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Bylaw No. 3551
A Bylaw to impose Amenity Cost Charges.
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 Amenity Cost Charges Bylaw
2026, No. 3551".
Definitions
2.
2.1
In this Bylaw:
"Amenity" means an amenity or amenities referenced in Schedule "C" attached to
this Bylaw.
"Amenity Cost Charge" means the charge payable pursuant to the provisions of
this Bylaw and in the amounts referenced in Schedule "A" attached to this Bylaw.
The term Amenity Cost Charge may also be referred to as "ACC" or "ACCs" in
this bylaw.
"Building Permit" means any permit required by the City that authorizes the
construction, alteration, or extension of a building or structure.
Bylaw" means this bylaw and any subsequent amendments hereto.
City" means the City of Port Moody.
Commercial" has the same meaning as defined in the Zoning Bylaw,
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.
"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 referenced in Schedule "B" attached to this Bylaw.
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"High Density Residential" means the dwelling of a residential use in the form of
apartment buildings with more than six units.
"Industrial" includes both Industrial Use and Light Industrial Use as defined in the
City of Port Moody 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;
(d) municipal community centres, swimming pools, and public works yards;
(e) fire, police, and ambulance stations; and
(f)
cultural, artistic, or heritage facilities or services, but does not include a
Commercial or Industrial Use.
"In-stream" means an application submitted and accepted by the City as a
legitimate application and all applicable application fees have been paid, and
where the application has not been determined incomplete or rejected by the City
or withdrawn by the applicant.
"Low Density Residential" means a residential use of a Single Detached
Residential Unit and may include a Secondary Suite.
"Medium Density Residential" means a residential use in the form of additional
dwelling units consisting of two or up to and including six dwelling units,
Townhouses and Apartments.
"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 Amenity Cost Charges
were 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.
"Precursor Application" means:
(a) an application for the issuance of a development permit:
(i)
submitted and accepted by the City 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
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(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:
(i)
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,
(ii) 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" 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 animals 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.
Zoning Bylaw" means City of Port Moody Zoning Bylaw.
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.
2.2
3.
Amenity Cost Charges Payable
The Amenity Cost Charges established in this Bylaw apply to every Development
in the City that is not within the Excluded Area.
3.1
Subject to section 7, every person who obtains:
(a) approval of a subdivision under the Land Title Act or Strata Property Ac,t 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 Amenity Cost Charge
established in Schedule A attached to this Bylaw.
Without limiting the generality of subsection 4.2, Amenity Cost Charges apply to
a Building Permit that authorizes the construction, alteration, or extension of a
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3.2
3.3
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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 semi
detached residential building.
3.4
Subject to the Local Government Act section 570, as applicable. Amenity
Cost Charges under this Bylaw are assessed and payable in full to the
City for all types of Development to which this Bylaw applies prior to the
issuance of a Building Permit for the Development.
3.5
Amenity Cost Charges that would otherwise be payable in full at the time
indicated in section 4.4 may be payable in instalments 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 instalments
and prescribed the condition under which such instalments be paid.
4.
Calculation of Charges
Amenity Cost Charges shall be calculated in accordance with:
4.1
(a) Schedule "A" to this Bylaw based on the use or combination of uses within
the Development;
(b) any applicable credits identified in Schedule "D" to this Bylaw; and
(c) any applicable reductions established by City of Port Moody Development
Cost Charges Reduction Bylaw, 2019, No. 3212.
4.2
For a mixed-use Development, the applicable Amenity Cost Charges will be
calculated separately for each portion of the Development contained in the
Building Permit or subdivision application in accordance with the zoning and land
uses identified in Schedule "A" to this Bylaw.
Changes to Work Authorized by a Building Pernnit
5.
5.1
For a Minor Change to a Building Permit, Amenity Cost Charges will be
recalculated to include the increase in building area, developed area, or dwelling
units. The difference between the original Amenity Cost Charge amount and the
recalculated Amenity Cost Charge amount shall be paid to the City prior to the
issuance of the revised permit.
For a Major Change to a Building Permit, Amenity Cost Charges will be
recalculated for the entire project. The difference between the original Amenity
Cost Charge amount and the recalculated Amenity Cost Charge amount shall be
paid to the City prior to the issuance of the revised permit.
5.2
6.
Exemptions
6.1
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
City of Port Moody Amenity Cost Charges Bylaw, 2026, No. 3551
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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 29m^ 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.
7.
Attachments and Schedules
The following schedules are attached to and form part of this Bylaw;
7.1
-
Schedule A - Amenity Cost Charges
-
Schedule B - Excluded Area
-
Schedule C - List of Amenities
-
Schedule D - Credits for Community Amenity Contributions and Density
Bonus
8.
Severability
If a portion of this Bylaw is found invalid by a court,
it will be severed, and the
remainder of the Bylaw will remain in effect.
8.1
Read a first time this 14^ day of July, 2026.
Read a second time this
day of July, 2026.
Read a third time this 14^ day of July. 2026.
Adopted this 2^ day of July. 2026.
jp
Q.
