Development Cost Charge Bylaw No. 2026-012, 2026

Summerland, British Columbia · No. 2026-012 · adopted 2026-07-28 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 26d3b6eb26d2 · verified 2026-10-26 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

policies/district-bylaws/bylaw-2026-012-dcc-bylaw-(signed).pdf?sfvrsn=def2c7fb_0" municipality_ids: - gx-000136 content_type: "application/pdf" captured_at: "2026-10-19T15:54:40+00:00" normalize_method: "pdf-pymupdf" normalize_version: "0.2" needs_ocr: false char_count: 17765 --- DISTRICT OF SUMMERLAND BYLAW NO. 2026-012 A BYLAW TO IMPOSE DEVELOPMENT COST CHARGES WHEREAS pursuant to the Local Government Act, the Council of the District of Summerland 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 sanitary sewer, water, stormwater, and roads 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 Summerland is of the opinion that 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) wilt 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, stormwater, water, and roads facilities, 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. NOW THEREFORE, the Council of the District of Summerland, in open meeting assembled, enacts as follows: PART 1 - GENERAL ADMINISTRATION 1.1 This bylaw may be cited as "Development Cost Charge Bylaw No. 2026-012, 2026". PART 2 - DEFINITIONS AND INTERPRETATION 2.1 2.2 This bylaw applies to all applications for Subdivisions and for issuance of a building permit for Parcels located in the District of Summerland. 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, this bylaw is to be interpreted so that it is consistent with the authority set out in the Local Government Act. Any reference to a statute or regulation refers to an enactment of British Columbia as amended, revised, consolidated, or replaced from time to time, and any reference to a bylaw refers to a bylaw of the District of Summerland, as amended, revised, consolidated, or replaced from time to time. 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. In this bylaw: (a) "Building Permit" means the document authorizing the carrying out of any Development, alteration or other work in accordance with the Building Regulations Bylaw, the BC Building Code, and any other applicable statute or regulation. (b) "Carriage House" means a secondary Dwelling constructed in an Accessory Building. (c) "Commercial Use" means a commercial 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 a commercial nature. (d) "Construction" includes building, erection, installation, repair, alteration, addition, enlargement, moving, relocating, reconstruction, demolition, removal, excavation, or shoring requiring a Building Permit. (e) "Development" means any use or change in use, Construction, building, erection, installation, repair, alteration, addition, enlargement, reconstruction, demolition, removal, excavation or moving, locating, relocating, shoring to which the District's Building Bylaw applies or for which Development Permit Approval is required. (f) "Development Cost Charges" (DCC) means the applicable rates prescribed in Schedule A to this bylaw. (g) "District" means the District of Summerland. (h) "Dwelling" or "Dwelling Unit" means one or more rooms which constitute a seif- contained unit used or intended to be used for living and sleeping purposes and limited to only one kitchen or the services for the installation of a kitchen and at least one bathroom with a water closet, sink, shower, or bath. This does not include a sleeping unit, motel, hotel, or recreational vehicle. (i) "Gross Floor Area" or "GFA" means the total floor area of all storeys of all buildings or structures with a clear ceiling height of 1.8m or more, measured from the exterior walls. The Gross Floor Area maximum does not include Carriage Houses and enclosed or covered off-street parking areas up to 46 sq. m. in area, enclosed garbage or refuse areas, enclosed off-street loading spaces, floor areas devoted exclusively to mechanical or electrical equipment, basements, lofts, unenclosed balconies and decks and interior stairways. (j) "High Density Residential" includes Apartment Housing with self-contained Dwelling Units accessed through a common hallway, one or more of which are wholly or partly above another self-contained Dwelling Unit. For the purpose of calculating Development Cost Charges, High Density Residential also includes Manufactured Housing and Carriage Houses. (k) "Housing, Apartment" meansa building comprised of more than four Dwellings which have principal access from a common interior corridor, and which are not Townhouses. (l) "Housing, Duplex" means a building containing two Dwellings divided horizontally or vertically by a common party wall, and each Dwelling having a separate, but not necessarily at grade, exterior entrance. (m) "Housing, Manufactured" meansa building containing one Dwelling for occupancy by one household, built in a factory environment in one or more sections, intended to be occupied in a place other than its manufacture. All Manufactured Homes shall be constructed to either the CAN/CSA