Langley Development Cost Charges Bylaw No. 5897 (consolidated with Amending Bylaw No. 6024) — full text, Langley, British Columbia

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THE CORPORATION OF THE TOWNSHIP OF LANGLEY LANGLEY DEVELOPMENT COST CHARGES BYLAW NO. 5897 CONSOLIDATED FOR CONVENIENCE ONLY EXPLANATORY NOTE Bylaw No. 5897 repeals the Langley Development Cost Charges Bylaw No. 5555 and amendments thereto and establishes a new Development Cost Charges Bylaw. Amending Bylaw 6024 - adopted December 2, 2024 Bylaw No. 6024 amends the Langley Development Cost Charges Bylaw No. 5897 by removing the Highway 1 at 232 Street Interchange Project from the Roads Development Cost Charges (DCC) and amending the Roads DCC rates accordingly. THIS IS A CONSOLIDATED BYLAW PREPARED BY THE CORPORATION OF THE TOWNSHIP OF LANGLEY FOR CONVENIENCE ONLY. THE TOWNSHIP DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THIS CONSOLIDATION IS CURRENT. IT IS THE RESPONSIBILITY OF THE PERSON USING THIS CONSOLIDATION TO ENSURE THAT IT ACCURATELY REFLECTS CURRENT BYLAW PROVISIONS. THE CORPORATION OF THE TOWNSHIP OF LANGLEY LANGLEY DEVELOPMENT COST CHARGES BYLAW NO. 5897 The Municipal Council of the Corporation of the Township of Langley, in Open Meeting Assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited for all purposes as "Langley Development Cost Charges Bylaw No. 5897". As a short title, it may be known as "DCC Bylaw No. 5897". Definitions 2. For the purposes of this Bylaw: Area of Development means that portion of the parcel of land encompassing or covered by buildings and structures, including, but not limited to, zoning setbacks, storage yards and parking areas, driveways, easements, and areas encumbered by rights-of-way, landscaping areas, detention and siltation ponds, ancillary structures and other areas used for a facility or structure to support the development or use of the property. Environmental reserve areas are not included in the Area of Development, provided such areas are protected by a restrictive covenant registered in favor of the Township of Langley, to the satisfaction of the Director of Engineering for the Township of Langley, or their designate. Commercial 1 means all developments zoned for commercial uses under the Zoning Bylaw, and all developments having commercial uses undertaken in buildings or on land where the zoning designation under the Zoning Bylaw is other than commercial: and where the first storey Gross Floor Area is 3,700 square metres or less. This includes, but is not limited to, all rural commercial uses, campgrounds, golf courses, outdoor recreational uses, and any other similar uses. Commercial 2 means all developments zoned for commercial uses under the Zoning Bylaw, and all developments having commercial uses undertaken in buildings or on land where the zoning designation under the Zoning Bylaw is other than commercial; and where the first storey Gross Floor Area is more than 3,700 square metres. This includes, but is not limited to all rural commercial uses, campgrounds, golf courses, outdoor recreational uses, and any other similar uses. Bylaw No. 5897 Page 2 Commercial 3 means all developments zoned for commercial uses under the Zoning Bylaw; and all developments having commercial uses undertaken in buildings or on land, where the zoning designation under the Zoning Bylaw is other than commercial; and where such commercial uses are located only on the second and higher floor levels. This includes, but is not limited to all rural commercial uses, campgrounds, golf courses, outdoor recreational uses, and any other similar uses. Development Cost Charges means the charges payable pursuant to the provisions of this Bylaw and in the amounts as calculated in the schedules hereto. The term Development Cost Charges may also be referred to as "DCCs" or "DCC" in this Bylaw. Gross Floor Area means the sum of all floor areas used or intended to be used for the undertaking of permitted uses, measured to the extreme outer limits of the building or structure, excluding areas for parking and unenclosed balconies. Industrial means all developments zoned for industrial uses under the Zoning Bylaw, and all developments having industrial uses undertaken in buildings or on land, where the zoning designation under the Zoning Bylaw is other than industrial. Institutional means: (a) all developments zoned for institutional use under the Zoning Bylaw; or (b) institutional uses undertaken in buildings or on land where the zoning designation under the Zoning Bylaw is other than institutional, including, but not limited to, schools and other educational facilities, congregate care facilities and other live/care accommodation, hospitals and other medical facilities, government buildings, public recreational facilities, fire halls, police stations, airport facilities, communications and energy facilities, waste disposal and other similar public and Utility uses. Residential 1 means