Sun Peaks, British Columbia
· No. 0217
· adopted 2024-10-22
· summary & facts
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SUN PEAKSMOUNTAIN RESORTMUNICIPALITY
BYLAWNO. 0217, 2024
DEVELOPMENTCOSTCHARGESFORWATER, SANITARYSEWER,
STORM DRAINAGE,HIGHWAY FACILITIESANDPARKLAND
WHEREAS
the Council may, under Section 933 of the Local Government Act, impose
developmentcost chargesunder the terms and conditions of thatsection;
AND WHEREAS development cost charges may be imposed to provide funds to assist the
Municipalityto pay the capital costs of providing, constructing,altering, or expandingsewage,
water, drainage, and highway facilities and of providing and improving parkland, in order to
service,directly or indirectly, the development for which the charges are imposed;
AND WHEREAS in establishingthe development cost charges under this bylaw, Council has
consideredthe futureland use patterns anddevelopment,the phasingof worksandservices,the
provisionof parklanddescribedin the Of?cial Community Planwithinthe SunPeaks Mountain
Resort Municipality;
AND WHEREAS the Council has also considered,and determined,that the charges imposed
under this bylaw are not excessive in relation to the capital costs of prevailing standards of
service,will not deter development,will not discourage the construction of reasonably priced
housing or the provision of reasonably priced serviced land and will not discourage
developmentdesignedto result in a low environmental impact,withinthe Sun Peaks Mountain
Resort Municipality;
AND WHEREAS the Inspector of Municipalitieshas approvedthisbylaw;
NOW THEREFORE the Municipal Council of the Sun Peaks Mountain Resort Municipality
in open meeting assembledenacts as follows:
1.
TIT
E
1.1
This bylaw may be citedfor all purposes as "DevelopmentCost Charges Bylaw No.
0217, 2024".
2.
REPEAL
2.1
This Bylawrepeals"DevelopmentCost Charges Bylaw No. 0120, 2018".
Page 1 of 7
3.
3.1
4.1
5.1
5.2
5.3
5.4
VELOP
T
R
REA
The developmentcost charges imposedby this bylaw shall apply throughout the Sun
Peaks MountainResort Municipality.
XCE
ION
Notwithstandingthe exemption under section 561(5) of the Local Government Act, a
developmentcost charge will apply in relation to a developmentauthorizedby a
buildingpermit with less than four self-containeddwellingunits.
[NTEBEREILA] [OE
Enactments
-- Any Act referred to in this bylaw is a reference to an Act of British
Columbia or Canada, as the case may be, and the applicable regulations, as amended,
revised,consolidated,or replacedfrom time to time. Any bylawreferred to in thisbylaw
is a reference to a bylaw of the Sun Peaks Mountain Resort Municipality, as amended,
revised,consolidated,or replaced from time to time.
Headings - The headingsgiven to the parts, sections and paragraphsin this bylaw are for
convenienceof reference only. They do not form part of this bylaw andwill not be used
in the interpretationof this bylaw.
Severabiligl - If any part, paragraph, or phrase in this bylaw is for any reason held to be
invalid by the decisionof a Court of competent jurisdiction,that portionshallbe severed,
andthe remainderof this bylaw shall continue inforce.
Schedules - The following schedulesattached to this bylaw form part of thisbylaw:
Schedule A
-- Development Cost
Charge Rates
DEFINIIIQES
In this bylaw:
"Bed Unit" means the ?oor
area (or equivalent) required to provide overnight
accommodation for one person. Bed units are assigned as follows:
0
Single Family Residential
6 Bed Units
0
Two Family Residential
10 Bed Units
Multiple Family Residentialdevelopments are assigned 1 Bed Unit per 25m2of
gross ?oor area.
Page 2 of 7
"Building" means any structure and portionthereof, including mechanicalrooms, which
is used or intended to be used for the purpose of supporting or sheltering any use or
occupancy.
"Commercial Use" means deve10pment
of a parcel for commercial use as described in
the Sun Peaks Zoning Bylaw or similar development that 18 of a commercialnature,
includingbut not limited to uses such as retail, restaurant, personal or professional
services.
"Dwelling Unit" means one or more rooms with a separate entrance intended
for year-round occupancy and used for the residential accommodationof only
one family when such room or rooms contain or provide for the installation of
onlyone set of cookingfacilities.
"Gross Floor Area" means the total of the horizontal areas of all ?oors in a building,
includingthe basement, measured to the outsideof the exterior walls of the building,
but not includingany ?oor area used exclusively for vehicle parking or vehicle access,
including any basement area wherethe ceiling is less than 1.5 meters abovethe?oor.
