City of Langford Amenity Cost Charge Bylaw No. 2275, 2026 — full text, Langford, British Columbia

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CITY OF LANGFORD BYLAW NO. 2275 AMENITY COST CHARGE BYLAW WHEREAS, pursuant to the Local Government Act, a local government may, by bylaw, impose Amenity Cost Charges; AND WHEREAS the Council of the City of Langford has consulted with interest-holders; AND WHEREAS, Amenity Cost Charges may be imposed for the purposes of providing funds to assist the municipality in paying the capital costs of providing, constructing, altering, or expanding a facility or feature (amenity) that provides social, cultural, heritage, recreational or environmental benefits to a community and service, directly or indirectly, the development for which the charges are imposed; AND WHEREAS Council has taken into consideration: a) Future land use patterns and development, b) The provision of facilities and amenities described in the Official Community Plan, c) Increases in population growth of residents and workers, d) The City's 5-Year Financial Plan; e) The capital costs of amenities that will receive funding from the charge and phasing of amenities; and f) Whether the charges: i. Are excessive in relation to the capital cost of prevailing standards of service in the City ii. Will deter development in the City, and iii. Will discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land. NOW THEREFORE BE IT RESOLVED that the Council of the City of Langford, in open meeting assembled, hereby enacts as follows: Interpretation 1. In the event of a conflict with any term of this bylaw with the provisions of the Local Government Act authorizing the imposition of Amenity Cost Charges, this bylaw is to be interpreted so that it is consistent with the authority set out in the Local Government Act. 2. In this Bylaw, the words or phrases that are not defined in this section but are defined in the Zoning Bylaw shall have the meaning assigned to them in the Zoning Bylaw. 3. In this bylaw: "Amenity Cost Charges" means the applicable rates prescribed in Schedule "A" of this bylaw. "Building Permit" means a building permit under the City of Langford Building Bylaw 1160, as amended, repealed, and replaced from time to time. "City" means the City of Langford. Bylaw No. 2275 Page 2 of 7 "Construction" means constructing a new building, or altering, reconstructing, demolishing, removing, repairing, or relocating an existing building. "Development" means approval of a Subdivision, or a Building Permit authorizing the Construction, alteration, reconstruction, demolition, removal, repair, relocation or extension of a building or structure. "Official Community Plan" means Bylaw 2200. "Previously Approved Development" means a Development that is subject to a site-specific conditional density rule, either as specified in a Comprehensive Development Zone or Schedule AD to the Zoning Bylaw. "Subdivision" means a subdivision as defined in the Local Government Act. "Zoning Bylaw" means Zoning Bylaw No. 300. Amenity Cost Charges 4. 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 B of this bylaw to service, directly or indirectly, the increased population of residents or workers that results from the Development for which the charge is being imposed, the Amenity Cost Charges set out in Schedule "A", attached hereto and forming part of this bylaw, are hereby imposed on every person who obtains: a) Approval of a Subdivision which results in two or more lots on which the Zoning Bylaw permits the Construction of a one-family dwelling. b) A Building Permit authorizing the Construction of a building or structure for a residential use other than a one-family dwelling, commercial, light industrial or general industrial use. and the Amenity Cost Charge shall be paid upon the approval of a Subdivision or issuance of a Building Permit, as the case may be. 5. For clarity, the charges set out in Schedule "A" apply to the entire area of the City. Calculation of Amenity Cost Charges 6. The amount of Amenity Cost Charges payable in relation to a particular Development shall be calculated using the applicable charges set out in Schedule "A". 7. The amount of Amenity Cost Charges payable to the City in relation to a Development with a mix of uses shall be calculated separately for each portion of the Development, in accordance with Schedule "A", based on the mix of uses included in the Building Permit application and the total Amenity Cost Charges payable shall be the sum of the charges payable for each type. Bylaw No. 2275 Page 3 of 7 8. Where a type of Development is not specifically identified in Schedule "A" the amount of Amenity Cost Charges to be paid to the City shall be equal to the Amenity Cost Charges that are payable for the most comparable type of Development. Exemptions 9. A charge is not payable in relation to the following situations: a) Where a 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 either of the following provisions of the Community Charter: section 220 (1) (h) [statutory exemption for places of public worship or section 224 (2) (f) [permissive