City of Mission Amenity Cost Charge Bylaw 6349-2025 — full text, Mission, British Columbia

This is the exact embedded text of the captured official document. Snapshot 683ed5fd2ef1 · verified 2026-10-26 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

CITY OF MISSION BYLAW 6349-2025 A Bylaw to impose Amenity Cost Charges pursuant to the provisions of the Local Government Act WHEREAS pursuant to Section 570.2 of the Local Government Act, a Council may, by bylaw, impose amenity cost charges; AND WHEREAS amenity cost charges may be imposed for the purpose of providing funds to assist the municipality in paying the capital cost of providing, constructing, altering, or expanding amenities to benefit, directly or indirectly, the development and the increased population of residents or workers that results from the development for which the charge is imposed; AND WHEREAS in setting the amenity cost charges the Council of the City of Mission has considered: (a) in each area in which development is subject to an amenity cost charge, the capital costs of amenities that will receive funding from the charge; (b) the phasing of amenities; (c) whether the charges are excessive in relation to the capital cost of prevailing standards of service in the municipality; and (d) whether the charges will deter development or discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land. AND WHEREAS Council has considered the official community plan and other relevant planning documents, expected increases in the population of residents and workers and the City's financial plan; NOW THEREFORE the Council of the City of Mission, in open meeting assembled, ENACTS AS FOLLOWS: PART 1 -- TITLE 1.1 This Bylaw may be cited for all purposes as "City of Mission Amenity Cost Charge Bylaw 6349-2025 PART 2 -- DEFINITIONS 2.1 For purposes of this Bylaw, the definitions of words and phrases that are not included in this section shall have that meaning assigned to them in the Local Government Acct. 2.2 In this Bylaw: "Apartment" has the same meaning as in the Zoning Bylaw. City of Mission Amenity Cost Charge Bylaw 6349-2025 Page 2 of 9 "Building" means any structure used or intended to be used for supporting or sheltering any use or occupancy. "Building Permit" means permission or authorization in writing by the building official to perform Construction regulated by the "District of Mission Building Bylaw 3590-2003" and amendments thereto. "Building Lot" means the smallest unit into which land is subdivided as shown on the records of the Land Title Office. "Care Facility" has the same meaning as in the Zoning Bylaw. "Clustered Cottage" has the same meaning as in the Zoning Bylaw. "Coach House" has the same meaning as in the Zoning Bylaw. "College" has the same meaning as in the Zoning Bylaw. "Commercial Use" has the same meaning as in the Zoning Bylaw. "Completed" means, in the case of a subdivision, an application for which the servicing agreement is completed and signed, appropriate zoning is in place, all applicable fees and levies are paid, all conditions of approval are fulfilled, all conditions of the PLA have been satisfied, and the final plan of subdivision is ready for approval by the approving officer. "Congregate Care" has the same meaning as in the Zoning Bylaw. "Construction" means building, erecting, installing, repairing, altering, adding to, enlarging, moving, locating, relocating, reconstructing, demolishing, removing, excavating or shoring. "Dormitory" has the same meaning as in the Zoning Bylaw. "Duplex" has the same meaning as in the Zoning Bylaw. "Dwelling Unit" has the same meaning as in the Zoning Bylaw. "Dwelling Unit (Internal)" has the same meaning as in the Zoning Bylaw. "Education Facility" has the same meaning as in the Zoning Bylaw. "Facility" has the same meaning as in the Zoning Bylaw. "Floor Area" has the same meaning as in the Zoning Bylaw. "Fourplex" has the same meaning as in the Zoning Bylaw. "Garden Cottage" has the same meaning as in the Zoning Bylaw. "Hospital" has the same meaning as in the Zoning Bylaw. "Hotel" has the same meaning as in the Zoning Bylaw. "Industrial Uses" has the same meaning as in the Zoning Bylaw. "Infill Townhouse" has the same meaning as in the Zoning Bylaw. City of Mission Amenity Cost Charge Bylaw 6349-2025 Page 3 of 9 "Institutional Use" has the same meaning as in the Zoning Bylaw. "In-stream" means in reference to an application, not determined, rejected or withdrawn and: a) inthe case of an application for subdivision, one for which the application form has been submitted, the application fees have been paid, and all supporting documentation required has been submitted and accepted as a legitimate application. b) in the case of an application for Building Permit, one for which the application form has been submitted, the application fees have been paid, and all supporting documentation required including without limitation all applicable architectural, structural, plumbing, electrical, mechanical and site drainage drawings has been submitted and accepted as a legitimate application. c) in the case of a rezoning application, one for which the application form has been submitted, the application fees have been paid, and all supporting documentation required has been submitted and accepted as a legitimate application. d) in the case of an application for