Development Cost Charge Bylaw No. 4085, 2022 — full text, Cranbrook, British Columbia

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BYLAW NO. THE CORPORATION OF THE ITY OF CRANBROOK 4085 DEVELOPMENT COST CHARGE BYLAW A bylaw to impose development cost charges. WHEREAS pursuant to the Local Government Act, the Council of the City of Cranbrook may, by Bylaw, impose development cost charges; ANDWHEREAS development cost charges may be imposed for the purpose of providing funds to assist the municipality in paying the capital costs of providing, constructing, altering, or expanding sewage, water, drainage and roads facilities, and providing and improving park land to service directly or indirectly, the development for which the charges are imposed; ANDWHEREAS when considering the imposition of development cost charges the Council of the City of Cranbrook has taken the following into consideration: (a) future land use patterns and development; (b) the phasing of works and services; (c) the provision of park land described in the Official Community Plan (d) how development designed to result in a low environmental impact may affect the capital costs of infrastructure; (e) whether the charges are excessive in relation to the capital cost of prevailing standards of service in the City of Cranbrook; (f) whether the charges will, in the City of Cranbrook: (i) deter development, (ii) discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land, or (iii)discourage development designed to result in a lowenvironmental impact. NOW THEREFORE, the Council of the City of Cranbrook, in open meeting assembled, enacts as follows: PART 1 -- TITLE 1.1 This Bylaw may be cited as "Development Cost Charge Bylaw No. 4085, 2022". PART 2 -- DEFINITIONSAND INTERPRETATION 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 Local Government Act or the Community Charter, as the case may be. 2.2 The headings given to the parts and sections in this Bylaw are for convenience and reference only, and do not form a part of thus Bylaw and are not to be used for the interpretation of such. 2.3 The Schedules attached to this Bylaw are part of this Bylaw. 2.4 Any reference to a statute or regulation refers to an enactment of British Columbia as amended, revised consolidated or replaced from time to time, and any reference to a bylaw refers to a bylaw of the City of Cranbrook, as amended, revised consolidated or replaced from time to time. o\TY op 2.5 In this bylaw: "Building" "Building Permit" "city" "Commercial" "Comprehensive Development Zone" "Construction" "Development" "Dwelling Unit" "Four Family Dwelling" "Gross Floor Area" "High Density Residential" "|ndustrial" "|nstitutiona|" means a structure used or intended to be used for supporting or sheltering any use or occupancy. means Building Permit as defined in the City of Cranbrook Building Bylaw. means the City of Cranbrook. means a use permitted in a commercial zone designated in the City of Cranbrook Zoning Bylaw, including the C-1, C-2, C- 3, C-3A, C-4, C-5, and C-6 zones and any additional zones the City adds to the Commercial Zone list set out in the Zoning bylaw, as well as the X zone. means a Comprehensive Development Zone as set out in the City of Cranbrook Zoning Bylaw, which are identified with the CD prefix. includes building, erection, installation, repair, alteration, addition, enlargement, moving, locating, relocating, reconstruction, demolition, removal, excavation, or shoring. means Construction that requires the issuance of a Building Permit and Subdivision. means a DwellingUnitas defined in the City of Cranbrook Zoning Bylaw. means a Four Family Dwelling as defined in the City of Cranbrook Zoning Bylaw. means the sum of the total horizontal area of all floors of a Building, except for the horizontal floor area used for concealed off street parking spaces. means a use permitted in the following Residential Zones designated in the City of Cranbrook Zoning Bylaw: R-6 zone, or a residential use permitted in the C-1 and C-4 zone, and any additional zones the City adds to the High Density Residential Zone list set out in the Zoning bylaw. means a use permitted in an industrial zone designated in the City of Cranbrook Zoning Bylaw, including the M-1, M-2, and M--3zones and any additional zones the City adds to the Industrial Zone list set out