy Area :
o a2 o4 06 cor as : ; | |
--_ a nt
* "
Our File: 2531-676-01-00
6.2. SANITARY COLLECTION SYSTEM
Due to the nature of sanitary collection systems, the capacity of the various sections of the system can be
allocated to development zones. When mains within the Town's existing collection system are extended,
twinned, or replaced to provide additional capacity, the Town undertakes, or frontends these upgrades
and recovers the costs through an off-site levy.
Table 3 lists the anticipated project, provides a quick description of the work and the estimated cost.
Additional information for the project can be found in the 2020 Sanitary Sewer Master Plan.
Table 3: Sanitary Collection Projects included in rate.
---- = 2023
Developer
Project ID Project Description Borers obec lope! Costs {Leviable
rojects Share (%) C
osts)
Update
New 450mm NE 1/4 5-60-26 W4M $630,000 50.0%
_ $315,000
New 1050mm Outfall $4,500,000 50.0% aa
: $2,250,000
East Main (NE 1/4-4-60-26-4) 300mm $1,158,000 100.0% $1,158,000
| 4 | East Main (NE 1/4-4-60-26-4) 450mm $455,000 100.0% $455,000
| 5 __| South Main (NE 1/4-4-60-26-4) 300mm $579,000 100.0% $579,000
375 mm Diameter Sanitary Sewer
Connecting to Existing Sanitary $1,210,000 100.0% $1,210,000
Sewer at 104 Ave and 93 St
pT 58,532,000) S«dSSs«8 8,967,000
Our File: 2531-676-01-00
Figure 4: Sanitary Projects
KR SE 7 60-26-W4 7 cere ene Manes ; SS --« -- |
Inset Map if MIL Tl TN -
e e J } a 2 a a a A ZY BP I ar aa ae ay :
| Sanitary Projects Yi, |
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if ] | ) Offsite Lew Area
7 a: : t es O8 Kbemetrry ; ; .
_ i re ge eT
= .
Our File: 2531-676-01-00
6.3. STORM COLLECTION & STORAGE SYSTEM
Due to the nature of storm collection systems, the capacity of the various sections of the system can be
allocated to development zones. When mains within the Town's existing collection system are extended,
twinned, or replaced to provide additional capacity, the Town undertakes, or frontends these upgrades
and recovers the costs through an off-site levy. Additional upgrades required to Storm Ponds are also
included as part of the Levy.
Table 4 lists the anticipated project, provides a quick description of the work and the estimated cost.
Additional information for the project can be found in the 2017 Storm Sewer Master Plan.
Table 4: Storm Collection Projects included in rate.
Developer
Project ID Project D 'oti oon yee OSL/Developer Costs |
rojec rojec escrnption rojects Share (%) (Leviable
Update C
osts)
Future Development in Westgate
3a and Greenfield Estates - Minor $1,803,954
; System Upsize 100.0% | $1,803,954
Future Development in Westgate
3b and Greenfield Estates - Pond G $1,740,268
5 |PondH s|S_«$2,003,202 12.0% | $240,395
sara 88,784,617
l 4
Our File: 2531-676-01-00
Figure 4: Stormwater Projects
_ Storm Water Projects | ty \ UYyyy YY sy
W/ westlock Sih ttf Af, SISOS Es
NE 6-60-26-W4 NW 5-60-26-W4 (AL, AE560-264i4- LAY NW 4-60-26-14 an HEA se wi f,
SE 6-60-26-W4 SW S-60-26-W4 SE 5-60-26-W4 SW 4-60-26-W4 SE 4-60-26 7 PA é
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#3B Ditch Improvements |
| . si " me ee tien 36 bitch improvements [) Offsite Levy Area
L . Pradeced. por], ot, 05, Ob Saebere
P\ 14
Our File: 2531-676-01-00
7. Engagement on Rates
The Town provided the developers, landowners, real estate agencies, and the public with the
opportunity to provide feedback from May 19", 2023, to June 9'", 2023. Opportunities for engagement
were provided through the following mechanisms:
e Off-Site Levy Review Webpage
A webpage was created for the project where participants had the ability review project
information and provide their feedback through the online survey link. The website received eight
unique page views. The average time spent on the webpage was 6 minutes, 55 seconds.
e Town Administrative Office Engagement Boards
Project information display boards were created and displayed in the Town Office, where
participants were invited to provide their feedback on the proposed rate.
e Targeted Emails
Town Administration sent emails to two real estate agencies and 3 landowners/developers in
town.
e Regular Mail
On May 19, 2023, Town Administration mailed letters to twelve landowners and two real estate
agencies.
Participation was limited, no comments or survey feedback was provided on the project, or on the
proposed rates.
Figure 5: Engagement Display Boards
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Our File: 2531-676-01-00
8. Municipal Comparison
A review of similar municipalities off-site levy rates was completed, the below table includes the results of
that review.
Municipality Name Pop. Infrastructure Year Rate
Town of Lamont 1,744 | No Bylaw
Town of Slave Lake ' 6.836 | Water, Sanitary, | 2016 | $21,373/ha
| - Storm
|
"Town of Morinville | '10, | Water, Sanitary, | 2018 $61,406-$148,502
| 385 | Storm, Road | (Depending on area)
Town ofGibbons --=--«3,218 ~~ Water, Sanitary 2008 | $21,542 - 41,178 |
"Town of St.Paul ---=| «5,863 Water, Sanitary, | 2009 | $51,789
| Storm | |
Town of Barrhead 4,320 | Water, Sanitary, | 2003 * Based on development type
Storm
Town of Drayton Valley (7,291 ~~ No Bylaw ain
"TownofAthabasca --=--s2,759 ~~ Water, Sanitary, | -2015 | $40,549- 47.561 |
Storm
"Town of Bonnyville. 6404 | Transport, Water, | 2008 | $9,202 - $18,300
| Sanitary
"Town of Vegreville «5,689 ~~ No Bylaw |
' Didsbury ---- 15,070 Water, Wastewater | 2019 | $65,572.00 as
"Rocky Mountain House 6,603' Water, Sanitary, 2017 $79,680 |
Storm, Road
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Our File. 2531-676-01-00
9. Administrative Considerations for Exemptions
Bylaw 2023-10 provides the Chief Administrative Officer with the authority to not impose off-site levies for
the subdivision or development of land, where the subdivision or development does not significantly
increase the burden on off-site infrastructure (as determined by the Chief Administrative Officer). The
below list of considerations includes instances of subdivision and development where the Chief
Administrative Officer may consider the increase of burden on off-site levy infrastructure minimal and may
choose to not impose off-site levies.
Provided no upsizing of infrastructure is required, considerations for a minimal burden on off-site
infrastructure may include, but are not limited to:
¢ The subdivision of a residence from a quarter section.
e The subdivision of a parcel where further subdivision will be required for development.
e Development or subdivision of a site that does not have access to town services or infrastructure.
e Change of use to a permitted use in an existing building.
e Change of use to an existing building where there is no intensification of use.
e Increase to the gross floor area of an existing building.
e The construction of additional buildings on a site.
10. Conclusion
The off-site levies that have been calculated as part of this bylaw review have been calculated based off a
town-wide (development region) calculation. The use this type of methodology finds that sharing the
benefits of development equally across the Development Region is the most effective and efficient way to
achieve both the orderly, economical, and beneficial development, use of land and patterns of human
settlement and the maintenance and improvement of the quality of the physical environment. The Town
should maintain a registry that is open and transparent for all rates collected under Bylaw 2023-10.
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