Burnaby Waivers and Reductions of Amenity Cost Charges and Development Cost Charges Bylaw 2024 (Bylaw No. 14683) — full text, Burnaby, British Columbia

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Bylaw No. 14683 Page 1 of 4 CITY OF BURNABY BYLAW NO. 14683 A bylaw to establish waivers and reductions for amenity cost charges and 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 WAIVERS AND REDUCTIONS OF AMENITY COST CHARGES AND 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: "ACC bylaw" means an amenity cost charges imposition bylaw enacted by Council, as amended or replaced from time to time "affordable housing" means any one of the classes of affordable housing prescribed in section 2 of the Prescribed Classes of Affordable Housing (Local Government Act) Regulation for the purposes of section 570.4(5) of the Local Government Act, but excludes any rental dwelling units provided in accordance with Stream 1 or Stream 2 of the Rental Use Zoning Policy "amenity cost charges" or "ACC" means an amenity cost charge payable by a person to the City pursuant to a ACC bylaw "City" means the City of Burnaby "Council" means the Council of the City "DCC bylaw" means any development cost charges imposition bylaw enacted by Council, as amended or replaced from time to time Bylaw No. 14683 Page 2 of 4 "development cost charges" or "DCC" means a development cost charge payable by a person to the City pursuant to a DCC bylaw "government business enterprise" means a person that: (a) is a wholly-owned subsidiary of a post- secondary institution; and (b) carries on, pursuant to authority delegated to it by that post-secondary institution, the business of providing not-for-profit student rental housing for and on behalf of that post- secondary institution "not-for-profit student rental housing" means sleeping units or dwelling units that meet all of the following criteria: (a) owned by or leased to, and operated by, a post-secondary institution or by a government business enterprise on behalf of such post- secondary institution at the time of any application for, or issuance of, a reduction of development cost charges or amenity cost charges, as the case may be; (b) purpose-built to provide rental housing for faculty, staff, students, or other persons affiliated with that post-secondary institution and their families; (c) operated on a cost recovery basis; and (d) governed by the terms of a housing agreement and Section 219 covenant entered into with the City which restricts the use of the development in accordance with the above criteria for a period of at least 60 years "post-secondary institution" means: (a) British Columbia Institute of Technology; or (b) Simon Fraser University Bylaw No. 14683 Page 3 of 4 "Rental Use Zoning Policy" means the City's Finalized Rental Use Zoning Policy approved by Council on March 9, 2020, as amended or replaced from time to time "Zoning Bylaw" means the Burnaby Zoning Bylaw, 1965, as amended or replaced from time to time PART 3 - WAIVER OR REDUCTION OF AMENITY COST CHARGES 3.1 Subject to Section 3.2 of this bylaw, the City will, for a development containing not-for- profit student rental housing, reduce by 50% the amenity cost charges that are otherwise payable in respect of the not-for-profit student rental housing. 3.2 No reduction pursuant to Section 3.1 shall be granted unless the application for a reduction has been submitted to and approved by the City as fulfilling all of the eligibility requirements and conditions for a reduction of amenity cost charges as set out in this bylaw. PART 4 - WAIVER OR REDUCTION OF DEVELOPMENT COST CHARGES 4.1 Subject to Section 4.3 of this bylaw, the City will, for a development containing affordable housing, waive the development cost charges that are otherwise payable in respect of all the affordable housing within the development. 4.2 Subject to Section 4.3 of this bylaw, the City will, for a development containing not-for- profit student rental housing, reduce by 50% the development cost charges that are otherwise payable in respect of the not-for-profit student rental housing. 4.3 No waiver pursuant to Section 4.1 or reduction pursuant to Section 4.2 shall be granted unless the application for a waiver or reduction, as applicable, has been submitted to, and approved by the City as fulfilling all of the eligibility requirements and conditions for a waiver or a reduction, as applicable, of development cost charges as set out in this bylaw. PART 5 - SEVERABILITY 5.1 If any definition, section, subsection, paragraph, subparagraph, clause or phrase in this bylaw is held invalid by a Court of competent jurisdiction, the invalid definition, section, subsection, paragraph, subparagraph, clause or phrase must be severed and the remainder of this bylaw is deemed to have been adopted without the severed definition, section, subsection, paragraph, subparagraph, clause or phrase. Bylaw No. 14683 Page 4 of 4 Read a first time this 26th day of August, 2024 Read a second time this 26th day of August, 2024 Read a third time this 26th day of August, 2024 Reconsidered and adopted this 9th day of September, 2024 MAYOR CORPORATE OFFICER Signed Original Bylaw on file.