Works and Services Cost Recovery - Bylaw 8752 (2011)

Richmond, British Columbia

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6955858 CITY OF RICHMOND WORKS AND SERVICES COST RECOVERY BYLAW NO. 8752 EFFECTIVE DATE - July 11, 2011 CONSOLIDATED FOR CONVENIENCE ONLY This is a consolidation of the bylaw below. The amendment bylaw has been combined with the original bylaw for convenience only. This consolidation is not a legal document. Certified copies of the original bylaws should be consulted for all interpretations and applications of the bylaws on this subject. AMENDMENT BYLAW EFFECTIVE DATE Bylaw 9512 February 9, 2016 Bylaw 10215 May 10, 2021 6955858 Bylaw 8752 WORKS AND SERVICES COST RECOVERY BYLAW NO. 8752 Whereas the Council may, by bylaw, impose a charge payable in respect to all or part of a service of the municipality; and Whereas the Council provides and operates a highway service including infrastructure works; The Council of the City of Richmond enacts as follows: 1. There is imposed on every person obtaining approval of a subdivision of a parcel of land identified as benefiting land in Item 9 in any numbered Schedule to this bylaw, a charge in the amount specified in Item 7 of that Schedule, to be applied on the basis of the frontage of the parcel or area of the parcel indicated in Item 9 of the Schedule, plus interest as specified in Section 9 of this bylaw. 2. A charge is not payable under this bylaw in respect of any subdivision of land if, as a condition of approval of such subdivision, the applicant has constructed infrastructure works, or made a payment to the City in lieu of constructing such works, under Subdivision and Development Bylaw No. 8751. 3. A charge is not payable under this bylaw for any subdivision of land in respect of which a charge has previously been imposed under: a) this bylaw for the same improvement project. b) Richmond Off-Site Works and Services Bylaw No. 5720 for the same improvement project. 4. A charge is not payable under this bylaw in respect of any improvement project, for any subdivision for which an application is made more than 15 years after the completion date for that project specified in Item 3 of the Schedule pertaining to that project. 5. A charge is not payable under this bylaw for any subdivision in respect of which an application in complete form was made prior to the adoption of this bylaw provided both of the following conditions are satisfied: a) the subdivision is approved or the building permit is issued no later than 24 months after the adoption of this bylaw, and b) the applicant has not requested in writing that the charge apply. 6. Charges imposed by this bylaw shall be paid prior to the delivery to the subdivision applicant of a subdivision plan signed by the City's approving officer. Bylaw No. 8752 Page 2 6955858 7. Charges paid under this bylaw shall be used only for repayment to reserve funds that the City has expended on the improvement project in respect of which the charge was imposed. 8. In cases where the City is statutorily required to include in a repayment of reserve funds an amount equivalent to interest, the charge imposed under this bylaw shall include an amount in respect of interest, calculated at the rate at which interest would have been earned on the reserve fund had the funds not been expended on the improvement project. 