Port Moody, British Columbia
· No. 3054
· adopted 2020-01-14
· summary & facts
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City of Port Moody Development Cost Charges Bylaw, 2019, No. 3054
CONSOLIDATED FOR CONVENIENCE
EDMS#649530
1
CONSOLIDATED FOR CONVENIENCE
Bylaw No. 3054
WHEREAS Council of the City of Port Moody (Council), as authorized under the
Local Government Act, RSBC 2015, Chapter 1, section 559 may, by bylaw, impose
Development Cost Charges for the purpose of providing funds to assist the City of Port Moody
(City) to pay the capital costs of providing, constructing, altering, or expanding sewage, water,
drainage, and highway facilities, other than off-street parking facilities, and providing and
improving park land to service, directly or indirectly, developments for which the charges are
being imposed;
AND WHEREAS in setting Development Cost Charges, Council has taken into consideration
future land use patterns and development; the phasing of works and services; the provision of
park land described in City of Port Moody Official Community Plan Bylaw, 2014, No. 2955; how
development designed to result in low environmental impact may affect the capital costs of
infrastructure (sewer, water, drainage, highway facilities other than off-street parking, and park
land); and considers that the charges:
-
are not excessive in relation to the capital cost of prevailing standards of service
in the City;
-
will not deter development;
-
will not discourage the construction of reasonably priced housing or of
reasonably priced serviced land; and
-
will not discourage development designed to result in a low environmental
impact;
AND WHEREAS Council considers that the Development Cost Charges to be imposed by this
Bylaw are related to capital costs attributable to projects included in the City's financial plan, and
are consistent with City of Port Moody Official Community Plan Bylaw, 2014, No. 2955;
NOW THEREFORE the Council of the City of Port Moody enacts as follows:
1.
Citation
1.1 This Bylaw may be cited as "City of Port Moody Development Cost Charges Bylaw,
2019, No. 3054."
City of Port Moody Development Cost Charges Bylaw, 2019, No. 3054
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2.
Repeal
2.1 Development Cost Charges Imposition Bylaw, 1986, No. 1801 and all
amendments thereto are hereby repealed.
3.
Definitions
3.1 In this Bylaw,
Building permit means any permit required by the City that authorizes the
construction, alteration, or extension of a building or structure;
City means the City of Port Moody;
Commercial, General means a use providing for the sale of goods and services,
including retail, personal services, and entertainment uses;
Commercial, TOD means a use providing for the sale of goods and services within
an area designated as a Transit-Oriented Development area;
Development means:
(a) a subdivision and a proposed subdivision; or
(b) the construction, alteration, or extension, and a proposed construction,
alteration, or extension of a building or structure for which a building permit
is required;
Duplex (Semi-Detached Residential) means a residential use in which a building
on a lot is used for two (2) independent dwelling units in a variety of configurations,
neither of which is a Detached Accessory Dwelling Unit (DADU) or Secondary
Suite;
Effective Date means the date on which this Bylaw is adopted by Council for the
City;
Excluded Area, in respect of Development, means the area identified as Excluded
Area in Schedule "B" of this Bylaw;
Industrial includes both industrial use and light industrial use as defined in the
Zoning Bylaw;
Institutional means a use providing for a public function or civic purpose,
including:
(a) federal, provincial, and local government offices, courts, jails, and
correctional facilities;
(b) public schools, colleges, hospitals, libraries, and museums;
(c) public parks, playgrounds, and cemeteries;
City of Port Moody Development Cost Charges Bylaw, 2019, No. 3054
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(d) municipal community centres, swimming pools, and public works yards; fire,
police, ambulance stations; and
(e) cultural, artistic, or heritage facilities or services, but does not include a
commercial or industrial use;
Laneway House (Detached Accessory Dwelling Unit) means a dwelling unit in the
rear yard of a single detached residential lot that is separate from and subordinate
in scale to the principal dwelling unit on the lot and which may not be stratified;
Major Change means a change to the scope of work authorized by a building
permit which results in either:
(a) an increase 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) a change to the zone or land use on which the development cost charges was
based;
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;
Multi-Residential means a residential use in a building divided into not less than
three (3) dwelling units, including triplex, quadplex, townhouse, and apartment
forms;
Multi-Family TOD means a Multi-Residential development within an area
designated as a Transit-Oriented Development area;
Residential means a use providing for the accommodation and home life of a
person or persons, and the activities customarily accompanying and subordinate to
that use including incidental horticulture, recreation, enclosed storage, and the
keeping of household pets where such animas are normally kept within a Dwelling
Unit;
Secondary Suite means one additional Dwelling Unit that is located within and is
accessory to a Single Detached Residential building or a Duplex that is the
principal dwelling on the same lot in accordance with the Zoning Bylaw;
Single Detached Residential Unit has the same meaning as defined in the
Zoning Bylaw;
Transit Oriented Development or TOD means a development within the Transit-
Oriented Areas designated in City of Port Moody Transit-Oriented Areas
Designation Bylaw, 2024, No. 3465; and
Zoning Bylaw means City of Port Moody Zoning Bylaw, 2018, No. 2937.
