Development Cost Charge Bylaw 2561, 2019 — full text, Powell River, British Columbia

This is the exact embedded text of the captured official document. Snapshot 24af69e3b2e1 · verified 2026-10-19 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

CITY OF POWELL RIVER BYLAW 2561, 2019 A Bylaw to impose development cost charges for the capital cost of providing, altering or expanding infrastructure and park land improvements WHEREAS pursuant to the Local Government Act, s. 559 to 569 of Part 14, Division 19, Council may, by bylaw, impose development cost charges; AND WHEREAS development cost charges may be imposed for the purpose of providing funds to assist the City in paying the capital cost of providing, constructing, altering, or expanding roads, storm, sewage and water infrastructure, and improving park land in order to service, directly or indirectly, the development in respect of which the charges are imposed; AND WHEREAS in consideration of Council, the charges imposed by this bylaw; a) are not excessive in relation to the capital cost of prevailing standards of service; b) will not deter development in the City, c) will not discourage construction of reasonably priced housing or the provision of reasonably priced serviced land; and d) will not discourage the development or redevelopment of commercial or industrial properties that would otherwise provide employment and economic diversity and stabilityin the City; AND WHEREAS Council has considered future land use patterns and development, the phasing of works and services, and the provision of park improvements as set out in the Official Community Plan Bylaw; AND WHEREAS pursuant to the Community Charter and the Local Government Act, Council may, by bylaw, delegate powers to an officer or employee of the City; NOW THEREFORE, the Counc//ofthe C/YyofPowell River, in open meeting assembled, enacts: PART 1: TITLE & APPLICATION 1.1 Title This Bylaw may be cited for all purposes as the "City of Powell River Development Cost Charge Bylaw 2561, 2019." 1.2 Application This Bylaw applies to all lands and premises within the boundaries of the City and to all applications for subdivision, development or issuance of a building permit, as the case may be and as set out by Schedule A attached hereto and forming a part of this Bylaw. City of Powell River Development Cost Charge Bylaw 2561, 2019 Page 1 of 9 1.3 Severability The provisions of this Bylaw are severable. If any provision is for any reason held to be invalid by the decision of a court of lawful jurisdiction, such decision shall not affect the validity of the remaining provisions of this Bylaw. 1.4 Administration The Authorized Person shall administer this Bylaw. 1.5 Repeal of Previous Bylaw Development Cost Charge Bylaw 2230, 2009 and all amendments thereto are hereby repealed. PART 2: DEFINITIONS All words or phrases have their normal or common meaning except where they are changed, modified or expanded by the following definitions and hereafter are generally shown in italics for reference: AFFORDABLE HOUSING UNITS means non-market housing units managed by a non-profit society for persons on low income or with disabilities or market housing units under the terms of a Housing Agreement with the City that would be affordable to households of low and moderate incomes (household incomes that are 80% or less than the median household income in City of Powell River as reported by Statistics Canada) AUTHORIZED PERSON means the person appointed by Council as the Director of Finance in respect of all matters relating to DCC payment and the Manager of Engineering Services as regards calculation of charges, or any person designated by the Authorized Person to carry out any act or function under this Bylaw. BUILDING PERMITmeans the authorization in writing or permit issued under the City Building Bylaw 2141, 2008, as amended or superseded, and includes development of exterior gross s/'te area of commercial or industrial uses where no buildings are proposed. CITY means the City of Powell River. COMMERCIAL means development of a lot or structure used or intended to be used to carry on one or more business undertakings, a) including but not limited to, the sale or provision of goods, meats, transient accommodation, entertainment or services, and b) located in and conforming to a commercial zone but excluding industrial, institutional, or residential uses regardless of zoning and of provisions under Part 10 of the Zoning Bylaw, COUNCIL means the Council of the City of Powell River. City of Powell River Development Cost Charge Bylaw 2561, 2019 Page 2 of 9 DETACHED ACCESSORY DWELLING UNIT (CARRIAGE HOUSE) means an accessory use residential dwelling unit subordinate to the principal dwelling in terms of scale and siting. They are stand-alone, self-contained dwelling units. They consist of a single level of habitable living space either ground-oriented or above a garage/workshop. DEVELOPMENT COST CHARGES (DCCS) means the applicable rates as set out in Schedule