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1 | P a g e
THE CORPRATION OF THE VILLAGE OF CUMBERLAND
BYLAW NO. 1173, 2022
A bylaw to establish development cost charges.
WHEREAS pursuant to the Local Government Act, the Council of the Village of Cumberland 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 in paying the capital costs of providing, constructing, altering, or
expanding sewage, water, drainage and highway facilities, other than off-street parking facilities,
and providing and improving park land to service directly or indirectly, the development for which
the charges are imposed;
AND WHEREAS the Council of the Village of Cumberland is satisfied that the charges imposed by
this Bylaw are related to capital costs attributable to projects included in the municipality's
capital expenditure plans;
AND WHEREAS the Council of the Village of Cumberland has considered the charges imposed by
this bylaw in relation to:
(i)
future land use patterns and development;
(ii)
the phasing of works and services;
(iii)
the provision of park land described in the Official Community Plan;
(iv)
how development designed to result in a low environmental impact may affect
the capital costs of infrastructure; and
(v)
whether the charges are excessive in relation to the capital costs of prevailing
standards of service in the municipality.
AND WHEREAS Council of the Village of Cumberland has deemed charges imposed by this bylaw:
(i)
are not excessive in relation to the capital costs of prevailing standards of services
in the municipality;
(ii)
will not deter development in the municipality;
(iii)
will not discourage the construction of reasonably priced housing or the provision
of reasonably priced serviced land in the municipality; and
(iv)
will not discourage development designed to result in a low environmental impact
in the municipality.
The Corporation of the Village of Cumberland
Development Cost Charges Bylaw No. 1173, 2022
Page 2 of 10
The Council of the Corporation of the Village of Cumberland, in open meeting assembled, enacts
as follows:
Title
1.
This Bylaw may be cited for all purposes as the "Development Cost Charges Bylaw No.
1173, 2022".
Definitions
2.
The definitions of words and 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.
3.
In this bylaw:
BUILDING PERMIT
means any permit required by the Village of Cumberland
that authorizes the construction, alteration or extension of
a building or structure.
COMMERCIAL
means any commercial use or development as defined by
the Village of Cumberland's zoning bylaw.
DWELLING UNIT
means one or more habitable rooms that together function
as a set of living quarters for one person or household. A
dwelling unit contains one set of cooking facilities and has a
private entrance either from outside or from a common hall
inside a building. Dwelling units include vacation rentals,
but
do
not
include
other
commercial
sleeping
accommodations for the travelling public or recreational
vehicles as defined by Village of Cumberland's zoning
bylaw.
GROSS FLOOR AREA
means the total area of all the floors measured to the
extreme outer limits of the building, or to the centre of
common walls as calculated in accordance with the Village
of Cumberland's zoning bylaw.
INDUSTRIAL
means any industrial use or development as defined by the
Village of Cumberland's zoning bylaw.
INSTITUTIONAL
means any institutional use or development as defined by
the Village of Cumberland's zoning bylaw.
The Corporation of the Village of Cumberland
Development Cost Charges Bylaw No. 1173, 2022
Page 3 of 10
LOT
means land designated as a separate and distinct parcel on
a legally recorded subdivision plan or description filed in the
records of the Land Title Office.
MUNICIPALITY
means the municipal corporation of the Village of
Cumberland.
RESIDENTIAL
means any building or portion of a building containing
dwelling units.
RESIDENTIAL, LOW DENSITY
means a residential use or development that consists of the
following types of dwellings as defined by the Village of
Cumberland's zoning bylaw:
(a) single-family
(b) duplex
RESIDENTIAL, MEDIUM DENSITY
means a residential use or development that consists of the
following types of dwellings as defined by the Village of
Cumberland's zoning bylaw:
(c) townhouse
(d) manufacture home
RESIDENTIAL, HIGH DENSITY
means a residential use or development that consists of the
following types of dwellings as defined by the Village of
Cumberland's zoning bylaw:
(a) multi-family
(b) apartment
SECONDARY SUITE
means a self-contained, accessory dwelling unit located
within a principal single-family dwelling or in an accessory
building on the same parcel as a single-family dwelling. A
secondary suite does not include a duplex. A secondary
suite shares common utility connections with a principal
single-family dwelling. A secondary suite must follow all
regulations outlined in the Village of Cumberland's zoning
Bylaw.
The Corporation of the Village of Cumberland
Development Cost Charges Bylaw No. 1173, 2022
Page 4 of 10
SITE UTILIZED
means the part of a lot is being used, developed or that is
affected by a Development Permit and/or Building Permit
as illustrated in Figure A.
Figure A: Example of Showing Portion of Site Utilized
ZONING BYLAW
means "Zoning Bylaw No. 1027, 2016" as amended or
superseded from time to time.
Development Cost Charges
4.
The development cost charges set out in Schedule A to this bylaw are imposed on 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 that will, after the construction,
alteration or extension, contain fewer than four (4) self-contained dwelling units
and be put to no other use than the residential use in those dwelling units
5.
Every person subject to the development cost charges imposed by this bylaw must pay
the development cost charges to the Village of Cumberland in accordance with this bylaw.
The Corporation of the Village of Cumberland
Development Cost Charges Bylaw No. 1173, 2022
Page 5 of 10
Exemptions
6.
