Village of Lumby Development Cost Charge Imposition Bylaw No. 740, 2012

Lumby, British Columbia · No. 740 · summary & facts

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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