Elkford, British Columbia
· No. 860
· adopted 2022-08-08
· summary & facts
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DISTRICT OF ELKFORDDevelopment Cost ChargeBylawNo.860, 2021A Bylaw toimpose Development Cost Charges in the Distric
Are not excessive inrelation 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 constructionof reasonably priced housing or the provision of reasonably pri
Will not discourage development designed to result in a low environmental impact in the municipality;AN
TITLE1.1.
This bylaw may be cited as"Development Cost Charge Bylaw No. 860, 2021".
DISTRICT OF ELKFORD
Development Cost Charge Bylaw No. 860, 2021
A Bylaw to impose Development Cost Charges in the District of Elkford
WHEREAS pursuant to the Local Government Act, RSBC 2015, c. 1 S. 559, a Council 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, excepting 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 District of Elkford 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, the phasing of works and services 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 sewage, water, drainage, and highways and providing and improving
park land;
AND WHEREAS Council would like to encourage development within the downtown core;
AND WHEREAS in the opinion of the Council, the charges imposed by this Bylaw are related to capital
costs attributable to project 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 District of Elkford in open meeting assembled enacts as follows:
1. TITLE
1.1. This bylaw may be cited as "Development Cost Charge Bylaw No. 860, 2021".
2.
DEFINITIONSAND INTERPRETATION2.1.
For the purposes of this bylaw, the definitions of words or phrases that are not included in this section shall
In this bylaw:"AffordableRental Housing" meansa type of housing that is of a rental tenure with rentswhich
2. DEFINITIONS AND 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. In this bylaw:
11 Affordable Rental Housing" means a type of housing that is of a rental tenure with rents which
are controlled to stay below the average rates in the private-market.
"Building" means an exterior Structure used or intended for supporting or sheltering any use
or occupancy.
"Building Permit" means a permit issued by the District of Elkford authorizing Construction of
a Building or Structure.
"Commercial" means a Development used or intended to be used for the carrying on of any
business, including the sale or provision of goods, accommodation, entertainment, meals or
services, but excludes an Industrial, Institutional or Residential Development.
"Construction" includes building, erection, installation, repair, alteration, addition,
enlargement, moving, locating, relocating, reconstruction, demolition, removal, excavation, or
shoring.
"Dwelling Unit" means a Building or portion thereof containing one or more habitable rooms
used or intended to be used for living and sleeping purposes and containing sleeping, sanitary
facilities and not more than one (1) set of cooking facilities.
"District" means the District of Elkford.
"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 oof the Building and/or Structure, or part thereof, is not changing.
"Development Cost Charge" means charges imposed under this bylaw.
"Downtown Core" means any lands zoned C-1 Town Centre Commercial in the District's
Zoning Bylaw.
"Gross Floor Area" or "GFA" means the sum of the total horizontal area of all floors of a
Building, excluding, hallways, stairwells, elevator shafts, storage rooms, heating, ventilation,
air conditioning and mechanical rooms, swimming pools, open sundecks, balconies, and any
portion used for parking.
"Industrial" means a Development used or intended to be used for manufacturing,
production, assembly, testing, warehousing, distribution or storage of products and materials,
but excludes a Commercial, Institutional, or Residential Development.
Development Cost Charge Bylaw No. 860, 2021
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2
"Institutional" means aDevelopmentintended to be used only on a non-profit basis for cultural, recreational, social, religi
DEVELOPMENT COST CHARGES3.1.
Development Cost Chargesare hereby imposed on every person who obtains:3.1.1.
Approval of a Subdivision; or 3.1.2.
A Building Permitauthorizing the Construction, alteration, or extension of a Buildingor Structu
A Building Permitauthorizing the Construction, alteration or extension of a Buildingor Structu
"Institutional" means a Development intended to be used only on a non-profit basis for
cultural, recreational, social, religious, governmental, public hospital or educational purposes,
but excludes a commercial, Industrial, or Residential Development.
