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CITY OF COLWOOD
BYLAW NO. 2037
A BYLAW TO IMPOSE DEVELOPMENT COST CHARGES FOR PARKLAND ACQUISITION
WHEREAS pursuant to the Local Government Act, the Council of the City of Colwood may, by
Bylaw, impose development cost charges for parkland acquisition;
AND WHEREAS 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;
AND WHEREAS the Council of the City of Colwood 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;
AND WHEREAS 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 Parks and Recreation Master Plan, and how development designed to result
in a low environmental impact may affect the capital costs of acquiring parkland;
AND WHEREAS 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.
NOW THEREFORE, the Council of the City of Colwood, in open meeting assembled, enacts as
follows:
1. CITATION
This Bylaw may be cited as "Parks Acquisition Development Cost Charge Bylaw No. 2037."
2. DEFINITIONS
2.1. 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 Zoning Bylaw.
2.2. In this bylaw,
Parks Acquisition Development Cost Charges Bylaw No. 2037
Page 2
BUILDING means any structure that is greater than ten (10) square metres used or intended for
supporting or sheltering any use or occupancy.
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 Zoning Bylaw
or a similar development in another zone permitted in accordance with the Zoning 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 Zoning 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 means a self-contained set of habitable rooms located in a principal building
containing a set of cooking facilities and which may contain sleeping, sanitary and
recreation facilities; includes secondary suites or accommodation units.
GROSS FLOOR AREA (GFA) means the total floor area, exclusive of any portion of the building or
structure below finished grade measured between the exterior faces of the exterior walls
which is used for heating, the storage of goods or personal effects, laundry facilities,
recreational areas, the storage or parking of motor vehicles, exclusive of any private
garage, carport, basement, walkout basement, cellar, porch, veranda or sunroom unless
such sunroom is habitable during all seasons of the year.
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 Zoning Bylaw, or similar
development in another zone permitted in accordance with the Zoning Bylaw, in which
the predominant use, as determined by its general purpose and list of permitted uses, is
of an industrial nature.
INSTITUTIONAL includes 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.
Parks Acquisition Development Cost Charges Bylaw No. 2037
Page 3
LOW DENSITY RESIDENTIAL means a detached building containing one dwelling occupied or
intended to be occupied as a single residence by a household, except where the zoning
permits an accessory use where another dwelling can be contained within or above the
other. Where specially permitted in the Zoning Bylaw, this use may contain one
additional Dwelling Unit in the form of an attached secondary suite or accommodation
unit.
MEDIUM DENSITY RESIDENTIAL means ground-oriented residential development which includes
townhouse, two unit dwellings, triplex, fourplex, mobile homes, detached secondary
suites 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 any construction fixed to, supported by, or sunk into land or water but not
concrete, asphalt or similar surfacing of a parcel.
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 Zoning Bylaw.
ZONING BYLAW means the City of Colwood Zoning Bylaw in effect at the time of application of
this bylaw.
3. DEVELOPMENT COST CHARGES
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 Zoning 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.
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
Parks Acquisition Development Cost Charges Bylaw No. 2037
Page 4
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 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 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 Schedules "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. EFFECTIVE DATE
This Bylaw comes into effect on the date of adoption.
7. 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.
Parks Acquisition Development Cost Charges Bylaw No. 2037
Page 5
READ A FIRST TIME on the
24th
day of
June, 2024
READ A SECOND TIME on the
24th
day of
June,
2024
READ A THIRD TIME on the
24th
day of
June,
2024
RECEIVED APPROVAL OF THE
INSPECTOR OF MUNICIPALITIES on the
18th
day of
July,
2024
ADOPTED on the
day of
2024
Mayor
Corporate Officer
Parks Acquisition Development Cost Charges Bylaw No. 2037
Page 6
CITY OF COLWOOD
SCHEDULE "A"
(attached to and forming part of Parks Acquisition Development Cost Charges Bylaw No. 2037)
Table 1: DCC Rates
Unit
Parkland Acquisition DCC Rates
Low Density Residential
per lot or per dwelling unit
$2,900.53
Medium Density Residential
per lot or per dwelling unit
$2,537.97
High Density Residential
per lot or per dwelling unit
$1,631.55
Commercial
per m2 Gross Floor Area
(GFA)
$10.88
Industrial
per m2 GFA
$5.44