Amenity Cost Charges Bylaw No. 5432, 2025

Coquitlam, British Columbia

This is the exact embedded text of the captured official document. Snapshot 6ecd44674ce5 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

CoQuitlam CityofCoquitlam BYLAW BYLAW NO. 5432, 2025 A Bylaw to Impose Amenity Cost Charges WHEREAS: A. Council of the City of Coquitlam ("Council") under authority provided by the Local Government Act, R.S.B.C. 2015, c. 1, as amended (the "Local Government Act'), in particular section 570. 2 thereof and regulations passed pursuant thereto, and the general provisions of the Community Charter, S. B.C. 2003, c.26 (the "Community Charter"}, may, by bylaw, impose amenity cost charges; B. Amenity cost charges may be imposed for the purpose of providing funds to assist the City of Coquitlam (the "City") to pay the capital costs of providing, constructing, altering or expanding amenities to benefit, directly or indirectly, the development and the increased population of residents or workers that results from the development for which the charge is being imposed; C. Council has taken into consideration the factors prescribed in Division 19. 1 of the Local Government Act; D. Council has provided one or more opportunities for consultation with the public and persons, public authorities and organizations that Council considers will be affected by this Bylaw; and E. The charges to be imposed by this Bylaw are related to capital costs attributable to projects included in the City's capital expenditure program and are consistent with the City of Coquitlam Citywide Official Community Plan Bylaw No. 3479, 2001, as amended. NOW THEREFORE, the Council of the City of Coquitlam, in open meeting lawfully assembled, ENACTS AS FOLLOWS: 1. Name of Bylaw This Bylaw may be cited for all purposes as the "Amenity Cost Charges Bylaw No. 5432, 2025." 2. Effective Date and Transitional Provisions 2. 1 This Bylaw will come into force on the Effective Date. 2. 2 Despite section 2. 1, this Bylaw will not apply where: File #: 09-3900-20/5432/1 Doc #: 5582648.v7 Page 2 BYLAW NO. 5432, 2025 (a) a Precursor Application is In-stream on the Effective Date; or (b) a Building Permit Application is In-stream on the Effective Date. 3. Definitions 3. 1 Italicized words used in this Bylaw will have the meanings attributed to them in Schedule "A" to this Bylaw. 3.2 Words not expressly defined in this Bylaw will have the meaning ascribed to them in the Zoning Bylaw. 4. Schedules 4. 1 Schedules "A", "B", "C" and "D" annexed to this Bylaw are hereby incorporated into and form an integral part of this Bylaw. 5. Imposition of Amenity Cost Charges 5. 1 Pursuant to section 570.2(1 ) of the Local Government Act, for the purpose of providing funds to assist the City in paying the capital costs of providing, constructing, altering or expanding the amenities set out in Schedule "C" to this Bylaw to benefit, directly or indirectly, the Development and the increased population of residents or workers that results from the Development for which the charge is being imposed, every person who obtains a Building Permit authorizing the construction, alteration or extension of a building or structure must pay to the City the ACCs established under this Bylaw. 5.2 The -4CCs established by this Bylaw apply to all land in the City. 6. Exemptions from Amenity Cost Charges 6. 1 Despite any other provision of this BySaw, an/lCCis not payable: (a) in relation to a Development authorized by a Building Permit that 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 under Section 220(1 )(h) or section 224(2)(f) of the Community Charter, (b) in relation to affordable and special needs housing units that are required under an affordable and special needs housing zoning bylaw as defined in section 478. 1 of the Local Government Act; File #: 09-3900-20/5432/1 Doc #: 5582648.V7 Page 3 BYLAW NO. 5432, 2025 (c) if no increase in the population of residents or workers is expected to result from the Development; (d) in respect of a particular/Amen/f/, ifan/4CCin respect ofthat/Amen/'fyhas previously been paid for the same Development, unless further development is expected to result in an increase in the population of residents or workers; (e) in relation to a Development for any class of affordable housing prescribed by regulation under the Local Government Act; or (f) if the /.occ?