residential developments having a density of 15 or less dwelling units (du) per hectare. Residential 2 means residential developments having a density greater than 15 up to 44 dwelling units per hectare. Residential 3 means residential developments having a density greater than 44 up to 74 dwelling units per hectare. Bylaw No. 5897 Page 3 Residential 4 means residential developments having a density greater than 74 dwelling units per hectare. Utility means a use providing for public utility structures and facilities for road, water, sewer, drainage, electrical, telephone, cablevision, gas, and similar services, where such use is approved in writing by the Township of Langley, by another government body with jurisdiction, or by a company regulated by a government commission, including broadcast transmission facilities. Zoning Bylaw means the Township of Langley Zoning Bylaw No. 2500, as amended, or replaced. Schedules and Notes 3. Schedules "A", "B" and "C" are attached hereto and form a part of this Bylaw. 4. The notes found at the bottom of Schedules "A", "B" and "C" form a part of this Bylaw. Development Cost Charges 5. In accordance with Section 559(1) of the Local Government Act, every person who obtains: a. approval of a subdivision, or b. a building permit authorizing the construction, alteration or extension of a building or a structure, other than a permit authorizing the construction, alteration or extension of a building or structure or part of a building or structure where: the value of the work authorized by the permit does not exceed $50,000; must pay to the Township of Langley the applicable Development Cost Charges set out in Schedules "A", "B", and "C" of this Bylaw. c. For certainty, this bylaw imposes charges in respect of a building permit or structure that will, after the construction, contain fewer than four dwelling units and for which the dwelling unit in the building or structure will be put to no other than residential use. 6. For a type of development not identified under Schedules "A", "B", or "C" of this Bylaw, the imposition of a Development Cost Charge will be at the sole discretion of the General Manager of Engineering for the Township of Langley, or their designate, with the amount payable based on the most comparable type of development, as determined by the General Manager of Engineering for the Township of Langley, or his or her designate, acting reasonably. 7. Subject to the Development Cost Charge (Instalments) Regulation, B.C. Reg. 166/84, as amended or replaced from time to time, Development Cost Charges imposed pursuant to Bylaw No. 5897 Page 4 this Bylaw must be paid at the time of the approval of the subdivision or the issue of the building permit. 8. A development cost charge is not payable if the development does not impose new capital cost burdens on the Township of Langley. A new capital cost burden will be imposed where there is a new demand created for designated services. A determination of whether a development imposes a new capital cost burden on the Township of Langley will be in the sole discretion of the Director of Engineering for the Township of Langley. A determination of whether a new demand for services is created on a subdivision will be based on, among other things, the number of pre-existing fee simple lots (but excluding pre-existing stratified lots) prior to the subdivision. For greater certainty, and without limiting in any way what else may constitute a new capital cost burden, the creation of new fee simple lots will be deemed to have imposed a new capital cost burden on the Township of Langley for which development cost charges may be imposed. 9. For Development Cost Charges imposed pursuant to this Bylaw on single family residential subdivisions, a credit will be granted for each existing fee simple lot, but excluding an existing stratified lot, forming part of the subdivision at the time of the subdivision, or building permit application. For multiple family residential developments, a credit will be granted for each existing dwelling unit forming part of the development at time of the subdivision or building permit application. For non-residential developments, Development Cost Charges are assessed based on the additional Gross Floor Area or additional Area of Development, as applicable. 10. Where a developer is required to provide, or pay to provide, a specific service or part of a service, pursuant to a Development Works Agreement under section 570 of the Local Government Act, and the cost of the service is included in the calculations used to determine the amount of Development Cost Charges imposed pursuant to this Bylaw, then the cost of providing the service shall be deducted from the class of Development Cost Charges applicable to the subdivision or development for the particular service, as set out in the schedules hereto, the amount of which shall be calculated as the cost of the work less the amount to be paid by the Township of Langley to the developer under the Development Works Agreement, other than any amount paid as interest. 