9. Interest shall accrue and be paid on any and all charges payable pursuant to this bylaw at the applicable interest rate, calculated annually and on the basis of days elapsed in a three hundred and sixty five (365) day year, for the period beginning on the completion date of the improvement project specified in Item 3 of the Schedule pertaining to that project, and concluding on the date that the charge is imposed by the City, and such interest shall be paid in accordance with Section 6. 10. Notwithstanding section 9 above, for improvement projects with a completion date, as specified in Item 3 of the Schedule pertaining to that project, prior to July 1, 2015, interest shall accrue and be paid on any and all charges payable pursuant to this bylaw at the applicable interest rate, calculated annually and on the basis of days elapsed in a three hundred and sixty five (365) day year, for the period beginning April 30, 2021, and concluding on the date that the charge is imposed by the City, and such interest shall be paid in accordance with Section 6. 11. In this bylaw: CORNER LOT means a lot which abuts two intersecting streets. FRONTAGE means: For regularly-shaped lots: 1. the length in metres of the lot boundary abutting the infrastructure work. For corner lots: 1. Where the infrastructure work is located on both intersecting streets, the sum of the length in metres of the shortest lot boundary abutting the infrastructure work and 25% of the length in metres of the other lot boundary abutting the work. 2. Where the same type of infrastructure work has been completed within the last 15 years on the street abutting the shortest lot boundary and the new infrastructure work is located on the other lot boundary abutting the work, 25% of the length in metres of that other lot boundary. Bylaw No. 8752 Page 3 6955858 3. Where the infrastructure work is not carried out on the street abutting the shortest lot boundary and such infrastructure work has not been completed within the last 15 years on that street, 100% of the length in metres of the lot boundary abutting the infrastructure work. For irregularly-shaped lots: 1. The frontage shall be determined by the Approving Officer on the basis of the horizontal dimensions of the lot, so as to establish a fair and equitable distribution of the cost of the infrastructure work among the benefiting lots. IMPROVEMENT PROJECT means construction or reconstruction of infrastructure works. INFRASTRUCTURE WORK means any highway, roadway, laneway and including, but not limited to, associated sanitary, water, drainage, dikes, curbs, sidewalks, boulevards, boulevard landscaping, street identification signs, street lighting, traffic control devices, electrical and telecommunications ducting works. INTEREST RATE means, in respect of each Schedule hereto, the rate specified in Item 8 of each Schedule of this bylaw, calculated as the Prime Rate as of the completion date for the applicable improvement project (as specified in Item 3 of each Schedule), plus