District of Coldstream Development Cost Charge Bylaw No. 1722, 2018 — full text, Coldstream, British Columbia

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District of Coldstream Development Cost Charge Bylaw No. 1722 levies DCCs for transportation, drainage, sanitary, parks - improvements, and parks - waterfront land acquisition. Please contact the District of Coldstream's Development Services Department (for subdivision application) or the Building Department (for building permit application) for clarification whether the following DCCs might also be applicable:  City of Vernon sanitary sewer treatment and disposal DCC  Regional District of North Okanagan water DCC and trails/natural space DCC DISTRICT OF COLDSTREAM BYLAW NO. 1722, 2018 A BYLAW TO IMPOSE DEVELOPMENT COST CHARGES IN THE DISTRICT OF COLDSTREAM WHEREAS pursuant to the Local Government Act the Council may, by bylaw, impose development cost charges; AND WHEREAS development cost charges may be imposed for the purpose of providing funds to assist the municipality to pay the capital costs of providing, constructing, altering or expanding sewage, water, drainage and highway facilities and providing and improving park land to service, directly or indirectly, the development for which the charges are imposed; AND WHEREAS the Council has, in fixing development cost charges in this Bylaw, taken into consideration future land use patterns and development and the phasing of works and services, and whether the charges 1. are excessive in relation to the capital cost of prevailing standards of service, 2. will deter developments, or 3. will discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land in the municipality; NOW THEREFORE the Council of the District of Coldstream ENACTS AS FOLLOWS: TITLE 1. This Bylaw may be cited as the "DISTRICT OF COLDSTREAM DEVELOPMENT COST CHARGE BYLAW NO. 1722, 2018". INTERPRETATION 2. (1) In this Bylaw: "Commercial" means developments within Commercial zones, or similar commercial development permitted in another zone, as set out in the District's current Zoning Bylaw; "congregate care facility" means a facility where food and lodging together with 24-hour medical care and attention are provided to persons who, on account of age, infirmity, physical or mental disability, require constant care and attention. The facility must provide and operate a common central kitchen for food preparation and a dining room capable of seating all residents at one sitting; "day care center" means a facility for the provision of day care to the elderly or to young children. Each day care center shall be deemed to include one occupancy unit for every person capable of being accommodated therein; "District" means the District of Coldstream; DISTRICT OF COLDSTREAM DEVELOPMENT COST CHARGE BYLAW NO. 1722, 2018 Page 2 "duplex" means any building divided into two dwelling units connected by a common wall or by an adjoining ceiling/floor system each of which is occupied or intended to be occupied as a permanent home or residence of one household. "dwelling unit" means one or more rooms used for the residential accommodation of only one family when such room or rooms contain or provide for the installation of sleeping, sanitary, and only one set of cooking facilities; "Educational" means a use providing for academic learning, which includes schools and colleges; "gross floor area" means the sum of all areas of each storey in each building on a parcel measured between the exterior walls of such building; "Industrial" means enterprises for the production of goods and includes the following: wholesale, processing, fabricating, manufacturing, warehousing and/or storage, auto wrecking and/or junk yards; "Institutional" means a building or buildings (other than Educational) containing multiple occupancy units and includes the following: rest homes, day care centers, hospitals and congregate care facilities; "Institutional B" means a building, or part of a building, containing three or more self- contained dwelling units or a development that includes three or more single family dwelling units (including manufactured units) in separate buildings all on one parcel intended to accommodate a registered assisted living facility or to provide supportive housing for seniors with a private space and lockable door, emergency response and monitoring, a fire safety plan, and at least one meal a day available as well as housekeeping, laundry and recreational opportunities; "Multi Family" means a building containing three or more dwelling units, or a development that includes three or more single family dwelling units (including mobile homes) in separate buildings all on one parcel; "occupancy unit" means a single room within an institutional building for the residential accommodation of only one person; "parcel" means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway; "single family parcel" means a parcel created within Residential zones and Rural zones, or within similar zones permitting single family dwellings or duplexes on a parcel, as set out in the District's current Zoning Bylaw; "Sewer Defined Area" means that area shown in dark grey on Schedule "B". (2) Unless otherwise provided in this Bylaw, words and phrases used herein have the same meanings as in the Community Charter, Local Government Act and the Interpretation Act as the context and circumstances may require. DISTRICT OF COLDSTREAM DEVELOPMENT COST CHARGE BYLAW NO. 1722, 2018 Page 3 (3) A reference to an Act in this Bylaw refers to a statute of British Columbia, and a reference to any statute, regulation, bylaw or other enactment refers to that enactment as it may be amended or replaced from time to time. (4) Words in the singular include the plural, and words in the plural include the singular. (5) Headings are for convenience only and must not be construed as defining or limiting the scope or intent of the provisions. SCHEDULES 3. Schedules "A" and "B" are attached to and form part of this Bylaw. SEVERABILITY 4. If any part of this Bylaw is held to be invalid by a court of competent jurisdiction, the invalid part is severed and the remainder of the Bylaw continues to be valid. DEVELOPMENT COST CHARGE PAYABLE 5. (1) Every person who obtains (a) approval of a subdivision, or (b) a building permit authorizing the construction, alteration or extension of a building structure must pay to the District the applicable development cost charges as set out in Schedule "A" and in accordance with the Sewer Defined Area in Schedule "B". (2) The development cost charge must be paid to the District at the time of (a) for single family parcels, after the application for subdivision has been made but before final approval of the subdivision has been given, or (b) for all other types of development, after the application for a building permit has been made but before the building permit has been issued. 