Development Cost Charges Bylaw, 2008, No. 1437 (consolidated to Bylaw 1437.1) — full text, Parksville, British Columbia

This is the exact embedded text of the captured official document. Snapshot c26875107885 · verified 2026-10-26 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

CITY OF PARKSVILLE BYLAW NO. 1437 Consolidated for convenience only to include Bylaw No. 1437.1 DEVELOPMENT COST CHARGES FOR WATER, SANITARY SEWER, STORM DRAINAGE, HIGHWAY FACILITIES AND PARKLAND WHEREAS the Council may, under Section 933 of the Local Government Act, impose development cost charges under the terms and conditions of that section; AND WHEREAS development cost charges may be imposed to provide funds to assist the City to pay the capital costs of providing, constructing, altering or expanding sewage, water, drainage and highway facilities and of providing and improving parkland, in order to service, directly or indirectly, the development for which the charges are imposed; AND WHEREAS in establishing the development cost charges under this bylaw, Council has considered the future land use patterns and development, the phasing of works and services, the provision of park land described in the official community plan and how development designed to result in a low environmental impact may affect the capital costs of infrastructure within the City of Parksville; AND WHEREAS the Council has also considered, and determined, that the charges imposed under this bylaw are not excessive in relation to the capital costs of prevailing standards of service, will not deter development, will not discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land and will not discourage development designed to result in a low environmental impact, within the City of Parksville; AND WHEREAS the Inspector of Municipalities has approved this bylaw; NOW THEREFORE the Municipal Council of the City of Parksville in open meeting assembled enacts as follows: 1. TITLE 1.1 This bylaw may be cited for all purposes as "Development Cost Charges Bylaw, 2008, No. 1437". 2. DEVELOPMENT COST CHARGE AREA 2.1 The development cost charges imposed by this bylaw shall apply throughout the City of Parksville except as follows: a) Development cost charges for water and sanitary sewer do not apply to any development within the lands described in Schedule "B"; Bylaw No. 1437 - Page 2 3. EXCEPTIONS 3.1 This bylaw does not apply to a subdivision or building in respect of which the imposition of a development cost charge is prohibited by statute. 4. INTERPRETATION 4.1 Enactments - Any Act referred to in this bylaw is a reference to an Act of British Columbia or Canada, as the case may be, and the applicable regulations, as amended, revised, consolidated or replaced from time to time. Any bylaw referred to in this bylaw is a reference to a bylaw of the City of Parksville, as amended, revised, consolidated or replaced from time to time. 4.2 Headings - The headings given to the parts, sections and paragraphs in this bylaw are for convenience of reference only. They do not form part of this bylaw and will not be used in the interpretation of this bylaw. 4.3 Severability - If any part, paragraph or phrase in this bylaw is for any reason held to be invalid by the decision of a Court of competent jurisdiction, that portion shall be severed and the remainder of this bylaw shall continue in force. 4.4 Schedules - The following schedules attached to this bylaw form part of this bylaw: Schedule A - Development Cost Charges Rates Schedule B - DCC Exemption Area 5. DEFINITIONS In this bylaw: "Assisted Living" means a building or buildings considered and used for a multiple family residential use, where there may be common facilities and a cafeteria or eating area, but where residents are ambulatory and live in private rooms or units which can be locked and which are not automatically accessible to care staff. "Building" means any structure and portion thereof, including mechanical rooms, which is used or intended to be used for the purpose of supporting or sheltering any use or occupancy. "Carriage House' means a dwelling unit which is contained in a building separate from a single family residential dwelling on the same parcel of land. "Commercial Use" means the use of land or buildings for any retail, tourist accommodation, restaurant, personal or professional services, commercial entertainment or commercial recreational use, and any other business use which is not an industrial use, institutional use, multiple or single family residential use. Bylaw 1437.1 adopted June 16, 2014, amended Section 5 by replacing "Dwelling Unit" with the following: "Dwelling Unit" means one self-contained unit with a separate entrance intended for