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Doc # 2745735
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CORPORATION OF THE CITY OF NEW WESTMINSTER
BYLAW NO. 8540, 2025
A Bylaw to Impose Amenity Cost Charges
WHEREAS the City Council of the corporation of the City of New
Westminster ("Council") under authority provided by the Local Government Act
R.S.B.C. 2015, c. 1, as amended (the "Local Government Act"), may impose
amenity cost charges; and
WHEREAS the amenity cost charges may be imposed for the purpose of
providing funds to assist the City of New Westminster (the "City") 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;
WHEREAS the amenity cost charges established by this Bylaw will be used
for the recited purposes; and
WHEREAS Council has taken into consideration the provisions of Part 14:
Division 19.1 of the Local Government Act; and
WHEREAS the charges imposed by this bylaw are related to capital costs
attributable to amenity projects included in the City's capital expenditure program
and are consistent with the City of New Westminster Official Community Plan
Bylaw No. 7925, 2017, as amended from time to time;
NOW THEREFORE THE CITY COUNCIL of the Corporation of the City of
New Westminster in open meeting assembled ENACTS AS FOLLOWS:
1.
General Provisions
1.1
This Bylaw may be cited as the "New Westminster Amenity Cost Charges
Bylaw No. 8540, 2025".
1.2 The following schedules attached to this Bylaw form part of this Bylaw:
(a)
Schedule A - The City of New Westminster Amenity Cost Charges
(b)
Schedule B - List of Amenities
2.
Effective Date
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2.1
This Bylaw will come into force on the Effective Date.
3.
Definitions
3.1
In this Bylaw italicized words will have the meanings attributed to them as
follows:
AMENITY COST CHARGE or ACC means the applicable rates prescribed
in Schedule "A".
ADOPTION DATE means the date of adoption of this bylaw by Council for
the City.
APARTMENT RESIDENTIAL means a building or portion of a building
divided into three or more dwelling units with common or shared entrances
or interior passageways, which provide access to the outside and which
does not include a townhouse.
BUILDING PERMIT means any permit authorizing the construction,
alteration or extension of a building or structure in the City.
CITY means the City of New Westminster.
COMMERCIAL - OFFICE means a building or portion of building designed
and intended for office use, excluding offices for trade contractors.
COMMERCIAL - RETAIL means a building or portion of a building
providing for the sale or rental of goods or services to the end user or for
the servicing and repair of goods.
DEVELOPMENT means:
(a)
a Subdivision and a proposed Subdivision; or
(b)
the proposed construction, alteration, or extension of a building or
structure for which a Building Permit is required.
DWELLING UNIT means one or more habitable rooms designed, occupied
or intended for use, including occupancy, by one or more persons as an
independent and separate residence in which a facility for cooking,
sleeping facilities and a bathroom are provided for the exclusive use of
such person or persons.
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EFFECTIVE DATE means the date of adoption of this bylaw by Council for
the City.
FLOAT HOME means a structure incorporating a flotation system, intended
for use or being used or occupied for residential purposes, not primarily
intended for, or usable in, navigation and does not include a water craft
designed or intended for navigation.
GROSS FLOOR AREA means:
(a)
the floor area of the building or structure (measured from the outside
edge of all exterior walls of the building or structure), less the floor
area of the building or structure that is used or is intended to be
used for vehicular and bicycle parking, bicycle end-of-trip facilities,
vehicular access, maneuvering aisles, elevators and stairs; or
(b)
in the case of an alteration or extension of less than the entire
building or structure, the portion of the building or structure to which
the Building Permit applies (measured from the outside edge of any
exterior walls in such portion of the building or structure), less the
floor area of the building or structure that is used or is intended to be
used for vehicular and bicycle parking, bicycle end-of-trip facilities,
vehicular access, maneuvering aisles, elevators and stairs;
IMPROVED SITE AREA means the whole or a portion of the parcel to be
improved for industrial purposes as part of the development authorized by
a building permit, including all buildings, vehicular and pedestrian
circulation areas, loading, parking, storage, works, decorative areas and
landscaped areas belonging to the development.
INDUSTRIAL means a lot used or intended to be used for industrial uses,
including manufacturing, processing, treatment, assembly, disassembly,
storage, utility, testing, wholesale, distribution, or servicing of goods and
materials.
INSTITUTIONAL means:
(a)
a use providing for the gathering of persons for charitable, cultural,
governance, philanthropic, religious, community recreation facilities,
hospitals, mental health facilities, or educational purposes, or
(b)
Housing units for the accommodation of caretakers, staff, students
and/or patients, provided that such housing units are part of the
institutional complex and a restrictive covenant is registered against
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the title of the land in favour of the City to ensure that the housing
units remain in the designated use.
LAND TITLE ACT means the Land Title Act, R.S.B.C 1996, c. 250, as
amended.
MIXED-USE means a development in which the building or buildings are
intended to be used for two or more uses.
SINGLE DETACHED - RESIDENTIAL includes any dwelling unit which is
or will be situated in a single building or structure containing one dwelling
unit and no other principal uses, and which may include a secondary suite,
carriage house, or laneway house that is constructed, altered or extended
on a single parcel.
