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SUN PEAKS MOUNTAIN RESORT MUNICIPALITY
BYLAW NO. 0238, 2026
DEVELOPMENT COST CHARGES FOR WATER, SANITARY SEWER,
STORM DRAINAGE, HIGHWAY FACILITIES AND PARKLAND
WHEREAS the Council may, under Section 559 of the Local Government Act, impose
development cost charges under the terms and conditions of that section;
AND WHEREAS development cost charges may be imposed to provide funds to assist
the Municipality to pay the capital costs of providing, constructing, altering, or
expanding sewage, 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 establishing the development cost charges under this bylaw,
Council has considered the future land use patterns and development, the phasing of
works and services, the provision of park land described in the Official Community Plan
within the Sun Peaks 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 development designed to result in a low environmental impact,
within the Sun Peaks Mountain Resort Municipality;
AND WHEREAS the Inspector of Municipalities has approved this bylaw;
NOW THEREFORE the Municipal Council of the Sun Peaks Mountain Resort
Municipality in open meeting assembled enacts as follows:
1.
TITLE
1.1
This bylaw may be cited for all purposes as "Development Cost Charges
Bylaw No. 0238, 2026".
2.
REPEAL
2.1
This Bylaw repeals "Development Cost Charges Bylaw No. 0217, 2024".
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3.
DEVELOPMENT COST CHARGE AREA
3.1
The development cost charges imposed by this bylaw shall apply throughout
the Sun Peaks Mountain Resort Municipality.
4.
EXCEPTIONS
4.1
Notwithstanding the exemption under section 561(5) of the Local Government
Act, a development cost charge will apply in relation to a development
authorized by a building permit with less than four self-contained dwelling units.
5.
INTERPRETATION
5.1
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 replaced from time to time. Any bylaw
referred to in this bylaw is a reference to a bylaw of the Sun Peaks Mountain
Resort Municipality, as amended, revised, consolidated, or replaced from time
to time.
5.2
Headings - The headings given to the parts, sections and paragraphs in this
bylaw are for convenience of reference only. They do not form part of this bylaw
and will not be used in the interpretation of this bylaw.
5.3
Severability - If any part, paragraph, or phrase in this bylaw is for any reason
held to be invalid by the decision of a Court of competent jurisdiction, that portion
shall be severed, and the remainder of this bylaw shall continue in force.
5.4
Schedules - The following schedules attached to this bylaw form part of this
bylaw: Schedule A - Development Cost Charge Rates
6.
DEFINITIONS
In this bylaw:
"Bed Unit" means the floor area (or equivalent) required to provide overnight
accommodation for one person. Bed units are assigned as follows:
- Single Family Residential
6 Bed Units
- Two Family Residential
10 Bed Units
Multiple Family Residential developments are assigned 1 Bed Unit per
25m2 of gross floor area.
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"Building" means any structure and portion thereof, including mechanical
rooms, which is used or intended to be used for the purpose of supporting or
sheltering any use or occupancy.
"Commercial Use" means development of a parcel for commercial use as
described in the Sun Peaks Zoning Bylaw or similar development that is of a
commercial nature, including but 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
accommodation of only one family when such room or rooms contain or
provide for the installation of only one set of cooking facilities.
"Gross Floor Area" means as described in the Sun Peaks Zoning Bylaw
"Gross Site Area" means the whole or portion of a parcel(s) to be improved
as part of the development authorized by a building permit and includes all
vehicular and pedestrian circulation areas, loading, parking, storage, works,
decorative and landscaped areas appurtenant to the authorized development.
"Industrial Use" means development of a parcel for industrial use as
described in the Sun Peaks Zoning Bylaw or similar development that is of an
industrial nature, 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 benefit 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,
containing three 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 subdivided but does not include any portion of a highway.
"Single Family Residential" means a residential use where the building lot is
used for one principal dwelling unit and other uses as permitted, including an
auxiliary residential unit.
"Subdivision" means the division of land into two or more parcels, whether
by plan or by metes and bounds description or otherwise, and including a
plan consolidating two or more parcels into a fewer number of parcels.
"Two Family Residential" means a residential use where the building lot is used
for two principal dwelling units and other uses as permitted, including auxiliary
residential units.
