Burnaby Development Cost Charges Bylaw 2024 (Bylaw No. 14645) — full text, Burnaby, British Columbia

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Bylaw No. 14645 Page 1 of 5 CITY OF BURNABY BYLAW NO. 14645 A bylaw to impose development cost charges The Council of the City of Burnaby enacts as follows: PART 1 - CITATION 1.1 This bylaw may be cited as BURNABY DEVELOPMENT COST CHARGES BYLAW 2024. PART 2 - DEFINITIONS AND INTERPRETATION 2.1 For the purposes of this bylaw, the words or phrases that are not defined in this section shall have the meaning ascribed to them in the Zoning Bylaw. 2.2 In this bylaw, unless the context otherwise requires: "building" has the meaning set out in the Building Bylaw "Building Bylaw" means Burnaby Building Bylaw 2016, as amended, or repealed and replaced from time to time "building permit" has the meaning set out in the Building Bylaw "City" means the City of Burnaby "Commercial" means land zoned for commercial uses in the Zoning Bylaw "construction" has the meaning set out in the Building Bylaw "development cost charges" or "DCC" means the applicable rates prescribed in Schedule "A" to this bylaw "dwelling unit" has the meaning set out in the Zoning Bylaw "gross floor area" or "GFA" has the meaning set out in the Zoning Bylaw "High Density Residential" means development of a residential Bylaw No. 14645 Page 2 of 5 building which contains multiple dwelling units accessible via a common hallway or corridor and shared entrance facilities, including apartment buildings "Industrial" means land zoned for industrial uses in the Zoning Bylaw "Institutional" means the use of a building or portion of a building for public or private organizations that provide community services or activities, such as education, healthcare, religious worship, or government functions "lot" means any lot, parcel, block, or other area in which land is held or into which it is legally subdivided, and for certainty, includes a bare land strata lot under the Strata Property Act "Low Density Residential" means residential development consisting of one building that contains no more than two primary dwelling units and any secondary suite(s), including a single family dwelling and any secondary suite, or a duplex dwelling and any secondary suite(s) "Medium Density Residential" means ground-oriented residential development, including laneway homes, townhouse dwellings, rowhouse dwellings, and multiplex dwellings "primary dwelling unit" has the meaning set out in the Zoning Bylaw "secondary suite" has the meaning set out in the Zoning Bylaw "subdivision" means a subdivision as defined in the Land Title Act or Strata Property Act "Zoning Bylaw" means the Burnaby Zoning Bylaw, 1965, as amended, or repealed and replaced from time to time PART 3 - DEVELOPMENT COST CHARGES 3.1 Pursuant to section 559(1) of the Local Government Act, the development cost charges set out in Schedule "A" to this bylaw, are hereby imposed on every person who Bylaw No. 14645 Page 3 of 5 obtains: (a) approval of a subdivision of land under the Land Title Act or the Strata Property Act, that results in two or more lots on which the Zoning Bylaw permits the construction of a Low Density Residential development; or (b) approval of a building permit authorizing the construction of a Low Density Residential development on an existing lot; or (c) approval of a building permit authorizing the construction of Medium Density Residential, High Density Residential, Commercial, Industrial, or Institutional development on a lot, and the development cost charges shall be paid upon approval of a subdivision or issuance of a building permit, as applicable. 3.2 In accordance with section 561(6) of the Local Government Act, this bylaw imposes development cost charges in relation to a development authorized by a building permit that authorizes the construction of a building that will, after the construction, contain fewer than four dwelling units and be put to no other use other than residential use in those dwelling units. PART 4 - EXEMPTIONS 4.1 Despite any other provision of this bylaw, a development cost charge is not payable if any of the following applies in relation to a development authorized by a building permit: (a) the building permit authorizes the construction of a building or part of a building that is, or will be, after the construction, exempt from taxation under section 220(1)(h) or 224(2)(f) of the Community Charter; (b) a development cost charge has previously been paid for the same development unless, as a result of further development, new capital cost burdens will be imposed on the City; (c) the development does not impose new capital cost burdens on the City; (d) the building permit authorizes the construction of dwelling units in a building, where the area of each dwelling unit is no larger than 29 m2, and each dwelling unit is to be put to no other use other than residential use in those dwelling units; (e) the value of the work authorized by the building permit does not exceed $50,000; or (f) the Local Government Act or any regulations thereunder provide that no development cost charge is payable. Bylaw No. 14645 Page 4 of 5 PART 5 - CALCULATION OF APPLICABLE CHARGES 5.1 The amount of development cost charges payable in relation to a particular development shall be calculated using the applicable charges set out in Schedule "A" to this bylaw. 5.2 Where a type of development is not specifically identified in Schedule "A" to this bylaw the amount of development cost charges to be paid to the City shall be equal to the development cost charges that are payable for the most comparable type of development. 5.3 The amount of development cost charges payable in relation to a mixed-use development shall be calculated for each type of use separately, in accordance with Schedule "A" to this bylaw, based on the uses included in the building permit application and the total development cost charges payable shall be the sum of the development cost charges payable for each type of use. PART 6 - EFFECTIVE DATE 6.1 This bylaw comes into force and effect on the later of July 1, 2024, and the date of adoption. PART 7 - SEVERABILITY 7.1 If any portion of this bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion must be severed, and the remainder of the bylaw is deemed to have been adopted without the severed section, subsection, paragraph, subparagraph, clause or phrase. Read a first time this 25th day of March, 2024 Read a second time this 25th day of March, 2024 Read a third time this 25th day of March, 2024 Approved by the Inspector of Municipalities this 7th day of May, 2024 Reconsidered and adopted this 24th day of June, 2024 MAYOR CORPORATE OFFICER Signed Original Bylaw on file Bylaw No. 14645 Page 5 of 5 SCHEDULE "A" Development Cost Charges Transportation Water Drainage Sewer Parkland Acquisition and Improvements Fire Protection Total Development Cost Charge Low Density Residential (Single family dwelling and any secondary suite/Duplex dwelling and any secondary suite(s)) $16,858.00 $2,740.00 $5,734.00 $3,491.00 $20,632.00 $5,415.00 $54,870.00 per primary dwelling unit / lot Medium Density Residential (Townhouse/Rowhouse/Multiplex/ Laneway home) $10,438.00 $1,918.00 $4,391.00 $2,443.00 $14,442.00 $3,791.00 $37,423.00 per dwelling unit High Density Residential (Apartment) $6,994.00 $1,370.00 $2,227.00 $1,745.00 $10,316.00 $2,708.00 $25,360.00 per dwelling unit Commercial $159.71 $6.17 $26.73 $7.85 $46.42 $12.18 $259.06 per m2 gross floor area Industrial $59.50 $4.11 $35.00 $5.24 $0.00 $8.12 $111.97 per m2 gross floor area Institutional $104.38 $6.17 $52.82 $7.85 $0.00 $12.18 $183.40 per m2 gross floor area