/Government/let or any regulations thereunder provide that no Amenity Cost Charge is payable. 7. Calculation of Applicable Charges 7. 1 The ACC imposed by this Bylaw will be calculated in accordance with: (a) the charges identified in Schedule "B" to this Bylaw; (b) any applicable credits identified in Schedule "D" to this ffy/ow; and (c) any applicable reductions or waivers established by bylaw under s. 570.6 of the Local Government Act. 7.2 Unless otherwise specifically provided in Schedules "A" or "B" to this Bylaw, where a Development for which an ACC applies contains two or more uses, the . /ICCto be paid will be calculated separately for each use within the Development and the total/4CC to be paid will be the sum ofthe/lCCforall uses within the Development. 8. Payment of Amenity Cost Charges 8. 1 Subject to Section 8.2, ACCs imposed under this Bylaw must be paid in full to the C/fyforall types ofDei/e/opmenftowhich this 6y/ow applies prior to the issuance of a Building Permit for the Development. 8.2 /ICCthat would otherwise be payable in full at the time indicated in Section 8.1 may be payable in instalments provided that the Minister has, by regulation made pursuant to Section 570. 2(5) of the Local Government Act, authorized the payment of the ACC in instalments and prescribed the conditions under which such instalments may be paid. File #: 09-3900-20/5432/1 Doc #: 5582648.V7 Page 4 BYLAW NO. 5432, 2025 9. Severability 9. 1 If any section, subsection, clause or phrase of this Bylaw is, for any reason, held to be invalid by a court of competent jurisdiction, it will be deemed to be severed and the remainder of the By/owwill remain valid and enforceable in accordance with its terms. READ A FIRST TIME this 23rd day of June, 2025. READ A SECOND TIME this 23rd day of June, 2025. READ A THIRD TIME this 23rd day of June, 2025. FINAL ADOPTION and the Seal of the Corporation affixed this 7th day of July, 2025. MAYOR 'ORPORATE OFFICER File #: 09-3900-20/5432/1 Doc #: 5582648. V7 CoQuitlam CityofCoquitlam BYLAW SCHEDULE "A" to Amenity Cost Charges Bylaw No. 5432, 2025 Definitions In this Bylaw, unless the context otherwise requires: "/lmen/ty"meansan amenity or amenities referenced in Schedule "C" to this 6y/ow. "Amenity Cost Charge" means the charge payable pursuant to the provisions of this Bylaw and in the amounts as calculated in accordance with Section 7. 1. The term Amenity Cost Charge may also be referred to as "ACC' or "ACCs" in this Bylaw. "Building Bylaw" means the City of Coquitlam Building Bylaw No. 3598, 2003, as amended or replaced from time to time. "Building Permit" means any permit required by the Building Bylaw that authorizes the construction, alteration or extension of a building or structure. "Building Permit Application" means an application for Building Permit that is submitted and accepted by the City as a legitimate application, that includes a completed application form, submission of all required items identified on the applicable building permit application checklist, and payment of all applicable application fees. "Bylaw" means this bylaw and any subsequent amendments hereto. "City" means the City of Coquitlam. "Development" includes the construction, alteration or extension, and the proposed construction, alteration or extension, of a building or structure for which a Building Permit is or will be required. "Effective Date" means the date this Bylaw is adopted by Council. "High-Rise Apartment" mean a residential use within an apartment building over 12 floors. "Institutional" means a use providing for public functions including: (a) government offices; File #: 09-3900-20/5432/1 Doc #: 5582648.V7 Page 2 BYLAW NO. 5432, 2025 (b) schools, and colleges and universities operated by duly incorporated federal or provincial societies exclusively as non-profit, charitable organizations; (c) hospitals; (d) community centres; (e) courts, police stations and jails; (f) libraries and museums; and (g) buildings associated with public parks, public playgrounds, cemeteries and works yards. "In-stream" means an application submitted and accepted by the City as a legitimate application and all applicable application fees have been paid, and where the application has not been determined or rejected by the City or withdrawn by the applicant. "Low-Rise Residential" means a residential use consisting solely of small-scale residential, street-oriented village home residential