STRATA PROPERTY ACT means the Strata Property Act, S.B.C 1998, c.
43 as amended.
SUBDIVISION means the division of land into two or more parcels under
the Land Title Act or the Strata Property Act.
SUBDIVISION APPLICATION means an application for subdivision,
submitted and accepted by the City as a legitimate application, which
includes a completed subdivision application form, submission of all
required items, and payment of all applicable application fees.
TOWNHOUSE RESIDENTIAL means a building or portion of a building
divided into two or more dwelling units where each dwelling unit has direct
ground level access, or indirect ground level access by way of a staircase
shared by not more than two dwelling units on the same storey, and each
dwelling unit is attached to another dwelling unit.
ZONING BYLAW means Zoning Bylaw 6680, 2001 as amended or
replaced from time to time.
4.
Imposition of Amenity Cost Charges
4.1
Subject to Section 5, a person who obtains:
(a)
approval of subdivision; or
(b)
a building permit authorizing the construction, alteration or extension
of a building or structure;
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must pay to the City the applicable amenity cost charges set out in this
Bylaw, at the time of the approval of the subdivision or the issuance of the
building permit, as set out in Schedule "A"
4.2
Where on Schedule "A" an amenity cost charge is described as being
payable at either subdivision approval or building permit issuance, it shall
be paid upon the earlier event.
5.
Exemption from ACC
Amenity cost charges are not payable where:
(a) exempted by statute and where the 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 Section 220(1)(h) [statutory exemption for places of
worship] or Section 224(2)(f) [permissive exemptions in relation to
places of public worship] of the Community Charter;
(b) an amenity cost charge is not payable in relation to affordable and
special needs housing units that are required under an affordable and
special needs housing zoning bylaw as defined under section 478.1 of
the Local Government Act;
(c) the development does not impose new capital cost burdens on the City;
(d) no increase in the population of residents or workers is expected to
result from the development;
(e) the development falls within any class of affordable housing prescribed
by regulation; or,
(f) the Local Government Act or any regulations thereunder provide that no
amenity cost charge is payable.
6.
Calculation of ACC
(a) Amenity cost charges imposed under this Bylaw shall be calculated in
accordance with the rates prescribed in Schedule "A"
(b) 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.
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(c) Where a development for which an amenity cost charge applies
contains two or more uses such as in mixed-use developments, the
amenity cost charge to be paid will be calculated separately for each
use within the development and the total amenity cost charge to be paid
will be the sum of the amenity cost charges for all uses within the
development.
7.
Payment of ACC
Amenity cost charges imposed under this Bylaw must be paid in full to the
City as follows:
(a) as a condition of the approval of the final plan of subdivision by the
Approving Officer where the subdivision creates Single Detached
Residential use parcels or bare land strata lots under the Strata
Property Act; or
(b) for all other types of development to which this Bylaw applies prior to
the issuance of a Building Permit for the Development.
8.
Severability
If any section, subsection, clause or phrase of this Bylaw is for any reason
held to be invalid by a court of competent jurisdiction, the invalid portion
shall be severed and the remainder of the Bylaw shall remain valid and
enforceable in accordance with its terms.
Adopted December 1, 2025
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SCHEDULE "A"
CITY OF NEW WESTMINSTER
AMENITY COST CHARGES
The following Amenity Cost Charges apply to development within the City of
New Westminster.
Area of Land Use
How Charge is
Calculated
When Payable
Total Amenity Cost
Charge by sq. m.
Single Detached -
Residential
Parcel Area
Subdivision Approval/
Building Permit Approval
$125.52
Townhouse Residential
Gross Floor Area
Building Permit Approval
$240.56
Apartment Residential
Gross Floor Area
Building Permit Approval
$330.32
Float Home
Gross Floor Area
Building Permit Approval
$240.56
Commercial - Retail
Gross Floor Area
Building Permit Approval
$159.63
Commercial - Office
Gross Floor Area
Building Permit Approval
$135.08
Industrial
Improved Site Area
Building Permit Approval
$55.26
Institutional
Gross Floor Area
Building Permit Approval
$135.08
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SCHEDULE "B"
CITY OF NEW WESTMINSTER
LIST OF AMENITIES
1.
Public Works Yard
2.
City Hall
3.
Artificial Turf Fields
4.
Biodiversity Strategy Implementation / Habitat / Naturalization
5.
Sport Courts and Outdoor Facilities
6.
Picnic Shelters and Fieldhouses
7.
Waterplay Features
8.
Dog Off Leash Park Areas
9.
Community Facilities
10.
Dry Floor/Ice Arena
11.
22nd Street Self-Service Library
12.
Main Library Expansion
13.
Queensborough Library Expansion
14.
Downtown Satellite Library
15.
East Side Branch Library
16.
Museum
17.
Downtown Urban Spaces
18.
East Urban Spaces
19.
West Urban Spaces
20.
Queensborough Urban Spaces
21.
City-wide Public Art Projects
22.
Gateway Public Art Projects
23.
Site Responsive Public Art Projects