A attached to this Bylaw. DWELLING UNIT means a building, or a self-contained part of a building designed for or occupied exclusively by one family, unless legally used as a short-term rental or boarding house, with one or more sleeping units, bathroom facilities, and not more than one cooking facility. DWELLING, CLUSTER HOUSING (TOWNHOUSE) means a block of three or more attached dwelling units on one lot, where each dwelling unit in the block has separate external access, shares one or more party walls with another dwelling and which may be separated from its neighbour by a floor and has a separate patio or garden. DWELLING, MULTI FAMILYmeans any building or development consisting of three or more dwelling units each of which is occupied or intended to be occupied as the permanent home or residence of one family and includes apartments and cluster housing. DWELLING, SINGLE FAMILY (SFD) means a building, consisting of one dwelling unit, used or intended to be used as the permanent home or residence of one family; or as a community care facility licensed under the Community Care and Assisted Living Act; or as a residential shelter. A singie-family dwelling shall not be construed to include a recreational vehicle or tent. DWELLING, TWO FAMILY or DUPLEX (2FD) means a structure containing two dwelling units within one building located on a single lot which is used or intended to be used as the residence of two families and which may or may not be strata titled. FINAL APPROVAL means the stage of approval granted by the Approving Officer who then affixes his signature to the final subdivision plan for the purpose of Land Title Office registration. GROSS FLOOR AREA means the total area of all floors measured in square metres, of all the buildings on a lot, measured to the extreme outer limits of the building, of all areas giving access thereto, and enclosed balconies, enclosed porches, elevator shafts, and accessory buildings, but excluding: storage areas where the height from the top of the floor to ceiling is less than two metres; areas used for motor vehicle parking and cycling storage. GROSS SITE AREA means the total area of land, measured in hectares, containing improvements for the proposed use of the land, including building footprint, areas required for semi-open structures, exterior storage, loading and other exterior operations, but excluding onsite storm detention or groundwater recharge systems, landscaped areas, setbacks, and any lands not comprising a part of the industrial use, all as approved by the Authorized Person. City of Powell River Development Cost Charge Bylaw 2561, 2019 Page 3 of 9 INDUSTRIAL means development of a lot or building on titled or leasehold land, used or intended to be used for industrial purposes, including but not limited to warehousing, wholesale, manufacturing, processing, assembly, testing, distribution, servicing and repairing of products or materials, and that is located on a parcel in a commercial or industrial zone classified as such and conforming to Part 1 0 and 11 of the Zoning Bylaw. INSTITUTIONAL means development of a lot or building used or intended to be used for cultural, recreational, religious, social, library, school, government or hospital use for the benefit of the public in general, and that is located on a parcel in a zone under Part 12 or any other zone which permits civic and institutional uses in the Zoning Bylaw; MANUFACTURED HOME means any building in the R4 zone, under the Zoning Bylaw that is manufactured in a factory for transport, assembly and completion as a dwelling unit, including placement on a foundation and is certified as being constructed to the requirements of the CSA National Standard CAN/CSA Z240 or A277, but is not designed to be transported on its own wheels or undercarriage. SECONDARY SUITE means an accessory, self-contained dwelling unit, located within the principal dwelling on a lot and having a lessor floor area than the principal dwelling unit and may not be subdivided. SUBDIVISION means the division of land into two or more parcels, whether by plan or by metes and bounds description. ZONE means the areas into which the City is divided in accordance with this Bylaw and schedules appended hereto; and for which specific regulations are hereinafter outlined. ZONING BYLAW means "City of Powell River Zoning Bylaw 2100, 2006" as amended or superseded. PART 3: DEVELOPMENT COST CHARGES 3.1 General Provisions 3.1.1 Except as provided for under section 3.2, every person who obtains from the City; a) Final Approval of a subdivision; or b) Building Permit for a Single Family or Duplex dwelling; or, c) a building permit authorizing the construction of a new building or the placement ofa manufactured home; must, for the classes of development prescribed herein and prior to the approval of the subdivision or issuance of the building permit, pay the applicable development cost charge(s) as stipulated in Schedule A 3.1.2 The classes of development as defined in this Bylaw and listed on the schedules, shall City of Powell River Development Cost Charge Bylaw 2561, 2019 Page 4 of 9 apply to commercial, industrial, and institutional development, and for residential development that includes, single family, two family, cluster dwellings, multi family, and manufactured housing. 