ortownhouse. "Mid-Rise Apartment" means a residential use within an apartment building up to a maximum of 12 floors. "Minister means the Minister of Housing and Municipal Affairs for the Province of British Columbia or their successor in function. "Precursor Application" means: (a) an application for the issuance of a development permit: (i) submitted and accepted by the City as a legitimate application, that includes a completed application form, submission of all required items identified on the development permit application checklist, and payment of all applicable application fees; and, (ii) the Development authorized by the Building Permit is entirely within the area of land that was the subject of the development permit application; or (b) an application for an amendment to the Zoning Bylaw: (i) submitted and accepted by the City as a legitimate application, that includes a completed application form, submission of all required items identified on the rezoning application checklist, and payment of all applicable application fees; and, (ii) the Development authorized by the Building Permit is entirely within the area of land that was the subject of the Zoning Bylaw amendment application. "Zoning Bylaw" means the City of Coquitlam Zoning Bylaw No. 3000, 1996, as amended or replaced from time to time. File #: 09-3900-20/5432/1 Doc ft: 5582648.V7 CoQuitlam CityofCoquitlam BYLAW SCHEDULE"B" to Amenity Cost Charges Bylaw No. 5432, 2025 Amenity Cost Charge Amounts 1-^ffl^^tBfflffBffi^Mmii Low-Rise Residential Mid-Rise Apartment High-Rise Apartment Industrial, Commercial and Institutional $21,205 per dwelling unit $229.35 per square metre of gross floor area $414. 68 per square metre of gross floor area $0 per square metre of gross floor area $21,205 per dwelling unit $21.31 per square foot of gross floor area $38. 53 Per square foot of gross floor area $0 per square metre of gross floor area File #: 09-3900-20/5432/1 Doc #: 5582648.v7 CoQuitlam CityofCoquitlam BYLAW SCHEDULE"C" to Amenity Cost Charges Bylaw No. 5432, 2025 List of Amenities 1. Community Centres and Amenities Community Centres and Amenities include the City's contribution to Fraser Mills Community Centre, the Northeast Community Centre including financing costs, the Bettie Allard YMCA outstanding debt including financing costs, and new washrooms, meeting rooms, mechanical rooms and a new Blue Mountain Park Fieldhouse. 2. Park Amenities Park Amenities includes park components not eligible for Development Cost Charges for parks located in the Austin Heights, City Centre, Northeast and Northwest neighbourhoods. File #: 09-3900-20/5432/1 Doc #: 5582648.V7 Page 1 BYLAW NO. 5432, 2025 SCHEDULE"D" to Amenity Cost Charges Bylaw No. 5432, 2025 Credits for Community Amenity Contributions and Density Bonus 1. Definitions 1. 1 For the purposes of this Schedule "D" only, italicized terms used in this Schedule "D" include both: (a) the definitions referenced in Section 3 of the Bylaw; and (b) the additional italicized words defined below in this Schedule "D". 1.2 The definitions provided in this Schedule "D" apply only within this Schedule "D" and do not modify or replace any definitions referenced in Section 3 of the Bylaw. 1.3 In this Schedule "D", unless the context otherwise requires: "Approved Zone" means the zone assigned to lands as a result of an approved Rezoning Application, as set out in the Zoning Bylaw in force at time of Bylaw Adoption. "Bylaw Adoption" means the adoption of the rezoning amendment bylaw associated with, and approving, a Rezoning Application. "CAC'or "Community Amenity Contribution" means a voluntary financial contribution paid by an applicant to the City, and accepted by the City, in connection with a Rezoning Application in order to provide funding for amenities. "CAC Density" means the residential floor area upon which a C/lCwas calculated excluding any credits given for existing residential density. "Density Bonus" means a financial payment made to the C/ty at time of Building Permit issuance in exchange for a portion of additional gross floor area above a residential base density gross floor area of 2. 