Surrey Amenity Cost Charge Newton Community Centre Bylaw, 2026, No. 21994 — full text, Surrey, British Columbia

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WHEREAS: CITY OF SURREY BYLAW NO. 21994 The second of two bylaws imposing Amenity Cost Charges (Newton Community Centre). A. Pursuant to Section 570.1 of the Local Government Act, amenities provide social, cultural, heritage, recreational, or environmental benefits to a community. B. Pursuant to Section 570.2 of the Local Government Act, the Council of the City may, by bylaw, impose Amenity Cost Charges for the purpose of providing funds to assist the City in paying the capital costs of providing, constructing, altering, or expanding Amenities to benefit, directly or indirectly, the development, and the increased population of residents or workers that results from the development for which the Amenity Cost Charge is being imposed. C. The Council of the City has provided one or more opportunities it considers appropriate for consultation with the public, and with persons, public authorities, and organizations that the Council considers will be affected by this Bylaw, and the Council has considered the submissions. D. The Council of the City has established the Amenities to be funded by the Amenity Cost Charges in this Bylaw. NOW THEREFORE the Council of the City of Surrey, in open meeting assembled, ENACTS AS FOLLOWS: TITLE 1. This Bylaw may be cited for all purposes as the "Surrey Amenity Cost Charge Newton Community Centre Bylaw, 2026, No. 21994." INTERPRETATION 2. In this Bylaw and the recitals: "Amenities" means the amenities listed in Schedule "A", which do not include any amenities specified in Surrey Amenity Cost Charge General Bylaw, 2026, No. 21993; Surrey Amenity Cost Charge Newton Community Centre Bylaw, 2026, No. 2 1994 Page 1 Zoning Bylaw - Schedule G Bonus Density; and Surrey Development Cost Charge Bylaw; "Amenity Cost Charge" means a charge calculated from the rates in Schedule "B" for the Amenities; "Apartment" means a multiple unit residential building, where a Dwelling Unit is accessible from a common interior corridor and does not include a Townhouse; "Building Area" or "BA" means building area as defined by the total sum of all floor areas enclosed or partially enclosed by the exterior perimeter of a building or structure including without limitation stairways, elevator shafts, storage rooms, mechanical rooms and basements, and excluding perimeter walls, private amenity space and areas for parking that are provided as an accessory use to the building or structure; "Building Bylaw" means Surrey Building Bylaw, 2012, No. 17850; "Building Permit" has the same meaning as permit set out in the Building Bylaw; "City" means the City of Surrey; "Construction" has the meaning set out in the Building Bylaw; "Council" means the Council of the City of Surrey; "Dwelling Unit" or "DU" means dwelling unit as defined in the Zoning Bylaw; "Effective Date" means the initial date on which this Bylaw is adopted by Council; "Eligible Development" means all or a portion of a development, that is an eligible development as defined in Section 570.6(1) of the Local Government Act, provided that the eligible development is subject to a housing agreement adopted by bylaw, securing rental tenure for a minimum term, as accepted by the City, provided that any: (a) not-for-profit rental housing is operated by a public housing body, prescribed in the Residential Tenancy Act and Regulations; or (6) for-profit affordable rental housing is rented at a minimum of 10% below the Canada Mortgage and Housing Corporation median housing rents for the City of Surrey; "Local Government Act" means the Local Government Act, RSBC 2015, c. 1; Surrey Amenity Cost Charge Newton Community Centre Bylaw, 2026, No. 21994 Page 2 "Townhouse" means a ground-oriented multiple unit residential building, where the Dwelling Unit has a direct exterior entrance; "Zoning Bylaw" means the Surrey Zoning Bylaw, 1993, No. 12000. 2. Words not defined in this Bylaw shall have the same meaning as defined in the Zoning Bylaw, Local Government Act, Community Charter, or Interpretation Act. :3- Headings given to sections are for convenience of reference only and do not form part of this Bylaw. 4. Unless expressly stated otherwise, a reference to a section or schedule, means that section or schedule of this Bylaw. 5. Words importing the singular include the plural and vice versa and words importing the neutral gender include the masculine and the feminine genders or the body corporate or politic where the context or the parties so require. 6. A reference to a statute, regulation, or another bylaw refers to that enactment as it may be amended or replaced from time to time. 7. If a section, sub-section, or clause in this Bylaw is held to be invalid by a court of competent jurisdiction, then that invalid portion will be severed and the remainder of this Bylaw will be deemed to have been adopted without the invalid and severed section, sub-section, or clause. AMENITY COST CHARGE 8. Pursuant to Section 570.2(1) of the Local Government Act, where required by Schedule "B", every person who obtains: (a) approval of a subdivision; or (b) a Building Permit; must pay to the City an Amenity Cost Charge. 9. Subject to Section 13, an Amenity Cost Charge, where required by Schedule "B", is calculated as follows: (a) Subdivision by multiplying the Amenity Cost Charge rate times the number of lots approved by a subdivision; or (b) Building Permit Surrey Amenity Cost Charge Newton Community Centre Bylaw, 2026, No. 21994 Page 3 by multiplying the Amenity Cost Charge rate times the number of Dwelling Units authorized by a Building Permit, or the square footage of Building Area authorized by a Building Permit. 