This is the exact embedded text of the captured official document.
Snapshot 7bb8cdf5ec19 · verified 2026-10-26 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Village of Lumby
DEVELOPMENT
COSTCHARGESIMPOSITIONBYLAW
Bylaw No.740, 2012
inanyWay-
'con'
,
wwlal:
WHEREASpursuant toPart 26: Division10 ofthe LocalGovernment
Act,R.S.B.C. 1996, c.323
and the Regulations passed
pursuant thereto, the Councilof the Village of Lumby may, by by~
law, impose development cost charges under and by virtue of the terms and conditionsas
provided forand set out in the Section and Regulationsaforesaid;
'
AND WHEREASthe development cost charges may be imposed for the sole purpose
of
providingfundsto assist the Villagein paying the capital cost of providing,altering, or expanding
sewage, water,stormwatermanagement and -highwayfacilitiesand publicopen space ora
them, in order to serve.directly or indirectly, the development in respect of whichthe charges
are imposed;
.
,
AND WHEREAS
in the consideration of the Councilof the Village of Lumby, the charges
Imposed bythis Bylaw:
(a) are not excessive in relationtothecapital cost of prevailing
standards of serviceinthe
Village;
(b) willnot deter development inthe Village;
(o) willnot discourage the constructionof reasonably priced housing or the provision of
reasonably priced serviced land;
dt uecow°'
tg?rgieglnel,
unaltered
I(lr>t44;=iaa.=
e<
ffrow
nn'
nyof
'
ANDWHEREAS in the opinion of Councilthecharges
imposed by this by--lawhave taken into
I
considerationfuture land use patterns, and development,the phasing ofworks and services and
the provision and development of park described in the OfficialCommunityPlan.
-
NOW THEREFORE,the Council of the Villageof Lumby.in open meeting assembled, ENACTS
AS FOLLOWS:
. TITLE
M
r
This bylawmaybe citedforallpurposesas "Villageof LumbyDevelopmentCost
Charge imposition Bylaw,No. 740, 2012".
_
2. IMPOSITIONOF CHARGES
Every person who obtains:
(a)
approval of a subdivisionofaparcel of land under the Land TitleActor the Strata
Property Act; or
"
'
Village of Lumby
,
-
DEVELOPMENT
COSTCHARGESIMPOSITION
BYLAW
BylawNo.740, 2012
(b)
a building permit to authorize
the construction, alteration, or extension
of a
building or structure, includingwithoutlimitation,a buildingpermit to authorize
the construction, alteration or extension of a building that will, after the
construction.alteration or extension, containfewer than four seif--contalned
dwelling units;
for a property located withinthe Village,shall pay to the Village,atthe time of the approval
of the subdivision,or the issue of the buildingpermit, as the case may be, the applicable
development cost charges, in the amounts as set out in ScheduleB, formingpart of this
Bylaw.
Despite Section 2, if an applicationfor approval of subdivisionor for issue of a building
permit is received by the Villagepriorto adoptionof this Bylawand;
(a)
all applicable fees are paid;
(b)
the application meets the requirements
of the Village's Zoning Bylaw and
-
Development Bylawor BuildingBylaw,as the case may be; and
(c)
subdivisionapproval is granted within12 months of the date
of adoption of this
Bylawor the buildingpermit is issued withinsixmonthsofthe date ofapplication;
then, the development costchargerates applicableat the time of application shallbe
payable under Section. 3 unless thedeveloper requests inwritingthe application of the new
bylaw, upon whichthe rates applicable under this Bylawwillapply.
3. EXENlPTlONFROMCHARGES
8.1 Charges are not payable if:
.(a)
the Building Permit authorizes the construction, alterationor extension
cfla
building or part of a buildingthat is, or willbe, after the construction,alterationor
extension,exempt fromtaxationunder section 220(1)(h)or Section 224(2)(t)of
the Community Charter;
'
(b)
the value of the workauthorizedby a BuildingPermitdoes
not exceed $50,000 or
such other amount as the Ministermay, by regulation, prescribe;
'(c.)
the Development does notimpose new capital cost burdens on the Village;or
\
-
Villageof Lumby
DEVELOPMENT
COSTCHARGES
IMPOSITION
BYLAW
Bylaw No.740, 2012
(d)
a development cost charge has previously been paid with respect to the same
development, unless, as a result of a further subdivision
or development, new
capital cost burdenswillbe imposed on the Village.
'
4. PAYMENT
OF CHARGES
4.1 Subject to Section 4.2 development cost charges imposed under thisBylaw must be
paid infullto the Villageas follows:
(a)
_ immediately before the approval of the final plan of Subdivisionby the Approving
Officerwherethe Subdivision createsSingle Family ResidentialUse or Two
FamilyResidentialUse parcels or bars land strata lots under_theStrata Property
Actor
(b)
For all other types of Development to which this Bylaw applies, immediately
before the issuance of a BuildingPermitforthe development by the Village.
4.2 Development cost charges that wouldotherwise
be payable Infullat the timeindicated
in Section
4.1 may be payable in instalments provided that the Minister has, by
Regulation made pursuant to Section 933(6) of the LocalGovernment
Act, authorized
the paymentof the development cost charges
in instalmentsand prescribed the
conditionsunderwhloh
such instalmentsmay be paid.
5. The Development Cost Charges
imposed pursuant to this Bylaw on residential
developments,
shall be credited one_ dwelling unit for each existing fully serviced
dwelling unitthat existed prior to the subdivisionapproval or issuance of buildingpermit,
where applicable.