5 times the lot area in order to provide funding for amenities. File #: 09-3900-20/5432/1 Doc #: 5582648.V7 Page 2 BYLAW NO. 5432, 2025 "Density Bonus Covenant" means a legal agreement between the owner of a lot and the City to secure the payment of Density Bonus, which includes a section 219 covenant registered on title to the lot in favour of the City. "Development Permit" means a form and character development permit issued by the City. "Rezoning Application" means the application submitted to the City to rezone lands, upon which a C/lCwas calculated and paid. 2. Credit Determination 2. 1 A credit will be applied against the ACC calculated in accordance with Schedule "B" to this Bylaw, if the conditions set out in Section 3 or Section 4 of this Schedule "D" are satisfied, subject to the conditions set out in Section 5 of this Schedule "D". 3. Full Credit 3. 1 A credit in the amount equal to the /4CC calculated in accordance with Schedule "B" to this Bylaw applies if one of the following sets of conditions are satisfied: (a) Low-Rise Residential (Excluding Townhouse and Street-Oriented Village Home Residential) (i) the Development is Low-Rise Residential excluding townhouse and street-oriented village home residential; (ii) a C/IC was provided; and (iii) the number of principal dwelling units and accessory dwelling units described in the Building Permit Application do not exceed the number of principal dwelling units and accessory dwelling units permitted by t[\e Approved Zone; or (b) Townhouse, Street-Oriented Village Home Residential, Mid-Rise Apartment or High-Rise Apartment (i) the Development is townhouse, street-oriented village home residential, Mid-Rise Apartment or High-Rise Apartment and permitted by the Approved Zone and the condition in Section 4.4(a)(ii) of this Schedule "D" does not exist; and (ii) a C/ACwas provided based on a CAC Density; File #: 09-3900-20/5432/1 Doc #: 5582648. V7 Page3 BYLAW NO. 5432, 2025 and either of the following sets of conditions are satisfied: Townhouse, Street-Oriented Village Home Residential, Mid- Rise Apartment or High-Rise Apartment Without Density Bonus (iii) (iv) (V) (vi) the Approved Zone does not provide for Density Bonus or the lot the Development is located within is not charged by a Density Bonus Covenant; and the gross floor area described in the Building Permit Application does not exceed the CAC Density; or Mid-Rise Apartment or High-Rise Apartment With Density Bonus the Approved Zone provides for Density Bonus or the lot the Development is located within is charged by a Density Bonus Covenant; and the Density Bonus is paid in accordance with the Approved Zone or the Density Bonus Covenant. 4. Partial Credit 4. 1 Low-Rise Residential (excluding Townhouse and Street-Oriented Village Home Residential) If the following conditions are satisfied: (a) the Development is Low-Rise Residential excluding townhouse and street- oriented village home residential; (b) a C/4C was provided; and (c) the number of: (i) principal dwelling units exceeds the number of principal dwelling units permitted by t[}e Approved Zone; or (ii) accessory dwelling units exceeds the number of accessory dwelling units permitted by the Approved Zone, a credit will apply as follows: File #: 09-3900-20/5432/1 Doc #: 5582648. V7 Page 4 BYLAW NO. 5432, 2025 (d) where the CAC provided was calculated based on a CAC Density, in the amount equal to multiplying the per dwelling unit charge for Low-Rise Residential set out in Schedule "B" to this Bylaw by the number of dwelling units permitted by t^e Approved Zone; or (e) where the C/IC provided was calculated on a per lot basis, in the amount equal to the sum of: (i) one dwelling unit charge for Low-Rise Residential set out in Schedule "B" to this Bylaw representing one principal dwelling unit; plus (ii) where the Development includes an accessory dwelling unit, an additional one dwelling unit charge for Low-Rise Residential set out in Schedule "B" to this Bylaw. 4.2 Townhouse or Street-Oriented Village Home Residential If the following conditions are satisfied: (a) the Development is townhouse or street-oriented village home residential and the Approved Zone permitted townhouse or street-oriented village home residential; (b) (c) and: (d) (e) a C-ACwas provided based on a CAC Density; and the Development exceeds the CAC Density, a Development Permit was issued concurrently with Bylaw Adoption, then a credit in the amount equal to multiplying the number of dwelling units described in a Development Permit by the per dwelling unit charge for Low-Rise Residential set out in Schedule "B" to this fiy/oivwill apply; or a Development Permit was not issued concurrently with Bylaw Adoption, then: (i) the City shall calculate the number of dwelling units or portion thereof that corresponds to the floor area of the applicable CAC Density; and (ii) a credit in the amount equal to multiplying the number of the dwelling units or portion thereof calculated in accordance with (i) File #: 09-3900-20/5432/1 Doc #: 5582648. V7 Page5 BYLAW NO. 5432, 2025 above by the per dwelling unit charge for Low-Rise Residential set out in Schedule "B" to this Bylaw will apply. 