3.1.3 Any person required to pay development cost charges pursuant to Section 3.1.1 shall pay the appropriate charges as follows; a) sanitary sewer facilities DCCs are applicable to all areas within the boundaries of the City; b) water facilities DCCs are applicable to all areas within the boundaries of the City, c) storm sewer facilities DCCs are applicable to all areas within the boundaries of the City; d) road improvement DCCs are applicable to all areas within the boundaries of the City; and e) park land improvement DCCs are applicable to all areas within the boundaries of the City. 3.1.4 DCCs imposed under this Bylaw for development pursuant to the Strata Property Act, including: bare land strata, strata conversion, or phased strata; shall be calculated based upon the land use classification and must be paid to the City prior to building permit issuance or Final Approval of a strata subdivision, whichever is first in time. Where a strata is phased, the charge shall be calculated and levied as applicable by the increment of the given phase. 3.1.5 Where a manufactured home is placed or building permit is issued for placement in any zone except the R4: Mobile Home Park Residential, the DCC imposed and paid shall be under the Single-Family Dwelling class of development. Removal and replacement of a given dwelling unit shall not be imposed a DCC. 3.1.6 Where a lot, previously granted Final Approval based upon a single-family dwelling use, is developed for a duplex or two-family dwelling, then at time of building permit issuance, DCC charges for an additional single-family dwelling shall be imposed and paid. 3.1.7 Where a development to which DCCs apply contains two or more uses, the charge to be paid will be calculated separately for each use within the development with the total charge being the sum of the DCCs for all uses in the development. In the case of buildings in a commercial or industrial zone containing residential uses or units, the floor area of the residential use and the area of any required vehicle parking spaces associated with the residential use shall be deducted from the gross floor area/gross site area of the commercial or industrial use and shall pay the stipulated DCCs. 3.1.8 When an application involves an addition to an existing building or the expansion of an existing industrial development, the DCCs shall be calculated only on that portion that exceeds the gross floor area of the existing building, or the gross developed s/te area of the existing industrial development, as the applicable case may be. 3.2 Exemptions and Reductions 3.2.1 No charge is payable under section 3.1 for the proportion of development where a: a) building permit authorizes the construction, alteration or extension of a building that is, or City of Powell River Development Cost Charge Bylaw 2561, 2019 Page 5 of 9 will be, after the construction, alteration or extension, exempt from taxation under s. 220.1 (h) (statutory exemption for places of public worship) or 224 (2) (f) (permissive exemptions in relation to places of public worship) of the Community Charter, or b) building permit authorizes development and construction of affordable housing units. c) Where a building permit authorizes development and construction of a secondary suite and/or a carriage house, no charge is payable in addition to the charge due for the principal dwelling unit. 3.2.2 A 50% charge is payable under section 3.1 where a: a) building permit authorizes development and construction of a building that meets both of the following building standard and greenhouse gas (GHG) emissions requirements: Part 9 Buildings Part3 Buildings Building Standards BC Energy Step Code Step 3 OR Build Green Gold or Platinum BC Energy Step Code Step 2 for concrete residential and commercial, Step 3 for wood frame residential GHG Emissions Requirements The building must utilize a low-carbon, non- fossil-fuel space heating, cooling and domestic hot water system. This includes air and ground source heat pump systems, waste heat recovery systems, solar thermal, or other systems approved by the City. The building's space heating, cooling and domestic hot water system must derive a minimum 70% of its energy demand from a renewable energy source. 