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CITY OF COLWOOD
BYLAW NO 1990
A BYLAW TO IMPOSE DEVELOPMENT COST CHARGES FOR PARKLAND IMPROVEMENT
Pursuant to the Local Government Act, the Council may, by Bylaw, impose development cost
charges for parkland improvements.
Development cost charges may be imposed for the purpose of providing funds to assist the
municipality in paying the capital costs of providing and improving parkland to service directly or
indirectly, the development for which the charges are imposed.
Council has deemed the charges imposed by this bylaw:
(a) are not excessive in relation to the capital cost of prevailing standards of service in the
municipality;
(b) will not deter development in the municipality;
(c) will not discourage the construction of reasonably priced housing or the provision of
reasonably priced serviced land in the municipality; and
(d) will not discourage development designed to result in a low environmental impact in
the municipality.
Council has considered the charges imposed by this bylaw in relation to future land use patterns
and development, and the provision of park land described in the Official Community Plan, and
how development designed to result in a low environmental impact may affect the capital costs
of improving parkland.
In the opinion of the Council, the charges imposed by this Bylaw are related to capital costs
attributable to projects included in the municipality's financial plan and long-term capital plans,
and to capital projects consistent with the Official Community Plan.
The Council in open meeting assembled, enacts as follows:
1. CITATION
This Bylaw may be cited as "Park Improvement Development Cost Charge Bylaw No. 1990,
2023".
2. DEFINITIONS
For the purposes of this bylaw, the definitions of words or phrases that are not included in this
section shall have the meaning assigned to them in the Land Use Bylaw.
Park Improvement Development Cost Charge
Page 2
In this Bylaw:
BUILDING means any structure that is greater than ten (10) square metres used or intended for
supporting or sheltering any use of persons, animals or property.
BUILDING PERMIT means any permit required by the City that authorizes the construction,
alteration or extension of a building or structure.
CITY means City of Colwood.
COMMERCIAL means a commercial development in a commercial zone listed in the Land Use
Bylaw or a similar development in another zone permitted in accordance with the Land Use
Bylaw, in which the predominant use, as determined by its purpose and list of permitted uses,
is of a commercial nature.
CONSTRUCTION includes building, erection, installation, repair, alteration, addition, enlargement,
moving, locating, relocating, reconstruction, demolition, removal, excavation, or shoring
requiring a Building Permit.
DEVELOPMENT means the construction, alteration, or extension of buildings and/or structures for
any use authorized by the Land Use Bylaw that requires the issuance of a building permit but
does not include internal alterations of a building and/or structure where the principal use of
the building and/or structure, or part thereof, is not changing.
DWELLING UNIT means one or a self-contained set of interconnected rooms for the use of one or
more persons living together as a single domestic unit sharing cooking, eating, living, sleeping
and sanitary facilities and having only one (1) room equipped for the preparation and cooking
of food; one (1) electrical service and meter; one (1) water service, meter and distribution
system; and one (1) principal entrance.
GROSS FLOOR AREA (GFA) means the sum of the floor areas of every storey in every building on a
lot measured to the outside face of the exterior walls, excluding: a. accessory buildings and
structures, b. canopies, sundecks, and exterior stairs, and c. the first 50 m2 of an attached
carport or garage.
HIGH DENSITY RESIDENTIAL means development of a residential building which contains multiple
Dwelling Units accessible via a common hallway or corridor and shared entrance facilities,
includes apartment dwellings.
INDUSTRIAL means an industrial development in a zone listed in the Land Use Bylaw, or similar
development in another zone permitted in accordance with the Land Use Bylaw, in which the
predominant use, as determined by its general purpose and list of permitted uses, is of an
industrial nature.
Park Improvement Development Cost Charge
Page 3
INSTITUTION means an institutional development in an Institutional Zone listed in the Land Use
Bylaw or similar development in another zone including public recreation facilities, colleges,
community halls, cemetery, court of law, municipal offices, community services, provincial or
federal offices including a post office, school district offices, fire and ambulance stations,
hospitals, library, childcare centre, police station, parks, playgrounds, public art gallery, public
museum, school.