year- round occupancy, and the principal use of such dwelling unit is residential, with complete living facilities for one or more persons, including permanent provisions for living, sleeping, cooking and sanitation, but does not include secondary suites or carriage houses Bylaw No. 1437 - Page 3 "Gross Floor Area" means the total of the horizontal areas of all floors in a building, including the basement, measured to the outside of the exterior walls of the building, but not including any floor area used exclusively for vehicle parking or vehicle access, any basement area where the ceiling is less than 1.8 metres above the floor. "Industrial Use" means the use of land or buildings for any manufacturing, processing, repair, storage, wholesaling or distribution of goods. "Institutional Use" means the use of land or buildings for any school, hospital, congregate or other care facility, or for the purposes of a public body or publicly regulated utility, but does not include assisted living uses. Bylaw 1437.1 adopted June 16, 2014, amended Section 5 by replacing "Multiple Family Residential" with "Low Density Multiple Family Residential", "Medium Density Multiple Family Residential" and "High Density Multiple Family Residential" as follows: "Low Density Multiple Family Residential" means a building or buildings containing two or more dwelling units on a parcel where the total amount of units is between 2 and 18 units per hectare, which includes row housing, cluster housing, townhouses, apartment and assisted living uses. "Medium Density Multiple Family Residential" means a building or buildings containing two or more dwelling units on a parcel where the total amount of units is between 19 and 50 units per hectare, which includes row housing, cluster housing, townhouses, apartment and assisted living uses. "High Density Multiple Family Residential" means a building or buildings containing two or more dwelling units on a parcel where the total amount of units is greater than 50 units per hectare which includes row housing, cluster housing, townhouses, apartment and assisted living uses. "Secondary Suite' means a separate designated area within a single family residential dwelling containing toilet, bathroom, sleeping and living areas and cooking facilities in accordance with the provisions of the "City of Parksville Zoning and Development Bylaw, 1994, No. 2000". "Single Family Residential" means a building containing one dwelling unit on a parcel. "Zone or zoning" means the zone identified in the "City of Parksville Zoning and Development Bylaw, 1994, No. 2000" as amended or replaced. 6. CHARGES a) Every person who obtains: i) approval of the subdivision of a parcel of land under the Land Title Act or the Strata Property Act for any purpose for subdivision which are creating fee simple or bare land strata residential lots which are zoned to permit no more than two dwelling units, or Bylaw No. 1437 - Page 4 ii) a building permit authorizing the construction, alteration or extension of a building (including a building containing less than four self-contained dwelling units and that will, after the construction, alteration or extension, be put to no other use other than the residential use in those dwelling units). a) Despite this, secondary suites within single family residential dwellings or carriage houses that are accessory to a single family residential dwelling located in RS1 (Residential Single Family) zones are not subject to payment of development cost charges. Bylaw 1437.1 adopted June 16, 2014, replaced Section 6(a)(iii) with the following: iii) a building permit for any new floor area which has a construction value in excess of One Hundred Thousand Dollars ($100,000.00); shall pay to the City of Parksville the applicable development cost charges as set out in Schedule "A" attached to and forming part of this bylaw. b) The charges will be based on the actual use of the building not the zoning category of the property; and i) where there is more than one use, each use is subject to the charge based on the actual use and there may be more than one category applied per building. ii) mezzanines, storage or similar areas within a building are subject to development cost charges based on the same use that the majority area of the building contains. iii) where a building is vacant and its future use cannot be determined, development cost charges are payable in accordance with the zoning category for the land upon which the building is situated. iv) where a building permit is issued for the construction, alteration or extension of a multiple family residential building the rates in Schedule "A' will apply as required in this bylaw, provided that the total amount payable shall not be greater than the amount obtained by multiplying the number of dwelling units subject to the development cost charges by the single family unit rate in Schedule "A". Cc) All charges must be paid in full prior to the approval of the subdivision or building permit unless paid by way of installments in accordance with BC Regulation 166/84 as amended or replaced. 