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"Zone or Zoning" means the zone identified in the "Sun Peaks Mountain Resort
Municipality Zoning Bylaw No. 1400, 2025" as amended or replaced.
7.
CHARGES
a)
Every person who applies for new subdivision of land must pay to the
Sun Peaks Mountain Resort Municipality the applicable development
cost charges as set out in Schedule "A" attached to and forming part of
this bylaw, based on the allowable bed units (or equivalent) to be
constructed on the land being subdivided
b)
In the case of development in existing subdivisions, for which
development cost charges have not been paid, every person who
obtains:
i)
a building permit authorizing the construction of a new building,
where the construction value of the building is in excess of One
Hundred Thousand Dollars ($100,000.00)
must pay to the Sun Peaks Mountain Resort Municipality the applicable
development cost charges as set out in Schedule "A" attached to and
forming part of this bylaw.
c)
In the case of development, regardless of previous development cost
charge payments for a subdivision or parcel, every person who obtains:
i.
a building permit authorizing the alteration and/or extension of a
building, which has a construction value in excess of One
Hundred Thousand Dollars ($100,000.00), where;
ii.
there is an increase in the Gross Floor Area of the building, or a
change-of-use that is deemed to place additional burden on
Municipal infrastructure (e.g. Commercial Use to Residential
Use)
must pay to the Sun Peaks Mountain Resort Municipality the applicable
development cost charges as set out in Schedule "A" attached to and
forming part of this bylaw, based on the additional Gross Floor Area,
and the applicable usesages, and the difference in charge rates per this
bylaw for a change of use.
d)
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 subject to the
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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.
e)
All charges must be paid in full prior to the approval of the subdivision
or building permit as applicable, unless paid by way of installments in
accordance with BC Regulation 166/84 as amended or replaced.
8.
EFFECTIVE DATE
The effective date of the rates contained within this bylaw will be upon adoption
of the bylaw by Council.
READ A FIRST TIME this 12th day of May, 2026
READ A SECOND TIME this 9th day of June, 2026
READ A THIRD TIME
APPROVED BY INSPECTOR OF MUNICIPALITIES
ADOPTED
Mayor
Corporate Officer
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SCHEDULE "A"
DEVELOPMENT COST CHARGE RATES
1. For Single-Family, Two-Family, or Multiple-Family Residential developments,
the following amounts shall be paid in respect of each bed unit in the plan
of subdivision:
Residential
Drainage
$ 22.25
Employee Housing
$ 20.88
Parkland
$ 155.94
Road
$ 176.80
Sewer
$ 3,943.56
Water
$ 3,446.44
Total Per Bed Unit
$ 7,765.87
2. Upon subdivision or issuance of a building permit for the construction, alteration
or extension of a building or part of a building for any Commercial Use, the
following charge shall be paid for each square meter of Gross Floor
Area authorized to be constructed, altered, or extended by the building permit:
Commercial Use
Drainage
$ 0.38
Employee Housing
$ 0.36
Parkland
$ 2.65
Road
$ 3.01
Sewer
$ 67.04
Water
$ 58.59
Total Per Square Meter
$ 132.02
3. Upon subdivision or issuance of a building permit for the construction,
alteration or extension of a building or part of a building for any Industrial Use,
the following charge shall be paid for each square meter of Gross Floor
Area authorized to be constructed, altered, or extended by the building permit:
Industrial Use
Drainage
$ 0.22
Employee Housing
$ 0.21
Parkland
$ 1.56
Road
$ 1.77
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Sewer
$ 39.44
Water
$ 34.46
Total Per Square Meter
$ 77.66
4. Upon subdivision or issuance of a building permit for the construction,
alteration or extension of 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 authorized to be constructed, altered, or extended by the building permit:
Institutional Use
Drainage
$ 0.40
Employee Housing
$ 0.38
Parkland
$ 2.81
Road
$ 3.18
Sewer
$ 70.98
Water
$ 62.04
Total Per Square Meter
$ 139.79
5. Where a proposed building is to be used for more than one class of use under
this bylaw, the charge for each portion of the building used for a separate class
of use shall be calculated separately, based upon the relevant charge under
Sections 1, 2, 3 or 4 of this Schedule, and the total amount of those charges
shall be payable as per Section 7 of this bylaw.