LOW DENSITY RESIDENTIAL means a detached building containing one dwelling unit occupied as a
single residence by a household and where zoning permits in the "Land Use Bylaw", an
additional dwelling unit contained within and/or a detached accessory dwelling unit located
on the same Parcel as the primary one dwelling unit.
MEDIUM DENSITY RESIDENTIAL means residential development which includes townhouse, two-
unit dwellings, triplex, fourplex, mobile homes, and modular homes.
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.
STRUCTURE means anything constructed, erected or placed, the use of which requires location on
the ground or attachment to something having location on the ground, includes a satellite dish
antenna; excludes concrete or asphalt or similar surfacing of a lot, fences, signs and
underground sewage disposal facilities.
SUBDIVISION means a subdivision as defined in the Land Title Act or Strata Property Act.
ZONE means the zones identified and defined in the City of Colwood Land Use Bylaw.
LAND USE BYLAW means the City of Colwood Land Use Bylaw in effect at the time of application
of this bylaw.
3. PURPOSE
3.1. The Development Cost Charges set out in Schedule "A", attached hereto and forming part
of this bylaw, are hereby imposed on every person who obtains:
(a) approval of a Subdivision of land under the Land Title Act or the Strata Property Act,
that results in two or more Parcels on which the Land Use Bylaw permits the
construction of a Low Density Residential;
(b) approval of a Building Permit authorizing the Construction of Low Density Residential,
Medium Density Residential, High Density Residential, Commercial, Industrial, or
Institutional;
and the development cost charge shall be paid prior to approval of a subdivision or
issuance of a building permit, as the case may be.
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3.2. For certainty, this bylaw imposes charges in respect of Building Permits authorizing the
Construction, of buildings or structures that will, after the Construction, contain fewer
than four Dwelling Units and for which the Dwelling Units in the building or structure will
be put to no use other than residential use.
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 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) the permit authorizes the Construction of Dwelling Units in a building, the area of each
Dwelling Unit is no larger than 29m2, and each Dwelling Unit will be put to no other use
than residential use;
(c) the value of the work authorized by the permit does not exceed $50,000;
(d) a development cost charge has previously been paid for the development unless, as a
result of further development, new capital cost burdens will be imposed on the
municipality; or
(e) The Local Government Act or any regulations thereunder provide that no development
cost charge is payable.
5. CALCULATION OF 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" of this bylaw.
5.2. Where a type of development is not specifically identified in Schedule "A" the amount of
development cost charges to be paid to the City shall be equal to the development cost
charges that are payable for type of development that in the opinion of the Chief
Administrative Officer imposes the most similar cost burden on the City's park services.
5.3. The amount of development cost charges payable in relation to 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.
6. SEVERABILITY
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 remains valid.
Park Improvement Development Cost Charge
Page 5
READ A FIRST TIME on the
26th
day of June,
2023
READ A SECOND TIME on the
26th
day of June,
2023
READ A THIRD TIME on the
26th
day of June,
2023
THIRD READING AS AMENDED on the
11th
day of September, 2023
RECEIVED APPROVAL OF THE
INSPECTOR OF MUNICIPALITIES on the
26th
day of
September,
2023
ADOPTED on the
day of
2023
Mayor
Corporate Officer
Park Improvement Development Cost Charge
Page 6
SCHEDULE A
(attached to and forming part of the Bylaw)
Unit
Parkland Improvement
DCC Rates
Low Density Residential
per parcel or per unit
$2,806.48
Medium Density Residential
per dwelling unit
$2,455.67
High Density Residential
per dwelling unit
$1,578.64
Commercial
per m2 GFA
$10.52
Industrial
per m2 GFA
$5.26
Institutional
per m2 GFA
N/A