7. GRACE PERIOD The effective date of the rates contained within this bylaw will be 60 calendar days after the date of adoption. Bylaw No. 1437 - Page 5 8. REPEAL OF PREVIOUS BYLAWS 8.1 "Development Cost Charges for Water, Sanitary Sewer, Storm Drainage and Road Facilities Bylaw, 2004, No. 1402", "City of Parksville Development Cost Charge Installments Bylaw, 1993, No. 1157" and "Town of Parksville Development Cost Charges Bylaw, 1984, No 830" and all amendments to those bylaws are hereby repealed, effective on the date that the development cost charge rates established under this bylaw come into force under section 6. READ A FIRST TIME this 21* day of July, 2008 READ A SECOND TIME this 21* day of July, 2008 READ A THIRD TIME this 21* day of July, 2008 APPROVED BY INSPECTOR OF MUNICIPALITIES this 9°" day of September, 2008 ADOPTED this 15"" day of September, 2008 Original Signed by Sandy Herle Original Signed by Laurie Taylor Mayor Director of Administrative Services Consolidated under the provisions of the Community Charter to include Bylaw 1437.1. Printed under the authority of the Deputy Corporate Officer of the City of Parksville this 18'" day of June 2014. Original signed by Amanda Weeks Deputy Corporate Officer Bylaw No. 1437 - Page 6 SCHEDULE "A" DEVELOPMENT COST CHARGES RATES Bylaw 1437.1 adopted June 16, 2014, deleted Schedule 'A' in its entirety and substituted the following: Upon approval of a subdivision or the issuance of a building permit for any land within the City of Parksville, the following development cost charges shall be paid: 1. Upon the subdivision of land zoned to permit single family residential use the following amounts shall be paid in respect of each parcel of land in the plan of subdivision: Parkland $332.91 9,655.33 101.79 503.96 3,896.00 $14,489.99 2. Upon issuance of a building permit for the construction, of a low density multiple family residential building the following charge shall be paid for each square meter of gross floor area authorized to be constructed by the building permit: Parkland $2.54 73.45 24.01 $103.39 3. Upon issuance of a building permit for the construction, of a medium density multiple family residential building and of a high density multiple family residential building, the following charge shall be paid for each square meter of gross floor area authorized to be constructed by the building permit: Parkland $1.53 44.15 18.95 566.46 Bylaw No. 1437 - Page 7 4. Upon issuance of a building permit for the construction, alteration or extension of a building or part of a building for any commercial use, the following charge shall be paid for each square meter of gross floor area authorized to be constructed, altered or extended by the building permit: Parkland $1.28 774 5. Upon issuance of a building permit for the construction, alteration or extension of a building or part of a building for any industrial use, the following charge shall be paid for each square meter of gross floor area authorized to be constructed, altered or extended by the building permit: 37.14 Zi20 $61.18 6. Upon issuance of a building permit for the construction, alteration or extension of a building or part of a building for any institutional use, the following charge shall be paid for each square meter of gross floor area authorized to be constructed, altered or extended by the building permit: ee ee 545.39 53.47 $100.25 7. Where a proposed building is to be used for more than one class of use under this bylaw, the charge for each portion of the building used for a separate class of use shall be calculated separately, based upon the relevant charge under Sections 2, 3, 4, 5 or 6 of this Schedule, and the total amount of those charges shall be payable upon issuance of a building permit for the construction, alteration or extension of the building. Bylaw No. 1437 - Page 8 SCHEDULE "B" DCC EXEMPTION AREA 9 » DCC Exemption Area 4 ' ' ARBUTUS ROAD %, ctor) Parksville Bylaw 1437 (Schedule 'B') g % fe) % © g 3 > oy N + VY, 5 Ny Wy = ° WwW =F = Yo, Vs, A SATURNA DRIVE Cr aig ANG Sy D> ey B \ a, ay s 4 2 Tp RS RS RY Y w % Xi, * 05 g 'e a 4 % ) & ¢ %, eS Ip ox ay a <5 Z. %, = rx < % <g <¥, ra wo, o) B 'oN OY 8 BAY OR fo) % N, Wo, 9 kay, : Mg, 7 w de/ m ae Nar om z 2 wa ft w % & 4 OR : ei, Pe q . * MADEIRA Place 3 % % yy, CHATTLE ROAD a %, % LASSER SYGIS/PDF Maps/DCC Exemption - Schedule B.pdf