A277 (Modular Home) standard or CAN/CSA 2240 (Mobile Homes).For the purposes of this bylaw, Manufactured Housing includes both Types 1 and 2. (n) "Housing, Multi-Unit" means a building containing between two and four Dwelling Units divided horizontally or vertically by a common party wall, and each Dwelling having a separate entrance, but not necessarily at grade. (o) "Housing, Single Detached" means a principal building containing one Dwelling. A Secondary Suite can be included in Single Detached Housing where specifically defined as an accessory use. (p) "Housing, Townhouse" means a building containing more than four Dwellings where each Dwelling shares at least one party wall, and each Dwelling has a separate, but not necessarily at grade, entrance. (q) "Industrial Use" 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. (r) "Institutional Use" means an institutional 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 institutional nature. (s) "Lot" means any Parcel, block or other area in which land is held or into which it is Subdivided, but does not include a highway. (t) 'Low Density Residential" means Single Detached Housing, which may or may not include a Secondary Suite. (u) "Medium Density Residential" means Duplex, Multi-Unit, or Townhouse Housing with self-contained Dwelling Units accessible through separate entrances, which may or not be ground-oriented. (v) "Parcel" means a Lot, block or other area in which land is held or into which land is subdivided. (w) "Secondary Suite" means a self-contained Dwelling located within a Single Detached House, Duplex Housing unit, Multi-Unit Housing unit, or Townhouse unit. (x) "Subdivision" means the division of land into two or more Parcels, whether by plan, apt descriptive words or otherwise, under the Land Title Act or the Strata Property Act. (y) "Zoning Bylaw" means the District of Summerland Zoning Bylaw No. 2000-450, as amended or superseded from time to time. PART 3 - DEVELOPMENT COST CHARGES 3.1 The Development Cost Charges set out in Schedule "A" for the projects identified in Schedule "B", 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 results in two or more Parcels on which the Zoning Bylaw permits the Construction of a Low Density Residential unit(s); (b) approval of a Building Permit authorizing the Construction of Low Density Residential units(s) on an existing Parcel; or (c) approval of a Building Permit authorizing the Construction of Medium Density Residential, High Density Residential, Commercial, Industrial, or Institutional; and the Development Cost Charge shall be paid upon approval of a Subdivision or issuance of a Building Permit, as the case may be. For Medium or High Density Residential uses constructed on existing Lots: (a) The first Dwelling Unit is understood to have been paid for at a rate for the appropriate Residential use at the time of Subdivision; and, (b) For each additional Dwelling Unit authorized by Building Permit, the charge shail be applied based on the rate for the appropriate Residential use as applicable For certainty, this bylaw imposes charges in respect of Building Permits authorizing the Construction, of buildings or structures that will, after the Construction, contain fewer than four Dwelling Units and for which the Dwelling Units in the building or structure will be put to no use other than residential use. 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, exempt from taxation under section 220(1)(h) or 224(2)(f) of the Community Charter, (b) the permit authorizes the Construction Dwelling Units in a building, the area of each 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 permit does not exceed $100,000; (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; or (e) The Local Government Act or any regulations thereunder provide that no Development Cost Charge is payable. PART 5 - CALCULATION OF APPLICABLE CHARGES 5.1 5.4 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. 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 the type of Development that in the opinion of the Director of Development Services or Development of Works & Infrastructure imposes the most similar cost burden on the District's transportation, sewer, water, drainage, park, fire, and police services. 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", based on the mix of uses included in the Building Permit application and the total Development Cost Charges payable shall be the sum of the charges payable for each type. For certainty, Duplex Housing will be charged two Medium Density Residential Development Cost Charges (one per principal Dwelling Unit). 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. PART 7 - REPEAL 7.1 "Bylaw Number 2000-194, Development Cost Charges" and all anendments thereto are hereby repealed. PART 8 - EFFECTIVE DATE 8.1 This Bylaw shali come into force and effect January 1, 2027. Reada first, second, and third time the 16" day of June, 2026 Adopted by the Municipal Council of the Corporation of the District of Summerland this 28" day of July, 2026. 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