6.
Where a developer is required to provide, or pay to provide, a speci?c service or part of
a service, outside the boundariesof land being subdividedor developed; and the cost of
the service is includedin the calculationsused to determinethe amount of Development
Cost Charges
imposed pursuant to this Bylaw, then the cost of providingthe service
shall be deducted from the class of Development Cost Charges applicable to the
subdivisionor development for the particular service, as set out in the Schedule B,the
amount of which shallnot exceed the lowerof the twofollowingamounts:
a)
the amount of Development
Cost Charges
as indicated in the column entitled
"DOC Oversize Amount"in the "Villageof Lumby Development Cost Charge
Report" dated Septermber
12, 2012 which forms part of the Supplementary
information Document for the 2012 Development Cost Charge
Program as
amendedfrom timeto time;or
Village
of Lumby
=
DEVELOPMENT
COSTCHARGESIMPOSITIONBYLAW
BylawNo.740, 2012
'
b)
the amount of Development Cost Charges calculated
for the subdivisionor
buildingproject pursuant tothe provisionsof this Bylawfor the particularclassof
service.
7.
Development Cost Charge Bylaw No. 311, 1981 and all amending bylawsthereto are
.
hereby repealed.
THIS BYLAWmay be cited as DeveiopmentCost Charges ImpositionBylawNo.740, 2012
READA FIRST TIMEthis
17"' day of September
2012
READA SECOND TiMEthis
19"' day of November
2012
READATHIRDTIMEthis
19"' day of November
2012
APPROVED BYTHE MiNiSTRYOF Q,lMMUNlTY
SPORT ANDCULTURALDEVELOPMENT'
this
_
__2_g
day or__1rggmgL__
20i_5__
ADOPTED this
-
i37" day of E58:/M91
C
20 I3
X/w
'
,
W'
Mayor
'
Corporate Officer
Villageof Lumby
DEVELOPMENT
COSTCHARGESIMPOSITION
BYLAW
BylawNo.740, 2012
SCHEDULE"A"
DEFINITIONS
In this Bylaw:
"APPROVINGOFFICER" means theapprovingofficeras appointedbytheVillagefrom
time to time;
"VILLAGE"
means the VillageofLumhy;
'
"COMMERCIAL"
means an area designated
as a commercialzone or commercial
componentin the Village's current ZoningBylaw;
"CONGREGATECARE"meansan apartment residentialuse forelderlycitizensin
conjunction with a commonresidentdiningroom and appropriately--sized
kitchen
facilities, socialand recreationalareas;includesa dwellingunit'for a Resident
Manager, a hairdressingsalon and giftshopfor theuse of residents;
.
upWELLING
UNIT"or" DU" meansoneor more habitableroomsdesigned,occupied or
intended
for use asresidentialaccommodationwheresuchroomor roomstogether containor
provide for the installation of only one set of cooking facilities.
"GROSSDENSITY
AREA" meansthe gross area of theparcel or'parcels
to be
improved excludingpark areas dedicatedto the Village, and covenantedareasthat
are deemedby the Approving Officer to be un~developahledueto geotechnical
and environmentalconcerns;
l
"CROSS
FLOOR AREA"or "GFA"means thetotalarea of all storeys in allbuildings
on a lotrneasuredto the outsideof the exteriorwallsof thebuilding,excluding
area used for vehicleparking;
"GROSS SITEAREA" or "GSA"meansthe total area oflandwithintheboundaryof
the parcel orparcels to be improved as part of the development;
"ha" means hectares;
"INDUSTRIAL"
means an area designatedas an industrialzone inthe Village'scurrent Zoning
Bylaw;
'
'
"INSTITUTIONAL"means an areadesignatedas
institutionalzone or institutional
component in the Villa'gc'scurrent ZoningBylaw;
Village of Lumby
DEVELOPMENT
COSTCHARGESIMPOSITIONBYLAW
BylawNo.740, 2012
"MULTI-FAMILY" means'MultipleFamilyDwellingofmorethanthreedwelling
units
"sq.m-" means square meters;
"SINGLE FAMILY" means 9. singledetachedbuildingwhichis usedforone dwellingunitand
'isoccupied or intendedto beoccupiedas thepermanent homeor residenceof one family.
"TWO FAMILY
" means a singledetachedbuildingwhichis usedfortwo
dwellingunits,eachof whichis occupiedor intendedto be occupiedas thepermanent
home or residenceof one family.
"THREE FAMILY
" means a singledetachedbuildingwhichis usedfor three
dwellingunits,eachof whichis occupiedor intendedto be occupiedas theperrnanent
home or residenceof one family.
~
Water
Sanitary
Drainage
'
Total
Water
Sanitary
Drainage
Total
VillageofLumby
DEVELOPMENT
COSTCHARGESIMPOSITION
BYLAW
Bylaw No.740, 2012
SCHEDULE
"B"
Development Cost Charges
Single Famiiy
(per DwellingUnit)
$3,159
$1,448
$838
$5,444
Multi-family
(per sq. m.gross floorarea)
$22.56
$10.34
$599
$38.89
Residential
Two Family
'$6,317
$2,896
$1,676
$10,889
Commercial
(persq.' m.gros_sfloorarea)
392262
$10.37
$3.23
$36.21
ThreeFaniiiy
$9,476
$4,344
$2,514
$16,333
Industrial
(per sq. m.gross ?oor area)
'
$12.63
$5.79
$215
$20.58