three percent (3%) per annum. IRREGULARLY-SHAPED LOT means any lot which is not rectangularly-shaped. PRIME RATE means the rate of interest equal to the floating interest rate established from time to time by the Scotiabank, 6300 No. 3 Road, Richmond, British Columbia, as the base rate that will be used to determine rates of interest charged by it for Canadian dollar loans to customers in Canada and designated by the Scotiabank as its prime rate. REGULARLY-SHAPED LOT means any lot abutting not more than one street, being generally rectangular in shape. Bylaw No. 8752 Page 4 6955858 12. This Bylaw may be cited as "Works and Services Cost Recovery Bylaw No. 8752". FIRST READING SECOND READING THIRD READING ADOPTED MAYOR CORPORATE OFFICER CITY OF RICHMOND APPROVED for content by originating Division APPROVED for legality by Solicitor Bylaw No. 8752 Page 5 6955858 SCHEDULE 1 to BYLAW NO. 8752 1. NAME OF IMPROVEMENT PROJECT: No. 1 Rd lane (between Francis Rd. & Williams Rd) - CR40289 2. CERTIFIED COST OF PROJECT: $ 1,068,005.96 3. COMPLETION DATE OF PROJECT: September 19th, 2007 4. COST PREPAID UNDER WORKS AND SERVICES BYLAW: $ 393,929.66 5. NET COST FOR RECOVERY UNDER BYLAW No. 8752: $ 201,126.70 6. TOTAL FRONTAGE OF BENEFITING LAND IN METRES: 726.91 7. COST FOR RECOVERY PER METRE OF FRONTAGE: $ 838.00 8. INTEREST RATE: 9.25% 9. BENEFITING LAND AND FRONTAGE IN METRES: LEGAL DESCRIPTION OF PARCEL FRONTAGE OF BENEFITTING LAND ON PROJECT (m) COST FOR RECOVERY Lot: 27 SEC: 27-4-7 PL; 18367 20.126 $16,865.59 Lot: 1 SEC: 27-4-7 PL: BCP3505 10.060 $8,430.28 Lot: 1 SEC: 27-4-7 PL: BCP3505 10.060 $8,430.28 Lot: 12 SEC: 27-4-7 PL: 19282 20.117 $16,858.05 Lot: 11 SEC: 27-4-7 PL: 19282 20.117 $16,858.05 Lot: 8 SEC: 27-4-7 PL: 19428 20.117 $16,858.05 Lot: 3 SEC: 27-4-7 PL: 19428 20.117 $16,858.05 Lot: 2 SEC: 27-4-7 PL: 19428 20.117 $16,858.05 Lot: 1 SEC: 27-4-7 PL: 19428 20.117 $16,858.05 Lot: 22 SEC: 27-4-7 PL: 19428 20.117 $16,858.05 Lot: 1 SEC: 27-4-7 PL: LMP38234 16.725 $14,015.55 Lot: 2 SEC: 27-4-7 PL: LMP38234 17.691 $14,825.06 Lot: 3 SEC: 27-4-7 PL: LMP38234 24.527 $20,553.63 Bylaw No. 8752 Page 6 6955858 SCHEDULE 2 to BYLAW NO. 8752 1. NAME OF IMPROVEMENT PROJECT: Williams Rd lane (between No. 4 Rd. & Shell Rd) - CR41284 2. CERTIFIED COST OF PROJECT: $ 1,042,399.13 3. COMPLETION DATE OF PROJECT: October 20th, 2010 4. COST PREPAID UNDER WORKS AND SERVICES BYLAW: $ 344,571.94 5. NET COST FOR RECOVERY UNDER BYLAW No. 8752: $ 265,212.75 6. TOTAL FRONTAGE OF BENEFITING LAND IN METRES: 745.86 7. COST FOR RECOVERY PER METRE OF FRONTAGE: $ 838.00 8. INTEREST RATE: 6.00% 9. BENEFITING LAND AND FRONTAGE IN METRES: LEGAL DESCRIPTION OF PARCEL FRONTAGE OF BENEFITTING LAND ON PROJECT (m) COST FOR RECOVERY Lot: 3 SEC: 26-4-6 PL: 15456 6.10 $5,108.45 Lot: 4 SEC: 26-4-6 PL: 18549 31.22 $26,158.17 Lot: 7 SEC: 26-4-6 PL: 18549 20.12 $16,858.05 Lot: 10 SEC: 26-4-6 PL: 18549 20.12 $16,858.05 Lot: 11 SEC: 26-4-6 PL: 18549 20.12 $16,858.05 Lot: 13 SEC: 26-4-6 PL: 18549 20.12 $16,858.05 Lot: 17 SEC: 26-4-6 PL: 18549 20.12 $16,858.05 Lot: 1 BCP: 18548 22.25 $18,645.50 Lot: 25 SEC: 26-4-6 PL: 18548 20.12 $16,858.05 Lot: 24 SEC: 26-4-6 PL: 18548 20.12 $16,858.05 Lot: 23 