exemptions in relation to places of public worship]. b) In relation to affordable and special needs housing units that are required under an Inclusionary Zoning Bylaw. c) If no increase in the population of residents or workers is expected to result from the Development. d) In respect of a particular amenity, if an Amenity Cost Charge in respect of that amenity has 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 in the Prescribed Classes of Affordable Housing (Local Government Act) Regulation. f) Where the Local Government Act or any regulations thereunder provide that no Amenity Cost Charge is payable. g) A Subdivision or Building Permit application for a Previously Approved Development. h) For a Subdivision or Building Permit application for a lot that was subject to an Official Community Plan amendment which resulted in a change of use or density, and that use and density is reflected in the Subdivision approval or Building Permit; i. For clarity, contribution requirements referred to in section 9. h) must provide equal or greater public benefit than the conditions of this bylaw, and is subject to financial analysis of the Development and the registration of a Section 219 Covenant on title securing such amenities or amenity contributions. Alternative Compliance 10. The City may enter into an agreement for the provision, Construction, alteration, or expansion of an amenity or land in lieu of an Amenity Cost Charge payment. An amenity referred to in this section must: a) be an amenity that is specified in the Amenity Cost Charge bylaw under section 570.7 (1) (b) of the Local Government Act, and b) have a location acceptable to the City. 11. An agreement referred to in section 10. must specify: Bylaw No. 2275 Page 4 of 7 a) the amenity to be provided, constructed, altered, or expanded, or the land to be provided for the amenity; b) the location of the amenity or land; c) who is to provide, construct, alter, or expand the amenity or provide the land; d) when the amenity is to be provided, constructed, altered, or expanded or when the land is to be provided; e) the value of the amenity or land and how the local government and the person that determined that value; f) any remainder of the Amenity Cost Charge to be paid; g) the payment or crediting to the person of the amount, if any, by which the value of the amenity or land exceeds the amount of the Amenity Cost Charge; and h) any other information prescribed by Provincial regulation. 12. If partial payment of an Amenity Cost Charge is made by providing, constructing, altering, or expanding an amenity, or providing land for an amenity, the value of such payment shall be approved by the City, and the remainder must be paid in accordance with the Amenity Cost Charge bylaw. 13. If land for an amenity is to be provided under section 10, a registrable transfer of the land must be provided to the local government. Refunds 14. Under no circumstances shall any charges collected under this bylaw be refunded. When an approved Subdivision plan is not deposited or no Construction is commenced pursuant to an approved Building Permit that later expires, charges collected shall be credited toward charges payable in respect of a future charging event under Table 1, Schedule "A" Effective date 15. This bylaw shall come into force and effect on the date of adoption, except charges do not apply to any Development that has submitted a complete application for Building Permit, Subdivision, development permit, or zoning amendment prior to adoption of the bylaw. Severance 16. In the event a portion of this bylaw is set aside by a court of competent jurisdiction, the portion is deemed to be severed from the bylaw such that the remaining portions of the bylaw continue in force and effect. PRESIDI G COUNCIL MEMBER CORPORATE OFFICER ISADrio Watmough eqrporate Officer Bylaw No. 2275 Page 5 of 7 Citation 17. This Bylaw may be cited for all purposes as "City of Langford Amenity Cost Charge Bylaw No. 2275, 2026". READ A FIRST TIME this 15th day of June, 2026. READ A SECOND TIME this 15th day of June, 2026. READ A THIRD TIME this 15th day of June, 2026. ADOPTED this 29th day of June, 2026. Bylaw No. 2275 Page 6 of 7 SCHEDULE A - ATTACHED TO AMENITY COST CHARGES BYLAW 2275, 2026 Amenity Cost Charges The Charges to be levied and paid are in the amounts specified in Columns B and C of Table 1 in respect of the class of Development specified in Column A: Amenity Cost Charges Column "A" Class of Development Column "B" Building Permit (per new dwelling unit) Column "C" Subdivision (per new lot) One-family dwelling lot <400 m2 $3,300 One-family dwelling lot >400 m2 $5,000 Two-family dwelling unit $3,300 Townhouse dwelling unit $3,050 Apartment dwelling unit $3,050 Commercial Use or Industrial Use $10.75/m2 ($1.0/ft2) Gross Floor Area Bylaw No. 2275 Page 7 of 7 SCHEDULE B - ATTACHED TO AMENITY COST CHARGES BYLAW 2275, 2026 List of Amenities 1. Recreation centre 2. Community and arts centres 3. Transformed streets and public realm improvements, including plazas, squares, street furniture, enhanced landscaping, bike parking, wayfinding and art