6. A development cost charge is payable where a building permit authorizes the construction, alteration or extension of a building that will, after the construction, alteration or extension (a) contain fewer than four self-contained dwelling units, and (b) be put to no other use other than the residential use in those dwelling units. 7. The amount of development cost charges payable in relation to a particular application shall be calculated using the applicable charges set out in Schedule "A", and in accordance with the Sewer Defined Area in Schedule "B", and depends upon: DISTRICT OF COLDSTREAM DEVELOPMENT COST CHARGE BYLAW NO. 1722, 2018 Page 4 (a) the number of additional single family parcels being created by the application for a Subdivision of land; (b) the number of additional single family parcels being created by the application for a Subdivision of land, including creation of a bare land strata, within the Residential Manufactured Home Subdivision Zone (R.4) Zone, and any other residential bare land strata development; (c) for a duplex building, one charge, equivalent to the charge for a single family parcel, shall be imposed for the second dwelling unit at the time of approval of a building permit authorizing the development. A charge will have been already paid (or assumed to have been paid) for the first dwelling unit upon subdivision to create the parcel that accommodates the duplex. (d) the number of new dwelling units proposed when applying for a Building Permit for development of a Multi-family Residential Building, at the time of approval of a building permit authorizing the development; (e) the number of occupancy units when applying for a Building Permit for development of an 'Institutional' or 'Institutional B' building, at the time of approval of a building permit authorizing the development; (f) the number of classroom seats, or the equivalent to the number of classroom seats, when applying for a Building Permit for development of an Educational Building, at the time of approval of a Building Permit authorizing the development (f) The Gross Floor Area of the building when applying for a Building Permit for Commercial and Industrial development. 8. Where a type of development is not identified on Schedule "A" the amount of development cost charges to be paid to the District shall be equal to the development cost charges that would have been payable for the most comparable type of development. 9. The amount of development cost charges payable in relation to a mixed-use type of development shall be calculated separately for each portion of the development, according to the separate use types, which are included in the building permit application and shall be the sum of the charges payable for each type. DEVELOPMENT COST CHARGE NOT PAYABLE 10. A development cost charge is not payable where (a) the building permit authorizes the construction, alteration or extension of a building or part of a building that is, or will be, after the construction, alteration or extension, exempt from taxation as a place of public worship, (b) the building permit authorizes the construction, alteration or extension of a building where the value of the work authorized by the building permit does not exceed $50,000, or any other amount the Minister may, by regulation prescribe, (c) the square footage of the Dwelling Unit is no larger than 29 m2 , (c) the development does not impose new capital cost burdens on the District, or DISTRICT OF COLDSTREAM DEVELOPMENT COST CHARGE BYLAW NO. 1722, 2018 Page 5 (d) 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 District. DEVELOPMENT COST CHARGE DEDUCTION 11. Where an owner has, with the approval of the District, provided or paid the cost of providing specific works and services outside the boundaries of land being subdivided or developed that are included in the calculations used to determine the amount of a development cost charge, the cost of the works and services, as the case may be, shall be deducted from those classes of development cost charges which are applicable to the works and services. REPEAL 12. "District of Coldstream Development Cost Charge Bylaw No. 1495, 2007" and amendments thereto is repealed in its entirety. READ A FIRST TIME this 7th day of August 2018 READ A SECOND TIME this 7th day of August 2018 READ A THIRD TIME this 7th day of August 2018 APPROVED by the Inspector of Municipalities this 10th day of July 2019 ADOPTED this 22nd day of July 2019 Corporate Officer Mayor Attachments: Schedule "A" - Development Cost Charges Schedule "B" - Sewer Defined Area map DISTRICT OF COLDSTREAM DEVELOPMENT COST CHARGE BYLAW NO. 1722, 2018 Schedule "A" DEVELOPMENT COST CHARGES Transportation Drainage Sanitary Parks - Improvements Parks - Waterfront Land Acquisition Total Development Cost Charge Single Family Parcel $3,715 $498 $2,638 $4,137 $3,174 $14,162 per parcel Multi Family building $3,164 $424 $2,247 $3,524 $2,704 $12,063 per dwelling unit Institutional B $2,201 $295 $1,563 $2,452 $1,881 $8,392 per occupancy unit Institutional $1,376 $184 $977 $1,532 $1,176 $5,245 per occupancy unit Commercial $17.89 $2.40 $12.70 $0.00 $0.00 $32.99 per m2 of gross floor area Educational $4,128 $553 $2,931 $0.00 $0.00 $7,612 per 10 seats Industrial $6.19 $0.83 $0.00 $0.00 $0.00 $7.02 per m2 of gross floor area DISTRICT OF COLDSTREAM DEVELOPMENT COST CHARGE BYLAW NO. 1722, 2018 Schedule "B" SEWER DEFINED AREA FOR DEVELOPMENT COST CHARGE MAP