BCP3637 20.12 $16,858.05 Lot: 22 SEC: 26-4-6 PL: 18548 20.12 $16,858.05 Lot: 19 SEC: 26-4-6 PL: 18548 21.64 $18,135.16 Lot: 1 BCP67429 6.07 $5,085.82 Lot: 17 SEC: 26-4-6 PL: 18548 23.17 $19,412.27 Lot: 16 24.99 $20,944.97 Bylaw No. 8752 Page 7 6955858 SCHEDULE 3 to BYLAW NO. 8752 1. NAME OF IMPROVEMENT PROJECT: Laneway Upgrade South of Williams Road between Aragon Road and Shell Road - CR41271 2. CERTIFIED COST OF PROJECT: $ 725,615.00 3. COMPLETION DATE OF PROJECT: November 5th, 2012 4. COST PREPAID UNDER WORKS AND SERVICES BYLAW: $ 205,360.93 5. NET COST FOR RECOVERY UNDER BYLAW No. 8752: $ 386,152.26 6. TOTAL FRONTAGE OF BENEFITING LAND IN METRES: 621.21 7. COST FOR RECOVERY PER METRE OF FRONTAGE: $ 1,168.07 8. INTEREST RATE: 6.00% 9. BENEFITING LAND AND FRONTAGE IN METRES: LEGAL DESCRIPTION OF PARCEL FRONTAGE OF BENEFITTING LAND ON PROJECT (m) COST FOR RECOVERY Lot: 42 Sec:36-4-6 PL:28788 18.29 $21,364.00 Lot: 47 Sec:36-4-6 PL:28788 20.12 $23,501.57 Lot: 48 Sec:36-4-6 PL:28788 20.12 $23,501.57 Lot: 49 Sec:36-4-6 PL:28788 18.29 $21,364.00 Lot: 50 Sec:36-4-6 PL:28788 18.29 $21,364.00 Lot: 51 Sec:36-4-6 PL:28788 18.29 $21,364.00 Lot: 52 Sec:36-4-6 PL:28788 18.29 $21,364.00 Lot: 54 Sec:36-4-6 PL:28788 18.29 $21,364.00 Lot: 55 Sec:36-4-6 PL:28788 21.83 $25,498.97 Lot: 295 Sec:36-4-6 PL:35779 19.52 $22,800.73 Lot: 296 Sec:36-4-6 PL:35779 24.85 $29,026.54 Lot: 17 Sec:35-4-6 PL:18551 24.08 $28,127.13 Lot: 18 Sec:35-4-6 PL:18551 24.44 $28,547.63 Lot: 19 Sec:35-4-6 PL:18551 24.44 $28,547.63 Lot: 22 Sec:35-4-6 PL:18551 20.42 $23,851.99 Lot: 27 Sec:35-4-6 PL:18551 21.03 $24,564.51 Bylaw No. 8752 Page 8 6955858 SCHEDULE 4 to BYLAW NO. 8752 1. NAME OF IMPROVEMENT PROJECT: 10000 Block Williams Road Laneway (South of Williams Road) - CD40385 2. CERTIFIED COST OF PROJECT: $ 424,470.00 3. COMPLETION DATE OF PROJECT: September 19th 2012 4. COST PREPAID UNDER WORKS AND SERVICES BYLAW: $ 132,229.72 5. NET COST FOR RECOVERY UNDER BYLAW No. 8752: $ 105,238.15 6. TOTAL FRONTAGE OF BENEFITING LAND IN METRES: 329.45 7. COST FOR RECOVERY PER METRE OF FRONTAGE: $ 1,288.42 8. INTEREST RATE: 6.00% 9. BENEFITING LAND AND FRONTAGE IN METRES: LEGAL DESCRIPTION OF PARCEL FRONTAGE OF BENEFITTING LAND ON PROJECT (m) COST FOR RECOVERY Lot: 28 Sec:35-4-6 PL:18549 20.42 $26,309.54 Lot: 26 Sec:35-4-6 PL:18549 20.42 $26,309.54 Lot: 25 Sec:35-4-6 PL:18549 20.42 $26,309.54 Lot: 19 Sec:35-4-6 PL:18549 20.42 $26,309.54 Bylaw No. 8752 Page 9 6955858 SCHEDULE 5 to BYLAW NO. 8752 1. NAME OF IMPROVEMENT PROJECT: Seaton Road Laneway Upgrade (Laneway south of Seaton Road) - CD40396 2. CERTIFIED COST OF PROJECT: $ 568,560.00 3. COMPLETION DATE OF PROJECT: October 15th, 2012 4. COST PREPAID UNDER WORKS AND SERVICES BYLAW: $ 209,284.67 5. NET COST FOR RECOVERY UNDER BYLAW No. 8752: $ 118,024.50 6. TOTAL FRONTAGE OF BENEFITING LAND IN METRES: 649.18 7. COST FOR RECOVERY PER METRE OF FRONTAGE: $ 875.81 8. INTEREST RATE: 6.00% 9. BENEFITING LAND AND FRONTAGE IN METRES: LEGAL DESCRIPTION OF PARCEL FRONTAGE OF BENEFITTING LAND ON PROJECT (m) COST FOR RECOVERY Lot: 1 Sec: 25-4-6 PL:18935 38.64 $33,841.30 Lot: 14 Sec: 25-4-6 PL:18935 20.15 $17,647.57 Lot: 10 Sec: 25-4-6 PL:18935 20.15 $17,647.57 Lot: 