in the Zoning bylaw. means a use permitted in a Public Zone designated in the City of Cranbrook Zoning Bylaw, including the P-1, P-2, P-3, P-4, and ID-1zones and any additional zones the City adds to the Public Zone list set out in the Zoning bylaw. "Low Density Residential" "Medium Density Residential" "Mobile Home" "Secondary Suite" "Security Suite" "Structure" "Subdivision" "Three Family Dwe||in" "Two Family Dwelling" "Zone" "Zoning Bylaw" means a use permitted in the following Residential Zones designated in the City of Cranbrook Zoning Bylaw: RT, RS, R- 1, RD, R-2, R-3, R-3A, R-7, and R-8 and any additional zones the City adds to the Low Density Residential Zone list set out in the Zoning bylaw. means a use permitted in the following Residential Zones designated in the City of Cranbrook Zoning Bylaw: R-4 and R-5 zones and any additional zones the City adds to the Medium Density Residential Zone list set out in the Zoning bylaw. means a Mobile Home or Manufactured Home as defined in the City of Cranbrook Zoning Bylaw. means a Secondary Suite as defined in the City of Cranbrook Zoning Bylaw. means a Security Suite as defined in the Cityof Cranbrook Zoning Bylaw. means any construction ?xed to, supported by, or sunk into land or water, excluding paving or surfacing materials such as asphalt or concrete. means a subdivision as defined in the Land TitleAct or creation of bare land strata parcels under the Strata Property Act. means a Three Family Dwelling as defined in the City of Cranbrook Zoning Bylaw. means a Two Family Dwelling as defined in the City of Cranbrook Zoning Bylaw. means the zones identified and defined in the Cityof Cranbrook Zoning Bylaw. means the City of Cranbrook Zoning Bylaw. PART 3 -- DEVELOPMENTCOST CHARGES 3.1 Every person who obtains: a. approval of a Subdivision; or b. a Building Permit authorizing the Construction, alteration or extension of a Building or Structure, including a Building Permit that authorizes the Construction alteration, or extension of a Building or part of a Building that will,after the Construction, a|teration,eor extension, contain one or more Dwelling Units; shall pay to the City the development cost charges set out herein. 3.2 3.3 The amount to be paid: a. withinthe period from the date of adoption of this Bylaw until one year less a day after adoption of this Bylaw, in accordance with Schedule A. within the period from one year after the date of adoption of this Bylaw untiltwo years less a day after adoption of this Bylaw, in accordance with Schedule B. for the period following two years after the date of adoption of this Bylawfon/vard, in accordance with Schedule C. Allcharges imposed by this bylaw may be paid by instalments in accordance with BC Reg. 166/84 to the Local Government Act, being the Development Cost Charges (instalments) Regulation. PART 4 - EXEMPTION OF CHARGES 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, alteration or extension of a Buildingor part of a Building that is, or willbe, after the Construction, alteration or extension, exempt from taxation under section 220(1)(h) or 224(2)(f) of the Community Charter'. or, the value of the work authorized by the permit does not exceed $50,000 or any other amount prescribed by regulation under the Local Government Act; or, the permit authorizes the Construction, alteration, or extensionof self-contained Dwelling Unit the area of which is no larger than 29. m2,and each DwellingUnit willbe put to no other use than residential use. PART 5 -- CALCULATIONOF 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, B, and C: a. for Subdivision in a Low Density Residential area, at the rate set for Low Density Residential; for Development in an area zoned R-3, and R-3A at the rate set for Low Density Residential; for a Two Family Dwelling,Three Family Dwelling, or Four Family Dwelling for each Dwelling Unit authorized by Building Permit at the rate set for Low Density Residential; for Secondary Suites at the rate set for Medium Density Residential for each Secondary Suite; for Security Suites, at the rate set for High Density Residential for each Security Suite; f. for Building Permits for Dwelling Units in Medium Density Residential or High Density Residential areas, at Medium Density Residential or High Density Residential rate, as the case may be, at the time of