Amended by
BL3478
City of Port Moody Development Cost Charges Bylaw, 2019, No. 3054
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3.2 Except as otherwise defined, words and phrases in this Bylaw have the same
meanings as in the Local Government Act, the Community Charter, the Zoning
Bylaw, and the Interpretation Act, as the context and circumstances require. A
reference to a statute refers to a statute of British Columbia, and a reference to any
statute, regulation, bylaw, or other enactment refers to that enactment as it may be
amended or replaced from time to time.
3.3 If any portion of this Bylaw is held to be invalid by a court of competent jurisdiction,
that portion is severed and the remainder of this Bylaw remains in force and effect.
4.
Development Cost Charges Payable
4.1 The development cost charges established in this Bylaw apply to every Development
in the City that is not within the Excluded Area.
4.2 Subject to section 7, every person who obtains:
(a) approval of a subdivision under the Land Title Act or Strata Property Act; or
(b) a Building Permit authorizing the construction, alteration, or extension of a
building or other structure
must pay to the City, at the time of approval of the subdivision or the issue of the
Building Permit, as the case may be, the applicable development cost charge
established in Schedule A.
4.3 Without limiting the generality of subsection 4.2, development cost charges apply to
a Building Permit that authorizes the construction, alteration, or extension of a
building that will, after the construction, alteration or extension, contain one (1) or
more self-contained residential Dwelling Units other than a Building Permit for a
Secondary Suite within an existing Single Detached Residential Unit or a Duplex.
4.4 Subject to the Local Government Act sections 511 and 568, as applicable,
development cost charges under this Bylaw are assessed and payable at the
following times:
(a) in the case of a Residential subdivision other than for a Multi-Residential
building, at the time the application for subdivision is complete on its face
and submitted, along with applicable fees, in a form acceptable to the
approving officer for the City for processing approval; and
(b) in other circumstances, at the time a building permit is issued,
but may be paid by way of instalments in accordance with the Development Cost
Charge (Instalments) Regulation, B.C. Reg. 166/84.
5.
Calculation of Charges
5.1 Development cost charges shall be calculated in accordance with Schedule "A"
based on the use or combination of uses within the Development.
5.2 For a mixed-use Development, the applicable development cost charges will be
calculated separately for each portion of the Development contained in the
City of Port Moody Development Cost Charges Bylaw, 2019, No. 3054
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Building Permit or subdivision application in accordance with the zoning and land
uses identified in Schedule "A".
6.
Changes to Work Authorized by a Building Permit
6.1 For a Minor Change to a Building Permit, development cost charges will be
recalculated to include the increase in building area, developed area, or dwelling
units. The difference between the original development cost charge amount and
the recalculated cost charge amount shall be paid to the City prior to the issuance
of the revised permit.
6.2 For a Major Change to a Building Permit, development cost charges will be
recalculated for the entire project. The difference between the original
development cost charge amount and the recalculated cost charge amount shall
be paid to the City prior to the issuance of the revised permit.
7.
Exemptions
7.1 Section 4 does not apply:
(a) 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) or section
224(2)(f) of the Community Charter [places of public worship];
(b) in relation to the construction, alteration, or extension of self-contained dwelling
units in a building authorized under a Building Permit if each unit is no larger in
area than 29 square metres and is used only for residential use; or
(c) to a Development authorized by a Building Permit if the value of the work
authorized by the permit does not exceed $50,000 or such other amount as
may be prescribed by provincial regulation.
8.
Effective Date
8.1 This Bylaw will come into force on the Effective Date.
9.
Attachments and Schedules
9.1 Schedules "A" and "B" are attached to and form part of this Bylaw.
BYLAW ADOPTED
January 14, 2020
AMENDMENT NO. 1, 2024, 3478
January 14, 2025
City of Port Moody Development Cost Charges Bylaw, 2019, No. 3054
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SCHEDULE "A"
to Development Cost Charges Bylaw, 2019, No. 3478
The following Development Cost Charges apply to Development within all areas except those
shown on Schedule "B":
Land Use
Measure
Water Sanitary
Sewer
Drainage
Roads
Parks
Total
Laneway Houses
Dwelling
unit
$0
$ 14.78
$ 592.42
$ 942.87
$ 9,182.57 $ 10,732.65
Single Detached
Residential or Duplex,
whether or not
including Secondary
Suites
Dwelling
unit
$0
$ 56.78
$ 3,049.73
$ 3,627.55
$ 28,158.91 $ 34,892.98
Multi-Residential
Townhouses
Square
metre
$0
$ 0.21
$ 6.04
$ 7.25
$ 136.49
$ 149.98
Multi-Residential (Up
to 6 stories)
Square
metre
$0
$ 0.16
$ 3.46
$ 9.44
$ 109.82
$ 122.88
Multi-Residential TOD
greater than 6 stories
Square
metre
$0
$ 0.18
$ 5.12
$ 7.61
$ 125.19
$ 138.10
Commercial
General/Institutional
Square
metre
$0
$ 0.17
$ 7.03
$ 42.21
$ -
$ 49.41
Commercial TOD
Square
metre
$0
$ 0.23
$ 7.98
$ 27.37
$ -
$ 35.58
Industrial
Square
metre
$0
$ 0.26
$ 31.22
$ 11.13
$ -
$ 42.61
Schedule A replaced
by BL3478
City of Port Moody Development Cost Charges Bylaw, 2019, No. 3054
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SCHEDULE "B"
to Development Cost Charges Bylaw, 2019, No. 3054