8 Sec: 25-4-6 PL:18935 20.15 $17,647.57 Lot: 345 Sec: 25-4-6 PL:44475 35.67 $31,240.14 Bylaw No. 8752 Page 10 6955858 SCHEDULE 6 to BYLAW NO. 8752 1. NAME OF IMPROVEMENT PROJECT: 11000 Block Williams Road (From 11020 to Seacote) - CD41318 2. CERTIFIED COST OF PROJECT: $ 238,697.00 3. COMPLETION DATE OF PROJECT: April 15th, 2015 4. COST PREPAID UNDER WORKS AND SERVICES BYLAW: $ 33,721.14 5. NET COST FOR RECOVERY UNDER BYLAW No. 8752: $ 175,467.67 6. TOTAL FRONTAGE OF BENEFITING LAND IN METRES: 151.91 7. COST FOR RECOVERY PER METRE OF FRONTAGE: $ 1,571.31 8. INTEREST RATE: 5.85% 9. BENEFITING LAND AND FRONTAGE IN METRES: LEGAL DESCRIPTION OF PARCEL FRONTAGE OF BENEFITTING LAND ON PROJECT (m) COST FOR RECOVERY Lot: 31 Sec: 36-4-6 PL:25887 24.69 $38,795.53 Lot: 33 Sec: 36-4-6 PL:25887 20.12 $31,614.66 Lot: 34 Sec: 36-4-6 PL:25887 20.12 $31,614.66 Lot: 35 Sec: 36-4-6 PL:25887 20.12 $31,614.66 Lot: 12 Sec: 36-4-6 PL:23314 26.62 $41,828.15 Bylaw No. 8752 Page 11 6955858 SCHEDULE 7 to BYLAW NO. 8752 1. NAME OF IMPROVEMENT PROJECT: Laneway Drainage and Asphalt Upgrade - Seabrook Crescent (East) - CD00003 2. CERTIFIED COST OF PROJECT: $335,210.48 3. COMPLETION DATE OF PROJECT: July 25, 2015 4. COST PREPAID UNDER WORKS AND SERVICES BYLAW: $38,774.80 5. NET COST FOR RECOVERY UNDER BYLAW No. 8752: $93,224.99 6. TOTAL FRONTAGE OF BENEFITING LAND IN METRES: 503.79 7. COST FOR RECOVERY PER METRE OF FRONTAGE: $665.37 8. INTEREST RATE: 5.70% 9. BENEFITING LAND AND FRONTAGE IN METRES: LEGAL DESCRIPTION OF PARCEL FRONTAGE OF BENEFITTING LAND ON PROJECT (m) COST FOR RECOVERY LOT B SEC 36 BLK 4N RG 6W PL NWS424 31.78 $21,145.46 LOT 5 SEC 36 BLK 4N RG 6W PL NWP10636 Except Plan 25649, 53892 22.58 $15,024.05 LOT 17 SEC 36 BLK 4N RG 6W PL NWP25649 Except Plan 53892 20.09 $13,367.28 LOT 6 SEC 36 BLK 4N RG 6W PL NWP10636 Except Plan 25649, 53872 20.81 $13,846.35 LOT 222 SEC 36 BLK 4N RG 6W PL NWP32915 18.83 $12,528.92 LOT 292 SEC 36 BLK 4N RG 6W PL NWP35777 26.02 $17,312.93 Bylaw No. 8752 Page 12 6955858 SCHEDULE 8 to BYLAW NO. 8752 1. NAME OF IMPROVEMENT PROJECT: Marrington Area Water, Sanitary and Drainage Upgrade - CW41402 2. CERTIFIED COST OF PROJECT: $1,666,361.54 3. COMPLETION DATE OF PROJECT: May 31, 2017 4. COST PREPAID UNDER WORKS AND SERVICES BYLAW: $516,485.84 5. NET COST FOR RECOVERY UNDER BYLAW No. 8752: $278,995.38 6. TOTAL FRONTAGE OF BENEFITING LAND IN METRES: 1,444.80 m 7. COST FOR RECOVERY PER METRE OF FRONTAGE: $1,153.35 8. INTEREST RATE: 5.70% 9. BENEFITING LAND AND FRONTAGE IN METRES: LEGAL DESCRIPTION OF PARCEL FRONTAGE OF BENEFITTING LAND ON PROJECT (m) COST FOR RECOVERY LOT 58 SEC 15 BLK 4N RG 7W PL NWP15447 23.77 $27,415.15 LOT 56 SEC 15 BLK 4N RG 7W PL NWP15447 23.77 $27,415.15 LOT 55 SEC 15 BLK 4N RG 7W PL NWP15447 23.70 $27,334.39 LOT 54 SEC 15 BLK 4N RG 7W PL NWP15447 24.38 $28,118.67 (LOT 1 and LOT 2) SEC 15 BLK 4N RG 7W PL NWS937 24.38 $28,118.67 (LOT 1 and LOT 2) SEC 15 BLK 4N RG 7W PL NWS721 24.38 $28,118.67 (LOT 1 and LOT 2) SEC 15 BLK 4N RG 7W PL NWS1463 24.38 $28,118.67 LOT 36 SEC 15 BLK 4N RG 7W PL NWP15447 24.38 $28,118.67 LOT 46 SEC 15 BLK 4N RG 7W PL NWP15447 24.38 $28,118.67 LOT 49 SEC 15 BLK 4N RG 7W PL NWP15447 24.38 $28,118.67