"Low Environmental Impact" means a Development which, by design, will result in lower
impacts to natural features within the site and which the proposed Buildings and/or
transportation infrastructure will reduce energy use.
"Mobile Home" means any Structure, whether ordinarily equipped with wheels or not, that is
designed, constructed or manufactured to a CSA Z240MH standard and which is moved from
one place to another by being towed or carried on its own chassis, and which contains a
Dwelling Unit.
"Mobile Home Lot" means an area of land within a Mobile Home Park occupied or intended
to be occupied by one Mobile Home.
"Mobile Home Park" means Land used for the accommodation of two or more Mobile Homes.
"Multiple-Unit Residential" means a Building containing three (3} or more Dwelling Units.
"Residential" means a use permitted in a Residential Zone, or a Dwelling Unit permitted in a
Commercial Zone, created by the Zoning Bylaw.
"Single-Unit Residential" means a dwelling containing one (1} Dwelling Unit, but that may
include a secondary suite as defined in the Zoning Bylaw.
"Structure" means any Construction fixed to, supported by, or sunk into land or water,
excluding asphalt or concrete paving or similar surfacing of a lot.
"Subdivision" means a subdivision as defined in the Land Title Act or Strata Property Act.
"Zone" means the zones identified and defined in the Zoning Bylaw.
"Zoning Bylaw" means the District of Elkford Zoning Bylaw in effect at the time of application
of this bylaw.
3. DEVELOPMENT COST CHARGES
3.1. Development Cost Charges are hereby imposed on every person who obtains:
3.1.1.
Approval of a Subdivision; or
3.1.2.
A Building Permit authorizing the Construction, alteration, or extension of a Building
or Structure; or
3.1.3.
A Building Permit authorizing the Construction, alteration or extension of a Building
or Structure 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.
Development Cost Charge Bylaw No. 860, 2021
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3
Who shall pay to the Districtthe Development Cost Chargein the amount set out in Schedule "A"which is attached
EXEMPTION OF CHARGES4.1.
Despite any other provision of this bylaw, a Development Cost Chargeis not payable if any of the followi
The Building Permitauthorizes the Construction, alteration or extension of a Buildingor part of a
The Building Permitauthorizes the Constructionor alteration of a Buildingwhere the valueof
The size of the Dwelling Unitis 29 square metres or less; or4.1.4.
ADevelopment Cost Chargehas previously been paid for the same Developmentunless, as a res
CALCULATION OF APPLICABLE CHARGES5.1.
The amount of Development Cost Chargespayable in relation to a particular Developmentshall be calc
The number of additional lotsbeing createdby theapplication foraSubdivisionfor Residentialu
The number of additional lots being created by the application for a Subdivision, including crea
For a duplex Building, one Development Cost Chargeshall be imposed for the second Dwelling U
For a Multiple-Unit Residential Building, oneDevelopment Cost Chargeshall be imposed f
Who shall pay to the District the Development Cost Charge in the amount set out in
Schedule "A" which is attached to and forms part of this bylaw. The Development Cost
Charge shall be paid prior to approval of a Subdivision or issuance of a Building Permit, as
the case may be.
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:
4. 1. 1. The Building 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 224(2)(f) of the Community Charter;
4. 1 .2.
The Building Permit authorizes the Construction or alteration of a Building where the
value of the work authorized by the Building Permit does not exceed $50,000;
4. 1 .3.
The size of the Dwelling Unit is 29 square metres or less; or
4.1 .4.
A Development Cost Charge has previously been paid for the same Development
unless, as a result of further Development, new capital cost burdens will be imposed on
the District.
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 Schedule" A" attached to this bylaw
and:
5.1.1.
The number of additional lots being created by the application for a Subdivision for
Residential use.
5.1.2.
The number of additional lots being created by the application for a Subdivision,
including creation of a bare land strata within a Mobile Home Park.
5. 1 .3.