development permit, one for which the application form has been submitted, the application fees have been paid, and all supporting documentation required by the has been submitted and accepted as a legitimate application. "Issuable" means, in the case of a Building Permit, an application which meets the requirements of an In-stream application and for which: a) Council has approved any applicable rezoning and/or development permit and/or development variance permit; b) all required off-site legal encumbrances relating to engineering services have been registered at the Land Title Office on title to the lot; c) anyplan, including a plan of subdivision, consolidation, or road dedication, that would affect the legal description of the lot has been registered at the Land Title Office on title to the lot; d) all off site servicing has been completed to the property line and has been accepted by the City of Mission engineering department; e) all review comments arising from the Building Permit application review process have been addressed to the satisfaction of the Municipality; and f) all applicable fees and levies have been paid. "Lot" has the same meaning as in the Zoning Bylaw. For the purpose of this bylaw "Land Use(s)" means the designations to which different amenity cost charges are applied consisting of Single-Family, Townhouse + Plex, Apartment, Congregate Care, Industrial, Commercial, and Institutional. "Major Change" means a change to the scope of work authorized by a Building Permit which results in either: City of Mission Amenity Cost Charge Bylaw 6349-2025 Page 4 of 9 a) anincrease by five percent (5%) or more in the cumulative total footprint of the dwelling units, the Building area, the number of dwelling units within a Building or on a lot, or the developed area of a lot; or b) achange to the zone or land use on which the amenity cost charges was based. "Manufactured Home" has the same meaning as in the Zoning Bylaw. "Manufactured Home Park" has the same meaning as in the Zoning Bylaw. "Minor Change" means a change to the scope of work authorized by a Building Permit which results in an increase by less than five percent (<5%) in the cumulative total footprint of the dwelling units, the Building area, the number of dwelling units within a Building or on a lot, or the developed area of a lot. "Motel" has the same meaning as in the Zoning Bylaw. "Multi-Unit Residential Building" has the same meaning as in the Zoning Bylaw. "Municipality" means the municipal corporation of the City of Mission; or the geographical area of same, as the context may require. "Pad" has the same meaning as in the Zoning Bylaw. "Precursor Application" means: a) an application for the issuance of a Development Permit: i. | submitted and accepted by the Municipality as a legitimate application, that includes a completed application form, submission of all required items identified on the Development Permit application checklist, and payment of all applicable application fees; and, ii. | the development authorized by the Building Permit is entirely within the area of land that was the subject of the Development Permit application. or, b) an application for an amendment to the Zoning Bylaw: |. | submitted and accepted by the City as a legitimate application, that includes a completed application form, submission of all required items identified on the Rezoning application checklist, and payment of all applicable application fees; and, Il. | the development authorized by the Building Permit is entirely within the area of land that was the subject of the Zoning Bylaw amendment application. "Residential Care" has the same meaning as in the Zoning Bylaw. "Rowhouse" has the same meaning as in the Zoning Bylaw. "School" has the same meaning as in the Zoning Bylaw. "Secondary Detached Unit" has the same meaning as in the Zoning Bylaw. "Secondary Suite" has the same meaning as in the Zoning Bylaw. City of Mission Amenity Cost Charge Bylaw 6349-2025 Page 5 of 9 "Single Family Dwelling" has the same meaning as in the Zoning Bylaw. "Subdivision" means the division of land into two (2) or more parcels, whether by plan, apt descriptive words or otherwise, under the Land Title Act or the Strata Property Act. "Townhouse" has the same meaning as in the Zoning Bylaw. "Triplex" has the same meaning as in the Zoning Bylaw. "University" has the same meaning as in the Zoning Bylaw. "Zoning Bylaw" means the 'District of Mission Zoning Bylaw 5949-2020" including any amendments thereto. PART 3 - DEVELOPMENT AREAS 3.0 This Bylaw applies to all lands in the Municipality. 3.1 Schedule "A" sets out the amenity cost charge payable for each proposed Land Use. PART 4 - AMENITY COST CHARGES 4.1 In accordance with Section 570(2) of the Local Government Act and subject to the exemptions specified in the Local Government Act, every person who obtains: (a) approval of a Subdivision, or (6) aBuilding Permit authorizing the Construction, alteration or extension of a Building or structure, must pay to the Municipality, at the time of approval of the Subdivision or the issuance of the Building Permit, the applicable amenity cost charges set out in Schedule "A", attached hereto, and forming part of this Bylaw. 