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 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 by a bylaw authorized by
224(2)(f) of the Community Charter;
(b)
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 Village of Cumberland;
(c)
the development does not impose new capital cost burdens on the Village of
Cumberland;
(d)
the permit authorizes the construction, alteration or extension of self-contained
dwelling units in a building, and the area of each self-contained dwelling unit is no
larger than 29m2, and each dwelling unit will be put to no other use than
residential use; or
(e)
the value of the work authorized by the permit does not exceed $50,000.
7.
Despite any other provision of this bylaw, development cost charges are not required or
payable for secondary suites.
Calculation of Applicable Charges
8.
The amount of development cost charges payable in relation to a particular development
shall be calculated using the rates set out in Schedule A to this bylaw based on the
applicable number of development units.
9.
Transportation, water, drainage, parks development cost charges imposed by this bylaw
are applicable to all development throughout the Village of Cumberland.
10.
Different sanitary sewer development cost charges are imposed by this bylaw and are
applicable in the following areas:
(a)
Village-wide sanitary sewer development cost charges are applicable to all
development within the municipal boundary of the Village of Cumberland as
shown on Schedule B to this bylaw.
(b)
Additional area specific development cost charges are applicable to development
within the Area Specific Sanitary Sewer DCC Area boundaries shown on Schedule
B to this bylaw.
The Corporation of the Village of Cumberland
Development Cost Charges Bylaw No. 1173, 2022
Page 6 of 10
11.
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, that are included in the building permit application
and shall be the sum of the charges payable for each type.
12.
Where a type of development is not identified in Schedule A to this bylaw, the amount of
development cost charges to be paid to the Village of Cumberland shall be equal to the
development cost charges that are payable for the most comparable type of
development.
Timing of Payment
13.
Development cost charges imposed by this Bylaw must be paid in full to the Village of
Cumberland at the following times:
(a)
where an application is made for the subdivision of land for single-family
residential development, at the time of approval of such subdivision;
(b)
for duplex developments, at the time of subdivision approval for one of the
dwelling units, and for the second dwelling unit, at the time of approval of a
building permit authorizing the development; and
(c)
for all other types of development to which this bylaw applies, including multi-
family residential, commercial, industrial, and institutional development, after the
application for a building permit has been made but before the building permit
has been issued.
Severability
14.
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 shall be deemed to be severed and the
remainder of this bylaw shall remain valid and enforceable in accordance with its terms.
Repeal and Transition
15.
Subject to section 16 of this bylaw, the "Corporation of the Village of Cumberland
Development Cost Charges Bylaw No.934, 2010", and all amendments thereto are hereby
repealed.
16.
Despite section 15 of this bylaw, the "Corporation of the Village of Cumberland
Development Cost Charges Bylaw No. 934, 2010", and all amendments thereto shall apply
for the purpose of imposing and collecting development cost charges in relation to "in-
stream" development applications referred to in sections 511 and 568 of the Local
Government Act, and for no other purpose.
The Corporation of the Village of Cumberland
Development Cost Charges Bylaw No. 1173, 2022
Page 7 of 10
Effective Date
17.
This bylaw shall come into force on the day of adoption.
READ A FIRST TIME THIS
8TH
DAY OF
AUGUST
2022
READ A SECOND TIME THIS
8TH
DAY OF
AUGUST
2022
READ A THIRD TIME THIS
8TH
DAY OF
AUGUST
2022
APPROVED BY THE INSPECTOR
OF MUNICIPALITIES THE
24TH
DAY OF
NOVEMBER
2022
ADOPTED THIS
9TH
DAY OF
JANUARY
2023
Mayor
Corporate Officer
The Corporation of the Village of Cumberland
Development Cost Charges Bylaw No. 1173, 2022
Page 8 of 10
SCHEDULE A
Table 1: Development Cost Charges in force at the date of bylaw adoption
Land Use
(Development Units)
Transportation
Water
Sanitary Sewer
Village Wide
Sanitary Sewer
Area Specific
Storm
Drainage
Parks
Low Density Residential
(per dwelling unit or lot)
$8,007.00
$3,725.07
$1,075.88
$4,263.13
$2,178.74
$1,032.51
Medium Density Residential
(per dwelling unit)
$3,524.29
$3,004.09
$867.64
$3,438.01
$1,176.52
$832.67
High Density Residential
(per dwelling unit)
$3,524.29
$2,403.27
$694.11
$2,750.41
$718.98
$666.13
Commercial
(per m2 of gross floor area)
$83.28
$15.62
$4.51
$17.88
$6.97
--
Industrial
(per ha of site utilized)
$72,178.22
$21,629.46
$6,247.03
$24,753.66
$49,021.60
--
Institutional
(per m2 of gross floor area)
$95.23
$13.22
$3.82
$15.13
$6.54
--
Notes to Schedule:
The Corporation of the Village of Cumberland
Development Cost Charges Bylaw No. 1173, 2022
Page 9 of 10
- Area Specific Sanitary Sewer development cost charges only apply to development within the Area Specific Sanitary Sewer
Servicing Area shown on Schedule B to this Bylaw. When this this is the case, Sanitary Sewer Village-Wide development cost
charges are also imposed.
SCHEDULE B
Map 1: Village Wide (Municipal Boundaries) and Area Specific Sanitary Sewer Servicing Area
The Corporation of the Village of Cumberland
Development Cost Charges Bylaw No. 1173, 2022
Page 10 of 10