Development Cost Charges Bylaw No. 3121, 2024 — full text, Squamish, British Columbia

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DISTRICT OF SQUAMISH BYLAW NO. 3121, 2024 A BYLAW TO IMPOSE DEVELOPMENT COST CHARGES WHEREAS pursuant to the Local Government Act, the Council of the District of Squamish may, by bylaw, impose development cost charges: AND WHEREAS development cost charges may be imposed for the purpose of providing funds to assist the municipality in paying the capital costs of providing, constructing, altering, or expanding sewage, water, drainage, fire protection, police, highway and solid waste and recycling facilities, other than off-street parking facilities, and providing and improving park land to service directly or indirectly, the development for which the charges are imposed; AND WHEREAS the Council of the District of Squamish has deemed the charges imposed by this bylaw: a) are not excessive in relation to the capital cost of prevailing standards of service in the municipality; b) will not deter development in the municipality; c) will not discourage the construction of reasonably priced housing or the provision of reasonably priced serviced land in the municipality; and d) will not discourage development designed to result in a low environmental impact in the municipality; AND WHEREAS Council has considered the charges imposed by this bylaw in relation to future land use patterns and development, the phasing of works and services and the provision of park land described in the Official Community Plan, and how development designed to result in a low environmental impact may affect the capital costs of sanitary sewer, drainage, and roads, and providing and improving park land; AND WHEREAS in the opinion of the Council, the charges imposed by this bylaw are related to capital costs attributable to projects included in the municipality's financial plan and long-term capital plans, and to capital projects consistent with the Official Community Plan. | PAGE B-1 | | NOW THEREFORE, the Council of the District of Squamish, in open meeting assembled, enacts as follows: PART 1 - GENERAL ADMINISTRATION 1.1. This bylaw may be cited as "District of Squamish Development Cost Charges Bylaw No. 3121, 2024". 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 District of Squamish. 2.2 For the purposes of this bylaw, the words or phrases that are not included in this section shall have the meaning assigned to them in the District of Squamish Zoning Bylaw No. 2200, 2011, as amended or replaced from time to time. 2.3 In this bylaw: a) "Apartment" means a building used for residential purposes and consisting of three or more Dwelling Units but excludes a Townhouse. b) "Building Permit" means any permit required under the District of Squamish | Building Bylaw No. 1822, 2004, as amended, or repealed and replaced from time to time. c) "Commercial" means a commercial development in a commercial zone listed in the zoning bylaw or a similar development in another zone permitted in accordance with the zoning bylaw, in which the predominant use, as determined by its purpose and list of permitted uses, is of a commercial nature. d) "Completed" means, in the case of a subdivision, an application for which the servicing agreement is completed and signed, appropriate zoning is in place, all applicable fees and levies are paid, al conditions of approval are fulfilled, and the final plan of subdivision is ready for approval by the approving officer. e) "Construction" includes building, erection, installation, repair, alteration, addition, enlargement, moving, locating, relocating, reconstruction, demolition, removal, excavation, or shoring. f) "Development" means the construction, alteration, or extension of buildings and/or structures for any use authorized by the zoning bylaw that requires the issuance of a building permit but does not include internal alterations of a PAGE B-2 building and/or structure where the principal use of the building and/or structure, or part thereof, is not changing. g) "District" means the District of Squamish local government. h) "Dwelling Unit" means a self-contained set of rooms, including provisions for living, sleeping, cooking and sanitation; containing not more than one kitchen, with a direct entrance to the open air or to a common hallway or corridor, without passing through any other dwelling unit; includes suites and mobile homes, and modular homes or prefabricated dwellings. i) "Effective Date" means the date on which this bylaw comes into force, which is established as the date of bylaw adoption. j) "For-Profit Affordable Housing" means Dwelling units in a development comprised of residential use or a mixed use that will be available at rental rates and purchase prices below market rates and prices, to those of low and moderate incomes, that is subject to a Housing Agreement between the District and a landowner, pursuant to the Loca/ Government Act, that has some form of occupancy restrictions, and or the rent or price charged to the occupant for the unit, and as more clearly detailed in an affordable housing policy or bylaw approved by Council. k) "Gross Floor Area" or "GFA" shall have the same meaning as that contained in the zoning bylaw. |) "High Density Residential" means a residential building which contains multiple dwelling units accessible via a common hallway or corridor and shared entrance facilities, includes apartment buildings. m) "Industrial" means an industrial development in a zone listed in the zoning bylaw, or similar development in another zone permitted in accordance with the zoning bylaw, in which the predominant use, as determined by its general purpose and list of permitted uses, is of an industrial nature. n) "Institutional" means an institutional development in a public or institutional zone listed in the zoning bylaw or a similar development in another zone permitted in accordance with the zoning bylaw, in which the predominant use, as determined by its purpose and list of permitted uses, is of an institutional nature. 