3.2.3 Where an owner or applicant installs onsite storm drainage works that will, in the judgement of the Authorized Person, eliminate or reduce the City's capital cost burden, the applicable class of storm DCCs shall be reduced by the value of the works provided that: a) the works are designed, and the construction of the works are certified by a qualified professional engineer registered in the Province of British Columbia; b) the design of the works and the owner's arrangements for the maintenance and operation of the works, including all calculations, certification, manuals and documentation are submitted to and are acceptable to the Authorized Person; and c) the development is a land use other than single family or two-family development. d) If the works are not completed prior to building permit issuance, the Authorized Person may require the applicant to pay the storm DCCs at time of issuance and then refund the applicant the value of the onsite works up to the total amount of storm DCCs paid, upon completion of the storm drainage works. The applicant must submit engineer's certification and a copy of the works operations and maintenance manual prepared by a qualified professional engineer to theC/'fy. City of Powell River Development Cost Charge Bylaw 2561, 2019 Page 6 of 9 3.3 Payment by Installment 3.3.1 Notwithstanding section 3.1, DCCs in excess of $50,000 for a given application may be paid by installments in accordance with the Local Government Act and subject to the following: a) all DCCs owing must be paid in full within two years of the date of subdivision Final Approval or building permit issuance, by paying not less than: i. 1,3 of the total charge at the time of either Final Approval or building permit issuance; ii. 1/2 of the outstanding balance within the first year; and iii. full payment of the charge remainder within twoyears. b) where DCCs are paid in installments, and payment is not received in accordance with the preceding, the total balance becomes due and payable immediately; and c) no interest is payable on the unpaid balance of a DCC until it becomes due and payable, but when it does, it is a condition of election under this section that interest is payable from that date until payment at the rate or rates prescribed under clause 11 (3) of the Taxation Act for the period of non-payment. 3.3.2 Where an owner or applicant elects to pay DCCs by installment, he or she must deposit with the Director of Finance at time of the first installment, a security acceptable to the Director in the form of an irrevocable Letter of Credit from a chartered bank, ensuring that upon default, the balance of the unpaid charges will be recoverable from the person, the chartered bank, or from the proceeds of the realization of the security, as the case maybe. 3.4 Refund of Development Cost Charges Upon receipt of a written request, a DCC will be refunded where a building permit is cancelled or has lapsed and no construction was commenced, provided that the City has not undertaken any offsite works related to the development or building in respect of which the DCCs were paid whether requested by the applicant or initiated by the City. 3.5 Application of Fees and Municipal Assist Factor 3.5.1 All applications for subdivisions or building permits received on, or after the effective date of this Bylaw shall be assessed DCCs in accordance with this Bylaw as calculated by date of building permit issuance or Final Approval and not application date. 3.5.2 All subdivision applications received but not granted Final Approval prior to the effective date of this Bylaw, are not subject to the DCC payment prescribed in this Bylaw provided that the one-year term of preliminary approval has not lapsed. City of Powell River Development Cost Charge Bylaw 2561, 2019 Page 7 of 9 3.5.3 The Municipal Assist Factor set at 1 % shall be applied to all categories of DCCs 3.6 Effective Date This Bylaw shall come into force and affect upon the date of the 5th day of November 2020. READ A FIRST TIME the 19th day of December, 2019 READ A SECOND TIME the 6th day of February, 2020 READ A THIRD TIME the 6th day of February, 2020 THIRD READING RESCINDED the 20th day of August 2020 READ A THIRD TIME AS AMENDED the 20th day of August 2020 STATUTORY APPROVAL given the 1 3th day of October 2020 ADOPTED the 5th day of November, 2020 David J.formosa, Mayor , Corporate Officer City of Powell River Development Cost Charge Bylaw 2561, 2019 Page 8 of 9 SCHEDULE A City of Powell River Development Cost Charge Program Type Single Family Town home/Duplex Apt/Condo/Trailer Commercial Institutional Industrial Building>40% coverage Industrial Site < 40% coverage POWELL RIVER DEVELOPMENT COST CHARGE I Unit Dwelling Unit Dwelling Unit Dwelling Unit sq m GFA sq m GFA sq m GFA sqmdev site area $ $ $ $ $ $ $ Sanitary Sewer 4,087 3,193 2/043 16.60 16.60 4.21 1.15 $ $ $ $ $ $ $ Water 374 292 187 1.05 1.05 0.32 0.11 PROGRAM Drainage $ $ $ $ $ $ $ 353 192 118 1.13 1.13 1.13 0.57 $ $ $ $ $ $ $ 2019 Roads 4,002 2,589 2,432 54.92 54.92 7.85 4.40 Park Improvement $ $ $ 685 535 364 n/a n/a n/a n/a $ $ $ $ $ $ $ Total 9,500 6,801 5,144 73.71 73.71 13.51 6.22 * Industrial development shall be charged the building fee when building coverage is equal to orgreaterthan 40% site area OR charged per developed site area if buildings cover less than 40% site area. v L/ City of Powell River Development Cost Charges Bylaw 2561, 2019 Page 9 of 9 ^Sw^^n^ coastal by nature