4.3 Mid-Rise Apartment or High-Rise Apartment Without Density Bonus A credit will be applied in the amount calculated by multiplying the charge identified in Schedule "B" to this Bylaw by the floor area of the applicable C/IC Density, if all of the following conditions are satisfied: (a) the Development is: (i) Mid-Rise Apartment and the Approved Zone permitted Mid-Rise Apartment; or (ii) High-Rise Apartment and the Approved Zone permitted High-Rise Apartment; (b) a CACwas provided based on a CAC Density; (c) the Approved Zone does not provide for Density Bonus and the lot the Development is located within is not charged by a Density Bonus Covenant; (d) the Approved Zone is amended or any lands subject to the Rezoning Application are rezoned; and (e) the residential gross floor area of the Development described in the Building Permit Application exceeds the CAC Density. 4.4 Credit In Amount of CAC Provided A credit will be applied in the amount equal to the amount of the CAC provided, if a CAC was provided and one of the following sets of conditions are satisfied: (a) Change In Permitted Residential Use (i) the Development is townhouse, street-oriented village home residential, Mid-Rise Apartment or High-Rise Apartment; and (ii) the Approved Zone is amended or any lands subject to the Rezoning Application are rezoned such that the Building Permit Application describes a residential use different than permitted by the Approved Zone (for certainty, including but not limited to, rezoning townhouse to Mid-Rise Apartment and Mid-Rise Apartment to High-Rise Apartment}; or File #: 09-3900-20/5432/1 Doc #: 5582648.V7 Page 6 BYLAW NO. 5432, 2025 (b) Development Subject to Density Bonus Rezoned or Zoning Amended (i) t^e Approved Zone pro\/\des for Density Bonus or the lot the Development is located within is charged by a Density Bonus Covenant; (ii) the Density Bonus is not paid in accordance with the Approved Zone or the Density Bonus Covenant; and (iii) the Approved Zone is amended or any lands subject to the Rezoning Application are rezoned. 5. General Credit Conditions 5. 1 The applicability of credits set out in this Schedule "D" to this Bylaw are subject to the following conditions: (a) in no event will a credit for a Development exceed the ACC calculated in accordance with Schedule "B" to this Bylaw ior the Development; (b) credits are non-transferable and non-refundable; (c) credits apply only: (i) once and no credit will be applied in respect of any lot where a Building Permit has previously been issued for a Development on that lot following Bylaw Adoption; (ii) if the capital costs of amenities are funded by the CAC or the Density Bonus, as applicable; (iii) if the CAC or Density Bonus is provided, and it has not been returned; and (d) for the purposes of determining a C/tCor CAC Density where the lands subject to the Rezoning Application consists of two or more lots, the CAC paid or the C/IC Density, as applicable, will be deemed to be allocated among such lots on a proportional basis in accordance with the following: (i) the applicable residential gross floor area authorized for those lots pursuant to a Development Permit issued concurrently with Bylaw Adoption; or File #: 09-3900-20/5432/1 Doc #: 5582648. V7 Page? BYLAW NO. 5432, 2025 (ii) in the absence of a Development Permit issued concurrently with Bylaw Adoption, the applicable maximum residential floor area achievable on those lots under the Approved Zone; or (iii) a combination of (i) and (ii) above, if one portion of the lots had a Development Permit issued concurrently with the Bylaw Adoption and the other portion did not, and for the purposes of allocating a CAC, any credits for existing residential floor area used to calculate the C/lCwill be allocated proportionally among the lots in accordance with (i), (ii) and (iii) above. File #: 09-3900-20/5432/1 Doc #: 5582648.V7