Q
S. Lam
Corporate Officer
M. Lahti
Mayor
City of Port Moody Amenity Cost Charges Bylaw, 2026, No. 3551
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SCHEDULE "A" to Bylaw No. 3551
The following Amenity Cost Charges apply to Development within all areas except those shown
on Schedule "B":
Land Use
Measure
Amenity Cost Charge
Low Density Residential
Per Unit
$15,633
Medium Density Residential
Per Unit
$11,218
High Density Residential
Per Unit
$7,159
m^
Commercial
$34.32
m^
Industrial
$19.06
m^
institutional
$38.13
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SCHEDULE "B" to Bylaw No. 3551
Excluded Area
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SCHEDULE "C" to Bylaw No. 3551
List of Amenities
Community Centres and Amenities;
(a) Community Centres and Amenities include the City's contribution to Kyle Centre,
Aquatic Centre, and Library,
Park Amenities;
(a) Park Amenities include park components not eligible for Development Cost Charges
for Rocky Point Park, Old Orchard Park, and Cedanwood Park.
1.
2.
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SCHEDULE "D" to Bylaw No. 3551
Credits for Community Amenity Contributions and Density Bonus
1.
Definitions
1.1
The definitions provided in this Schedule "D" apply only within this Schedule "D"
and do not modify or replace any definitions referenced in section 2 of this Bylaw.
In this Schedule "D", unless the context otherwise requires;
"Approved Comprehensive Development (CD) Zone" means the site specific
zone assigned to lands as a result of an approved Rezoning Application, as set
out in the Zoning Bylaw in force at time of Bylaw Adoption.
"Bylaw Adoption" means the adoption of the rezoning amendment bylaw
associated with, and approving, a Rezoning Application.
"CAC" or "Community Amenity Contribution" means a voluntary financial
contribution paid by an applicant to the City, and accepted by the City, in
connection with a Rezoning Application in order to provide funding for amenities.
"CAC Density" means the residential floor area upon which a CAC was
calculated excluding any credits given for existing residential density.
"Density Bonus" means a financial payment made to the City at time of Building
Permit issuance in exchange for a portion of additional gross floor area above a
residential base density as set out in the Approved Comprehensive Development
(CD) Zone and related Development Agreement in order to provide funding for
amenities.
"Development Agreement" means a legal agreement between the owner of a lot
and the City, which includes a Section 219 covenant registered on title to the lot
in favour of the City.
"Development Permit" means a form and character development permit issued
by the City.
"Rezoning Application" means the application submitted to the City to rezone
lands upon which a CAC was calculated and is to be paid.
Credit Determination
A credit will be applied against the ACC calculated in accordance with Schedule
"A" to this Bylaw,
if the conditions set out in section 3 of this Schedule "D" are
satisfied, subject to the conditions set out in section 4 of this Schedule "D".
1.2
2.
2.
1
3.
ACC Credit
3.1
A credit in the amount equal to the ACC calculated in accordance with Schedule
"A" to this Bylaw will be applied to;
(a)
Approved Comprehensive Development (CD) Zone, multi-phase projects;
(b)
where a Development Agreement in the form of a Section 219 Land Title Act
covenant has been agreed to between the City and the property owner;
(c)
the Development Agreement sets out works, services and amenities to be
provided by the property owner, including the voluntary payment of
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Community Amenity Contributions, in connection with the Development of
the land on a phased basis; and
(d)
the Development Agreement may provide for the property owner to make
Density Bonus payments or the provision of amenities in lieu of Density
Bonus payments to the City at Building Permit issuance on a phase-by
phase basis.
If the Approved Comprehensive Development (CD) Zone is subsequently
amended to allow for additional development density;
(a)
the Development Agreement will be similarly amended by mutual agreement
between the City and the property owner; and
(b)
the additional development density will be subject to the ACC calculated in
accordance with Schedule "A" to this Bylaw and will not be subject to any
credit as set out in this Schedule "D".
General Credit Conditions
The applicability of credits set out in this Schedule "D" to this Bylaw are subject to
the following conditions:
(a)
in no event will a credit for a Development exceed the ACC calculated in
accordance with Schedule "A" to this Bylaw for the Development;
(b)
credits are non-transferable and non-refundable;
(c)
credits apply only:
(i)
once and no credit will be applied in respect of any lot where a Building
Permit has previously been issued for a Development on that lot
following Bylaw Adoption; and
(ii)
if the CAC or Density Bonus payments or Amenity Contributions in lieu
of payments that are stipulated in the Development Agreement have
been paid or provided by the owner of the lands to the City; and
(d)
for the purposes of determining a CAC or Density Bonus where the lands
subject to the Rezoning Application consists of two or more lots, the CAC
paid or Density Bonus, as applicable, will be deemed to be allocated among
such lots on a proportional basis in accordance with the following:
(i)
the applicable residential gross floor area authorized for those lots
pursuant to a Development Permit issued concurrently with Bylaw
Adoption; or
(ii)
in the absence of a Development Permit issued concurrently with
Bylaw Adoption, the applicable maximum residential floor area
achievable on those lots under the Approved Comprehensive
Development (CD) Zone; or
(iii)
a combination of (i) and (ii) above,
if one portion of the lots had a
Development Permit issued concurrently with the Bylaw Adoption and
the other portion did not, and for the purposes of allocating a CAC, any
credits for existing residential floor area used to calculate the CAC will
be allocated proportionally among the lots in accordance with (i),
(ii),
and
(iii) above.
3.2
4.
4.1
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