Development Cost Charges Bylaw No. 1329, 2025

Gibsons, British Columbia · No. 1329 · adopted 2025-09-29 · summary & facts

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1 TOWN OF GIBSONS BYLAW NO. 1329, 2025 A Bylaw to Impose Development Cost Charges WHEREAS it is deemed desirable to impose development cost charges; AND WHEREAS the development cost charges may be imposed for the sole purpose of providing funds to assist the municipality in paying the capital cost of providing, altering or expanding sewage, water, drainage and highway facilities other than off- street parking facilities, to service, directly or indirectly, the development for which the charges are being imposed; AND WHEREAS in setting the development cost charges imposed by this bylaw Council has taken into consideration the provisions of Division 19 of the Local Government Act; THEREFORE, the Municipal Council of the Town of Gibsons, in open meeting assembled, ENACTS AS FOLLOWS: SECTION 1 GENERAL PROVISIONS 1.1 SHORT TITLE This Bylaw may be cited for all purposes as "Development Cost Charges Bylaw No. 1329, 2025". 1.2 REPEAL Development Cost Charges Bylaw No. 1218 and any amendments thereto is repealed. 1.3 PURPOSE The purpose of this Bylaw is to impose development cost charges for water, sewage, drainage and transportation facilities provided by the Town. 1.4 SEVERABILITY The provisions of this Bylaw are severable. If any provision is for any reason held to be invalid by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Bylaw. TOWN OF GIBSONS DEVELOPMENT COST CHARGES BYLAW NO. 1329 2 SECTION 2 DEFINITIONS In this Bylaw unless the context requires otherwise, the following words and terms shall have the meanings hereinafter assigned to them: ACCESSORY DWELLING UNIT means a Dwelling Unit that is subordinate to a Primary Dwelling Unit or another principal use of the same lot, and includes but is not limited to, Secondary Suites and Lock-off Suites. APARTMENT means a building comprised of seven or more dwelling units; excludes Townhouses. COMMERCIAL means a use of property for purpose of buying, selling, or providing services including a business, office, retail sales, shopping malls, hotels, grocery stores, marinas, or a similar function. DUPLEX means a detached building consisting of two Primary Dwelling Units. DWELLING UNIT means a self-contained suite of rooms intended for residential use. GARDEN SUITE means a detached Dwelling Unit located on the same lot as a Single Detached Dwelling, Duplex, or Multiplex. A Garden Suite is often referred to as a laneway house or coach house. GROSS FLOOR AREA means the area within a building measured to the extreme outer limits of the building not including exterior hallways or stairways, balconies or terraces, common areas within apartment buildings, or parking or loading areas. HIGH-DENSITY RESIDENTIAL means a parcel with seven or more Dwelling Units. INDUSTRIAL means a use of property for the purpose of manufacturing, warehousing, transportational terminal, contractor premises, or similar function. INSTITUTIONAL means a use of property providing for public function such as a school, place of worship, meeting hall, community center, music hall, hospital, nursing home, or similar function. LOCK-OFF SUITE means an Accessory Dwelling Unit contained within an Apartment, with a separate, lockable entrance access to a shared common hallway and shared internal access, and which can be locked-off from the Primary Dwelling Unit. Lock-Off Suites are accounted for in the rate for the Primary Dwelling Unit. TOWN OF GIBSONS DEVELOPMENT COST CHARGES BYLAW NO. 1329 3 LOT means any lot, parcel, block, or other area in which land is held or into which it is legally subdivided, and for certainty, includes a bare land strata lot under the Strata Property Act LOW-DENSITY RESIDENTIAL means a parcel with one Single-Detached Dwelling, which may or may not include a Secondary