4.2 For a type of development not identified in this Bylaw, the imposition of an Amenity Cost Charge will be at the sole discretion of the Director of Development Services for the Municipality, or their designate, with the amount payable based on the most comparable type of development, as determined by the Director of Development Services for the Municipality, or their designate, acting reasonably. 4.3 In general, the following development types will be included in a land use category as follows: Single-family e Single-family Dwelling e Residential Care Townhouse + Plex e Clustered Cottage e Duplex e Fourplex e = Infill Townhouse e Manufactured Home City of Mission Amenity Cost Charge Bylaw 6349-2025 Page 6 of 9 e Rowhouse e Single-Family Compact e Townhouse e Triplex Apartment e Apartment Congregate Care e Congregate Care e Dormitory e Hotel e Motel e Secondary Detached Unit Industrial e Industrial Uses Commercial e Commercial Use Institutional e Care Facility e College e Education Facility e Hospital e Institutional Use e School e University 4.4 An amenity cost charge imposed under this Bylaw must be paid to the Municipality, in full, as follows: (a) as acondition of the approval of the final plan of a Subdivision by the Approving Officer where the Subdivision creates one or more Building Lots for Single-Family Use, other residential use, or bare land strata lots under the Strata Property Act; or (b) if additional residential use is proposed on an existing Lot, the additional amenity cost charge shall be due prior to issuance of the Building Permit; or (c) for all other Land Uses to which this Bylaw applies prior to the issuance of a Building Permit. 4.5 An ACC that would otherwise be payable in full at the times indicated in Section 4.4 may be payable in installments provided that the Minister has, by regulation made pursuant to Section 570.2(5) of the Local Government Act, authorized the payment of the ACC in installments and prescribed the conditions under which such installments may be paid. City of Mission Amenity Cost Charge Bylaw 6349-2025 Page 7 of 9 PART 5 - CALCULATION OF APPLICABLE AMENITY COST CHARGES 5.1 The amount of amenity cost charges payable in relation to a particular Subdivision or Building Permit application shall be calculated using Schedule "A" and by determining the Land Use(s), the unit(s) of measure and the applicable charges, as the case may be. 5.2 The amount of amenity cost charges payable in relation to mixed use development shall be calculated separately for each separate Land Use that is included in the Subdivision or Building Permit application and shall be the sum of the amenity cost charges payable for each Land Use. 5.3 For Amenity 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 the time of the subdivision or Building Permit application. For non-residential developments, Amenity Cost Charges are assessed based on the additional Gross Floor Area or additional Area of Development, as applicable. 5.4 If a Minor Change to a Building Permit is proposed, the amenity cost charges will be recalculated based on the increase in Building Area, Developed Area, or Dwelling Units (as applicable) using the rates in the City of Mission Amenity Cost Charge Bylaw in effect at the time of issuance of the Revision Permit. The difference between the original amenity cost charges amount and the recalculated amenity cost charges amount shall be paid to the Municipality prior to the issuance of the Revision Permit. 5.5 If a Major Change to a Building Permit is proposed, the amenity cost charges will be recalculated on the entire project at the rates in the City of Mission Amenity Cost Charge Bylaw in effect at the time of issuance of the Revision Permit. The difference between the original amenity cost charges amount and the recalculated amenity cost charges amount shall be paid to the Municipality prior to the issuance of the Revision Permit. PART 6 - EXPENDITURES FROM ACC RESERVED TO DEVELOPERS 6.1. Where the Municipality has entered into an agreement with a developer to complete works and those works are included in the calculations used to determine the amount of Amenity Cost Charges imposed pursuant to this Bylaw, the Municipality may expend monies from the Amenity Cost Charge reserve to repay the developer some or all the capital costs the developer incurred in completing a project. PART 7 - EFFECTIVE DATE AND TRANSITIONAL PROVISIONS 7.1. This Bylaw will come into force on the date it is adopted. 7.2 The City of Mission Amenity Cost Charge Bylaw 6349-2025 shall have no impact on: a) applications for subdivision of lots that are In-stream on the date the bylaw is adopted, and which are Completed within one year of the date of adoption; or City of Mission Amenity Cost Charge Bylaw 6349-2025 Page 8 of 9 b) Building Permits that are In-stream on the date the bylaw is adopted, and which are Issuable within one year of the date of adoption; and c) Building Permits on lots with a Precursor Application In-stream on the date the bylaw is adopted and where the related Building Permit is Issuable within one year of the date of adoption. READ A FIRST TIME this 10" day of March, 2025 READ A SECOND TIME this 10°" day of March, 2025 READ A THIRD TIME this 10% day of March, 2025 ADOPTED this 5" day of May, 2025 PAUL HORN TENNER RUSSELL MAYOR CORPORATE OFFICER City of Mission Amenity Cost Charge Bylaw 6349-2025 Page 9 of 9 SCHEDULE "A" -- AMENITY COST CHARGES BY LAND USE Unit of Measure ACC Rates 5,275.15 3,321.39 26.38