11. Where a developer is required to provide, or pay to provide, a specific service or part of a service, outside the boundaries of land being subdivided or developed, not pursuant to a Development Works Agreement under section 570 of the Local Government Act, and the cost of the service is included in the calculations used to determine the amount of Development Cost Charges imposed pursuant to this Bylaw, then the cost of providing the service shall be deducted from the class of Development Cost Charges applicable to the subdivision or development for the service, as set out in the schedules hereto, the amount of which shall not exceed the lower of the following amounts: a) the amount of Development Cost Charges identified as "DCC Recoverable" in the DCC review report prepared as part of the Township of Langley's DCC program, as amended, or replaced; b) the amount of Development Cost Charges calculated for the subdivision or building project pursuant to the provisions of this Bylaw for the class of service; or Bylaw No. 5897 Page 5 c) the estimated amount for providing the service, as determined by the developer's qualified professional, acting reasonably. Expenditures from DCC Reserves to Developers 12. Where the Township of Langley has entered into an agreement with a developer to complete works, including a Development Works Agreement under section 570 of the Local Government Act, and those works are included in the calculations used to determine the amount of Development Cost Charges imposed pursuant to this Bylaw, the Township of Langley may expend monies from the applicable Development Cost Charge reserve to repay the developer some or all of the capital costs the developer incurred in completing a project. General Provisions 13. In this Bylaw, words importing the singular number include the plural number, and vice versa. 14. Langley Development Cost Charge Bylaw No. 5555 and amendments thereto are hereby repealed. READ A FIRST TIME the 24 day of July , 2023 READ A SECOND TIME the 24 day of July , 2023 READ A THIRD TIME the 24 day of July , 2023 RECEIVED THE APPROVAL OF THE INSPECTOR OF MUNICIPALITIES the 19 day of January , 2024 ADOPTED the 02 day of December , 2024 "ERIC WOODWARD" Mayor "SUZANNE LITTLE" Deputy Township Clerk Bylaw No. 5897 Page 6 LANGLEY DEVELOPMENT COST CHARGES BYLAW NO. 5897 Schedule "A" RESIDENTIAL DEVELOPMENT COST CHARGES Type of Development Unit Road Drainage Sewage Water Parkland Acquisition and Development Total Residential 1 du $29,997 $11,067 $1,870 $3,152 $40,701 $86,787 Residential 2 du $21,270 $4,459 $1,320 $2,225 $28,730 $58,004 Residential 3 du $18,543 $3,059 $1,265 $2,132 $27,533 $52,532 Residential 4 du $16,362 $1,948 $825 $1,391 $17,956 $38,482 NOTE: - Residential DCCs are imposed on each dwelling unit (du). - The residential component of mixed-use developments, other than institutional, is calculated and assessed in accordance with Schedule A, and is payable in addition to any other DCCs applicable to other uses in the development. #6024 09/09/24 Bylaw No. 5897 Page 7 THE CORPORATION OF THE TOWNSHIP OF LANGLEY LANGLEY DEVELOPMENT COST CHARGES BYLAW NO. 5897 Schedule "B" COMMERCIAL AND INSTITUTIONAL DEVELOPMENT COST CHARGES Type of Development Unit Road Sewage Water TOTALS Road, Sewage and Water (based on Gross Floor Area) Drainage (based on Area of Development) Commercial 1 m2 $109.08 $6.27 $10.57 $125.92 $27.12 Commercial 2 m2 $85.08 $6.27 $10.57 $101.92 $27.12 Commercial 3 m2 $39.27 $4.68 $7.88 $51.83 $0.00 Institutional m2 $52.36 $6.27 $10.57 $69.20 $24.13 NOTE: - The residential component of mixed-use developments, other than institutional, is calculated and assessed in accordance with Schedule A, and is payable in addition to any other DCCs applicable to other uses in the development. - Commercial and institutional DCCs, with the exception of the drainage component, are imposed based on Gross Floor Area (gfa). - The drainage component is imposed based on Area of Development. - Commercial developments having a building or buildings with total Gross Floor Area greater than 3,700 m2, shall have the road component of the Commercial 1 rate applied to the first 3,700 m2 and the road component of the Commercial 2 rates applied to all areas of the buildings exceeding 3,700 m2. #6024 09/09/24 Bylaw No. 5897 Page 8 THE CORPORATION OF THE TOWNSHIP OF LANGLEY LANGLEY DEVELOPMENT COST CHARGES BYLAW NO. 5897 Schedule "C" INDUSTRIAL DEVELOPMENT COST CHARGES Type of Development Unit Road Drainage Sewage Water TOTALS Industrial m2 $16.92 $25.66 $2.48 $4.17 $49.23 NOTE: - The residential component of mixed-use developments, other than institutional, is calculated and assessed in accordance with Schedule A, and is payable in addition to any other DCCs applicable to other uses in the development. - Industrial DCCs are imposed based on Area of Development. #6024 09/09/24