For a duplex Building, one Development Cost Charge shall be imposed for the second
Dwelling Unit at the time of issuance of a Building Permit authorizing the
Development. The charge for the additional Dwelling Unit shall be equivalent to the
Single-Unit Residential charge. A charge will have been already paid (or assumed to
have been paid) for the first Dwelling Unit upon Subdivision to create the lot that
accommodates the duplex.
5.1 .4.
For a Multiple-Unit Residential Building, one Development Cost Charge shall be
imposed for each Dwelling Unit at the time of issuance of a Building Permit
authorizing the Development. A charge will have been already paid (or assumed to
have been paid) for the first Single-Unit Residential or Multiple-Unit Residential
Building upon Subdivision to create the lot that accommodates the Multiple-Unit
Residential. This charge is subtracted from the amount payable based on the number
of new Dwelling Units proposed.
Development Cost Charge Bylaw No. 860, 2021
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5.1.5.
The number of new Mobile Home Lotsbeing created by the application for Developme
The Gross Floor Areaof a Commercial, Industrial, orInstitutionalBuilding, at the time of
Where Development Cost Chargesare payable in accordance with paragraph 3 above, in the amount
one third (1/3) of the total Development Cost Chargesowing in accordance with this Bylaw shall be
one half (1/2) of the balance within one year after the date of Subdivisionapprovalor Building Per
the balance shall be paid in full within 2 years after the dateof Subdivisionapprovalor Building
where a developer elects to pay the charge by installments and fails to pay an installment wit
no interest is payable on the unpaid balance of a charge until it becomes due and payable, but when
a developer electing to pay a charge by installments must deposit with the Treasurer at the same tim
an irrevocable letter of credit or undertaking from a bank, credit union or Trust Company registere
a bond or surety licensed under the Insurance Act, or (iii)
a security duly assigned which ensures to the satisfaction of the Treasurer that upon default the
Where a type of Developmentis not specifically identified in Schedule "A" the amount of Development
The amount of Development Cost Chargespayable in relation to mixed-use type of Developme
5.1.5.
The number of new Mobile Home Lots being created by the application for
Development of a Mobile Home Park, where the Mobile Homes are not located on
their own individual lots or bare land strata lots.
5.1.6.
The Gross Floor Area of a Commercial, Industrial, or Institutional Building, at the
time of issuance of a Building Permit authorizing the Development.
5.1.7.
Where Development Cost Charges are payable in accordance with paragraph 3
above, in the amount of $50,000 or greater, the developer may elect to pay them by
installments, subject to the terms and conditions set out below:
(a) one third (1/3) of the total Development Cost Charges owing in accordance with this
Bylaw shall be paid at the time of Subdivision approval or Building Permit issuance;
(b) one half (1/2) of the balance within one year after the date of Subdivision approval or
Building Permit issuance;
(c) the balance shall be paid in full within 2 years after the date of Subdivision approval
or Building Permit issuance;
(d) where a developer elects to pay the charge by installments and fails to pay an
installment within any time required for payment herein, the total balance of the
charge becomes due and payable immediately;
(e) no interest is payable on the unpaid balance of a charge until it becomes due and
payable, but when it does, it is a condition of election under this section that interest
is payable from that date until payment at the rate or rates prescribed under section
11 (3) of the Taxation (Rural Area) Act, for the period of non-payment;
(f) a developer electing to pay a charge by installments must deposit with the Treasurer
at the same time as the payment of the first installment:
(i)
an irrevocable letter of credit or undertaking from a bank, credit union or Trust
Company registered under the Financial Institutions Act, or
(ii)
a bond or surety licensed under the Insurance Act, or
(iii) a security duly assigned
which ensures to the satisfaction of the Treasurer that upon default the balance of the
unpaid charge will be recoverable from the person, the bank, the surety or from the
proceeds of the realization of the security, as the case may be.
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 District shall be equal to the Development
Cost Charges that are payable for the most comparable type of Development.
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.
Development Cost Charge Bylaw No. 860, 2021
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6.