10. An Amenity Cost Charge shall be payable, as follows: (a) at the time of the approval of a subdivision plan by the approving officer; (b) at the time of the issuance of a Building Permit; or ( c) both (a) and (b) where required by Schedule "B", if applicable. 11. This Bylaw applies to eve1y area of the City. 12. Amenity Cost Charges may only be levied on the portion of a development up to and including the base density as specified in each zone, or where no base density is specified in the zone on the entire development. 13. Amenity Cost Charges will not be levied on the portion of a development for which a Community Specific Capital Project Contribution, as identified in Schedule J Transitional Provisions in the Zoning Bylaw, has been previously paid. CIRCUMSTANCES IN WHICH AMENITY COST CHARGES ARE NOT PAYABLE 14. Despite Section 9, an Amenity Cost Charge is not payable in relation to a development listed in Section 570-4 of the Local Government Act and prescribed classes in Affordable Housing (Local Government Act) Regulation OIC 355. WAIVERS 15. Despite Section 9, an Amenity Cost Charge may be waived for an Eligible Development, if: (a) the term of the housing agreement adopted by bylaw is not less than 60 years; (6) all of the Dwelling Units within the Eligible Development are available for rental throughout the term; and (c) all of the Dwelling Units within the Eligible Development are owned by the same owner(s). REDUCTIONS 16. An Amenity Cost Charge may be reduced in accordance with Section 17 for an Eligible Development, if: (a) the term of the housing agreement adopted by bylaw is 20, 30, 40, or 50 years; Surrey Amenity Cost Charge Newton Community Centre Bylaw, 2026 , No. 2 1994 Page 4 (b) all of the Dwelling Units within the Eligible Development are available for rental throughout the term; and (c) all of the Dwelling Units within the Eligible Development are owned by the same owner(s). 17. For Eligible Developments with a term of a housing agreement referred to in Section 16, the Amenity Cost Charge rates in Schedule "B" are multiplied by a scale factor, as follows: (a) 20 year term by a 0.667 scale factor; (b) 30 year term by a 0.500 scale factor; (c) 40 year term by a 0.333 scale factor; or (d) 50 year term by a 0.167 scale factor. For example, for a 20-year housing agreement term in Sub-section 17(a), the reduced Amenity Cost Charge rate = 0.667 x Amenity Cost Charge rate in Schedule "B". PROVISION OF AMENITY INSTEAD OF AMENITY COST CHARGE 18. Despite Section 9, the City may, by bylaw and pursuant to Section 570.9 of the Local Government Act, enter into an agreement with a person under which the person provides, constructs, alters, or expands an Amenity, or provides land for an Amenity, instead of paying all or part of an Amenity Cost Charge. 19. An Amenity referred to in Section 18 must: (a) be an Amenity that is specified in Schedule "A" of this Bylaw; (b) have a location acceptable to the City; and ( c) be provided before final occupancy in relation to a Building Permit. REVISION TO BUILDING PERMIT 20. Where a change is proposed to a previously issued Building Permit that was subject to an Amenity Cost Charge, the Amenity Cost Charge will be recalculated to account for any change in the number of Dwelling Units or Building Area (as applicable) and any positive difference between the recalculated Amenity Cost Charge and the original Amenity Cost Charge amount shall be payable to the City at the time of the issuance of the revised Building Permit. Any negative difference between the recalculated Amenity Cost Charge and the original Amenity Cost Charge amount shall be refunded. EFFECTIVE DATE Surrey Amenity Cost Charge Newton Community Centre Bylaw, 2026, No. 21994 Page 5 21. This Bylaw is in force on the Effective Date. PASSED FIRST READING on the nth day of May, 2026. PASSED SECOND READING on the nth day of May, 2026. PASSED THIRD READING on the nth day of May, 2026. RECONSIDERED AND FINALLY ADOPTED, signed by the Mayor and Clerk, and sealed with the Corporate Seal on the 15th day of June, 2026. ~ -- A -~~ :=-==,-L-~~~---- MAYOR -~ ----=+)-=W'------~---=--.,._ 1 ___ CLERK I I j , I I I ( Surrey Amenity Cost Charge Newton Community Centre Bylaw, 2026, No. 21994 Page 6 SCHEDULE "A" Surrey Amenity Cost Charge Newton Community Centre Bylaw, 2026, No. 21994 Amenity 1. The Newton Community Centre Surrey Amenity Cost Charge Newton Community Centre Bylaw, 2026, No. 21994 Page 7 Schedule "B" Surrey Amenity Cost Charge Newton Community Centre Bylaw, 2026, No. 21994 No. Development Type or Zone Amenity Cost Charge Rates1 AGRICULTURAL- Subdivision2 1 A1,A2 $2,173.61 I lot RESIDENTIAL Small-Scale Multi-Unit Housing- Subdivision2 2 RA,R1,R2,R2-O,R3,R4,R5,R5-S,R6,R7 $1,952.20 I lot Small-Scale Multi-Unit Housing-Additional Dwelling Units3 3 Duplex - Second Principal Dwelling Unit $2,053.19 I DU 4 Houseplex-Additional Dwelling Units after the first Dwelling Unit $1,835.81 I DU 5 Coach House $1,488.72 I DU 6 Garden Suite $1,488.72 I DU Row Housing - Subdivision 7 RM-23 $1,780.91 I lot Multiple Unit Residential Building4 8 Townhouse5 $1.15 I sq. ft of BA ($12.37 I sq. m of DU) 9 Apartment $1.77 I sq. ft of BA ($19.05 I sq. m of DU) Notes: 1. Rates expressed as sq. ft are the applicable Amenity Cost Charges rates, and any rates expressed as sq.mare shown for illustrative purposes only. 2. Subdivision charge includes first principal Dwelling Unit with or without a secondary suite. 3. Additional SSMUH Dwelling Units added in excess of first principal Dwelling Unit with or without a secondary suite noted in 2. 4. Includes the floor area of a lock-off suite. 5. Includes stacked townhouses. 6. Includes caretaker units. Surrey Amenity Cost Charge Newton Community Centre Bylaw, 2026, No. 2 1994 Page 8