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CLEARWATER DISTRICT OF CLEARWATER
BYLAW NO. 244, 2020
A Bylaw to Reduce Development Cost Charges for Seniors Affordable Rental Housing
WHEREAS Council is authorized under section 563 of the Local Government Act to reduce a
development cost charge for an eligible development;
AND WHEREAS the Development Cost Charges Bylaw No. 127, 2014 provides an exemption
for non-profit rental housing;
NOW THEREFORE the Council of the District of Clearwater, in open meeting assembled,
ENACTS AS FOLLOWS:
1. CITATION
1.1. This bylaw may be cited for all purposes as the "District of Clearwater Development
Cost Charge Reduction Bylaw No. 244, 2020".
2. DEFINITIONS
2.1. In this bylaw,
"Council" means Council for the District of Clearwater
"Eligible Development" means a dwelling unit that may only be occupied on a not-for-
profit rental basis to a person in need of affordable senior housing, where the unit is
owned by:
(a) the government of British Columbia or Canada;
(b) British Columbia Housing Authority; or
(c) a society incorporated under the Societies Act (B.C.) or a non-profit |
corporation incorporated under Part 11 of the Canada. Corporations Act,
(Canada), where a housing agreement has been executed.in relation ta'the
development before a building permit has been issued; . '
and a covenant under section 219 of the Land Title Act has been'registered in the Land
Titles Office in favour of the District of Clearwater that guarantees the affordable'use of
the residential units for seniors at the Property for a period set out in the covenant.
"Housing Agreement" means a housing agreement pursuant to a bylaw adopted under
section 483 of the Local Government Act, or an agreement for the provision of affordable
housing with the government of British Columbia or Canada or the B.C. Housing Authority.
3. EXEMPTION
3.1. Subject to this Bylaw, the development cost charges that would otherwise apply to the
development to be located at 144 Evergreen Place, legally described as Lot A, PL 27173
District Lot 1719 EXC PL 30487 & EPP3640 ("Property") do not apply to any residential
unit qualifying as an Eligible Development on the Property.
4. CONDITIONS
4.1. If, from the date an occupancy permit is granted to the owner, a dwelling unit on the
Property ceases to meet the criteria for an Eligible Development or any of the terms,
restrictions, conditions and requirements set out in a Housing Agreement during the
time period commencing the full amount of development cost charges that would have
been payable in for that unit on the date the building permit was issued, had the
reduction not applied, plus interest at the rate of 3 percent annually, calculated monthly
from that date and compounded annually, shall immediately become due and owing to
the District.
5. SEVERABILITY
5.1. If any portion of this Bylaw is found by a court of competent jurisdiction to be invalid, the
invalid part is severed, and the remainder continues to be in force and effective.
READ a first time this 6" day of October, 2020.
READ a second time this 6" day of October, 2020.
READ a third time this 6"" day of October, 2020.
ADOPTED this 27" day of October, 2020.
an ge ? "a
Merlin Blackwell, Mayor eslié Groulx, Corporate Officer
Bylaw No. 244, 2020 Seniors Affordable Housing Page 2 of 2