"Gross Site Area" means the whole or portionof a parcel(s) to be improvedas part of
the development authorizedby a building permit and includes all vehicular and
pedestriancirculation areas, loading,parking, storage, works, decorative and
landscaped areas appurtenant to the authorizeddevelopment.
"Industrial Use" means development of a parcel for industrial use as describedin the
Sun Peaks ZoningBylaw or similardevelopmentthat is of an industrialnature, including
but not limited to uses such as cleaning,manufacturing, repair, and storage.
"Institutional Use" means any development that is created and exists by law or public
authority for the bene?t of the public in general, and includes, but is not limited to,
public hospitals, public and private schools, and churches.
"Multiple Family Residential" means a unit in a building or buildings, containingthree
or more principal dwelling units on a parcel, including units used for tourist
accommodation, apartments,
condo-hotel, and hotel units.
"Parcel" means any lot, block, strata lot or other area in which land is held or into which
land is subdividedbut does not include any portion of a highway.
"Single Family Residential" means a residential use where the building lot is used for
one principaldwelling unit and other uses as permitted,includingan auxiliaryresidential
unit.
"Subdivision" means the division of landinto two or more parcels, whether by plan
or by metes and bounds descriptionor otherwise, and includinga plan consolidating
two or more parcels into a fewer numberof parcels.
Page 3 of 7
"Two Family Residential" means a residentialuse where the building lot is used for two
principaldwelling units and other uses as permitted, includingauxiliaryresidentialunits.
"Zone or Zoning" means the zone identi?ed in the "Sun Peaks Mountain Resort
MunicipalityZoning BylawNo. 1400,2017" as amendedor replaced.
HARGES
a)
Every person whoobtains:
i)
a building permit authorizing the construction, alteration, or extension
of a building, and;
ii)
a buildingpermit for any new ?oor area in an existingbuildingwhichhas
a construction value in excess of One Hundred Thousand Dollars
($100,000.00)
must pay to the Sun Peaks MountainResort Municipalitythe applicable
development cost charges as set out in Schedule "A" attached to and forming
part of thisbylaw.
b)
The charges will be based on the actual use of the building not the zoning
category of the property; and
i)
where there is more than one use, each use is subjectto the charge based
on the actual use and there may be more than one category applied per
building.
ii)
where a building is vacant and its future use cannot be determined,
development cost charges are payable in accordance with the zoning
category for the land upon which the building is situated.
c)
All charges must be paid in full prior to the approval of the subdivision or
building permit unless paid by way of installmentsin accordance with BC
Regulation 166/84 as amended or replaced.
I
AT
The effective date of the rates containedwithinthis bylawwill be upon adoptionof the
bylawby Council.
Page 4 of 7
READ A FIRST TIME this 7'hday of May, 2024
READ A SECOND TIME this 21Stday of May, 2024
READ A THIRD TIME this 21Stday OfMay, 2024
RESCINDED THIRD READING this 24thday of September,2024
READ A THIRD TIME this 24thday of September,2024
APPROVED
BY INSPECTOR OF MUNICIPALITIES
this 8thday of October,2024
" a Corporate Of?cer
Page 5 of 7
SCHEDULE "A"
DEVELOPMENT COST CHARGE RATES
Upon issuanceof a buildingpermit for the construction,alterationor extension of a building or
part of a building for any Single-Family, Two-Family, or Multiple-Family Residential use
the following amounts shall be paid in respect of each bed unit developed in the plan
of subdivision:
--
Upon issuanceof a buildingpermitfor the construction,alterationor extensionof a building or
part of a building for any Commercial Use, the followingcharge shall be paid for each square
meter of Gross Floor Area authorizedto be constructed,altered, or extendedby the building
permit:
---
5
Parkland
$ 1.16
5254
55557
577
Total Per Square Meter
$ 112.15
Upon issuanceof a building permit for the construction,alterationor extensionof a building or
part of a buildingfor any Industrial Use, the following charge shall be paid for each square
meter of Gross Floor Area authorizedto be constructed,altered, or extendedby the building
permit:
_--
5555
Parkland
$ 0.68
Road
$ 1.55
Sewer
$ 35.63
Water
$ 28.07
$ 65.97
Total Per Square Meter
Page 6 of 7
Upon issuance of a building permitfor the construction, alterationor extensionof a building or
part of a building for any Institutional Use, the following charge shall be paid for each square
meter of Gross Floor Area authorizedto be constructed,altered,or extendedby the building
permit:
'--
Total Per Square Meter
S 118.74
Where a proposedbuilding is to be used for more than one class of use under this bylaw, the
charge for each portionof the building used for a separate class of use shallbe calculated
separately, based upon the relevant charge under Sections 1,2, 3, 4, 5, or 6 of this Schedule,
and the total amount of those charges shallbe payableupon issuanceof a building permitfor
the construction,alterationor extension of the building.
Page 7 Of7