Suite. MEDIUM-DENSITY RESIDENTIAL means a parcel with two to six dwelling units, excluding Secondary Suites and Lock-Off Suites. This may include any combination of Single-Detached Dwelling, Duplex, Garden Suite, Townhouse, or Multiplex. MULTIPLEX RESIDENTIAL means a residential building consisting of two to six Primary Dwelling Units; includes Duplex; excludes Townhouse. NET HECTARE means the remaining area of land being developed after deduction of any area to be dedicated to the Town for road or park purposes. PRIMARY DWELLING UNITS means a larger Dwelling Unit within a building containing an Accessory Dwelling Unit. SECONDARY SUITE means an Accessory Dwelling Unit within a Single Detached Dwelling, Duplex, or Townhouse. Secondary Suites are accounted for in the rates for those development types. SINGLE-DETACHED DWELLING means a building containing one Dwelling Unit and may contain a Secondary Suite. SUBDIVISION means a subdivision as defined in the Land Title Act or Strata Property Act TOWN means the Town of Gibsons. TOWNHOUSE means a building comprised of three or more dwelling units separated from one another by party walls extending from foundations to roof, with each dwelling have a separate direct entrance from the exterior. SECTION 3 APPLICATION 3.1 APPLICATION OF BYLAW 3.1.1 Pursuant to section 559(1) of the Local Government Act, the development cost charges set out in Schedule "A" to this Bylaw are hereby imposed on every person who obtains: 3.1.1.1 Approval of a subdivision of land under the Land Title Act or the Strata Property Act; or TOWN OF GIBSONS DEVELOPMENT COST CHARGES BYLAW NO. 1329 4 3.1.1.2 a building permit, including a permit authorizing the construction, alteration or extension of 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 3.2 EXEMPTIONS Development cost charges are not payable where the Local Government Act or any regulations thereunder provide that no development cost charge is payable. SECTION 4 CALCULATION OF APPLICABLE CHARGES Development cost charges imposed under this bylaw will be calculated where: IN RELATION TO A PARTICULAR DEVELOPMENT, USING THE APPLICABLE CHARGES SET OUT IN SCHEDULE "A" TO THIS BYLAW. Where a development is not specifically identified in Schedule "A" to this bylaw, the amount of development cost charges payable to the Town will be equal to the development cost charges that are payable for the most comparable type of development. The amount of development cost charges payable for multiple uses will be calculated separately for each use within the development and the total development cost charge to be paid will be the sum of the development cost charges for all uses within the development SECTION 5 EFFECTIVE DATE This bylaw comes into force and effect on the adoption date. READ a first time the 25TH DAY OF MARCH, 2025 READ a second time the 25TH DAY OF MARCH, 2025 READ a third time the 25TH DAY OF MARCH, 2025 APPROVED by Inspector of Municipalities 19TH DAY OF SEPTEMBER, 2025 ADOPTED the 29TH DAY OF SEPTEMBER, 2025 _____________________________ ______________________________ Silas White, Mayor Rebecca Anderson, Corporate Officer TOWN OF GIBSONS DEVELOPMENT COST CHARGES BYLAW NO. 1329 5 Schedule "A" Development Cost Charges Transportation Drainage Water Sanitary Sewer Total Development Cost Charge Low-Density Residential $13,660.42 $3,557.79 $15,876.05 $15,527.28 $48,621.54 Per Lot/ Dwelling Unit Medium-Density Residential $8,839.10 $2,063.52 $8,930.28 $8,734.09 $28,566.99 Per Dwelling Unit High-Density Residential $7,098.06 $1,174.07 $5,953.52 $5,822.73 $20,048.38 Per Dwelling Unit Commercial $107.14 $19.85 $19.41 $146.40 Per sq. m. GFA Commercial Drainage $113,849.36 $113,849.36 Per net ha Industrial $37.50 $20.84 $20.38 $78.72 Per sq. m. GFA Industrial Drainage $71,155.85 $71,155.85 Per net ha Institutional $107.14 $19.85 $19.41 $146.40 Per sq. m. GFA Institutional Drainage $113,849.36 $113,849.36 Per net ha