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DEVELOPMENT COST CHARGE REDUCTION BYLAW, 2020, NO. 9607
*CONSOLIDATED FOR CONVENIENCE AND REFERENCE PURPOSES ONLY*
This consolidated version is not a legal document. For official purposes please refer to the
original bylaw and amending bylaw documents.
Includes Bylaw Amendment No's. 9978 AND 10241
THE CORPORATION OF THE DISTRICT OF SAANICH
BYLAW NO. 9607
A BYLAW TO PROVIDE FOR A REDUCTION OF DEVELOPMENT COST CHARGES
FOR AFFORDABLE HOUSING
The Municipal Council of The Corporation of the District of Saanich in open meeting assembled
hereby enacts as follows:
1.0 Title
This bylaw may be cited for all purposes as the "DEVELOPMENT COST CHARGE REDUCTION
BYLAW, 2020, NO. 9607".
2.0 Definitions
2.1 For the purpose of this bylaw, the definitions of words and phrases that are not included in
this section shall have the meaning assigned to them in the Local Government Act or the
Community Charter, as the case may be.
2.2 In this bylaw:
a. "applicant" means the owner of a development eligible for a development cost charge
reduction under this bylaw;
b. "application" means an application for a development cost charge reduction in the form
established by the Director of Engineering from time to time';
c. "building" means a building or structure for which a building permit is required under the
Building Bylaw;
d. "Building Bylaw" means Building Bylaw, 2019, No. 9529, as amended or replaced from
time to time;
e. "building permit" means a permit issued by the District that authorizes the construction or
alteration of a building in accordance with the Building Bylaw;
f. "CMHC" means the Canada Mortgage and Housing Corporation or any successor
organization;
g. "development" means the improvement of land pursuant to a building permit;
h. "development cost charge" means a development cost charge payable for a development
under the Development Cost Charge Bylaw;
i.
"Development Cost Charge Bylaw" means Development Cost Charge Bylaw, 2019, No.
9553, as amended or replaced from time to time;
j.
"development cost charge reduction" means a development cost charge reduction
specified under section 4.2 of this bylaw;
k. "Director of Engineering" means the Director of Engineering employed by the District;
l.
"District" means The Corporation of the District of Saanich;
m. "eligible development" means a development specified in section 4.1 of this bylaw;
n. "housing agreement" means a housing agreement pursuant to Section 483 of the Local
Government Act; in favour of the District;
o. "occupancy permit" means permission or authorization in writing issued by the District to
occupy a building for its intended purpose in accordance with the building bylaw;
p. "prime interest rate" means the rate of interest equal to the floating interest rate established
from time to time by the National Bank of Canada 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 National Bank of Canada as its prime rate;
q. "triggering date" means the date of issuance of a building permit that triggers the
requirement to pay development cost charges.
3.0 Application
3.1 Development cost charge reductions shall only apply to those development cost charges
applicable in all areas of the District, being those specified in Schedule "A" attached to the
Development Cost Charge Bylaw.
3.2 Development cost charge reductions shall not apply to area-specific development cost
charges, being those specified in Schedule "B" (Cordova Bay Roads) and Schedule "C" (Parks
Quadrant) attached to the Development Cost Charge Bylaw.
4.0 Development Cost Charge Reduction for Eligible Developments
4.1 For purposes of this bylaw, an "eligible development" is any one of the following classes of
development:
a. A not-for-profit rental housing development, including an assisted living development,
owned by a public authority or a not-for-profit society incorporated under the Societies Act,
subject to a housing agreement that:
i. Limits the form of tenure of the housing units to rental tenure for a term of not
less than 20 years from the date an occupancy permit is granted; and
ii. Requires the housing units to be rented:
a. For a monthly rate that is less than the current median market rent levels
published by CMHC from time to time; or
b. In accordance with an executed agreement with BC Housing or CMHC.
b. An affordable rental housing development subject to a housing agreement that:
i. limits the form of tenure of the housing units to rental tenure for a term of not less
than 20 years from the date an occupancy permit is granted; and
ii. requires the housing units to be rented for a monthly rate that is a minimum of
10% less than the current median market rent levels published by CMHC from
time to time.
4.2 Subject to sections 3.1 and 3.2, the total development cost charges payable for a development
are hereby reduced by:
a. 100% for an eligible development described in section 4.1(a); and
b. 25% for an eligible development described in section 4.1(b).
4.3 In any case where part of a development constitutes an eligible development, and part does
not, the development cost charge reduction shall only apply to the part of the development
that constitutes an eligible development.
4.4 In no case shall the development cost charge reductions provided in subsections 4.2(a) and
(b) be combined.
5.0 Procedure for Grant of Development Cost Charge Reduction
5.1 A development cost charge reduction for an eligible development under Section 4.1 shall be
granted in accordance with the following procedure:
a. in order to be eligible for a development cost charge reduction, an applicant must submit
a complete application to the District on or before the triggering date;
b. where the application for a development cost charge reduction is approved, the
development cost charge reduction will be applied at the time of the building permit
issuance;
c. for the avoidance of doubt, if a development does not constitute an eligible development,
as defined in Section 4.1, at the time that an occupancy permit is issued for the
development, then the entitlement to a development cost charge reduction is forfeited
absolutely and the development cost charges are payable immediately in accordance with
Section 6.1.
6.0 Repayment
6.1 If, at any time during the term of the applicable housing agreement a development, or any
portion of a development, for which a development cost charge reduction has been granted
under this bylaw ceases to qualify as an eligible development due to:
a. non-compliance with the requirements of section 4.1; or
b. non-compliance with the provisions of the applicable housing agreement;
then the full amount of development cost charges that would have been payable on the
triggering date, had the development cost charge reduction not been granted, plus interest at
the prime interest rate plus 2% per year calculated monthly since the triggering date,
compounded annually, shall constitute a debt owing to the District and shall be due and
payable immediately.
7.0 Effective Date
This Bylaw comes into force on the date of its adoption.
Includes Bylaw Amendment No. 9978 and 10241