0) "In-Stream" means, in reference to an application not determined, rejected or withdrawn and: i. In the case of application for subdivision, one for which the application form has been submitted, the application fees have been paid, and all supporting documentation required by the District of Squamish has been PAGE B-3 | submitted and accepted by the District of Squamish as a legitimate application; ii. In the case of an application for building permit, one for which the application form has been submitted, the application fees have been paid, and all supporting documentation required by the District of Squamish including without limitation all applicable architectural, structural, plumbing, electrical, mechanical and site drainage drawings has been submitted and accepted by the District of Squamish as a legitimate application; iii. In the case of a rezoning application, one for which the application form has been submitted, the application fees have been paid, and all supporting documentation required by the District of Squamish has been accepted by the District of Squamish as a legitimate application; and iv, In the case of an application for development permit, one for which the application form has been submitted, the application fees have been paid, and all supporting documentation required by the District of Squamish has been submitted and accepted by the District of Squamish as a legitimate application. p) "Issuable" means, in the case of a building permit, an application which meets the requirements of an In-Stream application and for which: i. Council has approved any applicable rezoning and/or development permits and/or development variance permit; ii. All required off-site legal encumbrances relating to engineering services have been registered at the Land Title Office on title to the lot; iii. Any plan, including a plan of subdivision, consolidation, or road dedication, that would affect the legal description of the lot has been registered at the Land Title Office on title to the lot: iv. All review comments arising from the building permit application review process have been addressed to the satisfaction of the District of Squamish; and Vv. All applicable fees and levies have been paid; q) "Lot" means any lot, parcel, block or other area in which land is held or into which it is legally subdivided, and for certainty, includes a bare land strata lot under the Strata Property Act. r) "Medium Density Residential" means residential development which includes attached dwellings and manufactured homes. PAGE B-4 s) "Not-For-Profit Rental Housing" means those Dwelling Units in a development comprised of a residential use or a mixed use that are or will be: i. operated as rental housing for tenants who meet eligibility criteria related to income, number of occupants, health or similar criteria; ii. owned, leased or otherwise held by a Public Housing Body. t) "Parcel" means any lot, block or other area in which land is held or into which it is subdivided but does not include a highway. u) "Precursor Application" means, in relation to a building permit, that there is an: i. In-Stream development permit application and that the development authorized by the building permit is entirely within the are of land that is the subject of the application; or ii. In-Stream rezoning application and that the development authorized by the building permit is entirely within the area of land to which the application relates. v) "Single Detached Residential" means a building that contains one dwelling unit for residential use and is separate on all sides from any other structure. Where specially permitted in the zoning bylaw, a single-detached dwelling may contain one additional dwelling unit in the form of a secondary suite for residential use. w) Small Lot" means a Lot that is less than 690m2 in area, on which there is permitted to be not more than one Single Detached Dwelling, and on which there may also be permitted not more than one Secondary Suite. x) "Structure" means any construction fixed to, supported by or sunk into land or water, excluding asphalt or concrete paving or similar surfacing of a parcel. y) "Subdivision" means a subdivision as defined in the Land Title Act or Strata Property Act. z) "Townhouse" means a Building used for residential purposes and consisting of two or more individual Dwelling Units having all or a portion of a wall common to an adjacent Dwelling Unit, where access to each Dwelling Unit is from the exterior of the Building and from the finished grade of the Lot, and for certainty such a Dwelling unit does not include a Secondary Suite. aa) "Zone" means the zones identified and defined in the District of Squamish Zoning Bylaw No. 2200, 2011. bb) "Zoning Bylaw" means the District of Squamish Zoning Bylaw No. 2200, 2011, as amended, or repealed and replaced from time to time. PAGE B-5 | | PART 3 - DEVELOPMENT COST CHARGES 3.1 The Development Cost Charges set out in Schedules "A', attached hereto and forming part of this bylaw, are hereby imposed on every person who obtains: (a) approval of a subdivision of land under the Land Title Act or the Strata Property Act, that creates two or more parcels on which the zoning bylaw permits the construction of a single detached residential dwelling; (b) approval of a building permit authorizing the construction of a single detached residential dwelling unit on an existing parcel; or (c) approval of a building permit authorizing the construction, alteration or extension of a medium density residential, high density residential, commercial, industrial, or institutional building or structure; and the development cost charge shall be paid prior to approval of a subdivision or issuance of a building permit, as the case may be. 3.2 For certainty, this bylaw imposes charges in respect of building permits authorizing the construction, alteration or extension of buildings that will, after the construction, alteration or extension, contain fewer than four self-contained dwelling units and be put to no other use than residential use in those dwelling units. 