TIMING OF PAYMENT6.1.
Development Cost Chargesimposed by this bylaw must be paid to the Districtat the following t
Where an application is made for the Subdivisionof land zoned to permit Residentialuse at the tim
Where an application is made for the Subdivisionof land, including creation of a bare land strata, at
For a duplex unit, one Development Cost Chargedue at the time of Subdivisioncreating the
For Developmentof a Multiple-Unit ResidentialBuilding, at the time of issuanceof a Building
For placementof a Mobile Home, where the unitisnot located on an individual lot or bare land
For Commercial, Industrial, and InstitutionalDevelopment, at the time of issuanceof a Build
GRACE PERIOD8.1.
This Bylaw shall come intoeffect for all lands within the District on January 1, 2024.8.
SEVERABILITY9.1.
If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion must b
REPEAL10.1.
Bylaw No. 140cited as, "the Specified Area Cost Charges By-law, 1980"and any amendments thereto
6. TIMING OF PAYMENT
6.1. Development Cost Charges imposed by this bylaw must be paid to the District at the
following times:
6.1.1.
Where an application is made for the Subdivision of land zoned to permit Residential
use at the time of approval of such Subdivision;
6.1.2.
Where an application is made for the Subdivision of land, including creation of a bare
land strata, at the time of approval of such Subdivision;
6.1.3.
For a duplex unit, one Development Cost Charge due at the time of Subdivision
creating the parcel which accommodates the duplex, the second Development Cost
Charge due at the time of issuance of a Building Permit authorizing the Development;
6.1 .4.
For Development of a Multiple-Unit Residential Building, at the time of issuance of a
Building Permit authorizing the Development;
6.1.5.
For placement of a Mobile Home, where the unit is not located on an individual lot or
bare land strata lot, at the time of issuance of a Building Permit authorizing the
placement;
6.1.6.
For Commercial, Industrial, and Institutional Development, at the time of issuance of
a Building Permit authorizing the Development.
7. GRACE PERIOD
8.1. This Bylaw shall come into effect for all lands within the District on January 1, 2024.
8. SEVERABILITY
9.1. If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid
portion must be severed and the remainder of this bylaw is deemed to have been adopted
without the severed section, subsequent, paragraph, or subparagraph.
10.REPEAL
10.1.Bylaw No. 140 cited as, "the Specified Area Cost Charges By-law, 1980" and any amendments
thereto are hereby repealed.
Development Cost Charge Bylaw No. 860, 2021
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READ A FIRST TIME this 22nd day of November, 2021 .
READ A SECOND TIME this 22nd day of November, 2021 .
READ A THIRD TIME this 28th day of February, 2022.
RESCINDED THIRD READING AND RE-READ AS AMENDED this 9th day of May, 2022.
RESCINDED THIRD READING AND RE-READ AS AMENDED this 13th day of June, 2022.
APPROVED by the Inspector of Municipalities this 21 st day of July, 2022.
ADOPTED this 8th day of August, 2022.
Dean McKerracher - Mayor
Chantel Dawson - Director of Corporate Services
Development Cost Charge Bylaw No. 860, 2021
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SCHEDULE "A"
Development Cost Charges
Transportation
Storm
Sanitary
Water
Parks
Total Development Cost
Sewer
Charge
Single-Unit
$1,147.00
$451 .00
$879.00
$478.00
$1,252.00
$4,207.00
Per Dwelling
Residential
Unit
Multiple-Unit
$697.00
$262.00
$471 .00
$256.00
$671 .00
$2,357.00
Per Dwelling
Residential
Unit
Commercial
$15.75
$1.44
$3.77
$2.05
$5.37
$28.38
Per m2 Gross
Floor Area
Industrial
$11.25
$1 .02
$2.51
$1.37
$1.79
$17.94
Per m2 Gross
Floor Area
Institutional
$15.75
$1.44
$3.77
$2.05
$5.37
$28.38
Per m2 Gross
Floor Area