Town of Sidney Development Cost Charge and Amenity Cost Charge Waivers and Reductions Bylaw No. 2303 — full text, Sidney, British Columbia

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TOWN OF SIDNEY BYLAW NO. 2303 A BYLAW TO ESTABLISH WAIVERS AND REDUCTIONS FOR DEVELOPMENT COST CHARGES AND AMENITY COST CHARGES. ____________________________________________________________________________ WHEREAS pursuant to section 563 and section 570.6 of the Local Government Act, the Council of the Town of Sidney may, by Bylaw, waive or reduce Amenity Cost Charges and Development Cost Charges for Eligible Development; NOW THEREFORE, the Council of the Town of Sidney, in open meeting assembled, enacts as follows: PART 1 - CITATION 1.1 This Bylaw may be cited as "Town of Sidney Development Cost Charge and Amenity Cost Charge Waivers and Reductions Bylaw No. 2303." PART 2 - DEFINITIONS AND INTERPRETATION 2.1 This Bylaw applies to all applications for Subdivisions and for issuance of a Building Permit for Parcels located in the Town of Sidney. 2.2 In the event of a conflict with any term of this Bylaw with the provisions of the Local Government Act authorizing the imposition of Development Cost Charges and Amenity Cost Charges, this Bylaw is to be interpreted so that it is consistent with the authority set out in the Local Government Act. 2.3 For the purposes of this Bylaw, the words or phrases that are not defined in this section shall have the meaning assigned to them in the Zoning Bylaw. 2.4 In this Bylaw: Affordable Housing Unit: A dwelling unit that has a registered housing agreement specifying that no more than 30 per cent of the occupying household's gross income goes towards paying the housing costs for that unit. Amenity Cost Charge (ACC): Means the prescribed charges in Schedule "A" of the Town of Sidney Amenity Cost Charge Bylaw No. 2302, as amended or replaced from time to time. Building: Any Structure used or intended for supporting or sheltering any use or occupancy. Development Cost Charge (DCC): Means the prescribed charges in Schedule "A" of the Town of Sidney Development Cost Charge Bylaw No. 2301, as amended or replaced from time to time. Eligible Development: Means a Not-for-Profit Rental Housing development, including supportive living housing. Bylaw No. 2303 - DCC and ACC Waivers and Reductions 2 Lot: Means a separate and distinct parcel of land that is legally defined by a recorded Subdivision plan or description of land registered in the Provincial Land Title Office; and for clarity includes Strata lots. Not-for-Profit Rental Housing: Means a rental housing development that includes Affordable Housing Units, and which is owned or held by, and managed by, a not-for-profit organization. Subdivision: Means the division of land into two or more Lots whether by plan or descriptive words or otherwise. Zoning Bylaw: Means Town of Sidney Zoning Bylaw No. 2275, as amended or replaced from time to time. PART 3 - WAIVER OR REDUCTION OF AMENITY COST CHARGES 3.1 Subject to Section 3.2 of this Bylaw, the Town will reduce by 50% the Amenity Cost Charges for the entire development where the Lot will be used for an Eligible Development that meets all of the following criteria: (a) The land is either: (1) Owned in fee simple by the Town and held by an applicant under a lease; or, (2) The applicant has entered into a housing agreement with the Town under s. 483 of the Local Government Act, and the housing agreement has been registered against the title to the lot on which the development is located; (b) At least 30% of the units in the development are Affordable Housing Units; and, (c) The applicant has provided the Town with documentary proof, that demonstrates to the Town's satisfaction, that the development is eligible for a housing subsidy, which subsidy may be in the form of rental subsidies or capital grants from the government of British Columbia, the government of Canada, or a Public Housing Authority. 3.2 No reduction pursuant to Section 3.1 shall be granted unless the application for a reduction has been submitted to and approved by the Town as fulfilling all of the eligibility requirements and conditions for a reduction of Amenity Cost Charges as set out in this Bylaw. PART 4 - WAIVER OR REDUCTION OF DEVELOPMENT COST CHARGES 4.1 Subject to Section 4.2 of this Bylaw, the Town will reduce by 50% the Development Cost Charges for the entire development where the Lot will be used for an Eligible Development that meets all of the following criteria: (a) The land is either: (1) Owned in fee simple by the Town and held by an applicant under a lease; or, Bylaw No. 2303 - DCC and ACC Waivers and Reductions 3 (2) The applicant has entered into a housing agreement with the Town under s. 483 of the Local Government Act, and the housing agreement has been registered against the title to the lot on which the development is located; (b) At least 30% of the units in the development are Affordable Housing Units; and, (c) The applicant has provided the Town with documentary proof, that demonstrates to the Town's satisfaction, that the development is eligible for a housing subsidy, which subsidy may be in the form of rental subsidies or capital grants from the government of British Columbia, the government of Canada, or a Public Housing Authority. 4.2 No reduction pursuant to Section 4.1 shall be granted unless the application for a waiver or reduction, as applicable, has been submitted to, and approved by, the Town as fulfilling all of the eligibility requirements and conditions for a waiver or reduction, as applicable, of Development Cost Charges as set out in this Bylaw. PART 5 - EFFECTIVE DATE 5.1 This Bylaw shall come into force and effect on the date of adoption. PART 6 - SEVERABILITY 6.1 If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion must be severed, and the remainder of the Bylaw remains valid. Read a first time the 14th day of September, 2026. Read a second time the 14th day of September, 2026. Read a third time the 14th day of September, 2026. Adopted the 28th day of September, 2026. ____________________________ ____________________________ MAYOR CORPORATE OFFICER