3.3 For certainty, if a single detached residential unit is replaced by another single detached residential unit then no additional development cost charge is payable. If a lot is subdivided into two, for example, to construct two small lot single detached residential units, then development cost charges are payable on the one additional single detached residential lot. If a multi-family residential development is replaced by another multi-family residential development with the same unit mix and number of units, then no additional development cost charges are payable. If a multi-family residential development is replaced by another multi-family residential development with an increased number of units, then development cost charges are payable only on the additional units. esta ea cee el a ---- I PAGE B-6 PART 4 - EXEMPTIONS 4.1 Despite any other provision of this bylaw, a development cost charge is not payable if any of the following applies in relation to a development authorized by a building permit: (a) the 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 224(2)(f) of the Community Charter, (b) the permit authorizes the construction, alteration, or extension of self-contained dwelling units in a building, the area of each self-contained dwelling unit is no larger than 29m?, and each dwelling unit will be put to no other use than residential use; (c) the value of the work authorized by the building permit does not exceed $50,000; (d) a development cost charge has previously been paid for the development unless, as a result of further development, new capital cost burdens will be imposed on the municipality; (e) not-for-profit rental housing subject to a housing agreement under section 483 of the Local Government Act, or (f} for-profit affordable rental housing subject to a housing agreement under section 483 of the Local Government Act. PART 5 - CALCULATION OF APPLICABLE CHARGES 9.1. The amount of development cost charges payable in relation to a particular development shall be calculated using the applicable charges set out in Schedule "A' of this bylaw. 5.2 Where a type of development is not specifically identified in Schedule "A" the amount of development cost charges to be paid to the District shall be equal to the development cost charges that are payable for type of development that in the SS ee eee PAGE B-7 opinion of General Manager of Community Planning and Infrastructure imposes the most similar cost burden on the District's transportation, sewer, water, drainage and park services. 5.3. The amount of development cost charges payable in relation to mixed-use type of development shall be calculated separately for each portion of the development, in accordance with Schedule "A", which are included in the building permit application and shall be the sum of the charges payable for each type. | 5.4 The charges in this bylaw shall be increased annually on January 1 of each year beginning January 1, 2027 in accordance with the Consumer Price Index for British Columbia in accordance with B.C. Reg 117/2018. The index shall be calculated based on the year-over-year change. PART 6 - EFFECTIVE DATE 6.1. This bylaw shall come into force and effect on the date of adoption. PART 7 --- MINOR AMENDMENTS 7.1 The District will undertake a minor amendment to the bylaw on an annual basis, beginning one year after the adoption of the development cost charge bylaw. . Development charges imposed pursuant to this bylaw shall be adjusted annually through an amendment, in accordance with the annual percentage change in the All-items Consumer Price Index for British Columbia as public by Statistics Canada for the previous calendar year. PART 8 -- SEVERABILITY 8.1 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. \ PART 9 -- REPEAL AND TRANSITIONAL PROVISIONS 9.1 District of Squamish Development Cost Charge Bylaw No. 2911, 2022, and all amendments, is hereby repealed except in the case of: PAGE B-8 a) applications for subdivisions of lots that are In-Stream on the Effective Date and which are Completed within one year of the Effective Date; b) building permits that are In-Stream on the Effective Date and which are Issuable within one year of the Effective Date; and Cc) building permits on lots with a Precursor Application In-Stream on the Effective Date and where the related building permit is Issuable within one year of the Effective Date. In which case District of Squamish Development Cost Charge Bylaw No. 2911, 2022, and all amendments thereto, shall apply. District of Squamish Development Cost Charge Bylaw No. 2911, 2022, and all amendments thereto, shall be wholly repealed one year from the Effective Date. READ A FIRST, SECOND AND THIRD TIME this 21 day of October, 2025. APPROVED BY THE INSPECTOR OF MUNICIPALITIES this 15 day of December, 2025. ADOPTED this 17 day of February, 2026. Armand 2 Mayor - = | Melissa von Bloedau, Corporate Officer PAGE B-9 PAGE B-10 SCHEDULE "A" ATTACHED TO DISTRICT OF SQUAMISH DEVELOPMENT COST CHARGES BYLAW NO. 3121, 2024 Devel t Solid Waste and ane Transportation Drainage Sewer Parks Recycling Total Facilities LO lear tual Residential aa 9 $21,523 $2,509 $3,677 $1,163 $5,497 $2,698 $37,066 (Single Detached) Low Density ; Per dwell Residential ay iit | $16,816 $1,153 $2,873 $909 $4,295 $2,108 pssst Smail Lot Medium Density Per dwellin Residential unit 9 $13,912 $1,040 $2,377 $752 $3,553 $1,744 $23,377 (Townhouse) High Density ? P Residential i =n $11,649 $475 $1,990 $630 $2,975 $1,460 $19,178 (Apartment) Per square Commercial metre of gross $173.77 $6.55 $9.94 $3.15 $20.93 floor area Per square Institutional metre of gross $93.09 $7.68 $7.95 $2.52 $11.21 $122.46 floor area Per square Industrial metre of gross $54.30 $12.20 $11.93 $3.77 $6.54 $88.75 floor area eee PAGE B-11