approval of a Building Permit; g. for Mobile Home Dwelling Units, where the units are not located on their own individual lots or bare land strata lots.at the rate set for Low Density Residential; h. for Commercial, Industrial, or Institutional Development, the Gross Floor Area of the Building, except for the area of Dwelling Units, Secondary Suites and Security Suites, at the Commercial, Industrial, or Institutional rate, as the case may be, at the time of approval of a BuildingPermit; i. for Dwelling Units within Commercial, Industrial, Institutional, A, or UH areas authorized to be constructed, altered, or extended by the Building Permit at the rate for: (i) Low Density Residential per Dwelling Unit ifwithin an area zoned Commercial, Industrial or Institutional, A or UH; except for, (ii) High Density Residential per Dwelling Unit ifwithin an area zoned C-1 or C-4. 5.2 The amount of development cost charges payable in relation to a Comprehensive Development Zone, AIR zone or other 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. PART 6 -- TIMINGOF PAYMENT 6.1 Development cost charges imposed by this Bylaw must be paid to the City at the time of approval of a Building Permit authorizing the Construction except for where an application is made for the Subdivision of Low Density Residential land, prior to approval of such Subdivision; PART 7 -- SEVERABILITY 7.1 Ifany 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. PART 8 -- REPEAL 8.1 The City of Cranbrook Development Cost Charge Bylaw No. 3483, 2004 is repealed. 8.2 The City of Cranbrook Development Cost Charge Amendment Bylaw No. 3693, 2010 is repealed. Statutory Approval Attached Inspector of Municipalities Read a first time this 25"'day of April 2022. Read a second time this this 25"'day of April 2022. Read a third time this this 25"'day of April2022. Approved by the Inspector of Municipalities this 16"'day of May 2022. PART 9 -- EFFECTIVE DATE 9.1 This Bylaw comes into effect upon adoption. Adopted this this 30"'day of May 2022. City Clerk Mayor storm Total Land Use Roads Water Sewer Parks Development Drainage Cost Charges SCHEDULE A From the date of Bylaw adoption of this Bylaw unti l one year less a day after adoption of this Bylaw Development Cost Charges Low Density Residential Medium Density Residential High Density Residential Commercial Industrial institutional Per Lot or Dwelling unit Per Dwelling unit Per Dwelling unit m2gross ?oor area m2gross ?oor area m2gross ?oor area $2,281 $1,734 $1,369 $41.06 $22.81 $27.37 $3,010 $2,408 $1,595 $30.10 $24.08 $36.12 $886" $709 $470 $109 $109 $7.98 $0 $0 $0.00 $000 $0.00 $329 $250 $197 $592 $329 $3.95 $6,506 $5,101 $3,631 $84.17 $57.27 $75.42 Unit of Charge Total Storm Land Use Roads Water Sewer Parks Development Drainage Cost Charges SCHEDULEB From one year after the date of adoption of this Bylaw until two years less a day after adoption of this Bylaw Development Cost Charges Low Density Residential Medium Density Residential High Density Residential Commercial Industrial Institutional Per Lot or Dwelling unit Per Dwelling unit Per Dwelling unit m2gross ?oor area m2gross ?oor area m2gross ?oor area $3,092 $2,350 $1,855 $55.65 $30.92 $37.10 $4,189 $3,351 $2,220 $41.89 $33.51 $50.27 $1,300 $1,040 $689 $10.40 $10.40 $11.70 $81 $65 $53 $0.24 $0.24 $0.20 $439 $334 $263 $190 $439 $5.27 $9,101 $7,140 $5,080 $116.08 $79.46 $104.54 Unit of Charge SCHEDULE C Storm Total Land Use Roads Water Sewer Parks Development Drainage Cost Charges From two years after the date of adoption of this Bylaw forward Development Cost Charges LowDensity Residential Medium Density Residential High Density Residential Commercial Industrial Institutional Per Lot or Dwelling unit Per Dwelling unit Per Dwelling unit m2gross ?oor area m2gross ?oor area m2gross ?oor area $3,862 $2,935 $2,317 $69.52 $38.62 $46.35 $5,309 $4,247 $2,814 $53.09 $42.47 $63.71 $1,694 $1,355 $898 $13.55 $13.55 $15.24 $177 $142 $115 $0.53 $0.53 $0.44 $543 $413 $326 $918 $5.43 $652 $11,585 $9,092 $6,470 $146.47 $100.60 $132.26 Unit of Charge $6 Statutory Approval Dated this 16 I hereby approve Bylaw No. 4085 Local Government Act of the Under the provisions of sections 560 of :e«;'~?a"-29:: ': +'=§~; 1;; 'L day , 2022 Deputy Inspector of Municipalities ' . >4 .. >* ' . nxl . 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